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JUNE 27, 1995 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH III, Virginia Beach Borough ROBERT K. DEAN, Priuess Anne Borough W. W. HARR/SON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough NANCY K. PARKER, At-Large LOUISA M. STRAYtTORN, Kempsulle Borough JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney KUTH HODGES SMITH, CMC l AAE, City Clerk CITY COUNCIL AGENDA June 27, 1995 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. "HOLIDAYS AT THE BEACH" James Ricketts, Director of Convention and Visitor Development William Reid, Cellar Door Productions of Virginia, Inc. B. PROPOSAL FOR CITY'S TOURISM ADVERTISING AND MARKETING BUDGET ESTABLISH TOURISM ADVERTISING/MARKETING FORMULA James Ricketts, Director of Convention and Visitor Development II. AGENDA REVIEW SESSION - Conference Room - A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyers E. Oberndorf B. INVOCATION: Reverend Kenneth Carbaugh Our Saviour Lutheran Church 4:00 PM 6:00 PM C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 (804) 427-4303 F. MINUTES 1. SPECIAL FORMAL SESSION 2. INFORMAL & FORMAL SESSIONS 3. SPECIAL FORMAL SESSION G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA - June 10, 1995 - June 13, 1995 - June 20, 1995 The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. RESOLUTIONS 1. Resolutions of the City Council of the City of Virginia Beach re issuance of REFUNDING BONDS: a. $2,800,000 Industrial Development Revenue Bonds, to Mark F. Garcea re acquisition, construction and equipping of approximately 72,290 square foot manufacturing facility at Parcel #68, Oceana Industrial Park on Seahawk Circle and leased to M & G Electronics Corp. b. $26,800,000 Rental Housing Revenue Refunding Bonds to refund the Virginia Beach Development Authority's 1985 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project). J. ORDINANCES 1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach: a. Section 2-78 re applicant background investigations for public employment. b. Appendix D re Stormwater Management. c. Section 27-3 re copies of records, photographs taken by Police and fees for Police Services. d. Section 38-1 re carrying concealed weapons. 2. Ordinances re Tourism and Growth Investment Fund (TGIF): a. AMEND and REORDAIN Ordinance No. 93-2204A re funding a "Holidays at the Beach Light" program. b. APPROPRIATE $750,000 from TGIF fund balance to the Department of Convention and Visitor Development's FY 1995-1996 Events Budget re City using its General Entertainment and Major Events Program Agreement with Cellar Door Productions to purchase and operate a "Holiday Light Display" as a major resort area event during the winter tourist season; and, any excess revenues or shortages generated and defined as total revenues less the total cost of operating the event, be returned to TGIF. 3. Ordinance to ACCEPT and APPROPRIATE $425,199 "COPS Ahead Program Grant" from the United States Department of Justice, (Federal Police Department Grant), to the FY 1995-1996 Operating Budget, to expand the Community Policing Program; estimated revenues be increased accordingly; and, TRANSFER $512,633 from the FY 1995-1996 Federal Police Department Grant Fund Reserve for Contingencies to provide the required match and the necessary training, equipment and operating supplies. 4. Ordinance to ACCEPT and APPROPRIATE $34,709 Second Year Funding from the Virginia Commonwealth Transportation Board; revenues from the Federal Government be increased accordingly; TRANSFER $8,677 from the FY 1995-1996 Mass Transit Operating Budget; and, a full-time position be continued in the Department of Planning and Community Development for the Transportation Efficiency Improvement Program. 5. Ordinance to authorize TRANSFER of $2,786 from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund, as a charitable gift to the Boys and Girls Club, for the costs of water and sewer fees associated with construction of the 1995 TIDEWATER BUILDERS ASSOCIATION (TBA) CHARITY HOUSE. 6. Ordinance to authorize a temporary encroachment into a portion of an existing 10' City easement, proposed 15' drainage easement and 20' utility easement to Annie B. Kellam, Floyd E. Kellam, Jr. and McDonald's Corporation re constructing and maintaining a parking lot at 2436 Princess Anne Road ( PRINCESS ANNE BOROUGH). 7. Ordinance to grant a franchise to Mariner Associates, A Virginia Limited Partnership, to provide Lifeguard and Beach Equipment Rental Services on the City-owned beach area adjacent to The Ramada Oceanfront Tower at 57th Street and the Oceanfront (LYNNHAVEN BOROUGH). 8. Ordinances re annual compensation for City Council Appointees: a. City Manager (3~) $116,246.16 to $120,000.00 b. City Attorney (3~) $ 87,550.08 to $ 90,176.64 plus 1 1/2$ of Annual Compensation to the City's Deferred Compensation Plan. c. City Clerk (3~) $ 52,207.20 to $ 53,773.44 d. City Real (3~) $ 61,484.16 to $ 63,328.80 Estate Assessor 9. Ordinance to authorize License Refunds in the amount of $8,914.35. 10. Ordinance to authorize Tax Refunds in the amount of $8,230.98. K. PUBLIC HEARING - PLANNING 7:00 PM 1 . PLANNING BY CONSENT - To be determined during the Agenda Review Session. 2. RECONSIDERATION OF CONDITION NUMBER FIVE re: City's AICUZ industrial policy's aesthetic guidelines in the May 5, 1986, Approved Application of T.C.C. DEVELOPMENT CORP for Change of Zonings in behalf of TAYLOR GROUP OF VA., INC. (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 3. RECONSIDERATION OF CONDITIONS NUMBER ONE AND TWO re: Parasailing activities in the March 22, 1994, Approved Application and CONFIRMING MODIFICATION MADE TO CONDITION NUMBER THREE re: Tenure of approval for two (2) years, February 24, 1995, for BIG BERTHA INVESTMENTS, a Virginia General Partnership, in the approved Conditional Use Permit for an outdoor recreational facility at 3319 Shore Drive (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 4. Application of VICTOR M. WEST for the enlargement of a nonconforming use at 4100 Charity Neck Road re addition of second story (storage and living quarters) to existing structure, containing 24,040.76 square feet (PUNGO BOROUGH). Deferred: May 23, 1995 Recommendation: INDEFINITE DEFERRAL 5. Application of JAMES M. GRUSZECZKA for the conversion of a nonconforming use at 408 27th Street re converting a single- family dwelling to a garage apartment (VIRGINIA BEACH BOROUGH). Deferred: June 13, 1995 Recommendation: DENIAL 6. Petition of BAY PROPERTIES for the discontinuance, closure and abandonment of a portion of Reliance Drive beginning at a point 505.74 feet West of International Parkway and running in a Westerly direction a distance of 555 feet more or less, containing 35,817 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 7. Application of McGINNIS REALTY and DEVELOPMENT COMPANY for a Change of Zoning District Classification from R-20 Residential District to R-7.5 Residential District on the East side of General Booth Boulevard, 292.18 feet South of Red Mill Boulevard, containing 11.1 acres (PRINCESS ANNE BOROUGH). Deferred: July 12, 1994 Deferred Ninety Days: August 9, 1994 Deferred Indefinitely: November 22, 1994 Recommendation: APPROVAL 8. Applications of NORMA R. and DONALD R. LANCASTER re property at the Southwest Intersection of Dam Neck Road and Bold Ruler Drive (PRINCESS ANNE BOROUGH): a. MODIFICATION OF PROFFERS in the February 9, 1993, Adopted Ordinances Upon Application for Conditional Changes of Zoning (PRINCESS ANNE BOROUGH). b. Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all requirements of the City Zoning Ordinance. c. Changes of Zoning District Classification: (1) From AG-2 Agricultural District to R-20 Residential District 500 feet more or less South of Dam Neck Road beginning at a point 150 feet West of Hold Ruler Drive, containing 10,000 square feet. (2) From B-lA Limited Comm unity Business to R-20 Resid ential District, on the West side of Bold Ruler Drive beginning at a point 500 feet more or less South of Dam Neck Road, containing 15,942 square feet. Recommendation: APPROVAL 9. Applications of MOORE FARM ASSOCIATES re Northwest corner of Wesleyan Drive and Heatherwood Drive (BAYSIDE BOROUGH): a. Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all requirements of the City Zoning Ordinance. b. Change of Zoning District Classification from $~ Community Business District to conditional A-12 Apartment District, containing 5,132 acres. Recommendation: APPROVAL 10. Application of SHOREBAY BUILDERS, INC., for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all requirements of the City Zoning Ordinance at the Northwest side of Dwyer Road, 548.31 feet Northeast of Old Dam Neck Road (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 11. Application of KLINE PROPERTIES, a Virginia General Partnership, for a Conditional Use Permit for an automobile repair facility on the South side of Dean Drive, 250 feet more or less East of Lynnhaven Parkway, containing 1.374 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 12. Application of CHARLES BARKER ENTERPRISES, INC., Ground Lessee, for a Conditional Use Permit for automobile sales and service on the South side of Laskin Road, East of Maxey Drive (1877 Laskin Road), containing 5.035 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 13. Application of LYNNHAVEN UNITED METHODIST CHURCH for a Conditional Use Permit for a church (additions on the Southwest side of Little Neck Road, 393.71 feet Southeast of Staceywood Court (1033 Little Neck Road), containing 3.4434 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 14. Application of TIDEWATER WESTMINSTER HOMES, INC., for a Conditional Use Permit for a home for the aged at the Southwest corner of Shore Drive and Sunstates Court, containing 1.891 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 15. Applications of ELLIS GIBBON DEVELOPMENT GROUP for Changes of Zoning District Classification (VIRGINIA BEACH BOROUGH): a. From R-5S Residential Single Family District to RT- Resort Tourist District on the Northern 90 feet of Lots 11, 13, 15, 17 and 19, in Block 6, Virginia Beach Development Company, on the East side of Baltic Avenue, 50 feet North of 27th Street, containing 27,000 square feet. b. From R-5S Residential Single Family District to P-1 Preservation District on the Southern 50 feet of Lots 11, 13, 15, 17 and 19, in Block 6, Virginia Beach Development Company, at the Northeast corner of Baltic Avenue and 27th Street, containing 15,000 square feet. Recommendation: APPROVAL 16. Applications of DEVELOPMENT OPTIONS, INC., for Conditional Changes of Zoning District C1aG ification to B-2 Community Business District (KEMPSVILLE BOROUGH): a. From R-5D Residential Duplex District at the Northwest intersection of Lynnhaven Parkway and Princess Anne Road, containing 20.30 acres. b. From I-1 Light Industrial District on the Southwest side of Princess Anne Road beginning at a point 290 feet more or less Northwest of Lynnhaven Parkway (4233 Princess Anne Road), containing 23.44 acres. Deferred: Deferred: May 23, 1995 June 13, 1995 Recommendation: APPROVAL L. APPOINTMENTS CBPA - CHESAPEAKE BAY PRESERVATION AREA BOARD HRPDC - HAMPTON ROADS PLANNING DISTRICT COMMISSION RAAC - RESORT AREA ADVISORY COUNCIL SOCIAL SERVICES BOARD TCC - TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. MOSS - VIRGINIA BEACH SISTER CITY ASSOCIATION, INC. re Moss' 275th Celebration - August 1995 (Sponsored by Mayor Meyers E. Oberndorf and Vice Mayor W. D. Sessoms, Jr.) b. Lake Edward Neighborhood Advisory Council - Neighborhood Safety. (Sponsored by Councilman Louis R. Jones). 2. Abstract of Votes cast in the Republican Party Primary Election held on June 13, 1995. O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 06/22/95BAP AGENDA\06-27-95.PLN MINUTE S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 27, 1995 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, June 27, 1995, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor William D. Sessoms, Jr. Council Members Absent: William W. Harrison, Jr. [ON VACATION] Louisa M. Strayhorn [ENTERED: 2:15 P.M.J -2- CITY MANAGER'S BRIEFING HOLIDAYS AT THE BEACH 2:00 P.M.. ITEM # 39379 James Ricketts, Director of Convention and Ysitor Development advised the "Holidays at the Beach " concept has evolved over the past several months as a result of many meetings and discussions with a volunteer group comprised of representatives of the Yzrginia Beach Hotel and Motel Association, the Virginia Beach Restaurant Association, the Resort Retailers Association and City Staff. It is a proposed festival of lights at the oceanfront. This program will encompass holiday theme lighting at the Ysitor Information Center, and along 21st and 22nd Streets, leading into and away from the resort area. There will also be lighting along specified sections of Atlantic and Pacific Avenues. In addition, there would be a revenue generating animated lighting display along the Boardwalk Private vehicles would pay a charge of approximately $6.00 per car, enter the Boardwalk at 8th Street, drive north, view the animated light displays, and exit the boardwalk at 37th Street. Animated displays with a nautical theme would be erected on the greenbelt, adjacent to the Boardwalk Cars would drive through an arch of moving bubbles and beside holiday lights on the Boardwalk railings. The "Holidays at the Beach "program requested funding of $750,000. Of this amount $531,000, plus state tax, will 6e for the capital investment of the light program and the additional funding will be for operations and administrative cost. The staff recommended the contract with Cellar Door be AMENDED to include this program. Mary Pat Fortier, Executive Director -Hotel/Motel Association, advised this proposal began as an initiative within the Hotel/Motel Association's Community Relations Committee, as a very modest approach, placing Christmas Trees in 24th Street Park To bring a festive atmosphere to the Resort became a broader initiative. Volunteers, such as Sandy Jackson and Cathy Pender, undertook a general study of other lighting displays in Cities similar to Yrginia Beach. They traveled to Ocean City for their grand illumination of their Winter Fest of Light. They were impressed by what they saw and the information gathered from the business establishment as well as the Chamber of Commerce concerning the business generated and the genuine good community feeling resulting over the last three years since its inception. They came back brimming with enthusiasm and information. A varied committee was formed; composed of a Task Force, including the Sugar Plum Bakery, the Pavilion and Ysitor Information Center. The designer of the lighting displays in Ocean City was contacted and requested to visit Virginia Beach. This designer also designs the lighting displays for Norfolk Botanical Gardens, Newport News Park and Myrtle Beach, as well as others. The designer's proposed plans were submitted. The program has been reviewed and endorsed by the VBHMA, the Resort Leadership Council and the Resort Area Advisory Commission. The RAAC voted unanimously to recommend approval of the use of the TGIF funds in the amount of $750,000. Henry Richardson, referenced the business impact on other Cities. This information is hereby made a part of the record. In Ocean City, Maryland in 1993, a similar type of program was initiated with dates of operation from Mid November to Late January. In 1993/1994, their Hotel Sales were approximately $1.2- MILLION in December and $1.7-MILLION in January. The Hotel Sales in 1994/1995 Season were $1.6-MILLION in December and $3-MILLION in January, reflecting a 30% increase in the month of December from one year to the next and a 77% increase in the month of January. The Smoky Mountain Lights Program in Gatlinburg, Tennessee, was initiated in 1991 with operation dates from early November thru the end of February. There was an overall increase in their business in excess of twenty-five percent. Their initial investment was approximately $1-MILLION and substantial amounts have been added since that time to increase their lighting display. This festival has been rated Number One special event in the southeast by the Southeast Tourism Society. It is also among one of the Top 100 Bus Association events in the United States. The Gatlinburg area has had a 25% increase in their general revenues. Sales increased from $56-MILLION in the 1991/1992 Season to the $70-MILLION during the 1994/1995 Season. The Celebration in Light in the Newport News Parr has a 2.2 mile display with paying cars of approximately 56,000 at a $6.00 charge generating almost $335,000, so this appears to be comparable in size and scope. June 27, 1995 -3- CITY MANAGER'S BRIEFING HOLIDAYS AT THE BEACH ITEM # 39379 (Continued) George Mosca, General Manager -Carpenter Decorating Co., Inc., presented information relative Holiday Lighting Festivals. Carpenter Decorating Co., Inc., became associated with high economical impact light shows approximately five years ago. This company has been in Holiday Lighting for approximately 60 years. Some of their Lighting Festivals include: Ocean City, Maryland Newport News, Park, Virginia Norfolk Bota-rical Gardens, Virginia Baltimore Zoo, Maryland Howard County, Maryland Myrtle Beach, South Carolina Tanglewood Park, Clenunons, North Carolina Gatlinburg, Tennessee Cypress Gardens, Winter Haven, Florida Lake Lanier, Georgia East Peoria, Illinois Louisville Zoo, Kentucky Helene, Georgia Mr. Mosca displayed the proposed lighting program. The entry area (the Visitors Center) will have a 30' z 37' Neptune's Castle with bubbling towers and lights outlining buildings. The lighting of the Boardwalk will commence on 8th Street and follow down to 37th .Street. l~lliam Reid, Cellar Door Productions of Virginia, Inc., reiterated information relative the Holidays At the Beach Budget summary. ESTIMATED ANNUAL OPERATING EXPENSES Electricity $ 20,000 Insurance 5,000 Electrical upgrade 5,000 Security 20, 000 Staff (temps) 25, 000 Local Advertising and Promotion 30,000 Storage 20, 000 Installation 50,000 TOTAL $ 175, 000 ESTIMATED ANNUAL PROGRAM REVENUE Boardwalk viewing $ 300, 000 (based ore 50, 000 cars @ $6.00) Sponsorships 50, 000 TOTAL $ 350, 000 Operating Costs - 175,000 TOTAL $ 175, 000 Administrative Costs - 70,000 TOTAL (Annual Return to TGIF) 105 000 June 27, 1995 -4- CITY MANAGER'S BRIEFING HOLIDAYS AT THE BEACH ITEM # 39379 (Continued) Mr. Reid advised if the first year's Operating Costs are in excess of $175,000, it will become the responsibility of Beach Events to fund the balance. The fee to administer the program will be 20%, which was determined based upon a current percentage of the Beach Events contract. This program can be enhanced with other programs during the course of the lighting show i.e, portable ice skating rink at 24th Street Parr different choir groups. This will turn Yrginia Beach into a true Holiday/ Festive destination point. June 27, 1995 -5- CITY MANAGER'S BRIEFING PROPOSAL FOR CITY'S TOURISM ADVERTISING AND MARKETING BUDGET ESTABLISH TOURISM ADVERTISING/MARKETING FORMULA ITEM # 39380 3:30 P.M. Mr. James Ricketts, Director of Convention and Ysitor Development advised as indicated in the Policy Report, from 1972-1985, the Tourism Advertising Budget; submitted to the City Manager during the budget process was based upon a formula wherein the total was derived from, (1) a portion of the transient lodging, restaurant and amusement tax, (2) an inflationary factor, and (3) an allowance for new hotel rooms constructed. This formula was discontinued in 1985 with City Manager Thomas Muehlenbeck. Therefore, the advertising and market requests were submitted through the normal budget process. Since the formula was discontinued, the advertising budget has not kept pace with competitive and inflationary pressures, and has eroded in terms of constant dollars to 1985 levels. Mr. Ricketts introduced Palmer Farley, who displayed the slide presentation, given to the community relative a new formula for the Tourism/Advertising Budget. Mr. Farley advised the market program is declining. The marketplace is very competitive. Levels of spending are being increased in other areas of Hampton Roads, as well as throughout the region. Myrtle Beach has a number of entertainment, recreational venues. Myrtle Beach now has 86 golf courses completed and another 14 under construction. They anticipate 125 by the year 2,000. Of all the visitors of Virginia Beach, 29% of them consider Myrtle Beach. Several years ago, the Outer Banks was not expending any funds. Today they are spending $1-MILLION plus. Of all the visitors to Yrginia Beach, 10% consider the Nags Head area. The City's third competitor is Ocean City, which also has golf courses on line and have increased their budget to $1/2-MILLION. 23% of the City's visitors also consider Ocean City. Virginia Beach must start to become aggressive in the marketplace. The proposal brought forward by the Yrginia Beach Hotel/Mote[ Association and supported by Convention and Vasitor Development includes the following: 1. The establishment of a Tourism Advertising/Marketing Fund Formula to support CVD Annual Advertising/Marketing Budget. The fund would have the following dedicated sources of revenue: A. A $1.00 per room night tax levied on transient lodging establishments. (Staff is recommending that campgrounds be excluded from this tax and that the $1.00 per night room tax collected from lodging places (other than hotels, motels and travel campgrounds) located in the Sandbridge Special Service District Area go to support the financing of the beach, shoreline management and restoration in the District.) B. 1/2 cent of the existing Restaurant Tax. C. 1 cent of the existing Transient Lodging Tax. 2. The establishment of aCouncil-appointed Virginia Beach Advertising Advisory Committee to review the City's advertising budget and marketing strategy and to make recommendations to the Director of CBD. 3. The VBHMA has requested that the advertising and marketing funds be separate from the funds allocated to the TGIF for resort area programs and improvements. To accomplish this, staff is proposing the establishment of a Tourism Advertising/Marketing Special Revenue Fund and that revenues generated from the advertising formula be transferred to this fund. June 27, 1995 -6- CITY MANAGER'S BRIEFING PROPOSAL FOR CITY'S TOURISM ADVERTISING AND MARKETING BUDGET ESTABLISH TOURISM ADVERTISING/MARKETING FORMULA ITEM # 39380 (Co-:tinued) *Due to the fact that the Visitor Information Center costs are closely linked to the Advertising Program, the Department of Management and Budget has proposed that the formula include the dedication of an additional existing 1/2 cent tax from the existing 5 I/2 cent tax on transient lodging to finance the expenses of operating the Center. These expenses include th.e costs related to answering the visitor inquires stimulated by the City's Advertising arrd Marketing Programs. Mr. Ricketts advised the objectives ~f the increased funds: 1. Attract more visitors 2. Stimulate more repeat visits 3. Encourage longer stays and more spending 4. Expand the shoulder seaso-: 5. Expand the intenzational base 6. Facilitate co-op partners a-nd create alliances. 7. Stimulate and promote new tourism product development and services. Mr. Ricketts advised the purpose was to increase tine City's annual advertisinglmarketing budget from $2.7 to $5.4-MILLION. Current Proposed Media $1.30-MILLION $3.40-MILLION Collateral/ Printi-zg .60-MILLION 1.00-MILLION Creative .25-MILLION .50-MILLION Research/Public Relations/Misc. .61-MILLION X50-MILLION TOTAL $2.76-MILLION $5.40-MILLION After the first full year of the revenue stream, the formula is expected to generate approximately $6.1- MILLON of which $5.4-MILLION would be allocated for advertising and promotion. According to the Tourism Media Advertising Return o-n Investment (ROI) model developed for Convention and Vsitor Development by Old Dominion University, the additional Media advertising dollars generated by the formula would provide for: $70.5-MILLION in increased tourist expenditure $ 3.l -MILLION in new tax reve-zues; net of increased costs for City Services A 41% ROI for the media dollars ezpe-nded. The Virginia Beach Advertising Advisory Conu-zittee would be comprised of the following five (5) voting members: President of the Virginia Beach IlotellMotel Association. Two additional representatives of the V13HMA to be designated by the Associations's Executive committee. The President of the Virggnnia Ilospitality and Travel Associationn, Virginia Beach Chapter -Restaurant Division (Vrginia Beach Restaurant Association). The Chairman of the Resort I,eadersJnip Council. June 27, 1995 -7- CITY MANAGER'S BRIEFING PROPOSAL FOR CITY'S TOURISM ADVERTISING AND MARKETING BUDGET ESTABLISH TOURISM ADVERTISING/MARKETING FORMULA ITEM # 39380 (Continued) In addition, it is recommended that the following persons serve on the committee in an ex-officio (non-voting capacity): The Director of Convention and Vsitor Development A representative of the City's Advertising Agency (as designated by the agency) A representative of the City's Public Relations Agency (as designated by the agency) The Council Member from the Yrginia Beach Borough The Executive Director of the Virginia Beach Hotel/Motel Association. Mayor Oberndorf advised this item is SCHEDULED for the Formal Session of July 11, 1995. A PUBLIC HEARING re PROPOSED INCREASE IN TRANSIENT LODGING TAX RATE will also be advertised and SCHEDULED. June 27, 1995 -8- AGENDA REVIEW SESION 4:23 P.M. ITEM # 39381 Councilman Dean referenced: J.1. Ordinances to AMEND and REORDAIN the Code of the City of Vrginia Beach: a. Section 2-78 re applicant background investigations for public employment. Councilman Dean advised Assistant City Attorney Blow informed him the school system already had a program in place relative background investigations. They utilize fingerprints. ITEM # 39382 Councilman Dean referenced: J.4 Ordinance to ACCEPT and APPROPRIATE $34, 709 Second Year Funding from the Vrginia Commonwealth Transportation Board; revenues from the Federal Government be increased accordingly; TRANSFER $8,677 from the FY1995-1996 Mass Transit Operating Budget; anc~ a full-time position be continued in the Department of Planning and Community Development for the Transportation Efficiency Improvement Program.The City Manager advised the following will be discussed: Councilman Dean advised the full funding of the position was allocated for $43,000. Councilman Dean requested information relative the historical developments and achievements of this position. ITEM # 39383 Council Members Dean and Parker referenced: J.6 Ordinance to authorize a temporary encroachment into a portion of an existing 10' City easement, proposed IS' drainage easement and 20' utility easement to Annie B. Kellam, Floyd E. Kellam, Jr. and McDonald's Corporation re constructing and maintaining a parking lot at 2436 Princess Anne Road (PRINCESS ANNE BOROUGH). Councilman Dean advised this is an encroachment into an easement. If there was a stoppage of drainage, the City would have the right to remove the parking lot. June 27, 1995 -9- AGENDA REVIEW SESION ITEM # 39384 BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA: RESOLUTION/ORDINANCES L1 Resolutions of the City Council of the City of Yirgirzia Beach re issuance of REFUNDING BONDS: a. $2,800,000 Industrial Development Revenue Bonds, to Mark F. Garcea re acquisition, construction acrd equipping of approximately 72,290 square foot manufacturir-g facility at Parcel #68, Oceana Industrial Park orr Seahawk Circle and leased to M & G Electronics Corp. b. $26,800,000 Rental Housing Revenue Refunding Bonds to refund the Vrginia Beach Development Authority's 1985 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project). J.1 Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach: a. Section 2-78 re applicant background investigations for public employment. b. Appendix D re Stormwater Management. c. Section 27-3 re copies of records, photographs taken by Police and fees for Police Services. d. Section 38-I re carrying corrccaled weapons. J.3. Ordinance to ACCEPT arrd APPROPRIATE $425,199 "COPS Ahead Program Grant" from the United States Department of Justice, (Federal Police Department Grant), to the FY 1995- 1996 Operating Budget, to expand the Community Policing Program; estimated revenues be increased accordingly; and, TRANSFER $512,633 from. the FY 1995-1996 Federal Police Department Grant Fund Reserve for Contingencies to provide the required match arrd the necessary trairrirrg, equipment arrd operating supplies. J.4 Ordinance to ACCEPT arrd APPROPRIATE $34, 709 Second Year Funding from the T~irgirria Commrnrwealth Transportation Board; revenues from the Federal Government be irrcreascd accordingly; TRANSFER $8,677 from the FY1995-1996 Mass Transit Operating Bu~l~et; anti, a full -time position be continued in the Dcpartmcnt of Plar-ning and Community Development for the Transportation Efficiency Improvement Program. J.S. Ordinance to TRANSFER of $2,786 from the General Fund Reserve for Corrtirrgencies to reimburse the Water and Sewer Fund, as a charitable gift to [he Boys arrd Girls Club, for the costs of water and sewer fees associated with co-rstructiorr of the 1995 TIDF,W.ATER BUILDERS ASSOC:IA'1'ION (T13A) CIIARITY HOUSE. June 27, 1995 - ll~ - AGENDA REVIEW SESION ITEM # 39384 (Continued) J.6 Ordinance to authorize a temporary encroachment into a portio-T of an ezistir-g 10' City easement, proposed IS' drainage easement and 20' utility easement to Anrrie B. Kellam, Floyd E. Kellam, ,Jr. and McDonald's Corporation re constructing and maintaining a parking lot at 2436 Princess Anne Road (PRINCESS ANNE BOROUGH). J.8 Ordinances re annual compensation for City Council Appointees: a. City Manager (3%) $116, 246.16 to $120, 000.00 b. City Attorney (3%) $ 87,550.08 to $ 90,176.64 plus 1/2% of Annual Compensation to the City :r Deferred Compensation Plan. c. City Clerk (3%) $ 52,207.20 to $ 53,773.44 d. City Real (3%) $ 61,484.16 to $ 63,328.80 Estate Assessor J.9 Ordinance to authorize License Refunds in the amount ~f $8,914.35. J.IO.Ordinar~ce to authorize Taz Refunds in the amount of $8,230.98. ITEM # 39385 Councilman Dean advised concerns relative: K.2 RECONSIDERATION OF CONDITION NUMBER FIVE re: City's AICUZ industrial policy's aesthetic guidelines in the May 5, 1986, Approved Application of T.C.C. DEVELOPMENT CORP for Change of Zorzir-gs irr behalf of TAYLOR GROUP OF VA., INC. (PRINCESS ANNE BOIZOUGII). Councilman Dean distributed copy of correspondence from Taylor Farms addressing concerns. ITEM # 39386 Councilman Dean inquired relative the additional parking impact between Henry's and Bubba's marina and the number of boats utilized. K 3 RECONSIDERATION OF CONDITIONS NUMBER ONE AND TWO re: Parasailing activities irr the March 22, 1994, Approved Application and CONFIRMING MODIFICATION MADE TO CONDITION NUMBER THREE re: Tenure of approval for two (2) years, February 24, 1995, for BIG BERTHA INVESTMENTS, a Vir,~~irria General Partnership, in the approved Conditional Use Permit for an outdoor recreational facility at 3319 S110YL' Drive (I,YNNHAVEN BOROUGH). This item will be clarified. June 27, 1995 - 11 - AGENDA REVIEW SESION ITEM # 39387 Councilman Dean requested Attorney R. J. Nutter clarify: K8 Applications of.NORMA R. and DONALD R. LANCASTER re property at the Southwest hltersectiorr of Dam Neck Road and Bold Ruler Drive (PRINCESS ANNE BOROUGH): a. MODIFICATION OF PROFFERS in the February 9, 1993, Adopted Ordinances Upon Application for Conditional Changes o Zonin (PRINCESS ANNE BOROUGH). b. Variance to Section 4.4(h) of tJ~.e .Subdivision Ordirlarrce which requires lots created 6y subdivision to meet all requirements of the City Zoning Ordinance. c. Changes of Zoning District Classification: 1. From AG-2 Agricultural District to R-20 Residential District, 500 feet more or less South of Dam Neck Road beginning at a point 150 feet West of Bokl Ruler Drive, containing 10,000 square feet. 2. From B-IA Limited Community Business to R-20 Residential District, on the West side of Bold Ruler Drive heginning at a point 500 feet more or less South of Dam Neck Road, C0i1talrllrlg 15,942 square feet. ITEM # 39388 Council Members Jones and Parker referenced inquires relative quality of corlstructiorl material utilized: J.9 Applications of MOORS FARM ASSOCIATES re Northwest corner of Wesleyan Drive and Hcatherwood Drive (BAY.SIDE BOROUGH): a. Variance to Section 4.4(h) of the Subdivision Ordirrarlce which requires lots created by subdivision to meet all requirements of the City Zoning Ordinance. b. Change of Zoning District Classification from B-2 Community Business District to Conditional A-12 Apartment District, containing 5,132 acres. This item will be discussed to respond to the nei~~llborlrood corrcerrrs. ITEM # 39389 The City Manger advised Councilmml Dean relative the unmanned utility facility. This was a small City pump station. J.10 Application of SHOREBAY BUILDERS, INC., for a Variance to Section 4.4(h) of the Subdivision Ordinance which requires lots created by subdivision to meet all requir-emerrts of the City Zoning Ordinance at the Northwest side of Dwyer Road, 548.31 feet Northeast of Old Dam Neck Road (PRINCESS ANNE BOROUGII). June 27, 1995 -12- AGENDA REVIEW SESION ITEM # 39390 Councilman Dean had concerns relative usage of water: J.14 Application of TIDEWATER WESTMINSTER HOMES, INC., for a Conditional Use Permit for a home for the aged at the Southwest corner of Shore Drive and Sunstates Court, containing 1.891 acres (LYNNIIAVEN BOROUGH). ITEM # 39391 Council Members Dean and Parker referenced: J.15 Applications of ELLIS GIBBON DEVELOPMENT GROUP for Changes of Zoning District Classification (VIRGINIA BEACH BOROUGH): a. From R-SS Residential Single Family District to RT-3 Resort Tourist District orr the Northern 90 feet ~f Lots 11, 13, 15, 17 and 19, in Block 6, Virginia Beach Development Company, on the East side of Baltic Avenue, 50 feet North of 27th Street, containing 27,000 square feet. b. From R-SS Residential Single Family District to P-1 Preservation District on the Southern 50 feet of Lots 11, 13, I5, 17 and 19, in Block 6, Vrginia Beaclr Development Company, at the Northeast corner of Baltic Avenue mrd 27th. Street, containing 15,000 square feet. Robert Scott, Director of Planning, advised this application co-rcernirrg the RT-3 referred to additional parking. The plan presented of the applicant's Charlotte offce indicated the quality of construction practices. ITEM # 39392 BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT AGENDA: K4 Application of VICTOR M. WEST for the enlargement of a nonconforming use at 4100 Charity Neck Road re addition of second story (storage and living quarters) to ea:isting structure, containing 24,040.76 square feet (PUNGO BOROUGH). KS Application of JAMES M. GRUSZECZKA for die conversion of a nonconforming use at 408 27th Street re converting a single-family dwelling to a garage apartment (VIRGINIA BEACH BOROUGH). K6 Petition of BAY PROPERTIES for t/7e disanrtirruarrce, closure and abandonment of a portion of Reliance Drive beginning at a point 505.74 feet West of hrterrratiorral Parkway arrd running ire a Westerly direction a distance of SSS feet more or less, containing 35,817 square feet (PRINC'f;'SS ANNE BOROUGH). June 27, 1995 - 13 - AGENDA REVIEW SESION ITEM # 39392 (Continued) K10 Application of SHOREBAY BUILDERS, INC., for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all requirements of the City Zoning Ordinance at the Northwest side of Dwyer Road, 548.31 feet Northeast of Old Dam Neck Road (PRINCESS ANNE BOROUGH). K11 Application of KLINE PROPERTIES, a Yrginia General Partnership, for a Conditional Use Permit for an automobile r~air facility on the South side of Dean Drive, 250 feet more or less East of Lynnhaven Parkway, containing 1.374 acres (LYNNHAVEN BOROUGH). K12 Application of CHARLES BARKER ENTERPRISES, ING, Ground Lessee, for a Conditional Use Permit for automobile sales and service on the South side of Laskin Road, East of Maxey Drive (1877 Laskin Road), containing 5.035 acres (LYNNHAVEN BOROUGH). K13 Application of LYNNHAVEN UNITED METHODIST CHURCH for a Conditional Use Permit for a church ~additionl on the Southwest side of Little Neck Road, 393.71 feet Southeast of Staceywood Court (1033 Little Neck Road), containing 3.4434 acres (LYNNHAVEN BOROUGH). KIS Applications of ELLIS GIBBON DEVELOPMENT GROUP for Changes of Zoning District Classification (VIRGINIA BEACH BOROUGH): a. From R-SS Residential Single Family District to RT-3 Resort Tourist District on the Northern 90 feet of Lots 11, 13, 15, 17 and 19, in Block 6, Ytrginia Beach Development Company, on the East side of Baltic Avenue, 50 feet North of 27th Street, containing 27,000 square feet. 6. From R-SS Residential Single Family District to P-1 Preservation District on the Southern 50 feet of Lots 11, 13, 15, 17 and 19, in Block 6, Yrginia Beach Development Company, at the Northeast corner of Baltic Avenue and 27th Street, containing 15,000 square feet. K16.Applications of DEVELOPMENT OPTIONS, ING, for Conditional Changes of Zoning District Classification to B-2 Community Business District (KEMPSVILLE BOROUGH): a. From R-SD Residential Duplex District at the Northwest intersection of Lynnhaven Parkway and Princess Anne Road, containing 20.30 acres. b. From I-1 Light Industrial District on the Southwest side of Princess Anne Road beginning at a point 290 feet more or less Northwest of Lynnhaven Parkway (4233 Princess Anne Road), containing 23.44 acres. June 27, 1995 -14- COUNCIL CONCERNS ITEM # 39393 Mayor Oberndorf distributed a Resolution expressing the Appreciation and Thanks of City Council to the Congressional Delegation and all those who worked to make Oceanq Fighter Town USA. Mayor Oberndorf requested this item be ADDED to the FORMAL SESSION of the City Council Session ITEM # 39394 Mayor Oberndorf referenced the request of the President of Moss, Norway/Virginia Beach Sister City Association to MOVE FORWARD their item from NEW BUSINESS to the beginning for the FORMAL SESSION. MOSS -VIRGINIA BEACH SISTER CITY ASSOCIATION, INC, re Moss' 275th Celebration -August 1995 Mrs. Kay Griggs, President (Sponsored by Mayor Meyera E. Oberndorf and Vice Mayor W. D. Sessoms, Jr.) ITEM # 39395 Mayor Jones referenced the request of the Lake Edward Neighborhood Advisory Council to move their item forward: Lake Edward Neighborhood Advisory Council -Neighborhood Safety. (Sponsored by Councilman Louis R. Jones) This item will be BROUGHT FORWARD after the item relative the Moss-Virginia Beach Sister City Association, Inc. ITEM # 39396 Vice Mayor Sessoms referenced a situation in the Princess Anne Borough relative a pool in an individual's backyard. Two feet of the deck is on City property. This piece of property, along with a five foot easement, comprises a portion of a park dedication. According to a City ordinance, Park property cannot be sold. The City staff will review and prepare a recommendation. This is an honest mistake. ITEM # 39397 Council Lady Henley referenced memorandum relative the golf course/ Lake Ridge Request for Proposals. The City Manager stated if there were concerns relative the content of the RFP, or if additional items were to be added, he requested the City Council advise. Council Lady Henley will forward comments to the City Manager. June 27, 1995 -15- COUNCIL CONCERNS ITEM # 39398 Council Lady Strayhorn referenced concerns from citizens and Mothers; Inc. relative Summer School. Some children are not able to pay the required fee. Council Lady Strayhorn advised she was informed the School System scholarship funds had been depleted. Mayor Oberndorf was advised by Dr. Pughsley that children who were on the lunch program would be guaranteed funds to attend the Summer School Yce Mayor Sessoms advised Chairman Kernutt was going to communicate that no one would be turned away because of the inability to pay. ITEM # 39399 Council Lady Parker referenced the Resolution providing that any proposed new initiative or program requiring local government services or funds, which is presented to or requested by City Council must identify a specific funding source. This shall not include general fund balance, but identify any financial impact on existing program. This Resolution was ADOPTED on November 2, 1992. A copy of this Resolution was distributed to members of City Council. A procedure shall be developed which ensures that a fiscal impact note is included with each proposed program or initiative, which develops outside of the normal budget process. If the source is the Reserve for Contingencies, then the balance in the Reserve shall also be noted. Basically, this will follow the intent of the Resolution. ITEM # 39400 Mayor Oberndorf distributed correspondence relative the Leadership and Goal Setting Workshop. The dates suggested for the workshop are Friday, August 4, and Saturday, August S. As with last year, the Council proposes to utilize the services of Lyle Sumek as Facilitator and tentatively convene at the Pavilion in order to reduce travel and facility expenditures. If these dates were not compatible, Mayor Oberndorf requested other dates be indicated on the distributed forms. Mayor Oberndorf advised she has committed to attend the Moss, Norway, 275th Anniversary and will depart August 10, 1995. ITEM # 39401 Mayor Oberndorf advised the Honorable George Allen, Governor of Yrginia, will be interviewed on Channel 13, 6:00 P.M. News relative Lake Gaston. Mayor Oberndorf referenced request from one of the television stations to be with the Council Members as they watch the Governor to film their reactions. Joel Rubin advised while the Governor is being interviewed, they will switch to a live shot of the Council Members watching the interview. Councilman Louis Jones will be the spokesperson. June 27, 1995 -I6- ITEM # 39402 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in t12e Council Chamber, City Hall Buildirc~, on Tuesday, Juree 27, 1995, at 5:05 P.M. Council Members Present: John A. Baum, Linwood O. Branch., lil, Robert K. Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: William W. Harrisory Jr. June 27, 1995 -17- ITEM # 39403 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Yrginia, as amended for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment assignment appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions: Chesapeake Bay Preservation Area Board Hampton Roads Planning District Commission Resort Area Advisory Commission Social Services Board Tidewater Community College Towing Advisory Board LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Lake Gaston Water Supply Project. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -18- FORMAL SESION VIRGINIA BEACH CITY COUNCIL June 27, 1995 6:30 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall I3uildiu~>, on Tuesday, Jurre 27 1995, at 6:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, Ilarold Heischober, Barbara M. Harley, LOUIS R. Jones, Mayor Meyera F.. Oberndorf, Narrcy K Parker, Vice Mayor IVilliam D. Sessoms, Jr. acrd Louisa M. Strayhorrt Council Members Absent: William W. Ilarrisorr, Jr. [ON VACA'lIONJ INVOCATION: Reverend Ke-zneth Carhaugl~. Our Saviour I utlzerun Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UI\'ITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidclify Bank, disclosed with the exception of Item IV-J.7 (Mariner Associates) and IV-K 11 (Kline I'ropertirs), for which he has ABSTAINED, there were no matters On the agenda in which he has a 'personal interest'; as defined in the Act, either individually or in his capacity as an crfficcr of Central Fidelity Nark The Vice Mayor regularly makes this Disclosure as he may or may not know ~f the Bank's urierest rn arry apphcatro-- that may come before City Council. Vice Mayor Sessoms' !etlcr of Janucny 10, 1995, is hereby made a part o[ the record. June 27, 1995 -19- Item IV-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39404 ITEM # 39328 Upon motion 6y Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Vrginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Ilarold Heischober, Barbara M Ilerrley, Louis R. Jones; Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 ~2~ 9,p 'fS OF ~r,~nl~ttnn CERTIFIOATION OF~ EXECUTTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39403 Page No. 17 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements byVirginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ,~s~ Ru h Hodges Smith, CMC/AAE City Clerk June 27, 1995 -2n- Item IV-F.1. MINUTES ITEM # 39405 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSION of Jurre 10, 1995, INFORMAL AND FORMAL SESSION of June 6, 1995 and the SPECIAL FORMAL SESSION of June 20, 1995. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean acrd William W. Ilarrison, Jr. June 27, 1995 - 21 - Item IV H. CONSENT AGENDA ITEM # 39406 RESOLUTIONS/ORDINANCES Upon motion by Yce Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in one motion Items, I.1 a./b., J.l.a./b./c./d., 3, 4, 5, 6, 8 a./b. */c./d./, 9 and 10 of the CONSENT AGENDA. *Item 8.6., re Compensation to the City Attorney, the portion related to 1/2% of annual compensation was DEFERRED and a dollar amount of $5,000. will be utilized. until the City Council Session of July 11, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -22- Item IV-I. CONSENT AGENDA ITEM # 39407 RESOLUTIONS Upon motion by Yce Mayor Sessoms, seconded by Courrcilmmz Jones, City Council ADOPTED: Resolutions of the City Council of the City of Virginia Beach re issuance of REFUNDING BONDS: a. $2,800,000 Industrial Development Revenue Bonds, to Mark F. Garcea re acquiritiorz, construction and equipping of approximately 72,290 square foot manufacturing facility at Parcel #68, Oceana Industrial Park orr Seahawk Circle and leased to M & G Electronics Corp. b. $26,800,000 Rental Housing Revenue Refunding Bonds to refund the Yrginia Beach Development Authority's 1985 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project). Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, Rohert K. Dean, Ilarold Heischober, I3arhara M. Healey, Louis R. Jones, Mayor Meycra E. Oberndorf, Nancy K Parker, Vrce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Noire Council Members Absent: William W. Harrison, Jr. June 27, 1995 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO MARK F. GARCEA WHEREAS, the City of Virginia Beach Development Authority (the"Authority") has considered the application of Mark F. Garcea (the "Borrower"), for the issuance of the Authority's industrial development~~revenue bonds in an amount not to exceed $2,800,000 (the "Bonds ) to assist in the finaninngoffanha proximately acquisition, construction and equipp g p 72,290 square foot manufacturing facility to be leased to M. & G. Electronics Corp. (all improvements and land being roximatelyly referred to as the "Facility") to be located on app 4.59 acres of land situated at Parcero#6mateleal/8lmiletfrom its Park, located on Seahawk Circle, app Y intersection with International Parkway and adjacent to 889 Seahawk Circle in Virginia Beach, Virginia, and has held a public hearing thereon on May 16, 1995; and WHEREAS, the Authority has requested that the City Council Virginia (the (the "Council") of the City of Virginia Beach, "City"), approve the isRevenueoCodeeofo1986toasoamendedththection 147 (f) of the Internal "Code"); and WHEREAS, Pursuant to § 15.1-1378.1 of the Code of Virginia of 1950, as amended, a copy of the Authority`s resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments, if any, expressed at the public hearing have been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority in a principal amount not to exceedqu2p80n~0of the financing the acquisition, construction and e i p g Facility for the benefit of the residents of the City, to the extent required by Section 147 (f) of the Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto 98885.1/GRF:JLS 05/18/95 except from the revenuesthedtaxingspowergof therCommonwealthltthe the faith or credit nor led ed thereto. City or the Authority shall be p g 3, In approving this Resolution, the City, including its elected representatives disclaims alllliability fornany damages not be liable and hereby to any person, direct or consequential, resulting from the Authority's failure to issue bonds for the Facility for any reason. 4. That this Resolution shall be take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City June 27, 1995. of Virginia Beach, Virginia, on I certify the foregoing to be a true and correct copy of a resolution adopted by the Council of the City of Virginia1995ch, Virginia, at a regular meeting held Dated: 1995 Clerk, City Council of the City of Virginia Beach APPROVED AS T C TEN75 NrrA''TURE ~~V v DEPARTMENT APPROVEL A5 T~J LECA!_ SU~FICIE//N,CY ~v' v~~~1 h• CITY ATTC?~E't 98885.1/GRF:JIS 05/18/95 2 II d I II I I _ _ SUMOIARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND i. PROJECT NAME: M,& G. Electronics Corp. - Phase II 2. LOCATION: Parcel #68, Oceana Industrial Park, ocate on. ea a , approximately 1/8 mile from its intersection with International* 3. DESCRIPTION OF PROJECT: 72,290 square feet light industrial ' building on 3.73 acres of'land 4. AMOUNT OF BOND ISSUE: _$2,800,000 ~ 5. PRINCIPALS: Mark F. Garcea 6. ZONING CLASSIFICATION: ' a. Present zoning classification of the Property Light industrial b. Is rezoning proposed? Yes T` No X c. If so, to what zoning . classification? N/A * Parkway and adjacent to 889 Seahawk Circle FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: April 13, 1995 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: M.& G. Electronics Corp. - Phase II TYPE OF FACILITY: Light industrial building 1. Maximum amount of financing sought ;2,800,000 2. Estimated taxable value of the facility's real property to be 00,000 2 ~ constructed in the municipality , 3. Estimated real property-tax per 31,920 $ year using present tax rates 4. Estimated personal property tax per year using present tax rates $ 10,000 5. Estimated merchants' capital (business license) tax per N/A $ year using present tax rates 6. Estimated dollar value per year of goods and services that will be purchased locally X2,970.000 7. Estimated number of regular employees on year round basis 200-300 8. Average annual salary per employee $ 12,480 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By aimn ~ ECONOMIC IMPACT FOR BOND ALLOCATION REVIEW Economic Impact Statement 1. Amount of investment $2,800,000 2. Amount of industrial revenue bond financing sought $2,800,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $2,600,000 4. Estimated real property tax per year using present tax rite $ 31,920 5. Estimated personal property tax $ 19,000 6. Economic impact statement demonstrating the overall . ,return to the City: A. Number of new jobs 200-300 B. Payroll generated $ 3,120,000 Av. Wage $6.00 per hour C. Number of jobs retained 450 D. Payroll retained $5,000,000 Av. Wage $7.00 per hour E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.) . Type Wire equipment Professional services Inventor Motor vehicles F. Estimated building permit fee and other municipal fees Value $ 200,000 $ 250,000 2,500,000 $ 20,000 c $ 25,000 2 G. Estimated construction payroll $1,200.000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $ 600.000 I. Estimated number of construction jobs 100 J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No X 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes X No 10. Location of project (attach location map) Parcel #68, Oceana Industrial Park on Seahaw Circ a in Virginia Beach 11. Explanation of alternative financing that has been reviewed for project None. I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 3 (App ica scribed and sworn to before me this ~~~ day of ~~~p , .~~. iQ Q5 Notary Public My Corunission Expires: ~(~-~-"l P ~C-JECT LOC'..A.TION M~!~P a O V N V H d tai RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA (Tidewater-Oxford Project) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Tidewater- Oxford Limited Partnership, a Maryland limited partnership (the "Borrower") for the issuance of the Authority's Rental Housing Revenue Refunding Bonds in an amount not to exceed $26,800,000 (the "Bonds") to refund all or a portion of the Authority's $26,800,000 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project) 1985 (the "1985 Bonds"), the proceeds of which were used to make a loan to the Borrower to finance the acquisition, construction, and equipping of a 480-unit multifamily rental housing project known as Reflections located at 3001 Reflections Way in the City of Virginia Beach, Virginia (the "Project") and has held a public hearing thereon on May 16, 1995; and WHEREAS, the Authority has recommended that the City Council (the "Council") of the City of Virginia Beach (the "City") approve the refunding of the 1985 Bonds and issuance of the Bonds by the Authority to comply with Section 147 (f) of the Internal Revenue Code of 1986, as amended, and proposed final Treasury regulations issued thereunder; and WHEREAS, a record of the public hearing held hereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. The holding of a public hearing with respect to the refunding of the 1985 Bonds and the Project by the Authority at 8:30 a.m. on May 16, 1995 prior to this meeting, at One Columbus Center, Suite 300, Virginia Beach, Virginia, in accordance with the requirements of Section 147 (f) of the Internal Revenue Code of 1986, as amended, is hereby ratified. 2. The Council approves the refunding of the 1985 Bonds and further approves issuance of the Bonds by the Authority for the benefit of the Borrower, to the extent of and as required by Section 147 (f) of the Internal Revenue Code, to permit the Authority to assist in the refunding of the 1985 Bonds. 3. The approval of the issuance of the Bonds, as required by Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged 98966.1/GRF:JLS 05/18/95 therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, nor the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the City Council of the City of Virginia Beach, Virginia, on June 27 1995. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held May 1995. Dated: 1995 Clerk, City Council of the City of Virginia Beach :t;- `.~ -~.. ~_t ,-, ... ;~,, 98966.1/GRF:JLS 2 05/18/95 SUi+1~1ARY S1iRE:T czrx o~ vz~.c:~Nrr~ $c:ACH DBVE;LO:pM$t1'~ AUxI'~(:~RZ~'X INDUSx'F._'AL DEt1$i,pPMgtJT R1;VgNNJE; $O1~1Er ~ . ~ Ko,~ ec~~ r~,r~tEr :3. Df`SC:I~:IF'TICIN qF PRC-~' ;'CT; '~ ' A61JUN~T ~~F' BOND ISSUE : 5. f~ . Z()N:CNa;, CI:,ASSIPZC:ATIC)t~ a- pKeac~nt: zoning c:t as,.ia°ication ~aE 'thr~ P r~~pE~ rt,,y ti. I,~ r+~~xcazi~g p~'v~s<~;~E~d~ ~~• ~f sc]~~ i:o what ;: cl.,:~ssif~cation? c~~ti:n9 ~'ic- Lew.at,~Qxfaxd i'r'o~~ct SouthL~~~h~~~~ic~Y~d e~t• 3001. Peflection~ W~ in t:he C~ t~>f. ~ ~ni eac _ ~ a B h VA ~~30•-un:it mul.tii:~-cmi:l.y rental housing ~'?"_~? ject~k..~~,n ' as R~?f Ie~~t~s -----•~..~.:...r _-----~ 26 , 80~~, opa p ~'~-c1E'-wat.er-pxfaz-d ~.i.m ~,yd P~rtnershi a Maw a.,zd l imi~~ art:nexsh~- ,~_._,. • r .- Muat,farniZy ...,._ Ye'a: rda X - .. Nf,A FISCAL IMPACT STATEMENT (TIDEWATER-OXFORD PROJECT) Date: May 5, 1995 T0: THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Tidewater-Oxford Limited Partnership, a Maryland limited partnership TYPE OF FACILITY: A 480-unit multifamily rental housing project known as Reflections, located at 3001 Reflections Way in the City of Virginia Beach, Virginia 1. Maximum amount of financing sought: $26,800.000.00 2. Taxable value of the facility's real property $19 414,580.00_ 3. Real property tax per year using present tax rates $ 221.326.22 4. Personal property tax per year using present tax rates $ 75.05 5. Merchants' capital tax per year using present tax rates $ -0- 6. Estimated dollar value per year of goods and services purchased locally $ 224,000.00 7. Number of regular employees on year-round basis 13 8. Average annual salary per employee $ 28,583.00 The information contained in this Statement is based solely on facts and estimates provided by Tidewater-Oxford Limited Partnership. 99001.1/GRF:JIS 5/9/95 F' rCJECT LOCATION M7~P ~' ~•~ O I 4 H H - 23 - Item IV-J.1. a/blcld. CONSENT AGENDA ITEM # 39408 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinances to AMEND acrd REORDAIN the Code of the City of Yirginia Beach: a, Section 2-78 re applicant background investigations for public employment. b. Appendix D re Stormwater Manag=en:ent. c. Section 27-3 re copies of records, photographs taken by Police and fees for Police Services. d. Section 38-1 re carrying concealed weapons. Young: 10-0 (By Consent) Council Memhers Yoting Aye: John A. Baum, Linwood O. BrarTCh, III, Rohert K Dean, Harold Ileischober-, Barham M. Henley, Louis R. Jones, Mayor Meyers E. Oherndorf, Nancy KParker-, Yice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Memhers Yoting Nay: None Council Memhers Absent: William W. Ilarrison, Jr. June 27, 1995 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTION 2-78 OF THE CODE OF THE CITY 4 OF VIRGINIA BEACH, VIRGINIA 5 PERTAINING TO BACKGROUND 6 INVESTIGATIONS FOR PUBLIC EMPLOYMENT 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 2-78 of the Code of the City of Virginia Beach, 10 Virginia is hereby amended and reordained to read as follows: 11 Sec. 2-78. Background investigations of applicants for ^^O~e 12 r^^~}_~___ public employment. r-~-- 13 14 ~3~~Te~~ges~~ei~~i tai tai e-e~y-wb-i-eh--ell-ewc :, eeP S~--t~ i -fir= =---- 16 ire-~es~i-ede~ee~rs~-de~a~re~t-~e~e3•~e~a~rg-~~eced~^ ~'' ^' ' `~e 17 c,,, , ,-. .,a 18 19 -- -------"ai-~rr~~e~y-31~€ei~a•~e~i-sti'~r~isTtjr n ~ =r~'r-a-ez-a~zTi~3~-~e 2 0 se-~e~r~ge~~i~-t-s--~e-~re ~epe~~e~e-f ire- 21 ~~e-e~e~e~€~e3~-ee-a~d~emb ems e~ t~i~~e~ate-rr~e~ 2 2 }~e3~ee~eg i~r--errs e awe amt-~ia~i-~ed-~e eo~d-t~c~a 23 ~e~~es~g-a~~e~a~rd--~~ee~e~~e ee~~e~-e~ix~ir~~ 24 2 5 }ges rt~e~--ia~^~-~~e~~s-~-reees~-~e~}n.-~ 1 h i story 2 7 -F3-j~l~e-eh~e~e-£~e-i~ee-e•r--a--~remb e~e~ t-k~--depe~~c-~t-e-f 2 8 }9e3 ree a•e~ng errs-beha-~f~ h~-g•~e~~e ~ F ~ ^}„ ~ , 29 30 , 31 s~~ ~,n. d-€e~he~ge~e e-€-~e-~e= _-~-~^ 32 3 3 ~-4~c~~g~e~ra-e~t~~~-sirs-a~r~~eee~-dr~e~ree#s ire-l-~t~ .a ,. ..~ .., , ..}., a,,, ~. 3 4 ~eee~a~-- c,S-aim-~s~693~-~-e~is~9 air-uu~a-s~ 35 , r 37 r r r 3 8 f eke-~ a~--reg~t 1-a-t~ e~--e~~~e-s t- aza-t ^~ --a~t~e g~tel~ 39 a; .. a-; r c ~ a 4 0 :.: ~'r i~ri-r~~-l~r~s~e~y-sec e-r~~-€e ~x } ,. i.. .., , , a.. ~re ~ ~ e~a~ 41 ~ rest-~ awe s i-t~-e~--~a-t-~e~-€~.~e } ~. ^ ~ ~. ; ~ , 4 2 i~-€e r~a~i-epee-t~~t~i~re~e~a~-b~ea }t-e ~ _n•dL^ ct i y wt i c:: , 4 3 t-h~~epa-~t-me~e~ ~e€~ee ; -a~~a-~-o-t~~r~~a'r~t~ t~ 44 - 4 5 ~-6~-~2'iy-&~'~tcaTr~~Ai~E~~6 s3~~-6ii -wTrrE~3---~~ ~6$aT~re~S s ~6 4 6 ~- --------, i.. =,.+-...,... _... ~,.~.._-.. ~- - - _ - =''=_= it deri i r~ri rstnnl nvmnnt 6~! - .[ - - - - - - _- a s 4 7 ~~ei-s--a€-t-~i = i n Toles t-~g a~e~r--seta r~~€e~-red--~e--~H 4 8 t~z~-~i-e~-~a~i ~s~ee-a~-s~r~-€e~ ~ `~ = r ~~^c ^ - _ ^ ~ 4 9 e-pa-r-i €y-i-~re~e~t-p 1-~i r~i-~t~e~~eg~lre-a: _ w~a-cy o f i t s 5 0 ea~r~e~s . 51 {~~Hse-e-€-e~i~ti~~e-~e~-~-reee~d~€e~a~~-e~ee~a~.~re~i~r 5 2 tai re-€e-~re~~e-e-b a=o=e-~~ra~b e-z=.~-~~ed-fie t~i2 53 5 4 ~i-s~e~i~a~ea~~e~ 5 5 COMMENT 5 6 In consideration of significant recommended changes, the foregoing text is deleted and this section is redrafted as set forth 5 7 below. 58 ,~ In order to determine whether, in the interest of public 59 welfare and safety, an applicant for public employment may be 60 disqualified from such employment by reason of a criminal record, 61 the director of human resources or his desicmee shall request from 62 the Virginia Central Criminal Record Exchange a criminal record 63 check of each applicant for city employment, each applicant for 64 employment under contract with any city agency, and each applicant 65 for city volunteer service whose anticipated duties or 66 responsibilities will involve (i) access to public records or to 67 personal information as defined in Code of Virginia Section 2.1- 68 379, (ii) accountability for public funds, (iii) access to city 69 supplies, (iv) entry into secured areas outside of working hours, 70 (v) right of entry onto private property, or (vi) child care or 71 assistance to the elderly or disabled. '7 2 COMMENT 7 3 These amendments (i) transfer responsibility for initiating requests for criminal history checks from the Chief of Police to the 7 4 Director of Human Resources; (ii) expand the scope of this section, to require background checks for all prospective City 7 5 employees who might be disqualified from employment because of past criminal convictions, and (iii) provide that the requests 7 6 for background checks be directed to the Central Criminal Record Exchange, as required by new State Police regulations. 7 7 Subsections (b), (c) and (d), below, are essentially unchanged from existing provisions. 78 ~ Criminal history information considered in accordance 79 with this section shall include outstanding warrants, pending 80 criminal charges and records of conviction. Records of 81 dispositions which occurred while an applicant was considered a 82 juvenile shall not be referenced unless authorized by court order, 83 federal regulation or state statute authorizing such dissemination. 84 ,~_ Any ~plicant who is denied employment or reiected as a 85 volunteer on the basis of an investigation summary obtained in 86 accordance with this section may inspect that summary for the 87 purpose of clarifying, explaining or denying the information 88 therein. 89 ~ The criminal history information provided in accordance 90 with this section shall be used solely to assess eligibility for 91 public employment or service, and shall not be disseminated to any 92 person not involved in the assessment process. 93 Adopted by the City Council of the City of Virginia Beach on 94 this 27th day of June 1995. 95 APPROVED AS TO CONTENTS: 96 97 98 artment of Human Resources 99 ~ 100 Pol e~Department 101 CA-5749 102 DATA/ORDIN/PROPOSED/02-78.COM 103 JUNE 19, 1995 104 R5 APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 3 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTION 27-3 OF THE CODE OF THE CITY 4 OF VIRGINIA BEACH, VIRGINIA, 5 PERTAINING POLICE SERVICES 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 27-3 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Sec. 27-3. Authority of department to furnish copies of 11 records, perform certain services, etc., and fees 12 therefor. 13 (a) The department of police is hereby authorized to furnish 14 photostatic copies of accident reports and offense reports, to 15 release forensic photographs e-€~e~er ~~=~=^'= ^_^-a^~*~^ '^~'•- after - \ -"-l 16 all criminal charges are resolved and 17 when such release is provided by law, to make record checks and 18 reports (local record only), to take fingerprints of individuals on 19 request and to allow offense reports to be viewed by proper 20 persons. 21 (b) For the services mentioned in subsection (a) above, and 22 for the processing of applications for permits required by law, the 23 following fees shall be charged: 24 (1) Photostatic copy of accident report $10.00 25 (2) Photostatic copy of offense report 10.00 26 (3) Copy of booking (mug-shot) photograph 2.00 27 (4) Record check and report by name (local) 15.00 28 (5) Fingerprinting of individuals on request 3-9-68 5.00 29 (6) Pulling offense report to review only 5.00 3 0 ( 7 ) Forensic photographs A~- ( 5 X 7 ) , F ~^ °v-r-Zttv } eh-i-e-l~e cv~P 31 , 32 each print 10.00 33 (8) Process bingo permit application 100.00 34 (9) Process raffle permit application 50.00 35 (10) Dance hall permit application 50.00 36 (11) Turkey shoot permit application 50.00 37 (12) Certificate for public convenience and 38 necessity 50.00 39 (13) Precious metals permit ~ -:$D 200.00 40 (14) Vendor permit 25.00 41 (15) Concealed weapon permit ~-A-~6 35.00 42 (16) Weapons purchase permit 10.00 43 Adopted by the City Council of the City of Virginia Beach on 44 this 27th day of June 1995. 45 CA-5990 46 DATA/ORDIN/PROPOSED/27-3.ORD 47 JUNE 8, 1995 48 R3 APPROVED AS TO CONTENT ~' /~ ~~ ,~ ,~. Department of Police APPROVED AS TO LEGAL SUFFICIENCY Department of w 2 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTION 38-1 OF THE CODE OF THE CITY 4 OF VIRGINIA BEACH, VIRGINIA, 5 PERTAINING TO CARRYING CONCEALED 6 WEAPONS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 38-1 of the Code of the City of Virginia Beach, 10 Virginia, is hereby amended and reordained to read as follows: 11 sec. 38-1. Carrying concealed weapons. 12 (a) If any person carries about his person, hidden from common 13 observation, (i) any pistol, revolver, or other weapon designed or 14 intended to propel a missile of any kind, or (ii) dirk, bowie 15 knife, switchblade knife, ballistic knife, razor, slingshot, 16 slingshot, spring stick, metal knucks, blackjack, or (iii) any 17 flailing instrument consisting of two (2) or more rigid parts 18 connected in such a manner as to allow them to swing freely, which 19 instrument may also be known as a nunchuck, nunchanka, nunchalcu, 20 shuriken or fighting chains or (iv) any disc, of whatever 21 configuration, having at least two (2) points or pointed blades 22 which is designed to be thrown or propelled and which may be known 23 as a throwing star or oriental dart, or (v) any weapon of like kind 24 as those enumerated in this section, he shall be guilty of a Class 25 1 misdemeanor, and such weapon shall be forfeited to the city and 26 may be seized by an officer as forfeited, and such as may be needed 27 for police officers and conservators of the peace shall be devoted 28 to that purpose, and the remainder shall be destroyed by the 29 officer having them in charge. For the purposes of this section, a 30 weapon shall be deemed to be hidden from common observation when it 31 is observable but is of such deceptive appearance as to disguise 32 the weapon's true nature. 33 (b) This section shall not apply to any person carrying a 34 concealed weapon in accord with permission granted by a circuit 35 court pursuant to section 18.2-308 of the Code of Virginia. 36 (c) This section shall not apply to: 37 (1) Any person while in his own place of abode or curtilage 38 thereof; 39 (2) Any police officer, sergeant, sheriff, deputy sheriff, 40 regular game warden or animal control officer; 41 (3) Any regularly enrolled member of a target shooting 42 organization who is at, or going to or from, an 43 established shooting range, provided that the weapons are 44 unloaded and securely wrapped while being transported; 45 (4) Any regularly enrolled member of a weapons collecting 46 organization who is at, or going to or from, a bona fide 47 weapons exhibition, provided that the weapons are 48 unloaded and securely wrapped while being transported; 49 (5) Any person carrying such weapons between his place of 50 abode and a place of purchase or repair, provided the 51 weapons are unloaded and securely wrapped while being 52 transported; 53 (6) Campus police officers appointed pursuant to section 23- 54 232 et seq. of the Code of Virginia; 55 (7) Any person actually engaged in lawful hunting, as 56 authorized by the board of game and inland fisheries, 57 under inclement weather conditions.- necessitating 58 temporary protection of his weapon from these conditions; 59 and 60 ~ Retired state police officers certified by the 61 Superintendent of State Police pursuant to section 18.2- 62 308 of the Code of Virginia. 63 (d) This section shall not apply to any of the following 64 individuals while in the discharge of their official duties or 65 while in transit to or from such duties: 66 (1) Carriers of the United States mail in rural districts; 67 (2) Officers or guards of any state correctional institution; 68 -F4-} ~3Z Conservators of the peace, except that the following 69 conservators of the peace shall not be permitted to carry 70 a concealed weapon unless a permit is obtained pursuant 71 to section 18.2-308 of the Code of Virginia: 72 a. Notaries public; 73 b. Registrars; 2 -24- Item IV-J.2. a. ORDINANCES ITEM # 39409 Upon motion by Councilman Branch, seconded by Yce Mayor Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Ordinance No. 93-2204A re funding a "Holidays at the Beach " Light program. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 93-2204A PERTAINING TO THE TOURISM GROWTH AND INVESTMENT SPECIAL REVENUE FUND TO ALLOW FOR FUNDING A HOLIDAYS AT THE BEACH LIGHT PROGRAM 1 WHEREAS, on February 2, 1993, City Council adopted Ordinance No. 93-2204A which, among 2 other things, established the Tourism Growth and Investment Special Revenue Fund (TGIF); 3 WHEREAS, subsequent amendments were made on May 25, 1993, November 23, 1993 and May 4 9, 1995 which added projects to the list of capital projects authorized thereunder; 5 WHEREAS, City Council desires to authorize the use of TGIF funds for major entertainment 6 events, in this case, a Holidays at the Beach light program. 7 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, 8 VIRGINIA: 9 1. That Ordinance No. 93-2204A, as amended on May 25, 1993, November 23, 1993, and May 10 9, 1995 is hereby amended and reordained by adding the authority to use TGIF funds for major 11 entertainment events, in this case, a Holidays at the Beach light program. 12 2. That this Ordinance shall become effective on the date of its adoption. 13 Adopted by the City Council of the City of Virginia Beach, Virginia on the 27 day of 14 June ,1995. APPROVED AS TO LEGAL SU~F6~BE~~DY _______ Approved as to Content 1 Dep t of Convention and Visitor evelopment C R W -D:\0696\H o l i d ay.l it -25- Item IV-J. 2. b. ORDINANCES ITEM # 39410 Upon motion by Councilman Branch, seconded by Yce Mayor Sessoms, City Council ADOPTED, AS AMENDED*: Ordinance to APPROPRL4TE $750,000 from TGIF fund balance to the Department of Convention and Ysitor Development's FY 1995-1996 Events Budget re City using its General Entertainment and Major Events Program Agreement with Cellar Door Productions to purchase and operate a "Holiday Light Display " as a major resort area event during the Wtnter tourist season; anc~ any excess revenues or shortages generated and defined as total revenues less the total cost of operating the event, be returned to TGIF. *(Amend Ordinance Line 12: "Whereas the cost of the display is estimated to be $750,000". And, the first $50,000 of sponsorships would not be subject to administrative percentile). Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K Dean and Nancy K Parker Council Members Absent: William W. Harrison, Jr. June 27, 1995 1 AN ORDINANCE TO AMEND AND REORDAIN 2 APPENDIX D OF THE CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, PERTAINING TO STORMWATER 4 MANAGEMENT 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That Appendix D of the Code of the City of Virginia Beach, 8 Virginia, is hereby amended and reordained to read as follows: 9 Sec. 1. Title. 10 This ordinance is adopted pursuant to Article 1.1 Chapter 11 6, Title 10.1. Section 10.1-603.1 et seq. of the Code of Virginia 12 as amended, and shall be known as the "Stormwater Management 13 Ordinance." 14 15 Sec. 3. Objectives. 16 In order to protect, maintain, and enhance both the 17 immediate and the long-term health, safety and general welfare of 18 the citizens of the City of Virginia Beach, this ordinance has 19 the following objectives: 20 (a) To encourage productive and enjoyable harmony between 21 development interests and the natural resources of the 22 city; 23 (b) To protect, restore and maintain the chemical, physical 24 and biological integrity of city waters; 25 (c) To prevent activities which harm the city by adversely 26 affecting water resources; 27 (d) To encourage the construction of drainage systems which 28 maintain or functionally approximate existing natural 29 systems; 30 (e) To encourage the protection of natural drainageways and 31 the use of them in ways which do not impair their 32 beneficial functioning; 33 (f) To encourage the use of drainage systems which minimize 34 the consumption of electrical energy or petroleum fuels 35 to move water, remove pollutants or maintain the 36 systems; 37 (g) To minimize the transport of pollutants to city waters; 38 (h) To maintain or restore groundwater levels; 1 39 40 41 42 43 44 45 46 47 48 49 50 (i) To protect, maintain or restore natural salinity levels in estuarine areas; (j) To minimize erosion and sedimentation; (k) To prevent damage to wetlands; (1) To prevent damage from flooding, while recognizing that natural fluctuations in water levels are beneficial; (m) To protect, restore and maintain fish and wildlife habitat in the watersheds of the city; a~ (n) To ensure that attainment of these objectives by requiring the approval and implementation of stormwater management plans for all activities which may have an adverse impact upon city waters- 51 ~ To provide appropriate access, for the purposes of 52 future inspection and maintenance of stormwater 53 management facilities constructed under the 54 requirements of this ordinance.- and 55 SQL To provide for the long-term responsibility for and 56 maintenance of stormwater management facilities and 57 other techniques specified to manage the quality and 58 quantity of runoff. 59 Sec. 4. Definitions. 60 Unless specifically defined below, words or phrases shall be 61 interpreted so as to give them the meaning they have in common 62 usage and to give this ordinance its most effective application. 63 Words used in the singular shall include the plural, and the 64 plural the singular; words used in the present tense shall 65 include the future tense. The word "shall" connotes mandatory and 66 not discretionary; the word "may" is permissive. 67 fa} Adverse impacts are any modifications, alterations or 68 effects on a feature or characteristic of community 69 waters or wetlands, including their quality, quantity, 70 hydrodynamics, surface area, species composition, 71 living resources, aesthetics or usefulness for human or 72 natural uses which are or may potentially be harmful or 73 injurious to human health, welfare, safety or property, 2 74 to biological productivity, diversity or stability or 75 which unreasonably interfere with the enjoyment of life 76 or property, including outdoor recreation. The term 77 includes secondary and cumulative as well as direct 78 impacts. 79 Applicant means any person submitting a stormwater 80 management plan for approval. 81 Channel means a natural or manmade stream. 82 {~} Clearing means the removal of trees and brush from the 83 land but shall not include the ordinary mowing of 84 grass. 85 -~e-~---~(s~ei4~i-6~~ic~rci-~-~A--zim^_. ,~,, 1~,n}, ,.,a ~t~,ruy~. ;f 86 ~~a-~a-~e-6a-az.. per ,~.~ „} ..,a,.uz di,.,.w..r7.. 87 Department means the department of planning. 88 {~} Developer means any person who engages in land 89 development either as the owner or as the agent of an 90 owner of property. 91 9 2 f~ -T~i~ee~s-t r-tt~i-ez~i~rs-t-a- 1-~a~re ^ , ~ , '' ^' ^ ~ *' ; " , 9 3 aem•e-1-iii-e-~-e~-~e~e~o~-e=-a-s~e~tt~e , 9 4 ~~a-ee e , 95 , , vi. u vi ~, 97 , / / / / 9 8 / / / / / 9 9 d-~e~-i-~-e~~t-k~~a~e ~ , r,- ~. a , ,. +. ~. ; ~ th c c..ur,., iaay 1 0 0 Sv , l , , "a "uiT~e~-a~rc~ 101 ff~---~r-ai:-n-ale-paw-i-r~~ea-nv ~~'^ ~r ~..ura-cltc~ca 10 2 eempenen-~e-f t~ e-d•~a-~a-g ems- l 103 Director means the director of the de partment of 104 planning or his desi nc~ ee• 105 {~} Drainage system is the system through which water flows 106 from the land. I~-nT~ad~c~ Drainage s ystems include, 107 but are not limited to, all channels, stormwater 108 management facilities •~~-~~~~~••M~~~, water bodies and 3 109 110 111 112 113 114 115 116 117 118 119 120 121 122 wetlands. {#} Erosion is the wearing or washing away of soil by the action of wind or water. -{~} ~1~~-~-tee ~a~~~i~-~-ewe=oi Flooding means a volume of water that is too great to be confined within the banks or walls of the stream, water body or drainage system and that overflows onto adjacent landsl causing or threatening damage. Floodplain means those areas adjoining a river, stream, channel, ocean, bay or lake which are likely to be covered by flooding. ~~- Impervious surface means a surface which has been 123 compacted or covered with a layer of material so that 124 it is highly resistant to infiltration by water. It 125 includes semi-impervious surfaces such as compacted 126 clay, as well as most conventionally surfaced streets, 127 roofs, sidewalks, parking lots, and other similar 128 structures. 129 Infiltration facility or infiltration trench means a 130 stormwater management facility which temporarily 131 impounds runoff and discharges it via infiltration 132 through the surrounding soil. While an infiltration 133 facility may also be equipped with an outlet structure 134 to discharge impounded runoff, such discharge is 135 normally reserved for overflow and other emergency 136 conditions. Since an infiltration facility impounds 137 runoff only temporarily, it is normally dry during non- 138 rainfall periods. 139 Land development, development activity, or land 140 development pry ect means a manmade change to the land 141 surface that potentially changes its runoff 142 characteristics. 143 Linear development project means a land development 4 144 project that is linear in nature such as, but not 145 limited to, (i) the construction of electric and 146 telephone utility lines; iii) construction of tracts, 147 ricihts-of w ~ bridges communication facilities and 148 other related structures of a railroad company: and 149 Siii) highway construction projects. 15 0 ~}- ~iurraui-v~~~64xuc~~e~ +' r, a- ' ,. ~ ,,,,. ~- ,. ~ ti. ,. 151 g~d-m-rEe ; sFee~€z-cu~~-re-R~-a~r,a +...,.H ~ ~, .. a ,. , , i., iR ziiu uc, 152 153 154 155 -{-~} Natural systems means systems which predominantly 156 consist of or use those communities of plants, animals, 157 bacteria and other flora and fauna which occur 158 indigenously on the land, in the soil, or in the water. 159 {~} Owner is the person in whom is vested the fee 160 ownership, dominion or title of property, i.e., the 161 proprietor. This term may also include a tenant, if 162 chargeable under his lease for the maintenance of the 163 property, and any agent of the owner or tenant 164 including a developer. 165 -(-n-}- Person means any and all persons, natural or artificial 166 and includes any individual, firm, corporation, 167 government agency, business trust, estate, trust, 168 partnership, association, two (2) or more persons 169 having a joint or common interest or any other legal 170 entity. 171 ~ 172 17 3 e~re~--era-~~ 174 175 Postdevelopment conditions are those conditions that 176 reasonably may be expected or anticipated to exist 177 after completion of the development activity on a 178 specific site or tract of land. 5 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 {a} Predevelopment conditions are those conditions which existed before alteration, resulting from human activity, of the natural topography, vegetation and rate, volume or direction of surface or ground water flow, as indicated by the best available historical data. r-ccrr6-rr~ ~h-6 ~ t., ,.. ~ a ; ,, t., ., {- v .~ ~. ~ f .. .. ~ ,, r S Receiving bodies of water shall mean any water bodies, channels or wetlands into which surface waters flow, in manmade or natural closed or open ditches or conduit systems. Runoff or stormwater runoff means that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways. -{~- Sediment is fine particulate material, whether mineral or organic, that is in suspension or has settled in a waterbody. {~} Site means any tract, lot or parcel of land or combination of tracts, lots or parcels of land which are in one (1) ownership or are contiguous and in diverse ownership where land development is to be performed as part of a unit, subdivision or project. stormwater detention basin or detention basin means a stormwater management facility which temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream drainage system. Since a detention basin impounds runoff only temporarily, it is normally dry during non-rainfall periods. stormwater manacLement facility means a device that controls stormwater runoff and changes the 6 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 characteristics of that runoff includings but not limited to the quantity and quality, the period of release or the velocity of flow For purposes of this ordinance, the term also includes retention basins and detention basins which are no more than fifteen (15) feet deep, as measured from normal (dry weather) water level to the lowest level of excavation The term specifically excludes borrow pits as defined in the City Zoning Ordinance (Appendix A) Stormwater management plan refers to the detailed analysis and documentation required by section 6 for development activity described in section 5 of this ordinance. Stormwater retention basin or retention basin means a stormwater management facility which similar to a detention basin, temporarily impounds runoff and discharges its outflow through a hydraulic outlet structure to a downstream drainage system. Unlike a detention basin however a retention basin also includes a permanent impoundment and, therefore, is normally wet, even during non-rainfall periods. -~-}- Structure means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner but shall not include fences or signs. {~}- Subdivide means to divide the ownership of a parcel of land, whether improved or unimproved, into two (2) or more contiguous lots or parcels of land in accordance with the provisions of the subdivision regulations. {~} Vegetation means all plant growth, especially trees, shrubs, vines, ferns, mosses and grasses. {~-} Waters or community of waters means any and all water on or beneath the surface of the ground. It includes the water in any ~_•..~,.....,.,.••r,.,, channel, water body or 7 494 consent of the director Such minor changes shall be documented 495 and shall be coordinated with the department. 496 Sec. 7. Procedures and fees. 497 (a) Any person planning a development activity, as defined 498 in this ordinance, unless exempted, shall submit a stormwater 499 management plan together with a 500 request for a variance, if applicable, to the 501 director. sl vTr-vrc~c 5 0 2 ( b ) ;ri t-~i ice---den--F-1-A-)--wo-~k i-~tg--~a~ a#~ ,'~M ~ ~r }'' " 5 0 3 e~e~-~e~ed~~o~e~--a-gp-~-i-ea~ i-en; t-ht-~i~e-ng i-n•ee~~~i-~-i~~~~ : ~'~ }'~ i 5 0 4 upgi-s-czra-r~crr"~cire-i ~az'otei~-~a=a-n~"' cc f~-d-~~6~oL2 ~-6~' a ,-.., ~ ,. a .., a . ,t., ,. ~. t~. ,. 505 506 Reauests for a variance shall be reviewed concurrently with the 507 submitted stormwater management plan pursuant to the procedures 508 set forth in subsection (d) herein. 509 (c) A processing fee will be collected at the time the 510 stormwater management plan is 511 submitted and will reflect the cost of administration and 512 management of the review process. The city council shall 513 establish, by resolution, a prorated fee schedule based upon the 514 relative complexity of the project. The fee schedule may be 515 amended from time to time by the city council by resolution. 516 Notice of such resolution shall be published no less than fifteen 517 518 519 (15) days prior to adoption. (d) A maximum of thirty (30 of a stormwater management flan ) calendar days from the receipt shall be allowed for preliminary 520 review of the plan for completeness During this period, the 521 director will either accept the plan for review which will begin 522 the sixth (60)-day review period or reiect the plan for 523 incompleteness and inform the ap plicant in writing of the 524 information necessary to complete the plan. The sixty (60)-day 525 526 review period begins on the day management plan is accepted for the complete stormwater review. At this time, the 527 director will send an acknowledg ement letter to the applicant. 528 During the sixty ( 60)-day review period, ;r~t~z~-s~~~=-moo) 15 5 2 9 ~~e~ }c-~g de,¢s--a-€-~e~s si~~-e~€-t-he--eemp ~e-~~ a ~ } ~ y-~. „'~ 530 the director shall approve, 531 with or without specified conditions or modifications, or reject 532 the plan and shall notify the applicant accordingly in writing. 533 If the director has not rendered a decision within 534 the sixty 535 (60)-day review period, the plan shall be deemed approved and the 536 applicant shall be authorized to proceed with the proposed 537 activity. If the plan is rejected or modified, the ?-?tj~ c~~,-~cc~~ 538 director shall specify the reasons for rejection or such 539 modifications, terms and conditions as will allow plan approval. 540 However, it is not the responsibility of the e-i-~j• _n;-n_== 541 director to design an acceptable project. 542 (e) The stormwater management plan shall not be approved 543 unless it clearly indicates that the proposed development 544 activity will meet the performance standards described in section 545 8 of this ordinance and the design standards described in section 546 9 of this ordinance, except where a variance has been granted 547 pursuant to section 5, subsection {~}- ~c) of this ordinance, or 548 where an off-site d~ a~-nee stormwater management facility is 549 approved pursuant to section 10 of this ordinance. Such plan 550 shall also be in accordance with the specifications outlined in 551 the manual of stormwater management practices described in 552 section 11 of this ordinance, the state regulations and the 553 stormwater Management Act, Title 10.1, Section 10.1-603.1 et. 554 seq. of the Code of Virginia, as amended. 555 (f) Inspections. No stormwater management plan may be 556 approved without adequate provision for inspection of the 557 property ~e-€e~e-~e=o*~e-1-ep~e~t _c}=__'.j• ___.._..____-_. The director 558 shall, when deemed necessary, arrange with the applicant for 559 scheduling an initial inspection prior to approval of the 560 stormwater mana gement plan. The submission of a stormwater 561 management plan shall constitute authorization for an on-site 562 inspection by the director. After a pproval of the stormwater 563 management plan, the applicant shall arrange with the e~ 16 564 eT director for scheduling the following inspections: 565 "~ .."" 566 ~ 567 568 ~ 569 -F3} ~ Erosion control inspection: As necessary to 570 ensure effective control of erosion and 571 sedimentation; arm 572 X21 Bury inspection• Prior to burial of anv 573 underground drainage structure; 574 {~-} ._(~ Finish inspection: When all work including 575 installation of all ~atJ-e stormwater management 576 facilities has been completed. 577 The director shall inspect the work and shall 578 either approve it or notify the applicant in writing in what 579 respects there has been a failure to comply with the requirements 580 of the approved stormwater management plan. Any portion of the 581 work which does not comply shall be promptly corrected by the 582 applicant or the applicant will be subject to the penalty 583 provisions of section 13. 584 S,g~_ Bonds Unless otherwise not required by the director 585 pursuant to section 5(c) of this ordinance prior to the approval 586 of any stormwater management plan the director shall require 587 from the applicant therefor a reasonable performance bond,_cash 588 escrow, letter of credit or other legal surety, or anv 589 combination thereof acceptable to the city attorney. to ensure 590 that measures may be taken by the city, at the applicant's 591 expense, should he fail, after proper notice, within the time 592 specified to carry out his land development activity in 593 accordance with the requirements of this ordinance. Except as 594 otherwise provided "within sixty X60) days of the completion of 595 the requirements of the approved stormwater management plan, such 596 bond cash escrow letter of credit or other legal surety, or the 597 unexpended or unobligated portion thereof, shall be refunded to 598 the applicant or terminated, as the case may be. Where a 17 599 stormwater management plan for a subdivision includes the 600 construction of stormwater management facilities which may be 601 affected by erosion and sedimentation from future development 602 activities, all or portions of the bond, cash escrow, letter of 603 credit or other legal surety may be withheld until the completion 604 of such development activity. These requirements are in addition 605 to all other provisions of law relating to the approval of such 606 plans and are not intended to otherwise affect the requirements 607 for such plans. 608 {-~j- ~h1 Appeals. Any applicant or person aggrieved by a 609 determination or decision of the director rh= c=t_=n of any 610 e€~~e-i-a~-eli-a~g a d-w-rt-h~~e-e~r€e ree~tre~-e~ pursuant t o th i s 611 ordinance, 612 , 613 e~€-Lei-awe-p~e~e~-en-€epee-~e-e~d%~ra~ee-i~~eg~r~~e--a 614 shall have the right to appeal t#e such 615 determination or decision ..,-~~T to the circuit 616 court e-€-~ee~rd of the City of Virginia Beach. The petition for 617 appeal shall be filed in writing within thirty (30) days of the 618 date o~e€~~i-e-i-a~~i~a~m-r~t-a~ o f the ~ra~ d e c i s i o n~ e~ 619 determination or action to the` app?-?~an~, shall state clearly the 620 grounds on which the appeal is based, and shall be reviewed in 621 accordance with the provisions of the Administrative Process Act 622 (Section 9-6.14:1 et seq. of the Code of Virginia). 623 Sec. 8. Performance standards. 624 stormwater management plans must demonstrate that the 625 proposed development e~ activity has been planned and designed 626 and will be constructed and maintained to meet each of the 627 following standards: 628 (a) Ensure that after land development, runoff from the 629 site approximates the rate of flow and timing of runoff that 630 would have occurred following the same rainfall under existing 631 conditions and, to the extent practicable, predevelopment 632 conditions, unless runoff is discharged into an off-site «i~~~e 633 stormwater management facility as provided in section 10; 18 634 (b) Incorporate those measures which shall ensure 635 compliance with the following design storm event criteria: 636 637 638 639 ~~^~~e Drainage Area Design Storm Eventj24 Hour Duration or Critical Duration Less than 300 acres 2 and 10-year storm 300 to 500 acres 25-year storm Greater than 500 acres 50-year storm 640 (c) Maintain the natural hydrodynamic characteristics of 641 the watershed; 642 (d) Protect or restore the quality of ground and surface 643 waters; 644 (e) Ensure that erosion during and after development is 645 minimized; 646 (f) Protect groundwater levels; 647 (g) Protect the beneficial functioning of wetlands as areas 648 for the natural storage of surface waters and the chemical 649 reduction and assimilation of pollutants; 650 (h) Prevent increased flooding and damage that results from 651 improper location, construction and design of structures in areas 652 which are presently subject to an unacceptable danger of 653 flooding; 654 (i) Prevent or reverse salt water intrusion; 655 (j) Protect the natural fluctuating levels of salinity in 656 estuarine areas; 657 (k) Minimize injury to flora and fauna and adverse impacts 658 to fish and wildlife habitat; and 659 (1) Otherwise further t he objectives of this ordinance. 660 Sec. 9. Design criteria. 661 To ensure attainment of the objectives of this ordinance and 19 662 to ensure that performance standards will be met, the design, 663 construction and maintenance of drainage systems shall be in 664 accordance with the specifications outlined in the manual of 665 stormwater management practices described in section 11 and shall 666 meet the following design criteria: 667 (a) Channeling runoff directly into water bodies shall be 668 prohibited. Instead, runoff shall be routed through systems 669 designed to increase time of concentration, decrease velocity, 670 increase infiltration, allow suspended solids to settle and 671 remove pollutants. 672 (b) Natural '~''^M^^"~'^^^ channels shall not be dredged, 673 cleared of vegetation, deepened, widened, straightened, 674 stabilized or otherwise altered. Water shall be retained or 675 detained before it enters any natural •~''^~'^^"~'^" channel in 676 order to preserve the natural hydrodynamics of the •^*~^~'^^"'~^^ 677 channel and to prevent siltation or other pollution. 678 (c) Streambank erosion control shall be designed so as to 679 meet or exceed the minimum state stormwater management criteria, 680 which requires runoff be discharged into a channel which can 681 convey runoff from a two-year storm event without flooding or 682 erosion. 683 (d) The area of land disturbed by land development shall be 684 as small as practicable. Those areas which are not to be 685 disturbed shall be protected by an adequate barrier from 686 construction activity. Whenever possible, all natural vegetation 687 on the site of the development activity shall be retained and 688 protected }'.- ~'-"^'-°""'^"t ~itc• - L -- - 689 (e) No grading, cutting or filling shall be commenced until 690 erosion and sedimentation control measures have been installed 691 between the disturbed area and water bodies, ~' ~--.- 692 channels and wetlands. Such measures shall be installed in 693 conformance with an approved plan filed in accordance with the 6 9 4 provisions o f }~h-~~=e~i-e-r+-a-~rd--~ed~tt~~~ ~o~ u : _ `' } """' 695 Article 3 of Chapter 30 of the Code of the 696 City of Virginia Beach (City Code Sections 30-56 through 30-78). 20 697 (f) Land which has been cleared for land development and 698 upon which construction has not commenced shall be protected from 699 erosion by appropriate techniques designed to revegetate the 700 area. 701 (g) Sediment shall be retained on the site of the 702 development activity. 703 (h) Wetlands and other water bodies shall not be used as 704 sediment traps during land development. 705 (i) Erosion and sedimentation `~^~'~}~^^ measures shall 706 receive regular maintenance to ensure that they continue to 707 function properly. 708 (j) Artificial °•~}^•~^^••~^^^ channels shall be designed with 709 consideration given to soil type(s), so that the ~•c_=c'-'. j• cf flow 710 rate is low enough to prevent erosion. 711 (k) Vegetated filter strips shall be created or, where 712 practicable, retained in their natural state along the banks of 713 all ••~}^~'^^••~-^^^ channels, water bodies or wetlands. The width of 714 the filter shall be sufficient to prevent erosion, trap the 715 sediment in overland runoff, provide access to the water body and 716 allow for periodic flooding without damage to structures. 717 (1) Intermittent ••~~-^~'^^••~~^^^ channels should be vegetated. 718 (m) Detention and retention perms basins shall be used to 719 detains a~ retain or infiltrate the increased and accelerated 720 runoff which the land development generates. Water shall be 721 released from detention s and retention basins into 722 ••~}^r^^••~'^^^ channels or wetlands at a rate and in a manner 723 approximating the natural flow which would have occurred before 724 land development. 725 (n) Although the use of wetlands for storing and purifying 726 water is encouraged, care must be taken not to overload their 727 capacity, thereby harming the wetlands and transitional 728 vegetation. Wetlands should not be damaged by the construction 729 of detention, or retention a basins. 730 (o) Runoff from parking lots shall be treated to remove 731 oil, grease and sediment before it enters receiving waters. 21 732 (p) Detention and retention a~e~as basins shall be designed 733 so that shorelines are winding rather than straight and so that 734 the length of shoreline is maximized, thus offering more space 735 for the growth of littoral vegetation. 736 (q) The banks of detention and retention a~e~s basins shall 737 slope at a gentle grade into the water as a safeguard against 738 drowning, personal injury or other accidents, to encourage the 739 growth of vegetation and to allow the alternate flooding and 740 exposure of areas along the shore as water levels periodically 741 rise and fall. 742 (r) The use of the natural drainage system and vegetated 743 buffer zones as open space and conservation areas shall be 744 encouraged. 745 ~sl Detention and retention basins shall be reasonably 746 sized according to the drainage area based on calculations 747 submitted to the director. 748 ~tl Except as otherwise provided herein, the edge of any 749 excavation or the top of bank for any detention or retention 750 basin shall be located in accordance with the following minimum 751 setbacks• 7 5 2 Tvne of Storntwater 1?xistin ~ I'ronosed F,xistin I'rnnosed 7 5 3 Manaeetnent F.uility Right of Wav Right of Way Proaerty Line Proaerty Line 754 Retention Basin 7 5 5 (no fencink or kuar<I 7 5 6 rail ''S' ~5' 'S' 0' 7 57 Retention basin (if '758 fcncin~ and/or ~~uard rail 7 5 9 are used 10' 10' 10' 10' 7 6 0 Detention basin 7 6 1 (~reaterthan 6" but 7 6 2 less than 18" deer) 5' S' S' ~ 7 6 3 Detention basin 7 6 4 Greater than 18" but 7 6 5 less than 36") 1 ~' 1 ~' I ~' ~ 7 6 6 Detention basin 767 greater than 36" but 768 less than 60") 15' 15' IS' ~' 769 Infiltration trenches 0' ~' ~' ~ 7 7 0 Retention basin (linear '7'7 1 development) 10' 10' 10' N/A 772 Detention basin (linear 7 7 3 development) 10' 10' 10' N!A 22 774 All setbacks shall be measured from the nearest property line to 775 the edge of excavation or the top of bank, whichever is less. 776 Sec. 10. Off-site die stormwater management facilities. 777 (a) The ^.}l• ^^;.~~~~- director may allow stormwater runoff 778 that is otherwise of unacceptable quality or which would be 779 discharged i~-~-ernes e~ at rates in excess of those otherwise 780 allowed by this ordinance, to be discharged into ~-e~e~e 781 stormwater management facilities off the site of the development 782 activity only if each of the following conditions is met: 783 ~, ~ T} ..ems ..}; ..~.,,. ~ ,,.}.., ..,..~ ..~~ c..~L~ auuaa~g~ ~c1 L VL w. 7 8 4 ere-~~e--~--a--~a-~~~.. } „+-,. ~ ~... .. F_..~. 785 ~ 786 -{~-} X11 The off-site ~ati~e stormwater management 787 facilities and channels leading to them are 788 designed, constructed and maintained in accordance 789 with the requirements of this ordinance; 790 -(3~- ~. Adequate. provision is made for the sharing of 791 acquisition, construction, maintenance and 792 operating costs of the facilities. The developer 793 may be required to pay all or a portion of ~e 7 9 4 such costs ~e~ ee-~r~t ~tt~r~~-~-r~~ ~1 795 condition to receiving approval of the stormwater 796 management plan; and 797 -{-4-} ~ Adverse environmental impacts on the site of land 798 development will be minimized. 799 (b) A request to use off-site ? stormwater 800 management facilities and all information related to the proposed 801 off-site facilities should be made a part of a submitted 802 stormwater management plan. Guidelines for the consideration of 803 an off-site facility use •~ " '~~ a~~' ~"`' are outlined in the 804 manual of stormwater management practices described in section it 805 of this ordinance. 806 Sec. 11. Manual of stormwater management practices. 807 (a) The 808 ee::.r='_e a manual of stormwater management practices compiled by 23 809 the department of p ublic works as mart of the Public Works 810 Specifications and Standards Manual including all future 811 amendments thereto is hereby adopted and incor porated by 812 reference into this ordinance. 813 ~ 814 815 816 The manual is 817 available to the public at the offices of the departments of 818 planning and public works. 819 (b) The manual of stormwater management practices s~a~-~ 820 includes guidance in the selection of environmentally sound 821 stormwater management.practices and facilities ands 822 specifications for the preparation of stormwater management 823 plans.- including ,~4acceptable techniques for obtaining, 824 calculating and presenting the information required in the 825 stormwater management plans ~'~" ~^ ~'^^^'~' `""' R'Qj'r'~~1TG " JC i Gr V 8 2 6 -E-e-}- T~1 e--i~a~l-l~-crime ca-'r ~-i rye-l-tt~C-g-a~-,a .... ^ ~ ~ ~ , .. „ ~ ; .. F ~.~.. ~~ 8 2 7 era-~e~re~_ _a~-~--~e~rd-B~Ps-€e '' ` '' '' .~~ 828 8 2 9 s-~'~; a-~e~e~ ed~-d-~~a-~~e~e;ore-l-ep~r~ y "'' .. ~ 8 3 0 ~ ,, ,a n nR n L, , .. i, i ti, -. ~,,, ~ ~ , +- 11G j R 831 832 -(-~- ~_ The manual s~l-1 also includes minimum 833 specifications for the constructions operation and maintenance of 834 d-~-i-~ta~-e stormwater management facilities. ^^~^}~"'^'" ^" 8 3 5 ~~~e~~a~e~rs-s~ra~-b e-es~3~slre ' a ~ ~''' "} 836 8 3 7 -~e~- i -e-d•ep`ae-t3-~ s--e ` , .. ., g-a-rta--p=ap'~- ,~,. ^ ^ ~, .. , , 8 3 8 s~~i~Y~tta~-a-~ "~;;u~. 840 Sec. 12. Maintenance. 841 (a) Drainage and other appropriate easements shall be 842 dedicated to the City of Virginia Beach where they are determined 843 by the director to be appropriately a part of the local 24 844 stormwater management system or are unlikely to be adequately 845 maintained by the developer or owner of the property. 846 (b) T#e For systems maintained by the developer or owner 847 ~~~~aso~e a maintenance agreement and adequate 848 easements~satisfactory_to the city attorney, shall be recorded in 849 the Office of the Clerk of the Circuit Court of the Citv of 850 Virginia Beach to permit the department of public 851 works to -~T~t perform maintenance inspections of the drainaae 852 system as required under section (c) herein and, if necessary, to 853 take such corrective action should the developer) e~ owner or 854 person(s) responsible for maintaining the drainaae system fail to 855 properly maintain t#e such system or the system becomes a dancer 856 to the public health or safety. The developer owner or 857 responsible person(s) shall be given notice of an inspection and 858 an opportunity to be present at the inspection. Before taking 859 corrective action, the department of public works 860 shall give written notice of the nature of the existing defects 861 by registered or certified mail, postage prepaid, return receipt 862 requested to the developer) e~ owner or person(s) responsible for 863 maintaining the system at #~s their last known address. If the 864 developer e~ owner or responsible person(s) fails within thirty 865 (30) days from the date of notice to commence corrective action 866 or to appeal the matter to the circuit court a€ 867 ~~, the department of public works may take 868 necessary corrective action, the cost of which shall ~ee~eme--a 869 ~.~,~-e.i~iire-~e~ Y}~= •ntil p~~a be billed to the developer, 870 owner or responsible person(s) and shall be collected in any 871 manner provided by law. g72 ~c~ Maintenance inspections shall be performed by the 873 department of public works on a semi-annual basis and after any 874 storm event which causes the capacity of the stormwater 875 management facilities to be exceeded. 876 {-e-} ~ Drainaae systems shall be maintained in accordance 877 with the ~fminimum maintenance requirements and procedures e~-a~~ 878 ~e outlined in the manual of stormwater management practices 25 879 described in section 11. 880 Sec. 13. Violations and Enforcement 881 (a) te Injunction. Any violation or threatened 882 violation of anv of the provisions of this ordinance ~~.___r___-__- 883 884 885 ' 886 pe-d-ee~ed--a~b ~ ~~~' may be restrained by injunction 887 without the necessity of showing that an adequate remedv at law 888 ~ does not exist. e~ *~'~ ~-~-~~e ~a°d ~'j ~' 889 (b) Er6~ -e Criminal penalties. In addition to or as an 890 alternative to any penalty provided herein or by law, any person 891 +- a ^~ ^1 °'-' ;y who violates any of the provisions of this 892 ordinance shall be guilty of a misdemeanor and shall be subiect 893 to-~~~ ==---- a fine of not more than one thousand dollars 894 ($1,000.00) or by confinement in jail for not more than thirty 895 (30) days, for each violation or both ~ `;- ''-~f~~~•cr•~• 896 897 ggg LcZ Civil penalties and civil charges. 899 ~ Without limiting the remedies which may be 900 obtained under this ordinance, anv Berson who 901 violates any provision of this ordinance or who 902 violates any term or condition of an approved 903 stormwater management plan shall, upon such 904 findin b the circuit court be assessed a civil 905 penalty not to exceed two thousand ($2,000) 906 dollars for each violation. 907 ~ With the consent of any person who has violated 908 any provision of this ordinance, or who has 909 violated any term or condition of anv approved 910 stormwater management plan, the director or the 911 department of public works may provide, in an 912 order issued by the director or the department of 913 public works against such person, for the pavment 26 914 of civil charges for each violation in specific 915 sums, not to exceed two thousand ($2 000) dollars 916 for each violation Such civil charaes shall be 917 in lieu of any appropriate civil penalty which glg could be imposed under subsection (c)(1) hereof. 919 ~~~ ... ~.,...~ .,.. - -- 920 921 ~ 922 ' 9 2 3 ~~rass-~~E~e~e a-~~e~i-e-n-t~CZ-e~-~i~e~c +- . , ~ ~ ; , .. ; a Y" 924 925 ~ 926 ' ' 927 ~ 928 ~ 929 ~ ' 930 ~ ' 931 933 ~ ' ' 934 ~ 935 ~ 936 937 938 939 940 -{-e~-~ Notice of violation. When the 941 director deter mines that development activity is not being 942 carried out in accordance with the requirements of this 943 ordinance, he shall issue a written notice of violation to the 944 applicant, the responsible person(s) or owner of the property. 945 The notice of violation shall contain: 946 (1) The name and address of the owner, responsible 947 ,person(s) or applicant; 948 (2) The street address when available or a description 27 949 of the building, structure or land upon which the 950 violation is occurring; 951 (3) A statement specifying the nature of the 952 violation; 953 (4) A description of the remedial actions necessary to 954 bring the land development activity into 955 compliance with this ordinance and a time schedule 956 for completion of such remedial action; 957 (5) A statement that upon failure to comply within the 958 time specified the stormwater management plan and 959 all permits issued for land development pursuant 960 to such stormwater management plan may be revoked, 961 and that the person to whom the notice of 962 violation is directed shall be deemed in violation 963 of the ordinance and upon conviction shall be 964 subject to penalties provided in section 13 of 9 6 5 th i s ordinance e€-~e-pe~a~}~-e~- ' } ' '''"' r 966 9 6 7 ~h-ewe-~~c e-e-€--~d~-e-~a-~i-e ~ a; ^~ ; and 968 (6) A statement that the director's 969 determination of violation may be appealed to the 970 a-p1 r~~ r-,}~ circuit court e~€-~~, provided an 971 appeal is filed within thirty (30) days of service 972 of notice of violation. 973 974 The notice of violation shall be served upon to whom it is directed either Pe~e~r , *''' -~, }'~ ^ " } ~i € i the person(s) N r "====cr ' `'^'~ ^ ^ ^ '"} " F 9 7 5 976 -e rem ems e~ra~-s~e~~ ~a by delivery ~ -ees- -ne- ~e-e at the site of the development activity to 977 the agent or employ ee supervising such activity, or by mailing a 978 copy of the notice of violation by registered or certified mail, 979 postage prepaid, return receipt requested to such person at his 980 last known address. 981 A notice of violation issued pursuant to this section 982 constitutes a determination from which an appeal may be taken to 983 the ~ circuit court ^~ ~"'. ~= ~- r - 28 984 *~ This ordinance shall be enforced by the director, and 985 the department of public works who shall exercise all authority 986 of police officers in the performance of their duties. Such 987 authority shall include without limitation the authority to 988 issue summonses directing the appearance before a court of 989 competent jurisdiction of any person alleged to have violated any 990 of the provisions of this ordinance. 991 Sec. 14. Severability. 992 Each separate provision of this ordinance is deemed 993 independent of all other provisions herein so that if any 994 provision or provisions of this ordinance be declared invalid, 995 all other provisions thereof shall remain valid and enforceable. 996 Sec. 15. Effective date. 997 This ordinance shall become effective on June 1, 1988. 998 Sec. 16. Incorporation of Chesapeake Bay Preservation Area 999 Ordinance and Southern Watersheds Management Ordinance. 1000 The provisions of the Chesapeake Bay Preservation Area 1001 Ordinance (Appendix F) and the Southern Watersheds Management 1002 Ordinance (Appendix G), and any future amendments thereto, are 1003 hereby adopted and incorporated by reference as requirements of 1004 this ordinance in the areas of the city to which they apply. Such 1005 provisions shall be deemed to be in addition to, and not in lieu 1006 of, the provisions of this ordinance except in cases of conflict, 1007 in which event the more restrictive provisions shall apply. 1008 Adopted by the City Council of the City of Virginia Beach, 1009 Virginia on this 27th day of June 1995. 1010 CA-5721 1011 DATA\ORDIN\PROPOSED\STORM.ORN 1012 R7 1013 JUNE 8, 1995 APPROVED AS TO CONTENT 1014 1015 1016 1017 1018 1019 1020 1021 Department of Public Works Department of Planning APPROVED AS TO LEGAL SUFFICIENCY Department of Law 29 AN ORDINANCE TO APPROPRIATE $750,000 FROM THE TOURISM AND GROWTH INVESTMENT FUND, FUND BALANCE TO THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT'S FY 1995-96 EVENTS BUDGET FOR THE PURPOSE OF HAVING THE CITY USE ITS GENERAL ENTERTAINMENT AND MAJOR EVENTS PROGRAM AGREEMENT WITH CELLAR DOOR PRODUCTIONS TO PURCHASE AND OPERATE A HOLIDAY LIGHT DISPLAY AS A MAJOR RESORT AREA EVENT DURING THE WINTER TOURIST SEASON 1 WHEREAS, the Virginia Beach Hotel and Motel Association 2 and the Department of Convention and Visitor Development have 3 determined that a holiday light display along the resort area would 4 be a source of pride and interest for the residents of Virginia 5 Beach and the Tidewater area and would generate business for resort 6 area merchants and hoteliers at a time where there is little 7 tourist traffic in the resort area; 8 WHEREAS, the Virginia Beach Hotel and Motel Association 9 and the Department of Convention and Visitor Development are 10 requesting that the City of Virginia Beach utilize Tourism and 11 Growth Investment Funds and its General Entertainment and Major 12 Events Program Agreement with Cellar Door Productions to purchase 13 and operate, on behalf of the City, a holiday light display as a 14 major resort area event during the winter tourist season; 15 WHEREAS, the Virginia Beach Hotel and Motel Association 16 and the Department of Convention and Visitor Development are 17 estimating that the event will generate approximately $300,000 in 18 Boardwalk viewing revenues, cost approximately $235,000 to operate 19 annually, and will return all excess revenues or shortages to the 20 Tourism and Growth Investment Fund; 21 WHEREAS, the cost to purchase and operate the holiday 22 light display for the first year is estimated to be $750,000; and 23 WHEREAS, the fee paid to Cellar Door to administer the 24 holiday light display shall be twenty percent (20%) of Boardwalk 25 viewing revenues, plus twenty percent (20%) of sponsorship funds in 26 excess of $50,000 collected by Cellar Door in association with its 27 administration of the display. 28 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF 29 VIRGINIA BEACH, VIRGINIA: 30 That $750,000 from the Tourism and Growth Investment 31 Fund, fund balance be appropriated to the Department of Convention 32 and Visitor Development's FY 1995-96 events budget for the purpose 33 of establishing, through the existing General Entertainment and 34 Major Events Program Agreement, a holiday light display in the 35 resort area of the City. 36 BE IT FURTHER ORDAINED: 3'7 That any excess revenues or shortages generated by the 38 holiday lights display, defined as total revenues less the total 39 cost of operating the event, be returned to the Tourism and Growth 40 Investment Fund. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia on the 27 day of June , 1995. 43 CA-6010 44 ORDIN\NONCODE\TGI.ORD 45 R-1 46 PREPARED: 06/29/95 APPROVED AS TO CONTENT Management Services ~/ APPROVED AS TO LEGAL SUFFICIENCY. / epartment of Law -26- Item IV-J.3. CONSENT AGENDA ITEM # 39411 ORDINANCES Upon motion by Yce Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $425,199 "COPS Ahead" Program Grant from the United States Department of Justice, (Federal Police Department Grant), to the FY 1995-1996 Operating Budget, to expand the Community Policing Program; estimated revenues be increased accordingly; and, TRANSFER $512,633 from the FY 1995- 1996 Federal Police Department Grant Fund Reserve for Contingencies to provide the required match and the necessary training, equipment and operating supplies. Yoting: 10-0 (By Consent) Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Yoting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE $425,199 IN FEDERAL COMMUNITY POLICING GRANT FUNDS AND TO TRANSFER $512,633 FROM THE FEDERAL POLICE DEPARTMENT GRANT FUND RESERVE FOR CONTINGENCIES IN THE FY 1995-96 FEDERAL POLICE DEPARTMENT GRANT FUND TO PROVIDE FOR THE EXPANSION OF THE COMMUNITY POLICING PROGRAM 1 WHEREAS, the Virginia Beach Police Department applied for and was awarded a U.S. Department 2 of Justice, Office of Justice Programs, "COPS Ahead Program Grant" of $1,264,448 over a three year period to 3 enhance the City's community policing efforts through the hiring of 17 police officers; and 4 WHEREAS, although the FY 1995-96 Operating Budget provides the authority to hire the 5 seventeen additional police officers and allocates funding in a reserve account for the City's 20% match and all 6 equipment, training, and operating expenses for those officers, it does not include the appropriation of the Federal 7 Grant's revenues pending notification of the grant award. 8 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA, that the U.S. Department of Justice, Office of Justice Programs, "COPS Ahead Program Grant" 10 in the amount of $425,199 be accepted and appropriated in the FY 1995-96 Operating Budget, Federal Police 11 Department Grant Fund to expand the Community Policing Program and that the estimated revenues in the fund be 12 increased to reflect these additional federal revenues. 13 BE IT FURTHER ORDAINED, that $512,633 be transferred from the FY 1995-96 Federal Police 14 Department Grant Fund Reserve for Contingencies to provide the City's required match and the necessary training, 15 equipment, and operating supplies. 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 27 day of June 1995. APP~??~VED AS ~'O L.E~AL SIJF~Fi!~'~~CY ~~~~i.~t~1/ Approved as to Content Walter `C. Kraemer, Jr. Management and Budget -27- Item IV-J.4. CONSENT AGENDA ITEM # 39412 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Jo-~es, City Council ADOPTED: Ordinance to ACCEPT arld APPROPRL4TE $34, 709 Second Year Funding from the Virginia Commonwealth lraresportation Board; revenues from tlae Federal Government be increased accordingly; TRANSFER $8,677 from the FY 1995-1996 Mass Transit Operating Budget; and, afull-time position be continued in the Department of Planning and Community DevelopmerTt for the Transportation Effcciency Improvement Program. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Ilarold Heischober, Barbara M. Healey, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Trice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SECOND YEAR FUNDING IN THE AMOUNT OF $34,709 3 FROM THE VIRGINIA COMMONWEALTH TRANSPORTATION BOARD AND 4 TO TRANSFER $8,677 FROM WITHIN THE GENERAL FUND FOR THE REQUIRED MATCH 5 FOR THE TRANSPORTATION EFFICIENCY IMPROVEMENT PROGRAM 6 7 WHEREAS, the federal and state government have committed resources to the continued 8 development of transportation plans to reduce single occupancy vehicles to reduce the demand for new or 9 expanded transportation facilities; 10 WHEREAS, the City of Virginia Beach was approved for a two year grant to develop transportation 11 alternatives, and has put in place a program, with temporary staff, to develop and implement transportation 12 demand management strategies and alternatives; 13 WHEREAS, the Commonwealth of Virginia Transportation Board has designated $34,709 in 14 available federal Congestion Mitigation and Air Quality funds for the Virginia Beach program for the second 15 year of the program; 16 WHEREAS, the required $8,677 in cash match is available in the FY 1995-96 Operating Budget for 17 Mass Transit Operations: 18 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA that funds in the amount of $34,709 be accepted and appropriated from the Commonwealth of 20 Virginia Transportation Board, and the revenues from the federal government be increased by $34,709; 21 and that funds in the amount of $8,677 be transferred from the FY 1995-96 Mass Transit Operating Budget; 22 BE IT FURTHER ORDAINED that a temporary full-time position be continued in the Department of 23 Planning and Community Development for the Transportation Efficiency Improvement Program. 24 Adopted by the Council of the City of Virginia Beach, Virginia on this 27 day of June 25 1995. ~PI'~OVED AS TO 26 APPROVED AS TO CONTENT: LEGAL ~UFFIClENCY 28 Walter C. Kraemer, ~•c~ 29 Management and Budget ~'+w. . -28- Item IV-J. S. CONSENT AGENDA ITEM # 39413 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to TRANSFER $2, 7S6 from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund, as a charitable gift to the Boys and Girls Cluh, for the costs of water and sewer fees associated with construction of the 1995 TIDEWATER BUILDERS ASSOCIATION (TBA) CHARITY HOUSE. Voting: IO-0 (By Consent) Council Members Voting Aye: John A. Baum, Lirewood O. Brancl2, III, Robert K Dean, Harold Heischober, Barbara M. Flenley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abseret: William W. Harrison, Jr. June 27, 1995 1 AN ORDINANCE AUTHORIZING TRANSFER OF $2,786 2 FROM THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES FOR THE PURPOSE OF REIMBURSING 4 THE WATER AND SEWER FUND FOR THE COSTS OF 5 WATER AND SEWER FEES ASSOCIATED WITH THE 6 CONSTRUCTION OF THE 1995 CHARITY HOUSE 7 WHEREAS, the Tidewater Builders Association (TBA) 8 supports the Boys and Girls Club by donations generated from 9 proceeds of the sale of the TBA Homearama Charity House; 10 WHEREAS, the City of Virginia Beach wishes to show its 11 support for this charitable project by reimbursing the Water and 12 Sewer Fu nd for the costs of water and sewer fees associated with 13 the construction of the 1995 Charity house; and 14 Whereas, the 1995 Charity House is being built in the 15 Lagomar subdivision by Stafford and Son Builders, and the cost of 16 construction includes water and sewer fees of $2,786. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That City Council hereby authorizes the transfer of 20 $2,786 from the General Fund Reserve for Contingencies for the 21 purpose of reimbursing the Water and Sewer Fund, as a charitable 22 gift, for the costs of water and sewer fees associated with 23 construction of the Tidewater Builders Association's 1995 Charity 24 House. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on the 27 day of June , 1995. 27 CA-5989 28 ORDIN\NONCODE\CHARITY.ORD 29 R-1 30 PREPARED: June 6, 1995 APP D AS TO CONTENT .... Public Utilities APPROVED AS TO LEGAL SUFFICIENCY artment of Law -29- Item IV-J.6. CONSENT AGENDA ITEM # 39414 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of an existing 10' City easement, proposed 15' drainage easement and 20' utility easement to Annie B. Kellam, Floyd E. Kellam, Jr. and McDonald's Corporation re constructing arul mair-tairrirrg a parking lot at 2436 Princess Arzrre Road (PRINCESS ANNE BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroaclment when notifred by the City of Virginia Beach, within thirty (30) days after such notice is given, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of arty liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to hecome unsightly or a hazard. Young: 10-0 (By Consent) Council Members Yoting Aye: Johrz A. Baum, Linwood O. Brmzch„ III, Robert K. Dearr, Harold Heischober, Barhara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William. D. Sessoms, Jr. and Louisa M. Strayhorrz Council Members Voting Nay: Norre Council Members Absent: William W. Harrison, Jr. June 27, 1995 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF AN 4 EXISTING 10' CITY 5 EASEMENT AND PROPOSED 15' 6 DRAINAGE EASEMENT AND 20' 7 UTILITY EASEMENT TO ANNIE g B. KELLAM AND FLOYD E. g KELLAM, JR. AND 10 MCDONALD'S CORPORATION, 11 THEIR HEIRS, ASSIGNS AND 12 SUCCESSORS IN TITLE 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That pursuant to the authority and to the extent thereof 16 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 17 Annie B. Kellam and Floyd E. Kellam, Jr. and McDonald's 18 Corporation, their heirs, assigns and successors in title are 19 authorized to construct and maintain a temporary encroachment into 20 the existing 10' easement and proposed 15' drainage easement and 21 20' utility easement. 22 That the temporary encroachment herein authorized is for 23 the purpose of constructing and maintaining a parking lot and that 24 said encroachment shall be constructed and maintained in accordance 25 with the City of Virginia Beach Public Works Department's 26 specifications as to size, alignment and location, and further that 27 such temporary encroachment is more particularly described as 28 follows: 29 An area of encroachment into a 30 portion of the City's existing 10' 31 easement and proposed 15' drainage 32 easement and 20' utility easement, 33 on the certain plat entitled: " 34 PROPOSED DRAINAGE & UTILITY 35 EASEMENTS ENCROACHMENT McDONALD'S 36 CORPORATION 2436 PRINCESS ANNE ROAD 37 VIRGINIA BEACH, VA 23456 SCALE: 38 1"=50' 13 OCT 94 REVISED: 09 NOV 39 94," a copy of which is on file in 40 the Department of Public Works and 41 to which reference is made for a 42 more particular description. 43 PROVIDED, HOWEVER, that the temporary encroachment herein 44 authorized shall terminate upon notice by the City of Virginia 45 Beach to any officer of Annie B. Kellam and Floyd E. Kellam, Jr. 46 and McDonald's Corporation, their heirs, assigns and successors in 47 title and that within thirty (30) days after such notice is given, 48 said encroachment shall be removed from the City's easements and 49 that Annie B. Kellam and Floyd E. Kellam, Jr. and McDonald's 50 Corporation, their heirs, assigns and successors in title shall 51 bear all costs and expenses of such removal. 52 AND, PROVIDED FURTHER, that it is expressly understood 53 and agreed that Annie B. Kellam and Floyd E. Kellam, Jr. and 54 McDonald's Corporation, their heirs, assigns and successors in 55 title shall indemnify and hold harmless the City of Virginia Beach, 56 its agents and employees from and against all claims, damages, 57 losses and expenses including reasonable attorney's fees in case it 58 shall be necessary to file or defend an action arising out of the 59 location or existence of such encroachment. 60 AND, PROVIDED FURTHER, that the party of the second part 61 agrees to maintain said encroachment so as not to become unsightly 62 or a hazard. 63 AND, PROVIDED FURTHER, that this ordinance shall not be 64 in effect until such time that Annie B. Kellam and Floyd E. Kellam, 65 Jr. and McDonald's Corporation execute an agreement with the City 66 of Virginia Beach encompassing the aforementioned provisions. 67 Adopted by the Council of the City of Virginia Beach, 68 Virginia, on the Z~ day of June ~ 19 95 69 05/25/95 70 CBC/tga 71 Cahoon\mcdonald.ord PROVED AS TO CONTENT c. IGNA RE ~~~ r DEPARTMENT v, y ~~~e~~{~~~~ ~~ ~~ I i ~~k,', f i u ~ , . '7~..~^-.. 2 LOCATION MAP s POST OFFICE PRINCESS ANNE BRANCH ~soo AR /~C~ N S`S W E S BL ., MAINTE 4 LANDSCAPE ;,;,. CITY OF VIRGINIA BEACH MUNICIPAL CENTER PRINCESS ANNE NCI O VPi tiF o~, '~o 0 ti~ \t ti0 ~': o~ `~~~- `' ~o`°- ~ COURT HO ~ i~TC ~E -FOREST ~S ~~ 'p S~ _ 9 N Ts Q Z RQ 1 ~~ SITE P~ HEALTH DEPT & CLINIC J ~ ~!"~`:- ~ MAGISTRATE OFFICE Q QP ~ "" IRCUITCOURT 1,2,3 `~~ 0 OURT COMMONWEALTH P ~© ATTORNEY 'z,~. ~9 ~ UIT COURT ±'~ ~ ~ HALL ANNEX ~~~ 9 ~~ ISTRICT COUR ILOING ®FIRE DEPT ~ ADMINISTRA110N ,~ ~~~.,~ CO T HOUSE -~,~'~.; ELE ENTARY \~ ,..:s.r OOL ~. ~ ENCROACHMENT AGREEMENT THIS AGREEMENT, made this ~~ay of March , 1995 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and ANNIE B. KELLAM and FLOYD E. KELLAM, JR., Executes and Trustees of Trust B under the Will of Floyd E. Kellam, Sr., deceased (Owners) and MCDONALD'S CORPORATION, a Delaware corporation (Tenant), THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part (even though more than one). WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a pazking lot in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such parking lot, it is necessary that the said party of the second part encroach into a portion of an existing 10' easement, into a portion of a proposed 15' drainage easement and into a portion of a 20' utility easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such pazking lot within a portion of the aforesaid existing and proposed easements. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said parry of the first part, receipt of which is hereby acknowledged, the party of the first part'doth grant to the party of the second part a temporary encroachment into a portion of the existing 10' easement, into a portion of a proposed 15' drainage easement and into a portion of a 20' utility easement for the purpose of constructing and maintaining such pazking lot. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particulazly described as follows, to wit: An area of encroachment into a portion of the City's 10' easement, into a portion of a proposed 15' drainage easement and into a portion of a proposed 20' utility easement as shown on that certain plat entitled: "PROPOSED DRAINAGE AND UTILITY EASEMENTS ENCROACHMENT MCDONALD'S CORPORATION 2436 PRINCESS ANNE ROAD VIRGINIA BEACH, VA 23456 SCALE: 1"=50' 13 OCT'94 REVISED: 09 NOV `94" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particulaz description. GPIN 1494-92-4611,1494-83-8009 & 1494-83-7236 It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the aforesaid easements by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and Encroachment Agreement Page 1 expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. Tenant, as evidenced by a Memorandum of Lease,recorded in the aforesaid Clerk's Office in Deed Book 3433, page 1721, holds a leasehold interest in the property which encroaches such easements. Tenant agrees that Tenant shall be responsible for the indemnification stated in the above paragraph as long as Tenant's Ground Lease is in effect. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that prior to issuance of a Highway permit, the pazty of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollazs (S500,000.00). It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's office. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the fast part, upon revocation of such authority and permission so granted, may remove any such encroachment and chazge the cost thereof to the party of the second part, and collect the cost in any manner provided bylaw for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of--way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided bylaw for the collection of local or state taxes. IN WITNESS WHEREOF, ANNIE B. KELLAM and FLOYD E. KELLAM, JR., Executors and Trustees of Trust B under the Will of Floyd E. Kellam, Sr., deceased, the said party of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. IN WITNESS WHEREOF, the said MCDONALD'S CORPORATION, a Delaware corporation, has caused this Agreement to be executed in its corporate name and on its behalf by its Assistant Vice President, and its corporate seal Lci be hereto affixed with due authority by its board of directors. Encroachment Agreement Page 2 By (SEAL) ATTEST: City Clerk ROVED AS TO CONTENT ~G ' rsic~rutv~e lY. C r ,. APPROU~R AS T4 L~G~i~ ~l~~ r~i~~~~~~~~'~ .~, STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: CITY OF VIRGINIA BEACH City Manager/Authorised Designee of the City Manager ANNIE B. KELLAM and FLOYD E. KELLAM, JR, Executors and Trustees of Trust B under the Will of Floyd E. Kellam, Sr., deceased. ~~~~~~ o ~ 0 ~. Seal) Annie B. Kellam, T stee ~~ ' (Seal) Flo d E. Kellam, Jr., T tee MCDONALD'S CORPORATION, a T~elaware corporation By ` - Michael J. Sise, , President I, a Notary Public in and for the City and State aforesaid, do hereby certify that ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19_ Notary Public My Commission Expires: Encroachment Agreement Page 3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agee~t bearing date on the day of , 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19_ Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: j, Shirley M. Williams a Notary Public in and for the City and State aforesaid, do hereby certify that ANNIE B. KELLAM, whose name is signed to the foregoing writing as Executor and Trustee of Trust B under the Will of Floyd E. Kellam, Sr. ,deceased, bearing date the3rd day of March , 19 9S, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this 3 r d day of March , 19 95. Notary Public My Commission Expires: February 28, 1997 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, hS i_rl_ey M. Wi 1 1 iam5 a Notary Public in and for the City and State aforesaid, do hereby ce<tify that FLOYD E. KELLAM, JR, whose name is signed to the foregoing writing as Executor and Trustee of Trust B under the Will of Floyd E. Kellam, Sr. ,deceased, bearing date the 3rd day of March 19 95 has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this 3rd day of March , 19~. Notary Public My Commission Expires: February 28, 1997. Encroachment Agreement Page 4 -311- Item IV J.7. ORDINANCES ITEM # 3941 S David Pender, represented Mariner Associates, 57th. and Oceanfront, Phorre: 428-7025 Greg Mulderrig, represented Mariner Associates, 57th and Oceanfront, Phone: 428-7025 The following spoke in OPPOSITION.• Kent Hinnant, Virginia Beach Lifesaving Services, 1804 Arctic Avenue, Phone: 428-1546 Upon motion 6y Councilman Heischober-, seconded by Councilman Jorres, City council ADOPTED, with specific reference to "Attachment A ": Ordinance to grant a franchise to Mariner Associates, A Virginia Limited Partnership, to provide Lifeguard and Beach Equipment Rental Services on the City-owned heacli area adjacent to The Ramada Oceanfront Tower at 57th Street arul the Oceanfront (LYNNIIAVEN BOROUGH). Voting: 8-1 Council Members Voting Aye: John A. Baum, Robert K Dean, Ilarold Heischoher-, Barhara M. Henley, Louis R. Jones, Mayor Meyera 1'. Oher-rrdorf, Nancy K. Parker and Louisa M. Strayhorrr Council Members Voting Nay: Linwood O. Branch, III Council Members Abstaining: Vice Mayor William D. Sessorns, Jr. Council Members AFisent: William W. Harrison, ,/r. Vice Mayor Sessoms ABSTAINED as he is a Corporate Offrcer of Central Fidelity Bank, which conducts business with Mariner Associates. June 27, 1995 1 AN ORDINANCE GRANTING A FRANCHISE TO MARINER 2 ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP, TO 3 PROVIDE LIFEGUARD AND BEACH EQUIPMENT RENTAL 4 SERVICES ON THE CITY-OWNED BEACH AREA ADJACENT 5 TO THE PROPERTY OCCUPIED BY THE RAMADA 6 OCEANFRONT TOWER AT 57TH STREET AND THE 7 OCEANFRONT 8 WHEREAS, Mariner Associates, a Virginia limited partner- 9 ship, owns and operates a hotel known as the Ramada Oceanfront 10 Tower, located at 57th Street and the Oceanfront in the City of 11 Virginia Beach; and 12 WHEREAS, Mariner Associates has requested that the City 13 grant it the right to provide lifeguard and beach equipment rental 14 services on the City-owned beach area adjacent to its hotel for the 15 benefit of its guests and members of the general public who utilize 16 such beach area. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That Mariner Associates is hereby granted a franchise to 20 provide lifeguard and beach equipment rental services on the City- 21 owned beach area adjacent to the Ramada Oceanfront Tower at 57th 22 Street and the Oceanfront, subject to its execution of the 23 Franchise Agreement which is attached hereto as Attachment A and is 24 hereby incorporated by reference, and its compliance with the terms 25 and conditions thereof. 26 BE IT FURTHER RESOLVED: 27 That the City Manager is hereby authorized and directed 28 to execute the Franchise Agreement on behalf of the City of 29 Virginia Beach. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the 27 day of June , 1995. 32 CA-5996 33 ORDIN\NONCODE\MARINER.ORD 34 R-2 35 PREPARED: June 21, 1995 3 6 PROVE/D,IAS TO CONTE ~N ~' Emergency Medical Services Office APPROVED AS TO LEGAL SUFFICIEN epartment of Law 2 ATTACHMENT A 57TH STREET BEACH AREA LIFEGUARDBEACH RENTAL FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT, hereinafter referred to as "Agreement," dated this day of , 1995, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City," and MARINER ASSOCIATES, a Virginia limited partnership, hereinafter referred to as "Franchisee," is entered into pursuant to the police powers of the City, as embodied in Section 2.01 of the City Charter and Sections 15.1-839 and 15.1- 894, Va. Code Ann., in the interest of the public health, safety, and welfare. The Agreement recites and provides: RECITALS WI~REAS, Franchisee is the owner of the Ramada Oceanfront Tower at ~ 57th Street and the Oceanfront in the City of Virginia Beach; and WHEREAS, Franchisee has requested that the City grant it a franchise to provide lifeguard services and beach equipment rentals along the oceanfront adjacent to its hotel. WITNESSETH: That for and in consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the City and Franchisee hereby agree as follows: ~- i i i I 1. C;ra_nt of Franchise. Pursuant to an ordinance adopted by City Council on June 27, 1995, (Ordinance No. ORD-95-__), and subject to the terms and conditions set forth herein, the City hereby grants to Franchisee the right to provide lifeguard and beach equipment rental services on City-owned property at the location set forth in section 2. Franchisee may provide these services through a third party provided the third party complies with all terms and conditions of this Agreement. For purposes of this Agreement, the term "Franchisee" shall be deemed to include Mariner Associates and any third party engaged by Mariner Associates to provide lifeguard and beach equipment rental services on its behalf. 2. Franchise Area: The Franchise Area shall consist of that portion of the sand beach of the Atlantic Ocean bordered on the west and east, respectively, by the easternmost edge I of the boardwalk or bulkhead and the mean low water line of the Atlantic Ocean, and bordered on the north and south, respectively, by the northern and southern property lines j of Franchisee's property, extended eastward to the mean low water line, as outlined on Exhibit A, a copy of which is attached hereto and incorporated by reference. Nothing contained herein shall preclude or otherwise limit the right to the public, while on the Premises, to use either their own beach equipment or beach equipment leased from other lessors located off the Premises. 2 ~~ 1 3' ~~ ;; This Agreement shall commence on the date Franchisee obtains all necessary State and City approvals, and shall terminate on September 30, 1997. 4. Franchise Modification. i Notwithstanding the provisions of section 24 herein, the City reserves ~, the right to unilaterally grant a temporary variance from strict compliance with the ' ~ aforementioned provisions, or a temporary modification thereof, when such variance or '' i modification does not increase the obligation of Franchisee hereunder and, furthermore, i when such variance or modification is deemed to be in the best interests of the City and '~ '' the public safety. +~ 5. Payment Schedule. For each year of the Franchise, the Franchisee shall pay to the City a fee (hereinafter "Franchise Fee") in the amount of One Hundred Dollazs ($100.00). i 6. Right to Conduct Beach Equipment Rental Operations. Subject to the terms and conditions set forth herein, the City hereby I grants to the Franchisee the nonexclusive right, insofar as the City may lawfully grant i I such right, to rent beach equipment, as specified in section 8, in and on the Franchise Area. 7. Beach Equipment. a. The Franchisee may offer for rent only the below-described equipment and such other equipment as may be approved by City Council in the Franchise Area: 3 - rafts - beach chairs/lounges - umbrellas - boogie boazds b. The equipment offered for rent shall meet the minimum specifications as described in Exhibit D, a copy of which is attached hereto and incorporated by reference. c. There shall be a staffed lifeguard stand within three hundred and twenty-five (325) feet of the set-up of any rental equipment. d. If the Franchisee desires to offer any of the above equipment for rent at any time other than the periods contained in section 10, then the Franchisee shall provide at least one (1) on-duty lifeguard within three hundred twenty-five (325) feet of the place where the equipment is being set up, and shall comply with all of the requirements contained in this section and in sections 8 and 10. 8. Beach Eguivment Rental. All rental personnel shall be trained in the following azeas: (1) public relations, (2) proper set-up of beach equipment, (3) safety precautions concerning the rental of equipment during high winds and thunderstorms, and (4) maintenance of the beach. No beach equipment shall be placed on the Premises directly in front of or blocking any steps or access points leading from the boardwalk, bulkhead, or sand dunes. No beach equipment shall be placed within twenty-five (25) feet of any lifeguard stand or in any location which will interfere with the lifeguazd performing his or her 4 duties. No beach equipment rental employee shall conduct the rental business within twenty-five (25) feet of any lifeguard stand. All beach equipment offered for rent shall be stored in a manner and at a location on the Premises approved by the City Manager or his designee. However, when the condition of the Atlantic Ocean does not permit storage on the Premises, the equipment may be stored at a location mutually agreed upon by the Franchisee and the City Manager or his designee. If stored on the grassy area, the equipment shall not take up a space greater than twenty (20) feet square and four (4) feet high. 9. Vehicles. Franchisee may operate a motor vehicle on the sand beach of the Premises for the purpose of loading and unloading the equipment herein described. Such operation of a motor vehicle, however, is only authorized when same shall result in no danger to the public, and, except in case of emergency or lifesaving drills, is limited to the hours of 4:30 p.m. to 9:30 a.m. 10. Services to be Performed. The Franchisee agrees that it shall provide lifeguard services, equipment, and supplies for the Premises in such manner, at such times, and in all other respects pursuant to the terms of this Agreement and in compliance with all ordinances, rules, and such regulations as may from time to time be prescribed by the City during the term hereof. The Franchisee shall: a. Allow free access by the general public to the Premises and to the Atlantic Ocean. If, however, at any time, in the judgment of the Franchisee, the 5 condition of the Ocean is dangerous to the health, safety, or welfare of the public using the Premises, Franchisee shall prominently display an internationally recognized "No i Swimming" flag approved by the City on the lifeguard stand. Nothing contained herein, however, shall diminish the right of the City to close the beach when it deems such closure necessary for the public health, safety, or welfare. b. Provide a minunum of one (1) lifeguard and one (1) supervisor on duty at the times prescribed herein. c. Lifeguazd services shall be provided commencing on, and including, the Saturday preceding Memorial Day and ending on, and including, Labor Day, seven (7) days a week. d. On authorized days of operation, a lifeguard shall be on constant duty and in the stands between the hours of 9:30 a.m. and 6:00 p.m., unless performing any lifeguazd services that require him or her to be away from the stand. Lifeguazd services shall include but not be limited to: (1) Constant surveillance of the Ocean and Premises for persons in need of assistance; (2) Seazch for and rescue of bathers, swimmers, surfers, and others who are in need of assistance in the water; (3) Rendering the necessary first aid to those in need; (4) Taking necessary and prudent steps to prevent the possibility of injury or death to persons in the water and upon the Premises; 6 `` (5) Reporting all drownings or serious injuries to the appropriate authorities; (6) Assisting in location and reporting of lost and abandoned children and property; ('7) Warning violators andlor reporting violations of the law and Beach regulations to the appropriate authorities; and (8) Reporting all complaints by citizens of discrimination i by an employee against any person(s) based on race, religion, age, color, sex, national origin, handicap, or sexual harassment. e. Provide lifeguard services before 9:30 a.m. and after 6:00 p.m. as necessary for special events, if any, authorized by the City on the Premises. Franchisee shall be duly compensated by the City for such events for the provision of services beyond the scope of normal operations. Additionally, the City shall provide Franchisee with ten (10) days notice of the necessity for the provision of any additional lifeguard services required for special events. f. Provide and maintain in proper working order the minimum lifeguard emergency and communications equipment specified in Exhibit B, a copy of which is attached hereto and incorporated by reference. g. Provide and maintain in proper working order a radio communications system that will facilitate immediate and effective communications between all lifeguard personnel during the times Franchisee is responsible for providing lifeguard services. Such system shall consist of at least one (1) portable two-way radio which shall be in proper working order and in use at all times that the lifeguard is on duty. The radio shall be kept on such EMS frequencies as may be authorized by the Department of Emergency Medical Services. h. Require all lifeguard and supervisory personnel to participate in a standardized training program which shall be conducted in accordance with established training guidelines developed by the United States Lifesaving Association and which shall be acceptable to the City. On or before May 31, June 30, July 31, and August 31 of each year of the Franchise, Franchisee shall provide the City's representative, at his or her request, a list of employees who have received required training and, if applicable, other training. The list shall include the specific training that each employee has received, and the date(s) on which the training was provided/completed. i. Maintain a current list of the names, addresses, telephone numbers, birthdates, and social security numbers of all lifeguards, and maintain i the original, or a copy of the original, of all certificates required in Exhibit C, a copy of which is attached hereto and incorporated by reference. An initial list shall be provided to the City's representative, at his or her request, on or before May 31 of each year of the Franchise. Thereafter, updated lists shall be provided to the City's representative, at his or her request, on or before June 30, July 31, and August 31 of each year of the Franchise. j. Submit the following information by November 30 of each fi year of the Franchise: (1) the name, address, telephone number, and resume' of the !; s Franchise Manager and (2) the location and quantity of all lifeguard equipment that Franchisee expects to use for the following year's service. Failure to submit this information and/or failure to have the Franchise Manager employed and the equipment in possession by April 30 of each year shall be deemed a material breach of this Agreement as of that date. k. Collect and place into City receptacles all materials that are unsafe to beach users (i.e., glass, metal, etc.) on a daily basis. The City shall place at least one (1) fifty-five (55) gallon litter receptacle on the Premises. Additional receptacles shall be provided as deemed necessary by the City. 1. Advise the Director of Emergency Medical Services or his designee prior to a temporary suspension of any or all of the Franchisee's lifeguard services set forth in this section. m. Certify that all lifeguards have complied with all of the training and physical requirements specified in Exhibit C. n. Notwithstanding any of the foregoing, no lifeguard shall rent any equipment or otherwise conduct any part of a beach concession business, including, but not limited to, the set up and take down of equipment, the collection of revenue from customers, or the collection of revenue from rental attendants, during those hours he or she is on duty. 11. Franchisee Em~lo ee alifications. a. Lifeguards -All lifeguards shall be at least sixteen (1~ years of age at the time they report for duty and shall meet all City Code requirements, 9 including but not limited to Section 6-71, as amended. In addition, all lifeguards shall meet all minimum physical qualifications and satisfactorily complete all tests outlined in Exhibit C . b. Supervisors -All supervisors shall be at least eighteen (18) years of age at the time they report for duty and shall possess at least two (2) summers of experience as an ocean lifeguard. In addition, all supervisors shall meet all minimum qualifications for lifeguards and must be aVirginia-certified Emergency Medical Technician. 12. Seasonal Reports. Franchisee shall submit a seasonal report on or before October 31 of each year, which report shall include but not be limited to, statistics concerning first- aid calls, rescues, drownings, neck injuries, heart attacks, CPR responses, an~ lost children. The report shall also include daily attendance estimates for the Premises. 13. Reports/Audit/Review. a. Franchisee shall provide reports to the City of its daily cash receipts for its rental operation. These reports may be requested for review by the City by close of business on the Friday following the "week" for which the report has been prepared. For purposes of this section, a "week" shall be defined as Monday to Sunday, j inclusive. b. Franchisee shall report to the City any complaint(s) by citizens of discrimination by an employee against any person(s) based on race, religion, age, color, sex, national origin, handicap, or sexual harassment. These reports shall be 10 received by the City by the close of the business day. For the purpose of this section, a "business day" shall be defined as Monday to Sunday, 9:00 a.m. to 5:00 p.m. inclusive. c. Franchisee shall provide weekly reports to the City of any failure on Franchisee's part to meet any of the requirements of this Franchise Agreement. d. Prior to December 31, 1995, and each December 31 thereafter, Franchisee shall submit to the City audited financial statements, prepared by i i a certified public accountant, in accordance with generally accepted accounting principles. i These audit reports should cover fiscal years ended October 31. They should show in detail among other things, gross receipts and revenues, and the net operating profit of the Franchisee during fiscal year covered by the financial statements. The City retains its right to review and audit books and records of the Franchisee if it deems this necessary. e. Prior to October 31 of each year, a representative(s) of Franchisee shall meet with City representative(s) to review Franchisee's performance during the season and to discuss modifications, if appropriate, to the terms and conditions j of this Agreement. In the event that such modifications either increase or decrease Franchisee's financial obligations hereunder, necessary adjustments in the Franchise Fee may be negotiated. 14. Insurance. Franchisee shall, at all times during the term hereof, maintain valid insurance policies with insurance companies satisfactory to the City, including but not limited to the following: ~~ a. Workers' compensation insurance in amounts and in all other respects in accordance with the laws of the Commonwealth of Virginia; b. General liability insurance under a comprehensive general liability policy including contractual liability, products and completed operations liability, and all other coverages necessary to protect the Franchisee, its employees, agents, assigns, and successors, and the City (the term City shall mean the City and its officials, elected representatives, constitutional officers, employees, agents, assigns, and their successors), for all operations associated with the provision of lifeguard services, beach maintenance, and equipment rental services, whether incidental or not, in an amount no less than one million dollars ($1,000,000) combined single-limit for claims arising out of the operations of the Franchisee under this Agreement. Such insurance shall include any liability assumed by Franchisee under this Agreement and shall name both Franchisee and the City as insureds, as their interest may appear, and shall provide for full limits of recovery including all legal costs regardless of any similar or other insurance which either party may have in effect; and c. Automobile liability insurance covering the operation by the Franchisee of any owned, hired, and/or nonowned motor vehicles at limits of not less than five hundred thousand dollars ($500,000) combined single-limit; provided, however, that this insurance shall not be required if Franchisee does not use any motor vehicles in connection with its operation. 12 d. Should insurance market conditions adversely affect the ability of Franchisee to obtain the insurance required herein, the City, in its sole discretion, may reduce or otherwise amend the requirements of this section. On or before the date on which operations are commenced, and at least ten (10) days prior to the renewal date of any such insurance policies, Franchisee shall provide the Director of Emergency Medical Services originals of such policies or certificates of insurance from the respective insurers attesting the fact that such insurance is in full force and effect. Such insurance shall be in form, substance, and coverage satisfactory to the City. Such insurance policy shall require the insurer to provide thirty (30) days written notice to the City prior to the cancellation of all or any part of such insurance. 15. Performance Bond. Franchisee shall secure and maintain in effect during the full term of this Agreement a Performance Bond in favor of the City in the amount of ten thousand dollars ($10,000). Such Performance Bond shall be written effective as of July 1, 1995. Such Bond shall guarantee performance by Franchisee of all of its duties and obligations contained in the Agreement and shall be written by a surety company approved by the City Attorney. Such Bond shall be satisfactory to the City Attorney in form, substance, and coverage and shall be submitted to the Director of the Department of Emergency Medical Services on or before the date on which operations are commenced. Such Bond shall require the Obligor to provide at least forty-five (45) days written notice to the City prior to the cancellation or termination of all or any part of such Bond. 13 '; 16. covenants, Warranties, and Indemnification. a. Franchisee warrants that at all times during the term hereof, it shall employ personnel qualified and experienced in lifesaving operations and techniques, and has maintained and shall maintain at all times during the term hereof adequate personnel, facilities, equipment, and supplies to provide the services contemplated hereby. b. Franchisee agrees to hire and retain sufficient personnel to perform the activities and services contemplated hereby and shall recruit, employ, train, supervise, direct, discipline, and discharge, when necessary, any and all such personnel. Such personnel shall be at all times and for all purposes solely in the employment of Franchisee when performing their duties. c. Franchisee covenants and agrees to comply with all applicable federal, state, and local laws, rules, and regulations and to save and hold the City harmless from any and all liability arising from any violation of any such laws, rules, and regulations. d. Franchisee, at its sole expense, shall obtain all permits and licenses which are required by the City or any other governmental authority in connection with the activities and services contemplated hereby. e. Franchisee agrees to obtain and maintain an EMS First Responder agency license as outlined by the State Department of Health, Office of ~ Emergency Medical Services and the City Department of Emergency Medical Services. 14 f. Franchisee agrees to, and hereby does, indemnify, save, and hold harmless the City, its officials, elected representatives, constitutional officers, employees, agents, assigns, and successors from and against any and all claims, demands, damages, actions, causes of action, liabilities, costs, and expenses (including, without limitation, attorneys' fees and expenses) of every kind and nature in any manner arising or resulting from the activities or services rendered, or to be rendered, by Franchisee pursuant to this Agreement. 17. Termination or Expiration. The City shall have the option to terminate the Franchise Agreement in the event of: a. Failure to perform services or provide reports under sections 10a, lOb, lOc, lOd, 10e, lOf, lOh, 10i, 13a, 13b, 13c, 13d, or 14 of this Agreement. Such failure shall constitute grounds for immediate termination. b. Failure of the Franchisee to observe or perform any of its other covenants, conditions, or agreements hereunder for a period of ten (10) days after receipt of written notice specifying such failure and requesting that it be remedied. c. (1) Failure of the Franchisee to pay its debts as they become due, (2) commencement by the Franchisee of a voluntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state ! i bankruptcy, insolvency, or other similar law, (3) consent by the Franchisee to the appointment of a receiver, liquidator, assignee, trustee, custodian, sequestrator, or other similar official for the Franchisee or any substantial part of its property or to the taking 15 possession by any such official of any substantial part of the property of the Franchisee, (4) making by the Franchisee of any assignment for the benefit of creditors, or (5) taking of corporate action by the Franchisee in furtherance of any of the foregoing. d. The entry of any (1) decree or order for relief by a court having jurisdiction over the Franchisee or its property in an involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency, or other similar law, (2) appointment of a receiver, ~ I liquidator, assignee, trustee, custodian, sequestrator, or similar official for the Franchisee or any substantial part of its property, or (3) order for the termination or liquidation of , the Franchisee or its affairs. e. Failure of the Franchisee within sixty (60) days after the commencement of any proceedings against it under the Federal bankniptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, ~ i insolvency, or similar law, to have such proceedings dismissed or stayed. Upon any such termination of the agreements and obligations of the City for any of the foregoing reasons, all sums paid to the City by the Franchisee hereunder and all lifeguard and rental ~ i equipment left on the Premises shall be deemed to be forfeited to the City without j i compensation to the Franchisee and the Franchisee shall have no further rights in I connection therewith. In addition, the City shall have the right to enforce its claims against any and all assets and rights of the Franchisee. Failure of the City, in any one or more instances, to insist upon strict observance of any term, covenant, condition, warranty, or provision of this Agreement, or the City's failure to exercise any of its 16 I I I i 1 options in the event of a default, termination, or expiration by the Franchisee, shall in no way be deemed a waiver of such term, covenant, condition, warranty, or provision, or i estop the City from exercising any or all of its options hereunder at a later time. Upon the expiration of the term of this Agreement or upon any sooner termination in accordance with the foregoing provisions, the Franchisee shall have I no further rights in, on, or to the Premises. 18. City's Remedies for Default, Termination, or Expiration. In the event of default, termination, or expiration of this Agreement, or of failure of Franchisee to comply with the terms and conditions of this Agreement, the City may exercise any or all of the below-listed options: ~ a. Retain and utilize the forfeited lifeguazd and rental equipment provided by the Franchisee under the terms of this Agreement; b. Require payment from the surety on the Performance Bond E as outlined in section 15; c. Refranchise the Premises to another party; d. Perform the obligations of the Franchisee on the Premises; and i e. Pursue any or all legal and equitable remedies available to the City in accordance with this Agreement and the laws of the Commonwealth of Virginia and the City of Virginia Beach. 19. Sanctions. Notwithstanding any other provision of this Agreement, Franchisee shall be assessed a maximum of fifty dollars ($50.00) per violation for each violation of ~~ any term or condition of this Agreement. The City may, in its sole discretion, waive imposition of a sanction based upon consideration of the level of severity of the violation, the degree of Franchisee's timeliness in effecting compliance, or for any other reason deemed appropriate. 20. Limitations of Undertaking Franchisee acknowledges and agrees that the City does not, in any way or for any purpose, become a partner, joint venturer, or member of any joint enterprise with Franchisee. 21. Notices. The City of Virginia Beach Department of Emergency Medical Services is hereby designated by the City Manager as the City department (designee) responsible for administering the provisions of this Agreement. All notices from Franchisee to the City required or permitted by any provisions of this Agreement shall be in writing and shall be deemed given when hand-delivered or sent by registered or certified mail and addressed as follows: From Franchisee to City: Director, Department of Emergency Medical Services 1917 Arctic Avenue Virginia Beach, Virginia 23451 From City to Franchisee: Ramanda Oceanfront Tower Attn: Mr. David Pender 57th Street & Atlantic Avenue Virginia Beach, Virginia 23451 18 Either party may at any time, or from time to time, designate in writing a substitute address for the addresses set forth above, and thereafter notices shall be directed to such substitute address. 22. S~~ccessors and Assigns. All rights and liabilities herein given to or imposed upon the respective parties hereto shall extend to and bind their successors and assigns, but Franchisee shall not sublet or assign any of its rights, privileges, duties, or obligations under this Agreement without the prior, written consent of the City. ~ 23. Governing Laws. This Agreement is entered into and is intended to be performed in Virginia, and the validity, enforceability, interpretation, and construction hereof shall be determined and be governed by the laws of the Commonwealth of Virginia. 24. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or contemporaneous negotiations, understandings, and ~ agreements, written or oral, between the parties. This Agreement shall not be amended or modified, and no waiver of any provision herein shall be effective unless such amendment, modification, or waiver is set forth in a written instrument authorized and executed with the same formality as this Agreement, except as indicated in section 4, j above. 19 25. PoLcp Powers -Entitlements and Reservations This Agreement is granted pursuant to police powers of the City, as embodied in Section 2.01 of the City Charter and Sections 15.1-839 and 15.1-894, Va. Code Ann., in the interest of the public health, safety, and welfare and is subject to all contracts, franchises andlor permits hereafter granted by the Council to use the Premises. This Agreement is subject to all ordinances and resolutions of City Council as the same now exist or may be hereafter amended, revised, or codified in the lawful exercise of the police powers or in the lawful exercise of any other power granted to the City by the w General Assembly. 26. Equal Employment. During the performance of this Franchise, Franchisee agrees as follows: a. Franchisee shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or handicap except where religion, sex, national origin, or handicap is a bona fide occupational qualification reasonably necessary to its normal operation. Franchisee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. Franchisee, in all solicitations or advertisements for employees placed by or on behalf of Franchisee, shall state that such Franchisee is an equal opportunity employer. 20 i i i c. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 27. Severability Clause. i 3 In the event any provision or provisions of this Agreement are i determined to be void, ultra vires, or otherwise unenforceable by a court of competent i jurisdiction, the remaining portions of this Agreement shall continue in full force and ~ effect. f IN WITNESS WHEREOF, the following signatures and seals. CITY OF VIItGIlVIA BEACH, VIltGINIA 1 1 By City Manager ATTEST: City Clerk MARINER ASSOCIATES Franchisee yl e e 21 to the foregoing Franchise Agreement,/has acknowledged the same before me in my City i and State aforesaid. j GIVEN under my hand this day of , 1995. Notary Public ~ My Commission Expires: ! 57THFRAN.AGM 24 MINIMUM SPECIFICATIONS FOR LIFEGUARD EQUIPMENT Lifeguazd Stands: Minimum floor height: 6' Capable of seating one guard Personal Sunding Devices (Whistles) Whistles shall have a uniform high-pitch sound and shall be audible at a minimum of 325' from source of the sound. Rescue Buoys: A standard rescue tube or rescue can with a 6' poly line (minimum 1,4001b. test) attached to the buoy with a nylon shoulder harness. Back Support Device: Backboazd should be as prescribed by the Director of Emergency Medical Services. Radio Provide communications equipment in accordance with the Franchisee's proposal to the extent authorized by the Virginia Beach EMS/ Police Department. As prescribed by the Director of Emergency Medical Services. Life~uazd & S~~nervisor's First-Aid Kits: First-aid kit stocked as prescribed by the Director of Emergency Medical Services. Rescue Wet Bikes: Shall obtain and maintain 2 rescue wet bikes for in-water rescue operations as prescribed by the Director of Emergency Medical Services. Iy~EGAPHONES: Hand-held, battery-powered megaphones in proper working order with a minimum sound i pressure of 110 dB and an audible range of 0.6 km. HOW EQUIPMENT IS TO BE DEPLOYED: 1. All stands shall be equipped with afirst-aid kit at all times during use. At ~ least one stand must be equipped with a supervisor's first-aid kit. j 2. All supervisors shall be equipped with a supervisor's first-aid kit. ~ 3 All lifeguards while on duty shall have a whistle and a rescue buoy. i 4. One (1) back support device shall be on the beach in an operable condition j and accessible for all lifeguards. 5. At least one (1) working portable two-way radio tuned to the EMS ~ frequency shall be manned by a supervisor or franchise manager of the ' premises each day that lifeguards are on duty. 6. All stands shall be equipped with the internationally recognized "No Swimming flags, in accordance with the requirements of the Agreement, 1 to be used ,when hazardous conditions exist. i i 7. At least one (1) megaphone shall be on the beach in an operable condition i and accessible for all lifeguards. ExHiBIT C Franchisee shall attest to the fact that each beach lifeguazd and supervisor has met and can continue to meet while on duty the following minimum qualifications: 1. Have a valid American Red Cross Advanced Lifesaving Certificate or other equivalent certificate recognized by the American Red Cross. 2. Have not less than 20/ 100 vision corrected in each eye to 20/20. 3, Have normal hearing in both eazs. 4. Be in good health and physical condition. 5. Be able to run 200 yards carrying a rescue buoy, enter the ocean and swim 150 yazds off-shore using a continuous approach stroke, and return. Upon exiting the water, the applicant shall run 200 yazds, reenter the water, and swim to a point 100 yards off-shore using an approach stroke, and return. Upon exiting the water at this point, the applicant shall run 100 yazds. This entire test shall be completed at a level of performance acceptable to the franchise manager. 6. Have a valid American Red Cross Cardio-Pulmonary Resuscitation (CPR) or American Heart Association CPR certificate obtained within fourteen (14) days of reporting to work. 7. Participate in and satisfactorily complete a standazdized training program as required by section 10(j) herein, which program shall include instruction in first aid. The Franchisee shall maintain records of its employees' compliance with these requirements, which records shall be available for inspection by the City during normal office hours. Franchisee shall conduct the lifeguazd qualifying test indicated above for each lifeguazd no later than two days after the lifeguard's reporting for work and again between 30 and 45 days after reporting for work. All qualifying tests shall be conducted in the presence of the City's duly authorized representative. The representative shall be provided a list of all candidates to be tested prior to any such testing. Franchisee shall conduct organized, group drills daily, Monday through Friday, for all lifeguazds and supervisors. The drills shall be designed to insure the physical condition of the lifeguards and that they are proficient while performing all lifeguazd services as required in section 10 herein. MINIMUM SPECIFICATIONS FOR BEACH RENTAL EQUIPMENT: i i A. Rafts: Constructed of a heavy-duty textile or comparable material outer layer, bonded to an interior rubber liner with rubber reinforced ends, or of comparable quality. B. Chairs/Lounges: Constructed of reinforced textile material and/or synthetic blend seat and backing, and adjustable hardwood frame capable of supporting afull-sized adult, or of comparable quality. Attachable leg rest optional. C. Umbrellas: Concession type with minimum six-foot center pole. Minimum six-ribbed valanced umbrella of heavy-duty construction. ~ I D. Boogie Boards: Constructed of 100% polyethylene foam or of comparable quality. All rental equipment shall be maintained in a safe and operable condition. The Franchisee agrees to make reasonable efforts to ensure that such rental equipment is maintained in aesthetically-pleasing condition, and to replace equipment periodically, as necessary, to comply with the aforementioned rental equipment requirements. FORM N0. Gd 2 G-~ ~: ~~~ Z * ~~° ~,b ~,.. M'44-s ~ BUR NA~ Policy Report PUBLIC BEACH LIFEGUARD SERVICES BACKGROUND Currently, at the Resort Area, lifeguard and beach rental services are being conducted by the Virginia Beach Lifesaving Service (VBLS) under a five (5) year franchise awarded by City Council in 1993. The beach areas include: Camp Pendleton, Croatan, Rudee Inlet to 40th Street and Fort Story. It was decided by City Council in August of 1992 that only one vendor would be solicited to provide services in the Resort Area. In late January of this year, City staff discovered that a franchise had been granted in 1988 by City Council to Mariner Associates to operate a lifeguard and beach rental service on the beach at 57th Street for a period of approximately four (4) months. Furthermore, although no franchise renewal has occurred since 1988, these activities have continued. CONSIDERATIONS By letter to Mr. Bill Kiley, EMS Administrator, dated April 10, 1995, Craig Mulderrig, the sole proprietor of Ocean North Rentals, the entity that has been providing lifeguard and beach rental services at 57th Street on behalf of Mariner Associates, asked to become part of the City~s Emergency Medical Service system. However, since the beach area at 57th Street is public property, City staff advised Mr. Mulderrig that in order to POLICY REPORT Public Beach Lifeguard Services June 9, 1995 Page 2 continue to provide lifeguard and beach rental services at 57th Street, he would have to meet all of the conditions imposed upon VBLS. Those conditions include, among other things, State EMS certification, equipment upgrades, compliance with applicable terms and conditions of the City's existing lifeguard franchise agreement, and the grant of a franchise by City Council. Since these conditions could not be met in time for the Memorial Day weekend, the City, on a temporary basis, included 57th Street with the beach areas covered by the VBLS franchise, and authorized VBLS to provide lifeguard and beach rental services at 57th Street until further notice. The inclusion of the 57th Street beach area into the existing VBLS franchise was at no additional cost to the City. Ocean North Rentals, on behalf of Mariner Associates, is still interested in providing lifeguard and beach equipment rental services at 57th Street and, therefore, has continued to seek State EMS certification, to upgrade its equipment, and to satisfy the other conditions necessary to be awarded a City franchise. ALTERNATIVES Based on the pleasure of City Council, the following options are available to resolve this issue. Options: 1. Continue with inclusion of the 57th Street beach area in the existing VBLS franchise until the franchise expires in 1997. 2. Grant a separate franchise for the 57th Street beach area to Mariner Associates for the remainder of this year through the 1997 season; provided Ocean North Rentals can meet the conditions previously set forth herein. At the end of the 1997 season, the City will be issuing an RFP to seek proposals for the provision of lifeguard and beach equipment rental services on designated publicly owned or leased beaches for the period of 1998-2002. At that time, regardless of which of the above-referenced options City Council chooses, the Council will again have an opportunity to determine whether to grant one overall franchise, or separate franchises for specific areas. POLICY REPORT Public Beach Lifeguard Services June 9, 1995 Page 3 ADVANTAGES /DISADVANTAGES one Franchise Advantages: o Easier to administer o Uniformity of stand to o Continuity of services stand communications from Rudee Inlet to Fort Story Disadvantages: o No revenue generation to the City ($100) o Loss of services should contractor default on franchise as no other certified private agency would exist. Two Franchises Advantages: o Revenue generation to the City ($100) o Redundancy of contractors should one default on franchise o A second certified agency potentially capable of responding to future RFPs for lifeguard services Disadvantages: o More difficult to administer ~ o Inability to communicate with other contractors' stands POLICY REPORT Public Beach Lifeguard Services June 21, 1995 Page 4 RECOn~~NDATIONS Either of these two options would satisfy the requirements for safe beach operations. Therefore, staff is requesting the direction of City Council on which option to implement. This will appear in your June 27, 1995 Agenda for action. Prepared by: Bruce W. wards Director of EMS ~ -21- 5S Date Approved by: 1 vl r. ames K. 'ty Manager ~ ~ ~, )fir ~- Dat ,~ 95060202.BWE -31 - Item IV-J. B. CONSENT AGENDA ITEM # 3941 G ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Courecilmmr Jones, City Council ADOPTED: Ordinances re annual compensation for City Council Appointees; a. City Manager (3%) $110,246.16 to $120,000.00 c. City Clerk (3%) $ 52,207.20 to $ 53,773.44 d. City Real (3%) $ 61, 484.16 to $ 63, 328.80 Estate Assessor Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Ilarold Heischober, Barbara M. Ilenley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Ilarrirorr, Jr. June 27, 1995 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 WHEREAS, City Council has evaluated the performance of 4 the City Manager; and 5 WHEREAS, based on this evaluation, City Council has 6 determined that an increase in the City Manager's compensation 7 would be appropriate. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That effective July 1, 1995, the salary of the City 11 Manager is hereby increased by three percent (3%) from a level of 12 $116,246.16 annually to a level of $120,000.00 annually. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia, on the 27 day of June 1995. 15 CA-6006 16 ORDIN\NONCODE\SALARY.JKS 17 R-2 18 PREPARED: June 22, 1995 APPROVED AS TO LEGAL SUFFIDIE~JCY 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 WHEREAS, City Council has evaluated the performance of 4 the City Clerk; and 5 WHEREAS, based on this evaluation, City Council has 6 determined that an increase in the City Clerk's compensation would 7 be appropriate. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: l0 That effective July 1, 1995, the salary of the City Clerk 11 is hereby increased by three percent (3%) from a level of 12 $52,207.20 annually to a level of $53,773.44 annually. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia, on the 27 day of June 1995. 15 CA-6004 16 ORDIN\NONCODE\SALARY.RHS 17 R-2 18 PREPARED: June 22, 1995 APPROVED AS TO LEGAL SUFFICIE~lCY 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL ESTATE 3 ASSESSOR 4 WHEREAS, City Council has evaluated the performance of 5 the City Real Estate Assessor; and 6 WHEREAS, based on this evaluation, City Council has 7 determined that an increase in the City Real Estate Assessor's 8 compensation would be appropriate. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That effective July 1, 1995, the salary of the City Real 12 Estate Assessor is hereby increased by three percent (3%) from a 13 level of $61,484.16 annually to a level of $63,328.80 annually. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the 27 day of June 1995. 16 CA-6007 17 ORDIN\NONCODE\SALARY.JB 18 R-2 19 PREPARED: June 22, 1995 APPROVED AS TO LEGAL SUFFICIENCY - 32 - Item IV-J. 8. b. CONSENT AGENDA ITEM # 39417 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance re annual compensation for City Council Appointees; City Attorney (3%) $ 57,550.08 to $ 90,176.64 A N D, RESCHEDULED a $5,000 Annual DEFERRED COMPENSATION for the CITY ATTORNEY TO JULY 11, 1995. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Yce Mayor William. D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Yoting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 WHEREAS, City Council has evaluated the performance of 4 the City Attorney; and 5 WHEREAS, based on this evaluation, City Council has 6 determined that an increase in the City Attorney's compensation 7 would be appropriate. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That effective July 1, 1995, the salary of the City 11 Attorney is hereby increased by three percent (3%) from a level of 12 $87,550.08 annually to a level of $90,176.64 annually. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia, on the 27th day of June 1995. 15 CA-6005 16 ORDIN\NONCODE\SALARY.LLL 17 R-4 18 PREPARED: June 27, 1995 -33- Item IV-J.9. CONSENT AGENDA ITEM # 39418 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Jorres, City Council ADOPTED: Ordinance authorizing License Refunds in d~.e amount of $$,914.35 upon applicatior2 of certain persons acrd upon Certification of the Commissioner of the Revenue. Toting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. I3rarzclT„ III, Robert K Dear, Harold Heischober, I3arhara M. Iler-ley, Louis R. Jones, Mayor Meyera E. Oherridorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Sirayhorn Council Members Toting Nay: Nora e Council Members Absent: William W. Harrison, Jr. June 27, 1995 ~,~„~.~.,...,~,,.3,.s AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Brown, Kelly A., CPA 2432 Bernadotte Court Virginia Beach, VA 23456 Dailey, Karin M. T/A A F T Services 4210 Jolor Way Virginia Beach, VA 23462 Dr. Forrest L. Haddock PC 1401 Greenbrier Parkway Chesapeake, VA 23320 1992-94 Audit $228.81 1995 4/24/95 $30.00 $30.00 1992-94 Audit $1,295.25 $1,295.25 $228.81 Certified as to Payment: ~~.~~~% obert P. Vaughan Commissioner of the Revenue Approved as to form: e lie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,554.06 were approved by the Council of the City of Virginia Beach on the 27 day of June ,19 95 Ruth Hodges Smith City Clerk ,~,~,~.~~..,,~,,.,,.. 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 BASE PENALTY INT. TOTAL PAID Stegall, Michelle M. 1993-94 Audit $10.00 $10.00 T/A Stegall Jewelry 1360 Ivywood Road Virginia Beach, VA 23456 Travis, Dennis 8~ Harry Furr IV T/A Pretzels By D & H 1992-94 Audit $39.00 $39.00 641 Minute Men Road Virginia Beach, VA 23462 Certified as to Payment: obert P. Vaugha Commissioner of the Revenue Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $49.00 were approved by the Council of the City of Virginia Beach on the 27 day of June X19 95 . Ruth Hodges Smith City Clerk ~~~.~.~.e~~.~,.~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Reed, Robert T., Sr. 1993-94 Audit $31.07 $31.07 T/A R T Reed 8~ Co./B 8~ M Fin. Serv. 1171 Dovetail Court Virginia Beach, VA 23464 Savage, Karen L. 1993-94 T/A Coastal Threads Clothing Co. 5320 Challedon Drive Virginia Beach, VA 23462 Spectrum Unlimited Inc. 1993-94 T/A Childrens Hospital Pediatric 601 Childrens Lane Norfolk, VA 23507 Audit $45.00 $45.00 Audit $3,671.18 $3,671.18 Certified as to Payment: obert P. Vaughan Commissioner o e Revenue Approved as to form: es ' L. Li le City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3,747.25 were approved by the Council of the City of Virginia Beach on the 27 day of June ,19 95 Ruth Hodges Smith City Clerk ~„~„~.~.~..,~~.3,.. 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 Oasis Systems Incorporated 2213 Windward Shore Drive 1992-94 Audit $43.15 $43.15 Virginia Beach, VA 23451 Patel, Amit S. 1993-94 Audit $140.00 $140.00 T/A Underground Cafe/Mr. Magics Rentals C/O Quick Food Mart 2126 Atlantic Avenue Virginia Beach, VA 23451 RBH Plumbing & Heating Co. Inc. 1007 N. Battlefield Blvd. 1992-93 Audit $373.19 $373.19 Chesapeake, VA 23320 Certified as to Payment: ert P. Vaughan' Commissioner of the venue Approved as to form: es ie L. Lil ey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $556.34 were approved by the Council C of the City of Virginia Beach on the 27 day of June ,19 Ruth Hodges Smith City Clerk ~~~.~.A.~.~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID McDonald, Jayne F. 1993-94 Audit $10.00 $10.00 T/A Madisonne Dominique Antiques 1636 Morris Avenue Norfolk, VA 23509 Mengs Oriental Bakery Inc. 4033 Sarsfield Street 1993-94 Audit $52.51 $52.51 Virginia Beach, VA 23456 North Star Construction Corp. P.O. Box 5455 1993-94 Audit $416.16 $416.16 Virginia Beach, VA 23455 Certified as to Pa/y//me.~n~t/: l /f ~i~ vRobert P. Vaughan Commissioner of the Revenue Approved as to form: I' L. Lil ey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $478.67 were approved by the Council of the City of Virginia Beach on the 27 day of June 19 95 Ruth Hodges Smith City Clerk ~„~,~.~,,..„~~.~,.. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID KZK Corp. 1995 T/A Pier Cafe 2350 Starfish Road Virginia Beach, VA 23451 Lloyd, Elizabeth B. 1992-94 T/A Lloyd Paralegal Services 885 Northwood Drive Virginia Beach, VA 23452 Markham, Alfred A. 1992-94 T/A Markham Home Improvements 1100 Orkney Drive Virginia Beach, VA 23464 4/19/95 Audit Audit $1,650.00 $30.00 $56.00 Certified as to Payment: bert P. Vaug an Commissioner of the Revenue Approved as to form: C sli L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,736.00 were approved by the Council of the City of Virginia Beach on the 27 day of June 19 95 $1,650.00 $30.00 $56.00 Ruth Hodges Smith City Clerk „w,,,~.~x„~,,.,,,. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Forrest, Andrew M. 1993-94 Audit $35.51 $35.51 T/A E C P M Pool Service 457 Great Bridge Blvd. Chesapeake, VA 23320 Furmanite America Inc. 1993-94 Audit $504.27 $504.27 2645 International Pkwy. Virginia Beach, VA 23454 Hampton Roads Wholesalers Inc. T/A Heidy's 1994 Audit $253.25 $253.25 9616 Hosier Street Newport News, VA 23601 Certified as to Payment: obert P. Vaug n Commissione the Revenue Approved as to form: Le ie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $793.03 were approved by the Council of the City of Virginia Beach on the 27 day of June ,1 g 95 Ruth Hodges Smith City Clerk -34- Item IV-J.IO CONSENT AGENDA ITEM # 39419 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $8,230.98 upon application of certain persons acrd upon Certification of the City Treasurer for payment. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Li-iwood O. BraJrch, III, Robert K Dcan, Harold Heischober, Barbara M. Hcnley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker,, Vice Mayor William P. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 FORM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Year Type of Tax Ticket Exonera- Number tion No. Date penalty Paid Int. Total Larry E & Charlotte A Holtry 95 RE~1/2) 054860-2 3/29/95 10.83 Walter J Blasczak et al 95 RE(1/2) 010303-9 12/5/95 285.00 Hampton Rds Sanitation Dist 95 RE(1/2) 115815-7 12/5/95 5894.10 John W Richards 95 RE(1/2) 098416-8 12/5/94 71.25 TG & KG Christopoulos 95 RE(1/2) 021195-7 12/5/94 399.00 James L & Tina M Locher 93 RE(1/2) 104536-1 12/4/92 8.55 James L & Tina M Locher 93 RE(2/2) 104536-1 5/29/93 8.55 James L & Tina M Locher 94 RE(1/2) 070031-3 11/23/93 6.71 James L & Tina M Locher 94 RE(2/2) 070031-3 5/27/94 6.71 Percy L Jones Jr & HarrietTr 95 RE(1/2) 060904-7 12/5/94 1030.47 Maxwell & Salley Sanders 95 RE(1/2) 103205-1 3/27/95 55.04 Craig W Dale 95 RE(1/2) 027187-4 3/20/95 83.28 Cassina Tarsia 95 RE(1/2) 007513-1 1/23/95 86.28 First Union Mort Corp 95 RE(1/2) 080816-2 11/23/94 8.70 S Neil & Stephanie C Morrison 95 RE(1/2 )' 083345-6 11/22/94 91.20 Harry Alexander Allen III & M 92 RE(2/2) 131385-9 6/5/92 161.31 Karen S Wollard N/A Pkng 834172 5/19/95 12.00 Mary Daugherty N/A Pkng 834158 5/3/95 12.00 Total This ordinance shall be effective from date of adoption. The~~b~y3~ ~~tement(s) totaling were approved by the Council of~~e City of VJirnginia1995 Beach on the day of u e' Ruth Hodges Smith City Clerk 8,230.98 Approved as to form: Cer ifi a to pay n , Joh T. A kinson, Treasurer eslie L. Lilley,.City Attorne -35- Item III J.11 RESOLUTION ITEM # 39420 ADD-ON Upon motion by Yzce Mayor Sessoms, seconded by Councilman Heischober, City Council AGREED TO ADD TO THE AGENDA: Resolution expressing the appreciation and thanks of City Council to the Congressional Delegation and all those who worked to make Oceana, Fighter Town USA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean and William W. Harrison, Jr. June 27, 1995 -39- Item N-K 1. PUBLIC HEARING ITEM # 39424 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items 4, 5, 10, 11, 12, 13, 15 and 16 of the PLANNING BY CONSENT AGENDA. Item 4 was APPROVED for INDEFINITE DEFERRAL. Item S was APPROVED for INDEFINITE DEFERRAL. Item l6 was APPROVED for DEFERRAL to July Il, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober**, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. *. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr., *Vice Mayor Sessoms ABSTAINED on Item K11, application of KLINE PROPERTIES, a Vrginia General Partnership for a Conditional Use Permit, as his bank does business with th applicant **Councilman Heischober ABSTAINED on Item K12, application of CHARLES BARKER ENTERPRISES, INC. Ground Lessee, for a Conditional Use Permit, as he owns the real estate. June 27, 1995 -40- Item IV-K2. PUBLIC HEARING ITEM # 39425 PLANNING Richard Browner, represented the applicant Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council MODIFIED CONDITION NUMBER FIVE re: City's AICUZ industrial policy's aesthetic guidelines in the May 5, 1986, Approved Application of T.C.C. DEVELOPMENT CORP for Change of Zonings in behalf of TAYLOR GROUP OF VA., INC.: Application of Taylor Group of YA, Inc. for the reconsideration of conditions placed on the application for a Change of Zoning from AG-1 and AG-2 to I-2 on May 5, 1986. Property is located on the north side of London Bridge Road, 250 feet more or less southeast of the intersection with Shipps Corner Road. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Established aesthetic guidelines in the City's AICUZ industrial policy: A through K (Guideline F shall be deleted). 2. Taylor Group of Yrginia, Inc., will construct a four to six foot undulating berm within the 50' landscape easement along London Bridge Road. 3. The berm will be constructed with a 4:1 slope for ease of maintenance. 4. The berm will be landscaped in a manner comparable to the berm in front of Lillian Vernon and complying with the Corporate Landing standards. 5. General Foam Plastics Corporation and all future site owners in Oceana South Industrial Park will be required to adhere to the "Signage Criteria for Oceana South Industrial Parr Virginia Beach, Virginia "; prepared by Owen Advertising and Design, dated June 27, 1995. Copies are on file in the Yrginia Beach Planning Department. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -41- Item IV-K3. PUBLIC HEARING ITEM # 39426 PLANNING Michael Levinson, represented the applicant Upon motion by Yce Mayor Sessoms, seconded by Councilman Branch, City Council MODIFIED CONDITIONS NUMBER ONE AND TWO re: Parasailing activities in the March 22, 1994, Approved Application and CONFIRMED MODIFICATION MADE TO CONDITION NUMBER THREE re: Tenure of approval for two (2) years on February 24, 1995, for BIG BERTHA INVESTMENTS, a Virginia General Partnership, in the approved Conditional Use Permit for an outdoor recreational facility: ORDINANCE UPON APPLICATION OF BIG BERTHA INVESTMENTS FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (RENTAL OF WATER RECREATIONAL VEHICLES) 803941887 BE Tl HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Big Bertha Investments for a Conditional Use Permit for a recreational facility of an outdoor nature (rental of water recreational vehicles) on the south side of Shore Drive, west of Vsta Circle. Said parcel is located at 3319 Shore Drive and contains 27,390.52 square feet. LYNNHAVEN BOROUGH. The following conditions shall 6e required: 1. The parasailing operation is approved for a two year time period to run concurrently with the existing use permit for the jet skis/wave runner rentals. 2. The parasailing activities would consist of loading and unloading parasailer passengers who would be taken into the Chesapeake Bay where the parasailing activities will be conducted. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Yoting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 - 42 - Item IV-K 4. PUBLIC HEARING ITEM # 39427 PLANNING Upon motion by Yce Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED INDEFINITELY, the Application of VICTOR M. WEST for the enlargement of a nonconforming use at 4100 Charity Neck Road re addition of second story (storage and living quarters) to existing structure, Application of Yctor M. West for the enlargement of a nonconforming use on property located at 4100 Charity Neck Road. Said parcel contains 24,040.76 square feet. PUNGO BOROUGH. Voting: IO-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 - 43 - Item IV-K 5. PUBLIC HEARING ITEM # 39428 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED INDEFINITELY, the Application of JAMES M. GRUSZECZKA for the conversion of a nonconforming use at 408 27th Street re converting asingle-family dwelling to a garage apartment Application of James M. Gruszeczka for the conversion of a nonconforming use on certain proeprty located at 408 27th Street. Said parcel contains 7,000 square feet. VIRGINIA BEACH BOROUGH. The Planning Commission was requested to review the Ordinance on nonconforming use and respond with recommendations. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -44- Item IV-K6. PUBLIC HEARING ITEM # 39429 PLANNING Attorney Richard H. Doummar, Beach Tower, Suite 200, 3330 Pacific Avenue, Phone: 422-0061, represented the applicant Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council APPROVED, SUBJECT TO COMPLIANCE OF CONDITIONS BY JANUARY 9, 1996, the Petition of BAY PROPERTIES for the discontinuance closure and abandonment of a portion of Reliance Drive: Petition of Bay Properties for the discontinuance, closure and abandonment of a portion of Reliance Drive beginning at a point 505.74 feet west of International Parkway and running in a westerly direction a distance of 555 feet more or less. Said parcel contains 35,817 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required; 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. The value of the area to be dedicated for the new cul-de-sac will be deducted from the purchase price. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. 3. The applicant is responsible for removing the existing road improvements and constructing the new cul-de-sac and related improvements. Dedication of right-of-way for the new cul- de-sac to City standard is required on the final plat. Improvements must be completed with site development. 4. A temporary easement satisfactory to Public Utilities is required over the water and sewer lines and related facilities existing in the right-of-way proposed for closure. Relocation and/or removal of certain facilities at the expense of the applicant will be determined during site development. 5. The applicant is responsible for dedicating appropriate easements for any private utilities located within the right-of- way proposed for closure, if required. 6. A revised ordinance closing the right-of-way shall 6e redrawn to contain a "save and except" clause for the utility easement and submitted to the City Attorney's Office. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated condition within 180 days of the approval 6y City Council (January 9, 1996). June 27, 1995 -45- Item IV-K 6. PUBLIC HEARING ITEM # 39429 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr June 27, 1995 -46- Item IV-K 7. PUBLIC HEARING ITEM # 39430 PLANNING R J. McGinnis, McGinnis Realty & Development Company, 968 South Oriole Drive, represented the applicant A motion was made by Councilman Dean to ADOPT the Ordinance upon application of McGINNIS REALTY and DEVELOPMENT COMPANY for a Change of Zoning District Classification from R-10 Residential District to R-15 Residential District. MOTION FAILED for lack of a Second. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED the Ordinance upon application of McGINNIS REALTY and DEVELOPMENT COMPANY for a C n~2e Zoning District Classification to R-10: ORDINANCE UPON APPLICATION OF McGINNIS REALTY & DEVELOPMENT COMPANY FOR A CIIANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO ~~ R-10 207951453 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of McGinnis Realty & Development Company for a Change of Zoning District Classification from R-20 Residential District to ~-R-10 Residential District on the east side of General Booth Boulevard 292.18 feet south of Red Mill Boulevard. The Comprehensive Plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 11.1 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Yrginia Beach, Yrginia, on the Twenty-seventh of June, Nineteen Hundred and Nine -Five. Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K Dean Council Members Absent: William W. Harrison, Jr June 27, 1995 -47- Item IV-K8. PUBLIC HEARING ITEM # 39431 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Baum, the Applications of NORMA R. and DONALD R. LANCASTER re property at the Southwest Intersection of Dam Neck Road and Bold Ruler Drive, (PRINCESS ANNE BOROUGH), City Council: MODIFIED THE PROFFERS in the February 9, 1993, Adopted Ordinances Upon Application for Conditional Changes of Zoning (PRINCESS ANNE BOROUGH). The recorded proffer agreement shall be amended as follows: 1. The prior agreement, except to the extent it is modified by this document, is hereby incorporated by reference but shall apply only to the portion of the property described in the prior agreement which will remain zoned BI A. 2. Paragraph #2 of the prior agreement shall be amended to read as follows: Grantor shall not remove any trees with a ten inch (10") or larger caliper, within fifteen feet (15') of the Southernmost property line of the portion of the property zoned B-IA Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Norma Lancaster. Property is located on the south side of Dam Neck Road, west of Bold Ruler Road. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF NORMA LANCASTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 to R-20 207951454 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Norma Lancaster for a Change of Zoning District Classification from AG-2 Agricultural District to R-20 Residential District on certain property located 500 feet more or less south of Dam Neck Road beginning at a point 150 feet west of Bold Ruler Drive. The proposed zoning classification change to R-20 is for single-family residential land use on lots no less than suburban high density residential at densities that are compatible with single-family townhouse use in accordance with other plan policies. Parcel contains 10,000 square feet. PRINCESS ANNE BOROUGH. AND June 27, 1995 -48- Item IV-K 8. PUBLIC HEARING ITEM # 39431 (Continued) PLANNING ORDINANCE UPON APPLICATION OF NORMA LANCASTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-ZA to R-20 207951455 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACN, VIRGINIA Ordinance upon application of Norma Lancaster for a Change of Zoning District Classification from B-IA Limited Community Business to R-20 Residential District on the west side of Bold Ruler Drive beginning at a point 500 feet more or less south of Dam Neck Road. The proposed zoning classification change to R-20 is for single family residential land use on Lots no less than 20,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 15,942 square feet. PRINCESS ANNE BOROUGH. These Ordinances shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Vrginia Beach, Virginia, on the Twenty-seventh of June, Nineteen Hundred and Nine , -Five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr June 27, 1995 -49- Item IV-K 9. PUBLIC HEARING ITEM # 39432 PLANNING Wendell A. White, Senior Yce President, The Breeden company, Inc., 56 Lynnhaven Parkway, Phone: 463-9164, represented the applicant. Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council APPROVED the applications of MOORS FARM ASSOCLATES for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all requirements of the City Zoning Ordinance for a Change of Zoning District Classification: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Moore Farm Associates. Property is located at the northwest corner of Wesleyan Drive and Heatherwood Drive. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF MOORS FARM ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to A-12 207951456 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Moore Farm Associates for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-12 Apartment district at the northwest corner of Wesleyan Drive and Heatherwood Drive. The proposed zoning classification change to A12 is for multi family land use at a density no greater than 12 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for retail/service use in accordance with other Plan policies. Said parcel contains 5.132 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. Preservation of the trees along the South side of Hickory Ridge. 2. Various other conditions may be required during subdivision review. These Ordinances shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Vrginia, on the Twenty-seventh of June, Nineteen Hundred and Nine , -Five. June 27, 1995 -50- Item IV-K 9. PUBLIC HEARING ITEM # 39432 PLANNING Voting: IO-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr June 27, 1995 nri60 122 BK35 I I PG 1565 AGREEMENT THIS AGREEMENT made this 26thday of A~ri1 , 1995, by and between MOORE FARM ASSOCIATES, a Virginia general partnership, hereinafter called "Grantor" and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS The Grantor is the record fee simple owner of the property (the "Property") located in Bayside Borough, City of Virginia Beach, Virginia and described in Exhibit A attached hereto and incorporated into this Agreement, Grantor has initiated an Amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the zoning classification of the Property from B-2 Commercial District to A-12 Residential District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia adopted April 18, 1988 as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). The Grantee's policy is to provide only for the orderly development of land for various purposes and including commercial purposes, through zoning and other land development legislation. The Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing the use of the Property, in addition to the regulations generally 1 i ~ t~~:~~~ir~~~e~ applicable to land zoned A-12 as specified in the Zoning Ordinance, are required to address the project proposed in the Grantor's zoning application. Grantor has voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the zoning map with respect to the Property, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and applicable to the Properly, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. The conditions outlined in this Agreement have been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement maybe amended only by following the procedures and recording the documents as outlined and required in the Zoning Ordinance. WITNESSETH NOW THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit for subdivision 2 GIt351 IPG156~ approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Properly, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title. a. The illustrative plan submitted by the Grantor to the Department of Planning with this Agreement and entitled "Cypress Point Townhouses For The Breeden Company" dated January 20, 1995 (the "Plans") is incorporated herein by reference and forms a part of this Agreement. b. The exterior of the dwellings to be constructed on the Property shall consist of brick veneer with vinyl siding as depicted on the proposed elevations submitted by the Grantor to the Department of Planning with this Agreement and entitled "Townhouse Plans For Moore Farm Associates" dated February 27, 1995 (the "Elevations") which are incorporated herein by reference and form a part of this Agreement. c. The Grantor covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order in writing that any non-compliance with such conditions be remedied 3 i and (b) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. 2. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate. 3. If aggrieved by any decision of the Zoning Administrator made pursuant to these provisions, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. MOORS FARM ASSOCIATES, A Virginia general partnership By: The BREEDEN COMPANY, INC., a Virginia corporation Authorize Agent By: Alan K. Little, President STATE OF VIRGINIA CITY OF VIRGINnIA BEACH, to-wit: I, ~YQ 17 /~ ~ rlC ~ ~ ~ ~~ , a Not Public in and for the Ci and State ~'Y h' aforesaid, do h reby certify that Alan K. Little, President of The Breeden Company, Inc., a Virginia corporation, Authorized Agent for MOORS FARM ASSOCIATES, a Virginia gen~ i}larlners ' ,whose name as such is signed to the foregoing instrument bearing date on ~` y of li` 1995, have acknowledged the s before me in my said City and State. / GIVEN under my hand this ,3D ~ day of ~i l 1995. ~J Notary Public My Commission Expires: ~~ ~` 4 g~351 IPG1569 EXHIBIT A ALL THOSE certain lots, pieces or parcels of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and known, lettered and designated as "Parcel G-1, 4.340 Acre" and "Parcel H-1, 0.792 Acre" as shown on that certain plat entitled "Resubdivision of Parcel G and Parcel H, of Cypress Point North (D.B. 2734, P. 606-614), Bayside Borough, Virginia Beach, Virginia, Scale 1 "=50', April 1989" which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 190, at page 92. /moore.exh RECORDED `'dl~ H CERTIFICATE All~,_XE.D 95 JU'~ 30 PM 3~ 27 X55.1 i ~ , ~ ••Y 'a ~ ~,i ~ r-"`..~ -51 - Item IV-K 10. PUBLIC HEARING ITEM # 39433 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED BY CONSENT the Application of SHOREBAY BUILDERS, ING, for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all requirements of the City Zoning Ordinance Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Shorebay Builders, Inc. Property is located on the northwest side of Dwyer Road, 548.31 feet northeast of Old Dam Neck Road. PRINCESS ANNE BOROUGH. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 - 52 - Item IV-K 11. PUBLIC HEARING ITEM # 39434 PLANNING Upon motion by Yce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of KLINE PROPERTIES, a Yrginia General Partnership, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KLINE PROPERTIES, A VIRGINIA GENERAL PARTNERSHIP FOR A CONDITIONAL USE PERMTI' FOR AN AUTOMOBILE REPAIR FACILITY 807951968 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kline Properties, a Yrginia General Partnership, for a Conditional Use Permit for an automobile repair facility on the south side of Dean Drive, 250 feet more or less east of Lynnhaven Parkway. Said parcel contains 1.374 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. All auto repair work must be conducted inside the building and there will be no outside storage of auto spare parts or equipment. 2. A request for a variance to required Category VI screening must be considered by the Board of Zoning Appeals. 3. Site improvements shall be in accordance with the submitted plan entitled "R. K Chevrolet Body Shop'; dated December 15, 1994. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Yrginia, on the Twenty-seventh of June, Nineteen Hundred and Nine , -Five. June 27, 1995 - 53 - Item Iij K11. PUBLIC HEARING ITEM # 39434 (Continued) PLANNING Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Yce Mayor William D. Sessoms, Jr. Council Members Absent: William W. Harrison, Jr. Vice Mayor Sessoms ABSTAINED as he is an officer in Central Fidelity Banl~ which does business with the applicant. June 27, 1995 -54- Item IV-K 12. PUBLIC HEARING ITEM # 39435 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of CHARLF,S BARKER ENTERPRISES, INC., Ground Lessee, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHARLES BARKER ENTERPRISES, INC., GROUND LESSEE, FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES 807951969 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Charles Barker Enterprises, Inc., Ground Lessee, for a Conditional Use Permit for automobile sales & service on the south side of Laskin Road, east of Maxey Drive. Said property is located at 1877 Laskin Road and contains 5.035 acres. LYNNHAVEN BOROUGH. T3~e following condition shall be required: 1. All auto repair work must be conducted inside the building and no outside storage of parts or equipment is permitted Theis Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Yrginia Beach, Virginia, on the Twenty-seventh of June. Nineteen Hundred and Ninety-Five. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: William W. Harrison, Jr. Councilman Heischober ABSTAINED as he owns the real estate. June 27, 1995 -55- Item IV-K 13. PUBLIC HEARING ITEM # 39435 PLANNING Upon motion by Yce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of LYNNHAVEN UNITED METHODIST CHURCH for a Conditional Use Permit for a church (addition) ORDINANCE UPON APPLICATION OF LYNNHAVEN UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (ADDITION) 807951970 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lynnhaven United Methodist Church for a Conditional Use Permit for a church (addition) on the southwest side of Little Neck Road, 393.71 feet southeast of Staceywood Court. Said parcel is located at 1033 Little Neck Road and contains 3.4434 acres. LYNNHAVEN BOROUGH. Voting: 10-0 (By Consent) Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -56- Item IV-K 14. PUBLIC HEARING ITEM # 39436 PLANNING Gary Haste, 1908 W. Twin Cove Road, Phone: 481-3007, Hoggard, Eure, Associates, represented the applicant Manning Merritt, 1908 W. Twin Cove Road, Phone: 481-3007, Hoggard, Eure, Associates, represented the applicant Upon motion by Yce Mayor Sessoms, seconded by Council Lady Henley, City Council ADOPTED the Ordinance upon Application of TIDEWATER WESTMINSTER HOMES, INC., for a Conditional Use Permit: ORDINANCE UPONAPPLICATION OF TIDEWATER WESTMINISTER HOMES, INC. FOR A CONDTlIONAL USE PERMIT FOR A HOME FOR THE AGED 807951971 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Westminister Homes, Inc. for a Conditional Use Permit for a home for the aged on certain property located at the southwest corner of Shore Drive and Sunstates Court. Said parcel contains 1.891 acres. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Prior to any building permit being issued all billboards must be removed from the site. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Yzrginia Beach, Yrginia, on the Twenty-seventh of June. Nineteen Hundred and Nine_ -Five. Voting: 8-2 Council Members Voting Aye: John A. Baum, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor William D. Sessoms, Jr. Council Members Voting Nay: Linwood O. Branch, III and Louisa M. Strayhorn Council Members Absent: William W. Harrison, Jr. Tune 27, 1995 -57- Item IV-K 15. PUBLIC HEARING ITEM # 39437 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED Ordinances upon application of ELLIS GIBBON DEVELOPMENT GROUP for Changes of Zoning.• ORDINANCE UPON APPLICATION OF ELLIS GIBBON DEVELOPMENT GROUP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SS to RT-3 207951457 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Ellis Gibson Development Group for a Change of Zoning District Classification from R-SS Residential Single Family District to RT-3 Resort Tourist District on the northern 90 feet of Lots 11, 13, I5, 17 & 19, Block 6, Yrginia Beach Development Company. The proposed zoning classification change to RT-3 is for mix land use including parking lots for retail establishments. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel is located on the east side of Baltic Avenue, 50 feet north of 27th Street and contains 27,000 square feet. VIRIGNIA BEACH BOROUGH. AND, ORDINANCE UPON APPLICATION OF ELLIS GIBBON DEVELOPMENT GROUP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SS to P-1 207951458 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ellis Gibson Development Group for a Change of Zoning District Classification from R-SS Residential Single Family District to P-1 Preservation District on the southern 50 feet of lots 11, 13, I5, 17 & 19, Block 6, Virginia Beach Development Company. The proposed zoning classification change to P-1 is for preservation land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel is located at the northeast corner of Baltic Avenue and 27th Street and contains 15,000 square feet. VIRGINIA BEACH BOROUGH. These Ordinances shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Yrginia Beach, Yrginia, on the Twenty-seventh of June. Nineteen Hundred and Nine , -Five. June 27, 1995 -58- Item IV-K 15. PUBLIC HEARING ITEM # 39437 (Continued) PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -59- Item IV-K 16. PUBLIC HEARING ITEM # 39438 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED UNTIL JULY Il, 1995, CITY COUNCIL SESSION the Applications of DEVELOPMENT OPTIONS, INC., for Conditional Changes of Zoning District Classification: ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS, INC. FORA CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO B-2 Ordinance upon application of Development Options, Inc., for a Conditional Change of Zoning District Classification from R-SD Residential Duplex District to B-2 Community Business District at the northwest intersection of Lynnhaven Parkway and Princess Anne Road. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel contains 20.30 acres. KEMPSVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS, INC. FORA CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO B-2 Ordinance upon application of Development Options, Inc., for a Conditional Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community Business District on the southwest side of Princess Anne Road beginning at a point 290 feet more or less northwest of Lynnhaven Parkway. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for industrial use in accordance with other Plan policies. Said parcel is located at 4233 Princess Anne Road and contains 23.44 acres. KEMPSVILLE BOROUGH. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -60- Item IV-L.1. APPOINTMENTS ITEM # 39439 Upon NOMINATION by Yce Mayor Sessoms, City Council APPOINTED: CBPA -CHESAPEAKE BAY PRESERVATION AREA BOARD Anne Henry Unexpired Term plus 3 Years - 12/31/98 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -61 - Item IV-L.2. APPOINTMENTS ITEM # 39440 Upon NOMINATION by Yce Mayor Sessoms, City Council REAPPOINTED: HRPDC -HAMPTON ROADS PLANNING DISTRICT COMMISSION 2-Year Terms Robert K. Dean Nancy K Parker James K. Spore 07/Ol/95 - 06/30/97 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 - 62 - Item IV-L.3. APPOINTMENTS ITEM # 39441 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: RAAC -RESORT AREA ADVISORY COUNCIL Leon Coleman Unexpired Term plus 3 Years - 12/31/98 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -63- Item IV-L.4. APPOINTMENTS ITEM # 39442 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: SOCL4L SERVICES BOARD 4-Year Term Ronald D. Madison 07/01/95 - 06/30/99 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -64- Item IV-L.S. APPOINTMENTS ITEM # 39443 Upon NOMINATION by Yce Mayor Sessoms, City Council REAPPOINTED: TCC -TIDEWATER COMMUNITY COLLEGE 4-Year Term Stanley Waranch 07/01/95 - 06/30/99 Young: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -65- Item IV-L.S. APPOINTMENTS ITEM # 39444 As per direction of City Council, documents are pending re the dissolution: TOWING ADVISORY BOARD June 27, 1995 -66- Item IV-L.6. APPOINTMENTS ITEM # 39445 BY CONSENSUS, City Council CONFIRMED Court Order Appointment: BOARD OF ZONING APPEALS Albert W. Balko, Alternate 5-Year Term 09/01 /95 - 08/31 /2000 June 27, 1995 -67- Item IV-N.I.a. NEW BUSINESS ITEM # 39446 COUNCIL-SPONSORED ITEMS MOSS -VIRGINIA BEACH SISTER CITY ASSOCL4TION, INC. re Moss' 275th Celebration -August 1995 (Sponsored by Mayor Meyera E Oberndorf and Vice Mayor W. D. Sessoms, Jr.) Kay Griggs, President -Moss -Virginia Beach Sister City Association, Inc., advised of citizens accompanying Mayor Oberndorf to Moss, Norway for the 275th Celebration on August 10 thru August 20, 1995. This will be the Seventh Official Visit from Yrginia Beach to Moss, since Moss became the first official Sister City on September 22, 1962. The citizens of Moss are sponsoring the visit and have extended the City Council an invitation to join the representative group. The group will spend five days in Moss, with the trip ending in Oslo, Norway. Mrs. Griggs advised the Neptune Festival was founded by the Norwegians and distributed an original poster (1983) from the Neptune Festival. This item was MOVED FORWARD to the beginning of the FORMAL SESSION. June 27, 1995 -68- Item IV-N.1. b. NEW BUSINESS ITEM # 39447 COUNCIL-SPONSORED ITEMS Lake Edward Neighborhood Advisory Council -Neighborhood Safety. (Sponsored by Councilman Louis R. Jones) The following spoke relative Neighborhood Safety: Reverend Robert Lundquist, Good Samaritan Episcopal Church, 848 Baker Road, Phone: 497-0729 Elizabeth Bryant, 5600 Banbury Court, Phone: 497-1745 Michael Wilson, 628 Timon Court, Phone: 499-0482 Carol Johnson, 814 Hampstead Court, Phone: 455-3341 Dr. Elsie M. Barnes, 818 Hampstead Court, Phone: 499-9314 City Council requested the City Manager and City Attorney assign staff to resolve citizen concerns for a safe living environment. This item was MOVED FORWARD to the beginning of the FORMAL SESSION. June 27, 1995 -69- Item IV-N.2. NEW BUSINESS ITEM # 39448 Abstract of Yotes cast in the Republican Party Primary Election held on June 13, 1995, will be recorded by the City Cleric June 27, 1995 -70- Item IV-0.1. RECESS INTO EXECUTIVE SESSION ITEM # 39449 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Yrginia, as amended for the following purpose: LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Lake Gaston Water Supply Project. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (10:05 P.M.). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 -71- Item IV-0.1. ITEM # 39450 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 27, 1995, at 10:50 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: William W. Harrison, Jr. June 27, 1995 -72- Item IV-P.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39451 Upon motion by Yce Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Yrginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. June 27, 1995 ~y o~ 9,9 'FS OF- i ~r ~~. 0 NAT~~~ ~Rr~nlixtintc CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39449 Page No. 70 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiCcation by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R Hodges Smith, CMC/AAE City Clerk June 27, 1995 -73- Item IV-O. ADJOURNMENT ITEM # 39452 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:52 P.M.. _____ ________ Beverly .Hooks, CMC Chief Deputy Ciry Clerk R Hodges Smcth, CMC/AAE City Clerk City of Yrginia Beach Virginia Meyera E. Oberndorf Mayor June 27, 1995