JUNE 9, 1992 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYE@ E. O.EMWU, A,
VICE IYOR ROBERT E. PENT@@, V,,i.i. ---l'
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June 9, 1992
ITEM 1. CITY MANAGER'S BRIEFINGS - Council Cha@er - 11:30 AM
A. MARINE SCIENCE MUSEUM EXPANSION
Mac Rawls, Director
B. OCEAN PARK DRAINAGE PHASE 11 and
CITY BOAT LANDING FACILITY/MARLIN BAY LANE
Arthur R. Shaw, City Engineer
ITEM 11. INFORMAL SESSION - Council Chaffber - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chawber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend William E. Austin, Jr.
Virginia Beach Christian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - June 2, 1992
G. MAYOR'S PRESENTATION
1. UP WITH PEOPLE ADVANCE TEAM
Lee Banks, Optimist Club
H. CONSENT AGENDA
A I I matters I i sted under the Consent Agenda are cons i dered in the
ordinary course of business by City Counci I and wi I I be enacted by
one motion in the form listed. if an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution requesting the Commc>nwealth of Virginia convey to the
Ci ty of V I rg i n I a Beach, at no add i t i ona I cost, a I I r I ghts-of -way
now vested in the Commonwealth re extension of Great Neck Road from
0.012 miles North of its intersection with Shorehaven Drive to Its
intersection with Shore Drive (Great Neck Road Phase I I - VDOT
Project Nunter UOOO-134-108, R/W 201).
2. Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the
City of Virginia Beach, Virginia re bird sanctuaries:
Bellamy Plantation/ Kempsville Borough
Rosemont Forest Elementary School
3. Ordinance authorizing relffbursement of $350-00 and $500.00,
respectively, re legal expenses incurred by two (2) Sheriff's
Deputies in the performance of their duties. (Virginia Code
Section 15.1-131.6)
4. Ordinance to ACCEPT and APPROPRIATE a $10,000 gift from the Cape
Henry Women's Club re purchase of a horse trailer for use by the
Police Department's Mounted Patrol Unit.
5. Ordinance to APPROPRIATE $4,770 from the E911 fund re acquisition
of an uninterruptable power supply (battery) for the E911 telephone
system.
6. Ordinance to ACCEPT and APPROPRIATE $1,314 from the State Division
of Medical Services Two-For-Life Program re purchase of classroom
chairs for the Ermrgency Medical Training Center.
7. Ordinance to TRANSFER $39,870 within the FY 1991-1992 Police
Department budget re acquisition of twelve (12) portable radios for
the Resort Area.
8. Ordinance to TRANSFER $26,779 to the Tax Exeoption Program for the
Elderly and Di'sabled from the Reserve for Contingencies.
9. Ordinance authorizing a temporary encroachment into a portion of
City-owned property known as the waters of Lake Wesley to
F. Wayne and Faye E. McLeskey re eight (8) proposed finger piers
and forty-three (43) mooring piles (LYNNHAVEN BOROUGH).
10. LOW BID with advance notice to proceed:
HENDERSON, INC. Refuse Collection/ $885,000.00
Garage Facility
Phase I - CIP 3-989
11. Ordinance authorizing special tax refund in the amount of
$2,982.20.
12. Ordinance authorizing tax refund in the amount of $1,313.53.
13. Ordinance authorizing license refund in the amount of $6,883.38.
1. ORDINANCES
1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
a. Chapter 24, by ADDING Section 24-6 re use of public parks.
b. Section 4-1, and ADDING Section 4-1.1 re permits to conduct
special events.
c. Section 27-3 re fees for police services.
d. REPEALING Section 23-14.1 re public meetings.
2. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
a. Section 21-398 re parking meters.
b. Article Xi of Chapter 21 by ADDING Division 4, Sections 21-
440.1 through 21-440.11 re residential parking permits.
3. Ordinance to TRANSFER $300,000 from Beach Erosion and Hurricane
Protection Project (CIP 2-704) to Marine Science Museum Expansion
Design (CIP 3-002) re continuance of architectural design phase.
J. PUBLIC HEARING
1. PLANNING BY CONSENT
a. Application of STAR OF THE SEA CATHOLIC CHURCH for a Change of
Zoning District Classification from R-5S Residential Single-
Family District to R-T3 Resort Tourist District at the
Northwest corner of Pacific Avenue and 14th Street, containlng
43,124 square feet (VIRGINIA BEACH BOROUGH).
Recommendation: APPROVAL
b. Application of P & D OF NORFOLK, INC. for a Conditional Use
Permit for an automobile repair establishment on the East side
of North Great Neck Road, 500 feet North of Mi I I Dam Road
(1424 North Great Neck Road), containing 36,000 square feet
more or less (LYNNHAVEN BOROUGH).
Recomn)endation: APPROVAL
2. PLANNING - RECONSIDERATIONS
a. RECONSIDERATION OF CONDITION NUMBERS ONE, SIX and SEVEN in the
March 24, 1992, approved Appi ication of BUNGEE THRILLS, INC.,
for a Conditional Use Permit for a recreational and amuserwnt
facility of an outdoor nature (bungee jumping) on the West side
of Atlantic Avenue, South of 3rd Street, containing 1.6 acres
(LYNNHAVEN BOROUGH).
b. RECONSIDERATION OF CONDITION NUMBER ONE in the June 1, 1987,
approved Application of GALE M. and DAVID 1. LEVINE, for a
Change of Zoning District Classification from A-1 Apartment
District to A-4 Apartment District at the Southeast corner of
North Great Neck Road and LynnFa-ven Drive, containing 12.36
acres (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
3. PLANNING
a. Application of WILLIAM and SHELLEY STALLINGS for a Variance to
Section 4.4(d) of the Subdivision Ordinance which requires that
all lots created by subdivision meet all requirements of the
City Zoning Ordinance at 2508 Little Lake Court, containing
4.15 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
b. Application of PARCEL 4-A ASSOCIATES, L.P. for a Conditional
Zoning Classification from 1-1 Light Industrial District to
6-2 Community Business District at the Southwest corner of
Saber Street and Phoenix Drive, containing 11.8021 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
c. Application of ERIC C. BECK, d/b/a ERIC'S RV CENTER, INC. tor a
Conditional Use Permit for motor vehicle sales and service
on Lots 9-14 a d Lots @-35, Block 26, Euclid Place
(266 Jersey Avenue), containing 41,195 square feet
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
d. Application of FRANK T. WILLIAMS tor a Conditional Use Permit
for single-family hows in the AG Agricultural District on the
North side of Nannwys-creek Road, 1550 feet more or less West
of Charity Neck Road, containing 53 acres (PUNGO BOROUGH).
Recommendation: APPROVAL
K. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
CLEAN COMMUNITY COMMISSION
DEVELOPMENT AUTHORITY
FRANCIS LAND HOUSE BOARD OF GOVERNORS
GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE
HAMPTON ROADS PLANNING DISTRICT COMMISSION
MILITARY LIAISON COMMISSION
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Ordinance to extend to the City Assessor, City Attorney and
City Clerk the same Increase In benefits provided in the
FY 1992-1993 operating budget to City employees on the
Executive, Administrative and General pay plans.
(Sponsored by Vice Mayor Robert E. Fentress)
b. Resolution directing City staft to develop a funding plan for
the Burton Station Project.
(Sponsored by Councilman Louis R. Jones)
N. ADJOURNMENT
PUBLIC HEARING
LAKE GASTON PROJECT
SATURDAY, JUNE 13, 1992 - 10:00 AM
VIRGINIA BEACH PAVILION
UNITED STATES DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
CITY COUNCIL RECESS
JULY 15 31, 1992
6/4/92 cmd
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 9, 1992
Mayor Meyera E. Oberndorf called to order the to order the VIRGINIA BEACH CITY
COUNCIL f or the CITY MANAGER'S BRIEFING in the Council Chamber, City Hall
Building, on Tuesday, June 9; 1992, at 11:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
Vice Mayor Robert E. Fentress (ENTERED: 11:32 A.M.)
Reba S. McClanan (ENTERED: 11:35 A.M.)
William D. Sessoms, Jr. (ENTERED: EXECUTIVE SESSION
ATTENDED GRADUATION OF DAUGHTER
AT NORFOLK ACADEMY)
2
C I T Y M A N A G E R S B R I E F I N G
MARINE SCIENCE MUSEUM EXPANSION
11:30 A.M.
ITEM # 35690
E. Dean Block, Assistant City Manager for Economic Management, advised the
purpose of the presentation: Inform the City Council relative the expansion
plan and brief the City Council relative the Feasibility Study to link the
Capital Planning tor this project. In addition to these two purposes, the City
Staff requested a "Request For Action" in regard to continuing design and
permission to continue to work on the budgetary planning for the expansion and
provide a report with alternatives as part of the Capital loprovement Program
(See Item 111-1.3 under Ordinances).
Mac Rawls, Director of the Department of Museums, recognized the Board of
Trustees of the Marine Science Museum Foundation. Bi I I Jones is the President
and the Chair is Nancy Creech. Mr. Rawls stated: "the Trustees are the real
backbone of the Museum".
Mr. Rawis advised the Architect for the Museum is E. Vernon Johnson of Boston.
Mr. Raw I s, through the use of v 1 sua I s 1 i des, dep 1 cted the expans 1 on of the
Museum. The expansion will complete the museum design rather than reassembling
an "add-on". The IMAX Theatre wing wi 1 1 contain a smal I theatre comprising
approximately 300 seats with a huge screen about 6 stories in height. The
v i ewer w 1 1 1 f ee I he 1 s about to t a 1 1 i nto the screen. Mr. Rawls displayed a
temporary exhibit area, about tour times the size of the existing temporary
exhibit area, which will allow major changing of teaporary exhibits. There will
also be a cateteria type dining area. This area will contain an expanded
classroom, gift shop and additional office space. The deep ocean wing will be
entered through the existing building, taking a route that goes by the logger
head sea turtle exhibit, a beautitul promenade area overlooking Owl's Creek.
This can be closed off during the day or used in the evening tor special
activities. There will be a smaller room in which the doors close and an
overhead projection will simulate the ocean floor. The room will vibrate and
there will be special effects after which the door opens and the participants
will be face-to-face with a giant shark tank. The midsection of the bl]ilding
will contain approximately 50 hands-on exhibits. This area will be dominated by
a huge full size scale model of a humpback whale suspended from above. Another
large tank of approximately 500,000 gallons will be at the end of this
building. ln this tank will be three or four marine mammal specimens, bottle
nose dolphins. As one exits the building through a ramp area, one will take a
beautiful hike ot nature paths constituting one-halt mile through the
marshlands. The parking wil I be expanded approximately 3 times the current
area. The South Building will be totally devoted to Owl's Greek Marsh. A large
shore bird aviary will be developed. An inside/outside exhibit deals with marsh
mammals.
Mr. William Owens, Senior Vice President - Economics Research Associates,
identified ERA's SCOPE OF WORK:
Evaluation of VMSM Operating Experience
Review ot Expansion Concept
Evaluation of Local Area Attractions
Evaluation ot Comparable Facilities:
Aquariums, Science Museums, IMAX/OMINAX Theatres
Identification and Analysis of Available Markets
Projection of Attendance
Evaluation ot Financial Performance
Assessment of Economic Impacts
The Marine Science Museum has established itself as one of Virginia Beach's
Premier Attractions. First year attendance of 358,000 visitors was 25 percent
higher than planning projections. Currently attendance has been established at
335,00 visitors. The Marine Science Museum draws heavily from arrk)ng local and
regional residents as well as overnight visitors.
- 3 -
C I T Y M A N A G E R ' S B R I E F I N G
MARINE SCIENCE MUSEUM EXPANSION
ITEM # 35690 (Continued)
Mr. Owens advised on-site visitor surveys reflect:
Visitors who enjoyed their visit to VMSM 100%
Visitors who indicated the VMSM would influence their 54 %
return to Virginia Beach
Visitors who stayed in Virginia Beach longer than
planned as a result of the VMSM 95%
Visitors who plan to visit the museum on their 80%
next trip
Visitors who would recommend museum visit to others 100%
Visitors who think the museum should be expanded 80 %
The expanded Marine Science Museum w! I I draw from Virginia Beach's large and
growing resident, day trip and overnight visitor markets.
Resident Market
Daytrip Market
Overnight Visitor Market
The current market penetration experience of the Marine Science Museum coffpared
to other successful science museums and aquariuns suggests considerable
potential for attendance growth with expansion.
Science Marine Science
Museunr. Aquarluffs Museum
Metro Area Residents 21 - 23% 10 - 15% 6%
Day-Trip Residents 2 - 10% 3 - 7% 1%
Visitors (outside 100 miles) 2 - 4% 12 - 45% 9%
Projected annual attendance of the expanded Virginia Marine Science Museum
reflects both the quality of the Market and ot the expansion concept
(stabilized attendance).
Estinoted Projected Projected
Size Market Attendance
(000) Penetration (000)
Paid Attendance:
Metro Area Residents 1,613 12% 193
Day-trip Residents 1,505 3% 45
(within 100 miles)
Visitors 2,499 18% 450
Subtotal - Paid Attendance 688
Unpaid Attendance (12% of Total Attendance) 94
Total Attendance 782
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C I T Y M A N A G E R ' S B R I E F I N G
MARINE SCIENCE MUSEUM EXPANSION
ITEM # 35690 (Continued)
First year attendance, which reflects a new attraction's "novelty factor" is
projected to be 845,000. Attendance will stabilize at almost 800,000 visitors.
ADULT ADMISSION FEES
AT SELECTED AQUARIUM AND SCIENCE MUSEUMS
(1991 Dollars)
Aquarium/ Museum &
114AX
AQUARIUMS
Aquarium of the Americas $ 8.00 n.a.
Monterey Aquarium 9.00 n.a.
Mystic Aquarium 8.25 n.a.
National Aquarium In Baltifflore 10.75 n.a.
SCIENCE MUSEUMS
Boston Museum of Science $ 6.00 $10.00
Science Museum of Minnesota 4.00 5.00
Pacific Science Center 5.00 6.00
Alabama Space and Rocket Center 6.95 11.95
Virginia Marine Science Museum $ 6.00 $ 9.00
SUMMARY OF OPERATING FINANCIAL PERFORMANCE
OF THE EXPANDED VMSM
(First Year of Stabilized Operations in Constant 1991 Dollars)
($ 000's)
REVENUES
Earned Income
Admissions $3,887
Museum Store Sales 633
Memberships 105
Other 163
Subtotal $4,788
Support
Donations $ 200
City of Virginia Beach 1,061
Subtotal $1,261
Total Revenues $6,048
OPERATING COSTS
Personnel $2,296
Building & Equipment 489
Exhibits, Progranis & Events 457
IMAX Fees & Costs 546
Museum Store 362
Public Relations & Advertising 368
Administration 132
Subtotal $4,650
Contingency 465
Total Operating Costs $5,115
OPERATING SURPLUS $ 933 (1)
(1) Equal to $1,313,00 in 1998 dollars
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C I T Y M A N A G E R ' S B R I E F I N G
14ARINE SCIENCE MUSEUM EXPANSION
ITEM # 35690 (Continued)
The expanded Marine Science Museum is expected to achieve a strong tinancial
performance. Mr. Owens displayed a chart depicting the operating surplus for
each of the facilities first five years of operations. Total capitalized costs
for the Marine Science Museum expansion program are estimated to be $31.3-
MILLION in 1991 constant dollars, or $37.7-MILLION in current dollars, over a
tour year construction period ending in FY 1996.
The economic impacts of the expanded Marine Science Museum's construction and
ongoing operations will be substantial for Virgnia Beach, the metropolitan area
and the State.
Construction
Payroll $11,515,000
Jobs (FTE's) 254
Purchases $12,468,000
tions
Direct Expenditures On-Site Otf-Site
Payroll s 1,800,000 $ 8,501,400
Jobs 586
Taxes
Admissions $ 306,100 $ ---
Restaurant 14,000 $ 462,100
Hotel --- 685,200
Sales 4 2,600 1,402, 300
Income 86, 300 391,100
Indirect Expenditures
Payroll $ 1,031,200 $ 7,272,200
Jobs 61 346
Taxes
Sales 29,700 261,800
Income 47,400 334,500
- 6 -
C I T Y M A N A G E R ' S B R I E F I N G
OCEAN PARK DRAINAGE PHASE 11
and
CITY BOAT LANDING FACILITY/MARLIN BAY LANE
ITEM # 35691
Mayor Oberndorf advised Judy Connors and Members of the Ocean Park Civic League
were unable to attend as five buses of residents went to Richmond this morning
in OPPOSITION to the "Lovely Ladies" Go-Go Bar and their appl ication for the
ABC license.
Arthur R. Shaw, City Engineer, advised the CIP Project Ocean Park Storm
Drainage has been in existence for approximately four years with a total funded
cost of $4,600,000. The first phase was north of Shore Drive, completed in
1986. In 1988-1989, the drainage studies, relative the portion ot Ocean Park,
commenced south of Shore Drive and north of Strattord Road. The majority of the
co I I ected storm water f rom the I ow areas i n Ocean Park wou I d be d i verted to a
particular low area in the Stratford Road vicinity. A purnp station and force
main would be constructed in this location out to Crab Creek. Approximately a
year ago, F. Wayne McLeskey approached the City with the suggestion of building
a BMP, a retention pond, in a particular area and stated he would contribute to
the cost of th i s i t the C i ty wou I d a 1 1 ow h 1 m to p I ace h i s storm water f or
undeveloped lots into the saw BMP. The design change would entai I moving the
pump station to City owned property, bordering the future Kel lam Park, take a
residual piece of City owned property and covert it to a 2.6-acre retention
pond with a gravity outfal I to Crab Creek. This method actual ly entai Is less
expense with the property owner, F. Wayne McLeskey, contributing the cost of
excavating and shaping the pond and the City instal I ing the pump station, the
inlet and outlet structure, as well as the outtall. The savings to the City by
changing the design is approximately $144,000. For Mr. McLeskey's contribution
of the cost and labor to excavate the pond, the City has agreed he may take the
areas designated in blue on the depicted chart, (74 platted lOt5, in which he
is currently paying taxes), and having a source of treatment for the
stormwater, he can develop those lots. Mr. McLeskey would have to construct the
grav i ty system co I I ect i ng the water f rom these I ots and br i ng i t i nto the
retention pond through a series of inlets into the pond. When the volume of the
pond was calculated, it was discovered a regional BMP could be created and the
stormwater could be taken from a currently developed area which tiows into
three ditches, as well as the additional area designated in light green on the
chart. The owner, realizing that the water from this area can be treated by the
retention pond, will probably construct (immediately adjacent to Marlin Bay
Drive) an attractive canal that will replace the storage capacity of these
aforementioned ditches. The canal will serve the purpose of a preliminary BMP.
There will be some water quality treatment as the water sits in the canal and
then by a controlled structure, the water will be allowed to go to the pump
station and then into the retention pond for polishing of the water quality
before it goes into Crab Creek. Mr. Shaw cited the advantages to the City:
Preclude constructing a large pump station in the
middle ot the neighborhood and tearing up a
neighborhood street with the construction ot a deep
force main.
An attractive aesthetic enhancement will be
provided to the proposed Kellam Park.
By having this preliminary holding canal BMP, the
City will be going above and beyond the
requirements for improving the quality of the
attluent into the Lynnhaven River and ultimately
the Chesapeake Bay.
The real estate values will be improved and thus
the City will benefit financially.
This method of construction will result in a
savings of approximately $144,000.
- 7 -
C I T Y M A N A G E R ' S B R I E F I N G
OCEAN PARK DRAINAGE PHASE 11
and
CITY BOAT LANDING FACILITY/MARLIN BAY LANE
ITEM # 35691 (Continued)
Mr. Shaw advised the disadvantages are very few with the major one being the
City currently has a piece of real estate that might have at sometime been
expanded into a larger community park, but the City is now converting it into a
stormwater BW.
Mr. Shaw cited the the advantages to the owner:
The owner would be provided fill niaterial from the
construction of the BMP and the canal.
The owner wi I I be able to develop the 74 platted
lots and the additional area.
The disadvantages to the developer are mostly cost. The developer w! I I spend
over $100,000 to excavate and shape the pond. There wi I I be additional costs
for the construction of the canals, as we[ I as additional costs to him for
haul ing and spreading the excavated material , obtaining the permits and normal
developer costs of designing and constructing the col lection systems from the
areas to get the water to the pump.
The advantages far outweigh the disadvantages.
Mr. Shaw referenced the possibi l !ty of placing a channel into Pleasure House
Creek and construction of a marina/boat launching faci I lty with a I imited
recreational faci I !ty on a parcel of land adjacent to Shore Drive. Mr. Shaw
displayed a graph depicting this proposal . This proposal would involve a cost
participation agreement with F. Wayne McLeskey. It the City wi I I obtain the
necessary permits from the Environmental Regulatory Agency to construct the
channel and if the City wi I I maintain the channel once it is dredged, the
property owner will bear the cost of actual ly doing the dredging of the
channel . Additional ly, Mr. McLeskey wi I I dedicate to the City the 5.8 acre
parcel of land with a value of approximately $1-MILLION. The City wi I I then be
obl igated to construct a boat launching faci I lty at this location. Mr. Shaw
displayed a proposed design of the boat launching facility. Three double ranips
were projected to enable 6 boats to be launched or retrieved simultaneously.
Double-long parking for approximately 100 vehicles and trailers will be
provided. There will be residual spaces for picnic tables, playground
equipment, etc.
Mr. Shaw advised the advantages of a marina/boat launching facility:
The City is in dire need of additional boat
launching facilities.
Traffic access is much safer. One could either come
down through the entrance off Shore Drive or make
the turn into Marlin Bay Drive and come down the
connector road.
The disadvantages entail expending approximately $58,000 to $100,000 tor
permits. The cost of maintaining the channel would be approximately $60,000 per
year. The construction of the boat ramp would be approximately $400,000 to
$500,000 depending upon additional amenities.
Mr. Shaw advised the advantages to the owner:
It Mr. McLeskey dredges the channel, he can keep
the dredged material.
The owner wou I d benefit from having a City
maintained channel over his property and adjacent
to his shore property.
The owner would benefit from a launching facility
near his property.
- 8 -
OCEAN PARK DRAINAGE PHASE 11
and
CITY BOAT LANDING FACILITY/MARLIN BAY LANE
ITEM # 35691 (Continued)
The owner I s d i sadvantage wou I d be cost. 1 t wou I d enta i I approx i mate I y $1 /2-
MILLION to construct the channel and his dedication ot property at a value of
approximately $1-MILLION to the City. The owner would receive approximately
24,000 cubic yards of material from the site, an unknown amount from the canal,
as it has been designed and 70,000 cubic yards from the channel.
There has been discussions of a boat launching facility at the headquarters of
Crab Creek; however, the Environmental regulatory agencies in the past have
informed the City Council they would support a boat launching facility;
however, trom a City point of view, this is not ideal. Approximately one-third
of the sand stock pile area would have to be relinquished in order to obtain
the same size boat launching facility as Pleasure House Lake. The City is
obligated to the Corps of Engineers to provide them a sand stock pile location
for their niaintenance dredging of the Federal channel. It the size of the stock
pile area is diminished, a substitute dredged material area must be provided
elsewhere. Traffic also provides a problem. It is not a sate maneuver to make
a left turn coming down over the Lesner Bridge.
- 9 -
ITEM # 35692
The INFORMAL SESSION ot the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Counci I Chambers, City Hal I Bui Iding, on
Tuesday, June 9, 1992, at 12:45 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr.
- 10 -
ITEM # 35693
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates tor 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: Arts and Humanities Commission
Clean Community Commission
Development Authority Liaison
Francis Land House Board of Governors
Greenways, Trails and Bikeways Committee
Hampton Roads Planning District Commission
Military Liaison Commission
Social Services Board
Tidewater Transportation District Commission
Sports Authority of Hampton Roads
2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A) (3).
To-Wit: Acquisition of Property - Virginia Beach Borough - 4th Street
Acquisition of Property - Burton Station
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent
William D. Sessoms, Jr.
- 11 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
June 9, 1992
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
June 9, 1992, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend William E. Austin, Jr.
Virginia Beach Christian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
1 2
Item III-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 35694
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, 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
identif ied in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
.6
Xrol tatt
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 # 35693,
Page No. 10, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
f(utb Hodges-Smith, CMC/AAE
City Clerk June 9, 1992
- 13 -
Item 111-F.l.
MINUTES ITEM # 35695
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 2,
1992.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Paul J. Lanteigne
Council Members Absent:
None
Councilman Lanteigne ABSTAINED as he was not in attendance during the City
Council Session of June 2, 1992, as he was attending a Computer Seminar.
- 14 -
Item 111-G.I.
MAYOR'S PRESENTATION ITEM # 35696
UP WITH PEOPLE ADVANCE TEAM
Mayor Oberndorf introduced those in attendance representing UP WITH PEOPLE:
Lee Banks
Program Chairman of the Optimist Club
Diane Moore
Birmingham, Alabama
Ashley Divins
Mobile, Alabama
Miguel Martinez
Mexicall, Mexico
These young peop I e are per f ormers w i th th i s group who go a I I over the wor I d to
promote triendship and peace.
UP W I TH PEOPLE w i I I be per f ormi ng two shows Ju I y F i r st an d Second at Chrys I er
Hall in Norfolk, at 8:00 P.M. Miss Moore encouraged al I to support this
worthwhile organization. The proceeds will benefit the OPTIMIST CLUB and
OPERATION SMILE.
Blanton Belk, brother of L! I I ian Youel 1, outstanding citizen, created UP WITH
PEOPLE, after the riots at Woodstock and Kent State and the burning of
Washington, D.C., New York City and other prominent cities in our nation. Mr.
Belk uti I ized the them: "With Music and Love, that Is the only help we can
turn to".
- 15 -
Item I I I -H.
CONSENT AGENDA ITEM # 35697
Upon motion by Counci Iman Heischober, seconded by Counci Iman Brazier, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and
13 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan*, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.**
Council Members Voting Nay:
None
Council Members Absent:
None
Councilwoman McClanan voted a VERBAL NAY on Item 111-H.10.
Councilman Sessons ABSTAINED on Item 111-H.4 as he is the Treasurer for Friends
of the Mounted Patrol Unit.
- 16 -
Item 111-H.l.
CONSENT AGENDA ITEM # 35698
Upon mc)tion by Counci [man Heischober, seconded by Counci lman Brazier, City
Council ADOPTED:
Resolution requesting the Commonwealth ot Virginia
convey to the City of Virginia Beach, at no
additional cost, al I rights-ot-way now vested in
the Commonwealth re extension of Great Neck Road
from 0.012 mi les North of its intersection with
Shorehaven Drive to its intersection with Shore
Dr i ve (Great Neck Road Phase I I - VDOT Project
Number UOOO-134-108, R/W 201).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION
2 WHEREAS, the Commonwealth of Virginia and the City of
3 Virginia Beach jointly acquired a number of parcels of real estate
4 for Great Neck Road Phase II, also known as VDOT Project Number
5 UOOO-134-108, R/W 201, for the extension of Great Neck Road from
6 0.012 miles north of its intersection with Shorehaven Drive to its
7 intersection with Shore Drive (U.S. Route 60); and
8 WHEREAS, the said project has been completed and all
9 parcels acquired including ail condemnation proceedings which have
10 been concluded; and
11 WHEREAS, it is now in the best interest of the City and
12 the Commonwealth that all Right-of-Way within the said project be
13 transferred to the City of Virginia Beach.
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That the Commonwealth of Virginia is hereby requested to
17 convey to the City of Virginia Beach, at no additional cost to the
18 City, all Rights-of-Way now vested in the Commonwealth located
19 within VDOT Project Number UOOO-134-108, R/W 201.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 9 day of June 1992.
22 CA-4632
23 ORDIN\NONCODE\CA-4632.RES
24 R-1
1 7
Item 111-H.2.
CONSENT AGENDA ITEM # 35699
Upon motion by Counci Iman Heischober, seconded by Counci lman Brazier, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 5-31 of the
Code of the City of Virginia Beach, Virginia re
bird sanctuaries:
Bellamy Plantation/ Kempsville Borough
Rosemont Forest Elementary School
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Jams W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
LEGAL
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 5-31 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 BIRD SANCTUARIES.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 5-31 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 5-31. Established; purpose.
11 The following described areas in the city are hereby declared
12 to be bird sanctuaries for the protection of all birds:
13 (1) North Thalia in Kempsville Borough: Beginning
14 at a point in the center of Thalia Creek on
15 the north side of U.S. RoUte 58 (Virginia
16 Beach Boulevard); thence in a northerly
17 direction following the center of Thalia Creek
18 to the merger of Thalia Creek, the western
19 branch of Lynnhaven River and Buchannan Creek;
20 thence in an easterly direction along the
21 center of Buchanan Creek (Lynnhaven and
22 Kempsville Borough line) to the northeast
23 boundary of Thalia Shores; thence in a
24 southerly direction along the Lynnhaven and
25 Kempsville Borough line to a point; thence
26 along the borough line in a westerly direction
27 approximately twelve hundred (1200) feet, more
28 or less, to a point; thence along the borough
29 line in a southerly direction to the north
30 side of U.S.Route 58 (Virginia Beach
31 Boulevard) and Route 1192 (West Brook Road);
32 thence in a westerly direction along U.S.
33 Route 58 to the point of beginning.
34 (2) Chesopian Colony in Lynnhaven Borough:
35 Beginning at a point in the center of Pine
36 Tree Branch on the north side of U.S. Route 58
37 (Virginia Beach Boulevard); thence in a
38 northerly direction following the center of
39 Pine Tree Branch to the merger of Pine Tree
40 Branch, the eastern branch of Lynnhaven River
41 and London Bridge Creek; thence in a
42 southeasterly direction along the center of
43 London Bridge Creek to U.S. Route 58 (Virginia
44 Beach Boulevard); thence along the north side
45 of U.S. Route 58 in a westerly direction to
46 the point of beginning.
47 (3) The subdivisions known as Cavalier Park,
48 Herons Cove, Bay Colony, Kings Grant, Alanton,
49 Kings Forest, Malibu, Birchwood Gardens,
50 Lynnhaven Acres, Cape-Story-By-The-Sea, Bay
51 Island and Trantwood Shores in the Borough of
52 Lynnhaven and Nottingham Estates, Laurel Cove
53 and Aragona Village in Bayside Borough.
54 (4) All that certain area located in Lynnhaven
55 Borough, including, but not limited to those
56 subdivisions known as Wolfsnare Plantation,
57 Southern Points, Robin Hood Forest and Great
58 Neck Estates, and being more particularly
59 described as follows: Beginning at a point in
60 the center of Wolfsnare Creek on the western
61 side of Great Neck Road; thence in a westerly
62 direction f ollowing the center line of
63 Wolfsnare Creek to the merger of Wolfsnare
64 Creek and the eastern branch of the Lynnhaven
65 River; thence in a northerly direction along
66 the center line of the eastern branch of the
67 Lynnhaven River to the merger of the center
68 line of the eastern branch with Inlynnview
2
69 Road extended; thence, in an easterly
70 direction and running parallel to Robin Hood
71 Road, down the center of Inlynnview Road to
72 the intersection of Inlynnview Road and Five
73 Points Road; thence in a northerly direction,
74 down the center of Five Points Road to the
75 point of intersection of Five Points Road and
76 Rose Hall Drive; thence in an easterly
77 direction, down the center of Rose Hall Drive
78 to the intersection of Rose Hall Drive with
79 Great Neck Road; thence in a southerly
80 direction and traveling along the western
81 right-of-way line of Great Neck Road to the
82 point of merger of the center line of
83 Wolfsnare Creek with the western right-of-way
84 line of Great Neck Road, said point being the
85 point of beginning.
86 (5) All that certain area bounded on the north by
87 Shore Drive, on the south by Long Creek, on
88 the west by Great Neck Road and on the east by
89 the subdivision known as Cape-Story-By-The-
90 Sea.
91 (6) The subdivisions known as Lakeview Shores,
92 Lake Smith Terrace, Lake Smith Terrace-West,
93 Thoroughgood, Thoroughgood Estates, Lake
94 Shores, Bayville Park, Baylake Pines and
95 Baylake Beach in Bayside Borough.
96 (7) All that certain area located in Princess Anne
97 Borough being described as follows: From the
98 intersection of the center line of Hell Point
99 Creek and Tabernacle Creek to its intersection
100 with the center line of Muddy Creek to its
101 termination at North Bay, then northwardly
102 along the center line of Hell Point Creek to
103 the point of origin.
3
104 (8) The subdivisions known as Lake James,
105 Kempsville Heights, Point-of-View, Arrowhead,
106 Carolanne Farms, Huntington, Fairfield,
107 Kempsville Manor, Kempsville Gardens, Lark
108 Downs, Larkspur, Kempsville Colony, Bellamy
109 Manor, Acredale, Riverton, Lakeville Estates,
110 Timberlake and Stratford Chase in Kempsville
ill Borough and Fawn Village at Indian Lake.
112 (9) All that certain area located in Princess Anne
113 Borough being described as follows: From the
114 center line of North Landing Road easterly
115 five hundred (500) feet and westerly five
116 hundred (500) feet and running parallel to
117 North Landing Road from the south line of
118 Indian River Road to the Chesapeake City
119 boundary line on the Intercoastal Waterway.
120 (10) The subdivision known as Lago-Mar in Princess
121 Anne Borough.
122 (11) The subdivision known as Green Run in Princess
123 Anne Borough.
124 (12) The subdivisions known as Pembroke Meadows,
125 Pembroke Manor, Witchduck Point and Witchduck
126 Bay in Bayside Borough.
127 (13) The subdivision known as Lynnhaven Colony.
128 (14) All that certain area known as Beach Garden
129 Park in the Lynnhaven Borough of the city;
130 said area is located directly south of Laskin
131 Road, bounded on the west by Barberton Drive
132 and on the east by Holly Road running to 26th
133 Street.
134 (15) All that certain area known as Chesapeake
135 Beach in the Bayside Borough of the city; said
136 area is bounded on the south by Shore Drive,
137 bounded on the north by Chesapeake Bay,
138 bounded on the west by Little Creek Amphibious
4
139 Base, and bounded on the east by the
140 subdivision known as Baylake Pines.
141 (16) All that certain area known as Princess Anne
142 Plaza in the Lynnhaven and Princess Anne
143 Boroughs of the city; said area is bounded on
144 the north by the Virginia Beach toll road,
145 bounded on the west by Rosemont Road, bounded
146 on the south by Holland Road and Lynnhaven
147 Parkway, and bounded on the east by Lynnhaven
148 Parkway.
149 (17) All that certain area known as Wolfsnare in
150 the Lynnhaven Borough of the city; said area
151 is bounded on the east by First Colonial Road,
152 on the north by the Northern Branch of
153 Wolfsnare Creek, on the west by Great Neck
154 Road, and on the south by the southern branch
155 of Wolfsnare Creek, Regency Apartments, and
156 Laskin Road; to include the subdivision of
157 First Colonial Estates, Camden Estates,
158 Glouster Village, Hilltop Manor, Wolfsnare
159 Acres, Washington Square and Woods of
160 Washington Square.
161 (18) All that certain area known as Lake Placid in
162 the Princess Anne Borough.
163 (19) The subdivision known as Great Neck Point in
164 the Lynnhaven Borough.
165 (20) The subdivisions known as Ballylinn Shores and
166 West View Village in the Kempsville Borough.
167 (21) All that certain area known as Hunt Club
168 Forest in the Princess Anne Borough.
169 (22) All that certain area known as Pine Ridge in
170 the Princess Anne Borough.
171 (23) The subdivision known as Kenstock in the
172 Lynnhaven Borough.
5
174 (27) All that certain area known as Bellamy Plantation, and
175 the grounds of Rosemont Forest Elementary School, in the
176 Kempsville Borough.
177 Adopted by the Council of the City of Virginia Beach, Virginia
178 on the 9 day of June 1992.
179 CA-4673
180 \ORDIN\PROPOSED\05-031.PRO
181 R-1
6
- 18 -
item 111-H.3.
CONSENT AGENDA ITEM # 35700
Upon motion by Counci I man He! sc hob er, seconded by Counciiman Brazi er, City
Council ADOPTED:
Ordinance authorizing reimbursement of $350.00 and
$500.00, respectively, re legal expenses incurred
by two (2) Sheriff's Deputies in the performance of
their duties. (Virginia Code Section 15.1-131.6)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AUTHORIZE REIMBURSEMENT OF
2 $350. 00 AND $500. 00 FOR LEGAL EXPENSES
3 INCURRED BY TWO SHERIFF'S DEPUTIES IN THE
4 PERFORMANCE OF THEIR DUTIES
5 WHEREAS, two Virginia Beach Sheriff's Deputies were
6 charged with assault while performing their duties;
7 WHEREAS, the deputies incurred legal expenses of $350.00
8 and $500.00 preparing their respective defenses;
9 WHEREAS, the General District Court dismissed the cases;
10 WHEREAS, the Deputies are seeking reimbursement from the
11 City for their legal fees in accordance with Section 15.1-131.6 of
12 the Code of Virginia; and
13 WHEREAS, City Council considers this request reasonable
14 and proper;
15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, Virginia:
17 That funds of $350.00 and $500.00 are authorized to be
18 paid by the Sheriff's Department to Carter R. Anderson, Jr.,
19 Esquire, on behalf of two Sheriff's deputies, from funds set aside
20 for this purpose for legal expenses incurred by those deputies as
21 a result of the above referenced incidents.
22 This Ordinance shall become effective upon the date of
23 its adoption.
24 Adopted by the Council of the city of Virginia Beach,
25 Virginia, on the 9 day of June 1992.
26 CA-4534
27 Noncode\CA-4534.ord APPROVED AS_TO CONIEWS
28 R-5
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICI
ATTORNEY
- 19 -
item 111-H.4-
CONSENT AGENDA ITEM # 35701
Upon motion by Counci I man He i schober, second ed by Counci I man Brazi er, Ci ty
Council ADOPTED:
ordinance to ACCEPT and APPROPRIATE a $10,000 gift
from the Cape Henry Women's Club re purchase of a
horse tra i I er for use by the Po I i ce Department I s
Mounted Patrol Unit.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
None
Cou nc 1 1 man Sessoms ABSTA I NED as he 1 s the Treasur er f or Fr i ends of the Mou nted
Patrol Unit.
AN ORDINANCE TO ACCEP77 A ROPPIATE A $10,000 GIFT
FROM THE CAPE .. Ry .0 pp
TRAILER FOR USE BY C@.. . P-CHASE A MORSE
PA.@ .. 'S MOUNTED PATROL UNIX
I WHEREAS, th8 Cape Henry Women's Club has d"@ted $10,000 to th. City
2 for the Purpose of Purchasing a h r,e trail
3 Mounted Patrol Unit; er f-: u-@ by the POlice Departme,,tl.
4 WHEREAS, the Mou ted Pat
rol Unit @nticipates that the horse trailer
5 will nOt exceed the $10, 000 gift a,,d may actually re.,,Jt in a residual am,,,,t,
6 the Cape Henry Women'S club has -Ide as a condition Of the gift th.t ny lesidual
7 amount be transferred to the Friends of the Mounted Patr,,l.
a NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 11
9 VIRGINIA BEACH, VIRGINIA, that the $10,000 gift from the Cape Helry Women's Cl@b
10 bo accepted and appropriated for the Purpose of Purchasing a horse trailer for
11 the POlice Mounted Patrol Unit and that any residual amount from the gift be
12 given to the Friends of the Mounted Patrol.
13 BE IT FURTHER ORDAINED, that th@ FY 1991-92 estimated relenue from
14 donations be increased by $10,000 to reflect the acceptance of this gift.
15 Adopted by the City Council of the City of Virginia Beach, Virginia
16 on this day June 9 1992.
APeROVED AS TO N'i'
W' AZL C, ER, JR.
OFFlor= OP SUMV AND EVALUATI(Y,4
- 20 -
Item 111-H.5-
CONSENT AGENDA ITEM # 35702
Upon motion by Counci I man He i sc hober, seconded by Counci I man Brazi er, City
Council ADOPTED:
ordinance to APPROPRIATE $4,770 trom the E911 tund
re acquisition of an uninterruptible power supply
(battery) for the E911 telephone system.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE $4,770 FROM THE E911
FUND FOR ACQUISITION OF AN UNINTERRUPTABLE POWER
SUPPLY (BATTERY) FOR THE E911 TELEPHONE SYSTEM
1 WHEREAS, the existing battery backup Bystem, purchased in 1988 is now
2 failing and needs to be replaced to ensure continued operation of the E911
3 Telephone System in cases of power failure;
4 WHEREAS, there is sufficient funds available in the fund balance of
5 the E911 Telephone System Fund due to the dedicated tax on telephone units.
6 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA, that $4,770 be appropriated from the E911 Telephone
8 Fund balance for the purpose of purchasing an Uninterruptable Power Supply for
9 the E911 Telephone System.
10 Adopted by the City Council of the City of Virginia Beach, Virginia
11 on this day June 9 1992.
APPROVED AS M
W -T@R C. X
C)Fr'@CEOf-BUDG
- 21 -
Item III-H.6.
CONSENT AGENDA ITEM # 35703
Upon motion by councilman Heischober, seconded by Councilman Brazier, CitY
Council ADOPTED:
Ordinance . ACCFPT nd APPROPRIATE $1,314 from the
State Divi,ion of Medical Ser,ices Two-For-Life
Program re purchase of classroom chairs for the
Emergency Medical Training Center.
Voting: 11-0
Council Members Voting Aye:
John A. B,,m, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
u eigne, Reba S.
Heischober , Louis R. Jones, Pa 1 J. Lant
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,314 FROM THE STATE DIVISION
OF MEDICAL SERVICES TWO-FOR-LIFE PROGRAM FOR THE PURPOSE OF PURCHASING
CLASSROOM CHAIRS FOR THE EMERGENCY MEDICAL TRAINING CENTER.
1 WHEREAS, the State Division of Emergency Medical Services provides
2 funds from the Two-For-Life program, known as the Rescue Squad Assistance fund
3 for the purpose of providing financial aid to volunteer rescue squads, in order
4 that they might purchase equipment, supplies, and services;
5 WHEREAS, the Virginia Beach Department of Emergency Medical ServiceB
6 (EMS) has received an additional $1,314 in funds from the State Two-for-Life
7 program for FY 1991-92 which must be used for the EMS program in Virginia Beach;
8 WHEREAS, the Department of Emergency Medical Services will use the
9 additional funds to purchase classroom chairs for the EMS Training Center.
10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA, that $1,314 in additional funds from the State Division
12 of Emergency Medical Services be accepted and appropriated for the purpose of
13 purchasing additional classroom chairs for the EMS Training Center.
14 BE IT FURTHER ORDAINED, that the FY 1991-92 estimated revenue from
15 the Commonwealth be increased by $1,314 to reflect this additional Two-For-Life
16 funding.
17 Adopted by the City Council of the City of Virginia Beach, Virginia
18 on this day June 9 1992.
TO
L @-Y
APMaD AS TO CO? l@N'T
WALTERC.K@t(Ep.,.@R.
OFRCE OF BUDGET ATID
- 22 -
Item 111-H.7.
CONSENT AGENDA ITEM # 35704
Upon motion by Counci Iman Heischober, seconded by Counci Iman Brazier, City
Council ADOPTED:
Ordinance to TRANSFER $39,870 within the FY 1991-
1992 Police Department budget re acquisition of
twelve (12) portable radios for the Resort Area.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO TRANSFER $39,870 WITHIN
THE FY 1991-92 POLICE DEPARTMENT BUDGET FOR
THE ACQUISIIION OF 12 PORTABLE RADIOS
1 WHEREAS, the Police Department, in order to provide additional police
2 coverage, is transferring patrol officers to the resort area during the summer
3 months, these officers will require portable radios in order to maintain
4 communication with each other and dispatch;
5 WHEREAS, due to vacancies within the Police Department there is
6 funding available within various salary accounts to provided for the acquisition
7 of these radios.
8 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA, that $39,870 be transferred from various salary
10 accounts within the Police Departments FY 1991-92 Operating Budget for the
11 purpose of acquiring 12 portable radios for use during the summer months at the
12 resort.
13 Adopted by the City Council of the City of Virginia Beach, Virginia
14 on this day June 9, 1992.
Ar)PR,,OV;:D AS TO
LEC-'@A!- NCY
APPFtOVED ENT
WALTER C. @ER, JR,
OFFICE OF BUDGET AND EVALUATlOi4
- 23 -
Item 111-H.8.
CONSENT AGENDA ITEM # 35705
Upon motion by Counci Iman Heischober, seconded by Counci Iman Brazier, City
Council ADOPTED:
Ordinance to TRANSFER $26,779 to the Tax Exeffption
Program for the Elderly and Disabled from the
Reserve for Contingencies.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $26,779
2 TO THE TAX EXEMPTION PROGRAM FOR THE ELDERLY AND DISABLED
3 FROM THE RESERVE FOR CONTINGENCIES
4 WHEREAS, the City of Virginia Beach continues to assist qualified elderly
5 and disabled persons by providing real estate tax relief,
6 WHEREAS, FY 1991-92 had 185 additional qualified persons apply for real
7 estate tax relief,
8 WHEREAS, an additional $26,779 is needed above the available FY 1991-92
9 Operating Budget appropriation for tax relief in order to fully meet payments
10 for all qualified elderly and disabled persons,
11 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA, that fundb in the amount of $26,779 be transferred from the General
13 Fund Reserve for Contingencies to the Tax Exemption Program.
14 ThiB ordinance shall be effective from the date of its adoption.
T
WALTER C. KMF-MER. JR.
OF BUDGET AND EVALT)ATION
- 24 -
item 111-H-9.
CONSENT AGENDA ITEM # 35706
Upon motion by Counci I man Hei schober, seconded by Counci I man Brazi er, CitY
Council ADOPTED:
Ordinance authorizing a temporary encroachment into
a portion of City-owned property known as the
waters of Lake Wesley to F. Wayne and Faye E.
McLeskey re eight (8) proposed finger piers and
forty-three (43) mooring piles (LYNNHAVEN BOROUGH)-
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the city harmless
of any liability as a result of the encroachrwnt.
3. The owner agrees to maintain said encroachment so
as not to becom unsightly or a hazard.
4. The owner must obtain an approved waterfront
permit.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO AUTHORIZE A
2 TENPORARY ENCROACHMENT IN TO A
3 PORTION OF CITY-OWNED PROPERTY IN
4 LAKE WESLEY, F. WAYNE MCLESKEY, JR.
5 AND FAYE E. MCLESKEY, THEIR HEIRS,
6 ASSIGNS AND SUCCESSORS IN TITLE
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That pursuant to the authority and to the extent thereof
10 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
11 F. Wayne McLeskey, Jr. and Faye E. McLeskey, their heirs, assigns
12 and successors in title are authorized to construct and maintain a
13 temporary encroachment into the city-owned property in Lake Wesley.
14 That the temporary encroachment herein authorized is for
15 the purpose of constructing and maintaining a marina and related
16 improvements (the "Marinall) and that said encroachment shall be
17 constructed and maintained in accordance with all applicable laws,
18 rules and regulations of the United States, the Commonwealth of
19 Virginia, and the City of Virginia Beach and in accordance with the
20 City of Virginia Beach Public Works Department's specifications as
21 to size, alignment and location, and further that such temporary
22 encroachment is more particularly described as follows:
23 An area of encroachment lying east
24 of a line running between Point C
25 and Point D as shown on that certain
26 plat entitled: "PHYSICAL SURVEY OF
27 PROPERTIES OF F. WAYNE MCLESKEY, JR.
28 AND HERBERT GLENN GRAY & DELORES D.
29 GRAY AND THE VIRGINIA BEACH EROSION
30 COUNCIL LYNNHAVEN BOROUGH VIRGINIA
31 BEACH, VIRGINIA FEBRUARY 14, 1989
32 SCALE 111=50111 prepared by Langley
33 and McDonald and recorded in the
34 Clerk's office of the Circuit Court
35 for the City of Virginia Beach,
36 Virginia, in map Book 190, at page
37 32, to which reference is made for a
38 more particular description.
39 PROVIDED, HOWEVER, that the temporary encroachment herein
40 authorized shall terminate upon notice by the City of Virginia
41 Beach to F. Wayne McLeskey, Jr. and Faye E. McLeskey, their heirs,
42 assigns and successors in title and that within thirty (30) days
43 after such notice is given, the temporary encroachment shall be
44 removed from the City, s property bY F. Wayne McLeskey, Jr. and Faye
45 E. MCLeskey, and that F. Wayne Mcleskey, Jr. and Faye E. McLeskey,
46 their heirs, assigns and successors in title shall bear all costs
47 and expenses of such removal.
48 AND, PROVIDED FURTHER, that it is expressly understood
49 and agreed that F. Wayne MCLeskey, Jr. and Faye E. McLeskey, their
50 heirs, assigns and successors in title shall indemnify and hold
51 harmless the City of Virginia Beach, its agents and employees from
52 and against all claims, damages, losses and expenses including
53 reasonable attorney's fees in case it shall be necessary to file or
54 defend an action arising out of the location or existence of such
55 encroachment.
56 AND, PROVIDED FURTHER, that the party of the second part
57 agrees to maintain said encroachment so as not to become unsightly
58 or a hazard.
59 AND, PROVIDED FURTHER, that this ordinance shall not be
60 in effect until such time that F. Wayne McLeskey, Jr. and Faye E.
61 McLeskey execute the attached encroachment agreement with the City
62 of Virginia Beach encompassing, but not limited to, the
63 aforementioned provisions.
64 Adopted by the Council of the City of Virginia Beach,
65 Virginia, on the 9 day of June 1 1992.
APPRoVED AS TO CONITE@ITS
66 CA-4695
67 (ordin\noncode\mclesk.ord)
68 R-1 "ITI@
D@@'P,RTME',,!'
AP,DRC),,/E@' AS T:--) LEGAL
SU',7FICIE@'IC@ AND @ORM
2
8043401255
-TUN- 4-9:2 THU 12zlar- M@IESKEY ASSOCIATES P-0:2
THIS AGREEMENT, Made this day of-h.944's
1992, by and between the CITY OF VIRCINIA BEAC@VIRGINIA, a
zunicipal corporation, (Grantor) , party o: the first part, and P.
WAYNE MCLESKEY, JR., and FAYE E. MCI.ESKZY, their heirs, assigns
and successors in title, (Grantees) parties of the second Part.
That, WHE.R@, it is proposed by the parties or the
second part to constru@.t and maintain a marina and related
iiAprovement3 ( ttie I'marinall) in the City of Virginia Beach; and
WHFREAS, in coiistructing and 'Maintaining the marina and
related improvements, it is necessary that the said parties of
the second part encroach into a portion of City property located
within Lake weslay (the locityls prop-ortyll):
WH.EREAS, said ;)arties of the second part have requested
that the party of the first part grant a temporary encroachment
to permit the construction and maintenance of the marina Within
a portion of the City's property.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the parties
cf the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the firr-t
part, receipt of which is herdby acknowledged, the party of the
first part doth grant to the parties of the second part a
temporary encroachment to use a portion of the City's property
for the purpose of constructing and maintaining a marina.
It is expressly understood and agreed that such
temporary ancroachinent will be constructed and maintained in
accordance with the applicable laws, rules and rec lations of
.ru the
United States, the Commonwealth of Virginia and the City Of
Virc_rinia Beach, and in accordance with the city of Virginia Beach
Public Works Departmezit's specifications and approval as to
alignme:it and location aiid is more particularly described ar.
follows, to wit:
An area of encroachment lying east
of a liiie running between Point C
and Point 0 as shown on that
certain plat entitled: "PHYSICAL
SURVEY OF PROPERTIES OF F. WAYNE
MCLPSKEY, JR. AND HER%BERT GLENN
GRAY & DELORES D. @Y AND THE
VIRGINIA BEACH EROSION COUNCIL
LYNNHAVEN BOROUGH VIRGINTA BEACH,
FEBRUA.RY 14, 1989 SCALE
VIRGINIA
11'-$Ollf prepared by Langley and
McDonald and recorded in the
Clerkle Office of the Circuit
court for ttie City of Virginia
Beach, Virginia, in Map Book 190,
at page 32, to which reterence is
made for a more particular
desoription.
it is further expressly understood and agreed that if
the party of the first part deems it necessary or appropriate to
dredge, spoil and/or otherwise maintain Lake Wesley, the
temporary encroachment herein authorized may be interrupted upon
writteii notice by tbe City of Virginia Beach to the parties of
the second pdrt, and within thirty (30) clays after such notice is
given, tbe temporary encroachment shall be removed from the
City's above-describc-,d property by the parties of the recond
part, and that the parties of the seoolid part shall bear all
2
costs and expenses of such removal. Following removal of the
tempor@try encroachment, the parties of the second pal-t shall hav
the riglit to restore &uCh improvements to their origina:
configuration following the compit-,tioii of the maintenance and/or
dredging (or spoiling) of Lake Wesley or the maintenance of the
channel by the city or its agents.
Xt is further expressly understood and agreed that the
parties Qf the second part shall indemnify and hold harmless the
City f Virginia Bach, its agents and employ(ti-ts, from and
against all claims, darages, losses and expenses including
reatonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
the tenporary encroachment.
It is further expr(-irsly understood ind agreod that
nothing herein contalined shall be construed to enlarge such
permission and authority to permit tho maintenance or
constriiction of any encroachment other than that specified herein
and to the limited extent specified btrein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the parties of the sooond part, their heirs, assigiis and
successors iTi tit3.e.
It is further expressly understood a.,id agreed that the
parties of the second part agrcg to maintain said encroa@ent so
as not to become unsightly or a hazard.
Xt is further expressly understood aid agreed that the
parties of the second part's rights under this Agreement shall
3
not includl, the right to ronstruct any improvements, which extend
into the City channel, as shown on those certain plans entitled
f'RUDEZ INLET CHANNEL LINES" revised April 21, 1992, which plan.
are on file in the Office of the City Engineer and incorporated
by reference thereto, or the right to dock any vessel so that any
part of it extends into the above-defined channel.
Tt is further expressly understood and acj;eed that the'
parties of the seoond part shall, at their expense, and for the
benefit of both parties, inaintain a policy of general liability
insurance in an ainount of not less that One Millions Dollars
($1,000,000) co@ined single limit. Such policy shall name the
party of the first part as ari additional insured and the parties
of the second part shall forward to the city such policy or a
certificate oe insurance evidencing the policy.
It is further expressly understood and agreed that
before begiining any construotion oii the City's property the
parties of the second part shall submit for review and approval,
such approval not to be unreasonably withhold or delayed, a
survey of that portion of the City's property being encroached
on, cartified by a professional ancjincer, and/or "as btiiltll plans
of the encroachment, if required by either the City Engineer's
Office or the Engineering r)ivision of the @lic Utilities
Departinent.
It is further expregs'Ly understqod aiid agreed that the
party of the first part, upon revocation or interruption of tbe
authority and per-mission granted by this Agreement, may remove
4
-TUt4- IHU - - - - - - -
any such encroachment which has not been removed within the 30-
day period set forth above and charge the cost thereof to the
parties of the second part, aiid coll,ect the cost in any manner
provided by law for the collection of local or state taxes; raay
require the parties of the second part to remove such temporary
encroachment; and pending such removal, the party of the first
part may charge the parties of the second part compensation for
the use of such portion of the City's property encroachad on the
equivale,,it of wbat would be the real property tax upon the land
so occupted if it were owned by the parties of the second part;
and if such reldoval shall not be made within the time ordered
hereJ.nabove by this Agreement, the City may impose a penalty in
the sun of One Hundred Dollars ($100.00) per day for each and
every day that suc,.h ezicroachment is allowed to continue
thereafter, and may collect suob compensation and penalties in
any manner provided by law for the collection ot local or state
taxes.
It it. fxirther expressly understood ana agreed that
anything to the contrary in this Agreement notwithstanding, each
party retains, with respect to the property of each, all rights
and estates, 1"al, equitable or otherwise, acquired before the
effective ddto of this Agreement and, by virtue of the execution
of this Agreement, ne:ither party waives, releases or relinquishes
any such rights and estates, all ot which are specifically
preserved to the parties.
5
-TUt,4- -rHU 1 2 N-L.ESKEY & AS SO C I AT e@ p - 0 zs
Tt is furth(.,r expressly uriderstood aild agregd that
11 l,loti-%Ing iri rt,tir, Agreement rhall be construed to limit or WaiV6
City,.-4 li(jilts cat forth in SS 33-113.1(f) of the city cods.
IN WTTNESS WHEREOF, F, Wayne MoLezkey, Jr. and raye B.
the said p-Arties of the second part have cau@ood this
to be executed by their signatures and seals duly
NE f'i x,ed, FurLtier, that the City of Virginia Beach has caused
thj.s to be executed iii its nime and on its behalf by
its Cli-,y M;iri.i,:I(,ir and its seal be hereunto affixed and attested by
itf; City C:I(Irk.
CITY OF VIRGINIA BEACH
13Y
City Manager/Authorized
Designee of the City Manager
AT,rE:,T:
R u t ii-TO71@4 -giW'L i@, t C ik
'r. wV e McLeskey,
(SEAL)
k
ra e E. McLes ey6
CI'I'Y OF VTRGINIA BEACH, to-wit:
a Notary
ili@blic in aid ft@r the City and State aforesaid, do hereby certify
thit city manager/Authorized
city Manager, c)n behalf of the City of Virginia
nallie is sicjned to the foregoing Agreement bearing
cl,.,jte on t.@iii day of
1992, has acknowledged
th-- s-iinc@ I)efore me in my City and State aforesaid,
Givt:N uiider zkty hand this - day of
e)
Nota
My
!ITATF 01-' VLJ(tlr.NTA
(:TI'Y @.)F '@Tr(GLNIA BBACH, to-Wit;
:L a Notary Publ ic
in kt:i@i ror @he City and State aforesaid, do hereby certify that
RU'I'li S141TH, City Clerk for t)ae City of Virginia Beach,
whorc, zickitie i:; t-igned to the foregoing Agreezaent bearing date on
the tiay of 1992, has acknowledged the salbe
bcrorft Me iii my city and State &foresaid.
(;I%'FN under my hand this day of
199'.
Not@ Ptibi -zc
my cominizx!-,ioii Expires:
STA'I'L' OF Vrit(:,LNIA
-wit:
to
a Notary Public
in Atlei for t'.11(i (,ity and State aforesaid, do hereby certify that
F.WAYNE FCLESKEY, TR., whose name is signed to the foregoing
7
IHU 1 :12 N-L-ESKEY e. A soc I A-FES F-. -, cts3.4
TI-L:
k,,A Ei:ll
th, day Of
writing, bearing date
1902, has acknowledged the same before MO in zy city and state
@d.
aforesa,@
y hand thi-S 14 d4y of
r,i.ven under m
1992.
My Commission Expirg5:
STAT'S OF VIRGINIA
CITY OF to-wit:
a Notary Public
by cortify that
in and for the city and StatQ aforesaid# do here
FAYE E. MCIZSxEy, whose name is signed to the foregqing writing,
1992, has
t the t4 day of
bearing da a
acknowledged the same before me in my city and State aforesaid.
i, Ll 1/2t@
Civen under tly hand th day of ;n@
1992.
Not@ Public
i4y comnission Expires;
AppROVED AS TO CONIENT
ASTO
tIT
- 25 -
Item 111-H.10.
CONSENT AGENDA ITEM # 35707
Upon motion by Counci iman Heischober, seconded by Counci Iman Brazier, City
Council APPROVED:
LOW BID with advance notice to proceed:
HENDERSON, INC. Refuse Collection/ $885,000.00
Garage Facility
Phase I - CIP 3-989
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan*
Council Members Absent:
None
*Verbal Nay
- 26 -
Item 111-H.11.
CONSENT AGENDA ITEM # 35708
Upon mtion by Counci Iman Heischober, seconded by Counci Iman Brazier, City
Council ADOPTED:
Ordinance authorizing special tax refunds in the
amount of $3,486.71 upon appl ication of certain
persons and upon certification of the Commissioner
of the Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Par-ker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
-FUN S
J\ii olll)ltlAfiCr@ AU-J'IIORI.Zlt4G SPECIAL TAX R]&D
ilpoti APPLICATTON OF CERTAIN PERSOVS AND
UPON CERTIFICATIOti OF' TEIE COMMISSIONEII
OF TIIE REVI;NUE
BE 1T ORDAItlEl) BY T[ig COUNCIL OF TIIE CITY OF VIRGItIlA BEACII, VIRGINIA:
Tliat Llie fol.low.1119 applicatlofis for special tax refulids, ilpoll certificatioli of
tile Conunissioiier of tlie lievetiiie are liereby approved:
Tax I)ate
NAMZ Yeal- paid Base PeiiiI.Ly lilt. ToLal
30th street Venture Corp. 1989 Tax overpaid $1,121.77 $1,121.77
T/A 30th Street Mini Golf 1990 941.93 941.93
932 Laskin Rd. 1991 918.50 918.50
Virginia Beach, VA 23451 AL @AID $2,982.20
Pres. mr. Edmond @ffin
Certified as to PaYmel)t:
Coinmissiorier of
Approved as to forili:
f.
c
Tliis ordinaiice sliall be effective froin date of
adoption.
The above abateinent(s) totaling $2,982.20 were approved by tlie Council of the City of
Virginia Beacti oil the19 day of June 19 92
Ruth liodges Smitil
City Clerk
- 27 -
Item 111-H.12.
CONSENT AGENDA ITEM # 35709
Upon motion by Counci I man Hei sc hober, seconded by Counci I man Brazi er, Ci ty
Council ADOPTED:
Ordinance authorizing tax refunds in the amount of
$1,313.53 upon appl ication of certain persons and
upon certification of the City Treasurer tor
Payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Cl yburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
RM NO. C.A. 7 5/ 22/ 92 EMC
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 Type Ticket Exonera- Da!e Penalty I nt. Total
Year of Tax Number tion NO. p a id
Harold G & Vivian Marshall 92 RE(1/2) 71733-4 11/7/91 34.62
Elizabeth H. Abbitt 92 RE(2/2) 78-6 1/30/92 106.98
Norman & Gloria Hecht 92 RE(1/2) 50013-9 12/2/91 119.27
Roman & Caroline Hales 92 RE(1/2) 122754-9 2/6/92 112.23
Smink & Scheuermann 92 RE(1/2) 27617-7 11/20/91 50.97
PNC Mortgage Servicing Co 92 RE(1/2) 52-6 12/5/91 26.44
PNC Mortgage Servicing Co 89 RE(1/2) 88053-5 12/5/88 14.57
PNC Mortgage Servicing Co 89 RE(2/2) 88053-5 6/5/89 14.57
PNC Mortgage Servicing Co 90 RE(1/2) 89108-5 12/5/89 25.27
PNC Mortgage Servicing Co 90 RE(2/2) 89108-5 6/5/90 25.27
PNC Mortgage Servicing Co 91 RE(1/2) 89757-8 11/26/90 26.24
PNC Mortgage Servicing Co 91 RE(2/2) 89757-8 6/4/91 26.24
PNC Mortgage Servicing Co 92 RE(1/2) 90242-8 12/5/91 27.71
PNC Mortgage Servicing Co 89 RE(1/2) 70327-3 12/5/88 20.59
PNC Mortgage Servicing Co 89 RE(2/2) 70327-3 6/5/89 20.59
PNC Mortgage Servicing Co 90 RE(1/2) 71521-2 12/5/89 26.87
PNC Mortgage Servicing Co 90 RE(2/2) 71521-2 6/5/90 26.87
PNC Mortgage Servicing Co 91 RE(1/2) 72726-2 11/26/90 28.38
PNC Mortgage Servicing Co 91 RE(2/2) 72726-2 6/4/91 28.38
PNC Mortgage Servicing Co 92 RE(1/2) 73339-8 12/5/91 29.97
Resort Satellite Comm Inc 91 RE(2/2) 94888-0 1/18/91 39.02
RMH Inc 90 RE(1/2) 12455-6 12/5/89 429.84
Cityfed Mortgage Co 89 RE(1/2) 73369-6 11/30/88 8.23
Cityfed Mortgage Co 89 RE(2/2) 73369-6 6/5/89 8.23
Cityfed Mortgage Co 89 RE(1/2) 74533-2 12/1/89 8.80
Cityfed Mortgage Co 89 RE(2/2) 74533-2 5/8/90 8.80
Cityfed Mortgage Co 91 RE(1/2) 75795-1 11/26/90 9.29
Cityfed Mortgage Co 91 RE(2/2) 75795-1 6/5/91 9.29
Total 1,313.53
This ordinance shall be effective from date of adoption.
Thgp C as to pay
,@vg.g@ateme.nt(s) totaling m
.,ere approved by
the Council of the City of Virginia
Beach on the@ day of June 1992 -- -
JohIT. Atki4so6,-Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
L@,.@.-LillZy-Cit-yAbornev I
- 28 -
Item 111-H.13.
CONSENT AGENDA ITEM # 35710
Upon motion by Counci I man Hei sc hober, secon d ed by Counci I man Brazi er, Ci ty
Council ADOPTED:
Ordinance authorizing license refunds in the
amount of $6,883.38 upon appl ication of certain
persons and upon certification of the City
Treasurer for Payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO. Ck 0 FIEV.
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 Penafty lnt. Total
Year Paid
Virginia Beach Heart Institute
1080 First Colonial Road, S-204
Virginia Beach, VA 23454 1988-91 Audit 3,436.25 3,436.25
Attn: Valerie Butt
Wheeler, Vincent R. 1988-91 Audit 30.00 30.00
2256 Rock Lake Loop
Virginia Beach, VA 23456
Whitehead, Parniya S. 1990-91 Audit 28.71 28.71
T/A Executive Computer Training & Consult.
340 Bartell Drive
Chesapeake, VA 23320
Certified as to Payment:
@obert P. Vau-gh@
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3,494.96 were approved by the Council
9 June 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
MRM NO. CA 8 REV, 3M
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 lnt. Total
Year Paid
Seaspray Investments, Inc. 1990 Audit 83.20 83.20
2005 Lone Pine Road
Virginia Beach, VA 23454
Simplex Time Recorder Co. 1990-91 Audit 1,081.83 1,081.83
Simplex Plaza Tax Dept.
Gardner, MA 01441
Stolle, Edward S. 1988-91 Audit 13.65 13.65
2236 Kendall Street
Virginia Beach, VA 23451
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
@esli-e L. Lil Ey
City AttornE
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,178. 68 were approved by the Council
of the City of Virginia Beach on the9 June 92
- day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.k 8 FIEV.
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
Amusement of America Inc.
T/A Amusement of America 1991 3/24/92 200.00 200.00
37A Federal Road
Englishtown, NJ 07726
Baton, Joseph A. 1990-91 Audit 30.86 30.86
1024 Reon Drive
Virginia Beach, VA 23464
Bouldens, Inc. 1990-91 Audit 57.75 57.75
T/A Bouldens Wilderness Sports
724 Kempsville Road
Virginia Beach, VA 23464
Certified as to Payment:
@obert P. Vaugh'@
Commissioner of e Revenue
Approved as to form:
L@ie,t. Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 8 2SR, 61 were approved by the Council
9 June 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.& 8 REV.
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 Penafty lnt. Total
Year Paid
Cantieri, Thomas B. 1990-91 Audit 129.77 129.77
2 Koger Center Suite 2
Norfolk, VA 23502
Citico@p Mortgage, Inc. 1991 Audit 1,424.84 1,424.84
P. 0. Box 27332 MS22
St. Louis, MO 63141
Dbtson, Richard F. 1990-91 Audit 64.43 64.43
T/A Around The Clock Construction
1125 Snowbird Lane
Virginia Beach, VA 23454
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
@slie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 .61 9. 04 were approved by the Council
of the City of Virginia Beach on the9day of June 1992
Ruth Hodges Smith
City Clerk
FORM NO. C.& 8 FIEV.
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 CrrY 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 lnt. Total
Year Paid
Drahun, Inc. 1991 Audit 168.78 168.78
T/A Technical Services
820 Greenbrier Circle #9
Chesapeake, VA 23320
Lynnhaven Office Supply Inc.
P. 0. Box 2066 1990-91 Audit 66.99 66.99
Virginia Beach, VA 23450
Old Dominion Security, Inc.
P. 0. Box 284 1989-91 Audit 66.32 66.32
Harnpton, VA 23669
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
@sge L. Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 302. 09 were approved by the Council
of the City of Virginia Beach on the9day of June 19 92
Ruth Hodges Smith
City Clerk
- 29 -
Item 111-I.a.
ORDINANCES ITEM # 35711
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council ADOPTED, as REVISED:
Ordinance to AMEND and REORDAIN Chapter 24 ot the
Code of the City of Virginia Beach, Virginia, by
adding a new section 24-6 pertaining to the use of
public parks.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
TO
I AN ORDINANCE TO AMEND AND
2 REORDAIN CHAPTER 24 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, BY ADDING A NEW
5 SECTION 24-6 PERTAINING TO THE
6 USE OF PUBLIC PARKS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Chapter 24 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained by the addition of a new
11 Section 24-6, which shall read as follows:
12 Section 24-6. use of Public Parks for clatherings of five
13 hundred or more persons.
14 (a) Permit reguired. No Person shall hold, orcranize, or
15 sponsor any assemblage or gathering having more than five hundred
16 (500) persons in any Public park unless a permit therefor has been
17 granted by the city. This permit shall be in addition to any other
18 Permit that may be reauired by federal, state or local law.
19 (b) Application: contents and Fee. An application for any
20 Permit reauired by this section shall be made to the city manager
21 or his designee, accompanied by a non-refundable processing fee of
22 seventy five dollars ($75.00). The aipplication shall be submitted
23 not less than forty five (45) days and not more than six (6) months
24 prior to the date of the Proposed event, and shall contain the
25 following information, utilizing a form T)rovided by the city
26 manager:
27 (1) The name of the park:
28 (2) The nature, date and duration of such assemblage
29 or gathering;
30 (3) Provisions for sanitation facilities, crowd,
31 noise and traffic control, and parking;
32 (4) The designation of an individual or individuals
33 who shall be responsible for ensuring compliance
3 4 w
3 5 conditions of fhA n ... 44-- .-A
36 (5) Such othpr as may reas ably be
3 7 reciuired bv th. @ii-,,
38 -(c) Appli ation: Submission and
3 9 (1) - A comuleted annii-,i-i-- shall be p ocessed and
40 either granted ,
41 than thirtv tini P-llowinCF receidt
42 shall bp- in wril-i@-
43 granted, or reasons for (ipnial T),- I,
44 to the annlinnnt- -+. 4-),- , lication.
45 (2) If an annii,-.i-i-@4 itted less than fort
46
47 desicinee Tnav m.,i if,, i-h- -of p
48 a demonst-rai-i@- h,, +-t,- -nplicant, in es
49 sed event riil @@i- e
50 scribed.
51 (d) Permit avy
52 (1)
53
54 (i) able
55 traffic dversely
56 affect
57 welfarei-
58 (ii) Is for. a nonIRrofit and noncommercial
59 Purpose; and
60 (.i sive o re e the use
61 of su 0
62 unr se
63 or uses
64 intended,
6 5
0 0 eet an e
66
6 7
68 d
2
69 shall be entitied a
70
71 (31 If a permit is denied becau
72 a nark ig An Pv+.n.i,,. -- ortion thereof
73 as will 4-4- s for
74 which sunh nn@k i- A-@;--ed or intende ouncil may. in
75 he city manager to a rmit,
76 subier-t t-n .@,,h s the citv r-niinril -.,, I-em
77 DrODer. No Pii,-h
t
78 udon t)ublir- nnt-i@. nl t,.. -shall be ication
79 at least onr-p i@
80 not less than
0
81 the hearina and h@ a s n the
82 prouosed nlana @f n
e
83
84 (e)
85
86
87 ks an tio
88 (2)
89
d
90
e
91
92
93 t-.
94
(i) In additiOn'@'tO the non-refundable it
95 fee se
96 ]Ra
97 such
98 adminis
99 such use, not to exce
100 incurred by the city:
101 ritv
102 personn
3.
103 (iii) The iposting of a iperformance bond or other
104 surety securinct ipayment of the aforesaid
105 fee and compliance with any conditions of
106 the permit;
107 (iv) Proof of liability insurance underwritten
108 by insurers acceptable to the city,
109 indemnifying the applicant against any
110 perils, suits, claims and losses which may
arise in connection with the proposed
112 activity. Such coverage shall be in
113 amounts consistent with a standard schedule
114 approved by the city manager, based upon
115 risks associated with each type of event,
116 in consideration of anticit)ated attendance.
117 (V) A limitation upon the number of Persons who
118 may assemble in the requested area;
119 (vi) Designation of an area compatible with
120 anticipated crowd size and Proposed
121 activities;
122 (vii) Such other reauirements for snecial events
123 as set forth in sec his code.
124 (f) Exceptions for expressive activities:
125 (1) Liability insur it fee
126 and administrative cos
127 securitv ner rking attendants shall
128 not be requir@.d for an non-commercial cratherina
129 held f or ipury t u on
130 demonstration )licant is
131 financialiv -F- he costs of such fees
132 and services and that the riclht to enciacre in
13 3 expres ive a,@tivity would nably
134 curtailed by f Lrements;
135 Provided. tha-@ insurance may be reauired for
13 6 c llateral aqt-iv-ities such as food service and
4
137 the use of structures and eauit)ment which present
138 a demonstrable risk or hazard.
139 (2) Upon demonstration that the enforcement of the
140 limitation provisions of subsections (b) and (c)
141 would unreasonably restrict the right of free
142 expression, the city manager shall waive the time
143 iprescribed for advance notice of an event and
144 impose only such iprovisions as will not
145 unreasonably restrict the element of timeliness
146 of the expressive activity,
147 (3) For purposes of this section, expressive activity
148 shall include a Public gathering, procession or
149 iparade, the Primary Puripose of which is the
150 exercise of the rights of assembly and free
151 speech as guaranteed by the First Amendment of
152 the Constitution of the United States.
153 Revocation.
154 (1) The city manager or his designee shall have the
155 authority to revoke any Permit Previously
156 granted:
157 (i) For violation of any of the Provisions of
158 this section or anv condition of a permit:
159 For any material misrepresentation,
160 intentional or otherwise, made on or in
161 connection with the application: or
162 (iii) When otherwise reguired in order to Protect
163 the Public health, safety and welfare or
164 for environmental considerations.
165 (2) In the event a Permit is revoked, the city
166 manager or his designee shall so notify the
167 st)onsor, or the individual designated pursuant to
168 subsection (b)(4). who shall cause the gathering
169 or assemblage forthwith to leave the Park at
170 which the event is held.
5
171 (h) Administration. The city manager may designate one or
172 more officers or employees of the city to administer the provisions
173 of this section.
174 (i) Violation. Any lperson who shall violate any 13rovision of
175 this section shall be guilty of a Class I misdemeanor.
176 Adopted by the Council of the City of Virginia Beach, Virginia
177 on the 9 day of June 1992.
178 CA-4213
17@9 ordin\proposed\24-006.pro
180 R-26
6
- 30 -
Item Iii-I.b.
ORDINANCES ITEM # 35712
Upon motion by Vice Mayor Fentres s, seconded by Councilman Clyburn, City
Council ADOPTED:
ordinance to AMEND and REORDAIN Section 4-1 and
ADDING Section 4-1.1 of the Code of the City of
Virginia Beach, Virginia, pertaining to permits to
conduct special events.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
APPRO'@"-)
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 4-1 AND ADDING SECTION 4-1.1
3 OF THE CODE OF THE CITY OF VIRGINIA
4 BEACN, VIRGINIA, PERTAINING TO
5 PERMITS TO CONDUCT SPECIAL EVENTS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 4-1 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained and Section 4-1.1 is
10 added to read as follows:
11 Section 4-1. Paguit for outdoor musioal entertaiment OL-
12 feati%-als. Permit for special events.
13 (a) tie persen shall eenduet a musieal ei- enteL-tainmefkt--
14 f-estival, et- ethel-wise ef-f-ei- live ei- L-eeeL-deel musieal enteltai
15 #er publie er private auelienee, in ether than a f-ully enelesed
16 building, witheut first obtaining a pemit se te de frem the
17 faanager.
18 (b) Any perben desiring te ebtain a pemit required by th"
19 seetien sliall ma!Ee appileatien thei-ef-eL- te the eity namager- e
20 designated L-epr-esentative, setting f-erth the felle%iinej inf-ar-mat'
21 (1) The plaee and duratien ef the-
22 pi-eposed f-estival or eutdeel- fausiea!
23 entertainment, inelud!nej heUL-B e -f-
24 perfarmanee.
25 (2) Adequaey ef leudspea!Eel- eentrel, se-
26 as te prevent leud
2 7 vielatien ef seetion 23 4q ef this-
28 eade.
29 Any applieant net appr-epr-iate
30 bub!ness lieense shall alse previde the f-alleifing
31 additi6nal infematient
32 (3) PreviBiens fer eveicd eentrel, tlaffie eentral
33 and par!Eing.
34 (4) Preyielens fer sanitatien faeiiitieb.
35 (e) Upen determination tha:t the Lequi:reiaents ef- this seetien
36 have been vaet, the eity iaanaejer shall, ne inere than thirty (@
37 days af-tel, ieeeipt ef the appileatien, issue a pemit f-eL- the-
38 dul-atien ef the f-estival or, in the ease ef- any ethei- eutdeer
39 musieal entertainment, fer a peried net te eifeeed ene (1) year-
40 'Phe eity vaanager ieay, beeause ef any inisrepresentatien, failu
41 eeinply with :the previsions ef this seatien er deviatien frein the-
42 inethed ef eperatien deseribed in the applieatien, deny an!.F
43 applieation er reve!Ee afk
44 (d) PI-jel- 42-S F-]P-Flii4l Rf- any applieatien, er reveeatien ef- any
45 per-mit, the appileant eL- pe@ttee shall be appi-ised ef the rease".
46 thei-ef-eL-e and shall be enti:tled to a heat-ing bef-eve the e@
47 fftanaget- er his reprebentati-ve. Felleifinej atteh a hear-iniff en @
48 ppl:i:eant ei- peimittee aejelrieved by the eleeisien ef- the-
49 eity manaejei- may i-equest L-@ew ef Bueh deeisien by the e@
50 eeuneil, but shall, in the interim, abide by the deeisien.
51 (e) outdeer raub!eal entertainfftent at any private residenee,-
52 attended by fei#el- than f-ifty (50) peiBens, shall be e)tempt f-i-em
53 lieensing requireiaent ef this seetien,
54 ( f-) A vislatien of any pl-a-visien ef- this seetien sha!:L
55 eenstitute a Glass 1 misderaeaner.
56 (a) Events for which Permit recruired. No person or entity
57 s-hall hold, organize or sponsor any of the following events or
58 activities unless a permit therefor has been granted by the city:
59 (1) Parades, processions, marathons, bicvcle races and
60 other events utilizing the sidewalks or vehicular
61 travel Portion of city streets and highways, or the
62 boardwalk.
63 (2) Carnivals, bazaars and similar events which offer
64 such activities as amusement rides or devices,
65 games of skill, animal rides or exhibitions, food
66 concessions, and informal live entertainment.
67 (3) Outcloor festivalb or other musical entertainment
68 offering live or recorded music for public or
69 Private audiences in other than a fully enclosed
2
70 building, with the exception of outdoor musical
71 entertaininent at any private residence attended by
72 fewer than one hundred and fifty (150) persons.
73 Motion picture, video or broadcast television
74 productions, other than news media, involving the
75 staging of vehicles, ecruipment, Props or personnel
76 on public property, includincf buildings, streets
77 and sidewalks, or rectuiring the use of citv
78 ecruipment or services, or the RarticiRation of city
79 employees.
80 (5) organized scheduled contests and exhibitions held
81 on the sand beaches of the city.
82 (6) marine events, including any pre-scheduled
83 organized concentration of watercraft, involving
84 participants and/or spectators, of a comipetitive or
85 non-comt)etitive nature, which may interfere with
86 ordinary navigation or reguire supplementary
87 regulation by federal, state or city authorities.
88 (7) Scheduled races, exhibitions or other events
89 involving the operation of motorized vehicles of
90 any type.
91 (81 Scheduled gatherings of two hundred (200) or more
92 persons on any public property, other than parks.
93 (9) Activities or events recfuiring a variance from the
94 regulations for parks promulgated by the director
95 of Parks and recreation.
96 Apt)lication: Contents and Fee. An at)13lication for any
97 permit recfuired by this section shall be made to the city manager
98 or his designee, accomi3anied by a non-refundable processing fee as
99 provided in section 4-1.1. The application shall be submitted not
100 less than thirty (30) days nor more than six (6) months Prior to
101 the date of the proposed activity. An application for a malor
102 event held for two or more consecutive days shall be filed not less
103 t-han sixty (60) days nor inore than six (6) months before the first
104 date of the proposed activity, The application shall contain the
3
105 following iriformation- utilizing a form Provided by the city
106 manager:
107 (1) Description of the proposed activity.
108 (2) Date, time and location/route of proposed activity
109 and the anticir)ated number of participants and
110 spectators,
ill (3) provisions for sanitation facilities, crowd, noise
112 and traffic control, Parking and loud speaker
113 placement,
114 (4) Food and beverages to be sold or distributed.
115 (5) The desicination of an individual or individuals who
116 shall be responsible for ensuring compliance with
117 the Provisions of this section and the conditions
118 of the permit.
119 (6) proposed eauipinent, vehicles, staging, bleachers,
120 shelters and electricity reguirements_
121 (7) If revenue is anticipated to be generated by the
122 activity, the individuals or entity that will
123 benefit therefrom.
124 (8) Such additional information or assurances as the
125 city manager may rectuire.
126 (c) AvRlicatiOn: Submission and Rrocessinct recruirements.
127 (1) A completed application shall be Processed and
128 either granted or denied within a reasonable time
129 of receipt, but not more than thirty (30) days of
130 receir)t of any application reguiring sixty (60)
131 days advance filing or fifteen (151 days following
132 receipt of any al)plication requiring thirty (30)
133 days advance filing. Such decision shall be in
134 writing, setting forth the conditions of the
135 permit, if granted, or the reasons for denial. The
136 decision shall be provided to the applicant at the
137 address stated in the application.
138 (2) if an ant)lication is submitted after the filincf
139 deadline set forth in subsection (a), the city
4
140 manager or his designee may modify the recfuireinents
141 of subsections (a) and (b) upon a demonstration by
142 the applicant, in writing, that circumstances
143 giving rise to the proposed event did not
144 reasonably allow the apt)licant to. a'DI)lv for a
145 permit within the time Rrescribed,
146 (d) Permit approval iprocess,
147 (1) The Permit shall be granted by the city manager if
148 the following conditions are met:
149 (i) Any proposed use of public Prop
150 right-of-way, or facilities will not
151 unreasonably interfere with the normal use
152 of the property, right-of-way or facility
153 by the city or the general public.
154 (iii The proposed activity does not Present a
155 safety or health risk to Particit)ants,
156 spectators or the Public, or an
157 environmental hazard.
158 (iii) The proposed activity is compatible with
159 the surrounding area or neighborhood, in
160 consideration of anticipated noise,
161 traffic, crowd capacity and other
162 identifiable factors.
163 (iv) The applicaht has Provided proof of
164 liability insurance underwritten bV
165 insurers acceptable to the city,
166 indemnifying the aPT)licant against any
167 perils, suits, claims and losses which may
168 arise in connection with the proposed
169 activity, Such coveracre shall be in
170 amounts consistent with a standard
171 schedule ay)proved by the city manager.
172 based ul2on risks associated with each type
173 of event, in consideration of anticipated
174 attendance.
5
175 (Vi city resources necessary to support the
176 proposed activity are reasonably
177 available,
178 (2) When the cirounds for anticipated denial of an
179 application can be corrected by altering the date,
180 time, duration, route or location of the event, the
181 city manacter or his desicinee inay conditionally
182 aipiprove the application, subject to the applicant'-s
183 acceptance of such conditions. Any conditions so
184 imposed shall Provide only for such modification of
185 the ar)i3licant's Rroposal as may be necessary to
186 achieve compliance with this section,
187 (3) Prior to the final denial of any application, the
188 applicant shall be apl?rised of the reason therefore
189 and shall be entitled to a hearing before the city
190 manager or his representative.
191 (e) Permit recruirements. The city manager or his designee
192 may impose, as conditions to granting a permit, such further
193 recruirements and restrictions as will reasonably Protect the public
194 health, safety, welfare, 13eace and order. Such conditions may
195 include, but are not limited to:
196 (1) The payment of a reasonable fee for the use or
197 allocation of city property, equipment and
198 personnel not exceeding the actual costs incurred
199 by the city in connection with the proposed
200 activity; and the Posting of a performance bond or
201 other suretv securing payment of such fee.
202 (2) The Provision of adeguate crowd and traffic
203 control, security, fire Protection, food handling,
204 waste and refuse disposal, and noise restrictions.
205 (f) Exceptions for expressive activities..
206 (1) The reauirements for insurance and for payment of
207 fees for the use or allocation of city property,
208 ectuipment and personnel authorized by this section
209 shall not be imposed for any non-commercial
6
210 gathering, parade or procession held for purposes
211 of exr)ressive activity, upon demonstration, in
2 12 writing, that the applicant is financially unable
2 13 to I)av the costs of such fees and services and that
214 the right to engage in expressive activity would be
215 unreasonably curtailed by failure to waive such
216 reguirements; Provided. that insurance may be
217 recruired for collateral activities such as food
218 service and the use of structures and ectuit)ment
219 which present a demonstrable risk or hazard.
2 2 0 (2) Upon demonstration that the enforcement of the
2 2 1 limitation Provisions of subsections (b) and (cl
2 22 would unreasonably restrict the right of free
223 expression, the city manager shall waive the time
224 prescribed for advance notice of an event and
225 impose only such provisions as will not
226 unreasonably restrict the element of timeliness of
227 the expressive activity.
228 (3) For purposes of this section and of section 4-1.1.
2 29 expressive activity shall include any public
230 gathering, I?rocession or Parade, the primary
231 purpose of which is the exercise of the rights of
232 assembly and free speech as guaranteed by the First
2 3 3 Amendment of the Constitution of the United States.
2 34 Revocation or susr.)ension. The city manager, or his
235 designee, shall be authorized to revoke or suspend any permit
236 previously granted by him (1) for violation of any provisions of
2 37 this section or of anV condition of the permit; (2) for any
2 38 material misrepresentation, intentional or otherwise, made in
239 connection with the al2plication; (3) when weather conditions render
24 0 the subiect activity unsafe; and (4) when otherwise recfuired in the
241 interest of ioublic health, safety and welfare or environmental
242 considerations, In the event a permit is revoked or suspended, the
243 permittee shall immediately discontinue, or cause to be
244 discontinued, the activity for which the permit was granted, but
7
245 shall thereafter be entitled to a hearing concerning the revocation
246 or suspension decision as provided by subsection (d) (3).
247 (h) Duration, Any Permit granted under the provisions of
248 this section shall remain in effect for the duration of the
249 proposed activity; Provided, however, that any Permit for outdoor
250 musical entertainment granted to any restaurant or any
251 establishinent holding an on-premises license to sell alcoholic
252 beverages may be issued for a period not to exceed one (1) year.
253 (i) Other Recruirements. The grantinc[ of any i3ermit recfuired
254 by this section shall not eliminate any rectuirement for anv
255 business license, any other nermit(s) which may be prescribed by
256 any other federal, state or local statutes, ordinances, rules or
257 rec[ulations, or compliance with any other ai3plicable federal, state
258 or local statutes, ordinances, rules or regulations,
259 (1) Administration. The city manager may designate one or
260 more officers or e-mplovees of the city to administer the 13rovisions
261 of this section,
2 62 (k) Violation. Any person who shall violate any provision of
263 this section shall be quiltv of a Class 1 misdemeanor.
264 Section 4-1.1. Permit processing fee.
265 A non-refundable Processing fee, as follows, sball be
266 submitted with the completed application for a special event.
267 (a) Festival, art show or water event $150.00
268 held for two or more consecutive days.
269 (b) Parade, procession, inarch, footrace, $ioo.oo
270 bicvcle race, other event reguiring
271 closure of maior thoroughfare;
272 Continuing sport tournament
273 (season perm t);
274 Outdoor musical entertainment
275 (season Perm t).
276 (c) Water event, one day; $ 75.00
277 Contest or exhibition on sand beach;
278 Race, march or procession requiring closure or
8
279 traffic and Pedestrian control of boardwalk,
280 sidewalk or residential street:
281 Outdoor (tent) circus:
282 Large carnival (six (6) or more amusement
283 rides):
284 Motorized vehicle contest or exhibition;
285 coinmercial motion picture or television
286 produc io -
287 Musical or entertainment event on public property,
288 one day,
289 (d) Small carnival, bazaar, block party; $ 50.00
290 Outdoor inusical event or activity on
291 private property,
292 (e) No fee shall be reciuired to process a permit for a
293 scheduled public gathering not reauiring street closure, held for
294 non-commercial purposes, in exercise of the right of expressive
295 activity,
296 Adopted by the Council of the City of Virginia Beach, Virginia
297 on the 9 day of June 1992.
298 CA-4288
299 \ordin\proposed\04-00let.pro
300 R-18
9
- 31 -
Item 111-1-c.
ORDINANCES ITEM # 35713
Upon motion by Vice Mayor Fentress, seconded by Counci I man Clyburn, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 27-3 of the
Code of the City ot Virginia Beach, Virginia,
pertaining to fees tor police services.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndort, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 27-3 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 FEES FOR POLICE SERVICES.
6 BE IT ORDAINED BY TME 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 Section 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,
15 photographs of motor vehicle accidents (only after criminal charges
16 are disposed of by the court), to make record checks and reports
17 (local record only) , to take fingerprints of individuals on request
18 and to allow offense reports to be viewed by proper persons.
19 (b) For the services mentioned in subsection (a) above, and
20 for the processing of applications for permits required by law, the
21 following fees shall be charged:
22 (1) Photostatic copy of accident report ........ $ 10.00
23 (2) Photostatic copy of offense report ......... 10.00
24 (3) Copy of booking (mug-shot) photograph ..... 2.00
25 (4) Record check and report by name (local) .... 15.00
26 (5) Fingerprinting of individuals on request ... 10.00
27 (6) Pulling offense report to review only ...... 5.00
28 (7) Photographs (8 x 10) of motor vehicle
29 accidents, only after criminal charges
30 have been disposed of by court,
31 each print ................................. 10.00
32 (8) Process bingo permit application ........... 100.00
33 (9) Process raffle permit application ......... 50.00
34 (10) Dance hall permit application ............. 50.00
35 (9:3:) Bleele @9.90
36 (@1I)Turkey shoot permit application ........... 50.00
37
38
39 (15) GiL-eUS pe3m!:t appiieatiefi ................. 50. 00
40 (@12)Certificate for public convenience and
41 necessity ................................. 50.00
42 (@13)Precious metals permit .................... 25.00
43 (@14)Vendor permit ............................. 25.00
44 (@15)Concealed weapon permit ................... 50.00
45 (@16)Weapons purchase permit ................... 10.00
46 Adopted by the Council of the City of Virginia Beach, Virginia
47 on the 9 day of June 1992.
48 CA-4576
49 \ordin\proposed\27-003.pro
50 R-1
2
- 32 -
Item 111-I.d.
ORDINANCES ITEM # 35714
Upon motion by Vice Mayor Fentress, seconded by Counci iman Clyburn, City
Council ADOPTED:
ordinance to REPEAL Section 23-14.1 of the Code of
the City of Virginia Beach, Virginia, pertaining
to a public meeting.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
@,@ TO
1-@lEi\'CY
1 AN ORDINANCE TO REPEAL SECTION
2 23-14.1 OF THE CODE OF THE CIT7
3 OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO PUBLIC MEETING.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 23-14.1 of the Code of the City of Virginia
8 Beach, Virginia, is hereby repealed.
9
10 permit
11 (a) Any pei-sen iiishin
12 demenstratien, addr-e
j a tiie
13
1 4 estimated by the eity manaejer- iiithin any ef- the palle
15 pabl:ie reeL-eatieFial f-aeilities s e f- a-
16 similar natere under the eentrel ef the eity must ebtain a pe@it
17 thereter frem the eity inanager@
18 (b) Any per-sen desi:r-inej 11 ma!Ee-
19 applieatien therefer te t
20 representatives setting terth the f-el:3:eiiing inf-ermatien@
21 (3:) The publie paL-]E er- f-aeility, ee-1
22 publie meeting, gathering, demenstratien er
23 (2) Previsiens fer sanitatien faeilities.
24 (3) Adequaey ef- leadspealeei- eentr-el se as te pr-eve
25 disturbanee ef the surreunding neighberh
26 (4) Previs -ie' and
27 par-ieing.
28 (e) in additien te the abeve- eenEI4 manager,
29 befere granting sueh pe@t, shall dete@ne that the felle
30 ---re inet:
31 (1) That any sueh use se'-ely f-ei- a-nenprefit,
32 neneemmereiai, nenfund raising pai-peset and-
33 (2) That the publie health, safety anel iiel:f-ar-e shal:3
34 affeeted adversely by se
35 (3) That sueh use shal
36 with the primary u-se- er uses --y '.'e genera'- pub!4-e f-e-r-
37 ifhieh sueh was deaiejned. in thi:s
38 .-eEjai!d, ne pem--'- ---ued fer the use ef an!,F
39
40 fifteenth e#
41 As a ee
42 may:
43
44 faeilit.
45 eest in
46
47 paymen
48 aL-e vftet--
49 (3) Requir-e the permi:ttee te earr-y pi-eper- ?ziabi:li:ty ifksalanee
50 in an ameunt and wi:th e e-
51 naming
52 i:ndemn
53 ;-4-pp--ide
54 whieh miejht arise in eenneetien with use,
55 i:Reg:'ad!REJ Pr--
-parati-
56 aets in eenn-eet@'-en er-ew-..h.
57 (e) T-he ei:ty manager- shall have thiity (90) days apen r-eeeipt
58 ef- an appli:eati:en f-ei, a perm
59 deny sueh pe@t. iiis deeisien shall be made in iir-. --@ te the
60 applj:eant se:ttinej f-er-t=h the eafiditiens ef- the permit if-
61 the speei:f-ie
62 Sueh .fL-i:tten deeisien shall be -he eit'F
63 elei-le.
64 Adopted by the Council of the City of Virginia Beach, Virginia
65 on the 9 day of June %1992
66 CA-4387
67 \ordin\proposed\23-014.1.pro
68 R-1
2
- 33 -
Item 111-1.2.a/b
ORDINANCES ITEM # 35715
The fol lowing spoke in SUPPORT ot the Ordinance to AMEND and REORDAIN Section
21-398:
Rick Anoia, Windjammer Hotel , Phone: 428-0060, represented the Virginia Beach
Hotel and Motel Association and the Resort Leadership Council.
The fol lowing spoke in SUPPORT of the Ordinance to AMEND and REORDAIN Article
XI of Chapter 21, pertaining to residential parking:
Anne Henry, 506, 27th Street, Phone: 428-5962, Acting President of Old Beach
Civic League.
Barbara Yates, 302 and 318 24th Street, Phone: 428-4690, represented herself as
a resident of the resort area and the operator ot Angie's Guest Cottage.
Charles W. Gardner, 1309 King Fisher Court, Phone: 425-6201, represented the
Second Precinct Advisory Committee
Upon motion by Vice Mayor Fentress, seconded by Councilman Lanto-igne, City
Council ADOPTED, AS AMENDED:
Ordinance to AMEND and REORDAIN Section 21-398 of
the Code of the City of Virginia Beach, Virginia,
pertaining to parking meters.
A N D,
Ordinance to AMEND and REORDAIN Article XI of
Chapter 21 of the Code of the City of Virginia
Beach by the addition of a New Division 4,
pertaining to residential parking permits.
The City Staff shall reevaluate this concept within a year.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndort, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 21-398 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 PARKING METERS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 21-398 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 21-398. Hours during which division is applicable.
11 The provisions of this division shall apply to parking from
12 9:00 a.m. to 7:00 p.m. on Thirtieth Street and north of Thirtieth
13 Street, and twenty-four (24) hours T)er day i
14 every day including federal and state legal holidays and Sundays
15 from May first to October first of each calendar year.
16 Adopted by the Council of the City of Virginia Beach, Virginia
17 on the 9 day of June 1992.
is CA-4675
19 \ordin\proposed\21-398.pro
20 R-2
I AN ORDINANCE TO AMEND AND REORDAIN ARTICLE XI
2 OF CHAPTER 21 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH BY THE ADDITION OF A NEW
4 DIVISION 4, PERTAINING TO RESIDENTIAL PARKING
5 PERMITS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Article XI of Chapter 21 of the Code of the city of
9 Virginia Beach be, and hereby is, amended and reordained by the
10 addition of a new Division 4, consisting of Sections 21-440.1
11 through 21-440.11, which shall read as follows:
12 Division 4. Residential Parking Permits
13 See. 21 440-1. b ectives-
14 This divisi
15 congestion in public streets wi ial neighborhoods-to
16 reduce hazardous traffic conditions during urs in
17 residential neighborhoods caused by the use of such streets for
18 vehicular parking by Persons attempting to avoid the use of nearbv
19 city meter-regulated parking; to protect residents of such
20 neighborhoods from unreasonable noise . and disturbance during
21 nighttime hours; to t)rotect such residents from unreasonable
22 burdens in gaining access to their residences; and
23 Preserve the peace, good order, convenience and char cter of
24 residential neighborhoods located in close proximity to commercial
25 areas of the City.
26 See. 21-440.2 Definitions.
27 As used in this Division:
28 (a) "Motor vehicle" shall have the meaning set forth in
29 Section 21-2 of the City Code, and shall also include..mol)eds and
30 motorcycles, erein.
31 (b) Residence" shall la,
32
33 ordinance.
the
34 (C)
a
35
r
36
37 nonc,
38 and churches.
39 Bee. 21 440-3-
40
41 blocks wi ial
42 areas when re been met.
43 (a) A Retition reguestinci such designation, siqned by at
44 -one (51 er
45
46 @si ne- and
47 (b) s a
48 residential Permit parkin-
49 aree w
50
51 See. 21-440.4 Parking restriction-s.
52 in any area designated as a res it park rea
53 it shall be unlawful for any person to park any motor vehicle on
54 the street between the hours of 11:00 p.m. and 6:00 a.m. unless
55 there is affixed to the left side of the interior surface of the
56 rear window of such Motor vehicle a valid residential iparking
57 permit; Provided, however, his section
58 shall not apply to emeraencv
59 or service vehicles while engaged in such deliverv or serviice. or
60 to vehicles displaying a valid quest Pass plainly visible frgm t-he
61 exteri thie vehicle.
2
62 Sec. 21 440-5 er]Rits eZIerall '
63 (a) Followinct the desicination of a reside tial Permit parking
64 r his de shall
65 issue residential Darking Per nated. One
66 t)ermit shall be issued, upon ap the
67 1)resc vehicle owned by a lpers
68 on a street within the reside parkin Lost
69 stolen or damaged Rermits may be reissued upon Proof of such los-S
70 theft or damage f the Prescribed fee.
71 (b) An api)licant hal
72 registration and ot)erator's license with the at)plication. No
73 t)ermit shall be issued in the event either the registration or
74 operator's license shows an address not within ial
75 Permit Y)arking area, unless the applicant demonstrates to the
76 satisfaction of the City Treasurer that he is, in fact, a resident
77 of such area. Registered residential parking permit h
78 obtain non-transferable quest Passes by applying to the City
79 Treasurer's Office. Such Passes shall be issued and valida ed for
80 three (3), seven (7), or days. No guest pass shall
81 be issued for a period exceedina fourteen (14) days.
82 (c) Business Parkincr ipermits shall be issued by the city
83 Treasurer's Office to bus: ed to operate in city meter-
84 regulated parking areas. ed for one (1)
85 year at the nrescribed fee and shall
86 number of employees in one shift reguired to work after 11:00 p.m.
87 (d) Lodging t)arking Permits shall be issued by the City
88 Treasurer's Office to lodging establishments which are located
89 within residential Permit Parking areas and which do not have
90 sufficient on-site T)arkina available for their quests. Such
91 permits shall be issued for one (1) year at the Prescribed fee and
92 shall be limited in guantities to the number of rooms within the
93 lodging facility not having on-site Parking.
94 (e) Permits issued pursuant to Subsection (a) shall be valid
95 for a period of one (1) vear, shall not be transferable, and may be
3
96 revoked in the ev,
97 of th which o loncier res"des
98 in tt n wr
99 of .ch revoction th. holder of the erai
100 iperm:
101 sch erit h.11 be unishabl
102 Five Dollars 25.00 -
103 (f)
104 be v
105
106 that f permits
107 to the crit ubsections d).
108 Bee. 21.-440.6. SicinS-
109 Following the designation of a residen ial ermit arkin
110 area e posted in appropriate
ill a siq
112 forth in Section 21-440-4.
113 Sec. 21 440.7 ermit-
114 It shall be unlawfu di la or tO
115 issued under this division
116 upon any vehicle other than thE
117 issued.
118 Sec. 21-44os obtaining %)ermit by false oretgnSe-S-
119 It shall be unlawful for any person falsely to ret)resent
120 his division or to furnish
121 any false information in, or in coniunction with, an application
122 for a resider permit.
123 Sec. 21 440-9. ViOlatiOns-
124 (a) Parkincf in violation of Section 21-440.4 shall
125 I)unishable by a fine in the amount of Twenty-Five Dollars (@2 .00
126 and shall subie
4
127 th. h f ine is not
128
129 (b)
130 Runishable by a fine i
131 .00 -
132 21-440-10. P669
s:
133
134 (a)
135 Fiften Dlla@s 15.00 -
136 (b) For replacements of lost or damaged I)ermits bV the same
137
138 (C)
139 Twent Dollars 20.00
nt,
140 (d)
141 Twent Dollars 20.00
142 (e) For 3-day cluest lpermits, TWO DOllars 2-00
143 (f) For 7-day cluest lpermits, Five Dollars ($5.00).-
144 (q) For 14-day quest lpermits, Ten Dollars ($10-00).
145 OC. 231.-44440U.11. Ap1)ointees to enforce parkinct recrulations-
146 The city manager shall be authorize
147 the City, e
148 Dr- s division. Such Persons shall, while p
149 their duties Pursuant to this division wE
150 by the City Manager.
151 Adopted by the Council of the City of Virginia Beach on
9 June
152 the day of 1992.
153 CA-92-4637
154 \ordin\wmordres\respark.orn
155 R-7
5
- 34 -
Item 111-1.3
ORDINANCES ITEM # 35716
Upon motion by Counci I man Hei schober, seconded by Counci I man Sessoms, Ci ty
Council ADOPTED:
ordinance to TRANSFER $300,000 from Beach Erosion
and Hurricane Protection (CIP 2-704) to Marine
Science Museum Expansion Design (CIP 3-002) re
continuance of architectural design phase.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER $300,000 FROM CIP PROJECT
2 #2-704 BEACH EROSION AND HURRICANE PROTECTION TO CIP
3 PROJECT #3-002 MARINE SCIENCE MUSEUM EXPANSION
4 DESIGN TO CONTINUE THE ARCHITECTURAL DESIGN PHASE
5 WHEREAS, the conceptual design phase of the architectural
6 design for cIP Project #3-002 Virginia Marine Science Museum
7 Expansion has been completed;
8 WHEREAS, timely completion of the remaining necessary
9 architectural work is itnportant to maintaining the nomentum and
10 continuity of this project;
11 WHEREAS, the next phase of architectural design is estimated
12 to be approximately $800,000;
13 WHEREAS, there is approximately $500,000 currently available
14 in the Virginia Marine Science Museum Expansion Design Project,
15 leaving a requirement of $300,000 in additional funding;
16 WHEREAS, there is $300,000 in 1990 Charter Bond funds
17 available for transfer in CIP Project #2-704 Beach Erosion and
18 Hurricane Protection which represented the City's local
19 contribution to the project, now no longer required by the U.S.
20 Army Corps of Engineers;
21 WHEREAS, these funds can be transferred to the 1990 Charter
22 Bond funds appropriated to CIP Project #2-830 Rudee Inlet Dredging
23 which makes $300,000 of general appropriations available for
24 transfer to the Marine science Museum project.
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA,
27 1. $300,000 be transferred from CIP Project #2-704 Beach
28 Erosion and Hurricane Protection to CIP Project #2-830 Rudee Inlet
29 Dredging 1990 Charter Bond appropriation; and
30 2. $300,000 be transferred from the general appropriations
31 appropriated to CIP Project #2-830 Rudee Inlet Dredging to CIP
32 Project #3-002 Virginia Marine Science Museum Expansion Design in
33 order to provide the necessary funding for continuation of the
34 architectural phase of the project.
35 This ordinance shall be in effect from the date of its
36 adoption.
9 June 1992, by the Council of
37 Adopted the _ day of
38 the City of Virginia Beach, Virginia.
39
SIGNATURE
T
APPROVFD AS TO CO APPROVED AS TO LEGAL
@TEFFC. @ER. JR.
OFRCE OF BUDGET AND EVALUATION
- 35 -
Item 111-J.1/2/3.
PUBLIC HEARING ITEM # 35717
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
(a) STAR OF THE SEA CATHOLIC CHURCH CHANGE OF ZONING
(b) P & D OF NORFOLK, INC. CONDITIONAL USE PERMIT
PLANNING - RECONSIDERATIONS
(a) BUNGEE THRILLS, INC. RECONSIDERATION OF CONDITIONS
CONDITIONAL USE PERMIT
(ADOPTED: March 24, 1992)
(b) GALE M. AND DAVID 1. LEVINE RECONSIDERATION OF CONDITIONS
CHANGE OF ZONING
(ADOPTED: June 1, 1987)
PLANNING
(a) WILLIAM AND SHELLEY STALLINGS VARIANCE
(b) PARCEL 4-A ASSOCIATES, L.P CONDITIONAL ZONING
(c) ERIC C. BECK, d/b/a CONDITIONAL USE PERMIT
ERIC'S RV CENTER, INC.
(d) FRANK T. WILLIAMS CONDITIONAL USE PERMIT
- 36 -
Item 111-J-1
PUBLIC HEARING ITEM # 35718
PLANNING BY CONSENT
Upon moti on by V i ce Mayor Fentress, seconded by Counc i I woman Parker, City
Counci I APPROVED in ONE MOTION Itern J. la and b of the PLANNING BY CONSENT
Agenda.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 37 -
Item iii-J.l.a.
PUBLIC HEARING ITEM # 35719
PLANNING BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
Counc 1 1 ADOPTED the Ord i nance upon app I 1 cat i on of STAR OF THE SEA CATHOL I C
CHURCH for a Change ot Zoning:
ORDINANCE UPON APPLICATION OF STAR OF THE SEA
CATHOLIC CHURCH FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5S TO R-T3 Z06921355
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACii, VIRGINIA
Ordinance upon application of Star of The Sea
Catholic Church for a Change of Zoning District
Classification from R-5S Residential Single Family
District to R-T3 Resort Tourist District on certain
property located at the northwest corner of Pacific
Avenue and 14th Street. The proposed zoning
classification change to R-T3 Resort Tourist
District is for hotel and other complementary
resort facility land use. The Compr,-,hensive Plan
recommends use ot this parcel for public
facility/institutional/government land use. Said
parcel contains 43,124 square feet. VIRGINIA BEACH
BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of
June Nineteen Hundred and Ninety-Two.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 38 -
Item 111-J.l.b.
PUBLIC HEARING ITEM # 35720
PLANNING BY CONSENT
Upon mot i on by V i ce Mayor Fentress, seconded by Counc i I woman Parker, City
Counc i I ADOPTED the Ord i nance upon app I i cat 1 on of P & D OF NORFOLK, I NC., a
Virginia Corporation for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF P & D OF NORFOLK,
INC., A VIRGINIA CORPORATION FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT
R06921440
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of P & D of Norfolk,
Inc., a Virginia Corporation for a Conditional Use
Permit for an automobile repair establishment on
the east side of North Great Neck Road, 500 feet
north ot Mill Dam Road. Said parcel is located at
1424 North Great Neck Road and contains 36,000
square feet more or less. LYNNHAVEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (t) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
ot June. Nineteen Hundred and Ninety-Two.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 39 -
Item 111-J.2.a.
PUBLIC HEARING ITEM # 35721
PLANNING - RECONSIDERATION
Felix Templeton, 400 Canberry Court, Apartment 1418, Phone,. 428-6574,
represented his application and requested DEFERRAL.
Upon motion by Vice Mayor Fentress, seconded by Counci I man Clyburn, City
Council DEFERRED until the City Council Session of June 23, 1992,
RECONSIDERATION OF CONDITION NUMBER@ ONE, SIX AND SEVEN in the March 24, 1992
approved application of an Ordinance upon application of BUNGEE THRILLS, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BUNGEE THRILLS, INC.
FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL AND
AMUSEMENT FACILITY OF AN OUTDOOR NATURE (BUNGEE
JUMPING) R03921419
Ordinance upon application of Bungee Thrills, Inc.
for a Conditional Use Permit for a recreational and
amusement facility ot an outdoor nature (bungee
jumping) on certain property located on the west
side ot Atlantic Avenue, south of 3rd Street. Said
parcel contains 1.6 acres. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 40 -
Item 111-J.2.b.
PUBLIC HEARING ITEM # 35722
PLANNING - RECONSIDERATION
Gal e M. Levine, the appl !cant, requested the ap pIi cation be WITHDRAWN an d
advised they would be marketing condominiuqs.
Letter from Captain L. K. Fenlon, Jr., Chairman - Great Neck Association ot
Civic Leagues, dated May 29, 1991, in OPPOSITION to the application is hereby
made a part of the record.
Upon motion by Councilman Brazier, seconded by Councilwoman Parker, City
Councli ALLOWED WITHDRAWAL of the RECONSIDERATION OF CONDITION NUMBER ONE in
the Ordinance upon application of GALE M. AND DAVID 1. LEVINE tor a Change of
Zoning (APPROVED June 1, 1987):
ORDINANCE UPON APPLICATION OF DAVID 1. & GALE M.
LEVINE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 TO A-4 Z06871154
Ordinance upon appl ication of David I & Gale M.
Levine for a Change of Zoning District
Classification from A-1 Apartment District to A-4
Apartment District on the following parcels:
Parcel 1: Located 1000 feet more or less south of
Shore Drive beginning at a point 100 feet more or
less east of North Great Neck Road.
Parcel 2: Located 1625 teet more or less south of
Shore Drive beginning at a point 1000 feet more or
less east of North Great Neck Road. Said parcels
contains 22.002 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
This application was MOVED FORWARD to the beginning of the PLANNING AGENDA.
- 41 -
Item III-J.3.a.
PUBLIC HEARING ITEM # 35723
PLANNING
Attorney John Richardson represented the applicant and advised the applicant
was in disagreement with the Parcel A being designated as a public access
easement.
Shelley Stallings, the applicant
Attorney Leonard D. Levine, 192 Ballard Court, represented John Hill Trant, who
was responsible for development of much of this section (Trant Berkshire) and
requested a public asccess easement be denoted.
A Motion was made by Councilman Brazier, seconded by Councilman Clyburn to DENY
the application of WILLIAM and SHELLEY STALLINGS for a Variance to Section
4.4(d) of the Subdivision Ordinance.
A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Vice Mayor
Fentress to APPROVE the application of WILLIAM and SHELLEY STALLINGS for a
Variance to Section 4.4(d) of the Subdivision Ordinance with the following
condition:
Parcel A, as shown on the recorded plat in Map Book
129, Page 37, shall be designated as "a public
access easement".
Councilman Heischober AMENDED his SUBSTITUTE MOTION to APPROVE the application
of WILLIAM and SHELLEY STALLINGS for a Variance to Section 4.4(d) of the
Subdivision Ordinance with the following condition:
Access shall be private with title to be agreed to
by subject parties. (Parcel A, as shown on the
recorded plat in Mapbook 129, Page 37).
BY CONSENSUS, Members of City Council concurred with allowing the amendment to
the SUBSTITUTE MOTION.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED the application of WILLIAM and SHELLEY STALLINGS for a
Variance to Section 4.4(d) of the Subdivision Ordinance.
Application of William and Shelley Sallings for an
appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for William and Shelley
Stallings. Property is located at 2508 Little Lake
Court. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Access shall be private with title to be agreed to
by subject parties. (Parcel A, as shown on the
recorded plat in Map Book 129, Page 37).
- 42 -
Item 111-J.3.8.
PUBLIC HEARING ITEM # 35723 (Continued)
PLANNING
Voting: 7-4
Council Members Voting Aye:
Robert W. Clyburn, Vice Mayor Robert E. Fentress,
Harold Heischober, Louis R. Jones, Paul J. Lanteigne,
Reba S. McCianan and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, James W. Brazier, Jr., Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
4 3
Item 111-J.3-b.
PUBLIC HEARING ITEM # 35724
PLANNING
Attorney Leondard D. Lev i ne, 1 92 Ba I I ard Court, represented the app I i cant and
requested DEFERRAL
Upon motion by Counci I man Brazier, seconded by Counci lwoman Parker, City
Cou nc i I DEFERRED unt i I the C 1 ty Cou nc i I Sess i on of Ju I y 14, an Ord i nance u pon
application of PARCEL 4-A ASSOCIATES, L.P., a Virginia Limited partnership for
a Conditional Zoning Classification:
ORDINANCE UPON APPLICATION OF PARCEL 4-A
ASSOCIATES, L.P, A VIRGINIA LIMITED PARTNERSHIP
FROM 1-1 TO B-2
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Parcel 4-A
Associates, L.P, a Virginia Limited Partnership,
for a Conditional Zoning Classification from 1-1
Light Industrial District to B-2 Comaunity Business
District or commercial land use. The Comprehensive
Plan recommends use of this parcel for
retail/service. Said parcel contains 11.8021 acres.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 44 -
Item 111-J.3.c.
PUBLIC HEARING ITEM # 35725
PLANNING
Eric C. Beck, the applicant, represented himself
Upon mot i on by Cou nc i I man Jones, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of ERIC C. BECK, d/b/a/ ERIC'S Rv
CENTER, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ERIC C. BECK, DBA
ERIC'S RV CENTER, INC. FOR A CONDITIONAL USE PERMIT
FOR MOTOR VEHICLE SALES R06921441
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Eric C. Beck, DBA
Eric's RV Center, inc. for a Conditional Use
Permit for motor vehicle sales and service on Lots
9-14 and Lots 30-35, Block 26, Euclid Place. Said
parcel is located at 266 Jersey Avenue and contains
41,195 square feet. BAYSIDE BOROUGH.
The following condition shall be required:
1. All repairs must be made within the existing
building.
2. The existing fence must be repaired or replaced.
3. Category I landscaping shall be provided within 40
teet west and 40 feet south ot the northeast corner
of this site.
This Ordinance shall be effective in accordance with Section 107 (t) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
of June, Nineteen Hundred and Ninety-Two.
Voting: 11-0
Council Merrbers Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 45 -
Item 111-J.3.d-
PUBLIC HEARING ITEM # 35726
PLANNING
Edward R. Bour don, Pembroke One Bu! I di ng, F! fth F I oor, Phone: 499-8971 ,
represented the applicant
The following registered in OPPOSITION:
Janis Walsh, 1529 Nanneys Creek Road, Phone: 426-5369
Maureen Sigmund, 3105 Dolphin Road, Phone: 481-4056, reprsentd the Southeastern
Association for Virginia's Environment (SAVE)
Upon motion by Counci lman Lanteigne, seconded by Counci [man Sessoms, City
Counci I ADOPTED an Ordinance upon appl ication of FRANK T. WILLIAMS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FRANK T. WILLIAMS FOR
A CONDITIONAL USE PERMIT FOR SINGLE-FAMILY HOMES IN
THE AG AGRICULTURAL DISTRICT R06921442
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VLRGINIA
Ordinance upon application of Frank T. Williams for
a Conditional Use Permit for single family homes in
the AG Agriculture District on certain property
located on the north side of Nanneys Creek Road,
1550 feet more or less west of Charity Neck Road.
Said parcel contains 53 acres. PUNGO BOROUGH.
The following conditions shall be required:
1. A fifty (50) toot vegetative buffer shall be
established on all lots abutting an on-going
agricultural operation prior to tinal plat
recordation. The vegetative butters shall be
established in accordance with the guidel ines
described in the Comprehensive Plan. The site
development plan and final plat must include a note
stating that no development or clearing of
vegetation will be allowed within the delineated
butfer areas.
2. Construction of two (2) homes shall be allowed the
first year and then two (2) each year after, for a
total of sixteen (16) lots.
3. Developer will dedicate a three (3)-acre site to
the City at no cost to the City for parks and
recreational purposes. The exact location of the
three-acre site will be determined and agreed to by
the developer, the applicant and the Director of
Parks and Recreation.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of
June, Nineteen Hundred and Ninety-Two.
4 6
Item 111-J.3.d.
PUBLIC HEARING ITEM # 35726 (Continued)
PLANNING
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and William D. Sessom , Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
4 7
Item Ill-K.l.a
RESOLUTION ITEM # 35727
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Counci I man Sessoms, City
Council AGREED to ADD TO THE AGENDA:
Resolution attirming "Greenways, Trails and
Bikeways Plan" Committee, incorporating utility
easements and other rights-of-way; recommending
changes in the Master Bikeway Plan; and,
recommnding ordinances to promote development of a
comprehensive Greenways, Trails and Bikeway Plan.
(This Resolution supercedes the one adopted
Decerrber 17, 1991.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 48 -
Item Ill-K.l.b
RESOLUTION ITEM # 35728
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED:
Resolution affirming "Greenways, Trails and
Bikeways Plan" Committee, incorporating utility
easements and other rights-of-way; recomffending
changes in the Master Bikeway Plan; and,
recommending ordinances to promote development of a
comprehensive Greenways, Trails and Bikeway Plan.
(This Resolution supercedes the one adopted
December 17, 1991.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLTJTION AFFIRMING THE "GREENWAYS, TRAILS,
2 AND BIKEWAYS PLAN" TO INCORPORATE UTILITY
3 EASEMENTS AND OTHER RIGHTS-OF-WAY, RECOMMEND
4 CHANGES IN THE MASTER BIKEWAY PLAN, DEVELOP
5 INCENTIVES, SUGGESTIONS, AND RECOMMEND
6 ORDINANCES TO PROMOTE THE DEVELOPMENT OF A
7 COMPREHENSIVE GREENWAYS, TRAILS, AND BIKEWAYS
8 PLAN
9 WHEREAS, the City Council is desirous to create a
10 Greenway System of trails for people and animals in conjunction
11 with present plans and future plans, in coordination with
12 residential and commercial development and roadway plans in both
13 developed and undeveloped areas of the City; and
14 WHEREAS, the City Council desires to create the
15 Greenways, Trails, and Bikeways Plan and requests the Planning
16 Department, in conjunction with the Planning Commission, to develop
17 plans, incentives, and regulations to promote those ends; recommend
18 revisions to the present Plan that may be appropriate to foster,
19 promote, and encourage the efficient and economical development of
20 bikeways, greenways, and trails systems within subdivisions,
21 encouraging their interconnection between contiguous subdivisions
22 and among activity centers within the City, as well as neighboring
23 jurisdictions, and to include areas of potential development.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 That in addition to the above concept, the Planning
27 Department and Planning Commission are requested to create a Master
28 Greenways and Trails Plan. This Plan shall include the City's
29 Master Bikeway Plan and make recom-mendations, including additions
30 and deletions to that Plan, as may be appropriate, so as to
31 accomplish the following:
32 1. Utilization of appropriate public rights-of-way and
33 easements for greenways, bicycles, horseback trails, and
34 walking/jogging trails so as to provide a safe and scenic
35 environment for use by the citizens in areas of the City and our
36 visitors;
37 2. Utilization of railroad rights-of-way and Virginia
38 Power easements and rights-of-way for the greenways, bikeways, and
39 trails.
4 0 3. Review the City's Subdivision Ordinance and recommend
41 development regulations and other incentives to City Council to
42 encourage developers of real estate to include amenities such as
43 greenways, open spaces, bicycle trails, and walking/jogging trails
44 within and adjacent to their developments and to provide for the
45 connection of such amenities between contiguous subdivisions and to
46 adjacent activity centers so as to provide the opportunities for
47 the citizens to use such amenities to a greater extent, which are
48 to be planned in conjunction with the existing Bikeway Plan.
49 4. Incorporate the Greenways, Trails, and Bikeways Plan
50 into the Master Street and Highway Plan.
51 WHEREAS, the City Council desires public input into the
52 planning of the greenways, trails, and bikeways.
53 BE IT FURTHER RESOLVED:
54 That a committee be created to serve, for a period of one
55 (1) year or such time as is required to complete the Plan, in an
56 advisory capacity to the Planning Department to assist in preparing
57 this Plan. The Committee shall consist of three people from the
58 Greenways With Growth Organization, one representative of the
59 Planning Co-mmission, one person from the Department of Parks and
60 Recreation, two persons from Virginia Power and the owners of
61 railway easements, two citizens from the rural areas of the City,
62 two registered professional landscape architects, one
63 representative of the Traffic Engineering Office, one
64 representative from the Tidewater Builders Association,
65 representatives from the bicycling participants in the area, and
66 such other persons as City Council may designate.
67 BE IT FURTHER RESOLVED:
68 That this Resolution shall supercede Resolution No. R-9l-
69 02038 adopted by City Council on December 17, 1991.
2
70 Adopted by the council of the City of Virginia Beach,
71 Virginia, on the 9 day of June 1 1992.
72 CA-4703
73 ORDIN\NONCODE\TRAILS.RES
74 R-2
3
- 49 -
Item Ill-K.l.c
APPOINTMENTS ITEM # 35729
BY CONSENSUS, City Council RESCHEDULED the tollowing APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
CLEAN COMMUNITY COMMISSION
DEVELOPMENT AUTHORITY
FRANCIS LAND HOUSE BOARD OF GOVERNORS
MILITARY LIAISON COMMISSION
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
- 50 -
Item Ill-K.l.d
APPOINTMENTS ITEM # 35730
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE
David S. Taylor Landscape Engineer/Planner
Tidewater Builders Association
William M. Eason - Virginia Natural Gas
Reese F. Lukei, Jr. - American Hiking Society
Valerie J. Henchel - Trattic Engineering
J. Barry Frankenfield - City Parks/Recreation Department
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
5 1
Item Ill-K.I.e
APPOINTMENTS ITEM # 35731
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
HAWTON ROADS PLANNING DISTRICT COMMISSION
Reba S. McCianan
Citizen-Meffber to the Executive Committee
July 1, 1992 - October 31, 1992
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, , Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
- 52 -
Item 111-M.I.
NEW BUSINESS ITEM # 35732
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Ordinance to extend to the City Assessor, City
Attorney and City Clerk the same Increase in
benetits provided in the FY 1992-1993 Operating
Budget to City eaployees on the Executive,
Administrative and General pay plans.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
sponsored by Vice-Mayor Robert E. Fentress
1 AN ORDINANCE TO EXTEND TO THE CITY
2 ASSESSOR, CITY ATTORNEY, AND CITY
3 CLERK THE SAME INCREASE IN BENEFITS
4 PROVIDED IN THE FISCAL YEAR 1992-93
5 OPERATING BUDGET TO CITY EMPLOYEES
6 ON THE EXECUTIVE, ADMINISTRATIVE,
7 AND GENERAL PAY PLANS
8 WHEREAS, on May 12, 1992, City Council adopted the Fiscal
9 Year 1992-93 Operating Budget;
10 WHEREAS, the Operating Budget included the following
11 increase in benefits for City employees on the executive,
12 administrative, and general pay plans:
13 (1) a general increase of two (2)
14 percent effective July 1, 1992;
15 (2) a general increase of two and one-
16 half (2 1/2) percent with a twelve
17 hundred (1200) dollar cap effective
18 January 1, 1993; and
19 (3) an increase of twenty (20) dollars
20 per month in the City contribution
21 to health care premiums;
22 WHEREAS, pursuant to Section 2-89 of the City Code, City
23 Council has the authority to provide for the salaries and benefits
24 of its direct appointees; and
25 WHEREAS, City Council has determined that the benefits to
26 be provided to City employees in the Fiscal Year 1992-93 operating
27 Budget should also be provided to the City Assessor, City Attorney,
28 and City Clerk.
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31 That the benefits provided in the Fiscal Year 1992-93
32 operating Budget to city employees on the executive,
33 administrative, and general pay plans are hereby extended to the
34 City Assessor, City Attorney, and City Clerk.
34 Adopted by the council of the city of Virginia Beach,
35 Virginia, on the 9 day of June , 1992.
36 CA-4699
37 ORDIN\NONCODE\BENEFIT.ORD
38 R-1
2
5 3
Item ill-M.2-
NEW BUSINESS ITEM # 35733
Maryann 1. Ustick, Director - Department of Housing and Neighborhood
Preservation, explained the Burton Station Land Acquisition and resident
relocation
Mattie Bailey, Housing Specialist I - Department of Housing and Neighborhod
Preservation, responded to City Council's inquires re relocation assistance
and the acquisition process.
Mark Wawner, Manager of Economic Development, spoke relative the feasiblity of
the proposed plan.
The following residents of Burton Station expressed concern relative the
acquisition price:
Linda P. Carrington, 5908 Evelear Avenue
Issac Herbert, 1264 Tim Road, Phone: 464-5849, represented the Burton Station
Civic League
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution directing City staff to develop a
funding plan for the Burton Station Project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
This item was MOVED FORWARD after the CONSENT AGENDA.
Sponsored by Councilman Louis R. Jones
1 A RESOLUTION DIRECTING
2 CITY STAFF TO DEVELOP A
3 FUNDING PLAN FOR THE
4 BURTON STATION PROJECT
5 WHEREAS, the BUrton Station area is located adjacent to
6 Norfolk International Airport and is also located in a high noise
7 zone which renders the area unsuitable for residential use;
8 WHEREAS, the industrial and commercial land uses and the
9 transportation corridors adjacent to the Burton Station area
10 effectively isolate the residential component of the area from
11 other residential areas;
12 WHEREAS, City staff has determined that the costs of
13 providing water and sewer service to residents of the
14 residentially-zoned portion of the Burton Station area and
15 rehabilitating those houses which are in substandard condition
16 would be greater than the costs of relocating those same residents
17 to suitable housing in other neighborhoods;
18 WHEREAS, rehabilitation of housing units in non-
19 residentially-zoned sections of the Burton Station area is not
20 feasible since federal funds cannot be used to improve housing in
21 those sections;
22 WHEREAS, a series of meetings with residents of the
23 Burton station area has been held to apprise residents of the
24 problems associated with revitalization of the area as a
25 residential neighborhood; and
26 WHEREAS, based on these constraints, the residents have
27 expressed a general agreement that acquisition of land in the
28 Burton Station area and relocation of the residents needs to be
29 undertaken as soon as possible.
30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
31 OF VIRGINIA BEACH, VIRGINIA:
32 That City staff is hereby directed to develop a funding
33 plan for the acquisition of land in the Burton Station area and the
34 relocation of residents to comparable and suitable housing in
35 accordance with federal requirements established by the Uniform
36 Relocation Assistance and Real Property Acquisition Policies Act of
37 1970, as amended (URA).
38 BE IT FURTHER RESOLVED:
39 That the funding plan shall be submitted in conjunction
40 with the cIP to be provided to City Council in the Fall of 1992.
41 Adopted by the Council of the City of Virginia Beach,
42 virginia, on the 9 day of June 1992.
43 CA-4696
44 ORDIN\NONCODE\BURTON.RES
45 R-3
2
RELOCATION ASSISTANCE
OWNER OCCUPIED
EXAMPLE I
LAND AREA .5 AC.
APPRAISED VALUE
LAND VALUE $30,000
BUILDING VALUE $25,000
TOTAL ACQUISITION PRICE $55,000
VALUE OF COMPARABLE DWELLING $75,000
3 BEDROOM/2 BATH
GARAGE/ 1.152 S.F.
REPLACEMENT HOUSING $20,000
ASSISTANT GRANT
(DIFFERENCE BETWEEN ACQUISITION
PRICE AND COMPARABLE VALUE)
MOVING EXPENSES $ 750
(5 ROOMS - STANDARD)
SUMMARY OF RELOCATION PAYMENT
ACQUISITION PRICE $55,000
REPLACEMENT HOUSING
ASSISTANT GRANT $20,000
MOVING EXPENSES $ 750
TOTAL PAYMENT $75,750
OTHER SERVICES AS NEEDED
ACTUAL MOVING EXPENSE REIMBURSEMENT,
NO MAXIMUM/TWO ESTIMATES
COUNSELING ASSISTANCE TO FIND REPLACEMENT HOUSING
- 54 -
item 111-M.3-
NEW BUSINESS ITEM # 35734
ADD-ON
Concerning the OCEAN PARK DRAINAGE PHASE 11 and CITY BOAT LANDING
FACILITY/MARLIN BAY LANE AGREEMENTS, the City Manager advised a BRIEFING shall
be SCHEDULED for the Ocean Park Civic League; after which, said agreements
shall be SCHEDULED for action by City Council.
5 5
item 111-0.1.
ADJOURNMENT ITEM 35735
Mayor Meyera E. Oberndorf DECLARED the MEETING ADJOURNED at 5:35 P.M.
Be r O@ H..
C ty C@
h,et D
th Hdg. S@,th, CMCI@AE Meyera E. Oberndort
City Clerk Mayor
City of Virginia Beach
Virginia