MAY 1, 1989
"WORLD'S LARGEST RESORT CITY'
CITY COUNCIL
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ITEM 1. CITY COUNCIL WORKSHOP - Conference Room - 11:00 AM
A. FY 1989-1990 OPERATING BUDGET - RECONCILIATION
ITEM 11. CITY MANAGER'S BRIEFING - Conference Room - 12:30 PM
A. CONDITIONAL ZONING - Alternatives and Issues
Robert Scott - Director of Planning
ITEM 111. COUNCIL CONFERENCE SESSION - Conference Room - 1:00 PM
A. CITY COUNCIL CONCERNS
ITEM IV. INFORMAL SESSION - Conference Roorn - 1:30 PM
A. CALL TO ORDER - Nbyor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM V. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Herbert Hobbs
Baylake United %thodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF T[iE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - April 24, 1989
2. PUBLIC HEARING - FY 1989-90 OPERATING BUDGET - April 25, 1989
E. CITY MANAGERIS PRESENTATION
1. PEMBROKE AREA TRANSPORTATION ANALYSIS
F. PUBLIC HEARING
1. PLANNING
a. RECONSIDERATION: Application of EXXON COMPANY ' U.S.A. for a
Conditional Use Permit (approved March 14, 1988) on property
To-cated at the Southwest corner of Indian River Road and South
Military Highway (841 South Military Highway) (KEMPSVILLE
BOROUGH).
G. RESOLUTION/ORDINANCES
1. Resolution stating support of leaving the open season for deer
hunting in the City of Virginia Beach frorn October First through
November Thirtieth of each year.
2. ENCROACHMENT:
Ordinance authorizing and approving, upon conditions,
encroachments by two awnings on the premises of Milton's Pizza,
1826 Atlantic Avenue (VIRGINIA BEACH).
3. Ordinance to AMEND and REORDAIN Sections 28.5-1, 28.5-3, 218.5-4,
28.5-5' 28.5-6 and 28.5-10 of the Code of the City of Virginia
Beach re smoking.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinances to AMEND and REORDAIN the City Code of the City of
Virginia Beach:
a. Sections 5-3, 5-5.1, 5-11.1, 5-46, 5-49, 5-68, 5-71 and 5-87 of
re animals and fowl.
b. ADDING a Section numbered 8-10 re buildings and structures
which are unfit tor occupancy.
c. Section 10-1 of the Code of the City of Virginia Beach re
polling places.
d. Section 23-2 of the Code of the City of Virginia Beach re
curfew for minors.
e. Section 33-7 of the Code of the City of Virginia Beach re
sidewalk photographers.
2. Ordinance awarding Ocean Rentals, Ltd., a tranchise to conduct
beach equipment rental operations at Sandbridge Public Beach and to
collect fees for parking and provision of lifeguard and other
specitied services.
3. COST PARTICIPATION AGREEMENTS
a. LASKIN SQUARE $ 4,095.00 Water (CIP 5-306)
8,100.00 Sewer (CIP 6-316)
b. ECONOLODGE $ 2,902.00 Sewer (CIP 6-316)
(Shore Drive and
Seashell Road)
4. OPEN AIR CAFE FRANCHISES
Days Inn Oceanfront 3107 Atlantic Avenue
HWC Investment, Inc. 3301 Atlantic Avenue
t/a Four Sails/Ellington's
Laverne's Restaurant 701 Atlantic Avenue
t/a Chix Cafe
Seashore Management 701 Atlantic Avenue
t/a Laverne's
5. Ordinance upon SECOND READING to APPROPRIATE $646,381 to the Police
Department for the purchase ot a helicopter.
6. Ordinance upon FIRST READING to APPROPRIATE $28,870 to the
Department of Mental Health/Mental Retardation and Substance Abuse
for the Community Youth Against Drugs Program.
7. Ordinance to TRANSFER surplus funds of $737,942 to Projects 1-964
Various Schools Air Conditioning - Phase I I and 1-965 Various
Schools Air Conditioning - Phase I11 to provide for the air
condltioning of additional schools.
8. Ordinance to TRANSFER $37,500 to the Department of Juvenile
Probation for detention and group home placement costs.
9. Ordinance to TRANSFER $30,000 from the Erosion Council's FY 1988-89
Operating Budget to the Department of Convention and Tourist
Development for a publicity campaign associated with the sand
replenishment project at the resort area.
10. LOW BIDS:
McKENZIE CONSTRUCTION CORPORATION $597,000.00
(Fire Training Center/
Warehouse Facility Addition)
REA CONSTRUCTION $469,911.62
(Highway Safety Improvements
Oceana Boulevard Intersection Improvernents)
11. RAFFLF/BINGO PERMITS
ARAGONA PEMBROKE LITTLE LEAGUE Bingo/Raff le
12. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
CLASSIC LIMOUSINE
PACIFIC CORPORATION
13. Ordinance authorizing tax refunds in the amount of $3,759.44.
1. APPOINTMENTS
VIRGINIA BEACH EROSION COMMISSION
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
FY 1989-1990 OPERATING BUDGET SCHEDULE
MAY 8, 1989
2:00 PM
PUBLIC HEARING AND FIRST READING
APPROPRIATION ORDINANCE
FY 1989-1990 OPERATING BUDGET
(Formal City Council Session)
MAY 15, 1989
2:00 PM
SECOND READING AND ADOPTION BY CITY COUNCIL
FY 1989-1990 OPERATING BUDGET
(Formal City Council Session)
(All other Sessions will be in accordance
with the City Code)
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vlrginia Beach, Virginia
May 1, 1989
The FY 1989-1990 OPERATING BUDGET RECONCILIATION WORKSHOP of the VIRGINIA BEACH
CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference
Roori, City Hall on Monday, May 1, 1989, at 11:00 A.M.
Council Members Present:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold fleischober, Barbara M. flenley, Reba S.
McClanan, Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
John A. Baum (ENTERED: 11:12 A.M.)
John D. lqoss (ENTERED: 11:22 A.M.)
John L. Perry (ABSENT due to illness)
- 2 -
I T E M S 0 F T H E C I T Y M A N A G E R
ITEM # 31134
The City Manager advised the process ot placing sand on the Resort Area beaches
commenced today, May 1, 1989, at Twelfth Street. This wi I I be ongoing during
the summer months.
- 3 -
C I T Y M A N A C E R ' S B R I E F I N G
CONDITIONAL ZONING - ALTERNATIVES AND LSSUES
12:35 P.M.
ITEM # 31135
Robert Scott, Director of Planning, distributed a copy of House Bill 1484,
implementing the new Conditional Zoning powers granted localities in Virginia
by the General Assembly effective July First and his Memorandum relative
Conditional Zoning.
There are two very iniportant limitations of this new le-.islation:
(1) A Reasonable relationship must exist between the
proffer and the desired rezoning.
(2) Must be in accordance with the Comprehensive Plan.
Robert Scott advised the difficult policy choices of the City Council:
Relationship of the Conditional Zoning Process to
the Comprehensive Plan.
Relationship of the Conditional Zoning Process to
the Capital Improvement Program.
Relationship to the GREEN LINE and potential to
future movement of the GREEN LINE relative road
improvement programs.
Carefully drawn guidelines concerning possible
acceptance of cash.
Working relationship between the City Council,
Planning Commission and City Staff relative
acceptance of proffers.
Legal liability to every property owner to provide
a reasonable zoning for his or her property.
Potential for additional staff to handle
applications which would entail a lengthy review
period.
Normally, the time of the initial application for
rezoning and the action by City Council is in the
vicinity of 90 days. Conditional Zoning will most
probably lengthen the review period.
Relationship to TRANSFER OF DEVELOPMENT RIGHTS.
The proffering of conditions is voluntary. An applicant is not bound to make
proffers.
The relationship of Conditional Zoning to the Conditional Use Process should
also be a focus for consideration.
This legislation is by an Act to amend the Code of Virginia by ADDING a section
nuinbered 15.1-491.2:1 relating to conditions as a part of a rezoning or
amendment to the zoning map in certain localities.
BY CONSENSUS, City Council SCHEDULED a WORKSHOP Wednesday, May 31, 1989, at
2:00 P.1i. relative Conditional Zoning.
As per request of Councilman Moss who will be in Florida, the City Clerk will
provide a recording and material relative this WORKSHOP.
May 1, 1989
- 4 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 31136
Mayor Oberndorf advised she had greeted the ONE MILLIONTH VISITOR to the Marine
Science Museum who was the recipient of a prize trip to Orlando, Florida.
Unfortunately, there were some negative responses froni citizens who believed
the City paid for this trip. !,lac Rawls, Director of the Marine Science Museum,
will respond in writing regarding the financing of said prize. The Museum is
not quite three years old and has already received ONE MILLION visitors.
ITFM # 31136
Mayor Oberndorf referenced the cooperation of the Virginian-Pilot and the
Ledger Star regarding Proposed Ban on Newsracks. The City Manager distributed
sketches regarding newspaper racks which would adhere to the overall aesthetic
improvements to enhance the Beach Borough.
Vice Mayor Fentress will ADD-ON to the City Council Agenda under NEW BUSINESS a
Resolution agreeing to remove from the provisions of Sections 23-60 and 33-18
of the City Code the regulation of Newspaper vending machines pending an effort
by City Staff and representatives of newpaper publishers to reach a compromise
on the placement of newspaper vending inachines on public and private property
in the resort tourist districts that will address the City's concerns and will
be in the best interest of the City, newspaper publishers, the citizeds and
tourists who visit the Oceanfront; and, Ordinances to Amend and Reordain
Section 23-60 and 33-18 of the Code of the City of Virginia Beacli, pertaining
to vending riachines on public and private property.
May 1, 1989
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITFII # 31137
Councilman Balko referenced an Ordinance upon application of SUZUKI OF VIRGINIA
BEACH, INC., for a Conditional Use Permit for motor vehicles sales and services
(DENIF,D on April 24, 1989). Councilman Balko spoke to the owner of Suzuki
relative his concerns. This item will be ADDED-ON under UNFINISHED BUSINESS
for SCHEDULING of RECONSIDERATION.
ITEM # 31138
Councilman Balko referenced the proper placement of numbers on homes and
businesses for easily visibility.
ITF2,1 # 31139
Councilr.qan Sessoms referenced meetings on prenatal care with Dr. Sjolund,
Hector Rivera and Rita Wood Hughes of Virginia Beach General Hospital. The
problem must be addressed. Virginia Beach General has agreed to provide the
nurses, dieticians; et cetera, on Tuesday and Wednesday evenings from 5:00 to
10:00 P.M., at cost. Approximately 90 days of services would entail $27,000.
Councilman Sessoms will SCHEDULE this item for a forthcoming City Council
Agenda within the next two weeks.
ITIM # 31140
Councilman Moss requested when the Development Authority purchases property,
the media make it clear the City is not purchasing property and the City's
credit is not at risk.
ITEM # 31141
Councilman Moss inquired, when deciding upon conversion of School Sites as this
was a change in the use of the property and is similar to a rezoning with the
involvenent of traffic, were all of the factors considered relative their
impact on the neighborhood. Councilman Moss requested the School Site Selection
Committee share the prospective with the affected parties relative conversion
of School sites from Elementary to HIgh Schools or vice versa.
i@lay 1, 1989
- 6 -
ITEM # 31142
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by
Mayor Meyera E. Oberndorf i n the Con f erence Room, C i ty Ha I IBui Iding, on
Monday, Vey 1, 1989, at 1:30 P.M.
Council Members Present:
Albert W. Balko, John A. BaLin, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Counci I Members Absent:
John L. Perry
- 7 -
ITEM # 31143
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct it5 EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, dernotion, salaries, discipl ining or
resignation of public officers, appointees or employees.
Upon motion by Counci Iman Wss, seconded by Vice Mayor Fentress, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 1, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Ha I I Bui lding, on Monday, Voy
1, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
John L. Perry
INVOCATION: Reverend Herbert Hobbs
Baylake United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item V-D.I.
MINUTES ITEM 31144
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of the City Council
Meeting of April 24, 1989, as AMENDED*:
*Page 33, ITEM # 31124
ORDINANCE UPON APPLICATION OF FERRELL PARKWAY
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-20 TO 0-2 Z04891244
The following shall be included as deed
restrictions relative the resale of the office
property:
2. Access shall be limited to Gettere@ i;ooti@
Boulevard afld Fefrel-I the intersection
of London Bridge and General Booth and access
on Ferrell Parkway where the combined entrance
is shown on Conceptual Site Plan entitled:
"Master Plan for Municipal Facilities, dated
December 28, 1988 by Krummel and Jackson".
4. The signage shall be monument type with
landscaping.
7. Development design shall be compatible with the
structures in the immediate area (Nimmo
Church).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert
Fentress, Haroid Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, flayor lleyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 10 -
Item V-D.2.
MINUTES ITEM # 31145
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Balko, City Counci I
APPROVED the MINUTES of the PUBLIC HEARING - FY 1989-90 OPERATING BUDGET of
April 25, 1989, as CORRECTED*:
Counci lwoman Parker advised she was not ref lected as
entering late, the MINUTES should correctly state:
Counci I Member Nancy K. Parker (ENTERED: 7:35 P.M.)
Voting: 9-0
Counci I Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf ,
Nancy K. Parker and William D. Sessoms, Jr.
Council %mbers Voting Nay:
None
Council Members Abstaining:
John A. Baum
Counci I Members Absent:
John L. Perry
*Counci Iman Baum ABSTAINED as he was not in attendance during the PUBLIC
HEARING of April 25, 1989.
Item V-E. 1 .
CITY MANAGERIS PRESENTATION ITEM # 31146
PEMBROKE AREA TRANSPORTATION ANALYSIS
C. Oral Lam bert, Jr., Director of Public Works, advised the consulting
eng i neer 1 ng f i rm of Fred er i c R. liarr i s , I nc. and the I and use p I an n i ng/ u rban
d es i g n f i rm of John P i cka rd Assoc i ates, I nc . were j o i nt I y reta i ned by the C i ty
of Virginia Beach to conduct the PEMBROKE AREA TRANSPORTATION ANALYSIS.
A PUBLIC MEETING has been SCHEDULED for presentation of the FINAL REPORT of the
PEMBROKE TRANSPORTATION ANALYSIS tonight, May 1, 1989, 7:30 P.M., Central
Library Auditorium.
John Pickard represented John Pickard Associates and Louis Grimm, Associate
Vice President, represented Frederic R. Harris, Inc. The principal scope of
the analysis conducted involved the quantification of alternate land use
development plans for the project area, the estimation of traffic volumes which
would be generated by these alternative land use plans in the Year 2010, the
development and evaluation of alternative highway system improvement plans
designed to accommodate these projected travel demands, and the definition of a
recommended improvement program for the project area street system, including
the preparation of cost estimates and establishment of an implementation
staging plan. Additionally, recommendations were prepared relative to the
establishment of specific policies and programs which would have the potential
to reduce the dependence of the Pembroke Central Business District on the use
of the single occupant, private automobile for access to the area.
Three separate development scenarios for the Year 2010 were examined and
socioeconomic inputs developed for purposes of travel demand modeling. The
development scenarios included in this study are:
Land Use Scenario "Aft Detailed quantification of
the presently adopted City of
Virginia Beach Comprehensive
Plan as forecast by SVPDC
Land Use Scenario tfbtl Central Business District
Association Plan (developed
by EDAW, Inc.)
Land Use Scenario TICTI Developed by Frederic R.
Harris, Inc. and John Pickard
Associates in association
with City of Virginia Beach
staff under the present
contract.
The Consultants began with Level 1 Improvernents. These are a number of major
highway system improvements currently in the initial construction of final
design phases, which will provide dramatic increases in highway capacity in the
Pembroke Area. Specifically, these projects include: the widening and
reconstruction of Independence Boulevard to an eight-lane arterial cross
section between the Independence Boulevard/Holland Road intersection on the
south and Haygood Road on the north (Independence Boulevard Phases Ill and IV),
the Baxter Road Flyover, and the proposed Constitution Drive Flyover. Tbe
latter project is presently in the location studies/environmental analysis
phase, with final design activities scheduled to begin in mid-to-late 1989.
These four major projects alone will represent an investment of approximately
$84.1-Million in the Pembroke area highway system over the next five years. The
Level 2 Improvements represent a group of I'safell actions. Generally of an
intersection specific/minor approach widening nature, with the exception of the
proposed Jeanne Street/Constitution Drive reconstruction, all of these projects
appear to have significant merit over the near term, regardless of what the
ultimate land use development plan for the project area turns out to be. The
estimated total cost of the recommended Level 2 Improvements is approximately
$1.01-Million
- 12 -
Item V-E. 1.
CITY MANAGER'S PRESENTATION ITEM # 31146 (Continued)
PEMBROKE AREA TRANSPORTATION ANALYSIS
Level 3 Improvements represent a group of relatively large-scale improvements.
These include such major actions as: creation of grade separated urban
interchange type structures at Bonney Road and Independence Boulevard, Virginia
Beach Boulevard and Independence Boulevard, and Virginia Beach Boulevard and
Constitution Drive. There is a recommendation to widen and improve the
Cleveland and Columbus facility to a six-lane arterial cross section from a
point to the west of Kellam Road to a point east of Constitution. In essence,
providing two major east/west streets. East/west travel is a major concern in
the future. In total, the Level 3 Improvements are estimated to cost
approximately $34.4-Million, with estimated construction costs of approximately
$28.7-Million and estimated right-of-way costs of approximately $5.7-Million.
The Level 4 Improvements are those to which the greatest degree of uncertainty
is attached. Clearly, such potential actions as the widening and reconstruction
of Witchduck Road to a six-lane divided arterial cross section between Princes
Anne Road and Independence Boulevard or the construction of an elevated, four-
lane expressway along the South Boulevard corridor represent very major
infrastructure investments which should be undertaken only when clearly
required. The total estimated cost of the Level 4 Improvements is
approximately $98-Million.
SUM14ARY OF TOTAL ESTIMATED HIGHWAY IMPROVEMENT COSTS
IN THE PEMBROKE AREA
Cumulative
Improvement Incremental Cumulative Percent of
Total Cost
Level 1 $84,091.0 $ 84,091.0 38.7
Level 2 1,011.6 85,102.6 39.1
Level 3 34,418.0 119,520.6 54.9
Level 4 98,002.8 217,523.4 100.0
GRAND TOTAL $217,523.4
Of the total investment of approximately $217-MILLION, 39% or $84-MILLION is
already included in the Level I Improvements (projects already committed)
A somewhat scaled back list of recommendations, proceed with Level 1
Improvements already in the pipeline, the additional Level 2 Improvements that
are basically intersection upgrades with the exception of the
Jeanne/Constitution facility and the Level 3 Improvements, but only some of the
Level 4 Improvements. The primary difference here entails postponing the
decision on the proposed east/west viaduct.
I-,i addition to the recommended physical improvements to the existing street
system as described above, there are a number of transportation policy and
travel demand management actions which should be initiated to complement and
maximize the efficient use of the Pembroke Area street system. It is in the
best interests of both the public and private sectors that a strong and
continuing transportation system management (TSM) program be established for
the Pembroke Area as a means by which to reduce reliance on the single occupant
automobile.
- 13 -
Item V-E. 1.
CITY MANAGER'S PRESENTATION ITEM # 31146 (Continued)
PEMBROKE AREA TRANSPORTATION ANALYSIS
In this regard, it is strongly recommended that the following actions be taken:
Establishment of a Pembroke Area Transportation Coordination
Office
Implementation of a staggered work hour, flex time program
Expansion of current ridesharing activities
Encouragement of transit, bicycle and pedestrian modes
Establishment of a Pembroke Area Parking Management District.
Establishment of an on-oing traffic and land use monitoring
program.
In addition to the Transportation System Management actions, if there is a
desire to make Pembroke a real urban center, there are some urban design
considerations which should be investigated: Second level pedestrian decks
particularly across Virginia Beach Boulevard linking into the Mall, greater
utilization of parking garages and off-street access, revitalization and
landscaping. Specifically with regard to landscaping activities, more co-
ordinated street signing program, underground wiring of existing utilities,
facade improvements, private sector provision of off-street smaller parks and
co-ordinated street lighting should be provided.
- 14 -
Item V-F. I .
PUBLIC HEARING ITEM # 31147
PLANNING
Attorney James Pickrell, Phone: 627-8365, represented the applicant
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
APPROVED the waiv er of a port ion of Con d it ion No. 4 stati ng: "There sha II be
no canopy at this location" in the RECONSIDERATION: Appl ication of EXXON
COMPANY, U.S.A. for a Conditional Use Permit (approved Verch 14, 1988) on
property located at the Southwest corner of Indian River Road and South
Mi I itary Highway (841 South Mi I itary Highway) (KEMPSVILLE BOROUGH) . This
Waiver will a I low the requested canopy.
ORDINANCE UPON APPLICATION OF EXXON COMPANY, U.S.A.
FOR A CONDITIONAL USE PERMIT FOR A CAR WASH AND GAS
PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE
R03881123
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Exxon Company,
U.S.A., for a Conditional Use Permit for car wash
and gas pumps in conjunction with a convenience
store on certain property located at the southwest
corner of Indian River Road and South Mi I itary
Highway. Said parcel is located at 841 South
Mi I itary Highway and contains 1.02 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
4. The Variance is twenty-seven (271) from the
property I ine pl us thirty-three (331) feet to the
road; therefore, sixty (601) feet from the actual
road bed as opposed to thirty-five (351) feet from
the property I ine. Existing gas pumps are twenty
(201) feet from the road and the new gas pumps will
be thirty-eight (381) feet back from the property
line. This Variance has been APPROVED by the Board
of Zoning Appeals. There %oil! 6e me earep@, a* *klr,
ieea#ioi4.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Nbyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Voyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Vembers Voting Nay:
None
Council Members Absent:
John L. Perry
- 15 -
Item V-F. 1.
PUBLIC HEARING
RESOLUTIONS/ORDINANCES ITFII # 31148
Wayne Flora, representing the farmers
Upon motion by Councilman Baum seconded by Councilman Sessoms, City Council
ADOPTED:
Resolution stating support of leaving the open
season for deer hunting in the City of Virginia
Beach from October First through November Thirtieth
of eacti year.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Ifenley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
REQUESTED BY: COUNCILMAN JOHN BAUM
R E S 0 L U T I 0 N
WHEREAS, the Virginia Beach City Council
understands that the 1989-90 Wildlife and Law Enforcement
Proposals will have a direct effect on the deer season
as it now exists in the City of Virginia Beach; and
WHEREAS, it is hoped that the wishes and concerns
of many sportsmen, farmers, and citizens of Virginia Beach be
considered by the Commissioners of the Game Commission when a
vote is taken on May 5, 1989;
NOW, THEREFORE, BE IT RESOLVED that the Virginia
Beach City Council is in support of leaving the open season
for deer hunting in the City of Virginia Beach as it has been
from October 1st through November 30th of each year.
ADOPTED: May 1, 1989
- 16 -
Item V-F.2.
RESOLUTIONS/ORDINANCES ITEM # 31149
George P. Kotarides, Jr., 409-302 Harbour Point, Phone: 422-3211, the
applicant, represented himself
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council DENIED:
Ordinance authorizing and approving, upon
conditions, encroachments by two awnings on the
premises of Milton's Pizza, 1826 Atlantic Avenue
(VIRGINIA BEACH BOROUGH).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. i@loss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
May 1, 1989
1 7
Item V-F.3.
RESOLUTIONS/ORDINANCES ITEM # 31150
Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Sections 28.5-1,
28.5-3, 28.5-4, 28.5-5, 28.5-6 and 28.5-10 of the
Code of the City of Virginia Beach re smoking.
Councilwoman McClanan requested the City Attorney advise relative the
possibility of changing the violation of said Ordinance to a Civil penalty
rather than a Class I Misdemeanor.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara @V@. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
VNF'I'K
DEPARIMr.@,]T
AP
CITY ATIOR14EY
AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 28. 5-1, 2 8 . 5- 3 , 2 8. 5- 4,
3 28.5-5, 28.5-6 AND 28.5-10 OF THE
4 CODE OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO SMOKING
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That SectionS 28.5-1, 28.5-3, 28.5-4, 28.5-5, 28 . 5-6
10 and 28.5-10 of the code of the City of Virginia Beach are hereby
11 amended and reordained to read as follows:
12
13
14 Section 28.5-1. Legislative purpose and intent.
15
16 Based on a substantial body of scientific evidence and
17 on the 1986 Report of the Surgeon General entitled "The Health
18 Consequences of Involuntary Smoking", the City of Virginia Beach
19 hereby acknowledges that passively-ihhaled tobacco smoke poses a
20 potential health hazard to persons exposed thereto. The purpose
21 of this chapter is to protect the public health, safety and
22 welfare by regulating the smoking of tobacco in des ignated
23 public places in a manner that
24 recognizes the competing interests of smokers and non-smokers,
25 and the burdens hereby imposed on persons in control of the
26 places so regulated. The regulations contained herein are
27 intended to be viewed as minimum standards and shall not be
28 constru6d as limiting, in any manner, the authority of persons in
29 control of public places nL- to
30 implement more stringent standards applicable to the particular
31 establishment or place-of-employment organization.
32
33 Section 28.5-3. Smoking prohibited in certain public places.
34 (a) It shall be unlawful for any person to smoke in
35 any of the following public places:
36 (1) Elevators, regardless of capacity,
37 except in an elevator located in a
38 single-family dwelling.
39 (2) Retail and service establishments
40 or financial institutions serving
41 the general public, including, but
42 not limited to, departmeiit stores,
43 grocery stores, convenience stores,
44 drug stores, clothing stores, shoe
45 stores, hardware stores, banks,
46 savings and loan institutions, hair
47 salons and barber shops.
48 (3) Indoor service lines, cashier
49 areas, and counter service areas.
50 (4) Public restrooms.
51 (5) Health care facilities, regardless
52 of capacity.
53 (6) Rooms in which a public meeting or
54 hearing is being held.
55 (7) Places of entertainment, including,
56 but not limited to, theatres,
57 concert h a 1 1 s , gymnasiums,
58 auditoriums, or other enclosed
59 arenas.
60 (8) Art galleries, libraries, museums,
61 or similar cultural facilities.
62 (9) Educational facilities, whether
63 public or private, in common areas
64 such as classrooms, of f ices ,
65 hallways, auditoriums, and public
66 meeting rooms.
67 (10) Child-care facilities.
68 (11) Indoor f a c i 1 i t i e sused for
69 recreational purposes.7-@@@i-
70
71 bowling-alleysT-nnd-skating-rinksT
72 (12) Any part of a restaurant, bingo
73 hall or bowling alley designated a
74 .'no-smoking" area pursuant to the
75 provisions of this chapter.
2
7 6 (13) Buildings owned or leased by the
77 city or the school board used for
78 public purposes with the exception
79 of lawfully-designated smokil)g
80 areas.
81 (14) Meeting houses, community centers,
82 group homes, or recreational
83 facilities open to the public at
84 large.
85 (15) Vehicles owned--or-- -@-the
86 city-.and used regularly for public
87 transportation including, but not
88 limited to, transit buses and
89 school buses.
90 (b) The owner or person in charge of any building,
91 structure, space, place -or area in which smoking is prohibited
92 may designate separate rooms or areas in which smoking is
93 permitted, provided that:
94 (1) The designated smoking area shall
95 not exceed twenty-five (25) percent
96 of that portion of the building,
97 structure, space, place or area
98 open to the general public.
99 (2) Notwithstanding the twenty-five
1 00 (25) percent limitation, the
101 designated smoking area may not
10 2 encompass any area outlined in
103 subsec@ion (a) (1), (3), (4), (6),
104 (12) and (15).
10 5 (3) Designated smoking areas shall be
106 separate to the extent reasonably
107 practicable from those rooms or
108 areas entered by the public in the
109 normal course of use of the
110 particular business or institution.
3
(4) I n designated smoking areas,
112 ventilation systems and existilig
113 physical barriers shall be used
114 when reasonably practicable to
115 minimize the permeation of smoke
116 into no-smoking areas.
117
118 Section 28.5-4. Designated no-smoking areas in restauralits,
119 bingo halls and bowling alleys.
120 (a) Any restaurant, bingo hall or bowling alley having
121 a seating capacity of fifty (50) or more persons shall have a
122 designated no-smoking area sufficient to meet customer demand.
123 The designated no-smoking area shall be located in a separate
124 room if one is available or, if no separate rooin is available, in
125 a compact and contiguous area as far removed from areas where
126 smoking is permitted (and closest to the best source of
127 ventilation) as reasonably possible under applicable building,
128 fire and city code regulations.
129 (b) Any restaurant, bingo hall or bowling alley
130 required to have a designated no-smoking area shall post signs in
131 accordance with the provisions of Section 28.5-6 at each entrance
132 to the establishment indicating that a no-smoking area is
133 available.
134
135 Section 28.5-5. Where smoking not regulated.
136 This chapter is not intended to regulate smokiiig in the
137 following places and/or under the following conditions:
138 (a) Bars and lounge areas.
139 (b) Retail tobacco stores.
140 (c) Restaurants, conference/meeting
141 rooms, and public and private
1 4.. assembly rooiiis while these places
143 a r e being used f o r p r i v a t e
144 functions.
14 5 fdf E)ff
146 sheired-work-areas-and-which-are-not
4
147 entered-by-the-pdblic-in-the-normal
148 course- @ -btsiness- @ -use- @ -the
149 premtsest
150 fet(d) Private hospital rooms.
151 fft(e) Areas of enclosed shopping centers or
152 malls that are external to the retail stores
153 and are used by customers as a route of
154 travel from one store to another, and that
155 consist primarily of walkways and seating
156 arrangements.
157 fgt(f) Lobby areas of hotels, motels, and
158 other establishments open to the public for
159 overnight accommodation.
160
161 Section. 28.5-6. Posting of signs.
162 (a) Any person who owns, manages or otherwise controls
163 any building or area in which smoking is regulated by this
164 chapter shall post in an appropriate place in a clear,
165 conspicuous, and sufficient manner "Smoking Permitted" signs or
166 "No Smoking" signs (or a sign displaying the international "No
167 Smoking" symbol -consisting of a pictorial representation of a
168 burning cigarette enclosed in a red circle with a red bar across
169 it). Print on such signs shall be at least one (1) inch in
170 height and the international symbol, if used, shall have a
171 circle of at least four (4) inches in diameter.
172 (b) Every restaurant, bingo hall and bowling alley
173 regulated by this chapter shall post at or near its entrance a
174 sign stating that a no-smoking section is available.
175 (c) "No Smoking" signs may, but are not required to,
176 contain language that smoking is prohibited by city ordinance and
177 that violation of the no-smoking prohibition is a Class 4
178 misdemeanor punishable by a fine up to one hundred dollars
179 ($100.00).
100
5
181
182 Section 28.5-10. Other applicable laws and policies.
183 This chapter shall not be interpreted or construed to
184 permit smoking where it is otherwise prohibited or restricted by
185 other applicable statutes and ordinances, or the policies of
186 individual establishments or organizations.
187
188 This ordinance shall become effective on the 1st day
189 of May, 1989.
190
191 Adopted by the Council of the City of Virginia Beach,
192 Virginia, on the 1st day of 1989.
193
194 RMB/epm
195 04/17/89
196 CA-03272
197 \ordin\proposed\28-005etc.pro
198
199
6
- 18 -
Item V-H.
CONSENT AGENDA ITEM # 31151
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Items I a-e, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13
of the CONSENT AGENDA.
Voting: 10-0
Council 14embers Voting Aye:
Albert W. Balko, John A. Baum, Vice Viayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan,i@ John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoris,
Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Council Lady Nancy K. Parker VERBALLY ABSTAINED on
Items H.4.(c) (Laverne's Restaurant) and H.4.(d)
(Seashore Management) as she does business with
these applicants.
Council Members Absent:
John L. Perry
I'Council Lady McClanan voted a VERBAL NAY on Item V-H.9.
- 19 -
Item V-1f. I
CONSFNT AGENDA ITEM # 31152
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinances to AMEND and REORDAIN the City Code of
the City of Virginia Beach:
Sections 5-3, 5-5.1, 5-11.1, 5-46, 5-49, 5-68,
5-71 and 5-87 of re animals and fowl.
ADDING a Section numbered 8-10 re buildings
and structures which are unfit for occupancy.
Section 10-1 re polling places.
Section 23-2 re curfew for minors.
Section 33-7 re sidewalk photographers.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Jolin A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor @leyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Votin-. Nay:
None
Council Members Absent:
John L. Perry
May 1, 1989
APPPO'v'E,-) AS To CONTENTS
S@NAIVRE
DEPAPTMENT
t@P,@ROVED AS TO LEGAL
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 5-3, 5-5.1, 5-11.1, 5-46,
3 5-49, 5-68, 5-71 AND 5-87 OF THE
4 CODE OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO ANIMALS AND
6 FOWL
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Sections 5-3, 5-5.1, 5-11.1, 5-46, 5-49, 5-68, 5-
11 71 and 5-87 of the Code of the City of Virginia Beach are hereby
12 amended and reordained to read as follows:
13
14
15 Section 5-3. General restriction on keeping of livestock and
16 other animals.
17
18 No person shall keep horses, cows, goats, sheep, swine
19 or other livestock or other animals within the city except in
20 areas designated for agricultural purposes or parcels specially
21 designated by the council for the keeping of such animals. This
22 section shall not be construed to apply to:
23 (1) Companion animals as defined in
24 section 29-213736 3.1-796.41 of the
25 Code of Virginia, 1950, as amended,
26 when such animals are kept as
27 household pets on the premises of
28 the owner;
29 (2) The operation of kennels, when
30 authorized by appropriate
31 provisions of this Code; or
32 (3) The keeping of household pets for
33 sale at retail, where such keeping
34 is authorized pursuant to law.
35
36 Section 5-5.1. Dog killing domestic animals.
37
38 (a) If any dog shall kill another dog or domestic
39 animal other than livestock or poultry, or if the atnimal-wa-rd.&n
40 superintendent of the bureau of animal control, or his duly
41 authorized agent, has reason to believe that such dog has killed
42 another dog or domestic animal other than livestock or poultry,
4 3 the owner of such dog shall be summoned before the general
44 district court of the city to show cause why such dog should not
45 be destroyed. If it appears from the evidence that such dog has
46 killed other dogs or domestic animals of any sort, the court may
47 order the dog destroyed in accordance with the provisions of
48 section 29-213786 3.1-796.117 of the Code of Virginia. It shall
49 be unlawful for any person to harbor or conceal any dog which has
50 been ordered destroyed by the general district court.
51 (b) Any person who owns any dog that has been ordered
52 killed pursuant to subsection (a) above by the general district
53 court and who appeals that decision to the circuit court shall be
54 responsible for the fees connected with the impoundment of the
55 dog by the bureau of animal control. If on appeal, the circuit
56 court determines that the dog should not be destroyed, no such
57 fees for impounding of the dog shall be assessed.
58 (c) The dog shall be confined by the bureau of animal
59 control pending a determination by the general district court
60 pursuant to subsection (a) above and shall remain confined until
61 such time as all of the owner's appeals are exhausted.
62 (d) If the animal-wafden superintendent of the bureau
63 of animal control, or his duly authorized agent, has reason to
64 believe that any dog has killed another dog or domestic animal,
65 said dog may be taken into custody and confined by the bureau of
66 animal control pending determination by the courts pursuant to
67 this section.
68 (e) If any dog shall kill, injure or otherwise
69 endanger any livestock or poultry, the superintendent of the
70 bureau of animal control or his duly authorized agent shall take
71 such action as is set forth in section 3.1-796.116 of the Code of
72 Virginia.
73
74 Section 5-11.1. Impoundment of mistreated animals.
75 (a) It shall be the duty of any animal control officer
76 of the bureau of animal control who finds any animal subject to
77 cruel or inhumane treatment in violation of section 5-11, to take
78 the animal into custody and impound the same at a pound or
2
7 9 enclosure meeting the requirements of section -29-243.zi9 3.1-
80 796.42 of the Code of Virginia. A record shall be made of the
81 time and place of taking such animal into custody.
82 (b) If, by a license tag or any other means, the owner
83 of an animal impounded under this article can be identified, the
84 superintendent of the bureau of animal control shall, within
85 forty-eight (48) hours of such impoundment, notify the owner by
86 telephone or mail of the impoundment of the animal.
87 (c) Owners having animals impounded under this section
88 shall be charged a fee of ten dollars ($10.00), plus one dollar
89 ($1.00) for the second day or part thereof that the animal is
90 impounded and six dollars ($6.00) for each additional day or part
91 thereof that the animal is impounded. The payment of such fees
92 shall not relieve the owner from prosecution for violation of
93 section 5-11.
94 (d) If an animal impounded under this article is not
95 claimed by its owner within five (5) days, it shall be disposed
96 of in accord with the provisions of section 29-213719 3.1-796.42
97 of the Code of Virginia. In the event a resident of the city
98 proposes to adopt such animal pursuant to such section, he shall
99 pay a fee of ten dollars ($10.00) to cover the cost of transfer,
100 seizure and care of the animal.
101
102 Section 5-46. Required.
103 It shall be unlawful for any person to own a dog B-ix
104 f6t four (4) months old or older in this city, unless such dog is
105 licensed under the provisions of this article.
106
107 Section 5-49. When tax due and payable.
108 The license tax on dogs shall be due and payable as
109 follows:
110 (1) On or before January first and not
ill later than January thirty-first of
112 each year, the owner of any dog six
113 f6t four (4) old or older shall pay
114 such tax.
3
115 (2) If a dog shall become six-J,6i four
116 (4) months of age or come into the
117 possession of any person from
118 January first through October
119 thirty-first of any year, the
1 20 license tax f o r the current
1 21 calendar year shall be paid
122 forthwith by the owner.
123 (3) If a dog shall become six-1,61 four
124 (4) months of age or come into the
125 possession of any person from
1 26 November first through December
1 27 thirty-first of any year, the
1 28 license tax for the succeeding
129 calendar year shall be paid
1 3 0 forthwith by the owiler, and such
131 license shall protect such dog from
132 the date of purchase.
133 (4) Any person transporting a dog into
i34 t h e c i t y f rom s o m e o t h e r
135 jurisdiction shall comply with this
136 section within thirty (30) days
137 from the day he or she brings such
138 dog into the city, if such dog is
139 to be kept in the city more than
140 thirty (30) days.
141
142 Section 5-68. Impoundment - Generally.
143 It shall be the duty of any animal control officer of
144 the bureau of animal control who finds any dog or cat running at
145 large in violation of section 5-67 to take the dog or cat into
146 custody and impound the same at a pound or enclosure meeting the
147 requirements of section -29-2i.374.9 3.1-796.42 of the Code of
148 Virginia. A record shall be made of the time and place of taking
149 such animal into custody.
150
4
151 Section 5-71. Same - Disposition of unredeemed animal.
152 If a dog or cat impounded under this article is not
153 claimed by its owner within five (5) days, it shall be disposed
154 of in accord with the provisions of section 29-213719 3.1-796.96
155 of the Code of Virginia. In the event a resident of the city
156 proposes to adopt such dog or cat, pursuant to such section, he
157 shall pay a fee not to exceed fifty dollars ($50.00) to be
158 determined administratively by the city manager to cover the cost
159 of transfer, seizure and veterinary care for the dog or cat. The
160 person desiring to adopt the dog or cat shall sign an adoption
161 contract agreeing to abide by the rules and regulations of the
162 bureau of animal control and shall have the dog or cat spayed or
163 neutered within a time period administratively set by the bureau
164 of animal control which time period shall not be less than thirty
165 (30) days. Upon producing proof that the dog or cat has been
166 spayed or neutered, the person may be entitled to a refund of all
167 or part of the above-mentioned fee, the amount of said refund, if
168 any, to be determined by the city manager or his duly authorized
169 agent. Failure to have the dog or cat spayed or neutered in
.L70 accord with this section shall constitute a Class 4 misdemeanor.
171 Such person shall, in the case of a dog, obtain a proper license
172 for such a dog, pursuant to article III of this chapter, within
173 ten (10) days of such transfer.
174
175 Section 5-87. Vaccination or inoculation of dogs and cats.
176 (a) It shall be unlaweul for any person to own, keep,
177 hold or harbor any dog or cat over the age of six-1,61 four (4)
178 months within the city, unless such dog or cat shall have been
179 vaccinated with a rabies vaccine, approved by the department of
180 public health. If, however, the requirement of vaccination or
181 inoculation threatens the physical well-being of such dog or cat,
182 the owner of such dog or cat shall have a certificate signed by a
183 licensed veterinarian certifying the same and the owner shall
184 keep such dog or cat in quarantine until the same is inoculated
185 or vaccinated.
5
186 (b) Any person transporting a dog or cat into the city
187 from some other jurisdiction shall comply with this section
188 within thirty (30) days from the day he brings such dog or cat
189 into the city, if such dog or cat is to be kept in the city more
190 than thirty (30) days.
191 (c) The vaccination or inoculation required by this
192 section shall be administered by or under the supervision of a
193 licensed veterinarian. When so administered, the veterinarian
194 shall issue to the owner of the dog or cat a tag and a
195 certificate of rabies inoculation or vaccination, properly
196 executed and signed by the veterinarian, certifying that the dog
197 or cat in question has been inoculated or vaccinated in
198 accordance with the provisions of this section. Such tag shall
199 be firmly attached to the dog's or cat's coilar and shall be worn
200 at all times when the dog or cat is not on the property of the
201 owner or custodian of the dog or cat or in the immediate control
202 of some responsible person.
203
204 Adopted by the Council of the City of Virginia Beach,
205 Virginia, on the I day of May 1989.
206
207 WEB/epm
208 03/13/89
209 03/16/89
210 04/05/89
211 CA-03217
212 \ordin\proposed\05-003etc.pro
6
1 AN ORDINANCE TO AMEND THE CODE 0
2 VIRGINIA BEACH BY ADDING A SECTION NUMBERED
3 8-10, PERTAINING TO BUILDINGS AND STRUCTURES
4 WHICH ARE UNFIT FOR OCCUPANCY
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That the Code of the City of Virginia Beach be, and hereby
8 is, amended by the addition of a new section in chapter 8 of the
9 Code, which shall be numbered section 8-10 and shall read as
10 follows:
11 Section 8-10. Unsafe, etc., structures.
12 (a) This section is adopted pursuant to the powers vested
13 in the City of Virginia Beach by Section 2.02 of the Charter of
14 the City of Virginia Beach and by Section 15.1-839 of the Code of
15 Virginia, as amended.
16 (b) Upon determination by the code administrator that any
17 building or structure, or portion thereof, is unsafe, unsanitary
18 or not provided with adequate exit facilities, or constitutes a
19 fire hazard or a hazard to health or safety by reason of
20 inadequate maintenance, dilapidation or abandonment, whether or
21, not construction of such building or structure has been
22 completed, such building or structure shall be declared unfit for
23 occupancy.
24 (c)(') Notice that a building or structure has been
25 declared unfit for occupancy shall be by registered or certified
26 mail or by personal delivery to the owner and to the occupant of
27 the building or structure; provided, however, that if the owner
28 or his agent, despite the exercise of due diligence, cannot be
29 found, such notice shall be sufficient as against the owner if
30 given by certified or registered mail to the last-known address
31 of the owner and posted in a conspicuous place upon the building
32 or structure.
33 (2) Such notice shall state with reasonable particularity
34 the defects or other conditions of the building or structure
35 which render it unfit for occupancy, and s all specify he period
36 of time within which repairs or corrections shall be made or the
37 building or structure, or a portion or portions thereof,
38 demolished and removed. Such period of time shall not be less
39 than is reasonably required by the exercise of due diligence for
40 the required repairs or corrections to be made, or for the
41 building or structure, or portion or portions thereof, to be
42 demolished and removed.
43 (d) In the event the building or structure or any portion
44 thereof is, in the judgment of the code administrator, in actual
45 and immediate danger of collapse, or when any portion of a
46 building or structure has already collapsed, or when any other
47 condition constitutes an immediate and serious threat to life or
48 safety, the code administrator may order that such building or
49 structure, or portion thereof, be vacated. Such order shall be
50 stated in the notice provided for in subsection (c) hereof. In
51 addition thereto, there shall be posted in at least one
52 conspicuous place upon the premises a placard stating "THIS
53 STRUCTURE IS UNSAFE OR UNFIT FOR OCCUPANCY AND ITS USE OR
54 OCCUPANCY IS PROHIBITED". Upon the posting of such placard, it
55 shall be a violation of this section for any person to enter upon
56 or in such building or structure except with the written
57 authorization of the code administrator for purposes of making
58 required repairs, demolition, or inspection.
59 (e)(1) In the event the owner of a building or structure
60 who has been served with the notice provided for in subsection
b' (c) hereof shall fail to comply with the terms of such notice
62 within the time specified therein, the code administrator shall
63 be authorized to close or secure the building or structure
64 through available means, or to order the building or structure,
65 or portion thereof, to be demolished and the debris removed, at
66 the cost of the owner. No building or structure, or portion
67 thereof, shall be demolished by order of the code administrator
68 unless such building or structure, or portion thereof, is unsafe
69 or structurally unsound.
2
70 (2) Except in cases in which the condition of a building or
71 structure presents an imminent danger to health or safety, no
72 building or structure, or any portion thereof, shall be
73 demolished upon order of the code administrator unless notice of
74 such order is given to the owner, no less than five days prior to
75 the date of demolition, in the manner provided for in subsection
76 (c) hereof. In the event the owner or his address is unknown,
77 notice of the order shall be by publication in a newspaper of
78 general circulation in the city once per week for two consecutive
79 weeks and, in addition thereto, shall be mailed to all holders of
80 current mortgages or deeds of trust upon the property as shown by
81 the records of the Clerk of the Circuit Court. The cost of such
82 publication and mailing shall be charged to the owner.
83 (f) Any person aggrieved by any determination of the
84 code administrator shall have the right to appeal such
85 determination to the Board of Building Code Appeals, Building
86 Maintenance Division, by filing with the code administrator a
87 written notice of appeal specifying the determination appealed
88 from within twenty (20) days of the receipt of such
89 determination. The filing of an appeal shall stay all actions in
90 furtherance of the determination until the appeal has been
91 decided.
92 (g) Any person who shall fail to comply with a notice
93 provided for in subsection (c) hereof, or who shall continue to
94 occupy, or permit the occupancy of, a building or structure
95 ordered to be vacated by the code administrator shall be guilty
96 of a misdemeanor punishable by a fine of not less than ten nor
97 more than one thousand dollars, and each day that a violation
98 continues shall constitute a separate offense. Any violation of
99 the provisions of this section may also be enjoined by the
100 circuit court at the suit of the code administrator.
101 (h) All costs chargeable to the owner of property subject
102 to the provisions of this section shall be recoverable by action
103 at law or, at the option of the city, may be collected as real
3
104 estate taxes are collected in accordance with Article II of
105 Chapter 35 of the City Code.
106 (i) For purposes of this section, the term "code
107 administrator" shall mean the housing code administrator or the
108 building code administrator and their respective assistants and
109 deputies.
110 Adopted by the City Council of the City of Virginia
111 Beach, Virginia, on the 1 day of May 1989.
112 WMM/dhh/epm
113 01/26/89
114 03/13/89
115 03/20/89
116 04/19/89
117 04/21/89
118 CA-88-2585
119 \ordin\proposed\08-010.pro
4
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 10-1 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO POLLING PLACES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 10-1 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
1 Section 10-1. Establishment of election districts and voting
2 places.
3
4 There are hereby established in the City of Virginia
5 Beach the following election districts and their respective
6 voting places, as set forth below:
7
8
9 ELECTION DISTRICT VOTING PLACES
10
11
12
13 Alanton Alanton Elementary School
14 Aragona Adult Learning Center
15 Arrowhead Arrowhead Elementary School
16 Bayside Bayside Elementary School
17 Bellamy Indian Lakes Elementary School
18 Blackwater Blackwater Fire Station
19 Bonney Center for Effective Learning
20 Brandon Brandon Junior High School
21 Cape Henry Research and Enlightenment
22 Building
23 Capps Shop Mosquito Control Building
24 Chesapeake Beach Chesapeake Beach Fire Station
25 College Park College Park Elementary School
26 Courthouse Courthouse Fire Station
27 Creeds Creeds Fire Station
28 Davis Corner Bettie F. Williams Elementary
29 School
30 Fairfield Fairfield Elementary School
31 Great Neck John B. Dey Elementary School
32 Green Run Green Run Elementary School
33 Holland Holland Elementary School
34 Homestead Providence Presbyterian Church
35 Kempsville Point of View Elementary School
36 Kings Grant Kings Grant Elementary School
37 Kingston Kingston Elementary School
38 Lake Christopher New-eovemant-Presbyterian-ehurch
39 Centerville Elementary School
40 Lake Smith Shelton Park School
41 Larkspur St. Andrews United Methodist
42 Church
43 Linkhorn The Evangelical Lutheran Church
44 of the Good Shepherd
45 Little Neck St. Aidan's Episcopal Church
46 London Bridge London Bridge Baptist Church
47 Lynnhaven Lynnhaven Colony United Church of
48 Christ
49 Magic Hollow Roma Lodge No. 254
50 Malibu Malibu Elementary School
'I Mt. Trashmore Windsor Woods Elementary School
52 Oceana Scott Memorial United Methodist
53 Church
54 Ocean Park Bayside Christian Church
55 Old Donation Old Donation Center for Gifted
56 Pembroke Pembroke Meadows Elementary
57 School
58 Plaza Lynnhaven Elementary School
59 Providence Kempsville Recreation Center
60 Red Wing Fire Training Center
61 Salem Word of Life Christian Center
62 Seatack Seatack Elementary School
63 Shannon Kempsville Elementary School
64 Sigma Sandbridge Fire Station
65 Stratford Chase Providence Elementary School
66 Thalia Thalia Elementary School
2
67 Thoroughgood Independence Junior High School
68 Timberlake White Oaks Elementary School
69 Trantwood Virginia Beach Christian Church
70 Virginia Beach - A Galilee Episcopal Church
71 Virginia Beach - B Virginia Beach Junior High School
72 Virginia Beach - C Cooke Elementary School
73 Windsor Oaks Windsor Oaks Elementary School
74 Witchduck Bayside Presbyterian Church
75 Wolfsnare Eastern Shore Chapel
76 Woodstock Woodstock Elementary School
77 Central Absentee Voter
78 Election District Agriculture/Voter Registrar
79 Building
80
81 Pursuant to the Voting Rights Act, this ordinance
82 shall not be effective until approved by the United States
83 Department of Justice.
84
85 Adopted by the Council of the City of Virginia Beach,
86 Virginia, on the 1st day of May 1989.
87
88 JDB/epm
89 03/30/89
90 CA-03250
91 \ordin\proposed\10-001.pro
3
APPROVED AS TO CONTENTS
- q@@
DEPARTMENT
APPROVED AS TO LEGAD
ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-2 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO CURFEW FOR MINORS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 23-2 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follo,,:
10
11
12 Section 23-2. Curfew for minors.
13
14 (a) It shall be unlawful for any minor under the age
15 of eighteen (18) to be present on any street, road, alley,
16 avenue, park or other public place in the city, or in any vehicle
17 operating or parked thereon, between the hours of 12:01 a.m. and
18 5:00 a.m., unless accompanied by the parent, guardian or other
19 adult person having the care, custody r control of such minor,
20 or unless such minor is on an emergency errand or is engaged in a
21 lawful employment or going directly to the place of such
22 employment or returning directly to his place of residence from
23 the place of such employment, or unles, such minor has written
24 Permission by the parent, guardian or other adult person having
25 the care, custody or control of such minor to attend a specified
26 engagement or performance which begins prior to midnight and ends
27 either after midnight or so close to midnight that it is
28 impracticable for such minor tc) reach his residence prior to
29 12:01 a.m., by traveling in a prudent manner, and such minor is
30 present at such engagement or performance or is proceeding
31 directly to his place of residence upon conclusion thereof.
32 (b) It shall be unlawful for any parent, guardian or
33 other adult person having the care, custody or control of any
34 minor under the age of eighteen (18) to permit, allow or
35 encourage such minor to be present on any street, road, alley,
36 avenue, park or other public place in the city, or in any vehicle
37 operating or parked thereon, between the hours of 12:01 a.m. and
38 5:00 a.m. in violation of provisions of subsection (a) of this
39 section.
40 (c) Whenever any police or other officer charged with
41 the duty of enforcing the laws of the state or ordinances of the
42 city shall discover or has his attention called to the fact that
43 any minor under eighteen (18) years of age is present on any
44 street, road, alley, avenue, park or other public place in the
45 city, or in any vehicle operating or parked thereon, between the
46 hours of 12:01 a.m. and 5:00 a.in., such officer shall make an
47 immediate investigation for the purpose of ascertaining whether
48 or not the presence of such minor is in violation of the
49 provisions of this section. If such investigation reveals that
50 the presence of such minor is in violation of the provisions of
51 this section, the officer may charge the minor with a violation
52 of this section and release the minor on a summons, or the
53 officer may cause the minor to be taken to his home or place of
54 residence, and released to his parent, guardian or other adult
55 person having the care, custody or control oE such minor. IE the
56 officer deems that it will be for the best interest of the minor,
57 the minor may be taken to a non-secure state certified crisis
58 center or juvenile shelter, or the minor may be taken to the
59 intake division of the juvenile and domestic relations district
60 court of the city and thereafter be released or detained as
61 provided in article 4, chapter 11, title 16.1 (SS16.1-246 et seq.)
62 of the Code of Virginia. In those cases where a summons is not
63 issued, the officer may proceed as provided in article 5, chapter
64 11, title 16.1 (SS16.1-259 et seq.) of the Code of Virginia.
65 (d) Any person violating any provision of this section
66 shall be guilty of a class 4 misdemeanor.
67
68 Adopted by the Council of the City of Virginia Beach,
69 Virginia, on the First day of May 1989.
70
71 WEB/epm
72 04/06/89
73 CA-03257
74 \ordin\proposed\23-002.pro
75
2
ORDINANCE TO AMEND AND REORDAIN
2 SECTION 33-7 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO SIDEWALK
5 PHOTOGRAPHERS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 33-7 the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 33-7. Sidewalk photographers.
14
15 (a) Unless authorized by the city by franchise,
16 permit, license or otherwise, i-it shall be unlawful for any
17 person, on any street or sidewalk in the city, to take any
18 picture, photograph or snapshot, by any process whatsoever, of
19 any person and offer to furnish to such person, or to any person
20 selected by him, a copy of the picture, photograph or snapshot so
21 taken, for a consideration in any form. The passing out of
22 written, printed, typewritten or mimeographed matter, or the
23 giving of information orally, concerning the means by which a
24 copy of the picture, photograph or snapshot taken may be
25 obtained, shall constitute an offer to furnish a copy of the
26 picture, photograph or snapshot taken for a consideration.
27 (b) The provision of this section shall not be deemed
@8 to prohibit the taking of a picture solely for the purpose of
reproducing it in a book, newspaper, magazine or periodical.
30
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the day of May 1989.
33
34 RMB/epm
35 01/12/89
36 01/30/89
37 CA-03125
38 \ordin\proposed\33-007.pro
39
40
41
- 20 -
Item V-H.2
CONSENT AGENDA ITEM # 31153
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance awarding Ocean Rentals, Ltd., a franchise
to conduct beach equipment rental operations at
Sandbridge Public Beach and to collect fees for
parking and provision of lifeguard and other
specified services.
Voting: 10-0
Council Meribers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, iiarold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoi@is, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
Ma 1 1989
ArrKUVtL],Ap IV i
-QNitl'41@
sir-NATURE
DEPARTMENT
APPROVED AS TO LEGAL
ANCE GRANTING A FRANCHISE TO OCEAN RENTALS LTD.
RM OF FOUR (4) YEARS COMMENCING MAY 1, 1989 AND
TERMI?4ATI?iG- APRIL 30, 1993, TO CONDUCT BEACH EQUIPMENT
4TITYATTO@TAL OPERATIONS, WHERE AUTHORIZED, ALONG A PORTION OF
5 THE PUBLIC BEACH ADJACENT TO THE ATLANTIC OCEAN, KNOWN
6 AS SANDBRIDGE PUBLIC BEACH, AND TO COLLECT FEES FOR
7 PARKING, IN CONSIDERATION FOR THE PROVISION OF
8 LIFEGUARD AND OTHER SERVICES AND FOR SUCH OTHER
9 CONSIDERATION TO WHICH THE CITY AND THE GRANTEE HAVE
10 AGREED, CONDITIONED ON COMPLIANCE BY THE GRANTEE WITH
11 ALL OF THE TERMS AND CONDITIONS OF THE FRANCHISE
12 AGREEMENT
13
14
15 WHEREAS, the City of Virginia Bea-ch issued a Request for
16 Proposal, RFP No. 0338 on February ?1, 1989, for a franchise to
17 conduct beach equipment rental operations along the Sandbridge
18 Public Beach Area and to collect parking fees in consideration
19 for the provision of lifeguard and other services and for such
20 other consideration to which the City and the Grantee may agree;
21 and
22 WHEREAS, the committee designated to review proposals
23 entered into negotiations with the principals of Ocean Rentals,
24 Ltd., reached an agreement on the consideration to be paid to
25 Ocean Rentals, Ltd., and recommends grant of the franchise to
26 Ocean Rentals, Ltd.; and
27 WHEREAS, based on those negotiations, and on the committee's
28 recommendation, it is in the best interest of the City to grant
29 the franchise to Ocean Rentals, Ltd.
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33 That a franchise is hereby granted to Ocean Rentals Ltd. for
34 a term of four (4) years commencing May 1, 1989 and terminating
35 April 30, 1993, to conduct beach equipment rental operations,
36 where authorized, along a portion of the public beach adjacent to
37 the Atlantic Ocean, known as Sandbridge Public Beach, and to
38 collect fees for parking, in consideration for the provision of
39 lifeguard and other services and for such other consideration to
40 which the City and the Grantee have agreed, conditioned on
41 compliance by the Grantee with all of the terms and conditions of
42 the franchise agreement.
43 Adopted bv the Council,Qf the City of Virginia Beach,
44 Virginia, on this _ day of May 1989.
45 RMB/dga-beacheq.ord-4/25/89
FORM NO. P.S- 18
INTER-OFFICE CORRESPONVENCE
April 14, 1989
To: RFP Item #0338 Lifeguard Services/Sandbridge
Re: Negotiated changes to Ocean Rentals' Proposal
The City of Virginia Beach and Ocean Rentals have agreed upon the
following negotiated changes regarding ocean Rentals' proposal
dated March 24, 1989:
If the City changes its present parking fee structure,
Ocean Rentals' contract price shall be modified in
accordance with the appropriate scenario presented
below:
SC nario On-.
If prior to May 27, 1989 the fee structure changes
from two dollars on weekdays;three dollars on
weekends to three dollars on weekdays;four dollars
on weekends, Ocean Rentals' contract price shall
be changed as follows:
Year 1: $12,000
Year 2: $12,600
Year 3: $13,230
Year 4: $13,892
If the fee structure changes after May 27, 1989,
but prior to the end of the first year, the first
year contract price shall be decreased by the
amount arrived at by using the following formula:
(number of days left in the season) X $49.00.
Contract price for years 2, 3, and 4 shall be
$12,600, $13,230, and $13,892 respectfully.
If the fee structure changes after the first year
of the contract, ocean Rentals' contract price
will be adjusted according to the same premise
that the above pricing reflects, but will be based
on the appropriate contract year. For example,
price structure changes April 15, 1990, contract
pricing for years 2, 3, and 4 would be $12,850,
$13,493, and $14,168 respectfully. Please see
Exhibit A, herein incorporated, for details on the
calculations for the above example-
Scenario Two:
Prior to the start of the term of the contract the
fee structure changes from two dollars on
weekdays;three dollars on weekends to three
dollars on weekdays;five dollars on weekends,
Ocean Rentals' contract price shall be changed as
follows:
Year 1: $11,000
Year 2: $11,550
Year 3: $12,128
Year 4: $12,734
If the fee structure changes after May 27, 1989,
but prior to the end of the first year, the first
year contract price shall be decreased by the
amount arrived at by using the following formula:
(number of days left in the season) X $59.00.
Contract price for years 2, 3, and 4 shall be
$11,550, $12,128, and $12,734 respectfully.
If the fee structure changes after the first year
of the contract, ocean Rentals$ contract price
will be adjusted according to the same premise
that the above pricing reflects, but will be based
on the appropriate contract year. For example,
price structure changes April 15, 1990, contract
pricing for years 2, 3, and 4 would be $11 850,
$12,443 and $13,065 respectfully. Please see
Exhibit B, herein incorporated, for details on the
calculations for the above example.
The City of Virginia and Ocean Rentals agree to the above change&:
Ocean Rentals Ltd. City of Virginia Beach.
By: By:
Title: LAO Title:
Date: Date:
EXHIBIT A
YEAR 2:
Original Proposal Price - Year 2: $17,850
Less $5,000 (fee structure deduct): (5,000)
Contract Price - Year 2: $12,850
YEAR 3:
Year 2 Contract Price: $12,850
Inflation Factor of 5%: 643
Contract Price - Year 3: $13,493
YEAR 4:
Year 3 Contract Price: $13,493
Inflation Factor of 5%: 675
Contract Price - Year 4: $14,168
EXHIBIT B
YEAR 2: $17,850
original Proposal Price - Year 2:
Less $6,000 (fee structure deduct): 000
Contract Price - Year 2: $11,850
YEAR 3: $11,850
Year 2 Contract Price:
Inflation Factor of 5%: 593
Contract Price - Year 3: $12,443
YEAR 4: $12,443
Year 3 Contract Price:
Inflation Factor of 5%: - 622
Contract Price Year 4: $13,065
- 21 -
Item V-H.3
CONSENT AGENDA ITEM # 31154
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Balko, City Counci I
APPROVED:
COST PARTICIPATION AGREEMENTS
LASKIN SQUARE $ 4,095.00 Water (CIP 5-306)
8,100.00 Sewer (CIP 6-316)
ECONOLODGE $ 2,902.00 Sewer (CIP 6-316)
(Shore Drive and
Seashell Road)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McC]anan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Council Members Absent:
John L. Perry
0
u I AN ORDINANCE TO AUTHORIZE AND DIRECT
0 iz
THE CITY MANAGER TO EXECUTE COST
PARTICIPATION AGREEMENTS
0
C-t
WHEREAS, S & S Enterprises is desirous of developing
ted in the Lynnhaven Borough in accordance with the
terms and conditions of the city ordinances, and
WHEREAS, the city desires to enter into cost
participation agreements requesting the developer to engage in
construction greater in scope than is necessary for the project
in order to provide water and sewer services to customers outside
the project limits, and
WHEREAS, the city's share of costs is estimated at
$4,095 for water improvements, and $8,100 for sewer improvements
with such costs to be charged to project #5-306 Water Request and
Agreement Projects and #6-316 Various Sewer Projects,
respectively, and
WHEREAS, such construction at this time will provide
for future needs and prevent the city from having to incur
additional operating and maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
and directed to execute cost participation agreements with S & S
Enterprises for construction of water and sewer facilities. Said
proposed agreements are hereby attached and approved.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 1st day of May , 1989.
.A
y
TrHE
AR'
JAI
SANITARY SEWER
BY AGREEMENT
SITF
MAIN EXTE SION
OAKS OR
OAKS LA
5 GAASHIRE OR
Park
LASKIN SQUARE
EN BOROUGH
WATER & S@ COST PARTICIP.ATION
NE BOROUGI SCALE 111 = 16oo, j6-103
3/9/89 MHR:ps
y
LASKIN SQUARE
WATER AND SEWER COST PARTICIPATION AGREEMENT
COST BENEFIT ANALYSIS
Water
Cost per agreement 4.@-5.00
Assumptions
The City would have needed to relocate the fire hydrant f@:- the
location as installed by the developer to the most useable Iz-ation
at the intersectio@.
Extend e" D.I. water main - 150' @ $20/L.F. $
Install 6" gate alve @ $357/EA --57.00
Relocate Fire Hydrant Assemblv @ $eoo/EA @--o.00
Replace Entrance @ $500 @-DO.00
Replace Pavemei-@t - 50 SY @ $13/SY -@@-0.00
Total $ 5.----@7.00
Sewer
Co5t per agreement s e.--,O.oo
Alternative #1 - Relay gravity sanitary sewer main at na,@imu@ JL-pth
and minimum slope.
RemovF- 8" PVC 185' @$5.C)O/L.F. $ zz-5.00
Install 10" PVC 267' @$36.00/L.F. IO.-----2.0(D
Install 4' Dia. ManholL- 7.7' @$20o.OO/V.F. 1.@-40.00
Install Manhole Frame
& Covei- $215.00,,'E.A zl5.00
Install Stone Aggregate 2B7' @$5.00,/L.F. 1.-35.00
Reolace Pavement 2B7' @$lk).OO/L.F. R@=_,o.oo
Total S 17.--17.00
AltE?rnative #2 - New p,imping station i-equired to se?rve a7ea .,=-=-t of
site.
Using thE? assumptions of B% time value of money and 5% inflat Dn @n
the co5t of operatinq and maintaining a pumpinq staticn a-7 the
pumping station would not be built fcr 5 years: the cost of op-=--ating
tnL- station -For 30 years from today is: $150,522.1a
NL-t Savinas to Citv: Water $5,3()7.00 - $4,C)95.00
Net Savirgs to Citv: SLL.er-
Minimum $ 17,317.00 - $e,10().OO = s 9,@l.00
Maximum $150.522.19 - $0,100.0,) = $@42,"=-'-.ie
Total savinqs to City:
Minimum $ 9,217.00 + $ 62.@)O = s 9,2-=.oo
Maximum $14P.422.18 + s 62.00 = $142.L@--.IB
M94:mc
3/10/89
J 6-103
CITY OF %@IRGINIA BEACH
DEPARTMENT OF PUBL'IC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made ttiis a4,@lda./ of i989, bv and
between :5!g
hereinaftL-r eferred to as "Ovner'4, and the CITY OF VIR.GTililA BEACH,
VIRGINIA, hei-einafter referred tc as the "City.
WHEREAS, Owne, is se@zed in fee s@mple of
d
WHEREAS. Owner is desirous of imqroving the Project in accordanC2 with
tt-e ter.,ns and c:orditions of the Citv ordinances and aglees to conform to
said ordinances; and
WHEREAS, in order for Owner to Qro,,ide water se,,ice to thi@ P!-o!ect,
i, is necessarv for Owner tc constrict certain wate, facilities; a,@d
WHEREAS, the City has reque@-ted that @uch @onstruction be Qreate, in
scope than @s necessary to provide service to this Project; and
WHEREAS. slch constrlictioii is of alue to the C@tv @n pro,idinq sel-,ic:e
to customers other thari these it@in the Rroject limits:
NOW, THEREFORE, in consideration o" the mutual orimises and benefits
accruing hereto, the oarties agree that;
1. Owner shdll construct a ater s/stem (hereiiafter tf!e
ac,zording tc,, Dlar.5 and soecificalions aoqro@ed by the DeD-3,-tment of F-ioiic-
L'tilities. a --opy of I,.ich is .)n file with trie Decartmen-..
2. The @--ity sha". make cash o@%/ment to Owner in t@e amourt 04
@ou, ThOL@sand Ninet,-Fi%ye Doilars
dnd No Cents after s,cces='--! completin,, o@ the
Svstem and a@-ceptance therec)@ tte City in accorda-ce with t@e arprc:,,e,-
a,is.
i
3. The City shall have the riaht at any time to makL-, coniiec:t. 3i
per,nit the con,iection of any other ater facilitv tc the Syste5n. An,,, @uch
c,,@i@ection ma,/ be at an@, ooint, and thL- Citv shall have the rignt at ar)@,
t@m.e to use thL System to slrve ne,sons ithin and ithout the Project
imi ts.
4 'Jpon suc::essful co,.npletion of t@e System and accLpta,--ce tt)(@! eof b/
thp City, OwnLr hereby agrees that the System. including but not limited to
water copnections, water mains, val,,es, fitti,@,gs ana --ill other fac@lities,
shall be deemed dedicated to the City of Virginia Beach as of ttil date of
the Citv's written acceptance thereof.
5. Owner shall indemoify and hold the City harmless from anv and all
iiability of hatL-vL-r nature arislng c)ut of t@ie design, BC)Qro,al,
construction, and/or installation of the sv5tem. in -he e@ent anv ciaifft i--
mdde against the C@@v, eithl-r ;,ideoendent'@v o,- iointlv ith Ow,ier. lessee.
or @urchaser an account hereof. the Owner at its sole c:Dst stiall defend the
Cit@, against 5uch claim.
6. This AgreL-ment shall inurl- to thL benefit of and be binding
the parties hereto and their respective heirs. succe5sors. and assiqns.
7. Unor, execution of this Aqreemetit, it shall be recarded by the Citv
in the Clerk's Office of the Circuit Court of the Citv of @)ircliria Beact,.
',)i,qinia. at Owner @ e.Dense.
2
!N WITNESS WHEREOF, the part;es hereto @ave executed and sealed
this Pg,eement as L)f the cay and ea, fir-t -above ritte@-.
CITY O@- VIRGINIA BEA.CH. VIRGINIA
(Ci ty Mana(je,
DATE
ATTEST:
-(SEAL)
@ity Clerk
[,ATE
ATTEST:
L)
APPRII]VED AS T
CONTE
'6e6artm@,tiof P@bUc Utilities
APPROVED AS TO ;7 ORM:
Ci@y AttaFney's Off@ce
CEPTIFTED "q- 'D AVAILABILITY OF FUr4DS:
e rtment of 13rce
STATE CF Ll-;Il&
CITY OF )46-, IV/@
11 Notary Publiz in and for the F-it,
and State aforesaid, do hereb@ certify that Tf4@,mk(
respecti@el,, of
and
j- 1-@,zlotz i's e& hose ia.es are signed t c) the -,,riti@ia abo,e,
bearing date of .2 - -2'T- have ackno.leciged the same befo,L (nL- i, m@
Citv a,id Sate afa-esaid.
Gi@en unde, mv hand this --ay Of
Mv Com,,n,s5ion Expi:-es
Nota,,@ Pjbli.,-
STAT-@ OF VIRGINIA
C17Y OF VIRGINIA BEACH, to-.it:
The foregoing instri-;ment was acknowledcied before me b.
Aubrey V. Watt7@, :T-. c3nd Ruth Hadaes Sm@tt,, tve Citv Ilanage, and @@t@ C:Ier@,
respectiveiv, of the Cit/ of '/i-gilia SLach. ttis d d@ of
1989.
No@ar,,
Mv Cor)missicn Exo'res:
4
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this 1 2 th day of December 1988, by and
between .1; & S Fntprpri.,;P.,; hereinafter
referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA,
hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of 1919 Laskin Rd. - Site A
Deed Book 2768 P 180 ; and
WHEREAS, Owner is desirous of improving the Project in accordance
with the terms and conditions of the City ordinances and agrees to conform
to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this Project,
it is necessary for Owner to construct certain sewer facilities; and
WHEREAS, the City has requested that such construc.tion be greater in
scope than is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing
service to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and benefits
accruing hereto, the parties agree that;
1. Owner shall construct a sewer system (hereinafter the "System")
according to plans and specifications approved by the Department of Public
Utilities, a copy of which is on file with the Department.
2. The City shall make cash payment to Owner in the amount of s-
no/100--
F.ight Thoiisand One Hundred DollarsaAer successful completion of the
System and acceptance thereof by the City in accordance with approved plans.
I
3. The City shall have the right at any time to make, connect, or
permit the connection of any other sewer facility to the System. Any such
connection may be at any point, and the City shall have the right at-any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited
to sewer connections, sewer mains, laterals, pipes, and all other
facilities, shall be deemed dedicated to the City of Virginia Beach as of
the date of the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval,
construction and/or installation of the System. In the event any claim is
made against the City, either independently or jointly with Owner, lessee,
or purchaser on account hereof, the Owner at its sole cost shall defend @he
City against such claims.
6. This Agreement shall inure to the benefit of and be binding u.Don
the parties hereto and their respective heirs, suctessors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, at Owner's expense.
2
IN WITNESS WHEREOF# the parties hereto have executed and sealed this
agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
City Manager
DATE
ATTEST:
City Clerk (SEAL)
BY
DATE
APPRO T:
E@pt. ities
APPROVF-D AS TO FORM:
City Attorney
CERTIFIED AS TO AVAILABILITY OF FUNDS:
E--Dt. of Finance
3
STATE OF
CITY OF J,
a Notary Public in and for the City
and State aforesaid, do hereby certify that
whose names are signed to the writing abovl',
bearing date of have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this @r) day of 1988.
my Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrumlnt was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1988.
t.ry Pblic
my Commission Expires:
1/88
4
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, LMM Associates, Inc. is developing certain
property in the Lynnhaven Borough in accordance with the terms
and conditions of city ordinances, and
WHEREAS, in order for the developer to provide sewer
service to this project, it is necessary for the developer to
construct certain sewer facilities, and
WHEREAS, the city has requested that the developer
oversize the sewer system to serve the surrounding area, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$2,902 with such costs to be charged to capital project 6-316
Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with LMM Associates, Inc. for construction of certain
sewer facilities. Said proposed agreement is hereby approved and
attached.
This ordinance shall be effective from the date of its
adoption.
Adoption by the Council of the City of Virginia Beach,
Virginia on the - 1st day of May 1 1989.
ECONOLODGE
SEWER COST PARTICIPATION AGREEMENT
COST BENEFIT ANALYSIS
H 2-63
Sewer
Cost per agreement $2 I?@-.00
Alternative - Relay sewer at future date
Remove 773 L.F. B" sanitary sewe, @ $7.50/L.F. $ 5,-c-.50
Remove 2 sewer manholes @ $500.00/EA ilci--.Oo
Install 773 L.F. 101, sanitary sewer (PVC) @ $36.00/L.F. 27,e=-@.00
Install 773 L.F. soecial beddirg @ $3.00/L.F. 2.--@-.00
Install 12 V.F. of 4' diameter sewer manhole @ $200.00/V.F. 2. 4--@00
Install 2 sewer manholes frame & cover @ $215.00/EA 4--:.oo
Replace 40 L.F. pavement @ $10.00/L.F. 4@--.Oo
Total $40,1--.50
Net Savings to City = $40.174.50 - $2,902.00 = $37,272.50
MHR:mc
4/6/99
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- - - - - - - - CT-
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- - - - - - - - - - - - - - -&BEW"@
- - - - - - - - - - - - -
- - - - - - - - ECONOLODGE SITF - - - - - -
irg
n
GRAVITY SANITARY SEWER
OVERSIZED BY AGREEMENT
------------
-------------
------------
HS
ECONOLODGE -SHORE DPJVE SEA ROAD a
SEWER COST PARTICIPATION
SCALE: 1"=1600' H2-63
4/4/89 MHR:ps ;us-
:]R
CIT@ OF IIRGINIA BEACH
D@@PARTMENT OF PUBLIC UTILITIES
C,2ST PART!--IPATIO@j 4GRCEMEt,@T @SEI@ERI
THIS AG.RE--rIEN7, Made this day of -ta-r h - 1989, o@ and
betweeii IATES INC.
____ ") erel"a @t e!
ref er;,e(I to as "Owner" and the CITY VIRGINIA BEACH, VIRGI%IA.
here naf te. i-efe,-red to las the 'C i t y
W,iEREAS. C.ner zw X,,@ has 'easeho'dII te .t i,.,Lots
Lots 13, 15, 16, 17 and 19 on that certain plat e ti laled R@,i.. 0
Property Located North of Blo,k j
G, & H, Lynnhaven B amended
; a"Tach,
WHEREAS, Owner is desirous of improving the Project in accorc:ance
with the tet-ms an-- con(Jitons of the City ordinances and agrees to con@orm
tc said orcinances; ana
@J-HEREAS, in o,-der for Ow,ier to provide sewer ser,ice to th's P,,o,,ect.
it is necl-ssary for Owner to coristruct certain se.e,- facilities; and
;,,,iEREAS, tlie Citv has requested that such construct,.o,i be greate- ir,
SCOPE ttlan LS necessar@ to prcvide service to this ProjLct; ano
WHEREAS, swch construction is of value to tt)e C@ty @n provl::nq
serv@ce to custom@ers other than those within the Projec, l@mits;
i,iow, THEREFURE, in consiceration of the mutual promises and benelits
accru:,Ig hereto, the parties aaree that:
i. Owner shall construct a se-er system (hereinafte,, the "Syste@",
acccrding to plans and specificaticns approved by the Deoa,-tment of Puclic
Util@ties, a cupv of t,.icm is an file with the Depa,-tment.
2. The C@ty small make cash payment to O.mer ir) -he arount of
$2,902
t u I ni r after successfL.-I completion of tne
Systen and acceptance tnereof ty the City in accoroance .:th appro@ed pla,is.
3 . The City shall have the right at any time to make, connect, or
Permit the connection of any other sewer facility to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited
to sewer connections, sewer mains, laterals, pipes, and all other
facilities, shall be deemed dedicated to the City of Virginia Beach as of
the date of the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval,
construction and/or installation of the System. In the event any claim is
made against the City, either independentiy or jointly with Owner, lessee,
or purchaser an account hereof, the Owner at its sole cost shall defend the
City against such claims.
6. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, at Owner's expense.
2
IN WITNESS WHEREOF, the parties hereto have executed and sealed this
agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, YIRGINIA
City Manager
DATE
ATTESTs
.(SEAt-)
City Clark LMM ASSOOIATES, INC.
By
v P*eqJdent
DATE March 15,
(SEAL) By Secreta r,
Date March 15, 1989
APPROVED AS T:
@ 1-4
Dept. of OublicIU1/21lities
APPROVED AS TO FORMI
City AttOMey
CERTIFIED AS TO AVAILABILITY OF FUNDSI
Dept. of Finance
STATE OF Virginia
CITY OF Norfolk
, a A
1, a Notary PubliC in and for the CitY
I
and State aforesaid, do hereby certify th6t R,A, C- R,,@,,
and William W. Harrison, Jr, , President and Secretary, respectively, o'
LMM Associates, Inc. whose names are Signed to the writing aboye,
bearing date of have acknowledged the Same before me in MY
City and State aforesaid.
Given under my hand this day of 1989-
My Commission Expires
/Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-witi
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1989,
Notary Public
My Commission Expires;
1/89
4
- 22 -
Item V-H.4.a./b
CONSENT AGENDA ITEM # 31155
Upon motion by Vice Mayor Fen tress, second ed by Co unc i I man Ba I ko, Ci ty Co unc i I
APPROVED:
OPEN AIR CAFE FRANCHISES
Days Inn Oceanfront 3107 Atlantic Avenue
HWC Investment, Inc. 3301 Atlantic Avenue
t/a Four Sails/Ellington's
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLim, Vice Nbyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. NtC[anan, John D. Moss, Mayor Nbyera E. Oberndorf,
Nancy K. Parker and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
1 AN ORDINANCE GRANTING A FRANCHISE TO
2 OCEAN RANCH MOTEL CORPORATION TO OPERATE
3 AN OPEN AIR/BOARDWALK CAFE' SUBJECT
4 TO THE CONDITIONS CONTAINED AND/OR
5 REFERENCED HEREIN
6
7
8 WHEREAS, the City of Virginia Beach has developed a
9 Franchise Agreement to regulate the operation of open air cafe's
10 on public property along the boardwalk and on stub street parks;
11 and
12 WHEREAS, Ocean Ranch Motel Corporation (t/a Days Inn
13 Oceanfront/Happy Days Diner) submitted an application for the
14 operation of an open air/boardwalk cafe' and has paid the
15 application fee; and
16 WHEREAS, the representations made in the application comply
17 with the terms and conditions of the aforementioned Franchise
18 Agreement; and
19 WHEREAS, City Council has been advised by the office of the
20 City Manager that the proposed cafe' would have no detrimental
21 effects on the public health, safety, welfare, or interest.
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That a franchise is hereby granted to Ocean Ranch Motel
25 Corporation to operate an open air/boardwalk cafe' at 3107
26 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 1989
27 to April 30, 1990, conditioned on provision by the franchisee and
28 acceptance by the City of an approved final site plan, liability
29 insurance coverage, a security bond, the applicable franchise
30 fee, and on execution by franchisee of the aforementioned
31 Franchise Agreement.
32 Adopted by the council of the City of Virginia Beach,
3 3 Virginia, on this 1 day of May 1989.
34 RMB/dga
35 ocranch.ord
36 4/19/89
37
1 AN ORDINANCE GRANTING A FRANCHISE TO HWC
2 INVESTMENTS, INC. FOR A TERM OF THREE (3)
3 YEARS, FROM MAY 1, 1989, TO APRIL 30, 1992,
4 TO OPERATE A BOARDWALK CAFE' AT 3301
5 ATLANTIC AVENUE, CONDITIONED ON THE EXECUTION
6 OF THE FRANCHISE AGREEMENT AND ON COMPLIANCE
7 WITH THE TERMS AND CONDITIONS THEREOF
8
9
10 WHEREAS, HWC Investments, Inc. (t/a Four Sails Hotel)
11 (hereinafter referred to as "Grantee") has submitted a
12 reapplication for the operation of a boardwalk cafe' located at
13 3301 Atlantic Avenue; and
14 WHEREAS, the City has developed a Franchise Agreement for
15 the regulation of open air cafe's, which Agreement the Grantee
16 will be required to execute and to comply with as a condition of
17 the continued existence of the Franchise; and
18 WHEREAS, Grantee has successfully operated a boardwalk cafe'
19 at the location indicated herein; and
20 WHEREAS, based on the past successful operation, the Office
21 of the City Manager, Resort Programs office has recommended the
22 granting of a franchise to Grantee.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That a Franchise Agreement is hereby granted to HWC
26 Investments, Inc. (t/a Four Sails Hotel) to operate a boardwalk
27 cafe' at 3301 Atlantic Avenue, from May 1, 1989, to April 30,
28 1992, conditioned on Grantee's execution of the Franchise
29 Agreement and on its compliance with the terms and conditions
30 thereof.
31 Adopted by the Council of the City of Virginia Beach,
3 2 Virginia, on this lstday of May 1989.
33 RMB/dga
34 hwc3.ord
35 4/19/89
3 6
@IIEY
- 23 -
Item V-fl.4.c./d.
CONSENT AGENDA ITEM # 31156
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
OPEN AIR CAFE FRANCHISES
Laverne's Restaurant 701 Atlantic Avenue
t/a Chix Cafe
Seashore Management 701 Atlantic Avenue
t/a Laverne's
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, @layor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Council Lady Nancy K. Parker VERBALLY ABSTAINED on
Items H.4.(c) (Laverne's Restaurant) and @1.4.(d)
(Seashore Management) as she does business with
these applicants.
Council Members Absent:
John L. Perry
I AN ORDINANCE GRANTING A FRANCHISE TO
2 SEASHORE MANAGEMENT LTD. TO OPERATE
3 AN OPEN AIR/BOARDWALK CAFE' SUBJECT
4 TO THE CONDITIONS CONTAINED AND/OR
5 REFERENCED HEREIN
6
7
8 WHEREAS, the City of Virginia Beach has developed a
9 Franchise Agreement to regulate the operation of open air cafe's
10 on public property along the boardwalk and on stub street parks;
11 and
12 WHEREAS, Seashore Management Ltd. (t/a Lavernels/Chix Cafe)
13 submitted an application for the operation of an open
14 air/boardwalk cafe' and has paid the application fee; and
15 WHEREAS, the representations made in the application comply
16 with the terms and conditions of the aforementioned Franchise
17 Agreement; and
18 WHEREAS, City Council has been advised by the Office of the
19 City Manager that the proposed cafe' would have no detrimental
20 effects on the public health, safety, welfare, or interest.
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That a franchise is hereby granted to Seashore Management
24 Ltd. to operate an open air/boardwalk cafe' at 701 Atlantic
25 Avenue, Virginia Beach, Virginia 23451, from May 1, 1989 to April
26 30, 1990, conditioned on provision by the franchisee and
27 acceptance by the City of an approved final site plan, liability
28 insurance coverage, a security bond, the applicable franchise
29 fee, and on execution by franchisee of the aforementioned
30 Franchise Agreement.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on this 1st day OfMay 1989.
33 RMB/dga
34 seashore.ord
3 5 4/19/89
3 6
aE
@,E Y
APPP@OVE L)
KNATURE
DEPARTMENT
APPROV% AS TO L.ER@AL
INANCE GRANTING A FRANCHISE TO SEASHORE
T, LTD. FOR A TERM OF THREE (3)
FROM MAY 1, 1989, TO APRIL 30, 1992,
TO OPERATE A BOARDWALK CAFE' AT 701 ATLANTIC
5 AVENUE, CONDITIONED ON THE EXECUTION OF THE
6 FRANCHISE AGREEMENT AND ON COMPLIANCE WITH
7 THE TERMS AND CONDITIONS THEREOF
8
9
10 WHEREAS, Seashore Management, Ltd. (t/a Laverne's
11 Restaurant) (hereinafter referred to as "Grantee") has submitted
12 a reapplication for the operation of a stub street park cafe'
13 located at 701 Atlantic Avenue; and
14 WHEREAS, the City has developed a Franchise Agreement for
15 the regulation of open air cafe's, which Agreement the Grantee
16 will be required to execute and to comply with as a condition of
17 the continued existence of the Franchise; and
18 WHEREAS, Grantee has successfully operated a stub street
19 park cafe' at the location indicated herein; and
20 WHEREAS, based on the past successful operation, the office
21 of the City Manager, Resort Programs Office has recommended the
22 granting of a franchise to Grantee.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That a Franchise Agreement is hereby granted to Seashore
26 Management, Ltd. (t/a Laverne Restaurant) to operate stub street
27 park cafe' at 701 Atlantic Avenue, from May 1, 1989, to April 30,
28 1992, conditioned on Grantee's execution of the Franchise
29 Agreement and on its compliance with the terms and conditions
30 thereof.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on this 1st day of May 1989.
33
34 RMB/dga
35 seash3.ord-4/19/89-4/24/89
- 24 -
Item V-H.5
CONSENT AGENDA ITEM # 31157
Upon motion by Vice Mayor Fentress, seconded by Counci [man Balko, City Counci I
ADOPTED UPON SECOND READING:
Ordinance to APPROPRIATE $646,381 to the Police
Department for the purchase of a helicopter.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN CRD TO $646,381 TO TM PALICE
DEPARTHaU FER THE OF A HELICWM
the Police Department provides aerial patrol in the city by nieans
of two (2) helicopters which were manufactured in 1966, and
, the oontinued use of these helicopters is becoadng more costly in
maintenance and repair, and the age of the units causes ooncern for pilot safety,
and
the purchase price of a more efficient new helicopter is estimated
to be $646,381, and
WHEREAS, $153,791 is available for appropriation frcrn the U. S. Departrnent
of Justice Drug EnforcEment Agency as the city's share of proceeds frorn
oonfiscated money and property as a result of narcotics investigations, and
the remaining $492,590 required for the purchase of the helicopter
may be appropriated frcm the General Fund Balance.
NIN, , BE IT BY THE OOUNCIL OF TIIE CITY OF WW@ R@,
@INIA, that $646,381 be appropriated to the Police Department for the purchase
of a new helicopter, with $492,590 ccining fran the General Fund Balance and with
$153,791 frc)rn the increase in estimated revenues froin the Federal Govermmnt.
Adc)pted this day, the 1 day of May 1989, by the Council of
the City of Virginia Beach, Virginia.
This ordinance shall be in effect from the date of its adoption.
F@ READNU: April 24, 1989 CONTEt4TS
SBCOND RFADIM: May 1, 1989
L)EP"'.@, il"Ei if
AFPR(
- 25 -
Item V-H.6.
CONSENT AGENDA ITEM # 31158
Upon motion by Vice Meyor Fentress, seconded by Counci lman Balko, City Counci I
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $28,870 to the Department
of Mental Health/%ntal Retardation and Substance
Abuse for the Community Youth Against Drugs
Program.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Meml>ers Voting Nay:
None
Council Members Absent-
John L. Perry
AN ORDINANCE TO APPROPR= $28,870 TO THE
MT OF @ ON AND SUBSTANCE ABUSE
F'C)R @ YOUTH ACAMSR
the federal gavernment, through the Alcohol and Drug Prevention,
Early ention and Education furids, has made available furids for support of
preverrtion, early intervention and education in virgmia durim FY 89 and FY 90,
and
the state has allocated $28,870 of these funds to the V@inia
Beach of Mental Health/mental Retardation and Substance Abuse for
impi tion of a @ity based program to foster a drug-free lif-tyl-
among youth ages thirteen to seventeen, and
, the @ty based program, called @ty Youth Aga-t Drugs,
is desigried to be self-perpetuating after the grarrt peric)d ends,
NOW RE BE IT 0 BY T[iE COUNCIL OF TBE = OF @INIA BEACH,
that funds in the amount of $28,870 be appropriated by the City of
V@uua Beach to fund the @ty Youth Aga@ @ Prograin, and that
rL-venue fran the federal gav be by $28,870 for the period of the
grant.
This ordinance be effective frcm thp- date of its adcption-
Ad@ by the @il of the City of Virginia Beadi, Virginia on
the- of 1989.
First Reading aY 1, 1989
Readincj
i1/2s-o COMTENT
- 26 -
Item V-H.7.
CONSENT AGENDA ITEM # 31159
Upon motion by Vice Viayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER surplus funds of $737,942 to
Projects 1-964 Various Schools Air Conditioning -
Phase II and 1-965 Various Schools Air Conditioning
- Phase III to provide for the air conditioning of
additional schools.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara NJ. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
Ma 1, 1989
0
Lo !t
AN ORDINANCE TO TRANSFER FUNDS IN THE
AMOUNT OF $737,942 TO PROJECTS 1-964 VARIOUS
4 SCHOOLS AIR CONDITIONING-PHASE II AND 1-965 VARIOUS
SCHOOLS AIR CONDITIONING-PHASE III TO PROVIDE FOR
> FOR THE AIR CONDITIONING OF ADDITIONAL SCHOOLS
0
WHEREAS, in a previous meeting between City Council and the City of
Virginia Beach School Board an understanding was reached that all public schools
will be air conditioned and any excess funds from each of the school air con-
ditioning phases may be utilized for subsequent phases, and
WHEREAS, Phase I of the air conditioning for various schools has been
completed with a a balance of $737,942 remaining in the project account, and
WHEREAS, the School Board Administration has requested that the
remaining balance be transferred to phase II and phase III of school air con-
ditioning projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $737,942 are hereby transferred from
project 1-963 to other projects as shown below to provide for the air condition-
ing of various schools.
Transfer To
Project 1-964 Various Schools Air Conditioning-Phase II $ 265,000
Project 1-965 Various Schools Air Conditioning-Phase III 472,942
Transfer From
Project 1-963 Various Schools Air Conditioning-Phase I $ 737@942
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
First day of May 1 1989.
- 27 -
Item V-H.8.
CONSENT AGENDA ITEM # 31160
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $37,500 to the Department of
Juvenile Probation for detention and group home
placement costs.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. lienley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
May 1, 1989
AN CRD TO TRANSFER FUNDS
IN TM OF $37,500 FM
@ION AND CR" MM EXPENDITURES
the Juvenile and Dcmestic Relations Court orders the Department of
Juvenile Probation to place juveniles in detention hcrnes and grolip homes, and
, the DepEkrtuent of Juvenile Probation blidgets for the costs of the
placement of these juveniles, and
WBERFAS, the daily rates for juvenile placements are not set by the City of
Chesapeake until well into the fiscal year, and these rates @re increased by
15.6% for secure detention and 30% for less secure detention, and
, these increased oc)sts will require additional funds in the amount
of $37,500.
NCTA, BE rr BY THE COUNCM OF TEIE CITY OF viw@ R@,
@MM, that funds in the @nt of $37,500 be transferred from General @nd
Reserves to the Departmnt of Juvenile Probation for increased detention and
group hom placemnt costs.
Adopted this the Istday of May 1989, by the Council of the City
of Virginia Beach, Virginia.
This ordinance shall be in effect frorn the date of its adoption.
Appc
,LovED AS TO CONTENT
- 28 -
Item V-H.9.
CONSENT AGENDA ITEM # 31161
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $30,000 from the Erosion
Council's FY 1988-89 Operating Budget to the
Department of Convention and Tourist Development
for a publicity campaign associated with the sand
replenishment project at the resort area.
Voting: 9-1
Council illembers Voting Aye-
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold lieischober, Barbara M. Ilenley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. NicClanan*
Council Members Absent;
John L. Perry
*Verbal Nay
@ia 1 1989
AN TO $30,000 FRCK TM
EIROSICK OOUNM'S FY 1988-89 0
TO 7M OF OONVENTICH AND TCUPIST EEVEILD@
FCR A @CIW WrM TM
SAM AT THE
during the 1989 slnmner tourist season, the City of Virginia
Beach will receive 964,000 cubic yards of sand to replenish the resort area
beach, and
, the project start date is May 1, 1989 and will continue
a portion of the tour@ season, and
@, there will be disruption of the oceanfront activities, on a
block by block basis, as the dredge project moves up the beach, and
@, in order to minimize the eniences and to explain the
benefits, it is in the city's interest to pthe project and keep the public
infonngd, and
wHEREAs, the total estimated cost of this prcmatiorial ign is
$39,855 and iricludes funding for newsletters, video productions, public displays,
and advertising agency prcmc>ticm, and
WHEREAS, the two city departments irrvolved in this project, Public
Information and the Departmerrt of Corrver-rtion and Tourist Develo@t have
indicated that they can absorb $9,855 of the total cost within their existing
appropriations, and
WHEREAS, the Virginia Beach Erosion Council has sufficient funds
rexpaining to transfer $30,000 for this ign.
NOW BE IT ORDAINED BY @ COUNCIL OF TBE CIIY OF @INIA
BEACH, @INIA, that $30,000 be transferred frcm various sources within the
Erosion @ills FY 1988-89 OperatiM Budcjet to the Deparbnmt of Convention and
Tourist Devel for develcpug and nplmmtlm a p lonal ign for
the Resort Area Sand Repl Projeat.
This ordinanoe shall be effect-ive frm the date of it-s adcption.
@ day First of May -, 1989.
- 29 -
Item V-H.10.
CONSENT AGENDA IT@l # 31162
Upon riotion by Vice P@ayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
LOW BIDS:
McKENZIE CONSTRUCTION CORPORATION $597,000.00
(Fire Training Center/
Warehouse Facility Addition)
REA CONSTRUCTION $469,911.62
(Highway Safety Improvements
Oceana Boulevard Intersection Improvements)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
May 1, 1989
- 30 -
Item V-H.11.
CONSENT AGENDA ITEM # 31163
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
RAFFLE/BINGO PERMITS
ARAGONA PEMBROKE LITTLE LEAGUE Bingo/Raffle
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Nleyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
May 1, 1989
- 31 -
Item V-H.12.
CONSENT AGENDA ITF2,1 # 31164
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
CLASSIC LIMOUSINE
PACIFIC CORPORATION
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council @lembers Absent:
John L. Perry
Ma 1 1989
- 32 -
Item V-H.13.
CONSENT AGENDA ITFIL # 31165
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing tax refunds in the amount of
$3,759.44 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council i4embers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
May 1, 1989
RM NO. C.A. 7 4/24/89 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- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Life Savings Bank 89 RE(1/2) 45612-9 12/5/88 456.36
Life Savings Bank 89 RE(1/2) 46827-8 12/5/88 456.36
Michael N & Tori Matton 88 RE(2/2) 67480-3 8/17/88 60.97
Mony Financial Services 89 RE(1/2) 45542-4 12/5/88 35.01
Mony Financial Services 89 RE(1/2) 45543-3 12/5/88 35.02
John Hancock Mutual Life 89 RE(1/2) 45541-5 12/5/88 801.06
John Hancock Mutual Life 89 RE(1/2) 45540-6 12/5/88 1,058.62
Dinsmore Evans Bryant etal 89 RE(2/2) 70613-6 12/5/88 18.00
Millie Ryan 89 Dog V05487 2/1/89 5.00
Allen Young N/A Pkng 240749 3/13/89 25.00
Total 2,951.40
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$2,951.40 were approved by
the Council of the City of Virgi*ni'ag,g
Beach on the-I day of May, J@n T. A
Approved as to form:
Ruth Hodges Smith
City Clerk
j@ y
4/4/89 EMC
RM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF TtlE CITY OF VIRGINIA BEACH. VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera. Date Penalty Int. Total
NAME Year of Tax Number tion No. Paid
Harry G Hall 89 RE(1/2) 44943-2 10/4/88 132.72
Norma D Blowe 84 pp 213135-4 11/19/87 25.54
Ronald L Schwartztrauber 85 pp 142521-7 1/29/88 64.00
Sterling S & L 89 RE(1/2) 93431-8 11/30/88 202.44
Helen E Keaton 89 RE(1/2) 57935-4 12/5/88 376.19
Wayne A Phillips 88 pp 142215-5 2/1/89 7.15
Total 808.04
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
808.04 were approved by
the Council of the City of Virginia
Beach on the@s ay If - @fay, 1989
Approved as to form:
Ruth Hodges Smith
City Clerk
J. Dal ty Attorney
- 33 -
Item V-H. 14
ADD-ON ITEM # 31166
The City Manager and City Clerk will investigate the possibility of devising a
syster,q whereby the CONSENT AGENDA could be projected on a screen while same was
being discussed for the beneift of the audience and the viewing public.
Councilwoman Parker suggested same could still be read for the benefit of the
viewing itqpaired.
May 1, 1989
- 34 -
Ttem V-1.
APPOINTMENTS ITEM # 31167
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
EROSION COMMISSION
Donald F. Bennis
Thomas Fraim
Ernestine K. Middleton
Dewey Simmons, Jr.
(4-year terms from 5/1/89 - 4/30/93)
R. Dean Lee
Myles A. Pocta
Herbert B. Taylor
(2-year terms from 5/1/89 - 4/30/91)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Ilieyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
May 1, 1989
- 35 -
Item V-J. I
UNFI[NISHED BUSINESS ITEM # 31168
ADD-ON
Councilman Baurq referenced hydric soils which one state publication refers to
as "dry wetlands". A PUBLIC HEARING is SCHEDNED for Thursday, May 4, 1989,
in the Southeastern Virginia Planning District Commission.
Councilman Baum requested the City Staff prepare a list of alternatives
regarding the Chespapeake Bay Preservation Act including the option not to
participate (which the representative advised City Council was an option).
This tenative ruling by the State Health Department relative the type of septic
systems utilized on slate and soils over rock which can build up a large mound
effects primarily the rural areas. Expensive alternatives are proposed.
Councilman Baum requested the City Manager provide information relative these
alternatives.
Councilman Baum inquired relative the methodology of exercising the Freedom of
Information Act to be informed who applies to the Corps of Engineers for land
use and what is the Corps' jurisdiction. Councilman Baum referenced
correspondence of the Virginia Dale Soil Conservation District with copies to
City Council. They have not received a reply.
May 1, 1989
- 36 -
Item V-K. 1.
NEW BUSINESS ITFIII # 31169
ADD-ON
Upon motion by Councilman Balko, seconded by Vice lqayor Fentress, City Council
SCHEDULED RECONSIDERATION for the City Council Session of May 22, 1989, of an
Ordinance upon application of SUZUKI OF VIPGINIA BEACH, INC., for a Conditional
Use Permit for motor vehicle sales and services (DENIED on April 24, 1989):
ORDINANCE UPON APPLICATION OF SUZUKI OF VIRGINIA
BEACH, INC., FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLES SALES AND SERVICE
Ordinance upon application of Suzuki of Virginia
Beach, Inc. for a Conditional Use Permit for motor
vehicle sales and service on the south side of
Virginia Beach Boulevard, 120 feet east of Haycox
Road. Said parcel is located at 3513 Virginia Beach
Boulevard and contains 1.831 acres. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 7-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. i'lloss and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
John L. Perry
- 37 -
Item V-K.2.
NEW BUSINESS ITEM # 31170
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution agreeing to remove from the provisions
of Sections 23-60 and 33-18 of the City Code the
regulation of newspaper vending machines pending an
effort by City Staff and representatives of
newpaper publishers to reach a compromise on the
placement of newspaper vending machines on public
and private property in the Resort Tourist
Districts that will address the City's concerns and
will be in the best interest of the City, newspaper
publishers, citizens and tourists who visit the
Oceanfront.
A N D,
Ordinance to Amend and Reordain Section 23-60 of
the Code of the City of Virginia Beach, pertaining
to vending machines on private property.
A N D,
Ordinance to Amend and Reordain Section 33-18 of
the Code of the City of Virginia Beach, pertaining
to vending machines on public property.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
May 1, 1989
APPRO@,E@ TO
RE
DEPARTMENT
5kPPRO@ED AS TO LEGAL
LUTION AGREEING TO REMOVE FROM THE
IONS OF SECTIONS 23-60 AND 33-18 OF THE
RNEY CITY CODE THE REGULATION OF NEWSPAPER
3 VENDING MACHINES PENDING AN EFFORT BY CITY
4 STAFF AND REPRESENTATIVES OF NEWSPAPER
5 PUBLISHERS TO REACH A COMPROMISE ON THE
6 PLACEMENT OF NEWSPAPER VENDING MACHINES ON
7 PUBLIC AND PRIVATE PROPERTY IN THE RESORT
8 TOURIST DISTRICTS THAT WILL ADDRESS THE
9 CITY'S CONCERNS AND WILL BE IN THE BEST
10 INTEREST OF THE CITY, NEWSPAPER PUBLISHERS
11 AND THE CITIZENS AND TOURISTS WHO VISIT THE
12 OCEANFRONT
13 WHEREAS, on April 3, 1989, City Council amended chapter
14 23 of the City Code by adding a new section 23-60 regulating the
15 placement of vending machines on private property in the RT-1,
16 RT-2, RT-3 and RT-4 Resort Tourist Districts, and amended Chapter
17 33 of the City Code by adding a new section 33-18 prohibiting the
18 placement of vending machines on public property in the RT-1, RT-
19 2, RT-3 and RT-4 Resort Tourist Districts; and
20 WHEREAS, after adoption of the afore-mentioned
21 ordinances, representatives of Landmark Communications, Inc. met
22 with the Mayor and City Manager and offered to work with the City
23 in the development of a plan for the placement of newspaper
24 vending machines on public and private property in the Resort
25 Tourist Districts that would be less restrictive than the
26 provisions of Sections 23-60 and 33-18, but would address the
27 City's concerns regarding pedestrian and traffic safety, and
28 aesthetics at the oceanfront; and
29 WHEREAS, the representatives of Landmark
30 Communications, Inc. and City staff are confident that a feasible
31 compromise can be reached that would be in the best interest of
32 the City, newspaper publishers and the citizens and tourists who
33 visit the oceanfront.
34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
35 CITY OF VIRGINIA BEACH, VIRGINIA:
36 That the City hereby agrees to remove from the
37 provisions of SSSS 23-60 and 33-18 of the City Code the regulation
38 of newspaper vending machines pending an effort by City staff and
39 representatives of newspaper publishers to reach a compromise on
40 the placement of newspaper vending machines on public and private
41 property in the resort tourist districts that will address the
42 City's concerns and will be in the best interest of the City,
43 newspaper publishers and the citizens and tourists who visit the
44 oceanfront.
45 Adopted by the council of the City of Virginia Beach,
46 Virginia, on the day of May 1989.
47 RMB/dga
48 4/27/89
49 vend.res
2
APrll--VEC C@Nl'EiqTS
AP,-RU'v AS TO LEGAL
11 CY A D 117,',' @A
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-60 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO VENDING MACHINES ON
5 PRIVATE PROPERTY
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-60 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 23-60. Vending Machines on Private Property.
14
15 (a) Every vending machine located on private property
16 within designated RT-1, RT-2, RT-3, and RT-4 Resort Tourist
17 Districts shall, when located outside of the enclosed physical
18 structure of a building or establishment, be located in such a
19 manner as to comply with the following:
20 (1) No more than one (1) vending machine shall be
21 located on any lot or parcel.
22 (2) The vending machine shall be accessory to a
23 permitted use and structure.
24 (3) The vending machine shall be enclosed on three
25 (3) sides.
26 (4) The open side of the vending machine enclosure
27 shall not face the boardwalk, any city park or any improved
28 connector street plaza.
29 (5) The vending machine shall be setback a minimum of
30 three (3) feet from any public right-of-way and shall not
31 interfere with any building entrance or exit.
32 (b) When a vending machine has been located in
33 accordance with subsection (a) above, the owner of the vending
34 machine, or the owner or operator of the business or
35 establishment in control of the vending machine, may display, or
36 cause to be displayed, a sign, visible from the public right-
37 or-way, in letters no higher than three (3) inches, for the
38 purpose of indicating the location of the vending machine.
39 (c) For purposes of this section, a vending machine
40 shall be defined as any self-service or coin-operated box,
41 container, storage unit or other dispenser installed, used or
42 maintained for the provision or delivery, by sale or otherwise,
43 of consumable and/or nonconsumable products-7-41IC-Idd-ingT-@-@
44 ne
45 magazineS7-and-excluding-coin-operated-telephonesT
46 (d) The provisions of this section shall not be
47 applicable to newspaper vending machines or coin-operated
48 tele@hones.
49 fdt(e) Any person who violates the provisions of this
50 section shall be guilty of a Class 4 misdemeanor.
51
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the First day of May 1989.
54
55 RMB/epm
56 04/26/89
57 CA-03287
58 \ordin\proposed\23-060.pro
2
APPROVE,-' AS T-@ C@.-
APr'P
1 CITY ATTORNEY 'AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 33-18 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO VENDING MACHINES ON
5 PUBLIC PROPERTY
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 33-18 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 33-18. Vending Machines on Public Property.
14
15 (a) Notwithstanding the provisions of this chapter or
16 any other chapter of the code, the placement of vending machines
17 on any sidewalk or other public property located within
18 designated RT-1, RT-2, RT-3 and RT-4 Resort Tourist Districts
19 shall be prohibited.
20 (b) For purposes of this section, a vending machine
21 shall be defined as any self-service or coin-operated box,
22 container, storage unit or other dispenser installed, used or
23 maintained for the provision or delivery, by sale or otherwise,
24 of consumable and/or nonconsumable products.7--ine-l'dding7-@-@
25 nee
26 raagarine87-and-excluding-coin-operated-telephonesT
27 (c) The provisions of this section shall not be
28 applicable to newspaper vending machines or coin-operated
29 telephones.
30 fet(d) Any person who violates the provisions of this
31 section shall be guilty of a Class 4 misdemeanor.
32
33 Adopted by the Council of the City of Virginia Beach,
34 Virginia, on the I day of May 1989.
35
36 RMB/epm
37 04/26/89
38 CA-03288
39 \ordin\proposed\33-018.pro
- 38 -
Item V-K.3.
NEW BUSINESS ITEM # 31171
ADD-ON
Councilman Heischober referenced article and correspondence from USA TODAY
relative Ordinances to amend the City Code re placement of vending machines on
private and public property (ADOPTED by City Council on March 27, 1989).
The City Staff will advise USA TODAY of the Resolutions and Ordinances ADOPTED
today, Hay 1, 1989, relative newspaper vending machines.
@layor Oberndorf expressed appreciation to LANDMARK COMMUNICATIONS for their
positive attitude. Their corporate resposibility was most exemplary.
Ma 1 1989
-)9
Item V-I.l.
AD,JOURNMENT ITEM 31172
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 3:30 P.@l.
Beverly'U. Hooks
Chief Deputy City Clerk
@th Hodges-Smith, CMC
City Clerk
City of Virginia Beach
Virginia