Loading...
DECEMBER 17, 1991 MINUTES "WORLD'S LARGEST RESORT Cffy'. CITY COUNCIL M.IOR -EIEM E, 'ICE MAYOR @OBERI E FEITM.. I ...... 1.@l A, ..M. -KRT W. @LYBU-, K-,.,,,, IfIR.W -.@ R, J.1@, PAUL]. "NTEIGIE. I.- NM@y K. PA@ER. A, WiW- D. JR,, Al.@, IWE@ K. $@M. C., M.@._ 2@l Ty H@@ BUIWIIG U@E L U@y. @@l, All,.., CITY COUNCIL AGENDA .-icil@L 'E". RUIII 110-@ I.lTii, IMI@ / -E, 1.1, C.@ RI;INIA BEA-, 'IRGIIIA II.I.- DECEMBER 17, 1991 ITEM 1. INFORMAL SESSION Council Chamber - 12:30 PM A. CALL TO ORDER Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend J. D. Seward Brook Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. PENDLETON CHILD SERVICE CENTER CAROLERS E. ELECTRONIC ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF EXECUTIVE SESSION G. MINUTES 1. INFORMAL & FORMAL SESSION - December 10, 1991 H. CITY COUNCIL REPORT 1. PUBLIC-USE GOLF COURSE COMMITTEE Sheppard H. C. Davis, Chairman Leo C. Wardrup, Jr. 1. RESOLUTIONS 1. Resolution directing the Planning Department and Planning Commission create a "Greenways and Trails Plan", incorporate utility easements and other rights-of-way, recommend changes in the Master Bikeway Plan; and, develop incentives, suggestions and recommended ordinances to promote the development of a Comprehens I ve Greenways, Tra i I s and B I keways P I an. (Sponsored by Council Lady Reba S. McClanan) Deferred: December 3, 1991 2. Resolution endorsing the "City ot Virginia Beach 1992 Legislative Proposals"; and, directing the City Manager to forward a copy of this resolution with the proposals to each Member of the General Assembly representing the City of Virginia Beach, Virginia. 3. Resolution directing the Planning Commission study and make recommendation re strategies to avoid conflicts between restaurants serving alcoholic beverages and nearby residential neighborhoods. (Sponsored by Vice Mayor Robert E. Fentress) J. PUBLIC HEARING 1. PLANNING a. RECONSIDERATION OF CONDITION Number 5 in the June 1, 1987, Approved Application of OLD DONATION FARM PARTNERSHIP for Variances to Section 4.1(b)(1), Section 4.4(b), Section 5.2 and a Conditional Use Permit for an open space promotion at the Southeastern terminus of Pembroke Boulevard, containing 32.829 acres (BAYSIDE BOROUGH). Scheduled for Reconsideration: November 26, 1991 b. Application of JOHN S. and VERNA C. FLOYD for a Variance to Section 4.4(b) ot the Subdivision Ordinance which requires all lots created by subdivision meet all the requirements of the City Zoning Ordinance, at 4624 Guam Avenue (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Application of E. EUGENE COOKE to authorize a change in a nonconforming use at 6102 Oceanfront Avenue (to construct an addition to the single-family home and replace the flat roof by installing a pitched root on two existing structures) (LYNNHAVEN BOROUGH). Staff Recommendation: APPROVAL d. Application of MERCHANTS, INC. for a Conditional Use Permit for an automotive repair establishment (installation of tires) at the Northeast corner of Virgi ulevard and Constitution Drive, containing 6,400 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of LOTUS CREEK ASSOCIATES for Modification to Land Use Plan for the Lotus Creek PD-H2 Planned Unit Devel7pm-ent District at 2700 twoodtown Road, containing 81.2 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL f. Application of GENERAL RENTAL CO., INC., d/b/a Taylor Rental Center for a Conditional Use Permit for motor vehicle rental on the North si e f Virgin,a B..ch Boulevard, 650 feet more or less East of Davis Street (5444 Virginia Beach Boulevard), containing 1.922 acres (BAYSIDE BOROUGH). Recommendation: DENIAL K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course ot business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance authorizing the City Manager to convey real estate to the Virginia Department of Transportation re Princess Anne Road Phase Ill Project (CIP 2-820). 2. Ordinance authorizing a temporary encroachment into a portion of the rights-of-way of Crystal Drive and Crystal Lake Drive to Warren and Paula P. Pechan re construction and maintenance of a fence and landscaping with permission for retention of an existing brick wall (LYNNHAVEN BOROUGH). 3. LOW BID a. WATERFRONT MARINE West Neck Bridge $1,659,807.45 CONSTRUCTION, INC. CIP 2-040 Deferred: November 26, 1991 Deterred Indefinitely: December 3, 1991 4. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Atlantic Limousine, Inc. 5. Ordinance authorizing tax refunds in the amount of $8,971.75. 6. Ordinance authorizing license refunds in the amount of $108,085.44. L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 12/12/91 cmd M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginla December 17, 1991 Mayor Meyera E. Oberndorf cailed to order the INFORMAL SESSION f the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on December 17, 1991, at 12:30 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 2 - C 0 N C E R N S 0 F T H E M A Y 0 R 12:30 P.M. ITEM # 35174 Mayor Oberndorf distributed copies of correspondence from Kenneth Alois Zelubowski, Certified Pubi ic Accountant, dated December 17, 1991, for City Counci I to respond re the Community Services Board FY 1992-1993 Budget. Said letter is hereby made a part of the record. - 3 - ITEM # 35175 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of r.sp.ct.ve -andidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Bond Referenda Committee Hampton Roads Planning District Commission Military Liaison Commission Parks and Recreation Commission Resort Area Advisory Commission Southeastern Public Service Authority 2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). To-Wit: Acquisition of property for relocation of Dredge Operation Division - Lynnhaven Borough. Acquisition of school site - Kempsviile Borough. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). To-Wit: Redford v. City of Virginia Beach 6tate of North Carolina. et al v. Citv of Virginia Beach Old Donation Farm Partnership - Agenda Item II J IA Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent None - 4 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CFTY COUNCIL December 17, 1991 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 Hal I Bui Iding, on Tuesday, December 17, 1991, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend J. D. Seward Brook Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 5 - Item I I -D. ITEM # 35176 The Pendieton Child Service Center Carolers sang Christmas Songs for the City Council. The following children participated: Krista Rapp Jasen Schrelber Eric DoPonceau Tawana Broady Craig Brawn Julie Mldgett Kelvin Battle Stewart Lee Homer Hebert Shenise Broady Shane Keller Mark Relchle Mayor Oberndorf presented each child with a Christmas remembrance and they in turn distrtbuted hand made Christmas Cards to the Mayor, City Council and the City Manager. 6 Item II-E.2. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35177 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawtully exempted trom Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were Identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vtce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHERF-AS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35175, Page No. 3 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. /i kMth Hodges S'mith, CMC/AAE City Clerk December 17, 1991 7 Item MINUTES ITEM # 35178 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes ot the INFORMAL & FORMAL SESSIONS of December 10, 1991, AS CORRECTED. Item #35169, Page 23 Ordinance to amend Section 211 of the City Zoning Ordinance, pertaining to temporary signs. The vote was INCORRECTLY stated as 10-0. The CORRECT vote was 7-3. Mayor Meyera E. Oberndort and Council Members Reba S. McClanan and Nancy K. Parker voted NAY. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: James W. Brazier, Jr. Council Members Absent: None Councilman Brazier ABSTAINEI) as he was not in attendance during the City Council Session ot December 10, 1991. 8 Item II-H.l. CITY COUNCIL REPORT ITEM 35179 PUBLIC-USE GOLF COURSE COMt4ITTEE Mr. Sheppard H. C. Davis, Chairman - Public-Use Golf Course Committee, recognized Dolores B. Kelley, Vice-Chairman. The report was distributed to Members of City Council and is hereby made a part of the record. Mr. Davis advised the Committee is very concerned relative the current maintenance of the three municipal golf courses. To solve the maintenance problem, privatization is the unanimous recommendation of the committee. The City should lease courses to the private sector while retaining control over price and conditions. Privatization would bring additional revenue to the City, eliminate a bureaucracy, improve playing conditions and result in better golf for residents and tourists. The City needs a Signature Course immediately. A Signature Course is one of the highest quality, designed by and named for a recognized golfer (Palmer, Nicklaus, Strange, etc). Leo C. Wardrup, Jr. , Member - Public-Use Golf Course Committee, referenced the SUMMARY OF OPERATION AND MAINTENANCE EXPENSES and the PRO F'ORMA STATEMENT OF FUNDS AVAILABILITY, which is hereby made a part of the record. In order to achieve a sound basis for any conclusions, an analysis was completed for eight (8) courses. Three of these courses are operated by the City, one is operated by the City of Newport News, two are privately owned and operated and two are publicly-owned and privately-operated. Operating budgets were evaluated from the following golf courses: Redwing City of Virginia Beach Bow Creek City of Virginia Beach Kempsville City of Virginia Beach Owl's Creek Privately owned Hell's Point Privately owned Stumpy Lake Publicly owned, privately operated Deer Run City of Newport News Course X Publicly owned, privately operated The figures suggest savings can be achieved by moving away from City ownership and City's operation of the golf courses. PRO F'ORMA STATEMENT OF FUNDS AVAILABILITY (THREE CITY OWNED GOLF COURSES) OPERATING REVENUES $ 2,037,000 OPERATING EXPENSES $ -2,066,000 NET OPERATING LK)SS (29,000) NON-OPERATING REVENUE (INTEREST) $ + 128,000 DEPRECIATION (NON-EXPENSE) + 112,000 SUB-TOTAL 211,000 ALLOCATED COSTS (NON-EXPENSE) + 184,000 to 223,000 OPERATION & MAINTENANCE SAVINGS 102,000 to 195,000 NET PRO SHOP/RANGE/CONCESSIONS 150,000 to 225,000 TOTAL FUNDS AVAILABLE $ 6472000 to 854,000 9 Item II-H.I. CITY COUNCIL REPORT ITEM # 35179 (Continued) PUBLIC-USE GOLF COURSE COMt4ITTEE Mr. Wardrup advised the City receives no revenue from the operation of the Pro Shop and the Driving Range, which are very lucrative enterprises. If the City could tap into this particular stream of revenue, approximately $150,000 to $225,000 a year could be generated. Page 8 of Appendix A, lists the Comparison of Fee Schedules. Curtis Strange, upon his visit to the area, indi'cated his desire to build a golf course in this area. The United States Golf Association recommends that courses be reworked every 20-25 years. Both Redwing and Bow Creek need complete facelifts. Mayor Oberndorf referenced Page 5 and 6 of the Public-Use Golf Course Committee report concerning management of the golf courses. The City Manager will advise City Council his recommendations within 60 days of this report. 10 - Item RESOLUTIONS I TEM 35180 Steve Hawthorne, 4420 Chelsea Street, Phone: 671-1026, Member of the Board f Directors of the Greenways With Growth Organization and a Member of the Greenway Advisory Commission in 1988 and 1989. Greenways are linear corridors of open space that encompass both land and water trails. Mr- Hawthorne Spoke in SUPPORT of the Ordinan,,. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council ADOPTED as REVISED: Resolution directing the Planning Department and Planning Commission create a "Greenways and Trails Plan", incorporate utility easement s and other rights-of-way, recommend changes in the Master Street and Highway Plan; and, develop incentives, suggestions and recommended ordinances to promote the development of a Comprehensive Greenways, Trails and Bikeways Plan. VOting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba s. McClanan, Mayor Meyer, E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Requested by Council Member Reba S. McCianan A RESOLUTION DIRECTING THE PLANNING DEPARTMENT AND PLANNING COMMISSION TO CREATE A 'TGREENWAYS AND TRAILS PLAN" TO INCORPORATE UTILITY EASEMENTS AND OTHER RIGHTS-OF-WAY, RECOMMEND CHANGES IN THE MASTER BIKEWAY PLAN, DEVELOP INCENTIVES, SUGGESTIONS AND RECOMMENDED ORDINANCES TO PROMOTE THE DEVELOPMENT OF A COMPREHENSIVE GREENWAYS, TRAILS AND BIKEWAYS PLAN WHEREAS: The City Counci I is desirous to create Greenway System of tral Is for people and animals in conjunction with present plans and future plans, in coordination with residential and commercial development and roadway plans in both developed and undeveloped areas of the City; and WHEREAS: The City Council desires to create the Greenways, Trails and Bikeways Plan and requests the Planning Department, in conjunction with the Planning Commission, to develop plans, incentives and regulations to promote those end,; recommend revisions to the present Plan that may be appropriate to foster, proMC)te and encourage the efficient and economical development ot bikeways, greenways and trail systems within subdivisions, and encouraging their interconnection between contiguous subdivisions and among activity centers within the City, as wel I as neighboring jurisdictions, and to include areas of potential development. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That in addition to the above concept, the Planning Department and Planning Commi ss ion are requested to create a Master Greenways and Tra i I s P I an. This Plan shall include the City's Master Bikeway Plan and make recommendations, including additions and deletions to that Plan as may be appropriate, so as to accomplish the following: (a) Utilization of appropriate public rights-of-way and easements for greenways, bicycles, horseback trails and walking/jogging trails so as to provide a safe and scenic environment for use by the citizens in areas of the City and our visitors; and (b) Utilization of railroad rights-of-way and Virginia Power easements and rights-of-way tor the greenways, bikeways and trails. (c) Review the City's Subdivision Ordinance and recommend development regulations and other incentives to City Council to encourage developers of real estate to include amenities such as greenways, open spaces, bicycle traits, horseback trails and walking/jogging trails within and adjacent to their developments and to provide for the connection of such amenities between contiguous subdivisions and to adjacent activity centers so as to provide the opportunities for the citizens to use such amenities to a greater extent, which are to be planned in conjunction with the existing Bikeway Plan. (d) Incorporate Greenways, Trails and Bikeway Plan into the Master Street and Highway Plan. WHEREAS: The City Council desires public input into the planning of the greenways and trails. NOW THEREFORE, BE IT FURTHER RESOLVED: That a committee be created to serve for a period of one (1) year or such time as is required to complete the Plan in an advisory capacity to the Planning Department to assist in preparing this Plan. The Committee shall consist of three people from the Greenways With Growth Organization (one of whom shall be designated the Chairman by the City Council), one representative ot the Planning Commission, one person from the Department of Parks and Recreation, two persons from Virginia Power and the owners of railway easements, two citizens from the rural areas of the City, two registered professional landscape architects (one representative from the Traffic Engineering Office and one representative from the Tidewater Builders Association), representatives trom the b i cyc I 1 ng part i c i pants in the area and such other persons as City Counci I may designate. Adopted by the City Counci I of the City of Virginia Beach, Virginia, on the 17 day of December , 1991. Item 111-G.2. ORDINANCE/RESOLUTION ITEM # 35181 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED, AS REVISED: Resolution endorsing the "City of Virginia Beach 1992 Legislative Proposals"; and, directed the City Manager to forward a copy of this resolution With the proposals to each Member of the Gener,l Assembly representing the City of Virginia Beach, Virginia. 4. Design Building Authority Councilman Jones requested the words Man Interim brackish water desaiting plant or other measures" after the words "to constructtf be DELETED and the verblage "alternative water supply measures" be fNSERTED. 12. Pendieton Child Service Center With the defense postures changing so rapidly, Councilman Heishchober did not believe thls type of conflict existed as noted in the statement: "This relocation Is being required because of conflicts between the Child Service Center and the National Guard on the State Military Reservation at Camp Pendleton." The first approach should be for the Child Service Center to remain at its present location with no rent and the second approach would be, if the Center must move, the State should provide 50% of the cost of relocation. 14. Transportation Funding Mayor Oberndorf believed there should be a positive statement at the very beginning of the paragraph. The Secretary of Transportation's proposal for an 80-20 match is not economically feasible for the City. The first sentence shall be: The General Assembly Is requested to reject the Secretary of Transportation's proposal. "Funds collected for transportation purposes should not be used for other purposes". Due to its importance, this sentence shall be the second sentence in the paragraph, not the last. Mayor Oberndorf advised knowing that the equity suit is coming up in education and there may be a redistribution of wealth from cities normally receiving educational funding with said funding going to the less affluent areas, the verbiage should be more positive in stating that this City's portion not be reapportioned somewhere else. Concerning Mental Health Services, the General Assembly is requested to continue the momentum established in the late 1980's. The City is not requesting expansion, but substance. Due to Mayor Oberndorf's concerns relative 9. Mental Health Services and 15. School Funding, a new item will be inserted Into the Legislative proposals concerning not diminishing existing funding levels for existing programs. - 12 - Item 111-G.2. ORDINANCE/RESOLUTION ITEM # 35181 (Continued) Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne Council Members Absent: None R E 8 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach, Virginia, has reviewed the presentation concerning certain non- Charter change legislative proposals; and WHEREAS, after due consideration, the Council is of the opinion that such proposals would be beneficial to the citizens of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia that the document attached and entitled "CITY OF VIRGINIA BEACH 1992 LECISLATIVE PROPOSALS" is hereby endorsed by the council as the City's official legislative requests and recommendations for the 1992 Session for other than changes to the City's charter. The City Manager is hereby directed to forward a copy of this resolution with the proposals to each member of the General Assembly representing the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach on the 17 day of December, 1991. :]L 9 9 2 Submitted by the City of Virginia Beach 1992 LEGISLATIVE PROPOSALS SUBXITTED BY THE CITY OF VIRGINIA BEACH Sustain State Funding for Local Gover=ent Purposes. The General Assembly is requested to sustain at least the current levels of funding for local government purposes. This would include funding for schools, funding for law enforcement through the authority derived through House Bill 599, mental health funding, and other initiatives begun by the Commonwealth. Although the Commonwealth is having revenue shortfalls, these shortfalls are not being experienced in a vacuum. Localities, like Virginia Beach, are also experiencing the same shortfalls and are no better prepared to step into any funding gap than the Commonwealth is. The General Assembly is therefore requested to take whatever steps are necessary to maintain at least the current levels of funding to local government. 2. Charter Amendment to allow for the Direct Election of the School Board. The General Assembly is requested to pursue legislation that would allow the School Board of the City of Virginia Beach to be directly elected by the voters. An advisory referendum was held on November 5, 1991, and was overwhelmingly approved by the voters. The details of the Charter Amendment request are attached. 3. The General Assembly is recfuested to change the City Charter, Chapter 15, dealing with the Department Of Agriculture. The changes to this section are attached. This is necessary due to problems with the Federal Department of Agriculture. 4. Indigent Health Care. The General Assembly is requested to increase the amount of indigent health care coming to Virginia Beach. Virginia Beach continues to be woefully under funded by the Commonwealth in terms of indigent health care. In fact, indigent health care coming to the City is based on conditions that existed at the time of the merger in 1963, and are not representative of the City's population and indigent population. Without increased indigent health care coming to the City, our citizens will be forced to travel to the University of Virginia and the Medical College of Virginia for many of their services. The General Assembly is also requested to include increased funding for the Eastern Virginia Medical School to allow that institution to provide additional indigent health care. 1 5. Design Build Authority. The General Assembly is requested to allow the City to have design build authority for the Lake Gaston Project and also other water resources projects within the City. This would allow the City to use design build authority, saving a considerable amount of time, if we are forced to construct alternative water supply measures until the Lake Gaston Project comes on-line. Also, design build authority is desired for the Lake Gaston project to allow the bidding and design process, which would result in quicker construction, to be accomplished. 6. Water Conservation. The General Assembly is requested to pass legislation that would allow cities in virginia to require more water conserving measures than are currently allowed in the State Uniform Building code. This would be f or areas of the Commonwealth that are facing water shortages such as Hampton Roads. This would allow the City to require ultra low flush toilets, for example, which use 1.5 gallons per flush, instead of six gallons as is used in a regular toilet. 7. Groundwater Controls. The General Assembly is requested to allow the City to restrict the use of groundwater during water shortages. This would be legislation that would allow the City, during a declared water shortage or water emergency, to restrict the use of groundwater in certain areas of the City for non- mandatory uses. Many areas of the City still depend on groundwater for potable water use and during severe droughts the use of the aquifer for irrigation, car washing, etc., could exacerbate the problems faced by well users. 8. Food Establishment Inspection Fee. The General Assembly is requested to allow the Virginia Beach Health Department to establish a fee of $100 per establishment per year or $1.00 per seat with a minimum of $100 to inspect for health purposes. This funding to the Health Department would allow better inspections of food service areas, etc. in the City that is dependent on tourism. The State Health Department has decreased this type of inspection in recent years and it is imperative the City maintain high standards in this area. This fee would allow these inspections to be accomplished. 2 9. virginia Marine science Museum. The General Assembly is requested to fund $3 million dollars for design and expansion of the Marine Science Museum. The total cost of the expansion is estimated to be $27,000,000. The Virginia Marine Science Museum is the most highly visited museum in Virginia and it benef its both the City and the Commonwealth through tourism and as an educational institution. 10. Mental Health Services. The General Assembly is requested to provide additional funding for mental health services in virginia Beach. The General ASsembly, since 1986, has provided a very substantial funding increase for mental health services throughout the Commonwealth. These increases are now being eroded and sometimes decreased due to reductions of the State budget. The General Assembly is requested to continue the momentum established in the late 1980's in mental health funding. ii. Fingerprinting of Juveniles. Currently, the State Code states that juveniles may be fingerprinted for certain offenses. The General Assembly is requested to amend the Code to stipulate that juveniles will be fingerprinted. By building up a base of fingerprints, it will make investigation of property crimes and other offenses much easier. 12. Public Beach Board. The General Assembly is requested to restore funding to the Public Beach Board, which provides nourishment for public beaches throughout the Commonwealth. Also, the General Assembly is requested to reimburse the City for the approximately $420,000 that should have been received by the City during the 1990/92 biennium. The funding from the Public Beach Board has been used to nourish the resort area in Virginia Beach, which is host to 2.5 million overnight visitors per year. This produces a very positive return to the Commonwealth in terms of tax dollars. 3 13. Pendleton Child Service Center. The General Assembly is requested to allow the Pendleton Child Service Center to maintain its current location on the Camp Pendleton State Military Reservation. This, also, should be accomplished with no rent being paid by the City. However, if there are sufficient conflicts between the location of the Child Service Center and the operations of the Department of Military Affairs; then, since the Child Service Center is a certified group home, the State should pay its 50% share of the relocation costs as provided by the State Code. This cost would be approximately $600,000. Furthermore, the General Assembly is requested to continue to fund the State's share of the operational cost of the Child Service Center in the next biennium. 14. Penalties for Non-payment of City Accounts. The General Assembly is requested to amend the State Code to allow the City to penalize persons for non-payment of certain accounts to the City to allow the penalty to be equal to 10% of the original amount or 10%, whichever is greater. Currently, the Code allows the lesser of $10.00 or 10% to be charged. 15. Transportation Funding. The General Assembly is requested to reject the Secretary of Transportation's proposal to increase the share of match of urban projects from 2% to 20%. Because of several other studies under way such as SJR-188, which is examining the funding formula action by the General Assembly to increase the urban match amount is unwarranted. Furthermore, the General Assembly is requested to make certain that funds collected for transportation purposes are not used for other purposes as was done during the 1991 Session of the General Assembly. Finally, the General Assembly is reminded that the provision of a sound transportation system remains as important as during the study of Transportation in the 21st Century during 1986. The Commonwealth must provide suitable funding for transportation needs throughout the Commonwealth. 4 16. School Funding. The General Assembly is requested to provide adequate funding for both operational and capital costs of school funding. Furthermore, the proposed realignment of State funding to ameliorate disparity in State funding to school systems throughout the Commonwealth should be examined for what detrimental effects it would have on Virginia Beach. The General Assembly is requested to fully fund the standards of quality for Virginia Beach and to begin sharing in the capital costs of education. 17. Recycling. The General Assembly is requested to adopt additional measures to ensure that tax and other incentives are available to manufacturers who use recycled materials. Although the General Assembly has acted on legislation to promote these incentives in the past, it has not proven to be a proactive enough stance by the Commonwealth to be effective. 18. SePtiC Tank Systems. The General Assembly is requested to give great scrutiny to the considerations currently underway on severely amending the regulations for septic systems. Through changing the minimum separation distance between drain f ields and the water table, it could greatly reduce the land available for development in the southern part of the City, for example, and have a very detrimental affect on our planning capabilities. Much of what is being considered by the Commonwealth lacks demonstrated scientific base. Thus, the General Assembly is requested to amend the septic tank regulations only where positive benef it based on science can be demonstrated. 5 I PROPOSED AMENDMENT TO THE CHARTER OF 2 THE CITY OF VIRGINIA BEACH, 3 VIRGXNIA, BY AMENDING SECTIONS 16.02 4 AND 16.03, AND ADDING SECTIONS 5 16.04, 16.05, 16.06, 16.07, 16.08, 6 AND 16.09 TO AUTHORIZE THE DIRECT 7 ELECTION OF THE SCHOOL BOARD 8 Sec. 16.02. composition of school board. 9 The school board shall consist of eleven members, who shall 10 be appointed by the council of the City of Virginia Beach, 11 Virginia. one member shall be appointed from among the residents 12 of each of the seven boroughs whose terms shall be as follows: 13 two members shall be appointed for one year; two for two years and 14 three for three years. The four additional members shall be 15 appointed from the City at large; two for a term starting Tuly 16 one, nineteen hundred sixty-six, and ending December thirty-one, 17 nineteen hundred sixty-six; the other two starting Tuly one, 18 nineteen hundred sixty-six, and ending December thirty-one, 19 nineteen hundred sixty-seven. After this initial period, all 20 appointments shall be for a period of three years- v 21 however, that no apt)ointment made by 22 beyond December 31, 1996. Vacancies shall be filled by the 23 council for any unexpired terms. Tbe council appointed board 24 shall terminate and all appointed metnbers' terms shal ex 25 December 96. 26 Sec. 16.03. eantinuance 27 28 fte 29 30 31 for tlie unemp 32 A. Effective January 1. ist 33 of eleven (11) members, one fl) member from be 34 elected by the voters of the city at large from among the 35 7-1. 36 tv at larqe. cted 37 t e e ve 38 by the voters 39 Sao, 16.04. BleCti 40 41 aualified voters of the city shall elect one (1) boar 42 each of the boroughs of Bayside, Kemosville, T-vnnhaven, 43 for terms of four (4 44 boroughs of Blackwater, Princes n a d V- 0 45 terms of two (2) yea 46 (41 years and two f2) at la Years, 47 Thereafter. all board members shall be electo 48 (4) Year at-la.r.9 v 49 50 51 52 Thereafter, tbere s 53 election of board members to replace those w ose e s 54 the end of December 55 board member shall commen next 56 following the date 57 58 ru 59 ence, 60 a sabool board. 61 62 shall be filled within sixty (60) days 63 64 board: r)rovided that, so long as any bo 65 and from boroucihs, the vacancy 66 67 5Lndii 68 I)oard. 69 st e ncl u vo @ o e 70 secured the signature of one hundred and twenty-five (125, voters 71 on a petition Pror>erly f e 72 2 73 candidate see 74 reside in su o u 75 sec. 16.07. 76 chairman and v 0 77 The selection, rest>onsibilities, and duties of the chairman 78 and vice-chairman shall be as Provided by general law. 79 Sec. 16.08. in.the event of conflict With 80 general statutes@ 81 In the event of cieneral 82 ai3plication- 83 @.C. 16.09. se visions. 84 The Provisions alg_ to be 85 severable. If any Part. sec' 86 rhrase be adiuclqed to be in-valid, the remainder of the chai2ter 87 shall remain d effect and its validity shall not 88 d 89 Adopted by the Council of the City of Virginia Beach, 90 virginia, on the _ day of 1991. 91 CA-4437 92 DIREL3.RES 93 R-2 3 chapter 15. Department of Agriculture Boo. 15.01. composition The department of agriculture shall consist of afk agent- a hom@ agept a director of agriculture and such other officers and employees organized in such bureaus, divisions and other units as may be prescribed by the council or by the orders of the director consistent therewith. See. 15.02. Functions. The department of agriculture shall exercise all powers which are eenferred ..-On co;,ntiar r-elating to b-no ;,; -1, . I he laws oL the or. Commonwealth of Virginia relating to aariculture and shall have such other powers and duties as may be assigned by the council. Boo. 15.03. Director of Department. -b.- d.4re-tor of the department of agrioultuee agriculture a f- eli:gi:ble the U,@gnia and State Unive@ity. The head of the department of aqr 1. ector of agriculture. He shall have general management and control of the several bureaus, divisions and other units of the department. 1 3 Item 111-G.3- ORDINANCE/RESOLUTION ITEM # 35182 Carter E. Turpin, President - Restaurant Association, registered in SUPPORT of the Resolution. Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City Council ADOPTED: Resolution directing the Planning Commission study and make recommendation re strategies to avoid conflicts between restaurants serving alcoholic beverages and nearby residential nelghborhoods- Voting: 11-0 Councll Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Willlam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Requested by Vice-Mayor Robert E. Fentress 1 A RESOLUTION DIRECTING THE PLANNING 2 commission TO STUDY AND GIVE ITS 3 RECOMMENDATION AS TO STRATEGIES TO 4 BE PURSUED TO AVOID CONFLICTS 5 BETWEEN RESTAURANTS SERVING 6 ALCOHOLIC BEVERAGES AND NEARBY 7 RESIDENTIAL NEIGHBORHOODS 8 9 WHEREAS, the City Council perceives that a conflict 10 exists between certain restaurants serving alcoholic beverages and 11 adjoining or nearby residential neighborhoods, as well as other 12 land uses; and 13 WHEREAS, the City Council has recently adopted certain 14 ordinances which partially address this problem; and 15 WHEREAS, other agencies, including the Virginia ABC Board 16 are involved in the regulation of the sale of alcoholic beverages, 17 and 18 WHEREAS, there is a need to further define the entirety 19 of the problem and to devise a strategy for dealing with it so as 20 to effect:ively involve and fairly treat all parties; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the Planning Commission is requested to study the 24 issue of the compatibility of restaurants serving alcoholic 25 beverages with adjoining and nearby residential neighborhoods, as 26 well as other land uses to define the scope and extent of the 27 problem as it sees it to prescribe a strategy for dealing with it, 28 and to recommend whatever changes to existing city ordinances, as 29 well as any other measures it deems appropriate. 30 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on this 17 day of December 1991. 33 34 CA-4480 35 ALCOHOL.RES 36 R-1 37 - 14 - Item 11-J.1. PUBLIC HEARING ITEM # 35183 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) OLD DONATION FARM PARTNERSHIP RECONSIDERATION OF CONDITION No. 5 (June 1, 1987 approved application). (b) JOHN S. AND VERNA C. FLOYD VARIANCE (c) E. EUGENE COOKE NONCONFORMING USE (d) MERCHANTS, INC. CONDITIONAL USE PERMIT (e) LOTUS CREEK ASSOCIATES MODIFICATION TO LAND USE PLAN (f) GENERAL RENTAL CO., INC. CONDITIONAL USE PERMIT - 15 - Item 11-J-1-a- PUBLIC HEARING ITEM # 35184 PLANNING The tollowing registered in SUPPORT of the applicatlon: Attorney Ed Bourdon, Pembroke one, Fltth Floor, Phone: 499-8971 The following registered In OPPOSITION: Jim Wlilenbrink, 605 Hudgins Court, Phone: 497-0700, Past President of Pembroke Meadows and Shores Civic League and Director of Civic League through the history of the development of Old Donation Farms. Henry Dean, 4424 Cambrin Street, Phone: 499-6574 Larry Gurioli, 620 White Chapel, Drive, Phone: 497-5887 Jim Furlough, 4456 Hudgins Drive, Phone: 490-0254, Director of Recreation Center at Pembroke Meadows. Anne Nickau, 716 Abbey Arch, Phone: 497-3772 Karen Hamilton, 608 Severn Drive, Phone: 497-0395 Jeanette Willenbrink, 605 Hudgins Court, Phone: 497-0700, President - Pembroke Meadows Garden Club Debra Cross, 737 Bishop Drive, Phone: 499-9654 Bob Finley, 4449 Hudgins Drive, Phone: 473-0118 Jeenne Dellicarpini, 4104 Cheswick Lane, Phone: 499-2331, presented photographs displaying the site and petitions in OPPOSITION. Said petitlons are hereby made a part of the record. Robert Westmont, 808 St. Luke Street, Phone: 473-8373 (H), 445-9065 (0) Carol Gurioll, 620 White Chapel, Phone: 497-5887 Steve Hawthorne, 4420 Chelsea Street, Phone: 671-1026, President of Pembroke Meadows Civic League. Mr. Hawthorne distributed petitions containing 680 signatures in OPPOSITION and information relative Old Donation Farm Partnership. Said petitions and lntormation are hereby made a part of the record. Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Councll DELETED 1987 verbiage of CONDITION Number 5 in the June 1, 1987, Approved Applicatlon of OLD DONATION FARM PARTNERSHIP for Variances to Section 4.1(b)(1), Sectlon 4.4(b), Section 5.2 and a for an open S'ace promotion at the Southeastern terminus containing 32.829 acres (BAT@IDE BOROUGH). The following condition was DELETED: 5. Pembroke Bou I evard shal I be extended but not used until and unless the private road is declared structural ly sound by the City Engineer. Cost of repair to be born by the developer. In addition, an adequate f oot br i dge sha I I be added to the pr i vate road for the safety and convenience of pedestrians and bicyclists. The following conditlon shall be required: 1. There shall be no improvement or alteration of the earthen dam within the Pembroke Boulevard right- of-way by the developer. - 16 - Item 11-J.l.a- PUBLIC HEARING ITEM # 35184 (Continued) PLANNING Voting: 11-0 Councll Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 17 - Item 111-J.l.b. PUBLIC HEARING ITEM # 35185 PLANNING John S. and Verna C. F loyd, 4624 Guam Avenue, the appl I cants Mrs. Irene M. Martin, 4625 Lookout Road, registered In OPPOSITION Upon motlon by Counci lman Jones, seconded by Counci Iman Heischober, City Councl I APPROVED the appl ication of JOHN S. AND VERNA C. FLOYD tor a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all the requirements of the City Zoning Ordlnance. Appl ication ot John S. and Verna C. Floyd for a Variance to Section 4.4(b) of the Subdivisions Ordinance. The property is located at 4624 Guam Avenue. BAYSIDE BOROUGH. The following condition shall be required: 1. This subdivision is approved only f or the construction of single-family dwellings. The Ci ty Manager sha I I wr 1 te a I etter conf 1 rm I ng the sma I I cab 1 n beh 1 nd the main house will be destroyed, as promised by the applicants. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 18 - Item 111-J.1-c. PUBLIC HEARING ITEM # 35186 PLANNING Bruce W. Ga I I up, 315 F i rst Col on! a I Road, Phone: 423-81 32, represented the appl lcant and requested DEFERRAL to enable the neighbors to view the house plans. Attorney Howard Martin, Esquire, 1640 Sovran Center, Norfolk, Phone: 623-3000, represented Mrs. Gui Iford D. Ware, who was not in attendance, but as per phone conversation agreed to a DEFERRAL and requested her OPPOSITION be made a part of the record. Upon motion by Counci Iman Brazier, seconded by Counci Iman Baum, City Counci I DEFERRED until the City Council Session of January 28, 1992, the application of E. EUGENE COOKE to authorize a change in a non-conforming use. Appl ication of E. Eugene Cooke for the enlargement ot a nonconforming use on property located at 6102 Oceanfront Avenue (to construct the addition to the single-fami ly home and replace the f lat roof by Installing a pitched roof on two existing structures) LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 19 - Item 11-J.I.d. PUBLIC HEARING ITEM # 35187 PLANNING ElIzabeth N. Herman, 3143 Magic Hol low Boulevard, Phone: 427-1 332, represented the applicant Upon motion by Counci Iman Jones, seconded by Counci lman Heischober, city Council ADOPTED an Ordinance upon application of MERCHANTS, INC. or a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MERCHANT'S INC FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT (installation of tires) R012911409 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ot Merchants's Inc. for a Conditional Use Permit for an automobile repair establishment (installation ot tires) on certain property located at the northeast corner of Virginia Beach Boulevard and Constitution Drive. The parcel contains 6,400 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. The building addition must comply with foundatlon landscaping requirements contained in Section 5A of the Site Plan Ordlnance. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordlnance. Adopted by the Council of the City of V!Fglnla Beach, Virginia, on the Seven eenth of Decmber, Nineteen Hundred and Nin One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None 20 - Item PUBLIC HEARING ITEM # 35188 PLANNING Attorney Joe Lyle, 305-48th Street, Phone: 428-725, represented the aplicant Alfred E. Abiouness, General Partner, 7309 Colony Point Road, Norfolk, represented the applicant Upon motion by Councilwoman McCianan, seconded by Councilman Brazier, City Council ADOPTED the Ordinance upon application of LOTUS CREEK ASSOCIATES for Modification to Land Use Plan: ORDINANCE UPON APPLICATION OF LOTUS CREEK ASSOCIATES FOR A MODIFICATION TO THE LAND USE PLAN FOR LOTUS CREEK Z012911337 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lotus Creek Associates for a modification to the Land Use Plan for Lotus Creek on certain property located at 2700 Atwoodtown Road. The proposed modification to the Land Use Plan is for a change In total number of dwelling units and dwelling type allocation. The current plan allows 300 total units (82 single family, 106 single family attached, 112 multi- family). The proposed plan would allow 285 total units (73 single family, 76 single family attached, 136 multi-tamily). The Comprehensive Plan recommends use of this parcel for recreation/open space. Said parcel contains 82 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Conditions of May 19, 1986, Change ot Zonlng remain eftective; plus, 2. This modification will be subject to the provisions of the Regulations to Accompany the Lotus Creek Development Plan, dated November 8, 1991, prepared by Langley and 14cDonald. 3. In areas where the golf course building line shown on the plan dated November 1, 1991, is less than 175 feet from the centerline of the fairway, the applicant must clearly demonstrate that a substantial stand of existing mature trees will be preserved as a buffer. If a mature-treed buffer cannot be preserved, due to drainage or utility Installation or for any other reason, the golf course building line must be modified to 175 feet from the centerline of the fairway. 4. A traffic signalization bond will be required at the time of formal site plan submittal. 5. No parking restrictions will be required along one side of the Interior drive aisles within the condominium project. - 21 - Item 11-I.I.e. PUBLIC HEARING ITEM # 35188 (Continued) PLANNING 6. A rezoning petition to P-1 Preservation District for the golf course and the wetland greenspace designated on the concept plan dated November 1, 1991, must be submitted prior to final site plan approval In accordance with Section 1127 of the City Zoning Ordinance. 7. An approximate 15-toot right-of-way dedicatlon is required along Atwoodtown Road. 8. An impoundment easement over the stormwater facilitles must be dedicated to the City. An access easement must be provided to maintain the stormwater facilities. 9. Sections Al and A2 shall be constructed as shown on the plan. The developer has the right to switch housing types and densitles in their entirety between areas designated as B and C on the plan. A disclosure statement regarding this flexibility must be made to all potential home owners. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of December. Nineteen Hundred and Ninety-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 22 - Item II-J.l.f- PUBLIC HEARING ITEM # 35189 PLANNING Raymond E. Wi I son, 5445 V irg! nla Beach Bou l evard, Phone: 499-1103, represented the appl i cant. Mr. Wi I son read the letter from S. L. Nus baum Real ty Co. , dated September 5, 1991, concerning leaslng of Ryder trucks. Said letter Is hereby made a part of the record. Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council DEFERRED until the City Council Session of January 28, 1992, an Ordinance upon application ot GENERAL RENTAL COMPANY, INC., d/b/a TAYLOR RENTAL CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GENERAL RENTAL CO., INC. d/b/a TAYLOR RENTAL CENTER FOR A CONDITIONAL USE PERMIT Ordinance upon application of General Rental Co., Inc. dba Taylor Rental Center for a Conditional Use Permit for motor vehicle rental on the north side of Virglnia Beach Boulevard, 650 teet more or less east of Davis Street. The parcel is located at 5444 Virginia Beach Boulevard and contains 1.922 acres. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan* *Council Member McClanan left at 6:10 P.M. - 23 - Item II-K. CoNSENT AGENDA ITF14 # 35190 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones", Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan i@Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, ownership of land with a value in excess of $10,000, at the intersection of Princess Anne and Landstown Roads. A portion of the property is presently the subject of condemnation proceedings by the Comonwealth of Virginia in connection with the Princess Anne Road Phase III Project. While his property is not the subject of the transaction, the City Attorney believes that it is reasonably foreseeable that the appraised value of the City's property may have an effect on the valuation of his property. Councilman Jones wished to disclose this interest and ABSTAIN from voting on Item K.I. of the CONSENT AGENDA. - 24 - Item II-K.1 CONSENT AGENDA ITEM # 35191 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, CitY Council ADOPTED: Ordinance authorizing the City Manager to convey real estate to the Virginia Department of Transportation re Princess Anne Road Phase III Project (CIP 2-820). Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: Reba S. McClanan *Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, ownership of land with a value in excess of $10,000, at the intersection of Princess Anne and Landstown Roads. A portion of the property is presently the subject of condemnation proceedings by the Commonwealth of Virginia in connection with the Princess Anne Road Phase III Project. While his property is not the subject of the transaction, the City Attorney believes that it is reasonably foreseeable that the appraised value of the City's property may have an effect on the valuation of his property. Councilman Jones wished to disclose this interest and ABSTAIN from voting on this transaction. LOUIS R. JONES IMB WITCH PONT TRAIL COUNCILMAN BAYSIDE BOROUGH VIRGINIA BEACH VIRG NIA 23455 (8N) M3-0177 December 17, 1991 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of Virginia, I make the following declaration: 1. The transaction for which I am executing this written disclosure is the Council considerafion and vote on an ordinance authorizing the City Manager to convey City owned real estate to the Commonwealth of Virginia for the Princess Anne Road Phase Ill Project. 2. The nature of my personal interest is that I own property at the intersection of Princess Anne and Landstown Roads which is valued in excess of $10,000.00. A portion of my property is presently tlie subject of condemnation proceedings by the Commonwealtli of Virginia in connection with the Princess Anne Road Phase Ill Project. While my property is not the subject of the transaction, the City Attorney believes that it is reasonably foreseeable that the appraised value of tlie City's property may have an effect on the valuation of my property. Mrs. Ruth Hodges Smith Re: Disclosure pursuan December 17, 1991 t to Section 2.1-639.14(E), Cod,, f 3. The City Attorney has advised me that s t ansac o my prop-ty, and thi r ti n does not solely affect that in his opinion, I am a member of a group, surrounding similarly-situated Property owners, the members of which Le., affected by the transaction. are all 4. 1 wish to disclos this in transacfion. e terest and abstain from pardcipatillg j, thi, Accordingly, I respectfuny -quest that you record this declara on in the offici recOrds of the City Council. I have enclosed an opinio, l,tter t' al Attorney, Which addresses thi, sa-e matter. from Leslie L. Lilley, City Tharik you for Your assistaiice and cooperation in this matter. Sincerel @,i Louis Jo@ Councilman LJ/clb Enclosure oit@ LESLIEL LILLEY CITY @TTORNEY -UNIC @AL CENTER 'fRGINIA BE@C@ VA 23156 900, (8N) 121 1531 'A@ (8N) @16 5681 December 16, 1991 Councilman Louis Jones Municipal Center Virginia Beach, Vir@inia 23456 Re: Conflict of Interests Opinion Dear Councilman Jones: I am writing in response to your request for an opinion re@arding your ability to participate in the Council discussion and vote on an ordinance authorizing the City Manager to convey real estate to the Commonwealth of Virginia for the Princess Anne Road Phase Ill Project. The ordinance is scheduled for the December 17, 1991, meeting of City Council. S@ARYICONCLUSION- From my review of tlie Conflict of Interests Act and the infonnafion provided by you as referenced below, I am of the opinion that you have a personal interest in the transaction of the Virginia Beach City COLIDCil concemin@ the Princess Anne Road Phase IR Project. However, as a niember of a group of persons affected by the transacti.on, you may participate in tiie transaction Lipon disclosure of your ifiterest plirsuaiit to Vir@ nia Code SS 2. 1- 639.14(G). In d@ regard, I attach a written declaration pursuant to SS 2.1-639.14(G) to be filed with the City Clerk. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon tllis opinion if they are correct and complete. Councilman Louis Jones -2- December 16, 1991 Re: Conflict of interests opinion ACTS PRESENTED- Your request for an advisory opinion is generated by the Council's consideration and vote on an ordinance autliorizing the City Manager to convey real estate to the Commonwealth of Virginia for the Princess Anne Road Phase IH Project which is currently scheduled on Council's agenda for December 17, 1991. The ordinance would specifically authorize the City Manager to execute, on behalf of the City, deeds conveying to the Commonwealth of Virginia, for $377,047.00, ce@ land owned by the City in Princess Anne Park adjacent to the Project. The sum of $377,047.00 is based on an appraisal that was conducted to deter@ne the fair market value of the various property rights and interests to be conveyed. You have advised that your concern, and reason for requesting tilis opinion, is that you own 38.6 acres of property at the southeast comer of Princess Anne Road and Landstown Road. The property is valued in excess of $10,000.00. The land is currently in use as a cemetery and is located wi@ the boundaries of the eastem phase of the Princess Anne Road Phase Iff Project. The Comrnonwealth of Virgiriia has instituted condemnation proceedings with respect to approximately 2.5 acres of the property, and the matter remains in lifigation as of this date. Due to the close proximity of the City's property to your property, it is possible that the appraised value of the City's property could have an effect on the value at which your property is ultimately appraised. LSSUE- Are you precluded from participating in the City Council discussion aild vote oil an ordinance audiorizing tiie City Manager to convey real estate to tlie Cominoiiwealtli of Vir,@inia for flie Princess Anne Road Phase Ill Project? ISCUSSION@. I. A. City Council is a govemmental agency, as it is a le@islative braiich of local govemment as defined in SS 2.1-639.2 of the Vir@inia State and Local Governineiit Conflict of Interests Act. B. You are an officer witliin the meaning of SS 2.1-639.2 of die above-referenced Act. Councilman Louis Jones -3- December 16, 1991 Re: Conflict of Interests Opinion C. Council consideration of the ordinance is a "transacdon" as defined by the Act. A transaction includes any matters considered by any govenimental agency on which official action is taken or contemplated. D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability wllich accrues to an officer, employee, or to an inunediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annuauy; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownersmp in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business wbich "ceeds 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transacfion or (ii) may realize a reasonably foreseeable direct or indirect benefit or deftiinent as the result of the ageiicy considering the transaction. R. A. ers ,,j Int,,,,t You have a personal interest in the property you own at the southeast comer of Princess Anne and Landstown Roads by virtue of its value in excess of $10,000.00. B. Pero,,al Interest n tle Tra.@action In order to have a personal interest in the transacfion, your property must be eidier the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the transaction. Your property is not dieSLibject of the transacfion; however, since tlie appraised value of tlie City's property niay liave an effect on the value at whichyOLir property is ultimately appraised, it is reasoiiably foreseeable that you iiiay realize a direct or indirect benefit or detriiiient as a reSLIlt Of tile COLIIICjl'S COnsideration of the ordiiiaiice. ConseqLiently, it is iny opijiioii that yoti liave a pei-sojial iilterest in tlie traiisac6on witjiiii tlie iiieaiiin.- of tile Coiiflict of Interests Act. Councilman Louis io,,s December 16, iggi Re: Conflict of Intere,t, op@on The transaction before the Council does not, howev-, solely affect Your prop You a a member of a group erty. O@ ii part, in connection of owners.whose properties are subject to a @g, in whole with s Project and, ther Council's consideration Of the tM efore WiU be similarly affected by ordinance. The,,fre, participate in the Council's discussion and vote conce, it is mY OPinion that you may COMPIY with the disclosure @g the ordinance as long as you -quirements of SS 2.1-639.14(G). Based on the fact that you r, a member of a group which is affected by e ordina-ce, ie-., all simi@ly-situated pro th PertY owners, You may par c pate City Coun s consideration Of the ordinance. Such disclosure must include a dec ti i in cil to participate laration that you are able in die transaction fairly, biec6vely, and in the public interest r disclosure letter which cOMplies with $ A p oposed 2.1-639.14(G) is e-closed for Your convenience. n -e fliis declaration orally, hi You may eidier i ak 'If the City COuncil, or w ch is to be recorded in the written minutes You -ay file a signed written declaration with the Clrk of the City Council, who shall retain and -ake s docume on for a period of five years from the date of reco thi nt available for publi, inpecti .rding 0, rcipt. The Conflict of interests Act deals with the types of influences upon a public officer's judginent wliich are clearly iinproper. The law does not, however, protect against afl appearances of iniproper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented c-ate an appearance of ]-propriety whicii is unacceptable or which would affect tiie confidence of tlie public in he officer's ability to t be inipar6a]. I liave Opined tilat you inay participate iii tlie transa tio,i after C C disclosure. How ver, if you are concerned that participa6n@ in tlie transactioii, even after disclosure, COLI]D create an uilacceptable a carance, you in. th pp ay abstain fi,oln vobng under SS 2.1-639.14(E) p,oided at you first disclose your interest in the transaction. As a f-inal note to any Coiiflict of Interests opirtioll, SS 2.1-639.18(c) provides that a writtell opinion of tlie ttone -ade after a flill disclosure of tile facts, is advisory and adniissible as evidellce tilat the enforcing offcer did not knowin ]y violate the Act, whil a favorable OPI'llion Of tile c 9 ffi e A as tlie eiidorsin@ o ce, of the COIA, provides imnILinity from any alleged violation. Councilman Louis Jones -4- December 16, 1991 Re: Conflict of interests Opinion The transaction before the Council does not, however, solely affect your property. You are a member of a group of owners whose properties are subject to a taking, in whole - in part, in connection -ith this Project and, th-efore will be similarly affected by Council's consideration of the ordinance. Therefore, it is my opinion that you may participate in the Council's discussion and vote conceming the ordinance as long as you comply with the disclosure requirements of SS 2.1-639.14(G). ill. Based on the fact that you are a member of a group which is affected by the ordinance, i.e., aH similarly-sitliated property owners, you may participate in City Council's consideration of the ordinaiice. Such disclosure must include a declara6on tliat you are able to participate in the transaction fairly, objectively, and in the pubhc interest. A proposed disclosure letter whicii compfies with SS 2.1-639.14(G) is enclosed for your convenience. You inay eidier make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shah retain and make this document available for pubhe inspection for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's jud.@ment which are clearly ii-nproper. The law does not, however, protect a@ainst all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whetlier the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impardal. I have opined that you may parficipate in the transactioli after disclosure. However, if you are concemed that parficipating in tiie transaclion, even after disclosure, could create an unacceptable appearance, you may abstain from votin@ under SS 2.1-639.14(E) provided that you first disclose your interest in the transacdon. Please contact iiie sliOLild you desire any additional information. Very tnily yours, Leslie L. City Atto ey LLL/RMB/clb Enc]OSLire Requested by Department of Public Works 1 AN ORDINANCE AUTHORIZING 2 THE CITY MANAGER TO 3 CONVEY REAL ESTATE TO 4 THE COMMONWEALTH OF VIRGINIA 5 FOR PRINCESS ANNE ROAD PHASE III PROJECT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 WHEREAS, the City of Virginia Beach is the owner of 10 record of several properties contiguous with the Princess Anne Road 11 Phase III Project (VDOT # 0165-134-104, R/W 203) (C.I.P. No. 2- 12 820.01); and 13 WHEREAS, the Department of Transportation, Commonwealth 14 of Virginia, has now requested property for right-of-way and 15 easements needed for the Princess Anne Road Phase III Project; and 16 WHEREAS, the City Council is of the opinion that the said 17 right-of-way and easements should be deeded to the Commonwealth for 18 the Princess Anne Road Phase III Project in consideration of 19 $377,047.00. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That the City Manager is hereby authorized to execute, on 23 behalf of the City of Virginia Beach, Virginia those certain deeds, 24 conveying to the Commonwealth of Virginia, for the sum of 25 $377,047.00, all that certain land owned by the city of Virginia 26 Beach, as outlined on the "LOCATION MAP FOR EASEMENTS AND RIGHT OF 27 WAY CONVEYED TO VDOT FOR PRINCESS ANNE ROAD PHASE III (C.I.P. NO. 28 2-820.01,SCALE: 111=2000'11. 29 This Ordinance shall be effective from the date of its 30 adoption. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 17 day of December 1 1991. 33 Note: Pursuant to V.C.A. 15.1-307 a recorded affirmative vote of 34 three-fourths of all the members elected to Council is required. 35 CA-4517 36 NONCODE\CA4517 37 R-1 APPP.OVED LEGAL SYFFI ts of Ease d Right of veyed to N LOCATION MAP R EASEMENTS AND RIGHT OF WAY \ CONVEYED TO VDOT FOR PRINCESS ANNE ROAD PHASE Ill NO. 2-820.01 LE: 1" = 2000' - 25 - 1 1-K.2 CONSENT AGENDA ITEM # 35192 Upon moti on by V I ce Mayor Fentress, seconded by Counci I m"n Sessoms, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portlon of the rights-of-way Of Crystal Drive and Crystal Lake Drive to Warren and Paula P. Pechan re construction and maintenance of a fence and landscapinq with permission for retention of an existing brick wall (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virignia Beach, at no expense to the City. 2. The owner aqrees to keep and hold the City tree and harmless of any liability as a result of the encroachment, 3. The owner agrees to maintain said encroachment so as not to become unsightly or a harzard- Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and Willlam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan 1 AN ORDINANCE TO AUT'HORIZE 2 A TEMPORARY ENCROAC@T 3 INTO A PORTION OF THE 4 RIGHTS-OF-WAY OF CRYSTAL 5 DRIVF AND CRYSTAL LAYE 6 DRIVE TO WARREN AND PAULA 7 P. PECHAN, THEIR HEIRS, 8 ASSIGNS AND SUCCESSORS IN 9 TITLE 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That pursuant to the authority and to the extent thereof 13 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 14 WARREN PECHAN and PAIJLA P. PECHAN, their heirs, assigns and 15 successors in title are authorized to construct and maintain a 16 temporary encroachment into the rights-of-way of Crystal Dlive and 17 Crystal Lake Drive . 18 That the temporary encroachment herein authorized is for 19 the purpose of constructing and maintaining a two-foot high fence, 20 landscaping, existing brick wall and that said encroachment shall 21 be constructed and maintained in accordance with the City of 22 Virginia Beach Public Works Department' s specifications as to size, 23 aligriment and location, and further that such temporary 24 encroachment is more particularly described as follows: 25 An area of encroachment into a 26 portion of the City's rights-of-way 27 known as Crystal Drive and Crystal 28 Lake Drive, on the certain plat 29 entitled: PROPOSED ENCROACHMENT 30 AT INTERSECTION OF CRYSTAL DRIVE AND 31 @RYSTAL LAKE DRIVE," a copy of which 32 is on f ile in the Department of 33 Public Works and to which reference 34 is made for a more particular 35 description. 36 PROVIDED, HOWEVER, that the temporary encroachment herein 37 authorized shall terminate upon notice by the City of virginia 38 Beach to Warren Pechan and Paula P. Pechan, themselves, their 39 heirs, assigns and successors in title and that within thirty (30) 40 days af ter such notice is given, said encroachment shall be removed 41 from the City's rights-of-way of Crystal Drive and Crystal Lake 42 Drive and that Warren Pechan and Paula P. Pechan, their heirs, 43 assigns and successors in title shall bear all costs and expenses 44 of such removal. 45 AND, PROVIDED FURTHER, that it is expressly understood 46 and agreed that Warren Pechan and Paula P. Pechan, their heirs, 47 assigns and successors in title shall indemnify and hold harmless 48 the city of Virginia Beach, its agents and employees fr- and 49 against all claims, damages, losses and expenses including 50 reasonable attorney's fees in case it shall be necessary to file or 51 defend an action arising out of the location or existence of such 52 encroachment. 53 AND, PROVIDED FURTHER, that the party of the second part 54 agrees to maintain said encroachment so as not to become unsightly 55 or a hazard. 56 AND, PROVIDED FURTHER, that this ordinance shall not be 57 in effect until such time that Warren Pechan and Paula P. Pechan 58 execute an agreement with the city of Virginia Beach encompassing 59 the aforementioned provisions. 60 Adopted by the Council of the CitY of Virginia Beach, 61 Virginia, on the 17 day of December 19 91 62 KL/ta WRO, 63 12/05/91 64 pechan.ord 0 APPR LF-OAL 2 SEE GRID LB Bird LOCATION MAP - 26 - Item 1 ]-K.3 CONSENT AGENDA ITEM # 35193 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, C,tY Council APPROVED: LOW BID WATERFRONT MARINE West Neck Bridge $1,659,807.45 CONSTRUCTION, INC. CIP 2-040 Voting: 10-0 Council Members Voting Aye: John A. BaUm, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndort, Nancy K. Parker and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McCianan - 27 - Item I I -K.4 CONSENT AGENDA ITEM # 35194 Upon motion by Vice Mayor Fentress, seconded by Councl Iman Sessoms, City Council APPROVED: CERTIFICATE OF PUBLIC CONYENIENCE AND NECESSITY Atlantic Limousine, Inc. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wi I I lam D. Sessoms, Jr. Councii Members Voting Nay: None Council Members Absent: Reba S. McClanan - 28 - Item II -K.5 CONSENT AGENDA ITEM # 35195 Upon motion by Vice Mayor Fentress, seconded by Counci im8n Sessoms, CitY Council ADOPTED: Ordinance authorizing tax retunds In the amount of $8,971.75 upon application of certain persons and upon certification ot the City Treasurer tor payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McCianan mber 17 1991 11/22/91 E@IC 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 THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- D ate Penalty I nt. Total NAME Y ear of Tax Number tion No. Paid 5/28/91 275.58 Lincoln County Nat'l Bank 91 RE(2/2) 75704-1 7.74 91 RE(2/2) 124119-6 6/5/91 Troy Nichols Mortgage q5597-9 12/5/90 1,415.90 Harry j Capossela 91 RE(1/2) 9/18/91 1,415-90 Harry J Capossela 91 RE(2/2) 95597-0 6/29/90 1,557.05 liarry J Capossela 90 PE(1/2) 94772-0 6/29/90 1,486.28 90 RE(2/ 94772-0 1,256.00 Harry J Ca 'oossela 89 P,E (11;1 93584-3 11/23/88 1,523.90 Harry J Capossela Bq /2) 93584-3 12/27/90 7.33 Harry H Capossela - RE(2, TrOY Nichols tiortoage 90 P.E(1/2) 122724-8 12/1/89 7.33 Troy Nichols Mortgaqe 90 RE(2/2) 122724-8 5/31/9n 6.87 RE(1/2) 120518-5 11/30/88 Troy Nichols Mortga-ge 80, 2) 120518-5 6/2/89 6.87 Troy Nichols mortgage 89 RE(2/ 5.00 Dreda Shoemo 91 Dog V10887 9/10/91 Total 8,971.75 This ordinance shall be effective from date of adoption. The e abatement(s) totaling $ a@ov I . ere approved by 8 97 75 the Council of t@R Ci y of V I t D@= , 1991 Beach on the @-day of reasurer Approved as to form: Ruth Hodges Smith City Clerk - 29 - Item 1 1-K.6 CONSENT AGENDA ITEM # 35196 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $108,085.44 upon appilcation of certain persons and upon certification of the commissioner of Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: Reba S. McClanan FORM NO. C.A. 8 REV. M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the tollowing applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Humana virginia Hospital, Inc. 108,085.44 T/A Bayside iiospital 1989-91 Audit 108,085.44 P. o. Box 1438 Louisville, KY 40201 Certified as to Payment: Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 108,085 - 44 were approved by the Council 17 December 91 of the City of Virginia Beach on the - day of 119 - Ruth Hodges Smith City Clerk - 30 - Item II-L.I. APPOINTMENTS ITEM # 35197 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: BOND REFERENDA COMMITTEE Robert M. Hayes, Interim Director of Finance Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan 31 - item APPOINTMENTS ITEM # 35198 Upon NOMINATION by Vice Mayor Fentress, city Council APPOINTED: HAWTON ROADS PLANNING DISTRICT COMMISSION James K. Spore, City Manager Unexpired term thru 6/30/93 Voting: 10-0 Councll Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan - 32 - Item 11-L.3- APPOINTMENTS ITEM # 35199 Upon NOMINATION by Vice Mayor F.entress, City council APPOINTED: MILITARY LIAISON COMMISSION James K. Spore, City Manager Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan - 33 - Item 11-L-4- APPOINTMENTS ITEM # 35200 Upon NOMINATION by Vice Mayor Fentress, city Council APPOINTED: SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) James K. Spore, City Manager (Alternate) Unexpired term thru 12/31/92 Votlng: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan - 34 - item 11-M.l.a. UNFINISHED BUSINESS ITEM # 35201 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council AGREED to ADD TO THE AGENDA: Resolution re construction of certain elements of the Lake Gaston project to commence at the earliest possible date, consistent with ruling of the Court and requlrements of law. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 35 - Item 11-M.l.b- UNFINISHED BUSINESS ITEM # 35202 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Counci lman Heischober, City Council ADOPTED: Resolution re construction of certain elements of the Lake Gaston project to commence at the earliest possible date, consistent with ruling of the Court and requirements of law. Voting: 8-2 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr. and Paul J. Lanteigne Council Members Absent: Reba S. McClanan 1 A RESOLUTION PERTAINING TO 2 CONSTRUCTION OF CERTAIN ELEMENTS OF 3 THE LAKE GASTON PIPELINE PROJECT 4 WHEREAS, on December 6, 1991, the united States 5 Court of Appeals for the Fourth Circuit issued an opinion in the 6 case of State of North Carolina v. City of Virginia Beach in which 7 it directed that the City be permitted to go forward with actual 8 construction of certain portions of the Lake Gaston Pipeline 9 Project; and 10 WHEREAS, those portions constitute the "critical 11 path" elements of the Lake Gaston Pipeline Project, in that their 12 completion will substantially facilitate and expedite the 13 construction of the remainder of the Project; and 14 WHEREAS, the critical path elements of the Project 15 consist of six overhead river crossings and the portion of the pump 16 station lying below grade; and 17 WHEREAS, there is a great public necessity for the 18 completion of the Project at the earliest possible date; and 19 WHEREAS, in order to facilitate the commencement of 20 actual construction of the critical path elements of the Project at 21 the earliest possible time, it is necessary and advisable 22 immediately to undertake certain measures preparatory to the 23 commencement of construction, which measures include, among others, 24 the prequalification of bidders and the process of soliciting bids 25 and awarding contracts; 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 That the City Staff is hereby authorized and 29 directed forthwith to undertake all ineasures which are necessary or 30 advisable in preparation for, and to facilitate, the coininencement 31 of actual construction of those portions of the Lake Gaston 32 Pipeline Project constituting the aforesaid critical path elements 33 of the Project. 34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 That actual construction of the aforesaid critical 37 path elements shall be commenced at the earliest practicable date, 38 consistent with the ruling of the Court and the requirements of law 39 pertaining to public construction contracts. 40 Adopted by the city Council of the city of virginia 41 Beach on the 17 day of December 1991. 42 CA-91-4520 43 \wTnwater\gaston.res 44 R-1 2 - 36 - Item 11-M.2.a. UNFINISHED BUSINESS ITEM # 35203 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council AGREED to ADD TO THE AGENDA: Resolution expresslng deepest appreciation for Musicians and Directors of Orchestra of Virginia Beach and encouraging the support of our citizens. Voting: 11-0 Councll Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 37 - Item ii-M.2.b. UNFINISHED BUSINESS ITEM 35204 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Counci woman Parker, City Council ADOPTED: Resolution expressing deepest appreclation for Musicians and Directors of Orchestra ot Virginia Beach and encouraging the support of our citizens. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndort, Nancy K. Parker and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McCianan Requested by Mayor Meyera E. oberndorf 1 A RESOLUTION IN SUPPORT 2 OF ORCHESTRA VIRGINIA BEACH i 3 WHEREAS, ORCHESTRA VIRGINIA BEACH has, since its 4 formation, provided inusical programs of superior quality, 5 contributing richly to the cultural heritage of this CitY; 6 WHEREAS, this valuable cultural resource has enhanced the 7 image of virginia Beach as a progressive community whose benefits 8 to our citizens include the availability of refined musical 9 entertainment; 10 NOW, THEREFORE, be it resolved by the Council of the City 11 of virginia Beach, Virginia: 12 That city Council hereby expresses its deepest 13 appreciation for the musicians and directors of ORCHESTRA VIRGINIA 14 BEACH, and encourages the support of the citizens of virginia Beach 15 for this outstanding orchestra. 16 Adopted by the Council of the city of Virginia Beach, 17 virginia, on the 7@ day of December 1991. 18 CA-4523 19 NONCODE\ORCHESTR.RES 20 R-1 38 - ADJOURNMENT ITEM # 35205 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the M,eting at 6:20 P.M- th Hodge S.,th, CMCIAAE Mayor City Clerk City of Virginia Beach Virginia