APRIL 23, 1991 MINUTES
,,WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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APRIL 23, 1991
ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber - 10:00 AM
A. FY 1991-1992 OPERATING BUDGET
ITEM 11. CITY MANAGER'S BRIEFING - Council Chamber - 3:30 PM
A. CONDITIONAL ZONING PROFFER CALCULATIONS
Robert J. Scott, Director of Planning
ITEM Ill. INFORMAL SESSION - Council Chamber - 5:30 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding
B. INVOCATION: Captain Edward L. Richardson
Chaplain, Ret.
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - April 9, 1991
G. CITY COUNCIL PRESENTATION
1. VIRGINIA FORESTRY POSTER AWARDEES
1139th ANNUAL KEEP VIRGINIA GREEN POSTER CONTEST"
Virginia Beach Vocational Technical Center
Jean Judith Doyle
Teacher, Advertising Design
First Place : Jason Olsson
Second Place: Omar Qulambao
H. CITY MANAGER'S PRESENTATION
1. FORESTRY ANNUAL REPORT
William L. Pierce
Regional Forester
Department of Forestry, Commonwealth of Virginia
1. PUBLIC HEARING
1. FRANCHISE: COX CABLE OF HAMPTON ROADS
J. ORDINANCES
1. Ordinances to AMEND and REORDAIN the Code of the City of Virginla
Beach, Virginia:
a. Sectlon 6-116 re surfing generally.
b. Section 6-5 re pets on beach.
c. Section 6-3 re playing ball, using frisbee, at cetera, on
beach.
d. Section 6-114 re restrictions on launching, landing, parking or
stationing recreational vessels In certain areas.
e. Section 6-30 re fishing from sand beaches of Virginia Beach
Borough.
f. Section 6-10 re use of roller skates, skateboards, et cetera,
on boardwalk or grassy area, bicycle path, oceanfront parks and
plazas, public restrooms and sidewalks adjacent thereto.
Deferred: April 2, 1991
2. Ordinance to AMEND and REORDAIN Chapter 38 of the Code of the City
of Virginia Beach, Virginia, by ADDING Sectlon 8 re transporting a
loaded rifle or shotgun.
K. RESOLUTIONS
1. Resolution requesting the State Corporation Commission to Impose
conditions of approval on Virginia Power's application for
authority to construct a electrical transmission line and
substation on Jarvis Road west of Princess Anne Road.
2. Resolution authorizing the City Manager to proceed with
instal lation of temporary pavement markings along Atlantic Avenue
from Fifth Street to Forty-second Street to provide one lane In
each direction with a reversible center left turning lane and an
exclusive trolley/emergency vehicle lane.
3. Resolution authorizing the City Manager to proceed with plans and
documents necessary to implement the cross section for Atlantic
Avenue within the Streetscape Project from Twenty-fifth Street to
Forty-second Street.
4. Resolution approving the locatlon and major design features of
Rudee Inlet Bridge (CIP 2-903); and, authorizing the City Manager
to execute all necessary railroad and utility agreements required
In conjunction with acquiring such rights-of-way-
5. Resolution authorizing the City Manager to execute an agreement
with Southeastern Virginia Job Training Administration re 1991 Job
Training Partnership Act Work Experience Program.
6. Resolution referring to the Planning Commission proposed Amendment
to Section 5A.2 ot the Site Plan Ordinance re parking lots
landscape requirements.
7. Resolution directing the Plannlng Commission to study and recommend
to City Council re increase In otf-street parking requirements for
marinas.
L. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordlnary 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. Resolution authorizing the Mayor to execute and deliver a duplicate
$100,000 Virginia Beach Sewer and Revenue Note, bearing 6% annual
rate of interest, to Edward S. Garcia, 3333 Virginia Beach
Boulevard, Virginia Beach, Virginia. Note Number R-50 having been
misplaced.
2. Resolution directing the Director of Finance to authorize Crestar
Bank to make payment of $1,250 interest due on lost coupons (all
Number 26) from Bond Numbers 3103-3109 (inclusive), 3137, 3138 and
3143 to the Bank of Northumberland, Heathsville, Virginia, in Its
representative or fiduclary capacity for the owner, Earl W.
Stephens, re General Obligation Public Improvement Bonds, Series
1977.
3. Resolution directing the Director of Finance to authorize Citibank
to Issue and deliver a new or duplicate $5,000 General Obligation
Public Improvement Bond, Series 1987, bearing 6.60% annual rate of
Interest, to Richard B. McCaulley, 7426 Allen Drive, Falls Church,
Virginia. Bond Number R-10045 having been lost In the mall.
4. Ordlnance, upon SECOND READING, to APPROPRIATE $1,200 to the
Library Department's special gift fund re purchase of a Diagnostic
Software Package.
5. Ordinances authorizing tax refunds in the amount of $18,681.80.
PUBLIC HEARING
1. PLANNING
a. Application ot STEVEN P. FENTRESS for a Variance to
Section 4.4(b) of the Subdivision ordinance which requires that
al I lots created by subdivision meet al I requirements of the
City Zoning Ordinance, at 5021 Broad Street (BAYSIDE BOROUGH).
Recommendation: APPROVAL
b. BREEZ-IN ASSOCIATES re the Southeast intersection of
Lynnhaven Parkway and Indian River Road, containing 3.124 acres
(KEMPSVILLE BOROUGH):
RECONSIDERATION OF CONDITIONS (May 29, 1990, Approved
application of LASSITER AND ASSOCIATES for a Conditional Zoning
Classification from to B-
Business District);
AND,
Conditional Use Permit for automobile service / convenlence
store / gasoline Ttat-ion.
Recommendation: APPROVAL
c. Application of OCEAN@ CHURCH OF CHRIST for a Conditional Use
Permit for a church parking lot exdansion on Lots C, D, E, JI
K, L, M and a portion of a 20 foot lane, Oceana Gardens
(1460 Virginia Beach Boulevard), containing 1.5176 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
d. Application of TIDEWATER TOWING, INC. for a Conditional Use
Permit for bulk storaqe of automobiles at the Northeast corner
of Dorset Avenue and Southern Boulevard (120 Dorset Avenue),
containing 2.409 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
e. Application of WALTER F. SULLIVAN, Bishop of the Roman Catholic
Diocese, for a Chanqe of Zoninq District Classification from
AG-2 Agrlcultur6l D-istrict to 0-2 Office Distr-lct on the West
side of General Booth Boul vard, 432 fet more or less
North of London Bridge Road, containing 6.290 acres
(PRINCESS ANNE BOROUGH).
No Recommendation Due to Tie Vote
f. RECONSIDERATION OF CONDITIONS In the May 15, 1989, Approved
application of LYLE T. and 14ARY E. SMITH for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires all
lots being created in the R-6 Residential District have a lot
width of 75 feet (2033 Salem Road) (KEMPSVILLE BOROUGH).
Staff Recommendation: Advertise for Reconsideration
g. Applications of CITY OF VIRGINIA BEACH for Conditional Zoninn
Classifications (KEMPSVILLE BOROUGH):
From R-10 Residential District to B-3 Central Buslness District
250 ee@ more or less Southwest of Independence Boulevard
beginning at a point 950 feet more or less Southeast of
Baxter Road, containing 3.79 acres;
From 1-2 Heavy Industrial District to B-3 Central Business
Distri f In ependence Boulevard
beginning at a point 600 feet more or less Southeast of
Baxter Road, containing 8.16 acres;
AND,
From B-2 Communitv Business District to B-3 Central Buslness
District on the following parce s:
Parcel 1: At the Southeast intersection of
Independence Boulevard and Baxter Road.
Parcel 2: On the Southwest side of Independence
Boulevard beginning at a point 860 feet
more or less Southeast of Baxter Road.
Total: 13.43 acres
Deferred: April 9, 1991.
Recommendation: APPROVE ALL APPLICATIONS
h. Ordinances to AMEND and REORDAIN the Subdivision Ordinance of
the City of Virginia Beach, Virginia:
(a) Section 4.1(m)(i) re street right-of-way widths.
(b) Section 5.5 re required Improvements for street and other
drainage.
Recommendation: APPROVAL
N. APPOINTMENT
EROSION COMMISSION
0. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT
SCHEDULE
FY 1991-1992 OPERATING BUDGET
APRIL 24, 1991 7:00 PM
PUBLIC HEARING
Green Run High School
Auditorium
APRIL 30, 1991
CITY COUNCIL'S FINAL WORKSHOP
City Council Chamber
MAY 7, 1991 2:00 PM
PUBLIC HEARING and FIRST READING
APPROPRIATION ORDINANCE
City Council Chamber
MAY 14, 1991 2:00 PM
SECOND READING
APPROPRIATION ORDINANCE
City Council Chamber
4/16/91 lbs
7
Item Ill-F-1-
MINUTES ITEM 34371
Upon mot I on by Cou nc I I woman McC I anan seconded by Councilman Heischober, City
Council APPROVED the Minutes of the INFORMAL AND FOR14AL SESSIONS of April 23,
1991, with the following clarifications:
ITEM # 34359, Pages 43 and 44
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM
R-10 TO B-3 Z04911306
AND,
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR CONDITIONAL ZONING CLASSIFICATION FROM
1-2 TO B-3 Z04911307
ITEM #34359 of the Minutes of April 23, 1991, shall
be DEFERRED until the City Council Session of May
14, 1991. Councilwoman McClanan understood the
proffers contained In the letters distributed by
the Larkspur Civic League were to be incorporated
Into the conditions for approval.
Councilman Baum referenced ITEM #34360, Page 46
Ordinance to Amend and Reordain Section 4.1(m) (1)
of the Subdivision Ordinance Pertaining to Street
Right-of-Way Widths.
Councilman Saum further referenced discusslon
relative drainage swaies with Robert Scott
concerning perforated curbs instead of gravel. This
was not included in the Ordinance but Counclimah
Baum wished the City Staff to review this and
present City Council with an amendment containing
the appropriate language.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndort
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item ill-F-1-
MINUTES ITEM # 34412
Upon motion by Councilw(xnan Parker, seconded by Councilman Sessoms, C*Ity
Council APPROVED ITEM # 34359, Pages 43 and 44 of the Minutes of the FOR14AL
SESSION of April 23, 1991, with the addition of the following statement:
City Council also recognizes the concerns stated by
Larkspur Civic League, Brookside Condominium
Association and the Kemspville Greens Civic League
at the April 23, 1991, City Council Session and
will consider these concerns with the sale of the
property. (Said concerns are hereby made a part of
the record.)
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM
R-10 TO B-3 Z04911306
AND,
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACII FOR CONDITIONAL ZONING CLASSIFICATION FROM
1-2 TO B-3 Z04911307
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Glyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
CONCERNS
CIVIC LEAGUES
Applications of CITY OF VIRGINIA BEACH for conditional
zoning classifications of 13-43 acres of land from R-10,
1-2 and B-2 to B-3 (Kempsville Borough)
Representatives of the Larkspur Civic League,
Brookside Condominium Association and the Kempsville Greens
Civil League have met with various city officials
concerning the aforementioned property to be rezoned.
Although much has been done to reduce the impact of the
development of this property upon the surrounding
communities, several concerns remain as follows:
Proffer 3
This proffer seems to say that a street or alley over
25 feet in width or a body of water of 50 feet in width is
justification not to follow the installation of the
variable buffer designed in the concept Plan, even though
Proffer 5 says the landscape buffer shall be in substantial
agreement with the concept plan.
Proffer 3 only mentions Residential Districts but not
Apartment Districts.
The concept plan does not show buffering on a portion
of Parcel C that is across from the Brookside Condominium
and next to a body of water that may be over 50 feet in
width. Because the minimum rear yard set back is 0, there
could be no yard in @hich to put a visual screening barrier
of vegetation. Since this is a high quality development, we
believe there should be Category IV Buffering there.
2
Requested Solution: Modify the f irst sentence of
Proffer 3 to read:
A variable landscape buffer of twenty-five
(25) feet to thirty-five (35) feet, as
designated on the concept plan, with category
IV landscape screening shall be provided
adjacent to any Residential District or
The second sentence of Proffer 3 should remain the
same.
proffer 4
A very great concern is that eventually, after
development of the property, the pressure of traffic
congestion on Baxter Road will cause a determination that
additional ingress/egress routes are needed. Obvious
candidates are Hoylake Drive and a road across the golf
course to Q pen I@ Greens Ro-o.4, We had hoped that a
one (1) foot running no ingress/no egress easement only
allowing access to Brookside condominiums and for Keener
Lane would be used as the vehicle to prevent future cuts
through to Hoylake Drive or to @peo , Greens Roct4.
While Proffer 4 as a condition or restriction does
"run with the land" the proffer addresses only no
ingress/egress fr_om the property. There appears to be no
prohibition to, for example, extend Hoylake Drive from
outside the property into the nearly cul de sac ilnsi-de the
property shown on the concept plan.
3
Requested solution: In addition to Proffer 4, the CitY
Council direct the city when the property is platted tO
establish a one (1) foot running no ingress/egress easement
in the landscape buffer along the property line allowing
access only for Brookside Condominiums and sufficient
ingress/egress to benefit legal access to Keener Lane by
residential property owners.
Parcel E
While we recognize that it is desirable for the City
to obtain financial benefit from the sale of this property,
it is recognized that Parcel E may be the least desirable
property to develop. Furthermore, it is understood that an
Upland/Wetland Study of the property has not been
completed. Finally, the development of Parcel E puts
commercial development between a Residential District and
an Apartment District which adversely impacts on property
owners in these Districts.
Recommended Solution: Should the completed Wetland
Study dictate or Parcel E proves for some other reason to
be unsellable, that it remain undeveloped.
Keener Lane Easement
We understand the City recognizes the problems
involved with this easement across the property of some
Larkspur residents. The easement issue is viewed as a legal
problem to be amicably solved between the City and those
property owners.
4
Traf f ic
This property represents the end of a very large track
of land designated by the Comprehensive Plan to be
commercially developed (between this property and Corporate
Woods through the existing trailer park on Bonney Road).
The traffic loading on Baxter Road is already intense and
key intersections are forecast to remain at a low standard
of service. The City needs to thoroughly address the future
traffic problems in this area between Independence
Boulevard and Kempsville and Witchduck Roads.
Recommended Solution: That City Council direct the
City to re-analyze the impact on traffic along the traffic
corridors between Independence Boulevard, Princess Anne
Road, and Witchduck Road (south of the toll road) due to
the commercial development expected to occur in this area
based on the City's Comprehensive Plan. And that solutions
and associated costs to mitigate this impact on traffic be
provided to Council.
m I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vlrgitila Beacli, Virglnla
April 23, 1991
Vice Mayor Robert E. Fentress called to order the CITY COUNCIL WORKSHOP
MANAGER'S BRIEFING relative the FY 1991-1992 OPERATING BUDGET of the VIRGINIA
BF-ACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
April 23, 1991, at 10:00 A.M.
Council Members Present:
John A. Baum, Robert W. Ciyburn, Vice M ayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf (RECLTPERATING FROM MAJOR SURGERY)
James W. Brazier, Jr. (HAD TO LEAVE/RETURNED: 12:20 P.M.)
William D. Sessoms, Jr. (ENTERED: 1:15 P.M.)
- 2 -
C IT Y C 0 UN C I L W OR K S HOP
FY 1991 - 1992 OPERATING BUDGET
ITEM # 34322
10:00 A.M.
The FY 1991-1992 OPERATING BUDGET WORKSHOP entailed discussion by the following
Agencies and Departments:
The Honorable Frederick P. Aucamp
Judge - Juvenile and Domestic Relations District Court
(Department of Social Services Court Service Unit)
W. Andrew Burke - Economic Development
David M. Grochmal General Services
Dr. Marlene Hagar General Registrar
Robert R. Loher - Board of Zoning Appeals
Patricia A. Phillips - Arts & Humanities Commission
Robert J. Scott - Mass Transit Operations
Wetlands Board of Virginia Beach
Ruth Hodges Smith, OIC/AAE - Department Volunteer Council
Gwen K. Cowart - Joint Cable Center
E. Dean Block - Community Organization Incentive Grants
Fagan D. Stackhouse - Employee Special Benefits
E. Dean Block for Jerald D. Banagan - Revenue Reimbursements
E. Dean Block - Community Organization Incentive Grants
Chief Harry E. Diezel - Fire Department
C. W. Smith, Jr. Information Technology
Robert R. Loher Permits and Inspections
Dennis Wool - Mental Health/Mental Retardation/Substance Abuse
Bruce W. Edwards - Emergency Medical Services
C. Mac Rawls - Virginia Marine Science Museum
Walter C. Kraemer, Jr. - Budget and Evaluation
Henry Ruiz - Resort Programs
Patricia A. Phillips - Research and Strategic Analysis
H. Clayton Bernick, III - Envirorunental Management
Charles G. Hassen -Development Services Center
Robert R. Matthias - Intergovernmental Relations
James B. Ricketts - Convention and Visitor Development
Maryann I. Ustick - Housing and Neighborhood Preservation
Clarence 0. Warnstaff - Public Utilities
The City Council RECESSED at 2:55 P.M., after which to RFCONVENE for the CITY
MANAGER'S BRIEFING relative CONDITIONAL ZONING PROFFER CALCULATIONS.
- 3 -
C IT Y MANA GE R ' S B R I E F IN G
CONDITIONAL ZONING PROFFER CALCULATIONS
ITEM # 34323
3:30 P.M.
E. Dean Block, Assistant City Manager for Analysis and Evaluation, referenced
INFRASTRUCrURE COSTS, FISCAL IMPACTS AND PROFFER CHARGES. The process for
proffer procedures addresses three major issues:
Is this process appropriate to and protective of
the Comprehensive Plan?
Is the procedure rational?
Is the procedure reasonable?
Robert J. Scott, Director of Planning, advised the three basic principals
relative handling growth in the City:
Backlog - Improving but still difficult situation relative roads in
the northern part of the City and CIP should be targeted towards
those problems first before other problems arise.
No Long Wait - Problems must be solved sooner and not create ones
that cannot be remedied in a reasonable period of time and not let
problems already created drag on without remedy.
Transition Zone - Two transition zones were created by City Council
on March 5, 1991, to accommodate growth South of the Green Line, but
subject to a number of important rules. All on-site roadways needed
for adequate traffic flow should be the responsibility of the
developer and the developer should pay the project's pro-rata share
of all other needed capital improvements including, but not limited
to, off-site roadways, drainage, schools, libraries, fire stations et
cetera through Conditional Zoning proffers.
Patricia Phillips, Director of Research and Development, advised the City
employed two outside consultants, Doctors Robert W. Burchell and David Listokin
(Professors at Rutgers University) to assist the City identifying costs
associated with new growth and proffer charges associated with Conditional
Zoning.
Dr. Burchell advised a study was conducted tracing the national origins and
concepts of local development charges. Thus, the study for Virginia Beach would
entail national principals and be sensitive to the State legal environment and
contain local data. The object was to derive a proffer schedule, which was
related to the particular circumstances existing in the individual
municipality. The proffer schedule developed is equitable and sensitive to the
future positive fiscal impacts of a development that would qualify under this
schedule. The proffer schedule is reflective of the culture of impact fees. It
is a capital and not an operation charge. It is a marginal one-time charge and
it is rationally tied to the cost required by new development. The combination
of the infrastructure charge, taken together with the mitigating aspects of
both fiscal impact and the equity credit for existing debt service, constitutes
the proffer charge. The proffer system, put in place and carefully monitored,
will enable developments that exceed Comprehensive Plan densities to pay for
the costs they create.
Dr. David Listokin outlined specific aspects of the report. Dr. Listokin
referenced Page 5 of the document "PROFFER CHARGES - CONCEPTS AND
APPLICATIONS". Exhibit A: CALCULATION OF PROFFERS: VIRGINIA BEACH, VIRGINIA
STRATEGY. There are two sides to the equation (debits and credits) in
attempting to calculate the proffer. With regards to the Concept, the debit is
the Total Marginal Capital Cost to the City. There is also a credit side, as
growth occurs it pays taxes and there are other benefits to the City. With
relation to the method growth impacts on capital facilities, this would be
examined point-by-point (Residential (Units - People/pupils - Municipal and
School Capital Costs/ nonresidential developments - Employees/Consumers -
Municipal Capital Costs). This is the debit side of the equation. In examining
the credit side of the equation, there are two specific credits: "Equity" -
Annual Taxes x Capital Share x Cap Rate + "Fiscal Impact" - Annual Fiscal
Impact x Capital Share x Cap Rate.
- 4 -
C IT Y MANA GE R ' S B R I E F IN G
CONDITIONAL ZONING PROFFER CALCULATIONS
ITEM # 34323 (Continued)
Dr. Listokin referenced EXHIBIT 1 - MODULAR DEVELOPMENT TYPES:
PHYSICAL/DEMOGRAPHIC PROFILES, EXHIBIT 2 - DEVELOPMENT-RELATED INFRASTRUCTURE
NEEDS AND COSTS - NON-ROAD. This was subdivided into Governmental Level,
Infrastructure Need, Infrastructure Usage, Infrastructure Capacity,
Infrastructure Costs and Infrastructure Cost Per Unit of Capacity. EXHIBIT 3 -
DETAILED ANALYSIS OF SCHOOL INFRASTRUCTURE COST AND CAPACITY entailed deriving
a School Infrastructure Cost Per Pupil. The Total Cost, Cost Net of Developer
and Extralocal Aid, Nominal School Capacity, "Adjusted" School Capacity and
School Infrastructure Cost Per Pupil were examined. EXHIBIT 4 - DEVELIDPMENT
RELATED INFRASTRUCTURE NEEDS AND COSTS - ROADS examines road improvements for a
residential and nonresidential development standpoint. EXHIBIT 5 - MARGINAL
INFRASTRUCT[JRE COSTS FOR COMPONENT LAND USES - examines the Elements of
Infrastructure Cost. This is the debit side of the equation. The credit side
of the equation is reflected in EXHIBIT 6 - FISCAL IMPACTS OF COMPONENT LAND
USES. EXHIBIT 7 - reflects PROFFER CRARGES FOR COMPONENT LAND USES TAKING INTO
ACCOUNT INFRASTRU COSTS, FISCAL IMPACR AND EQUITY CONSIDERATIONS
Patricia Phillips, Director of Research and Strategic Planning, provided a
synopsis of the Burchell and Listokin Study by the utilization of slides:
Proffer procedures provide a guideline.
Goal is to calculate a reasonable pro-rata share of
capital costs.
Cost of needed improvements = Service standard x costs
Facility standards -- as established by the
Comprehensive Plan
per capita
acres per 1,000 population
trips
trip lengths
per employee
Proffer Charge = Total Infrastructure - Credits
The Cost Elements entailed in the equation ate:
General Government (Public Buildings)
Cost of administrative space
$9 per capital (residential)
$3 per employee (nonresidential)
Police, Fire, Emergency Medical
One police precinct per 98,000 people ($9 per capita
for residential) and 36,000 employees ($8 per
employee)
Share of a central station ($10 per capita, $9 per
employee).
One fire/EMS station per 22,000 people ($33 per
capita) and 8,000 employees ($31 per employee).
Roads
Trip-ends per day x trip miles; at 7,750 trips per
lane-mile (Service Level "C"), times cost of $600
per foot:
Times cost per lane-mile:
Per Unit Per 1,000 sf
Single-family = $2,230 Office = $4, 1
Townhouse = 1,673 Retail = 4,530
Apartments = 1,394 Industrial = 1,603
- 5 -
C I T Y M A N A G E R I S B R I E F I N G
CONDITIONAL ZONING PROFFER CALCULATIONS
ITEM # 34323 (Continued)
Parks, Recreation Centers, and Libraries
Parks:
Two acres per 1,000 population for a communlty
level park, at $27,00 per acre.
Three acres per 1,000 population for a district
level park at $15,360 per acre.
Dedication of 2 acres per 1,000 population for
neighborhood park for residential development.
Recreation Centers:
.75 sf indoor recreation facility per capita, at
$99 per sf.
Libraries:
.225 sf per capita branch library space at $119 per
sf .
Schools
Development-generated students per household x per
pupil construction costs.
Single Family $5,911
Townhouse 2,947
Apartment 304
Extraordinary Items, If any
For example, will a bridge be needed; will there be
other special costs for wetlands, water tower,
etc.?
Unique circumstances.
Credit for Share of Future Revenue that will pay for Debt Service
8 1/2% of estimated pro rata annual revenues from
the development, capitalized at 7% for 20 years.
Credit for Positive Annual Fiscal Impacts
(This will apply only to positive annual fiscal Impact projects)
8 1/2% of net annual fiscal Impact, (portion that
would be used to offset future debt service),
capitalized at 7% for 20 years.
Dr. James Nichols, Associate Director and Professor of Urban and Regional
Planning - University of Florida, advised virtually every c(xnmunity is havlng
problems funding roads and schools. Any system like this has a tendency to
become very complex. This City must keep it simple. The objective of the
proffer program Is not to be totally accurate or predict anything, but rather
establish a reasonable procedure for sharing costs. After reviewing this
document concerning Infrastructure Costs, Fiscal Impacts and Proffer Charges,
Dr. Nichols believed this to be an outstanding procedure
- 6 -
ITEM # 34324
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Vice Mayor Robert E. Fentress In the Counci I Chambers, City Hal I Bui Iding, on
Tuesday, April 23, 1991 at 5:12 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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent-.
Mayor Meyera E. Oberndorf
7
ITEM 34325
Vice Mayor Robert E. Fentress entertained a motion to permit City Counci I to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or Interviews of
prospective candidates 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: Erosion Commission
Performance Appraisal: City Manager.
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Jones, City Counci I
voted to proceed Into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lantelgne, Reba
S. McCianan, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent
Mayor Meyera E. Oberndorf
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
ITEM # 34326
April 23, 1991
6:00 P.M.
Vice Mayor Robert E. Fentress called to order the FORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on
Tuesday, April 23, 1991, at 6:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Glyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf (UNDERGOING MAJOR SURGERY)
INVOCATION: Reverend Fritz Stegeman
Open Door Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item IV-E-1-
CERTIFICATION OF
EXECUTIVE SESSION ITEM 34327
Upon motion by Councilman Heischober, seconded by Counci Iman Jones, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACC6RDANCE WITH THE MOTION TO
RECESS.
Only publlc business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed In Executive Session to which this
certification resolution applies;
AND,
only such public business matters as were
Identified In the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
4h,
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34325,
Page No. 7 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.
uth Hodgs Sith, CMC@AAE
City Clerk April 23, 1991
- 10 -
Item IV-F.l.
MINUTES ITEM # 34328
Upon motion by Counci Iman Clyburn, seconded by Counci lman Baum, City Counci I
APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 9, 1991.
ITEM 0 34320, Page 51, APPOINTMENTS to the VIRGINIA
MUNICIPAL LEAGUE POLICY COMMITTEES FOR 1991, shal I
be deleted from APPROVAL. City Council shall
consider whether the City shall remain in the
VIRGINIA MUNICIPAL LEAGUE during the ADOPTION of
the FY 1991-1992 OPERATING BUDGET.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
Item IV-G.l.
ITFM # 34329
VIRGINIA FORESTRY POSTER AWARDEES
Vice Mayor Fentress recognized the VIRGINIA F'ORESTRY POSTER AWARDEES 1139th
ANNUAL KEEP VIRGINIA GREEN POSTER CONTEST" and presented each with pewter cups
bearing the City Seal. Both are students of Virginia Beach Vocational Technical
Center.
FIRST PLACE
Jason Olsson
SECOND PLACE
Omar Quiambao
Councilman Baum recognized Jean Judith Doyle, Teacher of Advertising Design at
the Virginia Votechnical Center. Councilman Baum expressed his appreciation to
the students and advised Vo-Tech's Advertising Design students have placed in
the top four winning categories continuously for 17 years. Of the 40,872
statewide poster entries, twenty-three of Mrs. Doyle's students were recognized
for their hard work. Two took the top honors.
Mrs. Doyle advised the Principal, William G. Moosha, was in attendance and
introduced Paul F. Revell, County Forester, Virginia Department of Forestry.
Mr. Revell advised the Forest Stewardship is a program, which will be
instituted in Virginia Beach and the rest of the State of Virginia. This is
sponsored by the Departments of Forestry, Game and Inland Fisheries,
Conservation and Recreation, the State Water Control Board and Virginia Tech.
Forest Stewardship is sponsored at the Federal level by the Soil Conservation
Service of the U.S. Department of Agricultural. Forest Stewardship will
recognize the forest landowner's commitment to multiple use forestry.
Stewardship management of private lands will have a positive influence on
national environmental concerns; global warming, protecting endangered species,
loss of fish and wildlife habitat, wetlands management, biological diversity,
water and air quality, outdoor recreation opportunities and future timber
supply. The City is fortunate to have Councilman Baum, one of the few good
practitioners of Forest Stewardship. Councilman Baum has been a model for the
citizens of Virginia Beach, having won in consecutive years the State Forestry
Award from the Association of Soil and Water Conservation Districts. Most
recently, the American Tree Farm System recognized Councilman Baum for his
sound forest management practices on his property in Blackwater.
- 12 -
Item IV-H.1
FORESTRY ANNUAL REPORT ITEM # 34330
Paul F. Revell, County Forester of the Virginia Department of Forestry, advised
William L. Pierce, Regional Forester, was unable to attend. The 1990 ANNUAL
REPORT OF FORESTRY ACTIVITIES was distributed to City Council and is hereby
made a part of the record.
At the end of 1990, there were 41,837 acres of Commercial Forest in the City of
Virginia Beach.
Number Acres
FOREST FIRE DATA:
Forest Fires Burned 2 1
No. Forest on which suppression costs collected I
No. Fire Law violations in court 0
FOREST LANDOWNERS ASSISTED
Forest Management Plans 3 4,412
Other examination and Landowner Assists 42 664
- @076
Total Landowners Assisted 45
FOREST MANAGEMENT ACCOMPLISHMENTS
Landowners ordering seedlings 17
No. Seedlings planted 28,850
No. Tracts planted or seeded and acreage 4 11
Natural Regeneration 1 40
Total Reforestation 5 51
No. Tracts and acreage site prepared (prescribed burned)
No. Tracts and acreage site prepared (other)
Total Site Preparation
Pine Stands Thinned
BEST MANAGEMENT PRACTICES Lin. Ft.
Log Road Layout I 1,000
Stabilization (roads, decks, fire lines)
Buffer Strips (streamside, wildlife, etc.)
Other Bmps 6
INF'ORMATION AND EDUCATION
Article to News Media 1
Talks (schools, clubs, fire, field trips) 27
Exhibits, Parades 12
- 13 -
Item IV-I.l.
PUBLIC HEARING ITEM # 34331
Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING:
FRANCHISE: COX CABLE OF HAMPTON ROADS
The following registered to speak:
Alice Mullen, President - Virginia Beach Cable TV, 615 High Point Avenue,
Phone: 428-2805, spoke in favor of the renewal of Cox Cable Franchise and
also encouragement of competition. Said statement is hereby made a part of
the record.
Lou Pace, 1908 Hunts Neck Court, Phone: 469-0925. Mr. Pace also spoke in favor
of encouraging competition
There being no further speakers, Vice Mayor Fentress CLOSED the PUBLIC HEARING.
- 14 -
Item IV-J.l.a.
ORDINANCES ITEM # 34332
The following registered to speak:
Paul West, 1333 Gannett Run, Phone: 459-3400, Director of the Eastern Surfing
Association, spoke in support of the surfing ordinance.
Cam Anderson, 218 83rd Street, Phone: 425-6198, represented Virginia Beach
Junior High School and spoke in support of the surfing ordinance.
Tysha Theurer, 2412 Holly Road, Phone: 428-3154, Co-Director of the Eastern
Surfing Association, spoke in support of the surfing ordinance.
Cecil Meyers, spoke for Lori Todd of 5804 Holly Road, Phone: 425-5227. Mr.
Meyers spoke in support of the surfing ordinance. Mr. Meyers is active in the
Eastern Surfing Association.
Bill Frierson, 809 Kerry Lane, Phone: 422-8823, co-owner of Wave Riding
Vehicles spoke in support of the surfing ordinance.
Linwood Branch, 968 Oriole Drive, South, Phone: 428-8015, President of
Hotel/Motel Association, endorsed the concept of uniform times and dates for
Ordinances affecting the resort area. The Hotel/Motel Association would
recommend specific park-like areas set aside for the skateboarders.
Barbara Messner, 509 24th Street, Apartment 2, Phone: 422-1902, spoke in
support of rollerskating year 'round on the boardwalk.
Timothy Barrow, 1928 Thunderbird Drive, Phone: 427-2900, Chairman of the Resort
Area Advisory Commission. The RAAC supports proposed changes to the Beach
ordinances. The RAAC requested the current prohibition on skateboarding be
extended to all side streets of Pacific Avenue.
Albert Jensen, 654 South Atlantic Avenue, Phone: 422-5485/428-6801, President
of the Croatan Civic League which represents Croatan and Harbor Point. The
Civic League is in OPPOSITION to the dates proposed. The Civic League
requested the period be from May Fifteenth through September Thirtieth with
the times being from 10:00 A.M. to 5:00 P.M.
Robert Bostic, 1836 Eden Way, Phone: 496-3374, spoke in support of
rollerskating and rollerblading on the boardwalk.
Lou Pace, 1908 Hunts Neck Court, Phone- 468-0925, spoke in support of the
ordinances.
Karen Bostic, 1836 Eden Way, Phone: 496-3374, spoke in support of
rollerskating and rollerblading on the boardwalk.
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-116 re
surfing generally of the Code of the City of
Virginia Beach, Virginia:
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-116 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINLA, PERTAINING TO
5 BEACHES, BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-116 of the Code of the City of Virginia Beach, Virginia, is hereby
9 amended and reordained to read as follows:
10 Section 6-116. Surfing generally.
11 (a) it shall be ui4lawful for any per-son to SuFf - --- d, vathout an
T
12 ;ittp.c;becl le;isb or teth@r., &om Ale;norial Day to city in thc littoral
13 4.A.,;-iter-g (4i the -A-tl- --,:- , ---:tted
14 (a) It shall be unlawful for aU person to surf or to use a surfboard at apy time
15 in the littoral waters of the Atlantic Ocean, without a leash or tether joinin fer and
16 board.
17 (b) It shall be unlawful for anv Derson to surf or to use a surfboard ftom
18 Memorial Day Weekend to Labor Day Weekend, in the ciiy in the littoral waters of the
19 Atlantic Ocean, excel2t as 12ermitted herein:
20 (1) At the city recreation park, Little Island, at places and times as designated by the
21 director of parks and recreation.
22 (2) South of Little Island Park to the state line, between sunrise and sunset, subject to
23 restrictions that may be imposed by the United States in the area owned by it.
24 (3) In the atea between the souther-D boundary of the United States Naval
25 Reservation, Dam Neck, and the northern line of Little Island Park, between tbe
26 hours of sunrise and sunset; except that, between Memorial Day Weekend and
27 Labor Day eekend, surfing is not permitted between the hours of 10:00 a.m.
28 and 4:00 p.m. weekdas and 10:00 a.m. and 6:00 12.m. weekends and holidus.
29 (4) In the areas north of the northern line of Camp Pendleton to the southern
30 boundary of 42nd Street, between the hours of sunrise and sunset; except that,
31 between th@ per-iod A4ay fif4ganth. Memorial DU Weekend through Septe@er
32 thirtieth labor Dgy Weekend, surfing is not permitted between the hours of 10:00
33 a.m. and 5WO 4:00 p.m. weekdltys aDd 10,00 a.m. and 6:00 12.m. weekends and
34 holidus. Surfing is permitted in the area three hundred (300) feet north of the
35 center line of 3rd Street prolongated eastward extending one hundred (100) feet
36 north of the center line of 5th Street prolongated eastward and in the area eight
37 hundred (800) feet south of the southern jetty of Rudee Inlet and in the area five
38 hundred (500) feet north of the northern jetty of Rudee Inlet between sunrise and
39 sunset.
40 (5) In the areas from the southern boundary line of 42nd Street north to the southem
41 boundary line of Fort Story between the hours of sunrise and sunset; except that
42 surfing is not permitted between Memorial Day Weekend through Labor Day
43 Weekend between the hours of 10:00 a.m. and 5WO 4:00 p.m. weekdus and 10:00
44 a.m. and 6:00 12.m. weekends and holid4ys.
45 (6) In such posted surfing areas, not to exceed five hundred (500) feet, as the city
46 manager may from time to time set aside for periods not to exceed forty-five (45)
47 days. The city manager shall file his reasons for establishing such areas, within
48 twenty-four (24) hours of such posting, with the city clerk.
49 W For purl2oses of this section, Memorial DU Weekend shall be deemed to
50 commence 6:00 12.m. the FridLay before Memorial DLay and Labor Dgy Weekend shall be
51 deemed to end at 6:00 12.m. Labor DU.
52 @(M Surfing is prohibited at all times, except as provided in subsection (a)(6)
53 above, within three hundred (300) feet north and three hundred (300) feet south of the
54 Wooden Fishing Pier located between 14th Street and 15th Street, as well as the area
55 between the north and south jetties of Rudee Inlet.
56 @Le) Any person who violates the provisions of this section shall be guilt-Y of a
57 Class 4 misdemeanor.
58 Adopted by the Council of the City of Virginia Beach, Virginia on the 23 day
59 of April 1991.
60 CA-4201
61 \ordin\proposed\06-116.pro
62 R-7
2
1 5
Item IV-J.l.b.
ORDINANCES ITEM # 34333
A Motion was made by Counci Iman Lanteigne, seconded by Councilman Brazier, to
ADOPT, AS REVISED an Ordinance to AMEND and REORDAIN Section 6-5 re pets on
beach of the Code of the City of Virginia Beach, Virginia. (The times had been
transposed - the hours shall be 4:00 p.m- and 10:00 a.m. the following day.)
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Jones,
City Council ADOPTED, as AMENDED:
Ordinance to A14END and REORDAIN Section 6-5 re pets
on beach of the Code of the City of Virginia Beach,
Virginia.
*The hours shall be from 6:00 p.m. and 10:00 a.m.
the following day.
Voting: 6-3
Council Members Voting Aye:
James W. Brazier, Jr., Vice Mayor Robert E. Fentress,
Harold Heischober, Louis R. Jones, Reba S. McClanan
and William D. Sessoms, Jr.
Council Members Votlng Nay:
John A. Baum, Robert W. Clyburn and Paul J. Lanteigne
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
Councilwoman Parker ABSTAINED as she did not agree with either time change and
preferred the times remain as on the original ordinance.
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-5 OF THE
3 CODE OF THE CrrY OF VIRGINIA
4 BEACH, VIRGINLA, PERTAINING TO
5 BEACHES, BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-5 of the Code of the City of Virginia Beach, Virginia, is hereby
9 amended aild reordained to read as follows:
10 Section 6-5. Pets on beach.
11 (a) It shall be unlawful for any person who owns or has control of any pet to
12 permit such pet to be on the public sand beaches, the boardwalk or the grassy area west
13 of the boardwalk to the property liries from Rudee Inlet on the south to 42nd Street on
14 the north during the period from May fif4eenth 6:00 p.m. on the FridU before Memorial
15 D@a through Septembc; thirtieth 6:00 p.m. Labor Day of each year, such period
16 hereinafter referred to as the "season."
17 (b) It shall be unlawful for any person who owns or has control of any pet to
18 permit such pet to be on any other public sand beaches within the city during the season;
19 provided, however, that such pet may be permitted on said beaches in the custody of or
20 under the control of a responsible person during the season between the hours of
21 p m and 9900 a m. the follomdng day 6:00 p.m and 10:00 a.m. the foll da .
22 (c) In accordance with the provisions of Section 51.5-44 of the Code of Virginia,
23 the provisions of subsections (a) and (b) of this section shall not be applicable to a guide
24 dog, hearing dog or service dog trained to accompany a person with a disability when
25 being accompanied by such person.
26 (d) Any person who owns or has control of any pet shall not knowingly or willfully
27 permit such pet to litter any public sand beaches within the city or to litter the boardwalk
28 or the grassy area west of the boardwalk to the property lines from Rudee Inlet on the
29 south to 42nd Street on the north, at any time during the season or at any other time.
30 In the event such pet shall defecate on the public sand beaches within the city, or on the
31 boardwalk or the grassy area west of the boardwalk to the property lines from Rudee
32 Inlet on the south to 42nd Street on the north at any time, the person who owns or has
33 control of such pet shall immediately remove all feces deposited thereon by such pet and
34 dispose of same in a sanitary manner approved by the department of public health, such
35 as by encasing same in an airtight wrapper or container and placing same in a garbage
36 receptacle. Failure to so remove said feces in accordance with the provisions of this
37 subsection shall constitute a Class 1 misdemeanor.
38 (e) Notwithstanding the above, it shall be unlawful for any person who owns or has
39 control of any pet to permit such pet to be oD any public sand beaches within the city,
40 at any time, unless such person shall have in his possession a colitainer of sufficient size
41 and adequate design to remove and dispose of all feces deposited thereon by such pet,
42 in accordance with the provisions of subsection (d).
43 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
44 of April, 1991.
45 CA-4197
46 \ordin\proposed\06-005.pro
47 R-5
2
- 16 -
Item IV-J-1-c-
ORDINANCES ITEM # 34334
Upon motion by Counci lman Lanteigne, seconded by Councilman Sessoms, City
Council ADOPTED:
ordinance to AMEND and REORDAIN Section 6-3 of the
Code of the City of Virginia Beach, Virginia, re
playing ball, using frisbee, et cetera, on beach.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-3 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINL4, PERTAINING TO
5 BEACHES, BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-3 of the Code of the City of Virginia Beach, Virginia, is hereby
9 amended and reordained to read as follows:
10 Section 6-3. Playing ball, using frisbee, etc., on beach.
11 (a) It shall be unlawful for any person to engage in ball playing or the use of a
12 frisbee or any activity of like kind which may endanger the safety of others on the sand
13 beach, the boardwalk and the grassy area west of the boardwalk to the property lines
14 from Camp Pendleton on the south to 42nd Street on the north from 10,00 a.m. to 4:00
15 12.m. weekdltys and 10:00 a.m. to 6:00 p.m. weekends and holidas from
16 to September- thirtieth Memorial Dqy Weekend throujzh Labor DU Weekend of each
17 year. For the sand beach area between Camp Pendleton and Rudee Inlet, known as
18 Croatan Beach, this section shall apply only on weekends and holidays 10,00 a.m. to 6:00
191, @m. and shall not apply to the areas on Croatan Beach as referenced in paragraph (b)
20 below.
21 For 12url2oses of this section, Memorial Dgy Weekend shall be deemed to
22 commence at 6:00 12.m. the FridU before Memorial DU and Labor Dgy Weekend shall
23 be 6:00 p.m. Labor Da .
24 The city manager or his designee is authorized to designate areas within the
25 sand beach of Croatan Beach where activities such as playing ball or using a frisbee or
26 any activity of like kind may be allowed. Such areas shall be designated with appropriate
27 markers.
ch, Virginia on the 23 day
28 Adopted by the Council of the City of Virginia Bea
29 of - 1991.
30 CA-4163
31 \ordin\proposed\06-003-pro
32 R-5
2
1 7
Item IV-J.l.d-
ORDINANCES ITEM # 34335
Upon motion by Counci Iman Lanteigne, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-114 of
the Code of the City of Virginia Beach, Virginia,
re restrictions on launching, landing, parking or
stationing recreational vessels In certain areas.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECRION 6-114 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 BEACHES, BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-114 of the Code of the City of Virginia Beach, Virginia, is hereby
9 amended and reordained to read as follows:
10 Section 6-114. Restrictions on launching, landing, parking or stationing recreational
1 1 vessels in certain areas.
12 (a) It shall be unlawful for any person to launch or land a sailboat, motor boat,
13 canoe, rowboat, flatboat, kayak, umiak, scull or any other similar recreational vessel on the
14 beach area north of Rudee Inlet to the center line of 42nd Street prolongated eastward,
15 between @ fif4eenth Memorial Dgy Weekend and September 4hir-tieffi Labor Dgy
16 Weekend between the hours of 10:00 a.m. and @ 4:00 p.m. weekdgys and 10:00 a.m.
17 and 6:00 p.m. weekends and holidays. For purposes of this section, Memorial Day
18 Weekend shall be deemed to commence at 6:00 12.m. the Friday before Memorial Dgy and
19 Ubor Day Weekend shall be deemed to end at 6:00 12.m. Labor Day.
20 (b) It shall be unlawful for any person to park or station a sailboat, motor boat,
21 canoe, rowboat, flatboat, kayak, umiak, scull or other similar recreational vessel on the
22 beach area north of Rudee Inlet to the center line of 42nd Street prolongated eastward,
23 with the following exceptions:
24 (1) In an emergency;
25 (2) With an approved race or regatta permit; or
26 (3) In the process of launching or landing a vessel specified above in the areas and
27 during the time periods permitted in subsection (a) of this section.
28 (c) It shall be unlawful for any person to launch, land, park or station a motor
29 boat on the beach between the area north of the center line of 42nd Street prolongated
30 eastward and the southern boundary line of Fort Story, except in an emergency or with
31 an approved race or regatta permit.
32 (d) It shall be unlawful for any person to launch, land, park or station a sailboat
33 on the beach between the area north of the center line of 42nd Street prolongated
34 eastward and the southern boundary line of Fort Story without a permit from the city
35 manager, Vith the following exceptions:
36 (1) In an emergency; or
37 (2) With an approved race or regatta permit.
38 (e) Permits will be issued by the City manager for sailboats to be launched, landed,
39 parked or stationed on the beach between the area north of the center line of 42nd Street
40 prolongated eastward and the southern boundary line of Fort Story under the following
41 conditions:
42 (1) The permit to be issued on a first come first serve basis subject to subsections (i)
43 and 0) of this section.
44 (2) The city manager shall limit the number of permits to four (4) sailboats per block
45 between the area north of the center line of 42nd Street prolongated eastward and
46 the center line of 57th Street prolongated eastward; seven (7) sailboats per block
47 between the area riorth of the center line of 57th Street prolongated eastward and
48 the center line of 77th Street prolongated eastward, and twelve (12) sailboats per
49 block between the area north of the center line of 77th Street prolongated eastward
50 to the southern boundary line of Fort Story.
51 (3) A sailboat having a valid permit under this subsection may be launched, landed,
52 parked or stationed on the beach area in front of any block between 42nd Street
53 and Fort Story as long as the maximum number, as set forth in (2) above is not
54 exceeded. If the maximum number as set forth in (2) above is exceeded, then the
55 sailboat that does not have a permit for that particular block shall be in violation
56 of this section.
57 (4) Permits are valid only for the month of March through the month of October for
58 the year in which the permit was issued.
2
59 (5) Permits must be renewed annually.
60 (6) The annual permit fee shall be tbirty dollars ($30.00) for residents of the city and
61 ninety dollars ($90-00) for nonresidents. The city manager is authorized to establish
62 dates of issuance for such permits for residents and nonresidents.
63 (7) There shall be no parking or stationing of sailboats on the sand dunes or in front
64 of access points or street ends.
65 (8) No anchors shall be driven in the beach to secure sailboats, unless approved by the
66 director of the department of public works as to type, size and location.
67 (9) No sailboats shall be secured to lawful fixtures or structures on the beach.
68 (10) The permits shall be placed on the outside port (left) bow of the sailboat.
69 (1 1) Permits are nontransferable.
70 (f) It shall be unlawful for any person to launch or land any sailboat, motor boat,
71 personal water craft or any other recreational vessel on the beaches extending south of
72 Fleet Combat Training Center Dam Neck to the southern boundary of Little Island Park
73 during the season from 6:00 p.m. on the Fridgy before Memorial Da
74 Weekend through Septemb 6:00 12.m. on the a Labor Day
75 Weekend, between the hours of 10:00 a.m. and 5= 4:00 p.m. weekdays and 10:00 a.m.
76 and 6:00 i).m. weekends and holida s, except as hereafter provided:
77 (1) Water craft may be launched or landed in ari emergency or for law enforcement
78 purposes.
79 (2) Water craft may be launched and landed at any time from the beach commencing
80 at the southern boundary of Little Island Park, extending four hundred (400) feet
81 north.
82 (3) Commercial fishing boats operating from the beaches by permission of the Virginia
83 Division of Parks and Recreation shall be exempt from the restrictions of this
84 article.
85 (g) Any police officer of the City of Virginia Beach is hereby authorized to remove
86 and impound or have removed and impounded any vessel which appears to be in violation
87 of this section of which is lost, stolen, abandoned or unclaimed. In addition to the fine
3
88 imposed for a violation of this section, such vessel shall be removed and impounded at the
89 owner's expense until lawfully claimed or disposed of.
90 (h) Any person who shall violate any of the provisions of this section shall be guilty
91 of a Class 4 misdemeanor.
92 (i) if any person holding a permit under this section has three (3) or more
93 convictions, or findings of not innocent in the case of a juvenile, of violating this section
94 or section 6-115 within the permit period, the city manager shall revoke that person's
95 permit. That person shall not be eligible for another permit for the same permit period.
96 0) Any person who has six (6) or more convictions, or findings of not innocent in
97 the case of a juvenile, of violating this section or section 6-115 within any two (2) year
98 period shall not be issued a permit by the city manager under this section for the next two
99 (2) years.
100 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
101 of April, 1991.
102 CA-4200
103 \ordin\proposed\06-114.pro
104 R-4
4
- 18 -
Item IV-J.l.e.
ORDINANCES ITEM # 34336
Upon motion by Counci Iman Lanteigne, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-30 of
the Code of the City of Virginia Beach, Virginia,
re fishing from sand beaches of Vlrginta Beach
Borough.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan and William D. Sessoms,
Jr.
Council Members Voting Nay:
Vice Mayor Robert E. Fentress and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-30 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINLA, PERTAINING TO
5 BEACHES, BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-30 of the Code of the City of Virginia Beach, Virginia, is hereby
9 amended and reordained to read as follows:
10 Section 6-30. Fishing from sand beaches of Virginia Beach Borough.
11 It shall be unlawful to fish from the sand beaches south of 42nd Street in the
12 borough of Virginia Beach between the hours of 10:00 a.m. and @ 4.00 p.m. weekdus
13 and 10:00 a.m. and 6100 D.M. W from Memorial Day Weekend
14 through Labor Day Weekend.
15 For 12urposes of this section, Weekend shall be deemed to
16 commence at 6:01 before Memorial DLty and Labor Dgy Weekend shall
17 be deemed to end at 6:00 12.m. Labor DU.
23
18 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day
t9 of April 1991.
20 CA-4199
21 \ordin\proposed\06-030.pro
22 R-4
- 19 -
Item IV-J.I.f.
ORDINANCES ITEM # 34337
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council ADOPTED, AS REVISED:
Ordinance to AMEND and REORDAIN Section 6-10 of
the Code of the City of Virginia Beach, Virginia,
re use of roller skates, skateboards, et cetera, on
boardwalk or grassy area, bicycle path, oceanfront
parks and plazas, public restrooms and sidewalks
adjacent thereto.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Paul J. Lanteigne, Reba S. McClanan and
William D. Sessoms, Jr.
Council Members Voting Nay:
Robert W. Clyburn, Harold Heischober, Louis R. Jones
and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-10 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 BEACHES, BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-10 of the Code of the City of Virginia Beach, Virginia, is hereby
9 amended and reordained to read as follows:
10 Section 6-10. Use of roller skates, skateboards, etc., on boardwalk or grassy area, bicycle
11 path, oceanfront parks and plazas, public restrooms, and sidewalks adjacent
12 thereto.
13 It sh.21.1 be ii
14
15 adjac@nt ther-otg,
16 I?acific -4@,eni3e f;om Riidee Inlet tc) 42pd Or simil2f
17 dvilicas on IA,beels or ri3nners Thir,
18 fnr tho tra"spgrtation
19 st;ollers, or rel2t@d m iA.fQ.B,tgr
20 Ua It shall be unlawful for anv vt blades,
21 skateboards, tms or similar devices on wbeels or runners on the lirassy
22 th n the biacle 12ath, oceanfront 12arks and plazas, 12ublic restrooms, and
23 sidewalks adjacent thereto at aw time.
24 It shall be unlawful for any 12erson to use roller skates, roller blades,
25 sk
26 of Pacific Avenue from Rudee Inlet the Fridgy before
27 Memorial Dav Weekend to 6:00 r).m. Labor Dav.
28 W It shall be unlawful for aliy person to use skateboards, tgys or similar
29 devices on wheels or runners on the boardwalk at aa time-, 12rovided, however, that roller
30 skates and roller blades ma be used on the boardwalk in compliance vath su section d
31 herein.
32 (o It shall be unlawful for au 12 blades,
33 skateboards, tpys or
34 recklessl or at a speed f 12
y aster than is reasonabl ro er
35 with 12edestrians or to end )f the rider other
36 12erson.
37 W The provisions of this section shall riot be al?12licable to the use of
38 wheelchairs for the transportation of disabled 12ersons or the use of b rria es
39 strollers or related modes of trans tation for infants.
23
40 Adopted by the Council of the City of Virginia Beach, Virginia on the - day
41 of 1991.
42 CA-4194
43 \ordin\proposed\06-01OX-pro
44 R-5
2
- 20 -
Item IV-J-2-
ORDINANCES ITEM # 34338
Upon motlon by Councilman Heischober, seconded by Councilman Baum, City Council
ADOPTED:
ordinance to AMEND and REORDAIN Chapter 38 of the
Code of the City of Virginia Beach, Virginia, by
ADDING Section 8 re transporting a loaded rifle or
shotgun.
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, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
AS TC)
AN ORDINANCE TO AMEND AND
1 REORDAIN CHAPTER 38 OF THE CODE
2 E C ATTO
3 OF THE CITY OF VIRGINIA B ACH,
4 VIRGINIA, BY ADDING SECTION 8,
5 PERTAINING TO TRANSPORTING A
6 LOADED RIFLE OR SHOTGUN.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Chapter 38 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained by adding section 8 to
11 read as follows:
12 Section 38-8 TransiDortina a loaded.rifle or shotgun,
13 (a) No person s )r carry a loaded
14 shotgun or loaded rifle in any vehicle on anv Dublic street, road
15 or hicrhwav.
16 (b) The provisions of this section shall not applv to duly
17 authorized law enforcement officers or military Personnel in the
18 performance of their lawful duties. nor to any person who
19 r ieves that a loaded rifle or shotgun is necess@
20 for his ]2ersonal safety in the course of his employment or
21 business.
22 (c) Violation of this section shall be punishable pa.a fine
23 of not more than $100.
24 This ordinance shall become effective May 1, 1991.
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia on the 23 day of April 1991.
27 CA-4157
28 \ordin\proposed\38-8.pro
29 R-3
- 21 -
Item IV-K.I.
RESOLUTIONS ITEM # 34339
Letter from W. F. Patterson, Jr., District Manager - Virginia Beach East
District - Virginia Power, dated April 22, 1991, requesting DEFERRAL until the
May Seventh Council Meeting, is hereby made a part of the record.
Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council
DEFERRED until the City Council Session of May 7, 1991:
Resolution requesting the State Corporation
Commission impose conditions of approval on
Virginia Power's application for authority to
construct an electrical transmission line and
substation on Jarvis Road west of Princess Anne
Road.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 22 -
Item IV-K.2.
RESOLUTIONS ITEM 34340
Timothy E. Barrow, Chairman - Resort Area Advisory Commission, 1928 Thunderbird
Drive, Phone: 427-2900, expressed concern relative the Implementation of the
concept for the summer season. A plan for handling Increased traffic on
Pacific Avenue needs to be put In place and the public and buslness community
needs to be fully Informed. Letter from Timothy E. Barrow, dated April 23,
1991, is hereby made a part of the record.
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council DEFERRED INDEFINITELY:
Resolution authorizing the City Manager to proceed
with installation of temporary pavement markings
along Atlantic Avenue from Fifth Street to Forty-
second Street to provide one lane In each direction
with a reversible center left turning lane and an
exclusive trolley/emergency vehicle lane.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 23 -
Item IV-K.3.
RESOLUTIONS ITEM # 34341
The following registered in support of the Resolution:
Linwood Branch, 968 South Oriole Drive, Phone: 428-8015, represented the
Virginia Beach Hotel/Motel Association
Henry Richardson, 2702 Atlantic Avenue, Phone: 428-2203, represented the
Roadway Inn
Timothy E. Barrow, Chairman - Resort Area Advisory Commission, 1928 Thunderbird
Drive, Phone: 427-2900,
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council ADOPTED:
Resolution authorizing the City Manager to proceed
with plans and documents necessary to implement the
cross section for Atlantic Avenue within the
St eetscape Project from Twenty-fifth Street to
Fo@ty-second Street. (ALTERNATIVE 1)
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf
1 A RESOLUTION TO PROVIDE DIRECTION TO THE
2 CITY MANAGER TO PROCEED WITH PLANS AND
3 DOCUMENTS NECESSARY TO IMPLEMENT THE CROSS
4 SECTION FOR ATLANTIC AVENUE WITHIN THE
5 STREETSCAPE PROJECF FROM 25TH STREET TO 42ND
6 STREET
7 WHEREAS, members of the Joint Circulation Committee of the Resort
8 Area Advisory Commission and members of the Virginia Beach Hotel/Motel Association
9 have reached a major consensus commitment to provide a three lane cross section for
10 Atlantic Avenue north of 25th Street; and,
11 @EREAS, ari approved Capital Improvement Program has the necessary
12 available funds to provide for the continuing design of the Resort Streetscapes
13 Improvements Project (C.I.P. #2-049) for the area along Atlantic Avenue north of 25th
14 Street.
15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
16 CITY OF VIRGINIA BEACH, VIRGINIA:
17 That the City Council of the City of Virginia Beach authorizes the City
18 Manager to proceed with the design of Atlantic Avenue from 25th Street to 42nd Street
19 to provide a three lane cross section consisting of three 11' wide lanes with one lane in
20 each direction and a reversible left center tuming lane to be accomplished as part of the
21 Resort Streetscapes linprovements Project (C.I.P. #2-049).
22 Adopted by the Council of the City of Virginia Beach, Virginia, on this
23 23 day of 1991.
24 CA-4211
25 XSECTION.RES
26 R-1
- 24 -
Item IV-K.4.
RESOLUTIONS ITEM # 34342
Larry Herz, 1 868 Pr i ncess Anne Road, Phone: 426-6827, represented the Hol I day
Travel Park Campground and Its parking lot at the Intersection of Norfolk and
Pacific Avenues. This lot Is at the northern end of the Pacific Avenue Road
Improvement Project. Mr. Herz recommended the City approve their concept of
maximizing parking and minimizing any adverse effect at either the Campground
or the City. Said plan is hereby made a part of the record. Mr. Herz requested
fair compensation for loss ot land plus damages that will be incurred by the
campground.
Robin L. Barefield, 270 Oceanshore Avenue, Phone: 481-1974. Mr. Barefield
prepared the proposed Holiday Travel Park concept, which Is very similar to
the design of the City Staff.
K. E. Lantz, Jr., Urban Programs Engineer, Virginia Department of
Transportation, advised the purpose of the screens was to provide some safety
and protection for bicyclists. A bike path Is proposed to go over the bridge.
The proposed elevation of thirty-five feet for the new bridge will provide a
vertical clearance identical to the Lesner Bridge at Lynnhaven Inlet. To go to
a forty-five foot high, access might not be able to be maintained. An
elevation of forty-five feet might also entail additional expenditures.
Upon motion by Councilman Jones, seconded by Councilman Baum, City Council
ADOPTED:
Resolution approving the location and major design
features of Rudee Inlet Bridge (CIP 2-903); and,
authorizing the City Manager to execute all
necessary railroad and utility agreements required
In conjunction with acquiring such rights-of-way.
VDOT and the City Staff will examine the concept of the Holiday Travel Park.
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.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
LOCATION AND DESIGN
PUBLIC HEARING APPROVAL
RESOLUTION
WHEREAS, a Location and Design Public Hearing was conducted on
November 8, 1990, in the City of Virginia Beach by representatives
of the Commonwealth of Virginia, Department of Transportation,
after due and proper notice for the purpose of considering the
proposed location and design of the Pacific Avenue bridge and
approaches over Rudee Inlet, Project UOOO-134-119, PE101, RW201,
C501, B611 in the City of Virginia Beach, at which hearing aerial
photographs, drawings and other pertinent information were made
available for public inspection in accordance with state and
federal requirements; and
WHEREAS, all persons and parties in attendance were afforded
full opportunity to participate in said public hearing; and
WHEREAS, representatives of the City of Virginia Beach were
present and participated in said hearing; and
WHEREAS, the Council had previously requested the Virginia
Department of Transportation to program this project; and
WHEREAS, the council considered all such matters; now
THEREFORE, BE IT RESOLVED, that the Council of the City of
Virginia Beach hereby approves the location and major design
features of the proposed project as presented at the Public Hearing
subject to the following modifications:
1. Provide 35 feet of vertical clearance beneath the new
northbound lanes structure.
2. Provide an entrance on Tenth Street to the property of
Mrs. G. J. Taylor. Include in the plans provisions for
the drainage of her property.
3. Shift the location of Norfolk Avenue to the south so as
to improve its alignment with Ninth Street.
1
BE IT FURTHER RESOLVED that the City Managgr is hereby
authorized to execute, on behalf of the City of Virginia Beach, all
necessary railroad and utility agreements required in conjunction
with acquiring such rights-of-way.
Adopted this 23 day of April 1991
City of Virginia Beach, Virginia
ATTEST:
By
Clerk of Council city Manager
2
SITE
B
P. NO. 2-903
SCALE: 1" = 1600'
- 25 -
Item IV-K.5.
RESOLUTIONS ITEM # 34343
Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Resolution authorizing the City Manager to execute
an agreement with Southeastern Virginia Job
Training Administration re 1991 Job Training
Partnership Act Work Experience Program.
Votlng: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Councli Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH SOUTHEASTERN
VIRGINIA JOB TRAINING ADMINISTRATION FOR
THE 1991 JOB TRAINING PARTNERSHIP ACT
WORK EXPERIENCE PROGRAM
WHEREAS, SVJTA has entered into an agreement with the
State of Virginia for a grant to implement the Job Training
Partnership Act Program, and
WHEREAS, SVJTA has notified the City that the grant to
Virginia Beach will provide six-month employment for economically
disadvantaged citizens in entry level positions with City
Departments, and
WHEREAS, SVJTA will receive and administer the funds and
the City Departments will plan and direct the work activities, and
WHEREAS, there is no direct expenditure of City funds and
no obligation by the City to secure continued unsubsidized
employment for participants in the program after termination of the
program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized to
execute an agreement with SVJTA for the City's participation in the
1991 Job Training Partnership Act Work Experience Program. Said
agreement is attached hereto and the same is hereby approved.
This Resolution shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, on
the 23 day of April 1 1991.
ikp"YED AS TO COts'TENI'S
SlbgATURE
DEPAR'rM'.t,'T
APPROVED AS TO LERAL
D@p"llv
ATTORNFY
AGREEMENT
THIS NON-FINANCIAL AGREEMENT, entered into this first day of
April, 1991, by and between the Southeastern Virginia Job
Training Administration, a consortium of the Cities of
Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia
Beach, and the Counties of Isle of Wight and Southampton,
pursuant to the authority granted by Section 15.1-21 of the Code
of Virginia, 1950, as amended, hereinafter referred as "SVJTA",
having its principal offices at the Circle East Office Building,
Suite 223, 861 Glenrock Road, Norfolk, Virginia 23502 and
the City of Virginia Beach existing under and by
virtue of the laws of the State of Virginia hereinafter referred
to as the "Agent" having its principal office at
Municipal Center to begin by the first day of
April, 1991, and to be completed by the thirty-first day of
December, 1991.
WITNESSETH THAT:
WHEREAS, SVJTA has entered into an Agreement with the State
of Virginia for a grant for the execution and implementation of a
Job Training Partnership Act (JTPA) program; AND
WHEREAS, the elected officials comprising SVJTA and the
officials of the State of Virginia are desirous of providing job
training which will lead to enhanced self-sufficiency; AND
WHEREAS, SVJTA and the "AGENT" desire to provide meaningful
work experience for economically disadvantaged individuals.
NOW THEREFORE, in consideration of the premises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties hereto
agree and understand as follows:
ARTICLE I: AGREEMENT PURPOSE AND DEFINITIONS
100. PURPOSE
It is the purpose of this Agreement to state the covenants and
conditions which SVJTA and the Agent will implement to provide
training and employment services, specifically work experience
opportunities to eligible JTPA participants as described herein,
to be funded under the guidelines of JTPA, and under the
contracting powers of SVJTA.
101. DEFINITIONS
101.1 "Agent" shall mean the participating consortium
member jurisdiction.
101.2 "DOL" shall mean the Department of Labor.
101.3 "Economically disadvantaged" shall mean that income
level as determined by the DOL and the State of
Virginia as being below poverty guidelines as
certified by SVJTA.
101.4 "GETDII shall mean the Governor's Employment and
Training Department of the State of Virginia.
101.5 "Job Site/Worksite" shall mean the physical location
and the Department of the participating Agent to
which the participant is assigned.
101.6 "Job Description/Training Plan" shall mean the form
on which the job description and training plan for
each work experience slot is described.
101.7 "JTPAII shall mean the Job Training Partnership Act
of 1982 as amended.
101.8 "Participant" shall mean a JTPA eligible individual
certified eligible by SVJTA and enrolled in a work
experience slot by the consortium member
jurisdictions.
101.9 "Program" shall mean the activities and services to
be provided by the Agent under this Agreement.
101.10 "SVJTA" shall mean the Southeastern Virginia Job
Training Administration.
101.11 "StaLte" shall mean the Commonwealth of Virginia.
101.12 "Worksite Supervisor" shall mean Agent's personnel
designated by Agent to provide continuous on-site
supervision and direction to participants at Agent's
worksite(s) and who will be responsible for
verifying participants' timesheets.
ARTICLE II: PROGRAM OPERATIONS
200. PROGRAM
The program to be provided shall be a work experience
operation, wherein an individual certified as eligible by SVJTA
and selected for participation by the Agent, is given job duties
to perform under the guidance and leadership of the Agent in
accordance with the JTPA.
201. RESPONSIBILITIES OF AGENT
201.1 The Agent shall plan and direct participant work
activities in accordance with the applicable
Federal and State Labor Laws, rules and
regulations, and other applicable State and local
laws.
201.2 The Agent shall direct participant(s) work
activities in accordance with their job
description(s)/training plan(s), which are hereby
incorporated by reference and made a part of this
Agreement.
201.3 The Agent shall comply with the Job Training
Partnership Act of 1982 as amended and the
regulations promulgated thereunder.
201.4 The Agent shall provide program orientation and
training for their worksite supervisory personnel
directly responsible for the supervision of
participants, as to the Agent's responsibilities
and obligations under this Agreement.
201.5 The Agent shall notify SVJTA immediately of any
temporary and/or ongoing changes in the designation
of personnel who will be supervising participants.
201.6 The Agent shall be accountable for maintaining
SVJTA participant timesheets by keeping accurate
time and attendance records, recording time in
segments of fifteen (15) minutes, assuring and
supervising the proper completion of participant
timesheets consistent with instructions furnished
by SVJTA, certifying their accuracy by signing the
participant timesheet(s) and submitting them to
SVJTA.
201.7 The Agent shall not require participants to work
more than the hours reflected in the Job
Description/Training Plan not to exceed forty (40)
hours per week.
201.8 The Agent shall not knowingly employ or refer for
eligibility certification any individual if a
member of the individual's immediate family is
engaged in an administrative capacity for the Agent
or SVJTA.
a. For the purpose of this section:
(1) The term "employ" means hire, or
place by transfer or any other means
of whatsoever nature.
(2) The term "immediate family" means a
person's spouse and any other
relative, by blood, marriage
(including step-children and
step-parents) or adoption, who
resides in the person's household.
(3) The term "person in an
administrative capacity" means the
members of a public or private
governing board or council, persons
having overall administrative
responsibility, and persons in
subordinate positions thereto having
selection, hiring, placement or
supervisory responsibilities
regarding or over a person to be
employed at the time of, or
subsequent to, employment.
201.9 The Agent warrants that no participant will be
involved in a work experience activity that
contributes or could be expected to contribute to
additional sales or income of the Agent or which
will otherwise result in the subsidization of wages
for the Agent's organization.
201.10 The Agent assures that all sites where participants
will be assigned have the capability and facilities
to provide services to participants in a sanitary
and safe environment.
201.11 The Agent's worksite shall conform to normal
routines and functions befitting a reasonable
business establishment, including, but not limited
to, the provision of safe working conditions,
appropriate supervision on the premises at all
times, and the development of positive work habits.
201.12 The Agent shall assure it will have supervisory
personnel who will act as worksite supervisors for
each of the Agent's worksites so as to provide for
continuous on-site supervision of participants.
201.13 The Agent understands that the program it is
operating is a single site work experience program,
which means that all job sites at which
participants are to be located must be part of the
Agent's organization. Under no circumstances shall
a participant be placed at a site other than the
Agent's worksite.
201.14 The Agent shall iiiaintain according to sound
management procedures, records and files,
containing, but not limited to, timesheets,
attendance records, supervisor assignments, and
personnel changes, relating to the Agent's
operation of the program.
201.15 The Agent shall make original and/or certified
copies of any reports, plans, surveys, information,
documents, maps or other data produced or developed
by the Agent in execution of the project covered by
this Agreement, available to SVJTA, the GETD and/or
the Department of Labor (DOL) at any time upon
reasonable notice for the purpose of program audit,
examination, and review, even though the Agent may
at the time of the request no longer be operating
programs for SVJTA.
201.16 The Agent shall keep copies of all records
pertaining to the operation of this Agreement and
any Amendment hereto for three (3) years following
the expiration of this Agreement. The
aforementioned records will be retained beyond the
three (3) years if any litigation or audit is begun
or if a claim is instituted involving the grant or
agreement covered by the records. In these
instances, the records will be retained until the
litigation, audit or claim has been finally
resolved.
201.17 The Agent shall inform SVJTA staff immediately
should an accident or injury occur at the job site,
affecting or involving a participant, in compliance
with Exhibit A.
201.18 The Agent shall notify SVJTA staff of any problem
concerning a participant's performance at a
worksite.
201.19 The Agent understands and agrees that no qualified
handicapped individual shall, on the basis of
handicap, be excluded from participation in, be
denied the benefits of, or otherwise be subject to
discrimination under this program.
201.20 The Agent understands that JTPA funds shall not be
used in any way to promote or oppose union
activities.
a. No individual shall be required to join a union
as a condition for enrollment in a JTPA program.
b. No participant may be placed into, or remain
working in any position which is affected by
labor disputes involving a work stoppage. if
such a work stoppage occurs, participants in
affected positions must:
1. Be relocated to positions not affected by the
dispute;
2. Be placed on leave;
3. If participants belong to the labor union
involved in a work stoppage, they must be
treated in the same manner as any union
member. Such members must not remain working
in the affected position. The contractor
shall make every effort to relocate
participants who wish to remain working into
suitable positions unaffected by the work
stoppage.
201.21 The Agent agrees to maintain the confidentiality of
any information regarding participants or their
immediate families which may be obtained through
application forms, interviews, tests, reports from
public agencies, counselors or any other source.
202. RESPONSIBILITIES OF SVJTA
202.1 SVJTA shall provide technical assistance with
regard to complying with program requirements.
202.2 SVJTA shall hear all grievances concerning program
participants' performance at the job site.
202.3 SVJTA shall provide Worker's Compensation for all
program participants.
202.4 SVJTA shall be responsible for preparing and
disbursing participant paychecks dependent on
Agent's submission of properly certified
timesheets.
202.5 SVJTA shall evaluate and monitor the Agent's
program, including, but not limited to,
providing written statements as to corrective
actions to be taken on the part of the Agent.
ARTICLE III: GENERAL OBLIGATIONS
300. GENERAL PROVISIONS
300.1 The Agent shall allow SVJTA or any of its agents,
the GETD and the DOL to visit the Agent's
worksites, and monitor, report problems, require
corrective action within specified time periods or
close worksites without prior notice other than a
written notification to be delivered to the Agent
at the time of the closing of the worksites, where
SVJTA, the GETD, or DOL find serious or continual
violations of JTPA, the JTPA regulations or other
federal, state or local laws which violations are
not being remedied, or where SVJTA, GETD, or DOL
find noncompliance with any of the terms or
conditions under this Agreement.
300.2 other than as provided herein, notice shall be
required to be given to SVJTA under this Agreement,
and shall be sufficient when hand delivered or
mailed to SVJTA at its office at the Circle East
Office Building, Suite 223, 861 Glenrock Road,
Norfolk, Virginia 23502.
300.3 All notices required to be given-to the Agent under
this Agreement shall be sufficient when hand
delivered or mailed to the Agent at its office
located at 2396 Court Plaza Drive
Virginia Beach, VA 23456
300.4 Termination
This Agreement may be terminated aLs follows:
a. SVJTA may at its discretion terminate this
Agreement without penalty in the event that JTPA
funds become unavailable to SVJTA for
performance under this Agreement.
b. SVJTA or the Agent may request a termination for
convenience upon fifteen (15) days prior written
notice to the other party.
c. SVJTA may terminate this Agreement at any time
that the SVJTA authorized representative, who
shall be the SVJTA Executive Director determines
that:
1. the Agent has failed to comply with any of
the provisions contained in this Agreement or
any Amendment hereto; or
2. the Agent fails to perform in whole or in
part under this Agreement or fails to take
corrective action after receiving oral or
written requests to do so within an
appropriate time period as may be stipulated
by SVJTA.
300.5 The Agent assures and certifies that:
1. It will comply with Title VI and VII of the
Civil Rights Act of 1964, the Age Discrimination
in Employment Act, the Equal Pay Act, the
Rehabilitation Act and the Age Discrimination
Act in that no person shall be excluded from
participation in, or be denied the benefits of,
any JTPA funded program because of race, color,
sex, national origin, religion, age, handicap,
citizenship, or political affiliation or belief.
2. Conditions of employment or training will be
appropriate and reasonable with regard to the
type of work, the geographical region and the
proficiency of the participant.
3. The program will not result in the displacement
of employed workers, or impair existing
contracts for services or result in the
substitution of Federal funds for other funds in
connection with work that should otherwise be
performed.
4. No funds will be used to train participants to
fill a job opening created by the action of an
employer in laying off or terminating the
employment of any other employee of the employer
in anticipation of filling the vacancy so
created by the hiring of a JTPA trainee.
5. No officer or employee of the Agent shall
solicit cr accept gratuities, favors or anything
I
of monetary value from any actual or potential
subcontractor or from any staff person or
elected official connected with SVJTA.
6. It will comply with the Labor Laws of Virginia
(Code of Virginia of 1950 and 1982 cumulative
supplement) and the Virginia Rules and
Regulations declaring hazardous occupations as
promulgated by the commissioner, Virginia
Department of Labor and Industry (effective date
November 11 1979).
300.6 The SVJTA Work Experience Program Plan attached
hereto shall be incorporated herein and made a
part of this Agreement.
ARTICLE V: COMPENSATION
400. PARTICIPANT WAGES
400.1 SVJTA shall be responsible for the payment of
wages to the participants based upon:
a. the prevailing minimum wage in effect during
the contract period, and
b. the actual time spent in the program
activity as recorded and verified by the
Agent on the timesheets submitted to SVJTA.
ARTICLE V. PROHIBITED ACTIVITIES
500. UNALLOWABLE ACTIVITIES:
500.1 No participants may engage in partisan or
non-partisan political activities during hours
for which that person is paid for with or
receives training supported by JTPA funds and no
participant may engage in any political activity
in which such participant represents himself or
herself as a spokesperson of any JTPA program,
activity or organization. No participant may be
employed in a position involving political
activities in the office of an elected official.
500.2 JTPA funded programs and activities may not be
used to support any religious or anti-religious
activity. Participants may not perform
functions which provide direct religious
education services. Participants shall not be
employed in the construction, operation, or
maintenance of any facility that is used or to
be used for sectarian instruction or as a place
of religious worship.
500.3 Under JTPA Regulations, placement of a JTPA
participant in private-for-profit activities
wherein the activities of the participant can be
expected to profit the Agent or the product of
the participant's work provides a profit to the
Agent is prohibited.
IN WITNESS HEREOF, THE Cit, @f Virginia Beach
(Name ot Organization, Go rni-9 Bdy)
has caused this Agreement to be executed ,d signed in its name by
Aubrey V. Watts, Jr.
(Name ot AUtriorized Signature)
its City Manager
or zed Signature)
and the SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION has caused
this Agreement to be executed and signed in its name by Richard A.
Sciullo, Executive Director, all as of the date and year first
written above.
"PROVED AS TO CONTENT:
(Signature of Agent)
Aubrey V. Watts, Jr.
rector of Personnel
Name and Titl
City Manager
"PROVED AS TO FORM:
SOUTHEASTERN VIRGINIA JOB
TRAINING ADMINISTRATION
By
"PROVED BY POLICY COUNCIL REPRESENTATIVE: xicnarCL A. Sciullo
Executive Director
Hector A. Rivera
- 26 -
Item IV-K-6-
RESOLUTIONS ITEM # 34344
Robin L. Barefield, 270 Oceanshore Avenue, Phone: 481-1974, In favor of
landscaping requirements and requested flexibility be allowed relative
existing trees or landscaping.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution referring to the Planning Commission
proposed Amendment to Section 5A.2 of the Site Plan
Ordinance re parking lots landscape requirements.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Reba S.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
James W. Brazier, Jr., Paul J. Lanteigne and Mayor
Meyera E. Oberndorf
A RESOLUTION REFERRING TO THE
VIRGINIA BEACH PLANNING COMMISSION
FOR REVIEW AND RECOMMENDATION AN
ORDINANCE PERTAINING TO PARKING LOTS
LANDSCAPE REQUIREMENTS
WHEREAS, on June 11, 1990, the Virginia Beach City
Council adopted an ordinance to amend and reordain Section 5A.2 of
the Site Plan Ordinance of the City of Virginia Beach, Virginia,
pertaining to parking lots landscape requirements; and
WHEREAS, there is the need for a minor improvement to
this ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Council refers this ordinance to the
Planning Commission for review and recommendation.
Adopted by the City Council of the City of Virginia
Beach, Virginia, on the 23 day of April , 1991.
I AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 5A. 2 OF TIJE
3 SITE PLAN ORDINANCE OF TliE CITY
4 OF VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO PARKING LOTS
6 LANDSCAPE REQUIREMENTS.
7 BE IT ORDAINED BY TfiE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That section 5A.2 of the Site Plan Ordinance of the City of
10 Virginia Beach, Virginj-a, is hereby amended and reord,i,ed to read
11 as follows:
12 Section 5A.2. Applicability.
13 T-the
14 provisions of this section shall apply to public and private
15 parking lots designed for ten (10) or more spaces and shall
16 include display areas, @MMerG4@ 4-@ g@ parkinq
17 garages, @@@4e dumpsters, trash receptacles, and
18 loading docks that may be viewed from any public right-of-way. AS
19 conc scap uiremgn the _ ovisions o@t@
s
20 e
21
22 rdinance. A "parking lot" shall be defined as any area or
23 structure where motor vehicles are stored for the purpose of
24 temporary, daily, or overiiight off-street parking. A "display
25 area" shall be defined as an area generally considered accessible
26 to the public including auto/truck sales, leasing and rental lots,
27 recreational vehicle sales and rental lots, boat sales lots,
28 manufactured home sales lots, and trailer sales lots. A "loading
29 dock" shall be defined as a platformed space within the building
30 or that protrudes from the building for the standing, loading, or
31 unloading of trucks.
32 (a) Parking lots of ten (10) or more parking spaces shall
33 not be constructed until a landscape plan (see sections 5A.4 and
34 5A.5) of the parking lot has been approved by the administrator of
35 landscape services or his designees.
3 5 (b) Existing parking lots of ten (lo) or more spaces and
36 existing parking lots of less than ten (lo) spaces wh.ose
37 enlargement will increase it to ten (10) or more spaces shall not
38 be enlarged or reconstructed until a landscape plan of the parking
39 lot has been approved by the administrator of landscape services.
40 Landscaping shall be provided in the new parking area in
41 proportion to its enlargemerit or reconstruction, and not in
42 proportion to the total parking area for the site.
43 "Reconstruction" is defined as construction activity involving an
44 existing parking lot requiring a site plan which includes the
45 addition of asphalt or concrete for the purpose of facilitating
46 drainage and the addition of curbing and/or curb and gutter.
47 Patching, resurfacing, and restriping are considered Maintenance
48 activities and not reconstruction. The addition of islands in an
49 existing parking lot for the purpose of landscaping shall not
50 constitute reconstruction.
51 (c) Display areas shall not be constructed until a land,cape
52 plan (see sections 5A.4 and 5A.5) of the display area has been
53 approved by the administrator of landscape services. Display
54 areas shall be clearly indicated on the landscape plan (customer
55 and employee parking spaces should not be included in the
56 indicated area) . Existing display areas shall not be expanded
57 until a landscape plan has been approved by the administrator of
58 landscape services. Landscaping shall be provided in proportion
59 of the expansion, and not in proportion to the entire area for the
60 site.
61 (d)
62
63 G-m ci@ ot be constructed until a
64 foundation landscape plan (see section 5A.6) has been approved by
65 the administrator of I-andscape ' services. Existing commercial
66 buildings shall not be expanded until a foundation landscape plan
67 has been approved by the administrator of landscape services.
68 Landscaping shall be provided in proportion to the building's
2
69 expansion, and not in proportion to the entire building for the
70 site.
71 (e) Parking garages shall not be constructed until either a
72 street frontage landscape plan (see section 5A.5) or foundation
73 landscape plan (see section 5A.6), whichever is applicable, has
74 been approved by the administrator of landscape services.
75 (f) Dumpsters and/or trash receptacles shall not be placed
76 until a landscape plan (see section 5A.7) has been approved by the
77 administrator of landscape services.
78 (9) Loading docks shall not be constructed until a landscape
79 plan (see section 5A.7) has been approved by the administrator of
80 landscape services.
81 Adopted by the Council of the City of Virginia Beach,
82 Virginia on the day of 1991.
83 CA-4160
84 \ordin\proposed\46-005A2.pro
85 R-1
3
- 27 -
Item IV-K.7.
RESOLUTIONS ITEM # 34345
Upon motion by Counci lwoman Parker, seconded by Counci lwoman McClanan, City
Council ADOPTED, AS AMENDED*:
Resolution directing the Planning Commission to
study and recommend to City Counci I re increase In
off-street parking requirements for marinas.
*The verbiage "should be Increased" on Llne 15 and
Line 20 shall be removed.
These words sha I I be rep I aced by the verb I age " i s
adequate".
The Planning Commlssion shall forward its
recommendation to the City Counci I within 90 days
of the date of the adoption of this Resolution.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 Requested by Councilmember Parker:
2 A RESOLUTION DIRECTING THE
3 PLANNING COMMISSION TO STUDY AND
4 GIVE ITS RECOMMENDATION TO THE
5 CITY COUNCIL AS TO WHETHER THE
6 OFF-STREET PARKING REQUIREMENT
7 FOR MARINAS IS ADEQUATE
8 WHEREAS, pursuant to paragraph number 23 of section 203(a) of the City
9 Zoning Ordinance, marinas are required to have at least one (1) parking space per boat
10 slip; and
11 WHEREAS, the City Council is concerned that the current parking space
t2 requirement for marinas may not be sufficient; and
13 WHEREAS, the City Council desires that the Planning Commission examine
14 this matter and make recommendation to the City Council as to whether the parking
15 space requirement for marinas is adequate;
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA:
18 (1) That the Planning Commission is hereby directed to examine and
19 forward its recommendation to the City Council as to whether the off-street parking space
20 requirement for marinas is adequate; and
21 (2) That the Planning Commission shall forward its recommendation to
22 the City Council within ninety (90) days of the date of the adoption of this Resolution.
23 Adopted by the City Council of the City of Virginia Beach on the 23rd day
24 of April, 1991.
25 CA-91-4205
26 \ordin\noncode\marina2.res
27 R-2
- 28 -
Item IV-L.
CONSENT AGENDA ITEM # 34346
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council APPROVED IN ONE 140TION Items 1, 2, 3, 4 and 5 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, Reba S.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 29 -
Item IV-L.1
CONSENT AGENDA ITEM # 34347
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council ADOPTED:
Resolution authorizing the Mayor to execute and
deliver a duplicate $100,000 Vlrginia Beach Sewer
and Revenue Note, bearing 6% annual rate of
Interest, to Edward S. Garcia, 3333 Virginia Beach
Boulevard, Virginia Beach, Virginia. Note Number
R-50 having been misplaced.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 A RESOLUTION TO AUTHORIZE
2 REPLACEMENT OF A LOST NOTE
3 WHEREAS, Mr. Edward S. Garcia of 3333 Virginia Beach
4 Boulevard, Virginia Beach, Virginia has affirmed that he is the
5 sole legal and beneficial owner of City of Virginia Beach, Virginia
6 Sewer and Water Revenue Note numbered R-50, in the amount of
7 $100,000, bearing 6% annual rate of interest, dated December 15,
8 1977, and maturing Dec. 15, 2002;
9 WHEREAS, Mr. Garcia has also affirmed that the said
10 security has been lost;
11 WHEREAS, Mr. Garcia has complied with all legal
12 provisions to effect replacement of said security by providing
13 appropriate affidavits and indemnities; and
14 WHEREAS, the State Council on Local Debt, formerly the
15 State Commission on Local Debt, has issued its approval for
16 issuance of the duplicate note;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
is OF VIRGINIA BEACH, VIRGINIA that the Mayor is authorized to execute
19 and deliver to Mr. Edward S. Garcia of 3333 Virginia Beach
20 Boulevard, Virginia Beach, Virginia a duplicate of the lost note
21 in the amount of one Hundred Thousand Dollars ($100,000).
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the 23 day of April 1991.
CA-4122
RES\NONCODE\CA-4122
R4
APPR90ED AS,;OCONTEIITS
SIGNATURE
VA
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
-CITY ATTORNEY
N 1) l@- Ni N ['Fy BOND
Wii@i i LiNti-r@ i) LIABII,ITY
DIRF@l),'S ON PIGF I
KNOI;',V,L.4fF,-N BY 7yp@F PRI.-SFN7s, 7IL47,
Edward S Garcia
@(i a ffice at 3333 Virginia Beach Blvd., Virginia Beach, VA 23452
@siding or hating 's pn p I o
as Pri@cipal (hmiaftT reiled a@d St. Paul Mercury Insurance Company
a co@ration organi@,d and existi@g und- a@d b-y irtue of !A, laws of - Minnesota -
a@d duly
aufhonzed to transact tle busimeu of t@demnity and sutrr-Tshi@ in the @tate of Virpta and eacl,
, and hating an offi(e and pin(ipal place of busine@ in t'i@nia at 4350 Fair Lakes Ct.
Fairfax, VA 2 2 0 3 3 , as Suety (herrinafter railed "S.",y arr held and fimly bound unto
of Vir
and
SOVRAN" B.6,NK, N. A., a national banking associati,),i, indi,idtiall, and/or as -['rustce, Dcposit.rv, Fiscal, fl@,lir,g or Disbursing
Agenc, Registfar and/or -Fransfer Agenc, and unto anN otlier -1-rustees, Dcpositaries, Fiscal, Paving or Disbursing Agents or Agcncics.
Registrars and/or Transfer Agents no, of hereafter vested , ith an,. p.,, ers or duties k, ith rcspect to thc sccuritv or scct@rities hefcinafter
mcntioned, their rcspcccive legal reprcsciilati%cs, successors and assigns (hcreinaftcr colicctively callcd @Obligccs-), in chc sum of
One 14.ndrpd @@'i nn/InO ------ D,,Ilars ($ 100,000-00 ), 1.@ful monev of thc United States of America
[o be p3id to Obligees, their respccti@e legal rcl)rcsentati,ci, successors or assigns, as intcfese rnav apl)ear; for hicii pavfflen[ wcll
and irulv to be madc Principal 2nd Surct,l bind thernselves. their respccti@c legal reprcscntacivcs, success()rs and assigns, jointiv and
sevcrally, firmiv bv Ehese prcsents.
,@F-41,FD with our seals and extc.ted in 1 eo,@tepa,is as of tAe 18th day Of
/9 90
WHFRL,IS, Principal and Suretv repre etit to the Obli2ces tt at Principal is the u Beacti Sewer and
l@,000.00 dated of
Water Revenue Note No. R-50 in the amount o@' $10
Va Dnd ding on 10/24/77,the second
an 7 , pkir@ he Cit
of al of
wh
called s/ha,e been MiSl3id, IOS[, stolen or
dcstro,ed and cannot bc found or produccd, b,. irttie -f ,hich Ilrincil)al and Surcrv ha,c recluested Obligces to isstic and deli,er
to f'rincil,al or to 1'rincipal's order a ne, (,r duplic@te inSLfL@I]ICII( OF i,isirunicnts (hcreinafter soniceimes called @duplica(e- or "duplicaics-),
or to pay to Principal or credit to Principal's accourit the aniount dt)e on said original or original5 "ithout surrender or prescniation
thcreof for cancellation or siamping or for ativ oilicr purpose: and
"@HF-R@S, on clic faith of the forcgoing rcpresentations and in consideration of this bond of indcmnitv, Obligees liavc complied
or havc agrecd to comply with said rcqucsts;
NOW, THEREFORE, THE CONDLTIONS OF TIIIS 081@IG,4770,,V,4RI-,, tiiat if 1'rincipal and Surctv, the hcirs, lcgal representativcs,
successors or assigns of Principal and Suretv or anv of theni, shall in case ihe original or originals bc found or come into the hands,
cusiod%l or pouer of anv of them, or into the hands, custod% or pocr of any pcrson, deliver or cause the sarne to be delivcred unto
Obligecs in ordcr to be cancellcd, and shall also at all tiriies dcfetid, iiidcninif)- and sa@e harniless Obligccs from and against any and
all claims, actions and suits, @hethcr groundless or othenk ise. and froryi and against anv and all liabilities, losses, daniagcs, costs, chargcs,
counsel fees and other expenses of cverv naturc and character bv rcason of thc original or origina]S 2nd/or the issuance of a duplicatc
or duplicates in lieu thereof or in licu of any i'nstruinciit or instrunients of purported like issuc and amount which bccausc of aitcration,
chai,ge or coun@,crfeir ni.v not be idertif-,.ed as Lr as not the @id milai(J, losi, stolen or destrovcd original or originals, or thc making
of anv pan.ment, credit, transfer, registration, con@crsion, exchangc oi dcli,.,en. in respect of the original or originals ithotit surrendcr
thcreof and/or in respect of duplicate or duplicaics, whelher or not causcd b),, based upon or arising out of the honoring or refusing
to honor the original or originals %hcn prescnted b%. anvone, andfor %, lic[lier or iiot caused bN,, based upon, or arising out of inadvertence,
accident, ovcrsiglit or neglect on the part of Obligees, or aii,@ of clieni, or thcif rcspcctive officers, agents, cicrks or, cfnplovees andlor
omission or failure to inquire into, contest or litigate tlie righi of anN. applicarit to receivc ariv pavmcnt, credit, transfcr, regi'stration,
conversion, excliange, issue or dclivm in respect of the ori@inal )r originals arid/or titc dui)licate or duplicates issucd in lieu thcfcof,
and/or caused bv, bascd upon or arisiiig our of thc rclease of an, security or the satisfaction of any instrurnent or inscruments under
Nvflich thc original or originals and/or duplica[c or dul)licates arc issued or sccurcd, and/or caused bv, based upon or arisilig out of
anv oilier matter or thing "hatsoc,er, then this Obligations sliall be void; othcr,,isc shall remain in full force and cffcct.
Princil)ai and Suretv furthcr joiiitlv and se-,,craltv agrcc thai if the niislaid, lost stolcn or destrovcd original or origilials be found
I..@ll I "' , ". ",@ J-@, @", ", I ill ti@C .,E,,,J, , 1.11cr of ti@c Obl, @,r ar" of Elicni f., a,,,
P;-Irpose other than cancciliti,)n "iii, reissuc, 1'riticii)al ii l Surct@ %ill f,)rth,ith ... dc@@,,d obtairi lcli,er t(, tile .oi)ligee .,
cithcr such origi,ial or origi.als or sL d@plicdtc or , )r ill pa, (o Ehc Obligccs a sutii of "ion, 'Ufficient to cnat,le the
Obligc@ to purchasc in ttic opcti markci sccuritics of tlic sa ... c issuc and ainount as the ,riginal or origirlals ,)nstituting g( ... d
dclivcrv undef tiic rulcs of the Nc, )@ork Stock Exclialigc.
Surct v, furthcrmore, incorisidcration of its acccl,(ance bN thc Obligccs as a satisfactorv sufetv @lefcoll, licic!,% r,i,(,,,,Ces jil ights
,%tiicli it niav lia@e uridcr tile st3tilte la,, @)f [tic C,)Illillon la%% of tlic State of Virginia. or of anv otherjurisdictioii, to tlic Obligecs.
ulion inN. brcacli @)f this bon,], to nidkc ati, dei,iiii,i @r Eakc arin@ acti(,n against tlic 1'riiicilial bcfore t@ik,iig @cti,,,, again.%t Sk,ret,,
and hereb, c,)tisci)Ls t,) bcc ... l@e, f(,rtli,,itil t,l ... 11 @l@cli [)Fca,h. iridi,iduall@. liablc to ilic Obligce%, and t,) ... 1, f ilieiii, for thc
full aniouiit of ihis bond, kith(,ut iiotice )f sucii [)r-,h. an(i altliough n@, det@iand si,all have been iiade al,d o acti,,I) tak@,@
agsinst tlie Principal: and Sk,ret, furthcr c(,nsents tilj( its liat,ilit% licreunder sliall be absolute regardless of aji% ii(,ii-cxistcnce ofliabilit,
of thc Principal licre,,iider, ,ficliler sucti n,)ii-existc,ice )f be b, reason of anv irrcgular or unatitlic,ri,e,j eXecLition of, or failt,r@
to exccute, tliis bond, @f anv absence of inlcrest of pri,,,ipal i,) (lie sk@bjec( Tiiatter liereof, or other-isc. 1'ri,icil,al and St,rct, furili@,
agree th.t, ir. c.sc f a,iv d@fault ..der tl,c c,),,diti(,ns f Llii, b,)nd. llrit,cil,al and Surctv .i,c a,id release iii, and all riglit or (laini
against Obligccs, or anv )f clieri@, ,Iietficr b,, ,a, (,f st@brog@ii.,, or oibcr,kic, for an,. loss, expciisc or liabilie, incurred bN, 1'rincil,al
and/or Surct) caused b@, based upon, or .,ising otj[ )f tlic e,,f,)rceiiicilt of tfiis bond by the Obligees or bv afi, of theni. No inaccurac,
;n Elic description of ttic securities li,@ein referred to as origit)al (,r origitials stiall alter. tnodin- or affect otlic obligation of PrincipaI
afid Suretv hereunder.
This bond shall be d".,cd t,) [,e i %'i,gii)i. (,n(r;ict 3ii,i I,all I,e go,,eined @, to .11 r@).ttcrs %hts(,e,cr. )f Nalidir,.
pi cutio,i, (,bligati(),,, ther." ise, cxcl,@si@ el,. b, itic la, s of ihc Statc of Virgi,iia, and all (ii.estioii, ari5iiig , ith resi@@c(
si,all 1)@ ii, ,itt, "'(1, lzeg,,,Iless )f Iicre actuall, deli,cred, tliis bo@d sli@ll I)c deciii@d to lia,e
been acceptcd bv the Obligees in tl)c State of \ irginia, 'I'Iiis t)(,iid sliall bc dcemcd a continuing obligatiorl i,@d sticcessi@c recoveries
maN- be liad hereunder fr,)m tinic to time as ttle Ot)ligccs or anN, of theni bcconic cntitied Ehercto in accordance ith the terms hereof.
And [,rincipal fiereb@. further agrees to forr,isli Obligees. ,itlioiit all'. expensc to Obligces, a iie" [3ond of l,ideriinitv, "Ilich ni,,],
differ fr(,@ this B(,nd i,@ anio.,,t or i. )thcr r@pcct, ,ith stifact;,r,. @t,,etv (,r surcties in case ciiis ot,ligati,,. Silotild not at aii,
timc for anv reason in thc o[,inion of tfic Obligee.% affor(i sufficierit 1)rotection.
Individual
I)art,lcrship
B,
Corpor.ition
St. Paul Mercurv Irisurance Goiiir)ativ
(Seal of
.AL
a@. E. W'llc'lt t@to n, a@,
SI,17@_- OF
CITY ss.
V G
On ths 19 0 befe,,r me petto@ally app,,i,@,,l
to me known and known fo 7ii,- to be ihe p,,,,,),
des,tyl,eel in aqd Lho eref@led th,- fi,,,g(,sng ,istiwiicni, @;ni h,- to m, that /w @cited f,'w same.
cobli%7)' O/.'
/,ii, of 19 befj,@, ,, p(,r3onafly Jppea,rl
of
lo n,, I-,own ],,y t,) mr to bf j member of thf fim of
des,i7bed in and wlhih eveit@(I the attY h,, th,,-etp,)n a,know,l,,tlged to mt that he fff(ated ih,, ame is andfor the J,t and
,ieed of saidji"ii.
.@d I, I@, ......
t Cl@,k ,
S@7k, Oh
Is
O@ this eld.v o.f in the vear 19 bf,,m me pet3onall), appeifel
fo Pi,, kioa,@,,u@ho biiqg bi, tit,, wo"i, iid Iep,)se aid.wiv: that he "Sides at
that h,. is a Prrsident of
the copot-ation de-@, ribed in anl &,,h,, h "P, ut,,(] fhe ibAe instrwment, that he knows the seal of said eoporation; that the seal affixed to said
i,i.@imment is su, h , o,pu,are seal: thit it @as so affi-,ed b i, orde,t of the, board of rfiffctors of said corporation; and thit he signed his namt fhe"to
bi, lik,, ,relr.
.. . ...... ..
S'I-.47,&-' OF Virginia
C ITY ss
a(AK.AyR, ob, --Vi?:
0. thii 18th dj.v o.f July 19 90 before me personally appejtrd
James B. Carver
t(, m,, k,ow,,t, c,,,ho. be,,,g by me Iuli did II)os, ai@Y vii,. that h,, irsicies at Chesa eake i i-a
that h,, ts a Attorney-in-Fact @fSt. Paul Mercury Insurance Company
ih, (,rp,tati,,n. desfib,,,Iiti jnda,,hih thithekn,)wsthe,-oporatesealofsaidorp,,ration: thifthesealaffiyed
to @@aiel 1.@ s,(h fhit it r,,,js ,@, jfri%el bi, of ihe Board qf Directors
that he iignelhis t,,im,, th,,ret,, b-i- /,I,, ,ndihat ibi@ liabilities of.,ad,-orporation do not nreedits assets as asceriattiei
i@ th@ a,,,,r P-t,id,,ei bi@ Ijw-.
.I,d th,, .@,jid Arlene F. Fee
-fl,lh,-, @,jt,/ thit A, @,th James-.-B.-Carver
lit,,/ l-,,,w,s hin fu be a Attorney-in-Fact
,f siiil Up,falion; that th,- f James B. Carver
subs,,ibeel to -@ail iii-,ttvmt,nt ii iii th,, g,@nt,,,,, 0.1 James B. Carver
and w-,is iheret,, s,bsctil,,,ti b), the oiei,-r of siil Boa,(l of Directors of the St. Paul Mercury Insurance Company
,jt;d ii the pres,,ii,r qi hitil th,, aio' ___@r @ene _F. Fee
(.@eal)
. ... ..... December 26 1992
Sl'. PAU], MERCURV INSURAN(.E COMPANV (@ERTIFI(@NT E OF
385 Washiitgtopi Sir c
c t, St. Paul, Minneso(a 55102 AUlllORI'IV NO.
F., @@ti",@ti,ity f thi, P..,, f Ati.,n,y, Y-1@ -.Y t.11 f,. 1-8(@328-2189..d k f(,,
ti@@ P.wl, of Att.,.,y Cl@,k. PI.,@ ,f,, 1. ti,, C,rlifi.t, @f A,,th@,ity N.. ..d ti,@ na..@d i@,di@idu.i(s), 0166701.
GENERAL POWER OF AT'I'ORNEY - CERTIFIED COPY
(Original oii File at Home Office of Compaiiy. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. P.,,l M@r@.,y l.sur.@@,, C..p.,,y, . @orpo,ati.. o,ga.i@ed a.d e.isti.g u,id,r the 1.@ f tl,e Stat, f
Mi..@.ta, ha,i.g it@ p,i.cipal offic@ i. th@ City of St, P.@,l, d,,@, h,,eby co@,tit.te and appoint:
W. K. HaMnaker, Robert L. Byrd, Kevin J. Molloy, F. K. HaMTeker, JaTnes B. Carver,
Dawn E. Willett, individually, Virginia Beach, Virginia
it, t,,,@..d la@f.1 att.",@y(@)-i.-f,,,t I@liv,, f@, ..d it, b@half a@,,@,@ty, ..y ..,d .11 b.@,d,, a@d @,,d@,(aki@,g,, f
i.d@.nity nd otl@@, @,iting@ bligat.,y i. th@ tb@,,.f, @t,ich a,, .,.@@y b@ .11.@@d, @q.i,,d o, p@,.itt,d by 1.@,
NC)T TO EXCEED IN PENALTY THE SLM OF FIVE MILLION ($5,000,000) EACH
..,d il,@ @@,c.ti.. f .11 i. p ...... @, f 'I,all b, .., bi.di.@g p.,, ,aid S[. P..l Me,..,y C!@,.p..y, a,, f.ily and
a.ply, 1. .11 i.t@.B ..d p.,po..,, a@ if th@ @a.@ I,.d b@,. d.ly ..,d .@k.o-t@dg@d by it, @g.la,ly @l@t@d offi@@,@ t it., p,i,,,il,al ffic@.
Ti,i@ Po@@, f Atio,.@y i,, @@@@.ted, a,,d .@.y b@ @@,(ifi,d t. a@d .,.y b, ,,.k@d, p.,,.ant t. a.d by a@tl,o,ity f A,tid, lil,-S,@ti,)n 5 (C), f tl,@ By-L,.@,
adopl@d by th, B.a,d f Di,@@t.,, f ST. PAUI, MERCURY INSURANCE COMPANY at a .@ting called and beld n tt,@ 3,d day of A.g@@t, 1966, F@hi@h
the foll..ing i@ a t,.@ f,an@@,ipt f said S"ti.n 5 (C):
"I@h@ P,@id@,@t o, a.y Vic@ P,@,id@.t, A.,@i,ta.1 Vi@, P ... id@.t, S@c,@t.,y ., R@.,id@@t S,c,@ta,y h.11 ha@, p.@,, ..d a.tl,,),ity
(1) To pp.int @.,d 1. ti,@... 1. .. b,l@.If f ti,@ C,).p.ny, a.d t(.ch ti,@ S@.1 .1 ti:@ Co,@pa,,y
b..d, nd ..d@,taking,, @,.g.i@a.c., .,,t,.ct, f i.d@t@,.,ity a.d th@, @,iti.g@ blig@t.,y i,, th@ ..t.,e . ,]
(2) To appoi.t @p"ial Att.,.@y,,-in-fa,t, h. a,@ h"@by @.th@,i@@d t. c@,tify t. @opi,@ of any p.@@,of-alto,.@y i,,.,d i. p.,.,.a@c@ of tl,i,
s@cti.n a.d/o, ny of th, By-L.@, of ti,@ C..P@,@y, @@d
(3) T. t a.y ti.@, ..y @,,@h A(to'.@y-i.,-f.@l 0, Sp"i.1 Att.,n@y-i. f.@t nd ,@.ke tl,@ a.th.,ity gi@@. l,i.."
F@,the,, this P.@e, of Att.,ney i@ sig.@d a.d @al@d by fa@,imil, p.,@,.a.t t. f th@ B.a,d of Di,@cto,@ f said Co.,p.ny d.pt@d at a d,.Iy
c.11@d a.d hld .,, th@ 12th day f D@e.b,,, 1967, f @l,id, the f.it.@i.g i,, I t".@ @c@,pt:
"N.@ th@,cf.@@ th, @ig.at.,e, f @.@h offi@@,s a@d th@ ,al f thc C.,,@pany ay b, ffi@ed t. a.y @.ch p..@, f att.,.@y ., ..y ,Iali,,g
the,@t. by fa@,,i.il@, a.d any s.ch P.@,, f a(t.,.@y ., @@,lificat@ b@.,i.g @.@h fa@@i.,i]@ ig.at.,o ., fac@i,.il@ @@al hall be @.lid .d bindi,,m p.. th,
C..pa.y a@,d ..y @.@h p.@e, @o e.@c.ted nd @,,Iifi@d by fac@i.il@.,ig.at.,e@ a,@d fc@i.il@ @,al @l,all b@ @alid a.d hi.di.@g @po@ tl,e C..@a.y i. th,
f.t.,c ith .pe@t to a.y bo.d o, ..de,taking t. @hi@h ii i@ attaci,@d."
IN TESTIMONY WHEREOI@, St. Pa.1 Me,@l,y C..pany ha@ ca.@@d thi@ to b@ ig,@@d a.d its @.,po,al, @cal
to be affi.ed by it., ..Ih.,i@ed ffic,,, (hi,, I.,, day f Ma,cl,, A.D. 1984.
S'F. PAUL MERCURY INSURANCE COMPANY
STA:RE OF MINNESOTAIf
C..,@ty f Ra..y
P,e,id,nt
On il,i@ llth day f July 19 89 befo,@ @a.@ the indi@id@al I,. e@@.ted the n,@cedi.g i@,,t ...... t, to .@
p@,@o.ally k..@., a.d, b@ing by .@ d.ly @w.,., @a@d th.t h@/@h, i,, th, th@,@i. d@.,@,ib,d a.d a.th.,i@@d office, f St. P..l M@,@.,y C..pa.y; th.t
th@ @.1 affi.@d t. @aid i@ li@@ C.,p.,at@ S,al f .id Co.p..y; tl,al th, @.id C.,p.,.t, S@al @.d his/he, ignat.,, e,, d.ly affi@@d by ide, f th,
B..,d f Di,,@to,@ of said C..pa.y.
IN TESTIMONY WHEREOR, I ha@, h@,@..t. @t y ha@d a,,d affi.@d y Offi@ial Seal, at th, @ity f St. Pa.1, tl,e day
a.d y@a, fi,@t ab.,@
MARY C. STEMPER, NU.,y ll,,bli,, R,,@,,,,y C..nly, NIN
MyC .... ... No@@.be, 1, 1990
CERTIFICNI'ION
f S(. M@,@.,v I C..p..)@ d,, h .. by c,,Iify tl,.t I @..pa,ed 11,@ f.,,goi,@g @.py of tl@, il.@,, f Atto,,@ey nd
affid., py f the S@cti.. of th@ By-@,@., f.,aid C..p..y ., @t f.,tl, i. s@id Po@,, @f Att.,,,,Y, @ith ti,, ORI(;INAI,S ON FII,E IN TIIE IIOME
OFFICP, OF SAII) COMPANY, .,@d tl,.[ th@ a.@, .,, @o ... @ t,a.s@,ipt, th,,@.f, a,,d f th, ,ho], of ti,@@.id .,igi.al@, ,,,d th.t [l,, ai,l P..C, f A(lo, n@y I,.,
..t b,@. ,,.k,d and is no@ i. f.11 f@,@@ .,,d ff,et.
IN 'I'ESTIMONY WHEREOF, I @t n@y h.@,d thil
18th d.y of UIY --, 19 90 S,@,,ta,y
... i.g ti,@ C,,Eifi,@le f A,@il@ ... ity N.. p,i.t@d i,@ ,d .. ti,, pp@, ight o.... i., bi.di,@g. Pl@.to@.pies, @a,b..
c@pi@, o, th@, of thi, d....c,,t .,@ i.,alid .,,d ..t bi@di.g @,p... th@ Co.p..y.
ANV MNSTRUMENT ISSUED IN EXCF,'SS OF THE PENALTV AMOUNI S]rATt,D ABOVE IS 'FOTALLY VOID AND WITHOU] ANY VAI,ll)IIFY.
31801 R.@. 8-88 P,i@t.d i@ U.S@A.
VIDUAL AFFIDAVrr
IN
STATE Op.._-,Xl6RQIL@4 ------ - ------ - -------
Co OF ... yllq.1@IA_BFACH ........................ .........
.. ........
Garcia . ................. .............
. .. ................. .....
is an adult and resides at ------------- - - -----------
2. @g duly sworn, deposes and says; thaL.---.@ ....... @@ I
if Dot SD AdUI4 st- p@ &p) 23451
n Bach, virginia .................. . . .....
ia
3. . ....... ................... cull described as follows:
-d benefical owner of certain sectirities more rlY
4. and is the sole le D@ MtL t f $100,000-00
(if the @ty is a No. R'
5. ..... M;LT.& al
date
6. a payatle
ece er
8. .......... .... ....... ............... ........... . ..... . .. . ...................... .. . .... ...... ..................... .ia Beach'
e al i n .......... . .......... .....
.@y .. pomin o Bank..(f erl@ "Bank of Virgi
Tb.at ..... @@. bond @was ..... ............... . .. _._
9. ................... ..d". or do@ of tbt @tie md @h.1
(@be in dctlil @ @uncn to ffic @ty.
,g.n ho b- -de tD IOC-TC @ O!, .f by - -f
tbe @ g i& tD i. in Beach)
inst tion h Id col ater -.@K@k ....... -. ._Ea@._p.14Kchased
10 . ...... .......... .... ... 2.-.L Ag..ins.ti tion went
the .... tu .................
..p Kchasi ...... ....
-- ----------- - ------- ---- ------------------ - ------------
12. ...............
13 . ....................................... 1-11, ............................... - -------------------------------
i4. That the said secLLrici fmm n d.:d. mm md oi
(@ not end if @:d. er of a.@t in
am@ if no us- a Beach
'-X o
,5. The it has
@s- The
16. fy C. ciain to
r
on c
17. ..rnu
1& ............ . .................................. SeCLLricies nor the rights of the deponcat in the said @ities havc, iD
19. Thar neither the said @ted, pledged or otherwise disposcd
20. whole or in p@ be- -1d, assigned, transferred, hypoth. there been given to any person or
21. of, or any interest therein in -y ma-er wh2tsoever, nor bw kind or aaaae whatsoever to Lca-
persons any power of actomey, order or oth- authority of any
22. .a Ehereof.*
23. fer the said securities or any part or PO-() of virginia..Ag@lit .. theouph its
.S;L@y ............... --,maasurer,
24. affidivic is made for the purpose of inducing ..!Ih@
n d securicies to or upon the order of any
25. to refuse to @f- or -cha ge or e payment 00 Sm
the undersizned who have pr-eneed or may pr&@t said securities
26. person or persons other @n any such t@
27. for tmnsfer, exchange, or payment, and Ebe undersigned hereby agrees that, in CM
2s. fer, exchange or payment is refused or delayed, Ehe undersigned wW, in consideraeion chereof,
29. forever and fLLUy indemnify and save @- xim the @d.P;Lty-.gf..Mlr&:L]Lia
3o. ..@t@s@..@@.its..Treasurer ..................... .......... from any and 2.U lo@ @iuty and d-m2ge to which
they or them may be subjecce
31. dther o d by reason thereof.
32. it is understood that' the word "securities" mentioned herein shau me= one or more
33. one particular iwaument or docLLment aS above desaibecl
and swoxn to *except as re ed ion Bank
E ar
em)
Of the Nom @ be
l@37 (NOTE: A COUNTY CLERK'S CERTIFICATE, OR AN EQUILAVENT
AUTHENTICATION, NIUST BE EXECUTED AND ATTACHED.)
COMMONWEALTH of VIRGINIA
EDDIE N. MOORE, JR. Department of the Treasury P. 0. BOX 6-H
TREASURER OFVIRGINIA RICHMOND,VIRGlNIA23215
(ON) 225-2142
April 1, 1991
Nianza E. Wallace II
Assistant City Attorney IDEP-T,,OF- L.AVY
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456-9004
RE: Lost Note for Bond Number R-50 in the amount of
$100,000.00 in the name of Edward S. Garcia
Dear Mr. Wallace:
Attached is the resolution of the State Council on Local
Debt authorizing the replacement of the City of Virginia Beach
1977 Water and Sewer Revenue Bond Number R-50 in the amount of
$100,000.00 in the name of Edward S. Garcia.
Thank you for your assistance in answering the questions
of the Council concerning the adoption of this resolution.
Sincerely,
Kristin Reiter, Assistant
Direr-tor of Accounting
Attachment
A RESOLUTION TO AUTHORIZE
REPLACEMENT OF A LOST NOTE
WHEREAS, Mr. Edward S. Garcia of 3333 Virginia Beach
Boulevard, Virginia Beach, Virginia has affirmed that he is the
sole legal and beneficial owner of City of Virginia Beach, Virginia
Sewer and Water Revenue Note numbered R-50, (the "Note"), in the
amount of $100,000, bearing 6% annual rate of interest, dated
December 15, 1977, and maturing Dec. 15, 2002;
WHEREAS, Mr. Garcia has also affirmed that the Note has
been lost by Dominion Bank;
WHEREAS, Mr. Garcia has complied with all legal
provisions to effect replacement payment of said security by
providing appropriate affidavits and indemnities;
WHEREAS, the Note indenture requires the approval of the
State Coinmission on Local Debt in order to issue a duplicate note;
and
WHEREAS, the State Comr.,tission on Local Debt was contiriued
as the State Council on Local Debt by Chapter 448 of the 1985 ACTS
OF ASSEMBLY;
NOW, THEREFORE, BE IT RESOLVED BY THE STATE COUNCIL ON
LOCAL DEBT:
The Mayor of the City of Virginia Beach, Virginia, is hereby
authorized to issue and deliver to Mr. Edward S. Garcia of 3333
Virginia Beach Boulevard, virginia Beach, Virginia, a duplicate of
the lost Note in the amount of One Hundred Thousand Dollars
($100,000).
thirteenth day of March, 1991.
Chairman, State Courcil on Lo/al Deb@
CA-4122
- 30 -
Item IV-L.2
CONSENT AGF.NDA ITFM # 34348
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council ADOPTED:
Resolution directing the Director of Finance to
authorize Crestar Bank to make payment of $1,250
interest due on lost coupons (all Number 26) from
Bond Numbers 3103-3109 (inclusive), 3137, 3138 and
3143 to the Bank of Northumberland, Heathsville,
Virginia, in its representative or fiduciary
capacity for the owner, Earl W. Stephens, re
General Obligation Public Improvement Bonds, Series
1977.*
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
*Reference is made to City Attorney's correspondence of September 3, 1991, with
attached AMENDED Affidavit of Loss and Surety Bond and letter of August 14,
1991, from Giles G. Dodd, Director of Finance, correcting error in the
Resolution.
1 A RESOLUTION TO AUTHORIZE
2 REPLACEMENT OF A LOST BOND
3 WHEREAS, L. Edelyn Dawson, Jr., Senior Vice President of
4 the Bank of Northumberland, Heathsville, Virginia, has affirmed
5 that Earl W. Stephens, customer of the Bank of Northumberland, is
6 the sole legal and beneficial owner, and that the Bank of
7 Northumberland is acting in a representative capacity or fiduciary
8 capacity for the owner of ten coupons all numbered 26 and dated
9 December 1990, from bonds numbered 3103-3109 (inclusive), 3137,
10 3138 and 3143, of City of Virginia Beach, Virginia 5% General
11 obligation Public Improvement Bonds, Series of 1977, at $5,000
12 denomination, bearing 5% annual rate of interest, said bonds dated
13 May 15, 1987, and maturing May 1, 1991;
14 WHEREAS, Mr. Dawson has also affirmed that the coupons
15 from said securities have been lost or misplaced in the mail; and
16 WHEREAS, Mr. Dawson has conplied with all legal
17 provisions to effect replacement payment of said security by
18 providing appropriate affidavits and indemnities.
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is
21 directed to authorize Crestar Bank, Paying Agent on said bond
22 issue, to make payment to Bank of Northumberland, Heathsville,
23 Virginia, in its representative or fiduciary capacity for the
24 owner, Earl W. Stephens, the amount of one Thousand Two Hundred
25 Fifty Dollars, representing the interest due on the said coupons.
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia, on the 23 day of April 1 1991.
APPRC ITS
SIGNATVRE
CA-91-4146
RES\NONCODE\CA-4146.RES
R3
AF,P.ROVED AS TO LEGAL
LESLIE L L LLEY MUN CIPAL CENTER
C 11 ATTN..EY I RGIN A BEACH VI 23@56 900@
(804) 421 4531
FAX (80@) 426 5681
In Reply Ref.r To O.r FiL. No. CA-4146 & CA-4337
September 3, 1991
Ruth Hodges Smith, CMC/AME
municipal Center
Virginia Beach, VA 23456
Re: Bank of Northumberland
Earl W. Stephens
Dear Mrs. Smith:
It has been brought to my attention that a resolution adopted
by council on April 23, 1991 (R91-01961), With respect to the
payment of interest on bond coupons for the above-referenced
parties, contained certain errors which do not permit a full and
complete identification of the bonds referenced therein.
Specifically, the resolution listed the bonds upon which interest
was due as dated May 15, 1977, and maturing May 1, 1991, lines 12
and 13 of the referenced resolution, when the bonds should have
been listed as dated December 1977, and maturing October 1997.
It is my opinion that the Council resolution of April 23,
1991, sets forth the intent of Council to make payment for certain
lost coupons of Earl W. Stephens held by the Bank of
Northumberland. In that regard, I am requesting that you append
the attached amended Affidavit of Loss and Surety Bond to the
minutes of the Council meeting of April 23, 1991, thus correcting
the referenced error. Since these errors in description have been
duly corrected without harm or liability exposure to the City, see
attached letter dated August 14, 1991, from Director of Finance,
Giles G. Dodd, and since the errors do not affect the intent of the
City Council to permit the payment of interest on the lost coupons,
it is my opinion that Council's intent can be carried out without
Ruth Hodges smith -2- September 3, 1991
further Council action. If you have any questions with respect to
this matter, please do not hesitate to contact me.
Very truly yours,
LLL/NEW/klp
Enclosures:
Resolution R-91-01961
Letter of 8/14/91 from Giles G. Dodd
to Les Lilley
Corrected Affidavit of Loss
Corrected Fidelity and Deposit Bond
cc: Giles G. Dodd
@o@ @.S. 1.
Cit@c:)f Nrir-wi@iek
INTER-OFFICE CORRESPONVENCE
August 14, 1991
DEPT. OF LAVR
TO: Les Lilley, City Attorney
FROM: Giles G. Dodd, Assistant City Manager for Internal services
SUBJECT: Bank of Northumberland, Lost Bond Coupons
As you are aware, on April 23, 1991 Council adopted a
resolution authorizing the payment of $1,250 to the Bank of
Northumberland for certain lost coupons. The resolution contained
a description of the lost coupons based upon descriptions in an
Affidavit and Surety Bond provided to your office by the referenced
bank. Those descriptions were subsequently determined to be
insufficient in detail. The Bank was advised of the insufficiency,
and before any action to authorize payment for the lost coupons
was taken a corrected Affidavit and Surety Bond were obtained which
will protect the city's interests.
Based on the intent of Council's resolution to authorize
payment for lost coupons, we have instructed Crestar Bank, the
city's paying agent on the bond issue in question, to make the
appropriate payment to the Bank of Northumberland. Neither a
duplicate payment by the paying agent for the lost coupons nor
other form of loss to the city should result from this action.
Because the already adopted resolution contained incorrect
information, the record should be corrected to reflect Council's
intent.
We respectfully request that the necessary corrections to the
record be made so that payment for the lost coupons is properly
authorized. For your use, I have attached copies of the corrected
Affidavit of Loss and Surety Bond.
Giles G. Do
GGD/lgs/B2
Enclosures
AFFIDAVIT OF LOSS
STATE OF VIRGINIA
)ss.
CITY/COUNTY OF Northiimberland
lbe t@nctersigiie(i (liereinifter called "])cpoiienl"), being dt@ly sworn, cleposes aiid says that:
(1) I)Cpollclll is all adiiii wliose ni,,Iiling i(i(lress is
BANK OF NORTT]LIMBERLAND, INC.
P.O. Box 9
Ileatl)sville, VA 22473
iiiid is tlie on@iier c)f or is ac(ing iii @i representative or fidtici@iry cipici(y with respect lo certain securities ((Iescril)e lype
of sectil'ily, idciilific,,Ilion ilililll)Cr, and ii,iiiiber of sliares or fice v,,Iltle):
Cotipons all ntimbered 26 and iiiaturing October 1, 1990 from 1977 Public Iniprovenient
Bond certificates ntinibered 3103 throtigh 3109, incl(isive, 3137, 3138, and 3143
dat Deceniber 1, 1977 and matijring October 1, 1997.
cc?y
issil )y
City of Virginia Beach
(hcreiii,ifter cillc(l ilic "Issuiilg (-orporitioil") aild regislereci in ilic iiinic of-.
Rearer Coupons
(2) Depoiient furiber says tliat the aforcs@iid securi(y or securilics (hereiiiafter called the "Original",
wliethcr oiic or niore) have bceii lost, sloten, dcstroyecl or niispliccd under ihe following circumstances:
On October 2, 1990, the coupons were incltided with a fo@eign check@letter s@nt to
Crestar Bank by private cc)urier. The coupons were lost at Crestar Bank; but
because they were not sent by certified niail, the loss was considered the
responsibility of the Bank of Northumberland.
(was)
(3) 'lliat said Originil (wis not) enclorsecl. (If endorsed, describe form of endorseiiient and stitc
whellier signal.re wis g,liranteed.)
None
(4) I)eponent has made ()r causcd to be niade diligent se,,irch for Original, and has been unable to
1-iiid or reco@er saine, and th-,it Deponent was (he unconditioiial owner of Original at the time of loss, and is entitied to
ille full "in(i exclilsive pc)sse&sioii thereof', [hit jiei(her the Original not the rights of T)epoiient therein have, iii whole or
iii part, been assigiiecl, traiisferred, hypothecated, pledged or othcrwise disposed of, in any maiiner whatsoever, and that
no person, firiii or corrx)ration other [han I)erx)iient h@is any rigiii, tille, ciiini, e(ltjily or iiiierest ill, to, or respecting
Origin;il or the pr,@ceds liicrc,)F, cxcept as may @ set forih ill Stitenient (5) follo@iiig.
(5) (if I)Cpollcll(,s ii)tcrcst iii the Original is in a rcpresciii@itive or fidtici;try capqcily, indicate tviow
[lie (lesigiiiition ()f s,icii cipacity, i.c., Adiiiinisiraior, 1-@ccii[or, efc., Ind tile lille of llic estate, as follovs):
I)cl)oiicni is Bank of flic cs(ale of
(Spccify n,,tiiics of iny (iffier l@rsoiis hi,,iiig qn iiiierest in tfic Origitill. ].is[ theni below Ind indicilc
ihe iiiil,,re (if ilicir iiiierest, st,cii fis ficir, ieg@itee, etc.)
NAME
Earl W. S@,epliens - Ctistomer Owner
(1--.acli licir, lcga(ec, c[c., liiving ail iiitcrest iii flic Origiiiil mtist execuic Agreenient of Iii(leninity, l@hil)it "C").
(6) 1)(p)iient iiiikes this affi(],,ivit for ilic purl)ose of rcclticsfiiig aii(i iiidliciilg the Isstiiiig C,'or[X)ratioil
@ilid iis igeiiis to issue iiew seckirilles in stibstitution rt)r ille origiiiiil Ill(l S(Nil)oird Stirely (7oiiip@-ttiy to asstjiiie liabilily in
respect ilicreof i,iicter its ln(iciiinity Bond.
(7) Depoiiciii agrecs iliit if said Oiigiti@if sliotil(I cver cotile into I)cponeni's hands, cusic)dy or power,
I)cpoiiciii will ininiediiiely atid withotit coiisideration surrciiclcr Originil to ISSLling Corporation, its (rar)sfer agents,
subscril)lioii @igents, ti,ustecs or Scaboird Sure(y Conipany for Fpnccllilion.
c
(8) Signed, se,,ile(I and dated:
Sworii lo iiiid suliscrit)c(l beforo iiie
illis 19 q diy t)f -Ii BANK 0
191/. _BY -@
L. Edelyn Dawson, Jr
Senior Vice President
(ikffix Notarial Seal)
My Coniniissic)ii expires: @@-,31-93
Swoi,n to incl st@I)scribed before iiie
ihi.s diy of
19
Sign@iture of I)cpoiieiit
NO-['A ZY 111313f,[C
(Aff-ix Not,,lri;il Segi)
lvfy Cc)iiiiiiissioii exl)ircs:
Fidelity and Deposit Company
tio@l(P, ort i(@f. 01-- MAlt)'I,ANI) li@11,Tl,%IORF.', Aft). 21207
Bond for Seenrities loss or I)estroyed
KNOW Al,l, MF.N IIY'rlll,-,S@: PRESENTS:
Tliat .......... ... T3anl@ of Nort-.htiml@.ri and, Ileitlisvi.1 I.e, Vi
.MI-llja
................ .................. .................... ........ I............ ................ ............
............... .......................................... ........ I............. ............................ .................... ...................
(liereiii,ifier I)riiiripii), as 1'riii(@ipal, an,] tlic Fii)i:i.i l'Y ANI) I)P@llost'r CONII'ANY O@'MAI(YT,ANI) (liereiriafter
S@ii-ety), as Stir,!Iy, are aii(I fir,,ily I .... iii,l ii a_.13(-,.,tcl ..Crestar.Bank
@j -@i --- @- I . ............... ........
crs I'nist C ..................... ..................... ........
..... ...... .. ......... ........ ....... .........................................
......... ...................... .................................................................................................................. ............
....... ........................................................................................... ......... ..........................................
-------------------------------------------------- ------------------------------------------------------------- .................... ..........................
iii,@ir rel)(@ciivft I(-,gal rcl,r(@s(!til;itives, siic(@c.9s(,rs iiii,i as.,,igiis (liereitiaft@@r (@(,Ilectively calle(i Ol,ligees), iti
ili,@ stiii@ )f .... @l(, 'I'lic)llszin(@ rNo liiindred_.Fifty__ancl.00/100 ----------------------
.............................. ........ ------ .............. .....................................
......... I,(! I,;Ii(I l') lli,t Ol,lige,,.,, f(@i- wlii,@i, 1)ay-
w@ll i .... I 1,@,ily l') l,e II,, 1'rizi@ii,i@l S@ir(!ty li,@l(!I.y I,i,i,l tlleir lieirs, ext!,@ti-
I,)rs, i.Iiiiiiiisirat,)rs, sti,:(Tss(,i-s all@l iissig,is, joiiilly ii,i,l ,ev,!rally, firii,ly l@y iliese I)r(!scilts.
Sig,i(!,], scal(@,l iii,l [)tis ............ @14 Lli ---------------- - ---- -y f -- '3111@ -Y..
. . ill -r ----------------------- 19.-9.1 ....
Wlil,"til-'IAS, li@,! lias rel@rese,ite,l ilial ili@@ is li,e owiier ........
iiiinil)ere(i 2(i, of tlie Cit-V c)f Vir(jinia Bcacli nil)lic it Bond Series of
----- --------- ---- ----- --------- .......... .... .......... -- ----- - ----- --- ----- ------- ....... .................
1 977 -, 31 03-3 109,.@ Nii il) r 3 37, 31 38..aild . 3.1 43.,.. s i @.ti q
-.N iiiilx@r ........ . ...........
.. .... .. .... ....
t )e,.ain iliit- O--
......... ---------------------------------------------------------------
iiii.1 iliat siiiiie lia.y@ ---- l@(!Cll I(,Sl, l@lislai,], Ieslroy@.,i or st,)Ie,i aii(i (@aiiiiot I)e fc,iiii(i or pr(,(Iti(:e(], atid
lias te(Iiieste.] il@e 01@ligees to issll(! l') 111(@ )r to li@e t)r,l,!r, ;i ]lew iiistrit-
iiietit )t iiisirtiii,crils, cr to pay to tlie I)riiicil,@il, or to cre(lit I,) ilic 1'riti,@ii,al's a(@c(,Ijlll, flic Fi,@e
aiii,)ijiit c)f saiiie, willi ... it (lie stirren,ler iliereof for raii,!eii@tiori; aii,l
Will'@Rl-'.AS, oil tile faitli of flie foregoiiig rel,,esc,itatioii, a,@.1 i,@ (@(,Ilsi(leratioii of ti@is 1),)iid of
iii(leftinity, ilie Oblige,,s liave comi,lie(l, or agree,] to (@onil,ly, viiii sai,l re(Itiest.
NOW, 'Fill," CONI)['['ION 01,' 'I@IIIS 0131,1(;A'rION is sij(:ii, 'riial, if tile al)(,ve
ilie licirs, legal rel,resetilaliv(@, i@ssig,is of il@e Pri,i,!ipi, or atly (,f
si@all, iii c.se ti@c i@isir,lii,(!Ill or iiiirti,ne,@is (, I(,st, ]@!slr,,ye,l or stolet, I)c f,,iiii(I or
CI)@lic iiito ilic liar,@is ).- power of a,iy f or iiito tlkc liati,ls, ctisl,,(Iy )r I,,)@vcr of itiy (@ilier per.
5011, (leliver, or ca,ise tlie s anic to I,c Ielivere,i ilie. Ol)ligees for @aticelalioii, a@l(I sliall alst) at all
ti@iies ii@(let..iify a,l,i sa@e liaritiless tlie Ol)ligees frojii ati,l agiiiisi atiy an@i all loss, claiifig, ictiotis,
Iat@iags, cliarges or ex[,enses of aily nat,ire aild cliaracier l@y rcn%on (,f sai(I lost, mislai(l, le-
sir(,y@(i r st,)Ien itistriin,ent )r i.,str@iiiie,its, or flic iss@lati(@e )f a (Itipli(@ate r (li@pli(@ates iii licti iliereof,
or tl,e paying r cre,(Iiti,ig as af(,resai(i of tlie f@ce amo@,lit )f s,i(@li lost, mislai(t, (lestroye(i or stolen
iiistriiiiicjit or iiistrtjtiietits wittioiii ti@e s@@rrci,(Icr tliereof, [Iiis (,I,Iigati@ii sli.11 I,,. v(,i,l, oili,.rwise
to re,i@aiii i@) f,,Il force an,l ttffecl.
....................
9ii@
.................... .............. ......... .......... ... ............. ...............................
........ .............. ................................ ....... ........... .......................................... ....................... (SEAI.)
FIDI,',I,I'I'Y ANi) 1)1;1)osf,r (-,OMI)ANY 01-- NI N[)
A,i-i ........ .... ...... ----- Ily ......
--------------- ----------------------- - ------ ........
(@. M. SinyL-.1i, At-,Io ,@y
StJRI,:'I'Y ACKNOWI,I,'I)(;NIrN'I'
Virginia
c ..... .. ...... ............. ....... ......
........ @iclimond
l@4th Jaiiuary
0,@ ll,i, ..@ ..... ......... .......................... .... ..... .I;.y ,f ............
C. M. SiTlytIl
............ . ... .. ...... ... . ................ .......................................................... ................
......... Ri@,hmond
............................................
__,attoi-ney-i n-fact
x@ ............................................................. ------ -
IN" I)I:Illllll
[,y .Y ... .... I,y
My Coimjssion 1--Ixpires 6/8/92
INI)IVII)IJAI, ACKNOWI,ED(;Nll-,'N'I'
......................
0,@ li,i . ................. ............................ .l@'y @,f ..@. ..@ . I... 1-@, ....... ............... ..... 19@ ........
........... ............. ....... ........................ ....... .. ........ ...................... ............
k.... . .
.. .................................................................. ...................
I'Al('['NE[i,','Illl) A(:KNOWI,El)(;Ml-:N'I'
........................ ............
..................
O,, il@i@ ... .. . ...... ............
. . ....................... l) .........
. ....................... ........................... ................. ........... k...
.. ..... . .. .. .............. ....... .......... ........
------------------------ ..... ....................... ....................... . .......................
.. .................... @... II,, @i@ ... @ ..; ... @i I,,, i,,@t @f "i.1 fi,,@,.
........................... ................... ......................................
(:O I? [)O It A'r] 0 N A (:K N 0 W Nl 1-:N'I' N,@l.,y
S i vi rgi n i a
................... ......
Cotin ty Nort@-u --- mi)eri-a-nj-@ IS:
.......... ..... .... .... .....
22nd Jiine
........... I.............. ............................ 19 ...... .. . .....
L Eyn Dawson, Jr.
....... ..... ... ........ ...................................... ......... i,,g i,y
@@l , v ce
Bank of Morthtimberland, Tnc. ................
. ............
. .........
l,y lik@ .... l@,.
....... ..
CD
It
3
0
ew
0
P4
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"O.E 011"E.
KNo %NI) Df-,POSI'I'(-.ortPANY oi,, rvIA11YI,ANI). n ,f il,,
Sti,t, @f ti. PE(@OT, IR. . @"(1 (.. W. ROBlilmS
.... ..f I)Y Vi, S@,,!Ii ... 2, )f il@,! ltv-l,.., ,[ .i,]
l@ ... l,v ,rtifi,,] t,, b@, i,, f@,11 ff,,t n il@,,
(;ene F l@yon , SLeptieii B . Arno I d , C M. Srnytll , Paul C . Rogers
Sli i r] ey BoticitiraiiL and Josepti Anderson , a I I c) f R iclimond Virp in ia , EACII . . . . . .
any and all I)oiids and tindertat@ings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...... @ )f l,r ... nt', ),i ... li,,g "J."@
V, 1,@ ;,II ......... @,i if 11"! ...... 1,@,ig"(1 1,@ 11 ... ... g,,I,,,I, I.ffi.-,,rs ,f
i@ I it, i,@ Nl,l., i,@ il@,,ir ,,v,, 'rll i,,; power o artorney' revokes Lliat
i.ss,,,d n,i I)elia I f o f Gerie F . Lyoti , e t al , diice(i , O(,Lober 6 , 1 987
@.i(i S ... @,,,t@.ry I,,r,,b@ .@,tifv tl@.t ti@@ f,,r,g,,i.g is . t@.@, .py f Article %'I, S,,,Ai.n 2, of ti@e ,f
IN WIIF:Iil@:OF, tl,@ ,,i,i S@,,,.[.ry i,,hsc,il)e,i il,,i, .@ini,,, in,l tl@,
@t (I,, %Nl) DF:I'OSI'I' CoNfl),%N)' 01,' Nt - ------- ---------------- - ---------- I.N )f
Fel r@ia -)8 9
----------------
@%Nl) (:O@ll',%NY OF Ni@%IIYI,,%Nl)
................... .....................
................................... ...... -------I....................... fi - ------
Si
CIFI (IF 11,11.11,1111,v. FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK
O,, ti@is 6t[i f February k.]). 19 89 . li@@ N.,t., P@,I,Iic ,f ti,,, Sti@te )f
i,, .,@(i f,@, [l,,, (-,ity ,f @n,l A.,,i.@t.nt
,f tl.@ ANI) [)EI'OSI'I'(:ONII'ANY 01-@ NIAIIYI,ANI). t,, I,, ti@@ ,n,] ,ffi@,-rs
li@,, iiirt ... i.,,,i li@,), li@e ,f ti,e [,,ing b@
IN 'I']-:S'I'l@',IONY IX'Iif-:RF:OF, I 1,@r@,,ni. s,t ,,y .,@,i ffi.e(i .@y ()fficial S@.1, t li@,, (-.ity f ti@@ ].y ,n,]
),e.r first @,itien.
----------- -- ---------
ti ly --- ]---1290
Asgist,@,,t S@!,@iny ,f ti., FII)EI.Il'Y ANI) (:ONfl'ANY OF MAfil'T,AND. (I. I.... hy @,,iify il@@t
I...... @r @f Ati,,,,,@y f ii,e f(,reg@,i.g i@ a f'.11, ,.,l @:,,I,y, i., in f,,Il fo,(-,, n,i @.ffe(@t ,n il@,, ].Ie )f ilti.1
a,i,i I ],) (-@rtify ti@.t ili@ Vi,.-['resi(i@nt ,],. tl,e sni,l Atto,@e)- n, )f ti,, Vi(!,-
@l)@,-i.Ily by tl.e flo.r,l )f t. .[)p@,int ny Attomey-in-F.el as i,r,,,i,i@,d i,l Arti,l@ Vi, .,f
the By-l,.,,s ,f tit@ FII)ELII'Y ANI) I)E['OSI'I' COMPANY OF NIARYI.AND.
I'Iiis Crtificate may b. sign@d by f.,,simile tin@i@r ..,l by atitl,.,ity of the foll.,@i.g esoltiti.n f the B..,d f Dirftt.rq f li@e
ANI) R)EI'OSIT C()NFPANY OF MAI(YI,ANI) t a n ... ting d,,Iy @.11@d ..(l ],el,] on ti@e ]6th d.y f .1,@ly, 1069.
IIF:SOI.VEI): ... il@@ facsi.,il@ r .@e,.h.,@ic.ily repr(@,j-,l of ny As,,istant S-,@t.,y of ti@@ Co.pa.y. .1@eth@r n@a(l@
,r al,pe.ri.g ,Po,, a -@tifi,@(i !,)[)y ,f ny P.@e, f tt.",@,y by t]@@ sl@@ll I,, @.1i,l
..d l,i,,(Iiiig tile (:o,,,P..y @,itli il@@ an ... e force and @ffe(@t ;,s th( ... gi, antt.lly affi@ed."
IN rl,ES,[,, NIC)NY Wil@,REOF, f ),.@e lier@ ... @to s@,],wrib@d n,v ..n,e nd affi.@] flie co@r.te @l f ti@e @i,i C.n,p..y, tl@is
d.y,,f
1 76
-----------
X'I'IIAC'I'l@'lt()NI IIY-1,AWS OF AND DEIIOSI'I'COIVIIIANY OF MARYLAND
"A,ti,,I, Vi, ti@@, 130a,ti, o, ti@e ., any or atty,,f tlie S@,.i,,r Vi,@-
), @ 1- ]- I)y ti@@, B..r,l of I)ir@,,tors r l,y tl,e sliall l@R@e
[,y .,,,l f il,@ S@crefRy ., aiiy r ti@e A@si@int,t t(, ppoi,it Resi(i@.1
A,gsist..t an(] Att,,,n@y@-i.-F.et as tl,@ b,..gin@@., f tl@@ C.n,p..y n,.y r t. .,,th.ri,.. ..y p@,@. ., p.rso.9
)n 1)"I..If f ti,@ (@on,l)..y .,,y bon,l@, t.,t(lert.kingg, rec.gni-,,.n,.es, p.licies, !o.tra@t., ag,@,,ment@, dee(IS,
tll@ ,f affi@ li@,.
- 31 -
Item IV-L.3.
CONSENT AGENDA ITEM # 34349
Upon motion by Counci Iman Heischober, seconded by Counci lwoman McCianan, City
Council ADOPTED:
Resolution directing the Director of Finance to
authorize Citibank to issue and del Iver a new or
duplicate $5,000 General Obligation Public
Improvement Bond, Sertes 1987, bearing 6.60% annual
rate of interest, to Richard B. McCaulley,
7426 A I I en Dr 1 ve, Fa I I s Church, V I rg I n 1 a. Bond
Number R-10045 having been lost In the mall.
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, Reba S.
McCianan, Nancy K. Parker and Willlam D. Sessoms, Jr.
Council Members Voting Nay:
None
Councii Members Absent:
Mayor Meyera E. Oberndorf
1 A RESOLUTION.TO AUTHORIZE
2 REPLACEME BOND
3 WHEREAS, Mr. Richard B. McCaulley 7426 Allen Drive, Falls
4 Church, Virginia has affirmed that he is the sole legal and
5 benef icial owner of City of Virginia Beach, Virginia General
6 Obligation Public Improvement Bond, Series of 1987, numbered R-
7 10045, at $5,000 denomination, bearing 6.60% annual rate of
8 interest, dated May 15, 1987, and maturing May 1, 1991;
9 WHEREAS, Mr. McCaulley has also affirmed that the said
10 security has been lost in the mail; and
11 WHEREAS, Mr. McCaulley has complied with all legal
12 provisions to effect replacement of said security by providing
13 appropriate affidavits and indemnities.
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is
16 directed to authorize Citibank, N.A. , the Registrar on said bond
17 to issue and deliver to Mr. Richard B. McCaulley of 7426 Allen
18 Drive, Falls Church, Virginia a new or duplicate of the lost bond
19 in the amount of Five Thousand Dollars ($5,000).
20 Adopted by the Council of the City of Virginia Beach,
21 virginia, on the 23 day of April 1991.
22 CA-91-4113
23 RES\NONCODE\BOND-R.FRM APPROVP Ar, TO CONT-@,':S
24 R3
F,IC-NATURE
L
itiTY A-rtOIN'zy
E3R GROUP OF INSURANrE COMPANIES
@HUE3 tain View F@old, War, n New ie,,@(,,y o7o6o
FEDERAL INSURANCE COMPANY
BOND NO. TA48532
94929-109
BOND OF INDEMNITY
(OPEN PENALTY)
KNOW ALL MEN BY THESE PRESENTS, that
FEDERAL INSURANCE COMPANY
a corporation duly organized and existing under and by irtue of the
laws Of the State of Indiana and duly althorized to transact the
business Of Insurance in the State of New York and all other States in
the United States of America and having an office and place of
business in New York State at 100 William street, New @ork, N.Y.
10038, as Obligor (hereinafter called the "Obligor" is held and
firmly bound unto
CITY OF VIRGINIA BEACH, VIRGINIA
CITIBANK, N.A., NY
individually and/or as Trustee, Depositary, Fiscal, Paying or
Disbursing Agent, Registrar, Transfer Agent, (and unto any other
Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or
Agencies, Registrars and/or Transfer Agents), their respective legal
representatives, successors and assigns (hereinafter collectively
called "Obligeesit), in an aggregate sum, lawful money of the United
States of America, sufficient to indemnify the Obligees under the
conditions of this bond as hereinafter set forth, but not exceeding
the maximum amount for which Obligor may obligate itself on the date
of this bond in respect of any one risk or hazard under any law
governing the validity or performance of this bond, said sum to be
paid to obligees, their respective legal representatives, successors
or assigns, as interest may appear; for which payment well and trul-V
to be made the obligor binds itself, its legal representatives,
successors and assigns, jointly and severally, firmly by these
presents.
SEALED with its seal and executed in THREE counterparts the 2nd day of
October, iggo.
WHEREAS, the Obligor represents that RICHARD B. MCCAULLEY is/are the
unqualified owner(s) of $5,000 THE CITY OF VIRGINIA BEACH, VIRGINIA
5.5% OBLIGATION PUBLIC IMPROVEMENT BOND NUMBERED R10045 D'ATED 5/15/87
DUE 5/1/91, REGISTERED IN THE NAME OF RICHARD B. MCCAULLEY (such
security or securities being hereinafter called iforiginal" or
"originals-1), and that the same has/have been mislaid, lost,
destroyed, or wrongfully taken and cannot be found or produced, by
virtue of which the Obligor has requested Obligees to issue and
deliver to RICHARD B. MCCAULLEY or his/her/its order a new or
d,,-,'.icate instrumerit or instruments (hereinafter sometimes called
li@uplicatell or "duplicates"), or to pay to RICHARD B. MCCAULLEY or
credit to his/her/its account the amount due on said original or
originals without surrender or presentation thereof for cancellation
or stamping or for any other purpose; and
WHEREAS, on the faith of the foregoing representations and in
consideration of this bond of indemnity, Obligees have complied br
have agreed to comply with said requests.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if
the Obligor, the legal representatives, successors or assigns of the
Obligor or any of them, shall in case the original or originals be
found or come into the hands, custody or power of any of them, or
into the hands, custody or power of any person, deliver or cause the
same to be delivered unto Obligees in order to be cancelled, and
shall also at all times defend, indemnify and save harmless Obligees
from and against any and all claims, actions and suits, whether
groundless or otherwise, and from and against any and all
liabilities, losses, damages, costs, charges, counsel fees and other
expenses of every nature and character by reason of the original or
originals and/or the issuance of a duplicate or duplicates in lieu
thereof or in lieu of any instrument or instruments of purported like
issue and amount which because of alteration, change or counterfeit
may or may not be identified as the said mislaid, lost stolen or
destroyed original or originals, or the making of any payment,
credit, transfer, registration, conversion, exchange, or delivery in
respect of the original or originals without surrender thereof and/or
in respect of the duplicate or duplicates, whether or not caused by
based upon or arising out of the honoring or refusing to honor the
original or originals when presented by anyone, and/or whether or not
caused by, based upon, or arising out of inadvertence, accident,
oversight or neglect on the part of obligees, or any of them, or
their respective officers, agents, clerks or employees and/or
omission or failure to inquire into, contest or litigate the right of
any applicant to receive any payment, credit, transfer, registration,
conversion, exchange, issue or delivery in respect of the original or
originals and/or the duplicate or duplicates issued in lieu thereof,
and/or caused by, based upon or arising out of the release of any
security or the satisfaction of any instrument or instruments, under
which the original or originals and/or duplicate or duplicates are
issued or secured, and/or caused by, based upon or arising out of any
other matter or thing whatsoever, then this Obligation shall be void;
otherwise shall remain in full force and effect.
Obligor further agrees that if the mislaid, lost, stolen, or
destroyed original or originals be found or come into the hands,
custody or power of any person or into the hands, custody or power of
the Obligees or any of them for any purpose other than cancellation
without reissue, the Obligor will forthwith on demand obtain and
deliver to the Obligees either such original or originals or such
duplicate or duplicates or will pay to the obligees a sum of money
sufficient to enable the obligees to purchase in the open market
securities of the same issue and amount as the original or originals.
Obligor further agrees that, in case of any default under the
conditions of this bond, the Obligor waives and releases any and all
right or claim against Obligees, or any of them whether by way of
subrogation or otherwise, for any loss, expense or liability incurred
by the Obligor caused by, based upon or arising out of the
enforcement of this bond by the Obligees or any of them. (No
inaccuracy in the description of the securities herein referred to as
original or originals shall alter, modify or affect the obligations
of the Obligor hereunder.) Obligor agrees that its liability
hereunder shall be absolute, subject only to the conditions herein
expressed.
FEDERAL INSURANCE COMPANY
. ...........
vtorney-in-Fact
CHUBB, & S-0@' INC. MAIL INSURANCE
a@Inage,
- - - - 10b W,Ili@tn Str*eet. New Yo,k, Ne@ Yo,k 10038 @FIDAVIT AND AGREEMENT
FEDERAL INSURANCE COMPANY
SECTION I DESCRIPTION OF SECURITIES MAILED BY:
CITIBANK, N.A. FILEO 501352
CITIBANK, N.A.
20 EXCHANGE PLACE, 17th FL POLICY NO. UBS 94929
PLACE OF MAILING: NEW YORK, N.Y. 10043 BOND NO@7871262
DATE OF MAILING: 8/1 6/8 9 AFFIDAVIT NO.:
RICHARD B McCAULLEY
MAILED TO: 7426 ALLEN DR NO, OF SHARES:
FALLS CHURCH VA 22046
CERTIFICATENO.: R-10045
REGISTERED OWNER. RICHARD B MCCAULLEY
VALUE PER SHARE,
THE CITY OF VIRGINIA BEACH, VIRGINIA 5.50%
CORPORATION: OBLIGATION PUBLIC IMPROVEMENT BONDS TOTAL VALUE: $ 5 , 0 0 0. 0 0
DTD 5/15/87 - DUE 5/1/1991
CLASS OF STOCK: DATE: 7-24-90
SECTION 11 STATEMENTS CONCERNING THE SECURITIES DESCRIBED ABOVE
Deponent knows that this affidavit will be used in support of application to the issuing corporation and its transfer agents and registrars for the issu-
ance under indemnity of new securities to replace the ones lost, and to the Insurance Company under the provisions of the insurance carried by the
Sender.
Deponent is advised by the CITI BAN K, N. A. that the securities described above were mailed via United States Mail as described above:
Said securities ha@e ne@er been received by the addressee named above nor by anyone acting on behalf of the addressee, or by the registered owner
named above nor by anyone acting on behalf of the registered owner;
If the affiant is a firm or corporation. the deponent is authorized to make this affidavit on behalf of the fi,m or corl)oration. by virtue of holding the
position or title indicated.
The word' securities" mentioned herein shall mean one or more than one particular inst,ument or document described in Section I above.
SECTION Ill TO BE COMPLETED BY ADDRESSEE ONLY
STATE OF VIRGINIA TIMOTHY L. MARIS
CIT F RICHMOND (Pi.... Prinl) N.@. .1 D.p.n..t
IMPORTANT: Attiant must sign each copy as an originai
Th. u@d@,,ign.d, b.ing d@l, @@.,n, d,p.@.@ .@d @.Y. h.,:
A. F@@h @@d@ i@ @cli.. It b.@. 1, I,.. 1. Ih. @@t
k@..[@dg. .,d b.li@f f d.p.n.nt;
B. Sh.u@d @h@ int. h. f h@ Ili.@t,
th@ ill b. @,@r,@d i@@.di.l@ly 1. th@ b.@. .@,u,@d. n. I
CD.@@@-I h., .@d.,@.d th@ @.id ... @., @.1d, .@. SUBSCRIBED iND SWORN TO BEFOFIE ME
@ign@d. pl@dg@o, hyp.1h@@.t,d ., di@p.@d .( th@ @@,e
@o
A. V. P. SIGNET TRUST COMPANY D.t.
P.@iti.n ., Titi@ Fi,. .1 C.1p.l.ti.., Wh.r. Applic.bi. (Date of e.piralion of comi al of the Notary must be
affi.ed hereto)
P.O.BOX 26311
Add....
c@'I
IIA.23261
p c.,.
SECTION IV TO BE COMPLETED BY REGISTERED OWNER OR HIS DULY AUTHORIZED REPRESENTATIVE WHERE REGISTERED OWNER
IS OTHER THAN THE ADDRESSEE.
STATE OF VIRGINIA RICRARD B McCAnLEY
(PI.... Pri@1) N.@. f O.p.@.@t
COUNTY OF FAIRFAX IMPORTANT: Afflant must sign each copy as an original
Th. u@d@,@ign.d, b@i@g du:y @w.,@. d.,.@@. .@d @.y@ th.t
A. E.@h m@d. i@ S@di.n 11 b.@. i@ t,u. 1. th. b@,t
k@.M@dg. nd b.11.1 f d.p.@.@t;
B. Sh.uld th. @.@urili@@ .@., c.m. j@lo th. f th. fli.nl,
th. s@@.,ilie@ @ill b@ r@tur@ed i.@.di.t.ly h@ b.@@ .@s@,@d.
(Pi.... P,Int)
D.t.
P.@iti.n o (Date of expiration of commisslon as well as.seal @f t'a must be
affixed hereto)
7426 ALLAN AVE
FALLS CHURCII,VA.22046
Clty. St.t., Zip C.d.
SECTION V ASSUMPTION OF LIABILITY ENDORSEMENT
hereby assume liability under Blanket Bond No. 7871262 in respect to the securities alleged to ha,e been lost, destroyed or wrongfully taken
s described abo@e.
FEDERAL INSURANCE COMPANY
lgned, sealed and dell@e,ed
DATE: BY
r@ 30-10-4 71 R
- 32 -
Item IV-L.4.
CONSENT AGENDA ITEM # 34350
Upon motion by Counci lman Heischober, seconded by Counci fwoman McClanan, City
Council ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $1,200 to the Library
Department's special gift fund re purchase of a
Diagnostic Software Package.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazler, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
I AN ORDINANCE TO APPROPRIATE $1,200
2 TO THE LIBRARY DEPARTMENT'S SPECIAL GIFT FUND
3 FOR THE PURCHASE OF A DIACNOSTIC SOFTWARE PACICAGE
4 WHEREAS, in November 1987, the Library Department install@d j, new central
5 processing unit to support inventory and circulation of over 600,000 items and
6 has updated the system three times since its installation due to greater than
7 anticipated demands;
8 VHEREAS, to meet current projected demands, the Library Department has
9 used a diagnostic software package on a trial basis to increase the system's
10 response capability;
11 WHEREAS, the purchase of the software will cost $1,200 with funding to be
12 provided from private donations collected and residing in the fund balance of
13 the Library Department's Special Gift Fund.
14 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
15 VIRGINIA, that funds in the amount of $1,200 be appropriated from the fund
16 balance of the Library Department's Special Gift Fund for the purchase of the
17 diagnostic software package;
18 This ordinance shall be effective from the date of its adoption.
19 Adopted by the Council of the City of Virginia Beach, Virginia on the
20 23 of April 1991.
21 First Reading
22 Second Reading
23
@Approved as to Content
24 Walte C. KraeZ, i
25
0 Office of Budget and Evaluatio,
- 33 -
Item IV-L.5.
CONSENT AGENDA ITEM # 34351
Upon motion by Counci Iman Heischober, seconded by Counci twoman McCianan, City
Council ADOPTED:
Ordinance authorizing tax refunds In the amount of
$18,681.80 upon appi ication of certain persons and
upon certification of the City Treasurer for
payment.
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, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
FORM NO. C.A. 7 4/4/91 E@IC
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- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Eva M. Burton 86 RE(1/2) 13702-1 12/4/85 162.37
Eva M. Burton 86 RE(2/2) 13702-1 6/3/86 162.37
Eva M. Burton 87 RE(1/2) 14535-1 12/4/86 161.70
Eva M. Burton 87 RE(2/2) 14535-1. 6/4/87 161.70
Eva M. Burton 88 RE(1/2) 15148-6 12/3/87 228.39
Eva @l. Burton 88 RE(2/2) 15148-6 6/5/88 199.34
Eva M. Burton 89 RE(1/2) 15729-2 12/5/88 237.58
Eva M. Burton 89 RE(2/2) 15729-2 6/2/89 237.58
Eva M. Burton 90 RE(1/2) 15805-6 12/5/89 253.84
Eva M. Burton 90 RE(2/2) 15805-6 6/4/90 253.84
R. G. Moore Bldg. Cor.o. 88 RE(1/2) 74524-7 12/5/87 87.53
R. G. Moore Bldg. Corp. 88 RE(2/2) 74524-7 8/1/88 89.91
Diamond Springs Assoc. 90 RE(1/2) 29041-1 12/5/89 2,955.48
Frank V. Harrell 91 RE(1/2) 47820-9 3/14/91 36.91
D. J. Dee, Jr. et als 91 RE(1/2) 0-8311-5 11/30/90 159.67
American Home Funding 91 RE(1/2) 41098-7 12/3/90 1,227.88
Um Ki & Inja Bong 91 RE(1/2) 116741-8 3/19/91 62.79
Luther E. Becraft 91 RE(1/2) 7837-4 11/14/010 13.21
Kelly D. Ei@iell @!/A Bike 86101A 3/21/91 1.00
Robert Persinger @,/A Pkng LOST 2122191 10.00
Total 6,703.09
This.ordinance shall be effective from date of adoption.
The ment(s) totaling Ci
ape'v@O!P@6 were approved by
the Council of the City of Virginia
Beach on the 23 day of 991
Jo
Approved as to form:
Ruth Hodges Smith
City Clerk
FORM NO. C.@. 7 3/18/91 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 I nt. Total
Year of Tax Number tion No. Paid
Pender & Coward 79 RE 51265-9 2/15/91 85.84
Paulson & Associates 89 RE 50157-0 2/28/91 693.80
Sovran Mortgage Corp 87 RE(1/2) 34544-8 12/5/86 31.80
Sovran Mortgage Corp 87 RE(2/2) 34544-8 6/5/87 31.80
Sovran Mortgage Corp 88 RE(1/2) 35765-6 12/5/87 34.86
Sovran Mortgage Corp 88 RE(2/2) 35765-6 6/5/88 34.86
Sovran Mortgage Corp 89 RE(1/2) 36957-1 11/29/88 36.38
Sovran rlortgage Corp 89 RE(2/2) 36957-1 5/24/89 36.38
American Home Funding 88 RE(1/2) 118118-4 12/5/87 35.08
American Home Funding 88 RE(2/2) 118118-4 6/1/88 35.08
American Home Funding 89 RE(1/2) 121574-4 12/5/88 36.60
American Home Funding 89 RE(2/2) 121574-4 5/31/89 36.60
American Home Funding 90 RE(1/2) 123804-9 12/5/89 39.08
American Home Funding 90 RE(2/2) 123804-9 6/5/90 39.08
William T & Shirley Alexander 90 RE(1/2) 1509-5 12/4/89 62.21
William T & Shirley Alexander 90 RE(2/2) 1509-5 6/5/90 24.43
Chevron USA Inc 90 RE(1/2) 20030-3 11/24/89 25.79
Chevron USA Inc 90 RE(2/2) 20030-3 5/30/90 25.79
Sovran Bank NA 91 RE(1/2) 74414-5 12/5/90 258.00
Sovran Mortgage Corp 91 RE(1/2) 70626-7 11/27/90 68.63
Sovran Mortgage Corp 91 RE(1/2) 87511-9 11/27/90 2,908.45
Junelle L. Banks 90 pp 225119-0 1/23/91 13.17
Bruce H. Godfrey 91 Doa V18873 2/8/91 2.00
Total 7,595.71
This ordinance shall be effective from date of adoption.
The ement(s) totaling c
were approved by
the Council of44e City of @iprp!Ta
@ day of
Beach on the-- 1991
Approved as to form:
Ruth Hodges Smith
City Clerk
e . Iley, City Attor
I
-ORM 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, VIPIGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Investors Savings Bank N/A RE r, 2 14 8/28/90 1,521.70
Investors Savings Bank 89 RE(1/2) 41614-6 12/8/89 499.58
Investors Savings Bank 80, RE(2/2) 41614-6 12/8/89 478.29
Goldie Associates 90 RE(1/2) 42248-5 12/1/89 512.93
Investors Savings Bank 90 RE(2/2) 42248-5 5/24/90 422.71
First Nat'l Bnk of Gainesvill9l RE(1/2) 124289-0 11/26/90 947.79
Total 4,383.00
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$4,383-00 were approved by
the Council of the City of Virginia
Beach on the 23 -day OfApril, 199.1
Approved as to form:
Ruth Hodges Smith
City Clerk
L
3/29/91 Er!C
FORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
Investors Savings Bank N/A RE G 2 14 8/28/90 1,521.70
Investors Savings Bank 89 RE(1/2) 41614-6 12/8/89 499.58
Investors Savings Bank 89 RE(2/2) 41614-6 12/8/89 478.29
Goldie Associates 90 RE(1/2) 42248-5 12/1/89 512.93
Investors Savings Bank 90 RE(2/2) 42248-5 5/24/90 422.71
First Nat'l Bnk of Gainesvill9l RE(1/2) 124289-0 11/26/90 947.79
Total 4,383.00
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c ed as to pay
$4,383.00 were approved by
the Council of the City of Virginia
Beach on the 23- day of 1 1991 T. Atkin@on-Tregs@urer
Approved as to form:
Ruth Hodges Smith
City Cierk
Lf
- 34 -
Item IV-M.1
PUBLIC HEARING ITEM # 34352
PLANNING
Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING on:
PLANNING
(a) STEVEN P. FENTRESS VARIANCE
(b) BREEZE-IN ASSOCIATES RECONSIDERATION OF CONDITIONS
(LASSITER AND ASSOCIATES)
CONDITIONAL USE PERMIT
(c) OCEANA CHURCH OF CHRIST CONDITIONAL USE PERMIT
(d) TIDEWATER TOWING, INC. CONDITIONAL USE PERMIT
(e) WALTER F. SULLIVAN, CHANGE OF ZONING
Bishop of the Roman Catholic Diocese DISTRICT CLASSIFICATION
(f) LYLE T. AND MARY E. SMITH RECONSIDERATION OF CONDITIONS
(g) CITY OF VIRGINIA BEACH CONDITIONAL ZONING CLASSIFICATIONS
- 35 -
Item IV-M.I.a.
PUBLIC HEARING ITEM # 34353
PLANNING
Steven P. Fentress, the applicant, represented himself
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council APPROVED the application of STEVEN P. FENTRESS for a Variance to
Section 4.4 (b) of the Subdivision Ordinance which requires that all lots
created by subdivision meet all requirements of the City Zoning Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Steven P. Fentress.
Property is located at 5021 Broad Street. BAYSIDE
BOROUGH.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones and Paul J. Lanteigne
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Abstaining:
William D. Sessoms
Council Members Absent:
Mayor Meyera E. Oberndorf
Councilman Sessoms ABSTAINED as he is an employee of CENTRAL FIDELITY BANK, who
holds a deed of trust on an adjoining piece of property and might hold a deed
of this trust on this property.
- 36 -
Item IV-M.I.b.
PUBLIC HEARING ITEM # 34354
PLANNING
J. Ran da II Royal , Vice Presi dent - Eng l neer! ng Services, Inc. - Arch!tect tor
the Project, 3351 Stoneshore Road.
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Jones, City Counci I
APPROVED the application of BREEZ-IN ASSOCIATES for the RECONSIDERATION of
CONDITIONS: Application ot LASSITER AND ASSOCIATES for a CONDITIONAL ZONING
CLASSIFICATION from A-12 to B-2 (APPROVED May 29, 1990); AND, ADOPTED an
Ordinance upon application of BREEZ-IN ASSOCIATES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BREEZ-IN ASSOCIATES
(LASSITER AND ASSOCIATES APPROVED 5/29/90) FOR A
CONDITIONAL ZONING CLASSIFICATION FROM A-12 TO B-2
Z05901285
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Breez-ln Associates
(Lassiter and Associates) for a Conditional Zoning
Classification from A-12 to B-2 on certain property
located at the southeast intersection of Lynnhaven
Parkway and Indian River Road. The parcel contains
3.124 acres. More detailed Information is available
in the Department of Planning. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF BREEZ-IN ASSOCIATES
(LASSITER AND ASSOCIATES APPROVED 5/29/90) FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION R05901302
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Breez-ln Assoclates
(Lassiter and Associates) for a Conditional Use
Permit for an automobile service station on certain
property located at the southeast Intersection of
Lynnhaven Parkway and Indian River Road. Said
parcel contains 3.124 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The approved site plan shall be modified, as
proffered by the applicant on Apr! 1 23, 1 991 . The
modified design maintains the previously approved
entrances, as well as the extensive landscape
treatments Included In the previously approved
plan. A primary change Involves the establishment
of a second buildling Intended to be located on the
site. Whlle the previously approved plan depicted
only one building, the two buildings included with
the new plan actually reduce the total floor area
avallable for use on the site. The newly submitted
design shows a convenience store/gasoline station
as the primary use for the site.
2. An amended agreement compassing proffers shall be
recorded in the Clerk's Office of the Circuit Court
and is hereby made a part of the proceedings.
- 37 -
Item IV-M.l.b.
PUBLIC HEARING ITEM # 34354 (Continued)
PLANNING
Voting: 8-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
William D. Sessoms, Jr.
Council Members Voting Nay;
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
Co LU d
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OOSSV NI-Z33)1
lo.. @o. @.S. 18
INTER-OFFICE CORRESPONDENCE
in Reply Refer To Or File No. CA-4099
DATE: April 17, 1991
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress@( DEPT: City Attorney
RE: Breeze-In Associates
Reconsideration of Conditions
Amendment Agreement
Council Action Date: April 23, 1991
The referenced property owner previously received the
Council's approval of a conditional rezoning for the property that
is the subject of the current application. The applicant is now
requesting that condition number four (4) of the previous proffer
agreement be amended. The enclosed amendment agreement will
accomplish such purpose, while providing that all other terms and
provisions of the proffer remain in full force and effect. The
agreement is acceptable as to legal form.
If any questions remain, please advise.
GLF/dhh
Enclosure
AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
CITY OF VIRGINIA BEACH
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND
CONDITIONS, Made this day of February, 1991, by and between
LASSITER & ASSOCIATES, INC., a Virginia corporation, title
holder, berein referred to as Grantor, BREEZ-IN ASSOCIATES, a
Virginia General Partnership, herein referred to as Contract
Purchaser, and the CITY OF VIRGINIA BEACH, a municipal corpora-
tion of the Commonwealth of Virginia, hereinafter referred to as
Grantee;
W I T N E S S E T H
WHEREAS, the Grantor has previously initiated an
amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition of the Grantor addressed to the Grantee,
so as to change the classification of the Grantor's property
(hereinafter referred to as the Property) from A-12 to B-2
Limited Community Business District on certain property
containing 3.124 acres, more or less, located at the Southeast
Corner of Lynnhaven Parkway and Indian River Road, in the City of
Virginia Beach, generally known as Lot 1B, as shown on that
certain plat entitled, Gum Swamp, which plat is duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach in Map Book 39, at page 19. It being the property acquired
by the Grantor by deed recorded in the aforesaid Clerk's Office
in Deed Book 1655, at page 72; and
WHEREAS, Grantor's previous request to amend the Zoning
Map of the City of Virginia Beach, Virginia to change the classi-
fication of Grantor's property as set forth above was approved by
the City Council of the City of Virginia Beach, Virginia subject
to certain conditions accepted by Grantor, which conditions are
set forth in "Proffered Covenants, Restrictions and Conditions"
dated April 24, 1990, executed by Grantor, and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 2913 at page 526; and
WHEREAS, the Contract Purchaser has requested the City
Council of the City of Virginia Beach, Virginia to modify and
amend Proffer Four of the "Proffered Covenants, Restrictions and
Conditions" recorded in Deed Book 2913 at page 526, which
amendments and modifications are set forth herein; and
WHEREAS, the amendinents and modifications to Proffer
Four have been approved by the City Council of the City of
Virginia Beach, Virginia, as evidenced by the certified copy of
the City Council ordinance attached hereto and made a part
hereof;
NOW THEREFORE, the Grantor, and Contract Purchaser for
themselves, their heirs, personal representatives, assigns,
tenants, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning use permit, rezoning, site
plan, building permit or subdivision approval hereby makes the
following amended and modified declaration of conditions,
covenants, and restrictions as to the physical development and
operation of the property and governing the use thereof and
hereby declares that they shall be covenants and equitable
servitudes running with the property, which shall be binding upon
the property and upon all parties and persons claiming under, by
or through the Grantor, the Contract Purchaser, their heirs,
personal representatives, assigns, tenants, grantees and other
successors in interest or title, namely:
PROFFER FOUR: Proffer four is amended and modified to
read as follows: The site plan entitled "Preliminary Site Plan
of Breez-In at Indian River Road and Lynnhaven Parkway" dated
February 26, 1991, prepared by Engineering services, Inc., Civil
Engineers and Land Surveyors, which has been exhibited to the
City Council of the City of Virginia Beach, virginia and is on
file with the Virginia Beach Department of Planning shall be
substantially adhered to so that there shall be coordinated
development of the site in terms of design, parking layout, and
access, traffic control and circulation within the site, and
access to, and ingress and egress from Indian River Road and
Lynnhaven Parkway reasonably acceptable to traffic engineering.
The proposed buildings shall be constructed in substantial
conformity with the color architectural rendering entitled,
"Rendering of Proposed Buildings at Breez-In Site, Lynnhaven
Parkway and Indian River Road, dated February 26, 1991", which
rendering has been exhibited to the City Council of the City of
Virginia Beach, Virginia and is on file with the Virginia Beach
Department of Planning. All buildings shall be constructed with
the same type of building materials and colors in substantial
conformance with the rendering. All roofs, including the gas
pump canopy, shall also be of similar design, color, and
materials in substantial conformance with the rendering. The
facade on the backs of the buildings shall match the brick on the
front. The sides of the buildings facing streets shall be "non-
rear" type treatments. Either windows or doors (real or I
simulated) or some type of architectural treatment of the brick
facade shall be incorporated in the final design of these
buildings. Additionally, a freestanding monument-type sign shall
be provided where indicated on the site plan. This sign shall be
eight feet (81) or less in height and in accordance with all City
ordinances and regulations.
All of the terms, conditions, covenants, servitudes
and agreements set forth in "Proffered Covenants, Restrictions
and Conditions" dated April 24, 1990, and recorded in the
aforesaid Clerk's Office in Deed Book 2913 at page 526, save and
except Proffer Four as specifically amended and modified herein,
shall remain in full force and effect, running with the property
and binding upon the property and upon all parties and persons
claiming under, by or through the Grantor, the Contract
Purchaser, its heirs, personal representatives, assigns, tenants,
and other successors in interest or title.
WITNESS the following signatures and seals.
LASSITER & ASSOCIATES, INC.
By,' <:
Rocco Lassi+-Ar, President
BREEZ-IN ASSOCIATES, a Virginia
General Partnership
By:
David Bogese, General Partner
STATE OF VIRGINIA
CITY OF V ,, i , @ , I , ;, @, I to-wit:
The foregoing instrument was acknowledged before me
thisl @"' day ofi)@i, I 1 1991, by Rocco Lassiter, as President
of Lassiter & Associates, Inc., a Virginia corporation, on
behalf of said corporation.
Notary P14plic
My commission expires:
STATE OF VIRGINIA
CITY OF './ i ... I to-wit:
The foregoing instrument was acknowledged before me
this day of I 1 1991, by David Bogese, as General
Partner of Breez-In Associates, a Virginia General Partnership on
behalf of said partnership.
Notary Public
My commission expires:
- 38 -
Item IV-M.l.c-
PUBLIC HEARING ITF-M # 34355
PLANNING
Richard A. Sterling, Trustee - Oceana Church of Christ
J. Gregory Dodd, 164 South George Washington Highway, Chesapeake, Phone: 487-
4535, represented the Agent but WAIVED right to speak.
Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of OCEANA CHURCH OF CHRIST for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OCEANA CHURCH OF
CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH
(PARKING LOT EXPANSION) R04911364
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Oceana Church of
Christ for a Conditional Use Permit for a church
(parking lot expansion) on Lots C, D, E , J, K, L,
M and a portion of a 20-foot lane, Oceana Gardens.
The parcel is located at 1460 Virginia Beach
Boulevard and contains 1.5176 acres. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Right-of-way dedication is required along both
Garcia Drive and Scott Bend Lane to provide for
standard 50-foot rights-of-way. Approximately 10
feet of right-of-way dedication will be required.
2. A right-of-way dedication is required along the
frontage on Virginia Beach Boulevard to provide for
a four-lane divided right-of-way. Approximately 10
feet of right-of-way dedication will be required.
3. Indigenous vegetation on the site will be preserved
to the greatest extent possible. Protection
measures will be identified on the final site plan
and reviewed during detailed site plan review.
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 Twenty-
third day of April, Nineteen Hundred and Ninety-One.
- 39 -
Item IV-M.l.c.
PUBLIC HEARING ITEM # 34355 (Continued)
PLANNING
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 40 -
Item IV-M.l.d.
PUBLIC HEARING ITEM # 34356
PLANNING
Letter from Harold Gallup Consulting, dated April 19, 1991, requesting
WITHDRAWAL is hereby made a part of the record.
Upon motion by Councilwoman McCianan, seconded by Councllman Baum, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of TIDEWATER TOWING, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER TOWING,
INC. FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE
OF AUTOMOBILES
Ordinance upon application of Tidewater Towing,
Inc. for a Conditlonal Use Permit for bulk storage
of automobiles at the northeast corner of Dorset
Avenue and Southern Boulevard. The parcel is
located at 120 Droset Avenue and contains 2.409
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, Reba S.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 41 -
Item IV-M.I.e.
PUBLIC HEARING ITEM # 34357
PLANNING
Senator Moody E. Stallings, Jr., 3330 Pacific Avenue, represented the applicant
and requested WITHDRAWAL. Letter of Apri 1 18, 1
hereby made a part of the record. 991, requesting WITHDRAWAL is
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION, but
was not OPPOSED to the WITHDRAWAL.
Upon motion by Counci 1woman McClanan, seconded by Counci Iman Heischober, City
Council ALLOWED WITHDRAWAL of an Ordlnance uoon applicatio, of WALTER F.
SULLIVAN, Bishop of the Roman Catholic Diocese, f'or a Change of Zoning:
ORDINANCE UPON APPLICATION OF WALTER F. SULLIVAN,
r
BISHOP OF THE ROMAN CATHOLIC DIOCESE FOR A CHANE
OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO 0-2
Ordinance upon application of Walter F. Su I I Ivan,
Bishop of The Roman Catholic Diocese for a Change
of Zoning District Classification from AG-2
Agricultural District to 0-2 Office District on the
west side of General Booth Boulevard, 432 feet more
or less north of London Bridge Road. The proposed
zoning classification change Is for office land
use. The Comprehensive Plan reccmmends use of this
parcel for residential development at a density no
greater than 3 dwel ling units per acre. The parcel
contains 6.290 acres. PRINCESS ANNE 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, Louts R. Jones, Paul J. Lanteiqne Reba S.
McCianan, Nancy K. Parker and William D. S-ess'oms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 42 -
Item IV-M.l.f.
PUBLIC HEARING ITEM # 34358
PLANNING
Lyle T. Smith, 2033 Salem Road, the applicant, represented himself
Upon motion by Councilman Heischober, seconded by Councllman Baum, City Council
APPROVED the 14odification of the Condition for RECONSIDERATION OF CONDITIONS in
the May 15, 1989, Approved application of LYLE T. and MARY E. SMITH for a
Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots
being created in the R-6 Residential District have a lot wldth of 75 feet.
Appeal from Declsions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Lyle T. & Mary E. Smith.
Property Is located at 2033 Salem Road. Plats with
more detailed Information are available In the
Department of Planning. KEMPSVILLE BOROUGH.
The following condition shall be DELETED:
Three (3) year temporary variance to the Subdivision Ordinance.
Voting: 9-0
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 and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
- 43 -
Item IV-M.l.g.
PUBLIC HEARING ITEM # 34359
PLANNING
W. Andrew Burke, Director of Economic Development, reiterated a history of the
project.
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant
The following registered in OPPOSITION:
Dennis Clark, 4730 Princess Anne Road, Phone: 495-6000, represented the
Larkspur Civic League, believed the concept was good; however, addressed
concerns relative traffic congestion on Independence Boulevard, specifically
at the Baxter Road intersection.
George B. DeLano, 521 Buffer Drive, represented the Larkspur Civic League, and
distributed a statement relative recommended amendments to the proffers. Said
statement is hereby made a part of the record. Mr. DeLano was advised the
proffers had been amended.
George T. Byrd, Jr., 4343 Babbling Brook Drive, Phone: 497-4119. Mr. Byrd
requested when Parcel E Is platted, the easesment be provided.
Harold "Petell Booterbaugh, 4847 Kempsville Green Parkway, Phone: 474-8124,
represented the Kempsville Greens Civic League and spoke relative traffic
congestion.
Upon motion by Councilman Clyburn, seconded by Councilman Sessoms, City Council
ADOPTED Ordinances upon application of the CITY OF VIRGINIA BEACH for
Conditional Zoning Clasificatlons:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM
R-10 TO B-3 Z04911306
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia
Beach for a Conditional Zoning Classification from
R-10 Residential District to B-3 Central Business
District on certain property located 250 feet more
or less southwest of Independence Boulevard
beginning at a point 950 feet more or less
southeast of Baxter Road. The proposed zoning
classification change is for Central Business
District commercial land use. The Comprehensive
Plan recommends use of this parcel for single
family residential land use. Said parcel contains
3.79 acres. KEMPSVILLE BOROUGH.
A N D,
- 44 -
Item IV-M.l.g-
PUBLIC HEARING ITEM # 34359 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR CONDITIONAL ZONING CLASSIFICATION FROM
1-2 TO B-3 Z04911307
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordlnance upon application of The City of Virginia
Beach for a Conditional Zonlng Classification from
1-2 Heavy Industrial District to B-3 Central
Business District on certain property located on
the southwest side of Independence Boulevard
beginning at a point 600 feet more or less
southeast of Baxter Road. The proposed zoning
classification change is for Central Buslness
District commercial land use. The Comprehensive
Plan recommends use of this parcel for industrial
land use. Said parcel contains 8.16 acres.
KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM
B-2 TO B-3 Z04911308
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The City ot Virglnia
Beach for a Conditional Zoning Classification from
B-2 Community Business District to B-3 Central
Business District on the following parcels:
Parcel 1: Located at the southeast intersection of
Independence Boulevard and Baxter Road.
Parcel 2: Located on the southwest side of
Independence Boulevard beginnlng at a point 860
feet more or less southeast of Baxter Road.
The proposed zoning classification change Is for
Central Business District commercial land use. The
Comprehensive Plan recommends use of this parcel
for commercial and multi-family land use. Said
parcels contain 13.43 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The Site Plan presented to City Council on April
23, 1991, shall be the official PLAN for
development.
2. The City Manager is authorized to execute the
Proffer Agreement which shall be recorded with the
Clerk of the Circuit Court and is hereby made a
part of the proceedings.
- 45 -
Item IV-M.l.g.
PUBLIC HEARING ITEM # 34359 (Continued)
PLANNING
Th I s Ord i nance sha I I be ef f ect I ve I n accordance w I th Sect i on 107 (f ) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third day of April, Nineteen Hundred and Ninety-One.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Councll Members Absent:
Mayor Meyera E. Oberndorf
7 /1@, K ?l Y,
ic
INTER-OFFICE CORRESPONVENCE
in Reply Refer To Our File No. CA-4088
DATE: April 17, 1991
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress DEPT: City Attorney
RE: City of virginia Beach
25.4 Ac. of Property
Located at Independence Boulevard and Baxter Road
Conditional Rezoning
Proffer Agreement
Council Action Date: April 23, 1991
The enclosed prof f er agreement has been prepared and submitted
in connection with the City's rezoning application for the
referenced ProPerty. Should the Council approve this application
it should also authorize and direct the City Manacjer to execute the
agreement on behalf of the City. The agreement is acceptable as
to legal form.
GLF/dhh
Enclosure
COVENANTS, RESTRICTIONS AND
CONDITIONS PROFFERED PURSUANT TO
SECTION 107(h) OF THE ZO.NING
ORDINANCE OF THE CODE OF THE CITY OF
VA BEACH, VIRGINIA.
The City of Virginia Beach, Virginia, a municipal
corporation of the Commonwealth of Virginia, hereinafter referred
to as "Grantor," hereby declares pursuant to Section 107 (h) of the
Zoning ordinance of the Code of the City of Virginia Beach,
Virginia that the following conditions shall be applicable to "the
property" described below.
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of virginia Beach, Virginia, by petition of
the Grantor addressed to the, Council of the City of Virginia
Beach so as to change the classification of the Grantor's property
from B-2, I-2, and R-10 to B-3, on certain property containing a
total of 25.4 acres, more or less, in Kempsville Borough, in the
City of Virginia Beach, Virginia, said property being referred to
hereinafter as "the property," and being generally described as
follows:
PARCEL ONE:
All that certain lot, tract or parcel of land together
with improvements thereon belonging, lying, situate and
being in the City of Virginia Beach, Virginia and
designated and described as : "PROPERTY CONVEYED TO THE
CITY OF VIRGINIA BEACH, AREA = 6639 SQ. FT. = 0.152
ACRES," as shown on that certain plat entitled: "PLAT
SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH
FROM JOHN E. & Jean H. MORDICA KEMPSVILLE BOROUGH --
VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING
ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF
VIRGINIA BEACH, VIRGINIA SCALE: 111 = 301 DATE: FEBRUARY
28, 1990.11 Said plat was recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia in map book 209, at page 46, to which reference
is made for a more particular description.
It being the same property conveyed to the City of
Virginia Beach, a municipal corporation of the
Commonwealth of Virginia, by deed from John E. Mordica,
et ux, dated December 6, 1990, and recorded in the
Clerk's Office of the City aforesaid in Deed Book 2957,
at page 204.
PARCEL TWO:
Allthat certain lot, tract, or parcel of land together
with improvements thereon belonging, lying, situated, and
being in the City of Virginia Beach, Virginia, and
designated and described as: "PROPERTY CONVEYED TO THE
CITY OF VIRGINIA BEACH TOTAL AREA = 10.463 ACRES" as
shown on that certain plat entitled: "PLAT SHOWING
PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA
BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH,
VIRGINIA DATE: SEPTEMBER 20, 1985 SCALE: 111-601 . " Said
plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Deed
Book 2484, at page 860.
It being the same property which was conveyed to the City
of Virginia Beach, a municipal corporation of the
Commonwealth of Virginia, from Christopher Development
company, a virginia corporation, by deed dated April 8,
1986, and recorded in the Clerk's office of the City
aforesaid in Deed Book 2492, at page 2026.
PARCEL THREE:
All that certain lot, tract, or parcel of land together
with improvements thereon belonging, lying, situated and
being in the City of Virginia Beach, Virginia and
designated and described as: "PROPERTY CONVEYED TO THE
CITY OF VIRGINIA BEACH, AREA = 1.723 ACRES" as shown on
that certain plat entitled: "PLAT SHOWING PROPERTY
CONVEYED TO THE CITY OF VIRGINIA BEACH FROM STANWOOD &
HARRIET DICKMAN, JEROME R & MARILYN T. JACOBS, MORTON L.
& HARRIET J. BRESENOFF KEMPSVILLE BOROUGH--VIRGINIA
BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING
DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA
BEACH, VIRGINIA." Said plat is recorded in the Clerk's
office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 2484, at page 889.
It being the same property which was conveyed to the City
of Virginia Beach, a municipal corporation of the
Commonwealth of Virginia from Jerome R. Jacobs, et ux,
et als, dated April 14, 1986, and recorded in the Clerk's
office of the City aforesaid in Deed Book 2494, at page
891.
PARCEL FOUR:
All that certain piece or parcel of land, approximately
5 acres, situate in Kempsville Borough, in the City of
Virginia Beach, Virginia, formerly Kempsville Magisterial
District of Princess Anne County, with building and
improvements, fronting on Holland Road and bounded and
described as follows:
To establish a point of beginning, begin at the
intersection of the former southern line of Holland Road
(as said line existed prior to the widening of Holland
Road on two previous occasions) and the eastern line of
Baxter Road as shown on the plat entitled: "PLAT OF
PROPERTY FOR COUNCILL D. GARRETT AND WILLIAM P.
OBERNDORFER KEMPSVILLE BOROUGH - VIRGINIA BEACH,
VIRGINIA," dated December, 1965, made by Frank Tarrall,
Jr. and Associates, duly recorded in the Clerk's office
of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 1009, at Page 217, thence run
along said former southern line of Holland Road south 48'
2
061 4511 east, 714.83 feet to a point, which is the point
of beginning; thence from said point of beginning running
along said former southern side of Holland Road south 46*
53, east 250 feet to an iron pipe; thence south 57* 151
west 1615 feet to an iron pipe in the northern line of
the right-of-way of the Norfolk Southern Railroad; thence
north 37' 031 west 77 feet to a stake; thence north 5'
01 east 216.5 feet to an iron pipe; thence north 57* 151
east 1450 feet to an iron pipe in the said former
southern side of Holland Road, the point of beginning.
LESS, SAVE, AND EXCEPT: (i) A parcel of land which
vested in the state highway upon the recording of a
highway Certificate No. N-VHB-151, for parcel 119 of the
Virginia Beach Toll Road, dated January 4, 1965, and duly
recorded in the aforesaid Clerk's office in Deed Book
882, at Page 496, and (ii) A parcel of land conveyed to
the City of Virginia Beach by Deed of Dedication, dated
March 31, 1969, by and between William P. oberndorfer and
Alice Oberndorfer, his wife, and Councill D. Garrett and
Mary Garrett, his wife, the first parties, City of
Virginia Beach, the second party, Doyle E. Hall and W.
L. Wallace, Trustees, the third parties, virginia
National Bank, the fourth party, and duly recorded in the
aforesaid Clerk's Office in Deed Book 1114, at Page 241.
It being the same property which was conveyed by Ying
Mah, et als, trustees, to the City of Virginia Beach, a
municipal corporation of the Conmonwealth of Virginia,
by deed dated May 1, 1986, and recorded in the Clerk's
office of the City aforesaid in Deed Book 2500, at page
1036.
PARCEL FIVE:
All that certain lot, piece or parcel of land containing
10,131 square feet, (0.233 acre), lying and being
situated in the City of Virginia Beach, virginia, and
known and designated as "NOW OR FORMERLY NORMAN P. WEISS,
ET AL, D.B. 1718, PG. 15, M.B. 111, PG. 12, M.B. 42, PG.
22, GPIN NO. 1476-49-9880,11 as shown on that certain plat
entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF
VIRGINIA BEACH FROM NORMAN P. WEISS ET AL, KEMPSVILLE
BOROUGH, VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND
MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC
WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 05,
1990 SCALE 1"=30"ll said plat being duly recorded in the
Clerk's Office of the Circuit court of the City of
Virginia Beach, Virginia in map Book 203, at Page 100 to
which reference is made for a more particular description
of said property.
It being part of the same property which was conveyed to
the City of Virginia Beach, a municipal corporation of
the Commonwealth of Virginia, fr. Stanwood Dickman, et
ux, et als, by deed dated July 16, 1990, and recorded in
the Clerk's Office of the City aforesaid in Deed Book
2952, at page 582.
PARCEL SIX:
All that certain lot, piece or parcel of land containing
82,165 square feet (1.886 acres), lying and being and
situated in the City of Virginia Beach, and known and
designated as "NOW OR FORMERLY STANDWOOD DICKMAN ET AL,
D.B. 1948, PG. 587, M.B. 132, PG. 17, GPIN NO. 1476-49-
5539,11 as shown on that certain plat entitled: "PLAT
SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH
3
FROM STANWOOD DICKMAN ET ALS, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING,
ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY
OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 1, 1990 SCALE
1"=50-111. ,id plat being duly recorded in the Clerk's
office of the Circuit Court of the City of Virginia
Beach, virginia in Map Book 203, at page 102 to which
reference is made for a more particular description of
said property.
It being part of the same property which was conveyed to
the City of Virginia Beach, a municipal corporation of
the Commonwealth of Virginia, fr. Stanwood Dickman, et
ux, et als, by deed dated July 16, 1990, and recorded in
the Clerk's Office of the City aforesaid in Deed Book
2952, at page 582.
PA CEL SEVEN:
All that certain lot, piece or parcel of land containing
61,852 square feet (1.420 acres), lying and being
situated in the City of Virginia Beach, and known and
designated as, "NOW OR FORMERLY NORMAN P. WEISS ET AL,
D.B. 1289, PG. 676, M.B. 17, PG. 52, GPIN NO. 1476-49-
8729,11 as shown on that entitled, "PLAT SHOWING PROPERTY
CONVEYED TO THE CITY OF VIRGINIA BEACH FROM NORMAN P.
WEISS ET AL, KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA,
BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION,
DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH,
VIRGINIA, DATE: FEB. 08, 1990 SCALE 111=301,11 said plat
being duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map
Book 203, at page 101 to which reference is made for a
more particular description of said property.
It being part of the same property which was conveyed to
the City of Virginia Beach, a municipal corporation of
the Commonwealth of Virginia, fr. Stanwood Dickman, et
ux, et als, by deed dated July 16, 1990, and recorded in
the Clerk's Office of the City aforesaid in Deed Book
2952, at page 582.
PARCEL EIGHT:
All that certain lot, piece or parcel of land containing
76,272 square feet (1.751 acres), lying and being
situated in the City of Virginia Beach, and known and
designated as, "NOW OR FORMERLY STANWOOD DICKMAN ET AL
D.B. 2189 928 M.B. 153 PG. 24 G PIN NO. 1476 49 8504,11
as shown on that certain plat entitled: "PLAT SHOWING
PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM
STANWOOD DICKMAN ET AL KEMPSVILLE BOROUGH-VIRGINIA BEACH,
VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING
DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA
BEACH, VIRGINIA, DATE: FEB. 03, 1990 SCALE 1"=30' , " said
plat being duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 203, at page 103 to which reference is made
for a more particular description of said property.
It being part of the same property which was conveyed to
the City of Virginia Beach, a municipal corporation of
the Commonwealth of Virginia, fr. Stanwood Dickman, et
ux, et als, by deed dated July 16, 1990, and recorded in
the Clerk's Office of the City aforesaid in Deed Book
2952, at page 582.
4
PARCEL NINE
All that certain lot, piece or parcel of land containing
9,976 square feet (0.229 acre), lying and being situated
in the city of virginia Beach, Virginia known and
designated as "NOW OR FORMERLY NORMAN P. WEISS & S.
SANDLER, ET ALS, D.B. 1570, PG. 0779, M.B. 42 PG. 22,
M.B. 118, PG. 6, GPIN NO. 1476-59-0793,11 as shown on that
certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED
TO THE CITY OF VIRGINIA BEACH FROM NORMAN P. WEISS & S.
SANDLER ET ALS, KEMPSVILLE BOROUGH, VIRGINIA BEACH,
VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING
DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA
BEACH, VIRGINIA, DATE: JAN. 28, 1990 SCALE 111=30'," said
plat being duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, virginia,
in Map Book 203, at Page 99 to which reference is made
for a more particular description of said property.
It being part of the same property which was conveyed to
the City of Virginia Beach, a municipal corporation of
the commonwealth of virginia, fr. Stanwood Dickman, et
ux, et als, by deed dated July 16, 1990, and recorded in
the Clerk's Office of the city aforesaid in Deed Book
2952, at page 582.
WHEREAS, it is the policy of the City of Virginia Beach to
provide only for the orderly development of land, for various
purposes, including industrial purposes, through zoning and other
land development legislation;
WHEREAS, the Grantor acknowledges that competing and sometimes
incompatible uses conflict, and that in order to permit differing
uses on and in the area of the subject property and at the same
time to recognize the effects of change, and the need for various
types of uses, including industrial and office, certain reasonable
conditions governing the use of the property for the protection of
the community that are not generally applicable to land similarly
zoned B-3 are needed to cope with the situation which the Grantor's
rezoning application gives rise to;
WHEREAS, the Grantor has voluntarily proffered in writing, in
advance of and prior to the public hearing before the Council of
the City of Virginia Beach, as a part of the proposed amendment to
the Zoning Map, in addition to the regulations provided for in the
B-3 zoning district or zone by the existing overall Zoning
Ordinance, the following reasonable conditions related to the
physical development and operation of the property to be adopted
as a part of said amendment to the new Zoning Map relative to the
5
property described above, which have a reasonable relation to the
rezoning and the need for which is generated by the rezoning;
WHEREAS, said conditions having been proffered by the Grantor
and allowed and accepted by the Council of the City of Virginia
Beach as part of the amendment to the zoning ordinance, such
conditions shall continue in full force and effect until a
subsequent amendment changes the zoning on the property covered by
such conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent amendment
is part of a comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the foregoing,
these conditions are amended or varied by written instrument
recorded in the Clerk's office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the
subject property at the time of recordation of such instrument;
provided, further, that said instrument is consented by the City
of virginia Beach in writing as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body of the
City, after a public hearing before the Council thereof and
advertised pursuant to the provisions of Code of Virginia, Section
15.1-431, which said ordinance or resolution shall be recorded
along with said instrument as conclusive evidence of such consent;
NOW, THEREFORE, the Grantor, for himself, his successors,
assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
City of Virginia Beach or its governing body and without any
element of compulsion or auid pro Quo for zoning, rezoning, site
plan, building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the subject property and
governing the use thereof and hereby covenants and agrees that this
declaration shall constitute covenants running with the said
property, which shall be binding upon the property and upon all
parties and persons claiming under or through the Grantor, their
6
personal representatives, assigns, grantees and other successors
in interest or title.
1. The following uses shall be the only uses permitted. Those
uses permitted hereunder that require a conditional use permit from
City Council shall continue to require a conditional use permit,
and City Council, by accepting this proffer, does not automatically
grant the right to place any conditional uses within the property.
a. Auditoriums, assembly halls and union halls;
b. Bakeries, confectioneries and delicatessens, provided
that products prepared or processed on the premises shall be sold
only at retail and only on the premises;
C. Business and vocational schools which do not involve the
operation of woodwork shops, machine shops or other similar
facilities;
d. Business studios, offices, and clinics;
e. child care and child care education centers;
f. Commercial parking lots, parking garages and storage
garages;
9. Drugstores, beauty shops and barbershops;
h. Eating and drinking establishments without drive-through
windows;
i. Financial institutions;
j. Florists, gift shops and stationery stores;
k. Hotels and motels;
1. Laboratories and establishments for the production and
repair of eyeglasses, hearing aids and prosthetic devices;
M. Laundry and dry cleaning agencies;
n. Medical and dental offices;
0. Medical laboratories;
P. Museums and art galleries;
q. Personal service establishments, other than those listed
separately;
r. Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
7
S. Public buildings and grounds;
t. Public utilities installations and substations provided
storage or maintenance facilities shall not be permitted; and
provided, further, that utilities substations, other than
individual transformers, shall be surrounded by Category VI
screening solid except for entrances and exits; and provided also,
transformer vaults for underground utilities and the like shall
require only Category I screening, solid except for access opening;
U. Public utilities offices;
V. Public utility storage or maintenance installations;
W. Repair and sales for radio and television and other
household appliances, except where such establishments exceed two
thousand five hundred (2,500) square feet of floor area;
X. Retail establishments, other than those listed
separately, including the incidental manufacturing of goods for
sale only at retail on the premises; retail sales and display rooms
and lots, provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations or for
storage or display of any scrap, salvage or secondhand building
materials or automobile parts shall not be allowed;
Y. Wholesaling and distribution operations, provided that
such operations do not involve the use of (i) more than two
thousand (2,000) square feet of floor area for storage of wares to
be sold at wholesale or to be distributed, or (ii) any vehicle
rated at more than one and one-half (1/2) ton capacity, or (iii)
a total of more than five (5) delivery vehicles.
Z. Accessory uses and structures which may be reviewed and
approved by city of Virginia Beach Zoning Administrator which are
clearly incidental and subordinate to principal uses in accordance
with the Virginia Beach City Zoning ordinance.
2. Parcel E (and Parcel D within one hundred (100] feet of a
Residential or Apartment District) shall be limited exclusively to
office use with a maximum building height of thirty-five (35) feet
as shown on the "Conceptual Master Plan, Independence
8
Boulevard/Baxter Road,to (hereinafter referred to as the "Concept
Plan") dated june 28, 1990, revised AUgust 27, 1990, and prepared
by Talbot & Associates, Ltd., which has been exhibited to the City
Council of the City of Virginia Beach and is on file with the
Planning Department of said city and incorporated by reference.
The following uses shall not be permitted within one hundred (100)
feet of a Residential or Apartment District:
a. Auditoriums, assembly halls and union halls;
b. Commercial parking lots, parking garages and storage
garages;
C. Eating and drinking establishments without drive-through
windows;
d. Hotels and motels;
e. Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
f. Public utility storage or maintenance installations.
9. Retail uses, unless internally oriented;
3. A variable width landscape buffer of twenty-five (25) to
thirty-five (35) feet, as designated on the concept Plan, with
Category IV landscape screening shall be provided adjacent to any
Residential District unless there is an intervening street or alley
over twenty-five (25) feet in width or body of water over fifty
(50) feet in width. Existing trees within the twenty-five (25)
foot buffer will be preserved and used towards meeting the Category
iv screening requirement.
4. No ingress or egress shall be permitted from the property to
any adjacent Residential or Apartment District with the exception
of the access road to Brookside Condominiums and sufficient
ingress/egress to benefit residential property owners who have
legal access to Keener Lane.
5. The road, lake, landscape buffer and parcel configurations
and all points of ingress and egress shall be in substantial
conformity with the configurations designated on the Concept Plan.
9
A comprehensive Stormwater Management Plan shall be prepared at the
time of development of the Property.
6. The following issues will be addressed upon the sale of the
property and deed restrictions will be recorded addressing these
issues:
a. Landscaping
b. Street treatments
C. Architecture
d. Open space
e. Pedestrianways
f. Sign control and design
9. Amenities, including common sites for social events,
coordinated lighting fixtures, site furniture, fountains,
sculptures, etc.
h. Site design
i. Aesthetic treatments for loading and dumpster facilities.
All references hereinabove to the B-3 district and to the
requirements and regulations applicable thereto refer to the City
Zoning Ordinance of the City of Virginia Beach, Virginia, in force
as of January 1, 1991, which is by this reference incorporated
herein.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority on behalf of the governing body
of the City of Virginia Beach, Virginia, to administer and enforce
the foregoing conditions, including (i) the ordering in writing of
the remedying of any noncompliance with such conditions, and (ii)
the bringing of legal action or suit to ensure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall
constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (3) if
aggrieved by the decision of the Zoning Administrator made pursuant
to the provisions, the Grantor shall petition to the governing body
10
for the review thereof prior to instituting proceedings in court;
and (4) the Zoning map may show by an appropriate symbol on the map
the existence of conditions attaching to the zoning of the subject
property on the map and that the ordinance and the conditions may
be made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the name of the Grantor.
WITNESS the following signatures and seals.
CITY OF VIRGINIA BEACH, VIRGINIA
a municipal corporation
(SEAL)
City Manager
ATTEST:
(SEAL)
City Clerk
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Pubic in and for the State
of Virginia at Large, do hereby certify that Aubrey V. Watts, Jr.,
City Manager for the CITY OF VIRGINIA BEACH, a municipal
corporation, whose name as such is signed as Grantor to the
foregoing instrument bearing date on the _ day of 1
1991, has acknowledged the same before me in the City and State
aforesaid.
Given under my hand this _ day of 1991.
Notary Public
My Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-Wit:
I, , a Notary Pubic in and for the State
of Virginia at Large, do hereby certify that Ruth Hodges Smith,
C.M.C., City Clerk of the CITY OF VIRGINIA BEACH, whose name is
signed as such is signed to the foregoing instrument bearing date
on the - day of , 1991, has acknowledged the same
before me in the City and State aforesaid.
Given under my hand this _ day of 1991.
Notary Publ c
My commission Expires:
RMB/sam
BAXTER.PRF
04/10/91
12
- 46 -
Item IV-M.l.h.(a)
PUBLIC HEARING ITEM # 34360
PLANNING
Upon motion by Counci Iman Sessoms, seconded by Counci lman Baum, City Counci I
ADOPTED:
Ordinance to Amend and Reordain Section 4.1(m) (i)
of the Subdivislon Ordinance pertaining to street
right-of-way widths.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
AN 017DINANCE 'M AMEND AND RED
SEMON 4. 1 (M) (i) OF Um @IVISION OPDIWCE
PERrAINIM TO RIGtfr-OF-WAY WIDNIS
BF@ IT ORDAINED BY @ MNCIL OF '"TF, CM OF VIRG@ BEhal, @INIA:
7bat Section 4.1(Tn)(i) of the Subdivision ordimnce be amended and
reordained as folfms:
(m) (i) street right-of-way widths shall be as @ified in officially
adopted al@ts of the ehensive Plan relating to streets.
Where not shown therein, pav@t widths and right-of@y
widths for public streets shall be in relation to the proposed
density and/or th,-- land use of the property adjacent to the
roads and within the parcel s@bt to be @ivided, but in
no case, be less than as follows:
Minimm Paved
width
Min@ R/W (face to face
Width of curb
(feet) (feet)
Arterial 80 52
Collector 60 36
Minor
a. serving cial or industrial 60 36
b. Serving residential lots Of 50 30
7,500 square feet or more, or
fewer than 10 lots of less than
7,500 square feet on a cul-de-sac,
or 10 lots or mre of less than
7,500 square feet where adequate
legal assurance has been provided
that all reclui-red driveways on
lots served by such street shall
be at least 18 feet wide
c. serving lo or more residential 60 36
lots of less than 7,500 @re
feet
d. Serving oure lots in the 50 30
A-2.5 zoning category
Marginal Acmss 40 30
Alley 24 20
Residential cul-de-sac 40 30
Where minimum payed width, as s ted above
shall be measured from edge of
Adopted by the Council of the City of Virginia Beach" Virginia, on
the 23)td day o APRIL 1991.
59a
Lel [Indemification of city] Dp-vel.oper will indemify, keep and
hold the city, and its agents and emloyees, free ar)d h@ess
from and against all oontractual liability of developp-r and from
and against all claim on account of injury to devel@ or any
othp-r person, firm or corporation, or damge to the property of
the devel@r, purchaser or any other per-ron, firm or corporation,
and will def@ the city, and its acjents and emloyees, against
all actions and settle all claim, damages, l@ and
arising from or growing out of the city's approval of the design,
construction and/or installation of the said drainage syst@.
Adopted by the @il of the City of Virginia Beach, virginia, on
the- 9 3,i d day of AP)tit 1991.
59
59b
- 47 -
Item -Mlh. b)
PUBLIC HEARING ITEM # 34361
PLANNING
Upon motion by Councilman Baum, seconded by Councilman Lanteigne, City Council
ADOPTED:
Ordinance to Amend and Reordain Section 5.5 of the
Subdivision Ordinance pertaining to requirement
improvements for street and other drainage.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
AN ORDINANCE TO AMEN) AND RBDRDAIN
SUCrION 5.5 OF THE SUBDIVISION ORDINANCE
PERrAINING M @RED FOR
AND CQIIER DRAINAGE
BE IT ORDAINED BY 'RIE @CTL OF 'ITIE CITY OF VIRGINIA BEAal, VUUINIA:
7bat @ion .5.5 of the Stibclivision Ordinance be amended ancl reordained
as follows:
Sec. 5.5. and
Every subdivision shall have a drainage system adequate for the type of
developmp-nt pr and so related to existing or potential surrounding
devel t as to form a logical part of the coordimted system minimizing
potential drainage problems for the general area. No plan or development
shall take such form as to create potential or actual i t of water
on, or discharge of water onto, adjacent prmarty in such a as to (a)
affect adversely existing development, or (b) increase problem-, of future
devel t on such adjacent property, except with the written and reoorded
oonsent of the adjoining property @s affected and the appr@l of the
Department of Public works.
To these @, the Department of Public Works is ered to require
such changes in plans or to establish such minimum and mximm elevations
and gradients in particular mwivisions or to require enploymmt of such
@sures as on-site retention of storm water as n@ry to provide for
orderly and efficient devel t of coordinated drainage system, even
though the drainage proposed for a par-ticular subdivision might be adnmte
for the subdivision itself. In addition, where adjoining lands are in
distri@ with varying inprovement requir@ts or in other cases where
similar adjus@ts are necessary, the Department of Public Works is ered
to establish such transitional requir@ts as to types of curbs aM gutters,
storm drains and the like as are appropriate and reasonably necessary i-n the
circums s of the case.
(a) (Curbs and cjutters] Curbs and gutters built to specifications of
the De t of Public Works, as aPProved by the council of the
City of Virginia Beach shall be requi-recl,
Ion C, on all streets, except when it
director of Public Works that existing -
would mke this requir@t inpractical or where the use of best
-nagemnt practices is better prowted otherwise, in which case a
waiver or @ification my be authorized, provided, however, that
any such waiver or @ification sha.11 be rut into writing @
include the reasons therefor and be mde a part ot the nent
application record.
(b) Storm @s @ drainage. where rewired by the director of
Public Works, underground storm sewers @tincj specifications of
the De t of Public Works, as approved by the @il of the
City of Virginia Beach, shall be installed, rovided in
57
sub-sectiotiCa_rid @ceptwheresuchreiTtir@tiswaivedormAified
under the provisions set forth in @ion 5.5@LdA. Elsewhere @
drainage ways @tincj -@ificatio@ of the Depat@t of Riblic
Works, as approved by the council of tlie City of Virginia Beach, shall
be @.
(c) dside Swales. to
a mximlun de@ of
in arear, zoned AC
District.
@d lbe director of the de t of Public Works shall consider
noy approve a waiver or @ification to the requir@ts ret forth
in @ions 5.5(a) and 5.5(b), for a slibdivision, provided tha the
following are met:
(i) each lot in the subdi.vision shall be no less than fifteen
thousand (15,000) scjuare feet in area;
(ii) each lot shall provide area for no fewer than four (4) on-
site parking spaces.
(iii) all @ drainage system shall be provided and designed in
aamrdanr-e with the performance standards and design criteria
of the Stormwater Manag@t Ordiriance;
(iv) the propo@ system of open or natural drai.nage ways shall be
an appropriate nent of a natural area protection plan to
be approved for the subdivision as part of the process for
granting a waiver or maification under this section. such
rLatural area protection plan shall include: a tree
inventory/protection plan; a wetlands inventory/protection
plan; provision for the protection the protection or creation
of a natural area bfffer of sufficient width to prevent
er@ion, trap sediment in overland runoff, provide n@sary
imi-ntemnoe access and provision for the protection of any other
signifir-ant natural features, includir.%g topographic relief;
(v) the continued functioning and integrity of all Wm drainage
sys@ and other cmmnents of a natural area protection
plan not within the public right-of@y shall be ensured
thranh deed restrictions, covenants or other @. 7here
also shall be reoorded through deecl restrictions, cavenants
or other means acreptable to the director of the Department
of Public Works, a stat@t which advises all potential
purchasers that tlie City of Virginia @ch will not be
r@nsi-ble for providing ark]/or bearing the cost of curbs
and gutters if @ when @s of lots. in the subdivision
desire such @rav@@. I
(vi) application for waiver or @ifir-ation to @b and gutters
and/or storm sewers and drainage my be considered in conjunction
with request for reduced pavement widths as set forth uncler
Section 4.1(m)(ii) of this ord
58
- 48 -
Item IV-N.l.
APPOINTMENT ITEM # 34362
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT:
EROSION COMMISSION
- 49 -
Item IV-0.1.
UNFINISHED BUSINESS ITEM # 34363
ADD-ON
Upon motton by Councilman Baum, seconded by Councilman Sessoms, City Council:
AUTHORIZED the City Manager to WAIVE fees as
requested by the Princess Anne County Tricentennial
Comittee and Star Spangled salute. Notification
of the waivers and definition of "in-kindif services
shall be In writing; and Include author*ization for
these two agencles to be under the City's insurance
umbrella.
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 50 -
I tem I V-Q. I
ADJOURNMENT ITEM # 34364
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 10:15 p.M.
Be e 0.
Chief Deputy City Clerk
th Hdge Smith, CMC
ty Clrk
City of Virginia Beach
Virginia