HomeMy WebLinkAboutAPRIL 2, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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I-R@l I -7T@, CITY COUNCIL AGENDA
APRIL 2, 1991
ITEM 1. CITY MANAGER'S BRIEFING Council Chamber 12:30 PM
A. SCHOOL SITE SELECTION COMMITTEE
Robert W. Hall, Chairma,
ITEM 11. INFORMAL SESSFON Council Chamber 1:00 pm
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSFON
ITEM 111. FORMAL SESSION - Council Chamber 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Rabbi David Abrams
Temple Emanuel Synagogue
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 - March 26, 1991
G. RESOLUTIONS
1. Resolution requesting the Virginia Department of Transportation
seek concurrence of the Clty Council re any plan for funding
construction of the Southeastern Expressway.
2. Resolutlon providing for the ISSUANCE and SALE of $2,000,000
General Obligation Public Improvement Bonds, Series of 1991B,
(Capital Appreciatlon MINIBONDS) of the City of Virglnia Beach,
Virginia, heretofore authorized; and, provlding for the form,
details and payment thereof.
3. Resolution appointing Paine Webber, Inc., Craigle Incorporated,
Wheat First Securities, inc. and Scott Stringfellow Investment
Corporation as Underwriters re planned issuance of $19,975,000
Water and Sever Revenue Bonds; and, authorize the City Manager to
appoint a selling group of additional underwriters Including but
not limited to Legg Mason Wood Walker, Inc., A. G. Edwards & Son,
inc., Ferris Baker Watts, Inc. and Davenport & Company.
4. Resolution authorizing the City Manager to negotiate with the Greek
Orthodox Church of Virginia Beach and the appropriate state and
federal agencles re exchange of certaln parcels on Shorehaven Road
for 6.8 acres of land on Little Neck Road (LYNNHAVEN BOROUGH).
H. ORDINANCES
1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
a. Section 8-31 re building permit fees for certain structures in
Chesapeake Bay Preservation Areas.
b. Section 8-31.1 re permits for fences and walls.
c. Sectlons 6-3, 6-5, 6-10, 6-30, 6-31, 6-114, and 6-116 re
beaches, boats and waterways.
1. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the
ordlnary course of business by Clty 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. Resolutions referrlng to the PlannTng Commission proposed
amendments to the Clty Zoning Ordlnance:
a. ADDING Section 106 re fees: applications for zoning variances
and appeals.
b. Section 210.1 re fees: permits for signs.
2. Ordinances to AMEND and REORDAIN the Code of the City of Vlrginia
Beach, Virginia:
a. Sections 30-57, 30-59 and 30-61 re erosion, sediment control
and tree protection.
b. Section 16-12 re certificates of occupancy for certain
dwellings and dwelling units to delete the SUNSET provision.
c. Section 23-14.1 re publlc meeting, demonstrations, address, et
cetera, permit.
1
3. Ordinance, upon SECOND READINGP to APPROPRFATE a $5,000 Grant from
the National Crime Prevention Council to the Department of Juvenile
Probation re "Teens, Crime and the community Program".
4. Ordlnances re Virginia Housing and Community Development Emergency
Home Repair Program:
a. FIRST READING, to ACCEPT and APPROPRIATE $1,746.
b. Authorize the City Manager to apply for a grant, accept same,
enter Into a Grant Agreement; and, provide matching funds.
5. Ordinance to TRANSFER $90,000 from the Economic D,vel,pme,t
Investment Program to the Virginia Beach Development Authority re
business attraction.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. AUTHORIZATION FOR CITY FRANCHISE AGREEMENT WITH COX CABLE
HAMPTON ROADS
a. Schedule Public Hearing for April 23, 1991
b. Schedule Council Workshop on the DRAFT Ordtnance
2. NEWSPAPER VENDING MACHINE SITE - NORTH VIRGINIA BEACH
Sheldon L. Corner, President
North Virginia Beach Civic League
(Sponsored by Councilman James W. Brazier, Jr.)
3. QUARTERLY FINANCIAL REPORT
July 1, 1990 - February 28, 1991
Giles G. Dodd, Assistant City Manager For Administration
L. CITY MANAGER'S PRESENTATION
1. FY 1991-1992 OPERATING BUDGET
E. Dean Block
Assistant City Manager for Analysis and Evaluation
M. ADJOURNMENT
3/28/91 gs
M I N U T E S
VIRGINIA BEACFI CITY COUNCIL
Virgiiiia Beacii, Vlrginla
April 2, 1991
Mayor Meyera Oberndorf called to order the CITY MANAGER'S BRIEFING re SCHOOL
SITE SELECTION COMMITTEE in the Council Chambers, City Hall Building, on
Tuesday, April 2, 1991, at 12:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fent,ess, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
Louis R. Jones, (ENTERED: 12:55 P.M.)
- 2 -
C I T Y M A N A G E R ' S B R I E F I N G
SCHOOL SITE SELECTION COMt4ITTEE
12:30 A.M.
ITEM # 34249
Dr. S. John Davis, Interim Superintendent of Schools, introduced the Chairman
of the SCHOOL SITE SELECTION COK4ITTEE, Robert Hall, a Member of the Virginia
Beach School Board.
Robert Hall, recognized the Members of the SCHOOL SITE SELECTION COMMITTEE:
Council Members
John A. Baum
Robert W. Clyburn
Planning Commissioners
Barbara J. Ferguson
F. Donald Reid
School Board Members
Robert W. Hall
Gerald G. Gibbs
Mr. Hall introduced Anthony L. Arnold, P.E., Chief of Planning and Construction
for the School Administration, who advised of problems in acquiring school
sites in Virginia Beach, the main problem being related to non-tidal wetlands.
Strawbridge Elementary School, required receipt of a Nationwide 26 Permit,
which occurred prior to the Army Corps of Engineers' change in regulations to
prior converted crop fields. This permit was required not only for school
construction but construction of the utilities that support the infrastructure
The issue of non-tidal wetlands has affected the alignment of Ferrell Parkway
and the Southeast Recreation Center.
Landstown Middle and Elementary Schools, currently under construction in
Princess Anne Park, consists of a 50-acre site. Their situation is similar to
Strawbridge Elementary School. A Nationwide 26 Permit was received from the
Army Corps of Engineers prior to the change of rules. The Corps allowed
construction of the school to comence under the condition that the 2 1/2-acre
wooded parcel on the school site remain undisturbed.
Mr. Arnold displayed an aerial view of Tallwood High School, which best
represents the problems of the three school sites. Construction of the school
site has commenced. This site incurred three agency reviews with the Fish and
Wildlife, Army Corps of Engineers and their joint agency. The site plan was
revised on three different occasions. The 3-acre wooded parcel was required to
remain undisturbed, and the City is required to mitigate within the retention
ponds to offset the loss of non-tidal wetlands.
Mr. Arnold referenced the school site depicted on the map across from Kellam
High School. This property has been pursued for approximately 15 to 18 months.
The problem of non-tidal wetlands exists on this parcel. This site is comprised
of approximately 37 acres with a good portion of it wooded. Only 16 to 17 acres
is needed for an Elementary School site. The Army Corps of Engineers requested
monitoring wells be installed. Fifteen monitoring wells were installed at the
end of January with the preliminary report received about three weeks ago
advising the majority of the wells were coming up wet. The areas outlined in
Iforange" on the map are the areas considered to be non-tidal wetlands. The
areas in "green" are considered to be uplands and are developable. The plat
indicates the site cannot be used for any type of school facility.
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C I T Y M A N A C E R ' S B R I E F I N G
SCHOOL SITE SELECTION COMMITTEE
ITEM # 34249 (Continued)
The Ocean Lakes High School site was proffered by R. G. Moore approximately 4
or 5 years ago and consists of 50 acres. Six acres are wooded. Monitoring wells
were installed on the wooded parcels in January. There are approximately 4 or 5
acres which are not useable and are non-tidal wetlands.
Jim Lawson, Real Estate, advised his office has attempted to assist the SCHOOL
SITE SELECTION COMMITTEE in land acquisition relative the West Kempsville
Middle School Site. Wetlands and price present the major problems in connection
with the selection of this 25-acre site. The sites investigated were initially
concentrated in the West Kempsville area; and, finding it extremely difficult
to select a site in this particular corridor, the search was expanded and
ultimately reached into the Bayside Borough and other sections of the City. The
sites investigated were illustrated on the map displayed before City Council.
C-1 Located along the area of Centerville Turnpike up around
Indian River Road: The owners of the property had not wished
to sell, but the value of the property was approximately
$200,000 an acre.
C-2 Located in the Mount Trashmore II Park area: This area is
impacted by wetlands and finding 25 acres without extensive
mitigation would be difficult.
C-3 Located along the Kempsvilie Road area: This is a 71-acre
site, which is currently an active borrow pit and would entail
an extensive amount of site and fill work to render the site
useful.
C-4 This area in West Kempsville is heavily wooded and is under
the criteria of wetlands which would render it extremely
difficulty to build.
C-5 This site is a current active borrow pit and because of site
work and expense involved was not considered strongly for a
site.
C-6 This area is comprised of 195 acres in the intersection of
Princess Anne and Providence Road area. This property is
heavily wooded, comes under the wetland criteria and has major
drainage problems.
C-7 This area is comprised of approximately 50 acres, off of
Indian River Road in the Stumpy Lake Lane area. This site has
potential with infrastructure in place (roads, curb/gutter and
utilities). The developers had previously advised a cost of
approximately $150,000 per acre; however, the developer is
continuing to investigate the price they wiil accept and will
advise.
C-8 This site is located in the Bayside Borough. A great deal of
this property is active farmland and has zoning ranging from
residential to multi-family housing to business. The values
could range from $80,000 to $225,000 an acre.
C-9 This site is located in the Greenwich Road and Virginia Beach
Boulevard Corridor. The Committee has spoken with Economic
Development, who have attempted to market some of this
property. The value ranges are approaching $300,000 an acre in
asking price. No tests have been performed relative wetlands
criteria; however, the values deter this property being
considered seriously as a potential site.
C-10 This site is also in the Bayside Borough and in the vicinity
of the Burton Station area. This area would involve utility,
drainage issues and potential relocation of families.
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C I T Y M A N A G E R ' S B R I E F I N G
SCHOOL SITE SELECTION COMMITTEE
ITEM # 34249 (Continued)
Mr. Hall advised approximately $1-1/2-MILLION remains from the last Referendum;
however, due to high costs, this amount does not go far in the utilization of
"landbanking".
As per request of Mayor Oberndorf, a Verbatim will be prepared of this report
of the SCHOOL SITE SELECTION COMMITTEE. Mayor Oberndorf as Chairman of the
National League of Cities Energy, Environment and Natural Resources Committee,
has requested a hearing before the Water Resources Subcommittee on
reauthorization of the Clean Water Act in late May or early June and would like
to distribute copies of this Verbatim to make Congress aware of these concerns
relative wetlands and their affect upon selection of school sites.
The City Manager will provide information relative scheduling of utilities for
Strawbridge Elementary School.
Mr. Arnold expressed appreciation to Congressman Pickett for his assistance
relative the three school sites currently under construction.
- 5 -
ITEM # 34250
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf In the Counci I Chambers, Cl ty HAII Bul IdIn g, on
Tuesday, April 2, 1991 at 1:13 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 6 -
C ON C E R N S OF T HE MAYOR
ITEM # 34251
Mayor Oberndorf referenced Dr. E. E. Brickell's letter of March 20, 1991,
advising Dr. Charles P. Fletcher will complete the maximum allowable service on
the Board of Commissioners of the Medical College of Hampton Roads. City
Council is requested to appoint a Commissioner to replace Dr. Fletcher
commencing July 1, 1991. Said letter is hereby made a part of the record.
TTEM # 34252
Mayor Oberndorf referenced the exciting HBO broadcast of Whitney Houston in
Honor of the Homecoming for the Troops of Desert Storm at Norfolk Naval Air
Station. This Program was viewed on Sunday at 9:00 P.M., March 31, 1991.
ITEM # 34253
Mayor Oberndorf advised the MAYOR'S HOMECOMING COMMITTEE represents business,
Resort, Hotel/Motel, Council of Civic Organization, Chamber of Commerce, Public
Schools, PTA'S, Utilities, Clergy, Military (including EX-POW Captain James
Mulligan), individual citizens, radio, TV and newspapers. Captain Mulligan is a
Member of the HOMECOMING COMMITTEE and has offered to raise funds to provide
the type of financing necessary for the proposed activities. The Co-Chairs of
said Committee are Tom Barton and Flo McDaniel. The Subcommittees have been
appointed and include: Entertainment, Fundraising, Military Liaison,
Activities, Parade, Logistics, Publicity, Volunteers and Food. The Steering
Committee chose the dates of June First and Second to wait until more troops
had returned home and to avoid conflicts with major events i,e., Strawberry
Festival, Harborfest, Flag Day, Off Shore Power Boat Races, et cetera. The
Committee was aware of the Princess Anne County Tricentennial Celebration and
has attempted not to conflict with these activities Unfortunately, the
Committee was unaware of the "Clean the Bay Days"; however the Committee will
avoid utilizing their military volunteers. The tentative schedule includes a
parade on Atlantic Avenue on Saturday, June 1, 1991, from 9:30 A.M. to 12:00
NOON. Tho concert with entertairiment and free food from McDonalds is
tentatively scheduled on Saturday June 11 1991, from 4:00 to 8:00 P.M.
(location to be decided). There may be a family picnic on Sunday, June Second,
or same might be combined with the concert on June First. The Fundraising
Committee is doing well and they do not plan to expend tax dollars. If there
are funds remaining, same will be donated to the Veterans Memorial for payment
of their debt. The Committee is working with City Staff to assure compliance
with permits and ordinances. The Committee is working with the Chamber of
Commerce. The Chamber is also endeavoring with the four area cities to have a
"Mother of All Homecomings" to be held in Virginia Beach. Bruce Hornsby is
donating his band. The date and place is still undecided. This will be for all
the Veterans of all the battle conflicts.
Mayor Oberndorf will request Co-Chairs Barton and McDaniels to provide details
relative the HOMECOMING COMMITTEE during the City Council Session of April 9,
1991.
ITEM # 34254
Mayor Oberndorf had requested recognition of the three PRISONERS OF WAR just
returned from Desert Storm during the City Council Session of April 2, 1991:
Lt. Lawrence R. Slade, USN, Lt. Robert Wetzel, USNR and Lt. Jeffrey N. Zaun,
USN. Because of a previous commitment already scheduled in New Jersey, Lt. Zaun
was unable to attend. Mayor Oberndorf is working with the Navy to arrive at a
mutually agreeable date for recognition and public appreciation during a City
Council Session.
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C 0 N C E R N S 0 F T H E M A Y 0 R
(Continued)
ITEM # 34255
Mayor Oberndorf congratulated Councilman John Baum for his selection and
recognition as MAN OF THE YEAR IN AGRICULTURE on Thursday, March 28, 1991. The
event was held at the Orions, Cavalier Oceanfront. Mayor Oberndorf advised an
outstanding member of the Kempsville Community, Mrs. Beulah Humphries, was
also recognized as the FRIEND OF AGRICULTURE. Mrs. Humphries received
recognition for fifty years of service not only to Virginia Beach, but as a
"friend" of agriculture.
Councilman Baum advised he had planted over 1/2-MILLION pine trees, more than
anyone in Virginia.
ITEM # 34256
Mayor Oberndorf expressed appreciation to Councilwoman McClanan for her verbal
response relative the correspondence from various churches concerning the
homeless. Mayor Oberndorf had distributed a memorandum relative the SUMMARY of
EXISTING AND PLANNED SERVICES FOR THE HOMELESS IN VIRGINIA BEACH during the
City Council Session of March 26, 1991. Councilwoman McClanan had advised the
importance of the issue and the significant financial implications. This issue
would require considerable discussion by the City Council relative a
recommendation.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 34257
Councilman Heischober advised on Memorial Day, May 27, 1991, the Veterans
Memorial commencing at 8:00 A.M. will have its observance. Tentatively,
Governor Lawrence Douglas Wilder has accepted; however, this has not been
confirmed. Emphasis will focus on Youth of all ages: Boy Scouts, Girl Scouts,
Cub Scouts, Brownies, Church Groups, School Groups, etc. The names of Veterans
to be honored, will be inscribed on white tags attached to each Flag staff.
This event will be added to the Schedule published in the newspapers.
ITEM # 34258
Councilman Heischober referenced the Ordinance to AMEND and REORDAIN Sections
23-14.1 of the Code of the City of Virginia Beach, Virginia, pertaining to
Public Meeting, Demonstration, Address, etc., Permit. (See Item III-I.2.c.
under CONSENT AGENDA). Councilman Heischober suggested changing the dates from
May First to September Fifteenth to May First to September Thirtieth, thus
being consistent with all summer activities.
Councilman Brazier and Councilwoman McClanan requested discussion of this item
during the Formal Session and DEFERRAL. Councilman Sessoms wished this item be
heard today as the Virginia Beach Rescue Squad have a planned activity at
Twenty-fourth Street Park on June First.
ITEM # 34259
Councilman Lanteigne advised he was requesting the Ordinance to AMEND and
REORDAIN Sections 6-3, 6-5, 610, 6-30, 6-31, 6-114 and 6-116 of the Code of the
City of Virginia Beach, Virginia, pertaining to Beaches, Boats and Waterways be
DEFERRED until April 23, 1991 (See Item III-H.I.c. of the CONSENT AGENDA).
Councilman Lanteigne wished the individuals affected by these Ordinances be
allowed time to provide their comments concerning the time of the summer
season. Mayor Oberndorf advised a fax had been received from William D.
Frierson, III, expressing concern relative the surfing season. Said fax is
hereby made a part of this record.
Councilwoman McClanan would prefer these dates be contracted rather than
expanded. Vice Mayor Fentress advised the public needs to be aware of these
potential changes in the Ordinance.
ITEM # 34260
Councilman Baum referenced the Ordinance to AMEND and REORDAIN Sections 30-57,
30-59 and 30-61 the Code of the City of Virginia Beach, Virginia re erosion,
sediment control and tree protection (See Ttem III-I.2.a of the CONSENT AGENDA.
Councilman Baum referenced line 63 "..floodplain area, as defined in the zoning
ordinance;41.." Councilman Baum requested the City Staff provide the definition
of the floodplain area. The asterick (11) noted in the ordinance is a reference
point to a section of the Code and is necessary for that further explanation.
- 9 -
C I T Y C 0 U N C I L C 0 N C E R A S
(Contlnued)
ITEM # 34261
BY CONSENSUS, City Council concurred with the following FISCAL YEAR 1990 - 1991
OPERATING BUDGET SCHEDULE:
Tuesday, April 9, 1991 City Council Workshop
10:00 A.M.
Tuesday, April 16, 1991 Jolnt City and School
10:00 A.M. - 12:00 P.M Board Workshop.
1:00 P.M. - 3:00 P.M.
Tuesday, April 23, 1991 City Council Workshop
2:00 P.M. - 4:00 P.M.
Wednesday, April 24, 1991 PUBLIC HEARING
7:00 P.M. Green Run High School
Auditorlum
Tuesday, April 30, 1991 Final City Council Workshop
10:00 A.M. - 12:00 P.M.
Tuesday, May 7, 1991 PUBLIC HEARING
2:00 P.M. FIRST READING
APPROPRIATION ORDINANCE
Tuesday, May 14, 1991 SECOND READING
2:00 P.M. APPROPRIATION ORDINANCE
- 10 -
IT EMS OF T HE C IT Y MANA GE R
ITEM # 34262
The City Manager advised he had placed in the Conference Room for each Member
of Council, a Memorandum and video describing the activities taking place on
May 14 through 19, 1991, concerning the International Grand Prix Off-Shore
Power Boat Racing to be held in Virginia Beach.
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 2, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Counci I Chambers, Cl ty HAII Bu IIdin g, on Tuesday,
April 2, 1991, at 2-.00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wlillam D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Rabbi David Abrams
Temple Emanuel Synagogue
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 12 -
Item Ill-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34263
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
- 13 -
Item 111-F-1.
MINUTES ITEM # 34264
Upon motlon by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
Counci I APPROYED the Minutes of the INFOR14AL AND FORMAL SESSIONS of March 26,
1991.
Voting: 11-0
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. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wliliam D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
None
- 14 -
Item III-C.1
RESOLUTIONS ITEM # 34265
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION and
emphasized this not be a toll road.
Marilyn Kyle, 3716 North Landstown Road, Phone: 426-2803, spoke in SUPPORT of
the Resolution and requested decisions of this nature be SCHEDULED for an
evening City Council Session.
Councilwoman McClanan distributed a revised Resolution which included deleting
and adding word changes:
* "WHEREAS, the City Council is aware that in
other areas of this part of the State, many
projects sueii as including Route 664 and Route 58,
have been funded in such as way as to not require
the use of tolls; and..."
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council ADOPTED, AS REVISED*:
Resolution requesting the Virginia Department of
Transportation seek concurrence of the City Council
re any plan for funding construction of the
Southeastern Expressway.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO SEEK
3 CONCURRENCE OF THE CITY COUNCIL OF THE CITY OF
4 VIRGINIA BEACH ON ANY PLAN FOR FUNDING THE
5 CONSTRUCTION OF THE SOUTHEASTERN EXPRESSWAY
6 WHEREAS, the Council of the City of Virginia Beach has
7 by resolution endorsed the concept of the Southeastern Expressway
8 and requested that its planning, funding, and ultimate construction
9 proceed with all deliberate speed; and,
10 WHEREAS, the City Council has endorsed the basic design
11 concept and by resolution expressed its support of using the BE-10
12 corridor; and,
13 WHEREAS, the City Council is concerned with a continued
14 dependence upon tolls as a means of financing highway construction
15 in the City of Virginia Beach; and,
16 WHEREAS, the City Council is aware that in other areas
17 of this part of the State, many projects, including Route 664 and
18 Route 58, have been funded in such a way as to not require the use
19 of tolls; and
20 WHEREAS, the Virginia Department of Transportation is
21 evaluating options for funding the construction of the Southeastern
22 Expressway.
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25 That the City Council of the City of Virginia Beach
26 requests the Virginia Department of Transportation to seek the
27 concurrence of the Council of the City of Virginia Beach on any
28 proposed funding mechanism for the Southeastern Expressway prior
29 to committing to construction of the project.
30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32 That the Virginia Department of Transportation is hereby
33 requested to give the maximum possible consideration to the
34 provision of landscaping and buffering, to the end that the
35 appearance of the Southeastern Expressway be that of a scenic
36 parkway, and further, that the Department of Transportation give
37 consideration to providing necessary or appropriate means of
38 attenuating noise generated by traffic on the Expressway.
39 Adopted by the City Council of the City of Virginia Beach
40 on the Second day of april 1991.
41 CA-4179
42 \ordin\noncode\southe2.res
43 R-4
2
1 5
Item 111-G.2
RESOLUTIONS ITEM # 34266
Upon motion by Counci lwoman Parker, seconded by Counci Iman Lanteigne, City
Council ADOPTED:
Resolution providing for the ISSUANCE and SALE of
$2,000,000 General Obligation Public Improvement
Bonds, Series of 1991B, (Capital Appreciation
MINIBONDS) of the City of Virginia Beach, Virginia,
heretofore authorized; and, providing for the form,
details and payment thereof.
Giles G. Dodd, Assistant City Manager for Admlnlstration, advised the $2-
MILLION plus interest, upon maturity, will be part of the normal debt service
which will be budgeted ahead of time.
Votlng: 11-0
Council Members Votlng 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. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
At a regular meeting of the Council of the City of Virginia
Beach, Virginia (the "Council"), held on the 2nd day of April,
1991, at which the following members were present and absent:
PRESENT:
John A. Baum
James W. Brazier, Jr.
Robert W. Clyburn
Vice Mayor Robert E. Fentress
Harold Heischober
Louis R. Jones
Paul J. Lanteigne
Reba S. McClanan
Mayor Meyera E. Oberndorf
Nancy K. Parker
William D. Sessoms, Jr.
ABSENT:
the following resolution was adopted by the affirmative roll call
vote of a majority of all members of the Council, the ayes and
nays being recorded in the minutes of the meeting as shown below:
MEMBER VOTE
John A. Baum Aye
James W. Brazier, Jr. Aye
Robert W. Clyburn Aye
Vice Mayor Robert E. Fentress Aye
Harold Heischober Aye
Louis R. Jones Aye
Paul J. Lanteigne Aye
Reba S. McClanan Aye
Mayor Meyera E. Oberndorf Aye
Nancy K. Parker Aye
William D. Sessoms, Jr. Aye
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$2,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS,
SERIES OF 1991B (CAPITAL APPRECIATION MINIBONDS), OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE
AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND
PAYMENT THEREOF.
WHEREAS, the issuance of $8,000,000 bonds of the City of
Virginia Beach, Virginia (the "City"), was authorized by an
ordinance adopted by the Council on December 19, 1988, to finance
a program of road, highway and bridge improvements, none of which
bonds have been issued and sold; and
WHEREAS, the Council desires to sell $2,000,000 of such
bonds as capit4l appreciation minibonds to provide a convenient
opportunity for citizens to participate in the sale of bonds of
the City; and
WHEREAS, there has been presented to this meeting an
offering circular dated April 2, 1991 (the "Off ering Circular")
related to the issuance of the capital appreciation minibonds;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. Issuance and Sale of Bonds. There ar e provided to be
issued and sold $2,000,000 of the $8,000,000 bonds heretofore
authorized to finance road, highway and bridge improvements.
2. Bond Details. The bonds shall be designated "General
Obligation Public Improvement Bonds, Series of 1991B (Capital
Appreciation Minibonds)" (the "Bonds") shall be dated May 29,
1991, shall be in fully registered form in denominations of $500
and multiples thereof, and shall be numbered R-1 upward. The
Bonds shall mature three, four and five years from their date, as
may be determined by the purchasers thereof and ratified by the
Council hereafter, and shall bear interest at rates to be
determined by the Council hereafter, compounded semiannually and
payable at maturity. Principal and interest shall be payable in
lawful money of the United States of America to the registered
owners upon surrender of Bonds at their maturity or redemption at
the City's Department of Finance, Municipal Center, Virginia
Beach, Virginia, which is appointed Registrar (the "Registrar").
The Director of Finance, or his designee or designees, shall act
on behalf of the Registrar.
3. Redemption Provisions. The Bonds shall not be subject
to redemption prior to maturity, except as follows. At the
registered owner's request, the City shall redeem Bonds on the
first anniversary of the date of delivery of the Bonds and each
anniversary date thereafter (each such anniversary date
hereinafter referred to as a redemption date), at their accreted
value, as hereinafter described, to the redemption date. At
least 30 but not less than 7 calendar days immediately prior to
each redemption date, registered owners must deliver to the
Registrar an irrevocable written notice (with the signatures of
such registered owners notarized by a notary public) stating the
aggregate principal amount and bond numbers of all Bonds to be
redeemed and deliver such Bonds to the Registrar on or prior to
the redemption date. The city will honor such requests on a
first come, first served basis, not to exceed an aggregate of
$100,000 of principal amount plus compounded and accrued interest
per maturity at each such redempti6n date. Registered owners
will be charged an administrative fee of $10.00 per Bond redeemed
on each redemption date. If, pursuant to this paragraph, a
-2-
registered owner fails to deliver the Bonds to the City on or
prior to the redemption date, the Bonds will cease to accr,,
interest on such-date and the registered Owner will be entitled
only the amount due on the applicable redemption date.
In the event of the death of all registered owners of any
Bond, such Bond shall be redeemed by the City, upon evidence
thereof reasonably acceptable to the Registrar, within 10 days of
presentation to the Registrar at its accreted value on the date
of redemption.
For purposes of this section, accreted value of redeemed
Bonds shall be determined based on the semiannual compounding of
the original principal amount at the stated interest rate of the
Bonds to the redemption date based on a 30-day month and a 360-
day year.
4. Execution and Authentication. The Bonds shall be
signed by the facsimile signature of the Mayor, shall be
countersigned by the facsimile signature of the Clerk, and a
facsimile of the City's seal shall be printed thereon. No Bond
shall be valid until it has been authenticated by the manual
signature of an authorized officer or employee of the Registrar.
S. Bond Form. The Bonds shall be in substantially the
following form:
THIS BOND 18 NONTRANSFERABLE AND NONASSIGNABLM.
REGISTERED REGISTERED
No. R--
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General obligation Public improvement Bond, S8rieS Of 1991B
INTEREST RATE MATURITY DATE DATED DATE
% May 29, 199- May 29, 1991
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
-3-
The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof at its
Department of Finance, Municipal Center, virginia Beach, Virginia
(the "Registrar"), to the registered owner hereof, the principal
sum stated above on the maturity date stated above, and to pay
interest hereon at the rate stated above, compounded semiannually
and payable at maturity. Principal and interest are payable in
lawful money of the United States of America.
THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE
HEREOF, AND SUCH CONTINUED PROVISIOSS SHALL FOR ALL PURPOSES HAVE
THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF.
All acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or
be performed precedent to and in the issuance of this b,,d ha,,
happened, exist and have been performed, and the issue of bonds
of which this bond is one, together with all other indebtedness
of the City, is within every debt and other limit prescribed by
the Constitution and statutes of the Commonwealth of Virginia.
This bond shall not be valid until the Registrar shall have
executed the Certificate of Authentication appearing hereon.
IN WITNESS WHEREOF, the City of Virginia Beach, virginia,
has caused this bond to be signed by the facsimile signature of
its Mayor, to be countersigned by the facsimile signature of its
Clerk, a facsimile of its seal to be printed hereon and this bond
to be dated May 29, 1991.
COUNTERSIGNED:
(SEAL)
Clerk, inia Mayoi ginia
Beach, virginia Beach, Virginia
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in the within-
mentioned resolution.
CITY OF VIRGINIA BEACH, VIRGINIA
DEPARTMENT OF FINANCE
Registrar
By
Authorized S gnature
-4-
(Reverse of Bond)
ADDITIONAL BOND PROVISIONS
This bond is one of an issue of $2,000,000 General
obligation Public Improvement Bonds, Series of 1991A (Capital
Appreciation Minibonds), of like date and tenor, except as to
number and denomination, authorized by an ordinance adopted by
the Council on December 19, 1988, and is issued pursuant to the
Constitution and statutes of the Commonwealth of Virginia,
including the City Charter and the Public Finance Act, to finance
road, highway and bridge improvements.
The bonds are not subject to redemption prior to maturity,
except as follows. At the registered owner's request, the City
shall redeem Bonds on the first anniversary of the date of
delivery of the Bonds and each anniversary date thereafter (each
such anniversary date hereinafter referred to as a redemption
date), at their accreted value, as hereinafter described, to each
redemption date. At least 30 but not less than 7 calendar days
immediately prior to the redemption date, registered owners must
deliver to the Registrar an irrevocable written notice (with the
signatures of such registered owners notarized by a notary
public) stating the aggregate principal amount and bond numbers
of all Bonds to be repurchased and deliver such Bonds to the
Registrar on or prior to the redemption date. The City will
honor such requests on a first come, first served basis, not to
exceed an aggregate of $100,000 of principal amount plus
compounded and accrued interest per maturity at each such
redemption date. Registered owners will be charged an
administrative fee of $10.00 per Bond redeemed on each redemption
date. If, pursuant to this paragraph, a registered owner fails
to deliver the Bonds to the City on or prior to the redemption
date, the Bonds will cease to accrue interest on such date and
the registered owner will be entitled only the amount due on the
applicable redemption date.
In the event of the death of all registered owners of this
bond, this bond will be redeemed by the City, upon evidence
thereof reasonably acceptable to the Registrar, within 10 days of
presentation to the Registrar at its accreted value on the date
of redemption.
For purposes of the preceding two paragraphs, accreted value
of redeemed bonds shall be determined based on semi-annual
compounding of the original principal amount at the stated
interest rate of the bonds to the redemption date based on a
30-day month and 360-day year.
The full faith and credit of the City are irrevocably
pledged for the payment of principal of and interest on this
bond.
-5-
The bonds are issuable as fully registered bonds in
denominations of $500 and multiples thereof. The bonds are not
transferable oi assignable.
The Registrar shall treat the registered owner as the person
exclusively entitled to payment of principal and interest and the
exercise of all other rights and powers of the owner. If this
bond is registered in the name of more than one registered owner,
it shall be deemed to be registered in such owners' names as
joint tenants with right of survivorship.
6. Pledge of Full Faith and Credit. The full faith and
credit of the City are irrevocably pledged for the payment of
principal of and interest on the Bonds. Unless other funds are
lawfully available and appropriated for timely payment of the
Bonds, the Council shall levy and collect an annual ad valorem
tax, without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay the principal of
and interest on the Bonds, as the same become due and payable.
7. Registration and Owners of Bonds. The Registrar shall
maintain registration books for the registration of Bonds. The
Registrar shall treat the registered owner as the person
exclusively entitled to payment of principal and interest and the
exercise of all other rights and powers of the owner. All Bonds
registered in the name of more than one registered owner shall be
deemed to be registered in such owners' names as joint tenants
with right of survivorship.
8. Interest Rate. The interest rate or rates on the Bonds
shall be determined by the Council hereafter.
9. Offering Circular. The Council authorizes the
distribution of the Offering Circular dated April 2, 1991,
describing the Bonds to prospective purchasers of the Bonds,
copies of which have been provided to the members of the Council.
10. Official Statement. The City Manager, in collaboration
with the City's financial advisors, is authorized and directed to
have prepared and distributed, in accordance with standard
practices for the offering of municipal securities, an official
Statement by which the Bonds will be sold.
ii. Delivery of official Statement. The City shall arrange
for the delivery to each purchaser of Bonds an Official Statement
describing the Bonds.
12. Bond Sale. The Bonds shall be sold at public sale by
the Registrar, upon such terms and conditions as the Director of
Finance shall reasonably determine that are not inconsistent with
this resolution.
-6-
13. Preparation and Delivery of Bonds. After the interest
rate or rates bas been determined, the Mayor, the City Manager,
the Clerk and the Registrar are authorized and directed to take
all proper steps to have the Bonds prepared and executed in
accordance with their terms and to deliver the Bonds to the
purchasers thereof upon payment therefor.
14. Arbitrage Covenants. The City covenants that it shall
not take or omit to take any action the taking or omission of
which will cause the Bonds to be "arbitrage bonds" within the
meaning of Section 148 of the Internal Revenue Code of 1986, as
amended, including regulations issued pursuant thereto (the
"Codell), or otherwise cause interest on the Bonds to be
includable in the gross income of the registered owners thereof
under existing statutes. Without limiting the generality of the
foregoing, the City shall comply with any provision of law that
may require the City at any time to rebate to the United States
any part of the earnings derived from the investment of the gross
proceeds of the Bonds. The City shall pay from its general funds
any such required rebate.
15. SNAP Investment Authorization. The Council has
previously received and reviewed the Information Statement dated
May 1, 1990 (the "Information Statement"), describing the State
Non-Arbitrage Program of the Commonwealth of Virginia (I-SNAP-1)
and the Contract Creating the State Non-Arbitrage Program Pool I
dated January 16, 1989, amended September 1, 1989 (the
"Contract"), and the Council authorizes the Treasurer to utilize
SNAP in connection with the investment of the proceeds of the
Bonds. The Council acknowledges that the Treasury Board of the
Commonwealth of Virginia is not, and shall not be, in any way
liable to the City in connection with SNAP, except as otherwise
provided in the Contract.
16. Non-Arbitrage Certificate and Elections. Such officers
of the City as may be requested are authorized and directed to
execute an appropriate certificate setting forth the expected use
and investment of the proceeds of the Bonds, and to make any
elections such officers deem desirable regarding any provision
requiring rebate of earnings to the United States, for purposes
of complying with Section 148 of the Code. Such certificate
shall be in such form as may be requested by bond counsel for the
City.
17. Limitation on Private Use. The City covenants that it
shall not permit the proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds being
used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code, (b)
5% or more of such proceeds being used with respect to any output
facility (other than a facility for the furnishing of water),
within the meaning of Section 141(b)(4) of the Code, or (c) 5% or
-7-
more of such proceeds being used directly or indirectly to make
or finance loans to any persons other than a governmental unit,
as provided in'.Section 141(c) of the Code; provided, however,
that if the City receives an opinion of nationally recognized
bond counsel that any such covenants need not be complied with to
prevent the interest on the Bonds from being includable in the
gross income for federal income tax purposes of the registered
owners thereof under existing law, the City need not comply with
such covenants.
la. other Actions. All other actions of officers of the
City in conformity with the purposes and intent of this
resolution and in furtherance of the issuance and sale of the
Bonds are approved and confirmed. The officers of the City are
authorized and directed to execute and deliver all certificates
and instruments and to take all such further action as may be
considered necessary or desirable in connection with the
issuance, sale and delivery of the Bonds.
19. Filing of Resolution and Publication. The Clerk, in
collaboration with the City Attorney, is authorized and directed
to see to the immediate filing of a certified copy of this
resolution with the Circuit Court of the City of Virginia Beach
and within 10 days thereafter to cause to be published once in a
newspaper having general circulation in the City a notice setting
forth (a) in brief and general terms the purposes for which the
Bonds are to be issued and (b) the amount of the Bonds.
20. Repeal of Conflicting Resolutions. All resolutions or
parts of resolutions in conflict herewith are repealed.
21. Effective Date. This resolution shall take effect
immediately.
The undersigned Clerk of the City of Virginia Beach,
Virginia, certifies that the foregoing constitutes a true and
correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach held on the 2nd day of
April, 1991, and of the whole thereof so far as applicable to the
matters referred to in such extract.
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this 2nd day of April, 1991.
Clerk, City of Virginia Beach,
Virginia
(SEAL)
- 16 -
Item 111-G.3
RESOLUTIONS ITEM # 34267
Upon motion by Vice Mayor Fentress, seconded by Councilman Helschober, City
Council ADOPTED:
Resolution appointing Paine Webber, Inc., Cralgle
Incorporated, Wheat First Securities, Inc. and
Scott Stringfellow Investment Corporation as
Underwriters re planned issuance of $19,975,000
Water and Sewer Revenue Bonds; and, authorize the
City Manager to appoint a selling group of
additional underwriters including but not limited
to Legg Mason Wood Walker, Inc., A. G. Edwards &
Son, Inc., Ferris Baker Watts, Inc. and Davenport &
Company.
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Councii Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION FOR APPROVAL OF
UNDERWRITERS FOR WATER AND
SEWER REVENUE BONDS
WHEREAS, City Council has approved various improvements
to the City's water and sewer system and has authorized the
financing of these improvements with the issuance of water and
sewer revenue bonds, and
WHEREAS, the City is undertaking the development of a
master bond resolution to serve as the City's guide in issuance of
water and sewer revenue bonds, and
WHEREAS, the first issuance of water and sewer revenue
bonds under this master resolution is planned for the summer of
1991 to consist of 1988 and 1989 water and sewer revenue bond
authorizations, and
WHEREAS, after advertising for and reviewing applications
of investment banking firms and interviewing certain firms, the
City staff, upon consultation with representatives of Government
Finance Associates, Inc. and Government Finance Research Center,
the "Financial Advisors" of the City, have recommended a managing
underwriting team for the first such issuance of water and sewer
revenue bonds.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. Paine Webber, Inc., Craigie Incorporated, Wheat,
First Securities, Inc., and Scott and Stringf ellow Investment Corp.
are hereby appointed as the Underwriters for the planned issuance
of $19,975,000 Water and Sewer Revenue Bonds. Paine Webber, Inc.
is appointed the book-running senior manager and Craigie
Incorporated, Wheat, First Securities, Inc. and Scott and
Stringfellow Investment Corp. are appointed as co-managers.
2 . The City Manager and staf f of the Department of
Finance are hereby authorized to appoint a selling group of
additional underwriters including but not limited to Legg Mason
Wood Walker, Inc., A. G. Edwards & Son, Inc., Ferris Baker Watts,
Inc., and Davenport & Company of Va.
3. This resolution shall take effect immediately.
Adopted by the Council of the City of Virginia Beach, Virginia
on the qprond - day of April , 1991.
1 7
Item 111-G.4
RESOLUTIONS ITEM # 34268
Captain L. K. Fenlon, 2224 Scallop Road, represented the Great Neck Association
of Civic Leagues, advised the competitor for this exchange was the Great Neck
Associatlon of Little Leagues. The Association of Civic Leagues was against
the location of the Little League in their "back yards". Mr. Fenton will meet
with Mr. Gallacher, representatives of the Department of Parks and Recreation
concerning a location.
Mr. Scott Gailacher represented the Great Neck Little League Association as
Site Committee Chairman. The Little League is comprised of 49 teams. The
property outlined in yellow deplcts the property involved in the exchange.
This site abuts 8 properties. Mr. Gallacher depicting a plat displaying the
four existing fields at the Great Neck Recreation Center. The Little League
wishes to utilize these existing fields.
Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution authorizing the City Manager to
negotiate with the Greek Orthodox Church of
Virginia Beach and the appropriate state and
federal agencies re exchange of certain parcels on
Shorehaven Road for 6.8 acres of land on Little
Neck Road (LYNNHAVEN BOROUGH).
Councilman Brazler advlsed the Shorehaven Property was purchased with Federal
proceeds and one of the stlpulations belng It be utilized for recreation
purposes. As the Church does not fit this particular requirement, permisslon
must be obtalned from the Federal Government. Mr. Gallacher had conferred with
C & P Telephone Company who were considering allowing the Little League to
utilize the parcel of property which abuts the northern most portion for two
fields, allowing tor some arrangement, if possible, to be made w*ith the Greek
Church concerning the southernmost portion. Councilman Brazier advised the
Shorehaven Property was last appraised in 1988 and requested this appraisal be
updated prior to a final resolution. The Little League wishes to utilize
existing fields at the Great Neck Recreation Center.
Voting: 11-0
Council Members Votlng Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE WITH THE GREEK ORTHODOX CHURCH OF
VIRGINIA BEACH AND THE APPROPROIATE STATE AND
FEDERAL AGENCIES FOR AN EXCHANGE OF LAND.
WHEREAS, the city acquired through a combination of
federal and state funds, property off Shorehaven Road for
recreational uses; and
WHEREAS, a ten acre out parcel acquired has not been
identified for use by the City's Department of Parks and
Recreation; and
WHEREAS, approximately 40% of this property is unsuitable
for development because of topography and drainage easements; and
WHEREAS, the Greek Orthodox Church is desirous of
building a worship facility in the Great Neck area; and
WIHEREAS, the surplus parcel on Shorehaven Road would be
adequate for the Greek orthodox Church purposes; and
WHEREAS, the Greek Orthodox Church wishes to exchange a
parcel of property off Little Neck Road for the Shorehaven Road
parcel; and
WHEREAS, this would require not only City Council
approval but approval by state and federal agencies because of the
funding source for the original purchase of the Shorehaven Road
parcel.
NOW THEREFORE BE IT RESOLVED that the City Manager is
authorized to negotiate with the Greek Orthodox Church and the
appropriate state and federal agencies for an exchange in land
between the city and the Greek orthodox Church namely the
Shorehaven Road parcel for the parcel owned on Little Neck Road by
the Greek Orthodox Church; and
WHEREAS, if the state and federal agencies approve this
exchange then the City Manager is directed to bring this matter
back to City Council for its final approval.
Resolved by the Council of the City of Virginia Beach on
the Second day of April 199 OVED AS TO C
A' -;O
LECAL
r-orM
COMPARISON OF CITY OWNED
AND
GREEK ORTHODOX CHURCH OWNED PARCELS
Shorehaven Road Little Neck Road
Acreage 10.154 ac. 6.827 ac.
Zoning Pi R20, R30, R40
Frontage 7801 on Shorehaven Dr. 501 right-of-way
from Little Neck Rd.
Improvements None None
Utilities
Available All City All City
Present Use Vacant Land Vacant Land
Appraisal Date 7/21/88 11/12/90
Appraised Value $305,000 $410,000
other City drainage easement Property is ir-
running through middle regular in shape
of property as well as 10 to 20% of the
a portion of the rear of property may be un-
the property lines. developable because
Approximately 40% of the of flood plain re-
property is undevelop- strictions.
able due to topographical
problems.
- 18 -
Item 111-H.l.a..
ORDINANCES ITEM # 34269
Upon motion by Counciiman Heischober, seconded by Councilman Jones, Clty
Council ADOPTED:
Ordinances to AMEND and REORDAIN Section 8-31 of
the Code of the City of Virginia Beach, Virginia re
building permit fees for certain structures In
Chesapeake Bay Preservation Areas.
Councilman Baum requested a report be furnished within three months monitoring
this program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lantelgne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Ar,plzo\'ED AS TO LEC7AL
jg(
1 AN ORDINANCE TO AMEND AND REORDAIM SECTION 8-
2 31 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 PERTAINING TO FEES FOR BUILDING PERMITS FOR
4 CERTAIN STRUCTURES IN CHESAPEAKE BAY
5 PRESERVATION AREAS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Section s-31 of the Code of the City of Virginia
9 Beach, pertaining to fees for building permits, be, and hereby
10 is, amended and reordained, and shall read as follows:
11 Section 8-31. Permit fees - Building permits.
12 (a) It shall be unlawful for any person to construct,
13 enlarge, alter, repair or demolish any building or structure as
14 defined in the Virginia Uniform Statewide Building code, without
15 first obtaining a building permit therefor and paying the permit
16 fees set forth in this section.
17 (b) The minimum fee for any building permit shall be fifteen
18 dollars ($15.00).
19 (c) For the construction of any building or addition thereto
20 where the floor area is increased and for the installation or
21 erection of any industrialized building unit, the fee shall be
22 based on the floor area to be constructed, as computed from
23 exterior building dimensions at each floor, as follows:
24 Type of size in Base Additional
25 Building Permit Square Feet Fee Rate Per
26 100 Sq. Ft
27 (1) Residential 100- 2,000 - 6.00
28 2,000- 5,000 $120 5.00
29 5,000-100,000 270 4.00
30 ioo,ooo+ 4,070 3.00
31 (2) Business/ 100- 2,000 - 7.00
32 mercantile 2,000- 10,000 140 6.00
33 10,000- 25,000 620 5.00
34 25,000+ 1,370 4.00
35 (3) Institutions 100- 1,000 - 7.00
36 1,000- 5,000 70 6.00
37 5,000- 20,000 310 5.00
38 20,000+ 1,060 4.00
39 (4) Assembly, churches 100- 1,000 7.00
40 and government 1,000- 5,000 70 6.00
41 buildings 5,000- 15,000 310 5.00
42 15,000+ 810 4.00
43 (5) Storage 100- 2,000 - 4.00
44 2,000- 15,000 80 3.00
45 15,000+ 470 2.00
46 (6) Industrial ioo- 2,000 - 5.00
47 2,ooo- 5,000 100 4.00
48 5,000+ 220 3.00
49 (7) Hazardous storage 100- 5,000 - 4.00
50 or occupancy 5,000- 10,000 200 3.00
51 io,ooo+ 350 2.00
52 (8) Residential 0- 1,000 - 4.00
53 accessory 1,000+ 40 2.00
54 buildings
55 (9) Farm buildings 0- 2,000 - 3.00
56 2,000+ 60 2.00
57 Farm buildings and structures shall be subject to the
58 requirements of this section; provided, however, that farm
59 buildings and structures not used for residential purposes shall
60 not be subject to the technical requirements of the Virginia
61 Uniform Statewide Building Code.
62 (10) Alterations, repairs, private piers, bulkheads, pools,
63 elevators, commercial interior finish, miscellaneous structures_
64 and structures l.ocated in a Chesapeake Bay Preservation Area for
65 which-a nermit fee is not otherwise prescribed by this section
66 including, but not limited to. idatios an
67 a. For a valuation of less than one hundred
68 dollars ($100.00), no fee shall be required,
69 unless an inspection is necessary, in which
70 case there shall be a fifteen dollar ($15.00)
71 fee.
72 b. The ininimum fee shall be fifteen dollars
73 ($15.00).
74 C. For a valuation up to five thousand dollars
75 ($5,000.00), the fee shall be ten dollars
76 ($10.00) per thousand or fraction thereof.
77 d. For a valuation up to and including twenty
78 thousand dollars ($20,000.00), the fee shall
79 be fifty dollars ($50.00) for the first five
2
80 thousand dollars ($5,00o.00) plus five dollars
81 ($5.00) for each additional one thousand
82 dollars ($1,000-00) or fraction thereof.
83 e. For a valuation up to and including one hundred
84 thousand dollars ($loo,ooo.00), the fee shall
85 be one hundred twenty-five dollars ($125.00)
86 for the first twenty thousand dollars
87 ($20,000-00) plus four dollars ($4.00) for each
88 additional thousand or fraction thereof.
89 f. For a valuation over one hundred thousand
90 dollars ($100,000.00) the fee shall be four
91 hundred forty-five dollars ($445-00) for the
92 first one hundred thousand dollars
93 ($loo,ooo.oo) plus three dollars ($3.00) for
94 each additional thousand or fraction thereof,
95 without liinit-
96 (11) Moving of buildings or structures:
97 For the moving of any building or structure
98 into, out of, through or within the city, the
99 fee shall be calculated in accordance with
100 section 8-31(c)(1).
101 (12) Demolitions:
102 For the demolition of any building or
103 structure, the fee shall be twenty-five dollars
104 ($25.00).
105 (13) Signs:
106 a. Fees for the erection, painting, placing,
107 replacing, repairing, hanging or rehanging of
108 signs shall be based on the total surface area
109 of all sign faces, and shall be as follows:
110 (1) Single face signs:
ill 4-32 square feet .......... $ 40.00
112 33-75 square feet .......... $ 60.00
113 76-150 square feet ......... $100.00
3
114 (2) Double face signs:
115 4-32 square feet .......... $ 80.00
116 33-75 square feet .......... $100.00
117 76-150 square feet ......... $120.00
118 b. The fee for a permit for the repair of a
119 billboard shall be in accordance with section
12 0 8-31(c) (10) .
121 C. Fees for the erection, painting, placing, replacing,
122 repairing, hanging or rehanging of temporary signs shall
1 2 3 be in an amount equal to one-half (1/2) of the fee
124 chargeable for permanent signs of like size.
125 (14) Penalty: If any construction, alteration, repair, or other
126 work requiring a permit under this article is commenced before said
127 permit is secured and fee paid for same, a penalty of fifty dollars
128 ($50.00) shall be added to the fee due. Payment of such penalty
129 shall not in any way relieve the violator of any criminal
130 prosecution.
131 (15) Tents: Tents and other temporary structures permit fee shall
132 be fifteen dollars ($15.00).
1 3 3 (16) Reinspection fee: There shall be a minimum of twenty-five
134 dollars ($25.00) additional fee charged for each reinspection.
13 5 (17) Appeal: The fee for submitting an appeal to the board of
1 3 6 building code appeals shall be twenty-five dollars ($25.00). Such
137 fee shall be paid by the appellant.
138 (18) Reconnect or change of use: There shall be a minimum fee of
139 twenty dollars ($20.00) for each inspection.
140 (19) Application for septic tank soil evaluation:
141 The fee shall be fifty dollars ($50.00) paid at the time of
142 application. If the application is approved, the septic tank
143 permit shall be issued with no additional fee.
144 Adopted by the City Council of the City of Virginia
145 Beach, Virginia, on the 2nd day of April 1991.
146 CA-91-4071
147 \ordin\08-031.pro
148 R-2
4
- 19 -
Item 111-H.l.a..
ORDINANCES ITEM # 34270
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925,
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED, AS AMENDED*:
ordinances to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virglnia, by adding Section
8-31.1 re building permit fees for fences and
walls.
*The fee for permits required by this section shal I be a "flat feel' twenty-five
dollars ($25.00).
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND RE-
2 ORDAIN THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA BY
4 ADDING SECTION 8-31.1, PERTAIN-
5 ING TO PERMITS FOR FENCES AND
6 WALLS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That the Code of the City of Virginia Beach is hereby
10 amended and reordained by adding a new section, Section 8-31.1, to
11 read as follows:
12 Setin 8-31.1. Feces ad walls.
13 (a) eri re
14 recons-t-ruc v fence or wall
15 locz c rig
16 fenc ltural ral
17 purt
18 shall re uire a se arate el
19 under common wnershi .
20 (b) red by this be
21 twnt -five dollars 25.00 -
22 Adopted by the City Council of the City of Virginia
23 Beach, Virginia, on the 2nd day of 1991.
24 CA-3861
25 \ordin\proposed\08-031-l.pro
26 R-3
- 20 -
Item III-H.l.c.
ORDINANCES ITEM # 34271
Paul West, 1333 Gannet Run, Phone: 459-3400, representing the Eastern Surfing
Association, registered in OPPOSITION but was not in attendance.
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council DEFERRED until the City Council Session of April 23, 1991:
Ordinances to AMEND and REORDAIN Sections 6-3, 6-5,
6-10, 6-30, 6-31, 6-114, and 6-116 of the Code of
the City of Virginia Beach, Virginia re beaches,
boats and waterways.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
21 -
item
CONSENT AGENDA ITEM # 34272
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, CitY
Council APPROVED In ONE 14oTION Items la.b., 2a.b, 3, 4a.b. and 5 of the CONSENT
AGENDA.
Item 1.2c. was pulled tor a separate vote.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
22 -
Item I
CONSENT AGENDA ITEM # 34273
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, C,tY
Council ADOPTED:
Resolution referring to the Planning Commission
proposed amendments to the City Zoning Ordinance:
ADDING Section 106 re fees: applications for
zoning variances and appeals.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McC]anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION A PROPOSED
3 AMENDMENT TO SECTION 106 OF THE CITY
4 ZONING ORDINANCE, PERTAINING TO
5 APPLICATIONS FOR ZONING VARIANCES
6 AND APPEALS
7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That there is hereby referred to the Planning
10 commission, for its consideration and recommendation, a proposed
11 amendment to section 106 of the City Zoning ordinance, pertaining
12 to applications for zoning variances and appeals. A true copy of
13 such proposed amendment is hereto attached.
14 Adopted by the City Council of the City of Virginia
15 Beach, Virginia, on the 2nd day of April 1991.
16 CA-91-4153
17 \noncode\czoIO6.res
18 R-1
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 106 OF THE CITY ZONING
3 ORDINANCE, PERTAINING TO ZONING
4 APPEALS AND VARIANCES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 106 of the City Zoning Ordinance,
8 pertaining to zoning appeals and variances, be, and hereby is,
9 amended and reordained, and shall read as follows:
10 Section 106. Appeals and variances.
11 (a) The board of zoning appeals shall hear and decide
12 appeals from any order, requirement, decision, or determination
13 made by an administrative officer in the administration or
14 enforcement of this ordinance. In addition thereto, the board
15 shall have such other powers and duties as are set forth in
16 section 15.1-495 of the Code of Virginia; provided, however, that
17 the board shall have no authority to hear and decide applications
18 for conditional use permits.
19 (b) The membership, organization and procedures of the
20 board of zoning appeals shall be as set forth in sections 15.1-
21 494 through 15.1-497 of the Code of Virginia, as amended. In the
22 event the board denies an application for a variance,
23 substantially the same application shall not be considered by the
24 board for a period of one (1) year from the date of denial.
25 (c) Every application to the board of zoning appeals
26 shall be accompanied by a fee of one hundred five dollars
27 ($105.00), which shall be applied to the costs of advertising and
28 expenses incidental to the processing of the application. Each
29 zo which a variance is req be the subiect
30 -1
3 1that va s
32 aect and wall. -e
33 ect of a sin le a licatin and fee wh.,e the f.11-W-11
34 conditions are met,
35 (1) Th. it. . n whih th. vrince j. r. ested are
36 c L
37 as s own on the recorded Jat of the subdivision in
38 w
39 (2) 1-
40 v
41 a fii. hnmpc)wners'
42
43
44
45 ir the meynbers thereof tO
46 construct and mz e.
47 (3)
48 associatio- and
49 (4) ap tifies to
50
51 she is ehalf
52 of the homeowners, association in the ma ter and
53 that s i nner
54 prescri.bed by i irnent the
55 filing of the applic ti@on,
56 (d) In regard to Article 12 and the National Flood
57 Insurance Program, variances should only be issued for new
58 construction and substantial improvements to be erected on a lot
59 of one-half (1/2) acre or less in size contiguous to and
60 surrounded by lots with existing structures constructed below the
61 base flood level, in conformance with the procedures below:
62 (1) Variances shall only be issued upon a showing of
63 good and sufficient cause, a determination that failure to grant
64 the variance would result in exceptional hardship to the
65 applicant, and a determination that the granting of a variance
2
66 will not result in increased flood heiqhts, additional threats to
67 public safety, extraordinary public expense, create nuisances,
68 cause fraud on or victimization of the public, or conflict with
69 existing local laws or ordinances.
70 (2) Variances shall only be issued upon a determination
71 that the variance is the minimum necessary, considering the flood
72 hazard, to afford relief.
73 (3) The city of Virginia Beach shall notify the
74 applicant in writing over the signature of a city official that
75 the issuance of a variance to construct a structure below the base
76 flood level will result in increased premium rates for flood
77 insurance up to amounts as high as twenty-five dollars ($25.00)
78 per one hundred dollars ($100.00) of insurance coverage, and such
79 construction below the base flood level increases risks to life
80 and property. Such notification shall be maintained with a record
81 of all variances actions as required in paragraph (4) below.
82 (4) The City of Virginia Beach shall maintain a record
83 of all variance actions, including justification for their
84 issuance, and report such variances issued in its annual report
85 submitted to the administrator.
86 Adopted by the City Council of the City of Virginia
87 Beach on the day of 1991.
88 CA-91-4081
89 \ordin\proposed\45-106.ord
90 R-1
3
- 23 -
item 111-1.1-b.
CONSENT AGENDA ITEM # 34274
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolutions referring to the Plannlng Commisslon
proposed amendments to the City Zoning Ordinance:
Section 210.1 re fees: permits for signs.
Votlng: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McC]anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
None
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION A PROPOSED NEW
3 SECTION 210.1 OF THE CITY ZONING
4 ORDINANCE, PERTAINING TO PERMITS FOR
5 SIGNS
6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That there is hereby referred to the Planning
9 Commission, for its consideration and reconimendation, a proposed
10 amendment to the city zonincj Ordinance, consisting of a new
11 Section 210.1, pertaining to permits for signs. A true copy of
12 such proposed amendment is hereto attached.
13 Adopted by the city Council of the City of Virginia
14 Beach, virginia, on the 2nd day of 1991-
15 CA-91-4129
16 \noncode\sign.res
17 R-1
6=OVED AS,10 Co@E:-4TS
DEf'
AM@OVED AS TO LEGAL
Cl'rY ATTORNEY
1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY
2 ZONING ORDINANCE BY THE ADDITION OF A NEW
3 SECTION 210.1, PERTAINING TO SIGN PERMITS
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6 That the City Zoning Ordinance of the City Of virginia
7 Beach be, and hereby is, amended and reordained by the addition of
8 a new section, to be designated as Section 210.1, which shall read
9 as follows:
10 ec. 210.1. Si rnits-
11 No sign, other than a si n athriled b section 211 shall
12 be erected, constructed, ret)laced, repaired, repainted or otherwise
13 di ss a permit authorizing the same has been
14 the zoning Fees for such permits shall be as set
15 forth in Se ode. A22lications for sign
16 permits shall be made to the zoning administrator, who may r ire
17 su grams and other information as may be neces to
18 determine whether a proposed sign ovisions of
19 this ordinance, the virginia Uniform State
20 any other applicable ordinance or.. ation.
21 The zoning administrator shall approve or den an a liation
22 within thirty ( ts submitta
23 if the application or acc Lnsufficient to
24 allow a determination of compliance, he shall so
25 applicant and shall, in such c )Dlication
26 within thirty (30) days of the date of submittal of
27 information.
28 Adopted by the City Council of the City of Virginia Beach,
29 Virginia, on the day of 1991.
30 CA-91-4058
31 \ordin\proposed\45-210-l.pro._
32 R-2
- 24 -
Item III-I.2a.
CONSENT AGENDA ITEM # 34275
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN Sections 30-57,
30-59 and 30-61 of the Code of the City of Virginia
Beach, Virginia re erosion, sediment control and
tree protection.
Councilman Baum advised the floodplain definition provided by the City Manager
is acceptable. The asterisk at the end of line 63 signifies a reference in the
City Code to another section of the Code applicable to this one.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
APP NTENTS
(AEPARTMENT
APPROVED AS TO LEGAL
Y jWD FORM
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 30-57, 30-59 AND 30-61 OF
3 THE CODE OF THE CITY OF VIRGINIA
4 BEACH, PERTAINING TO EROSION AND
5 SEDIMENT CONTROL AND TREE PROTECTION
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Sections 30-57, 30-59 and 30-61 of the Code of the
9 city of virginia Beach, pertaining to erosion and sediment control
10 and tree protection, be, and hereby are, amended and reordained,
11 and shall read as folloWS:
12 section 30-57. Definitions.
13 As used in this article, the following words and terms shall
14 have the meanings ascribed to them in this section, unless the
15 context requires a different meaning:
16 . . .
17 Land- activity means any land change
is which may result in soil erosion from water or wind and the
19 movement of sediments into state waters or onto lands in the city,
20 including, but not limited to, clearing, grading, excavating,
21 transporting, and filling of land, except that the term shall not
22 include:
23 (1) Minor land- disturbing activities such as
24 home gardens and indiv-'Idual home landscap-'@ng, repairs
25 and maintenance work;
26 (2) Individual service connections;
27 (3) Installation, maintenance or repair of any underground
28 public utility lines when such activity occurs on an
29 existing hard surfaced road, street or sidewalk,
30 provided the land- disturbing activity is
31 confined to the area of the road, street or sidewalk
32 which iS hard surfaced;
33 (4) Septic tank lines or drainage fields, Inless included in
34 an overall plan for land-disturbing activity relating to
35 the construction of the building to be served by the
36 septic tank system;
37 (5) surface or deep mining;
38 (6) Exploration or drilling for oil and gas, including the
39 well site, roads, feeder lines and off-site disposal
40 areas;
41 (7) Tilling, planting or harvesting of agricultural,
42 hortiCUltural or forest crops or livestock feedlot
43 operations; including engineering operations as follows:
44 construction of terraces, terrace outlets, check dams,
45 desilting basins, dikes, ponds, ditches, strip cropping,
46 lister furrowing, contour cultivating, contour
47 furrowing, land drainage and land irrigation;
48 (8) Repair or rebuilding of the tracks, right-of-way,
49 bridges, communication facilities and other related
50 structures and facilities of a railroad company;
51 (9) Agricultural engineering operations including but not
52 limited to the construction of terraces, terrace
53 outlets, check dams, desilting basins, dikes, ponds not
54 required to comply with the Dam safety Act,
55 ditches, strip cropping,
56 lister furrowing, contour cultivating, contour
57 furrowing, land drainage and land irrigation;
58 (lo) Preparation for single-family residences separately
59 built, unless in conjunction with multiple construction
60 in a subdivision development;
61 (11) Disturbed land areas of less than 10,000 square feet in
62 size, except when this activity takes place in any
63 floodplain area, as defined in the zoning ordinance;+
64 (12) Installation of fence and sign posts or telephone and
65 electric poles and other kinds of posts or poles;
2
101 which may be required of him by the approved plan as a result of
102 his land-disturbing activity. If the city takes such conservation
103 action upon such failure by the permittee, the city May collect
104 from the permittee for the difference should the amount of the
105 reasonable COST Of such action exceed the amount of the security
106 held. within sixty (60) days of the achievement of adequate
107 stabilization of the land-disturbing activity, such bond, cash
108 escrow, letter of credit or other legal arrangement, or the
109 unexpended or unobligated portion thereof, shall be refunded to
110 the applicant or terminated. These requirements are in addition
ill to all other provisions of law relating to the issuance of such
112 permits and are not intended to otherwise affect the requirements
113 for such permits.
114 Section 30-61. Program administration, plan review and inspection
115 fee.
116 At the time an erosion and sediment control plan is submitted
117 a fee not exceeding $1,000 shall be paid. The
118 irector of develo ment ervic-s may determine the amount
119 of fee based upon the anticipated costs associated with the
12 0 issuance of grading or land-disturbing permit, plan review, and
121 anticipated periodic inspection for compliance with the erosion
1 2 2 and sediment control plan. Such fee shall be submitted to the
1 2 3 retor of de,,el. ment services and
124 made payable to the treasurer of the city of Virginia Beach.
12 5 Adopted by the City Council of the City of Virginia
126 Beach on the nd day of April 1991.
127 CA-90-3991
128 \ordin\proposed\30-057et.pro
129 R-1
4
- 25 -
Item 111-1.2b.
CONSENT AGENDA ITEM # 34276
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, CitY
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 16-12 of
the Code of the City of Virginia Beach, Virginia re
certif lcates of occupancy for certain dwellings
and dwelling units to delete the SUNSET provislon.
The City Clerk referenced a letter from the Tidewater Board ot Realtors In
support of the Ordinance. Said letter Is hereby made a part of the record.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AS TO, CONTENTS
AFMOVEDAST,O,,@',@,@@t
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 16-12 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, PERTAINING
4 TO CERTIFICATES OF OCCUPANCY FOR
5 CERTAIN DWELLINGS AND DWELLING UNITS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Section 16-12 of the Code of the City of Virginia
9 Beach, pertaining to certificates of occupancy for certain
10 dwellings and dwelling units, be, and hereby is, amended and
11 reordained, and shall read as follows:
12 Section 16-12. certificates of Occupancy; Inspections of Certain
13 Dwellings and Dwelling units.
14 (a)(1) No owner of any dwelling or dwelling unit located in
15 an area designated by the city manager as a Special Emphasis Area
16 pursuant to subsection (b) hereof shall permit any person to
17 occupy such property as a tenant or otherwise for valuable
18 consideration, except pursuant to the sale or exchange thereof,
19 unless a Certificate of Occupancy authorizing the occupancy of the
20 property has been issued by the director of housing and
21 neighborhood preservation. once issued, a certificate of
22 Occupancy shall not thereafter be required for a period of one
23 year or until the property is to be occupied exclusively by
24 persons other than those in occupancy on the date such Certificate
25 was issued, whichever period is the greater. In the case of
26 dwellings and dwellinq units for which a certificate of occupancy
27 has been issued by the zoning administrator pursuant to Section
28 103 of the City Zoning ordinance, the provisions of Section 16-
29 12.1 (c) shall apply.
30 (2) No Certificate of occupancy shall be required for any
31 property occupied as of the date the area in which it is located
32 is designated as a Special Emphasis Area until such property
3 3 becomes occupied exclusively by persons other than those in
34 occupancy on such date.
35 (3) No electric power company shall commp-nce electrical
36 service to a property subject to this section or continue service
37 to any such property upon a change of occupancy thereof unless a
38 valid Certificate of Occupancy or Temporary Certificate of
39 Occupancy has been issued for such property. The director shall
40 promptly notify the electrical power company of the issuance of a
41 Certificate of Occupancy or Temporary Certificate of occupancy.
42 (b) The city manager shall designate as Special Emphasis
43 Areas those areas within the City to which the provisions of this
44 section shall apply. Such areas shall be designaIted upon the
45 basis of the following criteria:
46 (1) Number and percentage of dwellings and dwelling
47 units occupied exclusively by persons other than the owner
48 thereof;
49 (2) Physical condition of dwellings and dwelling units,
50 as determined by exterior housing condition surveys and code
51 enforcement statistics; and
52 (3) Eligibility for federal and state housing
53 assistance programs.
54 In designating Special Emphasis Areas, the city manager shall
55 give due regard to each of the criteria set forth hereinabove as
56 indicators of areas most likely to be benefitted from the
57 provisions of this ordinance. He shall set forth, in writing, his
58 findings and reasons for designating a Special Emphasis Area.
59 (c) The designation of an area as a Special Emphasis Area by
60 the city manager shall be reviewed by him on an annual basis.
61 When it appears that the application of the aforesaid criteria no
62 longer warrants the designation of a certain area of the City as
63 a Special Emphasis Area, he shall rescind his designation of such
64 area as a Special Emphasis Area.
65 (d) It shall be the responsibility of the owner of property
66 subject to the requirements of this section to notify the director
67 of any pending change of occupancy of such property and to request
2
68 an inspection thereof. Such inspection shall be performed within
69 two working days of the receipt of the request for inspection.
70 There shall be no fee for an initial inspection, but a fee of
71 twenty-five dollars ($25.00) shall be charged in the event repairs
72 or corrections are required and have not been completed by the
73 time of reinspection of the property. The owner of such Property
74 shall also be responsible for requesting a reinspection if
75 required. No Certificate of occupancy shall be issued unless all
76 required fees have been paid.
77 (e) The director shall issue a Certificate of Occupancy if
78 the property complies with all applicable laws, ordinances,
79 regulations and standards set forth in, or adopted or incorporated
so by, the Code of the city of Virginia Beach. In the event the
81 property is not in compliance with any one or more of such laws,
82 ordinances, regulations and standards, no Certificate of Occupancy
83 shall be issued. A Certificate of occupancy may be issued
84 immediately upon the conclusion of the initial inspection of the
85 property, so long as all requirements for the issuance thereof
86 have been met.
87 (f) (1) Notwithstanding the provisions of subsection (e) , the
88 director shall, in the circumstances set forth in subdivision (2)
89 hereof, issue a Temporary Certificate of Occupancy. A Temporary
90 Certificate of occupancy shall authorize the occupancy of the
91 property for such period of time as is reasonably necessary to
92 remedy or correct all defects or violations by reason of which the
93 Certificate of occupancy was refused, but not in excess of sixty
94 (60) days. Every such certificate shall set forth the period of
95 time for which temporary occupancy is authorized. It shall be a
96 condition of the issuance of every Temporary Certificate of
97 Occupancy that the property shall be brought into complete
98 compliance with all applicable laws, ordinances, regulations and
99 standards within the period of time specified therein, and the
100 willful failure to bring the property into such compliance shall
101 be a violation of this section. The director may extend a
102 Temporary Certificate of Occupancy for an additional period of not
3
103 more than sixty (60) days if the owner has diligently and in good
104 faith attempted to bring the property into compliance.
105 (2) A Temporary Certificate of Occupancy shall be issued in
106 the event:
107 (i) Property for which a Certificate of Occupancy was
106 refused may reasonably be brought into compliance within sixty
109 (60) days from the date of issuance of the Temporary Certificate
110 of Occupancy; and
ill (ii) All necessary repairs or corrections may be
112 performed safely and without undue inconvenience to the occupants
113 of the property; and
114 (iii) The condition of the property does not
115 constitute a hazard to the health or safety of the occupants
116 thereof.
117 (3) A Temporary Certificate of Occupancy may be issued
118 immediately upon the conclusion of the initial inspection of the
119 property, so long as all requirements for the issuance thereof
120 have been met.
121 (g) Any person aggrieved of any determination or decision of
122 the director made pursuant to this section shall have the right to
1 2 3 appeal such determination or decision within twenty (20) days to
124 the Board of Building Code Appeals. Notice of such appeal shall
125 be in writing, shall specify the grounds of appeal, and shall be
126 mailed or delivered to the director. All proceedings before the
127 Board shall be in accordance with the provisions of the Virginia
128 Uniform Statewide Building Code.
129 (h) Nothing in this section shall be construed to limit,
130 impair, alter or extend the rights and remedies of persons in the
131 relationship of landlord and tenant as such rights and remedies
132 exist under applicable law.
13 3 (i) Retrofitting of property subject to the provisions of
1 3 4 this section shall be required only if necessary to remedy a
13 5 serious and dangerous hazard to life or health. In all other
13 6 cases, dwellings and dwelling units shall be subject to the
137 requirements of law in effect at the time of their construction.
4
13 8 (j) Nothing in this section shall be construed to relieve or
139 exempt any person from otherwise complying with all applicable
14 0 laws, ordinances, standards and regulations pertainIing to the
141 condition of buildings and other structures.
142 (k) As used in this section:
14 3 (1) The term "property" shall be limited to dwellings and
14 4 dwelling units, and grounds thereof, within Special Emphasis Areas
14 5 so designated by the city manager pursuant to subsection (b)
146 hereof;
147 (2) The term "owner" shall mean, notwithstanding the
148 definition thereof set forth in Section 16-2 of this code, any
149 one or more persons, jointly or severally, in whom is vested all
150 or part of the legal title to property, or all or part of the
151 beneficial ownership and a right to present use and enjoyment of
152 property, including a mortgagee. Such term shall not be construed
153 to include any person acting solely as an agent or as a mortgagee
154 or trustee not in possession or control of the property.
155 (3) The term "director" shall mean the director of housing
156 and neighborhood preservation and such employees of the department
157 of housing and neighborhood preservation as the director inay
158 designate to administer and enforce this section.
159 (4) The term "person" shall mean any individual, group of
160 individuals, corporation, partnership, business trust, association
161 or other legal entity, or any combination thereof.
162 (1) The provisions of this Ordinance are intended to be
163 severable, and if any such provision be deemed or adjudged to be
164 invalid or unenforceable, the remaining portions of this ordinance
165 shall remain in full force and effect and th6ir validity
166 unimpaired.
1 67 (iR) T-his
168 99i
169 (m) A violation of this section shall be punishable as
170 provided in Section 16-11 of this chapter.
5
171 Adopted by the Council of the CitY of Virginia Beach,
172 Virginia, on the nd day of , 1991.
173 CA-91-4159
174 \ordin\proposed\16-102.pro
175 R-1
I
1
6
- 26 -
Item III-I.2c.
CONSENT AGENDA ITEM # 34277
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council DEFERRED until the City Council Session of April 23, 1991:
Ordinance to AMEND and REORDAIN Section 23-14.1 of
the Code of the City of Virginia Beach, Virginia re
public meeting, demonstrations, address, et cetera,
permit.
As the interpretation of this Ordinance has been troublesome, the City Attorney
would appreciate the opportunity to completely rework the Ordinance. Council
Members Brazier and McClanan expressed concerns relative this Ordinance.
Vice Mayor Fentress requested the dates be extended from May First to September
Thirtieth rather than September Fifteenth. This would afford a consistency with
the other seasonal Ordinances.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 27 -
Item III-I.2d.
CONSENT AGENDA ITEM # 34278
ADD-ON
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council AUTHORIZED:
VIRGINIA BEACH RESCUE SQUAD the use of 24th Street
Park on June 1, 1991 commencing at Noon for their
annual activity.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item 111-1.3.
CONSENT AGENDA ITEM # 34279
Upon motion by Vice Mayor Fentress, seconded by Counci lman Heischober, City
Council ADOPTED, upon SECOND READINGZ
ordinance to APPROPRIATE a $5,000 Grant trc)m the
National Crime Prevention Council to the Department
of Juvenl le Probation re *Teens, Crime and the
Community Program".
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wllliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO APPROPRIATE A $5,000 GRANT FROM
2 THE NATIONAL CRIME PREVENTION COUNCIL TO
3 THE DEPARTMENT OF JUVENILE PROBATION
4
5
6 WHEREAS, 'he Department of Juvenile Probat.on has received a grant in the
7 amount of $5,000 from the National Crime Prevention Council for development of a
8 'Teens, Crime and the Community" program, to be expended prior to July 1, 1991,
9
10 WHEREAS, this grant requires no local match of funds.
11
12 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
13 VIRGINIA, that a grant in the amount of $5,000 from the National Crime Prevention
14 Council be accepted and appropriated to the Department of Juvenile Probation for
15 the "Teens, Crime and the Community Program," and that Revenue from the Federal
16 government for FY 90-91 be increased by $5,000.
17
18 This ordinance shall be effective from the date of its adoption.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia on the 2hd
21 day of Aprill991.
22
23 First Reading March 26, 1991
24 Second Reading April 2, 1991
25
26
27 APPROVED AS TO CONTEN Budget and Evaluation
28 Walter C. Kraemer@r. Department
29
30
70
- 29 -
Item 111-1-4.a.
CONSENT AGENDA ITEM # 34280
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $1,746 from
the Virginia Housing and Community Development
Emergency Home Repair Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McC]anan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
None
ORDINANCE TO ACCEPT AND APPROPRIATE $1,746
FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR THE EMERGENCY HOME REPAIR GRANT PROGRAM
1 WHEREAS, the City currently operates and Emergency Home Repair
2 Grant Program funded by the virginia Departinent of Housing and
3 Conmunity Development, and,
4 WHEREAS, the City has been notified that an additional $1,746
5 will be made available under the existing contract for this
6 prograin,
7 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH that a grant of $1,746 from the virginia Department
9 of Housing and Community Development be accepted and appropriated.
10 BE IT FURTHER ORDAINED that the City of Virginia Beach will
11 comply with all requirements of the grant agreement and regulations
12 of the Virginia Department of Housing and Community Development
13 regarding such funds.
14
15 Adopted by the Council of the City of Virginia Beach this
16 day of 1991
17
18
19 Approved as to content:
20 tor
21 eighborhood servation
22
23
24 Approved as to legal form:
25
26
First Reading: April 2, 1991
Second Reading:
- 30 -
Item 111-1-4.b.
CONSENT AGENDA ITEM # 34281
Upon motion by Vice Mayor Fentress, seconded by Councilman Helschober, City
Council ADOPTED:
ordinance authorizing the City Manager to apply tor
Emergency Home Repair Grant Funds, accept same,
enter into a Grant Agreement and provide matching
f unds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE '1'0 AUTHORIZE THE CITY MANAGER TO APPLY FOR
EMERGENCY HOME REPAIR GRANT FUNDS AND
TO PROVIDE MATCHINO FUNDS
1 WHEREAS, tbe Comonwealtb of Virginia, Department of flousing
2 and Coinmunity Development has issued a Notice of Funding
3 Availability and Request for Proposals under the EMERGENCY HOME
4 REPAIR PROGRAM, and
5 WHEREAS, assistance is needed to effectively and adequately
6 address the emergency hoine repair needs of low-income persons to
7 be served by the Department of [lousing and Neighborhood
8 Preservation in our service area of the City of Virginia Beach, and
9 WHEREAS, an application for a grant under this program has
10 been prepared, and
11 WHEREAS, tbe Department of liousing and Neighborhood
12 Preservation agrees to provide emergency home repair services to
13 those in need in conformance with the regulations and guidelines
14 of this State Program, and
15 WHEREAS, Aubrey V. Watts, Jr., City.Manager
16
Name and Title of Person who can act on benait or
17
18 City of Virginia Beach
19 (Name of o@ganization or Government Unit)
20 will sign all necessary documents required to complete the
21 grant transaction.
22 WHEREAS, a local dollar for dollar n,.atch is required under the
23 program and will be provided.
24 NOW, THEREFORE, be it ordained by the Council of the City of
25 Virginia Beach that the City agrees to match the State appropriated
26 funds and further authorizes Aubrey V. Watts, Jr., City Manager,
27 to apply for and accept the grant and enter into a Grant Agreement
28 with the Departrnent of Housing and Community Development and
29 undertake any and all actions and responsibilities in relation to
30 such Agreement,
31
32 Approved as to contents:
33 mai
34 Hoi vation
35
36
37 Approved as to legal form:
38
39
- 31 -
Item 111-1-5.
CONSENT AGENDA ITEM # 34282
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $90,000 from the Economlc
Development Investment Program to the Virginia
Beach Development Authorlty re business attraction.
Votlng: 11-0
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. McC]anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO TRANSFER $90,000 FROM
2 THE ECONOMIC DEVELOPMENT INVESTMENT
3 PROGRAM TO THE DEVELOPMENT AUTHORITY
4 FOR BUSINESS ATTRACTION
5 WHEREAS, the staff of the Department of Economic Development
6 has successfully located Airborne Express, a national and international air
7 express carrier, to Virginia Beach;
8 WHEREAS, the Council of the City of Virginia Beach has identified
9 economic development goals of attracting national companies that provide
10 good employment opportunities and add to the City's tax base;
11 WHEREAS, the $90,000 may be transferred f@rom the Econorriie
12 Investment Program (Project 2-141) which was approved in the FY 1990-
13 91/1994-95 Capital Improvement Pi-ogram to provide infi-astructure
14 improvements on sites and along i-oadwavs to enhance the economic
15 viability of property;
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
17 VIRGINIA BEACH, VIRGINIA that funds in the amount of@ $90,000 be
18 transferred from the Economic Development Investment Prog-ram to the
19 Virf,,inia Beach Development Authoritv.
20 This ordinance shall be effective from the date of its adoption.
21 Adopted by the Council of the City of Virginia Beach, Virginia on
22 the Second day of April, 1991.
Ci,rYOFViRGINtABF-ACH
MEMORANDUM
DATE: January 7, 1991
I
TO: E. Dean Block
Assistant City Manager for Analysis and Evaluation
FROM: W. Andrew Burke @
Economic Development
RE: City Council Agenda Request for the Virginia Beach
Development Authority Airborne Express Project
A Project Data Sheet on the above referenced company is attached
for your review. Airborne Express currently leases 3,000 square
feet in the Norfolk International Airport Freight Terminal. For
ten months, Airborne considered two sites for the development of
a new 22,500 square foot, 50 truck, regional fleet distribution
center which would serve their customers throughout Hampton Roads.
This new facility would employ 80 full time employees with an
annual payroll of $2 million. Construction of the 22,500 square
foot center would result in an $800,000 investment in land and
building and $1.2 million in personal property. Continental
Properties Corporation (CPC) has successfully competed for this
project in our City and has recently received a fully executed ten
year lease agreement (with three additional five year options)
allowing their Company to move forward.
We would note that both of the sites Airborne Express originally
considered were located on Miller Store Road, one in the City of
Norfolk and one in Virginia Beach. The Norfolk site is owned by
the Runnymede Corporation. Runnymede has owned the parcel for over
twenty years and has an extremely low financial basis in the land.
The Virginia Beach site is owned by CPC and is located in the AIP
Expansion Area. CPC purchased the site from the Development
Authority at $95,000 per acre. CPC had a much higher basis in the
land.
In order to successfully compete with the Norfolk site, CPC
requested our Department's assistance to offset the land advantage
differential associated with the Norfolk site. Building costs are
comparable between the two sites. CPC provided our Department with
a copy of their cost breakdown income and expense proforma as
well as a preliminary 2.54 acre site plan for the Airborne
Express project.
Mr. E. Dean Block
January 7, 1990
Page Two
Department Staff believed that to successfully locate the project
in our City CPC needed to have a land basis of $60,000 per acre to
offer a competitive lease rate per square foot. CPC also agreed
to hold the lease rate constant over the entire initial 10 year
period. Per our understanding with the City Manager, we informed
CPC that our DepartiRent would favorably recommend to the City
Manager's Office the approval of $90,000 in Economic Development
Investment Program Fund monies to locate Airborne Express in our
City. We also informed CPC that these Economic Development Funds
must be utilized for on-site infrastructure improvements and any
cost economies obtained through the bidding process for the
development and construction of the Airborne Express facility and
contingencies would reduce the amount of the Economic Development
Funds. It should be noted, that the City's potential $90,000 in
Economic Development Fund investment would be paid back in new
real estate and personal property taxes alone in less than two
years.
Airborne Express is a national and international air express
carrier and this new regional fleet distribution center in Virginia
Beach will serve all of Hampton Roads. Airborne Express will be
a fine addition to the AIP Expansion Area and the economic
benefits, job creation, and name recognition will be substantial
for our City.
Given CPC's successful competition for this project, we now need
to transfer $90,ooo in Economic Development Investment Program
Funds f rom the City to CPC. It is our recommendation that the
conveyance to CPC occur through the facilities of the Virginia
Beach Development Authority in the form of a $90,000 buy down of
the land costs to CPC. This conveyance for a land buy down and
infrastructure improvements would be similar to the recent
facilitation and relocation of Science Applications International
Corporation t6 Virginia Beach.
It would be greatly appreciated if you would assist our Department
in the preparation of the City Council Agenda Request and ordinance
to transfer $90,000 to the Development Authority for the Airborne
Express project. If you have any questions or comments on this
request, please let me know.
WAB:mfs
Attachment
- 32 -
Item III-J.1.
UNFINISHED BUSINESS ITEM # 34283
ADD-ON
As the Mayor is undergoing major surgery on April 9, 1991, she requested
DEFERMENT of the Lake Ridge Conditional Zoning Request be RESCHEDULED to April
23, 1991.
Attorney William Bishoff represented the applicant and requested DEFERMENT not
be RESCHEDULED.
A MOTION was made by Councilwoman Parker, seconded by Mayor Oberndorf to
RESCHEDULE DEFERMENT of the Ordinances upon application of LAKE RIDGE
ASSOCIATES for Conditional Zoning Classifications.
Voting: 3-7 (MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Voting Nay:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Paul
J. Lanteigne and William D. Sessoms, Jr.
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
*Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of
Virginia, ownership of land with a value in excess of $10,000, on the southeast
corner of Princess Anne Road and Landstown Road, south of the GREEN LINE.
Although the City Attorney had advised he is not required to disclose this
interest, as it does not meet the criteria of a personal interest in the
transaction under the Conflict of Interests Act, Councilman Jones wished to
disclose this interest and ABSTAIN on the Ordinances of Lake Ridge Associates.
Councilman Jones' letter of December 18, 1990, is hereby made a part of the
record.
- 33 -
Item Ill-K-1-
NEW BUSINESS ITEM # 34284
Upon motion by Vice Mayor Fentress, seconded by Counci iman Clyburn, City
Council:
SCHEDULED a Workshop for the DRAFT Ordinance to be
held April 9, 1991,
and,
AUTHORIZED ADVERTISING A PUBLIC HEARING AT 6:00 PM
on APRIL 23, 1991, for consideration of a FRANCHISE
AGREEMENT with COX CABLE HAMPTON ROADS
Voting: 11-0
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, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 34 -
Item III-K.2.
NEW BUSINESS ITEM # 34285
The following spoke requesting the Tidewater Distributing Company remove their
vending machines from three sites in the public right-of-way:
Sheldon Corner, President - North Virginia Beach Civic League
Naomi L. Kigerl, 501-55th Street, Phone: 428-4998, represented the North
Virginia Beach Civic League
Mayor Oberndorf advised Molly Holt, resident of the North End, 'phoned to
express her OPPOSITION to these newspaper vending machines.
Statement of Sheldon Corner is hereby made a part of the record. Mr. Corner
representing the North Virginia Beach Civic League requested the Virginian-
Pilot/Ledger-Star and the Tidewater Distributing Company remove their newspaper
vending machines from 4th Street, 56th Street and 74th Street which are on the
median along Atlantic Avenue and in the public right-of-way. Mr. Corner sited
the following reasons for their removal:
1. They are on public property without permission or
license to be there;
2. Many residents of the area object to their
presence;
3. Their presence constitutes commerical activity in
an area zoned Residential, hence it violates the
Zoning Ordinance.
The City poured concrete pads and the vending machines were placed on the pads
and screening shrubs were planted around these pads.
The City Attorney advised public streets are a traditional public forum for
free speech under the First Amendment and those First Amendment rights of
expression supersede any zoning considerations. Free speech activities may be
regulated by way of reasonable time, place and manner restrictions. The right
to install vending machines in the public right-of-way is protected by the
First Amendment to the Constitution. The assessment of the City Attorney's
Office is the City would probably not be able to sustain an outright ban on
those vending machines. Meetings had been facilitated between the City
Attorney's office, Tidewater Distributors, the Virginian-Pilot/Ledger Star,
representatives of the Washington Post, USA Today, as well as other newspapers
and the North Virginia Beach Civic League. This meeting was facilitated to
develop a compromise.
The City Attorney is willing to facilitate additional meetings regarding
reasonable regulations (time, place and manner), including aesthetics. The
possibility of fees will also be investigated.
NO ACTION was appropriate at this time.
- 35 -
Item III-K.3.
NEW BUSINESS ITEM # 34286
Mr. Giles G. Dodd, Assistant City Manager for Administration, referenced the
City of Virginia Beach QUARTERLY FINANCIAL REPORT (July 1, 1990 - February 28,
1991). Said report is hereby made a part of the record.
Revenues are below estimates by approximately $11,900,000. General Sales Taxes,
Business Licenses, Auto Licenses, City Tax on Deeds, Cigarette Taxes, Hotel
Rooms and Permits are below the Revenue collections for last year at this
period. Utility Taxes, Amusement Taxes, Restaurant Meal Taxes, Revenues from
the Commonwealth and General Property Taxes are above the Revenue collections
for last year. However, the two major sources of Revenue have not been
received: Business Licenses and Personal Property Taxes.
Expenditures are $6,700,000 below estimates. The average return on invested
money in the City from July 1, 1989 through February 28, 1990 has rates ranging
from a high of 8.8% down to 8.2%. The rate of return from July 1, 1990 through
February 28, 1991, ranges from a high of 8.1% down to 6.5%.
- 36 -
Item III-L.l.
CITY MANAGER'S PRESENTATION ITEM # 34287
FY 1991-1992 OPERATING BUDGET
The City Manager advised the FY 1991-92 OPERATING BUDGET is RESTRAINED,
RESPONSIVE AND RESPONSIBLE. The State's support for funding of Education
progams is declining in absolute dollars and at the same time there are 1800
more students (the equivalent of two elementary schools). There shall be no pay
increases, either general merit/step for City or School Employees. This will be
depicted in the $2-MILLION recommended cut in the School Budget. City
Departments are over $6-MILLION less than last year in current programs. A 5.8cts
property tax is included in the Budget, exclusively for Schools. There are over
140 fewer positions. The Budget recommends a 37 1/2-hour work week. This will
enable City Hall to be open more for citizens. The City Manager is recommending
the expansion of the Latch-key progams to all elementary schools. The expansion
is self-supporting through participant fees. The Bayside Comunity Center will
be opened in keeping with the Referendum of 1987. A program to improve the
maintenance of the City's golf courses with special emphasis on greens
rehabilitation is recommended, which will be supported by the users of these
facilities. Support of the new regional criminal justice computer network
(CRIMES) and staffing of the centralized booking facility is recommended. The
budget process has been utilized to emphasize continued improvements in mission
and customer focus and service, a focus on the longer term and continued
improvements in the productivity and the optimum use of local funds. This has
led to a wide variety of functional realignments, use of technology and shifts
in service emphasis. Several impact the public safety and justice systems. The
City Manager is recommending deletion of 15 vacant fire fighter positions in
the fire department with a commitment to man the Little Neck and General Booth
stations through existing manpower redeployments. To facilitate this
adjustment, the opening of the Diamond Springs Station will be delayed several
months.
Mr. E. Dean Block Assistant City Manager for Analysis and Evaluation, presented
the FY 1991-1992 OPERATING BUDGET through the utilization of charts.
FY 1991-92 OPERATING BUDGET
OVERVIEW
Revenue Slimmary %
General Proeprty Taxes $ 234,859,950 36.4
Other Local Taxes 106,308,914 16.5
Other Local Sources 85,263,643 13.2
Comrnonwealth 201,491,246 31.2
Federal Government 17,259,491 2.7
TOTAL REVENLJE $ 645,183,244 100.0%
Appropriation Summary
School Operations 292,008,280 45.3
City Operations 228,324,276 35.4
CIP 16,320,731 2.5
Debt Service 59,034,341 9.2
Self Supporting
Water & Sewer Operations 35,607,409 5.5
Water & Sewer Debt Svc. 13,888,207 2.1
TOTAL $ 645,183,244 100.0%
- 37 -
Item III-L.I.
CITY MANAGER'S PRESENTATION ITEM # 34287 (Continued)
FY 1991-1992 OPERATING BUDGET
FY 90-91 FY 91-92 %
ORIGINAL BUDGET PROPOSED BUDGET CHANGE
(IN MILLIONS)
SCHOOLS
Operations $ 284.32 292.00 2.7
CIP/Debt 25.95 22.50 -13.3
CITY
Operations 232.88 228.32 - 2.0
CIP/Debt 57.17 50.86 - 4.3
Water and Sewer 49.16 51.50 3.8
TOTAL $ 645.93 $ 645.18 - 0.1
DECLINING STATE SCHOOL FUNDING
FY 90-91 FY 91-92 %
ORIGINAL BUDGET MPOSED BUDGET CHANGE
(IN MILLIONS)
SCHOOLS
State $ 123.04 119.69 - 2.7
Sales Tax 34.79 34.32 - 1.3
Local 119.99 131.20 9.3
Federal 6.50 6.80 4.6
TOTAL 284.32 292.01 2.70%
The City Manager advised this Budget reflects a Negative Appropriation Account
of over $1-MILLION which is anticipated savings believed to occur within the
year through the use of reorganizations, retirements and combinations of
programs resulting in better efficiency.
The City Manager expressed appreciation to the City Employees for their
sacrifices and professionalism.
38 -
Item Iii-M.l-
ADJOURNMENT ITEM # 34288
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 4:45 P.M-
e'l
hiet
R+th
City Clerk
City ot Virginia Beach
Virginla