HomeMy WebLinkAboutDECEMBER 18, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
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DECEMBER 18, 1990
ITEM I. CITY COUNCIL CONCERNS - Conference Room - 11:30 AM
ITEM II. L U N C H - Conference Room - 12: NOON
ITEM III. INFORMAL SESSION - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITIN IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALJ, TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Rabbi Shlomo Goder
B'Nai Israel Congregation
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
1. INFORMAL &FORMAL SESSIONS - December 6, 1990
- December 11, 1990
G. RESOLUTIONS
1. Resolution providing for a REFERENDUM re question of whether the
General Assembly should be requested to Amend the Charter of the
City of Virginia Beach to provide for the direct election of the
School Board and to grant the School Board limited taxing
authority.
2. Resolution directing the City Clerk, pursuant to Section 15.1-835
of the Code of Virginia, to advertise a Public Hearing for Council
Session January 8, 1991, re whether the City's Charter should be
amended to provide direct election of the Scho,l B,,rd by the
voters.
3. Resolution to AMEND the established policy procedure related to
City Council appointive agencies.
4. Resolution authorizing the City Manager to enter into an agreement
re purchase of a portion of Newlight Associates, Inc., borrow pit,
Homestead (KEMPSVILLE BOROUGH).
H. ORDINANCES
1. Ordinance authorizing the City Manager to adjust appropriations and
revenues, eliminate positions and defer implementation of certain
programs within the FY 1990-1991 Operating Budget.
2. Ordinance to REPEAL Ordinance Number 90-1959-A, adopted on May 7,
1990, re City's Weights and Measures Program, provided the 1991
General Assembly grants authority to the City to impose appropriate
fees.
3. Ordinance to AMEND and REORDAIN Section 2-4 of the Code of the City
of Virginia Beach, Virginia, re recognition of volunteer law
enforcement chaplains for Worker's Compensation benefits.
4. Ordinance to AMEND and REORDAIN SectiQn 6-13 of the Code of the
City of Virginia Beach, Virginia, re permits for grading, et
cetera, of sand in coastal zones.
5. Ordinance to AMEND and REORDAIN Section 6-137 of the Code of the
City of Virginia Beach, Virginia, re applications for permits for
the construction, et cetera, of certain structures in coastal
zones.
6. Ordinance to AMEND and REORDAIN Section 6-152 of the Code of the
City of Virginia Beach, Virginia, re applications for permits for
certain dredging or landfill operations.
7. Ordinances re Chesapeake Bay Preservation Area:
a. Transitional Rules to be applicable with the CBPA Ordinance
adopted November 6, 1990, and effective January 1, 1991
b. Maps designating Resource Protection Area and Resource
Management Areas within Intensely Developed Areas.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 33-113.1 of the Code of the
City of Virginia Beach, Virginia, re criteria for administrative
approval of certain encroachment applications.
2. Ordinances, upon SECOND READING:
a. To APPROPRIATE a $10,000 Grant from the Virginia Department of
Motor Vehicles to FY 1990-91 Police Operating Budget re DUI
selective enforcement activities.
b. To APPROPRIATE a $1,675 Grant from the Virginia Department of
Motor Vehicles to the Public Works Department re training in
traffic signals and coordinated systems.
3. Ordinance, upon FIRST READING, to APPROPRIATE $105,020 as proceeds
from lease purchase re providing a new remittance processor for the
City Treasurer.
4. Department of Parks and Recreation requests (Deferred: December 6,
1990):
1. Release a 1.02 acre park reservation, required by Section
4.5(a) of the Subdivision Ordinance, for the Subdivision of
Bellamy Plantation at Jackson Farm, Phase 1.
2. An alternative to the standard park reservation, required
by Section 4.5(a) of the Subdivision Ordinance, for the
Subdivision of Bellamy Plantation at Jackson Farm, Phase 2;
and, purchase .530 acres of park land.
5. Ordinance authorizing tax refunds in the amount of $11,045.60.
6. Ordinance authorizing license refunds in the amount of $2,685.18.
J. PUBLIC HEARING
1. PLANNING
a. Application of JOSEPH E. DOWDY for a Variance to Section 4.4(d)
of the Subdivision Ordinance which requires that all lots
created by subdivision have direct access to a public street at
614 Woodstock Road (KEMPSVILLE BOROUGH)
Recommendation: APPROVAL
b. Application of JOSEPH W. BOYD for a Variance to Section 4.5 of
the Subdivision Ordinance which requires residential developers
set aside a percentage of the total land area for
recreational/open space purposes, to serve the residents of the
development at the Southeast and Southwest intersections of
Baker Road and Aylesbury Drive (BAYSTDE BOROUGH).
Recommendation: APPROVAL
c. Applications of LAKE RIDGE ASSOCIATES for Conditional Zonina
Classifications (PRINCESS ANNE BOROUGH):
(1) AG-1 Agricultural District to 0-2 Office District,
containing 200 acres:
PARCEL 1: 1200 feet West of Princess Anne Road
beginning at a point 2400 feet more or less
Southwest of the intersection of Princess
Anne Road and Landstown Road.
PARCEL 2: 1200 feet East of Landstown Road beginning
at a point 3050 feet more or less South of
the intersection of Landstown Road and
Princess Anne Road.
PARCEL 3: 1200 feet West of Landstown Road beginning
at a point 1800 feet more or less Southwest
of the intersection of Landstown Road and
Princess Anne Road.
PARCEL 4: 1200 feet West of Landstown Road beginning
at a point 3250 feet more or less Southwest
of the intersection of Landstown Road and
Princess Anne Road.
PARCEL 5: 1200 feet West of Landstown Road beginning
at a point 4850 feet more or less Southwest
of the intersection of Landstown Road and
Princess Road.
(2) AG-2 Agricultural District to 0-2 Office District, o, the
East and West sides of Landstown Road, South of the
intersection with Princess Anne Road, containing 143.2
acres.
(3) AG-1 Agricultural District to B-2 Community Business
District, containing 187.1 acres:
PARCEL 1: 1200 feet more or less Southwest of
Princess Anne Road, 4600 feet more or less
Southeast of Landstown Road.
PARCEL 2: 2200 feet more or less Southwest of
Princess Anne Road, 3900 feet more or less
Northwest of North Landing Road.
PARCEL 3: 900 feet more or less West of Landstown
Road, 2800 feet more or less Northwest of
Princess Anne Road.
(4) AG-2 Agricultural District to B-2 Community Business
District, on the Southwest side of Princess Anne Road,
4460 feet more or less Southeast of the intersection with
Landstown Road, containing 18.5 acres.
(5) AG-1 Agricultural District to 0-2 Office District located
1200 feet more or less Southwest of Princess Anne Road,
9100 feet more or less Southeast of Landstown Road,
containing 155.6 acres.
(6) AG-2 Agricultural District to 0-2 Office District on the
Southwest side of Princess Anne Road, 9iOO feet more or
less Southeast of Landstown road, containing 17 acres.
(7) AG-1 Agricultural District to 0-2 Office District,
containing 180.1 acres:
PARCEL 1: 7320 feet more or less Northeast of the
intersection of Landstown Road and Salem
Road.
PARCEL 2: 1800 feet more or less Southwest of the
intersection of Landstown Road and Princess
Anne Road.
(8) AC-2 Agricultural District to 0-2 Office District 1200
feet more or less Southwest of the intersection of
Landstown Road and Princess Anne Road, containing 3.3
acres.
(9) R-5D Residential Duplex District to 0-2 Office District
1250 feet more or less Southwest of the intersection of
Princess Anne Road and Landstown Road, containing 8.5
acres.
(10) AG-1 Agricultural District to A-18 Apartment District
5050 feet more or less Southwest of the intersection of
Princess Anne Road and Landstown Road, containing 23.6
acres.
(11) AG-1 Agricultural District to A-12 Apartment District,
containing 103.5 acres:
PARCEL 1: 4000 feet more or less Southwest of the
intersection of Princess Anne Road and
Landstown Road.
PARCEL 2: 6400 feet more or less Southwest of the
intersection of Princess Anne Road and
Landstown Road.
(12) AG-1 Agricultural District to H-1 Hotel District 3400
feet more or less West of Princess Anne Road beginning at
a point 4800 feet more or less Southwest of the
intersection of Princess Anne Road and Landstown Road,
containing 15 acres.
(13) AC-1 Agricultural District to P-1 Preservation District
1200 feet West of Landstown Road beginning at a point
3000 feet more or less Southwest of the intersection of
Princess Anne Road and Landstown Road, containing 117
acres.
(14) AG-2 Agricultural District to P-1 Preservation District
on the East and West sides of Landstown Road, 7200 feet
more or less East of Salem Road, containing 20.1 acres.
Recommendation: APPROVE ALL APPLICATIONS
d. RECONSIDERATION of a Condition in the October 14, 1985,
approved application of STEVEN H. DAVIDSON for a Conditional
Use Permit (single family dwelling) in the AG-1 Agricultural
DiTtric-t at 686 Princess Anne Road (PUNGO BOROUGH).
Recommendation: DENIAL
K. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
CITY COUNCIL SESSIONS CANCELLED
DECEMBER 25, 1990
(Christmas Day)
JANUARY 1, 1991
(New Year's Day)
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virgltila Beacii, Virginla
December 18, 1990
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Tuesday, December 18, 1990, at 11:30 A.M.
Council Members Present:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
COunCil Members Absent:
John A. Baum (ENTERED: 11:38 P.M.)
2
I T E M S 0 F T H E C I T Y M A N A G E R
1 1: 30 A. M.
ITEM # 33858
The City Manager referenced his correspondence relative Nortolk's request for
participation in the staffing of the NAVY WELCOME CENTER. James B. Oliver,
Jr., City Manager - City of Norfolk, has requested a reply by January First.
The City of Norfolk has not participated in the funding of the Veterans
Memorial despite many requests. The City of Virginia Beach was not consulted
prior to the establishment of the Navy Welcome Center. This facility would be
called the Norfolk Navy Welcome Center. The City of Virginia Beach has a
Welcome Center at the exit of 1-44/entrance to the Oceantront.
The City Manager will determine who is funding the cost of the building to be
utilized as a Navy Welcome Center. The City Manager will examine whether there
are opportunities for a Military Volunteer to serve in the Virginia Beach
Visitors Center to welccme all the Military and the possibility of City Decals,
dog tags and Recreation Center membership cards being sold.
BY CONSENSUS, City Council chose not to participate in the staffing of the
NCRFOLK NAVY WELCOME CENTER.
ITEM # 33859
The City Manager referenced correspondence concerning the Eighth Annual
Strawberry Festival on May 25-26, 1991, and requested City Council's direction
relative the following alternatives:
Encourage moving the Festival to the privately-owned
Pungo Airfield
Plan activities along Indian River Road, east of
Intersection of Princess Anne Road.
Continue as in years past, but with satellite parking
Continue as In years past.
Councilman Lanteigne will attempt to resolve the concerns of the four (4)
strawberry producers, who are negatively impacted by the alteration of traffic
on Princess Anne Road.
Mayor Oberndorf advised former Deputy City Manager Martinsen had indicated in
correspondence to some of the strawberry producers, it might be preferable to
move the Strawberry Festival to the Pungo Airfield.
BY CONSENSUS, the Strawberry Festival shall remain in the location utilized in
previous years.
ITEM # 33860
The City Manager will provide information relative the presentation by Governor
Wilder to the House Finance Appropriation and the Senate Finance Committees on
Decernber 17, 1990. Said information is hereby made a part of the record.
- 3 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 33861
Vice Mayor Fentress advised he will sponsor under NEW BUSINESS Bill Dillon,
President of the National Restaurant Association in Virginia Beach. Mr. Dillon
will speak relative the rates for collection and disposal of solid waste from
commercial businesses.
ITEM # 33862
Councilman Baum requested a sign be installed on Blackwater/Pungo Ferry Road
advising that North Landing Bridge is CLOSED.
ITEM # 33863
Councilman Baum advised in spite of all the State's cut-backs on environmental
issues, they are increasing personnel.
Councilman Baum referenced the Chesapeake Bay Preservation Act. The City of
Virginia Beach could be involved in a suit if the landowners are unable to
develop property.
ITEM # 33864
Councilwoman McClanan referenced correspondence from Robert J. Scott, Director
of Planning, relative the WORKSHOPS and PUBLIC HEARINGS on the Comprehensive
Plan.
Mayor Oberndorf suggested the WORKSHOPS be Scheduled for 9:00 A.M. prior to the
City Council Sessions. The City Manager will distribute a proposed SCHEDULE for
Council Members to advise if there are conflicts.
ITEM # 33865
Councilman Brazier referenced the Memorandum of December Thirteenth from Hector
A. Rivera, Assistant City Manager for Human Services, relative the drug
trafficking in City Neighborhoods. Councilman Brazier suggested a presentation
before City Council.
The City Attorney believed it would be best for individual Council Members to
discuss this matter with City Staff on a one-to-one basis.
ITEM # 33866
Councilman Brazier referenced the memorandum concerning parking meters from C.
Oral Lambert, Jr., Director of Public Works. The system of emptying the parking
meters was not addressed. Councilman Brazier requested the City Staff's point
of view as to whether it is economically feasible to have 'year round
enforcement of parking meters in the Resort Area. The City Manager advised an
additional report is available focused more to the Beach Borough area.
The City Manager will provide copies of this report to all Members of City
Council.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 33867
Councilman Lanteigne advised his child was going to be a "Bell" in the School
Play tonight, December 18, 1990. Councilman Lanteigne hoped the Council Session
would adjourn by 7:00 P.M.
ITEM # 33868
Councilman Lanteigne referenced RECONSIDERATION of a Condition in the October
14, 1985, approved application of STEVEN H. DAVIDSON for a Conditional Use
Permit (single family dwelling) in the AG-1 Agricultural District at 686
Princess Anne Road (PUNGO BOROUGH) (See Item IV-J.I.d. of the PLANNING AGENDA).
Councilman Lanteigne was going to request DEFERRAL of this item, as he needed
to confer with City Staff.
ITEM # 33869
Councilwoman Parker suggested the City Council begin development of a policy
and criteria for School Board Appointees.
Upon inquiry, the City Clerk advised Councilwoman Parker there would be four
expirations of School Board Members in 1991; however, all of the incumbents
will be eligible under City Council's policy to serve another three (3) years.
Councilwoman McClanan advised Bob Richards is securing a copy of a plan
utilized in Baltimore, Maryland, for a unity group (representatives from
different groups) established by the City Council utilized in connection with
the appointment of the School Board. Councilwoman McClanan will forward same to
all Members of City Council.
Mayor Oberndorf advised the Mayor's Committee on the Aging has utilized a
Committee to evaluate potential employees. Prior to making appointments among
his top executives, the City Manager has utilized citizen committees to assist
in evaluating these individuals. The "Committee" approach may be worthy of
consideration.
- 5 -
C ON C E R N S OF T HE MAYOR
ITEM # 33870
Mayor Oberndorf referenced LABOR DAY 1991. Al I assessments are being gathered
frorn the Labor Day Coordination Committee, the Resort Leadershi p Counci I and
other interested Individuals. Beg i nn i ng i n J an uary 1 99 1, LABCR DAY 1991 wi I I
be d 1 sc ussed to g i ve a I I Members o f Ci ty Co unc i I the opport un i ty to exam i ne the
accomplishment of LABCR DAY 1990, and help direct the City Staff in a positive
LABCR DAY 1991. The Consensus appears to be a desire to continue this weekend
as a family-oriented type weekend.
Councilman Brazier suggested a possible coordination of activities concerned
with all the Holiday Season during the year and not just Labor Day. There
should be one group of individuals assisting in making the right decisions.
Councilman Jones suggested the possibility of combining the NEPTUNE FESTIVAL
and LABOR DAY 1991 to reduce some of the overall costs.
ITEM # 33871
Councilman Lanteigne requested information relative the functions ot the
Virginia Beach Events Committee, Ocean Occaslons, Resort Programs, Resort Area
Advisory Commission, Tourist Bureau, Visitors Information Center, Resort
Leadership Council, as well as the Hotel/Motel Association and whether
responsibilities are being overlapped and if financing Is being duplicated.
Details could be provided involving their respective budgets, revenue sources,
expenditures (administration and entertainment) and if there can be some type
of overall coordination. Vice Mayor Fentress advised the City Staff is now In
the process of determining this information.
ITEM # 33872
Concerning the inquiry of Councilwoman Parker, Mayor Oberndorf advised the High
Holy Days are by the Lunar Calendar. The Hi gh Hoi y Days do not f a I I
spec i f i ca I I y on the same d ate each year. Mrs. Creech an d the NEFTUNE FEST I VAL
staff have explained that because commitments are made five years in advance,
they regret little can be done to alleviate the conflict of the NEPTUNE
FESTIVAL occurring the same time as the observance of the High Holy Days.
ITEM # 33873
Mayor Oberndorf inquired relative the CHESAPEAKE BAY FRESERVATION AREA BOARD
and whether these members should file Annual Disclosures of Real Estate
Interests and take oaths of office upon appointment as do other Council-
appointive agencies and the Board of Zoning Appeals.
- 6 -
ITEN # 33874
The INFCRMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf I n the Con f erence Room, City Hal I Bui I d I ng, on
Tuesday, December 18, 1990, at 12:20 P.M.
Council Members Present:
John A. Bawn, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 7 -
ITEM # 33875
Mayor Meyera E. Oberndorf entertained a motion to permit City cou,,ii to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1- EERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1). To-Wit: Appointments - Boards and Commissions as listed in the Formal
Agenda.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Specific
items of business on the City Council agenda that may be discussed in
executive session. Actual or probable litigation or other specific legal
matters are the following: 1. Davidson v. City of Virginia Beach.
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 8 -
ITEM # 33876
Mayor Oberndorf RECONVENED the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Conference Room, City Hall Building, on Tuesday, December 18,
1990, at 12:55 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. Ober.dorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
9
CERTIFICATION OF
EXECUTIVE SESSION ITEM 33877
Upon motion by Councl lman BaLim, seconded by Vice Mayor Fentress, City Councl I
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCCRDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed In Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified In the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, 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
4b,
Attsolttttlitt
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 33875
Page No. 7, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such E,ecutive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
h Hdgs Smith, CMCIAAE
City Clerk December 18, 1990
- 10 -
VIRGINIA BEACH MULTI-PLRPOSE STADIUM
ITEM # 33878
W. Andrew Burke, Director - Department of Economic Developrnent, introduced Earl
E. Santee, Vice President of Heilmuth, Obata and Kassabaum Sport Faci lities
Group in Kansas City, Missouri. This is the second largest architectural firm
in the country.
Earl E. Santee advised Langley and McDonald has performed a Location Access
Study for the potential STADIUM site. The proposed site is located between
Princess Anne Road and Rosemont Road and between the Virginia Beach Campus of
Tidewater Cornmunity College and the Farmer's Market. Mr. Santee displayed a
conceptual rendering of the proposed balipark. Mr. Santee advised this would be
an Intimate stadiwn. All seats are located as close to the field as possible.
The site is fifty acres. This site has several attributes which make it an
attractive location, Including parcel size, adjacent land use compatibility and
cost. Another key characteristic, accessibility, is crucial for successfully
and compatibly locating a professional baseball facility within the developing
landscape of this rapidly growing city. The stadium has a strong link between
other community events and any potential developrnent of the Farmer's Market.
Being adjacent to the Farmer's Market and Princess Anne Park across the street
represents very strong comunity oriented facilities which provide a basis for
developing a strong commitment to the community.
This stadilm Is a 12,000-seat stadium with parking for 4,000 cars. There can be
future expansion to 40,000 seats. There wl I I be 9,000 seats on a lower deck
situation with approximately 3,000 seats on an upper deck. The theme for the
stadium is to be flexible and expandable. The stadium is arranged in four
levels: Field Level, Service Level, Main Concourse Level and Suite/Club Level.
The facility is designed to be expandable and bring In community related
facilities as well as family oriented. Picnic areas have been added.
Appropriate toilet facilities, including grab bars, et cetera, will be provided
adjacent to the wheelchair seating areas. Two separate famiiy toilet rooms will
be provided for handicapped asslstance and other special needs.
A Financial and Economic Analysis for the Proposed Minor League Staditsn was
prepared by Sports and Convention Consulting, Inc. Although this project is
proposed as a multi-purpose stadi Ln capable of housing a variety of uses, the
initial financial analysi s Is based on the minor league basebal I team only. As
such, two attendance scenarios for the minor league team have been developed
assuming a 1993 opening season. Scenario 1 assumes per game and season
attendance based on the Tidewater Tides historical performance, ad,justed to the
1993 season by the average (10) ten-year growth rate. Scenario 2 assumes an
increase In per game and season attendance at levels comparable to the
International Leagues, adjusted to the 1993 season by the average growth In
attendance for the league over the last several years. Given these conditions
the minor league attendance assumptions were as fol lows:
Per G&ne Season
Attendance Attendance
Scenario 1 3,500 227,500
Scenario 2 5,500 357,500
The lease terms assumed for this analysis closely mirror the terms the Tides
ball club currently pay to the City of Norfolk at Metropolitan Park. Some
variations have been made to these terms so they do not conform completely to
the existing Tides' lease. The City's share of each of these revenue areas Is
applied to gross revenue net of taxes.
Clty's Share
Percent of Gross Ticket Revenue 10%
Percent of Gross Concessions Revenue 10%
Percent of Gross Novelty Revenue 10%
Percent of Gross Parking Revenue 100%
Percent of Advertising Revenue 0%
Percent of Box Suite Revenue 80%
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VIRGINIA BEACH MULTI-PURPOSE STADIUM
ITEM # 33878 (Continued)
The Operating Revenues depicted in the analysis are derived for utilization and
lease assumptions and financial data provided by the Tidewater Tides and other
minor league baseball teams.
Prospective Operating Scenario 1 Scenario 2
Revenue (1990 Dollars) (Historical) oved
Gross Net to City Gross 0 Cit
Ticket Revenue $ 659,750 $ 66,000 $ 1,215,500 $ 121,500
Concession &
Novelty Revenue 809,900 81,000 1,430,000 143,000
Parking Revenue 136,000 136,000 214,000 214,000
Box Suites 200,000 160,000 270,000 216,000
Advertising 205,000 0 205,000 0
Total $2,010,650 $443,000 $ 3,334,500 $ 694,500
Three issues not taken into consideration in the determination of Revenue:
Naming Rights of the Stadium, Other Events held in the St,di,m and the Stadium
Club.
Summary of Operating Expenses
Scenario 1 Scenario 2
Salaries and Wages $ 46,000 $ 46,000
Utilities 100,000 100,000
Insurance 55,000 65,000
Other 50,000 60,000
Total Operating Expenses
Fixed Charges $ 251,000 $ 271,000
A total of 61 new jobs is projected from the historical data.
Patricia Phillips, Director of Research and Strategic Analysis, advised the
Preliminary Summary of Debt Service Impacts:
Low High
Range of Annual Debt Service $2,000,000 $3,000,000
Annual Revenues Available:
Operations 142,000 373,500
Tax Revenues 134,500 223,500
276,500 79,000
Net Project Deficit $1,723,500 $2,403,000
Equivaient Impacts:
Real Estate Tax Rate 1.1cts 1.5cts
Hotel/Meal Tax Rate .35% .5%
- 12 -
VIRGINIA BEACH MULTI-PLRPOSE STADIUM
ITEM # 33878 (Continued)
Preliminary Financing Options
Debt will be taxable -- rate depends on term 9%/Jo%
General Obligation Bonds
Certificates of Participation -- may require
earmarking revenue
Possible Vehicles: Sports Authority of Hampton
Roads
Development Authority of
Virginia Beach
Other sources may be available, but will require
in-depth financial and legal research.
BY CONSENSUS, representatives of the City wi I I meet with the METS
representatives in New York on Thursday, Decefnber 20, 1990, (or a date to be
determined convenient to all concerned) relative the Stadium.
The unknown factor relative the METS contribution to the Multi-Purpose Stadltxn
specifically affects the financial impact of this Stadium on the City. The City
Staff will provide additional financial information.
- 13 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 18, 1990
2:17 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Councl I Chambers, City Hal I Bui lding, on Tuesday,
December 18, 1990, at 2:17 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. McC]anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Rabbi Shlomo Goder
B'Nal Israel Congregation
PLEDGE OF ALLEGIANCT TO THE PLAG OF THE LINITTD tTATEt OF AMERICA
- 14 -
Item IV-E.I.
RECOGNITION ITEM # 33879
Mayor Oberndorf recognized Beverly 0. Hooks, Chief Deputy City Clerk, upon her
designation as CERTIFIED MUNICIPAL CLERK.
Mayor Oberndorf presented Mrs. Hooks with the IIMC Certification plaque
signifying this designation, the gold IIMC CMC pin and a corsage from the City
Clerk.
- 15 -
Item IV-E.2
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33880
THE EXECUTIVE SESSION WAS CERTIFIED IN ACCORDANCE WITli THE LAW IMMEDIATELY
FOLLOWING THE SESSION.
- 16 -
Item IV-F.l.
MINUTES ITEM # 33881
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Clyburn, City
Council APPROVED the Minutes of the INFCRMAL AND FCRMAL SESSIONS of December
6, 1990.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, LoUi5 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
- 17 -
Item IV-F.l.
MINUTES ITEM # 33882
Ul>on motion by Councl Iman Sessorns, seconded by Councl Iman Heischober, City
Council APPROVED the Minutes of the INFCRMAL AND FCRMAL SESSIONS of December
11, 1990.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 18 -
Item IV-G.I.
RESOLUTIONS ITEM # 33883
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, advised the Resolution should
be to go forward with direct election of the School Board as per the
direction of the citizens three years ago in the 1987 Referendum.
The following registered but WAIVED their right to speak:
William Carson, 921 Queen Elizabeth Drive, Phone: 463-7479
Frank Palmieri, 500 Norman Lane, Phone: 340-6093
Robert MacIver, 1021 Chumley Road, Phone: 428-1146
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council DEFERRED INDEFINITELY:
Resolution providing for a REFERENDUM re question
of whether the General Assembly should be requested
to Amend the Charter of the City of Virginia Beach
to provide for the direct election of the School
Board and to grant the School Board limited taxing
authority.
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
- 19 -
Ite(n IV-G.2.
RESOLUTIONS ITEM # 33884
Upon mot Ion by Counc i I woman McCl anan, seconded by Councl [man Sessoms, Cl ty
Council ADOPITED:
Resolution directing the City Clerk, pursuant to
Section 15.1-835 of the Code of Virginia, to
advertise a Public Hearing for Council Session
January 8, 1991, re whether the City's Charter
should be amended to provide direct election of the
School Board by the voters.
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 @illiam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION
2
3
4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That the City Clerk is directed, pursuant to the
7 provisions of S 15.1-835 of the Code of virginia, to advertise a
8 public hearing for January 8, 1991, on the question of whether the
9 City's Charter should be amended so as to provide that members of
10 the School Board shall be elected by the voters.
11
12 Adopted by the Council of the City of Virginia Beach,
13 virginia, on this 18th day of December, 1990.
14
15 CA-4037
16 R-1
17 CHARTER.RES
- 20 -
Item IV-G.3.
RESOLUTIONS ITEM # 33885
Upon motion by Gouncilman Bra,ler, seconded by Councilman Sessoms, city Council
ADOPTED, AS AMENDED*:
Resolution to AMEND the established policy
procedure related tO CitY Council appointive
a,qencies.
*On Line 33 the words " ... with copies to the City Councill,
shall be added after the words: "The City Clerk shall then
notify, in writing ...
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
council Members Absent:
None
Requested by Councilman James W. Brazier, Jr.
1 AMENDED RESOLUTION TO ESTABLISH A
2 POLICY PROCEDURE RELATED TO CITY
3 COUNCIL APPOINTIVE AGENCIES
4
5
6 WHEREAS, the City of Virginia Beach appoints citizens to
7 various Boards, AUthorities, Commissions and committees; and
8 WHEREAS, these appointments involve nearly four hundred
9 citizens, approximately one-tenth of one percent of the City's
10 total population and each agency is separate and distinct in
11 purpose as well as activity.
12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA, THAT:
14 The policy procedure for council appointive agencies
15 shall include, but not be limited to, the following:
16 (a) Compensation, as previously established or as
17 subsequently modified, for those agencies by applicable State Code
18 or City Ordinance, will not change as a result of this resolution;
19 (b) Each new agency established will be by Resolution
20 or Ordinance. In establishment, City Council will determine its
21 mission and a sunset clause, where applicable;
22 (c) Except where otherwise provided by law,- Attendanee
23 attendance records shall be kept at each meeting of the agency with
24 an annual report to City Council through the City Clerk's office.
25 No member shall accumulate an annual total of more than three
26 absences (not to exceed one-fourth of the total number of meetings)
27 for reasons other than personal illness, death or other unusual
28 circumstances. If this limitation is exceeded, the appeintm@
29 hp- *-:P--rm.i-nated a1/2itefnati:eally er- as ether-%oA:se PC-eser-i:bed by law
30 the chairperson shall report to the City Clerk the name of the
31 board or commission member whose unexcused absences exceed the
32 number set forth herein. The City Clerk shall then notify, in
33 writing with copies to the City Council, the board or connission
34 member that due to absences in excess of the number allowed herein,
35 their term of membership on the board or commission has terminated.
36 Thereafter, the City Clerk shall forward the vacancy to the City
37 Council for appointment of a new board or commission member.
38 (d) Each agency, where applicable, shall submit a
39 financial statement to City Council; and
40 (e) The City Clerk shall review the Talent Bank listing
41 annually on a five year basis, beginning retroactively January 1,
42 1987. Those citizens whose resumes have been on record five years
43 (or more at the initial review) shall be contacted by letter to
44 ascertain their desire to remain in the Talent Bank of confidential
45 resumes. The City Clerk shall submit a list with a status category
46 to City Council and thereafter delete the names of those citizens
47 who indicate no further interest or do not respond.
48 (f) Where not otherwise provided by law, all board and
49 commission members shall serve at the pleasure of the City Council.
50 Adopted by the Council of the City of Virginia Beach,
51 Virginia, on the 18th day of December, 1990.
52
53 CA-4039
54 R-4
55 POLICY.RES
2
21 -
Item IV-G.4.
RESOLTJTIONS ITEM # 33886
Ed Laws, 5561 Westward Drive, Phone: 420-4750, spoke in support of the proposal
and expressed appreciation to the City Council aas well as the City Manager
and his staff.
Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council
ADOPTED:
Resolution authorizing the City Manager to enter
into an agreement re the City's purchase of a
portion of a borrow pit operated by Newlight
Associates, Inc., and known as Homestead
(KEMPSVILLE BOROUGH).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO ENTER INTO AN AGREEMENT FOR
3 THE PURCHASE OF A PORTION OF THE NEWLIGHT
4 ASSOCIATES BORROW PIT
5 WHEREAS, Newlight Associates, Inc., a Virginia
6 Corporation, is the owner of a certain borrow pit located generally
7 south of the Homestead subdivision, in the Borough of Kempsville;
8 and
9 WHEREAS, the Circuit Court of the City of Virginia Beach,
10 by order entered on September 24, 1982, ruled that the issuance of
11 a conditional use permit was not required for the borrow pit to be
12 filled; and
13 WHEREAS, the City and Newlight's predecessor, Lakeside
14 Construction Corporation, entered into an agreement dated April 5,
15 1988, whereby Lakeside was permitted to fill the entire borrow pit,
16 at which time the City would be required to pipe a drainage
17 easement along the northern boundary of the borrow pit; and
18 WHEREAS, the City has received an offer from Newlight
19 Associates, Inc., to sell to the City a portion of the borrow pit
20 consisting of 5.5 acres, as measured within the top of bank of the
21 borrow pit, which area includes 4.34 acres of water surface, for
22 the sum of Two Hundred Thousand Dollars ($200,000.00) and
23 WHEREAS, the purchase of the aforesaid property would
24 enable the City to provide for the stormwater drainage needs of a
25 substantial land area, and would replace the requirement of the
26 aforesaid agreement that the City pipe an easement along the
27 northern boundary of the borrow pit; and
28 WHEREAS, the cost of the acquisition of the property
29 offered to the City would be approximately the same as the cost of
30 piping the aforesaid easement, but would have significant
31 enviro=ental advantages and provide an amenity for the citizens
32 of the City of Virginia Beach, in that the property to be purchased
33 would remain a body of water instead of being filled;
34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
35 OF VIRGINIA BEACH, VIRGINIA:
36 That the City Manager be, and hereby is, authorized and
37 directed to execute the attached Agreement on behalf of the City
38 of Virginia Beach and is further authorized and directed to take
39 all measures necessary or advisable in consummating the said
40 agreement.
41 Adopted by the City Council of the City of Virginia
42 Beach, Virginia, on the 18 day of December 1990.
43 CA-4044
44 \ordin\noncode\pit.res
45 R-1
2
GREEMENT
THIS AGREEMENT, made this 12th day of December, 1990, by and
between NEWLIGHT ASSOCIATES, INC., a Virginia Corporation, party
of the first part, hereinafter referred to as Newlight, and the
CITY OF VIRGINIA BEACH, a municipal corporation chartered a
nd
existihg under the laws of the Commonwealth of Virginia, party Of
the second part, hereinafter referred to the City,
W I T N E S S E T H
WHEREAS, Newlight is the owner of a certain parcel of land
(hereinafter referred to as the Property) , consisting of 22.13
acres, mare or less, and being designated as lot 39A, Subdivision
of Newlight, GPIN No. 1466-01-9449, upon which parcel is located
a certain waterbody, being a borrow pit or artificial lake
(hereinafter referred to as the Lake), located generally south of
the Homestead subdivision, in the Borough of Kempsville; and
WHEREAS, Newlight is in the process of filling the Lake
pursuant to a permit granted under the authority of Section 6-
151 of the Code of the City of Virginia Beach; and
WHEREAS, by Memorandum of Agreement dated April 5, 1988, the
City and Newlight's predecessor in interest to the Pro erty,
p
Lakeside Construction Corporation (Lakeside), entered into an
agreement pursuant to which Lakeside was permitted to fill the
entire Lake and the city was required to pipe a drainage easement,t
previously dedicated by Lakeside, at such tiine as the fill
extended to the said property line; and
WHEREAS, the parties, being fully cognizant of their,
respective rights and duties imposed by the aforesaid Memorandumi
of Agreement, now desire to enter into a new agreement concerning
the filling of the Lake and its use for purpose of drainage and
stormwater management;
NOW, THEREFORE, for and in consideration of the cove'nants set
forth hereinbelow, the parties do hereby agree that:
1. PURCHASE AND SALE. (a) Newlight agrees to sell to
the City, and the City agrees to purchase from Newlight, by good
and sufficient Deed of Bargain and Sale, with general warranty and
English covenants of title, Parcel "C" as shown on the attached
Exhibit 1, and more particularly described as follows:
Beginning at a pin recovered in the western
right of way of Hillview Boulevard, said pin
being s 05 33145" W a distance of 120.491
from the southwest corner of Hillview
Boulevard and Westward Drive; thence, with
the southern line of Section One Homestead,
as described in Map Book 60 at Page 25
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach S 89 361
3111 E, a distance of 190.771 to the southeast
corner of the aforedescribed Section One
Homestead; thence, with the western line of
the property now or formerly W. C. Bonney,
Esq. as described in Map Book 59 at Page 26
as recorded in the above stated Clerk's
office, S 05 331 4511 W, a distance of 256.561
to a point; thence N 89 361 3111 W, a distance
of 912.221 to a point in the eastern line of
property presently standing in the naine of
the City of Virginia Beach as shown in Map
Book 95 at Page 55, also known as a portion
of Cedar Hill Stibdivision section 2, as
recorded in the above stated Clerk's office;
thence with the eastern line of property of
the City of Virginia Beach N 05 471 5511 E
257.021 to a point of intersection; thence,
departing the eastern line of Cedar Hill
Subdivision Section 2 and with the southern
line of Section one Homestead S89 361 3111 E,
a distance of 772-281 to the point of
beginning. The aforedescribed parcel lies
wholly within the Kempsville Borough of the
2
City of Virginia Beach, and Contains 5.500
acres. I
I
(b) As and for consideration for the aforesaid Parcel "Cit
the City shall pay to Newlight the sum of Two Hundred Thousand
Dollars ($200,000.00) at the tiine of delivery of the Deed Of
Bargain and Sale.
2. RESTRICTIONS
UPON USE OF PARCEL "C". (a) Newlight
acknowledges and agrees that the area designated as 4.34 Acres
shall not be filled, wholly or partially, but shall remain water
surface. Banks of a suitable slope shall be provided along
Newlight's remaining northern boundary (N 89 ' 36'-3111 912.221).
(b) Newlight shall not perform, or cause to be perform, any
act or omission which would tend to interfere with the use of theI
easement by the City for the purpose of managing and controllingi,
the drainage and runoff of stormwater. The City acknowledges and
agrees that it will not use Parcel "C" for any purpose which would
interfere with its use as a stormwater detention facility. I
3. STORMWATER MANAGEMENT REQUIREMENTS. The City
acknowledges and agrees that the area of Parcel "C" consisting of
water surface and the area within the top of bank are sufficienti
in area to comply with the performance standards set forth in
Section 8 of the Stormwater Management Ordinance for development@
of the portion of the Property to be retained b Newlight, as1
y
permitted by the existing zoning district classification of
the@
Property, and that the City will permit stormwater dischargo from
the portion of the Property to be retained by Newlight to drain
into Parcel "C". Newlight agrees that it will configure thei
3
contour of the waterbody and the banks thereof in such manner as
tO comply with the requirements of Section 9 (p) of the Stormwater
Management ordinance and that it will takes such measures as are
necessary and appropriate to establish vegetation on th'e banks of
the waterbody.
4: LAWS OF OTHER SOVEREIGNS. (a) Nothing in tril s
agreement shall be construed as a guarantee or expression of
opinion by the City that Newlight, or its successor in interest,
will be granted a permit required by Section 404 of the Clean
Water Act (33 U.S.C. SS1344) to fill the property to the extent
provided in this Agreement or that Newlight, or its successor in
interest, will be granted a Water Protection Permit or othe@
permit by the Virginia Water Control Board under regulations
promulgated pursuant to Section 401 of the Clean Water Act (33
U.S.C. SS1341), nor shall it be construed as an expression of any
opinion concerning the necessity of obtaining any such permit.
In the event Newlight, or its successor in interest, is prohibited1
from filling the Lake to the extent contemplated by this
Agreement, the City shall not be required to ay to Newlight orl'
p
its successor in interest any additional compensation or@
consideration not expressly stated in this Agreement.
(b) In any proceeding before an agency of the State or Federal
government concerning any application by Newlight for a permit to@
fill the portion of the Property to be retained by Newlight, the
City shall take no position either in support of, or in opposition
4
to, such applicatic)n, but shall provid, a true copy of this
Agreement to such agency.
5. OPEN SPACE REQUIREMENTS. Upon recordation of the Deed
of Bargain and Sale for Parcel "C" contemplated by this Agreement,
Newlight shall not be required to set aside any space within the
Property by reason of the recreational open space requirernents set
fort@ in Section 4.5 of the Subdivision ordinance, but shall be
deemed to be in compliance with such requirements.
if1 6. FILL MATERIAL. Newlight shall be permitted to use
as fill such inert landfill material, including, without
limitation, asphalt, as may be permitted by agencies of the State
or Federal government having jurisdiction. The City shall take
such procedural measures as are necessary to amend any landfill
permit issued under the provisions of Section 6-151 of the City
Code, or a successor ordinance as nay be in effect, to effectuate
the provisions of this Paragraph.
7. PRIOR AGREEMENT. This Agreement shall supercede and
replace the Memorandum of Agreement between the City and Lakeside
dated April 5, 1988, reference to which is made hereinabove, andi
such Memorandum of Agreement is hereby declared null and void.
8. DEED AND PLAT OF PARCEL "C". (a) As soon as is
reasonably practicable after the execution of this Agreement, the
City shall cause to be prepared a Deed of Bargain and Sale
reflecting the provisions of this Agreement, and Newlight shall
cause to be prepared a suitable plat delineating the area to bel
conveyed to the City and other required features of such plats.
5
Delivery of such deed and plat and payment of consid,r,ti,n shallI
be accomplished with all practical dispatch by such means as may
be agreed upon by the parties.
(b) The parties shall, upon recordation of the deed Iand plat,
take such measures as are necessary to vacate all prior recorded
easeme@ts inconsistent herewith.
9. SUCCESSORS IN INTEREST. This Agreement shall be binding
upon, and shall inure to the benefit of, the successors in
interest of each party.
10. MODIFICATION. This Agreement shall be deemed to be
the full and complete agreement of the parties, and no prior or
future representations of either party shall operate as a waiver
or modification of the provisions hereof. Any modification or
waiver of any of the provisions of this Agreement shall be in
writing and duly executed acknowledged by the parties or shall be
void and have no force or effect.
11. CLOSURE AND HOURS OF OPERATION. The City agrees tha
t
the existing fill permit no. VB89-260-L shall be modified as1
follows: holidays on which work shall not be permitted shallI
include only New Year's Day, the Fourth of July, Memorial Day
Labor Day, Thanksgiving Day and Christmas Day, and hours of
operation shall be from 7:30 a.m. to 7:00 p.m.
12. RENEWAL OF PERMIT. The City agrees that the renewal of
the aforesaid fill permit shall be determined by application of
the same criteria applied to other fill operations of a similarl'
nature.
6
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH,
A municipal corporation
By
ATTEST: lty Manager
City Clerk
NEWLIGHT ASSOCIATES, IXC.
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the 1
City and State aforesaid, do hereby certify that AUBREY V. WATTS,
JR., City Manager, City of Virginia Beach, virginia, whose name@
as such is signed to the foregoing Agreement, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of 1990.
Notary
My Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACII, to-wit:
7
I, the undersigned, a Notary Public in and for the
resaid,
City and State afo do hereby certify that RUTH HODGES
SMITH, City Clerk, City of Virginia Beach, virginia, whose name
as such is signed to the foregoing Agreement, has acknowl:edged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
1990.
Notary Public
My Commission Expires:
STATE OF
CITY OF to_wit:
I, the undersigned, a Notary Public in and for the
city and State aforesaid, do hereby certify that
President
and
Secretary, of NEWLIGHT ASSOCIATES, INC., whose names as such arel
signed to the foregoing Agreement, have acknowledged the same
before me in my City and State aforesaid.
day of
GIVEN under my hand this
1990.
My Commission Expires:
8
- 22 -
Ite. IV-H.I.
ORDINANCES ITEM # 33887
Upon motion by Councilmaa Jones, seconded by Councilman Clyburn, City Council
ADOPTED:
Ordinance authorizing the City Manager to adjust
appropriations and revenues, eliminate positions
and defer implementation of certain programs within
the FY 1990-1991 Operating Budget.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker" and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
i@Councilwoman Parker advised the program related to Early Cbildhood
Intervention (AVANCE Program) is continuing to be set aside. She wished her
vote to reflect she was not in support of eliminating funding for this program.
I AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ADJUST
2 APPROPRIATIONS AND REVENUES WITHIN THE FY 1990 - 1991
3 OPERATING BUDGET IN ORDER TO IMPLEMENT THE STRATEGIES
4 PRESENTED TO CITY COUNCIL ON OCTOBER 16, 1990
5 WHEREAS, reductions in the State's Biennium Budget, a slow down in
6 the local economy, and increasing fuel costs have combined to reduce anticipated
7 revenues and increase operating costs in the FY 1990-1991 Operating Budget by
8 $11,732,094;
9 WHEREAS, the City Manager in his presentation to City Council on
10 October 16, 1990 identified a series of remedies which will be required to
11 address thebe factors and which will result in modifications to the FY 1990-1991
12 operating Budget;
13 WHEREAS, by Bhifting resources, eliminating positions, and deferring
14 implementation of programs the city may address thebe economic factors without
15 significantly impacting ebsential government services;
16 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA, that the City Manager is authorized to adjUBt
18 appropriationb and resources, eliminate positions, and defer implementation of
19 certain programs within the FY 1990-1991 Operating Budget in accordance with the
20 attached libt Of City Manager remedieb.
21 This ordinance shall be effective from the day of itB adoption.
22 Adopted on this day December 18 1 1990.
CITY OF VIRGINIA BEaCm, VIRGINIA
SUMMARY OF REMEDIES TO COVER REDUCTIONS AND SHORTFALLS
IN THE FY 1990 - 1991 OPERATING BUDGET
(ExClusive of ItemS Affecting the School operating Fund)
FY 1990-91
ITEMS ADJUSTMENTS
Specific City Department Reductions'.
1. constitutional Offices - Compensation Board $ 128,480*
2. Fire Department - Federal Emergency Management 3,763 *
3. Public Works - Street Maintenance 530,373 *
4. Department of Social Services 248,140 *
5. Libraries - Books 34,125 *
6. Public Works - Dredge operationb 91,200 *
7. Pendleton Child Service Center 14,047 -
8. MH/MR/SA - Program Reduction 136,760 *
9. Alcohol Detoxification 5,540 -
Total Specific City ReductionB 2 428
other Action-.
10. Reduced Appropriations and Increased Revenues
from Departments 1,423,585 *
11. Conservation of Fuel 496,599
12. Increased Wine Tax/ABC Profits 155,292
13. Savings from Reduced Rates in Retirement and
Life InBUrance 2,048,995 *
14. Reserve for Underground Storage Tanks 1,125,000
15. Reduction in OUtBtanding Purchase orders 326,801 -
16. Adjustment to Debt Service Costs (Literacy Fund) 855,000 *
17. Reduce COIG Funding - Council Grants Funding 18,840 -
18. Fund Balance Policy - COP 100% Reserve 3,678,927
19. Avoided Costs of New Program Expansions
a. AVANCE Program 67,631 *
b. Sunday Opening-Oceanfront Area Library 30,496 -
20. Phase out of 50 - 100 City Positions 312,500 -
Total Other Actions 9 666
TOTAL FY 1990-91 OPERATING BUDGET REMEDIES: 2 094
Identifies items which may represent a reduction to total appropriations.
sUMMARY OF THE IMPACT OF
REDUCTIONS TO THE FY90-91 OPERATING BUDGET
The following is a brief description of the program or service impact
of the various reductions to the FY 1990-91 Operating Budget.
Item #1
CONSTITUTIONAL OFFICES - $ 128,480
Constitutional Offices will be able to absorb the impact of the
$128,480 reduction primarily through salaries and fringe benefits
fu.ids created either by the State Compensation Board's free/,e on
position vacancies or the cancellation of the COLAs for state
employees. The balance of this reduction may reduce some
discretionary spending, such as contractual services, which may
have a minimum impact on the timeliness of programs and services.
Item #2
FIRE DEPARTMENT - $ 3,763
The Fire Department has indicated it will be able to continue the
Fire Emergency Management Program despite this reduction. To
absorb the $3,763 reduction in funding, spending on Media
Advertising and Print Shop Charges in the Emergency Management
budget unit will be reduced. This may result in a slight
decrease in the public awareness program.
Item #3
PUBLIC WORKS - $ 530,373
The State reduced road maintenance funding by $530,373. The
original state allocation of $17,084,985 was reduced when the
state applied the rate per mile lane used in FY 89-90 instead of
the higher rate anticipated. Total state allocation currently
available in FY 90-91 for the Virginia Beach highway maintenance
program is $17,615,358.
The Public Works Department will minimize the impact of this 3%
decrease in funding by utilizing the salary surplus resulting
from frozen vacancies to offset a portion of this reduction.
Public Works has also indicated it will need to defer the
resurfacing of roadways citywide, including a 2 lane mile
section of Indian River Road. This may result in the need for
interim road maintenance and a slight deterioration in ride
quality. Given the remaining funding, Public Works will be able
to maintain 128.56 lane miles.
Item #4
DEPARTMENT OF SOCIAL SERVICES - $ 248,140
According to the department, the level of services to the public
in FY 90-91 will not decrease from the previous year. The state
rescinded its allocation for eligibility administration which was
earmarked to be matched by city funds to provide financial
support to eligible citizens. These funds were to be used to
enhance existing programs. No personnel positions are effected
by this cut.
Item #5
LIBRARIES 34,125
State Aid has reduced its grants-in aid contribution to the
Virginia Beach Libriary by $34,125, thereby leavinq $225,875 in
State Aide plus $1,312,684 from city funds available in FY 90-91
for book purchases. (The FY 90-91 city available funding for book
purchases has been reduced as a result of this State Aid
reduction and the ITEM #10 DELETIONS AND DEFERRALS reduction of
$30,569.) Since the appropriation is used only to support book
purchases, this reduction will slightly reduce funds available
for that purpose. There will not be any impact on personnel.
Item #6
PUBLIC WORKS - $91,200
State appropriations for erosion for FY 90-91 is now $118,800.
The financial assistance provided by the state to aid the city in
stopping, impeding, and correcting erosion was reduced by $91,200
from the original $210,000. According to the Public Works
Department, this reduction may reduce the spring's truck haul by
an estimated 13,029 cubic yards. The remaining state funds in
conjunction with City funding will allow for 111,971 cubic yards
to be provided by truck haul. (The FY 90-91 truck haul of
111,971 cubic yards also takes into account a reduction of 10,000
cubic yards resulting from ITEM #10 DELETIONS AND DEFERRALS.)
Item #7
PENDLETON - $ 14,047
According to the department, Pendleton Child Service Center will
absorb the $14,047 reduction resulting from state cuts without a
program impact. However, there may be delays in providing
contractual counseling services and the waiting list for such
services may grow.
Item #8
MH/MR/SA $ 136,760
The Mental Health Department will be able to absorb the $136,760
reduction through across the board service cuts in the various
department programs. This move will allow the programs to remain
intact but may result in some delays in receipt services
(extended waiting lists), number of hours of service available
and frequency of services. Some outpatient services in MH have
been capped by the department.
Item #9
ALCOHOL DETOXIFICATION - $5,540
Based on the information provided by MH/MR/SA, although the
$5,540 funding cuts in the Alcohol Detoxification Program may
result in delays in service to the public, there will not be any
program changes.
Item #10
DELETIONS AND DEFERRALS 423 585
Departments/agencies receiving funding from the General Fund were
requested to recommend areas within their budgets which could
either be deleted or deferred in FY 90-91. Some departments
included salaries and benefits which would have effected fro-
zen vacant positions and positions exempted from the hiring
freeze. The impact on services and programs varied. by department.
(See Attachment A.)
Item #11
CONSERV TION OF FUELS 496_599
The city has taken several steps to mitigate the effects of
increased fuel costs, such as lower cruising speeds and ride
sharing. The savings within departments will offset increased
costs. There should not be any reduction in the total budget as a
result of this. However, individual departments may need
adjustments depending upon implementation strategies.
Item #12
INCREASED WINE TAX/ABC PROF 92
The revenue to the General Fund from ABC and Wine Taxes are
expected to be higher than originally anticipated in the state's
adopted budget. In turn, this will result in increased revenues
for the General Fund.
3
Item #13
SAVINGS FROM REDUCED RATES IN RETIREMENT
AND LIFE INSURANCE - $ 4,643,071
There will be a reduction in fringe benefits for life and
retirement insurance in all city budget units as a result of the
recent rate reductions. This will not change the current employee
benefits program.
Item #14
RESERVE FOR UNDER ROUND STOF
The General Fund balance reserve for underground storage tank
clean up can be eliminated since the program is to be funded
through tbe CIP with the use of revenue sharing and state funds.
Item #15
REDUCTION IN OUTSTANDING PURCHASE ORDERS - 326 801
The amount of FY 89-90 funds carried forward to FY 90-91 will be
reduced resulting in a reduction of appropriations. Only a few
departments will be impacted as a result of this.
Health Department - Due to position vacancies, $25,000 in carry
over funds will not be needed to support positions affected by
state layoffs.
Fire Department - Combined FY 89-90 and Fy 90-91 purchase of fire
trucks resulting in savings of $200,000.
Convention and Visitor Development Department - Cancellation of
the National Public Relations Campaign contract resulted in less
funds needed to meet outstanding invoices. Total savings is
$49,390.
Library Department - $243,000 in appropriations carried over from
FY 1990 for book purchases would be reduced by $15,615.
Public Works - It was determined that sufficient funds for the
purchase of salt for snow removal are available in the current
year's budget. Therefore, the $41,732 carry over will not be
needed.
4
Item #16
ADJUSTMENT IN DEBT SERVICE COSTS - $ 855,000
The Literary Fund loans for school capital projects will be
delayed and there will not be any costs in FY 91. Therefore, the
debt service costs included in the FY 91 Operating Budget may be
reduced. This will not impact the construction schedule of the
projects.
Item #17
REDUCE COIG FUNDING/COUNCIL GRANTS FUNDING - $ 18,840
A 5% reduction of unissued funds for city organizational
incentive grants will generate this savings. (See Attachment B.)
Item #18
FUND BALANCE POLICY/COP 100% RESERVE - $ 3,678,927
The debt reserve policy states that the city will maintain a July
1 unreserved, undesignated fund balance of 75% to 100% of the
current year's budgeted general government debt service. In
accordance with the policy, the city has sought to maintain a
balance of 87.5%. This reserve has been recalculated to back out
issues which are required to have their own reserves so as not to
duplicate reserve funding. The debt service reserve can be
reduced 0 $3,678,927 and still maintain the debt reserve policy
of 87.5%. ttachment C.)
Item #19
AVOIDED C PROGRAM EXPANSION - $ 98,127
All funding for the AVANCE Program will be eliminated in FY 91.
Also, Sunday openings at the Oceanfront Area Library would be
eliminated. Sunday library openings are still available at the
Central Library and Kempsville libraries.
Item #20
PHASE OUT OF 50 CITY POSITIONS - $ 312,500
The phased out elimination of 50 city positions will generate
savings of approximately $312,500. This will be accomplished
without layoffs.
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ATTACHMF.NT B
Fy 90-91 COMMUNITY ORGANIZATION INCENTIVE GRANTS
Adl-,.d F@@d,@g L.@.1,
App,@ 5% Adj..I.d o@.M.,Iy O@.,.ght
U@,t A.ct 0 Ag.." F.-di.g R.d..I.- F@@di@Q P.y@.@t O.Pt
18010 05604 STOP @ sv@
18010 05612 SEVAMP 32,729 I,&Io 31.093 $7,&m 7-7 S- S)IC
18010 05615 F-db-k 6.@ 342 6.493 $1,594 93 S- @
18010 05618 N"W- F..b@ 65.230 o 65.230 pd j. f.11 R.wn pg.
18010 05622 HOW.. C.. [m 8,800 440 8.360 $2.M 33 p.tll;c Hith
18010 05823 L@ Aid Sity 11.450 $73 10,978 $2.671.dr7 S- S.
18010 05625 S-.itw H-. 15,532 14.755 S3.624.13 Hm.g & NP
18070 05631 B-h H-n C-t. 5, 1 77 250 4.918 Si@207.97 Pbli@ Hith
18010 05650 Cli- Pl.@. St-h.g C-@ 2,000 100 1,900 $466 d7 Plic.
18010 05851 SPCA 25,515 1.276 24,239 $5.953 50 poli..
18010 o@ @ -1 V,,Qi.i. 6.700 335 8.365 Si.563@3L3 Pblic Hith
18010 OSM F".1 Nigtd 20.000 t,ooo 19,000 /a
18010 o@ C.. C.@t- 4.000 200 3.800 $=,33 S- sw
19010 o@ YWCA W- i. Ciis 31,365 1,5" 29.797 $7.318@so S- &.
IBOiO 05670 D.y C.. & D-. Ct, 2 SM 127 2.400 SSOI 73 S- sw
18010 05671 @.y 6,402 320 6,092 $1,403,90 S- S.
18010 O5a72 rKW-.t., Aid. T.@c. 2.500 125 2,375 SM3 33 P.bli@ Hith
18010 05073 SLV. Pi.. Bky 40.000 2.000 38.000 SQ,333 33 S- S-
19010 05674 YWCA Ot,@ 5.200 260 4,"O $1,213,33 S- @
18010 06678 ut-.ng M.-. 85.890 4.29,4 81,586 S20.038 67 OBE
18010 05689 @@ C..t- 2,142 40,699 S9.N6 00 MH/MR/SA
18010 Tt.1 G,.@t ..m@t. 442.033 is.m 423.193
18010 06804 COIG R.- 10,333 5,031 4 302
18010 S .. h.. St.t. P.,k 50.000 @i.
18010 TOTAL COIG FUNDING 502,366 24 $71 427,495
18040 Nt djustd. t thi. ti..
lo@
ATTACHMENT C
City of Virginia Beach, Virginia
FY 1989-90 Operating Budget
Fund Balance Calculation
Total Fund Balance at July 1, 1989 $ 61,106,482
Effect of FY 1989-90 Transactions
Realized Revenue 406,609,721
Expenditures (410,182,279)
Net Effect of FY 1989-90 Transactions (3,572,558)
Fund Balance at June 30, 1990 57,533,924
Less Fund Balance Designations:
Reserve for Encumbrances 6,489,612
Reserve for Federal Arbitrage Rebate 1,577,461
Advances 1,127,450
Loans 897,305
Prepaid 5,655
Allocation for FY 1990-91 Operating Budget 7,291,633
Fuel Tank Replacement Program 1,125,000
Total Designations 18,514,116
Undesignated Fund Balance at June 30, 1990 39,019,808
Plus Proposed Additions:
Eliminate Fuel Tank Replacement
Program Designation 1,125,000
Reduce Reserve for Encumbrances 326,801
Reduce Allocation for FY 1990-91
Operating Budget 690,253
Total Proposed Additions 2,142,054
Revised Undesignated Fund Balance at June 30, 1990 $ 41,161,862
ATTACHMENT C
City of Virginia Beach, Virginia
Fiscal Year 1990-91
General Fund
Debt Service Reserve Calculations
Debt Service Reserve Requirement
Total FY 1990-91 Budget Debt Service $ 67,836,363
Less: Water and Sewer Fund Supported
Debt Service 13,399,309
Total FY 1990-91 General Government
Budgeted Debt Service 54,437,054
Debt Service Reserve at 87.5% of Debt Service 47,632,422
Less: Debt Service Financed by Fund Balance
in the FY 1990-91 Operating Budget 2,791,633
Debt Service Reserve Requirement 44,840,789
Debt Service Reserve Resources
FY 1989-90 Undesignated Fund Balance 41,161,862
Certificate of Participation Reserves 3,678,927
Total Resources $ 44,840,789
- 23 -
Item IV-H.2.
CRDIMANCES ITEM # 33888
Upon motion by Councl Iman Heischober, seconded by Counci Iman Clyburn, City
Councll ADOPTED:
ordinance to REPEAL Ordinance Number 90-1959-A,
adopted on May 7, 1990, re City's Weights and
Measures Program, provided the 1991 General
Assembly grants authority to the City to Impose
appropriate fees.
Voting: 11-0
Councl I Members Voting Aye:
John A. Baun, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, PaUl J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO REPEAL ORDINANCE NUMBER 90-
2 1959-A, ADOPTED ON MAY 7, 1990, PERTAINING TO
3 THE CITY'S WEIGHTS AND MEASURES PROGRAM
4 WHEREAS, on May 7, 1990, the City Council adopted
5 ordinance Number 90-1959-A; and
6 WHEREAS, the said ordinance declared that, as of July 1,
7 1991, the City of Virginia Beach would no longer operate its
8 weights and measures program, and requested the State of Virginia
9 to render the services provided by the program; and
10 WHEREAS, pursuant to the adoption of such ordinance, the
11 City notified the Commissioner of Agriculture and Consumer Services
12 of the State of Virginia of its intention to discontinue the City's
13 weights and measures program; and
14 WHEREAS, the services provided by the City's weights and
15 measures program are extremely valuable to the citizens of the
16 City, in that they assure a full measure of product is sold to
17 consumers of such necessary commodities as food, gasoline and other
18 items; and
19 WHEREAS, by reason of budgetary constraints, the City
20 Council finds that the City is unlikely to have the fiscal capacity
21 to continue a program which would be otherwise provided by the
22 State of Virginia; and
23 WHEREAS, State law does not permit the charging of fees
24 for the services provided by a program of weights and measures; and
25 WHEREAS, it is, by reason of the foregoing, in the best
26 interests of the City and its citizens to retain the City's weights
27 and measures program if reasonable and appropriate fees could be
28 charged by the City for the services provided by the program;
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
30 CITY OF VIRGINIA BEACH, VIRGINIA:
31 That Ordinance Number 90-1959-A, adopted on May 7, 1990,
32 pertaining to the city's weights and measures program, be, and
33 hereby is, repealed; provided, however, that the repeal of the
34 aforesaid ordinance shall be conditioned upon the granting of
35 authority by the General Assembly during its 1991 session for the
36 City to charge reasonable and appropriate fees to recover the costs
37 of the program.
38 Adopted by the City Council of the City of Virginia Beach,
18 December
39 virginia, on the _ day of 1990.
40 CA-3978
41 \ordin\noncode\weights.orn
42 R-1
2
- 24 -
item IV-H.3-
CRDIMANCES ITEM # 33889
Upon mot Ion by Counc i I man Brazi er, seconded by Counc i Iman He l schober, City
Council ADOPTED:
C)rdinance to A14END and RECFTDAIN Section 2-4 of the
Code of the CitY Of Virginia Beach, Virginia, re
recognition of volunteer law enforcement chaplains
for Worker's Compensation benefits.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-4 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING TO
VOLUNTEER LAW ENFORCEMENT CHAPLAINS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-4 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Section 2-4. Recognition of police, fire companies and rescue
squads as part of public safety program.
In gratitude to and in recognition of the valuable and
necessary services performed by police, fire companies and rescue
squads and the individual members thereof, both professional and
volunteer, which serve the City, the following police agencies and
chartered and nonchartered fire companies and rescue squads are
recognized and acknowledged to be an integral part of the official
public safety program of the City, and the volunteer inembers of
these police, and chartered and nonchartered fire companies and
rescue squads, shall be deemed employees for the purposes of the
Virginia Workers' Compensation Act:
Blackwater Volunteer Fire Department, Incorporated
Chesapeake Beach Volunteer Fire and Rescue Department,
Incorporated
Creeds Volunteer Fire Department and Rescue Squad,
Incorporated
Davis Corner Volunteer Fire Department and Rescue Squad,
Incorporated
Green Run Volunteer Fire Company
Kempsville Rescue Squad, Incorporated
Kempsville Volunteer Fire Department, Incorporated
Knotts Island Volunteer Fire Department, Incorporated
London Bridge Volunteer Fire Department, Incorporated
Ocean Park Volunteer Fire and Rescue Unit, Incorporated
Oceana Volunteer Fire Department, Incorporated
Plaza Volunteer Fire Company and Life Saving and Rescue Squad,
Incorporated
Princess Anne Courthouse Volunteer Fire Department,
Incorporated
Sandbridge Fire Brigade, Incorporated
Seatack Volunteer Fire company
Thalia Volunteer Fire Department, Incorporated
Virginia Beach Auxiliary Police
virginia Beach Borough Volunteer Fire Department, Incorporated
Virginia Beach Rescue Squad, Incorporated
virginia Beach Volunteer Law Enforcement Chaplains
Virginia Beach Volunteer Rescue Dive Tearn
Woodstock Volunteer Fire Company
City of Virginia Beach, Department of Emergency Medical Services
Adopted by the Council of the City of Virginia Beach, Virginia
on the 18 day of December 1990.
CA-4042
\ordin\proposed\2-4.ord
R-1
2
- 25 -
item IV-H.4/5/6
CRDINANCES ITEM # 33890
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Heischober, CitY
Council ADOPTED:
Ordinance to AMEND and RECRDAIN Section 6-13 of th9
Code of the City of Virginia Beach, Virginia, re
permits for grading, et cetera, of sand in coastal
zones.
Ordinance to MEND and RECRDAIN Section 6-137 of
the Code of the City of Virginia Beach, Virginia,
re applications for permits for the construction,
ot cetera, of certain structures In coastal zones.
Ordinance to MEND and RECRDAIN Section 6-152 of
the Code of the City of Virginia Beach, Virginia,
re applications for permits for certain dredging or
landfill operations.
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
F@ AS Tp C@@\ITZ@qT@
SUfF)
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 6-13 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, PERTAINING TO
4 APPLICATIONS FOR PERMITS FOR
5 GRADING, ETC. OF SAND IN COASTAL
6 ZONES
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 6-13 of the Code of the City of Virginia Beach
10 be, and hereby is, amended and reordained, and shall read as
11 follows:
12 Section 6-13. Removing, grading sand fr(xn shores, beaches, etc.
13 (a) Required. In order to conserve the beaches and shores
14 in the city and to protect those areas adjacent to the beaches and
15 shores in the city, it shall be unlawful for any person to alter
16 the contours of sand by grading, carrying away or removing, or to
17 cause the contours of the sand to be altered by grading, carrying
18 away or removing, any sand from the shores, beaches, dunes, or
19 highland along the shores, beaches or dunes in the city without
20 first obtaining a permit from the city manager.
21 (b) Exemptions. Specifically exempt from this ordinance are
22 the authorized replenishment or nourishment activities of the City
23 of Virginia Beach or the Virginia Beach Erosion Council.
24 (c) Application. Any person desiring a permit required by
25 this section shall file an application therefor with the
26 Department of Public Works. Such application shall be accompanied
27 by plans and other data in reference to the work as deemed
28 appropriate by the city engineer. Plans shall be prepared,
29 stamped and endorsed by such qualified professional licensed to
30 practice in the Commonwealth of Virginia as the city engineer may
31 require; provided, however, that this requirement may be waived
32 if, in the judgment of the city engineer, the nature of the work
33 to be performed renders it unnecessary.
34 (d) Issuance. The city engineer shall review any
35 application filed under this section and if, in his opinion, the
3 6 activity does not adversely encroach upon the rights of others,
37 the activity does not despoil the beach, shores or adversely
38 affect the highland adjacent to the beaches and shores in the city
39 and the activity will be conducted with practices acceptable to
40 the city engineer, he shall recommend to the city manager approval
41 of the permit applied for. If the city engineer does not
42 recormnend approval of the permit, he shall recommend to the city
43 manager that the permit be denied.
44 (e) Applicants bond. No permit required by this section
45 shall be issued until the applicant has posted a bond approved as
46 to form and surety, insuring strict compliance with the terms and
47 conditions of the permit. The amount of the bond shall be
48 determined by the city engineer, based on such factors as the
49 estimated cost to perform the requested activity and to restore
50 the area including but not limited to stabilization costs of
51 vegetation and sand fencing.
52 (f) Any violation of this section shall constitute a Class
53 1 misdemeanor.
54 Adopted by the City Council of the City of Virginia
55 Beach, Virginia, on the 18 day of December 1990.
56 CA-3990
57 \ordin\proposed\06-013.pro
58 R-1
2
Vv@p KslL-
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-
2 137 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 PERTAINING TO APPLICATIONS FOR PERMITS FOR THE
4 CONSTRUCTION, ETC. OF CERTAIN STRUCTURES
5 IN COASTAL ZONES
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Section 6-137 of the Code of the City of Virginia Beach
9 be, and hereby is, amended and reordained, and shall read as
10 follows:
11 Sec. 6-136. Required.
12 It shall be unlawful for any person to build, erect,
13 construct, alter, extend or repair any landing, wharf, dock, pier,
14 bulkhead, jetty or like structure in the waters, adjacent
15 marshlands and lowlands in the city, without first obtaining a
16 permit therefor. Any person failing or refusing to obtain such
17 permit shall be guj.lty of a Class 1 misdemeanor.
18 Sec. 6-137. Application.
19 Any person desiring a permit required by this article shall
20 file an application therefor with the department of public works.
21 Such application shall be accompanied by plans and other data in
22 reference to the work proposed to be done. Plans shall be
23 prepared, stamped and endorsed by such qualified professional
24 licensed to practice in the commonwealth of Virginia as the city
25 engineer may require; provided, however, that this requirement may
26 be waived if, in the judgment of the city engineer, the nature of
27 the work to be performed renders it unnecessary.
28 Adopted by the City Council of the City of Virginia
29 Beach, Virginia, on the 18 day of December 1990.
30 CA-4020
31 \ordin\proposed\06-137.pro
32 R-1
Ar, @!.-GAL
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-
2 152 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 PERTAINING TO APPLICATIONS FOR PERMITS FOR
4 CERTAIN DREDGING OR LANDFILL OPERATIONS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 6-152 of the Code of the City of Virginia
8 Beach be, and hereby is, amended and reordained, and shall read as
9 follows:
10 Sec. 6-151. Required.
11 It shall be unlawful for any person to dredge or carry on any
12 landfill operation or to extend any existing real estate into
13 waters, marshlands or lowlands in the city, without first obtaining
14 a permit therefor. Any person failing or refusing to obtain such
15 a permit shall be guilty of a Class 1 misdemeanor.
16 Sec. 6-152. Application.
17 Any person desiring a permit required by this article shall
18 file an application therefor with the department of public works.
19 Plans accompanying such applications shall be prepared, stamped and
20 endorsed by such qualified professional licensed to practice in the
21 Commonwealth of Virginia as the city engineer may require;
22 provided, however, that this requirement may be waived if, in the
23 judgment of the city engineer, the nature of the work to be
24 performed renders it unnecessary.
25 Adopted by the City Council of the City of Virginia
26 Beach, Virginia, on the 18 day of December 1990.
27 CA-4021
28 \ordin\proposed\06-152.pro
29 R-1
- 26 -
Item IV-H.7.a.b.
CRDINANCES ITEM # 33891
Upon motion by Vice Mayor Fentress, seconded by Councl lwornan Parker, City
Council ADOPITED:
Ordinances re Chesapeake Bay Preservation Area:
Transltlonal Rules to be applicable with the CBPA
Ordinance adopted November 6, 1990, and effective
January 1, 1991
AND,
Maps designating Resource Protection Area and
Resource Management Areas within Intensely
Developed Areas.
Voting: 11-0
Council Members Voting Aye:
John A. BaLin, 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.
Councll Members Voting Nay:
None
Council Members Absent:
None
CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
Transitional Rules
With regard to the implementation of the Chesapeake Bay
Preservation Area (CBPA) Ordinance which was adopted on November
6, 1990, and which becomes effective on January 1, 1991, the
following rules shall be applied:
1. All approved preliminary subdivision plats, site plans,
waterfront construction permits, health department permits, or
construction plans shall be honored between January 11 1991 and
their date of expiration. Applications for renewal shall be
brought into compliance with the provisions of the CBPA Ordinance.
No extensions shall be granted beyond the date of expiration.
Recordation of a plat shall not exempt the individual lots from the
provisions of the CBPA Ordinance.
2. All preliminary subdivision plats, site plans, waterfront
construction permit applications, health department permit
applications, or construction plans submitted prior to January 1,
1991 shall be reviewed in accordance with the terms of the City
ordinances in effect when submitted. Plans or applications
disapproved on the first submittal may be resubmitted once under
the terms of the city ordinances in effect when first submitted,
but only within a period of 60 days from the first disapproval and
only provided that the plan or application is in compliance with
all other City ordinances. In instances where the resubmitted plan
or application still does not address all deficiencies, then any
further resubmittals shall be in accordance with the provisions of
the CBPA Ordinance.
3. In instances where the terms of conditional use permits or
conditions associated with rezoning or variances approved prior to
January 1, 1991 conflict with the provisions of the CBPA Ordinance,
the more stringent terms or conditions shall apply.
4. Any property owner afforded special dispensation by these
rules to adhere to the terms of the City ordinances in effect prior
to January 1, 1991 rather than the provisions of the CBPA
ordinance, shall be required to adhere to them in their entirety,
and not only to those provisions beneficial to his or her cause.
However, any property owner, even though permitted by these rules
to adhere to the terms of the City ordinances in effect prior to
January 1, 1991, may opt to adhere instead to the provisions of the
CBPA Ordinance.
5. Any appeals to decisions made under these rules or to
interpretation of them shall be directed to the Chesapeake Bay
Preservation Area Review Committee. Further appeals of the
decision of the Committee shall first be directed to the Chesapeake
Bay Preservation Area Board, and ultimately, to circuit Court.
Adopted by the City Council of the City of Virginia Beach,
Virginia on the 18 day of December 1990.
-1
AN ORDINANCE TO ADOPT THE CHESAPEAKE
2 BAY PRESERVATION AREA MAP
3 WHEREAS, the City Council has adopted the Chesapeake Bay
4 Preservation Area Ordinance as Appendix F to the Code of the City
5 of Virginia Beach; and
6 WHEREAS, the provisions of the Chesapeake Bay
7 Preservation Area Ordinance require that an official map of
8 Chesapeake BaY Preservation Areas be adopted;
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
10 THE CITY OF VIRGINIA BEACH, VIRGINIA:
11 That the city council hereby adopts, as the Chesapeake
12 Bay Preservation Area Map, that inap, consisting of a series of
13 sheets marked and identified as such, displayed before the City
14 Council on this date and on file in the office of environmental
15 manageinent. The Chesapeake Bay Preservation Area map shall be the
16 official record of Chesapeake Bay Preservation Areas and their
17 components within the city.
18 Adopted by the City council of the City of Virginia
19 Beach, virginia, on the 18 day of December 1990.
20 CA-3931
21 \ordin\noncode\baymap.orn
22 R-1
- 27 -
item IV-1.
CONSENT AGENDA ITEM # 33892
Upon motion by Vice Mayor Fentress, seconded by Councliman Jones, City Council
APMOVED In ONE MOTION items 1, 2.a.b., 3, 4 a.l., 4.a.2., 5 and 6 of the
CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, 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 IV-I.1
CONSENT AGENDA ITEM # 33893
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 33-113.1 of
the Code of the City of Virginia Beach, Virginia,
re criteria for administrative approval of certain
encroachment applications.
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
AFPP40VFD AS TO
AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-
113.1 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, PERTAINING TO ADMINISTRATIVE APPROVAL
OF CERTAIN ENCROACHMENT APPLICATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 33-113.1 of the code of the City of Virginia
Beach, pertaining to administrative approval of certain
encroachment applications, be, and hereby is, amended and
reordained, and shall read as follows:
section 33-113.1. Criteria for administrative approval of
certain encroachment applications.
(a) CitY council hereby authorizes the city
manager or his designee, upon proper application to the department
of public works, to approve any encroachments into public streets,
ways, places, or property for private underground utilities and
subdivision identifications signs when the following conditions are
met:
(1) The owner shall remove the encroachinent within thirty (30)
days when notified by the city, at no expense to the city;
and
(2) The owner shall indemnify, hold harmless and defend the city
of virginia Beach, virginia, its agents, and employees, from
and against all claims, damages, losses, and expenses,
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the
location or existence of such encroachment; and
(3) The owner shall construct and maintain the encroachment to
prevent it from becoming unsightly or a hazard; and
(4) Prior to construction within any existing public right-of-way
the owner or his agent shall obtain a permit from the highway
inspections division of the department of public works; and
(5) The owner shall make no open cut of a public roadway unless
the plan is approved by the city manager or his designee and
the city engineer; and
(6) Prior to construction within any existing right-of-way the
owner or his agent shall submit, and have approved, a traffic
control plan; and
(7) The owner shall submit for review and approval, a survey of
the area being encroached upon, certified by a professional
engineer, and/or "as-built" plans of the encroachment, if
required by either the city engineer's office Or the
engineering division of the public utilities department; and
(8) If the encroachment is private water or private gravity
sanitary sewer laterals or force mains, the owner shall
abandon the private service and connect to the city system
when it becomes available to the site being serviced; and
(9) Above ground encroachments shall conform to the minimum
setback requirements, as established by the city traffic
engineer's office; and
(10) If the encroachment is a subdivision sign, the sign shall not
exceed thirty-two (32) square feet per face, shall not exceed
two (2) faces, shall not exceed six (6) feet above the natural
grade at the curb, and any landscaping shall be approved by
the landscape services division of the department of general
services.
(b) Definitions. The following words, when using this
section, shall, for the purpose of this section, have the meanings
respectively ascribed to them herein, except in those instances
when the context clearly indicates a different meaning:
(1) "Owner" shall mean the person who holds legal title to a
building or the land upon which it is situated, either or
both.
2
(2) "Private underground utilities" shall inean any private gravity
or forced main lateral for the conveyance of raw sewerage,
water or storm drainage.
(3) "Subdivision identification signs" shall mean any
noncommercial sign identifying a residential subdivision.
(c) Any encroachment shall be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach except as otherwise provided in this
section, or by SS 33-113 or SS 33-114. Except as otherwise provided
in this section or SS 33-113 or SS 33-114, no encroachment or use and
occupancy of a public street, way, place or property of whatever
nature in a manner not permitted to the general public shall be
authorized or permitted without the consent of the city council.
Every such encroachment, use and occupancy shall constitute a
nuisance and inay be abated in any manner provided by law.
(d) This ordinance shall not be read as authorizing any
encroachment which would be prohibited by any other laws of the
City of Virginia Beach, Virginia, or the Commonwealth of Virginia.
(e) If it is determined that an application for an
encroachment does not meet all of the criteria listed above, then
the City Manager or his de '
signee is expressly prohibited from
approving the encroachment application. The applicant may then
follow the procedure set forth in SS 33-113 of the City Code in
order for said encroachment to be considered by city council.
(f) Any encroachment granted pursuant to this or any other
city code section is a license merely and shall be revocable at
the pleasure of the city council.
Adopted by the City Council of the City of virginia
Beach, Virginia, on the 18 day of December 1990.
CA-4040
33-113-l.pro
R-1
3
- 29 -
Item IV-1.2.a.
CONSENT AGENDA ITEM # 33894
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED, upon SECOND READING:
Ordinance to APPROFRIATE a $10,000 Grant from the
Virginia Department of Motor Vehicles to FY 1990-91
Police Operating Budget re DUI selective
enforcement activities.
Voting: 11-0
Council Members Voting Aye:
John A. BaLnn, 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
I AN ORDINANCE TO ACCEPT A STATE GRANT
2 AND APPROPRIATE $10,000 TO THE FY90-91
3 OPERATING BUDGET OF THE POLICE DEPARTMENT
4 FOR INCREASED DUI ENFORCEMENT
5 WHEREAS, the State Department of Motor Vehicles is providing additional
6 funding assistance to localities for identified highway safety problems;
7 WHEREAS, Virginia Beach has identified driving under the influence (DUI)
8 as a major safety problem, and has applied for and received notification of a
9 $10,000 grant award for expanded DUI selective enf,rce.ent;
10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
11 VIRGINIA, that the City accept the State grant from the Department of Motor
12 Vehicles, and that funds in the mount of $10,000 be appropriated to the FY9O-
13 91 Operating Budget of the Police D@partment for expanded DUI selective
14 enforcement activities.
15 BE IT FURTHER ORDAINED that these appropriations be offset by a
16 corresponding increase of $10,000 in estimated re,e,,e,, as a result of the State
17 grant.
18 This ordinance shall be in effect from the date of its adoption.
19 Adopted the 18 day of December 1990, by the City Council Of
20 Virginia Beach, Virginia.
21 First Reading: December 11,1990
22 Second Reading: December 18, 1990
- 30 -
Item IV-1.2.b.
CONSENT AGENDA ITEM # 33895
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Jones, City Councl I
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE a $1,675 Grant from the
Virginia Department of Motor Vehicles to the Public
Works Department re training In traffic signals and
coordinated systerns.
Voting: 11-0
Councl I 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
AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE
AMOUNT OF $1,675 FROM THE VIRGINIA DEPARTMENT OF
MOTOR VEHICLES TO THE PUBLIC WORKS DEPARTMENT TO BE
USED FOR TRAINING IN TRAFFIC SIGNALS AND COORDINATED SYSTEMS
WHEREAS, the State Department of Motor Vehicles has awarded
$1,675 in Highway Safety Funds, to the virginia Beach Traffic
Engineering Division, for the purpose of receiving training in
"Traffic Signals and Coordinated Systems," and
WHEREAS, this training will allow the Traffic Engineering
Division to improve the quality of traffic flow and address
safety issues within the city, and
WHEREAS, this funding is a one time grant requiring no city
match.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $1,675
be accepted from the Virginia Department of Motor Vehicles and
appropriated to the Department of Public works for the purposes
of providing training to the Traffic Engineering
Division in "Traffic Signals and Coordinated Systems.
This ordinance shall be effective from the date of its
adoption.
Adopted by the City Council of the City of Virginia
Beach, Virginia on 18 day of December 1990.
First Readin December 11, 1990
Second Readin December 18, 1990
- 31 -
itein IV-1.3.
CONSENT AGENDA ITEM # 33896
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Jones, City Councl I
APPROVED, ul>on FIRST READING:
Ordinance to APPROPRIATE $105,020 a5 proceeds from
lease purchase re providing a new remittance
processor for the City Treasurer.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE $105,020 AS
2 PROCEEDS FROM LEASE PURCHASE IN ORDER TO PROVIDE
3 A NEW REMITTANCE PROCESSOR FOR THE CITY TREASURER
4 WHEREAS, the City Treasurer uses automated remittance processing to process
5 funds collected through his office;
6 VHEREAS, the present remittance processing system operates at 1,350
7 transactions per hour with a 20% downtime, and a new remittance processor will
8 operate at 2,050 transactions per hour with no anticipated downtime.
9 WHERFAS, the present remittance processing system costs the city $30,720
10 in maintenance per year and requires an additional $14,000 of manpower assistance
11 per year during peak operation, totalling $44,720 in annual operating costs;
12 VHEREAS, a new remittance processor can be lease purchased over a five year
13 period for $105,020 plus interest payments, with maintenance costs of $1,744
14 for the first year, and $7,676 per year thereafter, and would not require the
15 additional staffing for peak operations;
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
17 VIRGINIA, that funds in the amount of $105,020 be appropriated to the FY1990-
18 91 operating budget of the Treasurer for a new remittance processor;
19 BE IT FURTHER ORDAINED that the appropriation be offset by an increase in
20 estimated revenues as proceeds from lease purchase;
21 BE IT FURTHER ORDAINED that the increase in @ebt service costs for this
22 equipment shall be offset by annual savings in reduced maintenance and manpower
23 costs in the Treasurer's operating budget for the next five fiscal years.
24 THIS ORDINANCE SHALL BE IN EFFECT FROM THE DATE OF ITS ADOPTION.
25 ADOPTED THE - DAY OF 1990, BY THE CITY COUNCIL
26 OF VIRGINIA BEACH, VIRGINIA.
27 First Reading: December 18, 1990
28 Second Reading:
- 32 -
Item IV-1.4.1&2.
CONSENT AGENDA ITEM # 33897
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Jones, City Counci I
APPROVED:
Department of Parks and Recreation requests:
Release a 1.02 acre park roservatlon, required by
Section 4.5(a) of the Subdivision Ordinance, for
the Subdivision of Bellamy Plantation at Jackson
Farm, Phase 1.
An alternative to the standard park reservation,
required by Section 4.5(a) of the Subdivision
Ordinance, for the Subdivision of Bellamy
Plantation at Jackson Farm, Phase 2; and, purchase
.530 acres of park land.
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
- 33 -
Item IV-1.5.
CONSENT AGENDA ITEM # 33898
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
APPROVED:
Ordinance authorizing tax refunds in the amount of
$11,045.60 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, JaMe5 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
11/28/90 E@IC
FORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty Int. Total
Year of Tax Number tion No. Paid
Raymond S. Joseph 88 RE@1/2@ 53260-4 11/17/87 13.59
Raymond S. Joseph 88 RE 2/2 53260-4 5/18/88 13.59
Raymond S. Joseph 89 PE(112) 57000-4 11/25/88 14.19
Raymond S. Joseph 89 RE(2/2) 57000-4 5/25/89 14.19
Raymond S. Joseph 90 RE(],/2) 57919-1 11/24/89 17.10
Raymond S. Joseph 90 RE(2/2) 57919-1 6/1/00 17.10
F. Wayne Jr. &Faye McLeskey 87 RE(1/2) 67088-0 12/5/85 4,335.27
F. @layne Jr. &Faye McLeskey 87 RE(2/2) 67088-0 6/4/87 4,335.27
F. Wayne Jr. &Faye McLeskey 88 RE(1/2) 69785-1 12/5/87 165.42
F. Wayne Jr. &Faye @IcLeskey 88 RE(2/2) 69785-1 5/27/88 165.42
F. Wayne Jr. &Faye McLeskey 8p RE(1/2) 72201-0 12/5/88 258.89
F. Wayne Jr. &Faye McLeskey 89 RE(2/2) 72201-0 6/5/89 258.89
F. Wayne Jr. &Faye McLeskey 90 RE(1/2) 73375-5 12/5/89 276.42
F. Wayne Jr. &Faye McLeskey 90 RE(2/2) 73375-5 6/5/90 276.42
Antonio & Louise Ortiz 90 RE(1/2) 26524-3 12/5/89 52.76
Antonio & Louise Ortiz 90 RE(2/2) 26524-3 6/5/90 52.76
T., J. Jr., & Jo Ann Nolte 90 RE(1/2) 82840-3 12/5/89 139.22
T., J. Jr., & Jo Ann Nolte 90 RE(2/2) 82840-3 6/5/90 139.22
Bailey Mortgage Company 90 RE(2/2) 84047-0 6/5/90 308.03
First American Title 90 RE(2/2) 13670-3 11/6/Qo 171.85
Steven T. Clark N/A Pkng 290661 11/30/89 20.00
Total 11,045.60
This ordinance shall be effective from date of adoption.
The above abatement(s@ totaling c
1 045 60@ were approved by
the Couricil of the City of Virginia
Beach on the@8day of ecember . 1990
easurer
Approved as to form:
Ruth Hodges Smith
City Clerk
- 34 -
Item IV-1.6.
CONSENT AGENDA ITEM # 33899
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Jones, City Counci I
APPROVED:
Ordinance authorizing license refunds In the amount
of $2,685.18 upon application of certain persons
and upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, 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
FORM NO. C.& a ArV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Cahill, James R. 1990 Audit 113.41 113.41
T/A Cahill & Associates
C/0 CuStOMS Advisary Services, Inc.
7024 Holly Road
Miami Lakes, FL 33014
Davis, Theordore F. 1987-88 Audit 56.07 56.07
T/A Maritime Shiphandling Consult.
837 Queen Elizabeth Drive
Virginia Beach, VA 23452
Duall Maintenance Co. 1989 Audit 610.00 610.00
1000 Lenola Road
Tall Oaks Corp. Center
Maple Shade, NJ 08052
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling .48 were approved by the Council
of the City of Virginia Beach on the 18 day of December 90
19
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3m
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Holland, Carey & Wilson, Robert
T/A Professional Yard control
1224 General Street 1986-90 Audit 251.14 251.14
Virginia Beach, VA 23464
McGrath Enterprises, Inc. 1990 Audit 62.15 62.15
T/A Swiss Colony of Haygood
1152 Revere Point Road
Virginia Beach, VA 23455
Certified as to Payment:
Commissioner of
Approved as to form:
@esli-e L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 313. 29 were approved by the Council
of the City of Virginia Beach on the 18- day of December 19 90
Ruth Hodges Smith
City Clerk
FOFIM NO, C.k 8 REV. "6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Ocean Key Associates 1988-90 Audit 1,397.04 1,397.04
T/A Park Inn International Ocean Key
424 Atlantic Avenue
Virginia Beach, VA 23451
Philip Richardson Co., Inc.
P. 0. Box 420 1986-89 Audit 99.79 99.79
Williamsburg, VA 23187
Scripts Unlimited, Inc. 1988-90 Audit 16.30 16.30
T/A The Medicine Shoppe
1605 Hathern Court
Virginia Beach, VA 23464
Speece, Paul R. 1989-90 Audit 79.28 79.28
T/A Weblin Laundromat
1200 crestar Bank
Norfolk, VA 23510 Certified as to Payment:
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,592.41 were approved by the Council
of the City of Virginia Beach on the 18 day of December 19 O@
Ruth Hodges Smith
City Clerk
- 35 -
item IV-J.1.
PUBLIC HEARING ITEM # 33900
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) JOSEPH E. DOWDY VARIANCE
(b) JOSEPH W. BOYD VARIANCE
(c) LAKE RIDGE ASSOCIATES CONDITIONAL ZONING CLASSIFICATIONS
(d) STEVEN H. DAVIDSON RECONSIDERATION
- 36 -
Item IV-J.l.a
PUBLIC HEARING
PLANNING ITEM # 33901
Joseph Dowdy, 614 Woodstock Road, Phone: 420-2852, represented the applicant
Upon motion by Councl Iman Clyburn, seconded by Vice Mayor Fentress, City
Council APPROVED the application of JOSEPH E. DOWDY for a Varianc, to Section
4.4(d) of the Subdivision Ordinance.
Application of Joseph E. Dowdy for a Subdivision
Variance to Section 4.4(d) of the Subdivision
Ordinance. The property is located at 614 Woodstock
Road. KEMPSVILLE BGROUGH.
Voting: 10-0
Councl I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I j am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Counci I Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
Counci lwoman McClanan ABSTAINED as her husband, Delegate Glenn McClanan, has
represented the Dowdy family in the past.
37 -
Item IV-J.I.b.
PUBLIC HEARING
PLANNING ITEM # 33902
Delegate Glenn Croshaw, represented the appl icant, Post Office Box 61888,
Phone: 490-6000
Upon motion by Counci Iman Jones, seconded by Councl Iman Sessoms, City Councl I
APPROVED the application of JOSEPH W. BOYD for a Variance to Section 4.5 of the
Subdivision Ordinance.
Application of Joseph W. Boyd for a Subdivision
Variance to Section 4.5 of the Subdivision
Ordinance. The parcel is located at the southeast
and southwest intersections of Baker Road and
Aylesbury Drive. BAYSIDE BOROUGH.
The following conditions shall be required:
1. The applicant will improve the .567 acre park site
located adjacent to the southeast corner of the
subject site currently owned by the Amhurst Civic
League. Development will include landscaping,
playground equipment, picnic and cookout facilities
and benches.
2. An agreement with the Amhurst Civic League
.outl ining improvements and allowing residents of
the proposed development to utilize the park site
shall be finalized and submitted.
3. A $15,000 Bond shall be posted to assure compliance
of improvements to the .567 acre park site prior to
granting of the applicant's building permit.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 38 -
Item IV-J.l.c
PUBLIC HEARING
PLANNING ITEM # 33903
Delegate Glenn Croshaw, represented the applicant, Post Office Box 61888,
Phone: 490-6000
The following registered in OPPOSITION:
C. R. Lupton, 3629 Landstown Road, Phone: 427-1282, advised the Environmental
Protection Studies and the route selection of the Southeastern Expressway will
not be available until Spring.
Donald Kyle, 3716 North Landstown Road, Phone: 427-2803, advised concern
relative blockage of route of the Southeastern Expressway.
The following registered but WAIVED their right to speak:
Rae LeSesne, 5325 Thornburg Lane, Phone: 497-8008
Georgette Constant Davis, 110 82nd Street, Phone: 422-2948
Thomas E. Perlic, 201 Granby Street, Suite 510, Phone: 623-4784
Lou Pace, 1908 Hunts Neck Court
Ernie Hamblin, 3732 Landstown Road, Phone: 463-8037
A MOTION was made by Councilman Heischober, seconded by Vice Mayor Fentress to
DEFER until ADOPTION of the COMPREHENSIVE PLAN Ordinances upon application of
LAKE RIDGE ASSOCIATES for Conditional Zoning Classifications:
Councilman Sessoms requested the motion be AMENDED to reflect no rezonings
below the GREEN LINE shall be considered until ADOPTION of the COMPREHENSIVE
PLAN.
Upon acceptance of the FRIENDLY AMENDMENT and upon AMENDED MOTION by Councilman
Heischober, seconded by Vice Mayor Fentress, City Council DEFERRED until
ADOPTION of the COMPREHENSIVE PLAN Ordinances upon application of LAKE RIDGE
ASSOCIATES for Conditional Zoning Classifications:
AND, NO REZONINGS below the GREEN LINE shall be considered until after the
ADOPTION of the COMPREHENSIVE PLAN.
ORDINANCES UPON APPLICATION OF LAKE RIDGE
ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION
FROM AG-1 TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to 0-2 Office District on the
following parcels:
Parcel 1: Located 1200 feet west of Princess Anne
Road beginning at a point 1400 feet more or less
southwest of the intersection of Princess Anne Road
and Landstown Road.
Parcel 2: Located 1200 feet east of Landstown Road
beginning at a point 3050 feet more or less south
of the intersection of Landstown Road and Princess
Anne Road.
Parcel 3: Located 1200 feet west of Landstown Road
beginning at a point 1800 feet more or less
southwest of the intersection of Landstown Road and
Princess Anne Road.
Parcel 4: Located 1200 feet west of Landstown Road
beginning at a point 3250 feet more or less
southwest of the intersection of Landstown Road and
Princess Anne Road.
Parcel 5: Located 1200 feet west of Landstown Road
beginning at a point 4850 feet more or less
southwest of the intersection of Landstown Road and
Princess Anne Road.
The proposed zoning classification change is for
office land use. The Comprehensive Plan recommends
use of this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcels contain 200 acres. PRINCESS ANNE
BOROUGH.
- 39 -
Item IV-J.I.c
PUBLIC HEARING
PLANNING ITEM # 33903 (Continued)
A N D,
CRDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FCR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to 0-2 Otfice District on
certain property located on the east and west sides
of Landstown Road, south of the intersection with
Princess Anne Road. The proposed zoning
classification change is for office land use. The
Cornprehensive Plan recommends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcels
contain 143.2 acres. PRINCESS ANNE BCROUGH.
CRDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FCR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO 8-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to 6-2 Community Business
District on the following parcels:
Parcel 1: Located 1200 feet more or less southwest
ot Princess Anne Road, 4600 feet more or less
southeast of Landstown Road.
Parcel 2: Located 2200 feet more or less southwest
of Princess Anne Road, 3900 feet more or less
northwest of North Landing Road.
Parcel 3: Located 900 feet more or I ess west of
andstown Road, 2800 feet more or less northwest of
Princess Anne Road.
The proposed zoning classification change is tor
commercial land use. The Comprehensive Plan
recommends use of this parcel for prime
agricultural land at a density no greater than one
dwelling unit per acre. The parcels contain 187.1
acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FCR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO B-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to B-2 Community Business
District on the southwest side of Princess Anne
Road, 4460 feet more or less southeast of the
intersection with Landstown Road. The proposed
zoning classification change is for commerical land
use. The Comprehensive Plan recommends use of this
parcel for prime agricultural land at a density no
g reater than one dwe I I i ng un i t per acre. The parce I
contains 18.5 acres. PRINCESS ANNE BOROUGH.
- 40 -
Item IV-J.I.c
PUBLIC HEARING
PLANNING ITEM # 33903 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to 0-2 Office District
located 1200 feet more or less southwest of
Princess Anne Road, 9100 feet more or less
southeast of Landstown Road. The proposed zoning
classification change is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcel
contains 155.6 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to 0-2 Office District on the
southwest side of Princess Anne Road, 9100 feet
more or less southeast of Landstown Road. The
proposed zoning classification change is for office
land use. The Comprehensive Plan recommends use of
this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcel contains 17 acres. PRTNCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to 0-2 Office District on the
following parcels:
Parcel 1: Located 7320 feet more or less northeast
of the intersection of Landstown Road and Salem
Road.
Parcel 2: Located 1800 feet more or less southwest
of the intersection of Landstown Road and Princess
Anne Road.
The proposed zoning classification change is for
office land use. The Comprehensive Plan recommends
use of this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcels contain 180.1 acres. PRINCESS ANNE
BOROUGH.
- 41 -
Item IV-J.I.c
PUBLIC HEARING
PLANNING ITEM # 33903 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to 0-2 Office District on
certain property located 1200 feet more or less
southwest of the intersection of Landstown Road and
Princess Anne Road. The proposed zoning
classification change is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcel
contains 3.3 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-5D
TO 0-2
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from R-5D
Residential Duplex District to 0-2 Office District
on certain property located 1250 feet more or less
southwest of the intersection of Princess Anne Road
and Landstown Road. The proposed zoning
classification change is for office land use. The
Comprehensive Plan recommends use of this parcel
for prime agricultural lands at a density no
greater than one dwelling unit per acre. The parcel
contains 8.5 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO A-18
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to A-18 Apartment District on
certain property located 5050 feet more or less
southwest of the intersection of Princess Anne Road
and Landstown Road. The proposed zoning
classification change is for multi-family housing
land use at a density no greater than 18 dwelling
units per acre. The Comprehensive Plan recommends
use of this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcel contains 23.6 acres. PRINCESS ANNE
BOROUGH.
A N D,
- 42 -
Item IV-J.l.c
PUBLIC HEARING
PLANNING ITEM # 33903 (Continued)
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO A-12
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification frorn AG-1
Agricultural District to A-12 Apartment District on
the following parcels:
Parcel 1: Located 4000 feet more or less southwest
of the Intersection of Princess Anne Road and
Landstown Road.
Parcel 2: Located 6400 feet more or less southwest
of the intersection of Princess Anne Road and
Landstown Road.
The proposed zoning classification change is for
multi-family housing land use at a density no
greater than 12 dwelling units per acre. The
Comprehensive Plan recommends use of this parcel
for prime agricultural land at a density no greater
than one dwelling unit per acre. The parcels
contain 103.5 acres. PRINCESS ANNE BOROUGH.
A N D,
CRDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO H-1
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to H-1 Hotel District on
certain property located 3400 feet more or le5s
west of Princess Anne Road beginning at a point
4800 feet more or less southwest of the
intersection of Princess Anne Road and Landstown
Road. The proposed zoning classification change is
for hotel land use at a density no greater than 80
lodging units per acre. The Comprehensive Plan
recommends use of this parcel for prime
agricultural land at a density no greater than one
dwelling unit per acre. The parcel contains 15
acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO
P-1
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-1
Agricultural District to P-1 Preservation District
on certain property located 1200 feet west of
Landstown Road beginning at a point 3000 feet more
or less southwest of the intersection of Princess
Anne Road and Landstown Road. The proposed zoning
classification change is for preservation of open
areas. The Comprehensive Plan recommends use of
this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcel contains 117 acres. FR I NCESS ANNE
BOR OUGH.
- 43 -
Item IV-J.I.c
PUBLIC HEARING
PLANNING ITEM # 33903 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO P-1
Ordinance upon application of Lake Ridge Associates
for a Conditional Zoning Classification from AG-2
Agricultural District to P-1 Preservation District
on certain property located on the east and west
sides of Landstown Road, 7200 feet more or less
east of Salem Road. The proposed zoning
classification change is for preservation of open
areas. The Comprehensive Plan recommends use of
this parcel for prime agricultural land at a
density no greater than one dwelling unit per acre.
The parcels contain 20.1 acres. PRINCESS ANNE
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
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.
LOUIS R JONES I" WITCH POINT TRA L
COUNCILMAN BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA 23455
@804) M3-0177
December 18, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to SS2.1-639.14(E), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, SS2.1-
639.14(E), Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the council consideration of the
comprehensive Plan.
2. The nature of my personal interest is that I own land
with a value in excess of $10,000.00 which is located at
the southeast corner of Princess Anne Road and Landstown
Road, south of the "Green Line".
3. Although the City Attorney has advised me that I am 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, I wish to disclose
this interest and abstain from participating in this
transaction.
ACcordingly, I respectfully request that you record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Mrs. Ruth Hodges Smith -2- December 18, 1990
Thank you for your assistance and cooperation in this matter.
Very tru rs,
1
6
Lc
Cc
Li/awi
Enclosure
LESLIE L. LILLEY MIJNICIPAL CENTER
CITY A70RNEY VIRGINIA BEACH, VA 234M @4
(8N) 4271531
December 18, 1990
Councilmember Louis Jones
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion:
Applications for Conditional Zoning Classifications by
Lake Ridge Associates
Dear Mr. Jones:
I am writing in response to your request for an opinion
regarding your ability to participate in the potential Council
consideration of whether the Lake Ridge rezoning applications
should be voted on before Council' s review of the new Comprehensive
Plan, and whether you may participate in Council's consideration
and vote on the new Comprehensive Plan in the event that the Lake
Ridge rezoning applications are temporarily set aside pending
council's action on the comprehensive Plan.
I. Facts Presented:
Your request for an advisory opinion is generated by the
applications by Lake Ridge Associates for conditional zoning
classifications on parcels totaling 1192.50 acres in the Princess
Anne Borough. The proposed zoning changes would permit a vast
range of office, institutional, commercial, lodging and multi-
family uses. The bulk of the land involved is currently zoned
AG-1 or AG-2 and the Comprehensive Plan currently states that the
Lake Ridge property is suitable for agricultural uses. The
Planning Commission approved a new Comprehensive Plan on December
12, 1990, that would be consistent with approving the Lake Ridge
applications. This new Comprehensive Plan has not been considered
by the City Council.
councilmember Louis Jones -2- December 18, 1990
You have advised that your concern, and reason for requesting
this opinion, is that you own property located on the southeast
corner of Princess Anne Road and Landstown Road, adjacent to the
Lake Ridge property. The current Comprehensive Plan states that
your land is suitable for public, semi-public and institutional
uses. Both your property and that of Lake Ridge is below the
"Green Line" which means that only under unusual circumstances
would the current Comprehensive Plan support rezonings to uses
demanding urban facilities. Under the Comprehensive Plan
recommended for approval by the Planning Commission, it is
recognized that a certain portion of property south of the "Green
Line" may be appropriate for development under certain
circumstances.
Ii. summary/conclusion:
A. From my review of the Conflict of Interests Act and the
information provided by you as referenced below, I am of the
opinion that you do not have a personal interest in the transaction
of the Virginia Beach City Council concerning its consideration of
whether the Lake Ridge applications should be heard prior to
Council's consideration of the Comprehensive Plan.
B. Further, I am of the opinion that you have no personal
interest in the transaction of the Council concerning its review
of the Comprehensive Plan prior to action on the Lake Ridge
rezoning applications. The new Comprehensive Plan is a long-range
planning tool which recognizes that a certain portion of property
south of the "Green Line" may be appropriate for development under
certain circumstances. It does not provide for the automatic
rezoning of any property and the Plan affects the public at large.
However, I recognize the argument that you, as a result of
ownership of property adjacent to the Lake Ridge tract may be
affected differently than the public at large. In this regard and
in response to this concern, it is my advice and opinion that you
may participate in this transaction subject to disclosure pursuant
to Section 2.1-639.14(G).
III. Discussion:
A. In order to have a personal interest in the transaction,
your property must be either the subject of the transaction or you
must realize a reasonably foreseeable direct or indirect benefit
or detriment as a result of the transaction. Clearly, your
property is not the subject of the transaction and, further, it is
Councilmember Louis Jones -3- December 18, 1990
not reasonably foreseeable that your personal interest will benefit
or suffer as a result of the pending transaction since its effect
is speculative, remote or contingent on factors beyond your
control. West v. Jones, 228 Va. 409, 441 (1984). Thus, you may
participate in the council consideration of whether to review the
Lake Ridge applications prior to a vote on the Comprehensive Plan.1
B. The new Comprehensive Plan is a long-range planning tool
which recognizes that a certain portion of property south of the
"Green Line" may be appropriate for development under certain
circumstances. It does not provide for the automatic rezoning of
any property and will affect the public at large. While it is
arguable that you, as a result of ownership of nearby property, are
affected differently than the public at large, you, in any
circumstance, are a member of a group which is affected by the
transaction, i.e., all surrounding similarly situated property
owners. Therefore, even if there exists the appearance of a
foreseeable benefit or detriment, you would be permitted to
participate upon disclosure.
If you are concerned that your vote on this matter may create
some appearance of impropriety because of the location of your
property, there are three options available to you which may
diffuse any perception problems that may arise:
1. You may either disclose the facts as presented herein and
proceed to vote as to this transaction; or
2. You may abstain from voting and disclose any interest;
or
3. You may abstain from voting as to that specific portion
of the Comprehensive Plan which affects the Lake Ridge
rezoning applications and/or your property and disclose
any interest.
Should you decide to declare your interest and vote, a
proposed disclosure letter which complies with Section 2.1-
639.14(G) is enclosed for your convenience. You may either make
this declaration orally, which is to be recorded in the written
minutes of the City Council, or you may file a signed written
I With regard to whether you may participate in the Council's
consideration of the Lake Ridge rezoning applications, please see
my opinion to you dated July 30, 1990, in which I concluded that
although you had a personal interest in the transaction, you could
participate upon disclosure of your interest since you were a
member of a group of persons affected by the transaction. A copy
of the opinion is attached for your information.
Councilmember Louis Jones -4- December 18, 1990
declaration with the Clerk of City Council, who shall retain and
make this document available for public inspection for a period of
five years from the date of recording or receipt.
if you should desire to abstain from voting entirely or on
portions of the Comprehensive Plan, section 2.1-639-14(E) provides
that in such instances, the officer shall forthwith make disclosure
of the existence of his interest and his disclosure shall be
reflected in the public records for five years. The following
letters are also attached for your convenience: one addressing
disclosure and abstention from voting on certain portions of the
Comprehensive Plan; and one addressing disclosure and abstention
from voting on the entire Plan.
As a final note to any conflict of interests opinion, Section
2.1-639.18(c) provides that a written opinion of the =sattoranev
made after a full disclosure of the facts, is ory nd
admissable as evidence that the local officer did not knowingly
violate the ACt, while a favorable opinion of the Commonwealth's
Attorney as the enforcing officer of the COIA, prov des immuni@y
from any alleged violation. If you choose to seek an opinion of
the Commonwealth's Attorney, I will be pleased to assist you in
that regard.
Please contact me should you desire any additional
information.
Very truly yours,
@egfie L ' Lil
City Attorney
LLL/EEF/awj
Enclosures
s
rtP.--Rum
- 44 -
Item IV-J.l.c
PUBLIC HEARING
PLANNING ITEM # 33904
Upon motion by Councl lman Lanteigne, seconded by Counci lman Sessoms, City
Council DEFERRED INDEFINITELY RECONSIDERATION of a Condition in the October 14,
1985, approved application of STEVEN H. DAVIDSON for a Conditional Use Permit
(single family dwelling) in the AG-1 Agricultural District at 686 Princess Anne
Road (PUNGO BCROUGH).
The applicant Is requesting a RECONSIDERATION of
the following condition:
A reservation of right-of-way through this parcel
to provide for an ultimate 94-foot right-of-way for
Princess Anne Road relocated in accordance with the
Master Street and Highway Plan and the Princess
Anne Road at Pungo Ferry Road preliminary alignment
on file in the City Engineer's Office.
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
4 5
Item IV-K.l.
APPOINTMEKTS ITEM # 33905
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
CHESAPEAKE BAY PRESERVATION AREA BOARD
Edward Lee Vaughan
Three Year Term: 1/1/91 - 12/31/93
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McC]anan, Mayor Meyera E. Oberndort and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
- 46 -
Item IV-K.2.
APPOINTMENTS ITEM # 33906
Upon N(IMINATION by Vice Mayor Fentress, City Council APPOINTED:
COMMUNITY SERVICES BOARD
Mary W. Johnson
Three Year Term: 1/1/91 - 12/31/93
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
- 47 -
Item IV-L.
ADJOLRNMENT ITEM # 33907
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOLRNED the
Meeting at 5:25 P.M.
C
B
Chief Deputy City Clerk
@th c Mey6ra(r,. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia