HomeMy WebLinkAboutFEBRUARY 22, 1994 MINUTES
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"WORLD'S LARGEST RESORT CITY"
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CITY COUNCIL AGENDA
FEBRUARY 22, 1994
CITY MANAGER'S BRIEFINGS - Council Chamber - 4:00 PM
A. NEW REAL ESTATE ASSESSMENTS
Jeraid D. Banagan, City Assessor
B. VIRGINIA BEACH OUTDOOR PLAN
Robert J. Scott, Director, Planning
Susan D. Walston, Director, Parks and Recreation
ii. INFORMAL SESSION - Council Chamber - 5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF C@ COUNCIL
C. RECESS TO EXECUTIVE SESSION
ill. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Robin E. Wooddell
Providence Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1 . INFORMAL & FORMAL SESSIONS - February 8, 1994
G. MAYOR'S PRESENTATIONS:
1 RESOLUTIONS - NATIONAL FOOTBALL LEAGUE
a. DALLAS COWBOYS, National Football Conference Champions and
Super Bowl 1994 Champions
Bernie Kosar, Quarterback (Dave Meeker)
b. BUFFALO BILLS, American Football Conference Champions
Maft Darby, Defensive Back
Keith Goganious, Linebacker
Bruce Smith, Defensive Lineman
2. PROCLAMATLONS - ASSOCIATION OF COURTHOUSE RECREATION
CHEERLEADERS SQUAD
a. TIGERS, Senior High Division
b. WILDCATS, Junior High Division
H. ORDINANCES/RESOLUTIONS
1. SCHOOL BONDS:
OPTION A - $139,000,000 School Referendum Bonds -
includes Tiers 11, Ill and IV. (Has the voters
approve all of the additional School Board
CIP request, including the Parity/Technology
Initiative).
OPTION B - $61,400,000 School Referendum Bonds -
includes Tiers 11 and Ill. (Has the voters
decide whether to fund the additional school
CIP request without the Parity/Technology
Initiative). This option would require either
an additional 4.4 cents real estate tax
increase if the tax increase is effective
July 1, 1994, or 4.7 cents real estate tax
increase if the tax increase is effective
July 1 , 1 995. (Sponsored by
Council Member John D. Moss)
OPTION C - $77,600,000 School Referendum Bonds -
Includes Tier [V only. (The Parity/Technology
Initiative only).
a. Ordinance to authorize issuance of General Obligation School Bonds of the City
of Virginia Beach, Virginia, not to exceed $-___ subject to the approval
of the qualified voters.
b. Ordinance to request the Circuit Court to order an Election re the issuance of
General Obligation School Bonds of the City of Virginia Beach, Virginia, not to
exceed
C. Resolution to approve The Question to be placed on the May 3, 1994, ballot re
School Bond Referendum. (Sponsored by Council Member John D. Moss)
2. Resolution to approve issuance of Revenue Refunding Bonds by the Development
Authority to Marian Manor, Inc. in an amount not to exceed $9,000,000 to REFUND
bonds previously issued by the Authority in 1988 to finance the acquisition, construction
and equipping of a residential facility for the aged at 5345 Marian Lane; and, finance
certain improvements to the facility, pursuant to Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended, with respect to the issuance of the Bonds.
3. Resolution to recognize the U.S. Senate Productivity and Ouality Award for the Virginia
Beach Site Visit on February 25, 1994, and affirming the City of Virginia Beach's
commitment to quality and productivity.
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 35-64 of the Code of the City of Virginia
Beach, Virginia, re exemption, deferral or freeze of real estate tax for olderly and
disabled persons.
2. Ordinance to ACCEPT and APPROPRIATE $1,000,000 from the United States
Department of Housing and Urban Development (HUD) (Section 108 loan funds) to the
Department of Housing and Neighborhood Preservation re housing improvement
activities in Seatack, Atlantic Park and Queen City.
3. Ordinance to ACCEPT and APPROPRIATE $60,000 HOME program funds from the State
Department of Housing and Community Development re local housing rehabilitation
program ftinds.
4. Ordinance to TRANSFER $123,000 from CIP Project 2-134 Flanagan's Lane to
Courthouse Loop-Phase I (CIP 2-078) re increased site acquisition, construction of a
four-lane highway from Princess Anne Road (Ferrell Parkway) South (2000 feet) and
utility relocation costs.
5. Ordinance to authorize a temporary encroachment into a portion of the rights-of-way
of North Landing Road, Blackwater Road and Princess Anne Road to Virginia Dare
Soil and Water Conservation District re erection of one single-sided and two double-
sided identification signs.
6. Ordinance authorizing license refunds in the amount of $3,572.71.
7. Ordinance authorizing tax refunds in the amount of $2,210.37.
J. PUBUC HEARING
1. PLANNING
a. Application of GRAYSON M. WHITEHURST, JR. for a Conditional Use Permit
for a t a fill on the East side of Oceana Boulevard, 1000 feet more or
less South of Norfolk & Southern Railroad right-of-way, containing 45 acres
(LYNNFiAVEN BOROUGH).
Deferred: January 11. 1994
Recommendation: APPROVAL
b. Application of ST. GREGORY THE GREAT CHURCH for a Conditoonal Use Permit
for a on the South side of Virginia Beach Boulevard, West of
Clearfield Avenue (5345 Virginia Beach Boulevard), containing 16.3 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
C. Application of CHESAPEAKE BAY ACADEMY for a Conditional Use Permit for
a c on the West side of Baker Road, North of Lake Edward Drive
(715 Baker Road), containing 4 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
d. Application of OLYMPIA DEVELOPMENT CORPORATION for a Conditional Use
Permit for an eatina establ'shment (Deli) on the South side of Cleveland Street at
its Eastern terminus (5701 Cleveland Street), containing 4.9046 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
e. Application of TIDEWATER IMPORTS INC., T/A HALL HONDA for a Condit'onal
Use Permit for motor vehicle sales at the Northeast corner of Virginia Beach
Boulevard and Malibu Drive (3516 Virginia Beach Boulevard), containing
7.371 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
f. Application of JAMES S. CONWAY for a Qbanae of Zonina District Class'fication
from A-1 2 Apartment District to B-2 Community Business District 240 feet North
of Virginia Beach Boulevard beginning at a point 496.34 feet West of North
Witchduck Road, containing 1.1 13 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
9. Applications of MARIAN MANOR, INC. 1460 feet more or less South of Virginia
Beach Boulevard, 350 feet West of Clearfield Avenue (5345 Marian Lane),
containing 28,511 square feet (BAYSIDE BOROUGH):
(1) ChanQe of Zonina District Classification from 1-1 Liaht Industrial District to
- Office istrict
(2) Conditional Use Permit for a home for the aaed (eXDansion for an actiyo
@ter
Recommendation: APPROVE BOTH APPLICATIONS
h. Application of SEVELLA WHITEHURST KING, WILLIE MASON, VERNON
MASONandVOIGHTWHITEHURSTforaChanae of Zoning DistrictClassification
from R-1 5 Residential Di@trict to R-1 0 Residential District at the Northeast corner
of Reedtown Road and Mason Street, containing 2.42 acres
(BAYSIDE BOROUGH)
Recommendation: APPROVAL
i. RECONSIDERATION OF PROFFERS in the May 12,1992, approved Application
of PLEASANT ACRES, LTD, and recorded agreement for changes of zoning at
2653 Holland Road (PRINCESS ANNE BOROUGH)
Recommendation: APPROVAL
K. APPOINTMENTS
AIRPORT AUTHORITY
CHESAPEAKE ASAP POLICY BOARD
HUMAN RIGHTS COMMISSION
PLANNING COUNCIL
RESORT AREA ADVISORY COMMISSION Resignation
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
SCHEDULE TO REVIEW PROPOSED FY 1994-1995 OPERATING BUDGET/CIP
Presentation: March 31 Noon Special Formal Session
Operating Thursday
Budget & CIP City Council Chamber
Workshop: Budget April 5 10AM-Noon
CIP Tuesday 5PM-7PM
Workshop: Budget April 12 10AM-Noon
CIP Tuesday 5PM-7PM
Public Hrng: Budget April 14 7PM-8PM Special Formal Session
CIP Thursday 8PM-9PM Pavilion Theater
Workshop: Budget April 19 9AM-11AM Special Workshop
CIP Tuesday l1AM- IPM City Council Chamber
Workshop: Budget April 26 Noon- 2PM
CIP Tuesday 2PM- 4PM
Public Hrng: Budget April 26 6PM- 7PM Regular Council Session
CIP Tuesday 7PM- 8PM City Council Chamber
Roconciliation May 5 Noon- 2PM City Council Chamber
Workshop: Budget Thursday 2PM- 4PM
& CIP
Appropriation Ordncs: May 10
Budget & CIP Tuesday 2PM City Council Chamber
COUNCILMANIC ELECTIONS
TUESDAY MAY 3,1994
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
2-11 7/94cmd (TDD - Telephonic Device for the Deaf)
AGENDA\2-11-94.PLN
t-,1/2- -C @ -- -1 @ 1- -i
@IILIIMD SESSO.S B. GR@EN@.@ @@:1
'ICE AYOR I'@GINI@ BE @rl "@G
Febj-uary 22. 1994
Mrs. Ruth Hodges Sinith, ('M(@/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict ot'liiterests Act
Dear Mrs. Smith:
In accordance witli iiiy letter to you dated ALigUst 10, 1993, 1 have thoroughly
reviewed the agenda for the February 22, 1994, iiieetin Of City COLincil for the purpose of
identifying any matters in wliich I inight have aii actual or potential conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no inatters on the agenda iii which I have a "personal interest,"
as defined in the Act, either ijidividually or in iily capacity as an officer of Central Fidelity
Bank. Accordingly, I respectflilly request that YOLT reCOFd tfiis letter in the official records
of the Couiicil.
Thank you for yotii- assistaiice and cooper@itioii iii t[iis iiiattei-.
Very ti-tily yotii-s,
0,11 j i-.
Vice Mayor
WDS,Jr./dmc
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach Virgii)ia
I,'ebruary 22, 1994
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINL4
BF-4CH CITY COUNCIL in the Coullcil Chamber, City Hall Building, ()n Tuesday, February 22, 1994,
at 4:00 P.M.
Council Members Present.-
Linwood 0 Branch, III, Robert W. Clyburn, Robert K Deatt, Louis R.
Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K I'arker and
rice Mayor William 1). Sessomv, Jr.
Council Members Absent:
John A. Baum JENTP@RFI): 4:40 11. M,
James W. Brazier, Jr. [FN7FRI@,I) 4: 1 0 P M.
Paul J. Lanteigne 4: 1 0 P, M.
rice Mayor Sessoms, being a Corlvrate Officer of Central Fidelity Bank, disclosed there were no Matters
on the agenda in which he has a '@ersonal interest", as defirted iti the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. The rice Mayor regularly files this Disclosure with the
City Clerk as he may or may not know of the Bank's interest in atty application that may come before City
CounciL Vice Mayor Sessoms' I(,tier of February 22, 1994, is hereby triade a part of the record.
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CITY MANAGER'S BRIEFING
NEW REAL ESTATE ASSESSMENTS
4:00 PM.
ITEM # 37734
Jeraid D. Banagan, City Assessor, advised 1995 assessments are projected to be $16.9-MILLION
representing a 1.3% increase over the current assessment. Each penny of the tax rate relates to
$1,690,000 in revenue for a total of $192,700,000 at the curreni rate of $1.14. Mr. Banagan distributed
copies of his report, which are hereby made a part of the record. A chart, on page 2, depicts the percent
of increase in the tax base from 1985 to the present. New construction for the past year amounted to
$215,800,000, which is an increase of 4.5% from the previous year. Ilage 4 illustrates Percent of Change
in Assessments. 7he average assessment change for individual properties was approximately 0.52%. 7he
overall median was 00/c, 'half of the properties did not receive an increase i.ii assessment.
Overall Mean Change Overall Median
Residentid 0.4001@ Residential 0%
Apartment 2.66% Apartment 3.8%
Commercial 0.49% Commerciall 0%
Industrial Industrial
Appro.ximately 23% of the properties decreased in assessment, with 39% not changing al all. 38% of
properties had a slight increase. 90% of the properties had an iticrease of less than 49,0.
A chart reflecting Residential Housing Stock was depicted on page 7. Townhouses dropped fi-om 16.2%
to 16.1%. High rise condominiums dropped from a 1.5% to 1.4%. Low rise condominiums increased
slightly fi-om 8.9% to 9.101.. Ihere are 116,850 residential units itt the City plus 25,260 apartment units.
7he mean assessment for single family homes is $118,300 which has increased by $1,600. The mean
assessment on townhouses, high rise and low rise condontiniums dropped $700, $800 and $600
respectively. Overall, on all houses combined, the mean assessnietit rose $800 to $106,500. Last year
11% of the townhouses were assessed less than $50,000 and this has increased to 1401., which indicates
a drop in value for that category. Relative low rise condonziniunis, last year 13% of them were assessed
less than $50,000 and this has increaved to 23% this year.
Pages 10, 11 and 12 of the report reflect various categories of prt)perty and the percent and dollar
amount of change from the previous year. General commercial properties last year were 11.9clo of the
tax base which dropped to 11. 701.. Hotels dropped from 2.9% to 2.4%. Office properties stayed the same
at 2.6% of the base. Industrial properties dropped from 2.3% to 2.2%. Apartment properties increased
slightly fi-om 4.701. to 4.801.. Residential property increased by .5% with townhouses declining slightly
from 7.2% to 7.101c. Condominiums declined from 6.3% to 6.2%. Ihe Commercial tax base last year
was 19.3% and declined to 18.9%. 7here was a total of $188,926,128 in Residential New Construction
with only $26,920,468 in Commercial,
Mr. Banagan advised the Change in Property Value by Classificatioll:
General Commercial $ -5,286,702
Hotel -19,335,944
Office 2,185,54,i
Industrial -21,081,374
Aparttnent 27,314,729
Residential 218,138,091
Townhouse -5,407,327
Condominiwn 72,008,288
Agriculture -7,728,982
February 22, 1994
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C]TY MANAG ER'S BRIE FIN G
NEW RF-4L ESTATE ASSESSMENTS
ITEM # 37734 (Continued)
Information relative the Land Use Taxadon and Real Estate Tax ExemptionIDeferrallFreeze for Senior
Citizens and Disabled Persons was also included. ne Program recipients for the Senior CitLens and
Disabled Persons amount to a total of 1,550 with the Amount of Exemption being $1,173,418.69. 7he
Perimeters for this exemption are 65 years or older or permanently disabled. 7-he income ceiling is
$22,000 for senior citizens and $29,500 for disabled individuals. Assetv, or net worth other their home,
must be less than $70,000. Applications must be filed prior to July Ihirlieth.
February 22, 1994
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CITY MANAGER'S BRIEFING
1'7RGINL4 BEACH OUTDOOR PLAN
4.38 P.M.
ITEM # 37735
Robert J. ScoU, Director of Planning, advised the rirginia Beach Outdoors Plan is &he first attempt by
the City to define in one docwnent its philosophy regarding the plannirig, protection, design, development,
financing, construction, management and maintenance of its natural and recreational resources of an
outdoor nature. At least three of the initiatives recommerided iii the I'lan are currently underway.
Clay Bernick - Environmental Management Coorditialor, aiid Ilarry Frankenfield -Parks Planner,
reiterated the five basic networks which set the stage for the development of this Plan:
BIKEWAYS AND TRAILS: Develop key litikages to complete a
recreation and transportation network. l,irst priorities are:
LandstownIPungo Trail. beginning of the eastlwest greenwayltrail
corridor adjacent to the Resort Area aild Oceana ' and Shore
DrivelLesner BridgeINc)rthamplan Boulevard gr('Cnwayltrail c@orridor.
GP,EENWAYS AND SCENIC WATERWAYS: Develop a tiorthlsouth
and eastlwest greenways and scenic waterways rietwork. Develop five
canoe launchlaccess points during the prop()sed Cll' cycle (through
2000); two accevs points are planned with state alid federal agencies.
HERITAGE RESOURCES: Include natura4 cultural and historic areas
in the overall Outdoor Plan. Develop j(@int maiiagemeitt pr(@gram for
natural areas with state and federal agt,nc-ic@s.
PARKS AND GOLF COURSE: The platt outlines the existing inventory
and standards for the City-wide park network. 7hiv analysis indicates a
major success for the City in development of activ(, recreational amenities
and recommends the f()Ilowing:
Development of existing City property includirig I'Ublit
Workslllighways and Nblic Utilities
Continue foci" ()ti the high priority deficit area
Joint partnerships with sch()Ols
West Neck Creek District Park developmelit
Owl Creek I)istri(,t Park development
Recreation impr( ementv adjacent to ()cearia
PUBLIC BEACH ACCESS: f,ocus on exl)atision and impr()'Vements to
Little Island Park (property ()wnership and beac@h replenishment issues
need to be resolved). 1roceed with planning and development of a
beachlrecreation fa(ilily in the Lesner BridgelSh()re Drive area to include
beach parking, restro()m.@, boat launch (I'leasure llouse Creek), trails and
handicapped accessibl(- I)oat launch and swimmilig facilities.
Mr. Bernick displayed a Map illustrated with gray lines to depict the present bikeways and trails. 7he City
obtained approximately $500,000 in funding frotn a Federal grant and this will fund the trail system
linking the Landstown Road Area (I'rincess Anne Park) down lo luiigo. Concertiing the Greenways and
Scenic Waterways map, the dots itidi(ated different waterway access poitits with gray being existing and
the red ones being priorities necessarv to be added in the future.
Mr. Frankenfield advised as the population ages and the needs change, passive recreation @ becoming
a very critical issue. Clearly one of the most underserved areas in the (,@ity as far as beach access is the
Bay front area.
February 22, 1994
- 5 -
CITY MANAGER'S BRIEFING
VIRGINL4 BEACH OUTDOOR PLAN
ITEM # 37735 (Continued)
Susan Walstor4 Director of Parks and Recreation, summarized the significant findings and
recommendations setforth in the Plan:
FUNDING PROGRAM FOR IMPLEMENTATION
Parks and Recreation CIP
Leverage offunds with grants, other rev,ellu(- sour(-es
Optimum funding match 60% CII, 40% (,Iher
Joint partnerships
Current local funding adequate for development of the system
ACTION PLAN DEMONSTR4TION PROJECTS
Mount Trashmore sustainable improvements
West Neck Creek canoe launchlinterpretive area
Alton Creek and Carolanne Farms (atioe laun(h areas
LandstownII1/2ngo Trail
Pecan Cardens Linear Park
Francis Land History Park
ACQUISITION AND DEVELOPMENT POLICY
Standards and guidelines for acquisition
Revise subdivision ordinance, adjust reservatioti alternative
Allow for administrative approval of dedication alternatives
Design guidelines (sustainability, ADA)
Acquisition team approach, Parks, and Recreation ifivolved in
citywide acquisition and disposal ()f surplus pr()I@er
ORGANIZ4TIONAL FRAMEWORK
Interdepartmental approach, strong (()ordiriatioll between Planning
and Parks, and Recreation
Expanded role for Parks, and Recreation Comi?tissioit
Allocation of existing staff resources at this ti,7i(!.
AWNTAIN CURRENT MAINTENANCE CO's TS
Redefined nwintenance requirements
More natural and sustainable properties appearance
Promote less itilensive maintenanct, materials a@id plantings
Fxpand system usitig c-urrent staffziig and futidifig
FUTUPE WOPK PROGRAM
Integrated and consistent orielitatiorilsigri system
Marketingladvertising plan for the Ouldoorv syste-in
Update needs analysis
Inventory and dispt)sal of existing City prop(,rty
Ordinance / Regulation revisions
7he Outdoor Plan Steering Comnzittee consisted ()f.-
Clay Bernick l@lanning Departme?il
Ray Emerson Parks, and Recreati()n Department
Barry Franketifiel(i Parks and Recreation Department
Kay Fudala Parks and Recreation Department
Calvin Jackson Planning Department
Betty Jean Meyer Management and fludget Department
Helen Spore Public Information Wice
Carol William.1/2 Ilousing and Neighborhood Preservation Department
February 22, 1994
- 0 -
CONCERNS OF THE MAYOR
ITEM # 37"6
Mayor Oberndorf extended appreciation to Sherrill Fvans, Reporter for the rzrginian -PilotILedger Star,
relative her article on Emnw Williaim Hairston, a retired teacher, Superintendent of Seatack Seaboard
and a great humanitarian, over 90 years young. This was a magnificent tribute to Emma and her
accomplishments. 77ie Mayor advised this was one ()f the finest articles ever written.
February 22, 1994
- 7
ITEM # 37737
Mayor Meyera E. Oberndorf called to order the INFO SESSION ,f h, 1,7RGINL4 BF-4CH CITY
COUNCIL in the Council Chamber, City flall Building, on 7uesday, February 22, 1994, at 5:00 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, James W, Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Iouis R Jof)eS, Paul J. Lanteigne, John D.
Moss, Mayor Meyera F. Oberndorf, Nancy K Iarker and Mayor
William D. @essoms, Jr.
Council Members Absent:
Non e
February 22, 1994
- 8 -
ITEM # 3773S
May-, Ateyea E.
SESSION ob-dorf entertained a otion
purs t to Se io to Pe-it C'tY Council to conduct ils EXECUTIV
uan ct , 21-344, code of 1,@r@inl-a, - amended, for the following Purpose:E
-sideration of or interviews
gnm-t, appointinent,
dsciplinirig, or resignation
empl,,ye- Pursuant to sectin
To-u'll: API-intments - Boards, and Co"lllillicn.@,-
Airport Authority
ChesaPeake Bay A,"P I'll"Y li,,ard
Ilu-n Rights connissi,,,
Planning Council
l'Irginia Beach Crime Task f,orce
CON-I alion wi h legal counse (r brie gs b
m-b@,-s, C--Itants, or al t 1 ) fin y taff
itorneys pertaitling 1() actual or probable
"t'gat'on, - Oth- specific legal matter@v requ,s ti the Provisions Of
legal advice bY counsel Pu-uant to @Ve, jo 2 Ii g
n 1-344(A)(7).
To- It- Sch-I @efe-ndum Issues
into EXECUT@ SESS7I OC
UPOn -tion by lice Mavor SessOms, eonded by Councilman (,'Iyburn, City Council voted to pr eed
ON.
Voting: 11-0
Council Members voting Aye:
John A. Ba-, Linwood 0. Branci4 II,, Jan- W. Brazier. Jr., Robe,, w.
ClYburn, Robert K Dean, Louis R. jones, paul J Iatiteigne, John D.
MOss, May- Meye- E Oberndorf, Nany K Parker and Vice Mayor
William D, Sessom', ir.
Council Members Votig Ny:
None
Council Members Absent.-
None
Feb-ary 22, 1994
- 9 -
FORMAL SESION
VIRGINL4 BE4CH CITY COUNCIL
February 22, 1994
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Ilall Building, ori ],Uesday, February 22, 1994, al 6:00 PM.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. I'arker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION. Reverend Robin E. Wooddell
Providen(@e 1resbyterian Church
PLEDGE OF ALLEGIANCE TO
February 22, 1994
- 10 -
Item X-E.I.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37739
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only publk business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed iti Executive 5ession to
which this certi ication 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 (@ity CounciL
Voting: 10-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, Robert W. Clyburn, Robert K
Dear4 Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E Oberndorf, Nancy K Parker and rice Mayor William D. Scssotm, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
February 22, 1994
CERTIFICA'nON 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 # 37738, Page No. 8, and in accordance with
the provisions of T'he Virginia Freedom of Information Act; aDd,
WHEREAS: Section 2.1-344. of the Code of VirgiDia requires a certirication by the
goveming blody that sueh Executive Session was conducted in confonnity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hCTeby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virgiiiia 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 beard, discussed or
considered by Virginia Beach City Council.
h Hdgs @,th, CMCI@E
City Clerk February 22, 1994
e-
MINUTES ITEM 37740
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Ilarker, City Council APPROVED the
Minutes of the INFO AND FO SESSIONS of February 8, 1994.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwo()d 0. Branck III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John 1). Moss, Mayor Meyera
E. Oberndorf, Nancy K. Parker and rice Mayor William D. @essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, lr.
February 2Z 1994
12 -
AL4 YOR'S PRESENTATIONS ITEM # 37741
ADD-ON
May- Ob-dorf PRESENTED:
RESOL UTIONS - NA TIONAL FOO TBALL LF,4 G UE
DALL4S COWBOYS
National Football Conference Champions & Super Bowl 1994 Champions
Bernie Kosar - Quarterback
(represented by Dave Meeker)
BUFFALO BILLS
American Football Conferenc,! Champions
Matt Darby - Defensive Back
Keith Goganious - Linebacker
Bruce Smith - Defensive Lineman
February 22, 1994
IN-FAS: the Dallas cmboijf, .1 Ih, FO Otball league, @.n the National Football CO@ference
ChamPionship f., th, s@cono c.nsecutive time@ earning th,@ , t'rip t- the 2Uper B,,I;
the recent success DE the Ddllas Co.bo@s is du@, j, la
-sar, who is a Quart,,b,,k f.r the tuwbousi drafted rGe Part, tc th@ eff,rt, f B,,ni,
suPPlemental draft for Cl@v@iana, h, later in the first, ro.nd of the NFC i985
age.t, reuniting hi, it@h his fo,.er co si(ineo n @ith th@ Dallas coubag, as , fr,e
11@G@ codch, Ji@, J.h,,@n.
aIds business.a,, owning PiGht ArbB', R,,taur,nt
s 5-ccess -@ the gli6i,@n bates bach to his
cs i@ the ca,l@ So, @@@ is highlighted bg being
rang, B.wi, 110 ll,llin, lead the lfurricanes to a
he as Z@am All-Ame,ica@ anO
As a Dallas Cowboms, Quarte,ba,k he has contribut,O to t'he
damination c th,-'Nati@,n,l F@othall C@nfere@r,
[he Cit@ -f Virginia Be@,h i, @e,y p,,@6 t@
achievements and, 'Pt-g@i-C nl ppi,@o hi. f-' his 0-t@tan0i.g
his Pe,forman,e in the 1994 $up@r Bo.1 C,,,.
K-, U@ORE, BE tt that ti@' Citg C-uncil of L-he Cit@ f Vil,ini, Beacti recogniaes ano
dPPlauds Bernle Kosar for his m@n@ -utstanding achie"menls in th, N,ti,,al To.tball league
culminating, rrwst recentlj, in his significant cont,lbutic, -,- ath, D,I',as cowbogs' Na@ional
Football Conference an6 th@ $.p,r B-1 '94 Chaspionship.
Giv@n nbe, ur han0s a@O le,l, t@:, Ifi,nb,,6 @no Nin,t,-
Four.
John A. Baw lin.cod 0. Ja-e@ [u. R,,bert ID.
Robert I(. Dean [.Uis R. i.n,, Paul J. ca@L-eig@e D. rr,,,Ss Nan@ K. Parker
Mcge,a E. U). P. 3@,so.s,
Magar )ic, Maqo,
@he ftffalc Bills, of the National Football Ecague, wan the Anerican Football Conference
Championship for an npr@c@0@nL,@0 f otirth cons@c.ti@, Lim,, car@i@g the. an equallu
unprecedenteO fourth consecutiuc trip to the $t,per
Of@: I)irginia Beach resi0ent, Mit-t Do,bg, ho i, B,,k [,, @he Bills, Orafteo bq
thcm in the fifth rou@@@ of th, NTE 1992 )raft;
IX@ A I)irginia Beach natiue, Matt DarbU's success @,n t-h@ @l,ioiran Oates back to his 6ags as a
pla@er for Creen Run lfigh $ch,,ol anO, latcr, for UCIA, anO is highlighteo b,3 his receipt
of Consesus Fi,st Zeam b8 U$A toda@, Pa,a0e, @.per Prep, anO $porting New,,
as well as four-time $tat, Champi.n in the t,ipl, J -P, , KOO@C All-American l(onars Fir,t
Zeam an@ AII-Pac 10 Pl@qe, i@ hi, %@nior yea, it UCCA
As a Buffalo Bills' Del@@si@e @ck he has c.@t,ib.t@e iq,ificantig t. @he BIII'@ rece,,t
domination of the Footb,,Il conferc,,,V; l@0,
Ehe titu of Uirgini@ B,ach is ,rU prouo t,, t,e abi, t@, claim Matb Darb@ as one of its
o.n, and wishes t. a,,O appla.@) l,im (,,, @i, .@tstandi@c
achieuement@ i@
P,afessional Football.
NON, @olte, BE It R@: tl,at the Cit@ C.uncil ,f the fit@j f Uirginia Beach recognizes ano
applauds ltatt Darbg for hi, .@@U @,@tsta@ding achieveme@ts in the Natio@al Football @ague
@ulminating, most @-ntl,3, i. hi, @.ntrib,,ti.@ t-,, tl,, Bills' American Fo.tb@ll
C.nference Championship.
uno@r ou, han0s anO ii,i, ... nO Itundreo 'Ino Ninct@-
Four.
John A. Ba= finwoub 0. U). B,@,i,,, Jr R@bert [D. CI,3burn
Robert K. Dean Couis B. J.@,, P@ul I. Cint,ign@ Jo@,, D. Muss Nancu K. Pa,ker
Mc8era E. Obe,nOo,f iL. D. qe@@.ms, ]r.
MaBo, mag.,
lttfiiattttilatt
[he Suffala Bills, ot th, National football Ceag.e, won the A.@,ican Football Conference
Championship [or a., .@p,ecebente@ fourth @o@se,uti@, arninki them @n equallu
unprecedented f... th trip to tt,c '$.pe, B@.1;
Uirginia Beach resiO@@t, Keith Cogania.s, is a Ein,ba,ke, f., the Bills, drafte6 bU the. i@
the thiro ru.nd of th, 1992 Or@ft;
U@: A I)irginia Beach nalive, K,ith Caga@ious's s.c@ess n th@ Oates back to his dags as
a foutbaII plager fa, rreen Run l(iqh Icbcal anO was highl[Ghted b@ his receipt af the All-
A.merican ltaners recagnition (;ive@ bg UA Eo6al3 anO icholasti@ Coach; anO, he as
han.@b as All-Am,ric@@ 11.@arable m,ntion hil, a @,ni.r @t Penn
As a BuFfala Bills' Li@ebacker, he has cont,lbuteo significantl@ t. the Bill's ecent
Oamination of the A.@,ican Football tonfe,,nce; an@
iOl@: Zhe CitU of I)irqinia Beach is uer,3 proub to b@ abl@ to claim Keitb Coganious as ane af its
own, and wishes to recogni" a@0 applauo him for hi, ,utstanOing achievements in prefessi.nal
football.
NOR, @ME, BE It @: that tl,e Citg Coun,il of th, Cit@ of L)irl3inia fleach recogniats an6
applauds Keith Caganious for t,is @anq outstanaing achieveme@ts in th@ National Football feagu@,
culminating, most recentl4, i,, hi, signif ica@t c,,nt,lbuti.@ lo 1-t,, B@ffalo Bills' American Football
Conf@rence Championship.
Giuen unber our h@nos an,) tt,is T.,ntj-@conO )@li @f C)
Ninet,,n l(@n6r , ano
F.U,.
John A. Da- Ein.0.0 B.... I,, III j@,@, [D. J,. Rabe,t M. cluburn
Rohert K. Dean Couis R. P@,@l J. Ca,,teign, John 0. Moss Nancli K. Parke,
Me8era E. D- J,.
ma,3., Llic, MaBo,
[he Buffala Bills, of tile National Football E,,g,C, LIle @,,jlan football C,,r ......
ChamPignshiP fcl a@ @nplec'O,nt,O Fourth cons Lhtm
u@precede.teb foulth t'lip ta th@ $.P,r
Im@: Zhe recent su,cess of the Buffal, Bills is 0.
native and I)irgini, Bea@h B@uce ;a lacul P@lt, to th, efforts of Norfolk
greattst Defe.siuc Li mith, ho i' b4 man@ t. be th@
-eman h. has verg p,auea Ll@, ga.,;
Bruce $mith', suc@ ess "I t@ll
U)ashington Iii h chool @he OutlanO 'Er.ph@r Bi no kle9, z
as the most ng -% d@@l is highlightea b@ hi . ...... t, @,
utstanDing in OIIZge football @hil, plagi@g at I)i@ginia Cech, his
selection, In 1985, as t,lle N,,. I NFE draf t pick a,10 AFE R@,okil @f th@ gear, a@0 his
selection Lo the Pro B@-1, 'ix ti-cs, incluoi.q bei@g the Pr@, B.wl's Ma@t L)altiabl,
PlaBer in 1987, an,) his s,l,,ti,n t. ttle Pro B0.1 in 1994@
As the Buffalo Bills, dll-ti@c $ack lea0er, Bru@c $@ith C.,tin@es L-. intimidate opposing
Quarterbacks, thzreby O@tlibuting @ignifica.tl@ tu the BilIs rec@nt domination of th,
American Football as well as his t@-Cm,rO.u, ffe,t i@ the $uper Bowl @ame@
ano,
@he CitB af I)irginia B,a,t, is @e,@ pr.ud t. b@ abl@ t. @l@im B,uc@ 2.ith as one .[ it,
own, a@b wishes to anO applauo f,,, hi, ,,@L,@tanding achiev@ments n
P,ofessional F.abball.
mom, t]@ORE, BE It @@: t t"! t I'@ C i LU C@l@,,c i ti,, Cit@j .1 L)ir@i,,ia B@a@t,
applau0s B@e suibb co@ f,i@ L- t-a n 6 i n g achi,v@.e,t, i@, th@ Nati.n,l F..tball C@ag.,,
culminating mdst recentlg, i, ,i, c.nt,lb@,ti.r to tl,,, Bill,' American F.otball
Conference @hampionship.
C;ive@ un0er . . .h a n 0 s a @0 s c @ I , t 1, q t q ),l f F I 1, N i @ c t, , c,, It. n @@ c 6 a n 6 N i @ e tit -
F.Ur.
Joh. A. Ba= Cii,wooo Ln. Br,@,@ l@, ill Ja@e, L,. R,,he,t, a). Cl@bu@
R.bert K. Dean fouis R. J,@n,s Pa@@l J. @nt,io@e P. M.'s N@ncU I(. Pa,k@r
Mege,a E. [L,. $c,sc.s, J,.
ma4., t)i,, MaU@,
13 -
MAYOR'S PRESENTATIONS ITEM # 37742
.4DD-oN
Mayor Oberndorf PROCLAIMED:
FEBR UAR Y 22, 1994
TIGERS CHEERLEADING SOUAD DAY
WI L D CA T S C H E E R L E,, D I N (; S Q U A D D A Y
7h-eProclamations recognized the Cheerleading Squadsfrotn theassociation of Courthouse Recreation
Center, who attended the International Open Cheerleading Cotnpetition, in Nashville, Tennessee, on
December 26-29, 1993. Ihe "Tigers" and the "Wildcats" consisting ofthirly-one girls, two coaches and
their manager, were among 5,000 participating in this event. 7he "Tigers" competed in the Senior All-
Star Division, placing Ninth out of twenty-one squads; and the "Wildcats" competed in the Junior All-
Star Division, placing Seventh out of twenty squady.
Coach Cathy Mead and the Cheerleaders ACCEPTED th, ilrocl,,,,,Iions
February 22, 1994
.6
riartainatilitt
q f ram the Assjciation if Courthouse
Zwo Cheer,gading $ uads International Open theerleading
Recreation atten6eb the in Nash@ille, TennessPel an December
competition, known as LOCC,
26-29, 1993;
tlie"TI Prs" anO the "E)il6cats,,, consisting of thirt;3-Line girls,
9 were ar(wng 5,ooo chilbren
two ceaches anb their managpr,
participating in this event, bringing tolzether talent from across
the Natiian;
the "tigers" compete6 in the senior All-star Division, plaring
Ninth out af twent,2-One squa6s; an6,
the "Wiiacats," climpeteb in the Junior All-,Star Division, placin!a
quabs;
,%euentb out of twentg s
tl3 ralse the =neg needgd for this
Zhe girls iui3rked verg haro to provide them this chance
trip, with the help of their parents,
of a lifgtime, which allowed them the lipportunitg tia megt man,3 neu)
frien6s an@ exchange Cheerleabing ibeas-
Now, On, 11 MeiAera E. Obern6urf, Magar of the cit@ of Virginia Beach
I)irginia, ao hereb@ PROCUM:
f B R 11 A R 2 2 9 9 4
C R t E R f E A D I K 6 A D D A
in recognition of their success and Hational stanbing as Cheerleaders,
serving as Ambassabars for the CitA of I)irginia Beach.
is imous , I have hereuntn set m)3 hanb and caused the Official $eal
,af thp Cit1/21/2 at I)irginia Bpach, I)irginia, tci be affi)ce6 this Ewenti;-secand
da,2 of Februar,3,Nineteen liundrea anb Ninetg-four- d.
orf
MaBor
ton
Cheerlea@ing quad
Recreation attendtd $ s Cram th, Assuciation of C,,,,thousc
COMP2titiL'n, know, , the International Open Cheerleabing
26-29, 1993; 'OCCI 'n NashuiII8, Cennessee, an De,,,ber
@he "@igers" and the "IDil6cats," cjlnsisting of thirtg-]3ne girls,
two cflaches an6 th@ir manager, w aml'ng 5,000 chilbren
participatinB in this event, er,
the Nation; bringing together talent E,,m acrxiss
The "Zigers" competed in thg nior All-.$tar Dil)isilin, placing
,$e ,
Ninth aut of twent@-ane squads; an6,
Che "B)il@rats," campeteb ill the Junior All-$tar. Diuision, placing
$eventh out or twent@ squads;
Che girls workea verb hard to raise the m]3neU needeb for this
trip, with the help af their parents, to proviae them this chance
of a lifetime, which alluweb them tne a partunitb to meet manb new
frienbs an@ exchange theerleading ideasp
NON, OU, 1, Mg@era E. Oberndarf, Magor of the Citg of Virginia Beach
I)irginia, ba hereb@ PitocCAIN:
F E B R it A R 2 2 1 9 9 4
A 3
D C A t $ t ff E E R f; E A D I N 6 S 4 U A D D A
in recagnition of their success anb Natianal standing as Cheerleaders,
serving as Ambassadors for the CitB af L)irginia Beach.
-tN Bl@$ F, I have hereantia set m@ hand anb caused the Offirial $eal
of the CitB iif Pirctinia Beach, Virginia, til be affixe6 this Q:WentB-secund
6ag af FebruarB, Nineteen fiundreb and NinetU-Four.
d2
M Obandart
MaBlir
14 -
0,RDINANCESI,RESOLUTIONS ITEM # 37743
@e following egisteed ,, OPPOSITION..
Lisa Guthrie, esident _ tion A socia i( , 405 1 etr
di t buted a Pr Pirginia Beach Educa @v I )ri I ' ell Court, Phone: 4222-6088,
s ri copy of h- staletnet7i which is hereby made a p,rt (,f th, re,ord.
Lou Pace, 1908 Hunts Neck Court, I'hf)n,. 468-0925
UP- -Otion by Councilman Moss, econded by Councilinati J(,nev, City Coutcit..
Returned the CaPital Improvement Program req,,st t,) the School Board
to -vise, refine, reprioritize, include underground storage tanks, and
return to City (,@ouncil for further COnSideration r,.:
Ordinance to authorize issuatice of General Obli tion School
Bonds of the (-'ity of rirgitia Be,ch, rrgi,,ial I'saubjeci to the
aPProval of the qualified v()Iers.
Ordinance to request the Circuit C()Urt to order an Election re
the issuance of Ceneral Obligatio,, @,hool B,)nd., of the City of
Virginia Beach, f-irginia.
REMOVED FROM AGENDA:
R-olution to approve 7he Questioll t,) be placed oii the May 3, 1994,
ballOt - School Bo d R fr ndu-. (, portsored I)y (ouncil br
John D. Moss) n e in
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linw(@od 0. Branch, III, James W. 13razier, Jr., Robert W.
Clyburn, Robert K Deat', L-is R. Jollev, Iaul J Lanteigne, John I).
Moss, May- Mey-a L. Oberndorf Nan(-y K Parker arid Vice Mayor
William D. Sessoms, J,,
Council Members Voting Nay:
Non e
Council Members Absent:
Non e
Councibn- MOss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of rirginia, his wife is
currenIly e-ployed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of $10,000. Councilman Moss declared he -s able to participate i,, the transaction fairly,
Objectively and in the best public interes,t (@ounciltnan Mos@ @ letler @f July 14, 1992, is hereby made a
Part of the record.
l,'(@bruary 22, 1994
15 -
ORDINANCESIRESOLUTIONS ITEM # 37744
UPOn motion by Vice Mayor ;essoms, seconded by C(iuncil Ladv Parker, Ci@ Council ADOPTED:
Resolution to recognize the U.S. Senate Productivity and Quality Award
for the Virginia Beach Site Visit on February 25, 1994, and af)7rm the
CitY of Pi-rginia Beach',y commitment to quality and productivity.
Voting: 10-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K ilarker and rice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay.
None
Council Members Absent:
Louis R. Jones
February 22, 1994
A RESOLUTION RECOGNIZING THE U.S. SENATE PRODUCTIVITY AND QUALITY
AWARD FOR VIRGINIA SITE VISIT ON FEBRUARY 25, 1994 AND AFFIRMING
THE CITY OF VIRGINIA BEACH'S COMMITMENT TO QUALITY AND
PRODUCTIVITY.
WHEREAS, the City Council is committed to the principles of
quality management throughout the organization and the community;
WHEREAS, the City Council recognizes a supportive environment
in which excellence may thrive to provide continual improvement
in services;
WHEREAS, the City Council promotes quality customer service as
the business as usual philosophy;
WHEREAS, the City Council and top management endorse hundreds
of rightsizing and productivity initiatives planned and completed
since the forming of the Quality Management Steering Committee in
July 1991;
WHEREAS, the riqhtsizing and productivity initiatives have
received wide local and state recognition when published;
WHEREAS, the maturity of quality effort is evident in top
management by the current revisions to the Quality manaqement
Strategic Plan and the Quality Principles by the Quality and
Productivity Team;
WHEREAS, as the result of these efforts, managers and employees
alike have received training and education in quality management,
team facilitation, teamwork, customer relations and service.
WHEREAS, a continous process for customer surveys has been
encouraged and developed;
WHEREAS, citizen participation and involvement in numerous
city teams is well documented in the quality initiatives;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Virginia Beach, Virginia:
1. That this council hereby officially endorses and recognizes
the basic criteria for the U.S. Senate Productivity and Quality
Award for Virginia;
2. That this council directs the City Manager to continue the
work of the Quality and Productivity Team and support citywide and
cross-departmental quality efforts;
3. That this council encourages a cultural change within the
organization aimed at excellent customer service, continuous
process improvement, cooperative alliances and the development
of a proactive agenda for the community.
Adopted by the Council of the City of Virginia Beach,
Virginia at a meeting held February -- L994.
item iii-L
CONSEA7 AGENDA ITEM 37745
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROYED in
ONE MOTION item 1, Z 3, 5, 6 and 7 of the CONSENT AGENDA.
Item III-L4. way pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dean, louis R. Jones, Iaul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K. Parker* and P-tce Mayor
William D. Nessoms, Jr.
Council Members Voting Nay
Non e
Council Members Absent:
None
Council Lady Parker voted a VERBAL NAY on Item III-1.5 ()f the CON,51,,NT AGENDA.
February 22, 1994
- 17 -
Item Ill-Ll
CONSENT AGENDA ITEM # 37746
Upon motion by Vice Mayor 5evsoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to AMFND and REORDAIN Section 35-64 of the Code of
the City of Virginia Beacli, Virginia, re exemption, deferral or freeze of
real estate tax for elderly and disabled pervons.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and rice Mayor
William D. @essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
1
2 AN ORDINANCE TO AMEND AND REORDAIN
3 SECTION 35-64 OF THE CODE OF THE
4 CITY OF VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO EXEMPTION, DEFERPAL
6 OR FREEZE FOR ELDERLY ANE) DISABLED
PERSONS,
7 BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 35-64 of the Code of the CitY Of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Section 35-64. General prerequisites to grant; effect of
12 residency in ho,pital, nursing home, t,.
13 (a) Either the exemption, deferral or freeze, but n,t lore
14 than one, as providecl for in this clivision shall be granted to
15 persons subject to the following provisi()ns:
16 (1) The title t- the prop t f r which e e ptio
17 el: 0 x m n,
deferr,ii 01' freez-- ;s is hei@-, or par@.;-,,I,,
18 1
19 held, on June thirtieth immediately preceding the
20 taxable year, by the perso,, c)r persons claiming
21 exemption, defelral or freeze and is Occupied as
the sole dwelli,g of such person or persons.
22 (2) The head of th@ household Occupying the dwellinj
23 and owning titl, r partial title thereto or either
24
25 SPOuse in a dwelling joint-Y held by a husband and
wife is either permanently and totally disabled or
26
27 -IS Sixty-five (65) years of age or older on June
28 thirtiet@) of the yeir immediately preceding the
9 taxable@ year; provided however, that a dwelling
0 jointly held by a husband and wife may qualify if
1 either spouse is over sixty-five (65) years of age
on such date.
2 (3) The total combined income received from all sources
3 during the precedinci -@alend r' year L)y: (i) owner-,
4 Of the dwelling wh, ,, It as their principal
5
residen(-,e and (ii) OWnE,rs' relativ,S who live in
36 the dwelling, shall not exceed twenty-two thousand
37 dollars ($22,000.00); provided that the first five
38 thousand dollars ($5,000.00) of income of each
39 relative, other than l spouse of the owner, or
40 owners, who is living in the dwelling shall not be
41 included in such total and provided further that
42 the first seven thousand five hundred dollars
43 ($7,500.00) or any portion thereof of income
44 received by a permanently and totally disabled
45 owner shall not be included in such total.
46 (4) The net combined financial worth, including
47 equitable interests, as of December thirty-first of
48 the year i.mmediately preceding the taxable year, of
49 the owners, and of the spouse of any owner,
50 excluding the value of tyie dwelling and the land,
51 not exceeding one acre, upon which it is situated,
52 does not exceed seventy thousand dollars
53 ($70,000.00).
54 (5) 'I'he dwelling is occupied.
55 (b) Notwithstandinq subdivision (a) of this section, if a
56 person has air-eady qualified qualifies for an exemption or deferral
57 under this artic.Le, and if the person can prove by clear and
58 convincing evidence that after- se qualif-@,inej the person's physical
59 or mental health has deteriorated ti,'D the point that the only
60 alternative to perrnanently resi(ling iri a hospital, nursing home,
61 convalescent hoine or other facility for- physical or mental care is
62 to have a relative niove in and provide,. (,are for the person, and if
63 a relative does then move in for that purpose, then none of the
64 r-elativels income of the relative or of the relative's spouse shall
65 be counted towards the income limit_@@ovided that the owner of the
66 residence has not transferred assets in excess of $5,000 without
67 adeguate consideration within i three-year period prior to or
68 after the relative moves into such residence.
69 (c) The fact t.hat persons wh,D arE:- otherwise qualified for tax
70 exemption, deferriil or freeze IDursiiant to this division are
2
71 residing in hospitals, nursing homes, convalescent hom,S or other
72 facilities for physical or mental care for extended periods of time
73 shall not be construed to mean that the real estate for which tax
74 exemption, deferral or freeze is sought does not continue to be the
75 sole dwelling of such persons durang suc,h extended periods of other
76 residence, so long as such real estate is not used by or leased to
77 others for consideration.
78 Adopted by the Council of the City of Virginia Beach, Virginia
79 on the day of 1994.
80 CA-5330
81 \ORDIN\PROPOSED\35-064.ORD
82 R-2
83 DATE: OCTOBER 18, @L993
7-@
Ar
.$Ui@i i(:1CY i,,
CIT@Y
3
CONSENT AGENDA ITEM 37747
Upon motion by Vice Mayor ';ess()ms, seconded by Councilman Clyburn, City Council ADOPTED.-
Ordinance toACCEPT andAPPROPRL4TE $1,000,000from the United
States Departtnent of liousing and Urban Development (IIUI)) (Section
108 loan funds) to the Department of Housing and Neighborhood
Preservation re housing improvement activities in Seatack, Atlantic Park
and Queen City
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Obernd()rf, Nan(,y K I'arker and rzce Mayor
William D. Sessoms, ir,
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $1,000,000 FROM THE U. S. DEPARTMENT OF
3 HOUSING AND URBAN DEVELOPMENT
4 WHEREAS, the Department of Housing and Urban Development
5 has approved the City's application for $2,000,000 of Section 108
6 loan funds;
7 WHEREAS, the City desires to use such funds to provide
8 housing rehabilitation funding in the Seatack, Atlantic Park, and
9 Queen City neighborhoods;
10 WHEREAS, on September 7, 1993, the City accepted and
11 appropriated $1,ooo,oOO in loan funds from the Department of
12 Housing and Urban Development and authorized execution f notes for
13 a Section lo8 loan in an amount of $1,000,000; and
14 WHEREAS, an additional $1,000,ooo in loan funds is
15 required in order to meet future needs of housing improvement
16 activities in Seatack, Atlantic Park, and Queen City.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That the additional $1,000,000 in loan funds be accepted
20 and appropriated to the Department of Housing and Neighborhood
21 Preservation;
22 That the City Manager is authorized to execute the
23 section 108 Loan Guarantee Promissory Note(s) totalling $2,000,000
24 and the Contract and related documents for this Section 108 loan;
25 and
26 BE IT FURTHER ORDAINED:
27 That revenues from the Federal government be increased by
28 $1,000,000.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the - L day of Febt-tiar@ 1994.
31 CA-5497
32 ORDIN\NONCODE\SEC108.ORD
33 R-1
34 PREPARED: 02/16/94
- 19 -
Item III-L3
CONSENT AGENDA ITEM # 37748
Upon motion by Vice Mayor Sessoms, seconded by (,@ouncilman Clyburn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRL4 TE $60, 000 HOME program
funds from the 5tate Department of Ilousing and Community
Development re local housing rehabilitation program funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and ric-e Mayor
William D. Sessoms, Jr.
Council Members Voting Nay.
Non e
Council Members Absent:
None
February 22, 1994
I ORDINANCE TO ACCEPR AND APPROPRIATE
2 $60,000 IN LOCAL HOUSING REliABILITATION PROGRAM S
3 WHEREAS the City wishes to expand the supply of decent, safe and affordable
4 rental housing for low income persons; and
5 ANEREAS the state has awarded a grant of $60,000 under the Local Rental
6 Rehabilitation Program for this purpose.
7 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
8 OF VIRGINIA BEACH that $60,000 in local rehabilitation funds be appropriated to the
9 Department of Housing and Neighborhood Preservation; and
10 BE IT FURTHER ORDAINED THAT revenue from the Commonwealth be
I Iincreased by $60,000.
12 Adopted by Council of the City of Virginia Beach on the 22nd
1 3day of February 1994.
14 Approved as to Contents: Approved as to Legal Form:
15
16 Andrb@ rector
17 Housing and Neighborhood Preser-vation
- 20 -
e 4
CONSENT AGENDA ITEM # 37749
UPOn -t'on by P"ce May- @essoms, seconded by ('Ouncilman Lantelgne, CitY Council ADOPTED:
Ordi-nce to TR,4NSFER $123,000from CIP 1r(,Ject 2-134 Flanagan's
Lane tO Courthouse LOOP-Phase I (CIP 2-078) re increased site
acquisition, construction of a four-Jan, highway from Princess Anne
Road (Ferrell Parkway) SOuth (2000 fet) and utility relocati()n costs.
Councilman Moss advised this proje,t is shown in the AIIPROV1,D (,II' as a completed project
with - appropriation amount. Councilnan Moss was not aware of the I()Ial amount appropriated versus
the --nt -pended 7he CitY Atto-eY will make a legal determination concerning the appropriation
for this project, the legal expenditures to date and whether or o his $ 23 000 represen an a
contractual obligation on the n I I I , ts lready
part f the City and whether or iiot there was appropriation authority
standing behind that obligati(,n whe, made.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W.
Clybur?4 Rober' K Dean, L,uis R. Jones, Paul J. Lanteigne, John D.
MOSs, MaYor MeY- E Oberndorf Nancy K I'arker and Vice Mayor
William D. 5essoms, ir,
Council Members Voting Nay:
None
Council Members Absent:
None
P'ebruary 22, 1994
AN ORDINANCE TO TRANSFER FUNDS OF $123,000
1 TO PROJECT #2-078 COURTHOUSE LOOP-PHASE 1
2 TO PAY FOR INCREASED SITE ACQUISITION,
3 CONSTRUCTION, AND UTILITY RELOCATION COSTS
4
5 WHEREAS, Project #2 078 Courthouse Loop North-Phase I is for the construction of a four-
6lane divided highway fro- Princess Anne Road (Ferrell Parkway@ south for a distance of approximately
72,000 feet;
r.g road around the Municipal Center
8 WHEREAS, this Project is the first phase of an ultimate n
9and provides acc,ss to the new Judicial Center ;
10 WHEREAS, increased acquisition, landscaping, and Virginia Power relocation costs have
11 resulted in aproject shortfall of s 1 23,000;
12 WHEREAS, the additional amount n,eded may be transferred from substantially completed
13 project # 2-1 34 Flanagan's Lane
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16 Thatfunds in the amount of $1 23,000 are hereby transferred from project #2-134 Flanagan's
17 Lane to project #2-078 Courthouse Loop-Phase I to pay tor increased acquisition, construction, and utility
18 relocations costs.
19 This ordinance shall be effective on the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of
February 1994.
21
APPROVED AO- T,'@)
22 Approved As To Content LEGAL S@FiClEili@
23
24 t
25
- 21 -
Item III-L5.
CONSENT AGENDA ITEM # 37750
Julie Bright, District Manager - rlrginia Dare Soil and Water Coriservatioli District, advised they would
comply with the City's sign ordinance.
Upon motion by Vice Mayor @essona, seconded by Councilman (@lyburn, (@ity Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
rights-of-way of North Landing Road, Blackwater Road and Princess
Anne Road to Virginia Dare Soil and Water Conservation District re
erection of one single-sided and two double-sided identification signs.
7he following conditions shall be required:
1. 77ie owner agrees to remove the encroachmerit when riotifted by the City of Virginia
Beach, al no expense to the City.
2. 77te owner agrees to keep and hold the ('ity free and harmless of any liability as a
result of the encroachment.
3. Express written permission of the adjacent property owners shall be obtained by the
applicant and include to what exient the sigris may partially encroach on said
owners'property. 77iis written lermisviott Yhall be obtained prior to the erecti()n of
any sign.
4. Ile applicant shall provide an approved traffic control plan and obtain a permit
fi,om the Development ;ervices Center prior to ati-v construction within the City'v
right-of-wav.
5. No maintenance or c-onstruction of any eric roachment other than specified and to that
limited extent than agreed to by the applicatit.
6 7he owner agrees to maintain said encroa(hment so as not to become unsightly or
a hazard.
7 Upon revocation of this Permit, the City may remove the encroachment and charge
the cost thereof to the applicant; the City may require the applicant to remove the
encroachment and charge part compensation for use of the City's right-of-way
encroached upon equivalent to applicable real estate property tax upon the land and
impose such penalty as applicable based upon $100 per day for every day the
encroachment is allowed to continue.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera F. Oberndorf and Vice Mayor William D. Sessoms,
ir.
Council Members Voting Nay:
Nancy K Parker
Council Members Absent:
None
February 22, 1994
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHTS-OF-WAY OF NORTH
5 LANDING ROAD, BLACKWATER
6 ROAD, AND PRINCESS ANNE
7 ROAD TO VIRGINIA DARE
8 SOIL AND WATER
9 CONSERVATION DISTRICT,
10 ITS HEIRS, ASSIGNS AND
11 SUCCESSORS IN TITLE
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That pursuant to the authority and to the extent thereof
15 contained in Section 15.1-893, Code of virginia, 1950, as amended,
16 Virginia Dare Soil and Water Conservation District, its heirs,
17 assigns and successors in title is authorized to construct and
18 maintain a temporary encroachment into the rights-of-way of North
19 Landing Road, Blackwater Road, and Princess Anne Road.
20 That the temporary encroachment herein authorized is for
21 the purpose of constructing and maintaining two double-sided and
22 one single-sided identification signs and that said encroachment
23 shall be constructed and maintained in accordance with the City of
24 Virginia Beach Public Works Department's specifications as to size,
25 alignment and location, and further that such temporary
26 encroachment is more particularly described as follows:
27 An area of encroachment into a
28 portion of the City's rights-of-way
29 known as North Landing Road,
30 Blackwater Road, and Princess Anne
31 Road, on the certain plats entitled:
32 I'VA. DARE SWCD LOCATION PLAT NOT TO
33 SCALE SHEET 1 OF 2 8/93,11 and I'VA.
34 DARE SWCD LOCATION - RENDERING SHEET
35 2 OF 2 NOT TO SCALE", copies of
36 which are on file in the Department
37 of Public@ Works and to which
38 reference is made for a more
39 particular description.
40 PROVIDED, HOWEVER, that the temporary encroachment herein
41 authorized shall terminate upon notice by the City of Virginia
42 Beach to any officer of Virginia Dare Soil and Water Conservation
43 District, its heirs, assiqns and successors in title and that
44 within thirty (30) days aftei- such notice is given, said
45 encroachment shall be removed from the city's rights-of-way of
46 North Landing Road, Blackwater Road, and Princess Anne Road and
4 7 that Virginia DarO 20il and Water Cc)ns(?rvation District, its heirs,
48 assigns and successors in title shall b,ar all costs and exp,ns,s
49 of such removal.
50 AND, PROVIDED FURTHER, that it is ,pressly understood
51 and agreed that Virginia Dare Soil and Water Conservation District,
52 its heirs, assigns and successors in title shall ind,,nify and hold
53 harmless the City of Virginia Beach, its agents and employees from
54 and against all claims, damages, losses and expenses including
55 reasc)nable attorney's fees in case it shall be necessary to file or
56 defend an action arising out Of the location or existence of such
57 encroachment.
58 AND, PROVIDED FURTHER, that the party of the second part
59 agrees to maintain said encroachment so as not to become unsightly
60 or a hazard.
61 AND, PROVIDED FURTHER, that this ordinance shall not be
62 in effect until such time that Virginia Dare Soil and Water
63 Conservation District executes an aqreement with the City of
64 Virginia Beach encompassing the aforementioned provisions.
65 Adopted by the council of the City of Virginia Beach,
66 Virginia, on the day of Febl LliirV 94
19
67 01/13/94
68 CBC/tga
69 VADARE.ORD
2
THIS AGREEMENT, made this day of
i 9 A-7- by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the f irst part, and
SOIL AND WATER CONSERVATION DISTRICT, a 10cali
VIRGINIA DARE i
government agency, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND 11
the second part, GRANTEE.
SUCCESSORS IN TITLE, party Of
w !L E-S 5--E T Ii:
party Of the
That, WHEREAS, it is proposed by the i
second part to construct and maintain two double-sided and one
single-sided identification signs in the CitY Of Virginia Beach;
and constructing and maintaining such
WHEREAS, in
identification signs, it is necessary that the said party Of the
f-
to a portion of existing city rights-0
second part encroach in
way known as North Landing Road, Blackwater Road, and Princess
ty of the second part has requested thatI
Anne Road; and said par part grant a temporary encroachment to
the party Of the f irst ty,s rights-of-
facilitate such signs within a portion of the Ci
way known as North Landing Road, Blackwater Road, and Princess
Anne Road. and in consideration of the
NOW, THEREFORE, for
nefits accruing or to accrue to the party
premises and of the be
'deration of one
of the Second part and for the further consi ty of the f irst
Dollar ($1.00), in hand paid, to the said par
i, hereby acknowledged, the party of the
part, receipt of which
to the party of the second part a temp<)rary
first part doth cjrant
NO GPIN - CITY RIGHT OF WAY
encroachment to use a portion of the city's rights-of-way known
as North Landing Road, Blackwater Road, and Princess Anne Road
for the purpose of constructing and maintaininq such
identification signs.
it is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's rights-of-way known as North
Landing Road Blackwater Road, and Princess
Anne Road a@ shown on those certain plats
entitled: I'VA. DARE SWCD LOCATION PLAT NOT
TO SCALE SHEET I OF 2 8/93,11 and I'VA. DARE
SWCD LOCATION - RENDERING SHEET 2 OF 2 NOT
TO SCALE", copies of which are attached
hereto as Exhibit "A", Exhibit "B", and
Exhibit "C", and to which reference is made
for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's aforementioned rights-of-way by the party of the second
part; and that the party of the second part shall bear all costs
and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
CitY Of Virginia Beach, its agents and employees, from and
ding
against all cllims, damages, losses and expenses inclu
reasonable atto,ney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part shall obtain the express written
permission of the adjacent property owners at the locations
specified in the aforesaid exhibits. Said owners shall be
informed that the proposed siqns may partially encroach upon
their property in order to maintain the distances specified in
the aforesaid exhibits. Copies of this permission shall be
submitted to the party of the first part prior to any permits
being issued for the erection of the proposed signs.
3
it is further expressly understood and agreed that the
ic
party of the second part must submit and have approved a traff
control Plan before commencing work in the City's right-of-way-
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachinent and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
4
IN WITNESS WHEREOF, the said Virginia Dare Soil and
Water Conservation District has caused this Agreement to be
executed by Lyle Pugh, its District Chairman, with due authority
of its elected body. Further, that the City of virginia Beach
has caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and
attested by its City Clerk.
-0 CONTENT CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Nanager
(SEAL)
ATTEST:
City Cl
VIRGINIA DARE SOIL AND WATER
CONSERVATION DISTRICT, a local
government agency
By
District ChairTnan
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I , a Notary
Public in and for the City and State aforesaid, do hereby certify1
that CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
5
bearing date on th, - day of I 19-, has
acknowledged the ,,e before me in mY City and State aforesaid.
GIVEN under my hand this
day of
19-.
0 ary Public
MY COmmission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the- day of
19 -, has acknowledged the
same before me in mY City and State aforesaid.
GIVEN under mY hand this day of
19
otary Public
My COmmission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH. to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
Lyle Pugh, District Chairman, on behalf Of VIRGINIA DARE SOIL AND
WATER CONSERVATION DISTRICT, whose name is signed to the
6
foregoing writing, bearing date the day of
199-@, has acknowledged the same before
me in my City and State aforesaid.
Given under my hand this day of
lgq3
C(-
Notary Public
My Commission Expires: gq
7
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- 22 -
Item Ill-L6.
CONSENT AGENDA ITEM # 37751
Upon motion by Vice Mayor Sessoms, seconded by C()uncilman Lanteigne, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $3,572.71 upon
application of certain persons and upon Certification of the
Commissioner of the Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert Y- Dean, Louis R. Jones, Paul J. Lanteigne, John D,
Moss, Mayor Meyera I,. Oberndorf Nancy K Parker and flice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
.0 C'@ 8
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVEIGUE
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
A]-Del Enterprises Tnc. 19@) 3 Allii' )8 21,6. C)8
T/A Haircrafters/Edie Adim@ (li@ & -,Irl
P.O. Box 8985
Virqinia Beach, VA 23450
Holt, Patti R., President Audi, .1@3 126. (I
Holt @inderwriters Inc.
2445 Bayview Avenue
I/irqinia Reach, VA 23455
Moody-Johnson, Veroni.ca 1 )-):,-9 Ajdii 11.7(
1142 Masters Row
(-hesa@,eake, VA 23320
Cert tied as to Payment
I
Robert P Vaugha@
-omm,ss oner of We Revenue
4,;D;Droved as to form
Lesise'L Lilley
ty Attor,)ey
This ordinance shall be effective from @ate of
adoption.
The above abatement(s) totaiing 3-')4 - 7 were approved by the Council
Febi )4
of the City of Virginia Beach on the cay of 19
Ruth Hodges Smith
City Clerk
FOR. .0 C.@ 8 RE,
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVE*JE
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
Terry, Kathv A. I 93 Aud't
T,/A High Shine Prf Hou-@e
3940 Indian River Road
Virginia Beach, VA 23456
Thomas, Dorsey, Jr. Audit C) 7 O(, 2 7 . 00
T/A Dorseys Paintinq Coltr,,(-,,,
813 Shields Road
NewQort News, VA 23602
Thorp Cons@er Discount CO.
P.O. Box 9394 I'@)92 93 Audit '@21.84 921.84
Minneapolis, 14N 55440
Attn: Muriel Devries, Le al :ji@it.
Virginia Beach Life Care (-orl.
T/A Heritage Hall-virgini
2965 Colonnade Drive S-21)0 o@ Audit 1,928.Hc)
Rc,anoke, VA 24018 Cert fied as to Payment
Robert P I gla
, @, ,f @
Comm ss , R,@e,,@
A@Droved as to form
L:es ire L L @ey
C tv Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaiing I 24 were api)roved bv the Council
Febrii@irv 19
of the City of Virginia Beach on the day of
Ruth Hodges Smith
City Clerk
- 23 -
Item III-L 7.
CONSENT AGENDA ITEM # 37752
UPon motion by ;-ice Mayor @Sesvoms, seconded by Councilman Lanteigne, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $2,210.37 upon
application of certain persons and upon Certification of the City
Treasurer.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Brancl4 III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessomv, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
21 1 i 94 EMC
ORM N-. C.-. 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 E.onera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
George W & Jennie Elliott 94 RE(1/2) 34316-:@) 121 3/ 93 28.50
Dimitries Papadopoulos et al 94 RE(1/2) 88964-6 12/5/93 168.01
Leslie I & Terezinha Richmond 94 RE(1/2) 097777-4 12/5/93 52.04
Aldo & Niki Sardot 94 RE(1/2) 102595-@ 12/5/93 14.25
Aldo & Niki Sardot 94 RE(1/2) 102596-' 121 5/ 93 28.50
Harrison E Gassagher 94 RE(1/2) 60017-2 12/5/93 14.25
Principal Mutual Life Ins Co 94 RE(1/2) 104612--@ 12 / 5/ 93 171.00
Edwin C Kellam Jr Trust 94 RE(1/2) 62100-6 11/24/93 14.25
Edwin C Kellam Jr Trust 94 RE(1/2) 62101-5 11/24/93 14.25
Edwin C Kellam Jr Trust 94 RE(1/2) 62 102 - 4 11/24/93 28.50
Edwin C Kellam Jr Trust ';4 RE(1/2) @,2103-3 11/24/93 57.00
Edwin C Kellam Jr Trust c,4 RE(1/2) 62109-7 11/24/93 28.50
Louvenia Wynn @4 RE(1/2) 128144-1 12/5/93 28. 50
Mohamad Yazdi '-4 RE(1/2) i3O791-@, 11/29/93 32 9 .46
Alvis M Oliver @4 RE(1/2) e'8473-6 12/5/93 111.65
Maude B Jones c. 3 RE(1/2) 5 67 2 - 4 12 /4/ 92 33. 49
Martin L & Trudy Waranch c@3 RE(1/2) 122012-6 Ii/12/93 48.93
Martin L & Trudy Waranch RE(2/2) 12"012-t 2 / 3/ 93 48 . 9 3
Steven B & Sydney Leichter RE(1/2) 676'13-5 12/5/92 408.75
Steven B & Sydney Leichter RE ( 21 2 ) e7j-13-5 5"30/93 408.75
E H Lawrence (41 RE(1/2) C,545'-6 L2/5/90 24.15
E H Lawrence (4 1 RE(2/2) 6 54 52- 6 6'5/91 24.15
E H Lawrence RE(1/2' 641@11-1 12/5/89 20 . 32
E H Lawrence RE(2/2) e4311-1 5 /90 20. 32
E H Lawrence 119 RE(1/2)j e3335-8 le'/5/88 5.48
E H Lawrence 14 RE(2/2) e3"3@-8 t@)/5/89 16 . 44
Anna M Hastings N" A Pkng 424307 12/13/93 50.00
Lucy Olheiser (44 Dog '12171 121 9/ 93 2.00
Lucy Olheiser 94 Dog 12172 121 9/ 93 2.00
Ronald Greenwell @4 Dog 9@,77 11111/94 8.00
Total 2,210.37
This ordinance shall be effective from date of adoption.
The abo@@,@M!ggnt(s) totaling to payrrent@
were approved by
the Council of the City of Virginia
Beach on the 22-day of f"cl)llt@ir v 1994
inson, Treasurer
to form:
Ruth Hodges Smith
City Clerk
[,,,-,!,e L liev City@,-ney
- 24 -
Item 111-J.
PUBLIC HEARING ITEM # 37753
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on.
PLANNING
(a) GP,4YSON M. WHITEHURST CONDITIONAL USE PERMIT
(b) ST. GREGORY THE GRE4T CHURCH CONDITIONAL USE PERMIT
(c) CHES,4PEAKE BAY ACADEMY CONDITIONAL USE PERMIT
(d) OLYMPL4 DEVELOPMENT CORPORATION CONDITIONAL USE PERMIT
(e) TIDEWATER IMPORTS INC, TIA IL4LL HONDA CONDITIONAL USE PERMIT
(f) MARL4N MANOR, INC. CIL4NGE OF ZONING
CONDITIONAL USE PERMIT
(g) SEVELL4 WHITEHURST KING, WILLIE MASON, CIL4NGE OF ZONING
VERNON AL4SON AND VOIGHT WHITEHURST
(h) PLEASANT ACRES, LTD. RECONSIDERA77ON OF
PROFFERS
February 22, 1994
- 25 -
Item III-.Ll.a.
PUBLIC HFARING ITEM # 37754
PLANNING
Attorney Richard K Stell, 219 66th Street, Phone: 428-5824, represetited the applicant
John Baillio, 221 66th Street, Ihone: 428-3302
Upon motion by Councibnan Brazier, seconded by Vice Mayor Sessonw, City Council ADOPTED an
Ordinance upon application of GR,4YSON M. WHITEHURST, JR., for a Conditional Use Permit:
ORDINANCE UPONAPI'LICATION 01, GRAYSON M 9711TEIIURST,
JR, FOR A CONDITIONAL USE Pi,,RMI7- ]"OR A BORROW lI7'
(landfill) R012941876
BE IT HEREBY ORDAINF.D BY 7711.'COUNCIL OI,@ C17Y OF VIR(,INLI BF-4CH, VIRGINL4
Ordinance upon application of Grayson M. Whilehurst, Jr., for a
Conditional Use Permit for a borrow pit (landfill) on certain property
located on the east side of Oceana Boulevard, 1000 feet more or less
south of Norfolk & Southern Railroad Right-of-way. ,;aid parcel
contains 45 acres. LYAINIL4VFN BOI?OU(;IL
7he following conditions, as amended, shall be required:
1. ii pe?77:it fi m,, ihe ;'b-ghsia )jlafe; @t,ii o! A@at d ifi i equit ed t&
aYschaige a,ty wafe; fici,. deopair,h,g e,
2. 2!f the iit7.e, of detailed site plai, ievic@v, vvf,iffers tIelifictItiolt
fiant the !;j,ty Co;ps of b.gii,eei@ siati)tg tvhethei oi ,ot a
pei7fAit is i equh ed, w;d rf so,, thaf ii has be@?t g? a),ted, @vill -bt
3. All conditions proffered by the applicant oii the subtnitted site
plan and accompanying documeiits sliall I)e OI)plicable.
4. 7here will be no plan approval or landfill activity permitted on
the subject site without the approval of City Inspections. It
appears that information needed to perform a final inspection
on the pit has not been submitted to the (,'ity.
5. Only inert, non -toxic materials, not to iriclude w(,Y)d or organic
materials, shall be deposited on this sit,,.
6 If at any time, the disposal site presentv a potential hazard to
aircraft operations, the owner shall take action to correct the
situation or terminate operation of the fat ilit@,
7he Ordinance shall be effective in accordance with @ection 107 U) of the Zoning Ordinance.
Adopted by the Council of the City of rzrginia Reach, flirgiriia, on the Tweniy-second of Februaa,
Nineteen Hundred and Ninety-l,'our.
February 22, 1994
- 26 -
PUBLIC HEARING ITEM # 37754 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye.-
John A. Bawn, Linwood 0. Branck III, James W I@razier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigrie, John D.
Moss, Mayor Meyera E. Oberndorf, Ivancy K Iarker and rice Mayor
William D. 5evsoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non e
February 22, 1994
- 27 -
Item III-.Ll.b.
PUBLIC HFARING ITEM # 37755
PL,4NNING
Tom McAndrews, member of the Parish, represented the applicant.
Upon motion by Councibnan J()nes, seconded by Vice Mayor Sessoms, City Council ADOPTED the
Ordinance upon application of ST. GPXGORY THE GREAT CHURCII for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF Sl-. GREGORY IIIE GRE.4T
CHURCH FOR A CONDITIONAL USF Pl,,RMI7' FOR A CIIURCH
ADDITION R02941877
BE [THEREBY ORDAINED BY TIIP,' COUNCIL OF 'FIIE CITY 01@' 117R(,INIA BEACII, VIRCINL4
Ordinance upon application of 5t. (;regory the (,reat Church for a
Conditional Use Permit for a church addition on the south side of
Virginia Beach Boulevard, west of Clearfield Avenue. @aid parcel is
located at 5345 Virginia Beach Boulevard aitd (-ontaiiis 16.3 acres.
BAYSIDE BOROIJ(I'IL
Ihe Ordinance shall be effective in accordance with Section 107 Y) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Firginia, (@ri the Twenty-second of Februaa,
Nineteen H14ndred and Ninety-Fc)u-r-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Ilarker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
28 -
PUBLIC HEARING ITEM # 37756
PL,4NNING
Alan Rashkinc4 Secretary - Chesapeake Bay Academy, 401 Wolfs Neck Trail, represented the applicant
Upon motion by Councilman Jones, seconded by Council Lady I'arker, City Couneil ADOPTED an
Ordinance upon application of CHESAPEAKE BAY ACADEMY ff)r a (@oriditional Use Per),nit:
ORDINANCE UPONAPPLICATION OF CIIESAPFAKE BAYACADEMY
FOR A CONDITI(,)NAL USF PERMII' FOR A I'RTVATI,' ,;CHOOL
R02941878
BE IT HEREBY ORDAINED BY TIIP COUNCII, OF TIII- CITY OF 117R(,'INIA BFACH, 1,7RCINL4
Ordinance upon applkation of Chesapeake Bay Academy for a
Conditional Use Permit f()r a private school ori the west side of Baker
Road, north of Lake Edward Drive. ;aid parcel is I()cated al 715 Baker
Road and contains 4 acres. BAYSIDE BOROU(;IL
7he Ordinance shall be effective in accordance with 5ection 107 U) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, rzrginia, on the Twenty-second o
a
Nineteen Hundred and e -l"oui:.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, flaul J. Lanteigtie, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and @ice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
- 29 -
e d
PUBLIC HEARING ITEM # 37756
PLAAINING
Patrick Gill Reflections I, Phone: 463-3600, represented the applicant
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of OLYMPL4 DEVELOPMENT CORPOR,4TION for a Conditional Use
Permit:
ORDINANCL UPON APPLICATION Of,' OLYMIIIA 1)], VELOPMENT
CORPOR,4TION FOR A CONDITIONAL U,5E I'PRMII' FOR AN
EATING ESTABLISHMENT (DELI) R02941879
BE IT HEREBY ORDAINFI) BY 7HE COUNCII OF TIII,, CIIY OI, VIRCINLI BEACII VIRGINLI
Ordinance upon application of Olympia Development Corporation for a
Conditional use Permit for an eating establishment (deli) on the south
side of Cleveland @ireet at its eastern terminus. @id parcel is located al
5701 Cleveland,;treet and contains 4.9046 acres. I@,IY,';IDE BOROUGH.
77ie Ordinance shall be effective in accordance with Sectiort 707 (t) of the Z()nifig Ordinance.
Adopted by the Council of the City of Virginia Bea(-h, lirginia, on the
Nineteen Hundred a Nine -Four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Latiteigne, John D.
Moss, Mayor Meyera F. Oberndorf, Naticy K. I)arker and Vice Mayor
William D. @evsoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
- 30 -
e
PUBLIC HFARING ITEM # 37757
PLANNING
Billy Garrington, 471 Southside Road, represented the applicant
Upon motion by Councibnan Brazier, seconded by Vice Mayor @essoms, City Council ADOPTED an
Ordi-nce upon application of TIDEWATER IMPORTS INC., TIA HALL HONDA for a Con&tional
Use Permit:
ORDINANCL UPON APPLICATION OF YIDFWA7ER IMPORYS INC,
TIA lblLL HONDA FOR A CONDITIONAL U,';I,, IIFRMI7'FOR MOTOR
VEHICLE R02941880
BE IT HEREBY ORDAINFD BY I'IIF COUNCII, OF TII@' (@'I7y Of@@ VIR(,INIA BEACH, VIRGINL4
Ordinanace upon application of Tidewater Imports Itic, TIA ]fall Honda
for a Conditional Use Permit for motor vehicle sales al the northeast
corner of Virginia Beach Boulevard and Malibu Drive. Said parcel is
located al 3516 rtrginia Beach Boulevard aild C-ontairis 7.371 acres.
LYNNHAVEN BOROUGII.
7he following conditions shall be required:
1. No outdoor paging system will be allowed
2. Lighting shall be directed inward so as riot to spill over orito
adjacent properties.
3. 77ie hours of operation will be frotn 9 AM to 9 IM.
4. No additional servicelrepair areas will I)e coiistructed as a
result of this request.
7he Ordinance shall be effective in accordance with Secti()n 107 U) of the Zonifig Ordinance.
Adopted by the Council of the City of Virginia Beach, rirginia, on the 7wenty-second of Februaa,
Nineteen Hundred and in o@ur.
February 22, 1994
- 31 -
PUBLIC HEARING ITEM # 37757 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Paul J. Lanteigne, John 1). Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Price Mayor William D,
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones, ./r.
Council Members Absent.-
Non e
Councilman Jones ABSTAINED as he owns property diagorially across the street.
February 22, 1994
32 -
PUBLIC HEARING ITEM # 37758
PLANNING
Atto-eY R. Edward Bourdon, pembroke One, Fifth 1,7o(,r, hoi,e: 499-8971, represented the applicant
UPOn -tion by Councibnan Jones, seconded by rice MaYOr Sessoins, City Council ADOPTED an
Ordinance upon application of JAMES S. CONWAY for a Change of Zoning District Classification:
ORDINANCE UPON APPLICA 77ON OF JAME,@ @ COARWA Y F, OR A
CHANGE OF ZONINC, DISTRICT CIA.@SIFI(,A l'ION FROM A - 12 to
B-2 Z02941415
BE IT HEREBY ORDAINED BY THT, COUNCII, OF 7'IITL' CII Y OI,' VIR(,INIA BE11CH IIIRGINIA
Ordinance upon application of James S Conway for a Change of Zoning
District Classification fi-om A-12 Apartinent District to B-2 Community
Business District on certain property located 240 feet north of Vrginia
Beach Boulevard beginning al a point 496.34 feet west of North
WitchduckRoad 7heproposedzoningclassification changetoB-2isfor
commercial land use. 7he Comprehensive Plan recommends use of this
parcel for retaillservice use in accordance with other Plan policien. Said
parcel contains 1.113 acres. BAYSIDfi' BOI?OU(;Il
7he Ordinance shall be effective in accordance with @ection 107 (O of fhe Zoriing Ordinance.
Adopted by the Council of the City of Virginia Beach, rirgiriia, oti the
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert W
Clyburn, Robert Y- Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera F. Oberndorf, Nancy K I'arkcr and Ilice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non c
February 22, 1994
33 -
PUBLIC HEARING ITEM # 37759
PLANNING
Phyllis Millette, 924 Cardinal Road, Phone: 428-2267, President ()f the Board of Directors of Marian
Manor.
Upon motion by Councibnan Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinances upon application of N MANOR, INC. for a (-'halige of Zoning and Conditional Use
Permit:
ORDINANCE UPON APPLICATION 01, AL4RIAN 1,L4NOR, INC FOR
A CHANGE OF ZONING D15TRICT CI-4,@.5[FICAI'ION FROM I-I 10
0-2 Z02941416
BE IT HEREBY ORDAINED BY TIIP@'COUNCIL OF TIII,,CIIY OF VIRCINIA BFACH, VIRGINLI
Ordinance upon application of Marian Manor, Iilc. for a Change of
Zoning District Classification from I-I l,ighl Iridustrial District to 0-2
Office District on properly located 1460 feet more or less south of
Virginia Beach Boulevard, 350 feet west of Clearfield Avenue. 'Ihe
proposed zoning classification change to office is for office land use. Ihe
Comprehensive Plan recommends use of this parcel for BusinessIResearch
Center al densities that are compatible with single-family use in
accordance with other Plan policies. Said parcel is located at 8345
Marian lane and contains 28,511 square feet. IIAYSIDE BOROU(;Il-
AND,
ORDINANCL UPON APPLICATION Op M41?IAN AMNOR, INC. FOR
A CONDITIONAL USE PERMI7' IOR A HOMP FOR IHI, ACED
(EXPANSION FOR AN ACTIVI7Y CPNI'FR) R02941881
BE fr HEREBY ORDAINED BYflIE COUNCIL 01,' IHF Cl'fY OF l,7R(,INIA BEACH, VIRGINL4
Ordinance upori application of Marian Manor, Ific- for a Conditional Use
Permit for a home for the aged (expansion for an activity center) on
property located 1460 feet more or less south of rtrginia Beach
Boulevard, 350 feet west of Clearfield Avenue. @aid parcel is located at
5345 Marian Lane and contaiti.@ 28,511 v(luare feet IIAYSIDE
BOROUC,H
7-he following conditions shall be required:
1. Interior lot lines will be vacated to ensure that the proposed
activity center and the adult home are located ori one parcel.
2. A Stormwater Management Plan will bc required during site
plan revit,w.
3. 7he applicant will work with staff during detailed site plait
review to identify frees that can be preserved and to outline
methods, to protect these trees.
February 22, 1994
- 34 -
te
PUBLIC HEARING ITEM # 37759 (Continued)
PLANNING
ihese Ordinances shall be effective in accordance with ,;ecti,,,, 107 U) (@f the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, lirginia, on the w n - b a
e n EO-u r
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
35 -
ORDINANCESIRESOLUTIONS ITEM # 37760
phyllis millette, 924 Cardinal Road, Phone: 428-2267, Ilresiderit of tlie Board of Directors of Marian
Manor.
Upon motion by Councilman Jones, seconded by Vice Mayor 5essom, City Council ADOPTED:
Resolution to approve issuance of Revenue Refunding Bonds by the
Development Authority to Marian Manor, Iiic. in an amount not to
exceed $9,000,000 to REFUND bondv previously i,@su(!d I)y the Authority
in 1988 to finance the acquisition, construction and equipping of a
residential facility for the aged al 5345 Marian i,aite; and, finance
certain improvements to the facility, pursuant to Sectiott 15.1-1378.1 of
the Code of Virginia of 1950, as amended, wilh respect to the issuance
of the Bonds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancli, III, James W. lirazier, Jr., I?obert W.
Clyburn, Robert K Dean, Louis R. Jones, Iaul J. f,attleigne, John D.
Moss, Mayor Meyera E. Oberndorf, Naiicy K. Iarker and @ice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay
None
Council Members Absent:
None
February 22, 1994
1
2 A RESOLUTION APPROVING ISSUANCE OF
THE DEVELOPMENT AUTHORITY'S REVENUE
3 MANOR,
4 REFUNDING BONDS FOR MARIAN
5 INC.
6 WHEREAS, the City of Virginia Beach Development Authority
7 (the "Authority") has considered the application of Marian Manor,
8 Inc. ("Marian Manor") requesting the issuance of the AUthority's
9 revenue refunding bonds in an amount estimated at not to exceed
10 $9,00o,ooo (the "Bonds-') to (1) refund bonds previously issued by
11 the Authority in 1988 to finance the acquisition, construction, and
12 equipping of a residential facility for the aged (the "FacilitY")
13 located at 5345 Marian Lane in the City of Virginia Beach,
14 virginia, and (2) finance certain irnprovements to the Facility, and
15 has held a public hearing thereon on February 15, 1994;
16 WHEREAS, the Authority has requested that the city Council
17 (the "Council") of Virginia Beach, Virginia (the "City") approve
18 the issuance of the Bonds to comply with Section 147(b) of the
19 Internal Revenue Code of 1986, as amended (the "Code"); and
20 WHEREAS, a copy of the Authority's resolution approving
21 the issuance of the Bonds, and a reasonably detailed summary Of the
22 comments expressed at the public hearinq, if any, have been filed
23 with the Council;
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 1. The council approves the issuance of the Bonds by
27 the Authority for the benefit of Marian Manor, to the extent of and
28 as required by Section 147(b) of the Code, to permit the Authority
29 to issue bonds for the purposes set forth above.
30 2. The approval of the issuance of the Bonds, as
31 required by Section 147(b) of the Code, does not constitute an
32 endorsement of the Bonds or the creditworthiness of Marian Manor.
33 Pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as
34 amended, the Bonds shall provide that neither the City nor the
3 5 Authc)rity shall be obligated to pay the Bonds or the interest
36 thereon or other costs incident thereto except from the revenues
37 and moneys pledged therefore, and neither the faith or credit nor
38 the taxing power of the commonwealth of Virginia, the city, nor the
39 Authority shall be pledged thereto.
40 3. This Resolution shall take effect immediately upon
41 its adoption.
42 Adopted by the council of the City of virginia Beach,
43 Virginia, on the 21 day of FebiuLirv 1994.
44 CA-5499
45 ORDIN\NONCODE\MARIAN.RES
46 R-1 VE[) AS TO
4 7 PREPARED: 02/16/94 @L S
2
36 -
t
pUBLJC HEARING ITEM # 37761
PL4NNING
Attorney Bill BischOff, 1608 Ray Way, phone: 426-7147, represented the applicant
Upon motion by Councilman Jones, seconded by rice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application Of SEVELLA WHITEHURST KING, WILLIE MASON, YERNON AFASON
AND voIGHT WHITEHURST for a Change of Zotiing District ('Iassification@
ORDINANCE UPON APPIICATION OF 5EVL',IA WHITEIIURS"
K[NG, g7LLIE MASON & VOIGHT WHITEIIURSI' FOR A CHANGE
OF ZONING I)I@STR[CT Cl-4SSIFICATION L@-ROM R-15 to R-10
Z02941417
I Ty V l L4 BE,4 1,7 L4
BE IT HEREBY ORDAINED BY TI F COUNCIL OF THF CI OF IR(N CH, RGIN
Ordinance upon application of Sevella Whitehurst King, Willie Mason,
Vernon Mason & Voight taitehurst for a (,hatige of Zoning District
Classification from R-15 Residential District to R- 10 Residential District
on certain property located at the northeast cor)t(@r of Reedtown Road
and Mason Street. ihe proposed zoning classification chatige t() R-10 is
for single family residential land use at a density no greater than 3
dwelling units per acre. 7he Co-prehensive Plan recommends use of this
parcel for Suburban Low Density Residential at densities that are
compatible with single-family use irt accordance with other Plan policies.
Said parcel contains 2,42 acres. BAYSII)E BOROU(;H
7his Ordinance shall be effective in accordance with Sectiori 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, rirgiiiia, on the fesec nd o Feb-a
Nin te n ndre and N@ne @our
Voting: 9-2
Council Members Voting Aye:
John A. Baum, l,inwood 0. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Latiteigne, Joht, D. Moss, Mayor
Meyera E. Oberndolf and Vzce Mayor William 1). Sessoms, Jr.
Council Members Voting Nay:
Robert IC I)ean and Nancy K Parker
council Members Absent:
None
February 22, 1994
37 -
PUBLIC HE4RING ITEM # 37762
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant
Upon motion by Councibnan Dean, seconded by Vice Mayor @essolm, City Council MODIFIED the
PROFFERS in the May 12, 1992, approved Application of PLEASANT ACPES, LTD, and recorded
agreement for changes of zoning at 2653 Holland Road (PRIN(.'P,'SS ANNE BOROUGH)
ORDINANCE UPON APPLICATION OF I'LEASANI@ ACRE5, LTD., A
VIRGINLI CORPORATION AND RIVER WALK DE VEIOPMEN7" INC,
A DEI-4WARE CORPORATION, FOR A CONDI7IONAL ZONING
CLASSIFICATION FROM AG- I to R- 7 5 Z05921349
Ordinance upon application of Pleasant Acres, Lid., a rlrginia
Corporation, and River Walk Development, Inc., a Delaware
Corporation, for a Conditiortal Zoning Classification fr(im AG-1
Agricultural District to R-7.5 Resideniial District ()n certairi properly
located 600 feet south of IIolland Road beginnitig at a poirit 550 feet
more or less west of Christopher Fartns I)rive. ]he proposed zoning
classification change is for residential land use. The Coinprehensive Plan
recommends use of this parcel for residential development at a density no
greater than 3 dwelling units per acre. @id par@,el c ontairis 46.59 acres.
PRINCESS ANNI,,BOROUCII
A N D,
ORDINANCE UPON AI'PLICATION ()I,'],LEA,"NT ACRE@@, LTD., A
117RGINLI CORI'ORA TION AND RIVER WALK DE@LOPML@ N]', INC.,
A DELAWARE CORPORATION, FOR A CONDITIONAL ZONING
CLAS@5IFICATION FROM AG-1 to R- 75 Z05921349
Ordinance upon application of Pleasant Acres, Lid., a Virginia
Corporation, and River Walk Development, Inc., a Delaware
Corporation, for a Conditional Zoning Classification from AG-1
Agricultural District tf) R-75 Residential District on c'ertain property
located 600 feet south of Ilolland Road beginning a point 2200 feet more
or less west of Christopher Farms Drive. Ihe proposed zoning
classification change is for residential land use. Ihe Comprehensive Plan
recommends use of this parcel for residential develol)men t al a density no
greater than 3 dwelling units per acre. .5aid parcel contains 3.34 acres.
PRINCESS ANNP, BOROU(,H.
77ie proffers shall be modified as follows:
1. 7he total number of dwelling units on the property shall he
decreased from 153 to 736
2. Minimum lot size shall be increased from 1-,500 square feet to
10,000 square feet.
3. Property shall be dedicated for the widening of Iloiland Road
and the extension of London Bridge Road, as shown on the
Preliminary Plan. Appropriate landscaping will be planted
adjacent to the above-identified roadways.
4. Tennis courts and passive open space areas shall be substituted
in lieu of a community clubhouse.
5. Alnended Proffer agreement shall be recorded with the Clerk of
the Circuit (ourt and is hereby made a part of the record.
February 22, 1994
- 38 -
PUBLIC HEARING ITEM # 37762 ((@otitinued)
PL,4NNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Latiteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 22, 1994
CITY OF N'IRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To our File No. CA-3867
DATE: February 15, 1994
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress@ DEPT: City Attorney
RE: Pleasant Acres, Ltd. - Amendment of Proffer Agreement
The enclosed Amendment of Proffer Agreement is acceptable as
to legal form.
In proffer number 2, the applicant has agreed to certain
dedications for road improvements. Pursuant to State law, the
City cannot accept such dedications unless the proposed
improvements have been programmed in the City's 5-year C.I.P. The
Agreement provides that if the improvements are not in the 5-year
C.I.P. at the time of subdivision recordation, the applicant will
enter into an agreement, acceptable to the City Attorney, to assure
the dedication of the property at such time as the improvements are
included in the 5-year C.I.P. Such provision provides the City
with the means to compel dedication at such time as the property is
needed.
GLF/lmt
Enclosure
AMENDMENT OF COVENKNTS,
RESTRICTIONS AND CONDITIONS
PROFFERED TO THE CITY OF
VIRGINIA BEACH
THIS AMENDMENT OF PROFFER AGREEMENT, made this 3rd day of
December, 1993 by and between PLEASANT ACRES, LTD., a Virginia
corporation, ("Pleasant Acres") owner of the Property described in
the agreement hereinafter mentioned, Grantor and Clark Whitehill
Company, a Virginia general par-tnership, ("Clark Whitehill") which
has contracted to purchase the Property, Grantor and the City of
Virginia Beach, a municipal corporation of the Commonwealth of
Virginia (the "City"), Grantee.
WITNESSETH:
That, Whereas, Pleasant Acres and the City have heretofore
entered into a certain Proffer Agreement, dated March 23, 1992,
and recorded in the City Office of the Clerk of the Circuit Court
of the City of virginia Beach, Virginia, in Deed Book 3088, at
page 418 (the "Agreement"); and
Whereas, Pleasant Acres owns the Property described in said
Agreement, except that it has sold a portion thereof to the School
Board of the City of Virginia Beach, virginia; -and
Whereas, Pleasant Acres has contracted to sell the balance of
said Property to Clark Whitehill; and
Whereas, both of the Grantors desire that the Agreement be
amended in certain respects as hereinafter set forth; and
Whereas, the City is in agreement that the Agreement be so
amended;
Now, Therefore, for and in consideration of the mutual
covenants herein set forth, the receipt and sufficiency of which
are-hereby acknowledged by the parties, the parties hereto do
hereby covenant and agree, and amend the Agreement as follows:
1. Paragraph numbered 2 of the Agreement is changed to read
as follows:
Development of the Property shall be substantially in
accordance with the accompanying preliminary plan
entitled "Preliminary subdivision Plan for Christopher
Farms Phase III", dated December 1, 1992, and made by
Talbot Group, hereinafter the Preliminary Plan.
2. Paragraph numbered 3 of the Agreement is changed to read
as follows:
Pleasant Acres, at the time of the recording of the
approved Subdivision plat, shall dedicate to the Grantee
property for the widening of Holland Road and for the
extension of London Bridge Road, generally as shown on
the Preliminary Plan, to facilitate Grantee's
contemplated future improvement of those roads, and, to
minimize the effect of the roads upon the remaining
residential property, Pleasant Acres shall construct
landscaping (category VI) improvements along the lines
of the residential lots adjacent to @ndon Bridge Road,
and landscaping along the residential lot lines adjacent
to Holland Road identical with the landscaping currently
in place in Christopher Farms, Phases I and II, along
the line of residential lot lines adjacent to Holland
Road. As part of these landscaping measures, the
existing stand of trees along Holland Road will be
preserved and protected to the maximum practical extent,
except where crossed by street, canal or other
improvements.
-2-
In the event that the improvements to Holland Road and/
or London Bridge Road are not included in the City's 5
year Capital Improvement Program (CIP) at the time of
subdivision recordation, the Grantor will enter into an
agreement, in form acceptable to the City Attorney, to
assure that the dedications will be made at such time as
either or both projects are included in the CIP.
Nothing herein shall be construed as preventing the City
from accepting these dedications for road widening if,
at the time of subdivision approval, the City determines
that the need for such dedications is substantially
generated by the proposed development.
3. Subparagraphs a and b under paragraph 4 of the Agreement
are changed to read as follows:
a. Two hard-surfaced, fenced, recjulation tennis courts.
b. Three landscaped passive open space areas as shown on the
Preliminary Plan.
4. Subparagraph numbered 5b is changed to provide minimum
square footage of houses as follows:
- 1800 square feet for one-story homes
- 2000 square feet for two-story homes
- 2100 square feet for single story homes having a
finished and heated room over the garage
Subparagraphs numbered 5c, 5d and 5e are hereby deleted.
5. A new paragraph numbered 6 is hereby added, providing as
follows:
i' tion
A homeowners assoc a with mandatory membership and
assessments for maintenance of common areas, will be
formed by the developer of the property, and the
association will maintain the common areas.
6. All of the other provisions of the Agreement shall remain
in full force and effect other than as mc>dified hereby.
-3-
WITNESS the following signatures:
PLEASANT ACRES, LTD.
B Y:' @ 9,/,,rj , @ -
@BERT T. TAYLOR,/.PREsIDE T
CLARK WHITEHILL COMPANY, a virginia
general partnership
BY:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
oregoing instrument was acknowledged before me this
i 6Tt;,fay f January, 1994, by Robert T. Taylor, President of
Pf@asant icres, Ltd.
NOT.kRY PUBLIC
My term of office expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
.V.57,V day of January, 1994 by Nancy L. Clark, President of
Barry D. Clark, Inc. , general partner of Clark Whitehill Company,
a Virginia general partnership.
NOTARY PUBLIC
My term of office expires:
rdg/docs/pleasant
-4-
39 -
APPOINTMEATS ITEM # 37764
Mayor Oberndorf will submit letter offering three (3) names of choice to.
AIRPORT AUTHORITY
77ie lhree (3) names proposed by City Council are:
Robert Low
Roger Oberndorf
Betsy Duke
February 22, 1994
- 40 -
APPOINTMENTS ITEM # 37765
BY CONSENSUS, City Council RESCHEDULED the followirig APPOINTMENT.-
RESORT AREA ADVISORY COMMISSION
Febr,uary 22, 1994
- 41 -
I- 3
APPOINTMENTS ITEM # 37766
UPOn NOMINATION by Vice Mayor,5essoms, City Council APPOINTED:
CHESAPEAKE BAY ASAP POLICY BOARD
Paul J. Lanteigne
Voting: 11-0
COuncil Members Voting Aye:
John A. Baum, Linwood 0 Branck 111, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non e
February 22, 1994
42 -
APPOINTMENTS ITEM # 37767
UPon NOMINATION by Vlce Mayor Sessoms, City Council APPOINTED:
HUAf 4N RIGHTS COMMISSION
Betsy 0. Karotkin
Unexpired thru 1131197
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker aitd lli(-e Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
February 22, 1994
43 -
APPOINTMENTS ITEM # 37768
UP- NOMINATION by Vice May- Sessoms, City Council REAPPOINTED:
PLANNING COUNCIL
Robert W. Clyburti
One year term
411194-3131195
Voting: 11-0
Council Members Votzng Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W.
Clybur@ Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D,
Moss, Mayor Meyera F,. Oberndorf Nancy K I'arker and Vice Mayor
William D. Sessotm, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
Non e
February 22, 1994
44 -
APPOINTMENTS ITEM # 37769
UP- NOMINATION by rlce Mayor,@essolm, ctY Co,,,cil APPOINTED:
1,7RGINL4 BEACH CRIME TASK FORCE
Lockett Garnett
Representing - Chanther of Commerce
Dr. MarceHa F. Whitson
Representing PTA
Unexpired thru 2128196
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branel4 III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dear4 Louis R. Jones, Paul J Lanteigne, John D.
Moss, Mayor Meyera E ()berndorf Nancy K I'arker and rice Mayor
William D. .5essomv, Jr
Council Members Voting Nay:
Non e
Council Members Absent:
Non e
February 22, 1994
45 -
APPOINTMEATS ITEM # 37770
UNFINISHED BUSINESS
Councibnan Branch read into the record correspondence of February 11. 1994 from Beverly A.
Woodhouse, and Rosa Lee Norman, Spokespersons for the Seatack Community Center. 7he Seatack
Community requested the City Council postpone the inclusion of a Bond Referendum for the expansion
of the @ting Seatack Community Center on the ballot for the May 3, 1994 election.
UPon motion by Councilman Brancl?, seconded by Vice Mayor.@ess()mS, City Council:
REMOVED from the May 3, 1994, Ball(,t: Seatack Recreation Center
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Brancl4 III, James W. Ilrazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Joncs, I'aul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K I'arker and Vice Mayor
William D. Sesvoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent.-
Non e
February 22, 1994
- 46 -
Item 111-M.I.
NEW BUSINESS ITEM # 37771
Mayor Oberndorf referenced a phone call from Lyle Ba of WAVY requesting approval of City Council
concerning trading "Goods for Guns".
BY CONSENSUS, City Council directed the City Manager to proceed, investigating details eoncerning
weapons that are fully automatic or used in an offense, with the plan by lyle Banks and Arch Crittenden
under the guidance of Captain Buzzy re "Goods for Guns".
February 2Z 1994
- 47 --
Item III-M.2.
NEW BUSINESS ITEM # 37772
Councibnan Baum referenced citizens concerns relative circulation of the Council of Civic Organization's
petition for reapportionment in the Public Library. (,ouncilman Baum requested clarification relative
legality of circulating petitions in public buildings.
7he City Attorney advised there are two areas: traditional pubuc forum and non-traditional pubfic
forum. Traditional public forums are streets and sidewalks. Generally those individuals wishing to
petition or protest may do so on streets and sidewalks. As to the public buildings, it is almost a case -by-
case analysis as to whether the building is a public forum. ]he City Attorney's Office has been able to
determine in Virginia Beaci4 that libraries, recreation centers and museums, the buildings theimelves are
not traditional public forums for protest or for solicitation of petitions. liowever, each of those buildings
can establish an area, in which they do permit petitiotting and protest. lhe libraries have a policy
statement as to that issue as do most of the other City buildi)igs. The City Attorney's office is in 4he
process now of discussing those various regulations with the martagers of each of the buildings. The CCO
has also spoken with the City Attorney's office re their concern of this situation. Marcy Sims, Director of
Libraries, spoke with Maury Jacks@on, Council of Civic Organizations, and there was mutual satisfaction
that there is an appropriate place al the Library sites for their petition.
February 2Z 7994
- 48 -
Item III-M.3.
NEW BUSINESS ITEM # 377"
Councibnan Moss referenced the Billboards al Vista Circle on Shore Drive. Councilman Moss has been
approached by citizens and requested the City Attorney reexamine this situation conceming the legality
of removing these Billboards. Councibnan Moss will be scheduling a Resolution conceming this situation
for a future City Council agenda.
February 22, 1994
- 49 -
Item III-M.4.
NEW BUSINESS ITEM # 37774
Council Lady Parker referenced the Legislative Package and expressed concern relative Delegate Purkey's
Bill re change in special district code sections allowing provisions for more timely services and its lir"ge
with increment tax financing.
Council Lady Parker also referenced the Bill restoring NorfoLk's groundwater rights and the effect on
Virginia BeaciL 77te City Manager advised this has a beneficial effect on the City giving Norfolk the
ability to pump from their emergency wells on a stoic average basis as opposed to a very artificial
imposed basis included in the legislation adopted last year. 77tis iv a corrected measure to allow them to
fully utille their emergency wells.
Council Lady Parker also expressed concern relative the flashing speed limit sign in front of Princess
Anne High SchooL
77ie City Manager advised he will provide copies of the Bills.
February 22, 1994
- 50 -
Item III-M.5.
NEW BUSINESS ITEM # 37775
Council Lady Parker and Mayor Oberndorf referenced Senate Bill No. 449 offered by Senator Stolle.
7he City Manager advised this Bill specifies conditions on the land purchase at Camp Pendieton, i. e., and
how the land will be appraised. 7he section on Sandbridge states that if the City agrees to be the local
sponsor, $2.8-Million paid for the land at Camp Pendleton by the City would be applied toward the
initial nourishment at Sandbridge.
Mayor Obemdorf advisedshe and Councilman Clyburn met with Senator,@tolle concerning an explanation
of this Senate Bill No. 449 Amendment in the Nature of a Substitute. Ae fundirig for the Marine Science
Museum was an entirely separate issue and could not be funded from these funds. Senate Stolle advised
on lines 43, 44 and 45 of said Bill he will insert the language thal the improvements be appraised at the
municipal use restrictions as opposed to having it appraised al the highest and best use. The City shall
create a Specid Service District at Sandbridge to fund the continuing nourishment cost. A 5% transient
occupancy tax and 10% surcharge on real estate in Sandbridge was discussed
Copies of this Bill will be provided to Members of City CounciL
February 22, 1994
- 51 -
Item III-M.6,
NEW BUSINESS ITEM # 37776
Councilman Branch referenced Bills submitted without City Couricil's knowledge and requested this issue
ba addressed relative communication between the City Council and Legislators.
February 22, 1994
- 52 -
item iii-M. 7
NEW BUSINESS ITEM # 37777
Mayor Oberndorf referenced copy of a letter from Mrs. (;race Paul, which she forwarded to aU Members
of City CounciL
Mrs. Paul advised disabled veterans are absolved from the requiremerit of purchasing a City DecaL Mrs.
Paul advised she was a widow of a naval pilot killed in action and requested that consideration be given
to exempting widows who have lost their loved ones to their (-'(,utilry.
February 22, 1994
- 53 -
Item III-N.I.
ADJOURNMENT ITEM # 37778
Mayor Oberndorf DECLA-RED the Meeting ADJOURNED al 8:48 P.M
@," @ A@
------------ ----
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
@d@gf@h C Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Irirginia
February 22, 1994