HomeMy WebLinkAboutAUGUST 22, 1995 MINUTESCity o£ Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At Large
VICE MAYOR WILLIAM D SESSOMS JR, At Large
JOHN A BAUd4 Blackwater Borough
LINWOOD 0 BRANCH III Vtrgmta Beach Borough
ROBERT K DEAN Pnncess Anne Borough
W W HARRISON JR, Lynnhaven Borough
HAROLD HEISCHOBER, At Large
BARBARA ~d HENLEY Pungo Borough
LOUIS R JONES, Bayszde Borough
NANCY K PARKER, At Large
LOUISA M STRAYHORN, Kempsmlle tknough
]AMES K SPORE, C~ty Manager
LESLIE L LILLEY C~ty Attorney
RUTH HODGES SMITH CMC / AAE C~ty Clerk
CITY COUNCIL AGENDA
August 22, 1995
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9005
(804~ 427 4303
I. AGENDA REVIEW SESSION
- Conference Room -
4:00 PM
A. REVIEW OF AGENDA
B. CITY COUNCIL CONCERNS
II. INFORMAL SESSION
- Conference Room -
4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Paul C. Bailey, D.D.
Virginia Beach United Methodist 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
August 8, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent ~tgenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PUBLIC HEARING
1. SOCIAL SERVICES BUILDING SITE LOCATION
2. SANDBRIDGE SPECIAL SERVICE DISTRICT - Tax Levy
J. ORDINANCES
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Ordinance to establish a Special Purpose Tax Levy of Six Cents
($.06) per annum on each One Hundred Dollars ($100) assessed
value on Real Estate within the Sandbridge Special Service
District for Tax Fiscal Year 1996.
Ordinance to APPROPRIATE $721,100 from the General Fund
Balance to CIP Project #4-963 Community Recreation Center Pool
Repair re increased project cost estimates; and, to authorize
the City Manager to provide an advance notice to proceed (NTP)
to the contractor.
Ordinance to APPROPRIATE $24,460 to the FY 1995-1996 Operating
Budget of the Circuit Court from excess fee revenues of the
Clerk of the Circuit Court re providing a permanent Full-Time
Legal Secretary I Position and related supplies and costs;
and, estimated revenues be increased accordingly.
Ordinance to APPROPRIATE $13,800 from contributions by
Virginia Beach Vision to CIP Project #2-280 Economic and
Tourism Development studies re partially funding a Golf
Destination Feasibility study; and, estimated revenues be
increased accordingly.
Ordinance to RESCIND Resolution No. R-83-822 re procurement of
Professional Architectural and Engineering Services by the
City of Virginia Beach adopted January 3, 1983; and,
authorize the City Manager to adopt and implement the
Administrative Directive for the procurement of Architectural
and Engineering Services.
Ordinance confirming the City Manager's Declaration of a Local
Emergency due to the imminent threat of disaster posed by
Hurricane Felix.
Ordinance appointin9 viewers in the petition of the City of
Virginia Beach for the discontinuance, closure and abandonment
of a portion of Atlantic Avenue beginning at the Southern
boundary of Cavalier Drive and running in a Southerly
direction 450 feet more or less, containing 21,938 square feet
(VIRGINIA BEACH BOROUGH).
City Council Sessions of October 10, 1995: Reschedule due to
conflict with Virginia Municipal League (VML) Conference in
Virginia Beach, October 8-10, 1995, hosted by City of Virginia
Beach.
9. Authorize Tax Refunds in the amount of $6,018.72.
K. RESOLUTION
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Resolution re issuance of the Virginia Beach Development
Authority's multi-family rental housing revenue bond:
(Deferred July 11, 1995 and August 8, 1995)
Sunstates House, L.P.
Not to exceed $7,300,000
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Resolution to request the Virginia Department of
Transportation (VDOT) establish a project for the improvement
of the Lesner Bridge structures over Lynnhaven Inlet (Lesner
Bridges Thin-Bonded Overlay Project); and, that the City pay
its share of the total costs.
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Resolution to establish "Hampton Roads Regional Policy on
Publicly - Funded Development Incentives and Intra-Regional
Competition" as the policy to govern the award of development
incentives in the City of Virginia Beach.
L·
PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
7:00 PM
I ·
RECONSIDERATION: June 27, 1995 approved Application of
TIDEWATER WESTMINSTER HOMES, INC., for a Conditional Use
p~rmit for a home for the age~ at the Southwest corner of
Shore Drive and Sunstates Court, containing 1.891 acres
(LYNNHAVEN BOROUGH).
Deferred:
August 8, 1995
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Ordinance for the discontinuance~ closure and abandonment of
a portion of Atlantic Avenue beginning at the Southern
boundary of Cavalier Drive and running in a Southerly
direction 450 feet more or less, containing 21,938 square feet
in the petition of the CITY OF VIRGINIA BEACH (VIRGINIA BEACH
BOROUGH).
Recommendation:
APPROVAL
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Ordinance for the discontinuance~ closure and abandonment of
portions of the following parcels, containing 0.531 acres in
the petition of GEORGE PITSILIDES, Trustee of the Pitsilides
Land Trust (LYNNHAVEN BOROUGH):
Kleen Street: Beginning at the Northwest intersection of
Kleen Street and Page Avenue and running in a
Northerly direction a distance of 160.49 feet.
Ocean Avenue: Beginning at a point 190 feet more or less
Northwest of the intersection of Kleen Street
and Page Avenue and running in an Easterly
direction a distance of 215 feet more or less.
Recommendation:
FINAL APPROVAL
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Application of RONALD C. RIPLEY for a Varionce to Section
4.4(d) of the Subdivision Ordinance which requires all lots
created by subdivision to have direct access to a public
street at 4150 White Acre Road (BAYSIDE BOROUGH).
Recommendation: APPROVAL
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Application of JAMES C. ARCHBELL, III for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires
lots created by subdivision meet all requirements of the City
Zoning Ordinance at the North side of Bob White Lane, West of
E. Sparrow Road (KEMPSVILLE BOROUGH).
Recommendation:
DENIAL
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Application of AVALON CHURCH OF CHRIST for a Conditional Use
Permit for a church expansion (educational buildings) at 844
Woodstock Road, containing 5.639 acres (KEMPSVILLE BOROUGH):
Parcel 1: Northeast corner of Woodstock Road and Old
Providence Road.
Parcel 2: South side of Old Providence Road beginning at a
point 165 feet more or less East of Woodstock Road.
Recommendation:
APPROVAL
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Application of AUTRONICS, INC., t/a Browning's Alternator and
Starter Exchange for a Conditional Use Permit for an
automobile repair facility on Lots 58 and 59, Shelton Place
(1736 Independence Boulevard), containing 12,500 square feet
(BAYSIDE BOROUGH).
Recommendation:
APPROVAL
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Application of EXTENDED STAY AMERICA, INC., for a Conditional
Use Permit for a motel on the Northeast side of Bonney Road
beginning at a point 1214 feet more or less Southeast of
Independence Boulevard (4548 Bonney Road), containing 3.385
acres (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
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Application of FIVE STAR TEXACO for a Conditional Use Permit
for motor vehicle rentals (trucks) on the South side of Indian
River Road, 350 feet West of Manatee Drive (6621 Indian River
Road), containing 24,750 square feet (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
10. Applications of 0 & R, INC., for Conditional Changes of Zoning
District Classifications (PRINCESS ANNE BOROUGH):
From AG-1 Agricultural District to Conditional R-10
Residential District 600 feet North of Painters Lane beginning
at a point 150 feet East of Kerr Drive, containing 1.4329
acres;
AND,
From AG-2 Agricultural District to Conditional R-10
Residential District on the North and South sides of Painters
Lane beginning at a point 520 feet more or less East of
Townfield Lane, containing, 6.4785 acres.
Recommendation:
DENIAL
M. APPOINTMENTS
ADVERTISING AGENCY SELECTION COMMITTEE
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
WETLANDS BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VDCDC)
N. UNFINISHED BUSINESS
O. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
Se
Ordinance to TRANSFER $17,000 from the FY 1995-1996
Operating Budget General Fund Reserve for Contingencies
to the Community Organization Incentive Grant (COIG)
Program re additional funding for the Child Abuse Center
of Hampton Roads, (Total Grant: S30,000).
(Sponsored by Mayor Meyera E. Oberndorf)
be
Ordinances re transient lodging tax rate and the City's
Tourism Advertising Program: (Deferred July 11, 1995 and
August 1, 1995)
(Sponsored by Councilman Linwood O. Branch III)
(1) AMEND and REORDAIN Section 35-159 of the City Code
by increasing the transient lodging tax rate by
$1.00 per night for lodging at any lodging place
other than a campground.
(2) Establish the Virginia Beach Advertising Advisory
Committee.
(3) Establish the Tourism Advertising Program Special
Revenue Fund.
(4) APPROPRIATE $1,435,200 of revenue from the
additional $1.00 per night transient lodging tax.
C~
RECYCLING CONTRACT BID PROCESS
(Sponsored by Councilman Robert K. Dean)
P. ADJOURNMENT
* * * * * * * * *
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
(TDD - Telephonic Device for the Deaf)
· . · · · . . · . ,
08/17/95BAP
AGENDA\08-22-95 . PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 22, 1995
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINL4
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, August 22,
1995, at 4:00 P.M.
Council Members Present:
John A Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
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AGENDA
REVIEW
4:23 P.M.
ITEM # 39621
SESSION
Mayor Oberndorf referenced:
01. COUNCIL-SPONSORED ITEMS:
ao
Ordinance to TRANSFER $17,000 from the FY 1995-1996
Operating Budget General Fund Reserve for Contingencies to
the Community Organization Incentive Grant (COIG) Program
re additional funding for the Child Abuse Center of Hampton
Roads, (Total Grant: $30,000).
(Sponsored by Mayor Meyera E. Oberndorf)
Mayor Oberndorf advised of a concern from Robert Stein, Virginia Beach Foundation, Inc., and a member
of the COIG. Based on a conversation with Council Lady Parker, Mr. Stein requested this ordinance be
tabled until he and Priscilla Beede had a chance to share with City Council their intensive review of this
project and unanswered concerns. With respect to regional cooperation, the City of Virginia Beach has
not provided their portion of funds. Mayor Oberndorf advised she has the greatest respect for all Members
of the Community Organization Incentive Grant. This item will be DEFERRED INDEFINITELY.
ITEM # 39622
Vice Mayor Sessorns referenced:
J. 2. Ordinance to APPROPRIATE $721,100 from the General
Fund Balance to CIP Project #4-963 Community Recreation
Center Pool Repair re increased project cost estimates; and, to
authorize the City Manager to provide an advance Notice To
Proceed (NTP) to the contractor.
This item will be discussed further during the Formal Session.
ITEM # 39623
Councilman Dean inquired relative the amount of funds flowing into the Court facility for the processing
of concealed handgun permits.
J. 3. Ordinance to APPROPRIATE $24,460 to the FY 1995-1996
Operating Budget of the Circuit Court from excess fee revenues
of the Clerk of the Circuit Court re providing a permanent
Full-Time Legal Secretary I Position and related supplies and
costs; and, estimated revenues be increased accordingly.
The City Manager advised this is another example of a classic mandate that has been imposed by the
State. Applications must be processed and the workload has increased tremendously.
Councilman Dean advised approximately $425,000 in revenues from gun permits is projected for this
coming year.
Matt Beneflel, Court Administrator, distributed information relative Concealed Weapon Permit
Application Review. The police department collects $35.00 at the time of permit application. When the
permit is picked up from the Clerk's Office, the applicant submits another $15,00, $10.00 of which is given
to the Clerk's Office and $5.00 to the State Police. The Circuit Court does not receive any of these funds.
August 22, 1995
-3-
AGENDA
REVIEW
ITEM # 39624
SESSION
Council Members Dean, Henley and Parker referenced:
J 4. Ordinance to APPROPRIATE $13,800 from contributions by
Virginia Beach Vision to CIP Project #2-280 Economic and
Tourism Development studies re partially funding a Golf
Destination Feasibility study; and, estimated revenues be
increased accordingly.
The City Manager advised there were adjustments to the Request For Funds, but it is essentially the same
document. The City Manager advised when the additional funds of $1200 are raised by Virginia Beach
Vision to total $15,000, he will advise City Council.
Councilman Branch requested the names of the individual contributors to the Economic and Tourism
Development studies be read in the Formal Session
ITEM # 39625
Council Members Dean and Parker expressed concerns relative Section O: "The contracting agency may
develop a change order procedure and may approve change orders within the original scope of work as
long as accumulated change orders do not exceed 25% of the original contract amount."
J. 5. Ordinance to RESCIND Resolution No. R-83-822 re procurement
of Professional Architectural and Engineering Services by the City
of Virginia Beach adopted January 3, 1983; and, authorize the City
Manager to adopt and implement the Administrative Directive for
the procurement of Architectural and Engineering Services.
The item will DEFERRED until the City Council Session of September 5, 1995, to receive an analysis
relative the Change Order Process.
ITEM # 39626
Vice Mayor Sessoms referenced:
J. 8. City Council Sessions of October 10, 1995: Reschedule due to
conflict with Virginia Municipal League (VML) Conference in
Virginia Beach, October 8-10, 1995, hosted by City of Virginia
Beach.
City Council will RESCHEDULE the Session to October 17, 1995.
ITEM # 39627
Vice Mayor Sessorns referenced correspondence from Attorney Michael B.
WITHDRAWAL:
ICI Resolution re issuance of the Virginia Beach Development
Authority's multi-family rental housing revenue bond:
(Deferred July 11, 1995 and August 8, 1995)
Sunstates House, L.P. Not to exceed $7,300,000
Hamar requesting
August 22, 1995
-4-
AGENDA
REVIEW
ITEM # 39628
SESSION
Council Members Dean and Henley requested further discussion:
K. 3 Resolution to estabhsh "Hampton Roads Regional Policy on
Publicly - Funded Development Incentives and Intra-
Regional Competition" as the policy to govern the award of
development incentives tn the City of Virginia Beach.
Council Lady Strayhorn advised Virginia Beach's policy is different from the other regions. Council Lady
Parker also expressed concerns.
ITEM # 39629
BY CONSENSUS of City Council, the follow#tg items shall compose the CONSENT AGENDA:
ORDINANCES
J. 1. Ordinance to establish a Special Purpose Tax Levy of Six
Cents ($.06)per annum on each One Hundred Dollars ($100)
assessed value on Real Estate within the Sandbridge Special
Service District for Tax Ftscal Year 1996.
Ordinance to APPROPRIATE $24,460 to the FY 1995-1996
Operating Budget of the Circuit Court from excess fee revenues
of the Clerk of the Circuit Court re providing a permanent
Full-Time Legal Secretary I Posttion and related supplies and
costs; and, estimated revenues be increased accordingly.
Ordinance to APPROPRIATE $13,800 from contributions by
Virginia Beach Vision to CIP Project #2-280 Economic and
Tourism Development studies re parttally funding a Golf
Destination Feasibility study; and, estimated revenues be
increased accordingly.
J. 5.
Orchnance to RESCIND Resolution No. R-83-822 re
procurement of Professional Architectural and Engineering
Services by the City of Virginia Beach adopted January 3,
1983, and, authortze the Ctty Manager to adopt and implement
the Administrattve Directive for the procurement of
Architectural and Engineering Services.
Ordinance confirming the City Manager's Declaration of a
Local Emergency due to the imminent threat of &saster posed
by Hurricane Felix.
Ordinance appointing viewers in the petttion of the City of
Virginia Beach for the discontb, uance, closure and
abandonment of a portion of Atlantic Avenue beginmng at the
Southern boundary of Cavalier Drtve and runmng in a
Southerly direction 450 feet more or less, containing 21,938
square feet (VIRGINIA BEACH BOROUGH).
J. 8.
City Counctl Sessions of October I0, 1995: Reschedule due to
conflict with Virgima Municipal League (VML) Conference in
Virginia Beach, October 8-10, 1995, hosted by Ctty of Virginia
Beach.
J. 9. Authorize Tax Refunds' in the amount of $6,018.72.
Item J. 5. shall be DEFERRED BY CONSENT to September 5, 1995.
August 22, 1995
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AGENDA REVIEW SESSION
RESOLUTIONS
ITEM # 39629 (Continued)
ICI
Resolution re issuance of the Virginia Beach Development
Authority's multi-family rental housing revenue bond:
(Deferred July 11, 1995 and August 8, 1995)
Sunstates House, L.P. Not to exceed $7,300,000
Resolution to request the Virginia Department of Transportatton
(VDOT) establish a project for the tmprovement of the Lesner
Bridge structures over Lynnhaven Inlet (Lesner Bridges Thin-
Bonded Overlay ProjecO; and, that the City pay its share of the
total costs.
Item L 1. will be WITHDRAWN B Y CONSENT.
ITEM # 39630
Councilman Harrison advised further discussion relative:
1.1
RECONSIDERATION: June 27, 1995 approved Apphcation
of TIDEWATER WESTMINSTER HOMES, INC., for a
Conditional Use Permit for a home for the aged at the
Southwest corner of Shore Drive and Sunstates Court,
containing 1.891 acres (LYNNHAVEN BOROUGtl)
ITEM # 39631
Councilman Dean referenced telephone calls regar&ng the construction of the revised fence structure and
the posstble utilization of composite plastic lumber.
1.3
Ordinance for the dtscontinuance, closure and abandonment of
portions of the following parcels, containing 0 531 acres m the
petition of GEORGE PITSILIDES, Trustee of the Pttstlides
Land Trust (L YNNttA VEN BORO UGIt) :
Kleen Street:
Beginning at the Northwest
intersection of Kleen Street and
Page Avenue and runnmg in a
Northerly direction a distance of
160 49 feet.
Ocean/tvenue:
Beginning at a point 190 feet
more or less Northwest of the
intersectton of Kleen Street and
Page Avenue and running tit all
Easterly direction a distance of
215 feet more or less
The City Attorney &stributed the ordinance and a revised plat, which has been amended to reflect the
agreement.
August 22, 1995
-6-
AGENDA RE VIEW SESSION
ITEM # 39632
Council Lady Strayhorn advised the following item was recommended for DENIAL and had
OPPOSITION:
L. 5 Application of JAMES C. ARCHBELL, III for a Variance to
Section 4.4(b) of the Subdtviston Ordinance which requires lots
created by subdiviston meet all requirements of the City Zoning
Or&nance at the North side of Bob Whtte Lane, West of E.
Sparrow Road (KEMPSVILLE BOROUGIt)
ITEM # 39633
Council Members Henley and Dean referenced the con&tion of the 40-foot vegetated buffer required as
a condition:
L. 6 Applicaaon of AVALON CHURCH OF CHRIST for a
Conditional Use Permit for a church expansion (educational
buildings.) at 844 Woodstock Road, containing 5639 acres
(KEMPSVILLE BOROUGIt).
Parcel 1:
Northeast corner of Woodstock
Road and Old Providence Road
Parcel 2:
South side of Old Provtdence
Road beginning at a point 165
feet more or less East of
Woodstock Road.
The composition of the vegetated buffer needs to be identtfied.
ITEM # 39634
Council Lady Strayhorn advised the applicant is on the& way by airplane and there may be a request for
DEFERRAL.
L. 8 Application of EXTENDED STAY AMERICA, INC., for a
Conditional Use Permit for a motel on the Northeast side of
Bonney Road begtnning at a po#tt 1214 feet more or less
Southeast of Independence Boulevard (4548 Bonney Road),
containing 3.385 acres (KEMPSVILLE BOROUGH)
ITEM # 39635
Council Lady Parker advtsed concern from an adjacent resident relative adequate buffering:
L. 9 Application of FIVE STAR TEXACO for a Con&tional Use
Permit for motor vehicle rentals (trucks) on the South side of
Indian River Road, 350 feet West of Manatee Drive (6621
Indian River Road), containtng 24, 750 square feet
(KEMPSV1LLE BOROUGH).
The Director of Planning advised Category VI Screening reqmres both a 6-foot fence and vegetation.
The Board of Zoning does not have the authority to relieve an applicant of a condiaon imposed by the
City Council in the approval of a Use Permit.
August 22, 1995
-7-
AGENDA REVIEW SESSION
ITEM # 39636
Council Lady Henley will be ABSTAINING from discussion as Mrs. Paschang is a former employee of
the Henley's.
LIO Applications of 0 & R, INC., for Conditional Changes of
Zoning District Classifications (PRINCESS ANNE BOROUGH):
From AG-1 Agricultural District to Conditional R-lO
Residential District 600 feet North of Painters Lane beginning
at a point 150feet East of Kerr Drive, containing 1.4329 acres;
AND,
From ~4G-2 Agricultural District to Conditional R-lO
Residential District on the North and South sides of Painters
Lane beginning at a point 520 feet more or less East of
TownfieM Lane, containing, 6.4785 acres.
Councilman Heischober referenced the Planning Commission verbatim and requested clarification relative
the opposition stating the City Council had approved Conditional Use Permits for farmettes. City Attorney
Macali advised this referred to the use permit for a single family dwelling in AG-I. Ibis item will be
discussed further during the Formal Session.
ITEM # 39637
BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT
AGENDA:
L. 2.
Ordinance for the discontinuance, closure and abandonment of
a portion of Atlantic Avenue beginning at the Southern
boundary of Cavalier Drive and running in a Southerly
direction 450 feet more or less, containing 21,938 square feet
in the petition of the CITY OF VIRGINIA BEACH (VIRGINIA
BEACH BOROUGH).
L. 3.
Ordinance for the discontinuance, closure and abandonment of
portions of the following parcels, containing 0.531 acres in the
petition of GEORGE PITSILIDES, Trustee of the Pitsilides
Land Trust (L YNNHA VEN BOROUGH):
Kle,n Street:
Beginning at the Northwest
intersection of Kleen Street and
Page Avenue and running in a
Northerly direction a distance of
160. 49 feet.
Ocean Avenue:
Beginning at a point 190 feet
more or less Northwest of the
intersection of Kleen Street and
Page Avenue and running in an
Easterly direction a distance of
215 feet more or less.
L. 4. Application of RONALD C. RIPLEY for a Variance to Section
4.4(d) of the Subdivision Ordinance which requires all lots
created by subdivision to have direct access to a public street
at 4150 White Acre Road (BAYSIDE BOROUGH).
August 22, 1995
-8-
AGENDA REVIEW SESSION
ITEM # 39637 (Continued)
L. 6. Application of AVALON CHURCH OF CHRIST for a
Conditional Use Permit for a church expansion (educational
buildings.) at 844 Woodstock Road, containing 5.639 acres
(KEMPSVILLE BOROUGH):
Parcel 1:
Northeast corner of Woodstock
Road and Old Providence Road.
Parcel 2:
South side of Old Providence
Road beginning at a point 165
feet more or less East of
Woodstock Road.
L. 7.
Application of AUTRONICS, INC., t/a Browning's Alternator
and Starter Exchange for a Conditional Use Permit for an
automobile repair facility on Lots 58 and 59, Shelton Place
(1736 Independence Boulevard), containing 12,500 square feet
(BA YSIDE BOROUGH).
Application of FIVE STAR TEXACO for a Conditional Use
Permit for motor vehicle rentals (trucks) on the South side of
Indian River Road, 350 feet West of Manatee Drive (6621
Indian River Road), containing 24, 750 square feet
(KEMPSVILLE BOROUGH).
Item L. 2. will be DEFERRED INDEFINITELY BY CONSENT.
Councilman Baum referenced.
ITEM # 39638
PUBLIC HEARING
SOCIAL SERVICES BUILDING SITE LOCATION
Mayor Oberndorf ascertained from concerns of City Council that comments during the Public Hearing
wouM be limited to three minutes, as many speakers are registered.
Vice Mayor Sessorns advised the Public Hearing would be informational, no decision would be made
today
An item relative the location of the Social Services Building will be SCHEDULED for the City Council
Session of September 5, 1995.
A decision relative the disposition of this City-owned parcel needs to be made if the Social Services
building is not located there.
Mayor Oberndorf advised neighborhoods want to have the opportunity to assess any pubhc project.
August 22, 1995
-9-
AGENDA REVIEW SESSION
ITEM # 39639
Councilman Dean advised of the Applications of 0 & R, INC. for Conditional Changes of Zoning District
Classification. Councilman Dean advised of a compromise concerning the time. Councilman Dean
requested John Jones, President - Red Mill Civic League, be allocated five minutes and John S. Waller,
affected home owner, be allocated approximately 15 minutes to speak on behalf of all the residents rather
than the approximately thirty residents who were in OPPOSITION speaking individually for 3 minutes.
ITEM # 39640
The City Attorney suggested if the Public Hearing relative the Social Services Building Site Location
is extended, this be interrupted long enough to have the Planning items By Consent and then return to
the Public Hearing.
August 22, 1995
- 10 -
COUNCIL CONCERNS
5.'10 P.M.
ITEM # 39641
Council Lady Henley advised the Editor of THE BEACON misunderstood discussion at The Retreat,
relative substandard housing and privies in the southern part of the City. Council Lady Henley distributed
a memorandum dated November 15, 1984, relative the number of privies and sub-standard housing units
in each of the areas of the City. Said memorandum is hereby made a part of the record.
Because of Health Department regulations, in many instances, the residents cannot install a septic tank
and do not have public sewer. Many are located on lots which would not accommodate a new septic
system, if the present system fails.
ITEM # 39642
Council Lady Henley reiterated a question she has asked for at least the past ten years: "How many
existing vacant lots do we have in Pungo and Biackwater on which a house couM be built?" Pungo and
Blackwater are overlooked.
Counctlman Baum advised inspectors should not go into areas which do not have full City services.
Inspections will only hurt the occupants of substandard dwellings in Pungo and Blackwater, as they have
no positive suggestions for improvement.
ITEM # 39643
Councilman Harrison referenced concerns from the North Virginia Beach Civic League relative the
Beach Erosion Control and Hurricane Protection Project. Councilman Harrison suggested a citizen
group act as a Liaison between the North End residents, the City Council an City Staff, to disseminate
information relative the Hurricane Protection Plan, to ascertain an accurate picture of their concerns and
possibly develop modifications to the Plan.
Councilman Harrison suggested this group be composed of the following individuals:
Thomas Fraim
Chairman of the Erosion Commission
Adin Woodward
Member of Erosion Commission
Former North End Civic League President
Dr. Roger Visser
Current President North Beach Civic League
Henry Richardson
Member of Erosion Commission
Councilman Branch advised he would be pleased to be a Council Liaison with Councilman Harrison on
this group.
Mayor Oberndorf advised Colonel Perkins of the U.S. Army Corps of Engineers would be happy to have
his staff available for small meetings relative the project and its affect on the quality of life at the North
End of the Beach.
The City Manager advised information will be provided relative the protection level of the Hurricane
Protection Project.
BY CONSENSUS, City Council concurred with the formation of the Liaison group.
August 22, 1995
- 11 -
ITEM # 39644
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City tIall Building, on Tuesday, August 22, 1995, at 5.25 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wtlham W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
August 22, 1995
- 12-
ITEM # 39645
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section Z1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS; Discussion or consideration of or mterviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Sectton
2.1-344 (A) (1).
To Wit: Appointments: Boards' and Commisstons:
Advertising Agency Selection Committee
Community Servtces Board
Development Authority
Parks and Recreation Commisszon
Pubhc Library Board
Wetlands' Board
Virginia Beach Community Development Corporation
LEGAL MA TTERS_: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
littgatton, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7)
To- Wit:
Ctty of Virgtma Beach v Krummel and Assoctates, P.C.
Amphttheater
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting. 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Itenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vtce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1995
- 13 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
August 22, 1995
6:00 P3/I.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 22, 1995, at 6:17 P.M.
Council Members Present:
John A. Baurn, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend Paul C. Bailey, D.D.
Virginia Beach United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record.
August 22, 1995
- 14 -
Item III-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39646
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, Ctty Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virgima law were discussed #7 Executive Sesston to
which this certification resolutton apphes;
AND,
Only such public business matters as were identtfied in the motion
convening the Executive Sesston were heard, discussed or constdered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, William IV..
Harrison, Jr, HaroM Heischober, Barbara M llenley, Louts R. Jones,
Mayor Meyera E. Oberndorf, Nancy tC Parker, Vice Mayor Wilham D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
August 22, 1995
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to thc affirmative vote recorded in ITEM It 39645 Page No. 12 and in accordance with
the provisions of Thc Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
~u~h Hodges Smit~,, CMC/AAE
City Clerk
August 22, 1995
- 15 -
Item III-F. 1.
MINUTES
ITEM # 39647
Upon motion by V~ce Mayor Sessorns, seconded by Council Lady Strayhorn, Ctty Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSION of August 8, 1995.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Robert K Dean, W11Iiam W.
Harrison, Jr, Harold Itetschober, Barbara M Ilenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, I, Sce Mayor William D.
Sessoms, Jr. and Loulsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
August 22, 1995
- 16 -
Item III-G. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39648
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 22, 1995
-17-
Ltem III-G Z
ITEM # 39649
Mayor Oberndorf recognized:
MISS VIRGINIA BEACH
LAURA RILEY
Miss Riley was newly crowed as Miss Virginia Beach on Saturday evening, August 19, 1995.
Mayor Oberndorf presented her with the Virginia Beach Loving Cup bearing the City Seal
August 22, 1995
- 18 -
Item III-L1.
PUBLIC HEARING
ITEM # 3965O
Mayor Oberndorf DECLARED A PUBLIC HEARING:
SOCIAL SERVICES BUILDING SITE LOCATION
The following spoke in SUPPORT:
Randy Stokes, Edgewater Drive, Norfolk, Developer, presented the site plan as a 2-story building of
96,200 square feet.
Attorney Morris Fine, 6901 Oceanfront, Phone: 422-1568, represented Runnymede
Dr. Lane Stokes, Edgewater Drive, owner of property
Tanya Jones, 201 Shortleaf Court, employee interested in on-site day care
Ramona Ortiz, 1305 Ivywood Court, Phone: 471-9340, employee interested in on-site day care
Bob Miller, 5033 Rouse Drive
Carolyn Lincoln, represented the Homeless Task Force, Phone: 467-0401
The following spoke in OPPOSITION:
The Honorable Robert Tata, 4536 Gleneagle Drive 23462, Phone: 499-2490
Elizabeth Gold, 529 Rosalie Court 23462, Phone: 499-4910, President of the Larkspur Civic League
Roy Shipley, 4512 McGregor Drive 2346Z Phone: 490-2212, City Employee
Linda McCurey, 4308 Sugarleaf Court 23462, Phone: 497-3034. representing Larkspur Civic League
Kenneth Hafner, 4500 McGregor Drive 23462, Phone: 473-9121, Landscape Architect and Planner
Richard Raiter, 4520 McGregor Drive 23462, Phone: 499-5775
Michael Rogers. 4327 Sugarleaf Court 23462, Phone: 497-7040
Beth Hall. 4317 Mountainleaf Court 23462, Phone: 473-8624
George DeLano, 521 Buffer Drive 23462, Phone: 497-6126
Paul Haveles, 4429 Ironwood Drive 23462, Phone: 499-3904
Yvonne Daniels, 500 Gleneagle Drive 23462, Phone: 499-7142. Mrs. Daniels presented petitions
containing 160 signatures in OPPOSITION.
John McMullen, 504 Ben Hogan Drive 23462, Phone: 499-3799
Rose Katz, 4350 Silverleaf
Paul Terkeltaub, 4409 Mossewood Drive
CITY COUNCIL RECESSED AT 7:03 P34. TO PLANNING CONSENT ITEMS/
RECONVENED 7:08 P.M.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 22, 1995
- 19 -
Item III-L2.
PUBLIC HEARING
ITEM # 39651
Mayor Oberndorf DECLARED ,4 PUBLIC HE,4RING:
SANDBRIDGE SPECIAL SERVICE DISTRICT- TAX LEVY
The following registered in SUPPORT:
Bernie Williams, 2832 Sandpiper Road, Phone: 721-6418
The following registered in OPPOSITION:
Lou Pace, Hunt Club forest
Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 22, 1995
- 20 -
Item III-J.
CONSENT AGENDA
ITEM # 39652
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in
one motion Items, L3, 4, 5, 6, 7, 8 and 9 of the CONSENT AGENDA.
Item J. 5. DEFERRED B Y CONSENT to the City Council Session of September 5, 1995.
Item J. 8. RESCHEDULED, B Y CONSENT, OCTOBER lOTH CIIY COUNCIL SESSION TO OCTOBER
17, 1995.
Voting: 11-0'
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean*, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy IC Parker*, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
*Council Members Dean and Parker voted a VERBAL NAY on Item J.l.
**Council Lady Parker ABSTAINED on Item J. 7.
August 22, 1995
- 21 -
Item III-J. 1.
CONSENT AGENDA
ITEM # 39653
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to establish a Special Purpose Tax Levy of Six Cents ($.06)
per annum on each One Hundred Dollars ($100) assessed value on Real
Estate withtn the Sandbridge Special Service District for Tax Fiscal Year
1996
9-2 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Wtlham W. llarrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K. Dean and Nancy K. Parker
Council Members Absent:
None
August 22, 1995
VIRGINIA:
AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL
ESTATE WITHIN THE SANDBRIDGE SPECIAL SERVICE
DISTRICT FOR TAX FISCAL YEAR 1996
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
Section 1. AMOUNT OF LEVY ON REAL ESTATE WITHIN THE
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SANDBRIDGE SPECIAL SERVICE DISTRICT.
There shall be levied and collected for fiscal year 1996, taxes for the special purpose
of providing beach and shoreline restoration and management at Sandbridge on all real estate within
the Sandbridge Special Service District, not exempt from taxation, at the rate of six cents ($.06) per
annum on each one hundred dollars ($100) of assessed value thereof. This rate shall be in addition
to rates provided in other ordinances. The real estate tax rate imposed herein shall be applied on
the basis of one hundred percentum of the fair market value of such real property except for pubhc
service real property which shall be on the basis as provided in Section 58 1-2604 of the Code of
Virginia, as amended
Section 2. CONSTITUTIONALITY.
If any part, section, sentence, clause or phrase of this Ordinance is for any reason
declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance
Section 3. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon the date of its adoption, and
shall establish the additional real estate tax rate in the Sandbridge Special Service District for the
period July 1, 1995, through June 30, I996.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day
of August ,1995.
CA-6047
ORDIN\NONCODE\SPECTAX. ORD
R-3
PREPARED: 08/10/95
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
l~[~ment'~6~ Law
- 22 -
ORDINANCES
ITEM # 39654
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council ADOPTED:
Ordinance to APPROPRIATE $721,100 from the General Fund Balance
to CIP Project 1M-963 Community Recreation Center Pool Repair re
increased project cost estimates, and, to authortze the City Manager to
provide an advance Notice To Proceed (NTP) to the contractor.
Voting: 10-1
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor Wilham D Sessoms, Jr. and
Loutsa M. Strayhorn
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent'
None
August 22, 1995
AN ORDINANCE TO APPROPRIATE $721,100 FROM THE
GENERAL FUND FUND BALANCE TO CIP PROJECT #4-963
COMMUNITY RECREATION CENTER POOL REPAIR IN RESPONSE
TO INCREASED PROJECT COST ESTIMATES AND TO AUTHORIZE
THE CITY MANAGER TO PROVIDE AN ADVANCE NOTICE
TO PROCEED (NTP) TO THE CONTRACTOR
WHEREAS, CIP Project #4-963 Community Recreation Center Pool Repairs was
established by City Council to repair corrosion problems in the pools and natatoria at Bayside,
Princess Anne, and Great Neck Community Recreation Centers at a total cost of $1,900,000;
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WHEREAS, the extent of the corrosion damage was unknown at the time the project
estimates were developed;
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WHEREAS, the project cost estimates have been re-evaluated based upon recent bid
results for a revised total project cost of $2,621,100, requiring an additional $721,100; and
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WHEREAS, there is presently $721,100 available for appropriation to the project from
the General Fund fund balance.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that funds in the amount of $721,100 be appropriated from
the General Fund fund balance to CIP Project #4-963 Community Recreation Center Pool Repairs
m response to increased project cost estimates;
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BE IT FURTHER ORDAINED that the FY 1995-96 Capital Budget be amended to
reflect this action;
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BE IT FURTHER ORDAINED that the City Manager ~s hereby authorized to provide
an advance Notice To Proceed (NTP) to the contractor.
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This ordinance shall be in effect from the date of its adoption.
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Adopted the 22 day of August
, 1995, by the Council of the City of Virginia
Beach, Virginia.
APPROVED AS TO CONTENT
Department of Management Services
APPROVED AS TO
LEGAL SUFFICIENCY
f/users/SJohnsto/Councfi/poolcoro ord
Item III-J. 3.
CONSENT AGENDA
ITEM # 39655
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIATE $24,460 to the FY 1995-1996 Operating
Budget of the Circuit Court from excess fee revenues of the Clerk of the
Circuit Court re providing a permanent Full-Time Legal Secretary 1
Position and related supplies and costs; ana~ estimated revenues be
increased accordingly.
Voting.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Counctl Members Absent:
None
August 22, 1995
AN ORDINANCE TO APPROPRIATE $24,460 FOR THE
PURPOSES OF PROVIDING A PERMANENT FULL-TIME LEGAL SECRETARY I
POSITION AND RELATED SUPPLIES TO THE CIRCUIT COURT
WHEREAS, the General Assembly amended section 18 2-308 of the Code of Vlrglma pertmmng to the
apphcauon for a two-year perrmt to carry a concealed handgun effective July 1, 1995 wtuch has resulted in an increase
in the number of pernut applicants,
WHEREAS, the number of applications processed for pernuts to carry concealed handguns was 967 from July
through August 15th, 1995 wtuch annualizes to approximately 7,500 for FY95-96, and 1,563 from January through
August 15th, compared with 218 in calendar 1994 according to Vlrg~ma Beach Pohce Department financial records,
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WHEREAS, the Circuit Court of the City of Vlrglma Beach has the responslblhty for processing apphcanons
for concealed handgun pernuts with the assistance of the Vlrglma Beach Pohce Department, Clerk of the Circuit Court,
Sheriff, and Commonwealth's Attorney, and is directed by the Code of Vlrgmm to issue pernuts wlttun umety days of
receipt of completed apphcatlons subnutted prior to July 1, 1996 and wlttun forty-five days of receipt of completed
apphcatlons subnutted after July 1, 1996,
WHEREAS, the Clrcmt Court has used an existing Legal Secretary from its full-tune staff to process these
apphcat~ons winch consumes about five-to-eight hours a day (at ten nunutes per application), but cannot continue m ttus
manner without negatively impacting court operations,
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WHEREAS, the Cu'cmt Court requests that the Clty add one full-tune permanent Legal Secretary I position to
the Circuit Court to process the apphcatlons for concealed handgun pernuts and perform other court functions, and
increase approprlauons in its FY95-96 operating budget by $24,460 to fund the posluon and related supplies and costs,
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WHEREAS, the cost of the poslnon would be offset by an increase in estimated revenue from excess fees
generated by the Clerk of the Clrcmt Court from collection of a ten-dollar fee associated with processmg the applications
and issuing pernuts for concealed handguns,
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds from excess fee revenues from the Clerk of the Circuit Court in the amount of $24,460 are hereby
appropriated to the FY1995-96 Operating Budget of the Circuit Court for the ad&tlon of a full-time permanent Legal
Secretary I position and funding of related supplies and costs
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BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that tins Legal
Secretary I posmon wtll be abohshed ff the General Assembly amends Section 18 2-308 of the Code of Vwgm~a pertaining
to the apphcat~on for a two-year perrmt to carry a concealed handgun to a stricter interpretation that sigmficantly reduces
the number of applicants
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BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that
tins appropriation be offset by an increase of $24,460 in estimated revenue from Clerk of Ctrcmt Court excess fees
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Ttus ordinance shall be effective from the date of ltS adoption
Adopted by the Council of the City of Vlrgnua Beach, Vlrgima on the
August ,1995
22nd day of
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APPROVED AS TO CONTENT
DEPARTMENT OF MA GI, FA~E~NT AND BUDGET
APPROVED AS TO LEGAL SUFFICIENCY AND FORM
CITY ATTORNEY
4 0 c \budget~95-96\c~rcfte ord vol 47 August 16, 1995 sgh
- 24 -
Item III-J. 4.
CONSENT AGENDA
ITEM # 39656
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED:
Ordinance to APPROPRIATE $13,800 from contrtbutions by Virginia
Beach Vision to CIP Project #2-280 Economic and Tourism
Development studtes re partially funding a Golf Destination Feastbihty
study, and, estimated revenues be increased accordingly
The City Clerk read into the record the following contrtbutors to the fund.
Professional Hospitality Resources
Ramada Plaza Resort
Taylor Farms
The Breakers Resort
The Colonial Inn
Tidewater Association of Realtors'
Tidewater Inn Management
Thomas C. Broyles
Virginia Beach Hotel Motel Association
Virginia Beach Vi.~'ion, Inc.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., tlarold Heischober, Barbara M. ttenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent.
None
August 22, 1995
AN ORDINANCE TO APPROPRIATE $13,800 OF
CONTRIBUTIONS TO PROJECT #2-280 ECONOMIC AND
TOURISM DEVELOPMENT STUDIES TO BE APPLIED
TOWARD A GOLF DESTINATION FEASIBILITY STUDY
WHEREAS, in an effort to extend and enhance the city's tourist industry, City
Council is interested in the potential for developing Virginia Beach as a golf destination;
WHEREAS, the city has solicited a feasibility study including an analyses of
8 the marketing and economic factors affecting the development of golf facilities;
WHEREAS, the cost of the study is estimated at $52,500 with $13,800 of the
10 amount to be funded from contributions by V~rginia Beach Vision and the remaining
$38,700 from available funds ~n project #2-280 Economic and Tourism Development
Studies.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA'
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That $13,800 be appropriated to project #2-280 Economic and Tourism
Development Studies to partially fund a golf destination feasibility study;
That the $13,800 of appropriations be offset by a like increase ~n estimated
z8 revenues as a result of contributions from Virginia Beach Vis~on.
This ordinance shall be effective on the date of its adoption.
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Adopted by the Council of the City of Virginia Beach, Virginia on the
August
day of , 1995.
Approved As To Content
Management Serwces
- 25 -
Item III-J. 5.
CONSENT AGENDA
ITEM # 39657
ORDINANCES
Upon moffon by Vice Mayor Sessoms, seconded by Councdman Branch, City Council DEFERRED until
the City Council Session of September 5, 1995:
Ordinance to RESCIND Resolutton No. R-83-822 re procurement of
Professional Architectural and Engineering Services by the City of
Virginia Beach adopted January 3, 1983, and, authorize the City
Manager to adopt and implement the Admtmstrattve Dtrecttve for the
procurement of Architectural and Engineer#tg Servtces.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Ltnwood 0 Branch, II1, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M tlenley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent
None
August 22, 1995
- 26 -
Item III-J. 6
CONSENT AGENDA
ITEM # 39658
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED:
Ordtnance confirming the City Manager's Declaration of a Local
Emergency due to the imminent threat of disaster posed by Hurricane
Fehx.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W.
Harrtson, Jr., HaroM tleischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent'
None
August 22, 1995
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AN ORDINANCE CONFIRMING THE CITY
MANAGER'S DECLARATION OF A LOCAL
EMERGENCY DUE TO THE IMMINENT THREAT
OF DISASTER POSED BY HURRICANE FELIX
WHEREAS, § 44-146.21 of the Code of Virginia, as amended,
provides that the local director of emergency services "may declare
the existence of a local emergency, subject to confirmation by the
governing body at the next regularly scheduled meeting or at a
special meeting within fourteen days of the declaration, whichever
occurs first;"
WHEREAS, in accordance with the Virginia Emergency
Services and Disaster Law [§§ 44-146.13 et seq. of the Code of
Virginia, as amended], City Council, by adoption of §§ 2-411
through 2-413 of the City Code, created the Office of Emergency
Management and appointed the City Manager as the Director of
Emergency Management; and
WHEREAS, by virtue of the authority vested in him by
§ 44-146.21, the City Manager, as the City's Director of Emergency
Management, issued a Declaration of Local Emergency on August 15,
1995, in response to the imminent threat of disaster posed by
Hurricane Felix.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That, pursuant to § 44-146.21 of the Code of Virginia, as
amended, City Council hereby confirms the Declaration of Local
Emergency issued by the City Manager, in his capacity as the City's
Director of Emergency Management, on August 15, 1995, a copy of
which is attached hereto as Exhibit A and is hereby incorporated by
reference.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22 day of Au§ust 1995
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CA-6053
ORDIN\NONCODE\FELIX.ORD
R-1
PREPARED: 08/17/95
Dep~ent of Law
APPROVED AS TO LEGAL
EXHIBIT A
DECLARATION OF
LOCAL EMERGENCY
I, the undersigned, as City Manager and Director of Emergency Management for the
City of Virginia Beach, find the imminent threat of disastrous weather and flood conditions,
serious and extensive property damage, and loss or interruption of vital City services posed
by Hurricane Felix to be of sufficient severity and magnitude to warrant coordinated local
government action to prevent or alleviate any potential damage, loss, hardship or suffering.
Therefore, pursuant to § 44-146.21 of the Code of Virginia, as amended, I hereby declare
the existence of a Local Emergency in the City of Virginia Beach.
In accordance with this Declaration, the Office of Emergency Management and all
other appropriate City agencies are hereby vested with, and are authorized to carry out, all
·
powers, duties and functions prescribed by State and local law, rules, regulations and plans
as may be necessary to adequately and appropriately respond to said Local Emergency.
~S~ore, C~j/Manager
/i~ Director of Emergency Management
Dat~ -
- 27 -
Item III-J. Z
CONSENT AGENDA
ITEM # 39659
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance appointing viewers in the petition of the City of Virginia
Beach for the discontinuance, closure and abandonment of a portion of
Atlantic Avenue beginning at the Southern boundary of Cavalier Drive
and running in a Southerly direction 450 feet more or less, containing
21,938 square feet (VIRGINIA BEACH BOROUGH).
The viewers are:
David G. Grochmal
Robert J. Scott
Ralph J. Smith
Director of General Services
Director of Planning
Director of Public Works
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy IC Parker
Council Members Absent:
None
Council Lady Parker ABSTAINED as she and her husband are owner of Parker Pools
August 22, 1995
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on the
22nd day of August, 1995, at 6:00 P.M., in the City Council
Chambers, City Hall, Municipal Center, Virginia Beach, Virginia
23456, the undersigned will petition the Council for the
appointment of Viewers to view the hereinafter described portion of
Atlantic Avenue and report to the City Council whether in the
opinion of the Viewers, what, if any, inconvenience would result
from the vacating, closing, and discontinuance of the portion of
same. The said portion of the street being described as follows:
ALL THAT certain lot, tract or parcel of land
together with improvements thereon belonging,
lying, situate and being in the City of
Virginia Beach, Virginia, and designated and
described as the dotted area shown as
"PARCEL C PORTION OF ATLANTIC AVENUE TO BE
CLOSED AND VACATED" as shown on that certain
plat entitled, "PLAT SHOWING PROPERTIES TO BE
EXCHANGED BETWEEN CITY OF VIRGINIA BEACH AND
CAVALIER HOTEL CORPORATION VIRGINIA BEACH
BOROUGH -- VIRGINIA BEACH, VIRGINIA" SCALE 1"
= 30', DATED: JUNE 5, 1995, prepared by Rouse
- Sirine Associates, Ltd.
The aforementioned plat is currently on file
in the Real Estate Office, Department of
Public Works, Municipal Center, Virginia
Beach, Virginia 23456.
At that time, any affected person may appear and be
heard.
At the next regular meeting of the City Council after the
report of the Viewers is received, or as soon thereafter as the
matter may be placed on the Council agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the
portion of street in the City of Virginia Beach, Virginia as
described above.
CITY OF VIRGINIA BEACH,
a municipal corporation
David S. Hay, Esquire
City Attorney's Office
Municipal Center
Virginia Beach, VA 23456
(804) 427-4531
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET KNOWN AS ATLANTIC AVENUE
BETWEEN 40TH STREET AND CAVALIER DRIVE AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "PLAT SHOWING PROPERTIES TO BE
EXCHANGED BETWEEN CITY OF VIRGINIA BEACH AND CAVALIER
HOTEL CORPORATION VIRGINIA BEACH BOROUGH --VIRGINIA
BEACH, VIRGINIA" DATED JUNE 5, 1995, ATTACHED HERETO AND
MADE A PART HEREOF.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, the City of Virginia Beach, respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the petitioner applies
for the vacating, closing, and discontinuance of that certain
street, which is more specifically described as follows:
ALL THAT certain lot, tract or parcel of land
together with improvements thereon belonging,
lying, situate and being in the City of Virginia
Beach, Virginia, and designated and described as
the dotted area shown as "PARCEL C PORTION OF
ATLANTIC AVENUE TO BE CLOSED AND VACATED" as shown
on that certain plat entitled, "PLAT SHOWING
PROPERTIES TO BE EXCHANGED BETWEEN CITY OF VIRGINIA
BEACH AND CAVALIER HOTEL CORPORATION VIRGINIA BEACH
BOROUGH -- VIRGINIA BEACH, VIRGINIA" SCALE 1" =
30', DATED'. JUNE 5, 1995, prepared by Rouse -
Sirine Associates, Ltd.
2. That the City of Virginia Beach and Cavalier Hotel have
been negotiating an exchange of properties for the purpose of
realigning Atlantic Avenue. The City will exchange the portion of
Atlantic Avenue to be closed and vacated shown as "PARCEL C" on the
aforesaid plat for property owned by Cavalier Hotel shown as
"PARCEL A" and "PARCEL B" on the aforesaid plat
3. That no inconvenience will result to any persons by reason
of said closing, vacation, and discontinuance of a portion of said
street; and the petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing whether in their
opinion, what inconvenience, if any, would result from
discontinuing and closing the same.
4. That on the 4th day of August, 1995, and the llth day of
August, 1995, Notice of the presenting of this Application was
published in the Virginia Beach Sun, a newspaper of general
circulation in the City of Virginia Beach, Virginia, as evidenced
by the Affidavit and Notice attached hereto.
Respectfully submitted,
CITY OF VIRGINIA BEACH
of counsel
David S. Hay
Assistant City Attorney
Municipal Center
Virginia Beach, VA 23456
(804) 427-4531
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, David S. Hay, attorney for the City of Virginia Beach,
being first duly sworn, deposes and states:
1. That I am an attorney at law and represent the City
of Virginia Beach.
2. That on the 4th day of August, 1995, and on the llth
day of August, 1995, notice of the presenting of the application to
close a portion of that certain street known as Atlantic Avenue
between 40th Street and Cavalier Drive on behalf of the City of
Virginia Beach was published in the Virginia Beach Sun, a newspaper
of general circulation in the City of Virginia Beach, Virginia.
And further the deponent saith not.
David S.~ay
1995.
My commission expires:
Subscribed and sworn to before me this /~%~day of ~
Notary Public
CERTIFICATE OF VESTING OF TITLE
I, David S. Hay, Assistant City Attorney for the City of
Virginia Beach, Virginia, do hereby certify that:
1. I am an attorney at law and represent the City of Virginia
Beach, Virginia, the Petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia
then title to said property will vest in the Commonwealth of
Virginia, the holder of the underlying fee, based upon a commitment
for title insurance issued on July 10, 1995 to the City of Virginia
Beach addressed to David S. Hay of the City Attorney's Office. The
statement referenced above is based solely upon the commitment
letter from Pioneer Title.
The said property referred to herein is hereby described as
follows:
ALL THAT certain lot, tract or parcel of land
together with improvements thereon belonging,
lying, situate and being in the City of
Virginia Beach, Virginia, and designated and
described as "PARCEL C PORTION OF ATLANTIC
AVENUE TO BE CLOSED AND VACATED" as shown on
that certain plat entitled, "PLAT SHOWING
PROPERTIES TO BE EXCHANGED BETWEEN CITY OF
VIRGINIA BEACH AND CAVALIER HOTEL CORPORATION
VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH,
VIRGINIA" SCALE 1" = 30', DATED: JUNE 5, 1995,
prepared by Rouse - Sirine Associates, Ltd.
CITY OF VIRGINIA BEACH, VIRGINIA
BY: ~ S~H
David . ay, Assistant City Attorney
ORDINANCE APPOINTING VIEWERS
WHEREAS, the City of Virginia Beach has given due and
proper notice, in accordance with the statutes for such cases made
and provided that they will on the 22nd day of August, 1995, apply
to the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the hereinafter described
property and report in writing to the Council whether, in the
opinion of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of such portion of the hereinafter
described street, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT Robert J. Scott, David M. Grochmal, and Ralph A.
Smith are hereby appointed to view the hereinafter described
property and report in writing to the Council as soon as possible,
whether, in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of that certain
portion of Atlantic Avenue between 40th Street and Cavalier Drive
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
ALL THAT certain lot, tract or parcel of land together
with improvements thereon belonging, lying, situate and
being in the City of Virginia Beach, Virginia, and
designated and described as the dotted area shown as
"PARCEL C PORTION OF ATLANTIC AVENUE TO BE CLOSED AND
VACATED" as shown on that certain plat entitled, "PLAT
SHOWING PROPERTIES TO BE EXCHANGED BETWEEN CITY OF
VIRGINIA BEACH AND CAVALIER HOTEL CORPORATION VIRGINIA
BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA" SCALE 1" =
30', DATED: JUNE 5, 1995, prepared by Rouse - Sirine
Associates, Ltd.
Ail of the above as shown upon that certain plat entitled
"PLAT SHOWING PROPERTIES TO BE EXCHANGED BETWEEN CITY OF VIRGINIA
BEACH AND CAVALIER HOTEL CORPORATION VIRGINIA BEACH BOROUGH --
l!
--
VIRGINIA BEACH, VIRGINIA SCALE 1" - 30' DATE: JUNE 5, 1995,
which plat is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the street described
above.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 22 day of ^u§ust , 1995.
APPROVED AS TO CONTENT
O~t~ce of Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY
Department of~w
LEGAL DESCRIPTION
ALL THAT certain lot, tract or parcel of land together with
improvements thereon belonging, lying, situate and being in
the City of Virginia Beach, Virginia, and designated and
described as the dotted are shown as "PARCEL C PORTION OF
ATLANTIC AVENUE TO BE CLOSED AND VACATED" as shown on that
certain plat entitled, "PLAT SHOWING PROPERTIES TO BE
EXCHANGED BETWEEN CITY OF VIRGINIA BEACH AND CAVALIER HOTEL
CORPORATION VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH,
VIRGINIA" SCALE 1" = 30', DATED: JUNE 5, 1995, prepared by
Rouse - Sirine Associates, Ltd.
The Virginia Beach Sun
138 South Rosemont Road, Suite 209
Virginia Beach, VA 23452
affidavit
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
to w~t
Th~s day Brenda Anthony
personally appeared before me
and after being duly sworn made
oath
(1) (He) (She) ~s affidavit clerk of
a newspaper published by Byerly
Publications, ~n the c~ty of V~rg~n~a
Beach, State of V~rg~n~a,
(2) That the advertisement
hereto annexed of
David S. Hay, Esquire
has been published, ~n sa~d
newspaper on the follow~ng
dates
8-11-95
8-04 -95
19
Subscribed and swor~o before
me ~n my city and state aforesaid
th~s 10t:h dayof August
19 95
My commission expires
/- ~lotary PUC
...
'parcel of laad together wi~h ira. ~.
and de~'dbe~l as the doued area
shown as "PARCEL C POR13ON OF
ATLANTIC AVENUE TO BE
CLOSED AND VACATED"
shown on that certain plat entitled
."FLAT SHOWING PROP~ [
'CAVALIER ~ CORPORA-
TION VIRGINIA BEACH BOR- -
OUOI. I - VIROINIA BEACH. VlR-
OINIA" SCALE 1' ,, 30', DATED:.
IUN~ $. 1995. [m~lmmtby Rome-e
SitimA~oci~t~ I~
ORDINANCR NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET KNOWN AS ATLANTIC AVENUE
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING
PROPERTIES TO BE EXCHANGED BETWEEN CITY OF VIRGINIA BEACH
AND CAVALIER HOTEL CORPORATION VIRGINIA BEACH BOROUGH --
VIRGINIA BEACH, VIRGINIA" DATED JUNE 5, 1995, ATTACHED
HERETO AND MADE A PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has
been given by the City of Virginia Beach that it would make
application to the Council of the City of Virginia Beach, Virginia,
on August 22, 1995, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be
discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed, and vacated:
ALL THAT certain lot, tract or parcel of land together
with improvements thereon belonging, lying, situate and
being in the City of Virginia Beach, Virginia, and
designated and described as the dotted area shown as
"PARCEL C PORTION OF ATLANTIC AVENUE TO BE CLOSED AND
VACATED" as shown on that certain plat entitled, "PLAT
SHOWING PROPERTIES TO BE EXCHANGED BETWEEN CITY OF
VIRGINIA BEACH AND CAVALIER HOTEL CORPORATION VIRGINIA
BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA" SCALE 1" =
30', DATED: JUNE 5, 1995, prepared by Rouse - Sirine
Associates, Ltd.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
GPIN: 2418-95-5764
- 28 -
Item III-J. 8.
CONSENT AGENDA
ITEM # 39660
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Council:
RESCHEDULED, BY CONSENT, OCTOBER lOTH CITY COUNCIL
SESSION TO OCTOBER 17, 1995.
Rescheduled due to conflict with Virginia Muntctpal League (VML)
Conference in Virginia Beach, October 8-10, 1995, hosted by City of
Virginta Beach.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., HaroM tteischober, Barbara M tlenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wilham D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Vottng Nay.
None
Council Members Absent:
None
August 22, 1995
- 29 -
Item III-J. 9.
CONSENT AGENDA
ITEM # 39660
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $6,018.72, upon
application of certain persons and upon Certification of the City
Treasurer .for payment.
11-0 (By ConsenO
Council Members Voting Aye.
John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1995
- 30 -
Item III-K,
CONSENT AGENDA
ITEM # 39661
RESOLUTIONS
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in one
motion Items, L and 2 of the CONSENT AGENDA.
Item IC 1. was WITHDRAWN B Y CONSENT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay'
None
Council Members Absent:
None
August 22, 1995
- 31 -
Item III-ICl
CONSENT AGENDA
ITEM # 39662
RESOLUTIONS
Upon motion by Vice Mayor Sessoms, seconded by Councdman Jones, City Council ALLOWED
WITHDRAWAL:
Resolution re issuance of the I~rginia Beach Development Authority's
multi-family rental housing revenue bond.
Sunstates House, L.P. Not to exceed $7,300,000
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Brauch, III, Robert K Dean, Wdham W
tlarrison, Jr., HaroM Hetschober, Barbara M. Ilenley, Louts R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Nolle
Council Members Absent:
None
August 22, 1995
- 32 -
Bern III-K2.
CONSENT AGENDA
ITEM # 39663
RESOLUTIONS
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution to request the Virg#ffa Department of Transportation (VDOT)
establish a project for the improvement of the Lesner Bridge structures
over Lynnhaven Inlet (Lesner Bridges Thin-Bonded Overlay ProjecO;
and, that the City pay tts share of the total costs.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Hetschober, Barbara M tlenley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor Wilham D.
Sessoms, Jr and Loutsa M. Strayhorn
Council Members' Vottng Nay:
Nolte
Council Members Absent'
None
August 22, 1995
PROJECT PROGRAMMING RESOLUTION
LESNER BRIDGES THIN=BONDED OVERLAY PROJECT
WHEREAS, in accordance with Virginia Department of Transportation
construction allocation procedures, it is necessary that a request by Council
resolution be made in order that the Department program an urban highway project
in the City of Virginia Beach; now
THEREFORE BE IT RESOLVED, that the City of Virginia Beach, Virginia,
requests the Virginia Department of Transportation to establish a project for the
improvement of the Lesner Bridges over Lynnhaven Inlet.
BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby
agrees to pay its share of the total cost for preliminary engineering, right of
way and construction of this project in accordance with Section 33.1-44 of the
Code of Virginia, and that, if Virginia Beach subsequently elects to cancel this
project, Virginia Beach hereby agrees to reimburse the Virginia Department of
Transportation for the total amount of the costs expended by the Department
through the date the Department is notified of such cancellation.
ADOPTED THIS 22 DAY OF
CITY OF VIRGINIA BEACH, VIRGINIA
August 19 95
ATTEST
BY:
CLERK OF COUNCIL
MAYOR/CITYMANAGER
APPIJOV~ AS TO CONTENTS
DEPARTMkN J'
~PPROVED AS TO LEGAL
AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH
AND VIRGINIA DEPARTMENT OF TRANSPORTATION
The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as
VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Transportation,
hereinafter referred to as the DEPARTMENT, hereby agree as follows'
1 The DEPARTMENT will prosecute a project for the
improvement of the Lesner Bridge over Lynnhaven Inlet and
designated as Route 60, Project 0060-134-V01, M-600 and
Federal Project TB0-5403(382).
2. VIRGINIA BEACH approves the plans as designed and
requests the DEPARTMENT to submit the project w~th
recommendation that it be approved by the Commonwealth
Transportation Board/Federal H~ghway Administration and
agrees that ~f such project ~s approved and constructed by
the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own
expense, w~ll maintain the project, or have ~t maintained, ~n
a manner sabsfactory to the DEPARTMENT or ~ts authorized
representatives and w~ll make ample provision each year for
,
such maintenance.
·
VIRGINIA BEACH agrees to comply w~th T~tle VI of the C~wl
Rights Act of 1964 and the Virginia Fair Employment
Contracting Act, Section 2 1-374 through 2 1-376 of the
Code of Virginia (1950), as amended.
,
VIRGINIA BEACH agrees to comply w,th all applicable
federal, state and local rules, regulations and statutes when
work is performed on this project with municipal forces or its
agent at project expense.
5. VIRGINIA BEACH agrees that prison labor w~ll not be used
for any purpose, whatsoever on this project.
6. VIRGINIA BEACH agrees to participate in the actual cost of
this project ~n accordance with the following tabulabon,
understanding that the costs shown are estimated and the
percentages wdl be applied to actual costs
PROJECT COST
VIRGINIA BEACH'S SHARE
ITEM ESTIMATED COST %
AMOUNT
Preliminary Engineering
$ 7,000 00 100
$ 7,00000
Construction:
Federal Share
785,000.00 .4
Urban Allocation
TOTAL
305,920 95
~r
$1,097,920.95
6,118.40
$16,258.40
-2-
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the
CITY OF VIRGINIA BEACH on the day of . .. , 1995, and
the DEPARTMENT on the day of , 1995.
ATTEST:
CITY OF VIRGINIA BEACH
BY BY
CITY CLERK
CITY MANAGER
NOTE:
The official signing for the
municipality must attach a
certified copy of the authority
under which th~s agreement ~s
executed. This agreement ~s
executed in three originals.
APPROVED AS TO FORM
CITY ATTORNEY
COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF TRANSPORTATION
COMMISSIONER
-3-
- 33 -
Item III-K. 3.
RESOLUTIONS
ITEM it 39664
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, Ctty Council ADOPTED:
Resolution to establish "Hampton Roads Regional Policy on Publicly -
Funded Development Incentives and lntra-Regional Competition" as
the policy to govern the award of development incentives tn the City o]
Virgtnia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean. William W.
Harrison, Jr., HaroM tletschober, Barbara M. tlenley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent'
None
August 22, 1995
A RESOLUTION ESTABLISHING
A POLICY ON PUBLICLY
FUNDED DEVELOPMENT
INCENTIVES AND INTRA-
REGIONAL COMPETITION
10
11
12
13
14
15
16
17
18
19
WHEREAS, The Hampton Roads Planning District Commission has
developed a proposed policy to address the use of incentives to
encourage development; and
WHEREAS, the City Council wishes to adopt the proposed policy
as a guide to govern the utilization of development incentives in
the city of Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the attached "Hampton Roads Regional Policy on Publicly -
Funded Development Incentives and Intra - Regional Competition" is
hereby established as a policy which shall govern the award of
development incentives in the City of Virginia Beach.
Adopted by the Council of the city of Virginia Beach,
22 Au§ust
Virginia, on the day of , 1995.
20
21
22
23
CA-6056
ORDIN\NONCODE\ CA605. RES
R-1
PREPARED: 8 / 16 / 95
City Council Policy
Title: Hampton Roads Regional Policy on Publicly-Funded
Development Incentives and Intra-Regional Competition
!
Date of Adoption: 08/22/95 I Date of Revision:
I
,
Index Number: CP 4.01
Page I of 3
1.0 Purl)0se an<l Need
Over the past few years, concerns of unfair competition in economic development have been raised among
Hampton Roads communities. Contention arises regarding the appropriate use of publicly-funded incentives
to attract new firms and especially to induce relocation of companies from one municipality to another within
the region. At the init~ance of James Babcock, Co-Chairman of Plan 2007, the Hampton Roads Planning
District Commission (HRPDC) convened a meeting in March 1995 of the region's economic development
directors and other economic development officials to develop a proposed policy to address the use of
incentives.
2.0
PQlicY
This policy promulgates a restriction on recruiting or using incentives to relocate firms that are already present
within the region. It also recognizes the current situation which places municipalities in competition for
external prospects and states generally accepted rules of fair competition.
3.0
Procedures to Ac¢0mplish Policy
This policy recognizes that the various municipalities of a region, while involved in competition for economic
development, also share a mutual interest in managing that competition in ways that foster the region's
growth without unfairly affecting the economic interests of each other, their taxpayers, or the competitors
of parties favored by the use of publicly-funded incentives.
A.
The City's publicly-funded development incentives shall be governed by policy, and development
incentives shall be distributed on the basis of public policy criteria.
BI
Incentives shall be as limited as possible in amount, extent, and duration. Incentives in the form of
accelerated infrastructure enhancements or other normal public services are preferable to direct
subsidies.
Ce
The benefits to taxpayers and the City at large of providing incentives shall outweigh the
disadvantages to competitors whose interests may be affected. The interests of the City at large and
competitors already located in the City may be considered in providing incentives.
Title: Hampton Roads Regional Policy on Publicly-Funded Development
Incentives and Intra-Regional Competition
,
!
Date of Adoption: 08122195 I Date of Revision:
I
Index Number: CP 4.01
Page 2 of 3
3.0 Procedures to Accomolish Policy (continued)
De
Incentives provided to recruit businesses from outside the region may also be made available to firms
already located in the City if the Investment is for an expansion that will result in comparable
substantial additions to the economy and tax base. Routine growth shall not be subsidized. Incentives
may also be provided as part of the City's retention program.
E.
When a municipality within the region competes elsewhere in the country to attract new businesses
to the region, this process sometimes involves competition with neighboring municipalities for the
same prospect. In the absence of a cost/benefit sharing compact among the neighboring
municipalities, differences in incentive offers are acceptable. However, municipalities shall make their
best offers independent of one another and avoid a "bidding war' with their neighboring localities.
FI
Since the City develops some prospects on its own, neighboring municipalities shall not intervene in
the City's activities during active negotiations unless the prospect itself initiates direct contacts.
Ge
A municipality which is not successful with a prospect may refer the prospect to neighboring cities
or counties and assist in the effort to the benefit of the regional economy.
H. Virginia Beach shall not Initiate the relocation of businesses from neighboring municipalities.
The City shall not authorize real estate brokers or other intermediaries to represent to prospects that
publicly-funded incentives are generally available or to negotiate incentives on their behalf without prior
approval of the City in specific cases.
Ji
Virginia Beach shall market the positive elements and features of the City and not identify any negative
elements or features of other municipalities in the region.
Ke
Partnerships shall be encouraged between municipalities for projects which cannot be implemented by
the City acting alone.
4.0
Resoonslbilitv and Authority
The Director of the Department of Economic Development shall be responsible for ensuring compliance with
this policy.
Title: Hampton Roads Regional Policy on Publicly-Funded Development
Incentives and Intra-Regional Competition
Date of Adoption: 08/22/95 I Date of Revision:
I
Index Number: CP 4.01
Page 3 of 3
5.0
D~fini~;ion~
'Neighboring municipalities' in this policy means not just contiguous cities and counties but all those joined
with e~ch other in the common regional economy.
Approved as
to Content:
Donald L Maxwell, Director
Department of Economic Development
Date
Approved as
to Legal Sufficiency:
Reviewed by:
Spore, City Manag'~r-~
Date
Date
Item Number
Ruth Hedges Smith, City Clerk
Date
- 34 -
Item III-L.
PUBLIC HEARING
ITEM # 39665
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. TIDEWATER WESTMINISTER HOMES
RECONSIDERATION
2. CITY OF VIRGINIA BEACH
STREET CLOSURE
3. GEORGE PITSILIDES
STREET CLOSURE
4. RONALD C. RIPLEY
VARIANCE
5. JAMES C. ARCHBELL, III
VARIANCE
6. AVALON CHURCH OF CHRIST
CONDITIONAL USE PERMIT
7. AUTRONICS, INC. T/A Browning's Alternator and
Starter Exchange
CONDITIONAL USE PERMIT
8. EXTENDED STAY AMERICA, INC.
CONDITIONAL USE PERMIT
9. FIVE STAR TEXACO
CONDITIONAL USE PERMIT
10. O&R, INC.
CONDITIONAL CHANGES OF
ZONING
August 22, 1995
- 35 -
Item III-L.
PUBLIC HEARING
ITEM # 39666
PLANNING
Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council APPROVED in ONE
MOTION Items 2, 3, 4, 6, 7, and 9 of the PLANNING BY CONSENT AGENDA.
Item L. 2 was DEFERRED INDEFINITELY BY CONSENT.
Item L. 8 was DEFERRED to September 12, 1995 BY CONSENT.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis IL Jones,
Mayor Meyera E. Oberndo~ Nancy ~ Parker*, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
*Council Lady Parker ABSTAINED on Item L. 2 as she and her husband are owners of Parker Pools.
August 22, 1995
- 36 -
Item III-L. 1
PUBLIC HEARING
ITEM # 39667
PLANNING
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant
Dr. Harvey Shiflet, 2800 Shore Drive, Phone: 481-9000, spoke in OPPOSITION.
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessotns, City Council REAFFIRMED
APPROI/'~ OF JUNE 27, 1995, AS CONDITIONED (AMENDED) the Ordinance upon application
of TIDEWATER WESTMINSTER HOMES, INC., for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER WESTMIN[STER
HOME~ INC. FOR A CONDITIONAL USE PERMIT FOR A HOME
FOR THE AGED R07951971
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Westminister Homes, Inc. for
a Conditional Use Permit for a home for the aged on certain property
located at the southwest corner of Shore Drive and Sunstates Court. Said
parcel contains 1.891 acres. LYNNHAFEN BOROUGH.
The following AMENDED conditions shall be required:
2.
.
Prior to any building permit being issued, all billboards must
be removed from the site.
The construction and development to comply with renderings
submitted to City Council 8/22/95 and on file in the Department
of Planning.
Locked security rooms to be constructed, permitting secure
entrance to the elevators from the parking area.
Project will be financed and comply with federal Iow~moderate
income housing requirements for the initial 15-year period.
5. Live oak trees to remain as shown on site renderings.
Tidewater Westminster Homes, Inc, to remain the Manager
and controlling General Partner for fifteen (15) years.
Pedestrian access to commercial area to West and pedestrian
access to bikeway to South.
August 22, 1995
- 37 -
Item III-L. 1
PUBLIC HEARING
ITEM # 39667(Continued)
PLANNING
Voting: 9-2
Council Members Voting Aye:
John A. Baum, William W llarrison, Jr, tlaroId tleischober, Barbara M.
Henley, Louis R Jones; Mayor Meyera E. Oberndorf, Nancy ~ Parker,
Vice Mayor Wilham D. Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
L#twood 0 Branch, III and Robert K Dealt
Council Members Absent:
Nolte
August 22, 1995
- 38 -
Item III-L. 2.
PUBLIC HEARING
ITEM # 39668
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED
INDEFINITEL Y:
Application of the City of Virginta Beach for the dtscontinuance, closure
and abandonment of a portion of Atlantic Avenue begmnmg at the
southern boundary of Cavaher Drive and runnbtg ,7 a southerly direction
a distance of 450 feet more or less Satd parcel contains 21,938 square
feet. VIRGINIA BEACH BOROUGtt.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wilham W.
Harrison, Jr., HaroM Heischober, Barbara M. tlenley, Louis' R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D Sessoms, Jr. and
Louisa M. Strayhorn
Council Members' Voting Nay.
None
Council Members Abstaining:
Nancy IE Parker
Council Members Absent.
None
Council Lady Parker ABSTAINED as she and her husband are owner of Parker Pools'.
August 22, 1995
- 39 -
Item III-L. 3.
PUBLIC HEARING
ITEM # 39669
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, City Council AUTHORIZED
FINAL APPROVAL of the Ordinance upon application of GEORGE PITSILIDES, TRUSTEE OF THE
PITSILIDES LAND TRUST for dtscontbtuance, closure and abando,ment of porttons of Kleen Street
and Ocean Avenue.
Or&nance of George Pttsihdes, Trustee of tile Pttsihdes Land Trust for
the discontznuance, closure and abandonment of tile following parcels:
Kleen Street' Beginning at the Northwest mtersectton of Kleen Street and
Page Avenue and running in a Northerly dtrectton a dtstance of 160.49
feet.
Ocean Avenue: Beginmng at a point 190 feet more or less Northwest of
the intersection of Kleen Street and Page Avenue and runntng in an
Easterly direction a distance of 215 feet more or less,
The City Attorney distributed the ordtnance and a revised plat, which has been amended to reflect the
agreement.
Voting:
11-0 (By ConsenO
Counctl Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., tlarold Hetschober, Barbara M. tlenley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent'
None
August 22, 1995
O~.DZNA~C~ ~0,:
~HE~.FJ~, it appearing by affidavit that proper notice has been
given by George Pitsilides, Trust of the Pitsilides Land trust,
that he would apply to the Council of the City of Virginia Beach,
Virginia, on May 9, 1995, to have the hereinafter portions of Ocean
Avenue and Kleen Street discontinued, closed, and vacated;
WHE~, it is the judgment of the Council that such portion
of the Ocean Avenue and Kleen Street be discontinued, closed, and
vacated;
NOW, THER~FOP. E,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described portions of Ocean Avenue
and Kleen Street be discontinued, closed, and vacated:
ALL THAT portion of Ocean Avenue and Kleen Street located
in the City of Virginia Beach, Virginia, designated as
· Portion Of Kleen St.(Extended) Closed And Vacated" and
· Portion Of Ocean Avenue Closed And Vacated" on that
certain plat (the 'Plat") entitled "RESUBDIVISION OF
PROPERTY SHOWN ON PLAT ENTITLED 'PLAT OF PROPERTY OF
BAILEY PARKER CONSTRUCTION CORPORATION' LYNNHAVEN BOROUGH
- VIRGINIA BEACH, VIRGINIA' dated June 6, 1995, to be
recorded simultaneously herewith.
PROVIDED, HOWEVER, that the public shall have full right
of passage, solely for the purposes of pedestrian (and
not vehicular) ingress and egress over that certain
easement shown on the Plat as a dappled area and
designated "Pedestrian Access Easement hereby Dedicated
To The City Of Virginia Beach" to and from that certain
easement granted to the City of Virginia Beach for a
Public Bath Area in that certain Deed of Easement
recorded in the Office of the Clerk of the Circuit Court
of the City of Virginia Beach, Virginia, in Deed Book
2034, at page 638.
SECTION II
A certified copy of this Ordinance shall be filed in the
0[fice of the Circuit Court of the City of Virginia Beach,
Virginia, indexed in the name of the City of Virginia Beach, as
grantor.
GPlN 1580 92 9542
~ECTION III
ADOPTBD by the City council of the City
Virginia, this 22 day of August , 1995.
Virginia
Beach,
APPROVED AS 1'O CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
0
o?
THIS DEED OF EAS~KNT, made this 18th day of August, 199S, by
and between George PZTSZLIDES. Trugtee of tho Pitsilides I,~nd
Trust, Grantor, and =he CITY OF VIRGINIA BF~CH, a Municipal
Corporation of the C~nweal~h o[ Vir~[n~a,
~at, for and in considera~ion of =he e~ of T~
($10.00), cash in h~d paid, and ot~r g~ a~ ~lu~le
consideration, =he receipt of which ie her~y ac~owledged,
Or~tor does hereby sell, assign, tr~sfer, gr~= a~ convey,
~ENE~ W~ ~ ~E ~hISH ~~8 OF TITHE, to ~he
Grantee, its agents, assigns ~d successors, a pe~etual
(the ,Sasemen~") across the herei~f~er descried property ~o be
used for public passage but solely for the pu~ee of pedestrian
(and no= vehicular) ingress ~d e~ress to and from that
easement granted to the City of Vi~inia Beach for a ~lic ~th
Area in that certain Deed of Easemen~ recorded In the Office of the
Clerk of the Circuit Court of the City of virginia Beach,
in Deed Book 2034. at pa~e 638, including the right to const~ct,
reconstruct, alter, operane and ~lntain fences and wal~ays in,
upon and across the Eas~en~, includin~ the ri~h~ o~
e~ress over the s~e for such pu~oses, as more
described as ~ollows:
~1 that certain lot, tract or parcel of land
lying, situated and bein~ in the City of
Virginia Beach, Vir~inia, sho~ as the dappled
area and desi~ed and descried as:
"Pedestrian Access Eas~nt Hereby ~dica~ed
To ~e City 0f Virginia Beach' on that
certain pla~ en~itled~ "~S~D~SION
PROPER~ SH0~ ON P~T E~I~ED 'P~T OF
GPIN 1580 92 9542
ingress and
particularly
Ill'U,
PR0PBRTY OF BAXI~RY PARKSR CONSTRUCTION CORPORATION'
LYNNHAVRN BOROUGH - VIR(~INIA B~ACH, VIRGINIA" dated June
6, 1995, and recorded in the Office of the Clerk of the
Circuit Court of City of Virginia Beach in Map Book _ _
at Page ___.
The Grantor, by execution of this instrument, acknowledges
that the plans ~or the aforesaid project as they affect his
properCy have been fully explained to the undersi~ned.
It is agreed between the parties hereto Chat the Grantee and
iCs agents, assigns, and or successors shall have the right to
inspect the Rasement and to cut and clean all undergrowth and other
obstructions in and along the Easement tha~ ~ay in ~ul¥ way endanger
or interfere with the proper use of the Easement.
The Grantor agrees =hat when requested by Che Orantee. it
shall remove any fence (s), structure (s), landscaping or vehicle
parking installed or constructed in the Rasement by the ~rantor
within 48 hours of receipt of written notice requesting such
removal. Except that in an emergency~ or ~ailure Co remove after
written notice; the Grantee will remove, or have removed by others,
any impediment uo access or maintenance of the Easement and the
Grantor agrees that is responsible for replacement of said
fence(si, structure(s), landscaping or vehicle parking a= its sole
expense.
This conveyance is made subject to such reservations,
covenants, conditions, easements and restrictions, if any, duly of
record and constituting constructive notice.
WITNRSS the following signature and seal:
·
_ (SEAL)
_
George Pitsi'lides, Trustee
I;,O/t:O'd t:l,:gl Illtl ~6-Li..-OflV
--
STATE OP VIRGINIA
CITY OF VI~INIA BEACH, to wit:
-- . _, a Notary Public in and for the
Cll:y and $Ca~e aforesaid, do hereby certify that George Pl~silides,
Trustee of the Pitsil/des La~d Trust,
whose name is signed to the
foregoing Deed of Easement bearing d&te on the 18th day of August0
1995, has acknowledged the same before me in my City and Scats.
GIVEN under my hand this day of Auger, 1995.
My Commission ~xpires:
Notary Pub1
E:l :gl fli, I,L
Item IV-L. 4.
PUBLIC HEARING
ITEM # 39670
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED a
Variance upon application of RONALD C. RIPLEY to Section 4. 4(d) of the Subdivision Ordinance which
requires all lots created by subdiviszon to have &rect access to a pubhc street
Appeal from Decisions of Admimstrative officers' in regard to certain
elements of the Subdivision Ordinance, Subdivision for Ronald C. Riley.
property is located at 4150 White Acre Road BAYSIDE BOROUGH
The following conchtion shall be required.
1. Proposed Parcel 1 must connect to City sewer
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold tleischober, Barbara M. Ilenley, Louis R. Jone&
Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor Wdham D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
August 22, 1995
- 41 -
Item IV-L. 5.
PUBLIC HEARING
ITEM # 39671
PLANNING
Perry Harris, 860 E. Sparrow Road, Phone: 420-8267, registered in OPPOSITION.
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council DENIED the
Application of JAMES C. ARCHBELL, lll for a Variance to Section 4.4(b) of the Subdivision Ordinance
which requires lots created by subdivision meet all requirements of the City Zoning Ordinance.
Appeal from Decisions of Administrative officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for James C.
Archbell, III. Property is located on the north side of Bob White Lane,
west orE. Sparrow Road. KEMPSVILLE BOROUGH.
The Planning Commission recommended DENIAL, as there were no hardships proven to allow the
applicant a Variance.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K, Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1995
- 42 -
Item III-L. 6.
PUBLIC HEARING
ITEM # 39672
PLANNING
Upon motion by Vice Mayor Sessorns, seconded by Counctlman Jones, City Council ADOPTED an
Ordinance upon applicatton of AVALON CHURCH OF CHRIST for a Conchttonal Use Permit:
ORDINANCE UPON APPLICATION OF AVALON CHURCtl OF
CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH
EXPANSION (EDUCATIONAL BUILDING,S) R08951979
BE IT HEREBY O~AINED BY THE COUNCIL OF TIlE CI?Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Avalon Church of Chrtst for a Condiaonal
Use Permtt for a church expansion (educattonal buddings) on the
following parcels,
Parcel 1: Located at the northeast corner of Woodstock Road and Old
Providence Road
Parcel 2: Located on the south side of Old Provtdence Road beginning
at a point 165 feet more or less east of Woodstock Road.
Said parcels are located at 844 Woodstock Road and contatn 5.639
acres. KEMPSVILLE BOROUGtl.
The following conditions shall be required:
Approval is for the Christian Educatton Butldtng and the
Family Ltfe Center only. The approval does not include any
future additions to the Christtan Education Budding as
tn&cated on the stte plan.
A 40-foot wide vegetated buffer consisting of existing trees
shouM be retained along the North and East property lines to
separate the future Famdy Life Center from adjacent restdentzal
properttes
This Ordinance shall be effecttve in accordance with Section 107 (j) of the Zonmg Orchnance.
Adopted by the Council of the City of Virginia Beach, Virgtma, on the Twenty-second of August, Nineteen
Hundred and Nine~_ -Five.
Voting:
11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood 0 Branch, III, Robert K Dean, Wilham W
tlarrison, Jr., HaroM Hetschober, Barbara M. ttenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay.
Nolte
Council Members Absent.
None
August 22, 1995
Item III-L. 7.
PUBLIC HEARING
ITEM # 39673
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an
Ordinance upon application of AUTRONICS, INC., t/a Brown#Tg's Alternator and Starter Exchange for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF AUTRONICS, INC., T/A
BROWNING'S ALTERNATOR & STARTER EXCttANGE FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
FA CILITY R08951980
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Autronics, btc., t/A Brown#Tg's Alternator
& Starter Exchange for a Condittonal Use Permit for an automobtle
repair factlity on Lots 58 & 59, Shelton Place. Said parcel is located at
1736 Independence Boulevard and contains 12, 500 square feet. BAYSIDE
BOROUGH.
The following condition shall be required
No automotive work may be performed outstde &e bml&ng and
no outside storage of wrecked or moperattve automobtles ts
permitted.
This Ordinance shall be effective #~ accordance wtth Sectton 107 (j) of the Zonfltg Ordinance.
Adopted by the Council of the Ctty of Virgtnta Beach, Vtrgmia, on the Twenty-second of August, Nineteen
Hundred and Ninety-Five
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Robert K Dean, Wilham W
Harrison, Jr., IlaroM tletschober, Barbara M tlenley, Louts R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wilham D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent.
None
August 22, 1995
Item III-L. 8.
PUBLIC HEARING
ITEM # 39674
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council DEFERRED until
the City Council Session of September 12, 1995, Ordinance upon application of EXTENDED STAY
AMERICA, INC. fora Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EXTENDED STAY AMERICA,
INC. FOR A CONDITIONAL USE PERMIT FOR A MOTEL
Ordinance upon application of Extended Stay Atnerica, Inc. for a
Conditional Use Permit for a motel on the northeast side of Bonney Road
beginning at a point 1214 feet more or less southeast of Independence
Boulevard. Said parcel is located at 4548 Bonney Road and contains
3.385 acres. KEMPSVILLE BOROUGH.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members l/oting Nay:
None
Council Members Absent:
None
August 22, 1995
Item III-L. 9.
PUBLIC HEARING
ITEM # 39675
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, City Council ADOPTED an
Ordinance upon application of FIVE STAR TEXACO for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FIVE STAR TEXACO FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEtlICLE RENTALS
(trucks) R08951981
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIlE CIIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ftve Star Texaco for a Condittonal Use
Permtt for motor vehicle rentals (trucks) on the south stde of lndtan River
road, 350 feet west of Manatee Drive. Satd parcel ts located at 6621
Indian River Road and contains 24,750 square feet. KEMPSVILLE
BOROUGH.
The following conchttons shall be required:
1. Category VI screening ts required along the Eastern and Southern boundaries of the
site.
2. A maxtmum of 5 trucks shall be permttted on thts site at any gtven time.
3. Approval ts for a period of 2 years.
This Ordinance shall be effecttve in accordance with Sectton 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of August, Nineteen
Hundred and Ninety-Five.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Lmwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Ilarold tletschober, Barbara M. tlenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D.
Sessoms, Jr and Loutsa M Strayhorn
Council Members Voting Nay.
None
Council Members Absent
None
August 22, 1995
- 46 -
Item III-L. I O
PUBLIC HEARING
ITEM # 39676
PLANNING
Attorney Robert Jones, represented the applicant, Gary Paschang, and distributed a corrected Site Plan,
as the one contained in the Agenda was incorrect.
The following spoke for the residents in OPPOSITION:
John Jones, 2669 Edgehill Avenue, Phone: 426-6240, President - Red Mill Civic Association
John S. Waller, 4004Atlantic Avenue, Phone. 425-5067, submltted petittons from resMents in Opposition.
A MOTION was made by Councilman Dean, seconded by Vice Mayor Sessoms to DENY Applications of
0 & R, INC., for Conditional Changes of ZonbTg District Classificatums (PRINCESS ANNE BOROUGH):
Upon SUBSTITUTE MOTION by Councilman Jones. seconded by Councilman Harrison, City Council
DEFERRED UNTIL SEPTEMBER 12, 1995 CITY COUNCIL SESSION the Applications of 0 & R,
INC., for Conditional Changes of Zoning Dwtrtct Clas¥iftcatlon
ORDINANCE UPON APPLICATION OF 0 & R, INC. FOR A
CONDITIONAL CHANGE OF ZONING CLASSIFICATION FROMAG-1
to R-lO
Ordinance upon apphcation of 0 & R, Inc, for a Conditional Change of
Zoning District Classification from AG-1 Agricultural District to
Conditional R-lO Restdential District on certain property located 600
feet north of Painters Lane begvming at a point 150 feet east of Kerr
Drive. The proposed zoning classification change to R-lO is' for single
family residential land use on lots' no less than 10,000 square feet. The
Comprehensive Plan recommends use of this parcel for suburban medium
density residential at densities that are compatible with single family use
bt accordance with other Plan policies Said parcel contains 1.4329
acres. PRINCESS ANNE BOROUGtl.
AND,
ORDINANCE UPON APPLICATION OF 0 & R, INC FOR A
CONDITIONAL CttANGE OF ZONING CIMSSIFICAIION FROMAG-2
TO R-lO
Ordinance upon application of 0 & R, btc., for a Conditional Change of
Zoning District Clasmficatton from AG-2 Agricultural District to
Conditional R-10 Residential District on certain property located on the
north and south sides of Painters La, e begmmng at a pomt 520 feet
more or less east of TownfieM Lane. The proposed zomng classification
change to R-lO ts for single family residential land use on lots no less
than I0,000 square feet The Comprehensive Plan recommends use of this
parcel for suburban medium density residential at densities that are
compatible with single family use vt accordance with other Plan pohcies
Said parcels' contabt 6.4785 acres PRINCESS ANNE BOROUGH
This DEFERRAL will enable consideration of Amending application to R-15 Residential District.
August 22, 1995
- 47 -
Item III-L. I O
PUBLIC HEARING
ITEM # 39676 (Continued)
PLANNING
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Wilham W. tlarrtson, Jr.,
HaroM Heischober, Louis R. Jones and Louisa M Strayhorn
Council Members Voting Nay:
Robert I~ Dean, Mayor Meyera E Oberndorf, Nancy K. Parker and Vice
Mayor William D. Sessoms, Jr.
Council Members Abstaining:
Barbara M. Henley
Council Members Absent'
None
Council Lady Henley ABSTAINED as Mrs. Paschang and other family members' are former employees
of the Henley's.
August 22, 1995
- 48 -
Item III-M. 1./2.
APPOINTMENTS
ITEM# 39677
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ADVERTISING AGENCY SELECTION COMMITTEE
COMMUNITY SERVICES BOARD
August 22, 1995
- 49 -
Item III-M. 3.
APPOINTMENTS
ITEM # 39678
Upon NOMINATION by Vice Mayor Sessoms, Ctty Council REAPPOINTED:
DEVELOPMENT AUTHORITY
4-Year Terms
9/1/95 - 8/31/99
F. Dudley Fulton
David A. King, Jr.
Voting. 10-0
Council Members Voting Aye'
Linwood O. Branch, III, Robert ~ Dean, Wilham W. Harrtson, Jr.,
Harold Hetschober, Barbara M. tlenley, Louts R Jone& Mayor Meyera
E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
John A. Baum
August 22, 1995
- 50 -
APPOINTMENTS
ITEM # 39679
Upon NOMINATION by Vice Mayor Sessoms, City Counctl REAPPOINTED:
PARKS AND RECREATION COMMISSION
3-Yr. Terms
9/1/95 - 8/31/98
James ~,t. Cutchins
Lillie R. Gilbert
Robert G. Hicks
Voting: 11-0
Council Members Voting Aye
John A. Baum, L#twood O. Branch, III, Robert K Dean, William W.
Harrison, Jr, tlarold Hetschober, Barbara M Ilenley, Louts R. Jones,
Mayor Meyera E. Oben, dorf, Nancy K Parker, Vice Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1995
- 51 -
Item III-M. 5.
APPOINTMENTS
ITEM # 39680
Upon NOMINATION by Vice Mayor Sessoms, Ctty Councd REAPPOINTED:
PUBLIC LIBRARY BOARD
3-Year Terms
9/1/95 - 8/31/98
Crisanto D. Romero
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold tteischober, Barbara M. tlenley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
August 22, 1995
- 52 -
Item III-M. 6.
APPOINTMENTS
ITEM # 39681
Upon NOMINATION by Vice Mayor Sessoms, Oty Council APPOINTED:
WETLANDS BOARD
5-Year Terms
10/1/95 - 9/30/2000
Charlotte H. Purkey
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Lbtwood O. Branch, III, Robert K Dean, Wilham ~
Harrison, Jr., Harold Hetschober, Barbara M tlenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D.
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
None
August 22, 1995
- 53 -
Item III-M.Z
APPOINTMENTS
ITEM # 39682
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
Douglas' Wayne Huston
Unexpired thru 12/31/97
Voting: 11-0
Counctl Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert K Dean, Wtlliam W.
tlarrison, Jr, tlarold Hetschober, Barbara M Ilenley, Louts R Jones,
Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Vottng Nay:
None
Council Members Absent.
None
August 22, 1995
- 54 -
Item III-0.1.
NEW BUSINESS
ITEM # 39683
COUNCIL-SPONSORED ITEMS
Upon motion by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Council DEFERRED
INDEFINITEL Y:
Ordinance to TRANSFER $17,000 from the FY 1995-1996 Operating
Budget General Fund Reserve for Contmgenctes to the Community
Organization Incentive (;rant (COIG) Program re addttional fund#tg for
the Child Abuse Center of Hampton Roads, (Total Grant. $30,000)
(Sponsored by Mayor Meyera E. OberndorJ)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I(2 Dean, William W.
Harrison, Jr., HaroM Hetschober, Barbara M Itenley, Louts R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr and Loutsa M. Strayhorn
Counctl Members Voting Nay:
None
Council Members Absent:
IVo n e
August 22, 1995
Item lll-O.l.b.
NEW BUSINESS
ITEM # 39684
COUNCIL-SPONSORED ITEMS
The following spoke in SUPPORT of the Ordinances:
Henry Richardson, 2800 Pacific Avenue, Phone: 428-2203, President - Virginia Beach Hotel/Motel
Association.
Bill Orth, 925 Avatar Drive, Phone: 721-6281, represented the Virginia Beach Hotel/Motel Board of
Directors
The following registered in OPPOSITION:
Maxine C. Graham, 3054 South Sandpiper Road, Phone: 721-3000
James Capps, 940 Cardinal Road, Phone: 428-4099, representing self and property
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Dr. Harvey Shiflet, 2800 Shore Drive, Phone: 481-9000,
Ordinances re transient lodging tax rate and the City's Tourism
Advertising Program: (Deferred July 11, 1995 and August 1, 1995)
(Sponsored by Councilman Linwood O. Branch III):
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council:
ADOPTED, AS AMENDED:
AMEND and REORDAIN Section 35-159 of the City Code by
increasing the transient lodging tax rate by $1.00 per night for lodging
at any lodging place other than a campground.
*Establish the Virginia Beach Advertising Advisory Committee.
*The voting members shall be increased to eight (8) members. A
representative of the cottage industry is to be included.
The following verbiage shall be added after the delineation of the (8)
voting members.
"In the event either of the aforementioned Presidents or the
aforementioned Chairman is unable to serve on the committee, the Vice-
President or Vice-Chairman shall serve in his or her stead. In the event
both the President and Vice-President, and/or the Chairman and Vice-
Chairman, are unable to serve on the committee, the governing body of
the appropriate organization shall designate a representative to serve on
the Committee."
**Establish the Tourism Advertising Program Special Revenue Fund.
**Section 7, Page 2 and 3 shall be AMENDED to read as follows:
Notwithstanding any provision herein to the contrary, in the event City
Council appropriates an amount to the Advertising Program that is less
than the amount of estimated revenues available to the Fund, those
revenues representing the difference between the amount appropriated to
the Advertising Program and the amount available to the Fund shall be
appropriated to CIP Project No. 2-255 (Conference/Convention Facility
Expansion Planning).
AND, ADOPTED:
Ordinance to appropriate $1,435,200 of revenue from the additional
$1.00 per night transient lodging tax.
August 22, 1995
- 56 -
Item 111-0.2.
NEW BUSINESS
ITEM # 39684 (Continued)
COUNCIL-SPONSORED ITEMS
Voting: 9-2
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Wilham W. Harrison, Jr., tlarold
Heischober, Barbara M. tlenley, Louis R. Jone& Mayor Meyera E.
Oberndorf, Vice Mayor Wdliam D. Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
Robert K Dean and Nancy K. Parker
Council Members Absent'
None
August 22, 1995
1 Requested by Councilmember Linwood O. Branch, III
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-159 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO TRANSIENT LODGING TAX
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-159 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Bec. 35-159. Levied; amount.
(a) There is hereby levied and imposed on each transient a tax
equivalent to five and one-half (5.5) percent of the total amount
paid for lodging, by or for any such transient, to any lodging
place=, plus a flat tax of one dollar ($1.00) for each night of
lodginq at any lodging place other than a campground. This The
percentage-based portion of the tax rate is effective January 1,
1993, and shall remain in effect until May 1, 1997, at which time
it shall be reduced by one-half (0.5) percent. The flat tax is
effective September 1, 1995, and shall remain in effect until June
30, 1997.
(b) There is hereby levied and imposed on each transient
within the Sandbridge Special Service District (district) a tax, in
addition to that levied in subsection (a) hereof, equivalent to two
(2) percent of the total amount paid for lodging within the
district, by or for any such transient to any lodging place,
excluding hotels, motels and travel campgrounds. The additional
tax rate is effective January 1, 1995, and shall remain in effect
until January 1, 1996, at which time the additional tax rate shall
be four (4) percent.
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This Ordinance shall become effective immediately upon its
adoption.
Adopted by the City Council of the City of Virginia Beach on
this 22 day of Au§ust 1995.
CA-5972
DATA/ORDIN/PROPOSED/35-159. LIN
R2 - AUGUST 22, 1995
I II [ II
APPROVED AS TO
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Requested by Councilmember Linwood O. Branch, III
AN ORDINANCE APPROPRIATING $~,435,200 IN
REVENUES FROM THE ADDITIONAL ONE DOLLAR PER
NIGHT TRANSIENT LODGING TAX TO SUPPLEMENT THE
CITY'S ADVERTISING AND 14ARKETING BUDGET
WHEREAS, to supplement the City's advertising and
marketing budget, City Council has established a flat transient
lodging tax of one dollar for each night of lodging at any lodging
place other than a campground ("Flat Lodging Tax");
WHEREAS, with an effective date of September 1, 1995, the
Flat Lodging Tax is expected to generate an additional $1,435,200
in revenues in FY 1995-96; and
WHEREAS, the additional revenues generated by the Flat
Lodging Tax, along with other advertising and marketing related
revenues, is to be recorded in the Tourism Advertising Program
Special Revenue Fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $1,435,200 in additional revenues generated by
the Flat Lodging Tax in FY 1995-96 be appropriated to the Tourism
Advertising Program Special Revenue Fund; and
2. That the appropriations be offset by an equivalent
increase in estimated revenues from the Flat Lodging Tax.
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Adopted by the Council of the City of Virginia Beach,
Virginia on the 22 day of Au§ust , 1995.
CA-6014
ORDIN\NONCODE \ LODGTAX. ORD
R-2
PREPARED: 07 / 17 / 95
APPROVED AS TO CONTENT
Management Services ~
APPROVED AS TO LEGAL
Requested by Councilmember Linwood O. Branch, III
AN ORDINANCE ESTABLISHING THE
VIRGINIA BEACH ADVERTISING ADVISORY
COMMITTEE
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WHEREAS, tourism is extremely important to the financial
strength and stability of the City of Virginia Beach;
WHEREAS, in order to ensure the continued viability of
the City's tourist industry, the City expends several million
dollars annually for advertising;
WHEREAS, the current strength of the City's tourist
industry is due, in large part, to the diversity of organizations
in the City which have consistently exhibited a keen interest in
the continued strength of the industry; and
WHEREAS, input from these organizations would greatly
assist the City in the development of new advertising and marketing
initiatives and strategies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That there is hereby created the Virginia Beach
Advertising Advisory Committee (the "Committee");
2. That the Committee shall be comprised of the
following eight (8) voting members:
a. The President of the Virginia Beach Hotel and
Motel Association (the "Association");
b. Four (4) additional representatives of the
Association to be designated by the Association's Executive
Committee;
c. The President of the Virginia Beach Chapter of
the Virginia Hospitality Travel Association/Restaurant Division;
d. The Chairman of the Resort Leadership Council;
and
e. A representative of the cottage industry to be
designated by the City Manager.
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In the event either of the aforementioned Presidents or the
aforementioned Chairman is unable to serve on the Committee, the
Vice-President or Vice-Chairman shall serve in his or her stead.
In the event both the President and Vice-President, and/or the
Chairman and Vice-Chairman, are unable to serve on the Committee,
the governing body of the appropriate organization shall designate
a representative to serve on the Committee.
In addition, the following persons shall serve on the
Committee in an ex-officio (non-voting) capacity:
a. The Councilmember from the Virginia Beach
Borough;
b. The Director of the City of Virginia Beach
Department of Convention and Visitor Development;
c. The Executive Director of the Virginia Beach
Hotel and Motel Association; and
d. A representative of the City's advertising
agency as designated by the agency.
3. That the purpose of the Committee shall be to review
the City's advertising budget and marketing strategy, and to make
recommendations to the Director of the Department of Convention and
Visitor Development regarding appropriate advertising and marketing
initiatives and strategies designed to foster and stimulate the
growth of tourism within the City. In addition, on or before
February 15, 1996, the Committee shall prepare and submit to the
City Manager, for his review and consideration, a recommended
budget for the Tourism Advertising Program Special Revenue Fund for
fiscal year 1996-97 provided that such recommended budget shall not
exceed the estimated revenues available to such Fund as determined
by the Department of Management Services.
4. That the Committee shall meet at least quarterly and
may submit periodic reports and recommendations to the Director of
the Department of Convention and Visitor Development, as it deems
appropriate. A final, annual report of the recommendations of the
Committee shall be submitted to the Director on or before December
31 of each year.
5. That the Committee shall expire on June 30, 1997.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22 day of August , 1995.
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CA-5980
ORDIN \NONCODE \ADVERLIN. ORD
R-3
PREPARED: 08 / 23 / 95
APPROVED AS TO LEGAL
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Requested by Councilmember Linwood O. Branch, III
AN ORDINANCE ESTABLISHING THE TOURISM
ADVERTISING PROGRAM SPECIAL REVENUE FUND
WHEREAS, City Council has amended section 35-159 of the
City Code by adding a flat tax of one dollar for each night of
lodging at any lodging place other than a campground ("Flat Lodging
Tax"), with the proceeds to be used for the purpose of increasing
the City's budget for its advertising and marketing program
("Advertising Program");
WHEREAS, City Council desires that the proceeds from the
tax be budgeted and financially reported in such manner as to
permit the separate display of revenues and expenditures; and
WHEREAS, City Council has established the Virginia Beach
Advertising Advisory Committee whose purpose is (i) to review the
City's advertising program and marketing strategy, (ii) to make
recommendations to the Department of Convention and Visitor
Development regarding advertising and marketing initiatives and
strategies designed to foster and stimulate the growth of tourism
within the City, and (iii) on or before February 15, 1996, to
prepare and submit to the City Manager, for his review and
consideration, a recommended budget for the Tourism Advertising
Program Special Revenue Fund for fiscal year 1996-97 which does not
exceed the estimated revenues available to such Fund as determined
by the Department of Management Services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the City Manager is hereby authorized and
directed to establish a Tourism Advertising Program Special Revenue
Fund (the "Special Revenue Fund") to account for revenues and
expenditures, including inter-fund transfers related to the
Program. All revenues received in the General Fund that are
related to the Special Revenue Fund shall be annually appropriated,
and transferred from the General Fund to the Special Revenue Fund
on a monthly basis in accordance with appropriate governmental
accounting procedures;
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2. That revenues received from the Flat Lodging Tax
shall be received and appropriated to the Special Revenue Fund for
use in the Advertising Program, except that such funds generated by
lodging places (other than hotels, motels, and travel campgrounds)
located in the Sandbridge Special Service District area shall be
used to supplement the financing of beach and shoreline management
and restoration in such District;
3. That in addition to the Flat Lodging Tax, revenues
from one cent of the percentage-based portion of the transient
lodging tax and one-half cent of the restaurant meal tax received
into the General Fund shall be transferred and appropriated to the
Special Revenue Fund for use in the Advertising Program; and
4. That the City Manager is hereby authorized to make
adjustments to the appropriations and revenues of the FY 1995-96
Operating Budget to institute the formation of the Special Revenue
Fund;
5. That, beginning July 1, 1996, the City Manager is
hereby authorized and directed to cause the Special Revenue Fund to
be budgeted in the operating budget, and to display an overall
summary of the revenues and expenses of the Advertising Program;
6. That it is the intent of City Council that the
Special Revenue Fund be utilized for the Advertising Program for
advertising, promotion, marketing, and related activities including
the operation of the Visitor Information Center to promote and
increase tourist visitation to this City. It is the further intent
of Council that the integrity of the Special Revenue Fund be
maintained. Changes by Council will be made in consultation with
the City Manager and the Virginia Beach Advertising Advisory
Committee; provided, however, that final authority for current and
future appropriations to the Fund shall rest exclusively with the
City Council.
7. Notwithstanding any provision herein to the
contrary, in the event City Council appropriates an amount to the
Advertising Program that is less than the amount of estimated
revenues available to the Fund, those revenues representing the
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difference between the amount appropriated to the Advertising
Program and the amount available to the Fund shall be appropriated
to CIP Project No. 2-255 (Conference/Convention Facility Expansion
Planning).
BE IT FURTHER ORDAINED:
That subject to annual appropriations, and to the
provisions of this ordinance, the following revenue sources will be
used to pay the costs of the Advertising Program:
1. One (1) cent of the total five and one-half (5-1/2)
cents percentage-based portion of the transient lodging tax,
effective July 1, 1995;
2. One-half (1/2) cent of the total four and one-half
(4-1/2) cents restaurant meal tax, effective July 1, 1995;
3. A flat tax of one dollar ($1.00) for each night of
lodging at any lodging place other than a campground, with the
exception of those additional revenues generated by lodging places
(other than hotels, motels, and travel campgrounds) located in the
Sandbridge Special Service District area, effective September 1,
1995; and
4. Revenues produced by and in support of the Visitor
Information Center.
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Adopted by the Council of the City of Virginia Beach,
Virginia on the 22 day of Au§ust
, 1995.
CA-6015
ORDIN~NONCODE ~TOURFUN . LIN
R-2
PREPARED: 08/23/95
APPROVED AS TO LEGAL
· .--t~partm~t of Law
- 57 -
Item lll-O.c,
NEW BUSINESS
ITEM # 39685
COUNCIL-SPONSORED ITEMS
Michael Benedetto, 3920 Whispering Oaks Place, Phone: 454-5766, Executive Vice President -
Tidewater Fibre Corporation, addressed concerns relative RFP No. 6033. The contract with New England
CRINC required a minimum tonnage requirement of 1700 tons per year. If Virginia Beach did not meet
that requirement, it would be forced to pay New England CRINC $75.00 per ton for every ton below 1700.
In the last two years New England CRINC has received almost $90,000 as minimum tonnage requirements
were not met. Family recycling centers, such as his, are being forced to compete with a large out-of-
town processor. Mr. Benedetto was also concerned the CRINC agreement reflects the regional plans of
SPSA, of which Virginia Beach is a member Mr. Benedetto is requesting the City have a written bidding
process with an established length of time.
Mr. Wade Kyle, Administrator - Solid Waste, advised with the proposal the City willl experience going
from a cost this year of $144,000 to a net revenue for the upcoming year of $182,625. Tidewater Fibre
will have every opportunity to provide quotes on the newspaper. There is a very limited number of bidders
who have the capability to haul and process newspapers. As the price fluctuates on the newspapers, the
staff wishes to go with phone bids versus written, so they will not be locked into a certain fee New
England CRINC was not given any land at the landfill. There are no City employees working at CRINC
and the scales are utilized for the City's protection to afford a "checks and balances" system. The City
did not pay for power at the CRINC facility. Mr. Kyle requested they proceed with the bid which reflects
a major discrepancy between the low bidder and the high bidder by almost four times as much, the high
bidder being Tidewater Fiber.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council:
AUTHORIZED CITY MANAGER TO CONTINUE BID PROCESS on
the RECYCLING CONTRACT BID PROCESS - (Sponsored by
Councilman Robert IC Dean)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Robert IC Dean
Council Members Absent:
None
August 22, 1995
- 58 -
ADJOURNMENT
ITEM #39686
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 1:00 A.M.. Wednesday, Aprtl
23, 1995.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
August 22, 1995