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HomeMy WebLinkAboutNOVEMBER 28, 1995 MINUTESCity oI' Vit-gi ia ! eacla "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Ldrge JOHN A BAUM, Bl~kw,~t~ Borough LINVv'OOD 0 BRANCH !11 V,rgmta B~ach ROBERT K DEAN, P.~e~ Anne Borough ~/ U/ HARRISON JR. Lynnhaven lkm~gh HAROLD HEISCHOBER At-I~,rge BARBARA M HENLEY, Pu.go Borough LOUIS R ]ONES Bay.de Borough NANCY K PARKER, At-Large LOUISA M STRAYHORN, Kempmll~ JAMES K SPORE C,ty Manager LESLIE L LILLEY C,ty Attorney RUTH HODGES SMITH CMC / AAE C,ty Clerk O,e OUR N~.'~O 281 CIT3 HALL BUILDING MUNICIPAL CE~4TER VIRGINIA BEACll VIRGINIA 234~6 18041 427 4101 November 28, 1995 I. CITY MANAGER'S BRIEFINGS - Conference Room - 3'00. PM ae Be Ce LAKE TRASHMORE WATER QUALITY SAMPLING John W. Herzke, City Engineer MOUNT TRASHMORE DISTRICT PARK RENOVATIONS Susan D. Walston, Director, Parks and Recreation INTERIM FINANCIAL REPORT Patricia A. Phillips, Director, Finance II. AGENDA REVIEW SESSION ae Be REVIEW OF AGENDA ITEMS CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 5:30 PM ae Be Ce CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend Robert Lundquist Good Samaritan Episcopal 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 1. INFORMAL & FORMAL SESSIONS 2. SPECIAL FORMAL SESSION November l4, 1995 November21, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H· CONSENT AGENDA The Consent Agenda will be determined during the Agfnda Revifw Sfssion and considered in the ordinary course of business by City Council to be enacted by one I · PRESKNTA?ION I · CONVEYANCE OF DeWITT PROPERTY TO THE CITY OF VIRGINIA BEACH C. Mac Rawls, Director, Virginia Marine Science Museum J· PUBLIC HEARING i · PROPOSED SITE FOR SOCIAL SERVICES/HEALTH DEPARTMENT BUILDING ROSEMONT COMMERCE PARK (Intersection of Rosemont Road/Sentara Way) K· ORDINANCES i · Ordinance to ACCEPT and APPROPRIATE a $5,000 Grant to the Virginia Beach Police Department from the Commonwealth of Virginia, Department of Motor Vehicles (DMV) re implementation of bicycle programs. · Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Nathan and Deborah H. Segal re construction and maintenance of a boat lift and catwalk into the lake. Deferred: November 7, 1995 · Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Viking Drive to Milcom Systems Corporation, re placement of buried cable· 0 Ordinance to authorize the City Manager to enter into a contract on behalf of the City with Barker Campbell and Farley re the City's advertising and public relations accounts. · Ordinance to grant to Virginia Electric and Power Company, its successors and assigns, the right and privilege to use and occupy the streets, alleys and other public places of the City of Virginia Beach for the purpose of supplying, distributing, transmitting and selling electric current for light, heat and power; and, the right and privilege to construct, maintain and operate poles, wires, cables, conduits and other facilities for the aforesaid purposes· 6. Ordinance to authorize tax refunds in the amount of $1,693.34. · Ordinance to authorize license refunds in the amount of $14,510.58. 7. Applications of CITY OF VIRGINIA BEACH: ae AMEND the City Zoning Ordinance re B-3A Pembroke Central Business Core Zoning District -- Section 102(a) to establish B-3A District Section 111 re definitions "Outdoor Cafe" and "Outdoor Plazas" Section 203 re parking requirements Article 2, ADD Sections 233.01, 239.01 and 239.02 re conditional use permit requirements for multi- family dwellings, outdoor cafes and outdoor plazas Sections 900, 901, 902, 903, 904 and 905 re Legislative intent, urban uses, building dimensional requirements, screening, buffering, height and sign regulations. AMEND Section 5.6 of the Subdivision Regulations re wider sidewalk widths. be Floodplain Regulations: REPEAL Article 12; and, AMEND Sections 238 (1)(b) and 240(a) of the City Zoning Ordinance AMEND Section 5B of the Site Plan Ordinance ADD Section 6.1(m) to the Subdivision Ordinance Recommendation: APPROVE ALL APPLICATIONS M. APPOINTMENTS SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SEVAMP TRANSPORTATION SAFETY COMMISSION Ne UNFINISHED BUSINESS 1. REFERENDUM BALLOT QUESTION Oe NEW BUSINESS 1. ABSTRACT OF VOTES -- November 7, 1995 General Election me 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) fl fl fl fl * * * fl fl MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 21, 1995 Mayor Meyera E. Oberndorf called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall Building, on Tuesday, November 21, 1995, at 4:20 P.M. City Council had previously attended: BRIEFING AND LUNCH 01~ DOMINION~NORFOLK S TA TE UNIVERSITY HIGHER EDUCATION CENTER WORKSHOP TRT LIGHT RAIL WORKSHOP THE FARMER'S MARKET Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None -2- Item III. b. ITEM # 40037 The Mayor read the C~4LL TO SPECIAL FORMAL SESSION: "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the City Charter, Section 3.06~ the City Code, Section 2-21, and by the authority vested in me as Mayor of the City, I hereby call a SPECIAL FORMAL and EXECUTIVE SESSION of the FIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, November 21, 1995, at 4:00 P.M., for the following purposes: Consideration of lmprovements to Princess Anne High School. Revised Reconciliation Agreement with Schools. Sincerely, s/Meyera E. Oberndorf Mayor" November 21, 1995 -3- Item III-D. ITEM # 4OO38 The following registered to speak in FAVOR of the Ordinance: Dan Arris, 680 Thalia Point Road, Phone: 340-2036, Committee Member - Operation Phoenix Tina Lenharg 704 Prince Charles Lane, Phone: 463-0393, Co-Chairman - Operation Phoenix Colonel Bob Engesser, USMC RetcL, 5290 Vestry Drive, Phone: 499-3157 Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000, expressed support of Operation Phoenix and concern re the School Board Deficit. Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council AI~PTED: Ordinance to establish Project #1-199 Princess Anne High School Repair and Expansion and to transfer $1,500,000 to the project for repairing and expanding the present school. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 21, 1995 AN ORDINANCE TO ESTABLISH PROJECT #1-199 PRINCESS ANNE HIGH SCHOOL REPAIR AND EXPANSION AND TO TRANSFER $1,500,000 TO THE PROJECT FOR REPAIRING AND EXPANDING THE PRESENT SCHOOL WHEREAS, a fire has severely damaged Princess Anne High School; WHEREAS, students, parents, and teachers have identified additional · expansion needs for the cafeteria, library, and art instruction areas of the school at a total cost of $1,500,000; WHEREAS, making the improvements concurrent with repairing damages due 10 to the fire will be cost efficient; 11 WHEREAS, the School Board supports providing the additional funding to allow for expansion of certain areas of the school from within existing CIP appropriations; WHEREAS, the additional amount needed for the improvements is available through a transfer of funds from Project #1-006 Various School Site Acquisition. 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 1'/ That project #1-199 Princess Anne High School Repair and Expansion is hereby established as a capital project; That funds in the amount of $1,500,000 be transferred from Project #1-006 Various School Site Acquisition to Project #1-199 Princess Anne High School Repair and 21 22 Expansion to allow for expansion of the cafeteria, library and to provide additional space for art classes. This ordinance shall be effective on the date of its adoption. 24 Adopted by the Council of the City of Virginia Beach, Virginia on the ~-s 14 day of November , 1995. Ap~ent ~)ep~r~'ment (~f Management Services APPROVED AS TO LEGAL SUFFICIEN' · -4- Item III-E. ITEM # 40039 The City Manager advised relative the Reconciliation Agreement (Revised) with Schools, the School Board is still considering this agreement. BY CONSENSUS, City Council DEFERRED: RECONCILIATION AGREEMENT (REVISED) WITH SCHOOLS As City Council returned to the Conference Room for a Briefing re the Five Year Forecast: "Expectations Versus Reality ", the City Manager received the following message from the School Board: "The School Board just voted to direct the School Superintendent to work with the City Manager to develop a more detailed Consolidation Plan to present at a workshop to be scheduled for 6:00 P.M., December 12, 1995." November 21, 1995 -5- Item III-H. ADJOURNMENT ITEM # 39692 Mayor Oberndorf DECLARED the City Council SPECIAL SESSION ADJOURNED at 5:08 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After Adjournment, City Council RECONVENED the WORKSHOP in the City Council Conference Room for the Briefing re the Five-Year Forecast by E. Dean Block, Director - Management and Budget November 21, 1995 MINUTES VIRGINIA BEACH CITY COUNCIL V~rginia Beach, Virginia November 28, 1995 Vice Mayor Sessoms called to order the CITY MANAGER'S BRIEFING RE LAKE TRASHMORE WATER QUALITY SAMPLING of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, November 28, 1995, at 3:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf [ATTENDING NATIONAL LEAGUE OF CITIES IN PHOENIX,, ARIZONA William W. Harrison, Jr. Louisa M. Strayhorn [ENTERED: 3:35 P.M.] [ENTERED: 6:29 P.M./FACILITATOR AT SENTARA FORUM] -2- CITY MANAGER'S BRIEFING LAKE TRASHMORE WATER QU~4LITY SAMPLING ITEM #40O41 3:00 P.M. John Herzke, City Engineer, advised the Staff was requested to commence water quality sampling at ~ Trashmore. This was begun in the Summer of 1994. Smith, Demer, Normann, was selected as consultants. ,4 copy of the Monitoring Program was distributed to City Council and is hereby made a part of the record. Wade Malhotra, Consultang advised Mount Trashmore Lake was closed for recreational purposes in 1991 due to high levels of Fecal Coliform bacteria. Eight locations were chosen around the Lake to measure the levels of fecal coliform. Four locations were near Edwin Drive, three in the middle and one near the ou(fall of the Lake. These locations were monitored every two weeks for a year from July 1994 to July 1995; thereby, capturing all the seasons and their affect on the fecal coliform. Parks and Recreation and Public Works staff assisted in retrieving the samples. The lab analysis was performed by the Hampton Roads Sanitation District Lab. The depth of the Lake varies from approximately two feet around the shoreline to approximately eighty feet in the middle. The Lake holds about ll6-Million Gallons of water. In all surface waters, the fecal coliform bacteria shall not exceed a geometric mean of 200 fecal coliform bacteria per 100 ml of water for two or more samples over a 30-day period or a fecal coliform bacteria level of 1000 per 100 mi. at any time. The Fecal Coliform sampling results determined the levels were very low during certain periods (for one full month in summer and winter). If the City desired same for recreational purposes, the Ixtke could have been utilized. One of the reasons for the low levels was there was a drought from August to September 1994. Fecal Coliform bacteria does not thrive during winter months. An analysis of Fecal Streptococcus (animal wastes) was performed The same correlation existed being low in the summer and winter months. The majority of the time levels were low and this indicated the Lake was performing its job as a storm water management facility. It is a pollution prevention, structural facility. Mr. Malhotra displayed a chart indicating the ratio of the Fecal Coliform and Fecal Streptococcus sampling results. LONG TERM TREATMENT OPTIONS CHEMICAL AGENTS Phenol and Phenolic Compounds Alcohols Iodine Chlorine and its Compounds Bromine Ozone Soaps and Synthetic Detergents Hydrogen Peroxide PHYSICAL AGENTS Heat Light- Ultraviolet MECHANICAL MEANS Coarse Screens Fine Screens Grit Chambers Plain Sedimentation Chemical Precipitation Tricking Filters Activated Sludge Gamma Rays Cobalt RADIATION RANGE IN TOTAL ANNUALIZED COSTS ($1000) FLOW RATE I MGD UV IRRADIATION 19.6-106 CHLORINATION/ DECHLORINATION November 28, 1995 CITY MANAGER'S BRIEFING LAKE TRASHMORE WATER QU~4LITY SAMPLING ITEM 1140041 (Continued) RANGE IN TOTAL ANNUALIZED COSTS ($1000) FLOW RATE 1.42 MGD UV IRRADIATION 27.8-150.5 CHLORINATION/ DE CHL ORINA TION 232.9-292.5 NON-POINT SOURCE CONTROL OPTIONS Redirect the Runoff From the Shoreline Away form the Lake Construct Best Management Practices (BMP'S) Biofiltration Swales Water Quality Inlets Stabilize Shoreline with Vegetation and Wetlands Install Turbidity Curtain Install Aerators ESTIMATED COST: $488,000 Mark Johson, NPDES Co-Ordinator, cited the RECOMMENDED STRATEGIES: Perform Storm Water Drainage System Dry-Weather Screening to remove illicit discharges and continuous monitoring of the Lake for Fecal Coliform Levels. Implement Non-Point Source Prevention Program By: Construct BMPS, like Biofiltration Swales and Water Quality Inlets, around the Periphery of the Lake Stabilize the Banks and construct Wetlands buffer around the Lake. Install a Turbidity Curtain to create a containment area for Disinfection treatment. Implement illegal cross-connection inventory. Install Fixed or Floating Fountain Aerators in the Lake. Establish a Watershed Wide Educational Program to reduce non-point source pollution. November 28, 1995 -4- CITY MANAGER'S BRIEFING LAKE TRASHMORE WATER QUALITY SAMPLING ITEM 840041 (Continued) Frank Scanlon, Environmental Health Manager, Virginia Department of Health, advised the Department was requested to investigate the Lake. Samples were alarmingly high and Parks and Recreation were notified, as the Department could not approve this site for body contact. Dr. Suzanne Dandoy, Director of Health, advised, as indicated by the charts contained in the report, the majority of the fecal coliform bacteria samplings overwhelmingly exceed the geometric mean of 20 fecal coliform bacteria per 100 ml. of water. There is a potential for human disease if there is water contact in ladre Trashmore. Susan Walston, Director of Parks and Recreation, advised there was a 'fish kill" in the Lake and a water sampling was taken to determine the cause. November 28, 1995 -5- CITY MANAGER'S BRIEFING MOUNT TRASHMORE DISTRICT PARK RENOVATIONS ITEM #40042 3:55 P.M. Susan Walston, Director of Parks and Recreation, advised Mount Trashmore has been recognized nationally in the field of solid waste management for the conversion of a landfill to a passive recreational park. The concept for the park, conceived by Roland E. Dorer, was approved by City Council in 1966. The Park was officially opened in July of 1973 and included the mountain lake, and soap box derby traclc During the mid-seventies Parks and Recreation developed additional amenities for the parle There had been no recent additional improvements to the Park until 1993 when Kid's Cove, a large accessible playground with facilities for the physically challenged, was developed by a volunteer effort led by the Virginia Beach Junior Women's Club. Mount Trashmore Park is the most visited park in the City with over 800,000 visitors during 1995. This is three times the attendance of other City district parks. Mount Trashmore is approximately 165 acres which includes lakes, picnic facilities, parking, restrooms and other amenities: Playgrounds including Kid's Cove (6) Waterwise Gardens Basketball Courts (1) Restrooms (2) Parking Spaces (743) Skateboard Ramps (2) Concession Stand (1) Marina/Docks Leisure Events Office (1) Picnic Shelters (4) Picnic Tables (9D Bike/Trails (3.5 miles~1 mile paved) Barry Frankenfield, Parks and Recreation Planner, cited Existing Conditions and Concerns: Accessibility: Restrooms and trails/walks are in poor condition and do not meet minimal aces requirements. Environmental Concerns: Banks are eroded, and the water quality of the Lake is poor. Wildlife: WiMlife management is an issue. Soap Box Derby Track: Track is no longer usevL Special Events: Frequent special events have a need for a permanent stage entertainment area. Entrances: The entrances and access points to the park are unclear and poorly marked. Pedestrian Conflicts: There are numerous pedestrian/vehicular conflicts and many trails and high use pedestrian areas are unpave~L Trees/Shade: More shaded areas are needed for the amount of use and special events. Parking: The current amount of parking is sufficient for the park area although some parking areas could be recognized and/or relocated to minimize pedestrian conflicts. November 28, 1995 -6- CITY MANAGER'S BRIEFING MOUNT TRASHMORE DISTRICT PARK RENOVATIONS ITEM #40042 (Continued) RECOMMENDED IMPROVEMENTS Address water quality and erosion issues: Develop wetland benches and buffer restoration areas. Develop "no mow" areas as appropriate and overseed with native wildflowers; mow only on an annual basis or as neede~ Continue to monitor water quality: Reopen Lake to allow for recreational use as feasible. Education/Interpretive Program: Develop an educational/interpretive program including environmental exhibits explaining the development of Mount Trashmore and landfill management, recycling, water quality/water cycle, and sustainable management techniques. Include lake water quality monitoring and progress in the program. Immediately implement an educational program to address the water quality of the lake. Install signs and exhibits as needed- Sugainable Management Program: Develop a sustainable management program for the entire Park using native plantings, natural areas, recycled material and minimal maintenance alternatives. W'ddlife Management: Develop a wildlife management program working with the Department of Game and Inland fisheries. Stage/Entertainment Area: Develop a permanent stage/entertainment area to take advantage of the amphitheater shape of the "Mountain ". Improve Restrooms: Restroom improvements are designed for Kids Cove and are to be constructed in the Spring of 1995. The remaining restrooms need to be modified to meet ADA requirements and user demand (funding is in place for these improvements). Soap Box Derby Track/Skateboard Ramps: Fill and grade over existing soap box derby track, review skate board ramp usage and placement. Trails: Continue the development of asphalt paths linking major activity areas throughout the Park (approximately one mile of trails has recently been completed). Provide a trail system to the top of the "mountain". Improve trail along VDOT property and work with other property owners to allow easements for trail improvements. Link adjacent roadway systems. Signs/Orientation: Add kiosks and interpretive elements to provide better orientation to the park, increase environmental awareness, and define focal points. Add environmental interpretation elements to the existing Information Center and throughout the Park. Entrances/vehicular access: Improve vehicular entrance points and minimize pedestrian conflicts, add a bus TRT drop off for public transportation. Trees/Nursery: Develop tree nursery and complete Backyard Habitat. Provide additional tree planting throughout the Park. Gardens/Exhibits: No additional gardens are recommended, completion of a backyard habitat is recommended in conjunction with a tree nursery. No mow and "meadow" areas are recommended. November 28, 1995 -7- CITY MANAGER'S BRIEFING MOUNT TRASHMORE DISTRICT PARK RENOVATIONS ITEM #40042 (Continued} COST SUMMARY Lake Trashmore Water Quality Sampling Report Recommendations $ 488,000 Additional Wetlands, Planting and Bank Stabilization 435,000 Permanent Stage/Entertainment Area 90,000 Trees 60, 000 New/Renovate Facilities: 480, 000 Restrooms (funding in place) Trails Signs/Interpretive Overlooks Relocate entrances/parla'ng Removals/Relocations 100. 000 Soap Box Derby Track Skate Board Ramps TOTAL (includes 20% design) $1.653.000 Ray Emerson, Parks Administrator, assisted in the presentation. November 28, 1995 -8- CITY MANAGER'S BRIEFING INTERIM FIN/~NCIAL REPORT 4:15 P.M. ITEM #40043 Patricia A. Phillips, Director - Finance, presented the Interim Financial Statemtnts for October 31, 1995. These statements reflect the status of revenues and expenditures for the City's major funds. The FY 95 Audit is currently being concluded by the KPMG Peat Marwick, LLP, and the production of the CAFR (Comprehensive Annual Financial Report), is progressing normally. SUMMARY OF REVENUES AND EXPENDITURES - MAJOR FUNDS FOR THE FOUR MONTHS ENDED OCTOBER 31, 1995 Budget Year to Date Percent of Total Millions 1996 and 1995 General Revenues $467. 3 $162. 5 34. 8% 33. 9% Fund Expenditures 490.5 175.5 35.8 35. 7 School Revenues 358. 4 110. 6 30. 9 31.9 Operating: Er:penditures 358.5 92.1 25. 7 27.1 Water and Revenues 68.5 19.9 29 25.9 Sewer: Expenditures 77 21.1 2 7. 4 25. 8 Storm Water: Revenues 9.6 4 42.1 43.2 Er, penditures 11.3 3 26.1 22.8 TGIF: Revenues 8.3 4.1 49.6 46.8 Expenditures 9.6 3.7 38.8 19.4 Mrs. Phillips advised the adjusted School Operating Revenues is $354. Their sales tax is down. The General Fund Appropriations of $490,546,282 differ from the estimated revenue of $467,265,695 by $23,281,587, to be approved by City Council and appropriated from the General Fund Balance for the following purposes: $18,223.647 4,336,84o $23.281.587 · ,, Appropriations per Cap~ Improvement Plan Outstanding Encumbrances at 6/30/95 brought forward Appropriation for the Community Recreation Center Pool Repair approved 8/22/95. Mrs. Phillips referenced the Exhibit citing the Comparison of Revenues, Expenditures and Encumbrances through October 31 of Fiscal Years 1996, 1995 and 1994. Trends whether Favorable or Unfavorable are citetL Exhibit ~4-1, ~4-2 and A-3 give greater detail on the major categories depicted in ~4. Even though the City has received $4,000 more at this time than last year, the Sales Tax on a trend basis is down from last year. $200,000 more than last year has been received from the Hotel Room tax; however, on a trend basis, the City has received less. On an overall basis other taxes are at least at the point where they were last year and on a dollar basis, they are greater. Personal Property and Business Licenses are the two most difficult revenues to projecg as they are not due until the end of the year. These will have significant impact on the bottom line. Mrs. Phillips advised as of October Thirty-first, $193,685 as been received from the $1.00 Hotel Room Tax (Hotel Room Tax - Flat Rate - page 3.2). City Council requested Financial Statements be presented on a quarterly basis during the City Council Sessions. November 28, 1995 -9- AGENDA REVIEW 5:00 P.M. SESSION ITEM # 40044 Council Lady Parker and Councilman Dean inquired whether this encroachment involved a boat house: lc2 Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Nathan and Deborah H. Segal re construction and maintenance of a boat lift and catwalk into the lake Jim Lawson, Real Estate, advised the encroachment agreement only referenced a boat lift and cat walk, not a boat house. ITEM # 4O045 Councilman Dean requested the amount of the fund balance in the current contract relative: lc4 Ordinance to authorize the City Manager to enter into a contract on behalf of the City with Barker Campbell and Farley re the City's advertising and public relations accounts. ITEM # 40046 Vice Mayor Sessoms advised during the Formal Session, he must request bids relative: lc5 Ordinance to grant to Virginia Electric and Power Company, its successors and assigns, the right and privilege to use and occupy the streets, alleys and other public places of the City of Virginia Beach for the purpose of supplying, distributing, transmitting and selling electric current for lighg heat and power; and, the right and privilege to construct, maintain and operate poles, wires, cables, conduits and other facilities for the aforesaid purposes. ITEM # 40047 BY CONSENSUS of City Counci~ the following items shall compose the CONSENT AGENDA: ORDINANCES ICl Ordinance to ACCEPT and APPROPRIATE a $5,000 Grant to the Virginia Beach Police Department from the Commonwealth of Virginia, Department of Motor Vehicles (DMIO re implementation of bicycle programs. Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Nathan and Deborah H. Segal re construction and maintenance of a boat lift and catwalk into the lake. November 28, 1995 - 10 - AGENDA REVIEW 5:00 P34. SESSION ITEM # 40047 (Continued) K. 3 Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Viking Drive to Milcom Systems Corporation, re placement of buried cable. K. 4 Ordinance to authorize the City Manager to enter into a contract on behalf of the City with Barker Campbell and Farley re the City's advertising and public relations accounts. I~6 Ordinance to authorize tax refunds in the amount of $1,693.34. I~7 Ordinance to authorize license refunds in the amount of $14,510.58. November 28, 1995 - 11 - AGENDA RE VIEW SESSION ITEM # 40048 Vice Mayor Sessoms advised as Council Lady Strayhorn has not arrived, the following item should be discussed: L. 1 Application of MOUNT BETHEL BAPTIST CHURCH for a Conditional Use Permit for a church on the East side of Indian River Road, North of Stumpy Lake Lane (4636 Indian River Road), containing 2.9 acres (KEMPSVILLE BOROUGH). ITEM # 4OO49 Councilman Harrison requested discussion relative: L. 2 Application of KYLER S. ESCALERA for a Conditional Use Permit for motor vehicle sales on the North side of Virginia Beach Boulevard, 130 feet East of the Norfolk/Virginia Beach Expressway (1786-1788 Virginia Beach Boulevard), containing 17,000 square feet (LYNNHAVEN BOROUGH) ITEM # 40050 Council Lady Henley expressed concern relative the condition to allow amph'fied music: L. 4 Applications of CREEDS RURITAN CLUB re Princess Anne Road, beginning at a point 800feet more or less South of North Stowe Road (1057 Princess Anne Road) (PUNGO BOROUGH): Conditional Change o_f Zoning District Class(t~cation from AG- 1 Agricultural District to 0-2 ~__C¢ District. 600 feet West of Princess Anne Road, containing 1.2 acres. Conditional Change of Zoning District Clas$i_~catioq from AG- 2 Agricultural District to 0-2 ~_.ce District, on the West side of Princess Anne Road, containing 2.54 acres. C. Conditional Use Permit for a private club. lodge, social center, eleemo~_ na~_ establishment and athletic club, on the West side of Princess Anne Road, containing 3. 74 acres. Councilman Harrison was also concerned relative the signage. ITEM # 40051 Councilman Dean wished discussion: L. 5 Application of CENTEX REAL ESTATE CORPORATION for a Change o_f Zoning District Classification from B-2 Communi~_ Business District to R-15 Residential District at the Northwest corner of Sandbridge Road and Las Brisas Drive (1724 Sandbridge Road), containing 19.85 acres (PRINCESS ANNE BOROUGH). November 28, 1995 - 12 - ,4GENDA RE VIEW SESSION ITEM # 4OO52 Karen Lasley, Planning Department, advised the 13,000 square feet on the south side of Petty Road can be rezoned to P-1. L.6 Application of NANCY and ELZIE ~4LBERTSON for a Change of Zoning District Class(l~cation from R-40 Residential ~ to R-20 Residential District at the Northeastern extremity of lngram Road (573 Ingram Road), containing 21,270 square feet (LYNNHAI~N BOROUGH). ITEM # 40053 BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT AGENDA: L. 3 Application of M. E. COX CENTER FOR ELDER DAY HEALTH CARE, INC., for a Conditional Use Permit for a da_v care center _for the elderl, v at the Southeast corner of North Lynnhaven and Little Neck Roads (644 North Lynnhaven Road), containing 11.969 acres (L YNNHA VEN BOROUGH). L. 6 Application of NANCY and ELZIE ALBERTSON for a Change of Zoning District Classification from R-40 Residential ~ to R-20 Residential District at the Northeastern extremity of Ingram Road (573 Ingram Road), containing 21,270 square feet (LYNNHAVEN BOROUGH). November 28, 1995 - 13 - COUNCIL CONCERNS 5:15 PAl. ITEM # 40054 Councilman Baton referenced correspondence from Dick Cockrell, Chairman of the Planning Commission, relative the Comprehensive Plan. Councilman Dean has requested assistance of staff during "PUBLIC HEARINGS" at the Princess Anne Recreation Center. Councilman Harrison expressed concern relative Councilman Dean scheduling PUBLIC HEARINGS on the Comprehensive Plan. All City Council Members should attend or it should not be called a PUBLIC HEARING. The City Attorney advised a Councilman cannot call a PUBLIC HEARING. Councilman Dean advised he was holding a Public Meeting and the letters had been forwarded to the Civic Leagues in the Princess Anne Borough. Councilman Dean requested assistance from the City Staff on the issue of the Comprehensive Plan. This assistance would be in the form of providing current zoning, master street and highway and land use maps. Councilman Dean had requested the City Manager choose a representative from the Planning Department to represent the City in these Public Hearings. Councilman Dean also forwarded a letter to the Chairman of the Planning Commission. Vice Mayor Sessoms advised the only concern was duplication. The City Council and Planning Commission will be SCHEDULING Public Hearings. Vice Mayor Sessoms said he did not believe the same formality should exist in Councilman Dean's meeting as exists at the City Council Meeting Councilman Dean advised if the term "Public Hearing" is wrong, he will refrain from utilizing same. BY CONSENSUS, the City Council requested City Staff not be supplied for Councilman Dean's Public Meeting re the Comprehensive Plan. Councilman Dean advised he will request this discussion be continued under NEW BUSINESS in the Formal Session. ITEM # 40055 Council Lady Henley referenced the General Assembly Joint Subcommittee IIJR 656 (dedicated funding source for transit) Hearing on November 27, 1995. Council Lady Henley wished to advise City Council under UNFINISHED BUSINESS. ITEM # 40056 Councilman Harrison referenced the Three Reapportionment Plans and the newspaper article relative the cast issue in eliminating precinct lines. Councilman Harrison requested documentation concerning justification of this cost and the future costs of running a precinct. What is the optimal number of precincts for a City the size of Virginia Beach? The City Attorney will confer WITH the Voter Registrar and advise City Council The City Attorney advised all three Plans have been forwarded to Election Data Services for analysis and he anticipates scheduling same for the City Council Session of December 12, 1995. Councilman Harrison advised he also has a Plan, which encompasses all members of the City Council be drawn into a Borough where there would be no conflict. This would be a further amendment to John Atkinson's Plan. November 28, 1995 - 14 - COUNCIL CONCERNS ITEM # 40056 (Continued) The City Attorney advised the City must apply to the Court relative the Referendum Question by January First and March 1, 1995 is the deadline on the new districts. ITEM # 40057 The City Manager advised Council Lady Parker a JOINT MEETING with the Planning Commission relative the Comprehensive Plan will be SCHEDULED for January. Council Lady Parker requested discussion of the Comprehensive Plan prior to the Joint Meeting. The City Manager will schedule same. November 28, 1995 - 15 - I~EM # 40058 Vice Mayor Sessoms called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, November 28, 1995, at 5:20 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. Strayhorn November 28, 1995 - 16 - ITEM # 40059 Vice Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-$44 (A) (1). To Wit: Appointments: Boards and Commissions: Southeastern Virginia Areawide Model Program Transportation Safety Commission LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Lake Gaston Water Supply Project Waldrop v. City of Virginia Beach PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Disposition of Public Property Upon motion by Council Lady Parker, seconded by Councilman Heischober, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 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, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. Strayhorn November 28, 1995 -17- FORMAL SESION VIRGINIA BEACH CITY COUNCIL November 28, 1995 6:00 P34. Vice Mayor William D. Sessoms called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 28, 1995, at 6:00 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 I~ Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf [A2TENDING NATIONAL LEAGUE OF CITIES IN PHOENIX, ARIZONA Louisa M. Strayhorn [ENTERED: 6:29 P.M./FA CILITATOR AT SENTARA FORUM] INVOCATION: Reverend Robert Lundquist Good Samaritan Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 28, 1995 - 18 - CERTIFICATION OF EXECUTI-F~ SESSION ITEM # 40060 Upon motion by Councilman Heischober, seconded by Council Lady Parker, City 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 Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Nancy 14. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. Strayhorn November 28, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affn'mative vote recorded in ITEM # 40059 Page No. 16 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 thc 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 wcrc heard, discussed or considered by Virginia Beach City Council. Ruth Hodgcs Smith, CMC/ City Clerk November 28, 1995 - 19 - Item II/-F. 1. MINUTES ITEM # 4OO61 Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ~PROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 14, 1995 and SPECIAL FORMAL SESSION of November 21, 1995: l~oting : 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. Strayhorn November 28, 1995 Item IV-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 40062 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION AND, ADDED: a. Resolution re Referendum Question b. Consideration of December Session dates c. Transit Funding Options d. Green Run Little League request for fields at Lake Ridge e. Councilman Dean's items re Public Meetings November 28, 1995 - 21 - Item FI-I. 1. PRESENTATION ITEM # 40063 C. Mac Rawls, Director - Virginia Marine Science Museum advised on Wednesday, November 22, 1995, a SI-Million gift was received on behalf of the Virginia Marine Science Museum from the Family Channnel -- International Family Entertainment. The Virginia Beach Foundation had requested the City allow them to restore the DeWitt Cottage and eventually convey ownership back to the City. Mr. Rawls was pleased to announce the DeWitt project has been finalized. The Foundation not only raised approximately $500,000 to complete the projec~ but found a very worthy tenant for the Cottage, the Back Bay Wildfowl Guild. Attorney Andrew Fine, founding member and former President of the Virginia Beach Foundation, as well as architect for the plan to restore the cottage, presented the Deed to the DeWitt Cottage to Vice Mayor Sessoms. Attorney Andrew Fine expressed appreciation to the City Council, the Virginia Beach Foundation, the Princess Anne Garden Club, the late John Marshall, Back Bay Wildlife Guild, the City Manager and City Staff, particularly Mac Rawls, Eddie Barnes, Sheriff Drew and his work crew, John Baillio and Fletcher Bryant. November 28, 1995 Item 1V-J. 1. PUBLIC HEARING ITEM # 4O064 Vice Mayor William D. Sessoms DECLARED A PUBLIC HEARING: PROPOSED SITE FOR SOCIAL SERVICES/HEALTH DEPARTMENT BUILDING ROSEMONT COMMERCE PARK (INTERSECTION OF ROSEMONT ROAD/SENTARA WAY) The following registered to speak in SUPPORT: Michael J. Barrett, 1029 Eden Way, Phone: 481-6388, CEO Runnymede. Laura Hale, 405 Big Leaf Circle, Phone: 340-6790 Kathy Lowes, 2676 Elson Green Avenue, Phone: 721-6101 The following spoke in OPPOSITION: The Honorable Frank W. Wagner, Post Office Box 68003, Phone: 420-2844 Buddy King, 200 Presidential Boulevard, Phone: 340-0748 Helen T. Powell, 228 Rocky Mount Road, Phone: 431-4408 Reba McClanan, 3224 burnt Mill Road, Phone: 340-8835 Paul Baxter, 3425 Terrazzo Trail John M. McFarland, 557 Rosemont Road, Phone: 486-7083 Bernard Powell presented a Petition containing 84 signatures in OPPOSITION which is hereby made a part of the record. There being no further speakers, Vice Mayor Sessorns CLOSED THE PUBLIC HEARING. City Council AGREED TO SCHEDULE: further consideration of the location of Social Services/Health Department Building for the 12 December 1995 Agenda November 28, 1995 Item fi-lC CONSENT AGENDA ITEM # 40065 ORDINANCES Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council APPROVED in one motion Items, 1, ~ 3, 4, 6 and 7 of the CONSENT A GEND/L Voting: 10-0 Council Members l/'oting Aye: John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P~ Jones, Nancy lC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 Item Ig-~ l. CONSENT AGENDA ITEM # 40066 ORDINANCES Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $5,000 Grant to the Virginia Beach Police Department from the Commonwealth of Virginia, Department of Motor Vehicles (DMV) re implementation of bicycle programs.. Voting: 10-0 (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, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE TO THE VIRGINIA BEACH POLICE DEPARTMENT A $5,000 GRANT FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MOTOR VEHICLES, FOR IMPLEMENTATION OF BICYCLE PROGRAMS WHEREAS, the V~rg~n~a Beach Police Department has been awarded $5,000 from the Commonwealth of V~rg~n~a, Department of Motor Vehicles, for the purpose of ~mplemenbng b~cycle programs w~thln the C~ty, 9 10 11 WHEREAS, through use of the grant funds the Police Department w~ll distribute b~cycle safety materials to middle and elementary schools, and w~ll purchase b~cycle helmets for children ~n need, and 12 WHEREAS, no matching C~ty funds are required, 13 14 15 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $5,000 ~n grant funds be accepted from the Commonwealth of V~rg~nla, Department of Motor Vehicles, and appropriated to the FY 1995-96 Operabng Budget of the V~rgm~a Beach Police Department for the purpose of ~mplemenbng b~cycle programs w~th~n the City, and that esbmated revenue from the Commonwealth of V~rg~n~a be ~ncreased by the amount of the grant award 19 2O 21 Th~s ordinance shall be effective on the date of ~ts adopbon Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the 28th of November , 1995 APPROVED D~rector Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY Item III-If. Z CONSENT AGENDA ITEM # 40067 ORDINANCES Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Nathan and Deborah H. Segal re construction and maintenance of a boat lift and catwalk into the lake. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 10-0 (By ConsenO Council Members l/oting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Nancy I(, Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE JOYCE TO NATHAN SEGAL AND DEBORAH H. SEGAL, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Nathan Segal and Deborah H. Segal, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the City property known as Lake Joyce. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a boat lift and cat walk and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's property known as Lake Joyce, on the certain plat entitled: "PROPOSED BOAT LIFT AND CAT WALK IN: LAKE JOYCE AT: VIRGINIA BEACH, VA APPLICATION BY: N. SEGAL DATE: MARCH 25, 1995," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Mr. and Mrs. Segal, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's property known as Lake Jo¥ce and that Mr. and Mrs. Segal, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. and Mrs. Segal, their heirs, assigns and successors in title shall indemnify and hold harmless the City of 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Mr. and Mrs. Segal execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of November 95 , 19 . 10/09/95 JCL/tga F: ~.. ~WP~LAWSON~SEGAL. ORD APPROVED AS TO LEGAL SUFFICiEh:CY THIS AGREEMENT, made this ~9~ day of~z~ , 195S , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and NATHAN SEGAL and DEBORAH H. SEGAL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. WI TNES SETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a boat lift and cat walk in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such boat lift and cat walk, it is necessary that the said party of the second part encroach into a portion of an existing City property known as Lake Joyce; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such boat lift and cat walk within a portion of the City's property known as Lake Joyce. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's property known as Lake Joyce for the purpose of constructing and maintaining such boat lift and cat walk. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's property known as Lake Joyce as shown on that certain plat entitled: "PROPOSED BOAT LIFT AND CAT WALK IN: LAKE JOYCE AT: VIRGINIA BEACH, VA APPLICATION BY: N. SEGAL SHEET: 1 OF 2 DATE: MARCH 25, 1995 SCALE'. 1"=30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as Lake Joyce by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Nathan Segal and Deborah H. Segal, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that · the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Nat~an'Sh~gA1- , ~ Deborah H. Segal STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19__, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HEDGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: in and for the City and State aforesaid, do hereby certify that NATHAN SEGAL and DEBORAH H. SEGAL, whose names are signed to the foregoing writing, bearing date the ~ day of ~k3~~ , 19 ~, have acknowledged the same before me in my City and State aforesaid. Given under my hand this ~ O day of My Commission Expires: ANTHONY HOWARD NO'rARY PUBLIC LAKB JOYCE L~;~ ~OYCE LAKE JOYCE LAKg JOYCE LOCATION MAP 4453 BLACKBEARD RD. PROPOSED BOAT LIFTo AND CAT WALK ' SCALE'. 1" -- 400' ,' PREPARED BY P/W ENG. DRAFT. 10/17/95 ~' PROPOSED BOAT LIFT & CAT WALK i I I iii I i PURPOSE' DR Y $ TORA GE DA TUN. N.L W 0.00 ADJACENT PROPERTY OWNER5 ! JOHN LARI$ON 4449 BLACKBEARD ROAD 2. GEORGE L YON 4457 BLACKBEARD ROAD 0 PLAN VIEW SCALE !' - 50' 30' ' 60' BLACKBEARD ROAD PROPOSED BOA T LIFT AND CAT WALK IN LAKE JO Y CE A T. VIRGINIA BEACH VA APPLICATION B Y'N. SEGAL SHEET: I OF 2 DA TE. 'MARCH 25 1995 REV. II SEOUENCE OF EVENTS HOBILIZE DELIVER LIFT AND PILINGS VIA BARGE INSTALL LIFT AND CATWALK VIA BARGE DEHOBILIZE I DAY 5 DA YS I DAY BOAT LIFT NOTES: BOAT LIFT TO BE INSTALLED IN ACCORDANCE WITH HANUFACTURERS SPEC'S AS STATED IN ATTACHED LITERATURE : .~. BAYLAKE ...~ERIES Ol' HE BA~ 2' x 6' DECKt~tG 2' x S' FRAI'~'~IG · f2) 2'xS' · 8' DIA PIER PILIVG ~ 8' CENTERS I"IAX. i0 PENETRATION 5/8' TI.f~U BOI. TS I OHW O0 HA TERIAL S PILES Z5 CCA DECK AND FRANING 40 CCA HARDWARE. H D GALVANIZED VICINITY MAP iii PURPOSE DRY STORAGE DA TUtti I'I L W 0 O0 ADJA CENT PROPER TY OWNERS I JOHN LARISON 4449 BLACKBEARD ROAD 2 GEORGE L YON 4457 BLACKBEARD ROAD NO TES CA T WALK SECTION I/4' - I0 SEC TION VIE W VICINITY MAP PROPOSED BOA T LIFT AND CA T WALK IN. LAKE JO YCE A T VIRGINIA BEACH. VA APPLICATION BY N SEGAL SHEET: 2 OF 2 DA TE HARCH 25. 1995 REV - 26 - Item IV-K3. CONSENT AGENDA ORDINANCES ITEM # 4O068 Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Viking Drive to Milcom Systems Corporation, re placement of buried cable. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. The owner or owner's agent must submit and have approved a traffic control plan before commencing work in the City's right-of-way. The owner agrees that no open cut of the public roadway shall be allowed except under extreme circumstances; such exceptions shall be submitted to Public Works/Highways for final approval. 6. The owner must obtain a permit from Planning/DSC prior to commencing construction within the City's right-of-way. Prior to issuance of a right-of-way permit, the owner or owner's agent must post a Performance Bond and show proof of public liability insurance (minimum $500,000). 8. The owner agrees to jack or bore proposed line under driveways. Voting: 10-0 (By ConsenO Council Members l/oting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF VIKING DRIVE TO MILCOM SYSTEMS CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, MILCOM Systems Corporation, its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Viking Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a buried cable and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Viking Drive, on the certain plat entitled: " MILCOM SYSTEMS TIE CABLE BETWEEN BUILDINGS 529 AND 532 VIKING DRIVE," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of MILCOM Systems Corporation, its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Viking Drive and that MILCOM Systems Corporation, its heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that MILCOM Systems Corporation, its heirs, assigns and successors in title shall indemnify and hold harmless the City of 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that MILCOM Systems Corporation executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of November , 19 95 . 58 59 60 10/09/95 TK/tga F: ~.. ~KENNEDY~MILCOM. ORD DEPARTMENI' THIS AGREEMENT, made this 27th day of Sepe~mb~r , 19 95 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and MILCOM SYSTEMS CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W I T N E S S E T ~: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a buried cable in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such buried cable, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Viking Drive; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such buried cable within a portion of the City's right-of-way known as Viking Drive. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Viking Drive for the purpose of constructing and maintaining such buried cable. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Viking Drive as shown on that certain plat entitled: "MILCOM SYSTEMS TIE CABLE BETWEEN BUILDINGS 529 AND 532 VIKING DRIVE," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Viking Drive by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such 2 permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a right of way permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that the party of the second part agrees to jack or bore proposed line under driveways. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said MILCOM Systems Corporation has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Manager/Authorized Designee of the City Manager City Clerk MILCOM SYSTEMS CORPORATION, a Maryland corporation RiChard b. -Fl~=l~'ing, P~ident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of ., 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF Virqinia CITY/~U~f~X OF Virginia Beach , to-wit: I, Carol F. Gunter , a Notary Public in and for the City and State aforesaid, do hereby certify that Richard D. Fleming, President, on behalf of MILCOM Systems Corporation, whose name is signed to the foregoing writing, bearing date the 27th day of September , 19 95, has acknowledged the same before me in my City and State aforesaid. Given under my September , 19L95 . My Commission Expires: 5/3,1/96 han~-~this 27th day ~ROVED AS TO CONTENT . .'~,~.~ _a .... II Dt PA~T,~NT APPROVED AS TO LEGAL SUFFICI3.kCY of o o I I AVENGER OR. ,.-.. ! ! CH&tENT LOCATION E,N, CROACHMENT REQUEST FOoRL° ,o,, / L!['I MILCOM SYSTEMS CORP PR, ED BY P/W ENG. DRAFT. 10/17/95 ' I , I ~ ........ r',." '~.-0~ ° © , ,". A¢~.~ ~-~-~ .... '-- I : I Fo o Z--c~oo "" -o- MAP SHOWING I I I I I I I I ,, - 27 - Item IV-K. 4. CONSENT AGENDA ITEM # 40069 ORDINANCES Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize the City Manager to enter into a contract on behalf of the City with Barker Campbell and Farley re the City's advertising and public relations accounts Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY WITH BARKER CAMPBELL & FARLEY TO ADMINISTER THE CITY'S ADVERTISING AND PUBLIC RELATIONS ACCOUNTS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, on July 11, 1995, City Council established the Virginia Beach Advertising Agency Selection Committee for the purpose of selecting the agency that is the most qualified to administer the City's advertising and public relations accounts; WHEREAS, with guidance and input from the Committee, the City issued a Request for Proposals (RFP) on August 8, 1995, for the selection of an agency to administer such accounts; WHEREAS, eight (8) agencies submitted proposals in response to the RFP; WHEREAS, the Committee evaluated and ranked the proposals, and chose three (3) agencies for further consideration based upon a determination that the three agencies chosen were the most qualified to perform the services outlined in the RFP in a manner most consistent with, and favorable to the City's needs; WHEREAS, the three top-ranked agencies made creative presentations to the Committee in an effort to further demonstrate their ability to administer the City's accounts; and WHEREAS, based upon the written proposals and the presentations, the Committee determined that the agency of Barker Campbell & Farley provided the best proposal and, therefore, is the most qualified agency to provide the services outlined in the RFP at a level most consistent with, and favorable to the City's specific needs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to enter into a contract, on behalf of the City, with Barker Campbell & Farley to administer the City's advertising and public relations accounts. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of November 1995 , · 37 38 39 40 CA-6148 ORDIN\NONCODE\BARKER. ORD R-1 PREPARED: 11 / 20 / 95 41 42 43 44 45 APPROVED AS TO CONTENT: C~fi~v]entfori ~nd viS'or De~,e'l~pm~ni Finance, Purch~sYng/l~vision 46 47 48 49 APPROVED AS TO LEGAL SUFFICIENCY: - 28 - Item IV-K. 5. CONSENT AGENDA ITEM # 40070 ORDINANCES Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council: ACCEPTED the Bid/$10, O00 check; and, ADOPTED an Ordinance to grant to Virginia Electric and Power Company, its successors and assigns, the right and privilege to use and occupy the streets, alleys and other public places of the City of Virginia Beach for the purpose of supplying, distributing, transmitting and selling electric current for light, heat and power; and, the right and privilege to construct, maintain and operate poles, wires, cables, conduits and other facilities for the aforesaid purposes. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Nancy K. Parker, Vice Mayor William D. Sessotns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: Mayor Meyera E. Oberndorf Councilman Jones ABSTAINED as he owns considerable stock in VEPCO. November 28, 1995 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO GRANT TO VIRGINIA ELECTRIC AND POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO USE AND OCCUPY THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF VIRGINIA BEACH FOR THE PURPOSE OF SUPPLYING, DISTRIBUTING, TRANSMITTING AND SELLING ELECTRIC CURRENT FOR LIGHT, HEAT AND POWER, AND THE RIGHT AND PRIVILEGE TO CONSTRUCT, MAINTAIN AND OPERATE POLES, WIRES, CABLES, CONDUITS AND OTHER FACILITIES FOR THE AFORESAID PURPOSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, the Clerk has laid before the City Council, at its first regular session held after the completion of the publication thereof, an ordinance adopted on October 24, 1995, entitled "AN ORDINANCE TO PROVIDE FOR THE GRANT OF A FRANCHISE BY THE CITY OF VIRGINIA BEACH TO USE AND OCCUPY THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY FOR THE PURPOSE OF PROVIDING ELECTRICITY", together with certificates of due publication of the same once per week for four successive weeks in newspapers of general circulation within the City, in the manner prescribed by law; and WHEREAS, the Virginia Electric and Power Company submitted a bid in the sum of Ten Thousand Dollars ($10,000) for the franchise, rights and privileges contained in said ordinance, accompanied by a certified check for said sum, payable to the City, which bid was delivered on the day and hour named in the advertisement to the Mayor in open session and was read aloud; and WHEREAS, the Mayor then and there inquired for any further bids and no further bids were submitted; and WHEREAS, in the opinion of the City Council, it is expedient and in the best interest of the City that the said franchise, rights and privileges should be granted to the Virginia Electric and Power Company; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the bid of the Virginia Electric and Power Company be, and hereby is, accepted, and that the rights and privileges proposed to be granted by the aforesaid ordinance be, and the same 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 hereby are, granted to the Virginia Electric and Power Company, upon the condition that the said Virginia Electric and Power Company shall first execute a bond with good and sufficient security in the penal sum of One Thousand Dollars ($1,000.00), with surety acceptable to the City Attorney to be conditioned upon the Virginia Electric and Power Company's compliance with the material terms and conditions of the franchise. 2. That the name of the Virginia Electric and Power Company shall be inserted in the aforesaid ordinance approved by the City Council on October 24, 1995, and that the said ordinance, with such insertion, be, and hereby is, adopted and reordained and shall read as follows: AN ORDINANCE TO GRANT TO VIRGINIA ELECTRIC AND POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO USEAND OCCUPY THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF VIRGINIA BEACH FOR THE PURPOSE OF SUPPLYING, DISTRIBUTING, TRANSMITTING AND SELLING ELECTRIC CURRENT FOR LIGHT, HEAT AND POWER, AND THE RIGHT AND PRIVILEGE TO CONSTRUCT, MAINTAIN AND OPERATE POLES, WIRES, CABLES, CONDUITS AND OTHER FACILITIES FOR THE AFORESAID PURPOSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. GRANT, (a) There is hereby granted to the Virginia Electric and Power Company (hereinafter referred to as Grantee), its successors and assigns, for the term and subject to the conditions and limitations hereinafter stated, to use the streets, alleys and public places of the City of Virginia Beach (hereinafter referred to as the City), and to acquire, erect, install, maintain and use, and if now constructed, to maintain and use, poles, towers, wires, cables, conduits, ductways, manholes, handholes and appliances (hereinafter referred to as facilities), in, over, along, on and under the streets, alleys and public places of the City, for the purpose of distributing, transmitting and selling electric current for light, heat and power at any points within the territorial limits of the City as the same now exist or may hereafter be extended or altered; provided that such right to sell electric current for light, heat and power shall extend only to such areas of the City as are now or may hereafter be allotted to Grantee for 2 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 service by authority of a certificate of public convenience and necessity issued by the State Corporation Commission in accordance with law. This grant shall be subject to all applicable federal, state and local laws, ordinances, rules and regulations. 2. TERM. The term of the franchise granted by this Ordinance shall be twenty (20) years, commencing on the date on which the City Council adopts and approves this Ordinance. To the extent allowed by law, the Grantee will have an exclusive right to provide the electric requirements to the City and within the City during the term of the franchise. The City shall not become, or attempt to become, directly or indirectly, a provider or supplier of electricity to itself or to another person or entity during the term of this Ordinance. 3. LOCATION AND CONSTRUCTION OF FACILITIES. (a) Ail facilities hereafter constructed or installed by Grantee shall be located so as to cause as little interference with the public use of the streets, alleys and other public ways and places as is reasonably possible, and all such facilities shall be maintained in good repair and condition. Facilities located on, over, under or within the property of the City or private property shall be constructed, installed and maintained in accordance with all City ordinances and requirements. Grantee shall avoid unnecessary damage to trees and shrubbery in and along the streets, alleys and public places of the City and shall not cut or otherwise injure such trees and shrubbery to any greater extent than is reasonably necessary in the construction, maintenance and operation of its facilities. (b) In the event the construction, installation, repair or maintenance of any of the facilities of Grantee necessitates the removal of trees or other vegetation, such trees and vegetation shall be replaced to the extent possible promptly upon the conclusion of the work performed. (c) Grantee shall not erect, install, move, alter, repair or relocate any of its facilities in or from any public 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 street, alley or other public place or dig, cut or otherwise disturb the surface of any public street, alley or other public place, unless a permit authorizing such activity has been obtained in accordance with applicable provisions of the City Code. The director of public works or his designee may, in addition to any other requirement of law or provision of this Ordinance, impose such additional conditions, requirements or restrictions as will prevent or minimize interference with or obstruction of the streets, alleys and other public places, ensure the prompt and complete restoration of streets and other property damaged, disturbed or altered by work performed by or on behalf of Grantee, or otherwise preserve, protect and promote the public health, safety and welfare. (d) The director may allow emergency work which is necessary to ensure the public health, safety or welfare to be performed prior to the issuance of a permit. In such cases, Grantee shall provide advance notice to the City, except if the provision of such notice is not reasonably possible, and in any case as soon as practicable. 4. RELOCATION OF FACILITIES Whenever the City shall determine that it is necessary that any facilities of Grantee originally installed in, over, on and under any public rights-of-way of any street, alley or public place of the City should be relocated or removed in connection with repair, relocation or improvement of said street, alley or public place, then Grantee shall, within a reasonable time after being requested in writing to do so, remove or relocate same, using like construction, at such place as shall be mutually agreeable with the City and Grantee. Grantee shall bear all costs of removal and relocation provided the City will obtain or cause to be obtained, without charge to the Grantee, suitable permits as may be required by the Grantee for its relocated facilities. If Grantee does not commence and complete removal or relocation within a reasonable time, the City may, after giving at least ninety (90) days written 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 notice to Grantee, take such actions at Grantee's expense as are necessary to effect such removal and relocation. 5. USE OF GRANTEE'S FACILITIES OVERHEAD: Grantee shall, upon request of the City, permit its poles and other overhead structures to be used without compensation by the City for the purpose of placing thereon any traffic lighting, alarm, telephone wires, microwave transmission systems or other devices which may be necessary or useful for the provision of police, fire protection and traffic services by the City; provided that such use by the City shall not interfere with the proper use of such poles and overhead structures by Grantee and that the location and character of such City facilities shall be subject to the approval of Grantee, which approval shall not be unreasonably withheld; and provided further, that to the extent permitted by law, the City shall indemnify and save harmless Grantee from any and all loss, damage, cost or expense to Grantee, or which may be incurred by Grantee, or to which Grantee may be subjected by reason of, or as a result of, the use of such poles and other overhead structures by the City as provided in this section. UNDERGROUND: Grantee shall, upon request of the City, permit its underground conduits and manholes to be used without compensation by the City for the purpose of placing therein any facilities which may be necessary or useful for the provision of police, fire protection and traffic services by the City; provided that such use by the City shall not interfere with the proper use of such underground facilities by Grantee and that the location and character of such City facilities shall be subject to the approval of Grantee, which approval shall not be unreasonably withheld; and provided further, that to the extent permitted by law, the City shall indemnify and save harmless Grantee from any and all loss, damage, cost or expense to Grantee, or which may be incurred by Grantee, or to which Grantee may be subjected by reason of, or as a result of, the use of such underground facilities by the City as provided in this section. 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 6. INDEMNIFICATION. Grantee agrees to indemnify, defend and hold the City harmless from and against all claims, demands, injuries, liability or damage of whatsoever kind on account of, or arising from, the grant of this Ordinance, the exercise by Grantee of the rights and privileges granted by this Ordinance, or from the construction, operation, improvement, relocation or repair of Grantee's facilities, and in the event that a suit shall be brought against the City, either independently or jointly with Grantee on account thereof, Grantee, upon written notice from the City, shall defend the City in any such suit at the cost of Grantee and, in the event of a final judgment being obtained against the City, either independently or jointly with Grantee, Grantee shall pay such judgment, with all costs, and shall hold the City harmless therefrom; but nothing set forth herein shall be construed to render Grantee liable for the negligence of the City, its officers, agents or employees, or of any other person or corporation. 7. SERVICE. The rights and privileges herein set forth are granted and conferred upon Grantee upon the express condition and understanding that Grantee shall, at all times during the term of the Franchise, furnish electric current, within the corporate limits of the City, to the inhabitants, commercial and residential, of the City. Such service shall be furnished at the rates, and in accordance with the terms, conditions and standards, approved by the State Corporation Commission or any other regulatory body having jurisdiction. Grantee shall maintain its facilities in good order throughout the term of this Ordinance. 8. FORFEITURE, TERMINATION AND EN~0~CEMENT. (a) In the event Grantee fails to perform its obligations under Section 7 herein, and such failure is not the result of circumstances beyond the control of Grantee, and with respect to which no other remedy is provided for in the Franchise, the City Council may hold a public hearing no less than thirty (30) days after the giving of written notice to Grantee. If the City 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 Council determines that such failure is of a continuing and material nature, the City Clerk shall give written notice of such determination to Grantee. Grantee shall thereafter have six (6) months' time in which to remedy the conditions which were the subject of the determination. In the event of Grantee's failure to remedy such conditions, the City, acting through the City Council, may declare this Ordinance terminated, and Grantee shall have no further rights, privileges or authority hereunder; provided, however, that such declaration of forfeiture shall be subject to judicial review as provided by law, and provided further, that in the event such failure cannot, despite the exercise of due diligence, be remedied within a period of six (6) months, as hereinabove provided, the City shall allow such additional period of time as may be reasonably necessary for the remedying of such failure. (b) In addition to the remedy hereinabove provided, or in lieu thereof, at the election of the City, the provisions of this Ordinance may be enforced by mandamus, action at law, suit in equity or any other lawful proceeding. 9. DAMAGE TO FACILITIES OF GRANTEE, ETC. Should any person intentionally destroy or damage any of the facilities of Grantee within the City or tamper with any metering device incident to Grantee's facilities or otherwise intentionally prevent such metering device from properly registering, or illegally divert electric service so that it does not pass through the metering device, the City shall cooperate in any criminal prosecution or other legal action against such individual; provided, however, that Grantee understands and acknowledges that the City Attorney has no authority to prosecute violations of the Virginia Code, and nothing in this Section shall be construed to require such action. 10. pLANNING. The City and Grantee agree to coordinate their activities in those areas in which such coordination may prove beneficial. Notwithstanding the foregoing, each party shall retain absolute 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 discretion and control concerning the timing and other aspects of its projects, it being the intent of this provision that the parties take reasonable measure to inform the other of their respective plans and exercise good faith in cooperating with each other to the end that the reasonable expectations and benefits accruing to each of the parties pursuant to this Ordinance not be frustrated or diminished by inadequate communication. 11. ENVIRONMENTAL/AESTHETIC. (a) Any construction, extension or relocation of Grantee's facilities shall reasonably minimize adverse impacts on the environment and shall be designed and located in such manner as to minimize adverse aesthetic impacts. (b) Grantee shall strictly comply with all requirements of law pertaining to the generation of electromagnetic fields, including regulations pertaining to the size, location and other characteristics of facilities generating electromagnetic radiation, promulgated by any regulatory authority having jurisdiction to promulgate such regulations. 12. ENERGY EFFICIENCY. The City and Grantee shall cooperate fully in developing and implementing programs designed to promote the efficient and economical use of electricity, including, without limitation, programs providing financial incentives for the acquisition of energy-efficient fixtures and other devices. 13. WAIVER. Neither party shall be excused from complying with any of the provisions of this Ordinance by reason of any failure or omission of the other, or any of its officers, employees or agents, upon any one or more occasions, to insist upon or seek compliance with any of the provisions of this Ordinance. 14. CONTINUATION OF SERVICE. In the event this Ordinance is not renewed at the expiration of its term, or Grantee or the City terminates this Ordinance for any reason whatsoever, and the City has not purchased or otherwise acquired the facilities of Grantee, granted a new 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 franchise, or otherwise provided for alternative electric service, Grantee shall not remove any of its facilities, and will continue to perform all of its obligations under this Ordinance, pending the resolution of the disposition of the system operated by Grantee within the City. Grantee shall not withhold or materially reduce the services provided for in this Ordinance until such time as the City notifies Grantee, in writing, of the resolution of the disposition of such system. 15. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any one or more of its provisions are adjudicated or declared to be void or unenforceable by a court of competent jurisdiction or by any regulatory agency having jurisdiction, the remaining provisions of this Ordinance not affected by such adjudication or declaration shall remain in full force and effect and their validity shall remain unimpaired. 16. ~3NDERGROUNDING (a) If the City at its expense, constructs and installs to the Grantee's specifications the conduits, ductways, manholes, handholes and appliances necessary to facilitate the undergrounding of the Grantee's existing overhead facilities, the Grantee shall, as long as the Grantee remains the exclusive provider of electricity within the City, at its sole expense relocate such portions of its existing overhead facilities underground. The City will obtain or cause to be obtained, without charge to the Grantee, suitable public or private easements as may be required by the Grantee for its relocated facilities. The extent of undergrounding that shall be required of the Grantee annually shall not exceed 1,800 feet and during the 20 year term of this Ordinance shall not exceed 21,600 feet. (b) Section 16a shall apply to the resort area bounded by the following: · Laskin Road from Birdneck Road to Pacific Avenue · Pacific Avenue from Laskin Road to Rudee Inlet · General Booth Blvd. from Rudee Inlet to Birdneck Road · Birdneck Road from General Booth Blvd. to Laskin Road 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 In addition, Section 16a shall apply to the resort area corridors listed below-. · Atlantic Avenue from 41st Street to 89th Street · Pacific Avenue from Laskin Road to 45th Street · Shore Drive from Lynnhaven Inlet to Fort Story Reservation · The Resort Area of Sandbridge · Economic Development Projects within City limits (c) Any undergrounding in excess of that required of the Grantee will be at the City's expense. (d) In the event this Ordinance is terminated for any reason, other than as a result of the material breach by the Grantee of its provisions, which breach is not timely cured, or in the event that notwithstanding this Ordinance the City becomes, directly or indirectly, a provider or supplier of electricity to itself or to another person or entity, the City shall pay to the Grantee, in addition to any other damages that the Grantee may be entitled pursuant to law, the then-current fair market value of the facilities relocated underground pursuant to Section 16b. 17. OPERATING AGREEMENT The Grantee and the City shall enter into an operating agreement that shall set forth guidelines for recurrent interactions. 18. ACCEPTANCE This Ordinance and the rights and privileges hereby granted and conferred shall not become effective unless and until the said Grantee shall file with the Clerk of the City its written acceptance thereof, in form satisfactory to the City, and shall enter into a bond in the sum of Ten Thousand Dollars ($10,000), with surety satisfactory to the City Attorney, conditioned to the effect that the Grantee will construct and maintain, or if constructed, will maintain, the facilities provided for herein and reasonably necessary for the exercise of the rights and privileges granted in and by this ordinance, and will maintain the same in good order throughout the term of this grant, and will comply with the terms, provisions and conditions of this Ordinance in all respects. 10 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 19. ORDINANCES The rights and privileges granted herein to use the public property are expressly subject to the conditions, limitations and provisions contained in the general ordinances of the City of Virginia Beach, in force, or that may be hereafter passed by the City, relative to the use of the streets, alleys and public places of said City so far as they may be applicable to the rights and privileges herein granted, provided such ordinances that may be passed will not place unreasonable or impractical burden upon the Grantee. Adopted by the Council of the City of Virginia Beach, 28th November Virginia, on the day of , 1995. Ordinance must be approved by three-fourths of all members elected to the Council. CA-95-6143 \Wmordres \vepco2. orn November 15, 1995 R-1 APPROVED AS TO CONTENT Public Works APPROVED AS TO FORM , D'epa?tment oT Law 11 - 29 - [~em IV-K. 6. CONSENT AGENDA ITEM # 40071 ORDINANCES Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council AI~PTED: Ordinance to authorize tax refunds in the amount of $1,693.34 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 (By ConsenO 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, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 FORM NO C A 7 11/7/95 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for tax refunds upon certification of the Treasurer are hereby approved. Tax Type T~cket Exonera- Date Penalty Int NAME Year of Tax Number t~on No Pa~d Total Va Beach Community Dev Corp 96 BQTS Associates LP 95 BQTS Associates LP 95 Leader Federal Savings 95 Leader Federal Savings 95 CSW Associates Inc 95 RE/1/~/ 103032-9 9/11/95 46.12 RE 1/ 004409-5 11/21/94 342.00 RE(2/2) 004409-5 5/26/95 342.00 RE(l/2) 041668-3 11/23/94 74.06 RE(2/2) 041668-3 5/21/95 74.06 RE(2/2) 101542-7 6/5/95 815.10 Total 1,693.34 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,693.34 were approved by the Council of the City of VIrg~n~a Beach on the__2~_day of Novembe_~. 1995 Ruth Hodges Smith C~ty Clerk .~,~ed as to p~r~m~t; J~hn ~. ~J:k~n~on~ ~urer Aplrov~d as to form Leshe L/4_~lley, C~ty Att~ Item IV-K. 7. CONSENT AGENDA ITEM # 4O072 ORDINANCES Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize license refunds in the amount of $14,510.$8 upon application of certain persons and upon certification of the Commissioner of the Revenue for payment. Voting: 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 1~ Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: i ii i ii I I i · Ucense Date NAME Year Paid Base Penalty Int. i 11 mi i i ii i i i I i i ii Alpha Transmission, Inc. 240 Pennsylvania Avenue Virginia Beach Va. 23462 1995-96 7 14-95 119.09 Baby Lady of Kempsville, Inc. T/A Baby Lady 5748 North Ottawa Road V~rg[n~a Beach, VA 23462 AUDIT 28.34 119.09 28.34 CertIfied as to Payment. Commmloner of the Revenue Th~s ordinance shall be effective from date of adoption The above abatement(s)totaling .. $ .14 7 .,43 Approved as to form: City Attorney were approved by the Council of the City of V~rg~ma Beach on the 28 day of November .19 95~ Ruth Hoclges SmIth C;,,tv C!erk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPUCATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: i , Il I II NAME Ucense Date Base Penalty Int. Ye~' P~id Banek, Edward A. 1995 T/A Handle With Care Pack Store 980 Kings Cross Vzrginia Beach, VA 23452 Audit 364.87 Baumann, Inc. T/A Frankies Place For Ribs 5636 S.W. 118 Avenue Cooper City, FL 33330-4173 1995 Audit 1,880.38 Calayo, Ma. Aurora 1995-96 T/A Variety Thrift Store-Antique 3788 Shore Drive Virginia Beach, VA 23455 10-09-95 30.00 364.87 1,880.38 30.00 Th~s ordInance shall be effective from date of adoptIon The above abatement(s) totaling $ 2,275.25 of the C~ty of V~rg~n~a Beach on the 28 day of Certified as to Payment' ~ert P Vaugha~ - Commissioner of the Revenue Approved as to form: City Attomey were approved by the Council November 0 19 95 Ruth Hodges Smith AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPUCATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: i · i i i i Ucense Date Base Penalty Int. Year Paid 1994 Audit l, 043.31 Charlie's Truck Stop, Inc. 1211 Olney Road Norfolk, VA 23504 Commercial Structures, Inc. 199~-95 4455 South Boulevard Suite #250 Virginia Beach, VA 23452 Audit 786.26 Comped, Inc. c/o Thomas Crahen 4 Century Drive Parsippany, NJ 07054 1995 Audit 1,199.62 1,043.31 786.26 1,199.62 Cemfied as to Payment Comm,smoner of the Revenue Approved as to form: Th~s ordinance shall be effective from date of adoption. $3,029.19 The above abatement(s) totaling .... of the City of V~rg~ma Beach on the day of Leslie L Lilley City Attorney were approved by the Council November 95 Ruth Hodges Smith C',tv ~rk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: i i i i i I i Ucense Date Base Penalty Int. NAME Year Paid i i i i i ii iii i Counterstrike, Inc. 880 South Spigel Drive Virginia Beach, VA 23454 1993-95 Audit 140.00 George, James F. 1294 Credle Road #C Virginia Beach, VA 23454 1995-96 18 33-95 50.00 Healthsouth Rehabilitation Center of VA Beach Limited Partnership Two Perimeter Park South 1994-95 Birmingham, AL 35243 Audit 4,381.56 Total 140.00 50.00 4,381.56 This ordinance shall be effective from date of adopt:on. The above abatement(s) totaling s4.571.56 of the City of V~rglma Beach on the 28 day of Certified as to Payment: Commissioner of the Revenue Approved as to form City Attorney were approved by the Council November , 19 ....___ 95 Ruth Hodges Smith C,~ Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: i I i iii i ii i I i I · I · ii I i Ucense Date NAI~IE Year P~id Ba.~ Pe~ Int. I 11 ' I IIII Il I I Inl I I I Horizon Services, Inc. 1644 Hawks Bill Drive Virginia Beach, VA 23464 1993-94 Audit 70.00 Jeanne West & Associates, Ltd. T/A Coldwell Banker Jeanne West & Associates 1937 Laskin Road 1994 Virginia Beach, VA 23451 Audit 1,532.98 Kah Imports, Inc. T/A Virginia Beach Acura 3496 Holland Road Virginia Beach, VA 23452 1994-95 Audit 671.06 Total 7O. 00 1,532.98 671.06 Certifmd as to Payment: -- Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adopt[on. The above abatement(s) totaling $2,274.04 were approved by the Council of the City of Virginia Beach on the 28 day of November Ruth Hodges Smith C,ty Clerk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPLICATION OF CERTAIN PER.RONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: i ii ii i i ii i · i Ucense Date Base Penalty Int. NAME Year Paid Kenley, Jack Dr. T/A Chiropractic Center of VA Beach 114 South Witchduck Road Virginia Beach, VA 23462 1994-95 Audit 173.81 Lat Purser & Associates, Inc. 901 South Kings Drive #100 Charlotte, NC 28204 1995 Audit 538.26 Mead, Wayne C, T/A Gumball Madness 2304 Appletree Crescent Virginia Beach, VA 23456 1993-95 Audit 30.00 173.81 538.26 30.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $742,. 07 of the City of V;rgmla Beach on the 28 day of Certified as to Payment: Approved as to form: were approved by the Council November 0 19 .95 Ruth Hodges Smith C,ty Clerk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPLICATION OF CERTAIN PER,~K:)N$ AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE Crl'Y OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME l[ I I II I I iiii I I Date Base PenMty Int Paid I I i ii I Audit 53.69 Porter Equipment Co., Inc. 144 South Parliament Drive Virginia Beach, VA 23462 10-09-95 Rawls, Robert S. Jr. T/A Natures Own 3796 North Landing Road Virginia Beach, VA 23456 1995-96 6-09-95 60.00 Richby Corporation The 3612 Harding Drive Chesapeake, VA 23321 1993-94 Audit 1,042.81 I Il 53.69 60.00 1,042.81 This ordtnance shall be effective from date of adoptton. The above abatement(s) totaling $1,156.50 of the City of Virgima Beach on the 28 day of Certified as to Payment' Commissioner of the Revenue Approved as to form' City Attorney were approved by the Council November , 19 95 Ruth Hodges Smith (",tv ("lprk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: iii III I I I NAME Ucense Date Base Penalty Int. Year Paid i i i i i i Scott, Theirn J. T/A Scott Enterprises 923 Delaware Avenue Virginia Beach, VA 23451 Video Movies, Inc. T/A Video World 6411 Crescent Way #204 Norfolk, VA 23513 1993-95 Audit 141.11 1994 Audit 60.64 141.11 60.64 This ordinance shall be effective from date of adoption. The above abatement(s) totaling .~n]. 75 28 of the City of Virginia Beach on the _ day of Certified as to Payment. Commissioner of the Revenue Approved as to form: were approved by the Council November . 19 95 Ruth Hodges Smith {'"',t\, AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPUCATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of Revenue are hereby approved: i ii iii i i i i i i ii i NAME Ucense Date Year Paid Base Penalty Medical Audit Consulting, Inc. 975 Autumn Harvest Drive 1993-94 Virginia Beach, VA 23464 Moots, Gerald W. 1113 Elder Avenue #B Chesapeake, VA 23325 Audit 48.60 Oliver, Stuart L. T/A Olivers Farm Market 4856 Haygood Road Virginia Beach, VA 23455 1992-94 Audit 34.46 1994 Audit 29.73 Total 48.60 34.46 29.73 Th~s ordInance shall be effectIve from date of adoption. The above abatement(s) totahng #112.79 of the C~ty of Virg~ma Beach on the 28 day of Certified as to Payment: Comm,ss,oner of the Revenue Approved as to form: were approved by the Councd November , 19 95 Ruth Hoclges Smith C,ty Clerk - 31 - Item IV-L. PUBLIC HEARING ITEM # 40073 PLANNING Vice Mayor Sessoms DECLARED a PUBLIC HEARING on: PLANNING 1. MOUNT BETHEL BAPTIST CHURCH CONDITIONAL USE PERMIT 2. KYLER S. ESCALERA CONDITIONAL USE PERMIT 3. M. E. COX CENTER FOR ELDER DAY HEALTH CARE CONDITIONAL USE PERMIT 4. CI~EDS RURITAN CLUB CONDITIONAL CHANGE OF ZONINGS CONDITIONAL USE PERMIT $. CENTEX REAL ESTATE CORPORATION CHANGE OF ZONING 6 NANCY AND ELZIE ALBERTSON CHANGE OF ZONING 7. CITY OF VIRGINL4 BEACH AMEND CZO re B-3A PEMBROKE CENTRAL BUSINESS CORE ZONING DISTRICT AMEND Section 5.6/ Subdivision Regulations AND, FLOODPLAIN REGULATIONS AMEND CZO/Section 5B Site Plan Ordinance/ ADD Section 6.1(m) Subdivision Ordinance. November 28, 1995 - 32 - Item 1V-L. PUBLIC HEARING ITEM # 40074 PLANNING Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council APPROVED in ONE MOTION Items 1, 3, and 6 of the PLANNING BY CONSENT AGEND/L Voting: 10-0 (By ConsenO 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, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 Item VI-L.I. PUBLIC HEARING ITEM # 40075 PLANNING Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of MOUNT BETHEL BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MOUNT BETHEL BAt~IST CHURCH FOR A CONDITIONAL USE PERMIT R011952000 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mount Bethel Baptist Church for a Conditional Use Permit for a church on the east side of Indian River Road, north of Stumpy Ixtke Lane. Said parcel is located at 4636 Indian River Road and contains 2.9 acres. KEMPSVILLE BOROUGH. The following conditions shah be require& Prior to the submission of detailed construction plans, the applicant shah meet with Planning Department staff to discuss tree preservation and the location of required best management practice facilities for stormwater control. 2. The site must connect to City sewer. Category I landscape material shall be installed along the Southern side of the temporary classroom to provide screening from Indian River Road. The temporary classroom is approved for a period of five (5) years. Any desired renewal will be through the Planning Commission and City Council, not administrative. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of November. Nineteen Hundred and Ninety-Five. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 Item VI-L.2. PUBLIC HEARING ITEM # 40076 PLANNING 1~ C. Rudy, Phone: 481-3808, represented the applicant Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council DENIED an Ordinance upon application of KYLER S. ESC,4LF~RA for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KYLER S. ESCALERA FOR CONDITIONAL USE PERMIT FOR MOTOR VEHICLES SALES Ordinance upon application of Kyler S. Escalera for a Conditional Use Permit for motor ve~icle sales on the north side of Virginia Beach Boulevard, 130 feet east of the Norfolk/Virginia Beach Expressway. Said parcel is located at 1786 - 1788 Virginia Beach Boulevard and contains 17,000 square feet. LYNNHA VEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 Item VI-L.3. PUBLIC HEARING ITEM # 40077 PLANNING Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of M. E. COX CENTER FOR ELDER DAY HEALTH CARE, INC. for a Conditional Use Permit: ORDINANCE UPON APPLIC. ATION OF M. E. COX CENTER FOR ELDER DAY HE/ILTH CARE, INC. FOR A CONDITIONAL USE PERMIT ROI 1952001 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of M. E. Cox Center for Elder Day Health Care, Inc. for a Conditional Use Permit for a day care center for the elderly at the southeast corner of North Lynnhaven Rod and Little Neck Road. Said parcel is located at 644 North Lynnhaven Road and contains 11.969 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: . An automatic sprinkler system and an automatic fire alarm system, meeting the approval of the City Fire Protection Engineer, shall be provided. 2. The parking area Southwest of the Day Care Center shall be striped to delineate individual parking spaces and travel aisles. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth o_f November. Nineteen Hundred and Nine~_ -Five. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis iZ Jones, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 Item VI-L.4. PUBLIC HEARING ITEM # 4O078 PLANNING Attorney Edward Bourdor~ Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Donald Horsley presented petitions in SUPPORT of the application. Said petitions are hereby made apart of the record. Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED Ordinances upon application of CREEDS RURITAN CLUB for Conditional Changes of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICA TION OF CREEDS R URITAN CLUB FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO 0-2 Z011951472 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Creeds Ruritan Club for a Conditional Change of Zoning District Classification from AG-1 Agricultural District to 0-2 Office District located 600 feet west of Princess Anne Road beginning at a point 800 feet more or less south of North Stowe Road. The proposed zoning classification change to 0-2 is for office land use. The Comprehensive Plan recommends use of this parcel for agriculture use in accordance with other plan policies. Said parcel is located at 1057 Princess Anne Road and contains 1.2 acres. PUNGO BOROUGH. AND ORDINANCE UPON APPLICA TION OF CREEDS R URITAN CLUB FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO 0-2 Z011951473 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Creeds Ruritan Club for a Conditional Change of Zoning District Classification from AG-2 Agricultural District to 0-2 Office District on the west side of Princess Anne Road beginning at a point 800 feet more or less south of North Stowe Road. The proposed zoning classification change to 0-2 is for office land use in accordance with other Plan policies. Said parcel is located at 1057 Princess Anne Road and contains 2.54 acres. PUNGO BOROUGH. AND ORDINANCE UPON APPLICA TION OF CREEDS R URITAN CLUB FOR A CONDITIONAL USE PERMIT FOR A PRIVATE CLUB, LODGE, SOCIAL CENTER, ELEEMOSYNARY ESTABLISHMENT AND ATHLETIC CLUB R011952002 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Creeds Ruritan Club for a Conditional Use Permit for a private club, lodge, social center, eleemosynary establishment and athletic club on the west side of Princess Anne Road beginning at a point 800 feet more or less south of North Stowe Road. Said parcel is located at 1057 Princess Anne Road and contains 3. 74 acres. PUNGO BOROUGH. November 28, 1995 - 37 - Item VI-L.4. PUBLIC HEARING ITEM # 40078(Continued) PLANNING The following conditions shall be required: 1. Hours of operation shall be limited to 6 AM through 11 PM. 2. Outdoor events shall not involve the use of amplified musical equipment after 7 PM, or sunset, whichever comes earliest, subject to review by City Council shouM noise level cause complaints from neighbors. All parking shall be provided in the existing parking lot adjacent to the building, as shown on the submitted site plan and in that area lying between the building and the rear property line. 4. Existing hardwood trees within the front 230 feet of the site shall be retained. These Ordinances shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -eie_hth of November. Ninetee~ Hundred and Nine~_ -Five. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf Vice Mayor Sessoms ABSTAINED as he is an employee of Central Fidelity Bank who does business with Rainbow Gardens, Inc. (Creeds Ruritan). Councilman Baum DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is a member of Creeds Ruritan Club. Councilman Baum declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Baum's letter of November 28, 1995, is hereby made apart of the record. November 28, 1995 City of V~rginia Beach In P. aply Refer To Our File No. DF-95-3990 DATE: November 13, 1995 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali ~jv- DEPT: City Attorney Conditional Zoning Application Rainbow Gardens, Inc. (Creeds Ruritan) The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 28, 1995. I have reviewed the subject proffer agreement, dated September 22, 1995, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. MM Enclosure RAINBOW GARDENS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 22nd day of September, 1995, by and between RAIN~OW GARDENS. INC., a Virginia corporation, GRANTOR, party of the first part, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the second part. WHEREAS, GRANTOR is the owner of a certain parcel of property located in the Pungo Borough of the City of Virginia Beach, containing approximately three and seventy-four hundredths of an acre (3.74) and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from AG-2 and AG-1 Agricultural Districts to 0-2 Office District; and WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to per,it differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the GRANTOR' S proposed re-zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the ~¢^,N~ ~ou,oo, GRANTOR'S re-zoning application gives rise; and & AHERN. P C AI"TORNEYS AT LAW - 1 - S CARNES, BOUROON & AHERN, P C ATTORNEYS ATLAW WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the re-zoning and the need for which is generated by the re-zoning. NOW, THEREFORE, the GRANTOR, its successors, personal representatives, assigns, GRANTEES, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or auld pro quo for zoning, re-zoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, their successors, personal representatives, assigns, GRANTEES, and other successors in interest or title: 1. Subject to applicable provisions of the Comprehensive Zoning Ordinance, the only uses which will be permitted are: a) Office of nonprofit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, religious organizations, and labor unions; provided, however, that no hiring halls shall be permitted in this district. b) Private clubs and lodges, social centers, eleemosynary establishments and athletic clubs. c) Governmental centers and offices and other public uses and structures appropriate to the character of the district, necessary to its servicing, or requiring location within the district. d) Business offices of real estate or insurance establishments. - 2 - Y'KES, CARNES. BOURDON & AHERN, P C ATTORNEYS AT LAW 2. No more than eight hundred twenty-seven (827) square feet of office space can be utilized for business offices of real estate or insurance establishments and governmental centers and offices and other public uses and structures appropriate to the character of the district, necessary to its servicing, or requiring location within the district. 3. The Category VI Landscaping along the southern property line shall be retained. The existing trees between Princess Anne Road and the office area meeting the requirements for Standard B Scenic Easements described in Article 3.5 of the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach as adopted on April 18, 1988 shall be retained. 4. No portion of any building or other structure on the property shall exceed thirty-five feet (35') in height. All references hereinabove to AG-2, AG-1 and 0-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the 22nd day of September, 1995, which are by this reference incorporated herein. The above conditions, having been proffered by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such - 3 - instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTOR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the review thereof prior · to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning ~.~,.~sBou,~ Department, and they shall be recorded in the Clerk's Office of & AHERN, P C ^~O,NEYS~w the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the GRANTEE. - 4 - WITNESS the following signature and seal: RAINBOW GARDENS, INC., a Virginia corporation Barbara L. Kimsey, P3~esident STATE OF NEW JERSEYw/' CITY/COUNTY OF , to wit: % foregoing/_ i. ns/trument this ay of .~.L~F~.4- , President of corporation. Rainb~ow ~ Gardens, was acknowledged 1995, by Barbara Inc., on behalf before me L. Kimsey, of said f ~ Notary Public My Commission Expires: LILLIAN GURRIERI NOTARY PUBLIC OF NEW JERSEY My Commtss~on Expires April 14, 1997 5485i =5 CARNES BOURIX3414 & ~'~ERN P C ~,TTORNEY$ AT LAW - 5 - City of Virginia Eleach COUNCILMAN JOHN A BAUM BLACKWATER BOROUGH 6465 CRAGS CAUSEWAY VIRGINIA BEACH VIRGINIA 23457 (804) 421-2652 November 28, 1995 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: . The transaction for which I am executing this written disclosure is the Council's discussion and vote on the applications of Creeds Ruritan Club for conditional change of zoning district classification from AG-1 and AG-2 to O- 2, and for a conditional use permit . The nature of my personal interest is that I am a member of Creeds Ruritan Club. However, I do not receive any salary or other compensation from Creeds Ruritan Club, do not have an ownership interest in the organization, and do not incur or assume any personal liability on behalf of the organization. In fact, I pay Creeds Ruritan Club membership dues in the amount of sixty dollars per year. w Although the City Attorney has advised me that this interest does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Mrs. Ruth Hodges Smith -2- November 28, 1995 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, 2ncA'ihff2TM JAB/clb Enclosure City of Virginia Beach LESLIE L LILLEY CITY ATTORNEY In Reply Refer To Our File No. OP-329 MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456-9004 (804) 427 4531 FAX (804) 426-5687 TOO (804) 427-4305 November 28, 1995 Councilman John A. Baum Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Opinion Dear Councilman Baum: I am writing in response to your request for an opinion regarding your ability to participate in City Council's discussion and vote on the applications of Creeds Ruritan Club for conditional change of zoning district classification from AG-1 and AG-2 to 0-2, and for a conditional use permit. The applications are scheduled for the November 28, 1995, meeting of the Council. .SUMMARY CONCLUSION From my review of the State and Local Government Conflict of Interests Act (the "Act") and the information provided by you as referenced below, I am of the opinion that you do not have a personal interest in the applications of Creeds Ruritan Club for conditional change of zoning district classification from AG-1 and AG-2 to 0-2, and for a conditional use permit. Thus, you would be permitted to participate in Council's discussion and vote on the applications without restriction. For your information, I have outlined the disclosure requirements of § 2.1-639.14(G) of the Act should you desire to disclose your relationship and participate. I have also outlined the applicable provisions for abstention set forth in § 2.1-639.14(E) of the Act should you choose not to participate. Councilman lohn A. Baum -3- November 28, 1995 Re: Conflict of Inm, ests Opinion from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal propex~ when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) personal l/ability incurred or assumed on behalf of a business which ex~ 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his /mrnediate family has a personal interest in prope~ or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the Wansaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Appli~tion of D0finifions A. Personal Interest A personal interest exists by reason of one of five specified categories, as noted above in the definition of 'personal interest'. Specifically, my review of those categories and the facts presented indicate that with respect to Creeds Ruritan Club, you do not receive any salary or other compensation from the organization, do not have any ownership interest in the organization, and do not incur or assume any personal liability on behalf of the organization. Therefore, I conclude that you do not have a personal interest in Creeds Ruritan Club as defined by the Act. B. P~rsonal Interest in the Transaction You do not have a "personal interest" as defined above; therefore, you cannot have a "personal interest in the transaction" as defined in the Act. m. Disclosure Requirement~ Based on the fact that you do not have a personal interest in the applications of Creeds Ruritan Club for conditional change of zoning district classification from AG-1 and AG-2 to 0-2, and for a conditional use permit, you are not restricted in voting as to the applications. Nevertheless, if you are concerned that your participation in Council's discussion and vote on the applications may create some appearance of impropriety because of your position, there are two options available to you which may diffuse any perception problems that may arise: Councilman lohn A. Baum Re: Conflict of Interests Opinion November 28, 1995 Xe You may either disclose the facts as presented herein and proce~ to vote as to the applications; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of knproper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in Council's discussion and vote on the applications without restriction. I have also opined that you may choose to disclose your interest and participate. However, if you are concerned that participating, even after disclosure, could create an unacceptable appearance, you may abstain from participating under § 2.1-639.14(E) provided that you first disclose your interest in the transactions. Please contact me should you desire any additional information. City Attorney LLL/RMB/clb Enclosures _ . Item ~I-L.$. PUBLIC HEARING PLANNING ITEM # 40079 Attorney R. J. Nutter, 999 Waterside Drive, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Branch, City Council AI~PTED an Ordinance upon application of CENTEX REAL ESTATE CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF CENTEX RF_ML ESTATE CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-15 Z011951474 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Centex Real Estate Corporation for a Change of Zoning District Classification from B-2 Community Business District to R-15 Residential District at the northwest corner of Sandbridge Road and Las Brisas Drive. The proposed zoning classification to R-15 Residential District is for single family residential land use on lots no less than 15,000 square feet. The Comprehensive Plan recommends use of this parcel for retail/service use. Said parcel is located at 1724 Sandbridge Road and contains 19.85 acres. PRINCESS ANNE BOROUGH. This ordinance shall be effective in accordance with Section 107 69 of the Zoning ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of November. Nineteen Hundred and Nine~_ -Five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis t~ Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 - 39 - Item VI-L.6. PUBLIC HEARING ITEM # 40080 PLANNING Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of NANCY AND ELZIE ~4LItERTSON for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF NANCY AND ELZIE ALBERTSON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40 TO R-20 Z011951475 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Nancy & Elzie Albertson for a Change of Zoning District Classification form R-40 Residential District to R-20 Residential District at the northeastern extremity of Ingram Road. The proposed zoning classification change to R-20 is for single family residential land use on lots no less than 20,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel is located at 573 Ingram Road and contains 21,270 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -¢ightH of November. Nineteen Hundred and Nine~_ -Five. Voting: 10-0 (By ConsenO 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, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 Item VI-L. 7a. PUBLIC HEARING ITEM tt 4OO81 PLANNING Ed Guidos, 313 Ferdinand Circle, Phone: 490-2572, represented Columbus Station Condo Association Burrell F. Saunders, 3837 Jefferson Boulevard, Phone: 460-953716, represented the Central Business District Association William Cashman, 5544 Greenwich Road, Suite 200, Phone: 473-2000, represented the Central Business District Association Upon motion by Council Lady Strayhorn, seconded by Councilman Jones, City Council ADOPTED Ordinances upon application of the CITY OF VIRGINIA BEACH: AMEND the City Zoning Ordinance re B-3A Pembroke Central Business Core Zoning District -- Section 102(a) to establish B-3A District Section 111 re definitions "Outdoor Cafe" and "Outdoor Plazas" Section 203 re parking requirements Article 2, ADD Sections 233.01, 239.01 and 239.02 re conditional use permit requirements for multi-family dwellings, outdoor cafes and outdoor plazas Sections 900, 901, 902, 903, 904 and 905 re Legislative intent, urban uses, buiMing dimensional requirements, screening, buffering, height and sign regulations. AMEND Section 5.6 of the Subdivision Regulations re wider sidewalk widths. Voting: 10-0 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, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AMEND AND REORDAIN SECTION 102 OF THE CITY ZONING ORDINANCE, PERTAINING TO THE ESTABLISHMENT OF A NEW B-3A PEMBROKE CENTRAL BUSINESS CORE ZONING DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 102 of the City Zoning Ordinance, pertaining to the establishment of zoning districts, be, and hereby is, amended and reordained to read as follows: Section 102. Establishment of districts and official zoning maps. (a) In order to carry out the purposes and provisions of this ordinance, the following districts are hereby established and are hereby listed in order from most restrictive to least restrictive: (1) Preservation District. The Preservation District shall consist of: P-1 Preservation (2) Agricultural Districts. The Agricultural Districts shall consist of: AG-1 Agricultural District AG-2 Agricultural District (3) Residential Districts. consist of: of: Residential Districts shall R-40 Residential R-30 Residential R-20 Residential R-15 Residential R-10 Residential R-7.5 Residential R-5D Residential R-5R Residential R-5S Residential R-2.5 Residential Townhouse (4) Apartment Districts. Apartment Districts shall consist 42 A-12 Apartment 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 of' A-18 Apartment A-24 Apartment A-36 Apartment (5) Hotel District. Hotel District shall consist of: H-1 Hotel (6) Office Districts. Office Districts shall consist of: O-1 Office 0-2 Office (7) Business Districts. Business Districts shall consist of: B-1 Neighborhood Business B-iA Limited Community Business B-2 Community Business B-3 Central Business B-3A Pembroke Central Business Core B-4 Resort Commercial (8) Industrial Districts. Industrial Districts shall consist I-1 Light Industrial I-2 Heavy Industrial (9) [Reserved] (10) Planned Development Districts. Districts shall consist of: PD-H1 Planned Unit Development PD-H2 Planned Unit Development (11) Historic and Cultural District. Cultural District shall consist of: Historic and Cultural Planned Development The Historic and RT-4 Resort Tourist RT-3 Resort Tourist RT-2 Resort Tourist RT-1 Resort Tourist (12) Resort Tourist Districts. The Resort Tourist Districts shall consist of: 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Adopted by the Council of the City of Virginia Beach, 28 November Virginia, on this day of , 1995. CA-5933 WMM/ORDRES / 45-102. pro R-3 September 18, 1995 APPROVED AS TO CONTENT Planmng D~ppartment APPROVED AS TO LEGAL su c/ gv . Department of Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AMEND AND REORDAIN SECTION 203 OF THE CITY ZONING ORDINANCE, PERTAINING TO OFF-STREET VEHICULAR PARKING REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 203 of the City Zoning Ordinance, pertaining to off-street vehicular parking requirements, be, and hereby is, amended and reordained, and shall read as follows: Section 203. Off-street parking requirements. · · · · Cg) Notwithstanding any other provision of this section, within the B-3A Pembroke Central Business Core District, there shall be provided for nonresidential uses no fewer than 3.3 spaces per one thousand (1,000) square feet of gross floor area, and for residential uses no fewer than two (2) spaces per dwelling unit. Adopted by the Council of the City of Virginia Beach, Virginia, on this 28 day of November , 1995. CA-6045 WMM/ORDRES / 45-203. PRO R-2 September 18, 1995 APPROVED AS TO CONTENT Planmng Department APPROVED AS TO LEGAL Dep~art~nent of Law 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO AMEND AND REORDAIN SECTION 111 OF THE CITY ZONING ORDINANCE, PERTAINING TO DEFINITIONS OF OUTDOOR CAFES, OUTDOOR PLAZAS AND SETBACK BASELINES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance be, and hereby is, amended and reordained, and shall read as follows: Section 111. Definitions. · · · · Outdoor Cafe. An eating and drinking establishment located wholly or partially outdoors. Outdoor Plaza. An open area designed to create a special, pedestrian entryway to a major building or complex. · · · · Setback Baseline. An imaginary line, generally corresponding to the street centerline and established on the Pembroke Central 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Business Core District Setback Baseline Map, for use in determining front and side yard setbacks within the area defined as the Pembroke Central Business Core District. Adopted by the Council of the City of Virginia Beach, Virginia, on this 2~ day of November , 1995. CA-5985 WMM/ORDRES / 45-111. PRO R-3 September 18, 1995 APPROVED AS TO CONTENT Planning D-L~partmcnt APPROVED AS TO LEGAL SUFFI¢I CY . ! I .. Department of Law 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AN ORDINANCE TO AMEND AND REORDAIN THE CITY ZONING ORDINANCE BY ADDING A NEW SECTION 233.01, PERTAINING TO CONDITIONAL USE PERMITS FOR MULTIPLE-FAMILY DWELLING UNITS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Zoning Ordinance be, and hereby is, amended and reordained by adding a new Section 233.01, which shall read as follows: Sec. 233.01 Multiple-family dwelling units in the B-3A Pembroke Central Business Core District. In addition to general requirements, the following special requirements and limitations shall apply to multiple-family dwelling units in the B-3A District: la) For every seventy-five thousand 175,000) square feet of commercial space in a given development project, the developer may build twenty five (25) dwelling units within that project. lb) For every additional five thousand 15,000) square feet of commercial space above seventy five thousand (75,000) square feet of commercial space in a qiven project, the developer may build one Il) additional dwelling unit within that project. Adopted by the Council of the City of Virginia Beach, Virginia, on this 28 day of November , 1995. CA-5983 WMM/ORDRES / 45-233. pro R-3 September 18, 1995 APPROVED AS TO CONTENT Planmng Department APPI~OVF.~ AS TO LEGAL SU IE Y . Dep~rt-me-nt of Law ! ' 10 11 12 13 14 15 16 17 AN ORDINANCE TO AMEND AND REORDAIN THE CITY ZONING ORDINANCE BY THE ADDITION OF NEW SECTIONS 239.01, PERTAINING TO OUTDOOR CAFES, AND 239.02, PERTAINING TO OUTDOOR PLAZAS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Zoning Ordinance be, and hereby is, amended and reordained by the addition of new Sections 239.01, pertaining to outdoor cafes, and 239.02, pertaining to outdoor plazas, which shall read as follows: Section 239.01. Outdoor Cafes in the B-3A Pembroke Central Business Core District. Outdoor cafes in the B-3A Pembroke Central Business Core 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 District shall be subject to the following requirements: (a) No more than two thousand (2,000) square feet of the floor area of a cafe may be located outside of an enclosed building. No minimum or maximum floor area requirement shall apply to that portion of a cafe enclosed within a building; (b) The required front yard setback of an outdoor cafe may be increased beyond the maximum setback otherwise allowed within the B-3A District by no more than twenty (20) feet to accommodate such use; and (c) Encroachments into the public right-of-way may be maintained upon approval by the City Manager or his designee in accordance with, and subject to the requirements of, Section 33-114.3 of the City Code. Section 239.02. Outdoor Plazas in the B-3A Pembroke Central Business Core District. Outdoor plazas in the B-3A Pembroke Central Business Core District shall be subject to the followinq requirements: (a) Outdoor plazas may only be located at the entrances to a major buildinG, building complex or parking facility. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 (b) The required front yard setback of an outdoor plaza may be increased beyond the maximum setback otherwise allowed in the B-3A District by no more than fifty (50) feet to accommodate such use. In addition, the overall frontage width of such setback shall not exceed thirty (30) percent of the total buildable frontaqe along any qiven block. Adopted by the Council of the City of Virginia Beach, Virginia, on this 28 day of November , 1995. CA-5935 WMM/ORDRES / 45- 239. pro R-3 September 18, 1995 APPROVED AS TO CONTENT P|anmng Dcpa~mcnt APPROVED AS TO LEGAL SU CY. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 900, 901, 902, 903, 904 AND 905 OF THE CITY ZONING ORDINANCE, CREATING THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT AND AMENDING CERTAIN REGULATIONS APPLICABLE IN OTHER BUSINESS ZONING DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 900, 901, 902, 903, 904 and 905 of the City Zoning Ordinance be, and hereby are, amended and reordained, and shall read as follows: Sec. 900. Legislative intent. The purpose of the B-1 Neighborhood Business District is to provide areas where a limited range of business establishments can be located near or adjacent to residential development without adversely impacting the adjacent residential area. The purpose of the B-lA Limited Community Business District is to provide areas where limited commercial development can be dispersed to support the needs of nearby residential neighborhoods. The purpose of the B-2 Community Business District is to provide land needed for community-wide business establishments. This district is intended for general application in the city. It is intended that, by the creation of this district, business uses will be geographically concentrated. The purpose of the B-3 Central Business District is to set apart that portion of the city which forms the metropolitan center for financial, commercial, professional and cultural activities, including business, professional and cultural development in a manner that complements the B-3A Pembroke Central 34 35 36 37 38 39 4O 41 42 Business Core District and the policies identified in the City of Virginia Beach Comprehensive Plan. It is intended that any uses likely to create friction with these proposed types of activities will be discouraged. This district is not intended for general application throughout the city. The purpose of the B-3A Pembroke Central Business Core District is to optimize development potential for a mixed-use, pedestrian-oriented, urban activity center with mid- to high-rise structures that contain numerous types of uses, including business, retail, residential, cultural, educational and 43 44 45 46 other public and private usesT. The B-3A district is intended to comprise publicly accessible community open space areas, generally reflective of the concepts identified in the city's Comprehensive Plan and the Pembroke Central Business District Master Plan. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Requests for rezonings to the B-3A Pembroke Central Business Core District shall be limited within the area bound by Independence Boulevard, Jeanne Street, Constitution Drive and the Norfolk- Southern Railroad right of way. As to those buildings and structures rendered nonconforming by a rezoning to B-3A, it is the intent of the City Council to encouraqe their appropriate expansion or renovation by resolution, as set forth in Section 105, in order to effectuate the intent of this section. It is intendcd that any activiti~ '-Jill bc disccuragcd. This district is not intended for general application throughout the city. The purpose of the B-4 Resort Commercial District is to provide for retail and commercial service facilities to serve the needs of visitors to existing resort areas and residents living in or adjacent to such areas. It is not the intent to create additional B-4 Districts or enlarge the limits of existing B-4 Districts. Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principle uses indicated by a "P" or as conditional uses indicated by a "C". Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE Animal hospitals, veterinary establish- ments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air- conditioned buildings B-1 B-iA B-2 B-3 B-3A B-4 P P P P P P 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Attackc~ dwcllinga Auditoriums, assembly halls, and union halls X Automobile repair garages and small engine repair establishments, provided that all repair work shall be performed within a building X Automobile repair establishments dealing exclusively in minor repairs of the type provided at automobile service stations X Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty five (25) feet in width and where lots separated by a district boundary have adjacent front yards, Category VI screening shall separate the automobile service station use from the adjacent residential district or apartment district and no ground sign shall be within fifty (50) feet of the residential district or apartment district X Bakeries, confectioneries and delicates- sens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises P Bicycle and moped rental establishments X Bingo halls X Boat sales X Borrow pits X Bulk storage yards and building contract- ors yards; provided that no sale or processing of scrap, salvage or second- hand material shall be permitted in such yards; and, provided further that such storage yards shall be completely B-1 B-iA B-2 X X X B-3 B-3A B-4 X D X C X X C X C C X C X C C X C P P P P P X X X _X C X C X X C X P X X P X C X X X C P P P P 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 B-1 enclosed except for necessary openings in ingress and egress by a fence or wall not less than six (6) feet in height X Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities X Business studios, offices and clinics P Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility X Child care and child care education centers C Churches X Commercial parking lots, parking garages and storage garages X Commercial parkinq qaraqes and storaqe qaraqes which include car wash, car rental or car detailinq services when wholly enclosed within a parkinq structure and accessory thereto ~ Commercial recreation facilities other than those of an outdoor nature X Dormitories for marine pilots X Drugstores, beauty shops and barbershops and other similar personal service establishments P Dwellinqs, Attached ~ Dwellinqs, Multi-family ~ Eatinq and drinkinq establishments without drive-throuqh windows, when not freestandinq and incorporated inside a mixed use buildinq, except as otherwise specified in this section ~ B-iA B-2 B-3 B-3A B-4 x c c x c C P P P P C C C C C X P P P P x c c p c X C C C P x x x x c P P P P P X X X X P X X X C P P P P P P P P P P P x c x x x 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 B-1 Eating and drinking establishments with drive-through windows, except as specified below X Eating and drinking establishments where all four of the following occur: 1. Alcoholic beverages are served; 2. The establishment is located within five hundred (500) feet of a residential or apartment district; 3. The establishment operates at any time between 12:00 midnight and 2:00 am; 4. The establishment excludes minors (persons under eighteen (18) years of age) during any part of the day, or provides entertainment, audible from an adjoining property. X Financial institutions P Flea markets X Florists, gift shops and stationery stores P Funeral homes X Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; scrvicc ~ ~ .... carpet and linoleum laying; tile setting, sign shops and other small service businesses X Greenhouses and plant nurseries X Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than f~ve thousand (5,000) square feet C Grocery stores, carry-out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five B-iA B-S B-3 B-3A B-4 P P P P P P P P X P P P P X P P P X X P C P P X P x c c c c P P P P P X C C C C X P P X P 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 thousand (5,000) square feet Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet P Heliports and helistops X Home occupations X Homes for the aged, disabled or handi- capped, including convalescent or nursing homes; maternity homes; child care centers other than covered under permitted principal uses hereinabove, when not operated by a public agency, provided that the maximum density for homes for the aged shall be sixty (60) dwelling units per acre and the maximum height shall not exceed one hundred and sixty five (165) feet, provided however, that thc a!ic-~c~ cxccs: thc ~ ~ ":~ ~- s~ruc.ure ......... excess height; -~ withstanding ~ ~ .... no structure shall exceed the height limit established by section 202(b) regarding air navigation X Hospitals and sanitariums X Hotels and motels X Hotels and motels with increased lodging unit density and height, provided that the maximum density shall be one hundred and twenty (120) lodging units per acre, the minimum lot area shall be one (1) acre and the maximum height shall be one hundred (100) feet; notwithstanding the above, no structure shall exceed the height limit established by Section 202 (b) regarding air navigation X B-1 B-iA B-2 X X P B-3 P B-3A B-4 C P X X X X C x x x c c X C C C C X X P P P P P P C P X C C C C x x x c c 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 B-1 Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices X Laundry and dry cleaning agencies P Liquor stores, package only P Marinas, commercial X Medical and dental offices and clinics P Medical laboratories X Mini-warehouses X Mobile home sales X Motor vehicle sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet X Motor vehicle sales and rental, provided such use is wholly enclosed within a buildinq, and further provided that no outdoor use accessory to or in con~unction with the principal use shall be allowed ~ Museums and art galleries C Newspaper printing and publishing, job and commercial printing X Off-site parkinq facilities for any use within the B-3 or B-3A Districts may be permitted on any zoninq lot within either of those two d~stricts, provided all of the followinq requirements are met: (a) Structures for parkinq facilities shall conform to the requlations of the district in which located; (b) Off-site parkinq facilities shall be located within one thousand, five hundred (1,500) feet from the use they are intended to serve, but an no case shall any such facility be located opposite Virqinia Beach Boulevard unless qrade-separated pedestrian access is provided; (c) Off-site parkinq structures servinq uses within the B-3A District shall not B-iA B-2 B-3 B-3A B-4 X X X P P P P P P P P P P P X C C X C X P P P P P P P P P P P P P P X C C X C P P P P P X P P P P C C C X C X C X X X 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 be separated by Independence Boulevard; (d) A written aqreement assurinq continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such aqreement shall be recorded with the B-1 clerk of the court. Such aqreement shall stipulate that, if such space is not maintained or space acceptable to the planninq director substituted, the use or such portion of the use as is deficient in number of parkinq spaces shall be discontinued. The aqreement shall be subject to the approval of the city attorney .... ct. Cc.-.~cr c ia~ ~ ~ ~ ........ or u~= prcfilcd: a~uring :cntinuc~ availability cf .... i~ic- ~= ~ suc.. agrccmcnt B-iA B-2 B-3 B-3A B-4 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 B-1 a~rcva.~ ~ v~ ~..._ city attorncy X Outdoor cafes P Outdoor plazas ~ Passenger transportation terminals X Personal service establishments, other than those listed separately P Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs P Public buildings and grounds P Public utilities installations and sub- stations provided storage and main- tenance facilities shall not be per- mitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings P Public utilities offices X Public utility storage or maintenance installations X Radio and television broadcasting stations and line-of-sight relay devices X Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safe- guards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise X B-iA B-2 B-3 X X X P P P P P P X C C B-3A B-4 C P C P C C P P P P P P P P P P P P P P P X P P P P X C C X C C C C C C c c c c c P P P _P P 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 B-1 Repair and sales for radio and television and other household appliances and small business machines, cxcc-~ ~..cr~ suc.h five ~ ~-A~ (~, ..un ..... 500) square feet cf flocr arc: P Retail establishments, other than those listed separately, including the inci- dental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or resi- dential district, single- or multiple- family dwelling, church, park, or school X Satellite wagering facility X Specialty shops C Storaqe qaraqes Wholesaling and distribution operations, provided that such operations do not involve the use of: (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at more than one and one-half (1 and 1/2), or (iii) a total of more than five B-IA B-2 B-3 B-3A B-4 P P P P P P P P P P X C C C X P P P P P 10 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 B-1 B-IA B-2 B-3 B-3A B-4 (5) delivery vehicles X X P C ~ X (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures, including but not limited to: (1) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. The following a specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Sec. 90Z. Dimensional Requirements. (a) The following chart lists the requirements within the ~..~ ~_A B-l, , , , ...... ~ .... B-iA B-2 B-3 and B-4 Business Districts for minimum lot area, widthT and yard spacing, and ~-..axlm' '~- .... flcor area for all commercial uses and structures. 11 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 1) (2) (3) (4) (5) (6) (7) B-1 B-iA B-2 B-3 B-4 Minimum lot area in square feet: Minimum lot width in feet:* Minimum front yard setback in feet: 30 35 35 35 35 Minimum side yard setback in feet, unless a greater setback is required by section 903: 0 0 0 0 0 Minimum side yard setback adjacent to a street in feet: 30 35 35 35 35 Minimum rear yard setback in feet, unless a greater setback is required by section 903: 0 0 0 0 0 20,000 20,000 20,000 20,000 20,000 100 100 100 100 100 *Where applicable, newly created corner lots must also adhere to Section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots. (b) The following chart lists the requirements within the B-3A Pembroke Central Business Core District for minimum lot area, 476 477 478 479 480 481 482 483 484 485 486 487 488 489 width, and yard spacinq for all uses and structures. Minimum lot area in square feet: (2) Minimum lot width in feet:* (3) Minimum front and side yard setbacks along Virginia Beach Boulevard and Independence Boulevard, measured in feet from the setback baseline of the street as defined on the Pembroke CBD Core Setback Baseline Map: (4a) Minimum front and side yard setbacks along Constitution Drive, Columbus Street and Jeanne Street, measured in feet from the setback baseline of the street, as defined on the Pembroke CBD Core Setback Baseline Map: B-3A 10,000 100 98 55 12 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 (4b) Maximum front and side yard setbacks along Constitution Drive, Columbus Street and Jeanne Street, measured in feet from the setback baseline of the street, as defined on the Pembroke CBD Core Setback Baseline Map: (5a) Minimum front and side yard setbacks along Garrett Drive and any other streets created in the B-3A District, unless otherwise mentioned herein, measured in feet from the setback baseline of the street, as defined on the Pembroke CBD Core Setback Baseline Map: (5b) Maximum front and side yard setbacks along Garrett Drive and any other streets created in the B-3A District, unless otherwise mentioned herein, measured in feet from the setback baseline of the street, as defined on the Pembroke CBD Core Setback Baseline Map: (5c) Minimum front and side yard setbacks of structures fronting on and immediately across the street from the central park, as measured in feet from the setback baseline, as defined on the Pembroke CBD Core Setback Baseline Map: (5d) Maximum front and side yard setbacks of structures fronting on and immediately across the street from the central park, as measured in feet from the setback baseline, as defined on the Pembroke CBD Core Setback Baseline Map: (6) Minimum side yard setback in feet, unless otherwise identified herein or a greater setback is required by Section 903: (7) Minimum rear yard setback in feet, unless a greater setback is required by Section 903: 60 45 50 35 39 0 13 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 55O 551 552 553 554 555 556 557 *Where applicable, newly created corner lots must also adhere to Section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots. Except as otherwise provided herein, front yard setbacks affectinq only the first floor of multi-story buildinqs may be increased by no more than twenty (20) feet in order to allow the creation of covered passageways within the B-3A District. In addition, building setbacks adjacent to roadway intersections may be increased to provide safe and reasonable line-of-sight clearances· (~) The following chart lists the requirements within the B-3 and B-4 Business Districts for minimum lot area, width, yard spacingT .......~...~...~ .... ~~ ....... ~ and maximum density for lodging uses and structure· For hotels and motels (lodging units): B-3 B-4 (1) Minimum lot area in square feet: (2) Minimum lot width in feet:* (3) Minimum front yard setback in feet: 35 (4) Minimum side yard setback in feet: 20 (5) Minimum side yard setback adjacent to a street in feet: 10 (6) Minimum rear yard setback in feet: 20 ~(7) Maximum density for lodging units per acre: NA ~x3+(8) For each dwelling unit contained in a combination development, the number of allowed lodging units shall be reduced by two (2). 43,560 20,000 100 100 35 20 35 20 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots. (e) (d) The following chart lists the requirements within the B-4 Resort Commercial District for minimum lot area, width, yard 14 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 spacing, maximum lot coverage, maximum density and maximum number of units constructed in a single building for single-family attached dwellings (townhouses). For attached dwellings (townhouses): B-4 (1) Minimum lot area in square feet: 1,400 (2) Minimum average lot area in square feet: 2,500 (3) Minimum interior lot width in feet:* 14 (4) Minimum exterior lot width in feet: 30 (5) Minimum front yard setback in feet: 20 (6) Minimum side yard setback in feet: 10 (7) Minimum rear yard setback for dwellings in feet: 20 (8) Minimum rear yard setback for accessory buildings of less than 100 square feet, in feet: 5 (9) Maximum lot coverage by buildings and parking, excluding recreational buildings and surfaces in percent: 40 (10) Maximum density in dwellings per acre: 12 (11) Maximum number of attached dwellings in one (1) group without side yard setbacks: 6 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots. (~_e) The following chart lists the requirements within the B-4 Resort Commercial District for minimum lot area, width, yard spacing, maximum lot coverage and maximum density for multiple- family dwellings. For multiple-family dwellings (1) Minimum lot area in square feet: (2) Minimum lot width in feet: (3) Minimum front yard setback in feet:* (4) Minimum side yard setback in feet: (5) Minimum rear yard setback in feet: (6) Maximum lot coverage by buildings and parking, excluding recreational buildings and surfaces B-4 40,000 200 30 10 15 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 in percent: 75 (7) Maximum density in dwelling units per acre: 36 *Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots. Sec. 903. Landscape screening and buffering regulations. For the B-1 through B-4 Commercial Districts, the following landscape screening and buffering regulations shall apply: (a) When a zoning lot within a B-1 or B-lA Commercial District adjoins a residential, apartment or hotel district without an intervening street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the residential, apartment or hotel district. Category I landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards. (b) When a zoning lot within a B-2, B-3, B-3A or B-4 Commercial District adjoins a residential or apartment district without an intervening street, alley or body of water over twenty- five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the residential or apartment district. Category IV landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards. (c) When a zoning lot within a B-2, B-3, B-3A or B-4 Commercial District adjoins an O-1 office District without an intervening street, alley or body of water over twenty-five (25) feet in width, a ten-foot minimum yard shall be required along all lot lines adjoining the office district. Category I landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards. Sec. 904. Height regulations. (a) The maximum height for all uses and structures within the B-1 and B-lA Commercial Districts shall be thirty-five (35) feet. 16 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 (b) Where a zoning lot within the B-2, B-3, B-3A or B-4 Commercial District adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or a body of water over fifty (50) feet in width, the following maximum height regulations shall apply on that portion of the commercial zoning lot within one hundred (100) feet of the adjoining residential or apartment district· In cases where more than one of the following apply, the most restrictive shall apply. (1) When adjacent to Residential District, the maximum height shall be thirty-five (35) feet. (2) When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty-five (35) feet· (3) When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet· (4) When adjacent to A-36 Apartment District, the maximum height shall be one hundred and twenty (120) feet. (c) The maximum height for hotels and motels within the B-4 Resort Commercial District is seventy-five (75) feet. (d) Except as specified in items (a), (b) and (c) hereinabove, there shall be no maximum height regulations in the B- 2, B-3 and ~ ..... ~ B-4 Commercial Districts Within the B-3A ~AA~ ~AA · Pembroke Central Business Core District, the minimum building height shall be thirty- five (35) feet and the maximum building height shall be two hundred seventy-five (275) feet. (e) Notwithstanding the above, no building or other structure shall exceed the height limit established hy section 202(b) regarding air navigation. Sec. 905. Sign regulations. (a) In the B-1 Neighborhood Business District, signs shall be permitted as follows: (1) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than thirty-two (32) square feet of surface area of signage shall be 17 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 permitted; provided, however, that no establishment shall have more than three (3) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty-two (32) square feet. (2) Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one (1) center identification sign may be erected for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred (100) square feet of surface area. Such identification sign shall specify only the name of the center. (3) Signs advertising property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty- two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet of surface area. (4) Beacon lights or search lights may be permitted for advertising purposes for special events. (5) To facilitate occupancy in a new neighborhood shopping center containing a minimum of forty thousand (40,000) square feet of land area, one (1) temporary sign may be erected not 18 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 to exceed one hundred (100) square feet of surface area. Such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever comes first. (b) In the B-iA Limited Community Business District and in the B-2 Community Business District, signs shall be permitted as follows: (1) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than sixty (60) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than three (3) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet. (2) Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one (1) center identification sign for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred (100) square feet of surface area. Where there is an established community or regional commercial center containing a minimum of ten (10) establishments and fifteen (15) acres of land, one (1) center identification sign may be erected for each principal entrance not 19 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 exceeding two (2) faces, neither of which shall exceed one hundred fifty (150) square feet of surface area. Any such identification sign shall specify only the name of the center. (3) Signs advertising property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty- two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area. (4) Beacon lights or search lights may be permitted for advertising purposes for special events. (5) To facilitate occupancy in a community commercial center containing a minimum of fifteen (15) acres of land, one (1) temporary sign may be erected not to exceed two (2) faces, neither one of which shall exceed one hundred fifty (150) square feet of surface area. In a regional commercial center containing a minimum of thirty (30) acres of land, one (1) temporary sign may be erected not to exceed two (2) faces, neither of which shall exceed two hundred (200) square feet of surface area. Signs shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever comes first. (c) In the B-3 Central Business District, the following regulations shall apply: (1) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than sixty (60) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than three (3) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a 20 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet. (2) Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one (1) center identification sign for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred (100) square feet of surface area. Where there is an established community or regional commercial center containing ten (10) or more establishments and a minimum of fifteen (15) acres of land, one (1) center identification sign for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred fifty (150) square feet of surface area. Any such center identification sign shall specify only the name of the center. (3) Signs advertising property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty- two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area. (d) Within the B-3A Pembroke Central Business Core District, 800 801 802 803 804 the following regulations shall apply: (1) For each forty (40) feet of frontage and for each eiqhty (80) feet of lot line adjoininq a street, but not constituting frontaqe, not more than one (1) sign and not more than a total of twenty (20) square feet of surface area of signage shall 21 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 be permitted; provided, however, that no establishment shall have more than two (2) signs. Any establishment having at least twenty (20) feet but less than or equal to forty (40) feet of frontage may have one (1) sign not exceeding twenty (20) square feet of surface area. Any establishment having less than twenty (20) feet frontage may have one (1) sign not exceeding sixteen (16) square feet of surface area. (2) Signs for entrances to upper-floor residential dwelling units shall be permitted; provided that no such sign shall exceed eight (8) square feet of surface area, and that the number of signs shall be limited to one (1) sign on the ground floor at each principal entrance to such dwelling units. (3) Any building of six (6) stories or more in height shall be eligible for two (2) building identification signs. Together, the two (2) signs shall not exceed one hundred fifty (150) square feet of surface area, and both signs must be mounted on or above the fourth story of the building, but not above the roofline of the building. (4) Signs advertising property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty- two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area. (5) To facilitate occupancy in a new building, there shall be no more than one (1) temporary sign, which shall not exceed thirty-two (32) square feet of surface area. Such sign must be mounted on the portion of the building it advertises. Such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever event first occurs. 22 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 (6) Beacon lights or search lights may be permitted for purposes of advertisement of special events, provided the beam of light is directed away from buildings housing residential units. (7) No free-standing signs shall be allowed within the B- 3A District, except as follows: (i) one (1) building identification sign not to exceed thirty two (32) square feet may be erected within each outdoor plaza, (ii) two (2) gateway signs, together not exceeding one hundred (100) square feet, may be erected at each location where Central Business District Core Arterial or Collector streets enter the B-3A District. (iii) four (4) signs, totalling no more than one hundred twenty (120) square feet, identifying the central park, may be permitted thereon; and (iv) other free-standing signs, consistent with the general purpose and intent of the design provisions presented in the July, 1991 Pembroke Central Business District Master Plan, may be approved by the City Council. (~9) Within the B-4 Resort Commercial District, the sign regulations shall apply as follows: (1) For hotels and motels the following shall apply: (i) For each twenty (20) feet of frontage and for each forty (40) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than forty (40) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than four (4) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a 23 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty (30) square feet of surface area. (2) For all other uses and structures, the following sign regulations shall apply: (i) No sign located on or in any window or located behind any window in such a manner as to attract the attention of persons outside the establishment, shall have a surface area greater than twenty (20) percent of the surface area of such window, not to exceed sixteen (16) square feet. (ii) Signs containing or consisting of graphic or pictorial representations shall be permitted; provided, however, that the combined surface area occupied by such graphic or pictorial representations shall not be more than twenty (20) percent of the total sign allotment of an establishment or four(4) square feet, whichever is less. (iii) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than a total of sixteen (16) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than two (2) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No freestanding sign shall exceed two (2) faces, neither of which shall exceed thirty-two (32) square feet of surface area, and no sign of any other type shall exceed seventy-five (75) square feet of surface area. Any establishment having less frontage or lot 24 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 line adjoining a street than is required hereinabove may have one (1) sign not exceeding sixteen (16) square feet of surface area. (iv) Sign regulations pertaining to multiple-family dwellings shall be the same as those applying in the A--~ Apartment District~. (v) Where there is an established neighborhood commercial center containing at least five (5) establishments and at least forty thousand (40,000) square feet of land area, there shall be not more than one (1) center identification sign for each principal entrance. No such sign shall have more than two (2) faces, neither of which shall exceed thirty-two (32) square feet of surface area. Such identification sign shall contain only the name of the center. (vi) Signs advertising property for sale, lease or rent shall be permitted; provided, however, that no such sign shall exceed sixteen (16) square feet in surface area. Not more than two (2) such signs shall be permitted for any property having more than one hundred (100) feet of lot line at the street right-of-way, and any property having less than one hundred (100) feet of such lot line shall have no more than one (1) sign not exceeding sixteen (16) square feet of surface area. (vii) Beacon lights or search lights may be permitted for purposes of advertisement of special events for a period not in excess of forty-eight (48) hours. (viii) To facilitate occupancy in a new neighborhood commercial center containing at least forty thousand (40,000) square feet of land area, there shall be not more than one (1) temporary sign, which shall not exceed thirty-two (32) square feet of surface area. Such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever event first occurs. ~ (f) The provisions of this section shall be deemed to be severable, and if any of the provisions hereof be adjudged to be invalid or unenforceable, the remainder of this section shall remain in full force and effect and its validity shall remain unimpaired. 25 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 Adopted by Virginia, on this the CA-5984 WMM/ORDRES/45-900et. pro R-4 September 20, 1995 Council of 28 day of the City November of Virginia Beach, , 1995 . APPROVED AS TO CONTENT Planmng Department APPROVED AS TO LEGAL s,~,Wc¥. ,~, ~ / /[.1~i//~ . l ~ . t?b~z D~partn~e~t of Law ~ ' 26 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND AND REORDAIN SECTION 5.6 OF THE SUBDIVISION ORDINANCE, PERTAINING TO SIDEWALKS IN THE B-3A PEMBROKE CENTRAL BUSINESS CORE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5.6 of the Subdivision Ordinance be, and hereby is, amended and reordained, and shall read as follows: Section $.6. Sidewalks. Where constructed, sidewalks shall be in accord with the specifications of the department of public works, as approved by the council of the City of Virginia Beach. (a) Sidewalks forty-eight (48) inches in width or such additional width as required by the director of public works to match existing improvements shall be constructed on both sides of arterial or collector streets. (b) Sidewalks forty-eight (48) inches in width shall be constructed on both sides of minor streets within subdivisions proposed for multiple family or commercial use, except as specified in subsection (c) for subdivisions within the B-3A Pembroke Central Business Core District, and may be required on one or both sides of minor streets in subdivisions proposed for industrial use, if the director of planning finds such requirement necessary in view of desirable continuity of flow of substantial pedestrian traffic. (c) Sidewalks in the B-3A Pembroke Central Business Core 29 30 District shall be no less than one hundred twenty (120) inches (ten [10] feet) in width and shall be constructed on both sides of all 31 streets within the B-3A District. Sidewalks in the B-3A District 32 33 34 35 36 37 may be greater than ten (10) feet in width in order to insure adequate capacity to handle substantial levels of pedestrian traffic and approved outdoor activities. (e~) Sidewalks forty-eight (48) inches in width shall be constructed on one side of each minor street within subdivisions proposed for one-family, two-family or townhouse residential use 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 and where minimum lot width requirements as specified in the zoning ordinance are less than one hundred (100) feet. As an exception to this requirement, no sidewalk is required where not more than twenty-five (25) dwelling units could be constructed on property served by the street. This applies only if the street could not reasonable be extended to serve more dwelling units. (~_e) No sidewalks shall be required on minor streets in districts zoned for one-family residential use where the minimum lot width requirements as specified in the zoning ordinance are one hundred (100) feet or more. (e_f) Supplementary to the above requirements and notwithstanding any exceptions or exclusions made therein, where sidewalks required above fail to provide adequate access to schools, along pedestrian routes where substantial concentration of school pedestrian traffic is anticipated, sidewalks forty-eight (48) inches in width shall be provided on both sides of streets along the route of such concentration and within the subdivision, provided however: (1) No such sidewalks shall be required to be extended more than one-half mile from the point of access to the school grounds by normal pedestrian routes, except to include the full length of a block which would otherwise have such sidewalks for only a portion of its full length; (2) Where the pattern of proposed and potential development is such that safe, logical and convenient routing of school pedestrian traffic requires a sidewalk on only one side of the street, the director of planning may permit the provision of only one such sidewalk; and (3) Where the director of planning finds that walkways other than in the form of sidewalks at the edges of streets would provide safe, logical and convenient routing of pedestrian traffic, such walkways, constructed in a manner found by the director of public works to be appropriate to their purpose, may substitute for such sidewalks. 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this 28 day of November , 1995. CA-5934 WMM/ORDRES / 47-5. pro R-3 September 18, 1995 APPROVED AS TO CONTENT Planning Department APPROVED AS TO LEGAL D~'pa~ment of Law - 41 - Item l~l-L. 7b. PUBLIC HEARING ITEM # 4O082 PLANNING John Waller, 2313 Painters Lane, phone: 721-5004, spoke in OPPOSITION: Upon motion by Councilman Harrison, seconded by Council Lady Henley, City Council DEFERRED THIRTY DAYS (9 January 1995) FOR FURTHER STAFF REVIEW: Ordinances upon application of the CITY OF VIRGINIA BEACH, VIRGINIA: Floodplain Regulations: REPEAL Article 12; and, AMEND Sections 238 (1)(b) and 240(a) of the City Zoning Ordinance AMEND Section 5B of the Site Plan Ordinance ADD Section 6.1(m) to the Subdivision Ordinance Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf November 28, 1995 Item VI-M.1. APPOINTMENTS ITEM # 40083 Upon NOMINATION by Councilman Baton, City Council APPOINTED: SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SEVAMP Judith K. Connors Cornell Fuller 4 Year Terms 01/01/96-12/31/99 Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert tC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Nancy IC Parker and Vice Mayor William D. Sessotns, Jr. Council Members Voting Nay: So~e Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. Strayhorn November 28, 1995 Item VI-M.2. APPOINTMENTS ITEM # 40084 Upon NOMINATION by Councilman Baum, City Council APPOINTED; TRANSPORTATION SAFETY COMMISSION John E. Babb Robert K. Gey 3 Year Terms 11/01/95-10/31/98 Herman R. Campbell Unexpired thru 10/31/97 Thomas Holland Unexpired thru 10/31/96 Voting: 9-0 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, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. Strayhorn November 28, 1995 Item ~I-N.I. UNFINISHED BUSINESS ITEM # 40085 REFERENDUM BALLOT QUESTION BY CONSENSU~ City Council ADDED TO THE AGENDA: Resolution requesting the Circuit Court to order an Advisory Referendum re Referendum Ballot Question. November 28, 1995 Item VI-N.1. UNFINISHED BUSINESS REFERENDUM BALLOT QUESTION ITEM # 40085b Maurice Jackson, 112 S. Ditchley Road, Phone: 428-1470, represented the Citizens for Electoral Reform, and introduced a question. A MOTION was made by Councilman Dean, seconded by Council Lady Parker to ADOPT a Resolution requesting the Circuit Court to order an Advisory Referendum re the following question: "Should City Council request the General Assembly to amend the City's existing councilmanic electoral plan to provide for seven members to be elected only by the. voters of their respective districts, and three (3) members and the Mayor to be elected by and from the City at large?" Upon SUBSTITUTE MOTION by Councilman Harrison, seconded by Councilman Heischober, City Council: .dDOPTED a Resolution requesting the Circuit Court to order an Advisory Referendum re the following question: Should the City Council Member elected to represent a particular borough be elected by all qualified voters throughout the City (an At- Large System) rather than only by the qualified voters residing in that particular borough (a Ward System)? If you wish to vote for all eleven (11) Council seats, vote 'Tes". If you prefer to vote for only five (5) of the Council seats, vote "No". Voting: 7-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert I~ Dean and Nancy I~ Parker Council Members ~lbsent: Mayor Meyera E. Oberndorf and Louisa M. Strayhorn November 28, 1995 A RESOLUTION REQUESTING THE CIRCUIT COURT TO ORDER AN ADVISORY REFERENDUM ON THE QUESTION OF WHETHER THE METHOD OF ELECTING THOSE COUNCILMEMBERS WHO REPRESENT RESIDENCE DISTRICTS SHOULD BE CHANGED 10 11 12 13 WHEREAS, pursuant to House Bill No. 1593, which was enacted during the 1995 Session of the General Assembly and has been codified in Chapter 697 of the Acts of Assembly of 1995 (the "Acts"), the Charter of the City of Virginia Beach was amended to provide that, beginning with the general election to be held in May of 1998, [t]he city shall be divided into seven residence districts of approximately equal population which shall be numbered one through seven"; 14 15 16 17 18 19 WHEREAS, Chapter 697 of the Acts further provides that "[t]he city council shall, no later than January 1, 1996, petition the circuit court to order an advisory referendum to be held on the question of whether the council member elected from each district shall be elected by the qualified voters of that district rather than at large"; and 20 21 22 WHEREAS, Chapter 697 of the Acts further provides that "[t]he wording of the question shall be determined by majority vote of the city council and shall be included in the petition". 23 24 25 26 27 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to Chapter 697 of the Acts of Assembly of 1995, a copy of which is attached hereto as Exhibit A, the Circuit Court of the City of Virginia Beach is hereby requested to order that an advisory referendum be held during the general election in May of 1996, on the question of "whether the council member elected from each residence district shall be elected by the qualified 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 voters of that district rather than at large." The wording of the question shall be as follows: Should the city councilmember elected to represent a particular borough be elected by all qualified voters throughout the City (an at-large system) rather than only by the qualified voters residing in that particular borough (a ward system)? If you wish to vote for all 11 council seats, vote YES! If you prefer to vote for only 5 of the 11 council seats, vote NO! Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of November, 1995. CA-6102 ORD I N \ NON COD E \ CHARTER2. RE S R-3 PREPARED: NOVEMBER 1, 1995 Item F7-O.1. NEW BUSINESS ITEM # 4O086 BY CONSENSU~ City Council ACCEPTED: ABSTRACT OF VOTES November 7, 1995 General Election November 28, 1995 - 47 - Item VI-0.2. NEW BUSINESS ITEM # 4OO87 ADD -ON Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council DETERMINED FORMAL SESSIONS OF CITY COUNCIL: December 5, 1995 (with Planning items) December 12, 1995 (with Planning item) December 19, 1995 (Administrative items) Voting: 9-0 Council Members Voting Aye: John ~4. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Louisa M. Strayhorn November 28, 1995 Item WI-0.3. NEW BUSINESS ITEM # 40088 ADD-ON Councilman Dean SPONSORED: ROBERT SPAD,4 CCINI LAND FOR GREEN RUN LITTLE LEAGUE Mr. Spadaccini cited the AIM of the Green Run Little League: Obtain 25-30 acres of land (Lake Ridge property) Build a Little League complex on that land Adjacent to Amphitheater Complex Central to our League Boundaries Operational by Spring of 1997 The objective of the Little League is to implant firmly in the youth of the community the ideals of good sportsmanship, honesty, loyalty, courage and respect of authority, so that they may be well adjusted, stronger and happier children and will grow to be decent, healthy and trustworthy adults. Today there are 3-MILLION players. 19(~000 teams in 91 nations. Little League is the World's largest organized youth progran~ Mr. Spadaccini cited the present limitations: Four playing fields 54 regular season teams Current complex is small and has no room to expand to meet future needs Cannot bid for tournament play because of present facility limitations COST BENEFITS TO CITY Green Run Little League is self supporting New complex would be built and maintained by GRLL Additional revenues would be generated by visiting tournament teams. Shift the recreation burden from the city to a volunteer organization. November 28, 1995 Ite~ ~1-0.$. NEW BUSINESS ITEM # 40088 (Continued) ADD-ON G~EN RUN LI~ LF~4GUE 1995 BALANCE SHEET ASSETS: CASH $ 93,996.87 BUILDING 24, 000. O0 EQUIPMENT 68,019.00 TOTAL ASSETS $186,015.87 CURRENT LIABILITIES $ 0 NET WOR TH $186,015.87 This item was MOVED FORWARD prior to the Planning Agenda. November 28, 1995 Item VI-0.4. NEW BUSINESS ITEM # 40O89 Council Lady Henley referenced the General Assembly Joint Subcommittee HJR 656 (dedicated funding source for transit) Hearing on November 27, 1995. Council Lady Henley advised the Joint Resolution establishing this Subcommittee requires this Subcommittee to make a report to this year's General ,/lssembly. Council Lady Henley was appointed as a citizen to be a member of the Advisory committee. The next meeting for this Subcommittee is scheduled for December 27, 1995. The Subcommittee wishes an indication from each of the Governing Bodies in each of the localities in the region, so they can be assisted in making their recommendation. Council Lady Henley distributed a further analysis of the OPTIONS FOR FUNDING PUBLIC TRANSPORTATION, which is hereby made a part of the record. Council Lady Henley cited page ~ addressing the Transportation Trust Fund established in Virginia, as a result of the COT 21 Study. One-half cent of the State Sales Tax was dedicated to the Transportation Trust Fund. The Sales Tax revenues constitute approximately 54% of the Transportation Trust Fund. 8. 4% of the Transportation Trust Fund goes to the Mass Transit Fund. One of the possibilities would be to change this formula to increase funds for transit. Council Lady Henley also referenced page 9, the Northern Virginia Transportation District and the Potomac/Rappahannock District Transportation District Commissions each have a 2% of retail price of motor fuel which goes to transit. These Districts were also obligated to roll-back their real estate tax comparable to what each of those localities had been funding for transit. Therefore, it was replacing one tax for another. BY CONSENSUS, City Council will schedule no later than 12/19/95: H JR 636 re Options for Funding Public Transportation November 28, 1995 - 51 - Item NEW BUSINESS ADD -ON ITEM # 40O90 The City Attorney advised, on November 14, 1995, City Council ADOPTED: Resolution DIRECTING City Matmger, City Attorney and Acting Superintendent of Schools develop text of agreement regarding reconciliation and repayment of the School Board deficit to be presented to the City Council at a Special Meeting November 21, 1995; requesting School Board vote on endorsing the plan of consolidation for payroll, purchasing and accounting services with the City's services; and, if School Board's policy is against consolidation, directing the City Manager and City Attorney to begin formulation of proposed legislation for presentation to the 1996 General Assembly, enabling the City to require that such consolidation take place commencing with the School System's and the City's 1996-1997 fiscal year. The City Attorney advised Item 3. stated: "If the School Board's policy is against consolidation of payroll, purchasing and accounting services with the City's services in such areas, the City Council directs the City Manager and the City Attorney to begin formulation of proposed legislation for presentation to the 1996 General Assembly, enabling the City to require that such consolidation take place commencing with the School System's and the City's 1996-1997 fiscal year." If this is to be a Charter Legislation, it must be introduced on the first day of the General Assembly - January 10, 1996. Advertising requirements are 10 days in advance. BY CONSENSUS, City Council AUTHORIZED the City Manager to proceed with advertising for the Charter Change. November 28, 1995 Item VI-0.6. NEW BUSINESS ADD -ON ITEM # 40091 Councilman Dean requested support of the Press to advise a clarification in his letter of November 13, 1995, re notification of a series of Public Meetings re Comprehensive Plan. Councilman Dean wished to clarify these Meetings will not be PUBLIC HEARINGS, but PUBLIC MEETINGS. Councilman Dean advised this correspondence was to provide input on the desires of the citizens of the Princess Anne Borough relative the Borough's development in the future and how those plans would coincide with upgrading the Comprehensive Plan. ITEM # 40092 Councilman Dean referenced an established policy at the Central Library to restrict individuals with petitions for political offices and that they will no longer be allowed to utilize the immediate sidewalks; but, will be restricted to the sidewalks which separate the parking lots and the perimeter sidewalk along Virginia Beach Boulevard Councilman Dean requested clarification regarding this policy. The City Manager will advise. November 28, 1995 Item VI-Q. ADJOURNMENT ITEM tt 39965 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:18 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk William D. Sessoms, Jr. Vice Mayor Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 28, 1995