HomeMy WebLinkAboutAPRIL 13, 1999 MINUTESII.
III.
IV.
V,
VI.
City Vil - 'i aia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR .~41~ YERA F OBERNDORF At Large
VI( I gfAYOR WIllIAM D SLSSO~tS JR At Large
LI~OOD 0 BRANCIt III Dt~tru t 6 Beat h
MARGARFTL I:URE Dt~trut I (inter, dh
WI! LIAM W llARRISO'q JR Dtstrut 5 ! ynnha~en
tlAROI D llEISCtlOBk. R At Large
BARBARa M llENLEY Dtstrttt 7 Prmtess Anne
LOUIS R JONES Dtstrtit 4 Bavstd~
REBA S ~ft CLANAN Otstrtt t 3 Role Itall
NANCY K PARKER At Largt
A t4 (DONJ WFEKS Dtstrut 2 Kemp*vtlle
JAMI:S K SPORE Cttv ~fanager
LP SI IE I I I! l ~ Y ( tt~, Attornt'v
RUTtl ttODGES S~tlTtl ~ ~IC/A41z Ctly CIt rk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BI:ACH VIRGINIA 2 ~456 9005
PIlONF t757~427 4
FAX (7~71426 $669
MAIL CTYCN( I/~( ITY VIRGINIA B[~ACII V
13 April 1999
BRIEFING
- Conference Room-
9:00 AM
AD
PENTRAN/TRT MERGER
Cameron Pitts, Chmrman, TTDC
Don Clarke, TTDC Attorney
BUDGET WORKSHOP
- Conference Room -
10:00 AM
CITY MANAGER'S BRIEFING
- Conference Room -
12:30 PM
A.
VIRGINIA BEACH MUNICIPAL GOLF COURSE [30 minutes]
Susan D. Walston, Chair, Virginia Beach Golf Course Task Force
Angelo Palermo, National Golf Foundation
REVIEW OF AGENDA ITEMS
CITY COUNCIL COMMENTS
INFORMAL SESSION
- Conference Room -
1:15 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VII. FORMAL SESSION
- Council Chamber-
2:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
The Reverend Chris Xenakis
Bayside Christian United Church of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
06 April 1999
G. AGENDA FOR FORMAL SESSION
The Consent Agenda wtll be determtned durtng the Agenda Review Session and constdered tn the
ordinary course of busmess by Ctty Counctl to be enacted by one motion.
H. PRESENTATION
.
ACCREDITATION AWARD
Parks and Recreation Commission Members
I. ORDINANCES
.
Ordinance to REPEAL the Public Rights-of-way Use Fee adopted by City Council 9 March
1999; and, directing the City Manager to find a continuing source of revenue within the
City's Budget re fulfilling the City's commitment to the School Board to fund acquimtlon
and replacement of instructional technology hardware.
(Sponsored by Mayor Meyera E. Obemdorf)
,
Ordinance to AMEND and REORDAIN Section 23-26 of the City Code re prostitution
generally.
e
Ordinance to APPROPRIATE $34,956 from the Parks and Recreation Gift Fund to the
FY 1998-1999 Parks and Recreation Operating Budget re use of accumulated donations for
special events, recreation supplies, printing and binding services and other activities, as may
have been designated by the donors.
,
Ordinance to TRANSFER of $375,000 from the Instructional Category to the
Transportation Category within the FY 1998-1999 School Operating Budget re
replacement of aging school buses.
.
Ordinance to TRANSFER $227,879 from Eastern Branch Lynnhaven River Dredging
(CIP//7-712) to Western Branch Lynnhaven River Dredging (CIP//8-109) re providing
sufficient funding to dredge a channel in the Western Branch of the Lynnhaven River.
.
,
.
,
10.
Ordinances to authorize temporary encroachments into portions of the City's rights-of-
way:
a,
Mediterranean Avenue, 14th Street and 16th Street by Virginia Beach Pentecostal
Church of Christ re erection and maintenance of four directional signs (BEACH
- DISTRICT 6)
bo
Great Neck Road and city easements at 1901 Thomas Bishop Lane by Charles E.
and Kim D. Basnight re construction and maintenance of a pier and boat lift
(LYNNHAVEN- DISTRICT 5).
Ordinance to declare a portion of 1665 Indiana Avenue as EXCESS PROPERTY; and,
authorize the City Manager to convey said property in the manner he deems in the best
interests of the City (BEACH - DISTRICT 6).to Curtis Pendergrass.
Ordinances to authorize the acquisition of property in fee simple for right-of-way and
temporary and permanent easements, either by agreement or condemnation:
a. Hungarian Road (CIP//2-021.11) (PRINCESS ANNE - DISTRICT 7).
bo
Sandbridge Drainage Improvements (CIP//7-144)
(PRINCESS ANNE- DISTRICT 7).
Ordinance to authorize the City Manager to enter into a one (1)-year contract with KPMKG
Peat Marwick LLP for an independent audit of the City of Virginia Beach; and, renew the
contract, subject to appropriations availability, for a second and additional years thereafter,
not to exceed two one-year periods, subject to an increase in cost for each of those years not
to exceed four percent.(4%)..
Ordinance granting operation of Open Air Cafes in the Resort Area:
a. NEW FRANCHISES
(1)
Virginia George Company, Inc.
T/A Dough Boys Cahfomla Pizza
Atlantic Avenue Sidestreet Caf6
1700 Atlantic Avenue
(2)
Calabrese Management Group, Inc.
T/A Fish Bones Restaurant
Atlantic Avenue Sidewalk Caf6
812 Atlantic Avenue
(3)
Planet Pizza, Inc.
T/A Fish Bones Restaurant
Atlantic Avenue Sidestreet Caf6
812 Atlantic Avenue
(4) Sunstations, Inc.
T/A Haagan-Dazs
Atlantic Avenue Sldestreet Caf6
2100 Atlantic Avenue
(5)
Leeward Princess Ann Investment
Association, LLC
T/A Marriott Courtyard
Virginia Beach Oceanfront
Boardwalk Caf6
2500 Atlantic Avenue
(6)
Loco, LLC
T/A Luna Sea Cantina Mexacah
Atlantic Avenue Sldestreet Caf6
206 22nd Street
b. RENEWAL FRANCHISES
(1) Seashore Management, Ltd
T/A Hilton Inn/Laveme's Caf6
(2) Fogg's Seafood Company
T/A Waterman's Caf6
(3) Herrengarten, Inc.
T/A Cities by the Ocean
(4)
Jefferson Savings & Loan Association
T/A Howard Johnson/
Boardwalk Dell
(5) Ocean Front Snacks
T/A Ocean Isle Caf6
(6) Athena Enterprises, Inc
T/A King of the Sea Restaurant.
(7) Colonial Inn, Inc.
T/A Cary's Caf6
(8) Theme Restaurants, Inc.
T/A I1 Giardino Ristorante
(9) Econo Lodge Oceanfront, Inc.
T/A Fish Bones Restaurant, Inc.
11.
Resolution to appoint Kimberly R. Van Essendelfi to the position of Assistant City
Attorney, effective 24 May 1999.
12. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
New Application:
ATG, INC. T/A ANDY'S CAB COMPANY OF VIRGINIA BEACH
Renewal Applications:
BEACH TAXI, INC.
GROUND TRANSPORTATION SPECIALISTS, INC.
LAND YACHTS, LLC
LONG'S LIMOUSINE SERVICE
WEDDLE ANTIQUE LIMOUSINE SERVICE, INC.
YELLOW CAB OF VIRGINIA BEACH, INC.
13. License Refunds:
$14,117.31
J. PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined durtng the Agenda Review Session.
lo
Ordinance in the Petition of LADM ASSOCIAT4ES, LLC, a Virginia Limited Liability
Company, LENA SANCILIO and CONTRACTOR'S PAVING COMPANY, INC. for
the discontinuance, closure and abandonment of a portion ofAvenue E beginning 337.93 feet
South of Bonney Road and mnmng 899.85 feet in a Southerly d~rectlon to the Northern
boundary of the Virginia Beach-Norfolk Expressway, containing 30,094 feet (ROSE HALL -
DISTRICT 3).
Deferred for Compliance:
Additional 180-Day Deferral
14 October 1997
27 October 1998
Recommendation: FINAL APPROVAL
.
.
.
,
6,
.
.
Application of The Franciscus Company for an Amendment to The Green Run Land Use
Plan to allow an automobile service station in conjunction with a convenience store at the
Northeast comer of Lynnhaven Parkway and Windmill Point Crescent, containing 1.663
acres (ROSE HALL- DISTRICT 3).
Recommendation:
APPROVAL
Application of DONALD BERGER for a Conditional Use Permit for indoor recreation
(billiards) on the North side of Pembroke Boulevard, West of Independence Boulevard (4616
Pembroke Boulevard), containing 1.35 acres (LYNNHAVEN - DISTRICT 5).
Deferred:
23 March 1999
Recommendation:
APPROVAL
Application of TIDEWATER IMPORTS, INC. for a Conditional Use Permit for motor
vehicle sales and service at the Northeast corder of Holland Road and Diana Lee Drive (3496
Holland Road), containing 4.218 acres (ROSE HALL- DISTRICT 3).
Recommendation:
APPROVAL
Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use
Permit for a church on the East side of Great Neck Road, North of Harbor Lane (1510 Great
Neck Road), containing 9.250 acres (LYNNHAVEN - DISTRICT 5).
Recommendation:
APPROVAL
Application of SAINT AIDENS EPISCOPAL CHURCH for a Conditional Use Permit
for a church at the Southwest comer of Edinburgh Drive and Kings Grant Road (3201
Edinburgh Drive), containing 3.566 acres (LYNNHAVEN - DISTRICT 5).
Recommendation:
APPROVAL
Application of CITY OF VIRGINIA BEACH for a Conditional Use Permit for a
commercial/mumclpal parking lot at the Northeast comer of Atlantic Avenue and 30th Street
(3003 Atlantic Avenue), containing 1.03 acres (BEACH - DISTRICT 6).
Recommendation:
APPROVAL
Application of Z-1 COMMERCIAL PROPERTIES, LLC, for a Change of Zoning District
Classification from I-1 Light Industrial District to Conditional B-2 Community Business
District at 820, 830 and 840 South Military Highway and 6404 Indian River Road,
containing approximately 4.2 acres (CENTERVILLE - DISTRICT 1).
Deferred:
Deferred Indefinitely
9 March 1999
23 March, 1999
Recommendation:
APPROVAL
K. APPOINTMENTS
Medical College of Hampton Roads
Minority Business Council
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
MANAGEMENT RESOURCE PLAN
FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE
DATE TIME BUDGET UNIT
Thursday, April 15 7 PM Public Hearing - Pnncess Anne High School
Tuesday, April 20 - Workshop 2 PM - 5 PM Quality Education
Council Conference Room Schools
Schools CIP
Tuesday, April 27 - Workshop 3 PM - 5 PM Quality Education - continued
Council Conference Room Libraries
Strengthening Families
Comprehensive Service Act
Health
Mental Health
Social Services
Operational Support
Real Estate Assessor
Treasurer
Commissioner
Finance
General Services Buildings CIP
Tuesday, May 4 - Workshop 10 AM - Noon Operational Suppo~ - continued
Council Conference Room Human Resources
Information Technology
Non-Departmental
Video Services
Pohc¥ and Decision Support
Debt Service
Tuesday, May 4 2 PM Public Hearing - Council Chambers
Thursday, May 6 - Workshop 3 PM - 5 PM Reconclhatlon
Council Conference Room
Tuesday, May 11 2 PM Council Action - Council Chambers
I£ you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
04/08/99cmd
AGENDA\04/13/99
www wrg~ma-beach va us
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~n~a
April 13, 1999
Mayor Meyera E Oberndorf called to order the PENTAN/TRT BRIEFING tn the Counctl Conference
Room, Ctty Hall Buildtng, on April 13, 1999, at 9 O0 A M
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober,
Barbara M. Henley, Louts R Jones, Mayor Meyera E Oberndorf
Nancy K Parker, Vtce Mayor Wtlham D. Sessoms, Jr and A M
"Don" Weeks
Council Members Absent'
Reba S McClanan
[ENTERED 9 20 A M]
Wtlham W Harrison, Jr [ENTERED 11 18 A M]
-2-
CI T Y COUNCIL B R IE FIN G
PENTRAN/TR T MERGER
9:00 A.M.
ITEM # 4482 7
Mayor Oberndorf introduced Michael Townes, Executtve Director- PENTRAN/TRT and Delegate Flora
Davis Cnttenden.
Attorney Don Clark, Clark & Stant, Legal Counsel to PENTRAN/TRT, presented umbrellas to the Mayor
and each Member of City Councd Mr. Clark referenced an arttcle written approxtmately three years ago
by David Goode, CEO of Norfolk Southern, concermng creattng a strong tdentity for Hampton Roads and
havtng a stronger voice tn Federal and State Government Affatrs. As Jim Echols was about to retire, tt
appeared to be a good opportumty to pull TRT and PENTRAN together and achieve the same things David
Goode discussed. A committee was formed consisting of Robert Fentress, Joe Greene, Jtm Echols and
htmself- representtng TRT, and Turner Spencer, Florence Cnttenden, Michael Townes and Attorney Tom
Glasscock representing PENTRAN. A Memorandum of Intent was signed by both PENTRAN, TRT and
a number of the Cities. However, Vtrginia Beach chd not formally sign same. During the course of developing
this Memorandum of Intent, it came to the attention of TRT that there was a bank debt on the side of
PENTRAN in the amount of $2-MILLION, plus they had not adequately funded the reserves for their
hdbility clatms. Therefore, the Memorandum of lntent contained the verbiage there wouM be no bank debt
or instttuttonal debt whatsoever on either stde when, and if'; this merger occurred and all liability claims
had to be fully funded. The decision to sptn down the reserves to zero was made by the PENTRAN
Commission. The bank debt occurred over a period of years w~th the full knowledge of the Commission
There was nothing whatsoever that ~n&cated to Attorney Clark that Mwhael Townes dtd not keep the
Commission informed. The PENTRAN Commission contatns an Asststant City Manager as one of its
members.
Mr Clark reviewed the DRAFT AGREEMENT between TRT/PENTRAN and the seven component
agreements. There are Exhtbits A, B, C and D contained within the Agreement.
EXHIBIT A Ordinance creating the Hampton Roads Transportation District.
EXHIBIT B: Employment Agreement - Terms and Conditions of Employment for
Executive Director
EXHIBIT C: By Laws - Describes the organization, its membership, rules and
procedures.
EXHIBIT D : Cost Allocation Agreement - Estabhshes the principles and detailed
cost allocatton procedures for the dtstrtbution of capital and operating costs for the
regional transportation system.
EXHIBIT E: Post Closing Management Structure
Each participating ctty consents to the reasonable use of tts streets and htghways by the Commission for
public transportatton purposes.
Each of the seven Component Governments will appoint two Commtssioners (need not be members of its
governing body), and a representattve of the Commonwealth Transportation will serve as a Commissioner,
Ex Officio. There is a requirement in the Definitive Agreement that as soon as the new Commtssion meets,
the new Commission wtll request the General Assembly to enact legtslatton such that one member of the
House of Delegates and one member of the State Senate be appotnted to the Commtssion wtth the provtston
that if the Member of the House of Delegates ts from the Pemnsula that the Member of the Senate be from
the Southstde There will be monthly meettngs of the Commtsston as requtred by State law, six of whtch will
be held in Norfolk and six in Hampton or Newport News. The headquarters of the new Commission will be
in the City of Hampton wtth the prtmary operations office tn the Ctty of Norfolk. The Executive Director wtll
be Michael Townes. Mr. Townes will select the Chief Operating Officer, subject to the approval of the new
Commtsston. At the request of the Ctty of Vtrginta Beach, when the current Dtrector of Ftnance - Lee
Carlson, retires, the Definite Agreement requires that a nattonal search be tnstttuted for his replacement and
the selection of the new Ftnance Dtrector wtll be subject to the approval of the Commission. Relative
Section 2.21: Working Capital and Capital Improvement Reserves, the Cittes of Hampton and Newport
News, over a period of ttme wtH have to contribute suffictent capital so there ts a working capttal reserve
equal to 45 days of the operattng expenses of the new Commission.
April 13, 1999
-3-
CI T Y COUNCIL B R IE FIN G
PENTRAN/TR T MERGER
ITEM # 4482 7 (Continued)
The changes requested by the City of Vtrgtma Beach are contained tn a document entitled "Policy Report"
Both commissions, PENTRAN and TRT, approved same Basically, there is a requirement that a
transportation plan be developed This is included in the Definitive Agreement Also included is the creation
of a Financial Advtsory Task Force This is contained in Section 2.28. A budget requirement has been placed
in Section 2.29.
Within 90 days after its creation, the Hampton Roads Commission will prepare a four-year operating and
capital budget (the "Budget ") to reflect (a) existing levels of transit service provided by the Hampton
Roads Commission to component governments and the (b) the Working Capital and Capital lmprovement
Reserves described in Section 2.21 The Budget will display the projected costs of each component
government to the end that the Component Governments may plan for, and meet, their financial obhgation
to the Hampton Roads Commission required by the Cost Allocation Agreement
Section 2.30 Fiscal Year End Transition is a recommendation of KPMG Peat Marwick LLP and the City
of Virginia Beach Peninsula and Tidewater will endeavor to follow the recommendations of KPMG Peat
Marwick LLP in its report for the Hampton Roads Planning District Commission, dated October 29, 1998,
set forth in Section 5 7 of the report and each will do a full close of their books on at least a quarterly basis,
beginning immediately The results will be provided to the Peninsula and Tidewater Commissions On or
before July 1, 1999, the Peninsula Commission will provide the Tidewater Commission an audited financial
statement for the pertod July 1, 1998, through September 30, 1998
Relative Section 2.31 Transportation Service, there will be no service within our City unless a
Commissioner of that City voted affirmatively to accept such service This has always been a requirement
in a Cost Allocation Agreement
Attorney Clark referenced Section 4.1 (J) - In no event will any bank or financial institution indebtedness,
or any deficit in funding of reserves of any self-insurance program, of either Peninsula or Tidewater be
assumed by the Hampton Roads Commission
The ByLaws Exhibit C of the Definitive Agreement also reflects no change in the type, amount, location or
fare of any service in any of the Cities without a member of that City voting tn the affirmative Article VII
of the ByLaws reflects no capital expenchture in any City In other words, TRT/PENTRAN and HRT all
have the power of eminent domain They cannot come into a City and condemn private property and install
a public transportationfacthty unless the City is tn support of same as evidenced by an affirmative vote of
its members
Section 6, Capital Expenditures (Article VII- Finances) was the request of the City of Virginia Beach Any
capital expenditure by the Commission in excess of $10-MILLION for any one procurement or in excess of
$10-MILLION in any fiscal year, excluchng roiling stock replacements and other capital replacements in
the or&nary course of business, shall require the affirmative vote of at least two-thirds (2/3) of the members
of the Commission entitled to vote on such capital expenditure
Section 7: Tax lmpositions and lncreases (Article VII- Finances)' (a) If the Commission is empowered by
the General Assembly to impose any tax, or if the Commission, having been granted by the General Assembly
the power to tax, wishes to increase any tax then, in either case, the imposition of every tax or any increase
in such tax shall require the affirmative vote of at least two-thirds (2/3) of the members of the Commission
entitled to vote on such imposition or increase (b) If the Commission determines to recommend to the
General Assembly the imposition of any tax, or if any such tax may have been imposed and the Commission
determines to recommend to the General Assembly an increase in such tax, in either case, such
recommendation shall require the affirmative vote of at least two-thirds (2/3) of the members of the
Commission entitled to vote on such recommendation to impose or to increase any tax
Mr Townes cited an example and expen&ture of more than $10-MILLION. He advised there ts a proposal
to build a Multtmodal transfer center in Virginia Beach The money, of which would be received by the
Transit District and that construction, would be managed by the Transit District Two Multtmodal transfer
stations have been built on the Peninsula side The total value of both of those projects would exceed $10-
MILLION If the District were to enter into a rail project, there would be many elements of purchasing
excee&ng $10-MILLION.
April 13, 1999
-4-
CI T Y COUNCIL BRIEFING
P !£VTRAN/TRT MERGER
1'17:.31 # 44827 (Continued)
Mr. Clark referenced the PROPOSED CHRONOLOGY FOR MERGER 0 F PENTRAN AND TRT.
COMPLETION TARGET DA TE
DESCRIPTION OF TASK
March 10, 1999
March 17, 1999
March 17, 1999
March 17, 1999
March 22, 1999
March 24, 1999
April 15, 1999
May 15, 1999
May 15 - June 15, 1999
June 29, 1999
July 1, 1999
July 15, 1999
July 15, 1999
August 1, 1999
August 16, 1999
September 15, 1999
September 2 7, 1999
September 30, 1999
October 1, 1999
Pentran and TRT action on Definitive
Agreement.
Pentran and TRTstaffs complete all
schedules of Definitive Agreement.
Resolution of issues re 13(e) Agreement/
A TU contracts
Finalize Employment Agreement for
Executive Director
Modify Definitive Agreement to include
approved recommendations of Virginia
Beach
Definitive Agreement with exhibits and
schedules
Meeting at office of Clark & Stant of
financial and legal representatives of
Pentran, TRT and the 7 component
governments
Component governments action on
Definitive Agreement
Pentran and TRTstaffs conduct "due
diligence"
Execution of Definitive Agreement by
Pentran, TRT and component
governments
Pentran provides audited financial
statement for period 7/1/98- 9/30/98
Component governments adopt ordinances
creating Hampton Roads Transportation
District Commission (HRTDC)
Component governments/file ordinances
with Secretary of Commonwealth
Secretary of Commonwealth certifies that
Ordinances have been/filed and meet
requirements of Code of Virginia Sec.
15.2-4504
Component governments enter Secretary of
Commonwealth certification in minutes of
Council meetings and each elect 2 members
(and alternates) of HRTDC
HRTDC flrst and organizational meeting.
Adopt Bylaws, elect officers, adopt bank
resolutions, sign Cost Allocation Agreement
and Executive Director's employment con-
tract, adopt transportation plan
Pentran and TRT staffs update all schedules
to Definitive Agreement
Closing on Definitive Agreement, Pentran
and TRT transfer assets and liabilities to
HRTDC. Component governments sign
Cost Allocation Agreement
HR TD C operational
Mr Townes advised there are approxtmately 950 employees of the PENTRAN/TRT Commission wtth a total
budget of $36 to $3 7-MILLION(only operating budget) The Capital and Operating Budget would amount
to approximately $80-MILLION.
~4prtl 13, 1999
-5-
CI T Y COUNCIL B R IE FIN G
PENTRAN/TR T MERGER
ITEM # 4482 7 (Continued)
Mr Clark advtsed the Cost Allocation Agreement (Exhtbtt D) ts very mettculous tn the component
governments Relative two legal Counsels DonaM H Clark - General Counsel and Thomas E Glasswork-
Deputy Counsel, Mr Clark advised TRT has a Risk Management Sectton whereas PENTRAN has out-
sourced its Rtsk Management Sectton The work ts to be done tn-house tf the two enttttes combtne, however,
there must be some one to lead that effort tn-house Attorney Glasswork had tndtcated an tnterest tn handhng
this Sectton, but not the Court tnvolvement, etc Attorney Don Clark wtll handle the legal phases
Mayor Oberndorf referenced receipt of correspondence from Jtm Eason, Executive Dtrector- Hampton
Roads Partnershtp Mr Eason advised the Partnershtp, at a full meettng, endorsed the merger of
PENTRAN and TR T and also sent a definitton of what he percetves the agreed partnershtp definttton ts and
a hst of all the membership from the enttre Regton
The Ctty Attorney advtsed a schedule of outstandtng legal cases of the two respecttve bo&es prtor to the
merger have been provided by Mr Clark, tf Ctty Council wtshed to peruse PENTRAN ts self insured for
the first $250,000 of each clatm, beyond that they are tn the Vtrgtnta Insurance Pool, whtch takes care of
thetr excess coverage
Counctl Lady Parker quoted from the Brtef Summary - Allocation of Operattng Costs "In the event a claim
ts adjudtcated agatnst the Commtsston tn excess of tts tnsurance coverage, the cost of the excess judgement
will be constdered an operattng expense and allocated to each Ctty on the basts of tts proportton of servtce
recetved to total servtce provtded by all Dtvtstons and services "Mr Clarke advtsed there are two dtvtstons
- Peninsula and Southstde Ifa habthty clatm exceeds the amount oftnsurance avatlable then that becomes
an operating expense of the Divtston There will be a meettng on Aprt115, 1999, of the TRT/PENTRANstaffs
tn Mr Clark's office, and he wtll have the staffs provtde a written response to Counctl Lady Parker relattve
the tnterpretatton as well as posstble amendment re the tax tncrease to be allocated by the Commtsston
The City Manager requested questions of Ctty Councd be forwarded to htm and he requested response at
the Staff Meettng on Aprtl 15, 1999
Delegate Crtttenden advised tf the General Assembly does approve a de&cated gasohne tax for pubhc
transtt tn the Hampton Roads Dtstrtct, tt would be subject to a Referendum The funds collected from the
gasohne tax tn each of the locahttes would be utthzed to provtde servtces for that locahty, whtch ts the way
tt ts done tn Northern Vtrgtnta
Vice Mayor Sessoms referenced correspondence from Randy Wrtght- Vtce Chatrman, Tidewater
Transportation District Commtsston and Counctlman- Ctty of Norfolk Copies of satd letter were dtstrtbuted
to Members of City Counctl Mr Wright stated, recogntztng the reluctance of the Ctty to parttctpate tn the
LRTproject and acknowledgtng the tncreased tnterest of Chesapeake and Portsmouth with the htstortcal
support of Norfolk, there ts interest among some members of the TTDC to begtn work on an ahgnment
schedule Such a schedule would expedite work on ahgnments to Chesapeake, Portsmouth and the Norfolk
Naval Base, whtle gtvtng Vtrgtnta Beach the option to resume parttctpatton at a later date Norfolk ts firmly
committed to Light Ratl, and requests have been made by both Chesapeake and Portsmouth to expedtte
acttvely on ahgnments to thetr ctttes Based upon these requests, the TTDC LRT development commtttee ts
considering a format recommendatton to shift the current focus of the project from the extension to Vtrgmta
Beach to the Chesapeake and Portsmouth ahgnments The prehmtnary engtneertng and design work on the
extenston to Vtrgtnta Beach will be vahd for three years should the Ctty of Vtrgtnta Beach later dectde to
parttctpate in the east-west alignment Thts wtll be chscussed at the regular meeting of the Ttdewater
Transportatton District Commtssioners on Aprt114, 1999 A wrttten response relative Vtrgtnta Beach being
hable or responstble for the prevtous fundtng expended, wtll be provtded when authorized by the
Commtsston
BY CONSENSUS, Ctty Counctl's consideration of the Defintttve Agreement could be scheduled for May 4,
1999
Aprtl 13, 1999
-6-
BUDGET WORKSHOP
RE VENUES AND EXPENDITURES
10:18 A.M.
ITEM # 44828
E Dean Block, Director - Management Servtces, referenced memorandum from Sheriff Drew to City
Council. Mr Block dtstrtbuted coptes ofhts Memorandum to the Ctty Manager relative the FY1999-2000
Revenues and Expenditures and a summarization sheet of Key Dates.
January 19
February 26
March 9
March 15
March 22
March 30
April 6
April 7
April 9
Modernization Committee Report
Commits use of lottery funds (joint Resolution)
Technology Committee Report
Long term commitment
Phone Fee Adopted
Statuwry Deadline for adopting phone fee
Budget to Printer
Budget to Council
Library Committee Report
Veto Session -Lottery funds actually available
Final 98/99 Personal Property Tax Assessment
Data available.
Desptte the education of all the proceeds of the Public Rights-of-way User fee to school tnstructtonal
technology needs, some segments of the communtty have felt that the tmposttton of the fee was wrong
Mayor Oberndorf advised she was earnest tn her destre to find $1-1/2-MILLION to pay for the school
technology for whtch the Ctty has obhgated itself The Ctty Manager referenced the information would be
provided by Aprtl 13, 1999
The attachments distrtbuted to Ctty Councd tdenttfy the latest tnformatton (1) the major General Fund
revenues for FY1999-2000, (2) update the endtng balance calculattons, (3) hstposstble areas of reducttons,
(4) list the projects and programs which the staff are aware could be can&dates for addtttons to the
Budget/CIP, and (5) tdenttfy other factors which mtght tmpact Counctl's dectslons It ts tmportant to
emphastze that there is no mtsunderstandtng The tnformatton tn the attached ts not intended as a
recommendatton from the Department or Management Servtces as to any course of actton Nor should
anyone believe that any program or project was tdenttfied except as Staff's prehmtnary efforts to respond
based on simple and understandable crtterta Mr Block was concerned that less than 25% of the
departments have been heard, that the Ctty Council and the Ctty Staff have just recetved the final School
Board budget, that the Schools have been closed for Spring break and many of the staff not avatlable, that
the Ctty Counctl has not held a workshop on the School budget, and, that there has been no Pubhc Heartng
as to items or projects which may be destred by the pubhc
The Staff ts not fully comfortable making the adjustments in estimated revenues The personal property
revenue ts a dtfficult revenue topre&ct; and, added to thts, ts the transition from a data base of City decals
to a Department of Motor Vehicles data base being completed. Thts ts essenttal tn hght of the Property Tax
Rehef Btll. The result of the shtft to the DMV data base wtll mean there will be more vehtcles tdenttfied and
more tax btlls tssued for personal property.
April 13, 1999
i
-7-
BUDGET WORKSHOP
RE VENUES AND EXPENDITURES
ITEM # 44828 (Continued)
ADJUSTMENTS IN REVENUE ESTIMATES
Revenue Original Estimates Adjustments % Adjustments
Real Estate $261,946,723 NO CHANGE NO CHANGE
Personal Property $ 85,343,378 $ 978,448 1.1%
General Sales $ 38,648,236 $ 115,944 0.3%
Utility Tax $ 30,279,950 NO CHANGE NO CHANGE
Cellular Phone $ 1, 745,282 ($ 34,221) (2.0%)
BPOL $ 25,483,300 $ 86, 788 0.3%
Cox Franchise $ 3,467,895 ($ 74,543) (2.1%)
TOTALS 0.24%
$446,914,764
$1,072.416
The above revenues are those covered by the Revenue Sharing Policy and would be available, tf realized,
as follows
School Share: $569,775
City Share: $502,641
FY 1999-2000 OPERA TING BUDGET
REVISIONS TO FY 1998-1999 GENERAL FUND ESTIMATED FUND BALANCE
Net tncrease in project revenues
Better than expected Personal Property
and General Sales tax revenue and the
tncluston of growth tn Revenue Sharmg
Policy revenues prtor to close of. fiscal year
Net decrease tn projected expendttures
Ustng March.final numbers and
chscounttng tmpact of Hurricane
Bonnte on expenditure trends
$ 4 8 MILLION
$ 2 0 MILLION
Net tncrease tn Fund Balance $ 6 8 MILLION
Dtstrtbution of Increased Fund Balance
Ctty Revenue Shartng Poltcy Amount $ 2 6 MILLION
School Revenue Sharing Pohcy Amount $ 2 2 MILLION
City Amount due to reduced expenchtures $ 2 0 MILLION
The Ltst of Potential Reductions tn the FY 1999-200 Operattng Budget and/or Capttal Improvement Program
ts based on two criteria (1) new/expanding programs would be reduced before existing programs; and (2)
aid to non-city agencies andprograms would be funded before reducing existingprograms. No reductions
are included if the program is funded from increased dedicated revenues.
Aprtl 13, 1999
-8-
BUDGET WORKSHOP
RE VENUES AND EXPENDITURES
ITEM # 44828 (Continued)
New/Expanded City Programs
15 ad&ttonal COPS Pohce Officers
Ad&tional Houstng/weed inspectors
Netghborhood retnvestment
Ad&tional legal servtces
Vector control
EMS Quahty Assurance Program
TOTAL
$ 558,009
$ 181,997
$ 100,000
$ 53,153
$ 54,470
$ 19,000
$ 966,629
Possible Reductions in Aid to Non-City Agencies
Me&cai College of Hampton Roads (EVMS)
Economic Development Alhance
Commumty Orgamzatton Grants
No tncrease tn elderly tax rehef substdy
Arts and Humantttes Commisston
Contrtbuttons to museums
Neptune Festtval
Up to $ 481,008
Up to $ 442,244
Up to $ 479,189
$ 175,800
Up to $ 451,991
Up to $ 80,000
Up to $ 40.000
(esO
TOTAL Up to $2,150,232
New/Expanded School Programs
Information tn response to Ctty Councd questions regar&ng new school
programs has not been recetved. The data below ts derived from the School
Board approved budget document ts not complete or inclusive
Expanston of gtfted and talented program
(13 5 FTE'S)
Math Academy (6 FTE'S)
Htgh School 7'n Bell staffing (25 FTE'S)
Custo&al substttute pool (10 FTE'S)
SUnknown at this ttme
S Unknown
S Unknown
S Unknown
Capital Program Items
Expanded City Jarl
Juvenile Detention Facthty
2006 new elementary school
2004 College Park elementary ad&tton
Buckner Blvd. Extenston
Corporate Landing Blvd./Culver Lane
Library Costs in excess of repairs
Celebrate 2000 (plant 2000 trees
tn year 2000)
Lynnhaven Boat Ramp/Beach facdtty
Norfolk Avenue Trad
Ferrell Parkway
Cost Parttctpatton, Phase VI
Sandbrtdge Road Safety tmprovements
Commumty Color ProJect
$5 7 MILLION over 4 years
($19 MILLION tn Charter Bonds,
$1 5 MILLION tn FY en&ng Balance
$ 9 88 MILLION ($6 7 MILLION local $)
$12,414,668 (years 5 & 6 of CIP)
(Charter Bonds)
$ 2,531,646 (years 4 & 5 of CIP)
(Charter Bonds)
$1 0 MILLION (Charter Bonds)
$ 2 03 MILLION (Charter Bonds)
$ 3 MILLION over 4 years est
(Charter Bonds and fund balance)
$ 150,000 (General Fund)
$ 1,050, 000 (current revenue & fund
balance)
$ 150, 000 (ctty share only)
$ 2 9 MILLION over 2 years
(Charter Bonds)
$ 645 MILLION over two years
(Current Revenue)
$ 100, 000 (Current Revenue)
Aprtl 13, 1999
-9-
BUDGET WORKSHOP
RE VENUES AND EXPENDITURES
ITEM # 44828 (Continued)
List of Potential Desired Additions
ITEM CAPITAL OPERA TING FTE 'S
General Booth Ftre Statton $ 2 5 MILLION $1 15 MILLION 27
Princess Anne Ltbrary* $ 4 2 MILLION $1 3 MILLION 22 5
Green Run Ltbrary* $ 4 2 MILLION $1 3 MILLION 22 5
Vtrgtnta Martne Sctence Museum- $ 0 25 MILLION
Revenue Loss (from State)
Addttional Ftre Ftghters $ 0 6 MILLION 15
Ocean Park Ftre Station Planntng Unknown
Bow Creek Motel Addtttonal $ 0 2/$0 4 MILLION
Acqutsttton Costs
Acqutsttton of site for Sandbrtdge $ 0 8/$1 MILLION
Fire Station on barrter island (tf
donated stte not accepted)
ODU/NSU Graduate Center $1 MILLION
Computers
Croatan Potnt bulk hea&ng, $ 0.36 MILLION
dredge stte and landscaptng
Increased tnfrastructure $1 MILLION
maintenance (prehminary
recommendatton commtttee
report to Counctl on Aprtl 16,
1999)
*Capttal fundtng tncludes $1 1-MILLION for tntttal purchase of books
The cost of the actual relocation of Building Matntenance/Landscape Servtces wtll be provided
If tt is decided that the Ctty should not lease, but construct a hbrary tn Baystde, the Plan that was tncluded
tn the 1998 Referendum tn that case would be followed, whtch was for a 27,000 square foot facthty whtch
would encompass both the Library and Pohce Prectnct on the extsttng stte Both of the extsttng butlchngs
would be demohshed and a new factltty butlt If thts ts the dtrectton City Counctl pursues, then
approxtmately $4-MILLION must be added to the CIP for constructton purposes At the same ttme,
approximately $150,000, currently tn the General Fund, ts freed whtch was tntttallyfor the lease payments
One of the important developments chscussed tn the key dates ts the development of the lottery funds and the
commitments made because of the lottery funds.
In developing the school Modernizatton Plan, thejotnt committee used an estimate of first-year lottery funds
of $8. 77-MILLION, second yearfunds of $8. 61-MILLION, declining about 2 % per year thereafter Thts
was based on the Governor's proposed budget. Th ejotnt commtttee also estabhshed the principle that all
lottery funds would be used for moderntzatton, a prtnctple adopted by the Board and Counctl along wtth the
overall fundtngplan for moderntzatton The final acttons of the General Assembly tncreased the amount to
$9.87-MILLION in the first year and $9.73-MILLION in year two Wtth the Governor's approval of the
Btenntum budget and the completing of the Veto Session, the staff ts confident of the avatlabthty of these
funds. Thus, the City expects to receive about $1.1-MILLION per year more in lottery funds than was
known to the Moderntzatton Committee at that time In the CIP before the Counctl, all lottery funds are
dedtcated to the moderntzatton program If the SI.I-MILLION per year ts to be reprogrammed to
technology, adjustments tn the overall moderntzatton program would have to be made to ensure the City
rematned wtthin the eight (8) year fundtng goal
Aprtl 13, 1999
- lO-
BUDGET WORKSHOP
RE VENUES AND EXPENDITURES
ITEM # 44828 (Continued)
The Bayside bid for modernization came tn under approximately $1 1/2-MILLION Mr Tony Arnold was
concerned relattve the cost factors associated wtth Thalia and Shelton Park A portton of that savings was
reprogrammed toprovtde a cushion for Thalta and Shelton Park Stnce then, the Creeds btd has come tn and
was wtthtn $50,000 of their budget Mr Arnold was requested not to adverttse either the Shelton Park or
Thalta Schools until after the Veto Sesston, as both those schools are dependent on lotteryfundtng Thts past
weekend, Mr Arnold advertised these bids The btds for the htgh schools were also very good and he wtll
be reporting same to the School Board on April 20, 1999
Mr Block advised the negative impact of an accelerated or expanded Balkan conflict has not been
constdered Such an event would dramattcally reduce revenues perhaps by as much as $10-$12-MILLION
The staff has also not factored into sales tax data the potenttal but unknown tmpact of MacArthur Mall
The Community Services Board ts currently contmutng tts analysts of changes tn State
fundtng/reimbursements for services and the potential impact on the Bonney Road Complex Potenttal
recommendattons will, tn all hkelthood, include stgntftcant capital costs presented to Ctty Counctl on May
4, 1999, and would need to be considered as ad&ttons/amendments to the Capttal Budget
A detailed hst will beprovtded of the Reserves for Contingencies, t e fun&ngfor Juventle Detentton Costs,
which mtght exceed the budget
Relative the Southeastern Parkway Project, Charter Bonds were programmed over the 6-year pertod of the
Capttal Improvement Program and this was reduced from $5 7-MILLION down to approximately $17 or
$18-MILLION.
Mayor Oberndorf referenced the "fenced"funds t e Tourist Growth Investment Fund, Amusement Tax,
Room Tax, Meal Tax These were all "fenced" toperform the tmprovements to thatportton the City relied
upon as the Resort Area Revenue was fenced, when the formula was derived for schools The Special Tax
District in Sandbridge and the Agricultural Reserve Program also exists Mayor Oberndorf tnqutred
relative the other fenced funds Mr Block referenced page 1-50 of the Operattng Budget These reflect taxes
dedicated for spectficpurposes All of the Amusement Tax ts dechcated to TGIF In the case of the hotel room
tax, tt ts spread across several actions (TGIF, General Fund, Tourism Advertising Program and Beach
Events) The restaurant meal tax ts predomtnately tn the General Fund wtth ~ cent to TGIF and Tourism
Growth and Advertising Fund. The ctgarette tax (7 cents a pack) ts only dechcated to the Economic
Development lnvestment Program. The Sandbridge Speciai Service Tax District ts separate and represents
a new revenue source for sand replenishment Permtsston was recetved to tmpose an addtttonal lodgtng tax
of 5 cents and a 12-cent tncrease tn the real property tax rate The Ctty Counctl recently establtshed a tax
increment financing (TIF) district in Sandbridge in order to capture the tncreases tn assessment and new
growth, which mtght occur as a result of Ctty Counctl's actions to tmprove the beaches and to provide for
environmental protectton with the new sewage systems to the Sandbrtdge communtty Mr Block also
referenced the. 7 cents within the real property tax, approved in 1988, whtch was commttted to ongotngpark
development
Mayor Oberndorf referenced a citizen's correspondence who advised there were certatn exempttons to the
telephone fee. Virginia Universal Service Plan Line, Watts Line, Special Access Lines, all 800 numbers,
off-premises extension lines, all lines utilized by telecommunications providers and commercial radio
service mobile lines Mr. Block advtsed he will tnvesttgate same At least for the next two years, the fee
should rematn a mintmum of ftfty cents The phone company will tnvest the funds before remttttng to the
City Mr Block advtsed the phone company ts required to gtve the Ctty the funds every quarter. The City
Attorney will respond whether a spectal assessment against the rtght-of-way users mtght be enacted
April 13, 1999
-Il-
BUDGET WORKSHOP
ECONOMIC VITALITY/Q UALITY PHYSICAL ENVIRONMENT
ITEM # 44829
The story of the Budget ts "good news" The Agricultural Reserve Program wtth the combtnatton of
transttton zones and mtmmtztng denstty tncreases tn the north, provt&ng adequate tnfrastructure of
roadways have resulted in stgntficant steps tn the last 'half decade to manage growth The Green Line has
been sustatned over 20years Thts ts an urban services boundary and has worked effecttvely tn that regard
to manage sprawl Managing sprawl ts saving money
Mr Block cited the aspects of Economic Vitality
Agriculture Reserve Program
Resort Area Entertainment Events -funded through TGIF
Neighborhood Programs
Marketing Virginia Beach for amateur sports events -funded through increased
reven u es
Beach Erosion Control and Hurricane Protection Project
Atlantic Avenue Trolley Lanes
Design for possible expansion of the Virginia Marine Science Museum -funded
through state funds
EDIP- funded through cigarette tax
Relative Quality Physical Environment, which conststs of Planmng, Pubhc Utthttes and Pubhc Works,
SPSA charges increased due to tonnage and the amount gotng to the Landfill. The Ctty has been successful
wtth the recychng program Closing of Phase 1 of the landfill has been budgeted There will be planntng
activities tn the upcomtng fiscal year wtth the real impact comtng tn the followtng year tn the range of $2
~ to $3 MILLION The Ctty ts revtewtng increased tnspectton capacttyfor commerctal and restdenttal
butldtngs and forplan revtew New software ts also proposed tn thts Budget which will greatly tmprove the
access abthty of developers and contractors to be able to schedule thetr tnspectton and find out the results
on-hne In some tnstances, thepermtts wtll actually be issued on-hne An tncrease tn the development related
fees has been requested to offset these costs The budders who wtll benefit from improved servtces are
paying for these servtces A staff member ts betng added to the Mosqutto Control Board tn the Pubhc Works
Department for Vector Control (control of rats)
Mr Block referenced the road improvements: Corporate Landing Parkway/Culver Lane, Sandbridge Road,
Buckner Road Extension, Salem Road, Laskin Road Gateway and Laskin Road II, Princess Anne
Road/Kempsville Intersection and Great Neck Road~I-264 Interchange
Counctlman Branch advtsed relattve the Corporate Landtng Parkway/Culver Laneproject, thts cuts through
a currently zoned retatl space and he hopes thts can be tnvesttgated as "office" rather than "retatl"
Mr Scott &splayed the Ferrell Parkway Phase V/Seaboard Road locatton There are funds to perform two
addtttonal studies and he tentattvely suggested Holland and Salem Roads
Counctl Lady Henley referenced the need to address the Ferrell Parkway versus Sandbrtdge Road tssue It
ts her understandtng because of the Ferrell Parkway eminence tn Ferrell VI, thts tssue needs to be dectded
As thts majorptece of property ts going to develop, the owner needs to know what the City ts gotng to do wtth
the ahgnment and has offered a costparttctpatton There ts also the outstandtng tssue of the offer of the land
swap wtth the refuge
The City Manager advised budgeted within the CIP ts $2.9-MILLION for a Cost Participation wtth the
proposed developer Yesterday, the Ctty received an exhtbtt from the developer deptcttng that area and what
ts betng proposed. A presentatton wtll be scheduled for the Ctty Counctl Sesston of Aprtl 2 7, 1999
Aprtl 13, 1999
- 12-
BUDGET WORKSHOP
ECONOMIC VITALITY/Q UALITY PHYSICAL ENVIRONMENT
ITEM # 44829 (Continued)
Council Henley admsed there are noprojects programmed tn the quadrant to the west of Prtncess Anne Road
and the Mumcipal Center, the North Landmg Road area, West Neck Road, Indtan Rtver Road, etcetera
There are major pressures for development tn these areas Council Lady Henley has recetved many ctttzen
concerns Councd Lady Henley expressed concern relative Homeowner Associations and beheves the C~ty
needs to have more oversight tn thetr estabhshment
Vtce Mayor Sessoms advtsed the Paratranstt servtce wouM be matntatned at the same level Asststance has
been provided by the Federal Government
April 13, 1999
-13-
CI T Y COUNCIL B R IE FIN G
FIR GINIA BEA CH MUNICIPAL GOLF CO URSE
12:45 P.M.
ITEM # 44830
Susan D Walston, Chair -Vtrgtnta Beach Golf Course Task Force, recogmzed members of the Parks and
Recreatton Commtsston Go[f Commtttee tn attendance Herb Culpepper -Chatr, J Fletcher Bryant - also
Executtve Director -Vtrgtnta Beach Golf Assoctatton and Ray Marton Patrtcta Phtlhps -Dtrector of
Ftnance, Sara Hensley -Acttng Dtrector of Parks and Recreatton , Barry Frankenfteld- Planner, Parks and
Recreatton and Dtck Nutter -Acttng Golf Course Admtntstrator were also tn attendance Three muntctpal
golf courses are operated under the Ctty's cltrectton and gutdance
Bow Creek approachtng 40years came under operatton tn 1975
Kempsville Greens' 45 years wtth the City undertaktng operation tn 1987
Redwing approachtng 3O years
These three courses operate wtthtn an Enterprtse fund that ts self-supporttng and revenues generated
annually at the course cover the course operattons approxtmately $150,000 in indirect charges to the Ctty
to payfor Ctty support, over $200,000 in Capital lmprovement to the course and $200,000 in debt service
for Redwtng's portton of the Camp Pendleton property purchase Addtttonally the Enterprise Fund
contributes approxtmately $85,000 to the Tourism Growth and lnvestment Fund from sports parttctpatory
taxes The Virginia Beach Golf Association represents over 6 courses and over 600 lodging rooms to
promote Vtrgtnta Beach as a "golf desttnatton" The Arthur Hill's destgn for Redwing renovation and
expansion has progressed to 25% complete The National Golf Foundation has completed thetr study of
the Muntctpal Courses The Parks and Recreatton Commtsston revtewed thts report and made
recommendations Mrs Walston tntroduced Angelo Palermo -Nattonal Golf Foundatton Thts orgamzatton
was formed tn the late 1930's to promote the game of golf
Angelo Palermo presented a summary of the study commtsstoned through McKenzte and Company who
performed a strategtc prospecttve on the future of golf The conclustons of the study advised "Golf has
enjoyed explosive growth Over the last ftfty years, the game and the bustness of golf have grown
enormously. The game has been transformed from a sport enjoyed by a few to one enjoyed by a broad cross
sectton of soctety Over the more recentpast, there has been strong growth tn tndustry revenues There are
some recent factors htndertng the growth although the tndustry has gained 1.5 to 3-MILLION new golfers
per year, tt has also lost about an equal number through a fadure to convert tnterest tnto commttment Thts
tmphes that the tndustry has not been able to effecttvely dehver an expertence that sttmulates more golfers
to stay with the game nor has the tndustry provtded an expertence that mottvates the average golfer to play
more The strong economic growth and the busmess of golf over the past decade has been drtven by
tncreases tn per captta spendtng As important as they have been to the economtc growth of the industry,
future increases wdl be difficult to sustatn tn the absence of growth tn the number of golfers and the number
of rounds that theyplay Though there are wtde vartances by locale on balance, the recent explostve growth
of new golf courses has outpaced the growth of new golfers resulting tn fewer golfers per course From a
bustness standpotnt, thts excess supply has meant dechmng utihzatton rates for golf courses The study goes
on to say that the future of golf ts healthy, but can even be stronger Over the next decade, the combtnatton
of both natural populatton growth and favorable demographic changes almost ensures that the number of
golfers and rounds played wtll conttnue to grow at steady rates of l to 2% per year Thts ts healthy growth,
but tt ts not that strong This exists though a huge latent demand of 41-MILLION golfers who want to play
or play more often The sttmulatton of even a small portton of this demand reservotr could translate the
growth rates tn rounds played to 3% or 4% a year Tapping tnto these, 41-MILLION people wall require
more effecttve programs, t e for women andjuntors, targeted products, meantng more and better learmng
and practtce facthttes; dynamic pricing etther by the ttme of the day, the frequent player programs, etc ,
tmproved tnstructton, and, greater retnforcement of golf's tracltttons and etiquette Achtevtng 3% to 4%
annual growth rates tn rounds played wdl requtre that tndustry stakeholders, espectally golf facthttes,
undertake aggresstve indtvtdual efforts to address barriers to more play and grow the ranks of commttted
golfers "This spells out the challenge before the Ctty of Vtrgtnta Beach
Mr Palermo beheves management of golf facilities are crtttcal to future success The Cay should do
everythtng tn its power to keep the Ctty course under thetr control He does not thtnk gtvtng courses up to
prtvattzatton wdl achieve the goals tn a timely manner Only a small percentage of the golf course budget
ts chscrettonary spending The rematnder ts an obhgatton whtch must be met The dtscrettonary spendtng
ts the funds that must go into those ttems which tnfluence the quahty of the golf course A fart and equttable
fee schedule ts crtttcal to the success of the operatton
Aprtl 13, 1999
-14-
CI T Y COUNCIL B R IE FIN G
VIRGINIA BEA CH MUNICIPAL GOLF CO URSE
ITEM # 44830 (Continued)
There are a number offactltty defictenctes found tn the Ctty's golf courses In order to be compettttve, those
deficiencies must be overcome and the quahty of the product has to be tmproved The product has to be
physically upgraded and there has to be substanttal mcreases tn the quahty of servtce, tnstructton programs
and broader access to the golf courses A major investment needs to be made to capttal improvements and
equipment, personnel and supphes The consultant has calculated that the golf courses collectively can
support approxtmately $6-MILLION in debt service and that amount of debt servtce will not tmpact the
operattng budgets of the golf courses
Mrs Walston advtsed, wtth the presentatton of the draft report and the finahzatton, the Golf Committee of
the Parks and Recreatton Commtsston rewewed and made recommendattons The Golf Commtttee's
recommendattons
Keep the Municipal Golf Courses under City operation.
Provide a means to make funds available to the Enterprise Fund, to be repaid
through generated revenues.
Proceed with improvements, primarily first at Bow Creek and Kempsville
Greens, while improving the playing conditions at Red Wing and to plan a
staged development for Redwing based on the Arthur Hill Design. In the
process address management practices, equipment inventory and staffing levels.
Review the rate structure in order to support this
Therefore, after recetving the report and with tnput from the Parks and Recreatton Commtsston, the staff
offered the followtng recommendatton as outhned tn the Pohcy Report'
Provide quahty improvements to Bow Creek and Kempsvtlle Greens, whtle
enhancing quahty of play at Redwtng through increased maintenance, whtch do not
tnterfere wtth the proposed Arthur Hill's design
The City continues its operation of the courses; however, delay major tmprovements
to Redwtng for a pertod of up to two years
Managementpracttces, pohctes and quahty of customer servtces, staffing levels and
expertise should be addressed The needed equipment replacement ss made
Increased fees should be reviewed to fund these tmprovements and a plan wtth a
program of improvements at the courses should be revtewed
In conjunction with the Fiscal yhear 1999 -2000 Capttal Improvement Program,
extstingfunds contatned tn the Redwing Expanston CIP Account be transferred to
the CIP account whtch supports equipment replacement and tnfrastructure
tmprovements The needed equipment replacement be purchased Proceed wtth
addressing staff issues t e numbers, quahficattons, tratntng opportuntttes, current
servtce contracts
Effecttve July 1, 1999, recommend tnittattng a modest green fee tncrease of $1 O0
per round The last fee increase was tn 1997 and at that time, st was projected that
fees would mcrementally tncrease approxtmately $1 O0 per year
A detaded tmprovement plan will be presented as part of the FY 2001 Capttal
Improvement Program Budget submtsston, whtch wtll be forwarded next year and
completed tn the Fall
Momtortng and evaluattng the golf development occurrtng, which takes tnto
account the market based on the new course openings (Heron Ridge, TPC, and
others tn the surroundtng communities) and allows the staff to evaluate the efforts
of the Virgtnta Beach Golf Assoctatton, who are worktng tn concert with the Ctty
to promote golfing packages
Aprtl 13, 1999
- 15-
CI T Y COUNCIL B R IE FIN G
VIRGINIA BEA CH MUNICIPAL GOLF CO URSE
ITEM # 44830 (Continued)
As far as movtngforward with tmprovements for Bow Creek and Kempsville Greens, thts would encompass
approximately $1.8-MILLION each The plan would be addresstng the tssue of approxtmately $4-
MILLION, which ts projected to come forward wtth the Capttal Budget dtscusstons tn the next budget cycle
Mrs Walston advtsed stnce many of the scheduled improvements to Redwing have not occurred as ortgtnally
proposed, the Golf Assoctatton, tn concert wtth thetr hotehers, ts not sending golfers to Redwing It ts not
playing a major role of the current mventory of courses for the Golf Assoctatton The five golf courses
tncluded tn the major package are TPC, Heron Ridge, Cypress Point, Honey Bee and Hell's Point.
Mayor Oberndorf expressed apprectation for the report and advtsed of the many advocates who have
wrttten, called and lobbied not to have privatization of the golf courses The rettred communtty ts very
vocal.
Aprtl 13, 1999
-16-
AGENDA RE VIE W SESSION
1:32 P.M.
ITEM # 44831
1.1. Or&nance to REPEAL the Public Rights-of-way Use Fee adopted by City
Counctl 9 March 1999; and, chrecttng the City Manager to find a
conttnuing source of revenue within the Ctty's Budget re fulfilhng the
Ctty's commttment to the School Board to fund acqutsttton and
replacement of instructional technology hardware.
(Sponsored by Mayor Mey~ra E OberndorJ)
This item will be discussed during the Formal Session
ITEM # 44832
1.6. Ordinance to authorize temporary encroachments into portions of the
Ctty's rights-of-way:
a.
Mediterranean Avenue, 14tn Street and 16th Street by Virginia
Beach Pentecostal Church of Christ re erection and
matntenance of four directional signs (BEACH - DISTRICT 6)
This item will be DEFERRED for two weeks, with apphcant's concurrence.
ITEM # 44833
110 Ordinance granting operatton of Open Air Cafes in the Resort Area.
b. RENEWAL FRANCHISES
(1) Seashore Management, LTD
T/A Hilton Inn/Laverne's Caf~
(2) Fogg's Seafood Company
T/A Waterman's Caf~
(3) Herrengarten, Inc.
T/A Cities by the Ocean
(4) Jefferson Savings & Loan
Assoctation
T/A Howard Johnson/
Boardwalk Deli
(5) Ocean Front Snacks
T/A Ocean Isle Cafd
(6) Athena Enterprises, Inc
T/A King of the Sea Restaurant
(7) Colonial Inn, Inc
T/A Ca ry's Cafd
(8) Theme Restaurants, Inc.
T/A Il Gtardtno Ristorante
(9) Econo Lodge Oceanfront, Inc T/A Fish Bones Restaurant, Inc
Councd Lady Parker advised she wtll abstain on Item b 1 and 7 Item b 3 (Herrengarten, Inc.) has agreed
the mustc wtll cease at 10. O0 P.M.).
April 13, 1999
-17-
AGENDA RE VIE W SESSION
ITEM # 44834
BY CONSENSUS, the following items shall compose the CONSENTAGENDA.
ORDINANCES
1.2. Ordinance to AMEND and REORDAIN Section 23-26 of the City Code
re prostitution generally.
1.3.
Ordinance to APPROPRIATE $34,956 from the Parks and Recreation
Gift Fund to the FY1998-1999 Parks and Recreation Operating Budget re
use of accumulated donations for special events, recreation supplies,
printing and binding services and other activities, as may have been
designated by the donors.
1.4
Ordinance to TRANSFER of $3 75, O00 from the Instructional Category to
the Transportation Category within the FY 1998-1999 School Operating
Budget re replacement of aging school buses.
15.
Ordinance to TRANSFER $22 7,879from Eastern Branch Lynnhaven
River Dredging (CIP #7-712) to Western Branch Lynnhaven River
Dredging (CIP g8-109) reproviding sufficient funding to dredge a channel
in the Western Branch of the Lynnhaven River.
I. 6. Ordinances to authorize temporary encroachments mto portions of the
City's rights-of-way:
Mediterranean Avenue, 14tn Street and 16tn Street by Virginia
Beach Pentecostal Church of Christ re erection and
maintenance of four directional signs (BEACH - DISTRICT 6)
bo
Great Neck Road and city easements at 1901 Thomas Bishop
Lane by Charles E. and Kim D. Basnight re construction and
maintenance ora pier and boat lift (L YNNHA VEN - DISTRICT
s)
17
Ordinance to declare a portion of 1665 Indiana Avenue as EXCESS
PROPERTY, and, authorize the City Manager to convey said property in
the manner he deems in the best interests of the City (BEACH- DISTRICT
6).to Curtis Pendergrass.
1.8
Ordinances to authorize the acquisition of property in fee simple for right-
of-way and temporary and permanent easements, either by agreement or
condemnation'
Hungarian Road (CIP #2-021.11)(PRINCESSANNE-
DISTRICT 7)
Sandbridge Drainage Improvements (CIP #7-144)
(PRINCESS ANNE - DISTRICT 7).
1 9 Ordinance to authorize the City Manager to enter into a one (O-year
contract with KPMKG Peat Marwick LLP for an independent audit of the
City of Virginia Beach; and, renew the contract, subject to appropr~ations
availability, for a second and ad&tional years thereafter, not to exceed two
one-yearperiods, subject to an increase in cost for each of those years not
to exceed four percent.(4%)
April 13, 1999
- 18- '
AGENDA RE VIEWSESSION
ITEM # 44834 (Continued)
I10 Or&nance granting operation of Open Air Cafes tn the Resort Area
a NEWFRANCHISES
(1) Vtrgtnta George Company, Inc
T/A Dough Boys Cahfornta Pizza
Atlanttc Avenue &destreet Cafd
1700 Atlanttc Avenue
(2) Calabrese 3/lanagement Group, Inc Atlanttc Avenue &dewalk Cafd
T/A Ftsh Bones Restaurant 812 Atlantic Avenue
(3) Planet Ptzza, Inc.
T/A Fish Bones Restaurant
Atlanttc Avenue &destreet Cafd
812 Atlanttc Avenue
(4) Sunstattons, Inc
T/A Haagan-Dazs
Atlantic Avenue Stdestreet Cafd
2100 Atlanttc Avenue
(5) Leeward Prtncess Ann Investment
Assoctatton, LLC
T/A Marrtott Courtyard
Virgtnta Beach Oceanfront
Boardwalk Cafd
2500 Atlantic Avenue
(6) Loco, LLC
T/A Luna Sea Canttna Mexacah
Atlanttc Avenue Stdestreet Cafd
206 22na Street
110 Ordinance granting operatton of Open Air Cafes tn the Resort Area
b RENEWAL FRANCHISES
(1) Seashore Management, LTD
T/A Htlton Inn/Laverne's Cafd
(2) Fogg's Seafood Company
T/A Waterman's Cafd
(3) Herrengarten, Inc
T/A Ctttes by the Ocean
(4) Jefferson Savtngs& Loan
Assoctatton
T/A Howard Johnson/
Boardwalk Deh
(5) Ocean Front Snacks
T/A Ocean Isle Cafd
(6) Athena Enterprtses, Inc
T/A Ktng of the Sea Restaurant
(7) Colomal lnn, Inc
T/A Ca ry's C afd
(8) Theme Restaurants, Inc
T/A Il Gtardtno Rtstorante
(9) Econo Lodge Oceanfront, Inc T/A Ftsh Bones Restaurant, Inc
Item 1 6 a wtll be DEFERRED TWO WEEKS, BY CONSENT.
Council Lady Parker advtsed she wtll abstatn on Item b 1 and 7 Item b. 3 (Herrengarten, Inc ) has agreed
the music will cease at 10 O0 P M)
Aprtl 13, 1999
- 18-
AGENDA RE VIEW SESSION
ITEM # 44834 (Continued)
HO Ordtnance granting operation of Open Air Cafes tn the Resort Area
a NEW FRANCHISES
(1) Vtrgtnta George Company, Inc
T/A Dough Boys Cahfornta Pizza
Atlantic Avenue &destreet Cafd
1700 Atlanttc Avenue
(2) Calabrese.Management Group, Inc Atlanttc Avenue &dewalk Cafd
T/A Ftsh Bones Restaurant 812 Atlanttc Avenue
(3) Planet Ptzza, Inc.
T/A Ftsh Bones Restaurant
Atlanttc Avenue &destreet Cafd
812 Atlanttc Avenue
(4) Sunstattons, Inc
T/A Haagan-Dazs
Atlanttc Avenue Stdestreet Cafd
2100 Atlanttc Avenue
(5) Leeward Princess Ann Investment
Assoctatton, LLC
T/A Marrtott Courtyard
Vtrgtnta Beach Oceanfront
Boardwalk Cafd
2500 Atlanttc Avenue
(6) Loco, LLC
T/A Luna Sea Canttna Mexacah
Atlanttc Avenue &destreet Caf~
206 22na Street
110 Ordtnance granting operatton of Open Air Cafes tn the Resort Area
b RENEWAL FRANCHISES
(1) Seashore Management, LTD
T/A Htlton Inn/Laverne's Cafd
(2) Fogg's Seafood Company
T/A Waterman's Cafd
(3) Herrengarten, Inc
T/A Ctttes by the Ocean
(4) Jefferson Savtngs& Loan
Assoctatton
T/A Howard Johnson/
Boardwalk Deh
(5) Ocean Front Snacks
T/A Ocean Isle Caf~
(6) Athena Enterprtses, Inc
T/A Ktng of the Sea Restaurant
(7) Colontal Inn, Inc
T/A Ca ry's Cafk
(8) Theme Restaurants, Inc
T/A Il Gtardtno Rtstorante
(9) Econo Lodge Oceanfront, Inc T/A Ftsh Bones Restaurant, Inc
Item 16 a wtll be DEFERRED TWO WEEKS, BY CONSENT.
Council Lady Parker advised she will abstain on Item b 1 and 7. Item b. 3 (Herrengarten, Inc ) has agreed
the mustc wtll cease at 10. O0 P M)
Aprtl 13, 1999
- 19-
AGENDA RE VIEW SESSION
ITEM # 44835
J1
Or&nance tn the Petttton of LADM ASSOCIAT4ES, LLC, a
Vtrgtnta Ltmited Ltabthty Company, LENA SANCILIO and
CONTRACTOR'S PAVING COMPANY, INC. for the
dtscontmuance, closure and abandonment of aportton of Avenue
E begtnntng 337 93 feet South of Bonney Road and runntng
899 85feet tn a Southerly chrectton to the Northern boundary of
the Vtrgtnta Beach-Norfolk Expressway, contatntng 30, 094feet
(ROSE HALL - DISTRICT 3)
Vtce Mayor Sessoms will ABSTAIN as his bank does bustness with the apphcant
ITEM # 44836
J4
Apphcation of TIDEWA TER IMPOR TS, INC. fora Con&ttonal
Use Permtt for motor vehtcle sales and servtce at the Northeast
corner of Holland Road and Diana Lee Drive (3496 Holland
Road), contatnmg 4 218 acres (ROSE HALL - DISTRICT 3)
Counctl Lady McClanan wtshed this be chscussed durtng the Formal Sesston Councd Lady McClanan
wtshed a conditton added concerntng removing one of the signs Counctl Lady McClanan also expressed
concern relattve a hole tn the ground behtnd the property next door to the apphcant Karen Lashe, Planntng
Co-Oordinator, advtsed the tntent ts to pipe the drainage ditch in the back Thts was relattve the conchtton
of the 15-foot buffer
ITEM # 4483 7
.18
Apphcatton of Z-1 COMMERCIAL PROPERTIES, LLC, fora
Change qf Zontng Dtstrtct Classtficatton from I-I Ltght
Industrial Dtstrtct to Conchttonal B-2 Communttv Bustness
Dtstrtct at 820, 830 and 840 South Mthtary Htghway and 6404
In&an Rtver Road, contatntng approxtmately 42 acres
(CENTER VILLE ~ DISTRICT 1)
Counctl Lady Eure expressed appreciatton to the staff for their hard work A color rendering of thts
apphcatton ts avatlable
ITEM # 44838
BY CONSENSUS, the following ttems shall compose the PLANNING BY CONSENT AGENDA.
.11
Ordtnance tn the Petttton of LADM ASSOCIAT4ES, LLC, a
Vtrgtnta Ltmtted Ltabthty Company, LENA SANCILIO and
CONTRACTOR'S PAVING COMPANY, INC. for the
dtscontmuance, closure and abandonment of aportton of Avenue
E begtnntng 337 93 feet South of Bonney Road and running
899 85feet tn a Southerly threction to the Northern boundary of
the Vtrgtnta Beach-Norfolk Expressway, contatntng 30, 094feet
(ROSE HALL - DISTRICT 3)
.12
Apphcation of The Franciscus Company for an Amendment to
The Green Run Land Use Plan to allow an automobtle servtce
station tn conjunctton with a conventence store at the Northeast
corner of Lynnhaven Parkway and Wtndmtll Potnt Crescent,
contatntng 1 663 acres (ROSE HALL - DISTRICT 3)
Aprtl 13, 1999
- 20-
AGENDA RE VIE W SESSION
ITEM # 44838 (Continued)
,I3
J. 6
J8.
Application ofDONALD BERGER for a Conditional Use Permit
for indoor recreatton (btlhards) on the North side of Pembroke
Boulevard, West of Independence Boulevard (4616 Pembroke
Boulevard), containing 1 35 acres (L YNNHA VEN- DISTRICT 5).
Apphcation of SPRING BRANCH COMMUNITY CHURCH
for a Conditional Use Permit for a church on the East side of
Great Neck Road, North of Harbor Lane (1510 Great Neck
Road), contatning 9 250 acres (LYNNHA VEN- DISTRICT 5).
Applicatton of SAINT AIDENS EPISCOPAL CHURCH for a
Condtttonal Use Permit for a church at the Southwest corner of
Edtnburgh Drive and Kings Grant Road (3201 Edinburgh Drive),
containing 3.566 acres (LYNNHA VEN- DISTRICT 5)
Application of CITY OF VIRGINIA BEACH for a Conditional
Use Permtt for a commerctal/muntctpal parking lot at the
Northeast corner of Atlantic Avenue and 30th Street (3003
Atlantic Avenue), containing 1.03 acres (BEA CH- DISTRICT 6).
Application of Z-1 COMMERCIAL PROPERTIES, LLC, for a
Change of Zoning Distrtct Classtfication from I-1 Light
Industrial Distrtct to Condttional B-2 Communit~ Business
District at 820, 830 and 840 South Military Highway and 6404
Indtan River Road, contamtng approximately 4.2 acres
(CENTER VILLE- DISTRICT 1)
Vice Mayor Sessoms wtll ABSTAIN on Item I. 1.
Aprtl 13, 1999
- 21 -
CITY COUNCIL COMMENTS
1:40 P.M.
ITEM # 44839
Counctlman Jones referenced calls from a number of ctttzens tn the Pembroke Area relattve the
Commtsstoner of Revenue's revelatton pertatmng to the admissions tax Counctlman Jones requested the
Ctty Manager and Ctty Attorney revtew the subject of admisston ttckets actually being gtven away to
chartttes and, therefore, there ts no revenue ts involved Counctlman Jones requested an amendment to the
ordtnance where the tax not be implemented on these charitable tickets.
Councdman Branch referenced concern of one of the bustnesses who does an abundance of chartty work
Hts bustness recetved a $19,000 tax bill. Councdman Branch tnqutred tf thts Ordsnance would be
retroactive.
The City Attorney advssed st ss possible to attach a retroactsve provtsson
Councdman Harrison suggested another alternatsve would be to collect the tax and then approve a refund
The Csty Attorney advssed he would prefer to take the retroactsve approach
Councslman Hesschober sasd a "barter" sstuatson snvolvsng an exchange of tsckets for goods and servtces
would be the dtfficult part The City Attorney advssed wherever there ss a bargasn for goods and servsces,
they would not be exempted from the tax
Aprsl 13, 1999
- 22 -
ITEM # 44840
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINI/I BEACH CITY
COUNCIL in the Ctty Council Conference Room, City Hall Building, on Tuesday, Aprd 13, 1999, at 1.47
P.M.
Counctl Members Present'
£tnwood 0 Branch, III, Margaret £. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and ~4. M. "Don" Weeks
Council Members ~4bsent:
None
Apnll3, 1999
- 23 -
ITEM # 44841
Mayor Meyera E Oberndorf, entertained a motton to permtt Ctty Counctl to conduct its EXECUTIVE
SESSION, pursuant to Sectton 2 1-344, Code of Vtrgtnta, as amended, for the followmg purpose
PERSONNEL MA TTERS Discussion or consideration of or interviews of
prospecttve can&dates for employment, asstgnment, appointment,
promotton, performance, demotton, salaries, &sctphntng, or resignation
of spectfic pubhc officers, appotntees, or employees pursuant to Section
2 1-344 (A) (1).
To }~qt
Boards and Commtsstons
Me&cal College of Hampton Roads
Mtnortty Bustness Council
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
con&tton, acqutsttton, or use of real property for pubhc purpose, or of the
&sposttton of pubhcly-held property, or of plans for the future of an
mstttutton whtch could affect the value of property owned or destrable for
ownershtp by such tnstttutton pursuant to Sectton 2 1-344(A)(3)
To-l'gtt
16th Street Pump Statton- Tradewtnds Hotel
LEGAL MATTERS' Consultation wtth legal counsel or brtefings by staff
members, consultants, or attorneys pertatntng to actual or probable
littgatton, or other specific legal matters requesting the provtston of legal
advice by counsel pursuant to Sectton 2 1-344(A)(7)
16'h Street Pump Statton- Tradewtnds Hotel
Upon motion by Vice Mayor Sessoms, seconded by Councdman Harrtson, Ctty Councd voted toproceed tnto
EXECUTIVE SESSION.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and A M "Don" Weeks
Councd Members Vottng Nay
None
Councd Members Absent
None
Aprd 13, 1999
- 24 -
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
April 13, 1999
2:10 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, Aprtl 13, 1999, at 2:10 P.M
Counctl Members Present
Linwood O. Branch, III, Margaret L. Eure, Wilham W. Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S.
McClanan, Mayor Meyera E. Oberndor/f,, Nancy K Parker, Vtce
Mayor Wilham D. Sessoms, Jr. and A. M. "Don" Weeks
Councd Members Absent:
None
INVOCATION.
Reverend Chris Xenakis
Bays~de Christian Umted Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, being a Corporate Officer of Wachovia Bank, &sclosed he would ABSTAIN on Item
J 1. (LADMASSOCIATES, LLC, SANCILIO, CONTRACTOR 'SPA V1NG COMPANE, INC)., and there were
no matters on the agenda in whtch he has a "personal tnterest", as defined in the Act, etther tndtvtdually or
tn his capactty as an officer of Wachovta Bank. The Vtce Mayor regularly makes thts Disclosure as he may
not know of the Bank's interest in any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms'
letter of January 4, 1999, is hereby made a part of the record
ApHll3, 1999
Item VII-E
- 25 -
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 44842
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
requirements by Virginta law were chscussed tn Executive Session to which
this certtfication resolutton apphes,
AND,
Only such public business matters as were identtfied in the motion
convening the Executive Sesston were heard, discussed or considered by
Virginia Beach City Council.
Voting: I0-0
Councd Members Voting Aye:
Margaret L Eure, William W Harrtson, Jr, Harold Heischober,
Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera
E. Oberndo~ Nancy K. Parker, Vice Mayor Wtlltam D Sessoms, Jr
and A. M. "Don" Weeks
Council Members Voting Nay.
None
Council Members Absent:
Linwood O. Branch, III
Aprtl 13, 1999
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 44841, Page 23, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, Co) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
s Smith, CMC/AAE
City Clerk
April 13, 1999
Item VII-F. 1
- 26-
MINUTES
ITEM # 44843
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL AND FORMAl, SESSIONS of April 6, 1999.
Voting 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D
Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay
None
Counctl Members Absent.
Nancy K Parker
Aprtl 13, 1999
Item VII-G. 1
-27-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM it 44844
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
Upon motton by Vice Mayor Sessoms, seconded by Councilman Weeks, City Council ADDED to the
AGENDA:
Ordtnance to authortze acquisition of property/easements for
construction of a pump station at 16'h Street re Beach eroston
control/hurricane protectwn by agreement or condemnation (Trade
winds Hotel).
Voting: 11-0
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor
William D. Sessoms, Jr. and A. M "Don" Weeks
Counctl Members Voting Nay:
None
Council Members Absent'
None
Aprtl 13, 1999
Item VII-H. 1.
- 28-
A CCREDITA TION A WARD
ITEM # 44845
Sara Hensley, Acttng Dtrector of Parks and Recreatton, recogmzed members of the Parks and Recreatton
Commtsston tn attendance Dan H. Brockwell, Chatrman, Ltlhe R Gtlbert, Vtce Chair, Walter W Erb and
John Fletcher Bryant
Chatrman Brockwell advised Vtrgtnta Beach's Parks and Recreatton Department was selected for the untque
and beautiful Accreditation Award Thts award speaks very well for Suste Walston, Sara and the staff of
Parks and Recreatton. All the members of the Parks and Recreatton Commission met wtth the stte evaluation
team at the Oceanfront The number one asset was the Parks and Recreatton staff The only ttem that was
not addressed on the apphcatton was a requtrement for phystcals.
Aprd 13, 1999
Item VII-H.2.
- 29 -
PRESENTATION
ITEM # 44846
Btll Porte from James Cay Counctl PRESENTED
RESOLUTION OF APPRECIATION
CITY OF VIRGINIA BEACH
On December 24 and 25, 1998, James City County experienced the most damagtng tce storm tn 25 years
The City of Vtrgtnta Beach volunteered to assist James Ctty Counctl tn carrying out the Debrts Management
Plan and sent personnel and equtpment for a total of five days, mcludtng a combtnatton of weekends and
Holtday, between January 9 and February 6, 1999 James Ctty County saved County taxpayers SI-
MILLION through the collecttve efforts of assistance from the City and netghbortng localtttes
Mr Porte stated he has had the pleasure to work wtth the dtfferent localtttes and the Ctty of Vtrgtnta Beach
should be very proud of its professtonal and dedtcated employees
Aprtl 13, 1999
RE$OLIJTION Of APPRECIATION
_C.FFY OF VI~.,GINIAI B~¢~,CH
WHEREA~, ON D£CEMB£m ~.4 ANO 25, IGC8. JAMES Cn'~ COUNT~ EXPERIENCED THE
HOST DAHA~INO IC~.. STORM IN 2~ YEARS; AND
WHEREAS. IN ACCORDANCI-' wrl'H THE; COI,,JNI'~ (~OVEIRNMENT MISSION TO WORK IN
PAI:TlrNERgHIP WITH ALL COUNTY GITIZ. EN~; TO DEVELOP A QUALITY COMMUNITY,
THE BOARD OF SUPERVISORS DEVEI. OPE:O ^ DEBRIS IV~ANAOEMENT PLAN TO
A$$1tiT COUNTY' HOMEOWNERg IN THE: DISPOSAL OF STORM DEE~RI~| AND
WHEREAS. THE CITY' OF' VIRGINIA BEACH ORA¢IOUEL¥ VOLUNTEERED TO AssIs"r UAME$ CITY
COUNT1' IN CARRYING OUT THE DEBRIS MAH~OENICHT PLaN AND SENT PERSONNEL
AND EQUIPMENT FOR A TOTAL OF FIVE D~y$, IHCLUDINO A COMBINATION OF
WEEKENDS AND HOLIDAYS° Bt-'31NEEN JANUARY O, I ggg, AND FEBRUARY ~i,
I ejgg; AND
VVHERE~S, ~J^ME5 CITY COUNTY ~AVED COUNTY T~PAY~RS ~1 Ml~lON THROUOH ~
GOLLE~ EFFORTS AND ~SlSTANCE FROM THE C~ O~ VIROIN~ B~CH AND
OU~ NEIOHBO~INO LO~ll~.
NOW, THEREFORE. BE IT RESOLVED THAT THE BOARD OF 5UI~ERVlSORS OF JAMES
CouNty, VIRGINIA, ~E~ HEREBY THANK THE CI~ OF VIRGIN~ B~CH FOR IT~
~SISTANCE IN PRO~DINO PERSONNEL AND EOUI~ME~.
BE IT FURTHER RF..~OLVI[D THAt THE BOARD OF SUPERVISORS OF JAMES CRY COUNTY,
VIRQINIA, THANK~ ~,AC;H OF THE I I VIROINIA ~F-ACM EMI~.I3YEF_.~ FOR THEIR
EXCELLENT ~dqD PROFEISSlONAL WORK IN A.~Slb-"TINO ~IAME:S CITY COUNTY DURINO
CLEAN UP EFF'ORT~.
CHAIRIng[N, BOAII~O OF SUI=ERVI$OR$
CLERK TO THE BOARD
ADOPTED BY THE; ~OARD Or SUPERVISOR.~
DAr oF MA~CM, I QcJQ.
VIROINIA,
Item VII-I.
ORDINANCES
- 30-
ITEM # 4484 7
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN
ONE MOTION, Or&nances 2, 3, 4, 5, 6, 7, 8 a/b, 9, 10 a/b, 11 and 12b.
Item 8 a was DEFERRED, BY CONSENT, two weeks until the 2 7 Aprtl 1999, Ctty Counctl Sesston
Item 1 Ob 3 (Herrengarten, Inc ) was ADOPTED, B Y CONSENT, wtth the sttpulatton the music cease by
IOPM
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wilham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay
None
Counctl Members Absent
None
Council Lady Parker ABSTAINED on Item lOb 1, and 7
Aprtl 13, 1999
- 31 -
Item VII-I.
ORDINANCES
ITEM # 44848
The following registered tn SUPPORT:
Harry Ryto, 864 OM Vtrgtnta Beach Road, Phone 428-2763
Marv E Keefer, 4729 Eldon Court, Phone 456-0007
The following regtstered tn OPPOSITION:
Dtane Gdlespte, 710 Wtnston-Salem Avenue
Vtce Mayor Sessoms PRESIDED OVER THIS PORTION OF THE MEETING
A MOTION was made by Mayor Oberndorf, seconded by Councdman Weeks to ADOPT an Ordtnance to
REPEAL the Public Rights-of-way Use Fee adopted by City Councd 9 March 1999, and, dtrecttng
the Ctty Manager to find a conttnutng source of revenue wtthtn the Cay's Budget re fulfilhng the
Ctty's commttment to the School Board to fund acqutsttton and replacement of tnstructtonal
technology hardware. (Sponsored by Mayor Meyera E. OberndorJ)
A SUBSTITUTE MOTION was made by Councd Lady Eure to DEFER to April 27, 1999 an Ordtnance
to REPEAL the Public Rights-of-way Use Fee adopted by Ctty Counctl 9 March 1999; and,
chrectmg the Ctty Manager to find a conttnutng source of revenue wtthtn the Ctty's Budget re
fulfilhng the Ctty's commitment to the School Board to fund acqutsttton and replacement of
mstructtonal technology hardware. (Sponsored by Mayor Meyera E. OberndorjO. Thts deferral
would be for the spectfic purpose of brmglngforth a fundtng mechamsm to Ctty Counctl to support
the school technology tntttattve by allowing the evaluatton of the proposed Operating Budget and
Capttal Improvement Program as well as the School Board Budget to then determtne the
approprtate cost of fundtng the technology tntttattve. Motion LOST, as there was no second.
Upon motton by Mayor Oberndorf seconded by Counctlman Weeks, Ctty Councd ADOPTED:
Ordtnance to REPEAL the Public Rights-of-way Use Fee adopted by
Ctty Counctl 9 March 1999; and, dtrecttng the City Manager to find a
continuing source of revenue wtthtn the City's Budget re fulfilling the
Ctty's commitment to the School Board to fund acqutsttton and
replacement of tnstructtonal technology hardware (Sponsored by Mayor
Meyera E. Oberndorf
Vottng' 6-4
Councd Members Vottng Aye.
Harold Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker and A M "Don" Weeks
Councd Members Voting Nay
Ltnwood 0 Branch, III, William W Harrtson, Jr, Louts R Jones and
Vice Mayor Wtlham D Sessoms, Jr
Councd Members Abstatmng
Margaret L Eure
Counctl Members Absent
None
Councd Lady Eure ABSTAINED as she ts not tn a posttton to vote on thts matter wtthout
determmmg tf funds are available tn the current budget.
April 13, 1999
1 REQUESTED BY MAYOR MEYERA E. OBERNDORF
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE REPEALING THE PUBLIC
RIGHTS-OF-WAY USE FEE ADOPTED BY
CITY COUNCIL ON MARCH 9, 1999, AND
DIRECTING THE CITY MANAGER TO FIND A
CONTINUING SOURCE OF REVENUE
WITHIN THE CITY'S BUDGET TO
FULFILL THE CITY'S COMMITMENT TO THE
SCHOOL BOARD FOR FUNDING THE
ACQUISITION AND REPLACEMENT OF
INSTRUCTIONAL TECHNOLOGY HARDWARE
12
WHEREAS, the City Council hereby finds that (1) computer
13 laboratories are necessary for students to meet Technology
14 Standards of Learning mandated by the Commonwealth of Virginia and
15 to help teachers meet Technology Standards for Instructional
16 Personnel; (2) the maintenance of technology in school libraries,
17 writing laboratories, and word processing laboratories is a major
18 need in the School system; and (3) the School Division needs a
19 systematic and reliable method for replacing outdated instructional
20 equipment;
21
WHEREAS, the City Council is fully committed to funding
22 instructional technology in the public schools to the end that
23 students in Virginia Beach have the opportunity to benefit from the
24 advantages of modern technology in learning and preparing for the
25 future;
26
WHEREAS, the General Assembly has failed to provide an
27 adequate, ongoing source of funding to meet the mandates imposed by
28 the Technology Standards of Learning and the Technology Standards
29 for Instructional Personnel;
30
WHEREAS, on March 9, 1999, the City Council adopted an
31 ordinance (the "Ordinance"), requiring users of local exchange
32 telephone service to pay a fee (the "Fee") in the amount of fifty
33 cents ($0.50) per month per access line;
34 WHEREAS, under State law, the Fee is the only means by
35 which the City may legally be compensated for the use of the public
36 rights-of-way by providers of local exchange telephone service;
37
WHEREAS, the City Council directed in such Ordinance that
38 the revenue from the Fee and interest thereon "shall be dedicated
39 exclusively to acquiring and replacing computer equipment for
40 school classroom and computer laboratory use;"
41
WHEREAS, localities adopting the Fee are required by the
42 General Assembly to notify all providers of local exchange
43 telephone service of the adoption of the Fee by no later than March
44 15 preceding the fiscal year in which such Fee is to be effective;
45
WHEREAS, prior to the adoption of the Ordinance imposing
46 the Fee, the City Council held a public hearing on March 2, 1999,
47 and allowed further public comment prior to voting on the Ordinance
48 on March 9, 1999, at which times there appeared to be an
49 approximate parity between those members of the public favoring the
50 Fee and those opposing it;
51
WHEREAS, since the adoption of the Ordinance, the public
52 has made known to the City Council its overwhelming opposition to
53 the Fee; and
54
WHEREAS, in light of this opposition, it is the intent of
55 the City Council to repeal the Fee and to direct the City Manager
56 to find alternative funding sources in the City's annual budget
57 for the School Division's instructional technology hardware needs.
58
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
59 OF VIRGINIA BEACH, VIRGINIA:
60
That the Public Rights-of-Way Fee adopted by the City
61 Council on March 9, 1999, is hereby repealed;
62
63 BE IT FURTHER ORDAINED:
64
That commencing with the Fiscal Year 2000 budget (July 1,
65 1999 - June 30, 2000) the City Manager is hereby directed to find
66 a continuing source of revenue over an eight-year period from the
67 City's annual budget to fulfill the City's commitment to the School
68 Board for funding the acquisition and replacement of instructional
69 technology hardware; and
70
BE IT FURTHER ORDAINED:
71
That the General Assembly is hereby urged to enact
72 legislation during its 2000 session which will allow localities to
73 charge and collect reasonable fees for the use of the public
74 rights-of-way by providers of local exchange telephone service, and
75 which will not allow such providers to simply pass such fees
76 through to their customers on a dollar-for-dollar basis but,
77 instead, will require them to treat such fees as any other cost of
78 doing business.
79
Adopted by the Council of the City of Virginia Beach,
80 Virginia, on the 13 day of April
, 1999.
81 CA-99-7304
82 noncode\rwusefeel.res
83 R-6
84 April 8, 1999
Item VII-I.Z
ORDINANCES
- 32 -
ITEM # 44849
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-26 of the Ctty
Code re prostitution generally.
Voting 11-0 (By Consent)
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W. Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlltam D Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay.
None
Counctl Members Absent
None
Aprtl 13, 1999
AN ORDINANCE TO AMEND THE CITY CODE
PERTAINING TO PROSTITUTION GENERALLY
SECTION AMENDED: § 23-26
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-26 of the City Code is hereby amended and
7 reordained to read as follows:
8 Sec. 23-26. Prostitution generally.
(a) Any person who, for money or its equivalent, commits or
10 performs adultery, fornication, masturbation, or any act in
11 violation of Code of Virginia section 18.2-361, or offers to commit
12 or perform adultery, fornication, masturbation, or any act in
13 violation of Code of Virginia section 18.2-361, and thereafter does
14 any substantial act in furtherance thereof, shall be guilty of
15 being a prostitute, or of prostitution, which shall be a Class 1
16 misdemeanor.
17
(b) Any person who offers money or its equivalent to another
18 for the purpose of cngaging in committing or performinq any sexual
19 acts as enumerated above and thereafter does any substantial act in
20 furtherance thereof shall be guilty of solicitation of prostitution
21 and shall be guilty of a Class 1 misdemeanor.
22
23
24
25
26
27
28
Adopted by the City Council of the City of Virginia Beach on
this 13th day of April, 1999.
CA-6939
DATA/ODIN/PROPOSED/23-026. ORD
PREPARED: April 6, 1999
R3
Item VII-I.3.
ORDINANCES
- 33 -
ITEM # 44850
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED:
Ordmance to APPROPRIATE $34,956 from the Parks and
Recreation Gift Fund to the FY 1998-1999 Parks and Recreatton
Operatmg Budget re use of accumulated donattons for spectal
events, recreatton supphes, prtnting and btndtng servtces and other
acttvittes, as may have been designated by the donors
Votmg. l I-O (By ConsenO
Counctl Members Vottng Aye
Linwood O. Branch, III, Margaret L Eure, William W Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 13, 1999
AN ORDINANCE TO APPROPRIATE $34,956
OF FUND BALANCE FROM THE PARKS AND
RECREATION GIFT FUND TO THE FY 1998-
99 PARKS AND RECREATION OPERATING
BUDGET
WHEREAS, the Parks and Recreation Gift Fund annually
7 receives cash donations from citizens for designated and
8 undesignated purposes related to Parks and Recreation programs and
9 activities; and
10
WHEREAS, the City wishes to use $34,956 of accumulated
11 donations in the Gift Fund fund balance for a variety of purposes,
12 including special events, recreation supplies, printing and binding
13 services, and other Parks and Recreation activities, as may have
14 been designated by the donor.
15
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17
That $34,956 is hereby appropriated from accumulated
18 donations in the Parks and Recreation Gift Fund fund balance to the
19 Parks and Recreation FY 1998-99 Operating Budget for a variety of
20 purposes, including special events, recreation supplies, printing
21 and binding services, and other Parks and Recreation activities, as
22 may have been designated by the donor.
23
24
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of April , 1999.
25
26
Requires an affirmative vote by a majority of the members
of City Council.
27
28
29
30
CA-7316
ODIN\NONCODE\PARKS & REC. GIFT FUND. ORD
APRIL 5, 1999
R5
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Item VII-L4.
ORDINANCES
- 34-
ITEM # 44851
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED:
Or&nance to TRANSFER $375,000 from the Instructtonal
Category to the Transportatton Category wtthtn the FY 1998-1999
School Operating Budget re replacement of aging school buses
Voting I 1-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M. "Don" Weeks
Counctl Members Voting Nay
None
Councd Members Absent
None
Aprtl 13, 1999
AN ORDINANCE TO CONSENT TO THE
TRANSFER OF $375,000 FROM THE
INSTRUCTIONAL CATEGORY TO THE
TRANSPORTATION CATEGORY WITHIN THE
FY 1998-99 SCHOOL OPERATING BUDGET
WHEREAS, the School Board of Virginia Beach has, within
7 the FY 1998-99 School Operating Budget, identified resources
8 available to replace aging school buses;
WHEREAS, $375,000 of the necessary funds are in the
10 Instructional category, requiring a transfer of these funds to the
11 Transportation category;
12
WHEREAS, pursuant to §22.1-89 of the Code of Virginia,
13 the transfer of funds from one category to another requires the
14 consent of City Council;
15
WHEREAS, by resolution adopted March 16, 1999, the School
16 Board formally requested the City Council to approve such a
17 transfer; and
18
WHEREAS, the City Council wishes to support the School
19 Board's efforts both to address pupil transportation needs and stay
20 within resource levels.
21
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23
That City Council hereby consents to the School Board's
24 transfer of $375,000 from the Instructional category to the
25 Transportation category in the FY 1998-99 School Operating Budget.
26
Adopted by the Council of the City of Virginia Beach,
27
Virginia, on the 13~h day of April, 1999.
28 CA-7326
29 ODINkNONCODE\BUSES . ORD
30 APRIL 5, 1999
31 R4
A REQUEST OF THE VIRGINIA BEACH CITY COUNCIL TO
APPROPRIATE CERTAIN FUNDS
RESOLUTION
WHEREAS, the mission of the Virg,nia Beach C~ty Public Schools, ~n partnership with our
entire community, ~s to ensure that each student is empowered w~th the knowledge and skills
necessary to meet the challenges of the future; and
W"HEREAS, budgetary constraints in recent years have precluded the purchase of sufficient
buses to meet State guidelines for replacement of school buses; and
g~'7tEREAS, the safety of students is always a primary concern of the V~rgima Beach
School Board and the School Administration; and
WHEREAS, the School Board reduced the $474,727,788 Operating Budget approved March
5. 1999 to $464,544,867 at the March 16, 1999 regular School Board meeting; and
WHEREAS, one of the items reduced to accommodate the reduction was a decrease m the
number of replacement buses to be purchased with the FY 99/00 Operating Budget; and
WHEREAS, the School Board has identified funds w~th the FY 98/99 Operating Budget;
now, therefore, be it
RESOLVED: That the Virginia Beach School Board requests the V~rginia Beach City
Council to approve a categorical transfer in the amount of $375,000 from the Instructional
Category to the Pupil Transportation Category to be used by the school division for the
purpose of ordering replacement buses; and be it further
RESOLVED: That the Superintendent is directed to deliver d~rectly to the City Manager a
cop5 ol th~s resolution and request that this transfer request be placed on the next available
C~ty Council Action Agenda; and, be ~t further
RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board
Presented March 16, I999
SEAL
Robert C Spadace~ni, Chairman-
Attest
D~anne M. Page, Clerk df the Board
Item VII-I. 5.
ORDINANCES
- 35-
ITEM # 44852
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED:
Ordtnance to TRANSFER $227,879 from Eastern Branch
Lynnhaven Rtver Dredgtng (CIP #7-712) to Western Branch
Lynnhaven Rtver Dredgtng (CIP #8-109) re provtdtng suffictent
fundtng to dredge a channel tn the Western Branch of the
Lynnhaven River
Vottng 11-0 (By Consent)
Counctl Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wdham }g Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and A M "Don" tf/eeks
Counctl Members Vottng Nay'
None
Counctl Members Absent
None
Aprtl 13, 1999
AN ORDINANCE TO TRANSFER $227,879 FROM
CAPITAL PROJECT # 7-712, EASTERN BRANCH
LYNNHAVEN RIVER DREDGING, TO CAPITAL
PROJECT #8-109, WESTERN BRANCH
LYNNHAVEN RIVER DREDGING, FOR THE
PURPOSE OF PROVIDING SUFFICIENT
FUNDING FOR DREDGING A CHANNEL IN THE
WESTERN BRANCH OF THE LYNNHAVEN
RIVER
10
WHEREAS, the City Council first recognized the importance of Capital Project #8-109,
11 Western Branch Lynnhaven River Dredging, in the FY 1989-90/1994-95 Capital Improvement
12 Program by providing funding for a study;
13
WHEREAS, after a difficult environmental review process, sufficient funding is available
14 in the project to award the construction contract, but additional funding is needed to finalize
15 temporary easement acquisitions and provide an appropriate amount of funds for contingencies; and
16
WHEREAS, $227,879 of additional funding is available in Capital ProJect # 7-712, Eastern
17 Branch Lynnhaven River Dredging.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
That $227,879 is hereby transferred from Capital Project # 7-712, Eastern Branch Lynnhaven
21 River, to Capital Project # 8-109, Western Branch Lynnhaven River Dredging, for the purpose of
22 providing additional funding necessary for dredging a channel in the western branch of the
23 Lynnhaven River.
24
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of Apr,il
25 1999.
26
27
28
29
CA-7332
DATA\ORDIN\NONCODE~DREDGING.ORD
PREPARED: APRIL 2, 1999
3O
31
32
33
34
APPROVED AS TO CONTENT:
Management Servmes
APPROVED AS TO LEGAL
SUFFICIENCY
(~ty Attorney
Item VII-L 6. a.
ORDINANCES
- 36-
ITEM # 44853
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl DEFERRED until
the City Council Session of Apri127, 1999:
Ordinance to authortze temporary encroachments into porttons
of the Ctty's rtghts-of-way.
Medtterranean Avenue, 14th Street and 16th Street by Virginia
Beach Pentecostal Church of Christ re erectton and matntenance
of four directional signs (BEACH - DISTRICT 6)
Voting'
11-0 (By Consent)
Counctl Members Voting Aye.
Ltnwood O. Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay
None
Council Members Absent
None
Aprtl 13, 1999
Item VII-I. 6. b.
ORDINANCES
-37-
ITEM # 44854
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED:
Ordtnance to authortze temporary encroachments tnto porttons of the
City's rights-of-way
Great Neck Road and ctty easements at 1901 Thomas Btshop Lane by
Charles E. and Kim D. Basnight re constructton and matntenance of a
pier and boat lift (LYNNHA VEN- DISTRICT 5), subject to
The following conchttons shall be required
The temporary encroachment wtll be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtnta
and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's
spectficattons and approval as to size, ahgnment and locatton
The temporary encroachment herein authorized terminates upon
notice by the City to the apphcant and, within thirty (30) days
after such nottce ts given, such temporary encroachment must be
removed from the encroachment area by the apphcant and the
apphcant wtll bear all costs and expenses of such removal
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and against all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
it shall be necessary to file or defend an actton artstng out of the
locatton or existence of such temporary encroachment
Nothtng herein contained shall be construed to enlarge the
permtsston and authority to permit the matntenance or
construction of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied herein, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unsightly or a hazard
The apphcant must obtatn a permtt from the Office of
Development Servtces Center/Planmng Department prior to
commencing any constructton wtthtn the encroachment area
Prtor to tssuance of a Rtght-of-Way Permtt, the apphcant must
post surettes, tn accordance wtth their engineer's cost estimate
to the Development Servtces Center/Planntng Department
The applicant must obtatn and keep tn force all rtskproperty
tnsurance and general habthty or such insurance as ts deemed
necessary by the Ctty, and all tnsurance pohcies must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
insurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combtned stngle hmtts of such insurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days'wrttten notice to the Cttyprtor
to the cancellation or termtnation of, or material change to, any
of the tnsurance pohctes. The apphcant assumes all
responsibthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
Aprtl 13, 1999
Item VII-I. 6.b.
ORDINANCES
- 38-
ITEM # 44854 (Continued)
10
The temporary encroachment must conform to the mintmum
setback requtrements, as estabhshed by the Ctty
The Ctty, upon revocation of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the appltcant and collect the cost tn any
manner provtded by law for the collectton of local or state taxes,
may requtre the appltcant to remove such temporary
encroachment, and, pendmg such removal, the Ctty may charge
the applicant for the use of the encroachment area the equtvalent
of what would be the real property tax upon the land so occupted
tf tt were owned by the applicant, and if such removal shall not
be made wtthtn the time ordered heretnabove by thts Agreement,
the City may impose a penalty tn the sum of One Hundred
Dollars ($100 00) per day for each and every day that the
temporary encroachment ts allowed to conttnue thereafter, and
may collect such compensation and penalties tn any manner
provided by law for the collection of local or state taxes
Vottng 11-0 (By ConsenO
Counctl Members Voting Aye
Linwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlltam D. Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay'
None
Counctl Members Absent
None
Aprtl 13, 1999
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF THE
RIGHT-OF-WAY OF GREAT NECK
ROAD AND CITY EASEMENTS BY
CHARLES E. BASNIGHT AND KlM D.
BASNIGHT, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
10
WHEREAS, CHARLES E. BASNIGHT AND KIM D. BASNIGHT, desire
to construct and maintain a pier and boat lift into the City's rights-of-way and easements
located at 1901 Thomas Bishop Lane.
13
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
07, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the
City's right-of-way and easements subject to such terms and conditions as Council may
prescribe.
NOW, THEREFORE 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 §§ 15.2-
2o 2009 and 15.2-2107, Code of Vlrglnia, 1950, as amended Charles E. Basmght and Kim D
Basnight their heirs, assigns and successors in title are authorized to construct and maintain
2 2 a temporary encroachment for a pier and boat lift in the City's right-of-way and easements
2 3 as shown on the map entitled: "ENCROACHMENT REQUEST PROPOSED PIER & BOAT
24 LIFT FOR CHARLES E. & KIM D. BASNIGHT THE REMAINDER OF LOT 4,
25 HAMPSHIRE QUAY SUBDIVISION LYNNHAVEN BOROUGH VIRGINIA BEACH,
2 6 VA," a copy of which is on file in the Department of Public Works and to which reference
2 7 is made for a more particular description; and
28
BE IT FURTHER ORDAINED, that the temporary encroachments are
2 9 expressly subject to those terms, conditions and criteria contained in the Agreement between
the City of Virginia Beach and Charles E. Basnight and Kim D. Basnight, (the "Agreement")
3 ~_ which is attached hereto and incorporated by reference; and
32
BE IT FURTHER ORDAINED that the City Manager or his authorized
3 3 designee is hereby authorized to execute the Agreement.
34
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as Charles E. Basnight and Kim D. Basnight and the City Manager or his
authorized designee execute the Agreement.
37
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13t:h
April , 1999.
39 CA-
40 PREPARED LDH
APPROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFF~IENCY AND FOI/~M
- C~-ATTO~~
PREPARED BY VIRG! NIA BEACI t
CITY ATI'ORNEY'S ()Fl:ICl,;
EXEMPTED FROM REC¢ )RI)ATION 'FAXES
UNDER SECTIONS 58 1-81 I~,aX3)
AND 58 !-81 I(eX4) REIMBIJRSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ! S i~ day of ~a ~, ,~ ,, ,~ ~
,199~,byand
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and CHARLES E BASNIGHT AND KlM D BASNIGHT, HUSBAND AND WIFE,
THEIR, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one
WITNESSETH
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as" THE REMAINDER OF LOT 4, HAMPSHIRE QUAY
SUBDIVISION" and being further designated and described as 1901 Thomas Bishop Lane,
Virginia Beach, Virginia 23454, and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a pier and
boat lift, "Temporary Encroachment", in the City of Virginia Beach, and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as Great
Neck Road and existing City easements "The Temporary Encroachment Area", and the Grantee
has requested that the City permit a Temporary Encroachment within The Encroachment Area
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
GPIN 1499-55-2782
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment
It is expressly understood and agreed that the 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's specifications and approval and is more
particularly described as follows, to wit
A Temporary Encroachment into The
Encroachment Area as shown on that certain
plat entitled "ENCROACHMENT REQUEST
PROPOSED PIER & BOAT LIFT FOR
CHARLES E & KIM D. BASNIGHT, THE
REMAINDER OF LOT 4, HAMPSHIRE
QUAY SUBDIVISION, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VA (M.B
108 PG 24 & M.B 182 PG 12) DATE
SEPT 25, 1998," 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 terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such
removal
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, 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 the Temporary Encroachment
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the 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
Grantee
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable The Grantee also agrees to cra'fy comprehensive general liability insurance
in an amount not less than $500,000 00, combined single limits of such insurance policy or
policies The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the insurance
policies The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation
to the Temporary Encroachment
It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection
of local or state taxes, may require the Grantee to remove the Temporary Encroachment; and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied if it were owned
by the Grantee, and if such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100 00) per day
for each and every day that the Temporary Encroachment is allowed to continue thereafter, and
may collect such compensation and penalties in any manner provided by law for the collection of
local or state taxes
IN WITNESS WHEREOF, Charles E Basnight and Klm D Basnight, the said
Grantee has caused this Agreement to be executed by their signature and seal duly affixed
Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST
City Clerk
Charles E Bas~ht
Kim D Basnight ~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this
day of~
,19 J, ,by
, CITY MANAGER/AUTHORIZED DESIGNEE
OF THE CITY MANAGER
Notary Public
My Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this
day of
., 19 ..., by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH
My Commission Expires
Notary Public
STATE
CITY/C'~eltS~ICY-DF
., to-wit
The foregoing instrument was acknowledged before me this
day of~
19Cl~?, by Charles E Basnight
My Commission Expires //0 -~i -o Z
STATE OF
CITY/L'~3DIs~"Y OF
, to-wit
The foregoing instrument was acknowledged before me this
,19 clc~, by Kim D Basnight
day of ,
Notary Public /
My Commission Expires tO-%1 _c., L-
APPROVED AS TO
._~V ATTO~h/
A~, PROVED AS TO CONTENT
Q~TY REAL ESTATE AGENT
LOCATION MAP
\
SCALE 1" = 1,600'
LOCATION
CHARLES
E.&
MAP FOR%
KlM D. BASNIGHT
\
\ \
\
\
\
-\
\
\
\
99-1--648MO N ICA4IEALEsTATF./HAYES
SCALE: 1" = 100' -
PREPARED BY PAN ENG. DRAFT. 04-FEB-1999
i II II II I I I
TUNNEL CONNECT5 TO
LYNNHAVEN 15AY ON
50UTH ~IDE OF NOP.,TH
GP, CAT NECK ROAD. ·
~ CDB....~ ..~
-- -- -- ~' fLOOD '~ _ ·/' NiP OW OF VIR. GINIA 5EACH
LOT 4
\ .=P,, ¢ BOAT LIte1'
2-STY-1~-51DENCE
(UNDE:~, CONSTR.)
IIA.~II k41~ N1
b'
THOMA.5 DISHO? LANE
LAT. N 3G'b3.~Z'
LON W TG*05 ~ ! '
I I I I
GOVERNMENTAL
PERMITTING
CONSULTANT5
4'71 ,~OU rtl.SID~ ~.,OAD
VIRGINIA BEACH, VA
I=HONE/I'AX (7.57) 42~5-4245
VOICE MAIL: C75 7)
I
PLAN VIEW
.,~6;ALI"' I" -, 4¢
REV: MAR. CH 9, I 9f..)9
I I _ I I llll
ENCROACHMENT REQUEST
PROPOSEID PIeR ¢ DOAT LII=T
POE
CH/~,~J.f5 r, ~I K, IM [) I~A'SNIGI'I r
TI'II' ItZ'MAINDEIr. or' LO1 4, I1AMI'.~)I'IlI~ OUAY .2')UDDIVI.~ION
LYNNHAVI~N DOP.,OUGH VIRGINIA DEAC:I I, VA
(M {3, I O~ I"G, 2.4 t.M.I~ 1~2 PG. I ~.) DATE' SI'PT 25, i
I · I
_
Item VIIJ. 7.
ORDINANCES
- 39-
ITEM # 44855
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordtnance to declare a portion of 1665 Indiana Avenue as EXCESS
PROPERTY, and, authortzed the Ctty Manager to convey satd property
in the manner he deems tn the best tnterest of the Ctty (BEACH-
DISTRICT 6) to Curtis Pendergrass
Vottng 11-0 (By Consent)
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Ve'tlham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and A M "Don" }Veeks
Councd Members Vottng Nay
None
Councd Members Absent'
None
Aprtl 13, 1999
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
THE CITY MANAGER TO DISPOSE OF
SAME
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23
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25
26
27
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3O
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WHEREAS, the City of Virginia Beach acquired
ownership of the following described property by deed recorded in
Deed Book 3989, page 0833; and
WHEREAS, the City Council is of the opinion that the
following described property is in excess of the needs of the City
of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the following descrxbed property is hereby
declared to be in excess of the needs of the City of Virgmnma Beach
and that the City Manager is authorized to convey said property in
the manner he deems in the best interests of the City of Virginia
Beach reserving therein any and all easements pertaining thereto,
and further that such property be declared in excess of the needs
of the City and is more particularly descrzbed as follows:
Ail that certain lot, piece or parcel of land
situate in the City of Virginia Beach, Virginia,
and being designated as "AREA TO BE DECLARED EXCESS
0.136 AC. = 5,924 SQ.FT." as shown on that certain
plat entitled: "PLAT SHOWING EXCESS CITY OWNED
DPROPERTY 1665 INDIANA AVENUE", a copy of which is
attached hereto as Exhibit "A"
2.
alone building site.
3. This Ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 13th day of April , 1999.
(R/E File 99-018H)
PREPARED' LDH(3/9/99)
This parcel shall not be considered a stand
ZPROVED AS TO CONTENT
APPROVED AS TO '
ItA)epartment of Real Estate
~-..~_ _.~ u~ ~rs/TWII', OAKS LA 'J ~'
....... ~ ............... :~: ....................... ~¢¢-¢ ...... ~~.
LO~qON ~ S~ :1": 1,600' ~ .'~
co~, ,/ /'~ - '~ .... -'-,: ~ ~ ~ ~ "-~C)
~_:___ ;:lb ' X : ~:>
...... - I ' ~ ', ~ I m ,~ -
--- ~ ~/:to,s~uc~io~ '~ . ~,--- . ...............
~ / I ',," .... ~~~~.~ ..
,,, :
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' ' '~ ' ' ' ~, l
I I~ I1~=~ ..... ~ ........ ~ ' '~ '/'~ / ~ ,
[ ~ J, : , : ~1, I~ ~ ~-,1~ ~-,
......~./ ~,~ ~ ~ . ~;~ .~: ~,
................ -~[
~°I ~o/ t' ~;, ~ ~ ~ (-~ ~ ~ ;'~ ~
4' / /l t~ LOCATION MAP FOR,
,[~XCESS Cl~ OWNED PROPE[~
RELOCATED OCEANA BOULEVARD"
i
'~ ~/UI GPIN ~2407-84-3778~
SOUTHERN BLVD.
] o o .... o ...
~ ~ I I I I I I I I I I I I I I I I I I I I I I I I I
NORFOL~S~~ERN RAILWAYCO.
PREPARED BY PA&/ ENG. DRAFT. 04-FEB-1999
PIN FOUND
INOIAHA AVE.
ll.B. 2
(40'
Pg. 152
N89'27'32"E
100.00'
,
c~ M.E. 2 Pg. 52
o IGP/N 2407-84-577'81
~A TO BE DECL~D EXCESS
~ ~ 0 136 AC = 5,924 S~ FT
o
o
o
EXHIBIT "A"
PI.AT SI lOWING F. XCESS
C! I Y OWNF, I) I'R()I'I:,R rY
1665 INI)IANA AVI:NIII,
Item VII-L 8. a./b.
- 40-
ORDINANCES
ITEM tt 44856
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED:
Ordtnances to authortze the acquisition of property tn fee simple for
rtght-of-way and temporary and permanent easements, etther by
agreement or condemnatton
Hungarian Road (CIP tt2-021.11) (PRINCESS ANNE- DISTRICT 7)
Sandbrtdge Dramage Improvements (CIP it7-144) (PRINCESS ANNE- DISTRICT 7)
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Ig'tlham D Sessoms, Jr and A. M "Don" Weeks
Councd Members Vottng Nay
None
Counctl Members Absent'
None
Aprd 13, 1999
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR
HUNGARIAN ROAD(CIP 2-021.11)
AND THE ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia,
a public necessity exists for the construction of this important roadway project and
intersection improvements to provide transportation and for other public purposes for the
preservation of the safety, health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the acquisition by purchase or
condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as
amended, of all that certain real property in fee simple, including temporary and permanent
easements and right-of-way (collectively the "Property") as shown on the plans entitled
"Hungarian Road Improvements CIP #20.021.11" (the "Project"), and more specifically
described on the acquisition plats for the Project (collectively the "Plans"), the Plans being
on file in the Engineering Division, Department of Public Works, City of Virginia Beach,
Virginia.
Section 2. That the City Manager is hereby authorized to make or cause to be made
on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
offer to the owners or persons having an interest in the Properly. If refused, the City
Attorney is hereby authorized to institute proceedings to condemn the Property.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13t:h
of /~pril ,1999
day
APPR~;S TO~. CONTENTS~j.~,
/~~ $1GNATUR~
DEPARTME~
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY A'I'FORNEY
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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AN ORDINANCE TO AUTHORIZE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS FOR
SANDBRIDGE DRAINAGE IMPROVEMENTS, PRINCESS ANNE DISTRICT
(CIP 7-144),
EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, ~n the op~mon of the Council of the City of V~rg~ma Beach, Vlrg~ma, a
publ,c necessity exists for the construcnon of th~s ~mportant dra,nage project and
,mprovements to provide adequate drainage for the preservat,on of the safety, health, peace,
good order, comfort, convemence, and for the welfare of the people ,n the C~ty of V,rgm~a
Beach
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Secnon 1 That the City Council authorizes the acqmsmon by purchase or
conderrmatlon pursuant to Secnons 15 2-1901, et seq, Code of V~rgmm of 1950, as amended,
of all those certain temporary and permanent easements for Sandbndge Drainage
Improvements, CIP 7-144 (collectively the "Easements") as shown on Sheets SS-1 through
SS-7 and attached as a part of those certain project plans enntled "Sandbndge Vacuum Sewer,
CIP 6-931, System #2 - Contract #4 - B~d #8227" (the "ProJect"), and more specifically
described on the acqms~non plats for the Project (collecnvely the "Plans"), the Plans being on
file m the Engineering D~vm~on, Department of Pubhc Works and the Engineering D~ws~on,
Department of Pubhc Unht~es, C~ty of V~rgmia Beach, V~rgmm
Section 2 That the Cxty Manager ~s hereby authorized to make or cause to be made
on behalf of the C~ty of Vlrg~nm Beach, to the extent that funds are available, a reasonable
offer to the owners or persons having an interest m the Easements If refused, the C~ty
Attorney ~s hereby authorized to msntute proceedings to condemn the Easements
Adopted by the Councd ofthe C~ty of Virginia Beach, Vlrgmm, on the 13 th day of
~pril ,1999
APPROVKD AS TO CONTEN~S
SIGNATURE
! DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
L
/
I~~J
N.T.S.
City of Virginia Beach Virginia
FY 1998-99 thru FY 2003-04 Capital Improvement Program
Project # and Title' 7-144 Sandbndge Drainage Improvements
ClP Sechon StormWater Bus,ness Area Quahty Physical Environment Priority: *
Total Total Budget Unappropriated Subsequent Years Future
Programmed Appropriations Year 1 Year 2 Year 3 Year 4 Year $ Year 6 Fund,ng
Funds To Date FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 Re~luirement
1,181,625 1,181,6250 0 0 0 0 O 0
Th~s project wdl provide for design and construcbon ~mprovements to areas expe.enc~ng severe flooding on Sandp~per and
Sandflddler Roads
Rainfall and ocean overtopping during storms and unusually h~gh hdes produce severe street flooding W~thout th~s project,
frequent severe street flooding and erosmn wdl continue
Thru project first appeared ~n the 1991-95 CIP at an eshmated cost of $3,209,000 Parbal funding ~s prowded to address the
most severely flooded areas
Basis for Est,mate FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04
=Non~Apphcable 0 0 0 0 0 0
~~.:~ J~ r~ Act,v,ty From-To Amount
Inspecbons and Support 01/97-09/00 97,000
Design 01197-01199 105,500
S~te Acqu~s~hon 06/98-06/99 100,000
Private Uhhty Adjustments 04/99-10/99 25,000
Construchon 09/99-09/00 700,000
Conhngenc~es 01/97-09/00 154,125
Total Budgetary Cost Eshmate 1,181,625
Total Non-Programmed Costs 0
Total Programmed Costs 1,181,625
,~,~/ ~i~J~ Fundin.q Source Amount
~ wi Storm Water Uhhty Fund 1,181,625
Total Programmed F~nanc~ng 1,181,625
Future Funding Requirements 0
F~scal Year 1998-1999
I Storm Water
Item VII-L g.
- 41 -
ORDINANCES
ITEM # 4485 7
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to authorize the Ctty Manager to enter into a one (1)-year
contract wtth KPMG Peat Marwtck LLP for an independent audit of the
City of Vtrgtnta Beach; and, renew the contract, subject to
approprtattons avatlabthty, fora second and addittonal years thereafter,
not to exceed two one-year periods, subject to an tncrease tn cost for
each of those years not to exceed four percent (4%)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members gottng Nay
None
Council Members Absent
None
April 13, 1999
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT
FOR AN INDEPENDENT AUDIT OF THE
CITY OF VIRGINIA BEACH
WHEREAS, an independent audit of the City's finances at the end of each fiscal
7 year is required by the City Charter;
WHEREAS, a financial audit selection committee has prepared and distributed a
9 request for proposals ("RFP") for an independem audit of the financial statemems of the City of
10 Virginia Beach, including the School Division, for the fiscal years ending June 30, 1999, and
11 2000, respectively;
12 WHEREAS, after evaluating the proposals, the selection committee has
13 recommended KPMG Peat Marwick LLP to perform the independent audit;
14
WHEREAS, pursuant to the RFP, the School Division intends to enter into a separate
15 contract for this audit; and
16
WHEREAS, sufficiem appropriations have been provided for the City's audit in
17 the FY 99 Operating Budget.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
1. The City Manager is hereby authorized to enter into a one-year comract,
21 in a form acceptable to the City Attorney, with KPMG Peat Marwick LLP for the performance
22 of an independent annual audit of the financial statements of the City of Virginia Beach for the
23 fiscal year ending June 30, 1999, at a total cost of $84,113.
24
2. The City Manager is hereby authorized to renew the contract, subject to
25 the availability of appropriations, for a second year, at a cost of $75,310, and for additional years
26 thereafter, not to exceed two one-year periods, subject to an increase in cost for each of those
27 years not to exceed four percent (4 %).
28
Adopted by the Council of the City of Virginia Beach on the 13th day of April, 1999.
CA-7335
ORDIN\NONCODE\INDEPENDENT AUDIT ORD
APRIL 6, 1999
R3
Approved as to Content:
Approved as to Legal Sufficiency:
Attorney
Item VII-I. 10. a.
- 42 -
ORDINANCES
ITEM ii 44858
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED:
Ordinance granting operation of Open Air Cafes in the Resort Area'
a. NEW FRANCHISES
(1) Virgtnia George Company, Inc Atlantic Avenue Sidestreet Caf~
T/A Dough Boys Cahfornia Pizza 1700 Atlantic Avenue
(2)Calabrese Management Group, Inc Atlanttc Avenue &dewalk Caf~
T/A Fish Bones Restaurant 812 Atlanttc Avenue
(3) Planet Ptzza, Inc
T/A Ftsh Bones Restaurant
Atlanttc Avenue Stdestreet Caf~
812 Atlanttc Avenue
(4) Sunstations, Inc.
T/A Haagan-Days
Atlantic Avenue Sidestreet Cafd
2100 Atlanttc Avenue
(5) Leeward Princess Ann Investment
Assoctatton, LLC
T/A Marriott Courtyard
Vtrgtnta Beach Oceanfront
Boardwalk Caf~
2500 Atlanttc Avenue
(6) Loco, LLC Atlantic Avenue &destreet Caf~
T/A Luna Sea Cantina Mexacali 206 22"d Street
Voting'
11-0 (By ConsenO
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
Wdham D Sessoms, Jr and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent'
None
Aprtl 13, 1999
AN ORDINANCE GRANTING FRANCHISES FOR
THE OPERATION OF OPEN AIR CAFES IN
THE RESORT AREA (NEW FRANCHISES)
WHEREAS, the City has adopted, and incorporated into a
5 Franchise Agreement, regulations for the operation of open air
6 cafes on public property in the Resort Area;
WHEREAS, each of the following corporations/companies
8 (hereinafter referred to as "Grantees") has submitted an
9 application for the operation of an open air caf~ at the location
10 indicated, and has paid the required application fee:
11
12
13
·
Virginia George Company, Inc. T/A Dough Boys
California Pizza (1700 Atlantic Ave) Atlantic
Avenue Sidestreet Caf~
14
15
.
Calabrese Management Group, Inc. T/A Albie's Pizza
(200 21st Street) Atlantic Avenue Sidewalk Caf~
16
17
,
Planet Pizza, Inc. T/A Fish Bones Restaurant (812
Atlantic Ave) Atlantic Avenue Sidestreet Caf~
18
19
Sunsations, Inc. T/A Haagan-Dazs (2100 Atlantic
Ave) Atlantic Avenue Sidestreet Caf~
20
21
22
Leeward Princess Ann Investment Association, L.L.C.
T/A Marriott Courtyard Virginia Beach Oceanfront
(2500 Atlantic Ave) Boardwalk Caf~
23 6.
24
Loco, L.L.C. T/A Luna Sea Cantina Mexacali (206 22nd
St.) Atlantic Avenue Sidestreet Caf~
25
WHEREAS, the representations made in the applications
26 comply with the aforementioned regulations; and
27
WHEREAS, the Department of Convention and Visitor
28 Development and the Resort Advisory Commission have reviewed the
29 applications and determined that the proposed cafes will have no
30 detrimental effect on the public health, safety, welfare, or
31 interest, and will enhance the festive atmosphere in the Resort
32 Area.
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
35
1. That a franchise is hereby granted to each of the
36 above-listed Grantees to operate an open air caf~ at the address
37 indicated herein from May 1, 1999, to April 30, 2000, conditioned
38 on provision by each Grantee of an approved final site plan,
39 liability insurance coverage, a security bond, and applicable
40 franchise fee, and on compliance with all of the terms and
41 conditions of the Franchise Agreement; and
42
2. That the City Manager, or his duly authorized
43 designee, is hereby authorized to enter into a Franchise Agreement
44 with each Grantee subject to the aforementioned conditions.
45
Adopted by the Council of the City of Virginia Beach,
46 Virginia, on the 13 th day of April
, 1999.
47
48
49
50
CA- 7297
DATA/OD IN/NONCODE/FRANCHI SE. ORD
R-3
PREPARED: APRIL 2, 1999
51
52
53
54
55
APPROVED AS TO CONTENT:
C~nventio~ and- V/~sitor
Development
56
57
58
59
APPROVED AS TO LEGAL
Itetn VII-L I O. b.
- 43 -
ORDINANCES
ITEM # 44859
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED:
Ordtnance granting operatton of Open Air Cafes tn the Resort Area'
b RENEWAL FRANCHISES
(2) Fogg's Seafood Company T/A Waterman's Cafd
(3) Herrengarten, Inc **
T/A Ctttes by the Ocean
(4) Jefferson Savtngs& Loan
Associatton
T/A Howard Johnson/
Boardwalk Deh
(5) Ocean Front Snacks
T/A Ocean Isle Cafd
(6) Athena Enterprtses, Inc
T/A Ktng of the Sea Restaurant
(8) Theme Restaurants, Inc
T/A II Gtardtno Rtstorante
(9) Econo Lodge Oceanfront, Inc T/A Ftsh Bones Restaurant, Inc
**Mustc shall end by 10. O0 P.M
Vottng 11-0 (By Consent)
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W. Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Councd Members Absent
None
Aprtl 13, 1999
AN ORDINANCE GRANTING FRANCHISES FOR
THE OPERATION OF OPEN AIR CAFES IN
THE RESORT AREA (FRANCHISE RENEWALS)
WHEREAS, each of the following corporations/companies
5 (hereinafter referred to as "Grantees') has requested renewal of
6 its franchise for the operation of an open air caf~ at the location
7 indicated:
8 1.
9
Seashore Management, Ltd., T/A Hilton Inn/Laverne's
Caf~ (701 Atlantic Ave) connector Park Caf~
10
11
Fogg's Seafood Co. T/A Waterman's Caf~ (415
Atlantic Ave) Connector Park Caf~
12
13
.
Herrengarten, Inc. T/A Cities by the Ocean (4005
Atlantic Ave) Connector Park Caf~
14
15
16
Jefferson Savings & Loan Association T/A Howard
Johnson/Boardwalk Deli (1804 Atlantic Ave)
Connector Park Caf~
17
18
.
Ocean Front Snacks T/A Ocean Isle Caf~ (2417
Atlantic Ave) Boardwalk Caf~
19
20
21
.
Athena Enterprises, Inc. T/A King of the Sea
Restaurant (2614 Atlantic Ave) Atlantic Avenue
Sidestreet Caf~
22
23
,
Colonial Inn, Inc. T/A Cary's Caf~ (2809 Atlantic
Ave) Boardwalk Caf~
24
25
,
Theme Restaurants, Inc. T/A I1 Giardino Ristorante
(910 Atlantic Ave) Atlantic Avenue Sidewalk Caf~
26
27
28
·
Econo Lodge Oceanfront, Inc· T/A Fish Bones
Restaurant, Inc. (1211 Atlantic Ave) Connector Park
Caf~
29
WHEREAS, the City has developed a Franchise Agreement for
30 the regulation of open air cafes which each of the above-listed
31 Grantees will be required to execute as a condition of franchise
32 renewal; and
33
WHEREAS, based upon each Grantee's successful operation
34 of an open air caf~ pursuant to a franchise for the period May 1,
35 1994, to April 30, 1999, the Department of Convention and Visitor
36 Development has recommended a five-year renewal of the franchise of
37 each of the foregoing Grantees.
38
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
39 OF VIRGINIA BEACH, VIRGINIA:
40
1. That a Franchise is hereby granted to each of the
41 above-listed Grantees to operate an open air caf~ at the address
42 indicated herein, from May 1, 1999, to April 30, 2004, conditioned
43 on each Grantee's execution of the above-referenced Franchise
44 Agreement and compliance with the terms and conditions thereof; and
45
2. That the City Manager, or his duly authorized
46 designee, is hereby authorized to enter into a Franchise Agreement
47 with each Grantee.
48
Adopted by the Council of the City of Virginia Beach,
49 Virginia, on the 13 ~h day of ADril
, 1999.
50
51
52
53
CA-7298
DATA/ORDIN/NONCODE/FRANCHISE RENEWAL. ORD
R-2
PREPARED: APRIL 1, 1999
54
55
56
57
APPROVED AS TO CONTENT:
an~~i sitor --
Development
58
59
60
61
APPROVED AS TO LEGAL
SUFFICIENCY:
~q~epar~ment of Law
Item VII-I. l O.b.(1/7)
- 44 -
ORDINANCES
ITEM # 44860
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance granting operatton of Open Air Cafes tn the Resort Area
b. RENEWAL FRANCHISES
(1) Seashore Management, LTD
(7) Colonial Inn, Inc
T/A Htlton Inn/Laverne's Caf~
T/A C a ry's Cafd
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Vice Mayor Wtlham D
Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay
None
Counctl Members Abstatntng
Nancy K Parker
Counctl Members Absent
None
Council Lady Parker ABSTAINED, as the apphcants are chents of Parker's Pools
Aprtl 13, 1999
Item VII-I. 11
- 45 -
ORDINANCES
ITEM # 44861
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolution to appoint Kimberly R Van Essendelft to the posttton of
Assistant City Attorney, effective 24 May 1999
Voting 11-0 (By ConsenO
Councd Members Vottng Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 13, 1999
A RESOLUTION APPOINTING KIMBERLY
R.VAN ESSENDELFT TO THE POSITION OF
ASSISTANT CITY ATTORNEY
10
11
12
13
14
15
16
17
18
19
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to § 2-166 of the Code of the City of
Virginia Beach, Virginia, Kimberly R. Van Essendelft is hereby
appointed to the position of Assistant City Attorney, effective May
24, 1999.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of April
, 1999.
CA-7327
ORDIN\NONCODE~VAN ESSENDELFT. RES
R-1
PREPARED: 03/31/99
APPROVED AS TO LEGAL
SUFFICIENCY
<Iity Attorney
Item VII-I. 12a.
- 46-
ORDINANCES
ITEM # 44862
The followtng spoke tn SUPPORT:
Andrew Fehx, 1541 Beachvtew Drtve, Phone 467-4752, the apphcant
The followtng spoke tn OPPOSITION:
Brent Rowlands, Esquire, 5540 Westward Drtve, owner/shareholder- Yellow Cab, Phone 424-1145
Darnel T Cucuzza, 428 9th Street, Phone, 491-6749, owner, Prestdent- Yellow Cab
Melvin Dozter, Jr., 185 South Plaza Trail, Vtce Prestdent of Beach Taxt, Phone, 486-6585
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Hetschober, Ctty Counctl APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
New Application:
A TG, INC. T/A ANDY'S CAB COMPANY OF VIRGINIA BEACH
The Ctty Manager and Ctty Attorney shall develop tnformatton relattve the htstory of the certtficates of
convenience and necesstty , apphcable State codes and the crtterta involved tn the apphcatton process
Vottng 10-1
Counctl Members Voting Aye.
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera
E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr
and A. M "Don" Weeks
Council Members Vottng Nay.
Reba S McClanan
Counctl Members Absent
None
Aprtl 13, 1999
Item VlI-I. 12b.
-47-
ORDINANCES
ITEM ii 44863
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
Renewal Applications:
BEACH TAXI, INC.
GR 0 UND TRANSPOR TA TION SPE CIALIS TS, INC.
LAND YACHTS, LLC
LONG'S LIMOUSINE SER VICE
WEDDLE ANTIQUE LIMOUSINE SER VICE, INC.
YELLOW CAB OF VIRGINIA BEACH, INC.
Vottng 11-0 (By Consent)
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 13, 1999
Item VII-L13.
- 48 -
ORDINANCES
ITEM # 44864
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED:
License Refunds:
$14,117.31
Vottng' 11-0 (By Consent)
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Council Members Absent'
None
Aprtl 13, 1999
FORM NO C A 8 REV 3/86
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 apphcabons for hcense refunds, upon certlflcabon
of the Comm~smoner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ADVANCE STORES CO INC 06/21/05
ADVANCED LAWN CARE INC 03/05~99
ALLRED RICHARD K 1999
AMBASSADOR ENTERPRISES I NC 1999
AMF BOWLING CENTERS INC 1999
ANCHOR SIGN CORPORATION 1999
ARNHOLD MARKETING SERVICES INC 1999
BAYSIDE CARDIOLOGY PC 1999
BEACH ACCENTS LTD 1999
BERMANS THE LEATHER EXPERTS INC 1999
BIO TEC INC 1999
BULMAN BARBARA 1999
BUZZ CROWN ENTERPRISES INC 1999
CIOLAS INC 1999
CHARLES BARKER AUTO INC 1999
CHARLES BARKER INFINITI INC 1999
CIRCULATORY DIAGNOSTIC UNIT INC 1999
COMPU ZOO OF VA BEACH INC 1999
COMZAK INC 1999
CONSEPS FACILITY MANAGEMENT SYSTEM 1999
COTTRELL C 1999
DAGAN ELECTRIC CO 1999
DAVID LAWRENCE RARE COINS LLC 1999
DHL AIRWAYS INC 1999
DEAN WRITER REYNOLDS INC 1999
DELESTRE DORIS/CASTILLE MARl 05~23~97
DR J THE WALLPAPER DOCTOR LLC 03~04~99
ECOLAB INC 06/21/05
03/03/99 230 oo 0 oo 230 oo
AUDIT 16 00 0 92 16 92
03/10/99 50 00 0 00 50 00
03~04~99 50 00 0 00 50 00
03~08~99 2 00 0 00 2 00
03~05~99 50 00 0 00 50 00
03/03/99 50 00 0 00 50 00
03~05~99 50 00 0 00 50 00
03~04~99 51 00 0 00 51 00
03~03~99 50 00 0 00 50 00
03~05~99 50 00 0 00 50 00
03/01/99 10 00 0 00 10 00
03~04~99 50 00 0 00 50 00
03/01/99 50 00 0 00 50 00
03~04~99 150 00 0 00 150 00
03~04/99 150 00 0 00 150 00
03~04~99 50 00 0 00 50 00
03/10/99 50 07 0 00 50 07
03/10/99 50 00 0 00 50 00
03~04~99 50 00 0 00 50 00
03/01/99 50 00 0 00 50 00
03/01/99 50 00 0 00 50 00
03~04~99 120 00 0 00 120 00
03/02/99 13 49 0 00 13 49
03~03~99 50 00 0 00 50 00
AUDIT 10 00 1 76 11 76
AUDIT 96 66 22 86 119 52
03~03~99 50 00 50 00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totahng
C~ty of Virginia Beach on the
$1,724 76
13th
Phd,l~ J' Kell~ - - -
Comm~smoner of the Revenue
· -'~eshe't: Ldley City Attorney
were approved by the Council of the
day of April ,19 99
Ruth Hodges SmIth
C~ty Clerk
FORM NO C A 8 REV 3/88
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 apphcat~ons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ENTERPRISE MORTGAGE CORPORATION 1999
FITNESS WORKS INC 02~26~99
FRANCIS JEFFREY 02/22/99
FREDERICKS OF HOLLYWOOD STORES #170 06/21/05
GENTEK RESTRUCTURING INC 1999
GIBRALTAR SERVICES INC 1999
GRADY LOUIS 1999
GRAY D B 1999
HALL AUTO WORLD INC 1999
HOME ASSOCIATES OF VA INC 1999
INDIAN RIVER MUFFLER INC 1999
IRON AGE CORPORATION 02/26/99
K MART COP 1999
KFC NATIONAL MANAGEMENT CO 1999
KOEHLER STUDIOS IN 02/25/99
LA PETITE ACADEMY INC 1999
LES PRODUCTIONS QUAI 32-USA INC 03/03/99
M M FARMS VA BEACH LTD 1999
MANAGEMENT SYSTEMS APPLICATION 1999
MAYBEE JAMES A 03/04/99
MELTON LUANN S 1999
MEYERS & TABAKIN INC 1999
NATIONAL WHEELCAIR SPORTS FOUNDATION 03/01/99
NORFOLK WELDERS SUPPLY INC 1999
NORSTAN APPAREL SHOP INC 1999
03/03/99 50 oo 0 00 50 00
AUDIT 18 67 I 62 20 29
AUDIT 152 54 20 64 173 18
03/09/99 50 00 0 00 50 00
03/02/99 50 00 0 00 50 00
03/03/99 200 00 0 00 200 00
01/11/99 490 00 0 00 490 00
03/03/99 281 68 0 00 281 68
03/03/99 100 00 0 00 100 00
03/04/99 50 00 0 00 50 00
03/03/99 295 91 0 00 295 91
AUDIT 640 43 0 00 640 43
03~02~99 279 70 0 00 279 70
03/04/99 49 90 0 00 49 90
AUDIT 9 23 3 17 12 40
03/09/99 200 00 0 00 200 00
AUDIT 950 09 174 11 1,124 20
03/09/99 50 00 0 00 50 00
03/01/99 5 00 0 00 5 00
AUDIT 11 62 3 19 14 61
03/10/99 11 82 0 00 11 82
03/01/99 50 00 0 00 50 00
AUDIT 1,025 80 0 00 1,025 80
03/03/99 50 00 0 00 50 00
03/01/99 50 00 0 00 50 00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totahng
City of V~rgima Beach on the
$5,325 12
Ph~hp,f~ellam~ ---
Commissioner of the Revenue
eshe L Ldley
C~ty Attorney
were approved by the Council of the
day of ,19
Ruth Hodges Smith
C~ty Clerk
I
FORMNO C.,~ 8REV 3/86
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 apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
NORWEST FINANCIAL VIRGINIA INC
PETERS & WHITE CONSTRUCTION CO
PIFER TIMOTHY L
R J STOVER & SON INC
RAGLE RAELYNN MARGUERITE
RUDDS SPORTS EQUIPMENT INC
SLIPOW & ROBUSTO PC
STELLY ROBERTS B
STEPGARD SYSTEMS LTD
STERLING JEWELERS INC
STIHL INC
SYKES CARNES BOURDON ETALS
THOMAS M TYE & ASSOC LTD
TOM JAMES OF AMERICA INC
TOYS R US INC
TRIEU HUE CAM
VIOLA COMMERCIAL GROUP LLC
VIRGINIA AUDIOLOGY INC
VIRGINIA TRAILER & TRUCK BODY
VIRGINIA SEALCOAT INC
VIRGINIA VASCULAR ASSOC PC
VOLKER BONITA J
WALDEN BOOK CO INC
WARDS CO INC
WEATHERFORD ROOFING INC
WEDEMAN ENTERPRISES INC
WHEELER ANGELINA
1999 03/01/99 50 oo 0 oo 50 oo
1999 03/01/99 50 oo 0 oo 50 oo
02~24~99 AUDIT 59 92 16 47 76 39
1999 03/10/99 50 00 0 00 50 00
1999 03/08~99 10 00 0 00 10 00
02~23~99 AUDIT 277 24 35 60 312 84
1999 03~09~99 50 00 0 00 50 00
1999 03~03~99 200 00 0 00 200 00
1999 03/04/99 50 00 0 00 50 00
1999 03/05/99 100 00 0 00 100 00
1999 03~02/99 50 00 0 00 50 00
1999 03/05/99 50 00 0 00 50 00
1999 03~05~99 50 00 0 00 50 00
1999 03/09/99 50 00 0 00 50 00
1999 03/03/99 100 00 0 00 100 00
03/05/99 AUDIT 3 57 0 00 3 57
06/21/05 03/03/99 73 30 0 00 73 30
1999 03/01/99 115 76 0 00 115 76
02/23/99 AUDIT 3,482 79 290 11 3,772 90
06/21/05 03~05~99 50 00 0 00 50 00
1999 03/05/99 50 00 0 00 50 00
02/22/99 AUDIT 18 00 0 83 18 83
06/21/05 03/04/99 200 00 0 00 200 00
1999 03/03/99 50 00 0 00 50 00
1999 03/01/99 50 00 0 00 50 00
02/23/99 AUDIT 150 24 38 80 189 04
03/01/99 AUDIT 24 00 0 00 24 00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totahng
C~ty of V~rg~nia Beach on the
$5,846 63
Certified a_s to paymen_~ ~
Phlhp J' l~ellam- "' -
Commissioner of the Revenue
Approved as to form
Leshe L Ldley
City Attorney
were approved by the Council of the
day of ,19
Ruth Hodges Smith
C~ty Clerk
I
FORM NO C A 8 REV 3/86
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 apphcabons for hcense refunds, upon cert~hcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
WOULLARD DONZELL
2NDS IN BUILDING MATERIALS INC
3108 ATLANTIC AVENUE LLC
02/22/99 AUDIT 19 08 5 24 24 32
02/26/99 AUDIT 852 66 0 92 853 58
02~23~99 AUDIT 342 90 0 00 342 90
Th~s ordinance shall be effective from date of
adopbon
The above abatement(s) totaling
C~ty of Virginia Beach on the
$1,220 80
Certified as to paym~t _
Phlh~)"~ Kelran~ - --
Commissioner of the Revenue
Approved as to form
E~she L Ldley
C~ty Attorney
were approved by the Council of the
day of ,19
Ruth Hodges Smith
C~ty Clerk
Item VII-d.
- 49-
PUBLIC HEARING
ITEM # 4486.$
PLANNING
Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on.
PLANNING
1. LADM ASSOCIATES, LLC, A VIRGINIA
LIMITED LIABILITY COMPANY, LENA SANCILIO
AND CONTRA CTOR 'S PA VING COMPANY, INC.
STREET CLOSURE
2. THE FRANCISCUS COMPANY
AMENDMENT TO THE
GREENR UNLAND USE PLAN
3. DONALD BERGER
CONDITIONAL USE PERMIT
4. TIDEWA TER IMPOR TS, INC.
CONDITIONAL USE PERMIT
5.SPRING BRANCH COMMUNITY CHURCH
CONDITIONAL USE PERMIT
6. SAINT AIDENS EPISCOPAL CHUR CH
CONDITIONAL USE PERMIT
7. CITY OF VIRGINIA BEACH
CONDITIONAL USE PERMIT
8. Z-1 COMMERCIAL PROPERTIES, LLC.
CONDITIONAL CHANGE OF
ZONING
Apt'ti 13, 1999
Item VII-J
PUBLIC HEARING
PLANNING
- 50-
ITEM # 44866
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl APPROVED in one
motion Items 1, 2, 3, 5, 6, 7 and 8 of the PLANNING BY CONSENT
Voting' 11-0
Councd Members Vottng Aye.
Linwood O. Branch, III, Margaret L. Eure, William W. Harrtson, Jr.,
Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D
Sessoms, Jr and A. M. "Don" Weeks
Councd Members Voting Nay:
None
Council Members Absent:
None
Vtce Mayor Sessoms ABSTAINED on ttem VII-J 1 as hts bank does business wtth the apphcant.
ApHl13,1999
Item VII-J. 1
PUBLIC HEARING
PLANNING
- 51 -
ITEM # 44867
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd AUTHORIZED
FINAL APPRO VAL of the Ordtnance upon application of LADM ASSOCIATES, LLC, a Virgtnia Ltmtted
Liabihty Company, LENA SANCILIO and CONTRACTOR'S PAVING COMPANY, INC., for the
dtscontinuance, closure and abandonment of a portton of Avenue E'
Apphcatton of LADM Assoctates, L.L C, a Vtrgtnta L~mtted Liability
Company, Lena Sanctho and Contractor's Paving Company, Inc for the
dtscontinuance, closure and abandonment of aportion of Avenue E begtnntng
at a point 337 93 feet south of Bonney Road and runmng tn a southerly
directton a &stance of 899.85 feet to the northern boundary of the Vtrgtnia
Beach-Norfolk Expressway. Satd parcel contatns 30,094 square feet
L YNNHA VEN BOROUGH.
Voting: 10-0 (By Consent)
Council Members Voting Aye'
John A. Baum, Ltnwood O. Branch, III, Wilham W. Harrison, Jr, HaroM
Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor
Meyera E Oberndor~, Nancy K Parker and Loutsa M Strayhorn
Council Members Voting Nay:
None
Counctl Members Abstatning.
Vice Mayor William D. Sessoms, Jr.
Council Members Absent'
None
Vtce Mayor Sessoms ABSTAINED as his bank does business with the apphcant.
April 13, 1999
ORDINANCE NO
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH,
KNOWN AS AVENUE E, AS SHOWN ON THAT
CERTAIN PLAT ENTITLED, "RESUBDIVISION
OF PARCEL A AND PARCEL B EAST
NORFOLK (M B 260, P. 24-26) (M B 261, P 97-
99) AND LOT 14 AND LOT 15, BLOCK 3, AND
A PORTION OF AVENUE E, MAP OF EAST
NORFOLK (MB. 3, P 125), (MB 4, P 191),
KEMPSVILLE 8,: LYNNHAVEN BOROUGHS,
VIRGINIA BEACH, VIRGINIA," WHICH PLAT
IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been given by LADM
Associates, L L.C., a Vlrglma hmlted habfllty company, Lena Sanciho and Contractors Paving
Company, Incorporated, a Virginia corporation, that they would make application to the Council
of the City of Virginia Beach, Virginia, on October 27, 1998, to have the hereinafter described
street discontinued, closed, and vacated, and
WHEREAS, it is the judgment of the Council that the applicants have satisfied all
conditions precedent to the discontinuance, closure and vacation of such street, including without
limitation the grant of a right-of-way to Virginia Power for the location, operation, maintenance
and repair of utility facilities within the portion of Avenue E to be closed; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated,
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that
the hereinafter described street be discontinued, closed, and vacated
Beginning at a pin at the southeast comer of Lot 13 as shown on the Map
of East Norfolk, recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia (formerly Princess Anne County) in Map
Book 3, at page 125, and Map Book 4, at page 191, which said pin is the
point of beginning; thence N 84° 5' 17" E 50 10 feet to a point, thence S
07° 14' 49" E 699 26 feet to a pin, thence S 66° 37' 03" W 26 83 feet to a
pin, thence N 07° 11' 28" W 207 66 feet to a pin in pavement, thence S
84° 05' 17" W 27.01 feet to a pin; thence N 07° 11' 28" W 499.64 feet to
the point of beginning.
Said parcel of land designated as "Portion of Avenue E" as indicated on that
certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this
ordinance, and is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of
Virginia Beach as Grantor.
Adopted: April 13, 1999
GPIN# 1487-33-
19315
APPROVED AS TO
LEGAL SUFFICIENCY
-2-
Z
LADM ASSOC., LLC, A VA LTD.
LIABILITY CO., LENA SANCILIO AND
(I)NTRACrOR, S PAVIng] CO., INC.
CO~TRACTORS PAVING CO., INC,
~IvOIc~ NO. DATE ...... DEaI~fUFTION" ' I"~OIC~ AMOuNT .... ~)l~lUl~'r ' NET AM~UI~
120298 12/02/98 FEES ASSOCIATED WITH CLOSURE $12,940.00 $12,940.
OF AVENUE "E"
PLEASE DETACH BEFORE DEPOSITING
CONTRACTORS PAVING CO., INC.
P O. Box 62817, Virginia Beach, VA 23462
{757) 340-1161
029936
68-7
Wachovi& Bank, N.A. ~
D^~ I 12/02/98 I C~C~"° I 02993,
AMOIII~
PAY TWELVE THOUSAND NINE HUNDRED FORTY DOLLARS AND ZERO CENTS
$12,940.~
TO
THE
ORDER
OF
[--
~TREASURER, CITY OF VIRGINIA BEACH
VIRGINIA BEACH, VA
l
"'o2qq3F-,"' 1:OSI[,OO?OIl:
v - ~-IORIZED SIGNATUI~:~
OqOO 5 5h~[, 2,'
DISCLOSURE STATEMENT
Date
NAME(S) OF APPLICANT(S)
LADM Associates, L.L.C, a Virginia lunited liability company
Lena Sancfllo
Contractor's Paving Company, Incorporated
NAME(S) OF ALL OWNERS (if different from applicant)'
None
TYPE OF APPLICATION
Rezonmg from
Conditional Use Permit for
Street Closure .X
Subdivision Variance
tO
TO BE COMPLETED BY OR FOR THE APPLICANT.
1 If the applicant is a corporation, list the officers of the corporation:
Contractor's Paving Company, Incorporated
Robert C. Teets, President
Joyce A Sawyer, Secretary
Edward J Manley, Assistant Secretary
If the applicant is a partnership, finn or other unincorporated
organization, list all members or parmers in the organization:
LADM Associates L L C
Lena Sancfl~o
Lawrence A Sancfllo
Rosemane Robertson
Marie Tucker
Edward Belglovlne
Angela Nonm
Deborah Nonm
Delores Whitley_
Dena Whitley
TO BE COMPLETED BY OR FOR THE OWNER 0f different from
applicant)
1 If the owner ~s a corporation, list the officers of the corporation:
2 If the owner is a partnership, finn or other unincorporated organization
list all members or partners in the orgamzation.
Lawrence A Sancfllo, Managing Partner
of LADM Associates, L L C
Lena Sancil~o
Robert C Teets, President
of Contractor's Paving Company, Incorporated
- 52 -
Ite~ VII-J.Z
PUBLIC HEARING
ITEM # 44868
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED the
Ordinance upon application of THE FRANCISCUS COMPANY for an Amendment to The Green Run Land
Use Plan to allow an automobile servtce station tn conjunctton wtth a convenience store'
ORDINANCE UPON APPLICATION OF THE FRANCISCUS COMPANY
FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO
ALLO WAN A UTOMOBILE SER VICE STA TION IN CONJUNCTION WITH
A CONVENIENCE STORE Z04991129
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of The Franctscus Company for an Amendment
to The Green Run Land Use Plan to allow an automobile service station in
conjunctton wtth a conventence store at the Northeast corner of Lynnhaven
Parkway and Windmill Point Crescent. Satd parcel contatns 1.663 acres.
ROSE HALL - DISTRICT 3
The following con&tions shall be requtred.
The project shall be developed tn accordance with the site plan
entitled "Gas Pumps and Convenience Store on Parcel CM-1,
Green Run for Metropolitan Foods, Inc. ", dated23 February 1999,
and prepared by Engineering Services
.
The buil&ng and sign shah be constructed tn accordance wtth the
color rendertngs and elevattons on file wtth the Planmng
Department The budding and sign shah be constructed tn
accordance with the color and budding materials hst on ftle wtth
the Planntng Department
The project shah be developed in accordance with the Court Order
entered 6 July 1992 and on file wtth the Planning Department
except where landscaping shown on the plan exceeds the
requtrements of the Court Order.
All landscaping and required fencing shall be installed in
accordance with the Site Plan Or&nance and the Zoning
Ordinance. The Category lVlandscapmg, shown on theplan, shall
be installed on the restdual stte at the time of development of the
gas station.
.
The convenience store shall be constructed of brick on the front
and both stdes and shall be constructed of spht face CMU on the
rear of the building.
A subdivtstonplat creating the subjectparcels and required cross-
access easements shall be recorded prior to the release of the
approved stte plans for this project The required plat shah also
indicate the location of the fifteen foot (15') Category IV buffer on
the residual 3.19 acre parcel (CM-2) and the reqmred rtght-of-way
dedication for the turn lane
A roof simdar to the hip roofproposedfor the convemence store,
shall be tncorporated tnto the construction of the gas island
canopy.
The applicant's consultant shaH submtt a copy of the revised Green
Run Land Use Plan which tnchcates the change tn the land use plan
from commercial use to "Servtce Statton" A copy of the land use plan ts
on file with the Development Servtces Center
9 The apphcatton ts approved for stx (6) gas pumps only
Aprtl 13, 1999
- 52 -
Item VII-J.2.
PUBLIC HEARING
ITEM # 44868
PLANNING
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED the
Ordinance upon application of THE FRANCISCUS COMPANY for an Amendment to The Green Run Land
Use Plan to allow an automobtle servtce station tn conjunctton with a conventence store
O~INANCE UPON APPLICATION OF THE FRANCISCUS COMPANY
FOR AN AMENDMENT TO THE GREEN R UN LAND USE PLAN TO
ALLO WAN A UTOMOBILE SER VICE STATION IN CONJUNCTION WITH
A CONVENIENCE STORE Z04991129
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of The Franciscus Company for an Amendment
to The Green Run Land Use Plan to allow an automobile servtce station in
conjunction with a conventence store at the Northeast corner of Lynnhaven
Parkway and WtndmtH Potnt Crescent. Said parcel contatns 1.663 acres
ROSE HALL - DISTRICT 3
The following condittons shah be requtred
The project shall be developed tn accordance with the site plan
entitled "Gas Pumps and Convenience Store on Parcel CM-1,
Green Run for Metropolitan Foods, Inc. ", dated 23 February 1999,
and prepared by Engtneering Services
The building and sign shall be constructed tn accordance with the
color rendertngs and elevattons on file with the Planning
Department. The building and stgn shah be constructed in
accordance with the color and budding materials list on file wtth
the Planning Department.
The project shah be developed in accordance with the Court Order
entered 6 July 1992 and on file with the Planning Department
except where landscaping shown on the plan exceeds the
requtrements of the Court Order
All landscaping and required fencing shah be installed in
accordance with the Site Plan Ordinance and the Zoning
Ordtnance The Category lV landscaping, shown on theplan, shah
be installed on the restdual site at the time of development of the
gas station.
The convenience store shall be constructed of brick on the front
and both sides and shah be constructed of split face CMU on the
rear of the building
A subdivision plat creating the subjectparcels and reqmred cross-
access easements shah be recorded prior to the release of the
approved stte plansfor this project The requtred plat shah also
tndicate the location of thej~fteen foot (15') Category IV buffer on
the restdual 3.19 acre parcel (CM-2) and the required right-of-way
dedicatton for the turn lane.
A roof, simdar to the hip roofproposedfor the convenience store,
shah be incorporated tnto the construction of the gas tsland
canopy
The applicant's consultant shah submit a copy of the revtsed Green
Run Land Use Plan which in&cates the change in the land use plan
from commercial use to "Servtce Station "A copy of the land use plan ts
on file with the Development Services Center
9 The apphcatton ts approved for stx (6) gas pumps only
ApHI13,1999
- 52 -
Item VII-d.2.
PUBLIC HEARING
ITEM # 44868
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon apphcation of THE FRANCISCUS COMPANY for an Amendment to The Green Run Land
Use Plan to allow an automobile service station tn conjunction with a convenience store.
ORDINANCE UPON APPLICATION OF THE FRANCISCUS COMPANY
FOR AN AMENDMENT TO THE GREEN R UN LAND USE PLAN TO
ALL 0 WAN A UTOMOBILE SER VICE STATION IN CONJUNCTION WITH
A CONVENIENCE STORE Z04991129
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of The Franctscus Company for an Amendment
to The Green Run Land Use Plan to allow an automobile service station in
conjunction with a convenience store at the Northeast corner of Lynnhaven
Parkway and Windmill Point Crescent. Said parcel contains 1 663 acres
ROSE HALL - DISTRICT 3
The following con&ttons shah be required'
The project shall be developed tn accordance with the site plan
entitled "Gas Pumps and Convemence Store on Parcel CM-1,
Green Run for Metropohtan Foods, Inc. ", dated 23 February 1999,
and prepared by Engineermg Services
,
The bud&ng and sign shah be constructed tn accordance with the
color renderings and elevations on file with the Planmng
Department. The budding and sign shall be constructed in
accordance with the color and butl&ng materials hst on file with
the Planmng Department
The project shah be developed tn accordance with the Court Order
entered 6 July 1992 and on file with the Planmng Department
except where landscaping shown on the plan exceeds the
requirements of the Court Order.
All landscaping and required fencing shall be installed in
accordance with the Site Plan Ordinance and the Zomng
Or&nance The Category lV landscaptng, shown on theplan, shall
be installed on the residual site at the time of development of the
gas statton
The convenience store shah be constructed of brick on the front
and both sides and shall be constructed of split face CMU on the
rear of the butl&ng.
A sub&vtsionplat creating the subjectparcels and required cross-
access easements shah be recorded prior to the release of the
approved site plans for this project The requtred plat shah also
tn&cate the location of the fifteen foot (15') Category IV buffer on
the residual 3.19 acre parcel (CM-2) and the required right-of-way
de&cation for the turn lane.
A roof, similar to the hip roofproposedfor the convemence store,
shah be incorporated into the construction of the gas island
canopy
.
The applicant's consultant shah submit a copy of the revised Green
Run Land Use Plan which tn&cates the change in the land use plan
from commercial use to "Service Station "A copy of the land use plan is
on file with the Development Services Center
9 The apphcatton is approved for six (6) gas pumps only
April 13, 1999
Item VII-J. 2.
PUBLIC HEARING
PLANNING
- 53 -
ITEM # 44868 (Continued)
Th~s Ordinance shall be effective in accordance wtth Sectton 107 09 of the Zoning Ordtnance.
Adopted by the Council of the City of Virginia Beach, Vtrgtnia, on the Thtrteenth of Aprtl, Nineteen Hundred
and Ntne_ty-Ntne
Voting 11-0 (By ConsenO
Councd Members Voting Aye.
Ltnwood O. Branch, III, Margaret L. Eure, Wdham W. Harrtson, Jr, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor Wilham D. Sessoms,
Jr and A M. "Don" Weeks
Council Members Voting Nay:
None
Councd Members Absent:
None
Aprt113, 1999
Item VII-J 3
- 54-
PUBLIC HEARING
ITEM # 44869
PLANNING
Upon motton by Hce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED an
Ordmance upon apphcatton of DONALD BERGER for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF DONALD BERGER FOR A
CONDITIONAL USE PERMITFOR INDOOR RECREATION (BILLIARDS)
R04992262
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Donald Berger for a Condtttonal Use Permtt
for indoor recreation (btlhards) on the north side of Pembroke Boulevard,
west of Independence Boulevard. Satd parcel ts located at 4616 Pembroke
Boulevard and contams 1 35 acres LYNNHA VEN- DISTRICT 5
The followtng conditions shall be requtred
1 The extsttng twenty-four-foot (24') tall, two hundred stxteen (216)
square foot free-standtng stgn shall be removed from the stte
2 The apphcant shah work wtth staff to meet requirements of the
Parktng Lot and Foundatton Landscaptng Ordtnance
Thts Ordinance shah be effective tn accordance with Sectton 107 09 of the Zontng Ordinance
Adopted by the Counctl of the Ctty of Vtrginta Beach, Vtrgtnta, on the Thtrteenth of Aprtl, Ntneteen Hundred
and Nme~-Nme
Voting: 11-0 (By ConsenO
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr, Harold
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D Sessoms,
Jr and A. M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent'
None
Aprtl 13, 1999
Item VII-J 4.
PUBLIC HEARING
- 55 -
ITEM # 448 70
PLANNING
Billy Garrington, 471 Southside Road, represented the applicant
A MOTION was made by Vice Mayor Sessoms, seconded by Councilman Branch, to ADOPT an Ordinance
upon application of TIDEWATER IMPORTS, INC. for a Conditional Use Permtt for motor vehicle
sales and service
A SUBSTITUTE MOTION was made by Council Lady Parker, seconded by Councd Lady McClanan to
DEFER two weeks until the City Council Session of Aprtl 2 7, 1999, and discuss ehmination of one of the free-
standing signs.
Voting:
5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Barbara M. Henley, Reba S McClanan, Mayor Meyera E. Oberndorf
Nancy K Parker and A M. "Don" Weeks'
Council Members Voting Nay:
Linwood O. Branch, III, Margaret L. Eure William W. Harrison, Jr, Louts
R. Jones and Vtce Mayor Wtlliam D. Sessoms, Jr.
Council Members Abstaining:
Harold Heischober
Council Members Absent'
None
Councilman Hetschober ABSTAINED as he has a financtal relationship wtth the applicant, Kenneth A Hall.
April 13, 1999
Item VII-J 4
PUBLIC HEARING
- 56-
ITEM # 44870 (Continued)
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Or&nance upon apphcatton of TIDEWATER IMPORTS, INC. for a Condtttonal Use Permit
O~INANCE UPONAPPLICA TION OF TIDEWATER IMPORTS, INC FOR
A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALE AND
SER VICE R04992263
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Ttdewater Imports, Inc, for a Condtttonal
Use Permtt for a motor vehtcle sales &servtce at the northeast corenr of
Holland Road and Dtana Lee Drtve Satd parcel ts located at 3496 Holland
Road and contatns 4 218 acres DISTRICT 3 - ROSE HALL
The followtng conchttons shall be requtred
1 All landscaptng shall be tnstalled as requtred tn the zomng and stte
plan ordmances
A fifteen-foot (15') buffer shall be requtred at the rear of the
property adjacent to the proposed new development A sohd wood
fence shall be tnstalled on the tnstde border of the buffer and
Category IV landscaptng shall be installed wtthtn the buffer
3 The extsttng outdoor loudspeakerpagtng system shall be removed
and no new outdoor loudspeaker pagtng system shall be permttted
This Or&nance shall be effective tn accordance with Section 107 09 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrteenth of Aprtl, Ntneteen Hundred
and Ntnety-Ntne
Vottng 9-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf Nancy K
Parker, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Abstatntng
Harold Hetschober
Counctl Members Absent
None
Counctlman Hetschober ABSTAINED as he has a financtal relattonshtp wtth the apphcant, Kenneth A Hall
ApnlI3, 1999
Item VII-J5
-57-
PUBLIC HEARING
ITEM # 448 71
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED an
Ordtnance upon apphcatton of SPRING BRANCH COMMUNITY CHURCH for a Condtttonal Use Permtt
ORDINANCE UPON APPLICA TION OF SPRING BRANCH COMMUNITY
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R04992264
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcation of Sprtng Branch Commumty Church for a
Condttional Use Permtt for a church on the east stde of Great Neck Road,
north of Harbor Lane Satd parcel ts located at 1510 Great Neck Road and
contatns 9 250 acres L YNNHA VEN- DISTRICT 5
The following conditton shall be requtred
Theproject must be developed tn accordance with the stteplan and
rendertngs presented to the Planmng Commtsston on 10 March
1999 and on file tn the Department of Planmng
This Or&nance shall be effecttve tn accordance with Sectton 107 09 of the Zontng Ordtnance
Adopted by the Council of the City of Vtrgtnta Beach, Vtrgtnta, on the Thtrteenth of Aprtl, Ntneteen Hundred
and Ntne_ty-Ntne
Vottng 11-0 (By ConsenO
Counctl Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrtson, Jr, Harold
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms,
Jr and A M "Don" Weeks
Council Members Voting Nay
None
Councd Members Absent
None
Apnll3, 1999
- 58-
Item VII-J 6
PUBLIC HEARING
ITEM # 448 72
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED an
Or&nance upon apphcatton of SAINT AIDENS EPISCOPAL CHURCH for a Condtttonal Use Permit
ORDINANCE UPON APPLICATION OF SAINT AIDENS EPISCOPAL
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R04992265
BE IT HE. BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Satnt Atdens Episcopal Church for a
Condmonal Use Permtt for a church at the Southwest corner of E&nburgh
Drtve and Kmgs Grant Road Satdparcel ts located at 3201 Edinburgh Drive
and contains 3 566 acres LYNNHA VEN- DISTRICT5
The following con&ttons shall be requtred
1 Theparking lot must be re-hned to show two (2) hanchcap parktng
spaces that meet the Amerwan Dtsabdtt~es Act requirements
The expansion shall substanttally adhere to the submttted
archttectural plans entttled, "Master Plan Drawings for St AMen's
Episcopal Church, "by Barnes Destgn Group, undated, and match
the extsttng structure tn destgn, color and matertals
The proposed church expanston shall substantially adhere to the
revtsed stte plan, entttled, "Satnt Arden's, Con&ttonal Use
Permtt," by W. P Large, Inc, dated 10 March 1999 The revtsed
plan ehmtnates the future addttton and parktng shown on the
ortgtnal plan
Thts Ordtnance shall be effecttve in accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgima Beach, Vtrgtnta, on the Thtrteenth of Aprd, Nineteen Hundred
and Ntnety-Ntne
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye'
Ltnwood O Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms,
Jr and A M "Don" Weeks
Council Members Voting Nay.
None
Councd Members Absent
None
Aprtl 13, 1999
- 59-
Item VII-J 7
PUBLIC HEARING
ITEM # 44873
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED an
Ordmance upon apphcatton of CITY OF VIRGINIA BEACH for a Condtnonal Use Permtt
ORDINANCE UPON APPLICA TION OF THE CITY OF VIRGINIA BEA CH
FOR A CONDITIONAL USE PERMITFOR A COMMERCIAL/MUNICIPAL
PARKING LOT R04992266
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of the Ctty of Vtrgtnta Beach for a Conchotnal
Use Permtt for a commerctal/muntctpal parktng lot at the northeast of
Atlantic Avenue and 30th Street Said parcel ss located at 3003 Atlantic
Avenue and contatns 1 03 acres BEACH - DISTRICT 6
The followmg conchttons shall be requtred
Hours of operatton for the parktngfacthty shall be hmtted to 8 O0
AM to Mtdntght A stgn must be posted stattng the ttme a car must
be removed
The proposed commerctal parktng lot shall have an tmproved
surface, whtch shall constst of stx-mch (6") aggregate or such
other surface as may be approved by the Ctty Engmeer
The proposed commerctal parktng lot shall be completely enclosed,
except at potnts of tngress and egress, by a spht-ratl fence or other
fence meettng the requtrements for fences set forth tn the Ctty
Landscaptng, Screenmg and Buffertng Standards and
Specifications, or by landscapmg meetmg the requirements of the
Ctty's Parktng Lot Landscaptng Spectficattons and Standards
pertatntng to perimeter screentng, or shall be dehneated at the
perimeter thereof, by wheel stops Such fencmg and landscaptng
shall at all ttmes be matntatned tn good condttton and repatr
The proposed commerctal parktng lot shall be secured at all potnts
of mgress and egress by a metal chatn or gate, except dunng hours
of operations
The proposed commercial parktng lot shall contatn no less than
one (1) trash receptacle, platnly vtsible and marked as such, for
every three thousand, five hundred (3,500) square feet of lot area
or fraction thereof
6 The proposed commerctal parking lot shall have upon the
premtses, dunng all hours of operatton, at least one attendant
The proposed commercial parktng lot shall be matntatned tn a
clean and orderly conchtton at all times All trash receptacles shall
be emptted and the contents thereof properly chsposed of at the
close of operatton datly and at such other ttmes as receptacles
become full
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zoning Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Thtrteenth of Aprtl, Ntneteen Hundred
and Nmet_¥-Ntne
Apnl 13, 1999
Item VII-J. 7.
PUBLIC HEARING
ITEM # 448 73 (Continued)
PLANNING
~ttng:
11-0 (By ConsenO
Counctl Members Voting Aye:
Ltnwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor
Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr and A. M "Don" Weeks
Council Members Voting Nay:
None
Councd Members Absent
None
Aprd 13, 1999
Item VII-J 8
- 61 -
PUBLIC HEARING
ITEM # 448 74
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED an
Ordmance upon apphcatton of Z-1 COMMERCIAL PROPERTIES, LLC, fora Conchttonal Change of Zonmg
Dtstrtct Classtficatton
ORDINANCE UPONAPPLICA TION OF Z-1 COMMERCIAL PROPERTIES,
LLC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-1 TO CONDITIONAL B-2 Z04991130
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Z-1 Commerctal Properttes, LLC for a
Condtttonal Change of Zontng Distrtct Classtficatton from I-1 Ltght
Industrial District to Conditional B-2 Communtt¥ Bustness District on
certatn property located at the northeast tntersectton of In&an Rtver Road
and Mthtary Highway The proposed zoning classtfication change to
Condtttonal B-2 ts for bustness commerctal land use The Comprehenstve
Plan recommends use of this parcel for busmess parks, offices, and
employment support uses that are tn accordance wtth other Plan pohctes
Satd parcels are located at 820, 830 & 840 South Mthary Htghway and at
6404 In&an Rtver Road and contatn 4 2 acres more or less DISTRICT 1 -
CENTER VILLE
The followtng conchttons shall be requtred
The property shall be developed substanttally tn accordance with
that certain stte plan entitled, "Proposed Eckerd, Prehmtnary &te
Plan," dated January 1999, prepared by Ktmley-Horn and
Assoctates, Inc (the "&te Plan "), a copy of whtch Stte Plan has
been exhtbtted to the Ctty Counctl and ts on file in the Planntng
Department
The applicant shall install and matntain on the property
landscaptng substanttally tn accordance wtth the plan entttled,
"Proposed Eckerd, Prehmtnary Stte Plan, "dated January 1999,
prepared by Kimley-Horn and Assoctates, Inc (the "Stte Plan "),
a copy of whtch Landscape Plan has been exhtbtted to the Ctty
Counctl and ts on file tn the Planntng Department.
The apphcant will construct a stx-foot (6') sohd wooden fence runntng
between In&an River Road and Alexandria Avenue on the property
destgnated on the Site Plan as "Parcel A ", tn order to provtde further
screentng between Parcel A and the restdenttal property to the East
SubJect to the approval of the Vtrgtnta Beach Board of Zomng Appeals,
the fence shah be constructed tn the locatton depicted on the Landscape
Plan If the Vtrgtnta Beach Board ofZonmg Appeals does not approve the
locatton of the fence proposed on the Landscape Plan, the apphcant wtll
construct the fence tn a location that does not require a variance from the
Vtrgtnta Beach Board of Zontng Appeals and ts the most suitable potnt
between the Easternmost landscape buffer shown on the Landscape Plan
and the Eastern curb of the drtve atsle traverstng Parcel A
The exterior architectural destgn, wtndow placement, butldtng matertals
and colors of the primary building on Parcel A shall be the same as the
exterior design, window placement, materials and colors deptcted on the
rendering entttled, "Eckerd Drug Store, Eckerd Store No 8331R, Mthtary
Htghway at Indtan Rtver Road, I/trgtnta Beach, I/trgtnta," dated 26
March 1999, prepared by Lyman Davtdson Dooley, Inc (the
"Rendering"), a copy of which Rendermg has been exhtbtted to the City
Council by the Grantee and ts on file tn the Planning Department
Aprtl 13, 1999
Item VII-J 8
PUBLIC HEARING
PLANNING
ITEM # 448 74
and,
When developed, the property destgnated on the Stte Plan as "Parcel B"
shall be developed subject to the following restncttons
Any freestan&ng stgn on Parcel B shall be a
monument-style stgn rather than a pylon-style stgn
Apphcant shall tnstall and maintain on Parcel B a
landscape buffer between Parcel B and the right-of-
way of Mthtary Htghway wtth the same width and
spacmg and comparable spectes of landscape
matertals as the landscape buffer between Parcel A
and the right-of-way of Mthtary Htghway
Applicant shall screen the heattng, ventilatton and
att conchttontng equipment servtng the buildings on
Parcel B from vtew from Mthtary Htghway
The primary colors of external building matertals
used on Parcel B (exclu&ng roof and accent
features) shall be earth tones so that they comport
generally wtth the prtmary colors of the butldmg on
Parcel A
REVISED, as to the followmg
Paragraph Four of the proffer agreement has been revtsed to state
that wtndow placement on the extertor of the Eckerd butldtng wtll
be as shown on the revised rendermg This wdl provtde for a more
attracttve butldtng face on Mtlitary Htghway and ts a postttve
change.
The site plan has been revtsed to provide that the drtve atsle
traverstng the East stde of Parcel A will permtt only one-way,
Northbound traffic behtnd the Eckerd butldtng Two-way traffic
wtll be permitted roughly from the Northern wall of the Eckerd
butldtng to Alexandria Avenue This change wtll ehmtnate several
of the on-stte traffic ctrculatton conflicts generated by the prevtous
plan and ts acceptable
The site plan was revised to show chrecttonal arrows tn the drtve
aisle on Parcel A, closest to Mthtary Highway, to tn&cate the route
that should be followed from the Mthtary Htghway entrance to the
drtve-through wtndow Thts addttton helps improve on-stte
ctrculatton and ts acceptable.
A notation has been added to the stte plan tndtcattng that
dumpsters wtll be enclosed by block walls on three stdes, wtth sohd
wooden gates on the fourth stde Thzs ad&tton ts an attempt to
allevtate concerns regardtng the appearance of the dumpsters from
Mthtary Highway It should be noted, however, that the enclosure
ts requtred by Code and that lan&cape screemng on any portton
of the dumpster visible from a pubhc roadway ts reqmred The
plant matertal will be requtred durtng detatled stte plan review
The landscape plan has been amended to show ad&ttonal trees on
Parcel A tn the buffer area on Mthtary Highway, tn order to
further screen loachng acttvtttes from vtew This ts a postttve
addition to the plan that helps address aesthetic concerns
Aprtl 13, 1999
Item VII-J. 8
PUBLIC HEARING
PLANNING
ITEM # 44874 (Continued)
This Ordinance shah be effecttve tn accordance with Section 107 (/) of the Zomng Ordinance
Adopted by the Council of the City of Virgtnia Beach, Virgtma, on the Thirteenth of Aprtl, Ntneteen Hundred
and Ninety-Ntne
Voting:
11-0 (By ConsenO
Council Members Voting Aye'
Ltnwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay.
None
Councd Members Absent:
None
Aprtl 13, 1999
Item VII-K 1
- 64 -
APPOINTMENTS
ITEM # 448 75
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Richard S. Foster
3 Year Term
06/01/99 - 05/31/02
MEDICAL COLLEGE OF HAMPTON ROADS
Vottng 11-0
Council Members Voting Aye
Ltnwood O Branch, III, Margaret L Eure, }Vtlham W. Harrison, Jr, HaroM
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms,
Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 13, 1999
Item VII-K. 2.
APPOINTMENTS
ITEM # 448 76
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Leroy M. C. Butler
Edward L. Hamm, Jr.
Helen V. Preti
Sylvia N. Primm
Shewling M. Wong
( Two-year
( Terms
( 06/01/99
( thru
( 05/31/01
MINORITY BUSINESS CO UNCIL
Voting 11-0
Councd Members Vottng Aye'
Linwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Willtam D Sessoms,
Jr. and A M "Don" Weeks
Council Members Voting Nay:
None
Councd Members Absent
None
Aprd 13, 1999
- 66-
Item VII-M 1.
NE W BUSINESS
ADD-ON
ITEM # 44877
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED:
Ordtnance to authortze acqutsttton of property/easements for constructton of
a pump statton at 16th Street re Beach eroston control/hurrtcane protectton
by agreement or condemnatton (Trade Winds Hotel)
Voting. 11-0
Counctl Members Vottng Aye
Ltnwood O Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Harold
Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms,
Jr and A M "Don" Weeks
Council Members Vottng Nay
None
Counctl Members Absent
None
April 13, 1999
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY FOR CONSTRUCTION OF THE BEACH EROSION
CONTROL AND HURRICANE PROTECTION PROJECT (CIP 9-
704) AND THE ACQUISITION OF TEMPORARY
CONSTRUCTION EASEMENT, EITHER BY AGREEMENT OR
CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia,
public necessity exists for the construction of a storm water pump station at 16th Street as part of
9 the Beach Erosion Control and Hurricane Protection Project, and for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the welfare of the people in the City of
Virginia Beach:
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
Section 1. That the City Council authorizes the acquisition by purchase or
3. 5 condemnation pursuant to Sections 15.2-1901, et se.q., Code of Virginia of 1950, as amended, of all
that certain property, including the hotel building and temporary construction easement as shown
3.7 on the plan entitled "PHYSICAL SURVEY OF TRADE WINDS HOTEL #1601 ATLANTIC
AVENUE, Revised 4/13/99", and attached herewith as Exhibit A.
19
Section 2. That the City Manager is hereby authorized to make or cause to be made
2 0 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to
21 the owners or persons having an interest in said lands. If refused, the City Attorney is hereby
2 2 authorized to institute proceedings to condemn said property.
23
Adopted by the Council of the City of Virginia Beach, Virginia, on the i3th day
24 of April ,1999.
- 67-
Item VI-N.
ADJOURNMENT
ITEM # 448 78
Mayor Meyera E. Oberndorf DECLARED the City Council Meettng ADJOURNED at 4:00 P.M.
Beverly O. Hooks, CMC/AAE
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
City of Virgima Beach
Virgtnta
~4pril 13, 1999