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Home My WebLink AboutMARCH 9, 1993 MINUTESCityo uf virgirZi~ F3~~~1~ "WORLD'S LARGEST RESORT CITY" ~ I"R' COt'~CIL \.fa}()R 1fE.YERA E OBERNDORF At I.irgc l7C F NAYOK lL'ILLIA:19 D SESSOMS JR At Largc ~o~i~ ~ K~~~ti~ Blackwatn Bo+ough L 1\ll U~U O BR-L\CH 1I1 l'ng~nw Bea~h Bo.wgh J 1.~1F5 U BR-IZIER JR Lvnniiav~n Bo•ough !lc)BLRT l1 C L7BU2'~' Kempsi ille Bo~nugh K0I3ERT K DEAI` Pnnres~ Anne Borough I nC IS R ~Oti'ES Ba~ade Borough ~ 1f'/ ~ L4NTE/GtiE PunRo BmouRh ~~)H'~ D 'vfOSS Ar Large ~-11;C} h P~FUCER r1t La~ge ~~4G~r11A BFA~,~ ~cc s~~ Li ~ ~~.~ ~~ ~~ ~~~ ~~ •- ~ ~~.1~ a * ~ - __ _~-y 'r' ~- , o ~ ~x ~_ ~ , ~ 9,P~s " ~ _~ OF,C~\ S ~F OUR NA~~~N 28I CITY' H4LL BUILDING ,.~"ts k SPOKE Gh Manager CITY COUNCIL AGENDA '~1UNIC1Nr1L CENTER II SLIC L LILLE} Gtv Attu+ne~ VIFGINIA BEACH VIRGINIA 23456 9005 Kl7 H H(1DGLS SM1ITN CMC .1AE Gt• Cleik 1804i 42i 4303 MARCH 9, 1993 I. CITY MANAGER'S BRIEFINGS - Council Chamber - 11:00 AM A. RIGHTSIZING COVERNMENT STUDY AND PRODUCTIVITY ENHANCEMENT STRATEGIES David Grochmal, Director, General Services B. LONG-TERM HOUSING AND NEIGHBORHOOD STRATEGY Andrew Friedman, Acting Director, Housing and Neighborhood Preservation Department C. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION PAST / PRESENT / FUTURE Mary Kay Horoszewski, Executive Director D. CABLE TELEVISION / ENHANCED CITIZEN COMMUNICATION Gwen Cowart, Director, Video Services E. CABLE TELEVISION / COUNCIL MEETINC GUIDE Gwen Cowart, Director, Video Services F. ANNUAL REPORT VIDEOTAPE Gwen Cowart, Director, Video Services II. INFORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend T. E. Thieman, D.D. Pastor - Retired 12:30 PM 2:00 PM 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 - March 2, 1993 G. PRESENTATION 1. SOUTHEASTERN EXPRESSWAY Robert J. Scott, Director, Planning H. RESOLUTION 1. Resolution approving issuance of Industrial Development Revenue Bonds by the Development Authority to Contractors Paving Co., Inc. in an amount not to exceed $1,700,000 to assist the Company in acquiring, constructing and equipping a facility for the manufacture of asphalt and related products at 121 Chestnut Street; and, directing the City Manager submit an application to the Virginja Department of Housing and Community Development requesting an allocation of $1,700,000 pursuant to Title i 5.1, Chapter 33.2 of the Code of Virginia of 1950, as amended, with respect to the issuance of the Bonds. I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the City Manager to pursue the necessary requirements for the issuance of refunding bonds in an amount not to exceed $160-Million to refund the Outstanding Bonds and pay costs and expenses in connection with such refunding; file an application with the State Council on Local Debt for approval as required by Section 15.1-227.46 of the Code of Virginia of 1950, as amended; and, request proposal from underwriters for the purchase of Bonds through negotiation. 2. Resolution approving the location and major design features re Virginia Department of Transportation's (VDO~ Route 44/Birdneck Road Interchange project. 3. Resolutions requesting the Virginia Department of Transportation (VDO~ program fi.inding and provide project administration for: a. Evaluation and retiming of approximately one hundred fifty-one (151) traffic slgnals ($250,000 100% federal funding). b. Construction of approximately 5.0 miles of computerized traffic signal interconnect cable along seven (7) roadways; and, upgrade traffic signal equipment at nine (9) intersections ($300,000 100% federal funding). 4. Ordinance authorizing Tax Refunds in the amount of $4,590.00. J. PUBLIC HEARING 1. PLANNING a. Petition of WHITT G. SESSOMS 111 for the discontinuance. closure and ~bandonment of a portion of a fifteen (15~-foot allex on the North side of Croatan Road, 100 feet East of Atlantic Avenue and lying adjacent to Lots 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach, containing 2250 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL b. Application of MR. AND MRS. JOHN DOYLE for an enlargement of a non-conforming use of a single-family unit at 420 Linkhorn Drive, #4, in the R-2.5 Resid~ntial Townhouse District, containing 1.71 acres (VIRGINIA BEACH BOROUCH). Staff Recommendation: APPROVAL c. Application of STANLEY F. SCOTT for the conversion of a non-conforming use to wholesale sandwich preparation/distribution and clothing manufacturing at the Southeast corner of Cypress Avenue and 10th Street (636 10th Street) in the RT-3 Resort Tourist District, containing 11,979 square feet (VIRGINIA BEACH BOROUGH). Staff Recommendation: DENIAL d. Applications of LAKE RIDGE ASSOCIATES in Transition Area I(PRINCESS ANNE BOROUGH): (1) CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATIONS: (a) B-2 Community Business District to H-1 Hotel Distric# 350 feet Southwest of Princess Anne Road beginning at a point 4600 feet more or less Southeast of Landstown Road, containing 15 acres. (b) B-2 Community Business District to P-1 Preservation District, containing 32.4 acres: PARCEL 1: Beginning at a point 4150 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 5100 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 3: Beginning at a point 5700 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. PARCEL 4: Beginning at a point 6050 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. PARCEL 5: Beginning at a point 6600 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. (c) B-2 Communitv Business District to O-2 Office Qistrict, containing 41.3 acres: PARCEL 1: Northeast side of Princess Anne Road beginning at a point 4500 feet more or less Southeast of the intersection of Princess Anne Road and Landstown Road Extended. pARCEL 2: 4500 feet more or less Southeast of Landstown Road Extended beginning at a point 350 feet Southwest of Princess Anne Road. PARCEL 3: Beginning at a point 3410 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. (d) B-2 Community 6usiness District to R-10 Residential District, containing 68.1 acres: PARCEL 1: Beginning at a point 4400 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 4910 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. (e) H-1 Hotel District to O-2 Office District 4120 feet more or less Southeast of the intersection of Princess Anne Road and Landstown Road, containing 9.8 acres. (fl H-1 Hotel District to R-10 Residential District 4900 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road, containing 5.2 acres. (g) O-2 Office District to B-2 Communitv Business District, containing 167 acres: PARCEL 1: Beginning at a point 1100 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 2: Beginning at a point 2700 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. (h) 0-2 Office District to P-1 Preservation District, containing 90 acres: pARCEL 1: Beginning at a point 3350 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 2: Beginning at a point 4300 feet more or less South of the intersection of Landstown Road and Princess Anne Road. PARCEL 3: Beginning at a point 3210 feet more or less South of the intersection of Landstown Road and Princess Anne Road. PARCEL 4: Beginning at a point 3750 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 5: Beginning at a point 4950 feet more or less Southeast of the intersection of Landstown Road and Princess Anne Road. PARCEL 6: Beginning at a point 5500 feet Northwest of the intersection of North Landing Road and West Neck Road. (i) 0-2 Office District to R-10 Residential District, containing 125.9 acres: PARCEL 1: Beginning at a point 4500 feet more or less North of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 2650 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 3: Beginning at a point 3500 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 4: Beginning at a point 3300 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 5: Beginning at a point 3200 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. PARCEL 6: Beginning at a point 3900 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 7: Beginning at a point 3450 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 8: Beginning at a point 4930 feet more or less South of the intersection of Landstown Road and Princess Anne Road. PARCEL 9: Beginning at a point 5100 feet more or less Northwest of the intersection of North Landing Road and West Neck Road. (j) P-1 Preservation District to O-2 ~ffice District, containing 47.1 acres: PARCEL 1: Beginning at a point 3100 feet more or less Northeast of the Intersection of Landstown Road and Salem Road. PARCEL 2: East side of Landstown Road beginning at a point 2950 feet Southwest of the intersection of Landstown Road and Princess Anne Road. (k) P-1 Preservation District to R-10 Residential District, containing 61.9 acres: PARCEL 1: Beginning at a point 3950 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 3200 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 3: Beginning at a point 2300 feet more or less Northeast of the intersection of Landstown Road and Sa1em Road. (I) R-10 Residential District to O-2 Office District, containing 10.7 acres: PARCEL 1: Beginning at a point 2200 feet more or less Northwest of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 2650 feet more or less Northeast of the intersection of Landstown Road and Salem Road. PARCEL 3: Beginning at a point 3770 feet more or less Northeast of the intersection of Landstown Road and Salem Road. (m) R-10 Residential District to P-1 Preservation District, containing 20.2 acres: PARCEL 1: Beginning at a point 4500 feet Northeast of the intersection of Landstown Road and Salem Road. PARCEL 2: Beginning at a point 3300 feet more or less Southwest of the intersection of Landstown Road and Princess Anne Road. (2) CONDITIONAL USE PERMIT for a golf course on certain parcels beginning at a point 5450 feet more or less Northwest of the Intersection of North Landing Road and West Neck Road, containing 170.7 acres. Recommendation: APPROVE ALL APPLICATIONS K. APPOINTMENTS DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS L. UNFINISHED BUSINESS M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution requesting the General Assembly enact legislation providing toll relief to parents who reside on the Eastern Shore and who must use the Chesapeake Bay Bridge Tunnel to visit children hospitalized in Virginia Beach and neighboring Cities in the Hampton Roads Area. (Sponsored by Mayor Meyera E. Oberndorf and Vice Mayor W. D. Sessoms, Jr.) b. Resolution requesting the Commonwealth Transportation Board and the Virginia Department of Transportation (VDO~ cause installation re noise abatement measures on Route 44 for the benefit of residents in the Subdivision of Pocahontas Village. (Sponsored by Mayor Meyera E. Oberndorf and Councilman Robert W. Clyburn) c. Resolution requesting the United States Congress AMEND the Tenth Amendment and Article Five of the United States Constitution in order to restore balance in the Federal System. (Sponsored by Vice Mayor W. D. Sessoms, Jr.) d. Ordinance to AMEND and REORDAIN Chapter 23 of the Code of the City of Virginia Beach, Virginia, by ADDING Section 23-61 re movie arcades. (Sponsored by Councilman Louis R. Jones) N. ADJOURNMENT ********** CITY COUNCIL RESCHEDULED April 6, 1993, Formal Session to April 20, 1993, at 2:00 PM ********** SCHEDULE FY 1993-1994 OPERATING BUDCET TUESDAY, MARCH 30, 1993 12:00 NOON (City Council Special Session) Council Chamber THURSDAY, APRIL 15, 1993 7:00 PM **PUBLIC HEARING** Green Run High School THURSDAY, MAY 4, 1993 7:00 PM **PUBUC HEARING** Council Chamber ********** If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 3/4/93m1m AGENDA\3-9-93.PLN ~~' ~ ~ U ~# `~' ~~~ Gr ~, Z ~ a .- - *~ _ ~, ,,, 4 ~UR NA~M M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 9, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the YIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 9, 1993, at 11:00 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~lliam D. Sessoms, Jr. Council Members Absent: Linwood O. Brancl~ III (ENTERED: 11:18 A.M.) -2- CITY MANAGER'S BRIEFINGS RIGHTSIZING GOVERNMENT STUDY .4ND PRODUCTIVITY ENHANCEMENT STRATEGIES 11:00 A.M. ITEM #36579 The City Manager introduced David G. Grochmal, Director of General Services, who advised City Council, during its August 22, 1992 workshop identified many goal areas on which it desired to focus. Included in those goals were "Productivity Enhancement" and Downsizing ". In examining these two goals, one can also identify related terms, such as "restructuring ", "rightsi,zing" and "reinventing ", all of which convey changing attitudes toward the role of government and reflect the basic values of a wholesale transformation of the organiaation. This City has already embarked on certain traditional accomplishments toward the goal of "rightsizing ": hiring freezes, the Five-Year Budget Forecast, which takes a long term view of the fiscal problems of the City, prioriti,zation of services, policy targets increased use of technology, contracting, temporary employment in lieu of hiring permanent employees, utilization of more volunteers and the sheriff's work force. W. Edwards Deming asserts that "if you downsi,ze, you are cutting costs but you are not fixing up fundamental problems ". More significantly, an organization needs to do things differently. In other words, private and public enterprises need to "bust their paradigms ". The citizen's demand on local government for the delivery of quality services is no different than the wake-up-call being received by American businesses. The environment may be different, but local government faces the same chullenges that the private sector faces, how to improve quality, how to report meaningful cost data and how to enhance the bottom line. The following concepts are inherent in this approach: 1. Start with a mission 2. Set priorities 3. Reduce the number of organizational layers 4. "Bust" your paradigms S. Eliminate non-essential work 6. Emphasize problem prevention 7. Focus on "qualily and customer service" 8. Focus on results 9. Long-term approach 10. Leadership and communication The City organization's mission is: Our City organization exists to enhance the economic, social and physical quality of the community, while providing municipal services effectively, efficiently, and equitably. Based on a review of ef,~'orts of other cities, the concepts of quality management, a review of publications of the International Ciry Management Association and the Innovation Groups, the transformation for the City of Vrginia Beach should be called "Productivity and Quality Improvement" to reflect the various goals identified by City Council. The City of Vrginia Beach is quickly becoming recognized as a leader in improvement quality and productivity as evidenced by being selected as a finalist for the U.S. Senate Productivity Award for Vrginia. March 9, 1993 -3- CITY MANAGER'S BRIEFINGS RIGHTSIZING GOVERNMENT STUDY AND PRODUCTIVITY ENHANCEMENT STRATEGIES ITEM # 36579 (Con#nued) A report was distributed to City Council which includes the following: Those concepts inherent to organi,zational improvement. A list of the 776 productivity and rightsi,zing initiatives made in the organization and those initiatives planned during 1993. Four (4) speci~c policy initiatives that the organization should undertake which will sustain quality and productivity over the long term. The Quality Management Strategic Plan outlines an approach for further improvements that was personally detailed by the City Manager on October 16, 1992, to the full upper and middle management staff. SUMMARY OF QUALITY MANAGEMENT STRATEGIC PLAN 1. Demonstrate organiaational commitment to Quality Management Practices. 2. Create a discipline of knowledge of the concepts, principles, and theory of Quality Management. 3. Increase visibility of Quality Efforts. 4. Provide support systems within the organization for the Quality Process. Based on the Quality Management Strategic Plan, the following four policy initiatives are recommended: Establish a "No-Lay-Off " Policy Establish a Gainsharing Program Training Measure Results March 9, 1993 -4- CI T Y MANAGER'S BRIEFINGS LONGTERM HOUSING AND NEIGHBORHOOD STRATEGY 11:40 A.M. ITEM #36580 The City Manager advised Andrew Friedman, Acting Director - Housing and Neighborhood Preservation Depariment, was out of town due to a family illness. An outline of the presentation will be distributed to Members of City Council. Mr. Friedman will furnish a status report in July and a finished product in August. The City Manager advised a key component of Housing and Neighborhood Strategy is reflected in the previous report concerning ineasuring results. The Housing Survey of approximately three years ago needs to be updated and tied into the new census data. Housing and Neighborhood Preservation hopes to begin in the very near future updating and resurveying the community. March 9, 1993 -S- CITY MANAGER'S BRIEFINGS VIRGINIA BEACH COMMUNITY DEYELOPMENT CORPORATION PAST/PRESENT/FUTURE 11:45 A.M. ITEM # 36581 Charles Reynolds, Chairman - Vrginia Beach Community Development Corporation, advised the Vrginia Beach City Council appointed the Vrginia Beach Community Developneent Corporation Baard of Directors in 1985. Their mission was to assist the City in their efforts to revitalize the City's TARGET neighborhoods and to develop housing programs that would address the needs of the low and moderate income families within the City of Vrginia Beach. The VBCDC was also charged with the goal of providing funding for the organiaation from 6oth private and public sources to enhance the financial support the Ciry had commi#ed to the organization. The Vrginia Beach Community Developircent Corporation provides three (3) very important programs: Affordable Home Ownership Program Affordable Rental Housing Program Intensive Support Services Program The YBCDC has provided both new single family homes and rehabilitated existing vacant properties for first time home buyers. The most unique aspect of the organization is the support servic•es that the City provides for the rental housing families. These services include direct financial assistance i.e, day care, educational, transportation and utility assistance. Individual and family counseling services are provided that assist the families in becoming productive, ef j`'ective family units. To date, there are three (3) families who were once residents of homeless shelters, who are now homeowners. There are four (4) families who are now homeowners who once lived in subsidized housing. The VBCDC has become a versatile organization. The staff provides mortgage loan screening, construction and rehabilitation, rental property management and counselling. Additionally the Operations Depariment includes three (3) maintenance staff persons who provide routine and preventative maintenance for rental properties, as~ well as making many of the major repairs. The maintenance staff also provides some of the rehabilitatic~n of foreclosed properties that are resold to low and moderate income families. A request was made to VDHDA for approximately $1-MILLION for permanent financing; however only $240,000 was received. In speaking with one of the senior lending officers of the local banks, there is a possibility since interest rates are so low, a part of the additional funds necessary (approximately $750,0000) might be secured from the private/ public corporation. Mr. Reynolds introduced Mary Kay Horoszewski, Ezecutive Director, Vrginia Beach Community Development Corporation. Mrs. Horoszewski, through the utiluation of slides, illustrated the aspects of the VBDCC and the future goals. Essentially, the VBCDC provides home ownership to j'irst time home buyers and this is accomplished by building new homes (small developments) which are sold to low and moderate income families. New homes are also provided for individuals who own property within the TARGET neighborhood. Depicting FY 1992-93 Local Funding, by the end of this fiscal year, the VBCDC will have purchased homes for fcfteen (lS) first time home buyers, increased the number of rental units by twenty-six (26) and will commence inspections in the SEATACK community. The VBCDC will be managing and maintaining 77 rental units by the end of the year and thus providing support services for approximately 91 families or 225 individuals. Approximately 29°Io of the VBCDC's budget is contributed by the City with 42% being direct Federal and State grants to the corporation, and 29% of various types of private financing. For every dollar provided locally this year, the VBCDC has been able to leverage this year approximately $2.46 in outside sources. March 9, 1993 -6- CITY MANAGER'S BRIEFINGS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION PAST/PRESENT/FUTURE ITEM # 36581 (Continued) Mrs. Horoszewski displayed the slide depicting the Proposed FY 93-94 Local Funding. Home ownership will 6e increased, providing homes for thirty-six (36) families, twelve of whom will be relocating from the Burton Station neighborhood. The rental houses will be increased by forty-two (42) thus VBCDC will be managing 119 housing units and providing services for 133 families or 333 individuals. For every $1. DO of local funds, $3. 87 is leveraged. SO% - Federal /State Funds 30% - Private Funds l2% - CDBG Funds 8% - Home Funds The VBCDC began its rental housing programs in 1987. All of these units are rented to low and very- low income families. A large number of these families were previously homeless. The major distinction between the City's Department of Housing and Neighborhood Preservation is the VBCDC provides homes which are sold to first time home buyers and rehabilitation services for both owner occupied and rental housing. The Department of Housing and Neighborhood Preservation provides infrastructure, demolition and construction activities within the TARGET neighborhoods for individuals whose property is unable to be rehabilitated. Mrs. Horoszewski referenced the YBCDC distribution of contributing funds 1986 through FY 92-93 totaling approximately $11-MILLION. Sixty-one percent (61 %) has been private financing. In 1988, the VBCDC received their first nationally competitive Transitional Housing Grant from federal McKinney Act Funds. The grant enabled the VBCDC to purchase four foreclosed properties, which are serving up to eight families. The grant also provides for YBCDC staff and supportive services for the residents. In 1989, the VBCDC again received a nationally competitive Transitional Housing Grant under the federal McKinney Act Funds. This grant enabled the YBCDC to purchase an additional two government foreclosures, which are serving up to four (4) families. This grant also provides for staff, supportive services, and transportation assistance. In 1990, the VBCDC received their third Transition Housing Grant from HUD'S McKinney Act Funds. The VBCDC was the only organization to receive funding in the Commonwealth of Virginia. The 1990 grant provided funds enabling the VBCDC to purchase six more government owned townhouses serving up to twelve (12) homeless families. In 1991, the VBCDC received an unprecedented fourth nationally competitive Transitional Housing Grant under the McKinney Act Funds. The 1991 Grant provided funds for the purchase of seven condominium units. Additional funds provide for staff, supportive services, child care assistance and health care assistance. For all of the homes that the VBCDC purchased under the Transitional Housing Grants, the McKinney Funds have provided a minimum of 50% of the purchase prices. The remainder of the purchase prices have been mortgaged 6y the VBCDC. Mrs. Horoszewski advised the num6er of foreclosures purchased will be increased over the next year. Thirty-nine (39) homes have been provided for first time home buyers. Slides reflecting different types of homes built by VBCDC were displayed in Gracetown, Mill Diam, Newsome Farms (7 homes) and Newlight (l6 homes). Ten foreclosures were purchased last year with a line of credit from Central Fidelity Ban~ A slide depicted a home in The Lakes, which was one of twenty (20) purchased from the Federal Home Loan Bank who provided a$1.1-MILLION loan at a 5% interest rate. Two counsellors on the staff of the YBCDC provide both individual and family counselling service. The following members of the VBCDC were also in attendance: Alfred W. Craft, ~lliam J. Fanney, Flora M. Haynie, Mason M. Moton and Dr. Ronald Proctor. March 9, 1993 -7- CITY MANAGER'S BRIEFINGS C,ABLE TELEYISION/ENHANCED CITIZEN COMMUNICATION 4:20 P.M. ITEM # 36582 The Cable Television/Enhanced Citizen Communication Brie~ng was presented at the end of the Formal Session; however, an electric black out interrupted the slide presentation at 4: 30 P.M. Therefore, the three presentations will be RESCHEDULED: CABLE TELEYISION / ENHANCED CITIZEN COMMUNICATION CABLE TELEVISION / COUNCIL MEETING GUIDE ANNUAL REPORT VIDEOTAPE March 9, 1993 -8- ITEM #36583 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesaiay, March 9, 1993, at 12:28 P.M. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 -9- ITEM #36584 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Vrginia, as amende~ for the following purposes: PERSONNEL MA7TERS: Discussion or consideration of or interviews of prospective candidates for employmen~ assignment, appoinhnent, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-~t: Appoinhnents - Boards and Commissions: Development Authority Francis Land House Board of Governors Performance Evaluations: Council Appointees I~EGAL MA7TERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A)(7). To-Wit: Reapportionment Upon motion by Yce Mayor Sessoms, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Mem6ers Absent: None March 9, 1993 -10- FORMAL SESION VIRGINIA BEACH CITY COUNCIL March 9, 1993 2: 00 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, March 9, 1993 at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION.• Reverend T. E. Thieman Pastor - Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 9, 1993 -11 - CERTIFICATION OF EXECUTIVE SESSION ITEM #~6585 Upon motion by Yce Mayor Sessoms, seconded by Councilman Brazier, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public 6usiness matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certiftcation resolution applies; AND, Only such public business matters as were identified in the motion convening the Ezecutive Session were heard, discussed or considered by Vrginia Beach City Council. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor W:lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 ~' Y~• 1 ~~I ~r V~ . _, ,~ .....,, . c~ _ ~r ~ ~~ 0``' °~ oun nnt~°~s t_ ~~ ~ 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 # 36584, Page No. 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executzve Ses:~ion was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Bedch Clty Councll hereby certifies that, to the best of each member's knowledge, (a) only public buslness matters lawfully exempted from Open Meeting requlrements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only sucli public business matters as were identlfied in the motion convening thls Executlve Sesslon were heard, discussed or considered by Virglnia Beach City Councll. " .--_ Ruth Hodges Smith, CMC/AAE City Clerk March 9, 1)93 -12- MINUTES ITEM #36586 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 2, 1993. Yoting: 10-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Mem6ers A6staining: Nancy K Parker Council Members Absent: None Council Lady Parker ABSTAINED as she was not in attendance during the City Council Session of March 2, 1993, 6ut was out of the City. March 9, 1993 -13- ANNOUNCEMENT ADD-ON ITEM #36587 Delegate Leo C. Wardrup, sponsored by Councilman Louis Jones, expressed appreciation to City Council on behalf of ten (10) civic league organi,zations for their assistance in correcting a tax inequity. On December 1 S, 1992, City Council ADOPTED Resolutions supporting legislation designating certain civic leagues as being granted real and personal property state and local tax exemption. Delegate Wardrup patroned House Bill 1384, which formalized the request in the General Assembly. Significantly, the Sub Committee, which reviewed these requests and the applications were very favorably impressed by the procedures used by the City of Vrginia Beach. Legislation was presented this year, which would cause this particular application process to be used throughout the Commonwealth of Vrginia. House Bill 1384 was rolled into a unanimous tax relief ineasure and passed both the House and Senate in the closing days of Session and is currenfly on the Governor's desk for signature. March 9, 1993 -14- SOUTHEASTERN EXPRESSWAY ITEM #36588 Robert J. Scott, Director of Planning, advised last August a meeting was held between the Regional Administrators and the Federal Highway Administration, the Environmental Protection A,gency, the District Engineer for the Army Corps of Engineers, the Commissioner of the Vrginia Department of Transportation, and other federal state and local officials. The purpose of the meeting was to seek opportunities to resolve the issues, which surrounded the advancement of a 22-mile facility known as the Southeastern Expressway. For nearly a decade, officials in the Cities of Vrginia Beach und Chesapeake had been exploring approaches to address the transportation needs in this part of the region. However, further advancement of the project seemed unlikely due to serious environmental concerns expressed by the resource agencies. One of the outcomes of that August meeting was the formation of an interagency Working Group composed of representatives from the affected Federal agencies, VDOT and the local governments, including the metropolitan planning organiZation. For nearly 6 months, the Working Group has met to try to reach a consensus on many of the key issues impacting this project. Mayor Oberndorf wished to correct a mistake in the minutes relative the Working Group. Mayor Oberndorf advised she was not a part of the Working Group and did not initiate same. The City Manager represented the City at the Meeting. It was not a question of elected officials speaking with each other. Mr. Scott introduced a representative group from the Study Committee: Robert Matthias Intergovernmental Relations Director Dale Castellow Traf~c Engineer Allen Masuda District Engineer - Federal Highway Administration Barb~ara DeAngelo Chief - Wetland Protection Section Environmental Protection Agency Dwight Farmer Director of Transportation Planning District Commission Art Collins Executive Director Planning District Commission Nick Konchuba Supervisor, Environmental Scientist U,S. Army Corps of Engineers Chris M. Lloyd Vice President - Maguire Associates, Inc. March 9, 1993 -15- Item III-G.2. SOUTHEASTERN EXPRESSWAY ITEM #36588 (Continued) Allen Masuda, District Engineer, Federal Highway Administration, advised one of the first issues addressed by the Worlring Group was the purpose and need for the project. The group was able to identify a number of important needs in this region and articulate those in a consensus statement. With this as a foundation, the group then worked to identify a project concept which met the mobility needs of the regiory provided strong incentives for multi-modal solutions and placed priority on protecting and preserving sensitive environmental resources. Mr. Scott distri6uted copies of the SUMMARY REPORT OF PROGRESS containing the Statement of Purpose, the Project Concept, Consensus Statement and Preferred Alignment. Said statements are hereby made a part of the record. The need for the Southeastern Expressway can best be viewed in the context of the past growth of this entire area. Yrginia Beach in 1970 was a City of 172, 000, by 1980 to 260, 000, and by 1990 to 393, 000. In the decade between 1980 and 1990, the City added to its population a City about equal to the City of Hampton. Vrginia Beach is connected to the rest of the world by three major corridors: Northampton Boulevard Toll Road Route 44 Indian River Road Corridor Kempsville is at the tip of a' funnel " through which all traffic exiting Vrginia Beach by two of those main corridors must travel. This is an extreme disadvantage to those residents of this particular portion of the City. One out of every 450 Americans lives in either Vrginia Beach or Chesapeake. The proposed thirty-nine routes analyzed all had either extreme environmental, or extreme hurrian impacts associated with their alignment. Recognizing the problem, it appears that an additional east-west travel capacity is needed as a part of a bro~ad ntulti-modal approach to transportation issues in the rapidly developing cenfrul portion of the Cities of Vrginia Beach and Chesapeake. The purpose of this multi-modal approach is to serve the growing transportation demand in this area, while being sensitive to natural resources, particulariy wetlands. One of the most unique aspects of this multi-modal concept is its commitment to move us• away from our dependency on the single-occupant vehicle (SOT~, as our primary mode of transportat~on for all trips. This concept includes: A facility with suf~cient traf~c lanes open to all vehicles Provide for HOY lanes that will be available for carpools and buses during peak hours of demand Park and Ride loxs supporting the facility and its HOV lanes Express bus service with facilitated access to the HOV lanes Support area transit networks and transfer points to encourage use of this express bus service Cooperative ef~'orts with area employers that encourage carpooling, vanpooling and shuttle busses and discourage SOV usage If the facility is toll fcnanced, allow HOYs and transit vehicles to travel at reduced rates or without incentive to HOY vehicles and a disincentive to SOV For seasonal visitors, expand shuttle bus service to the resort areas from park and ride lots Incorporate IVHS technology into the design and operation of the facility Sufficient ROW to accommodate future mass transit and support facilities such as stations Consideration of providing bike and hiking activities along the project Assure continuity of existing recreational corridors and other such facilities March 9, 1993 -r6- Item III-G.2. SOUTHEASTERN EXPRESSWAY ITEM #36588 (Continued) Barbara DeAngelo, Chief - Wetland Protection Section, Environmental Protection Agency, advised the environmental concerns. W:th the information available, the Working Group reached a consensus on an alignment that, coupled with the measures discusse~ better 6alances the social, economic, environmental and transportation needs in this region. The alignment utilizes portions of the BE-4 alignment analyzed in the Draft Environmental Impact Statement. Modifications have occurred in the area of Stumpy Lake, Elbow Raad and West Neck Creek. The alignment begins at the intersection of I-64 and I-464 in (:hesapeake and heads on a southerly direction parallel to Great Bridge Boulevard. It passes north of the intersection of Butts Station Road and Centerville Turnpike, skirts south of Stumpy Lake and proceeds in an eastward direction to the connection with Route 44 east of the Oceana Naval Air Station. In the area of Stumpy Lake, the alignment utilizes as much of Elbow Road, as possible and provides for interchanges at Centerville Turnpike and Indian River Ro~ad. Incorporated in this concept is the bridging of Gum Swamp adjacent to the spillway for Stumpy Lake. The concept includes a shift from the BE-4 aligninent in the area of West Neck Creek to avoid the fragmentation of a sensitive wetland area. A great deal of work remains to be done including the development of the appropriate environmental docurreents, the solicitation of the public's comments on these ideas, and the future development of the project's features, particularly the mitigation plan. Even with these remaining activities, significant progress has been made to date. Mr. Masuda advised a similar briefing would be presented to the Chesapeake City Council this evening, March 9, 1993. March 9, 1993 -17- Item III-H.1. RESOLUTION ITL~M #36589 Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution approving issuance of Industrial Development Revenue Bonds by the Developrr~ent Authority to Contractors Paving Co., Inc. in an amount not to exceed $1, 700, 000 to assist the Company in acquiring, constructing and equipping a facility for the manufacture of asphalt and related products at 121 Chestnut Street; ana~ directing the City Manager submit an application to the Vrginia Department of Housing and Comrriunity Development requesting an allocation of $1, 700, 000 pursuant to Title I5.1, Chapter 33.2 of the Code of Vrginia of 1950, as amendec~ with respect to the issuance of the Bonds. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Ro6ert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 --~ ---- ---- -- ~ ~ - ~ 11/5/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FI~tANCING DATE: February 16, 1993 T0: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NP,~~lE : CONTRACTORS PAVING CO ., INC . PROJECT TYPE OF FACILITY: ASPHALT MANUFACTURING PLANT 1. Max imum amount of f inancing sought $ 1~ 700, 000. 00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ - o - 3. Estimated real property tax per year using present tax rates $ - ~ - 4. Estimated personal property tax per year using present tax rates $ 8,500 5. Estimated merchants' capital (business Iicense) tax per year using present tax rates $ 17, loo 6. Estimated dollar value per year of goods and services that will be purchased local ly $ 4, 000 , 000 7. Estimated number of regular employees on year round basis $ 110 8. Average annual salary per employee $ 24,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. ~' City of ~7irginia Beach Development Authority _ ~u~ BY ~~-t I-ti ~~ ~ ~ f 4'~•~'~-~ Chairman ~ ' • "`` - r.. . ' . . ~ ECO?lOMIC INPIICT •. _ • FOR BOt1D ALLOCI~TIOi~i REVI EW , ~ • ' 4 ~ . ' , • ~ ~ ,s~. ' ~ • . . • ~ • . . ~~ .•~ . . .• : . . . . . . ~ J , ~, . . ' ~ . - ~ ~ ~ • • I ~ • i. ~ • . ~ • ..1~,-~ /' ~ _ ', _`••.Ll ~` ' ~~ . S ,~• ~ ~ ~/~ • ~ G~-, { •~ ~ ' . ~...Y.i~r.~~~~•'~~I~•~~.~' ~. :•'~.`5~~~~~. . -~..~~~f.l t~ Cconomic Impact Statement 1 . ~nounl: ~F inv~stment $ ~ ,7~,~400•00 2. AmounL- of industrial revenue bond financing sought $ 1,700,000 3. rsti~na~ed taxabl~ value of the facility's real property to be constructed in the City oL Virgi~lia Beacl~ $ 1,700,OOU.00 4. Es~imated real property tax per year using present tax r.ale $ NONE 5. Estimated personal property tax $ 8,500.00 6. ~conomic imp~ct statement c3einonstratinq the overall return to the city: A. Number of new jobs ~~_ B. Payroll generated $~600 wk Av. Wage $ 1.00/hr C. Nurnber oL jv~s retainzd 100 D, Payroll retained $ 6 000 wk Av. Wage $ 9.()0/hr E. Estimate oF the value of goods and servi ces purchased within the geographic boundary of Virgin ia Beach by type (inventory, machinery, professional services, ~ insurance, motor vehicles, etc.): Type Value Stone & Liquid Asphalt $ 3,000,000 riachinery ~~ 100,000 Professional Service $ 70,000 Insurance $ 437,000 Motor Vehicles 20,000 TOTA L $ ~F627.000 r. Cstima~~c~ building permit Fee and ol-.her municipal ~e~s S 2,000 G. Es t imated cons t ruct ion payroll $ 35 L000 _ II. Estimared value of construction material to be purchas~d within the City o~ Virc~ini~ I3~ach $ 3,000 I. Estimated number of construcl-ion jobs 5 ,7. 11r1y oL-her items wl~ich the applicanL- Feels the Auth~rity should be made aware of in evaluating tl~e pro~eet ~~-~ ro'ect the a~Plicant would not be able to be compe~ive an ma to re oca~e to a different municipality. 7. Is the sit~ currently zoned for the speciEic use being proposed For industrial revenue bond Financing? Yes x No 8. Has a bond purchas~ agreement/commitment been accepted by the appl icaiit? ( attach a copy) Yes No x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes No X 10. Location of project (attach location map) 121 Chestnut Street, Virginia Beach, VA 23462 ~ 11. Explanation of alterna~ive financing that has been reviewed for projeet conventional bank financing I h~reby cer~iFy that the inFormation stated in the above I;c<~~1~n~LC I~n~~~zc~ Sl-.at.~in~nt is accural-e and true in all respects. CONTRACTORS PAVING CO., INC. ~'G L / L President ~Applicant) ~ubscrib~d aiid sworn L-o befor~ me tfiis ~~~ ~ day o ~' 1~ , ~x~~~ 1993. ~ _~` ' -, ' ' . ~ ~ '` ~ ~ \ `~ „~ ` ~ 1 ~`_ v No ary~Publ ic ~ ~ ~ ` My Commission Expires : ,~ j~'' J ~ A regular meeting of the City Council of the City of Virginia Beach, Virginia, was held in the City Council Chambers in the City of Virginia Beach, Virginia, on the 9 day of March , 1993, the following resolution was adopted by the following vote: Name Vote John A. Baum Aye Linwood 0. Br~~~h~ ~II Aye James W. Brazier, Jr. Aye Robert W. Clyburn Aye Robert K. Dean Aye Louis R. Jones Aye Paul J. Lanteigne Aye John D. Moss Aye Mayor Meyera E. Oberndorf Aye Nancy K. Parker Aye Vice Mayor William D. Sessoms, Jr. Aye RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR CONTRACTORS PAVING CO., INC. WHEREAS, on February 16, 1993, the City of Virginia Beach Development Authority (the "Authority") considered the application of Contractors Paving Co., Inc., a Virginia corporation (the "Company"), for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,700,000 (the "Bonds") to assist the Company in acquiring, constructing and equipping a facility for the manufacture of asphalt and related products ("Project"), to be located at 121 Chestnut Street, in the City of Virginia Beach, Virginia, such facility to be operated by the Company, and the Authority held a public hearing thereon and adopted an inducement resolution for such facility; WHEREAS, the Internal Revenue Code of 1986, as amended, provides that the highest elected governmental officials of the governmental units having jurisdiction over the issuer of industrial development bonds and over the area in which any f acility f inanced with the proceeds of industrial development bonds is located shall approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the "City"), the Project is to be located in the City and the members of the City Council of Virginia Beach constitute the highest elected governmental officials of the City; WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, provides that the Council shall within 60 calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; WHEREAS, a copy of the Authority's Inducement Resolution, approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a fiscal i.mpact statement in the f orm prescribed by Section 15 .1-137 8. 2 of the Code of Virginia of 1950, as amended, have been filed with the City Council, together with the Authority's recommendation that the City Council approve the issuance of the Bonds and authorize the City Manager to submit an application to the Virginia Department of Housing and Community Development requesting an allocation of $1,700,000.00 pursuant to Title 15.1, Chapter 33.2 of the Code of Virginia of 1950, as amended with respect to the issuance of the Bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The City Council of Virginia Beach, Virgini.a, hereby approves the issuance of the Bonds by the Authority in an amount not to exceed $1,700,000.00 to assist in the financing of the Project, for the benefit of the Company, to the extent required by the Internal Revenue Code of 1986, as amended (the "Code") and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"). 3. The approval of the issuance of the Bonds as required by the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company, but as required by Section 15.1-1380 of the Virginia Code, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the 2 Commonwealth of Virginia, the City or the Authority shall be pledge thereto. 4. The City Manager is hereby authorized and directed to submit an application to the Virginia Department of Housing and Community Development requesting an allocation of $1,700,000.00 pursuant to Title 15.1, Chapter 33.2 of the Code of Virginia of 1950, as amended, with respect to the issuance of the Bonds. This Resolution shall take effect immediately upon its adoption. ADOPTED by a quorum of the Council of the City of Virginia Beach, Virginia, on March 9 , 1993. MAYOR ATTEST: City Clerk Ps~Clients\0177\001\BS-PAVZNG APPRO`J~~J ~,~ ~'~ LECAL ~~r ~~~~~~~Y ,- , 3 ~~~ / ~ ~ o , ~ V I ; ~ ~~~ 0 3'" "~ i '~ ~t~ ~ ~~ ~ ~ 'S' , "~~ I ~ ~`` ~ ~.~ ~ ~.~~"~~ ~, o ~,~~~~''~~ " " `~ ~JHS ~ = 1 "`L ~~-~` " '~~ G ~~~ `~~~~`~ ~``` , a Ma~ .3 0, ~~ ~~1 ~ P~(~ o`pp~ ~P r~ qa ~ ~a~, 3 r ~t i ~-' --1 ~~ i , \ -x u~R~ op ~o / ~ ~%q~E C7R v J t, •~~ F~'9 C4 ~ ~S f,P I r '" / '~ ~ ~a1tcu~`'=i'~, ~ ~~~ ~o~, ~ ~f,~o~i`,~ F ~ ~~r ~ ~Q~' ITCH D~.1CK %~~ , ~. L • ~~?> l~ ~ C Q~V~" ~~/~~D` ~~~' `3 / /OW ~ I ~Ci Y~,ti'~ / ~~~'' ~,`v ' ~v r ~` a 'l ' I ~~~~ s' 8i? v~` d ~_1A i~~~ c.~; o' diNfV ~'~'a C~wisH.~r ~ ~f'~` ~ r/~ ~ / ~ IIT~I ~ A` r ~ ~,~ ~' E`°~~" ~`, ~Al~~ ,~~,~, ~P , ~ae~ g, ~~~~oor ~ ._- ~- ~ COVE ~ ~~ ~ -, ~ , P y~ , ~ ~E ro~Ktwo ~4 0 ( I ~ 1`,,~ N~..J. ~ y ~ I ~ y1 1 \ ~~l ~ a~ ~,,~ P ~ E ~~, ti. 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Ci,q~~'_ ,^9~'`~~~~~ ~~ \~EJ(It-3 qR ~ ~MNE4NESS ~C' s ~~~~ ~ ~~} ~~~"^ ,~Q~,~. ?/ YAn vAVSi~TV ~ `~.~' ~/ 9 ' / ~ O ~ ~ _~"iTt+`~~~ p~~~l`l~~ _ l ~i '~% T ~9 \ \9 - ,,,i ~ O~l 4 / ~r \ / ' I o , I ~ L~ ~~ I ~ aJ~~ :S.i_ra1.~ .~9.~'QA~ AA ~' f VYindsor Plaza fL'~GW ~ ~ /y ~7 ~l O ~.". ~ ~ ~ ~ ~ - ~ ~~ ~."'..o o ,~ ~ ~ ~; ~[!~!^?~yE `Yt ~ ~ ' 0~44K. ~ o E ~1~;~'~ p`~l~. ~~ ~ ~ ~ cr:l~i~~a -~~.. ~ I ~~~. _ '' ~ LUOOtN ~k~ ~. = N P~1E~A11~"`T ~ i"'~Ci I ~ 9 ~ ~ ;,~ O ~ y t C '1 9 ..E ~je -~- u' 2^4. ~""'"~^L/> ~ ~ `,~ a ~ ' ~ : `y -"`Y:RGIfy~ -° ~ ~ ~ I~-~-.r=~' _ ;^~'" q~~~~~-= ~~~ ~ %~~ I UfiAYs¢ ~ rf~, c~ "'3,.~ ~ ~~'Q'a=21 ! - ~ ~1E5 N n A _ ~ - ~~ N ~ ,C{T~~ O t'L 21~ -~ ~ ~~ W `~i r.v / Pi~'i + '4 - -r.~-J~B t~ TER CT I 'i ~ `^^^-~ ~ c+ ~ `g ,0~~ ~~~^ ~, f~ o c ~~ -~-,ic ~~--~~~ ~ '°T ~~l~~ii~ S. 7 ~GH (iDA = IZn .GV~ if .~ w(+i -~ H~S~~YU ~ ' .~ O i \ O~ • IF 9 i 0~'rrr +~-': ,~HTS~ ~ , _ ~ tFRp~(...re''' ~~-yo~''y` uu~- ~ t ~~°~ Y,F S~ ~NCA ~ ! ti . TH ~ i8, ~p q~~! , r" ~-= ~ ~ l~ ~"' ,. r. ~ _...~ o~. ~ f~w~~ in sor ~Jt; I o V~f`' - 1J'F ~~ ) ~;~ O -/ ps L~Q~ ~ ~ ! ~i.~ r~~ ~~ _ ~~O- ~BLVO~~ OOd ^~~y Ir p 1~ ~ooo~ .. s J ~~~ ~ o~ ~~ d~ ` AU~Et3 S (~ ~'~ ° ~~ . r r : +~. ~~, r ~ ~WINDSO ~j~, a o `~,~~'s~-f , +~0° va-~~ ~*" . ~~~ ' ` r' r [ Tr~fi~aro ~ o '~~~y. ~ y~~• - v 9~ ~ES ~ `1~ y'° ~1 E~ °= 3~ \~~ I O - PARKoSEE GRiD B12 ' o ~•- ~, ,~ WOOD$ oo~~,~ <<,~ c f. cvEN ~,~aH . 1~ ~ ~~,~ ~ GE ~ ~ ~ 9 r i~. ~~ t ~i 4 ~ y ~ S~ ~- PKY ~ u ! t 0 ~ ~~p " 1 A S S A U O R ' ~~ `\. I 1 V I M O ~ L E O R ;~! APLFW000 Ci' ~l _ O O tP v0 m.ir ~ ~ '~ ~ ~i :.' W ~' ~J . 1 ~ ~ ~ , t ~,,~ -• ~ S~ 4 2 ~E9MUD~ CT ! ` ~r'r F ~' ! ~' si' `~ ~ " ~ aQ'` jE~'~~ z ~' _ ( ~`T ~ ; 9f p~~`s ' ~\ ~ ~ ~~o~ , y ~ ~~ . .... r ~~uk. (*~, ~ ~ ~ ~ o - .,; ~~ y~s~ ~, o rr {~ 5 ~ A~ , ] oE ~au~ c a r~ =- 4_ o ~ ~ C o .i ~„a~ ~. 0 m~ ~~ 'f '1~\ ~ ~ `!II1 ~ 1~ t~.~~i ~ j . ~ ~. ~ ~ t i Z ° ~` ~ c. i 0~ 1 ~ A ~ ~ rn ~ 0'" 1 .~, S\!~ ~d ~ Fy ?Q~`t ~ '`~( I~ E, ' ~ t'IASSSU C7 o r~.:~ `~'~'C . G ~^z ~i$T R C -= gJ9~Ci~ ,~O /r ~'\ ~'+~ ~,~~ ~~ a e`l C~ S ~~]?'~aV'.'~ i r t ~~ ..~ ~ ~' ~ ,` ~e,+ ' o ~~CifiTG~ '- Qu ~~ ~ '",• ~ ~'~y f, ~~2~ P --a'r~?P..'R~' ~~^.4.~ O.p~'f'^ i :Lti~:_Y..k:'~/ ,~• ~ ~ '~~L, ~ .:~ ~~-.... ~.~~..~~~y.,,. ' ~ ~ ~ $ _ - - ~ _ -~`~ w~r~C~~ \ ~ i~ ~.A _~G`'~a ...ar.;- in" - -'- - - ......~__"l~JCC[~K~ ~ ;- _ a. ~ ~ ~--=~c~ iLl~. _ PROJECT NAME: PROJECT ADDRESS: TYPE OF PROJECT: CONTR.ACTORS PAVING CO., INC 121 Chestnut Street Vir~inia Beach, VirQir~a 23'~62 Asphalt ~ianufacturing Plant -18- CONSENT AGENDA ITEM #36590 Upon motion 6y Yce Mayor Sessoms, seconded 6y Council Lady Parker, City Council APPROVED in ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA. Yoting: 11-0 Council Mem6ers Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Cly6urr~ Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~lliam D. Sessoms, Jr. Council Mem6ers Yoting Nay: None Council Members Absent: None *Councilman Moss voted a VERBAL NAY on Item III-I.5 of the CONSENT AGENDA. March 9, 1993 -19- Item III-I.1. CONSENT AGENDA ITEM #36591 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution authorizing the City Manager to pursue the necessary requirements for the issuance of refunding bonds in an amount not to exceed $160-Million to refund the Outstanding Bonds and pay costs and expenses in connection with such refunding; file an application with the State Council on Local Debt for approval as required by Section 15.1- 227.46 of the Code of Vrginia of 1950, as amended; ana~ request proposal from underwriters for the purchase of Bonds through negotiation. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 1 RESOLUTION AUTHORIZING THE FILING OF AN 2 APPLICATION WITH THE STATE COUNCIL ON LOCAL 3 DEBT AND OTHER ACTIONS IN CONNECTION WITH THE 4 ISSUANCE AND SALE OF REFUNDING BONDS BY THE 5 CITY OF VIRGINIA BEACH, VIRGINIA 6 WHEREAS, the City of Virginia Beach, Virginia (the 7 "City"), has certain general obligation debt outstanding; 8 WHEREAS, the City, in conjunction with its financial 9 advisors, has determined that it is in the best interest of the 10 City to refund all or portions of the following bonds (the 11 "Outstanding Bonds") to take advantage of favorable market 12 conditions: 13 General Obligation Public Improvement Bonds, 14 Series of 1991C, maturing on August 1, 2008 15 through 2011, in the aggregate principal 16 amount of $9,850,000; 17 General Obligation Public Improvement Bonds, 18 Series of 1991A, maturing on March l, 200~ 19 through 2011, in the aggregate principal 20 amount of $11,940,000; 21 General Obligation Public Improvement Bonds, 22 Series of 1990A, maturing on June 1, 2004 23 through 2010, in the aggregate principal 24 amount of $14,350,000; 25 General Obligation Public Improvement Bonds, 26 Series of 1989A, maturing on October 1, 200a 27 through 2009, in the aggregate principal 28 amount of $20,100,000; 29 General Obligation Public Improvement Bonds, 30 Series of 1988A, maturing on May 1, 1999 31 through 2008, in the aggregate principal 32 amount of $20,960,000; 33 General Obligation Public Improvement Bonds, 34 Series of 1987, maturing on May 1, 1998 35 through 2000, in the aggregate principal 36 amount of $7,230,000; 37 General Obligation Public Improvement 38 Refunding Bonds, Series of 1986, maturing o~ 39 July 15 , 1998 through 2000, and July 15, 2003 40 and 2004, in the aggregate principal amount of 41 $14,700 ,000; 42 General Obligation Public Improvement Bonds, 43 Series of 1986, maturing on May l, 1997 44 through 2006, in the aggregate principal 45 amount of $24,390,000; 46 General Obligation Water and Sewer Refunding 47 Bonds, Series of 1986, maturing on July 15, 48 1999 through 2004, in the aggregate principal 49 amount of $4,335,000; 50 General Obligation Water and Sewer Bonds, 51 Series of 1986, maturing on May 1, 1997 52 through 2006, in the aggregate principal 53 amount of $3,940,000; and 54 General Obligation Public Improvement 55 Refunding Bonds, Series of 1985, maturing on 56 December 1, 1996 and 1997, in the aggregate 57 principal amount of $6,930,000. 58 WHEREAS, prior to refunding the Outstanding Bonds, the 59 City is required by State law to obtain approval of the State 60 Council on Local Debt as to such refunding; 61 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 62 OF VIRGINIA BEACH, VIRGINIA: 63 1. The City Manager is hereby authorized to pursue the 64 necessary requirements for the issuance of refunding bonds in an 65 amount not to exceed $160 million (the "Bonds") to refund the 66 Outstanding Bonds and to pay costs and expenses in connection with 67 such refunding. 68 2. The City Manager is hereby authorized and directed 69 to apply to the State Council on Local Debt for approval for the 70 issuance of the Bonds. The Bonds shall not be issued until their 71 issuance shall have been approved by the State Council on Local 72 Debt, as required by § 15.1-227.46 of the Code of Virginia of 1950, 73 as amended. 74 3. The City Manager is further authorized to request 75 proposals from underwriters for the purchase of the Bonds through 76 negotiation. 77 4. This Resolution shall take effect immediately. 78 Adopted by the Council of the City of Virginia Beach, 79 Virginia, on the 9th day of March, 1993. 80 CA-5037 81 ORDIN\NONCODE\DEBT.RES 82 R-3 83 PREPARED: 03/03/93 f,F '~c~V~C~ A~ T~ C ~' ~'1'~r <<2 . ,L ~ j ~ ," ~~,~ ~/~ SS: ~/ ~ , ~ - ~~~~ ~"~ ~ ~ L~ ~~ ~~~1~-~- G r ., , ~ ~ ~ . : ~ ~.,, ; ~w :. %_ ,P J r,~ ~ r r'+ q .a«~ ~UF~'~~'~~i~~L'~( I~t~~J F~~~v~ ~~~1 ~ CITY ATT~ORNEY 2 -20- Item III -I. 2. CONSENT AGENDA ITEM #36592 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution approving the location and major design features re Yrginia Department of Transportation's (YDOT) Route 44/Birdneck Raad Interchange project. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwo~od O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. ~berndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 $ESOLUTION WHEREAS, a Public Hearing was conducted on November 12, 1992, in the City of Virginia Beach by representatives of the Commonwealth of Virginia, Department of Transportation after due and proper notice for the purpose of considering the proposed location and design of improvements to the Route 44/Birdneck Road interchange, Project 0044-134-107 in the City of Virginia Beach at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with State and Federal requirements; and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, representatives of the City of Virginia Beach were present and participated in said hearing; NOW, THEREF~RE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby approves the location and major design features of the proposed projects as presented at the Public Hearing. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of March, 1993. u,t a g e~s m-c,t , ~ C.i.,ty C.~eh.Fz - 21 - CONSENT AGENDA ITEM #36593 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolutions requesting the Vrginia Department of Transportation (VDOT) program funding and provide project administration for: Evaluation and retiming of approximately one hundred fifty-one (151) traf~c signals ($250,000 100% federal funding). Construction of approximately S.0 miles of computeri,zed traf~c signal interconnect cable along seven (7) roadways; ana~ upgrade traf~c signal equipment at nine (9) intersections ($300,000 100% federal funding). Yoting: I1-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 PROJECT PROG~tA~~iriING RESOLUTION t~~HEREAS, in accordance witii Virginia D~partment of Transportation construction alloca~ion procedures, it is necessary that a request Uy Cauncil resolution ~e mac~e in order that tr~~ Departm~nt program CongE~tian t~~itigation and 11ir Quality Improvement Program (CI~IAQ) funr~s for qualiL-'ied project~ within the City of Virginza ~each; no~•~ •, THER~ FORr ~3~ IT R~aSOLVLD, that the Council o~ the City of Virginia Beach, Virginia, requests th~ Viryinia Department of Transportation progr~n~ funding anc~ provic~e ~roject administration for the evaluation and retiming of approximai:ely one hundred fiFty one (151) tr~ffic signals. ADOPT~;D THIS 9th D1~Y OF March 19 9 3 CITY OE~' VIRGINI~ B~ACH, VIRGII~II1~ ATTEST anc ~'J By ~j _ . Clerlc of Council P• yor/t~anager A~P D S~ ONYEi~ i ~ ~ ~ . -y~,~` S~GNA~ RE ~ ~/c~~,~,~s w ~ DEPAfiTMENT APPROVED ~S ~t~ LEGAI SU~~I~tE ~'' .~~t~ ~vg~A ~T;~ ,},~ Tr-.. PR~JECT PROGRAr~INiI NG RESOLDTI ON ~~JHEREAS, in accordance with Virginia Department of Transportation con~truction allocation procedures, it i~ necessary that a reque~t by Council resolution be made in order that th~ Department program Conyestion I~iitigation anc3 ~lir Quality Improvement Program (Ct~1AQ) funds ~or qualifiec~ projects within the C ity o f Vi rg in ia ~each; now THEPEI'OR~ BE IT RESOLVED, that th~ Council of thc City of Virginia B~ach, Virginia, request~ the Virginia Department of Tran~portation prograrn ~unaing ancl provide proj~ct administration for the construction of approximately 5.0 mil~s of com~~ute~izec~ traffic signal interconnect cable along seven roadways and upgrade t ra~f ic s ignal ~c~u ipment at n in~ ( 9) intersECt ions . ADOPT~D TF-IIS 9th day pf March 1993 CITY OF VIP,GZr1~~ BEIICII, VIRGIIr1IA ATT E ST a~~~-~. _ ~ ~~-~-y~ BY . ~ Clerk o; Council -1 or/I~IanZc~er AP~R TO C i*1 TEi~ ~ y C~ ~GGG ---- SIG ~ AT E ~ ~,~j/ c ~ v, • s ~ DEPARTI.IENT AP~Rav~a ~s -~o ~~~A~ suF~~~f~~~ .~~~ ~:~~~~ _.r_____._ - --- - ~+,~ r' .~:.i. i ~J:7r 1M`' LOCATION OF ROADWAY SECTIONS AND INTERSECTIONS INCLUDED IN CMAQ TRAFFIC SIGNAL COMPUTER CABLE CONSTRUCTION AND EQUIPMENT UPGRADE PROJECT I. TRAFFIC SIGNAL COMPUTER CABLE CONSTRUCTION - SEVEN (7) ROADWAYS TOTALING APPROXIMATELY 5.0 MILES: ROADWAY SECTION FR4M TO 1. General Booth Blvd. Camp Pendleton Ent. Harbour Point Dr. 2. London Bridge Road General Booth Blvd. Strawbridge Road 3. Great Neck Road virginia Beach Blvd. Wolfsnare Road 4. South Lynnhaven Rd. Lynnhaven Parkway Silina Drive 5. Holland Road Chimney Hill Parkway South Plaza Trail 6. Indian River Road Kempsville Road Ferrell Parkway 7. Rosemont Road Lynnhaven Pa=kway Buckner Bouleva=d II. TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADE AT NINE (9) INTERSECTIONS 1. Lynnhaven Parkway at North Mall Dxive and Avenger Drive 2. Lynnhaven Parkway at South Lynnhavnen Road and Cherie Drive 3. Lynnhaven Parkway at South Lynnhaven Road and Potters Road 4. Lynnhaven Parkway at Viking Drive 5. Virginia Beach Boulevard at Birchwood Mall 6. Virginia Beach Boulevard at North Lynnhaven Road 7. Virginia Beach Boulevard at South Plaza Trail and Little Neck Road 8. Virginia Beach Boulevard at Kings Grant Road 9. Virginia Beach Boulevard at Kellam Road - 22 - CONSENT AGENDA ITEM #36594 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing application of certain Treasurer for Payment. Yoting: 11-0 Council Members Yoting Aye: tax refunds in the amount of $4, 590. 00 upon persons and upon certi~cation of the City John A. Baum, Linwo~od O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 2/24/93 FORM NO C A 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRG{NIA BEACH, VIRGIN{A That the following applications for tax refunds upon certification of the Treasurer ar~ hereby approved: EMC NAME Tax Type Ticket Exonera- Date penalty Int. Totai Year of Tax Number tion No Paid Bayshore Corporation Bayshore Corporation Bayshore Corporation Bayshore Corporation Mulberry Corporation W A Goodman Banc One Mortgage Banc Plus Savings Assoc Banc Plus Savings Assoc Nationsbank Trust Nationsbank Trust Nationsbank Trust Nationsbank Trust Nationsbank Trust Nationsbank Trust Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Birdneck Lake Homes Assoc Assoc Assoc Assoc Assoc Assoc Assoc Assoc Assoc Assoc Assoc Assoc Assoc 93 RE(1/2) 7280-4 12/2/92 75.21 93 RE(1/2) 7279-7 12/2/92 67.04 93 RE(1/2) 7278-8 12/2~92 67.04 93 RE(1/2) 7277-9 12/2/92 67.04 93 RE(1/2} 79670-1 12/3/92 600.05 93 RE(1/2) 43826-0 11~18/92 564.62 93 RE(1/2) 78194-0 11/23/92 6.62 90 RE(1/2) 58698-6 12/1/89 2.64 90 RE(2/2) 58698-6 5/31/90 2.64 90 RE(1/2) 73150-6 12/5/89 36.64 90 RE(2/2) 73150-6 5/30/90 36.64 91 RE(1/2) 74390-3 12/5/90 38.70 91 RE(2/2) 74390-3 6/3/91 38.70 92 RE(1/2) 75015-4 12/4/91 40.88 92 RE(2/2) 75015-4 6/4/92 40.88 90 RE(1/2) 9526-7 12/5/89 288.22 90 RE(2/2) 9526-7 5/23/90 288.22 90 RE(1/2) 9525-8 12/5/89 144.28 90 RE(2/2) 9525-8 5/23/90 144.28 91 RE(1/2) 9609-6 11/21/9C~ 304.44 91 RE(2/2) 9609-6 6/5/91 304.44 91 RE(1/2) 9608-7 11/21/9C~ 152.40 91 RE(2/2) 9608-7 6/5/91 152.40 92 RE(1/2) 9518-5 11/19/91 160.96 92 RE(2/2) 9518-5 6/5/92 160.96 92 RE(1/2) 9519-4 11/19/91 321.55 92 RE(2/2) 9519-4 6/5/92 321.55 93 RE(1/2) 9571-~ 11/18/92 160.96 Total 4,590.00 This ordinance shall be effective from date of adoption. T he above abatement( s) total i ng 4~ ~40 - ~~ were approved by the Council of the City of Virginia Beach on the~_day of March . 1993 Ruth Hodges Smith City Clerk Ce~tifi~~ as to pa Johr~~T. Atld~nson, T'r~~~surer Approved as to form / ~ ` L~si e L Lille , it AttqFne Y ._._ - 23 - PUBLIC HEARING ITEM # 36595 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING l. (a) N'HITT G. SESSOMS III STREET CLOSURE (b) MR. AND MRS. JOHN DOYLE NON-CONFORMING USE (c) STANLEY F. SCOTT NON-CONFORMING USE (d) LAKE RIDGE ASSOCIATES CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATIONS AND CONDITIONAL U,SE PERMIT March 9, 1993 - 24 - Item III-J.l.a PUBLIC HEARING ITEM # 36596 PLANNING Attorney Grover Wright represented the applicant Upon motion by Councilman Brazier, seconded by Councilman Jones, City Council APPROVED subject to compliance of conditions by Septem6er 14, 1993, petition of WHITT G. SESSOMS, III, for the discontinuance, closure and abandonment of a portion of a 15 foot alley. Application of Whitt G. Sessoms, III for the discontinuance, closure and abandonment of a portion of a 15 foot alley on the north side of Croatan Road, 100 feet east of Atlantic Avenue and lying adjacent to Lots 1, 2, 3, 13, 14 & 1 S, Block 23, Croatan Beach. Said parcel contains 2250 square feet. The following conditions shall be required: 1. The City Attorney's office shall make the final determination regarding ownership in the underlying fee. The purchase price to be paid to the City shall 6e determined according to the "Policy Regarding Purchase of City's Interest in Streets pursuant to Street Closures ", approved by City Council. Copies of the policy are available in the Planning Department. All funds generated from this purchase shall6e deposited in the Croatan Beach access account and utilized by the City to purchase addi#onal access to the beach in the Croatan area at an appropriate location. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels and ensure that all lots have access to a public street. 3. Closure of this right-of-way is contingent upon compliance with the above stated conditions within 180 days of approval by City Council (September 14, 1993). March 9, 1993 -25- Item III-J.I.a PUBLIC ~~EARING ITEM # 36596 (Continued) PLANNING Yoting: 10-0 Council Members Yoting Aye: John A. Baum, Linwood D. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Mem6ers Yoting Nay: None Council Members Abstaining: Vice Mayor ~lliam D. Sessoms, Jr. Council Mem6ers Absent: None Vice Mayor Sessoms ABSTAINED and DISCLOSED Whitt G. Sessoms, III, is his cousin. March 9, 1993 - 26 - PUBLIC HEARING ITEM # .36597 PLANNING John H. Dbyle, Jr., 420 Linkhorn Drive, Phone: 425-6676, the applicant represented himself Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED the application of MR. AND MR. JOHN DOYLE for an enlargement of a non-conforming use. Application of Mr, and Mrs. John Doyle for the enlargement of a nonconforming use on certain property located at 420 Linkhorn Dive, #4. Said parcel contains 1.71 acres. VIRGINIA BEACH BOROUGH. More detailed information is availa6le in the Planning Department. Resolution authorizing the enlargement of a nonconforming use located at 420 Linkhorn Drive, #4, property of Mr. and Mrs. John Doyle, Borough of Vrginia Beach. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~Iliam D. Sessoms, Tr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 i ~~~~itO ^ V~J • Ly s ~ ~ r ~ ~ ~~, ~ ~ -, _~ ~ ~._._.. _ ~~SIGtvA~URE L N~NGc 3•ZR~1~ ~~~ ; , ;,r_N~ A~~~~~~~~~ :~ ~ ~,.~ , F ~ ~ ~ 1 RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 LOCATED AT 420 LINKHORN DRIVE, #4, 4 PROPERTY OF MR. AND MRS . JOHN DOYLE, 5 BOROUGH OF VIRGINIA BEACH 6 WHEREAS, Mr. and Mrs. John Doyle, hereinafter referred to 7 as the Applicants, are the owners of a single-family unit located 8 at 420 Linkhorn Drive, #4, Borough of Virginia Beach, in the R-2.5 9 Residential Townhouse District; and 10 WHEREAS, the Applicants desire to enlarge the said 11 single-family unit by constructing an addition to it; and 12 WHEREAS, the present use of the property does not conform 13 to the provisions of the City Zoning Ordinance because detached 14 freestanding single-family units are not permitted uses within the 15 R-2.5 Residential Townhouse District; and 16 WHEREAS, pursuant to Section 105(d) of the City Zoning 17 Ordinance, the City Council may authorize the enlargement of a 18 nonconforming use if it finds that the use as enlarged is equally 19 appropriate or more appropriate to the zoning district than is the 20 existing nonconformity; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL (JF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the City Council hereby finds that the proposed single- 24 family detached unit of the Applicants, as enlarged, would be 25 equally appropriate to the zoning district in which it is located 26 as is the existing nonconformity. 27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That the City Council hereby authorizes the enlargement of the 30 Applicants' detached unit in accordance with the plans submitted in 31 connection with the application. 32 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 33 VIRGINIA, ON THIS 9 DAY OF March , 1993. 34 35 36 37 CA-5035 ORDIN\NONCODE\DOYLE.RES R-1 PREPARED: 02/25/93 -27- ~tem III-J.1. c. PUBLIC HEARING ITEM # 36598 PLANNING Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council DENIED the application of STANLEY F. SCOTT for the conversion of a non-conforming use. Application of Stanley F. Scott for the conversion of a nonconforming use on property located at the southeast corner of Cypress Avenue and IOth Street. Said parcel is located at 636 lOth Street and contains 11,979 square feet. YIRGINIA BEACH BOROUGH. Resolution authorizing the conversion of a nonconforming use located at 63010th Street, property of Stanley F. Scott, Borough of Vrginia Beach. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Cly6urn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 -28- Item III-J.l.d. PUBLIC HEARING ITEM # 36599 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council AGREED TO MOVE FORWARD to the beginning of the agenda, Ordinances upon application of LAKE RIDGE ASSOCIATES in Transition Area 1 CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATIONS AND A CONDITION.4L USE PERMIT for a golf course on certain parcels (PRINCESS ANNE BORO UGH). Yoting: 10-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Abstaining: Louis R Jones Council Members Absent: None Councilman Jones ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(E), Code of Vrginia, he owns property located adjacent to the Lake Ridge property, valued in excess of $10,000.00. Councilman Jones wished to disclose this interest and abstain from participating in these transactions. March 9, 1993 I?-' ,~ ~~ N ;~ , H - ~- ~ + ~ V .~*~; , * ~ 1' ~ z ~ ~ o ,~2 ~ 9 ~ ,9 ~ s ~F ~UR 0~,~ S NAT\~,~•.~ LOUIS R JONES COUNCILMAN - BAYSIDE BOROUGH (804)583-0177 March 8, 1993 Mrs. Ruth Hodges Smith, CMC/AAE Ciry Clerk's Office Municipal Center Virginia Beach, VA 23456 1008 WITCH POINT TRAIL VIRGINIA BEACH VIRGINIA 23455 Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia Dear Mrs . S mith : Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639 14(E), Code of Virginia, I make the follow~ng declaration : 1. The transactions for which I am executing this wr~tten d~sclosure are the City Council's discussion and vote on rezoning applicat~ons of Lake Ridge Associates for 694.6 acres of land on Pr~ncess Anne Road. 2. The nature of my personal interest in that I own property located adjacent to the Lake Ridge property. My property is valued in excess of $10,000.00. 3. The City Attorney has adv~sed me that in his opinion I am a member of a group, i.e., surround~ng similarly-situated property owners, the members of which are all affected by these transactions. City of Vir~irzia E3e~~c~~ 4. I wish to disclose this interest and abstain from participating in these transactions. Mrs. Ruth Hodges Smith -2- March 8, 1993 Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of V~rginia Accordingly, I respectfully request that you record this declaration in your official records. I have enclosed an opinion letter from Lesl~e L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Lou~s R. J es Councilman LRJ/clb Enclosure City of Virgi~ia ~3each . _-~~ - . y ===-- 2 z ~, o - ~i'9~s ~ ~ 0~~.~' t S ~-t~F_ ~~R NAS\~~~ LESL~E L Ul_LEY ( ITY ATTORNE Y MUNICIPAL CENTER VIRGINIA BEACH VA 23456 9004 (804) 427 4531 FAX (804) 426 5687 March 8, 1993 Councilman Louis R. Jones Municipal Center Virginla Beach, Virginla 23456 Re: Request for Confl~ct of Rezon~ng by Lake Ridge Pnncess Anne Road Interests Act Opinion: Appl~cat~ons for Assoc~ates for 694.6 Acres of Land on Dear Mr. Jones: I am writing in response to your request for an op~nion as to whether you may participate in the transactions of the Virgin~a Beach C~ty Council on March 9, 1993, concerning conditional zoning applicat~ons of Lake R~dge Associates for 694.6 acres of land on Princess Anne Road . SUMMARY/CONCLUSION: From my review of the Conflict of Interests Act and the informat~on provided by you as referenced below, I am of the opin~on that you have a personal ~nterest ~n the transact~ons of the Virginia Beach City Council concern~ng the conditional zoning appl~cations of Lake Ridge Associates for 694.6 acres of land on Princess Anne Road, as a result of your ownership of property ad~acent to the Lake R~dge property However, as ~ member of a group of persons affected by the transact~ons, you may panc~~pate in the transactions upon disclosure of your interest pursuant to Virgin~a Code § 2.1-639.14(G). This conclusion is cons~stent w~th my prior opinion to you dated May 28, 1991, on this matter. I base the aforesaid conclusions on the following facts and d~scussion. Councilman Louis R. Jones -2- March 8, 1993 Re: Request for Conflict of Rezoning by Lake Ridge Princess Anne Road Interests Act Opinion: Applications for Associates for 694.6 Acres of Land on FACTS PRESENTED: Your request for an advisory opin~on ~s generated by the applicat~ons of Lake Ridge Associates for condit~onal zoning class~ficat~ons on parcels total~ng 694.6 acres in the Princess Anne Borough. The property being considered for rezoning is part of a larger tract of land commonly referred to as "Lake Ridge" consisting of 1,192.50 acres. The proposed zoning changes would perm~t a vast range of office, institutional, commerc~al, lodg~ng, and single-family uses. The Comprehensive Plan adopted on March 5, 1991 provides that the Lake Ridge property is included within Transition Area I and is suitable for development requiring urban services if certa~n specified criter~a identified in the Comprehensive Plan are fulfilled. The City's Plann~ng Director has op~ned that the Lake Ridge applications have met these criteria and are in compliance with the Comprehensive Plan. You have advised that your concern and reason for request~ng th~s op~nion is that you own property located on the southeast corner of Pr~ncess Anne Road and Landstown Road adjacent to the Lake Ridge property, and spec~fically, adjacent to property being cons~dered for rezoning. Your property is valued in excess of $10,000 and is zoned AG-2. In addit~on, your property is subject to a cond~t~onal use perm~t allowing use of the parcel as a cemetery, mausoleum, and columbanum. You indicate that a portion of your property is currently in use as a cemetery and the remaining portaon is undeveloped. ISSUE: Are you precluded from participat~ng in the transact~ons of the V~rginia Beach Ciry Council concerning the applications for rezon~ng of Lake R~dge Associates for 694.6 acres of land on Princess Anne Road because of your ownership of ad~acent property? DISCUSSION: I. Avt~licable Definitions of Section 2.1-639 1 A. The City Council is a governmental agency, as ~t is a legislative branch of local government as defined in § 2.1-639.2 of the Virgin~a State and Local Government Conflict of Interests Act. -29- jtem III-J.1.d. PUBLIC HEARING ITEM # 36600 PLANNING Attorney ~Iliam R O'Brien, 2368 Havensham Close, Phone: 481-2408, represented the applicant and requested DEFERRAL. The following registered in OPPOSITION but and were not opposed to the DEFERRAL: Marilyn Kyle, 3716 North landstown Road, Phone: 427-2803 Lee H. DuPree, 1000 Bobolink Drive, Phone: 428-8063 Chuck Traub, 78 Glasgow Court, Phone: 340-9056 Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, Ciry Council DEFERRED until the City Council Session of Apri127, 1993, Ordinances upon application of LAKE RIDGE ASSOCIATES for Conditional Change of Zoning District Classifications and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF I.AKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-1 A N D, Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Community Business District to H-1 Hotel District on certain property located 350 feet southwest of Princess Anne Road beginning at a point 4600 feet more or less southeast of Landstown Road. The proposed zoning classification change to H-1 Hotel District is for hotel land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcel contains 1 S acres. PRINCESS ANNE BORO UGH. ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Communiry Business District to P-1 Preservation District on the following parcels: rc l: Beginning at a point 4150 feet more or less northeast of the intersection of Landstown Road and Salem Road. arc l: Beginning at a point 5100 feet more or less northeast of the intersection of Landstown Road and Salem Road. ~g_ rcel 3: Beginning at a point 5700 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel 4: Beginning at a point 6050 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Parcel S: Beginning at a point 6600 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. The proposed aoning classification change of P-1 Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 32.4 acres. PRINCESS ANNE BORDUGH. March 9, 1993 -30- Item III-J.l.d. PUBLIC HEARING ITEM # 36600 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFIC~ITI~N FROM B-2 to O-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 Community Business District to O-2 Office District on the following parcels: Parcel 1: Located on the northeast side of Princess Anne Road beginning at a point 4500 feet more or less southeast of the intersection of Princess Anne Road and Landstown Road Extended. Parcel 2: Located at 4500 feet more or less southeast of Landstown Road extended beginning at a point 350 feet southeast of Princess Anne Road. Parcel 3: Beginning at a point 3410 feet more or less northwest of the intersection of North Landing Road and West Neck Road. The proposed zoning classifzcation change to O-2 O~ce District is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area 1. Said parcels contain 41.3 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDTlIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from B-2 to R-10 Residential District on the following parcels: Parcel 1: Beginning at a point 4400 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Beginning at a point 4910 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change to R-10 Residential district is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies for Transition Area I. Said parcels contain 68.1 acres. PRINCESS ANNE BORO UGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM H-1 TO O-2 Ordinance upon application of a Conditional Change of Zoning District Classification from H-1 Hotel District to O-2 Office District on certain property located 4120 feet more or less southeast of the intersection of Princess Anne Road and Landstown Road. The proposed zoning classification change of O-2 Office is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcel contains 9.8 acres. PRINCESS ANNE BOROUGH. March 9, 1993 - 31 - .Item III-J.1.d. PUBLIC HEARING ITEM # 36600 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM H-1 TO R-10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from H-1 Hotel District to R- 10 Residential District on certain property located 4900 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. Tiie proposed zoning classification change to R-10 Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies for Transition Area I. Said parcel contains 5.2 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF I~KE RIDGE ASSOCIATES FOR A CONDTIIONAL CHANGE OF ZONING DISTRICT CLASSIFIGATION FROM O-2 TO B-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from O-2 Office District to B-2 Community Business District on the following parcels: Parcel 1: Beginning at a point I100 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. ar e: Beginning at a point 2700 feet more or less northwest of the intersection of North Landing Road and West Neck Road. The proposed zoning classification change to B-2 Community Business District is for commercial land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 167 acres. PRINCESS ANNE BOROUGH. March 9, 1993 - 32 - Item III-J.l.d. PUBLIC HEARING ITEM # 36600 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from O-2 Office District to P-1 Preservation District on the following parcels: Parcel 1: Beginning at a point 3350 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. ar : Beginning at a point 4300 feet more or less south of the intersection of Landstown Road and Princess Anne Road. ar 1: Beginning at a point 3210 feet more or less south of the intersection of Landstown Road and Princess Anne Road. arcel 4: Beginning at a point 3750 feet more or less northeast of the intersection of Landstown Road and Salem Road. ar el : Beginning at a point 4950 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. rc 1 6: Beginning at a point 5500 feet northeast of the intersection of North landing Road and West Neck Road. The proposed zoning classification change to P-1 Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 90 acres. PRINCESS ANNE BORO UGH. A N D, ORDINANCES UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM O-2 TO R-10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of District Classification from O-2 office District to R-10 Residential District on the following parcels: ~arcel 1: Beginning at a point 4500 feet more or less north of the intersection of Landstown Road and Salem Road. Parcel 2:Beginning at a point 2650 feet more or less southeast of the intersection of Landstown Road and Princess Anne Road. arc : Beginning at a point 3500 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. a cel : Beginning at a point 3300 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. arc 1 5: Beginning at a point 3200 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. Parcel 6: Beginning at a point 3900 feet more or less northeast of the intersection of Landstown Road and Salem Road. a 7: Beginning at a point 3450 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 8: Beginning at a point 4930 feet more or less south of the intersection of Landstown Road and Princess Anne Road. Parcel 9: Beginning at a point 5100 feet more or less northwest of the intersection of North Landing Road and West Neck Road. The proposed zoning classifcation change to R-10 Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 125.9 acres. PRINCESS ANNE BORO UGH. March 9, 1993 - 33 - Item III-J.l.d. PUBLIC HEARING ITEM # 36600 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFIC,ATION FROM P-1 TO D-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from P-l Preservation District to O-2 Office District on the following parcels: ar : Beginning at a point 3100 feet more or less northeast of the intersection of Landstown Road and Salem Road. Parcel 2: Located on the east side of Landstown Road beginning at a point 2950 feet southeast of the intersection of Landstown Road and Princess Anne Road. The proposed zoning classification change of O-2 Of,fice District is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 47.1 acres. PRINCESS ANNE BORO UGH. A N D, ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDTlIONAL CHANGE OF ZONING DISTRICT CLASSIFIGATION FROM P-1 TO R-10 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from P-1 Preservation District to R-10 Residential District on the following parcels: ar : Beginning at a point 3950 feet more or less northeast of the intersection of Landstown Road and Salem Road. a cel : Beginning at a point 3200 feet more or less northeast of the intersection of Landstown Road and Salem Road. a c : Beginning at a point 2300 feet more or less northeast of the intersection of Landstown Road and Salem Road. The proposed zoning classification change to R-10 Residential District is for single family residential land use at a density no greater than 3 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies for Transition Area I. Said parcels contain 61.9 acres. PRINCESS ANNE BORO UGH. ORDINANCE UPON APPLICATION OF I~AKE RIDGE ASSOCIATES FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO O-2 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from R-10 Residential District to O-2 Office District on the following parcels: ar el : Beginning at a point 2200 feet more or less northwest of the intersection of Landstown Road and Salem Road. ar 1: Beginning at a point 2650 feet more or less northeast of the intersection of Landstown Road and Salem Road. arcel 3: Beginning at a point 3770 feet more or less northeast of the intersection of Landstown Road and Salem Road. The proposed zoning classification change to O-2 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 10.7 acres. PRINCESS ANNE BOROUGH. March 9, 1993 -34- Item III-J.l.d. PUBLIC HEARING ITEM # 36600 (Continued) PLANNING ORDINANCE UPON APPLICATION OF LAKE RIDGE ASSOCIATES FOR A CONDTlIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO P-1 Ordinance upon application of Lake Ridge Associates for a Conditional Change of Zoning District Classification from R-10 Residential District to P-1 Preservation District on the following parcels: Parcel 1: Beginning at a point 4500 feet northeast of the intersection of Landstown Road and Salem Road. a el : Beginning at a point 3300 feet more or less southwest of the intersection of Landstown Road and Princess Anne Road. The proposed Zoning classification change to P-1 Preservation District is for preservation land use. The Comprehensive Plan recommends use of this parcel for agricultural land use or uses in accordance with the policies of Transition Area I. Said parcels contain 20.2 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF I.f1KE RIDGE ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE ON CERTAIN PARCELS Ordinance upon application of Lake Ridge Associates for a Conditional Use Permit for a golf course on certain parcels beginning at a point 5450 feet more or less northwest of the intersection of North Landing Road and West Neck Road. Said parcel contains 170.7 acres. PRINCESS ANNE BOROUGH. Yoting: 10-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Braaier, Jr., Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yce Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Abstaining: Louis R Jones Council Members Absent: None Councilman Jones ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(E), Code of Vrginia, he owns property located adjacent to the Lake Ridge property, valued in excess of $10,000.00. Councilman Jones wished to disclose this interest and abstain from participating in these transactions. March 9, 1993 - 35 - Item III-K 1. APPOINTMENTS ITEM # 36601 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: DEYELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS March 9, 1993 - 36 - Item III-L.1. UNFINISHED BUSINESS ITEM # 36602 Council Lady Parker advised the School Liaison Committee met today, March 9, 1993, called at the request of Samuel Meekins, Chairman of the School Board Chairman Meekins referenced the General Assembly's funding formula for potential pay raises for teachers, instructional personnel and other support personnel. There was concern as to whether the State's Sales Tax would meet projections, as had 6een established in the Budget. The School Board is going to leave it in the Budget as they had projected believing it will not be the shortfall anticipated. At the same time, the Impact Aid Funding, appraximately $5-Million, will remain in the Budget. There will 6e basically two budgets forwarded to the City Council: one budget based on the City Council's Resolution and the proposed budget from the Superintendent containing pay raises. Councilman Lanteigne advised the School Board has not yet taken a position on raises and they are open to hear from the public during the Budget Process on March Sixteenth. The School Board is still open to discussion relative the Pendleton project, but there may be some question or reservations coming from the Chesapeake side of the Pendleton project. Councilman Lanteigne suggested a meeting with the Chesapeake City Council and/or School Members for discussions relative this project. The School Board seems to 6e fixed with the per pupil expenditure as their number one target ~gure. March 9, 1993 -37- Item III-L.2. UNFINISHED BUSINESS ITEM # 36603 Councilman Moss referenced the Community Organization Incentive Grant Commission met on Wednesday and Thursday, March Third and Fourth at the Pavilion. Mary Gentry provided excellent staff report. Chair Priscella Beede presided in her usual outstanding manner. Eleven organizations were heard on each of the dates for a total of twenty-hvo. The COIG will not meet until after May 15, 1993, after ADOPTION of the FY 1993-1994 Operating Budget. The Commission was most grateful for the ability to utilize the $9,000 for capital equipment.These funds were available from one applicant previously allocated funds and no longer eligible. March 9, 1993 -38- Item III-L.3. UNFINISHED BUSINESS ITEM # 36604 ADD-ON Mayor 06erndorf referenced as Vice Mayor Sessoms and Councilman Jones were Liaisons to the Development Authority, they request the Authority to provide information concerning the Authority's right to buy and dispose of land without the approval of City Council. The newspaper article had questioned as to whether this land should have been put out to 6id Relative questions of Councilman Dean concerning the Economic Development Financial Report, Vice Mayor Sessoms and Councilman Jones will provide information upon receipt of his concerns. The City Clerk will forward copies of the Memorandum of Understanding between the Development Authority and the City Council. March 9, 1993 -39- Item III-M.l.a. NEW BUSINESS ITEM # 36605 Upon motion by Yce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Resolution requesting the General Assembly enact legislation providing toll relief to parents who reside on the Eastern Shore and who must use the Chesapeake Bay Bridge Tunnel to visit children hospitalized in Yrginia Beach and neighboring Cities in the Hampton Roads Area. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~lliam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 Requested by Mayor Meyera E. Oberndorf and Vice Mayor W. D. Sessoms, Jr. 1 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY 2 TO ENACT LEGISLATION THAT WOULD PROVIDE TOLL 3 RELIEF TO PARENTS WHO RESIDE ON THE EASTERN 4 SHORE AND WHO MUST USE THE CHESAPEAKE BAY 5 BRIDGE TUNNEL TO VISIT CHILDREN HOSPITALIZED 6 IN VIRGINIA BEACH AND NEIGHBORING CITIES IN 7 THE HAMPTON ROADS AREA 8 WHEREAS, residents of the Eastern Shore who require long- 9 term intensive medical treatment must utilize the hospital 10 facilities of Virginia Beach and neighboring cities in the Hampton 11 Roads area; 12 WHEREAS, the expense of tolls required to use the 13 Chesapeake Bay Bridge Tunnel imposes a severe economic burden upon 14 Eastern Shore residents whose children are so hospitalized for 15 prolonged intensive care, and at times may force such parents to 16 forego regularly visiting a gravely ill child; 17 WHEREAS, the emotional support of family members is 18 extremely important to the recovery of children undergoing long- 19 term hospitalization; and 20 WHEREAS, the Code of Virginia does not presently permit 21 any person, other than designated State and local officers and 22 employees, to use the Bridge Tunnel without payment of the toll; 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 That the Council hereby requests the General Assembly to 26 enact legislation that would provide toll relief to parents who 27 reside on the Eastern Shore and who must use the Chesapeake Bay 28 Bridge Tunnel to visit children undergoing extended hospitalization 29 in Virginia Beach and neighboring cities in the Hampton Roads area. 30 BE IT FURTHER RESOLVED: 31 That the City Clerk is hereby directed to mail. certif ied 32 copies of this Resolution to members of the City's local delegation 33 to the General Assembly. 34 Adopted by the Council of the City of Virginia Beach, 9 March 35 Virginia, on the day of , 1993. 36 CA-5039 37 ORDIN\NONCODE\BRIDGE.RES 38 R-2 39 PREPARED: 03/02/93 - 40 - Item III-M.1. b. NEW BUSINESS ITEM # 36606 Upon motion by Councilman Clyburn, seconded by Councilman Branch, City Council ADOPTED: Resolution requesting the Commonwealth Transportation Board and the Yrginia Department of Transportation (VDOT) cause installation re noise abatement measures on Route 44 for the benefit of residents in the Subdivision of Pocahontas Vllage. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor ~ll iam D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 1 A RESOLUTION REQUESTING THE COMMONWEALTH 2 TRANSPORTATION BOARD AND THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION TO CAUSE THE 4 INSTALLATION OF NOISE ABATEMENT MEASURES ON 5 ROUTE 44 FOR THE BENEFIT OF THE SUBDIVISION OF 6 POCAHONTAS VILLAGE 7 WHEREAS, the Department of Transportation recently 8 concluded a study of noise abatement along Route 44 in the vicinity 9 of the subdivision of Pocahontas Village; 10 WHEREAS, according to such study, forty-five (45) 11 residential properties and a church are receiving noise impacts 12 from traffic on Route 44; 13 WHEREAS, such noise impacts are extremely disruptive to 14 the lives of the persons affected and cannot be abated by their own 15 efforts; 16 WHEREAS, the collection of tolls on Route 44 provides a 17 substantial funding source from which the cost of noise abatement 18 measures can be paid; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That the Commonwealth Transportation Board and the 22 Virginia Department of Transportation are hereby requested to: 23 (1) Perform all necessary acts to cause the installation 24 of noise abatement measures along Route 44 for the protection and 25 benefit of the residents of Pocahontas Village who are affected by 26 noise impacts from Route 44; 27 (2) To amend or waive any provisions of the State Noise 28 Abatement Policy requiring localities to have a noise abatement 29 ordinance and to participate in the cost of noise abatement 30 measures, or requiring that noise abatement measures be undertaken 31 only in connection with ongoing highway projects: and 32 33 34 35 36 37 38 39 40 41 42 43 44 (3) To fund the cost of such noise abatement measures from Route 44 toll collections. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to forward a true copy of this Resolution to the Secretary of Transportation and to the Commonwealth Transportation Commissioner. Adopted by the Council of the City of Virginia Beach on the 9 day of March ~ 19 9 3. CA-93-5040 \wmordres~noise.res R-1 3-3-93 2 - 41 - Item III-M.1. c. NEN' BUSINESS ITEM # 36607 Benjamin O. Tayloe, Post Of,~ce Box 37, Montross, Vrginia 22520, Phone: (804) 493-8488, represented the National Association for a Balanced Federal System Upon motion by Yce Mayor Sessoms, seconded 6y Councilman Baum, City Council ADOPTED: Resolution requesiing the United States Congress AMEND Article Five of the United States Constitution in order to restore balance in the Federal System. Yoting: 6-S Council Members Yoting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R Jones, and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: Robert K Dean Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None March 9, 1993 A RESOLUTION REQUESTING CONGRESS TO AMEND ARTICLE FIVE OF THE UNITED STATES CONSTITUTION IN ORDER TO RESTORE BALANCE IN THE FEDERAL SYSTEM. WHEREAS: A number of decisions of the United States Supreme Court in the last twenty-five years have created great imbalance in the federal system between the states and the federal government; WHEREAS: These decisions include Garcia v. San Antonio Metropolitan Transit Authoritv in 1985 and South Carolina v. Baker in 1988; WHEREAS: These decisions in effect, place state and local governments in a position that is no different from interest groups that must lobby Congress to protect their interests; WIiEREAS: The United States Advisory Commission on Intergovernmental Relations has been examining this issue since 1985; and WHEREAS: The work of the Advisory Commission on Intergovernmental Relations has culminated in a recommendation that the Constitution be amended to rebalance the federal system. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the United States Congress is hereby requested to amend Article Five of the United States Constitution to provide for State-initiated amendment proposals so that amendments to the Constitution can be made by adoption by three/fourths of the legislatures of the states; and BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to forward a certified copy of this Resolution to the entire Virginia Congressional Delegation so that they might know the intent of City Council. Adopted by the Council of the City of Virginia, on the 9th day of March, 1993. Virginia Beach, _____. u,t a g e~ Sm , C,i,ty C.~e~r.fz - 42 - Item III-M.l.d. NEW B USINESS 1 TEM # 36608 Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 23 of the Code of the City of Vrginia Beach, Vrginia, by ADDING Section 23-61 re movie arcades. Yoting: 11-0 Council Members Yoting Aye: John A. Baum, Linwo~od O. Brancl~ III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None March 9, 1993 Requested by Councilmember Louis R. Jones 1 AN ORDINANCE TO AMEND AND 2 REORDAIN CHAPTER 23 OF THE CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA BY ADDING A SECTION 2 3- 5 61 MOVIE ARCADES. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 23-61 of the Code of the City of Virginia Beach, 9 Virginia, is hereby added to read as follows: 10 Section 23-61. Movie Arcades. 11 ~ For purposes of this sectionj the following words and 12 phrases shall be construed as follows: 13 ~ Movie Arcade. The term "movie arcade" means anv 14 business wherein a film or videotape viewing 15 device is operated. 16 ~2. Film or videotape viewing device. The term "film 17 or videotape viewinq device" means any electrical 18 or mechanical device in a business, which 19 projects or displays any film, videotape or 20 reproduction into a viewing area obscured by a 21 curtain, door , wall, or other enclosure which is 22 designed for occupancy by no more than f ive (5) 23 persons, and is not visible from a continuous 24 main aisle. 25 ~ Viewinq area. The term "viewing area" means the 26 area where a patron or customer would ordinarilv 27 be positioned while watching a f ilm or videotape 28 viewing device. 29 ~ It shall be unlawful for any person in the city to own, 30 maintain or operate, for himself or as an employee or agent a movie 31 arcade where the viewing area is not visible from a continuous main 32 aisle and is obscured by any curtainl door, wall, or other 33 enclosure. 34 ~ Any person who violates the provisions of this section 35 shall be guilty of a Class 1 misdemeanor. 36 ~ All persons requlated pursuant to this section shall 37 com~lv with said section within thirtv (30~ davs of the effective 38 date of the section. 39 Adopted by the Council of the City of Virginia Beach, Virginia 4 0 on the 9 day of March ~ 1 g 9 3 41 CA-4740 42 \ORDIN\PROPOSED\23-061.PR0 43 R-1 2 - 43 - ADJOURNMENT ITEM # 36609 Due to a power black out, Mayor Oberndorf DECLARED the Meeting ADJOURNED at 4:30 P.M. __~ _~~y,%~ _____ ~ Beverly O. Hooks, CMC Chief Deputy City Clerk ~ _ ,~1~~2~r1~ ------- Ruth Hodges Smith, CMC/AAE City Clerk City of Vrginia Beach Vrginia Meyera E. Oberndorf Mayor March 9, 1993