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Home My WebLink AboutFEBRUARY 9, 1993 MINUTES LlTY COL ~CIL Cit~r c>f' VTirgir-1ia I3each "WORLD'S LARGEST RESORT CITY" \14}UR '..inERA E OBERNDORF 41 L,¡rgc \ I( E \1A YOR WILLIA\1 D SESSOMS JR At Large JOI/\ 4 B4U'v1 Bla,kuatcr &rough LI \ \\ ()()[! 0 BRA,\C H III VIrginIa Beach &rou!!,h I \\11:'> I!. BR \ZIER JR I ,nni¡au!n &rvugh J<rJBLPT I!. CD BURS Kernp'lIlIe Borough RORLRT K DEA/\ Pnnce" Anne Borough lOllS R 10'11:5 Ba\<rde Borough "'4C I J L"'NTEIG\iE Puni1.° Borough !O/!\ D >"lOS:, At Large \ 4 \L} k P4RKER At Large J '" >"It~ II. SPORt. C,t\ Manager 1 f .,LlE L LlLLE't C,t\ Attarne; Pl 1/1 t/UUGLS :,\1ITH CMC -\AE C,I' Clerk CITY COUNCIL AGENDA 281 CITY H4U BUIWING MUNICIPAL CElvTER VIRGI.\iI4 BEACH VIRGINI4 234509005 18041 42ì 4303 I. A. II. A. III. A. FEBRUARY 9, 1993 CITY MANAGER'S BRIEFINGS - Council Chamber - 9:00 AM VIRGINIA DEPARTMENT OF TRANSPORTATION PREALLOCATION HEARING / TRANSPORTATION IMPROVEMENT PROGRAM Ralph A. Smith, Director, Public Works B. NEW CHALLENGES / NEW OPPORTUNITIES / NEW DIRECTIONS WHITE PAPERS SUMMARY OF FIVE-YEAR BUDGET FORECAST OPTIONS E. Dean Block, Director, Management and Budget INFORMAL SESSION - Council Chamber - 12:30 PM CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION FORMAL SESSION - Council Chamber - 2:00 PM CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jerry Holcomb Kings Grant Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - February 2, 1993 G. COUNCIL COMMITTEE REPORT 1 . 1986 BOND REFERENDA William A. Schlimgen, Chairman H. RESOLUTION/OR DI NANC ES 1 . Resolution referring to the Planning Commission proposed Amendments to Sections 101 and 104 of the Chesapeake Bay Preservation Area Ordinance re the inclusion of lands within the Owl Creek Watershed. (Sponsored by Council Member Nancy K. Parker) Deferred : February 2, 1993 2. Ordinance to TRANSFER $80,000 from Reserve for Contingencies to the General Services Department re replacing public access stairs at Sand bridge Beach. 3. Ordinances re lifeguard and beach equipment rental services on portions of the public beach adjacent to the Atlantic Ocean: a. OCEAN RENTALS, LTD.: (1 ) TRANSFERRING $10,796 from the Reserve for Contingencies-Regular Account to Parks and Recreation/Parks and Beaches Division re fully funding services at the Sandbridge Area and Little Island Park public beaches for the first two (2) months of the franchise agreement. (2) Granting a Franchise at Sand bridge Area Beaches (Sandbridge Public Beach and Little Island Park) for a term of four (4) years and eight (8) months, from May 1, 1992, to December 31, 1997 b. VIRGINIA BEACH UFESAVING SERVICE, INC.: (1 ) TRANSFERRING $24,968 from the Reserve for Contingencies-Regular Account to Parks and Recreation/Parks and Beaches Division re fully funding services at the Resort, Fort Story, Croatan and Camp Pendleton public beaches for the first two (2) months of the franchise agreement. (2) Granting a Franchise at the Resort Area Beaches (commonly referred to as the Pendleton, Croatan, Resort Strip and Fort Story Beaches) for a term of four (4) years and eight (8) months, from May 1, 1992, to December 31, 1997 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 directing City Manager proceed with execution of Public Recreation and Construction Easement Agreements; and, directing the City Manager obtain voluntary dedications from private property owners to establish perpetual easements re construction and maintenance of a public recreation beach at Sandbridge. 2. Ordinance to AMEND and REORDAIN Section 23-48 of the Code of the City of Virginia Beach, Virginia, re open storage of junk. J. 3. Ordinance to ACCEPT and APPROPRIATE $102,099 associated with the Comprehensive Service Act for At-Risk Youth and Families re Early Intervention Child/Parent Services and Community/lntensive In-Home Services. 4. Ordinance to APPROPRIATE $22,694 from the General Fund Balance to the FY 1992- 1993 Operating Budget of the Department of Convention and Visitor Development in fulfillment of dedicating one-half (1/2)-cent in Hotel/Motel Tax Revenues re Special Events. 5. Ordinance TRANSFERRING a part-time temporary employee from the City Attorneys Office to the City Treasurer and establishing that full-time permanent position in the Office of the City Treasurer to process Bankruptcy claims. 6. Ordinance to AMEND the 1992-1993 Community Development Block Grant Final Statement of Objectives to add the Burton Station Relocation Project. PUBUC HEARING 1. PLANNING BY CONSENT a. Recommendation: APPROVAL b. Application of TUMBLE FOR FUN, LP., d/b/a! DISCOVERY ZONE for a Con iti nal Use Permit for an i oor recreation center for hildren in Unit #38, Hilltop North Shopping Center (774 Hilltop North) containing 21 ,418 square feet more or less (L YNNHA VEN BOROUGH). Recommendation: APPROVAL c. Ordinance for the discontinuance. closure and~onment of the following parcels in the petition of VIRGINIA BEACH MARLIN CLUB, INC. and WALTER CASON BARCO (VIRGINIA BEACH BOROUGH): Parcel 1: Portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of forty-eight (48) feet along the Northern property line (Southern boundary of Block 30, Shadow Lawn Heights) and running in a Southeasterly direction to the Southwest intersection 0 Greensboro Avenue and Mediterranean Avenue, containing 1327 square feet. Parcel 2: Portion of Mediterranean Avenue, running a distance of forty-one (41) feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1547 square feet. Deferred for Compliance: Additional Deferral: January 28, 1992 August 11, 1992 Recommendation: CONTINUE DEFERRAL FOR COMPUANCE - TWELVE MONTHS 2. K. APPOINTMENT d. Ordinance for the discontinuance. closure and~onment of a ~ ~ between 2nd Street and 3rd Street beginning at the Eastern boundary of Pacific Avenue and running in an Easterly direction a distance of 119.42 feet, containing 2365.5 square feet, in the Petition of HERMAN, INC. (VIRGINIA BEACH BOROUGH). Deferred for Compliance: August 11, 1992 Recommendation: FINAL APPROVAL PLANNING a. Applications of NORMA R. LANCASTER for ndit' n I C n e of 0 in Classifications at 615 Dam Neck Road (PRINCESS ANNE BOROUGH): istrict From . ri t to 1 . i C m . r' on the South side of Dam Neck Road, 80 feet more or less West of Bold Ruler Drive, containing 1 .63 acres; AND, Recommendation: APPROVAL b. Application of U.S. FIBERGLASS PRODUCTS, INC., t/a WAVE RIDING VEHICLES for a n itio a U e r i for a f I f cil' f an outdoor nature ~arQ rampl at the Northwest corner of Cypress Avenue and 19th Street, containing 19,801 square feet more or less (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL PERSONNEL BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution requesting the United States Secretary of the Interior, acting through the management of the Back Bay Wild Life Refuge and the Virginia conservation and Recreation Department, acting through the management of False Cape State Park, take immediate measures to locate suitable permanent pasturage for ponies recently captured in Back Bay Wildlife Refuge. (Sponsored by Council Member Paul J. Lanteigne) N. RECESS INTO EXECUTIVE SESSION O. CERTIFICATION OF EXECUTIVE SESSION P. ADJOURNMENT ********** SCHEDULE FV 1993-1994 OPERATING BUDGET TUESDAY, MARCH 30, 1993 12:00 NOON (City Council Special Session) Council Chamber THURSDAY, APRIL 15, 1993 **PUBUC HEARING** Green Run High School 7:00 PM THURSDAY, APRIL 29, 1993 **PUBUC HEARING** Princess Anne High School 7:00 PM ********** If you are physically disabled, hearing or visually Impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM ********** 1 2!4/93mlm/cmd AGENDA\2-9-93.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 9, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 9, 1993, at 9:00 A.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 and Nancy K Parker Council Members Absent: VIce Mayor WIlliam D. Sessoms, Jr. (ENTERED: 11:50 A.M.) -2- C I T Y MAN AGE R 's B R I E FIN G S ITEM #36497 The following topics were discussed: VIRGINIA DEPARTMENT OF TRANSPORTATION REALLOCATION HEARING/TRANSPORTATION IMPROVEMENT PROGRAM Ralph A. Smith, Director, Public Works PhiUip Davenport, Administrative Services Co-ordinator, Public Works NEW CHALLENGES / NEW OPPORTUNITIES / NEW DIRECTIONS WHITE PAPERS SUMMARY OF FIVE-YEAR BUDGET FORECAST OPTIONS E. Dean Block, Director, Management and Budget February 9, 1993 -3- ITEM #36498 Mayor Meyera E. Obemdorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 9, 1993, at 12:30 P.M. Voting: 11-0 Council Members Voting 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 Voting Nay: None Council Members Absent: None February 9, 1993 -4- ITEM #36499 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of VIrginia, as amended, for the following purposes: . Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To- Wit: Appointments - Boards and Commissions: Personnel Board Performance Evaluations: Council Appointees ~: Consultation with legal counselor briefings by staff members, consultants or attorneys pertaining to actual or probable litigation, or other specific legal 11Ultters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). To- Wit: Reapportionment Upon motion by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: 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 William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III February 9, 1993 -5- FORMAL SESION VIRGINIA BEACH CITY COUNCIL February 9, 1993 2:00 PM. 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, February 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 Jerry Holcomb Kings Grant Baptist Church February 9, 1993 -6- ~ CERTIFICATION OF EXECUTIVE SESSION ITEM 1136500 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by VIrginia law were discussed in Executive Session to which this certification resolution applies,. AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by VIrginia Beach City Council. Voting: 11-0 Council Members Voting 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 Voting Nay: None Council Members Absent: None February 9, 1993 £1'liO ution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Vlrglnla Beach Clty Councll convened lnto EXECUTIVE SESSION, pursuant to the afflrmatl ve vote recorded in ITEM # 36499, Page No.4, and In accordance wi th the provlslons of The Virginia Freedom of Information Act; and, WHEREAS: Sectlon 2.1-344.1 of the Code of Vlrglnla requlres a certification by the governlng body that such Executl ve Session was conducted In conformlty wlth Vlrglnia law. NOW, THEREFORE, BE IT RESOLVED: That the Vlrglnia Beach City Councll hereby certlfles that, to the best of each member's knowledge, (a) only publlc buslness matters lawfully exempted from Open Meetlng requlrements by Vlrginla law were discussed In Executl ve Sesslon to whlch thls certlficatlon resolutlon applles; and, (b) only such publlc buslness matters as were ldentifled In the motlon convenlng this Executl ve Session were heard, dlscussed or consldered by Vlrglnla Beach Clty Councll. ~1'~ ~ R th Hodges Smlth, CMC/AAE Clty Clerk February 9, 1993 -7- ~ MINUTES ITEM #36501 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 2, 1993. Voting: 11-0 Council Members Voting 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 Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 9, 1993 -8- ~ RECOGNITION ITEM 1136502 Mayor Oberndorf introduced the following students: Edward DeGuia Chai171Uln City-wide SCA SCA president - Salem High School Mary Sheriff Chai171Uln CARE Benefa Concert Senior Class VIce President Kempsville High School Mitzi Reinhold Co-Chairman CARE Benefa Concert 2nd VIce-President SCA Princess Anne High School The City-wide SCA was established in 1975 with the purpose to promote co-operation, friendship and service among secondary schools of VIrginia Beach. It serves as a formum where student leaders share ideas and participate in events that benefit their respective schools as well as their community. This year the City-wide SCA selected the VIrginia Beach CARE program as a student-participation project. The students presented a check in the amount of $1,991.37 for VIrginia Beach CARE. The VIrginia Beach CARE Committee was created in November 1990 to complement the efforts of community policing in VIrginia Beach. It provides residents with the necessary tools for community rehabilitation and serves without budgeted funds. Carol WIlliams, Department of Housing and Neighborhood Preservation, expressed appreciation for the most generous donation. The symbol for CARE is the "open hand". February 9, 1993 -9- ~ COUNCIL COMMITTEE REPORT ITEM #36503 William A. &hlimgen, Chairman - Bond Referendum Committee, reported on expenditures and obligations incurred by the City through December 31, 1992, on Highway and School Projects related to the 1986 Referendum, Community Center Projects related to the 1987 Referendum, School Projects related to the 1989 Referendum, and the Lake Gaston Water Resource Project approved in the 1988 Referendum. Concerning the 1986 Highway Referendum, the Fe"eU Parkway, Independence Boulevard Phase II-A, IndÚln River Road, Northampton Boulevard, General Booth Boulevard and two Lynnhaven Parkway projects are complete. Construction is scheduled to begin on Independence Boulevard, Phase W -A in April 1994. Of $40,000,000 authorized, 92.1%, or $36,859,156, has been contracted. Relative the 1987 Recreation Center Referendum, the Great Neck, Bayside and Bow Creek facilities are open to the public. The Princess Anne Community Center project is 62.5% complete. Through December 31, 1992, $32,054,764, or 97.6%, of the $32,850,000 total has been contracted. With reference to the 1986 School Referendum, negotiations are underway for the Various School Site Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, TaUwood and Glenwood Elementaries. Sites for Landstown (formerly Green Run) Elementary and Middle School and Strawbridge (formerly London Bridge) Elementary School have been acquired. Construction is scheduled to begin on Ocean lAkes High School in January 1993. Corporate Landing Elementary School is 35% complete. Funds totaling $32,175,565, or 99.6% of the $32,310,000 authorized, have been contracted. Concerning the 1989 School Referendum, work is complete on the original thirteen elementary school gymnasium additions with construction on the addition at Old Donation Center for the Gifted and Talented beginning December 1992. Work is complete on Strawbridge Elementary and the Bayside and KeUam High School modernization. Construction of the Tallwood High, Landstown Elementary and Landstown Middle School projects is 99%, 99%, and 99.9% complete, respectively. Of $68,375,000 authorized, $66, 016,153, or 96.9%, has been contracted. Relative the 1988 Lake Gaston Water Resource Project Referendum, work on this project has been delayed by court injunction requiring the City to await an approval from the Federal Energy Regulatory Commission. However, in December 1991, a Federal Appeals Court ruled construction could begin on the overhead crossings (Contract B1) and the below-ground portion of the pump station (part of Contract D1). Construction has begun on B1 and the authorized portion of D1, and is 19% and 28% complete, respectively. Of $161,522,000 authorized, $25,256,962, or 15.6%, has been contracted. February 9, 1993 - 10 - l1m1...lll.=lL. RES OL UTI 0 NI ORDINANCES ITEM #36504 Upon motion by Council Lady Parker, seconded by Councilman Brazier, City Council ADOPTED: Resolution Directing the Planning Commission to study and develop a Watershed Protection Ordinance pertaining to the Owl Creek Watershed. The verbiage reflecting Amendments to Sections 101 and 104 of the Chesapeake Bay Preservation Area Ordinance had been DELETED. Voting: 10-1 Council Members Voting Aye: 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. Obemdorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum Council Members Absent: None February 9, 1993 10 11 12 13 14 15 Requested by Councilwoman Nancy K. Parker 1 2 3 4 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO STUDY AND DEVELOP A WATERSHED PROTECTION ORDINANCE PERTAINING TO THE OWL CREEK WATERSHED 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That the Planning Commission is hereby directed to study 8 and develop a watershed protection ordinance pertaining to the Owl 9 Creek Watershed by no later than August 31, 1993. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nlnth day of February, 1993. CA-93-5009 \wmordres\owlcr.res R-1 2-2-93 - 11 - l1!æ!..lIl=lL1 RES OL UTI ON/ORDINANCES ITEM #36505 A motion was made by Councilman Lanteigne, seconded by Councilman Branch to ADOPT an Ordinance to TRANSFER $80,000 from Reserve for Contingencies to the General Services Department re replacing public access stairs at Sandbridge Beach. Upon SUBSTITUTE MOTION by Councilman Brazier, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to TRANSFER $80,000 $40. O{)() from Reserve for Contingencies to the General Services Department re replacing public access stairs at Sandbridge Beach. The City Staff shall repair five sets of stairs and thirteen public access stairs shall be rebuilt by contract for a total of eighteen access points. Councilman Moss requested in the forthcoming operating budget this item be incorporated into the Risk Management Pool for the General Services Department. The City would not have to continually look into the Reserve for Contingencies to finance this item, as it is a reoccurring liability to the City. Councilman Moss also requested he be advised of the outstanding balance of the Reserve for Contingencies. Voting: 6-5 Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, Louis R. Jones, Paul J. Lanteigne and VIce Mayor William D. Sessoms, Jr. Council Members Absent: None February 9, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 2 3 4 AN ORDINANCE TO TRANSFER FUNDS OF $40,000 FROM RESERVE FROM CONTINGENCIES TO THE GENERAL SERVICES DEPARTMENT FOR REPLACING PUBLIC ACCESS STAIRS AT SANDBRIDGE BEACH 5 WHEREAS, in the spring of 1992, City Council authorized replacement of 6 wooden stairs at all bulkheaded public access points at Sandbridge; 7 WHEREAS, during the past fall and winter seasons, most of the stairways 8 were once again destroyed or damaged by storms and heavy surf; 9 WHEREAS, until the beach is significantly widened, the storms and heavy surf are expected to damage or destroy the wooden stairways every year with the annual repair cost estimated at $40,000; WHEREAS, the cost of replacing the stairs was not included in the FY 1992-93 Operating Budget resulting in the need to transfer from General Fund Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $40,000 are hereby transferred from General Fund Reserve for Contingencies to the General Services Department operating budget to repair five sets of damaged stairs and replace thirteen public access stairs at Sandbridge. This ordinance shall be effective on the date of its adoption. 9 Adopted by the Council of the City of Virginia Beach, Virginia on the day of February , 1993. .APPROVED AS TO CONTE.NT ~~~~ Deot of Management and Budget - 13 - l1m1..1Il=.L.L. CONSENT AGENDA ITEM #36507 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE MOTION Items 2, 3, 4, and 5 of the CONSENT AGENDA. Item 1 and 6 were pulled for a separate vote. Voting: 11-0 Council Members Voting 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 Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman Moss voted a VERBAL NAY on Item 1II-I5 of the CONSENT AGENDA. February 9, 1993 -14 - I1f:m.Jl/.=.LL. CONSENT AGENDA ITEM 1#36508 Attorney Ed Bourdon, Pembroke One Fifth Floor, Phone: 499-8971, represented the Sandbridge Oceanfront Property Owners Association The following registered in SUPPORT of the Ordinance, but WAIVED the right to speak: George Owens, 2216 Sandfiddler Road, Phone; Properties Association Molly Brown, 3232 Sandpiper Road, represented Friends of Back Bay and Save our Sandbridge Thomas E. Fraim, 2461 Sandfiddler Road, Phone: 721-3366, represented the Sandbridge Beach Civic League 426- 2400, President of Sandbridge Oceanfront The following spoke in OPPOSITION: Chuck Traub, 784 Glasgow Court, Phone: 340-9056. Statement is hereby made a part of the record. A motion was made by Councilman Lanteigne, seconded by Vice Mayor Sessoms, to ADOPT a Resolution directing the City Manager proceed with execution of Public Recreation and Construction Easement Agreements; and, directing the City Manager obtain voluntary dedications from private property owners to establish perpetual easements re construction and maintenance of a public recreation beach at Sandbridge. Upon SUBSTITUTE MOTION by Councilman Jones, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY (pending a resolve of funding issues): Resolution directing the City Manager proceed with execution of Public Recreation and Construction Easement Agreements; and, directing the City Manager obtain voluntary dedications from private property owners to establish perpetual easements re construction and maintenance of a public recreation beach at Sandbridge. Voting: 6-5 Council Members Voting Aye: John A. Baum, Robert K Dean, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: Linwood o. Branch, III, James W. Brazier, Jr., * Robert W. Clyburn, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None *Councilman Brazier changed his AYE vote to a VERBAL NAY. February 9, 1993 - 15 - I1m1..1JJ.=.L2. CONSENT AGENDA ITEM 1#36509 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 23 -48 of the Code of the City of Virginia Beach, Virginia, re open storage of junk. Voting: 11-0 Council Members Voting 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 Voting Nay: None Council Members Absent: None February 9, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-48 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO OPEN STORAGE OF JUNK 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That section 23-48 of the Code of the City of Virginia Beach, 8 Virginia, is hereby amended and reordained, to read as follows: 9 section 23-48. open storage of rusted, junked, etc., machinery, equipment, etc. (a) It shall be unlawful for any person to place or leave, on any property in the city, any dilapidated furniture, appliance, machinery, equipment, building material or other item, which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and which is not completely enclosed within a building. Any such item which remains on the property for a period of ten (lOr seven CZl days after notice of violation of this section is given to the owner of such property shall be presumed to be abandoned and subject to being removed from the property by the city or its agents without further notice. In the event any such item is so removed, the cost of removal, including an administrative one in hundred fee the amount of dollars ($100.00), shall be charged to the owner of the property. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner shall constitute a lien upon the property and may be collected in any manner provided by law for the collection of taxes. (b) This section shall not apply to any licensed junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment. (c) A violation of this section shall constitute a Class 1 misdemeanor. In addition to any other remedy provided herein, the 33 34 35 36 37 38 39 40 41 42 43 44 housing code administrator may institute legal action to enjoin the continuing violation of this section. (d) The provisions of this section shall not apply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes. ADOPTED BY THE 9 COUNCIL OF THE CITY February BEACH, OF VIRGINIA VIRGINIA, ON THE DAY OF , 1993. CA-4969 ORDIN\NONCODE\23-48.pro R-1 PREPARED: December 28, 1992 APP OY.ED A. ~ TY1/¡C6j'~ I ~- (}'.; L , .z!)tù_~!t~ SiGNA 1URE DEPARTMENl APPROVED AS TC) LFGAl SUFFICIENCY At'--!J~_" v\ ¿;;)PE~*~-: . ( ~r 2 - 12 - l1mLlll=lLl RES OL UTI 0 N /0 RD lNAN CES ITEM #36506 The following spoke in SUPPORT of the Ordinance: Attorney Donald H. Clark, represented nrginia Beach Lifesaving Service, Inc. R. L. Kent Hinnant, represented nrginia Beach Lifesaving Service, Inc. Upon motion by nce Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED: Ordinances re lifeguard and beach equipment rental services on portions of the public beach adjacent to the Atlantic Ocean: OCEAN RENTALS, LTD.: TRANSFERRING $10,796 from the Reserve for Contingencies -Regular Account to Parks and Recreation/Parks and Beaches Division re fuUy funding services at the Sandbridge Area and Little Island Park public beaches for the first two (2) months of the franchise agreement. Granting a Franchise at Sandbridge Area Beaches (Sandbridge Public Beach and Little Island Park) for a term of four (4) years and eight (8) months, from May 1, 1993, to December 31, 1997 VIRGINIA BEACH LIFESAVING SERVICE, INC.: TRANSFERRING $24,968 from the Reserve for Contingencies -Regular Account to Parks and Recreation/Parks and Beaches Division re fuUy funding services at the Resort, Fort Story, Croatan and Camp Pendleton public beaches for the first two (2) months of the franchise agreement. Granting a Franchise at the Resort Area Beaches (commonly referred to as the Pendleton, Croatan, Resort Strip and Fort Story Beaches) for a term of four (4) years and eight (8) months, from May 1, 1993, to December 31, 1997 Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Obemdorf and nce Mayor William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss and Nancy K Parker Council Members Absent: None February 9, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 3 4 5 AN ORDINANCE TO TRANSFER $10,796 FROM THE RESERVE FOR CONTINGENCIES-REGULAR ACCOUNT TO PARKS AND RECREATION/PARKS AND BEACHES DIVISION FOR THE PURPOSE OF FULLY FUNDING LIFEGUARD AND BEACH EQUIPMENT RENTAL SERVICES PROVIDED BY OCEAN RENTALS, LTD. AT THE SANDBRIDGE AND LITTLE ISLAND PARK PUBLIC BEACHES FOR THE FIRST TWO MONTHS OF THE FRANCHISE AGREEMENT 6 WHEREAS, the City of Virginia Beach has contracted with Ocean Rentals Ltd. to provide lifeguard 7 and beach equipment rental services to the Sand bridge and Little Island Park public beaches from May 8 1, 1993 through December 31, 1997; 9 WHEREAS, In the FY92-93 operating budget, the City of Virginia Beach IS required by the franchise agreement to pay Ocean Rentals Ltd. $31,897 on or before June 15, 1993; WHEREAS, the City of Virginia Beach Department of Parks and Recreation's Parks and Beaches DivIsion has approprIations in its .Other Contractual Services. account totalling $21,101 for this payment, and needs an additional $10,796 to fully fund the first payment; WHEREAS, funds are available In the .Reserve for Contingencies-Regular" account to transfer for this purpose; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to transfer $10,796 from the .Reserve for Contingencies-Regular" account to the Department of Parks and Recreation/Parks and Beaches DIvision's .Other Contractual Services. account for the purpose of fully funding the June 15, 1993 payment to Ocean Rentals Ltd pursuant to the franchise agreement between the City of Virginia Beach and Ocean Rentals Ltd. for provIsion of lifeguard and beach equipment rental services at Sandbndge and Little Island Park public beaches. This ordinance shall be effective from the date of Its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of February, 1993. Ninth APPROVED AS TO CONTENT / / ~ ~ Ø7. - -,.,-'7 /,' , - ~~~ ~~~ /' DEPARTMENT OF MANAGEMENT AND BUDGET ,.z.= ! - 0-- -. \ .,.,.=-:.:..--,. ~:r.~~ :--r::-I ,. ~ - ".~-'" i("'>-;-""- , . ¡/ - ,:, I"'" t , I, r " , . . if 't! \ -~:. fJ 'h:..,~~-- ~~~ -~ . ~ r H .- .....~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE GRANTING UNTO OCEAN RENTALS LTD. A FRANCHISE FOR A TERM OF FOUR (4) YEARS AND EIGHT (8) MONTHS FROM MAY 1, 1993, TO DECEMBER 31, 1997, TO USE THAT PORTION OF THE PUBLIC BEACH, ADJACENT TO THE ATLANTIC OCEAN, KNOWN AS THE SANDBRIDGE AREA BEACHES (SANDBRIDGE PUBLIC BEACH AND LITTLE ISLAND PARK) FOR THE PURPOSE OF CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL OPERATIONS, IN CONSIDERATION FOR THE PROVISION OF LIFEGUARD AND OTHER SERVICES AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION AS THE CITY AND OCEAN RENTALS LTD. MAY AGREE UPON, CONDITIONED ON ITS EXECUTION OF A FRANCHISE AGREEMENT, AND ITS COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS THEREOF WHEREAS, the City of Virginia Beach has decided to provide services Sandbridge Area lifeguard and other at the beaches; WHEREAS, the City has further decided to provide for the rental beach equipment the visitors beach at the to of of Sandbridge Area beaches; WHEREAS, the City has determined that the provision of lifeguard and other services and the rental of beach equipment at the Sandbridge Area beaches can be accomplished more effectively at this time by an independent contractor; WHEREAS, the City advertised a Request for Proposals (RFP #1458) for the provision of lifeguard and other services and the rental of beach equipment at the Sandbridge Area beaches; WHEREAS, the City received a proposal in response to RFP #1458 which was from Ocean Rentals Ltd.; WHEREAS, the City desires to grant a franchise to Ocean Rentals Ltd. to use that portion of the public beaches, adjacent to the Atlantic Ocean, known as the Sandbridge Area beaches for the purpose of conducting rental certain operations in beach consideration for the provision of lifeguard and other services and for such other good and valuable consideration as the City and Ocean Rentals Ltd. may agree upon; WHEREAS, the City has developed a Franchise Agreement which sets forth the minimum requirements for the provision of lifeguard and other services and beach equipment rental operations on the beach at the Sandbridge Area beaches; and 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 WHEREAS, Ocean Rentals Ltd. will be required to execute, and to comply with the terms and conditions of the Franchise Agreement as a condition of the grant of the Franchise and the continued existence thereof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted unto Ocean Rentals Ltd. for a term of four (4) years and eight (8) months from May 1, 1993, to December 3 1 , to use that portion of the public 1997, beach, adjacent to the Atlantic Ocean, known as the Sandbridge Area beaches, commencing at Sandbridge Road, southward nine hundred and fifty (950) feet (Sandbridge Public Beach), and Little Island Park Beach, for the purpose of conducting certain beach equipment rental operations in consideration for the provision of lifeguard and other services and for such other good and valuable consideration as the City and Ocean Rentals Ltd. may agree upon, conditioned on its execution of the Franchise Agreement, and its compliance with all of the terms and conditions thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nlnth February , 1993. day of CA-5006 OCEANREN.ORD R-2 02/03/93 N'ED AS TO cpNTf~ 'l' ) ~^ß) p~~:~~ ~D_-J ¡ . AFL-;~.~\<T' '~.. tJ ~~GÂt ?!t~.~RM - I - ----~ ~- ~ CiTY; ATTORNETf 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 AN ORDINANCE TO TRANSFER $24,968 FROM THE RESERVE FOR CONTINGENCIES-REGULAR ACCOUNT TO PARKS AND RECREATION/PARKS AND BEACHES DIVISION FOR THE PURPOSE OF FULLY FUNDING LIFEGUARD AND BEACH EQUIPMENT RENTAL SERVICES PROVIDED BY VIRGINIA BEACH LIFESAVING SERVICE, INC AT THE RESORT FOR THE FIRST TWO MONTHS OF THE FRANCHISE AGREEMENT 6 WHEREAS, the City of Virginia Beach has contracted with Virginia Beach Lifesaving Service Inc. 7 to provide lifeguard and beach equipment rental services to the Resort, Fort Story, Croatan and Camp 8 Pendleton public beaches from May 1, 1993 through December 31, 1997 at an annual cost of $295,872; 9 WHEREAS, In the FY92-93 operating budget, the City of Virginia Beach is required by the franchise agreement to pay Virginia Beach Lifesaving Service Inc. $73,968 on or before June 15, 1993; WHEREAS, the City of Virginia Beach Department of Parks and Recreation's Parks and Beaches Division has appropriations in its .Other Contractual Services. account totalling $49,000 for this payment, and needs an additional $24,968 to fully fund the first payment; WHEREAS, funds are available in the .Reserve for Contingencies-Regular" account to transfer for this purpose; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to transfer $24,968 from the .Reserve for Contingencies-Regular" account to the Department of Parks and Recreation/Parks and Beaches DivIsion's .Other Contractual Services. account for the purpose of fully funding the June 15, 1993 payment to Virginia Beach Lifesaving Service Inc. pursuant to the franchise agreement between the City of Virginia Beach and Virginia Beach Lifesaving Service Inc. for provIsion of lifeguard and beach equipment rental services at the Resort. Fort Story, Croatan, and Camp Pendleton public beaches. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach. Virginia on the Ninth February day of , 1993. APPROVED AS TO CONTENT ,.@ ~ ¿ 2-sa / - :¿;:-,f?~ ~ - /" DEPARTMENT OF MANAGEMENT AND BUDGET APPRO\lED AS TO LEGAL 3Ur:!=tC~Et'JCY ~~-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE GRANTING UNTO VIRGINIA BEACH LIFE SAVING SERVICE A FRANCHISE FOR A TERM OF FOUR ( 4 ) YEARS AND EIGHT (8 ) MONTHS FROM MAY 1, 1993, TO DECEMBER 31, 1997, TO USE THAT PORTION OF THE PUBLIC BEACH, ADJACENT TO THE ATLANTIC OCEAN, KNOWN AS THE RESORT AREA BEACHES (COMMONLY REFERRED TO AS THE PENDLETON, CROATAN, RESORT STRIP AND FORT STORY BEACHES) FOR THE PURPOSE OF CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL OPERATIONS, IN CONSIDERATION FOR THE PROVISION OF LIFEGUARD AND OTHER SERVICES AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION AS THE CITY AND VIRGINIA BEACH LIFE SAVING SERVICE MAY AGREE UPON, CONDITIONED ON ITS EXECUTION OF A FRANCHISE AGREEMENT, AND ITS COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS THEREOF WHEREAS, the City of Virginia Beach has decided to provide lifeguard and other services at the resort area beaches; WHEREAS, the City has further decided to provide for the rental of beach equipment to visitors of the beach at the resort area beaches; WHEREAS, the City has determined that the provision of lifeguard and other services and the rental of beach equipment at the resort area beaches can be accomplished more effectively at this time by an independent contractor; WHEREAS, the City advertised a Request for Proposals (RFP #1457) for the provision of lifeguard and other services and the rental of beach equipment at the resort area beaches; WHEREAS, the City received two proposals in response to RFP #1457, one of which was from Virginia Beach Life Saving Service; WHEREAS, the City received a proposal in response to RFP #1457 which was from Virginia Beach Life Saving Service; WHEREAS, the City a desires franchise to grant to Virginia Beach Life Saving Service to use that portion of the public beaches, adjacent to the Atlantic Ocean, known as the resort area beaches, for the purpose of conducting certain beach rental 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 operations in consideration for the provision of lifeguard and other services and for such other good and valuable consideration as the city and Virginia Beach Life Saving service may agree upon; WHEREAS, the City has developed a Franchise Agreement which sets forth the minimum requirements for the provision of lifeguard and other services and beach equipment rental operations on the beach at the resort area beaches; and WHEREAS, Virginia Beach Life Saving Service will be required to execute, and to comply with the terms and conditions of the Franchise Agreement condition grant of the of the as a Franchise and the continued existence thereof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted unto Virginia Beach Life Saving Service for a term of four (4) years and eight (8) months from May 1, 1993, to December 31, 1997, to use that portion of the public beach, adjacent to the Atlantic Ocean, known as the resort area beaches, including the Fort Story Beach, the beach from 40th Street to Rudee Inlet (Resort Area), Croatan Beach, and Camp Pendleton Beach, conducting certain beach f or the purpose of equipment rental operations in consideration for the provision of lifeguard and other services and for such other good and valuable consideration as the City and Virginia Beach Life Saving Service may agree upon, conditioned on its execution of the Franchise Agreement, and its compliance with all of the terms and conditions thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of February , 1993. CA-5007 VBLIFE.ORD R-2 02/03/93 ROVED AS, T~ J2 \_~~ a_ð , .;,.U t h"/tu .= ~ d ~ ~ ~ );:« ~4- -..-z-=Y::J u ¡.f ',:"1' - /' f. -") lEGAL . ., - -'.1 S. ~~;~ FORM ~ CITY ATTORNEY UU!IU}UØJ}I - 16 - I1mLllI=Ll:. CONSENT AGENDA ITEM 1136510 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $102,099 associated with the Comprehensive Service Act for At-Risk Youth and Families re Early Intervention Child/Parent Services and Community/Intensive In-Home Services. Voting: 11-0 Council Members Voting 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. Obemdorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 9, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 AN ORDINANCE TO ACCEPT AND APPROPRIATE $102,099 ASSOCIATED WITH THE COMPREHENSIVE SERVICE ACT FOR AT-RISK YOUTH AND FAMILIES FOR EARLY INTERVENTION CHILD/PARENT SERVICES AND COMMUNITY/INTENSIVE IN-HOME SERVICES 5 WHEREAS, the City Council established the local Community 6 Policy required the Comprehensive by and Management Team as 7 Services Act for At-Risk Youth and Families; 8 WHEREAS, the City of Virginia Beach has received a Trust Fund 9 award associated with the Comprehensive Services Act for At-Risk Youth and Families in the amount of $103,178 for early intervention child/parent services and $244,197 for community/intensive in-home services for a total award of $347,375; WHEREAS, $102,099 of the $347,375 is awarded for FY 92-93 with the remainder to be appropriated in the FY 93-94 Operating Budget; WHEREAS, a total of 7.23 FTE's will be funded with this award with no initial local match required. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funding in the amount of $102,099 and 7.23 FTE's be accepted and appropriated in the FY 1992-93 Operating Budget. Be it further ordained that appropriations be offset by a $102,099 increase in estimated revenue. Adopted by the City Council of the City of Virginia Beach, Nlnth February Virginia, this day of , 1993. This ordinance be effecti ve shall from the date of its adoption. .~ ..:1".=--.",- -""'-=~""::::nK.i.- ~- - -- -~ I \ , APPROVED AS TO CONTE T ~¡ ~~ ;' -'~':-:~.~::O ,< -" ~, ~) 1"', "",.~.~-~ '\" ~ L ~ ..J It-t-' J. H' DEPARTMENTT~RF ~:AGEME~~ ~D BUDGET ~ ;ÞiM¿¡; ,i , ~ ~--JI - 17- ~ CONSENT AGENDA ITEM 1136511 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to APPROPRIATE $22,694 from the General Fund Balance to the FY 1992-1993 Operating Budget of the Department of Convention and VISitor Development in fulfillment of dedicating one- half (1/2)-cent in Hotel/Motel Tax Revenues re Special Events. Voting: 11-0 Council Members Voting Aye: John A. Bawn, 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 Voting Nay: None Council Members Absent: None February 9, 1993 10 11 12 13 14 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $22,694 FROM THE GENERAL FUND BALANCE TO THE FY 1992-93 OPERATING BUDGET OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT IN FULFILLMENT OF DEDICATING ~ CENT IN HOTEL/MOTEL TAX REVENUES FOR SPECIAL EVENTS 6 WHEREAS, on February 19, 1991, Council adopted an ordinance to raise the 7 taxes on hotel and motel lodging by ~ cent at the request of the Hotel/Motel 8 Association and dedicating that tax revenue to support an entertainment program 9 for the City events, provide sporting festivals, other family and to entertainment; WHEREAS, this dedicated revenue is estimated at the beginning of each fiscal year and appropriated to the operating budget of the Department of Convention and Visitor Development, which is tasked with fulfilling Council's ordinance; revenues collected from this dedicated tax exceeded the 15 WHEREAS, actual 16 original estimates in 17 total of $22,694; 18 19 20 21 22 23 24 25 26 27 28 FY 1990-91 by $15,490 and in FY 1991-92 by $7,204, for a WHEREAS, these revenue surpluses from the dedicated tax have lapsed to the City's General Fund Balance for each of the respective fiscal years; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $22,694 in dedicated tax revenues generated from the ~ cent increase in the hotel/motel lodging tax which exceeded original estimates be appropriated from the General Fund Balance to the FY 1992-93 Operating Budget of the Department of Convention and Visitor Development in fulfillment of Council's ordinance for funding special events. This ordinance shall be in effect from the date of its adoption. Adopted the 9 February , 1993, by the Council of the City day of of Virginia Beach. 1--- "f~~(\~IJ.~D AS TO CONTENT r-~~-"1L~->.O:."'>1æ"""""'~" ,='~ ~~ ~.- -...., ~ l'Ior"'::r"'-~fI-~"'" ~o(" ~ ~ !"' .. I 1 ,~. ".:~; ;,"-V , l,.-,'. ""'_:-¡I'I"-, 0, C""" -~1- ... !'-'~ rlv""::' '.Iv " ~ ' 1 :4 ~ I , ,fir, Jr C .,t 'iJ "laolûgelTlent ar"1d Budget swj\hoteltax.ord ... -- - 18- ~ CONSENT AGENDA ITEM 1#36512 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED, AS CORRECTED: Ordinance TRANSFERRING a pal1-time ~ temporary employee from the City Attorney ~ Office to the City Treasurer and establishing that fuU-time permanent position in the Office of the City Treasurer to process Bankruptcy claims. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: None February 9, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 6 AN ORDINANCE TRANSFERRING A FULL- TIME TEMPORARY EMPLOYEE FROM THE CITY ATTORNEY'S OFFICE TO THE CITY TREASURER AND ESTABLISHING A FULL- TIME PERMANENT POSITION IN THE OFFICE OF THE CITY TREASURER 7 WHEREAS, the Office of the City Attorney employs a full-time 8 temporary secretary II at a salary of $15,345.84; 9 WHEREAS, this other duties processes all employee among bankruptcy claims and receives payments from bankruptcy trustees; WHEREAS, the preparation, processing, filing and collection of bankruptcy claims increased significantly total with has collections rising from $59,381 in 1991 to $161,404 in 1992 based upon an average of 500 claims filed; WHEREAS, the function of filing and collecting these funds is more properly located in the City Treasurer's Office; WHEREAS, the preparation and processing of bankruptcy claims and the receipt requires and training bankruptcy funds of continuity of personnel; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective March 1, 1993 a full-time temporary secretary II position and the funding for that position for the remainder of the fiscal year in the amount of $5,506.60 is hereby transferred from the Office of the City Attorney to the City Treasurer's Office; and, further, that the position status be changed to full- time permanent and the City Treasurer's budget be accordingly increased by one full-time equivalent. Adopted Council city of Virginia Beach, by the of the Virginia, on the Nlnth day of February , 1993. CA-5012 ORDIN\NONCODE\EMPLOYEE.RES R-4 PREPARED: 02/10/93 - 19 - ~ CONSENT AGENDA ITEM #36513 The following spoke in SUPPORT of the Ordinance: Issac Herbert, 1264 Tim Road, Phone: 464-5849, represented the Burton Station Civic League Rosetta Valentine, 5833 Sandpit Road, represented Burton Station Civic League E. George Minns, President - NAA CP, Post Office Box 4548, Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to AMEND the 1992-1993 Community Development Block Grant Final Statement of Objectives to add the Burton Station Relocation Project. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne February 9, 1993 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 AN ORDINANCE TO AMEND THE 1992 - 1993 COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT OF OBJECTIVES TO ADD THE BURTON STATION RELOCATION PROJECT WHEREAS, the City of Virginia Beach has approved the Burton Station CIP project which funds the acquisition of land and housing in Burton Station, and WHEREAS, the City desires to provide relocation assistance to residents of the Burton Station Target Neighborhood whose land is acquired by the City, and WHEREAS, the City Council has determined that the use of Community Development Block Grant (CDBG) funds for such purpose is appropriate, NOW, THEREFORE BE IT ORDAINED, that the 1992-1993 Community Development Block Grant Final Statement of Objectives is amended to add optional relocation assistance for Burton Station residents. Adopted by the Council of the City of Virginia Beach on the of February, 1993. 9 day APPJpved 3;s to Contents: I J /)¡í ¡() " / '" } ~11 ¡ / Ii.' v£; Andrew M. Friedman, Acting Director Housing and Neighborhood Preservation Approv~ as to Legal Form ;J 18cdbgam pkg - 20- l1mL.lIbL. PUBUC HEARING ITEM 1136514 Mayor Meyera E. Obemdorf DECLARED a PUBUC HEARING on: PLANNING BY CONSENT 1. (a) MUNDEN FAMILY PARTNERSHIP (b) TUMBLE FOR FUN, L.P., d/b/a DISCOVERY ZONE (c) VIRGINIA BEACH MARLIN CLUB, INC. (d) HERMAN, INC. PLANNING 2. (a) NORMA R. LANCASTER (b) u.s. FIBERGLASS PRODUCTS, INC. TIA WAVE RIDING VEHICLES CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT STREET CLOSURE STREET CLOS URE CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT February 9, 1993 - 21 - Ilm1..llbLL. PUBUC HEARING ITEM #36515 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items 1. a, b, c and d of the PLANNING BY CONSENT agenda. Voting: 7-0 Council Members Voting Aye: 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 Voting Nay: None Council Members Absent: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr. and Louis R. Jones February 9, 1993 - 22- ~ PUBUC HEARING ITEM #36516 PLANNING BY CONSENT Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED the Ordinance upon application of MUNDEN F AMIL Y PARTNERSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MUNDEN FAMILY PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL FACILI1Y (BILLIARDS IN CONJUNCTION WITH A RESTAURANT) RO2931801 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Munden Family Partnership for a Conditional Use Permit for an indoor recreational facility (billiards in conjunction with a restaurant) in Units #106-111, General Booth Shops. Said parcel is located at 1479 General Booth Boulevard and contains 7,892 square feet. PRINCESS ANNE BOROUGH The following condition shall be required: 1. A variance to the parking requirements generated is required from the Board of Zoning Appeals. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of VIrginia Beach, VIrginia, on the Ninth of &bruary. Nineteen r Voting: 7-0 Council Members Voting Aye: 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 Voting Nay: None Council Members Absent: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr. and Louis R. Jones February 9, 1993 STATEMENT OF CONSENT APPLICANT: MUNDEN FAMILY PARTNERSHIP APPLICATION: Conditional Use Permit - General Booth Boulevard (Princess Anne Borough) DESCRIPTION: Indoor recreational facility (billiards in conjunction with a restaurant) CITY COUNCIL SESSION: February 9, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A variance to the parking requirements generated is required from the Board of Zoning Appeals. Owner By Date: 2 -~.. '.J - 23- l1mLII.I.=LLÅ PUBliC HEARING ITEM #36517 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED the Ordinance upon application of TUMBLE FOR FUN, L.P., d/b/a/ DISCOVERY ZONE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TUMBLE FOR FUN, L.P., D/b/A DISCOVERY ZONE FOR A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL CENTER FOR CHILDREN RO2931802 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CFlY OF VIRGINIA BEACll, VIRGINIA Ordinance upon application of Tumble for Fun, L.P., d/b/a Discovery Zone for a Conditional Use Permit for an indoor recreation center for children in Unit #38, Hilltop North Shopping Center. Said parcel is located at 774 Hilltop North and contains 21,418 square feet more or less. LYNNHA VEN BOROUGH This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordznance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of &bruary. Nineteen i re . Voting: 7-0 Council Members Voting Aye: Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr. and Louis R. Jones February 9, 1993 - 24- ~ PUBUC HEARING ITEM 1136518 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED COMPUANCE TWELVE (12) MONTHS to February 1994, Ordinance upon application of VIRGINIA BEACH MARLIN CLUB, INC. AND WALTER CASON BARCO for the discontinuance, closure and abandonment of a portion of Greensboro Avenue and Mediterranean Avenue. Petition of Virginia Beach Marlin Club, Inc., and Walter Cason Barco for the discontinuance, closure and abandonment of the following parcels: ~ Closure of a portion of Greensboro Avenue beginning at the northwest intersection of Greensboro Avenue and Medite"anean Avenue, running a distance of 48 feet along the northern property line (southern boundary of Block 30, Shadow Lawn Heights) and running in a southeasterly direction to the southwest intersection of Greensboro Avenue and Mediterranean Avenue. ~ Closure of a portion of Mediterranean Avenue, running a distance of 41 feet along the eastern property line (western boundary of Lot 1, Block 18, Shadowlawn Heights) and running in a northwesterly direction to the southwest intersection of Greensboro Avenue and Medite"anean Avenue. VIRGINIA BEACH BOROUGH. Voting: 7-0 Council Members Voting Aye: 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 Voting Nay: None Council Members Absent: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr. and Louis R. Jones February 9, 1993 - 25- l1mLllbLLJL PUBUC HEARING ITEM 1136519 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of HERMAN, INC. for the discontinuance, closure and abandonment of a 20-foot unnamed lane located between 2nd Street and 3rd Street. Ordinance upon application of Herman, Inc. for the discontinuance, closure and abandonment of a 20-foot unnamed lane located between 2nd Street and 3rd Street beginning at the eastern boundary of Pacific Avenue and running in an easterly direction a distance of 119.42 feet. Said parcel contains 2365.5 square feet. VIRGINIA BEACH BOROUGH. Voting: 7-0 Council Members Voting Aye: 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 Voting Nay: None Council Members Absent: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr. and Louis R. Jones February 9, 1993 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS UNNAMED TWENTY (20) FOOT LANE TRAVERSING A PORTION OF BLOCK "E", LOCATED IN THE VIRGINIA BEACH BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RE-PLAT OF PROPERTY OF DEFINITE CONTRACT BUILDING & LOAN ASSOCIATION, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 1 0 AT PAGE 84, AND THAT CERTAIN PLAT ENTITLED "PROPERTY OF GUS OPOLOS" WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 45 AT PAGE 54. WHEREAS, it appearing by affidavit that proper notice has been given by Herman, Inc., a Virginia corporation; that it would make application to the Council of the City of Virginia Beach, Virginia, on June 4, 1991, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discon- tinued, closed and vacated: GPIN: 2427-21-9939-0000 - 1 - \ \ An unnamed twenty ( 20 ) foot lane, commencing at the northwest corner of Lot 10, Block E, as shown on that certain plat entitled "Re-Plat of Property of Definite Contract Building & Loan Association, Virginia Beach, Virginia", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 10, page 84, and thence S 19°48119" E a distance of 10.00 feet, thence S 76°11'41" W a distance of 117.65 feet more or less to the eastern boundary of the right of way of Pacific Avenue; thence in a northerly direction along the right of way of Pacific Avenue along a curve to the right with a radius of 129. 04 feet an arc distance of 20.10 feet more or less to the southern boun- dary of the remaining portion of Lot 6, Block E, as shown on the aforesaid plat; thence N 76°11'41" E a distance of 119.42 feet more or less to the western boundary of Lot 3, Block E, as shown on the aforesaid plat; thence S 19 °48' 19" E a distance of 10.00 feet to the point of beginning, containing approximately 2,365.5 square feet. Said parcel of land being designated as 20' Lane to be Closed, as indicated on that certain plat of property to be vacated made by John E. Sirine and Associates, Ltd. for Herman, Inc., which plat entitled Plat Showing 20' Lane to be Closed Adjacent to Lot 3, Block E and Parcel Formerly Norfolk Southern R.R., Re-Plat of Property Owned by Definite Contract Building and Loan Association and the Western 10' of Lot 4, the Remaining Por- tions of Lots 5, 6, 7, 8 & 9, and Lot 10, Block E, as Shown on Plat Entitled "Property of Gus G. Opolos" for Herman, Inc., is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia upon adoption of this ordinance, and which is made a part hereof by reference. - 2 - SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach. indexed in the name of the City of Virginia Beach, as grantor. ADOPTED February 9, 1993 FINAL APP1<OVAL mbh/58014/000 on.hi.c ArrRO\'rr.. ! ("' T,-, C,-,~IT-:'\'T-:' ,. ILL' I.:J ...... vi, j., . . ---.. ~!., ~i~I."~O:::Ú'- - ) -', ß ({[/ t JJ 11 u- ---- - --------- o:r/.Pír'"IJ, Apn\"'~\l'rD t r; 1_- I r/ I.~ i'. I r,~ 1.'- 1\ - .' ,.. c:U-r-1 -Ir:' (~y A'-\'" \:.- p .~ '. ",t...L;I~..... I\~ t) ~ ,f 1/5i!~-- --- -- (IlV\/llì' "'-r"o' .~\( . 1'\ I , I: - 3 - ~ ~ ~ ~ ,/ ~ / , ........ I J....... ~~ ç,'. ~ ~- ,cC~ \'] J4J I-U a ::) (¥: I-U ~ « --J -"'--- ( PAC\f\C A VENUE R=\ Z9.04' A=ZO,\ 0' - R£J,^þ,\N\NG.., 1\-\£. f LoT I POR1\ON 00 p. 84) ~M. ß. \ , THE REMAINING PORTION OF LOT 6 (M. 8. 45, P. 54) (M. B. 10, P. 84) ~ ~ a w . U) . lO = to 0 .--J 8 I'- U to - I'- (f) . ~ THE REMAINING PORTION OF LOT 5 (M. 8. 45, P. 54) (M. B. 10, P. 84) - 0 l() --- ~ THE REMAINING ~ PORTION OF LOT 8 q- (M. B. 45, P. 54) (M. B. 10, P. 84) w C\J. q- = ~ w w a:: ~ U) a a::: tt) THE REMAINING PORTION OF LOT 9 (M. B. 45, P. 54) (M. B. 10, P. 84) . I en - 8 ..-. - w w~ I'- CD CD W ..... z oa.:a::~ u ~ -<1: a 0 (/) w .~ Z (rhO to -r .0 '4.:2 ll) -.J _ow r() N WESTERN 10' OF LOT 4 (M. B. 45, P. 54) (M. B. 10, P. 84) .. 0 C\J FORMERLY NORFOLK SOUTHERN R. R. (M. B. 10, P. 84) CD 10 (M. B. 45, P. 54) (M. B. 10, P. 84) ~'7~ ft>. fA-, ~ -r-/O 'fÆ1-4 . S. / 0 ~ ofr//I.¡c; I ¡::, (0 . &<¡) -r- c¡ 20.00' S 198 - 48' - 19. E 3 RE -PLA T OF PROPERTY OWNED BY DEFINITE CONTRACT BUILDING & LOAN ASSOCIATION (M. B. 10, P. 84) PLA T SHOWNING 20' LANE TO BE CLOSED ADJACENT TO LOT 3, BLOCK E AND PARCEL FORMERLY NORFOLK SOUTHERN R.R., RE -PLA T OF PROPERTY OWNED BY DEFINITE CONTRACT BUILDING AND LOAN ASSOCIATION AND THE WESTERN 10' OF LOT 4, THE REMAINING PORTIONS OF LOTS 5, 6, 7, 8 8, 9, LOT 10, BLOCK E, AS SHOWN ON PLAT ENTITLED, .PROPERTY OF GUS G. OPOLOS. FOR (M. B. 10, P. 84) HERMAN, INC~ ~~:~: ~~: þ: ~~) VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA Scale I I" :: 20' December, 1990 JOHN E. SIR IN E AND A 5 SO CIA T E S, L T D. SURVEYORS - ENGINEERS - PLANNERS VIRGINIA BEACH, VIRGINIA 0 I 10 I 20 ~ 40 t GRAPHIC SCALE 60 i 80FEET t REVISED I JAN. 29, 1991 JO # 48, 313 - 26- ~ PUBUC HEARING ITEM #36520 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councilman Dean, seconded by~ Councilman Jones, City Council ADOPTED Ordinances upon application of NORMA R. LANCASTER for Conditional Zoning District Classifications: ORDINANCE UPON APPLICATION OF NORMA R. LANCASTER FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-lA ZO2931376 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Norma R. Lancaster for a Conditional Change of Zoning District Classification from AG-2 Agricultural District to B-lA Community Business District on the south side of Dam Neck Road, 80 feet more or less west of Bold Ruler Drive. The proposed zoning classification change to B -lA Community Business District is for commercial land use. The Comprehensive Plan recommends use of this parcel for Suburban High Density Residential at a density no greater than 6 dwelling units per acre. Said parcel is located at 615 Dam Neck Road and contains 1.63 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF NORMA R. LANCASTER FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO PD-H2 ZO2931377 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Norma R. Lancaster for a Conditional Change of Zoning District Classification from R-5D Residential Duplex with PD - H2 Planned Unit Development Overlay to B -lA Community Business District at the southwest intersection of Dam Neck Road and Bold Ruler Drive. The proposed zoning classification change to B-lA Community Business District is for commercial land use. The Comprehensive Plan recommends use of this parcel for Suburban High Density Residential at a density no greater than 6 dwelling units per acre. Said parcel is located at 615 Dam Neck Road and contains 0.34 acre. PRINCESS ANNE BOROUGH The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of &bruary. Nineteen u a' re . February 9, 1993 - 27- ~ PUBUC HEARING ITEM 1#36520 (Continued) PLANNING Voting: 11-0 Council Members Voting 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 Voting Nay: None Council Members Absent: None February 9, 1993 rO~M NO P S 18 City- of Virgi:C1ia Beach INTER-OFFICE CORRESPONDENCE In Reply Please Refer to DF-3265 DATE: February 3, 1993 FROM: Leslie L. Lilley Gary L. Fentres5~ Norma Lancaster, et ale Conditional Rezoning Proffer Agreement DEPT: City Attorney TO: DEPT: City Attorney RE: Enclosed is a copy of the proffer agreement submitted by the referenced applicants. The proffer agreement is acceptable as to legal form. GLF/dhh Enclosure ! I ¡ ¡ Ii Ii I I: I THIS AGREEMENT, made this 9th day of December, 1992, by and between and DONALD R. LANCASTER, NORMA R. LANCASTER I I I' i husband and wife, collectively (hereinafter Grantor) and the CITY OF VIRGINIA BEACH, a municipal corporation of the Com- monwealth of Virginia (hereinafter referred to as Grantee). 'I I I ' I' d I WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by peti- ¡ . I! I 10 tion of the Grantor addressed to the Grantee, so as to change classification the the Grantor's Property from of AG-2 ! . (Agricultural) and PDH-2 on (Residential) (R-SD) to B-1A I' certain property which contains a total of 1.97 acres more or 10 I less, in the Princess Anne Borough, of the City of Virginia , I ¡ Beach, Virginia, more particularly described in the attached I' ,I Exhibit A, hereinafter "the Property". , ' , , WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including , I i I residential purposes, through zoning and other land develop- I I! II 'I I \ ' , ' ment legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and in that order to I I! I! permit differing and . the area of the subject uses on 1n Property and at the same time to recognize the effects of the changes, and the need for various types of uses, including , I I , I I I , I I I I II II I, I ~ ¡\ II II those listed above, certain reasonable conditions governing the of the Property for the protection of the community use I, I I: 1- II I, I: I j ,I 1\ I' I' I! I that are not generally applicable to land similarly zoned B- \ \ , 1 I lA are needed to cope with the situation which the Grantor's I , I : I , I rezoning application gives rise to; and II II II I L, I , I I I WHEREAS, the Grantor has voluntarily proffered in writ- ing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, , , , : , I: addition in to the regulations provided for in the existing , i , I , ¡ ¡ I 'I II ! I II II I' I: existing Zoning 1 I I \ I I I I I I B-IA zoning district by Comprehensive the following reasonable conditions relating to Ordinance, the the physical development and operation of the Property to be adopted of said amendment to the new Zoning Map as a part " I, , relative to described which the have Property above, a , I ; I : I I' I! 'I ! : I reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been by proffered the Grantor to be effective upon the rezoning of the Property and , , , allowed and accepted by the Grantee as part of the amendment to Zoning Ordinance, such conditions shall continue in the I' 'I I full force and effect until a subsequent amendment changes ¡ I I ¡ 'I : I zoning the by such conditions; the Property covered on provided, conditions shall continue however, that such despite a subsequent amendment if the subsequent amendment is I I, II ¡ : II ¡ I ¡ I Ii II II I II part of comprehensive a implementation the of new or substantially revised zoning ordinance, unless, notwithstand- ing the foregoing, these conditions are amended or varied by in written instrument the Clerk's Office of the recorded circuit Court of the City of Virginia Virginia, Beach, and 2- I I' I: I , I I \ I executed the record owner of the subject Property at the by II , I 'I I I: 'i I, time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writ- , : I ing as evidenced by a certified copy of ordinance or resolu- I' : I I tion by the governing body of the Grantee, after a adopted , II I ¡ i I ¡ I ¡ I I; I. I I I' \ ; I II I I : I public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, section 15.1-431, which recorded along with said ordinance or resolution shall be said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their suc- cessors, assigns, grantees, and other successors in title or Ii 'I interest, voluntarily and without any requirement by or exac- I' , I II I I, I tion from the Grantee or its governing body and any without element of compulsion of auid pro quo for zoning, rezoning, t I II I \ I I' ,I , I' ¡ I I ¡ I I site plan, building permit or subdivision approval, hereby following declaration of conditions and restric- makes the tions as to the physical development operation of the and Property and governing the use thereof and hereby tenders the I' I' following covenants running with said Property, which the I' \ : II ¡ i II , I , . shall be binding following the approval of Grantor's rezoning Petition by Grantee upon the Property and upon all parties II 'I II \ ¡ ¡ I " II I and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other succes- sors in interest or title, namely: I I II II I utilize existing shall The Grantor the house 1. currently on the Property. 3- \ I, , II II I' : I , : , I The Grantor shall not remove any trees with a ten 2. inch (10n) or larger caliper on the Property to the west or site Linen plan on the nWoods south of area, marked as I! II II I, I entitled "site Plan for Norma Lancaster" dated May 21, 1992, " II I revised October 1, 1992, and December (hereinafter 9, 1992 II II I I , ! I ¡ nsite Plann). install oak trees, with a minimum Grantor shall 3. caliper of 1 1/2" on Dam Neck Road as shown on the site Plan. " I II ,I Ii II ! ! I I \ I' , I 4. Grantor shall, install trees or landscaped barriers at the existing entrance to the Property from Dam Neck Road, and shall install the gravel driveway and parking area on the Property substantially as shown on the site Plan. 5. Grantor agrees to restrict the use of the Property to a quilt, craft, floral and/or gift shop. ,I I II I Further conditions may be required by 6. the Grantee II ¡ I I, , I ¡ I ¡ Ii II I! I' ! ! during and/or detailed site subdivision review and plan administration of applicable City all applicable codes by City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable refer to the Comprehensive thereto I ! I I! ¡I I I: Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is ap- , I I I I I I proved by the Grantee. 4- II , . i ¡ , II ¡I that (1) the The Grantor covenants and agrees , I I I' ! I II , Administrator of the City of Virginia Beach, Virginia shall authority be vested with all behalf of necessary on I: I' I I I' the city of Virginia Beach, virginia to governing body of I , I , , I administer and enforce the foregoing conditions, including , ' (i)' remedying of in writing ordering the the of I ~ : ' II I noncompliance with such conditions, and (ii) the bringing I , I I' , I I legal action or suit to ensure compliance with such condi- , , tions, including mandatory or prohibitory injunction, Zoning \ I I I I the any of abate- , , , , I , ment, damages or other appropriate action, suit or proceed- ings; (2) the failure to meet all conditions shall constitute , I I I , , I , I I' occupancy permits as may be appropriate; (3) if aggrieved cause to deny the issuance of any of the required building or any decision of the Zoning Administrator made pursuant to the by " provisions of the city Code, the CZO or this Agreement, petition to the governing body for the review Grantor shall thereof prior to instituting proceedings in court; and the (4) existence of Zoning Map shown by an appropriate symbol on the map the ,I the I , I , ! I I' '\ I. : I I , I conditions attaching to the zoning the map and that the ordinance and the subject property on conditions may be made readily available and accessible public inspection of the for Planning in the office of the Zoning Administrator and in the Department and that , I I , they shall Clerk's Office of the circuit Court of the be , , recorded in the I' 1\ , I City of Virginia Beach, Virginia and indexed in the name I \ I the Grantor and Grantee. 5- of II I ¡ i ¡ I! I' II WITNESS the following signature and seal: i: I I /~;?, ;f~ Norma,.. Lancaster - ~ /J-Ø;1 v , "I '/ M~ ~j!f- ? -<" ,-~ Donald R. Later I i I , I I I I I , I i ! I I ¡ I I , ,I I: II \ I ! I 1 I , I ¡ I '1\ ,I ~i~~Eo~Fvi~~~~~iABEACH, to-wit: 'I j I \ I 'I , I Subscribed and sworn to before December, 1992 by Norma Lancaster. me this 9th day of II II , I I' My Commission Expires: I I ¡ ¡ I I I STATE OF VIRGINIA 'I CITY OF VIRGINIA BEACH, to-wit: , : a.~? 95 II I, 11 'I I, I' I' , I II I ¡ I' '\ M II Y I I I II to before me this II~ay of Lancaster. cA i ~ f( ßrfJfl¿4/- Notary Public (J Subscribed and sworn December, 1992 by Donald R. commission Expires: 8'~~ -q-S- I I I ¡I II I I I 6- "- EXHIBIT A ALL THAT certain piece or parcel of land lying, situate and being in the city of Virginia Beach, Virginia, (formerly Seaboard Magisterial District, Princess Anne County, Virginia), and bounded and described as follows: BEGINNING at a marked sweet gum tree in the center of a ditch in the southern side of the old public road leading to Dam Neck Mill, and running thence along the center of said ditch southerly 170 yards to the center of another ditch; thence easterly along the center of said ditch 58 yards, more or less, to the center of another ditch; thence along the center of said ditch 172 yards to the southern side of said road; thence along the southern side of said road 36 yards, more or less, to the point of beginning containing 2.0 acres, more or less, together with the buildings and improvements thereon and being a portion of the fifteen acre tract being Paragraph First of the deed from W. B. Gilbert, dated November 23, 1927, and recorded in the Deed Book 150, at page 224, in the Clerk's Office of the Circuit Court for the city of Virginia Beach, Virginia. LESS save and except that portion of the property dedicated to the city of Virginia Beach, Virginia, containing .042 acres along the southeastern lot lines as shown on the plat entitled "SUBDIVISION OF OCEAN LAKES, PHASE III, SECTION FOUR" recorded in Deed Book 2456 and, LESS save and except .065 acres more or less conveyed to the Commonwealth of Virginia by Norma R. Lancaster, femme sole, and Norma R. Lancaster, f/k/a Norma R. Humphrey and Donald R. Lancaster, her husband by deed dated March 22, 1989 and recorded March 24, 1989 in Deed Book 2813 at Page 517. ~D PARCEL B PARCEL B containing .358 acres as shown on that certain plat entitled "Subdivision of Ocean Lakes, Phase Three, section Four, Princess Anne Borough, Virginia Beach, Virginia, which plat is recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 2456 at Page 1474. - 28- ~ PUBUC HEARING ITEM #36521 PLANNING Jim Lockie, 244 Elon Court, Phone: 431-0458, the applicant represented himself Upon motion by Councilman Branch, seconded by Councilman Baum, City Council ADOPTED: ORDINANCE UPON APPLICATION OF u.S. FIBERGLASS PRODUCTS, INC., tfA WAVE RIDING VEHICLES FOR A CONDITIONAL USE PERMIT FOR A RECREATION FACILI1Y OF AN OUTDOOR NATURE (SKATEBOARD RAMP) RO2931803 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of u.s. Fiberglass Products, Inc., TfA Wave Riding Vehicles for a Conditional use Permit for a recreational facility of an outdoor nature (skateboard ramp) on certain property located at the northwest corner of Cypress Avenue and 19th Street. Said parcel contains 19,801 square feet more or less. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. Restroom facilities shall be provided at the existing w.R. V. showroom. 2. The conditional use permit is valid for a period of two (2) years. 3. The skateboard ramp shall be constructed in compliance with all City and BOCA codes. 4. Landscaping is required along the property lines fronting on Cypress Avenue and 19th Street comparable to the landscaping existing on the other corners of this intersection. 5. During the school year, hours of operation shall be 3:00 P.M. -5:00 P.M., weekdays, and 11:00 A.M. - 4:00 P.M. weekends and holidays. Summer hours (beginning Monday following the last day of the school year and ending Saturday prior to the first day of the school year) shall be 3:00 P.M. - 7:00 P.M., weekdays, and 11:00 A.M. - 7:00 P.M., weekdays and holidays. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Vlrginia Beach, Vlrginia, on the Ninth of &bruary. Nineteen February 9, 1993 - 29- ~ PUBUC HEARING ITEM 1136521 (Continued) PLANNING Voting: 11-0 Council Members Voting 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 Voting Nay: None Council Members Absent: None February 9, 1993 - 30- I1J:rn...lJI:=K APPOINTMENT ITEM #36522 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: PERSONNEL BOARD February 9, 1993 - 31 - ~ NEW BUSINESS ITEM #36523 Jennifer L. Louder, President - Tidewater Wild Horse Society, 2789 West Gibbs Road, Phone: 421-3401 Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City Council ADOPTED, AS REVISED: Resolution requesting the United States Secretary of the Interior, acting through the management of the Back Bay Wild Life Refuge and the Virginia Conservation and Recreation Department, acting through the management of False Cape State Park, take immediate measures to locate suitable permanent pasturage for ponies recently captured in Back Bay Wildlife Refuge. Voting: 11-0 Council Members Voting Aye: John A. Bawn, 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 Voting Nay: None Council Members Absent: None February 9, 1993 -- --- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Councilmember Paul J. Lanteigne 1 2 A RESOLUTION CONCERNING PONIES CAPTURED IN BACK BAY WILDLIFE REFUGE 3 WHEREAS, a herd of ponies that had traditionally roamed free in Back Bay National wildlife Refuge were in 1991 captured and 4 5 removed from the Refuge; 6 two ponies, a stallion and a mare, which initially WHEREAS, 7 evaded capture, were recently caught and are now in temporary 8 private custody; 9 WHEREAS, although the precise heritage of the ponies is in debate, some experts believe them to be descendents of Spanish horses which arrived on the Outer Banks in the 1850's; WHEREAS, the ponies' ancestors roamed freely in the Back Bay National wildlife coexisting millions with Refuge of area, waterfowl and other wildlife for many years prior to the Refuge becoming federal property; WHEREAS, irrespective of their ancestry, the ponies are part of our local heritage, having adapted to the Refuge as if it were their native breeding and grazing grounds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby requests that the united States Secretary of the Interior, acting through the management of the Back Bay National wildlife Refuge, and the Virginia Conservation and Recreation Department, acting through the management of False Cape State immediate measures to locate suitable Park, take permanent akin for the their habitat, pasturage, to natural recently captured ponies and their descendents. Adopted Council Beach, City Virginia by the of the of Virginia, on the 9 February , 1993. day of CA-5015 ORDIN\NONCODE\PONIES.RES R-2 PREPARED: FEBRUARY 3, 1993 - 32- ~ ADJOURNMENT ITEM 1136524 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at 4:32 P.M. ~~__a~~___------ Beverly O. Hooks, CMC Chief Deputy City Clerk ßr~~~-------- City Clerk ------------------------ Meyera E. Obemdorf Mayor City of Virginia Beach Virginia February 9, 1993