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Home My WebLink AboutAUGUST 24, 1993 MINUTES Cit:v- e>f' Virgi1~ié~ I3each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WIWAM D SESSOMS, jR , At-Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH 1// Virginia Beach Borough jAMES W BRAZIER, jR, Lvnnhaven Borough ROBERT W CLYBURN, Kempsville &rough ROBERT K DEAN, Pn"cess Anne Borough LOUIS R JONES, BaYSlde Borough PAUL j LANTEIGNE, Pungo &rough JOHN D \10SS At Large NANCY K PARKER, At Large jAMES K SPORE, City Manager LE~LIE L LILLEY, City Attorney RUTH HODGES SMITH CMC! AAE, CIty Clerk CITY COUNCIL AGENDA 281 (ITY /i4.LL Bl'/I DI,\iC~ \1UNICIP4.L (F\i I ER VIRC'¡NJ4 8£:.4.( H VIRGJ.\i1A 2345t> 9UU'i (8U41 42ì 4 WJ AUGUST 24, 1993 I. CITY MANAGERIS BRIEFING - Council Chamber - 4:30 PM A. OWL'S CREEK WATERSHED ORDINANCE Robert J. Scott, Director of Planning II. INFORMAL SESSION - Council Chamber - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi David J. Abrams Tabernacle Emanuel Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - August 10, 1993 G. H. MAYORIS PRESENTATION 1 . VIRGINIAIS FIRST ANNUAL DRUG OUT September 27, 1993 The Honorable Robert F. McDonnell Priscilla Beede, Chair, Ad Hoc Committee 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 . Ordinance to AMEND and REORDAIN Section 23-40 of the Code of the City of Virginia Beach, Virginia, re offenses-miscellaneous (altering surface of road or other public property; obstructing drainage). 2. Ordinance to APPROPRIATE $41 ,557 in State Intensified Drug Assistance Program (IDEA) Grant Funds from the City of Norfolk re acquisition of computer technology for the Comprehensive Regional Information Management and Exchange System (Crimes). 3. Ordinance to APPROPRIATE $930,144 from the Reserve for Federal Arbitrage within the General Fund Balance re payment to the U. S. Treasury Department for rebatable arbitrage on the 1988 General Obligation Public Improvement Bonds. 4. Ordinance to ACCEPT and APPROPRIATE Grants of $3,576 from the Virginia State Library and Archives for the Clerk of the Circuit Court to complete the Land Records Optical Scanning Project and to purchase Ultraviolet Light Shields. 5. Ordinance to APPROPRIATE $3,500 from the Francis Land House Trust Fund and TRANSFER to the Board of Governors Trust Fund re donation toward purchase of Stair- Trac equipment needed to assist disabled visitors and $4,000 for the purchase of reproduction 18th-century chairs. 6. Ordinance authorizing the City Manager to TRANSFER $15,000 from the Economic Development Investment Program to the Virginia Beach Development Authority re underwriting a portion of the infrastructure costs for improvements to the Corporate Headquarters and Manufacturing Facility of MicroMax Distribution, Inc. relocating from Cleveland, Ohio, to the Oceana West Corporate Park at 2700 Avenger Drive. 7. Ordinance granting a franchise to operate an open air cafe on public property in the Resort Area (VIRGINIA BEACH BOROUGH): Fish Bones Restaurant, Inc. t/a Fish Bones Restaurant 1211 Atlantic Avenue 8. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Regency Drive to New Regency Hilltop Associates re construction and maintenance of signs and landscaping in median on Regency Drive (L YNNHAVEN BOROUGH). 9. Ordinance to Charge-Off delinquent accounts of the Departments of Public Utilities, Public Works, Police, Planning, General Services, Information Technology and General Registrar totalling $306,394.80. I. J. 10. Ordinance authorizing Tax Refunds in the amount of $1,785.44. 11. Ordinance authorizing License Refunds in the amount of $3,148.90. RESOLUTIONS/ORDINANCES 1. REAPPORTIONMENT CONCEPTS: a. OPTION 1: Modified 7-4 Plan (1 ) Resolution for modifying existing electoral plan by dividing Kempsville Borough into two (2) Boroughs and consolidating Pungo and Blackwater Boroughs. (2) Proposed Charter Amendment to Sections 3.01 and 3.02:1 of the Charter of the City of Virginia Beach, Virginia, re Division of the City into Boroughs and Council Elections. b. OPTION 2: 7 District - 4 At Large Plan (1 ) Resolution dividing City into seven (7) equally populated single-member districts with three (3) members and the Mayor elected At Large. (2) Proposed Charter Amendment to Sections 3.01 and 3.02:1 of the Charter of the City of Virginia Beach, Virginia, and ADDING Section 3.02 re Division of the City into districts and Council Elections. 2. Resolution requesting the HAMPTON ROADS SPORTS AUTHORITY assist in the financing of a horse racing facility in the City of Virginia Beach and related off-track betting facilities throughout Virginia. 3. Ordinances re Compensation: a. City Manager b. City Real Estate Assessor PUBUC HEARING 1 . PLANNING a. Application of LAVERN MILLER, President, Princess Anne Cabinets, Inc., for enlargement of a nonconforming use (to increase square footage and construct an addition to the existing building) on North Landing Road, 1050 feet more or less East of the intersection with Winston Avenue (3416 North Landing Road) in the G-2 A ricultural istrict, containing 13,056 acres (PRINCESS ANNE BOROUGH) . Recommendation: APPROVAL b. Application of TIDEWATER EVANGEUCAL FREE CHURCH for a~ Permit for a ~ on the East side of Euclid Road, South of Norfolk and Southern Railroad (4966 Euclid Road, Suites 101,102 and 103), containing 1.477 acres (KEMPSVILLE BOROUGH). Recomm endation: APPROVAL c. Application of ST. JOHN THE APOSTLE CATHOUC CHURCH for a Condjtjonal Use Permit for a church on the Northeast side of Sandbridge Road beginning at a point 470 feet more or less Southeast of Princess Anne Road, containing 10 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL d. Application of ROBERT N. BOLLER, Fabrication Specialist of VA, Inc. for a n iti n Us it for a ho e 0 ion W 0 wo kin 0 on the East side of West Neck Road, 3400 feet more or less North of West Landing Road (3436 West Neck Road), containing 15 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Application of McDONALD NURSERIES OF VIRGINIA BEACH for a ConQillonal h n of 0 in istrict Classific tion from R-15 R side tial istrict to B-2 C mmunit usiness istrict on the East side of Independence Boulevard, North of Wishart Road (1144 Independence Boulevard), containing 1 acre (BA YSIDE BOROUGH) . Recommendation: APPROVAL 1. Deferred: August 1 0, 1993 Recommendation: APPROVAL g. Applications of FERRELL PARKWAY ASSOCIATES, INC. (PRINCESS ANNE BOROUGH) : (1 ) RECONSIDERATION OF PROFFERS approved Apri/24, 1989, re property at the Northwest corner of Ferrell Parkway and General Booth Boulevard, containing 15.7 acres. (2) North side of Ferrell Parkway, 700 feet more or less West of General Booth Boulevard, containing 2 acres: (a) Cond'tional C an e f Zonin District Classification from Conditional 0-2 ffice District to Conditional -2 Communit ~ AND, (b) Deferred: August 10, 1993 Recomm endation: APPROVE ALL APPLICATIONS K. APPOINTMENTS COMMUNITY CORRECTIONS RESOURCE BOARD PARKS AND RECREATION COMMISSION PENDLETON CHILD SERVICE CENTER (MANAGEMENT BOARD) - Resignation PUBLIC LIBRARY BOARD SOCIAL SERVICES - Resignation SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD - Resignation TIDEWATER COMMUNITY COLLEGE BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS 1 . COUNCIL-SPONSORED ITEMS: a. Resolution re actions of Federal Agencies for the enforcement of the Fair Housing Act, (legal action against Municipalities -- Oxford-House). (Sponsored by Mayor Meyera E. Oberndorf) b. Resolution providing a Charter Referendum re limitation on the number of consecutive terms the Mayor and Council Members may serve. (Sponsored by Councilman Paul J. Lanteigne) N. ADJOURNMENT 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 8/17/93bap AG ENDA \8-24-93.Pln Cit~ e>f Virgi:r1ia Beach WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455 5732 August 24, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the August 24, 1993, meeting of City Council for the purpose of Identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a llpersonal interest, II as defmed in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, ¡YM/fvi, William D. Sessoms, Jr. Vice-Mayor WDS,Jr ./dmc _h- I - ~ - -- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 24, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'8 BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 24, 1993, at 4.30 P.M. Council Members Present: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: John A. Baum, [ENTERED: 5:25 P.M.] Paul J Lanteigne [ENTERED: 5:20 P.M.] John D. Moss [our OF THE CIlY WITH FAMILY ON VACATION] Vice Mayor Wzlliam D. Sessoms, Jr. [ENTERED: 4:53 P.M.] Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed the Bank mayor may not have an interest in one or more applications before City Council. The Vice Mayor regularly files this Disclosure with the City Clerk as he mayor may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of August 24, 1993, is hereby made a part of the record. -2- CITY MANAGER'S BRIEFINGS OWL'S CREEK WATERSHED ORDINANCE 4:30 P.M. ITEM # 37125 Robert Scott, Director of Planning, presented information relative the proposed OWL'S CREEK WATERSHED ORDINANCE. Mr. Scott would like this information forwarded to the Planning Commission for Public Hearings and citizen input, after which the Commission's recommendations will be forwarded in the form of a completed Ordinance to the City Council. Regulatory programs have been adopted for the other two watersheds within the City: Chesapeake Bay and Southern Watersheds. Concerning the Owl's Creek Watershed, the body of water is much less extensive and the character is extremely different. The northern portion of the watershed is very extensively developed, while the southern portion, with the exception of the Tennis Center, Ocean Breeze amusement facility and the Fire Training Center is much less developed. Water quality is not as important as in Back Bay. Owl's Creek should be regarded as the City's showcase for water oriented activities. Mr. Scott displayed a schematic with various colored dots: yellow dots indicated City projects, lime green dots represented marinas, purple dots were fuel facilities and the red dots represented boat ramps. Mr. Scott displayed another color coded map: light blue areas indicated locations either owned or leased by the City, lÙlrk blue areas were State property and the green areas were Federally controlled property. Thus, there is a vast amount of government controlled property, which lends itself to cooperative and educational efforts as opposed to regulatory efforts. The City Staff will request the Planning Commission's Ordinance, relative the Owl's Creek Watershed contain appropriate erosion and sediment control measures along the shorelines. However, the Erosion and Sediment Control Ordinance might be best addressed rather than contained within the Owls' Creek Ordinance, as "E & S" measures are in place, as appropriate, throughout the whole City. If new marinas are developed within the area, the City Staff wishes the City Zoning Ordinance amended to assure appropriate provisions are made in the Use Permit review to regulate fuel related, waste disposal and other similar issues related to the operation of said marinas that directly affect the quality of water and activity in this area. Concerning existing marinas, an educational program is proposed. Buffers should also be in place Other existing CIty ordinances should be addressed to determine, if it is necessary to adjust them to enable compatibility with the program regarding the Owl's Creek Watershed. The City needs to cooperate with other groups i. e, the VIrginia Department of Environmental Quality, the State Health Department with regard to shellfish matters to develop an overall program addressing the whole range of issues important within thIs Watershed. Fueling facilities should be identified as an issue of concern. Mr. Scott advised the parking space situation at marinas is important. One space per boat is clearly inadequate. ShellfISh cannot be eaten in this area due to human waste. The majority of this waste is coming from recreational boats, who are not utilizing the pumpout facilities. There are only two pumpout facilities in this area, one of which is private. There is no enforcement. August 24, 1993 -3- CONCERNS OF THE MAYOR ITEM # 37126 Mayor Oberndorf advised corrections to the Formal Agenda of the City Council Session. The Invocation will be by RDbbi David J. Abrams of Temple Emanuel NOT Tabernacle Emanuel Synagogue. Mayor Oberndorf referenced the correspondence of Reba S.McClanan, Chair - Friends of the Francis Land House dated August 20, 1993, concerning the Ordinance to APPROPRIATE $3,500 from the Francis Land House Trust Fund and TRANSFER to the Board of Governors Trust Fund re donation toward purchase of Stair- Trac equipment needed to assist disabled visitors and $4,000 for the purchase of reproduction 18th-century chairs (See Item III-H.6 of the CONSENT AGENDA). Mrs. McClanan requested this action be either postponed or rescind whatever regulation was adopted to allow transfer of these funds. Mrs. McClanan advised the Friends of the Francis Land House made a decision based on the advice of City departments and personnel to leave the funds they raised in the City Treasury, but to operate independently. The City Council will WITHDRA WN this item from the Agenda. Said letter is hereby made a part of the record. August 24, 1993 -4- ITEM # 37127 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 24, 1993, at 5:10 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 Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D Sessoms, Jr. Council Members Absent: John D. Moss August 24, 1993 -5- ITEM # 37128 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTWE SESSION, pursuant to Section 2.1-344, Code of Vzrginia, as amended, for the following purposes. P RSONNEL MAITERS. 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: Community Correctwns Resource Board Parks and Recreation Commission Pendleton Child Service Center Public Lzbrary Board Social Services Board Southeastern Hampton Roads Disability Services Board Tidewater Community College Board Performance Evaluation City Manager, City Real Estate Assessor PUBLICLY-HELD PROPERTY. Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the dispositwn of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3) To- WIt: Burton Station - Land Acquzsztion Upon motion by Vzce Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum, Paul J. Lanteigne and John D. Moss August 24, 1993 -6- FORMAL SESION VIRGINIA BEACH CITY COUNCIL August 24, 1993 6:00 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, August 24, 1993 at 6:00 P.M. Council Members Present: John A. Baurn, 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 Absent: John D. Moss [our OF THE CI1Y WITH FAMILY ON VACATION] INVOCATION: Rabbi David J. Abrams Temple Emanuel G OF THE UNIT ¿f Mayor Oberndorf advised Rabbi Abrams serves as a Member of the Human Rights Commission and last year served as one of the Chaplains on Patrol at the Resort area. August 24, 1993 -7- Item III-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37129 Upon motion by Councilwoman Parker, seconded by Councilman Clyburn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only publzc business matters lawfully exempted from Open Meeting requirements by VIrginia law were discussed in Executive SessIOn to which thzs 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: 9-0 Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzlliam D. Sessoms, Jr Council Members Voting Nay. None Council Members Absent: James W. Brazier, Jr. and John D Moss August 24, 1993 1Rtønlutinu 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 # 37128, Page No.5, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in confonnity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~~]~~ Ruth Hodges Smith, CMC/AAE City Clerk August 24, 1993 -8- Item III-F.1. MINUTES ITEM # 37130 Upon motion by Vzee Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 10, 1993. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL 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: None Council Members Absent: James W. Brazier, Jr. and John D. Moss August 24, 1993 -9- Item III-G.1. MAYOR'S PRESENTATION ITEM # 37131 Mayor Oberndorf presented a RESOLUTION IN RECOGNITION: VIRGINIA'S FIRST ANNUAL DRUG OUT September 27, 1993 Priscilla Beede and Helen Shropshire, Co-Chairs - Ad Hoc Committee - Vlrginia's First Annual Drug Out, in the absence of Delegate Robert F. McDonnell, ACCEPTED the Resolution. Citizens are requested to recognize and support education about the dangers of drug abuse, the penaltzes for drug crimes, the availability of substance abuse programs, and the need to eradicate drug abuse in VIrginia Beach. Corporations, the media, private organizations, citizens groups and individuals, as well as law enforcement and CADRE groups are to be encouraged to participate in these activitIeS August 24, 1993 £1'1101Ut10" WHEREAS: America ~ drug problem is having a great negative impact on families, schools, law enforcement, court systems and correctionalfacUities in the form of increased drug-related criminal activity such as gang violence, murder, robbery and domestic violence; WHEREAS: Virginia Beach is not immune to these /cinds of problems and activities that are being suffered across the country as evidenced by increasing arrests for drug- related activity, the number of deaths from illicit drug use and the rate of violent crime; WHEREAS: Drug education programs can have a powerful impact on people by providing information about the haz4rds of drug abuse, its effects on people~ lives and the need for treatment,. and, WHEREAS: Community involvement and commitment is an important part of educational programs which seek to eliminate drug abuse through prevemion education and substance abuse treatment. NOw, THEREFORE, BE IT RESOLVED: That September 27, 1993, is hereby declared Virginia's First .Annual Drug Out during which citizens are requested to recogniu and support education about the dangers of drug abuse, the penalties for drug crimes, the availability of substance abuse programs and the need to eradicate drug abuse in Virginia Beach. Corporations, the media, private organizations, citizens groups and individuals, as well as law enforcement and CADRE groups, are to be encouraged to participate in these activities. BE IT FURTHER RESOLVED: Tha~ in ordu to furthu elICOlUage support for Vlrginia Beach's First Annual Drug Out, the Chief of Police is requested to provUk suggested activities and information including the feasibility of creating drug amnesty programs for drug abusers. All citiuns are requested to provide support for the activities for the First Annual Drug Out Given under our hands and seals this Twenty-fourth day of Âugust, Nineteen Hundred and Ninety- 7ñree. t. ,ÆtL... John A. Baum - 10 - ~ CONSENT AGENDA ITEM # 37132 Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED in ONE MOTION items 2, 3, 4, 6, 7, 10 and 11 of the CONSENT AGENDA. Items 1, 5, 8 and 9 were pulled for a separate vote. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 - 11 - Imn...lll.=H.L. CONSENT AGENDA ITEM # 37133 Philip R. Wohl, 1177 Pond Cypress Road, Phone: 499-8150, represented the pond owners (Cypress Point), distributed a petition and requested a notification provision be included within the Ordinance. Said petition is hereby made a part of the record. Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council DEFERRED FOR STAFF CLARIFICATION: Ordinance to AMEND and REORDAIN Section 23 -40 of the Code of the City of VIrginia Beach, VIrginia, re offenses-miscellaneous (altering surface of road or other public property; obstructing drainage). 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 - 12 - ~ CONSENT AGENDA ITEM # 37134 Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to APPROPRIATE $41,557 in State Intensified Drug Assistance Program (IDEA) Grant Funds from the City of Norfolk re acquisition of computer technology for the Comprehensive Regional Information Management and Exchange System (Crimes). 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO APPROPRIATE $41,557 IN STATE INTENSIFIED DRUG ASSISTANCE PROGRAM GRANT FUNDS FROM THE CITY OF NORFOLK FOR ACQUISITION OF COMPUTER TECHNOLOGY FOR THE COMPREHENSIVE REGIONAL INFORMATION MANAGEMENT AND EXCHANGE SYSTEM (CRIMES) 1 WHEREAS, the City Council agreed to participate In the inter-jurisdictional 2 agreement related to the development and operation of a regional criminal justice reporting 3 system (the Comprehensive Regional Information Management and Exchange System, CRIMES); 4 WHEREAS, under this agreement the City of Norfolk IS the fiscal agent for the 5 region, and as such receives and distributes State grant funds which are received to support the 6 development of the CRIMES project; 7 WHEREAS, the second year grant funds from the State Department of Criminal 8 Justice Services have been accepted with the City of Virginia Beach to receive $41,557; 9 WHEREAS, these funds will allow the City to purchase microcomputer equipment and software related to development and utilization of Virginia Beach's portion of the regional project; WHEREAS, the City has already provided ItS part of the required match for participation In the regional grant, the other budgetary Impact of acceptance of these funds will be maintenance of the microcomputers which will be funded through the Police Department's operating budget. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $41,557 be appropriated for the purpose of purchasing microcomputer equipment and software related to the development of Virginia Beach's portion of the regional CRIMES project. BE IT FURTHER ORDAINED, that estimated revenues In the FY 1993-94 Operating Budget be Increased by $41,557. Adopted by the Ci 24 day of Beach on . , "^ . "/'\ ~ August , 1993. APPROVED AS TO LEGAL !"-:.tL,r:~':'í':It:"'i'-¡t"v ....., .., .......' ".J' ~fi -- -- Approved as to Content ~~~ Walter C. Kraem , Jr. Deputy Director, Management and Budget - 13 - Item Ill-II. 3. CONSENT AGENDA ITEM # 37135 Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to APPROPRIATE $930,144 from the Reserve for Federal Arbitrage within the General Fund Balance re payment to the U. S. Treasury Department for rebatable arbitrage on the 1988 General Obligation Public Improvement Bonds. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 AN ORDINANCE TO APPROPRIATE $930,144 FOR PAYMENT TO THE UNITED STATES TREASURY DEPARTMENT FOR REBATABLE ARBITRAGE 1988 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS WHEREAS, The City earned during the fiscal years 1988 to date interest from the investment of the proceeds of the $40,950,000 1988 General Obligation Bonds, Series 1988A, and $2,000,000 General Obligation Bonds, Series, 1988B, and WHEREAS, in accordance with the 1986 Tax Reform Act, the U. S. Treasury Department regulations require the City to rebate to the Federal Government all interest earnings from the investment of the bond proceeds in excess of the average interest rate paid on the general obligation bonds, and WHEREAS, this rebate amount, called rebatable arbitrage, is to be paid no later than September 1, 1993, and WHEREAS, the firm of Ernst & Young, CPA's has determined the rebatable arbitrage amount on the 1988 General Obligation Bond Issues to be $930,144, and WHEREAS, in order to fully comply with these Federal regulations, $930,144 will need to be appropriated from the Reserve for Federal Arbitrage within the General Fund Balance for payment to the U. S. Treasury Department for the 1988 General Obligation Bond Issues. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $930,144 be appropriated from the Reserve for Federal Arbitrage within the General Fund balance for payment to the U. S. Treasury Department for rebatable arbitrage on the 1988 General Obligation Public Improvement Bonds. 24 da y 0 f August Adopted this day, the , 1993, by the Council of the City of Virginia Beach, Virginia. This ordinance shall be in effect from the date of its adoption. APPROVED AS TO LEGAL SUFFICIENCY Þ- j. VED AS TO CONTfNTS~ ~() c(7 ~ DEPARTMENT # .J i - 14 - ~ CONSENT AGENDA ITEM # 37136 Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE Grants of $3,576 from the VIrginia State Library and Archives for the Clerk of the Circuit Court to complete the Land Records Optical Scanning Project and to purchase Ultraviolet Light Shields. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0 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 nee Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANTS OF $3,576 FROM THE COMMONWEALTH OF VIRGINIA, VIRGINIA ST ATE LIBRARY AND ARCHIVES FOR THE CLERK OF THE CIRCUIT COURT TO COMPLETE THE LAND RECORDS OPTICAL SCANNING PROJECT, AND TO PURCHASE ULTRAVIOLET LIGHT SHIELDS 6 WHEREAS, the Clerk of the CIrCUit Court of the CIty of VIrgInIa Beach has the responsIbIlIty for 7 maIntenance of publIc records, IncludIng land records for the CIty, 8 WHEREAS, the Clerk of the CIrcUit Court has applIed for, and receIved the final grant of a two-year 9 grant, m the amount of $3,000, from the VIrgInIa State LIbrary and ArchIves for eqUipment and support costs to transfer land records that were recorded by a photostatIc process to optICal dIsk and 16mm roll mIcrofIlm, WHEREAS, the Clerk of the CIrcUit Court has applIed for, and receIved an addItIOnal grant from the VIrgInIa State LIbrary and ArchIves m the amount of $576 for the purchase of ultravIOlet fIlterIng sleeves for fluorescent lIghts m the Clerk's Records Room to protect deeds, plats and wIlls from exposure to ultravIolet lIght WhICh causes fadIng and accelerates agIng of documents, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that grants totallIng $3,576 from the Commonwealth of VIrgInIa, VIrgInIa State LIbrary and ArchIves be accepted and approprIated to be used to complete the land records optICal scannIng project, and to purchase ultravIolet lIght shIelds for the Clerk's Records Room BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the apprOprIatIon be offset by an Increase of $3,576 m estimated revenue ThIS ordInance shall be effectIve from the date of Its adoptIon of Adopted by the CouncIl of the CIty of VIrgInIa Beach, VIrgInIa on the August , 1993 Twenty-fourth day rr- -- ---'II:: - --"'..... - -~ APPR~¡ / . ---....... DEPARTMENT OF MANAGEMENT AND BUDGET APP~OVC;) r~s TO LEGAL G~FrjC~[NCY /// -,//(~ 'f-_N- - C \budget\93-94\clrkclfC ord vol 30 sgb August 11, 1993 - 15 - ~ CONSENT AGENDA ITEM # 37137 Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ALLOWED WITHDRA W AL: Ordinance to APPROPRIATE $3,500 from the Francis Land House Trust Fund and TRANSFER to the Board of Governors Trust Fund re donation toward purchase of Stair- Trac equipment needed to assist disabled visitors and $4,000 for the purchase of reproduction 18th- century chairs. The Correspondence dated August 20, 1993, from Reba S.McClanan, Chair - Friends of the Francis Land House, is hereby made a part of the record. Mrs. McClanan advised the Friends of the Francis Land House made a decision based on the advice of city departments and personnel to leave the funds they raised in the City Treasury, but to operate independently. The City Manager and City Attorney will research to determine, if an Ordinance was adopted regulating the transfer of funds concerning the Friends of the Francis Land House. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 - 16 - Item III-H. 6. CONSENT AGENDA ITEM # 37138 Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing the City Manager to TRANSFER $15,000 from the Economic Development Investment Program to the Vzrginia Beach Development Authority re underwriting a portion of the infrastructure costs for improvements to the Corporate Headquarters and Manufacturing Facility of MicroMax Distribution, Inc. relocating from Cleveland, Ohw, to the Oceana West Corporate Park at 2700 Avenger Drive. Voting: 10-0 Council Members Voting Aye. John A. Baurn, 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 Vzce Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 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 AN ORDINANCE AUTHORI ZING THE CITY MANAGER TO TRANSFER $15,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 WHEREAS, the City of Virginia Beach Development Authority 7 (the "Authority") was created pursuant to Chapter 643 of the Acts 8 of Assembly of 1964 (as amended) (the IIActs"); 9 WHEREAS, one of the primary purposes of the Authority as set forth in the Acts is to IIpromote industry and develop trade by inducing manufacturing, governmental and commercial industrial, enterprises to locate in or remain in the [City]....II; WHEREAS, the Economic on Development, of Department behalf of the Authority, has induced MicroMax Distribution, Inc. to locate its corporate headquarters and manufacturing facility in the City of Virginia Beach; WHEREAS, the inducement included an agreement to provide MicroMax Distribution, Inc. $15,000 to underwrite a portion of the infrastructure costs for improvements to its facility; WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in the Capital Program to provide 1990-91/1994-95 Improvement FY infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on April 20, 1993, the Authority, a determined that the by vote of 6-0, provision of the aforementioned incentive to MicroMax Distribution, Inc. would serve a valid public purpose and would be in furtherance of the purposes for which the Authority was created. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council finds the proposed investment to be in keeping with the purposes for which the Economic Development Investment Program Account was established and authorizes the City 35 36 37 38 39 40 41 42 43 44 Manager to transfer in the amount of $15,000 from the funds Economic Development Investment Program Account to the city of Virginia Beach Development Authority for the purposes set forth herein. Adopted by the Council of the City of Virginia Beach, 24 August Virginia, on the day of , 1993. CA-5079 MICROMAX.ORD R-1 PREPARED: 08/11/93 Approved as to content: ~~~ W. Andrew Burke II APPRO~ rTENT . - E D Block QQpt of Management and Budget , - ~ , APPROV:::O AS TO I EC"'" ..... ~\' ~¡Ct:.:NCY i- :.t '.L tH.Jrr. ~L;. ~~ '. E ~ 2 - 17- Item III - H. 7. CONSENT AGENDA ITEM # 37139 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance granting a franchise to operate an open air cafe on public property in the Resort Area (VIRGINIA BEACH BOROUGH): Fish Bones Restaurant, Inc. tfa Fish Bones Restaurant 1211 Atlantic Avenue 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Votmg Nay: None Council Members Absent: John D. Moss August 24, 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 35 36 37 1 2 3 4 5 6 AN ORDINANCE GRANTINq A FRANCHISE TO FISH BONES RESTAURANT, INC. TO OPERATE AN OPEN AIR CAFÉ, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT WITH THE GRANTEE 7 the City the regulations adopted has for WHEREAS, 8 operation of open air cafés on public property in the Resort Area; 9 Fish Bones Restaurant, Inc. (t/ a Fish Bones WHEREAS, Restaurant) has submitted an application for the operation of an open air café and has paid the application fee; WHEREAS, the representations made in the application comply with the aforementioned regulations; WHEREAS, the Convention and visitor Department of Development has determined that the proposed café will have no detrimental on the public health, welfare, effect safety, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That franchise Bones Fish is hereby to granted a Restaurant, to operate an open air café at 1211 Atlantic Inc. Avenue, Virginia Beach, Virginia 23451, from September 1,1993, to August 31, condi tioned on provision by the Grantee of an 1994, approved final site plan, liability insurance coverage, a security bond, the applicable franchise fee, and on such other terms and conditions as are required by the regulations and the Franchise Agreement; and That the City Manager is hereby authorized to enter into a Franchise the with subject Agreement the Grantee to aforementioned conditions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of August , 1993. I eYED AS TO CO ".,. i '- ,ì S r- CA-5250 ORDIN\NONCODE\FISHBONE.ORD R-1 PREPARED: August 10, 1993 C---j-:t,/ø (" " ÄPPR ( Þ. .,SUFFIC¡' á.;. CITY AnORNE't' - 18 - Item III - H. 8. CONSENT AGENDA ITEM # 37140 Attorney R. J. Nutter represented the applicant, displayed the rendering of the proposed sign. Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Regency Drive to New Regency Hilltop Associates re construction and maintenance of signs and landscaping in median on Regency Drive (LYNNHAVEN BOROUGH) The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of VIrginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL 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: None Council Members Absent. John D. Moss August 24, 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 35 36 37 38 39 40 41 42 43 44 45 46 1 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF REGENCY DRIVE TO NEW REGENCY HILLTOP ASSOCIATES, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in section 15.1-893, Code of Virginia, 1950, as amended, NEW REGENCY HILLTOP ASSOCIATES, L.P. , its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Regency Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining signs and landscaping and that said encroachment shall be constructed and maintained in accordance with virginia Works Public City of Beach the Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Regency Drive, on the certain plats entitled: "PROPOSED LOCATION OF NEW SECONDARY EMERALD POINT SIGN SCALE 1 "=20' VIRGINIA BEACH, VIRGINIA 5-7-93 MILLER- STEPHENSON & ASSOCIATES," "PROPOSED LOCATION OF NEW PRIMARY EMERALD POINT SIGN SCALE 1 "=20' VIRGINIA BEACH, VIRGINIA 5-7-93 MILLER- STEPHENSON & ASSOCIATES", copies of which are on file in the Department of Publ ic Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of New Regency Hilltop Associates, L.P., itself, its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Regency Drive and that it, its heirs, assigns and successors in title shall bear all costs and expenses of such removal. I II ,I THIS AGREEMENT, made this ~ / J day of August, 1993, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, (Grantor), and NEW REGENCY HILLTOP ASSOCIATES, I .1 L II I, I! ,; Virginia Limited business as Partnership, doing L.P., a Point formerly Apartments, Emerald Regency Apartments, (Grantee), its assigns and successors in title. WITNESSETH: WHEREAS , it is proposed by the Grantee to construct and II I II II II I: Ii II " 'I !I I maintain two freestanding signs (hereinafter "Signs"), in the City of Virginia Beach; and WHEREAS , in constructing and maintaining such Signs, it is necessary that the Grantee encroach into a portion of an city right-of-way known as Regency Drive, and said existing 'I Grantee has requested that the Grantor grant a temporary I' Ii encroachment to facilitate such Signs within a portion of the " I' ! I ! ' City's right-of-way known as Regency Drive. I I' NOW, THEREFORE, for and in consideration of the premises of the benefits accruing or to accrue to the Grantee and and I' I I; , , for the further consideration of One Dollar ($1.00), in hand I I I' paid to the Grantor receipt of which is hereby acknowledged, , ' , I ') the hereby the Grantor grants to Grantee a temporary (' ,I , I II I, I portion of the City's right-of-way encroachment to use a known as Regency Drive for the purpose and constructing of I maintaining II ! signs in the manner shown in the attached such Exhibits. , ¡ I I ,I " , , : I , , I' II I' It is agreed understood and expressly that such Virginia temporary encroachments will be maintained in accordance with I' II II ¡I II i! : I , I ¡ ! ;1 j ~ I : II I! . ¡ 11 Ii ! , II !i ! I I, I' I: the laws of the Commonwealth of and the . .. V~rg~n~a Beach, and in accordance with the City of Virginia City of Beach Public Works Department's specifications and which shall the following approval be for locations: (A) An area of encroachment into a portion of the City's right-of-way known as Regency Drive as shown on that certain plat entitled: "Proposed Location of New Emerald Point Sign" dated 5-7- signs location to show 93 the and the undeveloped utility service connection within the right-of-way, a copy been which of has , I I : ' ! submitted to the Grantor with an Application , , ! I for Encroachment dated June 17, 1993 and which " i; I, : i II I I' is attached hereto as Exhibit "A" and to which is reference made more particular for a description. : I I : I , , , I (B) , I II , I I' I' ! I An area of encroachment into a portion of the City's right-of-way known as Regency Drive , 1 : shown on that certain plat entitled: "Proposed Location of New Emerald Point Sign" dated 5-7- I , , signs location to show the 93 and the undeveloped utility service connection within I' I, , , I: Ii -2- as approval described 'I I I the right-of-way, copy of which has been a submitted to the Grantor with an Application for Encroachment dated June 17, 1993 and which I, I, , ! I II ,I , I I I is attached hereto as Exhibit "B" and to which . 1S reference made for more particular a description. It is further expressly understood and agreed that the temporary herein encroachments authorized shall terminate upon notice by the Grantor to the Grantee, and that within I 'I :' I , II II , I !i r¡ I! II , I ¡ : I Ii 'I I ¡ I; Ii ! . : i thirty (30) days after such notice is given, such temporary encroachment shall be removed from City's the right-of-way known as Regency Drive by the Grantee; and that the Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against : ' all claims, damages, losses and expenses including reasonable I , . attorney's fees in case it shall be file to necessary or Ii , , defend action due to the location or existence of such an I I' 'I II ¡ I! , temporary encroachments. It is further expressly understood and agreed that the , I' Signs shall be built substantially as shown on the Exhibits I II Ii I ¡ ,I submitted to the Grantor with the application dated June 17, 1993. I , , : , is It further expressly understood and agreed that nothing herein contained shall be construed to enlarge such I ¡ permission authority and permit maintenance to the or , , I , , I ¡ I' I -3- Ii I I I I II construction of any encroachment other than that specified herein the limited extent specified herein, nor to and to permit maintenance the and construction of any other encroachments other than those shown on the above described , I I' I I. Ii I' 11 II I' I' II II I I. !I I! II : I ~ I, I' ,I I' I' I plat. It is further expressly understood and agreed that the maintain said Signs so as not be become Grantee agrees to unsightly or a hazard. Grantee further agrees to obtain the necessary permits from the Development Services Center prior to construction within the right-of-way. It is further expressly understood and agreed that prior insurance to Highway of permit, the Grantee or its a contractor must post a Performance Bond and show proof of public liability insurance a minimum of Three Hundred of Thousand Dollars ($300,000.00). I' ! ¡ " " I¡ ,I 1/ " II II II II I " I; I I II Ii r I I' I! , I 'I I' It is further expressly understood and agreed that the encroaching Sign Exhibit shown "A" and "B" shall not on shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed twelve (12) feet above the natural grade at the curb, and the base shall be landscaped provided by Virginia the Beach Zoning as Ordinance. It is further expressly understood and agreed that the Grantor, upon revocation of such authority for either or both Signs and thirty (30) days notice to the Grantee, may remove Ii II I " such encroachments and charge the cost thereof to the any I , I '\ ! I -4- I , II , I , I " , I' ¡: Grantee, and collect the cost in any manner provided bylaw I for the collection of local or state taxes; may require the I II Grantee to remove such tempora~ encroac~ents; and after the thirty ( 30) day notice period, the Grantor may charge the Grantee compensation for the I " use of such portion of the I! City's right-of-way encroached upon the equivalent of what Ii would be the real property tax upon the land so occupied if I! it were owned by the Grantee and if such removal shall not be ¡I it made within the time specified above, the City may impose a I! penalty in the sum of One Hundred Dollars ($100.00), per day ,: I I; , I for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and II penalties in any manner I; I local or state taxes. Ii Ii " I I IN WITNESS WHEREOF, the said NEW REGENCY HILLTOP II I' ASSOCIATES, L.P., a Virginia Limited Partnership has caused provided by law for the collection of I: I I II this Agreement to I: ¡I its behalf by an authorized representative II Ii authority to act on behalf of the limited partnership. " il I Further, that the City of Virginia Beach has caused this be executed in its corporate name and on with due I. Agreement to be executed in its name and on its behalf by its Ii I! City Manager and its seal be hereunto affixed and attested by I' I I :1 its City Clerk. I I I ! I I! II , I I: I I I. I I -5- .,-- ~ ~ ..9~ O~ð .,I;j " () . ,\ - f' ""IIIOI;ICI I QtU. 5101 CT : 3 SU CIM CI I . &I~rl$ØII \ : ::~~~ 1 "U 111(1 CT I IIIICIIIßII tillS , posr (.Iuo. 11\1 'I IOU. I(ISO.S t'l ! ~ LOCATION MAP I' I ¡ 'I I, I I, I ¡ CITY OF VIRGINIA BEACH BY: City Manager/Authorized Designee of the City Manager I I II I' , I (SEAL) !i ATTEST: I; " II i\ CITY CLERK I! II II I: 'I ¡ II NEW REGENCY HILLTOP ASSOCIATES, L.P., A VIRGINIA LIMITED PARTNERSHIP 1\ I: By: Partner 'I : I I I I' J.? t> ~ ~~4 L "( 'Þ'2.. D v ~ \) 1'\- (TITLE) I' I , " I i STATE OF VIRGINIA I CITY OF VIRGINIA BEACH, to-wit: , , ': I II for th~ City and State I' , CITY ¡: CITY MANAGER PURSUANT TO !¡ whose name is signed to ! I on the - day of !: the same before me in my , 'I ; I , a Notary Public in and aforesaid, do hereby certify that MANAGER/AUTHORIZED DESIGNEE OF THE SECTION 2-154 OF THE CITY CODE, the foregoing Agreement bearing date 1993, has acknowledged City and state aforesaid. GIVEN under my , 1993. hand this day of I' II Ii I, ;, I: , , Notary Public ,..". , I My Commission Expires: , I -6- APPROVED AS TO LEGAl] SUFFICIENCY AND FORM 'D, s: ~ CITY AT ORNEY .... I: I: II " ,I II STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and state aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the City of virginia Beach, whose name is signed to the foregoing Agreement bearing date on the day of , 1993, has acknowledged the same before me in my City and State aforesaid. I I ¡ I! II II II ¡: II I ~ GIVEN under my , 1993. hand this day of Notary Public .. . My Comm~ss~on Exp1res: i III' STATE OF VIRGINIA 1'¿-~1J5 ;/LU Tf t<.-': t1 II CITY OF VIRGINIA BEACH 1 to-wit: /' It I L- TI II ~ ,/1 G :: I C AIt,.vc I~ f H;..cU ~ 4- L/ a Notary Pub 1 ic in and " L , !i for the City and State aforesaid, do hereby certify that I, 5í-¿Vê/'J /t f3E;C.Ó t.-7'L/ , whose name is signed to the foregoing ¡! Agreement bearing date on the 13 day of ~ v c;. u !;- -(- , ;1 1993, has acknowledged the same before me in my City and II State aforesaid. ! I I' , , ! I GIVEN 1993. under my hand this /~3 day of ./', I/,Ir- /I'-',-v....>/ , , Ii ~ ~~~~ Notary Public ~ r- , : I II ,: M C . . E. ;, y Om.m1ss~on xp1res: I' :,+ ~ /9iÇ- f ¡ , ¡ 1 s11/ docsjberger. agr II II NOT AAIAI.. SeAL. eLAINE M GAI,.LOWAY Notary Public City of Phllacelpnla Ptl/fa County My Commission E'(::lIres Sect 4 1995 I I' I I ¡ , , ¡ I' I II I' -7- I' ,I i' ~~eN L1P """""1 1 ';;-.q-:- ,-:r:--r,'::¡pf'1 Eq:~:-GÇ-R g- I-Ol1P':¡f'4YITEPhENSDI'o! I ,.., I .-. - -' ,-,-,' 1:.1.... -' - - J '- . EXHIBIT "An BØ4 4 9Ia Øt; 34 ,. , ~ ~U~ï1~ ~F ~~~ ; II ~~'-C' f??' Nï ~J N 11 . . . ~ N /JŒ vaw L1ÆH r' R'JL£ TÐ ~ EE A tr~~ RJI! ~ }l)J V e~ 7Z' EiJJA.f / IJÆTl!: ~ : NE1V !51f!¡).j. -a ..-.. ):, ~ x: .... .~ .m ~ ~ 1;' \1\ 1'i - ~ B ~ Q ~ - ~ {t( r-........ 8- , A- I ~. ~~ I .. - ,. '" , . . 4 . . - n. . . . . . ~ . . " . . . . t~......,. - . ,..., . ~. . -.. '. "/ . ,. e. . e .. .., .. .. .. ..." . . " . .. , . . . .' .. '. . . . .. .. .- - ~ ~<2tN 1Z:> Ðe re¡seN~D P.3)J I I I ~ ~ ~ ~ ~ 1: %. \1 f i ~5 . ~ ~-nD~ d)F Ne\~ ~C&i'-lDA~Y ~M~f<!,A.f-D ~~'-' ~ø.N' '-/ 1 ~ t ,..J IA e~C~ I V, ~ J N lA. f "~l~~ -~~~ c A~~-r-J~~ TOTAL P. Ø3 ~ I ~t.~ ? -7- ~~ - T~.~ --R ~I: ~ V; ~'t~ì -- ,\8' -. ~\v \~~ '- ~"~-:?3 . .. "r ~ 1'1' 0 i.\. 1) .. r:: I ~:- ,(.¡- . t \~. . \F¡". ,t¡o .' \, , .J . . ~ ,.~. _.;; -- -~ . ~ ~ . - ~ --:.~ - ~\ ~ -" 417. 70' "/ - - ~~. - \~. - - ~ '-- - ~ T :3ri'1 J -. - ~\ ~~~\:- \.4:; ~~~~~~. -"$.:P1 . ~~:~ ':' . ~ t\.'J/ ~. ~ \ ~ \ ,. , . ~~' . ~ '\, ~'~. " . fREMOVE :!: 25 L.E OF I .'~ \\-' ~v '! (\.I ')~ ~b-'-"-= - 'F J ~ .sIGN 1l'?Þ TC ¡ 3.68 r-=:¡: ~~':" ,.n ,..,. ~'#' IZ"t./ --~~ \tr~ 1 ~ '. . tJ \ , . ~~- of! - . N . . -; R£GENCY DRIVE . ~~ t.~/ ...f.I)¥. (SO' R/W) A -\%~ ~ v'9 ~~;.,^ u~ ~"<V' ",\ ~ ~ . ~ip1 I' \,,' A ~\J:' . : 'If' \V ~~ ,.. ~ - 1Á~~ 7~~ .~ . R~ :t ~8 So ~ OF PA~MENT = , n _°- - .,.' .,<. ~ - "'------ ~. 1ilffE:t ð~~- . -, . -:--;-". .~.. --'.. . þ ~~ . ~ " ..r.~" . . .' . ,. ::!::::::' -= ~,~ .~. '. . i~< ' I =1 ~ :" . . . ,~. . I - - ~~oy'. :: ~J2r. - ;;% - ~ER~~g~~A$-.p--- ~ÝA.~\. "'\1' "')v ,~/" ~, (\ I 7\" ~'i f)Ø;{' ~ \~y \'7 0/>' ,t.' $~ ~~.~ ..' b~ . ~~ . oJ4( ./.~#:..)j~tKING CHARLE~:~~ I' v~~ ~ ~ ~~~~~. I COURT' ~~ ~ ~ -~. "~¡'~ -----'-' 'A~;=~~ e.~ "" ~ ../ N4'é: VffCO l/ðl/l FLU 70 IX .ffC('./=ëc;E:D Æ1fl ¡OlVER Tl) D tlJ,~41N.47L ¡Y£lV 1: -.I?J ~ /, -, ...~ ,t.,." fY~~ '~O~ ~~ , J4ç:.,'-" ~,tv~-y ~)Ý~f2,Ä~~ ~lC'~ ~l~N ~ l";-r3V "J\~\N t~ ~AC\4 I "\~U'-J(A... ~"f..,??? ,\1.H.~~.~fZ... ~~fI~~N~N ~ A';~À~5 I EXHIBIT "B" ro \r,( - 19 - Item IU-/f.9. CONSENT AGENDA ITEM # 37141 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to Charge-Off delinquent accounts of the departments of Public Utilities, Public Works', Police, Planning, General Services, Information Technology and General Registrar totalling $306,394.80 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wzllzam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 ---- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 AN ORDINANCE TO CHARGE-OFF DELINQUENT ACCOUNTS 3 WHEREAS, it is standard accounting procedure to allow for a charge-off 4 of uncollectible accounts, and 5 WHEREAS, an earnest and diligent effort has been made by city 6 departments to collect their overdue accounts, and 7 WHEREAS, the following accounts which total $306,394.80 are deemed to 8 be uncollectible: Public Utilities: FY88-89 Water Usage/Sewer Maint. Bills. . . . Invoices for Services and Inspections. . . Public Works' Traffic..... ...... ...... ..... Refuse ..... ....... ...... Highways ..... ........ ..... Police: FalseAlarms ................... AnimaIControl.................... Planning. .... .... ...... General Services: Telecommunications Information Technology. . . . . . . . . . . . . . GeneraIReglstrar..... ....... ..... TOTAL .. $258,637.11 .. 13,257.60 . .. 29,686.54 . 1 ,850.17 658 88 . . . . .. ... 625.00 .. ..1,151.00 . . . 4 1 6 00 6875 . .. .. 30.00 . .. . 1375 $306.394.80 NOTE' The individual invoices are available for City Council review NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that $306,394.80 of accounts receivable as represented above to be charged-off as uncollectible accounts as of June 30, 1993 Adopted by the City Council of the City of Virginia Beach, Virginia on the 24 Augsut , 1993 Af'P~1D AS TO~!. ,T5,;/ \:1[{[ Lt (~¿L {I \ ,-- ~JiL{/I;L , SIG¡~ATU¡;E I " /1 ¡ ~'ll / ) i ( DEPt,:; r¡,~.=r IT day of APPROVED AS TO LEGAL 1 SUFfiCIENCY AND FORM j , ( l1Q--" 1\((^-I- CITY ATTORNEY -- - 20- ~ CONSENT AGENDA ITEM # 37142 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $1,785.44 upon application of certain persons and upon certification of the City Treasurer for payment. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay' None Council Members Absent: John D. Moss August 24, 1993 FORM NO C A 7 8/9/93 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Year Type of Tax Ticket Number Exonera- tion No. Date Paid Penalty Int. Total Calvin & Virgilia Childress 93 RE(1/2) 20530-5 11/18/92 17.44 Douglas R & Dorothy Knab 93 RE(2/2) 63401-1 7/21/93 65.44 Richard & Geraldine Meyers 93 RE(1/2) 77600-0 11/25/92 218.92 Richard & Geraldine Meyers 93 RE(2/2) 77600-0 6/5/93 218.92 Richard & Geri Meyer 92 RE( 1/2) 76663-7 12/4/91 218.92 Richard & Geri Meyer 92 RE(2/2) 76663-7 6/1/92 218.92 Susan Constant Real Estate Tr 92 RE ( 1/2) 112221-5 11/12/91 103.55 Susan Constant Real Estate Tr 91 RE(I/2) 111698-2 11/8/90 98.04 Susan Constant Real Estate Tr 91 RE(2/2) 111698-2 11/8/90 98.04 Walter & Evelyn Smith 90 RE(2/2) 105948-3 7/30/93 488.25 Louis F Miller Jr N/A Pkng 415256 6/21/93 12.00 Robert Hofheimer N/A Pkng 419442 7/7/93 10.00 Phyllis T Porter N/A Pkng 361406 7/20/93 10.00 Christopher J Cassa 93 Dog V22500 6/10/93 7.00 Total 1,785.44 This ordinance shall be effective from date of adoption. The aï07~~b~lement(s) totaling ~, . were approved by the Council of the City of Virginia Beach on the~~ day of August, . 1993 Approved as to form. Ruth Hodges Smith City Clerk - 21 - Item III-H 11 CONSENT AGENDA ITEM # 37143 Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $3,148.90 upon application of certain persons and upon certification of the Commissioner of the Revenue for payment. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. John D. Moss August 24, 1993 FORM NO CA 8 REV 31116 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Business Communications Systems P.o. Box 12721 1992 Roanoke, VA 24028 Audit 585.57 585.57 CMA Construction Company Inc. P.O. Box 62023 1991-92 Virginia Beach, VA 23462 Audit 705.09 705.09 Copeland, Patricia A. T/A Panache 3404 Harrow Cross Virginia Beach, VA 23452 1990-92 Audit 41.68 41.68 Certified as to Payment -? 7 ~~ /L//¥=- ~obert P Vaughan' Commissioner of the Revenue Approved as to form L~l City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 1,332.34 were approved by the Council of the City of Virginia Beach on the 24 day of August , 19 93 Ruth Hodges Smith City Clerk FORM NO CA 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Crane, Bonnie W. & Ralph B. T/A Village Barber Shop 1992 Audit 21.11 21.11 1901 Blue Knob Road Virginia Beach, VA 23464 David A. Miller, Jr. PC 1992-93 Audlt 635.42 635.42 605 Lynnhaven Pkwy., SlOO Virginia Beach, VA 23452 Discount Auto Sound Inc. 1992 Audit 429.38 429.38 T/A Discount Auto Sound 423 S. Lynnhaven Road Virginia Beach, VA 23452 Edelheit, Donald C., Dr. 1992 Audit 540.90 540.90 414 Sinclair Street Norfolk, VA 23505 Certified as to Payment ----~ . ,// ~ ~~ /' L---Robert P Vaughan Commissioner of the Revenue Approved as to form rdc~'cY~ eshe L LIlley ~ CIty Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 1,626.81 were approved by the CounCIl of the City of Virginia Beach on the 24 day of August , 19 93 Ruth Hodges SmIth City Clerk FOAM NO C.A. 8 REV 3'86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved' NAME License Year Date Paid Base Penalty Int Total Interior Motives of Va. Beach Inc. 1249 Hartford Drive 1991 Virginia Beach, VA 23464 Audit 59.78 59.78 Specialty Products Sale Co. Inc. 4116 Duncannon Lane 1990-91 Virginia Beach, VA 23452 Audit 22.15 22.15 Wickline, Amherst H., Jr. T/A A H Wickline 2244 Branch Drive Chesapeake, VA 23321 1992-93 Audit 107.82 107.82 CertifIed as to Payment Approved as to form ~y~ CIty Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 189.75 were approved by the Council of the City of Virginia Beach on the 24 day of August 19 93 I Ruth Hodges Smith City Clerk - 22- Item III - L RECOGNITION ITEM # 37144 Mayor Oberndorf recognized the following Scouts in attendance during the City Council Session to earn their merit badges: TROOP 419 J(jngs Grant PresbyterÜln Church Matthew HUlleman Dan Hebner TROOP 985 Brian Coleman August 24, 1993 - 23 - i1uJL.lll:::LL RES OL UTI 0 NS / ORDINANCES ITEM # 37145 The following spoke re the REAPPORTIONMENT CONCEPT OPTIONS: Terry Elliott, 3888 Dawley Road, Phone: 721-0291 John O. Parmele, 1316 Yawl Point, Phone: 481-1259 Sheldon Corner, 3215 Susan Constant Drive, Phone: 428-1731 Al Strazzullo, 3120 Sandpine Road, Phone: 481-0024 Captain Les Fenlon, 2224 Scallop Road, Phone. 481-2501, represented the Great Neck Association of Civic Leagues Colonel Robert Engessor, 5290 Vestry Drive, Phone: 490-3157 Helen Shropshire, represented Cyndy Bourquard - League of Women Voters, 253 West Freemason Street, Norfolk, Phone: 627-3396 and read her letter as Mrs. Bourquard had to leave. Lee Banks, 1901 Jack Frost Road, Phone: 464-4023 Maurice B. Jackson, 1125 Ditchley Road, Phone: 23451 Lou Pace, 1908 Hunts Neck Road, Phone: 468-0925 Bea CoBell, 2528 Hunting Horn Way, Phone: 486-6564 Terrence P. Fahey, 505 General Gage Road, Phone: 499-9342 Everett G. Johnesee, 3125 Basin Road, Phone: 496-2468, President of Lynnhaven Colony Civic League R. S. Poole, 1953 King William Road, Phone: 464-5918 Herb Taylor, 3325 Sandpiper Road, Phone: 426- 7286, represented the Sandbridge Civic League and spoke in favor of the entire Sandbridge area being included in the Pungo/Blackwater Borough and thus having only one representative. E. George Minns, President - NNACP, Post Office Box 4548, Phone. 457-0737 Attorney Bernard T. Holmes, 1201 Lake James Drive, Phone: 424-1909 The City Clerk read into the record correspondence from Councilman Moss in SUPPORT of the OPTION 2 - 7 District - 4 At Large Plan. Said letter is hereby made part of the record. August 24, 1993 - 24- ~ RES OL UTI 0 NS / ORDINANCES ITEM # 37145 (Continued) A MOTION was made by Councilman Lanteigne, seconded by VIce Mayor Sessoms to ADOPT, AS REVISED, a Resolution for modifying the existing Electoral Plan by dividing Kempsville Borough into two (2) Boroughs and consolidating Pungo and Blackwater Boroughs (Entire Sandbridge area shall be included in Pungo/Blackwater Borough) AND, Proposed Charter Amendment to Sections 3.01 and 3.02:1 of the Charter of the City of VIrginia Beach, VIrginia, re Division of the City into Boroughs and Council Elections. (OPTION 1: Modified 7-4 Plan) A SUBSTITUTE MOTION was made by Council Lady Parker seconded by Councilman Dean to ADOPT, AS REVISED, Resolution dividing the City into seven (7) equally populated single-member Districts with three (3) members and the Mayor elected At Large; AND, Proposed Charter Amendment to Sections 3.01 and 3.02:1 of the Charter of the City of VIrginia Beach, VIrginia, ADDING Section 3.02 re Division of the City into Districts and Council Election with division of boundary lines not to fragment neighborhoods. (OPTION 2: 7 District - 4 At Large Plan) Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: James W. Brazier, Jr., Robert K Dean, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay. John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Absent: John D. Moss August 24, 1993 - 25- ~ RES OL UTI 0 NS / ORDINANCES ITEM # 37145 (Continued) Upon motion by Councilman Lanteigne, seconded by VIce Mayor Sessoms, City Council ADOPTED, AS REVISED: Resolution for modifying the existing Electoral Plan by dividing Kempsville Borough into two (2) Boroughs and consolidating Pungo and Blackwater Boroughs (Entire Sandbridge area shall be included in Pungo/Blackwater Borough) AND, Proposed Charter Amendment to Sections 3.01 and 3.02:1 of the Charter of the City of VIrginia Beach, VIrginia, re Division of the City into Boroughs and Council Elections. (OPTION 1: Modified 7-4 Plan) Voting: 6-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert K Dean, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: John D. Moss August 24, 1993 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 A RESOLUTION PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE GENERAL ASSEMBLY SHOULD BE REQUESTED TO AMEND THE CITY'S EXISTING COUNCILMANIC ELECTORAL PLAN TO PROVIDE FOR CONSOLIDATION OF THE LEAST POPULOUS BOROUGHS OF BLACKWATER AND PUNGO INTO ONE (1) BOROUGH WITH ENLARGEMENT OF THE CONSOLIDATED BOROUGH, GENERALLY, NORTH TO THE "GREEN LINE" AND ALSO NORTH TO THE NORTHERNMOST BOUNDARY OF THE SANDBRIDGE COMMUNITY, AND TO PROVIDE FOR DIVISION OF THE MOST POPULOUS BOROUGH OF KEMPSVILLE INTO TWO (2) BOROUGHS. WHEREAS, pursuant to the existing Charter of the City of Virginia Beach, the City is divided into seven (7) boroughs based on the geographic boundaries of the boroughs of old Princess Anne County and the former City of Virginia Beach as of 1966, without regard to population; WHEREAS, pursuant to the existing Charter, city Council consists of eleven including the mayor, one (1) members, (11) member elected by the City at large from among the residents of each of the seven (7) boroughs, and three (3) members and the mayor elected by and from the city at large; WHEREAS, the population of the seven (7) boroughs of the city of Virginia Beach as of the 1990 U.S. Census was approximately as follows: Bayside 73,557; Blackwater Beach 966; 9,275; Kempsville 144,393; Lynnhaven 92,692; Princess Anne 63,708; and Pungo 3,478; WHEREAS, the City Council has undertaken an extensive review of the existing councilmanic electoral plan; WHEREAS, as part of its review, City Council encouraged participation and involvement in the review process by its citizens and by representatives of including, but not interest groups limited to, minorities and civic leagues; WHEREAS, City Council solicited alternative plans from citizens services a interest engaged of the and groups, professional firm to study both the existing electoral plan and 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 certain alternative plans to determine whether such plans would comply with applicable provisions of federal and state law; WHEREAS, City Council conducted public hearings on April 20, April 27, May 4, and May 26,1993, to enable interested parties to comment on the existing councilmanic electoral plan, and on the proposed alternative plans which were submitted in response to Council's solicitation; WHEREAS, based on its review of the existing plan, and of alternative plans submitted by interested parties, City Council is of the opinion that the existing electoral plan should be amended as follows: (i) by consolidation of the least populous boroughs of Blackwater and Pungo with enlargement of the consolidated borough, generally, north to the "green line" (the boundary south of which the City is primarily agricultural and, in accordance with the Comprehensive Plan, public funding is not available to support urban-type development) and also north to the northernmost boundary of the Sandbridge community; and (ii) by dividing the most populous borough of Kempsville into two (2) boroughs; and WHEREAS, City Council is also of the opinion that the voters of the city of Virginia Beach should be asked to decide whether the Council should request the General Assembly to amend the city's existing electoral plan as provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Circuit City is hereby the the Court of requested to order an election pursuant to sections 15.1-834 and 24.1-165 of the Code of Virginia of 1950, as amended, to be held on November 2, 1993, to determine if the qualified voters of the City desire the City Council to request the General Assembly to amend the City's existing councilmanic electoral plan to provide for consolidation of the least populous boroughs of Blackwater and Pungo into one (1) borough with enlargement of the consolidated borough, generally, north to the "green line" (the boundary south 2 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 of which the city is primarily agricultural and, in accordance with the Comprehensive Plan, public funding is not available to support urban-type development) and also north to the northernmost boundary of the Sandbridge community, and to provide for division of the most populous borough of Kempsville into two (2) boroughs. 2 . That the boundaries of the newly-created boroughs shall be in substantial conformance with the map and plan attached hereto as Exhibit A. 3. The question for the public ballot shall read as follows: Should City Council request the General Assembly to amend the ci ty I S existing councilmanic electoral plan (i) to provide for consolidation of the least populous, primarily rural, boroughs of Pungo and Blackwater into one borough and to include in this consolidated borough the entire Sandbridge communi ty and. generally that part of the southernmost portion of the borough of Princess Anne which is primarily rural; and (ii) to provide for division of the most populous borough of Kempsville into two boroughs? 4. If the qualified voters of the City vote in favor of such request, the Mayor shall provide for the transmittal of two (2) certified copies of the results of such election together with the publisher's affidavit and the proposed amendments to the City's Charter to one or more members of the General Assembly representing the city with a request that the General Assembly amend the Charter in the manner provided in section 15.1-834. Adopted by the Council of the City of virginia Beach, 24 August Virginia, on the day of , 1993. CA-5255 ORDIN\NONCODE\MOD7-4.RES R-10 PREPARED: August 26, 1993 . . 3 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 OPTION 1 MODIFIED & 7-4 PLAN 1 2 3 4 5 6 PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY AMENDING SECTIONS 3.01 AND 3 . 02 : 1 , PERTAINING TO THE DIVISION OF THE CITY INTO BOROUGHS, AND COUNCIL ELECTIONS 7 Division of city into boroughs; composition of council. Sec. 3.01. 8 The city shall be divided into seven ill boroughs. One 9 of such boroughs shall comprise the City of Virginia Beach as existing immediately preceding the effective date of this Charter and shall be known as the borough of Virginia Beach~ aftà ~The remaining six iQl boroughs shall comprise the six 1&1 magisterial districts of Princess Anne County as existing immediately preceding the effective date of this Charter and shall be known as the boroughs of Bayside, Blackwater, Kempsville, Lynnhaven, Princess Anne (formerly known as Seaboard) and Pungo; provided. however. that effective 1996. the borough of most populous July 1. Kem sville shall be divided into two 2 borou hs to be known as the boroughs of North Kempsville and South Kempsville. the least populous boroughs of Pungo and Blackwater shall be consolidated in... t 0 one W þorougþ Pun 0 Blackwater and the shall be enlaraed :Jcnown þorougþ ot: to þe as tþe consolidated borou h of Pun 0 Blackwater in accordance with the boundaries established by ~inance pursuant to suþsection ~s section. The council shall consist of eleven illl members, including the mayor, one ill member to be elected by the city at large from among the residents of each of the seven 111 boroughs and three idl members and the mayor to be elected by and from the city at large. 1QL The precise boundaries of the North Kempsville. South Kem sville and Pun 0 Blackwater borou hs shall be established by ordinance in 1994. Sec. 3.02:1. Election of oouncilmcn councilmembers. III At the general election held in May of 1996. the qua~ voters oL..t.he c:lty s~ect one W memþer ¡rom each 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 of the borou hs of Princess Anne Pun 0 Blackwater vir inia Beach and whichever or Kempsville borough. North South. becomes unre~resented establispment result of the o~he as a new boroughs. the at large member whose term expires on June 30. ¡996. and the mayor. Thereafter. all council elections shall be held in accordance with the schedule set forth in subsection b of this section. 1.Ql There shall be a general election on the first Tuesday in years in election even-numbered for May the of councilmen councilmembers to replace those whose terms expire at the end of June of that year. The term of off ice for each councilman councilmember shall commence on July 1 next following the date of election and shall continue until his successor has been duly elected and qualified. All councilmen councilmembers and the mayor shall be elected for terms of four il.L years. Each candidate shall state, at the time of filing, whether he is running at borough his residence or for large from the of mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. 1£l. ~hstandjng tþe prov~ions of suþsections (gl and b of this section the member from the Pun 0 borou h who is elected for a term of office commencinq July 1. 1994. shall serve L-term of two ¡n adJtition. tþe memþer from tM w years. Kempsville borough who is elected for a term of office commencing July 1. 1994. shall continue to serve as representative of either the North Kempsville or South Kempsville borough. from July 1. 1994. to June 30. de~ending on the borough in which he 1996. resides. Adopted by the Council of the City of Virginia Beach, Virginia on the 24 August day of , 1993. CA-5255 ORDIN\NONCODE\MOD7-4.0RD R-3 DATE: August 18, 1993 2 Modified 7/4 Plan C -Sub 1 EX IBIT A L Exhibit A Modified 7/4 Plan C-Subl IDEAL POPULA TION FOR EACH DISTRiCT 56,153 PERCENT DEVIATION OF IDEAL POP OF TTLPOP 56,153 DISTRICT . Bayslde 73,557 30.99°/(" Beach 9,275 -83 48°/(" Kempsville North 57,937 3.18% Kempsville South 86,541 54.12% Lynnhaven 92,692 65.07% Princess Anne 65,008 15.77°/(\ Pungo/Blackwater 8,059 -85.65% Total 393,069 All population statistiCS are based on complete 1990 U.S. Census blocks. Existing borough boundanes do not follow 1990 Census blocks because the exlstmg borough boundarIes predate the 1990 Census and the 1990 Census blocks did not fol1ow borough boundaries. Where an existmg wstoncal borough boundary cuts through a complete Census block, the population WIthIn the split Census block has been included for statistical purposes m \ whichever borough It IS estmwted holds the majonty population of the splIt block. Modified 7/4 Plan C-Subl RACE PERCENTAGE OF ITLPOP ~ PER DISTRICT DISTRICT TTLPOP % WH ITE WHITE OFTTLPOP % BLACK BLACK OF TTLPOP % NATIVE NATIVE OF TTLPOP % ASIAN ASIAN OF TTLPOP % OTHER oAt hasp OTHER OF TTLPOP HISPANIC OF TTLPOP . Bayside 73,557 56,515 76.83O/( 13,657 18.57°/(1 260 0.35% 2,200 2.99% 925 1.26°/~ 2,611 3.55°/(1 Beach 9,275 8,558 92.27% 567 6.11 % 39 0.42% 66 0.71% 45 0.49°j(¡ 191 2.06°/( Kempsville Nonh 57,937 49,567 85.55% 5,416 9.35°/(1 217 0.37°1c 2,403 4.150/r 334 0.58°j(¡ 1,317 2. 270/( Kempsville South 86,541 62,771 72.53 % 14,269 16.49°/(1 267 0.31 °/(; 8,359 9.66% 875 1.010/", 3,162 3.65% Lynnhaven 92,692 79,924 86.23% 10,350 11. 17% 276 0.30% 1,542 1.66°/" 600 0.650/", 2,252 2.43% Princess Anne 65,008 52,071 80.10% 9 ,468 14.56°j(,¡ 285 0.44% 2,385 3.67% 799 1.230/(1 2,558 3.93% Pungo/Blackwater 8,059 7,002 86.88% 944 11 .71 oj(¡ 40 0.50% 70 0.87°1c 3 0.040/0 46 0.57% Total 393,069 316,408 54,671 1 ,384 17,025 3,581 12,137 . All population statistics are based on complete 1990 U.S. Census blocks. Exlstmg borough boundanes do not follow 1990 Census blocks because the exIstmg borough boundanes predate the 1990 Census and the 1990 Census blocks did not follow borough boundanes. Where an exlstmg histoncal borough boundary cuts through a complete Census block, the population WIthIn the split Census block has been mcluded for statistical purposes 1ß \ whIchever borough It IS estimated holds the maJonty population of the split block. Modified 7/4 Plan C-Sub 1 DISTRICT POPULA TION BY RACE BREAKDOWN DISTRICT TTlPO P WHITE BLACK NATIVE ASIAN OTHER OVR18 TTlPOP OVR18 WH ITE OVR18 BLACK OVR18 NATIVE OVR18 ASIAN OVR18 OTHER OVR18 HISP HISP ¡ . Bayslde 73,557 56,515 13,657 260 2,200 925 55,284 43,388 9,522 207 1,546 621 1,746 2,611 ,Beach 9,275 8,558 567 39 66 45 7,946 7,391 433 33 52 37 151 191 Kempsville North 57,937 49,567 5,416 217 2,403 334 42,798 36,971 3,669 154 1,774 230 907 1,317 Kempsville South 86,541 62,771 14.269 267 8,359 875 56,713 41 ,994 8,798 176 5,250 495 1,906 3,162 ILynnhaven 92,692 79,924 10,350 276 1,542 600 70,437 61,630 7,071 204 1,114 418 1,541 2.252 : Pnncess Anne 65,008 52,071 9,468 285 2,385 799 43,795 35,378 6,061 207 1,625 524 1,645 2,558 'Pungo/Blackwater 8.059 7,002 944 40 70 3 6.209 5.323 803 32 50 1 I 37 46 ¡ Total 393,069 316,408 54,671 1 ,384 17,025 3,581 283,182 232,075 36,357 1,013 11,411 2.326 7,933 12,137 I AIl populatIon statIstICS are based on complete 1990 U.S. Census blocks. Exlstmg borough boundanes do not follow 1990 Census blocks because the exIstmg borough boundaries predate the 1990 Census and the 1990 Census blocks dId not follow borough boundanes. Where an exlstmg h1stonc.aI borough boundary cuts through a complete Census block, the population WIthIn the spht Census block has been mcluded for statIstIcal purposes m \ wh.tchever borough It 15 estimated holds the maJonty populatIOn of the spht block. - 26- Item III -12. RES OL UTIO NS /0 RDINAN CES ITEM # 37146) Lou Pace, 1908 Hunts Neck Road, Phone: 468-0925, spoke in OPPOSITION: Upon motion by Councilman Jones, seconded by Vzce Mayor Sessoms, City Council ADOPTED, AS REVISED: Resolution requesting the SPORTS AUTHORITY of HAMPTON ROADS assist in the financing of a horse racing facility in the City of Vzrgznia Beach and related off-track betting facilities throughout Vzrginia. AND, Inducement Resolution 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor William Ð. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 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 35 36 37 1 2 3 4 5 6 RESOLUTION REQUESTING THE SPORTS AUTHORITY OF HAMPTON ROADS TO ASSIST IN THE FINANCING OF A HORSE RACING FACILITY IN THE CITY OF VIRGINIA BEACH AND RELATED OFF-TRACK BETTING FACILITIES THROUGHOUT VIRGINIA 7 WHEREAS, at the direction of City Council, representatives of 8 the City of Virginia Beach, Virginia (the "City"), and Churchill 9 Incorporated have described to the Sports Authority of Downs, Hampton "Authority") Downs, Churchill Roads (the plans for Incorporated or an affiliated entity ("Churchill Downs") to develop a horse racing facility at a site in the southern part of the city (the Track" ) betting facilities and related off-track "Race throughout Virginia at a total cost of approximately $58,000,000 to be financed through a combination of public and private sources; WHEREAS, the City and Churchill Downs have entered into an Agreement of Intent for Churchill Downs to develop the Race Track and the off-track betting subj ect to obtaining a facilities, license from the Virginia Racing Commission, and for the City to construct certain public improvements at its cost and to assist in the financing of certain other improvements associated with the Race Track, including making up a deficiency in a debt service reserve fund in connection with a bond issue; and WHEREAS, the Authority was created for the purpose of acquiring, constructing, equipping, financing, maintaining and/or operating a public recreational and sports facility containing one or more race tracks and related facilities, and has in open session on August 13, expressed its interest in the proj ect and 1993 willingness to perform. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Sports Authority of Hampton Roads is hereby requested to participate with the City and Churchill Downs in the development of the race track, including acquiring and developing land and issuing in estimated bonds amount at up to revenue an now $17,800,000 to finance certain facilities of the race track and to do all things appropriate to achieve these ends. The Authority is 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 further requested as a first action in this regard to adopt as soon as practicable, an later but not than September 3, 1993, "inducement resolution" in substantial conformity with that which is attached agreeing to such participation. BE IT FURTHER RESOLVED that the City Council agrees that such agreement to participate by the Sports Authority with the City and Churchill participation does not preclude the by the Downs Authority in similar projects within the region. BE IT FURTHER RESOLVED that the City Manager is authorized to do all things necessary to provide for the reimbursement of the Authority for out-of-pocket, non-contingent legal fees for general counsel associated with the development of documents f or the project not to exceed $15,000; to provide for City costs of bond counsel services upon and, the formal for the same purposes agreement participate the Authority, by the to carry-out to development of documents, subj ect to agreements and contracts, final approval by the City Council. Adopted Council Virginia Beach, City the the 24 of of by August Virginia, on the day of , 1993. CA-5266 Noncode\Sports.Res R-3 August 20, 1993 2 RESOLUTION OF SPORTS AUTHORITY 0 F HAMPTON ROADS WHEREAS, representatives of the City of Virginia Beach, Virginia ("the City"), (and Churchill Downs, Incorporated have) (has) described to the Sports Authority of Hampton Roads (the "Authority") plans for Churchill Downs, Incorporated or an affiliated entity ("Churchill Downs") to develop a horse racing facility at a site in the southern part of the City (the "Race Track") and related off-track betting facilities throughout Virginia at a total cost of approximately $58,000,000 to be financed through a combination of public and private sources; WHEREAS, the City and Churchill Downs have entered into an Agreement of Intent for Churchill Downs to develop the Race Track and the off-track betting facilities, subject to obtaining a license from the Virginia Racing Commission, and for the City to construct certain public improvements at its cost and to assist in the financing of certain other improvements associated with the Race Track, including making up a deficiency in a debt service reserve fund in connection with a bond issue; and WHEREAS, the City has agreed to reimburse the Authority for out-of-pocket legal fees for general counsel associated with the development of documents for the project, not to exceed $15,000; and WHEREAS, The Authority was created for the purpose of acquiring, constructing, equipping, financing, maintaining and/or operating a public recreational and sports facility containing one or more race tracks and related facilities; NOW, THEREFORE, BE IT RESOLVED BY 1HE SPORTS AUTHORITY OF HAMPTON ROADS: 1. The Authority hereby finds and determines that development of the Race Track is a "project" authorized pursuant to the Public Recreational Facilities Authorities Act §§ 15.1-1271 et seg. of the Code of Virginia of 1950, as amended, and Chapter 426 of the Acts of Assembly of 1986 and will result in substantial direct and indirect economic benefits to the City and adjoining localities in the region that are members of the Authority and that participation of the Authority in developing the Race Track will be consistent with the purposes for which the Authority has been created. 2. The Authority hereby agrees to participate with the City and Churchill Downs in developing the Race Track, including acquiring and developing land and issuing revenue bonds in an amount now estimated at up to $17,800,000 to finance certain facilities constituting part of the Race Track, subject to financing arrangements satisfactory to the Authority and the City, the completion of formal documentation satisfactory to the Authority, receipt of approving opinions satisfactory to the Authority and the award of a license to Churchill Downs by the Virginia Racing Commission. The Authority understands and agrees that the Race Track will be leased to and operated by Churchill Downs, that rent paid by Churchill Downs is expected to pay principal of and interest on the bonds and provide for a annual payment to the Authority of $20,000 for costs, and that the Authority will have no financial obligation on the bonds, but that the bonds will be payable solely from amounts derived from the ownership or operation of the Race Track or amounts pledged to the payment of the bonds by third parties. The Authority understands and agrees that upon payment of all outstanding Authority debt, the property and improvements will be transferred to Churchill Downs, its successors and assigns for a sum to be determined, such sum to be paid to the City of Virginia Beach. 3. All costs and expenses incurred by the Authority in connection with the financing, acquisition, construction, and equipping of the Race Track and related facilities including, without limitation, the fees and expenses of bond counsel, counsel to the Authority, and counsel to the underwriter, shall be paid from the proceeds of the bonds. If for any reason the bonds are not issued, it is understood that all costs and expenses shall be paid by the City (but the obligation of the City to pay the Authority's general counsel fees shall not exceed $15,000 without further approval from the City) and the Authority shall not be responsible therefor. 4. Churchill Downs and the City acknowledge and agree that the adoption of this resolution by the Authority and its agreement herein to participate with the City and Churchill Downs in developing the Race Track shall not be considered an agreement to participate exclusively with the City and Churchill Downs, but that the Authority may adopt similar resolutions simultaneously to assist or participate with other cities and operators to build a Race Track in any city or county of any of the members of the Authority. - 27- ~ RES OL UTI 0 NS / ORDINANCES ITEM # 37146 Councilman Dean read into the record correspondence from Councilman Moss in OPPOSITION to the compensation of the City Manager and City Real Estate Assessor. Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance Pertaining to the Compensation of the City Manager (Effective December 1, 1993, the salary of the City Manager is hereby increased in the amount of $4,860.00 to a level of $112,860.00 annually) Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: Robert K Dean and Nancy K Parker Council Members Absent: John D. Moss August 24, 1993 10 11 12 13 14 15 16 17 18 1 2 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER 3 City and Council has evaluated the performance WHEREAS, 4 compensation of the City Manager; and 5 WHEREAS, based on this evaluation, city Council has determined 6 that an adjustment in the compensation of the City Manager would be 7 appropriate. 8 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: That effective December 1, the salary of the City 1993, Manager is hereby increased in the amount of $4,860.00 to a level of $112,860.00 annually. Adopted Council City Beach, Virginia of of the by the 24 , 1993. August Virginia, on the day of CA-5264 ORDIN\NONCODE\CA5264.0RD R-2 PREPARED: August 25, 1993 - 28- Item III -l4. RES OL UTIONS/ORDINANCES ITEM # 37147 Councilman Dean read into the record correspondence from Councilman Moss in OPPOSITION to the compensation of the City Manager and City Real Estate Assessor. Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City CouncIL ADOPTED: Ordinance Pertaining to the Compensation of the Real Estate Assessor: (Effective December 1, 1993, the salary of the Real Estate Assessor is hereby increased in the amount of $1,170.47 to a level of $59,693.75 annually) 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay. None Council Members Absent: John D. Moss August 24, 1993 10 11 12 13 14 15 16 17 18 1 2 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY REAL ESTATE ASSESSOR 3 WHEREAS, City and Council has evaluated the performance 4 compensation of the City Real Estate Assessor; and 5 WHEREAS, based on this evaluation, City Council has determined 6 that an adjustment in the compensation of the City Real Estate 7 Assessor would be appropriate. 8 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: That effective December 1, 1993, the salary of the City Real Estate Assessor is hereby increased in the amount of $1,170.47 to a level of $59,693.75 annually. Adopted the 24 Council City Virginia Beach, the of by of August Virginia, on the day of , 1993. CA-5265 ORDIN\NONCODE\CA5265.0RD R-2 PREPARED: August 25, 1993 - 29- Item III -J. PUBLIC HEARING ITEM # 37148 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. (a) LAVERN MILLER (b) TIDEWATER EVANGELICAL FREE CHURCH (c) ST. JOHN THE APOSTLE CATHOLIC CHURCH (d) ROBERT N. BOLLER (e) McDONALD NURSERIES OF VIRGINIA BEACH (f) R & L CHILD CARE, INC. (g) FERRELL PARKWAY ASSOCIATES, INC. NONCONFORMING USE VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING RECONSIDERATION OF PROFFERS CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT August 24, 1993 - 30- ~ PUBliC HEARING ITEM # 37149 PLANNING Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132, represented the applicant Upon motion by Councilman Dean, seconded by VIce Mayor Sessoms, City Council APPROVED the Application of LAVERN MILLER, President, Princess Anne Cabinets, Inc., for enlargement of a nonconforming use (to increase square footage and construct an addition to the existing building). Application of Lavern Miller, President - Princess Anne Cabinets, Inc., for the enlargement of a nonconforming use on North Landing Road, 1050 feet more or less east of the intersection with Wznston Avenue. Said parcel is located at 3146 North Landing Road and contains 13,056 acres. PRINCESS ANNE BOROUGH. More detailed information is available in the Planning Department. Resolution authorizing the Enlargement of a Nonconforming Use operated by Lavern Miller, President - Princess Anne Cabinets, Inc. The following condition shall be required; 1. Further conditions may be required during the administration of applicable City Ordinances. 2. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 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 1 2 3 4 RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE OPERATED BY LAVERN MILLER, PRESIDENT - PRINCESS ANNE CABINETS, INC. 5 Miller, Anne President Princess WHEREAS, Lavern 6 Cabinets, Inc., hereinafter referred to as the Applicant, is the 7 owner of a cabinet manufacturing operation on the property located 8 at 3416 North Landing Road, in the Borough of Princess Anne; and 9 WHEREAS, the aforesaid property is located wi thin the AG- 2 Agricultural District, in which manufacturing is not a permitted use; and WHEREAS, the manufacturing of cabinets by the Applicant is a lawful nonconforming use; and WHEREAS, the Applicant desires to remove an existing 50 foot by 88 foot wood frame structure and replace it with a 50 foot by 150 foot addition to the existing metal building located in the northwest corner of the subject site, to be utilized for cabinet manufacturing; and WHEREAS, the is primarily by surrounded property agricultural operations and is not located within close proximity to any residential areas; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council finds cabinet hereby that the manufacturing operation of the Applicant's, as enlarged, would be equally appropriate to the zoning district in which it is located as is the existing nonconformity. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Applicant, Pr incess Anne Cabinets, Inc. , be and hereby is, authorized to remove the existing 50 foot by 88 foot wood frame structure and replace it with a 50 foot by 150 foot addition to the existing metal building as depicted on the attached 34 35 36 37 38 39 40 41 physical survey of Parcel B, Subdivision of Property for Valentine E. Miller and Sylvia B. Miller, dated July 8, 1993. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON THIS 24 , 1993. August DAY OF CA-5249 ORDIN\NONCODE\MILLER.RES R-1 PREPARED: 08/05/93 - APPRO~O CONTENTS \ -- SIGNA TURf fi) JM<Al' ~.I'--'lš ~ ~PPROVED AS TO lEGAl i ..SUFFICIENCY AN FORM CITY ATTORNEY 8", ß - <J3 \" -'--- - - - 31 - ~ PUBliC HEARING ITEM # 37150 PLANNING Thomas SaMryer, 470 Leslie Terrace, Phone: 422-6151, represented the applicant Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council ADOPTED an Ordinance upon application of TIDEWATER EVANGEliCAL FREE CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER EVANGELICAL FREE CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO8931841 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Evangelical Free Church for a Conditional Use Permit for a church on the east side of Euclid Road, south of Norfolk & Southern Railroad. Said parcel is located at 4966 Euclid Road in Suites 101, 102 and 103, and contains 1.477 acres. KEMPSVILLE BOROUGH. The following condition shall be required: 1. This request is approved for a period of three (3) years. The 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 Twenty-fourth of August. Nineteen und e a d Ni - ree. Voting: 10-0 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, Mayor kleyera E. Oberndor[. Nancy K Parker and Vice Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 ~ PUBUC HEARING PLANNING - 32 - ITEM # 37151 Michael Ash, architect, represented the applicant Upon motion by Councilman Dean, seconded by VIce Mayor Sessoms, City Council ADOPTED an Ordinance upon application of ST. JOHN THE APOSTLE CATHOLIC CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ST. JOHN THE APOSTLE CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO8931842 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of St. John the Apostle Catholic Church for a Conditional Use Permit for a church on certain property located on the northeast side of Sandbridge Road beginning at a point 470 feet more or less southeast of Princess Anne Road. Said parcel contains 10 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. All trees within the twenty-five (25)-foot setback, located along the Northern property line, must be retained. the submitted site plan should be revised to show that no portion of the proposed parking area encroaches into the setback. Additionally, a landscape plan using Category I landscape materials must be submitted to the Planning Department. The intent of this condItion IS not to require a full and continuous hedge form but rather to supplement the existing trees located within the buffer in order to provide the adjacent residential homes with an appropriate screening of the proposed parking areas. 2. Additional right-of-way will be needed along Sandbridge Road to provide for a standard sixty (60)-foot right-oJ-way. All setbacks must be measured from the ultimate right-of-way LIne. Approximately fifteen (15) feet will be acquired along Sandbridge Road. 3. A second entrance to this site is needed where Painters lane is now located. This entrance should fie across the property to the proposed parkIng lot. This entrance will be required at the time that the proposed school is developed on the site. it is recommended that the applicant apply for a street closure and incorporate this portion of painters Lane into the subject site. this wIll enable the applicant to align an entrance at this location with the approved commercial entrance across Sandbridge Road. 4. The proposed entrance should be reduced from the proposed sixty-four (64) feet to a maximum width of forty-six (46) feet. Three twelve (l2)-inch lanes should be used. August 24, 1993 I1m1...IIbl..Lh PUBliC HEARING PLANNING - 33- ITEM # 37151 (Continued) 5. Right and left turn lanes, as determined by Traffic Engineering at detailed site plan review, 150 feet in length with ISO-foot transitions may be required on Sandbridge Road for vehicles entering this site. The proposed entrance shown on this plan should be relocated farther Northwest to accommodate the approach transitions and avoid the entrance to the ball field, but the entrance cannot be any closer than 650 feet to Painters lane. 6. Sight distance along Sandbridge Road should be maintained at the entrances to this site. 7. Prior to the submittal of site development plans, the applicant shall meet on -site with Planning Department staff in order to ldentify areas of tree preservation. 8. A tree protection and preservation plan, which reflects areas of tree preservation agreed upon by the applicant and Planning Department staff, shall be submitted with the site development plans. The plan must identify the size, species and location of trees to be preserved and the protective mechanisms to be utilized during the construction phase. 9. Prior to the public hearing before the City Council, church representatives shall meet with representatives of the Navy to discuss noise-attenuation measures. The site is located in AICUZ moderate noise Zone Two surrounding NAS Oceana and it is recommended that measures be taken to reduce outdoor- to-indoor noise levels by at least twenty-five to thirty (25-30) decibels. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinnace. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of August. Nineteen ale e. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss Councilman Lanteigne DISCLOSED he is a member of the St. John The Apostle Catholic Church. August 24, 1993 - 34- ~ PUBLIC HEARING ITEM # 37152 PLANNING Robert N. Boller, Post Office Box 64186, Phone: 495-6730, represented the applicant Upon motion by Councilman Dean, seconded by VIce Mayor Sessoms, City Council ADOPTED an Ordinance upon application of ROBERT N. BOLLER, Fabrication Specialist of VA, Inc., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT N. BOLLER, FABRICATION SPECIALIST OF VA, INC., FORA CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (WOODWORKING SHOP) RO8931843 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon applzcatzon of Robert N. Boller, Fabrication specialist of VA, Inc., for a Condztional Use Permit for a home occupation (woodworking shop) on the east side of West Neck Road, 3400 feet more or less north of West Landing Road. Said parcel is located at 3436 West Neck Road and contains 15 acres. PRINCESS ANNE BOROUGH. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinnace. Adopted by the Council of the City of VIrginia Beach, Vzrginia, on the Twenty-fourth of August. Nineteen Hundred and Ninety - Three. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor Wzlliam D. Sessoms, Jr. Council Members Voting Nay None Council Members Absent: John D. Moss August 24, 1993 - 35- Item In-J.1.e. PUBliC HEARING ITEM # 37153 PLANNING Attorney Sonny Stallings, represented the applicant Eddie M. Anderson, 1144 Independence Boulevard, Phone. 464-5564 Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED an Ordinance upon application of MCDONALD NURSERIES OF VIRGINIA BEACH for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF McDONALD NURSERIES OF VIRGINIA BEACH FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-15 TO B-2 ZO8931392 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIR/GNIA BEACH, VIR/GNIA Ordinance upon application of McDonald Nurseries of VIrginia Beach for a ConditIOnal Change of Zoning District Classification from R -15 Residential District to B-2 Community Business District on the east side of Independence Boulevard, north of WIshart 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 suburban low density residential land use at densities that are compatible with single-family use in accordance with other Plan policies. Said parcel is located at 1144 Independence Boulevard and contains 1 acre. BAYSIDE 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 record. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinnace. Adopted by the Council of the City of VIrginia Beach, VIrginia, on the Twenty-fourth of August. Nineteen Hundred and ine - Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louzs R. Jones, Paul J Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. John D. Moss August 24, 1993 ~~QM Þ.lO P S 18 City of Virgi:rìia Beach. INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-3461 DATE: August 18, 1993 FROM: Leslie L. Lilley ~ Gary L. Fentres~~ McDonald Nurseries Proffer Agreement Council Action Date: August 24,1993 DEPT: City Attorney City Attorney TO: DEPT: RE: The enclosed Proffer Agreement, submitted by the referenced applicant, is acceptable as to legal form. GLF/ih Enclosure McDONALD NURSERIES OF VIRGINIA BEACH, INC., a Virginia Stock Corporation TO: (COVENANTS AND CONDITIONS CITY OF VIRGINIA BEACH, .' a Municipal Corporation of , . the Commonwealth of Virginia THIS AGREEMENT, made this 22nd day of March, 1993, by and between McDONALD NURSERIES OF VIRGINIA BEACH, INC., a Virginia stock corporation, "Grantor", of the one part, and CITY OP VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, of the other part; WITNESSETH THAT: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to rezone the Grantor's property from R-15 Residential District to B-2 Community Business District, on certain property located at 1144 Independence Boulevard, containing one (1) acre, less, . more or ln Bayside Borough, in the City of Virginia Beach, Virginia; said property being referred to hereinafter as "the property," and described as follows: ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, State of Virginia, containing one acre, more or less, being a part of the tract purchased by Joseph Reed from W. H. Jones and wife (the said parcel being also a part of the late George Smith's Farm) and bounded as follows: North by the land of Jacob James, East by the land of Joseph Reed, South by Reed, and West by the parsonage land of the Haygood parsonage land; said parcel of land being designated as a "0.963 Ac." parcel on that certain survey recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1450, at page 596, which plat is entitled "Plat Property of Daniel Butt (D.B. 83, p. 98, M.B. 3, p. 259) Bayside Borough, Virginia Beach, Virginia," dated October 1, 1973, and made by Harold C. Warren, Jr., C.E.¡ said parcel is designated as "COite B. Rudacil, Parcel 6, 1.004 AC." on that aforementioned plat by Harold C. Warren, Jr., Certified Land Surveyor, dated March 18, 1975 (revised March 2, 1976), entitled "COmposite Plat of Properties in Reedtown, Virginia Beach, Virginia," which plat is recorded in the aforesaid Clerk's Office in Map Book 114, at page 40, and by which said parcel is more particularly described as follows: Beginning at a point in the northern line of that parcel designated on the last mentioned plat as "Now or ~OVER c ,\..¡g~ìir¡. W. 1478 - 57 - 5700 ~Y A.."IO COI:NSELLOH AT LAW, PC IT!: '10'1 DEACH TOW." 8'- ILDI"fO . ,-,° rACI...C A' E"f'-E 1 I'IA DEACII VIHOlS1A 234GB Formerly Edmon Hawkins," which point is the southeastern corner of the parcel described herein; thence running along the north line of the last mentioned parcel N 68 43' 56" W 205.23' to a point in the eastern line of that parcel on said plat designated Creekmore; thence N 19 04' 30" E along said Creekmore's line 220.18' to a point; thence S 66 49' 45" E 222.17' to a point; thence S 29 29' 05" W 79.97'; thence S 19 58' 03" W 133.53' to the point of beginning. IT BEING the same property conveyed to the Grantor by deed of Reed Associates, dated December 3, 1984, recorded in the aforesaid Clerk's Office in Deed Book 2379, at page 1556. WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including those purposes referred to herein, through zoning and other land development legislation and WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for various types of uses, including those uses referred to herein, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land in the B-2 Community Business zoning classification are needed to cope with the situation which the Grantor's proposed development gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-2 Community Business zoning district or zone by the existing over-all zoning ordinances, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the 2 zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning . 9rdinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerkls Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument¡ provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for itself, its personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or gyiQ pro 9YQ for zoning, rezoning, site plan, building pe~it, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: The following shall be substantially adhered to; however, further reasonable conditions may be reasonably required by the Grantee during detailed site plan review and administra- tion of applicable city codes by cognizant city agencies and lepartments, including the city arborist, to meet all applicable 3 city code requirements: There shall be Category VI screening where the property abuts adjacent single family residential districts and along the property line adjacent to Mason Street on the northeastern side; however, there shall be a minimum distance of 15 feet maintained between Category VI fencing and the adjacent property line to the north of the 12 foot right-of-way. Vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to the McDonald Nursery and no additional ingress/egress shall be permitted. There shall be a one foot "no ingress/egress" easement along the entire eastern property limits. All interior lot lines shall be vacated. The property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gift, and storage facilities for the foregoing and necessary parking therefor and for the adjacent property of the Grantor which shall, by vacation of the interior lot lines, become a part of the property. It is recognized that further reasonable conditions may be reasonably required during the administration of applicable city ordinances and that there will be detailed site plan review to meet all applicable city codes, and that further reasonable conditions may be reasonably required during the administration of applicable city ordinances. All references hereinabove to requirements and regulations applicable thereto refer to the Comprehensive zoning Ordinance of the City of virginia Beach, Virginia, in force as of March 22, 1993, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be 4 vested with all necessary authority on behalf of the governing body of the city of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals. McDONALD NURSERIES OF VIRGINIA ~ ."- By: - -- ~~ Eddie M. Anderson, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, fJIlT/(le,1i Il. Ft,.( , a Notary Public for the State of Virginia at Large, do hereby certify that Eddie M. Anderson, President of McDonald Nurseries of Virginia Beach, Inc., whose name is signed on behalf of the Grantor to the foregoing instrument bearing date on the 22nd day of March, 1993, has acknowledged the same before me in the city and state aforesaid. ~ fj. fuN€' Given under my hand this ~û day of-March, 1993. ~o.~ Notary Publ c My commission expires: - JtlLy:3~ 1997 , 5 J UL - <::....)-1 ::;;;':;;.:> 1'¿.~:' ~ ~Úll LHW úf+ 1 CES TO 4265~S9 F.O2 J - " . "': ",,' . .. . ø¡a<:(,o=,uac a:"'t~III'r . . , ..., .....'. , r , .{ , DATE ¡: ~81t(J~ .tJ. 1t19~ . " HAifa's) 0('\ AP;LICAMt<,) 1'1~~~':A.IL.!f. b;: Iú4G~' &d~11 NA"I(S) OF ~, ctNtaB (1~ 4L~f.~.~t iEom applSoent) , . . niB 0' UP'IC:ÞIOtI, aeaolÛQ9 tl:OtII Jt~15. to, . ' ",9.2 C0a41~ion.l u.. '8r81t for . , atn.t C1O8Ure '~bd1Yl.1on ..~1.no. I A 'Z'O II; COftItVI't&O 8% OR FOa 20 A.P.c.lCAN~J ~t It ~8 applloant 1.. Qo~por~tlonl lilt the otf1c8re of the cotpq~at1on' £ð/J/£ III, ¡#NaGAS~ PßU/~¡:Ní , 6hRH (1. II-NÞéIlS'N¡ V~ PltaJ~~.;SÆt:1t£77I9' 2. It the app1104nt 18 8 þ8~tn.c.hlp. ~i~. o~ ot~~ ~nlQço.pg..t~ .rv&DJ...~iOQ' 1.1.t ül _lIbec-8 OC' ~l'tM,. in che o~.ß£&.tlvDI .... ...... TO II CO"'~lfED II OR lOR ~BE OMR!R (it Ø1Ef8rent fro. appllcant) 1. . If th. own.c 1. . oorpoc-ation, li.t the otl1cer~ of the corpo~at:oft~ 2. . l' the ovne, S. . partn.~ahlp, t1~..or o~h.~ .ø1Qco~por.ted o~i.n!~.tion, l1at .11 ~e.b.c. or p8~tD.~. in the o~.nl&.tlonl " ~~,d A 4Ïø Jt.Nf"~ .í.;, ~ iJl ¡J,« !,Jd!-!!. (-I-=.'"jA ~tJ4 V fi'. ~ MIlN(I. ~ I "', ~ hJr. ~/ihJ 5 ~ ¿ ,).ds'/~j .~ I..: -~ - ~~ ~O h I@': 1«.'--~v. PKNt: ;'¡¡;'1-'I(,.:¡f I . .. ~ ,- . . . , . . '0"', . - 36 - ~ PUBUC HEARING ITEM # 37154 PLANNING The following spoke in SUPPORT of the application: Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone' 499-8971, represented the applicant Henry W. Schimmel, 514 Jonathan Court, Phone: 497-6924 Terrence P. Fahey, 505 General Gage Road, Phone: 499-9348, represented the Pembroke Manor Civic League Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ALLOWED WITHDRA W AL of an Ordinance upon applicatzon of R & L CHILD CARE, INC. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF R & L CHILD CARE, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO B-2 Ordinance upon application of R & L Child Care, Inc. for a Conditional Change of Zoning District Classification from 0-2 Office District to B-2 Community Business District at the northeast intersection of Constitution Drive and Hinsdale Street. The proposed zoning classificatzon change to B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for urban medium high density residential at densities that are compatible with multi-family use in accordance with other Plan policies. Said parcel is located at 520 Constitution Drive and contains 9583 square feet. BAYSIDE BOROUGH. 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 - 37- l1mL/lldLL PUBUC HEARING ITEM # 37155 PLANNING Thomas C. Broyles, 704 Crystal Lane, Phone: 491-4002, the applicant The following spoke in OPPOSITION: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 The following registered in OPPOSITION, but were not OPPOSED to the DEFERRAL: Bea CoBell, 2528 Hunting Horn Way, Phone: 468-6564, represented the Courthouse/Sandbridge Coalition Upon motion by Councilman Dean, seconded by Vzce Mayor Sessoms, City Council REFERRED BACK TO PLANNING COMMISSION (To expedite back to City Council October 26,1993): Applications of FERRELL PARKWAY ASSOCIATES, INC. for a Reconsideration of Proffers (Approved April 24, 1989), a Conditional Change of Zoning District Classification and a Conditional Use Permit. RECONSIDERATION OF PROFFERS on certain property located at the northwest corner of Ferrell Parkway and General Booth Boulevard, zoned 0-2 Office District. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel contains 15.7 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATEs, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM CONDITIONAL 0-2 TO B-2 Ordinance upon application of Ferrell Parkway Associates, Inc. for a Conditional Change of Zoning District Classification from Conditional 0- 2 Office District to Conditional B-2 Community Business District on certain property located on the north side of Ferrell Parkway, 700 feet more or less west of General Booth Boulevard. The proposed zoning classification change to B-2 is for community-wide business land use. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel contains 2 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF FERRELL PARKWAY ASSOCIATEs, INC. FOR A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL FACILI1Y (SKATING RINK) Ordinance upon application of Ferrell Parkway Associates, Inc. for a Conditional Use Permit for an indoor recreational facility (skating rink) on certain property located on the north side of Ferrell Parkway, 700 feet more ore less west of General Booth Boulevard. Said parcel contains 2 acres. PRINCESS ANNE BOROUGH. August 24, 1993 - 38- Item ID-J.1.f PUBLIC HEARING ITEM # 37155 (Continued) PLANNING 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 - 39- ~ APPOINTMENTS ITEM # 37156 Upon NOMINATION by Vzce Mayor Sessoms, City Council REAPPOINTED: PUBLIC LIBRARY BOARD Betty Lu Bridges Guy K. Tower Dorothy M. Wells Three-year terms 9/1/93 - 8/31/96 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss August 24, 1993 - 40- ~ APPOINTMENTS ITEM # 37157 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: TIDEWATER COMMUNITY COLLEGE BOARD Stanley Warranch Unexpired term thru 6/30/95 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss *Verbal Vote due to electronic voting machine malfunction. August 24, 1993 - 41 - ~ APPOINTMENTS ITEM # 37158 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: PENDLETON CHILD SERVICE CENTER (MANAGEMENT BOARD) Charles Nash Unexpired term thru 12/31/95 Voting: 10-0* CounciL Members Voting Aye: John A. Baum, Linwood 0 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: None Council Members Absent: John D. Moss *Verbal Vote due to electronic voting ITUlchine ITUllfunction. August 24, 1993 - 42- ~ APPOINTMENTS ITEM # 37159 Upon NOMINATION by VIce Mayor Sessoms, City Council: COMMUNITY CORRECTIONS RESOURCE BOARD Confirmed Circuit Court Appointments: Clyde 1. Siler Walter J. Moore, Jr. Appointed: Ernest H. Leeman Two-year terms 9/1/93 - 8/31/95 Mayoral Appointments: Reeves Johnson R. Bradshaw Pulley Two-year terms 9/1/93 - 8/31/95 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss .Verbal Vote due to electronic voting machine malfunction. August 24, 1993 - 43 - ~ APPOINTMENTS ITEM # 37160 Upon NOMINATION by VIce Mayor Sessoms, City Council: PARKS AND RECREATION COMMISSION Reappointed: Don H. Brockwell (Bayside) John Fletcher Bryant (VIrginia Beach) Diane Horsley (Blackwater) Appointed: Herbert A. Culpepper (PUNGO) Three-year terms 9/1/93 - 8/31/96 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss *Verbal Vote due to electronic voting machine malfunction. August 24, 1993 - 44- ~ APPOINTMENTS ITEM # 37161 Upon NOMINATION by nce Mayor Sessoms, City Council APPOINTED: SOCIAL SERVICES Ronald D. Madison Unexpired term thru 6/30/95 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and nce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss .Verbal Vote due to electronic voting ITUlchine ITUllfunction. August 24, 1993 - 45- ~ APPOINTMENTS ITEM # 37162 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD August 24, 1993 - 46- ~ UNFINISHED BUSINESS ITEM # 37163 ADD-ON Mayor Oberndorf referenced correspondence from Walter Erb requesting City Council RECONSIDER being a cable regultltor. Cox Cable has just announced they will have to increase the basic rates in addition to the other rates. Cox has acknowledged 60% of their subscribers will have rate increases, 40% will not. A BRIEFING will be SCHED ULED for Cox Cable to advise the City Council relative these rates. August 24, 1993 - 47- ~ NEW BUSINESS ITEM # 37164 Upon motion by VIce Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution re actions of Federal Agencies for the enforcement of the Fair Housing Act, (legal action against Municipalities -- Oxford-House). (Sponsored by Mayor Meyera E. Oberndorf) 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, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss .Verbal Vote due to electronic voting machine malfunction. August 24, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 REQUESTED BY MAYOR MEYERA E. OBERNDORF 1 2 3 A RESOLUTION PERTAINING TO ACTIONS OF FEDERAL AGENCIES CONCERNING THE ENFORCEMENT OF THE FAIR HOUSING ACT 4 WHEREAS, the 1988 amendments to the Fair Housing Act 5 require reasonable accommodation for handicapped persons, including 6 persons recovering from alcohol and drug abuse; 7 WHEREAS, Oxford House, Inc., a not-for-profit corporation 8 which facilitates the recovery of former drug and alcohol abusers 9 by assisting housing, various in of has, in provision the municipalities, including the City of Virginia Beach, established housing for such persons without complying with or attempting to comply with, applicable municipal ordinances, including zoning ordinances; WHEREAS, the united States Department of Housing and Urban Development has initiated investigations of municipalities, including the City of Virginia Beach, which have taken the position that Oxford House is not exempt from reasonable zoning ordinances concerning the number of unrelated persons permitted to live in single-family dwellings; WHEREAS, the united States Department of Justice has the authority to initiate lawsuits against such municipalities; WHEREAS, the Department of Housing and Urban Development has the authority to withhold community development block grant funds from municipalities it believes to be in violation of the Fair Housing Act; WHEREAS, Oxford House has, in fact, requested that the Department of Housing and Urban Development withhold such funds from the City of Virginia Beach, even though the loss of such funds would cause harm to innocent persons not involved in, or even aware of, the controversy between the City of Virginia Beach and Oxford House; 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 WHEREAS, the Fair Housing Act expressly authorizes "any reasonable loca I, Federal restrictions regarding the state or maximum number of occupants permitted to occupy a dwelling"; WHEREAS, the united states Supreme Court has established that zoning ordinances limiting the number of unrelated persons who may reside together are constitutionally permissible; WHEREAS, the Supreme Court has also established that reasonable zoning ordinances are constitutionally permissible for the purpose of protecting the property rights of citizens in the exercise of the municipal police power; WHEREAS, by Opinion and Order dated July 6, 1993, the united States District Court for the Eastern District of Virginia ruled that Oxford House, Inc. was required to apply for conditional use permits for its Oxford Houses within the City before it could legally challenge the City's actions in requiring such conditional use permits, thereby upholding the City's legal argument in the case; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Department of Health and Human Services decline to withhold community development block grant funds from any municipality to which . l.n faith without intent good and discriminate asserts the position that Oxford House and similar organizations are subject to reasonable zoning and other applicable ordinances, unless and until a court of competent jurisdiction rules otherwise; 2 . That the Department of Housing and Urban Development decline to investigate, and the Department of Justice decline to sue, any municipality for refusing to accept the position of Oxford House or similar organizations that they are exempt from local zoning and other ordinances, including the requirement that a conditional use permit or its equivalent be obtained in order to authorize congregate living arrangements such as those sought by Oxford House in the City of Virginia Beach, unless and until a court of competent jurisdiction rules otherwise; 2 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 3. That Department of Housing Urban and the Development, the Department of Justice, and any other federal agency having jurisdiction, appropriate regulations and adopt guidelines to implement the policies identified above. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Mayor convey and present this Resolution to the united States Conference of Mayors at its forthcoming meeting in Louisville, Kentucky. Adopted by the Council of the city of Virginia Beach, Virginia, on the 24 , 1993. August day of CA-5251 Ordin\Noncode\Oxford.Res R-2 August 10, 1993 3 - 48- ~ NEW BUSINESS ITEM # 37164 The following spoke in SUPPORT of the Resolution: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 The following spoke in OPPOSITION: Wally Erb, 150 Cayuga Road, Phone: 497- 7451 A motion was made by Councilman Lanteigne and seconded by Councilman Brazier, to ADOPT, AS REVISED: Resolution requesting the General Assembly to take all necessary action to amend the VIrginia Constitution so as to provide that Vzrginia localities shall have the authority to impose a limitation on the number of consecutive terms that local elected officials may serve. (Sponsored by Councilman Paul J. Lanteigne) Voting: 3- 7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr., and Paul J. Lanteigne Council Members Voting Nay: John A. Baum, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr Council Members Absent: John D. Moss .Verbal Vote due to electronic voting machine malfunction. * August 24, 1993 - 49- l1œ1..lll:::N.L ADJOURNMENT ITEM # 37165 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED at 10:30 P.M. a~_a~~--___- Beverly O. Hooks, CMC Chief Deputy City Clerk L~---_-- Ruth Hodges Smith, CMC/AAE City Clerk ------------------------ Meyera E. Oberndorf Mayor City of Vzrginia Beach Virginia August 24, 1993 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE" AUGUST 24, 1993 B R L T R P E PAGE" 1 R A Y J E N A S B A Z B D 0 I M D R S A N I U E N G 0 0 K 0 AGENDA U C E R A E N S R E M ITEM 1# SUBJECT MOTION VOTE M H R N N S E S F R S I/A BRIEFING" OWL'S CREEK WATERSHED Robert J Scott, ORDINANCE Dlr of Planning II/lli/E CERTIFICATION OF EXECUTIVE CERTIFIED 9-0 Y Y A Y Y Y Y A Y Y Y SESSION F/1 MINUTES - August 10, 1993 APPROVED 9-0 Y Y A Y Y Y Y A Y Y Y G/1 MAYOR'S PRESENTATION: VIRGINIA'S FIRST ANNUAL DRUG OUT PrIscilla Beede September 27, 1993 Helen Shropshire Co-Chairs, Ad Hoc Committee 1-V1 Ordinance to AMEND SectIOn 23-40 of DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y the Code re offenses-mISCellaneous FOR (altering surface of road or other publIC ClARI FJCA- property/obstructing drainage) TION 2 Ordinance to APPROPRIATE $41,557 ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y (IDEA) Grant Funds from Norfolk re acquIsition of computer technology for Crimes 3 Ordinance to APPROPRIATE $930,144 re ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y payment to U S Treasury Depart for rebatable arbitrage on 1988 G 0 Public Improvement Bonds 4 Ordinance to ACCEPT/APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y Grants of $3,576 from Virginia State LJbrary/ArchlVeslfor Clerk of the CirCUIt Court to complete Land Record OptICal Scanning/purchase UltravIOlet light Shields 5 Ordinance to APPROPRIATE $3,500 from WITHDRAWN 10-0 Y Y Y Y Y Y Y A Y Y Y FrancIS Land House Trust Fund/TRANSFER donatIOn to purchase Stalr- Trac eqUipment/$4,OOO for purchase of reproductIOn 18th-century chairs 6 Ordinance authorIZing TRANSFER ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y $15,000 from Economic Development Investment Program to Development Authority re underwriting portion of Infrastructure costs for MlCroMax Distribution, Inc, Oceana West Corporate Park at 2700 Avenger Drive 7 Ordinance granting a franchise to operate ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y open air cafe on publIC property (VIRGINIA BEACH BOROUGH)' FISh Bones Restaurant, Inc,Na FISh Bones Restaurant at 1211 AtlantIC Ave 8 Ordinance authorIZing encroachment Into ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y portion of r-of-w of Regency Drive to New Regency Hilltop AssOCIates re construction/maintenance of SIgns/landscaping In mechan on Regency Drive (L YNNHA VEN BOROUGH) 9 Ordinance to Charge-Off delinquent ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y accounts totalling $306,394,80 10 Tax Refunds $1,78544 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y 11 license Refunds $3,148 90 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B DATE. AUGUST 24, 1993 B C N E S B R L T R P E PAGE: 2 R A Y J E N A S B A Z B D 0 I M D R S A N I U E N G 0 0 K 0 AGENDA U C E R A E N S R E M ITEM /I SUBJECT MOTION VOTE M H R N N S E S F R S 1/1 REAPPORTIONMENT CONCEPTS. ADOPTED/ 6-4 Y Y N Y N Y Y A N N Y Place on the a OPTION 1 Modified 7-4 Plan November 1993 Ballot a (1) Resolutton for modifying existing Referendum electoral plan by dividing Kempsville questionnaire of Borough Into two (2) Modifted7-4 Boroughs/consolidating Pungo and Plan as revised Blackwater Boroughs by CIty Attorney WIth addendum (2) Proposed Charter Amendment to to include the SectIOnS 3 01/3 02. 1 re DIvisIOn of entire the City Into Boroughs/Council Sandbndge Area ElectIOns WIthin the proposed new pungo- Blackwater Borough b OPTION 2 7 DIstrict - 4 At Large MotIOn to adopt 4-6 N N Y N Y N N A Y Y N Plan as revised lost to negatIVe vote (1) ResolutIOn dIVidIng CIty Into seven (7) equally populated SIngle- member distrICts WIth three (3) members!Mayor elected At Large (2) Proposed Charter Amendment to SectIOns 301/3 02 1 and ADDING SectIOn 3 02 re DIVISIOn of City Into distrICts/Council ElectIOns 2 ResolutIOn requesting HAMPTON ROADS ADOPTED As 10-0 Y Y Y Y Y Y Y A Y Y Y SPORTS AUTHORITY assist in financing Revised and to a horse racing facility In Virginia include Beach/related off-tract betting facilitIeS Inducement throughout Virginia ResolutIOn 3 Ordinances re Compensation. a City Manager - Annual: $112,860 ADOPTED 8-2 Y Y Y Y N Y Y A Y N Y EffectIVe 12/1/93 b. CIty Real Estate Assessor - ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y Annual. $59,693.75 EffectIVe 12/1/93 J/1/a LAVERN MILLER, Princess Anne APPROVED! 10-0 Y Y Y Y Y Y Y A Y Y Y Cabtnets, Inc, enlargement of CONDITIONED nonconforming use (to Increase square footage/construct addition to existing building) on North landing RoadlWinston Avenue (PRI NCESS ANNE BOROUGH) b TW EVANGEUCAL FREE CHURCH APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y CUP Church at 4966 Euclid Road, FOR 3 YEARS Suites 101, 102 and 103 (KEMPSVILLE BOROUGH) c ST JOHN THE APOSTLE CATHOUC APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y CHURCH CUP. Church on Sandbndge CONDITIONED Road/Pnncess Anne Road (PRINCESS ANNE BOROUGH) d ROBERT N BOLLERlFabncabon APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y Specialist of VA. Inc CUP Home OCCUpation (woodworking shop) at 3436 West Neck Road (PRI NCESS ANNE BOROUGH) e McDONALD NURSERIES OF VIRGINIA APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y BEACH COZ from R-15 to B-2 at 1144 Independence Boulevard (BAYSIDE BOROUGH) f R & L CHILD CARE, INC. Conditional ALLOWED 10-0 Y Y Y Y Y Y Y A Y Y Y COZ from 0-2 to B-2 at 520 ConstitutIOn WITHDRAWAL/ Drive (BA YSIDE BOROUGH) Planning Dir to move forward WIth project CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B DATE: AUGUST 24, 1993 B C N E S B R L T R P E PAGE: 3 R A Y J E N A S B A Z B D 0 I M D R S A N I U E N G 0 0 K 0 AGENDA U C E R A E N S R E M ITEM II SUBJECT MOTION VOTE M H A N N S E S F R S g FERRELL PARKWAY ASSOCIATES, Referred back to 10-0 Y Y Y Y Y Y Y A Y Y Y INC (PRINCESS ANNE BOROUGH): Planning CommissIOn to (1) RECONSIDERATION OF PROFFERS be expedited to (2) (a) CONDITIONAL ZONING! CIty Council (b) CUp' Indoor recreatIOnal facility 1 012 6193 (skating rink) K APPOI NTMENTS COMMUNITY CORRECTION RESOURCE BOARD CirCUIt Court ADDoIntment by Court CONFIRMED 10-0 Y Y Y Y Y Y Y A Y Y Y Order Walter J Moore, Jr 2-Year Term Clyde I Siler 911/93 - 8/31/95 City Council ADDOIntment REAPPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y Ernest H Leeman 2-Year Term 911/93 - 8/31/95 Mayoral ADoointment REAPPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y Reeves Johnson 2-Year Term R Bradshaw Pulley 911/93 - 8/31/95 PARK AND AECREA TION COMMISSION Dan H Brockwell (Bayslde) REAPPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y John Fletcher Bryant (Virginia Beach) 3- Year Term DIane Horsley (Blackwater) 911/93 - 8/31/96 Herbert A. Culpepper (Pungo) APPOI NTED 10-0 Y Y Y Y Y Y Y A Y Y Y 3-Year Term 911/93 - 8/32/96 PENDLETON CHILD SERVICE CENTER APPOI NTED 10-0 Y Y Y Y Y Y Y A Y Y Y MANAGEMENT BOARD Unexpired thru Charles Nash 12/31/95 PUBLIC UBRARY BOARD REAPPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y Betty Lu Bridges 3-Year Term Guy K Tower 911/93 - 8/31/96 Dorothy M Wells SOCIAL SERVICES BOARD APPOI NTED 10-0 Y Y Y Y Y Y Y A Y Y Y Unexpired thru Ronald D Madison 6/30/95 TIDEWATER COMMUNITY COLLEGE APPOI NTED 10-0 Y Y Y Y Y Y Y A Y Y Y BOARD Unexpired thru Stanley Warranch 6130/95 L UNFINISHED BUSINESS BRiEANG TO B Y C 0 N S E N S U S BE Cable TV RegulatIOns SCHEDULED M/1 COUNCIL-SPONSORED ITEMS a ResolutIOn re actIOnS of Federal ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y AgencIeS for enforcement of Fair Housing AJ:J., (legal actIOn against MuniCIpalitIeS -- Oxford-House) (Sponsored by Mayor Meyera E Oberndorf) b. ResolutIOn providing a Charter Revised 3-7 N Y Y N N N Y A N N N Referendum re hmltatlOO on number Resolution Lost of consecutIve terms Mayor/Coul1C/I to Negative Vote Members may serve. (Sponsored by Councilman Paul J Langeigne) N ADJOURNMENT 10:30 PM