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Home My WebLink AboutSEPTEMBER 28, 1993 MINUTES~it~ o£ ~i~~it~i~ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS JR, At Large JOHN A BAUM, Blachwater Borough LINWOOD 0 BRANCH 111, Vzrgm~a Beach Borough JAMES W BRAZIER, JR, Lynnhaven Borough ROBER F W CLYBURN, Kempsv~lle Borough ROBER F K DEAN, Pnncess Anne Borough LOUIS R JONES, Baysade Borough PAUL ] LANTEIGNE Pungo Borough JOHN D MOSS, At Large NANC~t K PARKER, At Large ]AMES K SPORE, C~ty Manager LESLIE L LILLEY, Cdy Attorney RUTH ttODGES SMITH CMC / AAE C~ty Clerk CITY COUNCIL AGENDA 281 ( IT¥' tt4hL BUILDING MUNI( IP4L ( EN1 ER VIR(,INI4 BEA( ti VIRGINI4 23450 t~005 1804~ 427 430t SEPTEMBER 28, 1993 CITY MANAGER'S BRIEFING A. ClP WORKSHOP - Council Chamber - 3:00 PM II. INFORMAL SESSION - Council Chamber - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend J. Scottle Griffin, D.D. First Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - September 14, 1993 G. MAYOR'S PRESENTATION 1. Resolution In Recognition: PERNELL "SWEETPEA" WHITAKER POUND-FOR-POUND THE GREATEST BOXER IN THE WORLD H. 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. . Authorization to proceed with final design of Independence Boulevard Phase IVA, CIP 2- 987, a six-lane arterial highway from Jeanne Street to Pembroke Boulevard. . Resolution authorizing the Director of Finance to replace a $10,000 lost General Obligation Public Improvement Minibond to William G. Cannon, Jr., and Martha F. Cannon. . Resolutions requesting Virginia Department of Transportation (VDOT) program urban highway projects in the City of Virginia Beach and the City's agreement to pay its share of costs for: a. b. c. d. Intersection improvement and signal upgrade at the intersection of Lynnhaven Parkway and Viking Drive, ClP 2-816. Improvement of Princess Anne Road (Ferrell Parkway Phase II) from Landstown Road to proposed Courthouse Loop, a distance of approximately 1.6 miles, CIP 2-305). Improvement of Ferrell Parkway Phase V from Princess Anne Road to General Booth Boulevard, a distance of approximately 2.7 miles, ClP 2-096. Improvement of Jeanne Street from Independence Boulevard to Constitution Drive, a distance of approximately 0.2 miles, CIP 2-164. . Ordinance to ACCEPT and APPROPRIATE a $1,000 Grant from the Virginia Department of Forestry re enhancement of the City's Urban Forest and that revenues be increased accordingly. . Ordinance to APPROPRIATE $12,131 to provide for a permanent full-time Clerk I position to the Clerk of the Circuit Court to be offset by estimated increased revenue from excess fees. . Ordinance to TRANSFER $2,258 from General Fund Reserve re reimbursing the Water and Sewer Fund for refunding, as a charitable gift to the Tidewater Builders Association Scholarship Fund, the cost of water and sewer fees associated with the construction of the 1993 Scholarship House. . Ordinance to TRANSFER $162,000 from T.G.I.F. Pay-As-You-Go Funds in the FY 1993-94 Operating Budget to the Virginia Marine Science Museum Expansion Project (//3-002) re maintaining the current schedule of the design development phase. . Agreements between the City of Virginia Beach and the Virginia Department of Transportation (VDOT) re road improvements: a. b. Construct 1.730 miles of improvements to Military Highway within Virginia Beach designated as Route 13 (City's sham: $315,718.88). Provide utilities for the above 1.730 miles of Military Highway within Virginia Beach designated as Route 13 (City's sham: $106,682.54). . Ordinance appointing viewers in the petition of Sandpiper Associates, LP. for the closure of portion of 12th Street West of Pacific Avenue, East of Lake Holly (VIRGINIA BEACH BOROUGH). 10. Open space recreation payments to be applied to the Pungo-Blackwater Study Area: a. b. Pungo Ridge Estates - $10,400 payment in lieu of providing a 2.6 acre park site. Williams Ridge Estates - $2,000 payment in lieu of providing a .5 acre park site. 11. Release of a 1.52 acm perk reservation for Whitehurst Woods Subdivision, City's option to purchase expires November 11, 1993. Staff does not recommend this purchase. I. ORDINANCES/RESOLUTIONS , Ordinances re Commercial Waste Collection and Disposal within the Resort Area Zone: a. AMEND and REORDAIN Chapter 31 of the Code of the City of Virginia Beach, Virginia, to include new provisions. b. APPROPRIATE $71,000 from increased fees charged for the City to continue providing service; and, increase revenue accordingly. . Ordinance to TRANSFER $1,663,616 from various projects to the Southeastern Expressway land acquisition re purchase of approximately 55 acres in conjunction with and contingent upon the Churchill Downs Race Track development, ClP #2-089. . Resolution approving an Informative Charter Amendment Summary re the City's Councilmanic Electoral Plan to be voted on at the November 2, 1993, General Election. . Resolution approving issuance of the Virginia Beach Development Authority's Refunding Revenue Bonds in the amount not to exceed $1,200,000 to M & G Associates to assist their refinancing the acquiring, constructing, renovating and equipping a boat sales, docking and distribution facility located at 2150 West Great Neck Road (LYNNHAVEN BOROUGH). . Resolution supporting the Commonwealth Transportation Board's request to re-name the bridges commonly known as 'Twin Bridges' located within the City of Virginia Beach and designated Route 1-64: the C. Roger Malbon, Sr. Memorial Bridges. J. PUBUC HEARING 1. PLANNING a. Application of JENNY L AND IRENE D. DeARMOND for an enlargement of a non-conforming use at 2221 Oak Street, Cape Story-By-The-Sea in the R-7.5 Residential District, containing 6,900 square feet (LYNNHAVEN BOROUGH): (1) Resolution authorizing the enlargement of an existing non-conforming duplex to construct an 18' x 36' rear addition in accordance with the plans submitted. Recommendation: APPROVAL b, Petition of the CHRISTIAN BROADCASTING NETWORK, INC., for the discontil~uance, closure and abandonment of West Centerville Turnpike beginning at the Western boundary of Centerville Turnpike and running in a Southwesterly direction a distance of 2900 feet more or less, being 50 feet in width, containing 3.372 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL C. Applications of HOLLOMON-BROWN FUNERAL HOME, INC., re property on the West side of Kempsville Road, 688 feet South of Canterford Lane (1485 and 1493 Kempsville Road), containing 3.55 acres (KEMPSVILLE BOROUGH): (1) Change Of Zolling District Classification from R-5D Residential Duplex ~ to 0-1 Office District. (2) Conditional Use Permit for a funeral home. Recommendation: APPROVE BOTH APPLICATIONS d. Application of ALBERT N. JENSEN for a Conditional Use Permit for an automotive re.pair garage and bulk storage yard 480 feet West of South Birdneck Road, North of Beautiful Street (1121 Jensen Drive), containing 21,780 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL e. Application of ALBERT A. COWAN, JR., for a Conditional Use Permit for a church at the Northwest corner of South Plaza Trail and Waverly Drive (305-C Waverly Drive), containing 528.57 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of A. T. ASSOCIATES for a Conditional Use Permit for automobile sales and reoair service at the Southwest intersection of Virginia Beach Boulevard and Mustang Trail (2717 Virginia Beach Boulevard), containing 8.922 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL g. Application of MERCHANT'S II, INC., for a Conditional Use Permit for an automobile re.o~,ir establishment on the North side of Indian River Road, East of Kempsville Road (5226 Indian River Road), containing 5.95 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL h. Application of MARY SPADY for a Conditional Change of Zoning District Classification from R-10 Residential District to O-1 Office District at the Southeast comer of Kempsville Road and Lobaugh Drive (844 Kempsville Road), containing 32,974.92 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of R. H. ROSE for a Change of Zoning District Classification from I-1 Light Industrial District to I-2 Heavy_ Industrial District located 1100 feet more or less Southeast of the intersection of Southern Boulevard and Sykes Avenue, containing 3 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of WlLMAMS HOLDING CORPORATION for a Variance to Sections 4.3(b) and 4.4(b) of the Subdivision Ordinance pertaining to lot width requirements and block length limitations on the West side of Seaboard Road, North of Indian River Road (PRINCESS ANNE BOROUGH); AND, Application of the CITY OF VIRGINIA BEACH for a Coriditi0nal Use Permit for a golf course on property on the Southwest side of Seaboard Road beginning at a point 3500 feet more or less Northwest of Princess Anne Road, containing 328.7 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVE BOTH APPLICATIONS k. Petition of LAWRENCE A. SANCIUO, RACHEL V. SANCIUO, LENA SANCIUO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel Steingold for the discontinuance, closure arid abandonment (LYNNHAVEN BOROUGH): (1) Wagner Street - Beginning at the Southern boundary of Bonney Road and running in a Southerly direction a distance of 1096 feet more or less to the Northern boundary of the Virginia Beach-Norfolk Expressway. (2) First Street - Beginning at the Western Boundary of Avenue E and running in a Westerly direction a distance of 349.78 feet. (3) Avenue E - Western 25.01 feet, beginning at a point 200 feet South of First Street and running in a Southerly direction a distance of 214.67 feet to the Northern boundary of the Virginia Beach-Norfolk Expressway. Deferred Indefinitely: July 6, 1993 Recommendation: APPROVAL Application of LAWRENCE A. SANCIUO, LENA SANCIUO, GEORGE M. SULMVAN ESTATE, MAURICE STEINGOLD and LEWIS B. STEINGOLD, Trustee for Estate of Israel Steingold for a Change of Zoning District Classification from B-2 Community_ Busil3eSs District to O-1 Office District on the West side of Avenue E, 280 feet more or less South of Bonney Road, containing 9.47 acres (LYNNHAVEN AND KEMPSVILLE BOROUGHS). Deferred Indefinitely: July 6, 1993 Recommendation: AP P R OVAL m. Application of LAWRENCE A. SANCIUO, LENA SANCIUO, MAURICE STEINGOLD and LEWIS B. STEINGOLD, Trustee for Estate of Israel Steingold for a Conditional Use Permit for a mausoleurrl/cemetery on the West side of Avenue E, 280 feet more or less South of Bonney Road, containing 9.47 acres (LYNNHAVEN AND KEMPSVILLE BOROUGHS). Deferred Indefinitely: July 6, 1993 Recommendation: APPROVAL K. UNFINISHED BUSINESS L. NEW BUSINESS - Council-Sponsored Discussion Items . Hampton Roads Planning District Commission's 1994 Legislative Package re Virginia Code Section 15.1-491 and local zoning ordinances relating to Impact Fees and adequate public facilities (public infrastructure necessitated by development). (Sponsored by Mayor Meyera E. Oberndorf) . Feasibility of using General Obligation Bonds to finance the Virginia Marine Science Museum expansion. (Sponsored by Vice Mayor William D. Sessoms, Jr.) . City of Virginia Beach Council Chamber Improvements. (Sponsored by Councilmen Louis R. Jones and John D. Moss) . Amphitheater - Buffington Property. (Sponsored by Councilman John D. Moss) . Resolution directing the City Manager to have the preliminary study for the Virginia Beach Juvenile Detention Center conducted by City Staff in the FY 1994-99 CIP. (Sponsored by Councilman Paul J. Lanteigne) M. ADJOURNMENT ** CITY COUNCIL PUBUC HEARINGS ** OCTOBER 12, 1993 NOVEMBER 9, 1993 NOVEMBER 23, 1993 Capital Improvement Program (Green Run High School) Formal Session (Capital Improvement Program) First Reading Formal Session (Capital Improvement Program) Second Reading 7:00 PM 2:00 PM 6:00 PM If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 9/23/93bap AGENDA~9-28-93.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 28, 1993 Mayor Meyera E. Oberndorf called to order the CAPITAL IMPROVEMENT PROGRAM WORKSHOP of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 28, 1993, at 3:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Robert IC Dean [ENTERED: 3:18 P.M.] Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there are no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of September 28, 1993, is hereby made a part of the record. -2- City of Virginia Beach WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 September 28, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 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 September 28, 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 "personal interest," as def'med 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, Vice-Mayor , Jr. WDS,Jr./dmc September 28, 1993 -3- ITEM # 37232 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: LEGAL M/ITTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Lake Gaston Legal Issues Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting ,dye: John A. Baum, Linwood O. Branch, III, James l~. Brazier, Jr., Robert gE. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessotns, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 -4- FORMAL SESION VIRGINIA BEACH CITY COUNCIL September 28, 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, September 28, 1993, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend J. Scottie Griffin, D.D. First Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 28, 1993 -5- Item III-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37233 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Erecutive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John ,4. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert K~ Dean, Louis R. Jones, Mayor Meyera E. Oberndorf, John D. Moss, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 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 # 37232, Page No. 3, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHE~: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (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. Ru~h Hodges S~nith, CMC/AAE City Clerk September 28, 1993 -6- Item III- F. 1. MINUTES ITEM # 37234 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September 14, 1993. Voting: 9-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert I~ Dean, Louis t~ Jones, Mayor Meyera E. Oberndoff, John D. Moss, Nancy K, Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 -7- Item III-G.I. MA YOR 'S PRESENTATION ITEM # 37235 Mayor Oberndorf presented RESOLUTION IN RECOGNITION: Pernell "Sweetpea" Whitaker Pound-For-Pound The Greatest Boxer in the World Sweetpea ACCEPTED the Resolution. Bobby Waring, his Trainer, was in attendance. This Resolution recognized "Sweetpea" for his exemplary role model for the youth and as an Ambassador .for the City. His Professional Record includes 32 wins, one loss, one draw, 15 "KOs", with the loss and one draw being questionable decisions. His history as a World-Class Boxer is highlighted by some very impressive championships. In 1982, he became the Pan-American World Games Lightweight Champion. In 1983, he was named the World Games Champion; In 1984, the Olympic Lightweight Champion and Team Captain of the Greatest U.S. Olympic Boxing Team ever assembled, with eight gold medalists; and he was named the "Most Outstanding Boxer" in the 1984 Olympics, and the only boxer to win a gold medal via a Knockout. September 28, 1993 -8- Item III-H. CONSENT AGENDA ITEM # 37236 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION items 1, 2, 3 a./vL, 4, 6, 7, 8 a./b., 9, and 11 of the CONSENT AGEND/L Items 3b./c., 5 and 10 a./b. were voted upon separately. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K~ Dean, Louis 1~ Jones, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 -9- Item III-H. 1. CONSENT AGENDA ITEM # 37237 Upon motion by Vice Mayor Sessoms, seconded by Council Ixtdy Parker, City Council AUTHORIZED: Final design of Independence Boulevard Phase IVA, CIP 2-987, a six- lane arterial highway from Jeanne Street to Pembroke Boulevard. Voting: 9-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor ~illiam D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James IV.. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 - 10 - Item III-H. 2. CONSENT AGENDA ITEM # 37238 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution authorizing the Director of Finance to replace a $10,000 lost General Obligation Public Improvement Minibond to William G. Cannon, Jr., and Martha F. Cannon. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 A RESOLUTION TO AUTHORIZE REPLACEMENT OF A LOST MINIBOND WHEREAS, William G. Cannon, Jr. and Martha F. Cannon of Virginia Beach, Virginia have affirmed that they are the sole legal and beneficial owners of 1991B General Obligation Public Improvement Minibond Number R-167. This minibond has a denomination of $10,000.00, bears interest at 5.5% per annum, is dated May 29, 1991, and matures May 29, 1995; and 10 WHEREAS, William G. Cannon, Jr. and Martha F. Cannon have also affirmed that the said minibond has been lost; 11 12 13 14 15 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; That the Director of Finance is authorized to replace the aforementioned lost minibond with a minibond registered to William G. Cannon, Jr. and Martha F. Cannon of Virginia Beach, Virginia bearing the same interest rate, denomination, dated date and maturing date as the lost minibond. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of September , 1993. 20 21 22 23 CA-5283 ORDIN \ NONCODE \ LOSTBOND . RES R-2 PREPARED: September 10, 1993 AF?~OVE. D ;,S TO LEGAL CITY - 11 - Item IlI-H. 3. a./d CONSENT AGENDA ITEM # 37239 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolutions requesting Virginia Department of Transportation (VDOT) program urban highway projects in the City of Virginia Beach and the City's agreement to pay its share of costs for: Intersection improvement and signal upgrade at the intersection of Lynnhaven Parkway and Viking Drive, CIP 2-816. Improvement of Jeanne Street from Independence Boulevard to Constitution Drive, a distance of approximately 0.2 miles, CIP 2-164. Voting: 9-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W.. Clyburn, Robert ~ Dean, Louis I~ Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia, at its regular meeting on 28 day of September , 1993, that: 1) The Virginia Department of Transportation be, and it is hereby requested, to establish a project within the City of Virginia Beach, Virginia, for an intersection improvement and signal upgrade at the intersection of Lynnhaven Parkway and Viking Drive as identified in the Congestion Mitigation and Air Quality Improvement Program of the Hampton Roads Virginia Transportation Improvement Program. 2) That the Virginia Department of Transportation be requested to allow the City of Virginia Beach to administer this project, with the understanding that the City of Virginia Beach will follow all Federal Guidelines applicable to implementing this project. The City of Virginia Beach will agree to pay back of any cost disallowed by the Federal Highway Administration, and will be responsible for 100% of any costs in excess of that allocated for this project. BE IT FURTHER RESOLVED, the City of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia and that if the City of Virginia Beach subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation for the total amount of any costs expended by the Department for this project through the date the f~----~=~L,~'~nt is notified of such cancellation. ADOPTED THIS ~ DAY OF September , 1993 CITY OF VIRGINIA BEACH, VIRGINIA 8/13/93 PROJECT PROGRAMMING RESOLUTION WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESOLVED, that the City Council of Virginia Beach, Virginia requests the Virginia Department of Transportation to establish a project for the improvement of Jeanne Street from Independence Boulevard to Constitution Drive, a distance of approximately 0.2 miles. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to pay its share of the total cost for preliminary engineering, right of way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that, if Virginia Beach subsequently elects to cancel this project, Virginia Beach hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted this 28 day of September, 1993 City of Virginia Beach, Virginia ATTEST CLERK OF COUNCIL APPROVED AS TO _,..,I ~: .~> ~ / SIGN"-"~TURE APPROVED AS TO LEGAL $~UFFICIE,NCY AND CITY ATTORNEY - 12 - Item III-H. 3. b./c. CONSENT AGENDA ITEM # 37240 Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council DEFERRED: Resolutions requesting Virginia Department of Transportation (VDOT) program urban highway projects in the City of Virginia Beach and the City's agreement to pay its share of costs for: Improvement of Princess Anne Road (Ferrell Parkway Phase II) from Landstown Road to proposed Courthouse Loop, a distance of approximately 1.6 miles, CIP 2-305. Improvement of Ferrell Parkway Phase V from Princess Anne Road to General Booth Boulevard, a distance of approximately 2. 7 miles, CIP 2-096. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. September 28, 1993 - 13 - Item III-H. 4. CONSENT AGENDA ITEM # 37241 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council AUTHORIZED: Ordinance to ACCEPT and APPROPRIATE a $1,000 Grant from the Virginia Department of Forestry re enhancement of the City's Urban Forest and that revenues be increased accordingly. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis 1~ Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $1,000 FROM THE VIRGINIA DEPARTMENT OF FORESTRY WHEREAS, the Commonwealth of Virginia, Department of Forestry has provided a grant in the amount of $1,000 (one thousand dollars) to enhance the City's Urban Forest; WHEREAS, members of the Habitat Enhancement Committee will plant trees throughout the City in areas currently devoid of any appreciable tree canopy; WHEREAS, trees will be provided free of charge to program recipients; 10 11 WHEREAS, recipients must participate and be present to view the proper method of installation and maintenance requirements; 12 13 14 15 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that a $1,000 grant be accepted and appropriated from the Commonwealth of Virginia, Department of Forestry, and that revenues from the Commonwealth be increased by $1,000. 16 17 Adopted by the Council of the City of Virginia Beach, Virginma on this 28 day of September , 1993. 18 19 20 21 22 APPROVED AS TO CONTENT: Walter C. Kraeme~/, Jr. Department of M~nagement and Budget ~y At~'6rney - 14 - Item III-H.5. CONSENT AGENDA ITEM it 37242 The Honorable J. Curtis Fruit, Clerk of the Circuit Court, responded to City Council inquiries. Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED: Ordinance to APPROPRIATE $12,131 to provide for a permanent full- time Clerk I position to the Clerk of the Circuit Court to be offset by estimated increased revenue from excess fees. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. September 28, 1993 AN ORDINANCE TO APPROPRIATE $12,131 FOR THE PURPOSE OF PROVIDING A PERMANENT FULL-TIME CLERK I POSITION TO THE CLERK OF THE CIRCUIT COURT WHEREAS, the Clerk of the Circuit Court of the City of Virginia Beach has the responslblhty for fihng, ~ndex~ng and 7 processing court actions, land records, marriage licenses, judgment liens, business names and other public records, storing 8 and maintaining public records, and providing access to these records to the public, 10 WHEREAS, the Clerk of the Circuit Court has been using a State funded, part-time clerk to make copies of microfilmed 11 land records, upon request, to customers of the Clerk, 12 13 WHEREAS, this much-needed clerical position was not funded in the Clerk's FY93-94 State Operating Budget, and the 14 increase in the number of deeds to be recorded and subsequent increase in public demand for copying services now requires 15 a full-time permanent clerical posmon; 16 17 WHEREAS, the Clerk would like the City to create and provide funding In the amount of $12,131 (for the remaining 18 portion of FY93-94 for salary and fringe benefits) for a full-time permanent position of Clerk I in the Clerk's Office to 19 perform this mandatory service, 20 21 WHEREAS, the cost of the position would be offset by an increase in estimated revenue from excess fees, 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that 24 funds in the amount of $12,131 are hereby appropriated to the FY 1993-94 Operating Budget of the Clerk of the Circuit Court 25 for the creanon of a full-nme permanent Clerk I posmon 26 27 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the 28 appropriation be offset by an increase of $12,131 in esnmated revenue from excess fees 29 30 This ordinance shall be effective from the date of its adoption 31 Adopted by the Council of the C~ty of Virginia Beach, Virginia on the September 32 ,1993 33 34 APPROVED AS TO CONTENT 36 DEPARTMENT OF MANAGEMENT AND BUDGET c \budget\93-94\clrkclrc2 ord vol 32 sgh September9, 1993 28 day of AP~a©VED AS TO LE~~. ~h~:NCY i' - 15 - Item 111-1t. 6. CONSENT AGENDA ITEM # 37243 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $2,258 from General Fund Reserve re reimbursing the Water and Sewer Fund for refunding, as a charitable gift to the Tidewater Builders Association Scholarship Fund, the cost of water and sewer fees associated with the construction of the 1993 Scholarship House. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis tZ Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 AN ORDINANCE TO TRANSFER $2,258 FROM GENERAL FUND RESERVES FOR THE PURPOSE OF REIMBURSING THE WATER AND SEWER FUND FOR REFUNDING WATER AND SEWER FEES ASSOCIATED WITH THE 1993 SCHOLARSHIP HOUSE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Tidewater Builders Association (TBA) supports worthy area high school seniors with scholarships from the TBA Scholarship Fund; WHEREAS, the Scholarship Fund receives its principal funding from the proceeds of the sale of the TBA Scholarship House; WHEREAS, the City of Virginia Beach has shown its support for this program by making a charitable gift to the Scholarship Fund through a refund to the builder of the Scholarship House of the cost of the water and sewer fees; WHEREAS, the 1993 Scholarship House was built in the Park Place subdivision by Baymark Construction Corporation of Virginia Beach, and the cost of construction included water and sewer fees of $2,258. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2,258 be transferred from the General Fund Reserve for Contingencies for the purpose of reimbursing the Water and Sewer Fund for refunding, as a charitable gift to the Tidewater Builders Association Scholarship Fund, the cost of water and sewer fees associated with construction of the Tidewater Builders Association's 1993 Scholarship House. Adopted by the Council of the City of Virginia Beach, Virginia on the 28 day of September , 1993. 29 30 31 32 33 34 This ordinance shall be in effect from the date of its adoption. CA-5291 ORDIN\NONCODE\SCHOLARSHIP.ORD R-1 DATE: September 22, 1993 APPROVED AS TO CON~i~[S SIGNATURE DEPARIM[N ~PPROVED AS TO LEGAL CITY ATTORNEY - 16 - Item III-II. 7. CONSENT AGENDA ITEM # 37244 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $162,000 from T.G.I.F. Pay-As-You-Go Funds in the FY 1993-94 Operating Budget to the Virginia Marine Science Museum Expansion Project (113-002) re maintaining the current schedule of the design development phase. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert }V.. Clyburn, Robert K. Dean, Louis 1~ Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: l~one Council Members Absent: James W.. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 AN ORDINANCE TO TRANSFER $162,000 FROM T.G.I.F.-PAY-AS-YOU-GO FUNDS IN THE FY 1993-94 OPERATING BUDGET TO THE VIRGINIA MARINE SCIENCE MUSEUM EXPANSION PROJECT (#3-002) WHEREAS, the City Council intends to provide funds for the continued design of the Virginia Marine Science Museum Expansion; 10 WHEREAS, T.G.I.F.-Pay-As-You-Go funding is programmed for the Virginia Marine Science Museum Expansion project in the Proposed FY 1993-94/1998-99 C.I.P.; 11 12 13 14 WHEREAS, $162,000 is needed prior to adoption of the FY 1993-94/1998-99 C.I.P. to maintain the current schedule of the design development phase of the Virginia Marine Science Museum Expansion project; 15 16 17 18 WHEREAS, the transfer of $162,000 from T.G.I.F.-Pay-As-You- Go funds in the FY 1993-94 Operating Budget to the Virginia Marine Science Museum Expansion project will not increase the cost of the project in the FY 1993-94/1998-99 C.I.P.; 19 2O 21 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $162,000 be transferred from T.G.I.F.-Pay-As-You-Go funds in the Fy 1993-94 Operating Budget to the Virginia Marine Science Museum Expansion project to pay for continuation of the design development phase of the project. 24 25 This ordinance shall be effective on the date of its adoption. 26 27 28 29 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twent¥-el§hth of September , 1993. APPROVED AS TO CONTENT- Walter C. Kraemer, Jr. Department of Management and Budget -17- Item 111-1-1.8. CONSENT AGENDA ITEM # 37245 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Agreements between the City of Virginia Beach and the Virginia Department of Transportation (VDOT) re road improvements: ao Construct 1.730 miles of improvements to Military Highway within Virginia Beach designated as Route 13 (City's share: $315,718.88). Provide utilities for the above 1.730 miles of Military Highway within Virginia Beach designated as Route 13 (City's share: $106,682.54). Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert Dean, Louis R~ Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of 1.730 miles of Military Highway within VIRGINIA BEACH from 0.037 miles south of the Virginia Beach South Corporate Limits, Station 0238+72.00 to 0.095 miles south of the Virginia Beach North Corporate Limits, Station 0330+03.17 and designated as Route 13, Project 0013-134-101, PE-101, RW-201, C-501, B-608 and Federal Project STP-5403 (249). 2. VIRGINIA BEACH approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board/Federal Highway Administration and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. VIRGINIA BEACH agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, any additional median crossovers and enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. 4. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 5. VIRGINIA BEACH agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall conform to the Manual on Uniform Traffic Control Devices or be subject to the approval of the DEPARTMENT. -2- 6. VIRGINIA BEACH agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other facilities installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. 7. VIRGINIA BEACH agrees to comply with Title V! of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. 8. VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 9. VIRGINIA BEACH agrees that prison labor will not be used for any purpose whatsoever on this project. -3- 10. VIRGINIA BEACH agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST VIRGINIA BEACH'S SHARE ITEM ESTIMATED COST % AMOUNT Preliminary Engineering $ 1,250,000.00 5 $ 62,500.00 Right-of-Way 3,283,000.00 2 65,66O.00 Bridge Construction 3,367,046.24 2 67,340.92 Grading, drainage, pavement, incidental, traffic & safety items 5,931,181.10 2 118,623.62 Blue pavement markers 566.40 100 Building, demolition 4.72 2 .09 Construction & permanent signs 51,392.54 1,027.85 TOTALS $ 13,883,191.00 $315,718.88 -4- IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CITY OF VIRGINIA BEACH on the day of ,19 , and the DEPARTMENT on the day of ,19__. A-I-FEST: CITY OF VIRGINIA BEACH BY BY CITY CLERK CITY MANAGER NOTE' The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM ---'"' CITY A'I-['ORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION CERTIFIED AS TO AVAILABILITY OF FUNDS BY -5- COMMISSIONER APPROVED AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as Virginia Beach, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of 1.730 miles of Military Highway within Virginia Beach from 0.031 mile north of the south corporate limits, Station 0238+72.00, to the north corporate limits, Station 0330+03.17, and designated as Route 13, Project 0013-134-F01, C502 and Federal Project STP-5403 (263) . 2. Virginia Beach approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board/Federal Highway Administration and agrees that if such project is approved and constructed by the DEPARTMENT, Virginia Beach, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. Virginia Beach agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, any additional median crossovers or enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. 4. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 5. Virginia Beach agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall conform to the Manual on Uniform Traffic Control Devices or be subject to the approval of the DEPARTMENT. 6. Virginia Beach agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other facilities installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. 7. Virginia Beach agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. --2-- ITEM Sanitary Sewer Adjustments Water Main Adjustments Install 48" Water Main Grading, pavement patching, protective items & erosion control Engineering & Inspection Engineering & Inspection Engineering & Inspection TOTAL 8. Virginia Beach agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 9. Virginia Beach agrees that prison labor will not be used for any purpose whatsoever on this project. 10. Virginia Beach agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST VIRGINIA BEACH'S SHARE ESTIMATED COST % AMOUNT $ 123,756.80 2.0 $ 2,475.14 230,586 . 10 28 . 5 65,717.04 3 , 632,324 . 79 0.2 7,264.65 1,052 , 693 . 27 2 . 1 22,106.56 12 , 500.00 2 . 0 250.00 30,700.00 28.5 8,749.50 59 , 827 . 47 0 . 2 119.65 $5,142 , 388.43 $106,682.54 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, for CITY OF VIRGINIA BEACH on the day of , 19 , and the DEPARTMENT on the ATTEST: day of , 19 . CITY OF VIRGINIA BEACH BY: BY: CITY CLERK CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM ~ C~TY ATTORNEY APPROVED AS TO CONTENTS COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: CERTIFII::D AS TO AVAILABILITY OF FUNDS City'o~ V,r.,.,.-) ~eacn[ ?:)-D,r4or ~f F,nance COMMISSIONER ..~~__.~AP P ROV, E D .'-,/, P'~ .. -- Ibublic Works Contracts Office - 18 - Item III-H. 9. CONSENT AGENDA ITEM # 37246 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance appointing viewers in the petition of Sandpiper Associates, L.P. ]'or the closure of portion of 12th Street West of Pacific Avenue, East of Ixtke Holly (VIRGINIA BEACH BOROUGH). The Viewers are: David M. Grochmal Ralph A. Smith Robert J. Scott Director of General Services Director of Public Works Director of Planning Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members l/'oting Nay: None Council Members Absent: James W.. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 28th day of September, 1993, at 6:00 p.m., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of that certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portion of said street being described as follows: Beginning at a pipe found on the northwest corner of the intersection of Pacific Avenue and 12th Street; thence along the extension of the westerly right-of-way line of Pacific Avenue in a southerly direction, South 05 degrees 41 minutes 00 seconds East, 60.00 feet across 12th Street to the southwest corner of the intersection of Pacific Avenue and 12th Street to a pin found; thence 84 degrees 19 minutes 00 seconds West, 186.00 feet along the southerly right-of-way line of 12th Street to a nail found in a bulkhead; thence North 49 degrees 24 minutes 51 seconds East, 104.86 feet to a point on the northerly right-of-way line of 12th Street and the property corner of John Gray Dewitt; thence along the northerly right-of-way line of 12th Street, North 84 degrees 19 minutes 00 seconds East, 100.00 feet to the point of beginning. Ail the above, as shown upon that certain plat entitled "SURVEY OF A PORTION OF 12TH STREET VIRGINIA BEACH, AS SHOWN ON PLAT ENTITLED VIRGINIA BEACH, NORFOLK AND VIRGINIA BEACH, RAILROAD AND IMPROVEMENT COMPANY (M.B. 1 PG. 23B)" prepared by engineering services inc., dated August 4, 1993. At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of 12th Street in the City of Virginia Beach, Virginia, described above · ~B.AN~~~, ~OC~ a r t n~T~~eLr's~'i~ Peter W. Martone, Esq. suite 703, Pavilion Center 2101 Parks Avenue Virginia Beach, VA 23451 (804) 428-3000 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS 12TH STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "SURVEY OF A PORTION OF 12TH STREET VIRGINIA BEACH, AS SHOWN ON PLAT ENTITLED VIRGINIA BEACH, NORFOLK AND VIRGINIA BEACH, RAILROAD AND IMPROVEMENT COMPANY (M.B. 1 PG. 23B)", WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Sandpiper Associates, L.P., a Virginia limited partnership, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1- 364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing and discontinuance of a portion of that certain street, which is more specifically described as follows: Beginning at a pipe found on the northwest corner of the intersection of Pacific Avenue and 12th Street; thence along the extension of the westerly right-of-way line of Pacific Avenue in a southerly direction, South 05 degrees 41 minutes 00 seconds East, 60.00 feet across 12th Street to the southwest corner of the intersection of Pacific Avenue and 12th Street to a pin found; thence South 84 degrees 19 minutes 00 seconds West, 186.00 feet along the southerly right-of-way line of 12th Street to a nail found in a bulkhead; thence North 49 degrees 24 minutes 51 seconds East, 104.86 feet to a point on the northerly right-of-way line of 12th Street and the property corner of John Gray Dewitt; thence along the northerly right-of-way line of 12th Street, North 84 degrees 19 minutes 00 seconds East, 100.00 feet to the point of beginning. Said parcel of land being a portion of 12th Street, as indicated on that certain plat entitled "Survey of a Portion of 12th Street Virginia Beach, as shown on Plat Entitled Virginia Beach, Norfolk and Virginia Beach, Railroad and Improvement Company (M.B. 1 PG. 23B)", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petition prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the , as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 1st and 8th days of September, 1993, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioner herein, Sandpiper Associates, L. P., a Virginia limited partnership, and John Gray DeWitt, 1920 Weybridge Circle, Virginia Beach, VA 23454-5024. Respectfully submitted, Peter W. Martone, Esq. Law Offices of Peter W. Martone Suite 703, Pavilion Center 2101 Parks Avenue Virginia Beach, VA 23451 (804) 428-3000 a S84 "19~ OOmW 186.00' ¢ONC CAN SANDPIPER ASSOCIATES I ~B. ~97G PG. 188 ~B. I PG. ~0 D G PIN NO. ~4~'-15-9116 SURVEY OF A PORTION OF I~ th $ TREE r VIRGINIA BEACH AS SHOWN ON PLAT ENTITLED VIRGINIA BEA CH, NORFOLK AND VIRGINIA BEACH. RA IL ROAD AND IMPROVEMEAI T COMPANY (M.B. I PG. 23B),,, DATE: AUGUST4, 1995 SCALE: I · PAl. 9541 8 KB. $~ P. 43 AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Peter W. Martone, attorney for Sandpiper Associates, L. P., a Virginia limited partnership being first duly sworn, deposes and states as follows: 1. That I am an attorney at law and represent Sandpiper Associates, L.P., a Virginia limited partnership. 2. That on the 1st and 8th days of September, 1993, notice of the presenting of the application to close a portion of that certain street known as 12th Street on behalf of Sandpiper Associates, L. P., a Virginia limited partnership was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponen~th~~'~~ ~t'er W. Marto~ 1993. Subscribed and sworn to before me this 30th day of August, My commission expires: Notary Public I. AW OFFICES OF PETER. W. MAR. TONE SUITE 703 PAVILION c E NIT'E R. 2101. PAJ:LKS AVENUE ~,IRGIN1A BEACH, VIRGINIA 234.51 TELEPHONE (~)4) 428-3000 FAC.SIMILE (.80,4'~ 4.28-6038 August 30, 1993 CERTIFICATE OF VESTING OF TITLE I, Peter W. Martone, attorney for Sandpiper Associates, L. P., a Virginia limited partnership, do hereby certify that: 1. I am an attorney at law and represent Sandpiper Associates, L. P., a Virginia limited partnership, the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Sandpiper Associates, L. P., a Virginia limited partnership and John Gray Dewitt, the adjacent landowners. The said property referred to herein is hereby described as follows: Beginning at a pipe found on the northwest corner of the intersection of Pacific Avenue and 12th Street; thence along the extension of the westerly right-of-way line of Pacific Avenue in a southerly direction, South 05 degrees 41 minutes 00 seconds East, 60.00 feet across 12th Street to the southwest corner of the intersection of Pacific Avenue and 12th Street to a pin found; thence South 84 degrees 19 minutes 00 seconds West, 186.00 feet along the southerly right-of-way line of 12th Street to a nail found in a bulkhead; thence North 49 degrees 24 minutes 51 seconds East, 104.86 feet to a point on the northerly right-of-way line of 12th Street and the property corner of John Gray Dewitt; thence along the northerly right-of-way line of 12th Street, North 84 degrees 19 minutes 00 seconds East, 100.00 feet to the point of beginning. tted, PWM QRDINANCE APPOINTING VIEWERS WHEREAS, Sandpiper Associates, L. P., a Virginia limited partnership, has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 28th day of September, 1993, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT David M. Grocbm~l Robert J. Scott Ralph A. Smith and are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the city of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a pipe found on the northwest corner of the intersection of Pacific Avenue and 12th Street; thence along the extension of the westerly right-of-way line of Pacific Avenue in a southerly direction, South 05 degrees 41 minutes 00 seconds East, 60.00 feet across 12th Street to the southwest corner of the intersection of Pacific Avenue and 12th Street to a pin found; thence South 84 degrees 19 minutes O0 seconds West, 186.00 feet along the southerly right-of-way line of 12th Street to a nail found in a bulkhead; thence North 49 degrees 24 minutes 51 seconds East, 104.86 feet to a point on the northerly right-of-way line of 12th Street and the property corner of John Gray Dewitt; thence along the northerly right-of-way line of 12th Street, North 84 degrees 19 minutes 00 seconds East, 100.00 feet to the point of beginning. Ail the above as shown upon that certain plat entitled, "Survey of a Portion of 12th Street Virginia Beach, as shown on Plat Entitled Virginia Beach, Norfolk and Virginia Beach, Railroad and Improvement Company (M.B. 1 PG 23B)", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. Adopted by the Council of the City of Virginia Beach, Virginia on the 28 day of September , 1993. ORDINANCE NO. IN THE MATTER OF CLOSING VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS 12TH STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "SURVEY OF A PORTION OF 12TH STREET VIRGINIA BEACH, AS SHOWN ON PLAT ENTITLED VIRGINIA BEACH, NORFOLK AND VIRGINIA BEACH, RAILROAD AND IMPROVEMENT COMPANY (M.B. 1 PG. 23B)" WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Sandpiper Associates, L. P., a Virginia limited partnership, that it would make application to the Council of the City of Virginia Beach, Virginia, on , 1993, to have the hereinafter described street discontinued, closed, and vacated: and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated: NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at a pipe found on the northwest corner of the intersection of Pacific Avenue and 12th Street; thence along the extension of the westerly right-of-way line of Pacific Avenue in a southerly direction, South 05 degrees 41 minutes 00 seconds East, 60.00 feet across 12th Street to the southwest corner of the intersection of Pacific Avenue and 12th Street to a pin found; thence South 84 degrees 19 minutes 00 seconds West, 186.00 feet along the southerly right-of-way line of 12th Street to a nail found in a bulkhead; thence North 49 degrees 24 minutes 51 seconds East, 104.86 feet to a point on the northerly right-of-way line of 12th Street and the property corner of John Gray Dewitt; thence along the northerly right-of-way line of 12th Street, North 84 degrees 19 minutes 00 seconds East, 100.00 feet to the point of beginning. Said parcel of land designated as "A Portion of 12th Street Virginia Beach" as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. GPIN: 2427-15-9229 SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted: GPIN #: 2427-15-9229 EXHIBIT A Beginning at a pipe found on the northwest corner of the intersection of Pacific Avenue and 12th Street; thence along the extension of the westerly right-of-way line of Pacific Avenue in a southerly direction, South 05 degrees 41 minutes 00 seconds East, 60.00 feet across 12th Street to the southwest corner of the intersection of Pacific Avenue and 12th Street to a pin found; thence 84 degrees 19 minutes 00 .seconds West, 186.00 feet along the southerly right-of-way line of 12th Street to a nail found in a bulkhead; thence North 49 degrees 24 minutes 51 seconds East, 104.86 feet to a point on the northerly right-of-way line of 12th Street and the property corner of John Gray Dewitt; thence along the northerly right-of-way line of 12th Street, North 84 degrees 19 minutes 00 seconds East, 100.00 feet to the point of beginning. THE VIRGZNXAN-PXLOT ~ZI.J-ED ACCOUNT PETER ~. MARTONE PAVILION CENTER 2101 PARKS AVE. SUITE 703 VA BEACH 23451 STATEMENT NO. PAGE TNVOTCE DATE ,, 27 I 09/12/95 BILLED ACCT# AD NUHBER ZNVC NUMBER 058.;4.;200 8U860060 799281001 , PLEASE ENTER AMOUNT bF ENCLOSED PAYMENT BELOW ISSUE EDITION ZNVC NBR DESCRIPTION SIZE !GROSS AMT. 09/01/95 BEA 799281001 12TH STREET 2 X OOq2 100.80 09/88/93 BEA 799281002 12TH STREET 2 X OOq2 100.80 TOTAL 201.60 ~ ~T~ M~ ~~~u~ ~d,~~'. ~, ~~.~ ,~~~.~v t ~ ~.~~~ State of Virginia Cfty of Norfolk AFFIDAVIT This day Rose Stewart personally appeared before me and after being duly sworn made oath thaL (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia leach, State of Virginia; (2) That the advertisement hereto annexed at 12TH STREET has been published in maid newspaper during the following dates: 09/01/93 - 09/08/93 Affiant Subscribed and sworn to before me in my city and state aforesaid this 12TH day of SEPTEMBER L993 . ~~ Notary Public expires APRIL 30TH, 1994 - 19 - Item III-H. 10. CONSENT AGENDA ITEM # 37247 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Open space recreation payments to be applied to the Pungo-Blackwater Study Area: Pungo Ridge Estates - $10,400 payment in lieu of providing a 2.6 acre park site. Williams Ridge Estates - $2,000 payment in lieu of providing a .5 acre park site. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert lC Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 - 20 - Item III-H. 11. CONSENT AGENDA ITEM # 37248 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ,41~PTED: Release of a t:5-20. 78 acre park reservation for Whitehurst Woods Subdivision, City's option to purchase expires November 11, 1993. Mayor Oberndorf advised correction to the acreage of the park reservation: O. 78 rather than 1.52. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W.. Clyburn, Robert Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne September 28, 1993 - 21 - Item 111-1.1. ORDINANCES/RESOL UTIONS ITEM # 37249 John Perros, 1628 Cuttysark Road, Phone: 481-1935, represented the Resort Leadership Counci~ the Hotel/Motel Association, the Virginia Beach Restaurant Association and the Retailers Association. Mr. Perros spoke in SUPPORT of the Ordinance. Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED, AS REVISED: Ordinances re Commercial Waste Collection and Disposal within the Resort Area Zone: AMEND and REORDAIN Chapter 31 of the Code of the City of Virginia Beach, Virginia, to include new provisions. APPROPRIATE $71,000 from increased fees charged for the City to continue providing service; and, increase revenue accordingly. Voting: 8-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K. Dean and John D. Moss Council Members Abstaining: Linwood O. Branch, III Council Members Absent: None Councilman Branch DISCLOSED pursuant to Section 2.1-639.14(G), Code of Virginia, and ABSTAINED as he has an ownership interest in Lynn-Dee Motel, Inc., which exceeds three percent of the total equity of the corporation, and that Lynn-Dee Motel, Inc. owns the South Shore Resort Inn which is located in the resort collection zone and will be entitled to receive refuse collection services if the ordinances are approved. Councilman Branch's letter of September 28, 1993, is hereby made a part of the record. September 28, 1993 City of Virginia LINWOOD O BRANCH III COUNCILMAN - VIRGINIA BEACH BOROUGH (804) 428 6141 /422 4902 Beach SOUTH SHORE RESORT INN 1000 ATLANTIC AVENUE VIRGINIA BEACH ViRGiNiA 23451 September 28, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re' Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration' 1, The transactions for which I am executing this written disclosure are the City Council's discussion and vote on an ordinance to amend and reordain Chapter 31 of the City Code to include new provisions pertaining to City refuse collecuon services ~n the resort collecuon zone, and an ordinance to appropriate $71,000 from increased fees to continue providing such services. e The nature of my personal interest is that I have an ownership interest in Lynn-Dee Motel, Inc. which exceeds three percent (3 %) of the total equity of the corporation, and that Lynn-Dee Motel, Inc. owns the South Shore Resort Inn which is located in the resort collection zone and will be entitled to receive City refuse collection services if the ordinances are approved. , The City Attorney has advised me that in his opinion I am a member of a group, i.e., individuals having a personal interest in a business which owns Mrs. Ruth Hodges Smith -2- September 28, 1993 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia property in the resort collection zone, the members of which will be similarly affected by these transactions. 1 I wish to disclose this interest and declare that I am able to participate in these transactions fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in your official records. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Linwood O. Branch III Councilman LOB,llI/clb Enclosure City of Vi -'ginia Beach LESLIE L LILLEY CITY ATTORNEY MUN~C'PAL CENTE~ BE&C~ CA 23456 900-I ~804~ 42* 453 FAX ~8041 426 568~ September 28, 1993 Councilman Linwood O. Branch III Municipal Center Virginia Beach, Virginia 23456 Re' Request for Conflict of Interests Act Opinion Dear Mr. Branch: I am writing in response to your request for an opinion as to whether you may participate in the Council consideration of an ordinance to amend and reordain Chapter 31 of the City Code to include new provisions pertaining to City refuse collection services in the resort collection zone, and an ordinance to appropriate $71,000 from increased fees to continue providing such services. The ordinances are scheduled for consideration by the Council at its September 28, 1993, meetmg. SUMMARY/CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you, I am of the opinion that you have a personal interest in the City Council's consideration of an ordinance to amend and reordain Chapter 31 of the City Code to include new provisions pertaining to City refuse collection services in the resort collection zone, and an ordinance to appropriate $71,000 from increased fees to continue providing such services as a result of your interest in Lynn-Dee Motel, Inc., owner of the South Shore Resort Inn at 1014 Atlantic Avenue. However, as a member of a group of persons affected by the transactions, you may participate in the transactions upon disclosure of your interest pursuant to Virginia Code § 2.1-639.14(G). I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Councilman Linwood O. Branch III -2- Re: Request for Conflict of Interests Act Opinion September 28, 1993 FACTS PRESENTED; Your request for an advisory opinion is generated by City Council's consideration of an ordinance to amend and reordain Chapter 31 of the City Code to include new provisions pertaining to City refuse collection services in the resort collection zone, and an ordinance to appropriate $71,000 from increased fees to continue providing such services. Generally, these ordinances authorize City collection of refund from commercial establishments in the resort area. You have advised that your concern and reason for requesting this opinion is that you have an ownership interest in Lynn-Dee Motel, Inc. which exceeds three percent (3 %) of the total equity of the corporation, and that Lynn-Dee Motel, Inc. owns the South Shore Resort Inn which is located in the resort collection zone and which would be eligible to receive the referenced City services. ISSUE: Are you precluded from participating in City Council's consideration of an ordinance to amend and reordain Chapter 31 of the City Code to include new provisions pertaining to City refuse collection services in the resort collection zone, and an ordinance to appropriate $71,000 from increased fees to continue providing such services? DISCUSSION; I. Applicable Definitions of Section 2.1-639.1 A. The City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. Bi Act. You are an officer within the meaning of § 2.1-639.2 of the above-referenced C. The ordinances to be voted on by City Council are "transactions" as defined by the Act. The Act defines a transaction as "any matter considered by any...governmental agency on which official action is taken or contemplated." § 2.1-639.2. D. 'Personal interest" is defined in § 2.1-639.2 as a financial benefit or liability which accrues to an officer, employee, or to an mediate family member. The interest Councilman Linwood O. Branch III -3- September 28, 1993 Re: Request for Conflict of Interests Act Opinion exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; or 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. Section 2.1-639.2 defines a ~personal interest in the transaction" as existing when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. 11. Application of Definitions A. Personal Interest You have a personal interest in Lynn-Dee Motel, Inc. by virtue of your ownership interest in the corporation which exceeds three percent (3 %) of the total equity of the corporation. B. Personal Interest in the Transaction In order to have a personal interest in the transactions, Lynn-Dee Motel, Inc. must be either the subject of the transactions or realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the transactions. Clearly, the corporation is not the subject of the transactions. However, the question of ~reasonable foreseeability" remains. If the ordinances are approved, the South Shore Resort Inn, which is owned by Lynn-Dee Motel, Inc., will be entitled to receive City refuse collection services. Because the South Shore Resort Inn is located in the resort collection zone, the outcome of the ordinances will have an affect on Lynn-Dee Motel, Inc., and thus you have a personal interest in the transactions within the meaning of the Conflict of Interests Act. The transactions before Council do not, however, apply solely to Lynn-Dee Motel, Inc. or the South Shore Resort Inn but apply to all commercial establishments in that Councilman Linwood O. Branch III -4- Re: Request for Conflict of Interests Act Opinion September 28, 1993 zone. Therefore, you are a member of a group, the members of which will be similarly affected by the Council's vote on the ordinances (i.e., individuals having a personal interest in a business that owns property located in the resort collection zone). Therefore, it is my opinion that you may participate in the Council's discussion and vote on the ordinances as long as you comply with the disclosure requirements of § 2.1-639.14(G). III. Disclosure Requirements Based on the opinion that you may participate in Council's consideration and vote on the ordinances upon disclosure of your personal interest, such disclosure must include a declaration that you are able to participate in the transactions fairly, objectively, and in the public interest. A proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five (5) years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in the transactions after disclosure. However, if you are concerned that participating in the transactions, even after disclosure, creates an unacceptable appearance, you may abstain from voting under § 2.1- 639.14(E) provided that you first disclose your interest in the transactions. I have also enclosed a proposed abstention letter which complies with § 2.1-639.14(E). Please contact me should you desire any additional information. Very truly yours, City Attorney LLL/RMB/clb Enclosure AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, TO INCLUDE NEW PROVISIONS PERTAINING TO REFUSE COLLECTION IN THE RESORT COLLECTION ZONE 10 11 12 13 14 15 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 31-5, 31-6, 31-27, 31-29, 31-34, and 31-36 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Section 31-5. Refuse receptacles for parking lots. The owner or manager of any parking lot or establishment with a parking lot shall provide refuse receptacles distributed within the parking area. The department of public works shall have the authority to determine the number of receptacles necessary to provide proper containerization. It shall be the responsibility of the owner or manager of the parking lot to maintain such receptacles and place them in an approved location for collection by the city or in the case of bulk containers, by a private contractor. Section 31-6. Refuse receptacles and bulk containers utilized by commercial establishments. Any commercial establishment which desires to utilize a bulk 18 19 20 21 22 23 24 25 26 27 container for its refuse shall employ the services of a private contractor to service that container. The owner, manager or occupant of any commercial establishment shall be responsible for the collection or handling of solid waste originating from their commercial property. Said owner~ e~ manager or occupant of the commercial establishment shall provide refuse receptacles for the commercial establishment, and shall maintain such receptacles and place them in approved locations for collection by a private contractor. Owners, managers or occupants of commercial establishments in the resort collection zone shall provide refuse 28 receptacles for said commercial establishments and shall maintain 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 such receptacles and place them in approved locations for collection by the city or by a private contractor. Such container~ shall at all times be clean, neat and in a good state of repair. Cleaning up materials spilled from t-he container~ when emptying shall be the responsibility of the private contractor or the property owner, manager or occupant. No refuse shall be placed adjacent to any bulk container or refuse receptacle. The owner, manager or occupant of any establishment for which a bulk container screening requirement applies must maintain such screening in a clean and neat condition and in good state of repair. Section 31-27. Frequency of collection. (a) Garbage and household trash accumulated at residences shall be collected by the city one time each week, except when otherwise designated by the director of public works. Oversized household trash, and bulky items such as refrigerators, water heaters and washing machines shall be collected by the city one time each week at the curbside; provided that, the service of collecting these articles shall only be provided when a special order is placed by telephoning the bureau of refuse collection in advance. (b) City refuse collection service to commercial establishments inside of the resort collection zone shall be seven 52 53 54 55 56 57 58 59 60 61 (7) days per week from May 1 through September 30, six (6) days per week (Monday through Saturday) during the months of April and October, and four (4) days per week (Monday, Tuesday, Thursday, and Friday) from November 1 through March 31 using mobile and/or automated containers approved by the city. Section 31-29. Limitation on amount collected from commercial establishments in the resort collection zone; cardboard boxes to be cut, flattened and tied. Commercial establishments in the resort collection zone shall 62 63 64 not place for collection by the city more than six (6) automated containers of refuse each collection day, unless otherwise designated by the director of public works. Cardboard boxes shall 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 be cut, flattened and tied securely in such a manner that they may be easily collected by the city forces. Section 31-34. Forking of debris flooded or washed upon private property. On seasonal occasions, when various types of debris from public waterways, highways or drainage systems is either flooded or washed upon residential private property, or upon any commercial property in the resort collection zone utilizing city solid waste services,., and such debris has been carted to the curb line for collection by the city, the director of public works may authorize the forking of such accumulations of debris not in containers or stacked as normally required by this chapter. Section 31-36. Charges to commercial establishments in the resort collection zone for city disposal of solid waste. Ca) Commercial establishments in the resort collection zone 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 receiving city solid waste services shall be charged a disposal fee. The monthly fees shall be as follows: One (1) day per week service (up to 6 containers) ... $20.00 per month. Four (4) days per week service (up to 6 containers) ... $170.00 per month. Four (4) days per week service (limited to 1 container) ... $29.00 per month. Six (6) days per week service (up to 6 containers) ... $250.00 per month. Six (6) days per week service (limited to 1 container) ... $42.00 per month. Seven (7) days per week service (up to 6 containers) ... $300.00 per month. Seven (7) days per week service (limited to 1 container) ... $50.00 per month. (b) Notwithstanding any provision in this chapter to the contrary, the city reserves the right, in its sole discretion, to discontinue providing city solid waste services to commercial establishments, in general, in the resort collection zone upon 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 ninety (90) days written notice to participatinq establishments from the city manager or his duly authorized designee, in the event less than seventy-five (75) commercial establishments utilize such services. Furthermore, the city manager or his duly authorized designee is hereby authorized to immediately discontinue providing such services to any commercial establishment in the resort collection zone if the establishment is delinquent in the payment of the fee provided in subsection (a) of this section and shall not resume providing such services until all delinquent fees have been paid in full. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of September 1993 CA-5299 ORDIN\NONCODE\31-O05ET.ORD R-3 DATE: SEPTEMBER 27, 1993 AS.TO gONTEI'I""~ D£?ART/V c_:,lT AFPROVED AS TO '~-~-.%~ ,,,SUJ::J:iC~ AND IL..,': , 1211Y ATIORN~_¥ AN ORDINANCE TO APPROPRIATE $71,000 IN ADDITIONAL REVENUES FROM INCREASED FEES CHARGED FOR CITY PROVIDED COMMERCIAL WASTE MANAGEMENT SERVICES TO CONTINUE PROVIDING SUCH SERVICES IN THE RESORT AREA WHEREAS, the City Council with the adoption of the FY 1993- 94 Operating Budget voted to discontinue providing commercial waste management services, WHEREAS, the Resort Area, due to its unique situation argued that it was impractical to have multiple private haulers operating in the area and also could prove unsightly and unhealthy due to the anticipated proliferation of dumpsters, 10 11 WHEREAS, an increase in the fees will allow the City to continue to provide service for a limited time until other arrangements can be reached and the fees can be raised to cover the full cost of providing the services, 12 13 14 15 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $71,000 be appropriated for the purpose of providing City waste management services inside the Resort Area. 17 18 BE IT FUROR ORDAINED THAT, estimated revenues in the FY 1993-94 Operating Budget be increased by $71,000 to reflect the additional revenues resulting from the increased fee. 19 20 1993. This ordinance shall become effective as of October 15, 21 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 28 day of September, 1993. Approved as to Content Deputy Director Management and Budget - 22 - Item III-L2. ORDINANCES~RESOLUTIONS ITEM # 37250 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the Ordinance. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $1,663,616 from various projects to the Southeastern Expressway land acquisition re purchase of approximately 55 acres in conjunction with and contingent upon the Churchill Downs Race Track development, CIP #2-089. Voting: 8-3 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. Sessorns, Jr. Council Members Voting Nay: Robert IC Dean, John D. Moss and Nancy IC Parker Council Members Absent: None September 28, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE TO TRANSFER $1,663,616 FROM VARIOUS PROJECTS TO SOUTHEASTERN EXPRESSWAY ACQUISITION FOR PURCHASE OF LAND IN CONJUNCTION WITH AND CONTINGENT UPON RACE TRACK DEVELOPMENT WI-W. RF.A_S, the Southeastern Expressway is essential to the City's transportation network and long-term economic development, WHEREAS, the City and Churchill Downs, Incorporated have entered into an agreement of interest regarding the location of a race track in Virginia Beach, ~-IF. RF.&S, the City Council has authorized the City Manager to enter into an agreement of purchase for "+55 acres" associated with the Southeastern Expressway right-of-way, WHEREAS, the City Manager as successfully concluded such an agreement, right- of-way to be purchased for $29,636 per acre and said agreement is contingent upon the availability of funds and said agreement has been reviewed and approved by the City Attorney, Wt-W. RE&S, the agreement is conditional upon the development of a race track on adjacent property; and, WHEREAS, funding for the acquisition has been budgeted in the Capital Improvement Program and budget dated September 14 and transfer of funds at this time is needed to comply with the terms of the agreement. NOW, THEREFORF~ BE IT ORDAINFI) THAT, $1,663,616 is hereby transferred from various projects to CIP project #2-089 for the stated acquisition under the terms and conditions of the agreement dated July 16, 1993, such terms and conditions specifying that no funds shall be paid until closing, such closing being contingent on the development of the race track. 28 Adopted by the Council of the City of Virginia Beach, Virginia on the ~ day of September , 199 3 ;I I E. D. Block' ~'3 Management and Budget l! RESERVATION AND PURCHASE AGREEMENT THIS RESERVATION AND PURCHASE AGREEMENT ("Agreement"), made this 16th day of July, 1993, by and between THE TAYLOR GROUP, L.P., a Virginia limited partnership (the "Owner"), Grantor, and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (the "City"), Grantee. W I T N E S S E S: WHEREAS, Owner is seized of certain real estate in the City of Virginia Beach. Owner has entered into an Agreement of Purchase and Sale dated July 1, 1993, with Churchill Downs, Incorporated (hereinafter "Churchill Downs") for the sale of a portion of its property, which Churchill Downs intends to develop into a horse racing facility (the "Churchill Agreement"); and WHEREAS, the City's Master Street and Highway Plan reflects that a portion of the Owner's property may be needed for the planned Southeastern Expressway; and WHEREAS, as a condition of the sale of a portion of its property to Churchill Downs, City has requested and Owner agrees to enter into this Agreement to reserve a portion of its property as is described herein and as is shown on the attached Exhibit A, for the planned development and construction of a major arterial highway in accordance with the City's Master Street and Highway Plan; and WHEREAS, the City agrees to purchase, or cause to be purchased, from Owner the property, as shown on the attached Exhibit ~, in accordance with this Agreement; and WHEREAS, the City has had the Property appraised, and the value per acre justifies its purchase of the Property for the Purchase Price set forth in this Agreement. NOW, THEREFORE, in consideration of the Recitals, all of which are deemed a part of this Agreement and other good and valuable consideration, the receipt of which is acknowledged, the parties agree as follows: CLAUSE NO. ~ Owner agrees to reserve for future purchase by the City the following described property, to-wit: All that certain lot, tract or parcel of land designated and described as "±55 AC" on that certain plat entitled "COMPOSITE PLAT OF PORTION OF PROPERTY OWNED BY TAYLOR GROUP, L.P.," as prepared by Horton & Dodd, P.C. Surveyors and Engineers, a copy of which is attached hereto as Exhibit A (the "Property"). CLAUSE NO. 2 The purchase price for the Property shall be $29,636.00 per acre. The actual acreage shall be determined based on a boundary survey to be prepared by Horton & Dodd, P.C. ("Surveyor") with actual acreage certified by Surveyor to City and Owner. The City and Owner shall each pay 50% of the cost of the survey, but in no event will Owner be obligated to pay more than $1,000.00 toward the cost of such survey. The Owner and City understand and acknowledge the Surveyor can determine the actual acreage by where it draws the lines defining the Property, and that the Surveyor shall be instructed to draw such lines as to make the Property contain, as nearly as possible, 55 acres. Provided, however, the - 2 - final configuration of the Property must be acceptable to the City and Owner and consistent with the City's proposed location of the roadway as it crosses the Owner's property. The acreage so determined and certified shall be multiplied by $29,636.00 to determine the purchase price for the Property (the "Purchase Price"). CLAUSE NO. 3 Owner agrees at such time as the City purchases the Property, that it shall convey same to the City by deed containing GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE. The Property shall be conveyed free and clear of all liens and encumbrances, encroachments, boundary line disputes or surveying discrepancies except the Permitted Exceptions, determined as set forth below. The Owner further agrees that the City's obligation to purchase the Property is contingent upon the City having obtained a commitment for an owner's policy of title insurance on or before September 30, 1993 from a title insurance company authorized to transact business in Virginia, and such examination and commitment shall not disclose any liens, encumbrances or adverse conditions to title which would unreasonably affect the marketability of title or the City's use of the Property as a roadway and buffer area. City shall conduct a physical survey and examination of the Property and an examination of the title to the Property and obtain a commitment for Owner's title insurance expeditiously after the execution of this Agreement. All conditions, restrictions, easements, liens or encumbrances of record affecting the Property, or any - 3 - encroachments, boundary line disputes or surveying discrepancies, or anything else which would be ascertained by a title examination and a physical survey of the Property, and to which City does not object on the basis that they unreasonably affect the marketability of title to the Property or the City's intended use of the Property as a roadway and buffer area, shall be deemed to be "Permitted Exceptions." If there are any conditions, restrictions, easements, liens or encumbrances of record or which have been ascertained from a title examination and a physical su~. vey of the Property and which City objects to as unreasonably affecting the marketability of title of the Property or the City's intended use of the Property as a roadway or buffer area, City shall so notify Owner within ten (10) days of receiving such reports or information. Within ten (10) days of receipt of such notification, Owner shall notify City of its election to either, at its cost and expense to be responsible to remove such condition, restriction, easement, liens, encumbrances, encroachments, boundary line disputes or surveying discrepancies at or before the closing on the sale of the Property to City, or to advise City that it will not be responsible for removing such condition, restriction, easement, liens, encumbrances, encroachments, boundary line disputes or surveying discrepancies. Failure of Owner to provide City with such notification within the ten (10) day period shall be deemed its election to remove such condition, restriction, easement, lien, encumbrance, encroachments, boundary line disputes or surveying discrepancies. If Owner elects to not remove such condition, - 4 - restriction, easement, lien, encumbrance, encroachments, boundary line disputes or surveying discrepancies, City shall have ten (10) days after receiving such notice to notify Owner of its election to either accept the Property with such condition, restriction, easement, lien, encumbrance, encroachments, boundary line disputes or surveying discrepancies, in which case it shall be deemed to be a "Permitted Exception," or to declare this Agreement to be null and void and of no further effect. Failure of City to provide Owner with such notification within ten (10) days shall be deemed its election to accept the Property subject to such condition, restriction, easement, lien or encumbrance. If the City fails to notify Owner on or before September 30, 1993 as to whether City has any objections to title or objections regarding encroachments, boundary line disputes or surveying discrepancies, either the Owner or City (if it has been unable to obtain title reports, physical surveys or other studies or reports by such deadlines) may, in its discretion, declare this Agreement to be null, void and of no further legal affect. After the date of this Agreement, Owner agrees to not place any additional condition, restriction, easement, encumbrance, or lien unreasonably affecting the marketability of title or the City's intended use as a roadway or buffer area without the prior written consent of City, which will not be unreasonably withheld or delayed. Prior to closing the Owner shall have recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach a subdivision plat which identifies and describes the Property. Such plat shall be in - 5 - conformity with all subdivision regulations of the City of Virginia Beach. CLAUSE NO. 4 Owner agrees it shall not enter into any new lease or contract with respect to the Property which terminates after June 30,1994, or enter into any agreement to modify or amend any existing lease or contract which terminates after June 30, 1994, without the prior written consent of City, which consent will not be unreasonably withheld or delayed. Notwithstanding this prohibition, Owner shall be permitted to conduct any activities on the Property as may be necessary in order for it to continue to qualify as being in "land use." Additionally, Owner shall be permitted to continue or take any lawful action: (i) which may be necessary to ensure the Property will not be classified as a non- tidal wetland, or (ii) any other lawful actions as may be necessary to satisfy governmental regulations which may adversely affect Owner's continuing ownership of the Property. The Owner and City further agree that for any tenant farming the Property, if applicable, they will permit said tenant to harvest and remove his crops, even if it occurs after the Closing. The parties agree any rent from such tenant covering the period occurring after the Closing shall be prorated between City and Owner. - 6 - CLAUSE NO. 5 Owner agrees that at such time as the Property is purchased by the City, there will be no compensation for any improvements shown on the attached Exhibit A or for any future improvements placed within the area and that any relocation costs for signs or other improvements will be at the Owner's expense. The Owner agrees that it shall not make or have any claims or claims for damage to the said improvements or damages to the residue of the Owner's property by reason of the said purchase. CLAUSE NO. 6 The obligations of either party to this Agreement are expressly conditioned upon the closing and the delivery for recordation in the Clerk's Office of the Circuit Court of the City of Virginia Beach of the deed for the property identified in the Churchill Agreement between the Owner and Churchill Downs. If such closing and delivery of the deed for recordation has not occurred on or before December 5, 1995, this Agreement shall automatically be null and void and of no further legal effect. Additionally, the City shall be under no obligation to purchase the Property unless, at the time of the closing between the Owner and Churchill Downs, the following events (conditions) shall have occurred: 1. Churchill Downs shall have received all necessary licenses and approvals from the Virginia Racing Commission to own and operate a horse racing facility on the property it is to purchase from the Owner. 2. Churchill Downs shall have obtained commitments for debt and equity financing for the acquisition and construction of - 7 - a race track and related facilities on such property from qualified lenders and equity investors. 3. The City Council of the City of Virginia Beach, Virginia shall have granted a conditional use permit enabling Churchill Downs to operate a horse racing facility on such property together with all uses ancillary thereto. If any of the foregoing events (conditions) have not occurred as of the time of the closing between the Owner and Churchill Downs or, if prior to the closing between the Owner and the City, Churchill Downs notifies City, Owner or the public that it has abandoned its plan to construct a horse racing facility on the Owner's property, either City or Owner may, in their discretion, declare this Agreement to be null and void and of no further legal effect. CLAUSE NO. 7 The closing for the Property ("Closing") shall occur within three (3) business days of the delivery for recordation of the deed to Churchill Downs (or its permitted assigns) for the property identified in the Churchill Agreement. At least fifteen (15) days prior to the closing with Churchill Downs, the Owner will notify the City of the scheduled date of such closing, so that the City may be allowed sufficient time to prepare for the City's Closing pursuant to this Agreement. The Closing shall take place in the Office of the City Attorney for the City of Virginia Beach, Virginia. Ail taxes and assessments will be prorated and adjusted as of the date of Closing. funds. Payment will be made in cash or immediately available At Closing, the Owner will provide the City with an -- 8 -- compliance with all applicable federal, state and local environmental laws and ordinances. If any noncompliance is found to exist, City will request the Owner to be responsible to correct such noncompliance at its sole expense to the satisfaction of the City. If Owner elects to not satisfy such non-compliance, either Owner or the City may declare this Agreement null, void and of no further legal effect. Failure of Owner to respond to such request within ten (10) days shall be deemed its agreement to correct the noncompliance. City shall request Owner to be responsible for any such matter, on or before September 30, 1993, after which if the City has failed to make such request, City shall be deemed to be satisfied that the Property is in compliance with all applicable federal, state and local environmental laws and ordinances. CLAUSE NO. 11 It shall be the responsibility of the City to determine whether or not there are any adverse conditions, including but not limited to environmental conditions, hazardous waste conditions, or status as protected wetlands which would prevent the City's proposed use of the Property as a roadway and buffer area. City agrees to commence its investigation of the Property expeditiously on the execution of this Agreement. If any such conditions are determined to exist which would prevent City's intended use of the Property as a roadway and buffer area, the City may declare this Agreement null, void and of no further legal effect. The Owner agrees to allow the City to enter upon the Property for purpose of making such investigations as it deems appropriate. City agrees - 10 - to indemnify and hold Owner harmless for any damages to the Property or to any tenant occupying the Property, caused by City, its employees, agents, or independent contractors conducting such investigation. If City fails to notify Owner by September 30, 1993 of any such conditions, it shall be deemed there are no environmental conditions, hazardous waste conditions, or protected wetland conditions which would prevent City's intended use of the Property as a roadway and buffer area. CLAUS~ NO. ~2 As of the date of this Agreement, the Owner covenants, represents and warrants that there is no action, suit, proceeding, claim, investigation, citizen suit or review pending or threatened against or affecting the title to the Property. should any notice of such an action, suit, proceeding, claim, investigation or citizen suit be received by Owner, it shall be forwarded to the City upon its receipt. CLAUSE NO. 13 Nothing in this Agreement shall be construed or interpreted as requiring or obligating the Virginia Beach City Council (the "City Council") to approve any requested rezoning or condition use permit application which may be submitted by or on behalf of the Owner or Churchill Downs. The parties acknowledge that in considering such applications, the City Council must exercise its legislative discretion and may vote on same only after carefully considering the merits of same, the land use implications - 11 - of an approval of the request and any public comments which may be received. CLAUSE NO. 14 Each party understands and agrees that the terms and conditions of this Agreement and the Churchill Agreement, including the Purchase Price and per acre price as well as the appraisals to be prepared pursuant to Clause No. 2, shall not be introduced into evidence or utilized as a comparable sale for valuation purposes in any pending or future eminent domain proceedings in which the Owner and/or the City are parties. CLAUSE NO. 15 The Owner will bear the risk of loss or damage to the Property prior to Closing. CLAUSE NO. 16 Any notices required to be delivered pursuant to this Agreement shall be delivered to the following: For the Owner: With copy to: For the City: The Taylor Group, L.P. P.O. Box 6227 2599 Dam Neck Road Virginia Beach, VA 23456 Attn: Linda T. Chappell, General Partner Thomas E. Snyder, Esquire Clark & Stant, P.C. 900 One Columbus Center Virginia Beach, VA 23462 City Manager city of Virginia Beach Municipal Center Virginia Beach, VA 23456 - 12 - With copy to: City Attorney City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Such notices shall be deemed received when hand-delivered, or two (2) days after being deposited in the United States mail, certified mail, return receipt requested, postage prepaid, at the addresses set forth above. CLAUSE NO. 17 The parties acknowledge that this Agreement is entered into under threat of condemnation. CLAUSE NO. 18 No party or parties will be deemed the drafter of this Agreement and if this Agreement is construed by a court of law, such court will not construe this Agreement against any party as its drafter. CLAUSE NO. 19 There have been no other promises, considerations or representations made which are not set forth in this instrument. CLAUSE NO. 20 Owner and City represent and warrant to each other that this Agreement has been entered into by their duly authorized agents and that this Agreement is a valid, legal agreement, enforceable against each other in accordance with its terms, but subject to bankruptcy, creditors' rights and equitable principles generally. If either party breaches this Agreement, as determined by a court of competent jurisdiction, the breaching party shall be responsible for the non-breaching party's reasonable costs incurred - 13 - in enforcing this Agreement, including reasonable attorneys' fees, all as may be determined by such court. CLAUSE NO. 21 Although the City intends to use the Property for roadway and buffer area purposes, this Agreement shall not be interpreted in any way as restricting the City's use of the Property and no restriction on the use of the Property will be included in the deed for the property from Owner to City. CLAUSE NO. 22 If within ten (10) years after the Closing on the Property the City decides to sell the Property and the City has received a bona fide offer from a third party ("Offeror") other than offers from the Virginia Department of Transportation, Commonwealth of Virginia, or their agencies (the "Commonwealth"), for the purpose of acquiring the Property from the City for the proposed development of the Southeastern Expressway, to purchase all or any portion of the Property, City shall promptly send to Owner a copy of the proposed contract ("Contract"), with notification that City intends to accept the Contract. Buyer shall have the right within thirty (30) days thereafter to agree to purchase the Property or that portion thereof which is the subject of the Contract, under the same terms and conditions as the third party offer. If the Owner does not elect to purchase the Property or the portion thereof which is subject to the Contract within such thirty (30) day period, City may sell the Property to the Offeror on the terms and conditions as are contained in the Contract. At - 14 - the time of the Closing on the Property, City and Owner agree to enter into a separate right of first refusal agreement to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia setting forth the terms and conditions set forth in this right of first refusal. CLAU~ NO. 23 This Agreement is contingent upon the City Council's appropriation of sufficient funds for the acquisition of the Property for the Purchase Price. In the event that the City Council has not appropriated sufficient funds for such purpose on or before September 29, 1993, either party may declare this Agreement to be null, void and of no further legal effect. IN WITNESS WHEREOF, the Grantor has caused this Agreement to be executed, and the City of Virginia Beach has caused this Agreement to be executed by its City Manager and attested by its City Clerk, duly authorized. THE TAYLOR GROUP, L.P., a Virginia limited partnership Creech General Partner - 15 - By: LTC MANAGEMENT, INC., a Virginia corporation, General Partner (SEAL) ATTEST: CITY OF VIRGINIA BEACH ~an~/~uthn~~ ilz~~s i gnee ' Cit~ Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Lisa P. Adams , a notary public for the City and State aforesaid, I hereby certify that Linda T. Chappell, as general partner of The Taylor Group, L.P., a Virginia limited partnership, whose name is signed to the foregoing writing, bearing date the 16th day of July , 1993, has acknowledged same before me in my City and State aforesaid. 1993. My Commission Expires: 8/31/96 Given under my hand this 16th day of July P~b'" c SIGNATURE ,% DEPARTMENT APPROVED AS TO LEGAL 16 - COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Lisa P. Adams , a notary public for the City and State aforesaid, I hereby certify that BARBARA T. CREECH, as general partner of The Taylor Group, L.P., a Virginia limited partnership, whose name is signed to the foregoing writing, bearing date the 16th day of July , 1993, has acknowledged same before me in my City and State aforesaid. 1993. Given under my hand this 16th day of July Notary Publ My Commission Expires: 8/31/96 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Lisa P. Adams , a notary public for the City and State aforesaid, I hereby certify that Linda T. Chappell, as President of LTC Management, Inc., a Virginia corporation, general partner of The Taylor Group, L.P., a Virginia limited partnership, whose name is signed to the foregoing writing, bearing date the 16th day of July , 1993, has acknowledged same before me in my City and State aforesaid. 1993. Given under my hand this 16th day of July My Commission Expires: 8/31/96 - 17 - COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, d.~ ~/&~u , a notary public for the City and State aforesaid, I hereby certify that ,~/~~ /~, ~r~ , as city Manager/Authorized Designee of the City Council for the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, bearing date the /~ e~day of ~/~ , 1993, has acknowledged same before me in my Cit~-and State aforesaid. Given under my hand this 4! day of ~e~f~~ , 1993. My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~./~. ~/~ , a notary public for the City and State aforesaid, I hereby certify that ~~ ~~es ~~~.~.~., as City Clerk for the City of 9irginia B~ach, Virginia, whose name is signed to the foregoing writing, bearing date the ~&~day of ~/~ , 1993, has acknowledged same before me in my City and State aforesaid. Given under my hand this ~! day of ~ , 1993. My Commission Expires: ~/~/~ 7 Notary Public 89082002 ~3-ag't.c.te~ - 18 - - 23 - Item llI-I. 3.a. ORDINANCES/RESOL UTIONS ITEM # 37251 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the Ordinance. A MOTION was made by Vice Mayor Sessoms, seconded by Councilman Branch, to ADOPT: Resolution approving an Informative Charter Amendment Summary re the City's Councilmanic Electoral Plan to be voted on at the November 2, 1993, General Election. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: None September 28, 1993 - 24 - Item III-L3 ~. ORDINANCES/RESOL UTIONS ITEM # 37252 ADD-ON Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council: DIRECTED the City Attorney to remove the City's Councilmanic Electoral Question from the November 2~ 1993 Ballot. Voting: 6-5 Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John ,4. Baum, Linwood O. Branch, III, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None September 28, 1993 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RECITALS A. The City of Virginia Beach Development Authority (the "Authority") at the request of M&G Assoc., a Virginia general partnership (the "Purchaser"), previously issued the Authority's 1982 Industrial Development Revenue Bond (M&G Assoc. Facility) in the original principal amount of $2,000,000 (the "Bond") to finance a port~on of the costs of acqu~nng, constructing, renovating and equipping a boat sales, docking and d~stnbut~on facility consisting of five buildings with approximately 79,750 square feet and located at 2150 West Great Neck Road in the C~ty of Virginia Beach, V~rg~n~a (the "Facility"). B. The Purchaser and Signet Bank/Virginia (the "Lender"), as holder of the Bond, have agreed to amend certain terms of the Bond and the Purchaser has requested that the Authority consent to such modifications ~n order to refinance the Facility. C. The modification of the Bond results in a reissuance of the Bond for federal ~ncome tax purposes and such reissuance w~ll be treated as a technical current refunding of a private activity bond for federal income tax purposes in order to maintain the tax exempt status of the interest on the Bond. D. Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having junsdict~on over the area ~n which any facility financed w~th the proceeds of pnvate activity bonds ~s located must approve the ~ssuance of such bonds. The Facility ~s located ~n the City of Virginia Beach, Virginia (the "C~ty") and the C~ty Council of the C~ty (the "City Council") constitutes the h~ghest elected governmental unit of the City. E. Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "V~rg~n~a Code"), provides that a public hearing which ~s required to be held under Section 147(f) of the Code in order to approve the issuance of private activity bonds must be held by the industrial development authority which ~ssues bonds on behalf of the governmental unit which must approve the ~ssuance of such bonds. F. The proposed modifications and reissuance of the Bond to refinance the Facility have been described to the Authority and the Authority has conducted a public hearing ~n connection with such modifications and reissuance as required by Section 147(f) of the Code and Section 15.1-1378.1 of the V~rg~nia Code. After such public heanng, the Authority adopted a resolution approving the reissuance of the Bond to refinance the Facility and has recommended that the City Council approve the reissuance of the Bond ~n order to refinance the Facility. G. A copy of the Authority's resolution recommending the City Council approve the reissuance of the Bond to refinance the Facility, a certificate of the p~Jblic hearing and a Fiscal Impact Statement have been filed with the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AS FOLLOWS: 1. The City Council approves the reissuance of the Bond by the Authority for the benefit of the Purchaser as required by Section 147(f) of the Code and Section 15.1- 1378.1 of the Virginia Code to permit the Authority to assist the Purchaser in refinancing the Facility by modifying the Bond. 2. The approval of the re~ssuance of the Bond does not constitute an endorsement to the holder of, or a prospective purchaser of, the Bond of the creditworthiness of the Facility or the Purchaser. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103-2(f)(1), th~s Resolution will remain in effect for a period of one year from the date of its adoption. 4. This Resolution will take effect immediately upon its adoption. Adopted by the City Council of the City of Virginia Beach, Virginia this 28th day of September, 1993. (SEAL) City Clerk, C~ty of Virginia Beach, V~rgin~a Approved as to form: [~a~dall~. Blow, Esquire Assistant C~ty Attorney w V~4&G'k~&G I01 RS1 -2- CERTIFICATE The undersigned Clerk of the City of Virginia Beach, Virginia (the "City") hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the City Council of the City present and voting at a meeting duly called and held on September 28, 1993, in accordance w~th law, with a quorum present and acting throughout, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. Dated: September__, 1993 City Clerk, City of V~rg~n~a Beach, Virginia (SEAL) - 26 - Item III-L3. ORDINANCES/~SOL UTIONS ITEM # 37254 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Resolution supporting the Commonwealth Transportation Board's request to re-name the bridges commonly known as "Twin Bridges" located within the City of Virginia Beach and designated Route 1-64: C. Roger Malbon, Sr. Memorial Bridges. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 A RESOLUTION SUPPORTING THE COMMONWEALTH TRANSPORTATION BOARD'S REQUEST TO NAME THE BRIDGES COMMONLY NAMED AS TWIN BRIDGES LOCATED WITHIN THE CITY OF VIRGINIA BEACH AND DESIGNATED ROUTE 1-64, THE C. ROGER MALBON, SR. MEMORIAL BRIDGES WHEREAS, the Commonwealth Transportation Board desires to name the twin bridges over the Eastern Branch of the Elizabeth River, on Interstate Route 64, between the City of Norfolk and the City of Virginia Beach, as a memorial to the late C. Roger Malbon, Sr.; and WHEREAS, C. Roger Malbon, Sr. has given many years of dedicated public service to the Tidewater Area as Sheriff of Princess Anne County, Commonwealth Transportation Board member, member of the Chesapeake Bay Bridge-Tunnel Commission and also in many other areas of endeavor; and WHEREAS, Mr. Malbon was born in Princess Anne County, was a lifelong resident of Virginia Beach, and was a true public servant who gave unselfishly of his time and energy to the betterment of the area; NOW, THEREFORE, BE IT HEREBY RESOLVED: That the City Council of the City of Virginia Beach hereby supports the request proposed by the Commonwealth Transportation Board to naming the bridges commonly named as the Twin Bridges located within the City of Virginia Beach and designed Route 1-64 the C. Roger Malbon, Sr. Memorial Bridges. ADOPTED ~ the Council Qf the City of Virginia Beach, Virginia, this day of september , 1993. - 27 - Item III-J. 1. PUBLIC HEARING ITEM # 37255 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING . (a) JENNY L. AND IRENE D. De,4RMOND ENLARGEMENT OF ,4 NON- CONFORMING USE (b) CHRISTIAN BROADCASTING NETWORK, INC. STREET CLOSURE (¢) HOLLOMON-BROWN FUNERAL HOME, INC. CHANGE OF ZONING CONDITIONAL USE PERMIT (d) ,4LBERT N. JENSEN CONDITIONAL USE PERMIT (e) ALBERT ,4. COW,4N, JR. CONDITIONAL USE PERMIT 69 A.T. ASSOCIATES CONDITIONAL USE PERMIT (g) MERCHANT'S II, INC. CONDITIONAL USE PERMIT (h) MARY SPAD Y CONDITIONAL USE PERMIT (i) R. H. ROSE CHANGE OF ZONING (j) WILLIAMS HOLDING CORPORATION VARIANCE AND, CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT (k) LAWRENCE ,4. SANCILIO, RACHEL V. SANCILIO, STREET CLOSURE LEN,4 SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD AND SIGNET BANK/VIRGINIA (1) LAWRENCE ,4. SANCILIO, LEN,4 SANCILIO, GEORGE M. SULLIVAN EST,4TE, MAURICE STEINGOLD AND LEWIS B. STEINGOLD CHANGE OF ZONING (m) LAWRENCE ,4. SANCILIO, LEN,4 SANCILIO, MAURICE STEINGOLD AND LEWIS B. STEINGOLD CONDITIONAL USE PERMIT September 28, 1993 - 28 - Item III-J. 1.a. PUBLIC HEARING ITEM # 37256 PLANNING Richard I~ Stell, 219 66th Street, Phone: 428-5824, represented the applicant Upon motion by Councilman Brazier, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of JENNY L. AND IRENE D. DeARMOND for the enlargement of a non- conforming use: Application of Jenny L. & Irene D. De. Armond for an enlargement of a nonconforming use on proeprty located at 2221 Oak Street, Cape Story By The Sea. Said parcel contains 6,900 square feet. LYNNHAVEN BOROUGH. Resolution authorizing the enlargement of an existing non-conforming duplex to construct an ~16' x 36' rear addition in accordance with the plans submitted. The following conditions shall be required: 1. Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor ~illiam D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 APPROVED AS TO CONTENTS .-. ~'J~NATURE - DE P/.~'rMENT -j 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 RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE LOCATED AT 2221 OAK STREET, PROPERTY OF JENNY L. AND IRENE DEARMOND, BOROUGH OF LYNNHAVEN WHEREAS, Jenny L. and Irene DeArmond, hereinafter referred to as the Applicants are the owners of a duplex located at 2221 Oak Street, Borough of Lynnhaven, in the R-7.5 Residential District; and WHEREAS, the Applicants desire to enlarge the said duplex by constructing an addition to it; and WHEREAS, the present use of the property does not conform to the provisions of the City Zoning Ordinance because duplexes are not permitted uses within the R-7.5 Residential District; and WHEREAS, pursuant to Section 105(d) of the City Zoning Ordinance, the City Council may authorize the enlargement of a nonconforming use if it finds that the use as enlarged is equally appropriate or more appropriate to the zoning district than is the existing nonconformity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the proposed duplex of the Applicants 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 City Council hereby authorizes the enlargement of the Applicants duplex in accordance with the site plan submitted in connection with the application. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of September , 1993. CA-5284 ORDIN \NONCODE \ CA5284 . RES R-1 DATE: 9/10/93 APPROVED AS TO LEGAL SUFFICIENCY ~DZ~ORM - 29 - Item IlI-J. l.b. PUBLIC HEARING ITEM # 37257 PLANNING Attorney Pamela Piscatelli, Post Office Box 3037, Norfolk, Phone: 624-3313, represented the applicant Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council APPROVED, SUBJECT TO COMPLIANCE BY APRIL 12, 1994, a Petition of the CHRISTIAN BROADCASTING NETWORK, INC., for the discorttir~uance, closure and abandonment of West Centerville Turnpike: Application of The Christian Broadcasting Network, Inc., for the discontinuance, closure and abandonment of West Centerville Turnpike beginning at the western boundary of Centerville Turnpike and running in a southwesterly direction a distance of 2900 feet more or less. Said parcel is 50 feet in width. KEMPSVILLE BOROUGH. The following conditions shall be require& 1, 2. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. Resubdivision of the property and vacation of internal lot lines is required to incorporate the closed area into these adjoining parcels as well as to ensure that all lots have access to a public street. The applicant is responsible for making arrangements to accommodate any non-municipal utilities which may be located in the right-of-way proposed for closure. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council (April 12, 1994). September 28, 1993 - 30 - Item llI-J.l.b. PUBLIC HEARING ITEM # 37257 (Continued) PLANNING Yoting : 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. and Robert IC Dean September 28, 1993 - 31 - Item III-J.l.c. PUBLIC HEARING ITEM it 37258 PLANNING Attorney James Pickrel( 3000 Bank of the Commonwealth Building, 403 Boush Street, Phone: 627-6365, represented the applicant Letter from Reverend Daniel N. Klein, Pastor of the Catholic Church of Saint Mark, in support of the application is hereby made a part of the record. Upon motion by Councilman Clyburn, seconded by Councilman Moss, City Council ADOPTED Ordinances upon application of HOLLOMON-BROWN FUNERAL HOME, INC. for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF HOLLOMON-BROWN FUNERAL HOME, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO 0-1 Z09931394 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AND, Ordinance upon application of Hollomon-Brown Funeral Home, Inc., for a Change of Zoning District Classification from R-5D Residential Duplex District to 0-1 Office District on the west side of Kempsville Road, 688 feet south of Canterford Lane. The proposed zoning classification change to 0-1 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential use at densities that are compatible with single-family use in accordance with other Plan policies. Said parcels are located at 1485 & 1493 Kempsville Road and contain 3.55 acres. KEMPSVILLE BOROUGH. ORDINANCE UPON APPLICATION OF HOLLOMON-BROWN FUNERAL HOME, INC. FOR A CONDITIONAL USE PERMIT FOR A FUNERAL HOME R09931845 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hollomon-Brown Funeral Home, Inc., for a Conditional Use Permit for a funeral home on the west side of Kemspville Road, 688 feet south of Centerford Lane. Said parcels are located at 1485 & 1493 Kempsville Road and contain 3.55 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: . 2. One main entrance at the median break shall be allowed. An additional entrance will be permitted as a service entrance only for the funeral home. This service entrance must be closed if this use ever changes. A 25-foot vegetated buffer comprised of existing trees and planted ones shall be maintained along the northern, western, and eastern sides of the property. September 28, 1993 - 32 - Item III-J.l.c. PUBLIC HEARING ITEM # 37258 (Continued) PLANNING 3. A 20-foot landscape buffer shall be established along Kempsville Road. 4. Every effort must be made to preserve and retain existing trees on the site. 5. A Stormwater Management Plan will be required during site plan review. 6. Interior lot lines shall be vacated. Z On site lighting shall be directed inward The applicant shall meet with Planning Department staff prior to the submittal of the site development plans to determine which trees can be incorporated into the site design without causing significant impacts to the concept plan and the level of canopy cover to be credited towards landscaping requirements. These Ordinances shall be effective in accordance with Section 107 (19 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -¢ighth of September. Nineteen Hundred and Nineff_ -Three. Voting: 10-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: None Councilman Jones ABSTAINED and DISCLOSED Pursuant to Section 2.1-639.14(E) Code of Virginia, he is President of Hollomon-Brown Funeral Homes, Inc. and receives an annual salary in excess of $10,000 from Hollomon-Brown Funeral Homes, Inc. Councilman Jones has an ownershtp interest in the corporation which exceeds 3% of its total equity and assumes liability on behalf of the corporation which exceeds 3% of its asset value. Councilman Jones' letter of September 28, 1993, is hereby made a part of the record. September 28, 1993 · r To be filed with Clerk if abstain from vote. Original abstention letter and copy of opinion letter dated September 28, 1993 Mrs. Ruth Hodges Smith -2- September 28, 1993 Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia . The City Attorney has advised me that I am required to disclose my personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act, and that I am disqualified from participating in this transaction. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Louis R. J Councilman LRJ/clb Enclosure LESLIEI LILLEY CIIY A[1ORNEY MUNICIPAl Ct NIE[~ VII~(;INIA Iq ACH VA 2~15G 9004 (801) 127 4q31 FAX (804) 426 5e87 September 28, 1993 Councilman Louis R. Jones Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilman Jones: I am writing in response to your request for an opinion regarding your abdity to participate in the Council consideration of the apphcations of Hollomon-Brown Funeral Home, Inc. for a change of zoning district classification from R-5D to O-1, and a conditional use permit for a funeral home on 3.55 acres of land on Kempsville Road. This matter is currently scheduled for Council consideration at its September 28, 1993, meeting. SUMMARY/CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you, I am of the opinion that you have a personal interest in the City Council's consideration of the applications of Hollomon-Brown Funeral Home, Inc. for a change of zoning district classifi- cation from R-5D to O-1, and a conditional use permit for a funeral home on 3.55 acres of land on Kempsville Road as a result of your personal interest ~n Hollomon-Brown Funeral Home, Inc. Therefore it is my opinion that you are disqualified from participating in this transaction of the City Council and you are required to disclose your personal interest to the City Clerk. For your information, I have set out the disclosure requirements of § 2.1-639.14(E) at the end of this letter. Councilman Louis R. Jones -3- September 28, 1993 Re: Conflict of Interests Opinion D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3% of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. A "personal interest in a transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions A. Personal Interest; A personal interest exists by reason of one of five specified categories, as noted above in the definition of "personal interest." Specifically, my review of those categories and the facts presented indicate that you have a personal interest in Hollomon-Brown Funeral Home, Inc. Your personal interest exists by virtue of the fact that you receive an annual salary from the corporation in excess of $10,000, you have an ownership interest exceeding 3% of the corporation's total equity, and you assume liability on behalf of the corporation exceeding 3% of its asset value. B. Personal Interest in the Transaction You have a "personal interest in a transaction" under the definition of § 2.1-639.2 by virtue of your personal interest in Hollomon-Brown Funeral Home, Inc. which is the subject of the transaction. III. Disclosure Requirements Based on the fact that the transaction has application solely to a business in which you have a personal interest, and it is reasonably foreseeable that you may realize a benefit or detriment as a result of City Council's consideration of the applications of Hollomon-Brown Funeral Home, Inc. for a change of zoning district classification from R-5D to O-1, and a Item III-J.l.d. PUBLIC HEARING ITEM # 37259 PLANNING Albert N. Jensen, 153 South Birdneck Road, Phone: 422-5485, the applicant Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of ALBERT N. JENSEN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ALBERT N. JENSEN FOR .4 CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR GARAGE AND BULK STORAGE YARD R09931846 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Albert N. Jensen for a Conditional Use Permit for an automotive repair garage and a bulk storage yard on property located 480feet west of South Birdneck Road, north of Beautiful Street. Said parcel is located at 1121 Jensen Drive and contains 21, 780 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: All repair work is to be conducted inside of the building. No outside storage of new or used automobile parts will be permitted. 2. Only those vehicles awaiting parts and/or service may be stored more than 30 days. Hours of operation for the body shop shall be limited to 7 a.m. till 9 p.m., Monday - Saturday. No Sunday operations will be allowed. 4. The towing service will operate 24 hours a day, 7 days a week. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September. Nineteen Hundred and Ninety-Three. September 28, 1993 - 34 - Item III-J.l.d. PUBLIC HEARING ITEM # 37259 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 Item III-J.l.e. PUBLIC HEARING ITEM # 37260 PLANNING Albert Cowan, Jr., 9117 Chesapeake Boulevard, Phone: 583-3690, represented Light of the Glorious Gospel of Christ Church, Phone: 583-3690 Upon motion by Councilman Brazier, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of ALBERT ,4. COWAN, JR, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ALBERT,4. COWAN, JRt, FOR ,4 CONDITIONAL USE PERMIT FOR ,4 CHURCH R09931847 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ,41bert `4. Cowan, Jr., for a Conditional Use Permit for a church at the northwest corner of South Plaza Trail and Waverly Drive. Said parcel is located at 305-C Waverly Drive and contains 528.57 square feet. LYNNHAI/EN BOROUGH. The following conditions shall be required: 1. This request is approved for a period of two years. 2. ,4 variance of 8 parking spaces from the Board of Zoning ,4ppeals is necessary. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. ,4dopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Nineteen Hundred and Ninety-Three. Voting: 11-0 Council Members Voting ,4ye: John ,4. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members ,4bsent: None September 28, 1993 - 36 - Item Ill-J.l.f PUBLIC HEARING ITEM # 37261 PLANNING Robert S. Miller, II, 5033 Rouse Drive, Phone; 490-9264, represented ,4T Associates, Phone: 490-9264 Upon motion by Councilman Brazier, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of,4. T. ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF `4. T. ASSOCIATES FOR ,4 CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SALES AND REPAIR SERVICE R09931848 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of,4. T. Associates for a Conditional Use Permit for automobile sales and repair service at the southwest intersection of Virginia Beach Boulevard and Mustang Trail. Said parcel is located at 2717 Virginia Beach Boulevard and contains 8.922 acres. L YNNHA VEN BOROUGH. The following condition shall be required: o All additions containing indoor public area or office space shall incorporate measures to achieve an outdoor to indoor noise level reduction of 25 decibels. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. ,4dopted by the Council of the City of Virginia Beach, Virginia, on the Twentv_ -¢ighth Of September. Nineteen Hundred and Ninety-Three. Voting: 11-0 Council Members Voting ,4ye: John `4. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Yoting Nay: None Council Members ,4bsent: None September 28, 1993 - 37 - Item III-J.l.tt. -- PUBLIC HEARING ITEM # 37262 PLANNING John Grimsley, 9073 Euclid Avenue, Manassas, Virginia, Phone: 368-3130, represented the applicant Robert C. Goodman, Jr., 8506 Ocean Front, Phone: 482-4487, represented TARMAC, and advised conditions satisfied OPPOSITION. Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of MERCHANT'S II, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MERCHANT'S II, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R09931849 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Merchant's II, Inc. for a Conditional Use Permit for an automobile repair establishment on the north side of Indian River Road, east of Kempsville road. Said parcel is located at 5226 Indian River Road and contains 5.95 acres. KEMSPVILLE BOROUGH. The following conditions shah be required: 1. All repair and service activities will be conducted inside the building. . The existing fence and landscaping shall be maintained by the applicant. As required with the August 4, 1986 approval, the fence has a minimum height of eight feet and contains styrofoam or other approved soundproofing material in the center. The smooth side of the fence faces the residential property. The applicant's buildings will contain no outside openings to the Southeast, the residential area, other than emergency exits which will be used only for emergency purposes. The only impact wrench which will be operated upon the property shall be the RRYU Model No. UW-12OE-2 with silencer or an equivalent impact wrench of equal or less noise level rating. 5. At the end of each day, all automobiles left on the site will be stored inside the buildings. 6. There shah be no outside storage of tire racks or other materials except within the dumpster enclosure. Illuminated signs shall only be lighted from within the sign. No direct lighting shall be directed towards the adjacent residential property other than normal street lighting such as mercury vapor lamps. Drainage shah be engineered to prevent it from flowing onto the residential property to the Southeast. At the time of detailed site plan submittal, plans shall show existing and proposed topographic elevations. Installation of drainage improvements is required prior to occupancy. The drainage design shall be satisfactory to Public Works Engineering. September 28, 1993 - 38 - Item llI-J.l.e. PUBLIC HEARING ITEM # 37262 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of September, Nineteen Hundred and Ninety-Three. 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, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne September 28, 1993 - 39 - Item III-J.l.h. PUBLIC HEARING ITEM # 37263 PLANNING A Motion was made by Councilman Clyburn, seconded by Councilman Brazier to DEFER the Ordinance upon application of MARY SPADY for a Conditional Change of Zoning District Classification. Upon SUBSTITUTE MOTION by Councilman Dean, seconded by Councilman Moss, City Council AGREED TO HEAR the Ordinance upon application of MARY SPADY for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF MARY SPADY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 to 0-1 Ordinance upon application of Mary Spady for a Conditional Change of Zoning District Classification from R-10 Residential District to 0-1 Office District at the southeast corner of Kempsville Road and Lobaugh Drive. The proposed zoning classification change to 0-1 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for suburban medium density residential land use at densities that are compatible with single family use in accordance with other plan policies. Said parcel is located at 844 Kernspville Road and contains 32,974.92 square feet. KEMPSVILLE BOROUGH. Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: James W.. Brazier, Jr., Robert W. Clyburn and Paul J. Lanteigne Council Members Absent: None September 28, 1993 Item III-J.l.h. PUBLIC HEARING ITEM # 37263 PLANNING Mary Spady, represented her application The following spoke in OPPOSITION: Michael Ash, 5149 Bellamy Manor Drive, Phone; 495-0307. Mr. Ash presented a petition in OPPOSITION containing 88 signatures. Said petition is hereby made a part of the record. George L. Poff, 5153 LoBaugh Drive, Phone: 495-1122 Upon motion by Councilman Clyburn, seconded by Councilman Dean, City Council DENIED an Ordinance upon application of MARY SPADY for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF MARY SPADY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-lO to 0-1 Ordinance upon application of Mary Spady for a Conditional Change of Zoning District Classification from R-lO Residential District to 0-1 Office District at the southeast corner of Kernpsville Road and Lobaugh Drive. The proposed zoning classification change to 0-1 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for suburban medium density residential land use at densities that are compatible with single family use in accordance with other plan policies. Said parcel is located at 844 Kernspville Road and contains 32,974.92 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy lC. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 - 41 - Item III-J. 1.i. PUBLIC HEARING ITEM # 37264 PLANNING Attorney John Richardson, Phone: 422-4700, represented the applicant Robert C. Goodman, Jr., 8506 Ocean Front, Phone: 482-4487, represented TARMAC, and advised conditions satisfied OPPOSITION. Upon motion by Councilman Brazier, seconded by Councilman Dean, City Council ADOPTED an Ordinance upon application of R. H. ROSE for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF R. H. ROSE FOR ,4 CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO 1-2 Z09931395 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. H. Rose for a Change of Zoning District Classification from 1-1 Light Industrial District to 1-2 Heavy Industrial Distinct on certain property located 1100 feet more or less southeast of the intersection of southern Boulevard and Sykes Avenue. The proposed zoning classification change to 1-2 is for industrial land use. The Comprehensive Plan recommends use of this parcel for industrial use in accordance with other Plan policies. Said parcel contains 3 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: Based upon the applicant's representations, the City Manager and Staff shall not issue any building or occupancy permits based upon the current approved site plan. The applicant shall submit a revised site plan which includes improvements as follows: A hard surfaced road, either concrete or asphalt, for ingress and egress to the applicant's facility. Such roadway shall be completed within 12 months of approval of the revised site plan. Installation of permanent toilet facilities on-site. Such facilities shall be completed within 6 months of approval of the revised site plan. Additionally, until the road and toilet facilities have been completed, the Staff shall not issue a permanent occupancy permit for the applicant's proposed facility, but may issue a temporary occupancy permit based upon a revised approved site plan. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~.-eighth of September, Nineteen Hundred and Nine~_ -Thr¢¢. September 28, 1993 Item III-J. 1.L PUBLIC HEARING ITEM # 37264 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 Item llI-J. 1._i. PUBLIC HEARING ITEM # 37265 PLANNING The following spoke in SUPPORT: Attorney Eddie Bourdon, Pembroke One, Fifth Floor, Phone; 499-8971, represented the applicant Ralph and Judy Mooney, 2849 Seaboard Road, Phone: 426-6854, spoke in SUPPORT of the application Pat Ingmire, 2933 Seaboard Road, Phone: 721-5549 The following spoke in OPPOSITION: Alfonso J. Strazzullo, 3120 Sand Pine Road, Phone: 481-0024 Charles Traub, III, 784 Glasgow Court, Phone: 340-9056 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 A motion was made by Councilman Dean, seconded by Councilman Moss to DENY the application of WILLIAMS HOLDING CORPORATION for a Variance to Sections 4.3(b) and 4.4(b) of the Subdivision Ordinance pertaining to lot width requirements and block length limitations. Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROI~D the application of WILLIAMS HOLDING CORPORATION for a Variance to Sections 4.3(b) and 4.4(b) of the Subdivision Ordinance pertaining to lot width requirements and block length limitations Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Williams Holding Corporation. Said property is located on the west side of Seaboard Road, north of Indian River Road. PRINCES ANNE BOROUGH. Voting: 7-4 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Louis 1~ Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K. Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None September 28, 1993 Item Ill-J.l.i. PUBLIC HEARING ITEM # 37266 PLANNING The following spoke in SUPPORT: Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the City of Virginia Beach Roger Newill, 1257 E. Bayshore Drive, represented RAAC. Ralph and Judy Mooney, 2849 Seaboard Road, Phone: 426-6854 Pat Ingmire, 2933 Seaboard Road, Phone: 721-5549 The following spoke in OPPOSITION: Alfonso J. Strazzullo, 3120 Sand Pine Road, Phone: 481-0024 Charles Traub, III, 784 Glasgow Court, Phone: 340-9056 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE R09931850 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for a golf course on certain property located on the southwest side of Seaboard Road beginning at a point 3500 feet more or less northwest of Princess Anne Road. Said parcel contains 328. 7 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: o A wetlands bench for the establishment of emergent wetlands vegetation shall be provided along the perimeter of on-site lakes wherever practicable. Shorelines shall be designed so that benched areas are winding rather than straight, thereby maximizing the length of the shoreline. Additionally, the sides of the pond shall slope as gradually as possible and benches shall be designed to maintain a normal pool depth of 1" to 6" above the bench. Areas to be benched and specific design criteria, including a detailed planting plan, shall be provided at the time of detailed site plan review. A comprehensive stormwater/lake management plan shall be submitted at detailed site plan review to assist in the evaluation of the proposal pursuant to Section 9 of the Southern Watersheds Management Ordinance. September 28, 1993 Item llI-J. 1._i. PUBLIC HEARING ITEM # 37266 (Continued) PLANNING b, Details regarding the proposed irrigation system shall be provided at the time of construction plan review. Such information shall include: The amount of water available for withdrawal from the dewatering of the Williams borrow pit if such water is to be used for site irrigation; a description of the method of withdrawal and any permitting requirements for the withdrawal and/or installation of withdrawal facilities; .d description of the long-term irrigation strategy for the site which addresses the method of irrigation if the dewatering runoff ceases, and a description of the impacts of stream withdrawals on the in-stream flows; .4 description of the distribution system to be utilized for the stormwater management~lake system including methods to be utilized for maintaining optimum water levels above wetland benches. The Virginia Department of Game and Inland Fisheries shall be consulted regarding wet pond design and compatibility with wildlife prior to the submission of detailed site plans. A monitoring and control program for common reedgrass shall be included as part of the applicant's Stormwater Management Plan. All areas of the site identified as 'farmed wetlands" shall be restored with native plant material and shall be retained in a natural state. `4t the time of detailed site plan review, details regarding the restoration of farmed wetlands on the site shall be included. The detailed site plans shall clearly identify areas of the site which are to remain undisturbed and shall include a description of tree protection measures to be utilized during site development. The clearing of trees and understory vegetation shall be limited to the amount necessary to accommodate desired course features. All of the wooded areas outside of hole #3, 84, and #5 shall remain undisturbed and shall be retained in a natural state. Site plan modifications shall be considered which restore critical edge habitat and provide additional water quality and wetland protection. The following are candidate areas for such restoration: the area East of hole #16 between the pond and existing tree line, a portion of the area between hole #14 and #15 extending North of the farmed wetlands, the area Southeast of hole #13 between the farmed wetlands and the tree line, the area of hole #11 Northwest of the green and fairway to the tree line, and the area between hole #3, #5 and g6. Buffer areas shall, wherever practicable, be a minimum of 100 feet in width where the slope adjacent to forested nontidal wetlands exceeds 6%. September 28, 1993 Item Ill-J. 1._i. PUBLIC HEARING ITEM # 37266 (Continued} PLANNING 10. 11. a~ A planting plan shall be provided for all buffer areas and critical edge habitat to be restored on-site. The plan, which must be included at the time of detailed site plan review, must identify areas which are to be planted with native material and those areas which will be restored by natural succession. The planting plan must also include a schedule for those areas of the site which are to be physically replanted. All buffer areas which are currently farmed shall be disced and planted with temporary vegetative cover, such as seasonal native grasses or other ground cover, prior to the commencement of any land disturbance associated with the course construction. Prior to the submittal of site development plans, the Virginia Department of Game and Inland Fisheries and Virginia Department of Conservation and Recreation, Division of Natural Heritage, shall be contacted regarding the existence of rare, endangered, and unique species on the site. Construction of the project shall be phased and major excavation conducted during the drier seasons of the year to the greatest extent possible. An Environmental Management Plan, including Integrated Pest Management procedures, shall be developed which clearly describes course operations relating to the application of fertilizers, pesticides, and herbicides. The Environmental Management Plan should emphasize a site specific and integrated approach to chemical use and pest control. The following shall be components of the plan: /1 description of spill prevention control and countermeasure procedures for areas used to store pesticides, herbicides, and fungicides. A description of appropriate handling and mixing procedures and the identification of the mixing area on the site development plan. The pesticide storage area must be separate from the maintenance building or have safeguards protecting employees from chemicals. Fertilizer selection based upon low leaching characteristics and soil testing schedules designed to determine the need for fertilization. Chemical selection for insect control based upon vegetative- cover density and vegetative type and the identification of "key Pests" prior to the use of control measures. Coordinated selection of chemicals, dosage, and treatment schedules in order to minimize hazards to non-target organisms and the surrounding ecosystems. September 28, 1993 - 47 - Item III-J.l.j. PUBLIC HEARING ITEM # 37266 (Continued) PLANNING ho Selection and utilization of pest and drought resistant vegetation, appropriate for golf courses within the Tidewater region, for maintained course areas such as fairways, tees, and greens with an emphasis on native vegetation. Application of chemicals at times and under weather conditions that are deemed optimal and when the potential for adverse impacts to the surrounding ecosystems and course patrons is minimized. Introduction and maintenance of natural enemies, and other biological controls, to control "key pests", when appropriate. The Environmental Management Plan must be submitted to the Planning Department for review prior to the commencement of grounds maintenance activities requiring the use of pesticides, herbicides, and/or fertilizers. Areas to be utilized for the storage and mixing of pesticides, herbicides, and fungicides must be clearly identified on the site development plans. 12. The Golf Course shall be maintained as a public-use Golf Course. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~. -eighth of September. Nineteen Hundred and Ninety-Three. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 Item III-J.l.lc PUBLIC HEARING ITEM it 37267 PLANNING Tony Sancilio, 780 Seahawk Circle, Phone: 430-4391, represented the applicant Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council APPROVED, subject to compliance BY APRIL 12, 1994, the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel Steingold for the discontinuance, closure and abandonment of the following streets: Wagner Street, First Street and Avenue E. Application of Lawrence A. Sancilio, Rachel V. Sancilio, Lena Sancilio, Maurice SteingoM, Lewis B. Steingold and Signet Bank/Virginia, Trustees under the Will of Israel Steingold for the discontinuance, closure and abandonment of the following streets: Wagner Street: Beginning at the southern boundary of Bonney Road and running in a southerly direction in a distance of 1096 feet more or less to the northern boundary of the Virginia Beach-Norfolk Expressway. First Street: Beginning at the western boundary of Avenue E and running in a westerly direction a distance of 349. 78 feet. Avenue E: The western 25.01 feet, beginning at a point 200 feet south of First Street and running in a southerly direction a distance of 214.67 feet to the northern boundary of the Virginia Beach-Norfolk Expressway. L YNNHA VEN BOROUGH. The following conditions shall be required: The City Attorney's office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. The 8" water line stub located along Wagner Street must be field located by the applicant. The survey information must be submitted to the Department of Public Utilities. If located within the portion of Wagner Street to be closed, a 15' wide utility easement must be dedicated. If a utility easement is required, a new ordinance closing the street with a save and except clause for this easement must be submitted to the City Attorney's Office. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels, as well as, to ensure that all lots have access to a public street. All internal lot lines may be vacated as required with the conditional use permit, on this resubdivision plat. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council (April 12, 1994). September 28, 1993 Item llI-J.l.k. PUBLIC HEARING ITEM # 37267 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert I~ Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: None Councilman Jones ABSTAINED as he owns adjacent property. September 28, 1993 - 50 - Item III-J.l.l. PUBLIC HEARING ITEM # 37268 PI. atNNING Tony Sancilio, 780 Seahawk Circle, Phone: 430-4391, represented the applicant Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council ADOPTED the Ordinance upon application of LAWRENCE ,4. SANCILIO, LEN,4 SANCILIO, GEORGE M. SULLIV~ EST,4TE, MAURICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR EST,4TE OF ISRAEL STEINGOLD for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF LAWRENCE A. SANCILIO, LENA SANCILIO, GEORGE M. SULLIVAN ESTATE, MA URICE STEINGOLD AND LEWIS B. 5~EINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO 0-1 Z09931396 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lawrence A. Sancilio, Lena Sancilio, George M. Sullivan Estate, Maurice Steingold and Lewis B. Steingold, Trustee for Estate of Israel SteingoM for a Change of Zoning District Classification from B-2 Community Business District to 0-1 Office District on the west side of E Avenue, 280 feet more or less south of Bonney Road. The proposed zoning classification to 0-1 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for office uses in accordance with other plan policies. Said parcel contains 9.47 acres. LYNNHAVEN & KEMPSVILLE BOROUGHS. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -eighth of September. Nineteen Hundred and Ninety-Three. Voting: 10-0 Council Members Voting .dye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Abstaining: Louis R~ Jones Council Members Absent: None Councilman Jones ABSTAINED as he owns adjacent property. September 28, 1993 - 51 - Item llI-J.l.m. PUBLIC HEARING ITEM # 37269 PLANNING Tony Sancilio, 780 Seahawk Circle, Phone: 430-4391, represented the applicant Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of LAWRENCE A. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LAWRENCE A. SANCILIO, LENA S,4NCILIO, MA URICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD FOR A CONDITIONAL USE PERMIT FOR A MAUSOLEUM/CEMETERY R09931851 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lawrence A. Sancilio, Lena Sancilio, Maurice SteingoM and Lewis B. Steingold, Trustee for Estate of Israel SteingoM for a Conditional Use Permit for a mausoleum/cemetery on the west side ofE Avenue, 280 feet more or less south of Bonney Road. Said parcel contains 9.47 acres. L YNNHA VEN & KEMPSVILLE BOROUGHS. The following conditions shall be required: le 2. All internal lot lines must be vacated prior to any development on the site. The applicant must strive to retain as many trees on the site as possible. Prior to development on the site, the applicant must submit to the Planning Department a tree protection plan which identifies all trees to be protected. The protection method must be identified on the plan as well. If the project is done in a phased manner, tree protection plans, for the specific area being developed, should be submitted each time development plans are submitted for approval. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -eighth of September, Nineteen Hundred and Ninety-Three. September 28, 1993 Item llI-J.l.m. PUBLIC HEARING ITEM # 37269 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: None Councilman Jones ABSTAINED as he owns adjacent property. September 28, 1993 NEW BUSINESS ITEM # 37270 The following spoke in OPPOSITION: Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the Tidewater Builders Association. Comments of the TBA are hereby made a part of the record. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Mayor Oberndorf advised Sheila Garrison of the TBA requested the City Council take a position concerning: Hampton Roads Planning District Commission's 1994 Legislative Package re Virginia Code Section 15.1-491 and local zoning ordinances relating to Impact Fees and adequate public facilities (public infrastructure necessitated by development). (Sponsored by Mayor Meyera E. Oberndorf) The TBA did not support this legislation. This item was be SCHEDULED for further discussion during the October 5, 1993 City Council Work Session. September 28, 1993 Item III-L. 2. NEW BUSINESS ITEM # 37271 City Council SCHEDULED for discussion at the October 5, 1993, City Council Work Session: Feasibility of using General Obligation Bonds to finance the Virginia Marine Science Museum expansion. (Sponsored by Vice Mayor William D. Sessoms, Jr.) September 28, 1993 - 55 - Item III-L.3. NEW BUSINESS ITEM # 37272 City Council SCHEDULED for discussion at the October 5, 1993, City Council Work Session: City of Virginia Beach Council Chamber Improvements. (Sponsored by Councilmen Louis R. Jones and John D. Moss) September 28, 1993 NEW BUSINESS ITEM # 37273 City Council SCHEDULED for discussion at the October 5, 1993, City Council Work Session: Amphitheater - Buffington Property. (Sponsored by Councilman John D. Moss) Councilman Moss requested V'erbatims be prepared relative this item, as he believed the Burlington Property was deleted from consideration as a possible location for the Amphitheater. September 28, 1993 - 57 - NEW BUSINESS ITEM # 37274 Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City Council ADOPTED: Resolution directing the City Manager to have the preliminary study for the I~trginia Beach Juvenile Detention Center conducted by City Staff in the FY 1994-99 CIP. (Sponsored by Councilman Paul J. Lanteigne) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None September 28, 1993 Requested by Councilmember Paul J. Lanteigne 10 11 12 13 14 15 16 A RESOLUTION DIRECTING THE CITY MANAGER TO HAVE THE PRELIMINARY STUDY FOR PROJECT NO. 3-024 IN THE FY 1994-99 C.I.P. (VIRGINIA BEACH JUVENILE DETENTION CENTER) CONDUCTED BY CITY STAFF WHEREAS, the FY 1994-99 Capital Improvement Program includes Project No. 3-024 which involves the construction of a forty (40) bed juvenile detention facility in the City of Virginia Beach; WHEREAS, the total budgetary cost estimate for the project includes $126,000 for a preliminary study to be conducted between January and September of 1994; and WHEREAS, City Council is of the opinion that members of City staff possess the expertise necessary to conduct the preliminary study in-house without having to resort to an outside firm or consultant. 17 18 19 20 21 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed to have the preliminary study for Project No. 3-024 in the FY 1994-99 C.I.P. (Virginia Beach Juvenile Detention Center) conducted by City staff. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of September , 1993. 24 25 26 27 CA-5298 ORDIN\NONCODE\DETENTION. RES R-1 PREPARED: September 22, 1993 Item III-L. 6. NEW BUSINESS ITEM # 37275 ADD-ON Council lazdy Parker referenced the correspondence from Jacob Thompson, President of the Shoreham Square Condominium Association concerning Bogie Dog Inc, who in 1989, petitioned the Circuit Court of Virginia Beach to over turn a decision of the Board of Zoning Appeals to deny a variance for parking at the 19th & Cypress location. Judge Spain granted the variance. On August 28, 1989, City Council ADOPTED a Resolution to have the Board of Zoning Appeals appeal the decision of the Circuit Court to the Supreme Court of Virginia and directed in the event such appeal was taken, that the City Attorney was authorized and directed to represent the Board in such proceedings. On September 1, 1993, Bogie Dog, Inc. under new ownership, again applied for a variance to eliminate the seven (7) stacked employee parking spaces in order to build an outdoor cafe style declc The Board of Zoning Appeals granted the Variance. The Condominium Association is requesting the City Council ADOPT a Resolution to petition the Circuit Court to overturn the decision of the Board of Zoning Appeals and deny the variance request of Bogie Dog, Inc. Mayor Oberndorf advised the City Attorney has corresponded with Mr. Thompson. The City Attorney advised in these particular instances the City Attorney's Office represents the Zoning Administrator. The Shoreham Square Condominium Association did have an attorney who represented their interest to oppose the application. Council Lady Parker referenced outdoor decks adjacent to residential neighborhoods need to be addressed. City Council SCHEDULED for discussion at the October 5, 1993, City Council Work Session A Memorandum of Understanding relative this issue will be DRAFTED for presentation to City Council September 28, 1993 - 59 - NEW BUSINESS ITEM # 37276 ADD -ON Councilman Dean requested, on behalf of the Virginia Beach Clean Community Commission and Chairmen of the Civic Organizations, who are responsible for the Adopt-A-Highway and Adopt-A-Spot Programs throughout the City, the City Manager be directed to contact the Zoning Administrator to enforce the removal of political signs in public right-of-ways. Councilman Branch advised 149 signs were removed yesterday, September 27, 1993. September 28, 1993 Item III-M. ADJOURNMENT ITEM # 37230 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED at 11:26 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 28, 1993