The URL can be used to link to this page

Home My WebLink AboutAPRIL 11, 1995 MINUTES (2) City c:>f Virgi:r-1ia. Bea.ch "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNOORF, At-Larg, VICE MAYOR WILUAM D. SESSOMS, jR., At-Larg, JOHN A. BAUM, Blackwat" &rmugh LINWOOD O. BRANCH Ill, Virginia Beach &rough ROBERT K. DEAN, Princess Anne &rough W. W. HARRISON, JR., Lynnhaven &rough HAROLD HEISCHOBER, At-Larg, BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bay,;d< Borough NANCY K. PARKER, At-Larg, LOUISA M. STRAYHORN, K,mpmll, Borough JAMES K. SPORE, City Manag" LESUE L. ULLEY, City Attorn,y RUTH HODGES SMITH, CMC / ME, City Cl<rk CITY COUNCIL AGENDA 281 CITY HALL BUlWING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 (804) 427-4303 April 11, 1995 1. WORKSHOP - Conference Room - 9:00 AM A. FY 1995-1996 OPERATING BUDGET and FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM E. Dean Block, Director, Management and Budget II. AGENDA REVIEW SESSION - Conference Room - 12: NOON A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER- Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend George Sweet Atlantic Shores Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS April 4, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. PRESENTATION 1. VIRGINIA BEACH LOCALITY COMMUNI-LICENSE PLATE Robert R. Matthias, Assistant City Manager Mac Rawls, Director, Virginia Marine Science Museum I. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. J. ORDINANCES 1. Ordinance to AMEND and REORDAIN Sections 21-421, 21-422, 21-425, 21-426 and 21-429 and DELETE Section 21-424 of the Code of the City of Virginia Beach re tow truck service and enforcement. 2. Ordinance to authorize the City Manager to execute an Agreement between the Virginia Department of Transportation (VDOT) and the City of Virginia Beach re development and administration of Independence Boulevard Phase IV-C (CIP 2- 219) . 3. Ordinance to authorize the City Manager to execute a Lease with Beach Quarters Inn, L.C., re use of an approximately twenty-two-foot (22') strip of that part of Atlantic Avenue abutting the West side of the Beach Quarters Inn. 4. Ordinance to APPROPRIATE $129,086 additional revenue from the Virginia Department of Corrections to the Sheriff's Office Division of the Community Corrections Budget re support of the Community Diversion Initiative Program. 5. Ordinance to APPROPRIATE the $31,850 Grant from NationsBank to the Parks and Recreation Special Revenue Fund for organizing and planning the After-School Programs at four (4) additional Middle Schools. 6. Ordinance to APPROPRIATE $9,070 additional revenue from the State Two-for-Life Fund in the FY 1994-1995 Operating Budget to the Emergency Medical Services (EMS) Department re purchase of a defibrillator and data processing equipment. 7. Ordinance to authorize the City Manager to TRANSFER $802 from the General Fund Reserve for Contingencies to the Department of Mental Health's FY 1994-1995 Operating Budget re reimbursement to two City employees for legal fees and expenses incurred in their defense of charges arising from the performance of their official duties. K. RESOLUTION 1. Resolution to approve issuance of Industrial Revenue Bonds by the Virginia Beach Development Authority, not to exceed $3,000,000, for a 33,570 square-foot office/warehouse in behalf of Al-Anon Family Group Headquarters, Inc. at the Southeast corner of Dam Neck Road and Corporate Landing Industrial Park (PRINCESS ANNE BOROUGH). L. PUBLIC HEARING - PLANNING 3:00 PM 1 . PLANNING BY CONSENT - To be determined during the Agenda Review Session 2. Application of ERNESTO ANDRADA, JR. and FIRST FILIPINO BAPTIST CHURCH for a Conditional Use pp.rmi~ for a ohurch expansion on the South side of Holland Road, West of Monet Drive (2969 Holland Road), containing 2.215 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 3. Application of KLINE PROPERTIES, a Virginia General Partnership, for a Conditional Use Permit for a bulk storage vard (autos only) at the Southeast intersection of Mustang Trail and Lynnhaven Parkway (222 Mustang Trail), containing 1.1 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 4. Application of CONTEL CELLULAR, INC. for a Conditional Us~ Permi t for a communications tower at the Southwest corner of First Colonial Road and the Norfolk-Virginia Beach Expressway (409 First Colonial Road), containing 4.1896 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 5. Application of R. K. BUICK, INC. for a Conditional Use Permit for automobile storage at the Southeast corner of Virginia Beach Boulevard and Lynnhaven Parkway (2661 Virginia Beach Boulevard), containing 29,403 square feet (LYNNHAVEN BOROUGH) . Recommendation: APPROVAL 6. Applications of CH&B ASSOCIATES, THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 AND THOMAS C. and ELAINE M. KYRUS on Holland Road at the intersection of Windsor Oaks Boulevard (KEMPSVILLE BOROUGH): a. Condi tional Change of Zonin~ from A-12 Apartment District to Conditional B-2 Community Business District containing 27.9 acres; b. Conditional Chanae of Zonina from B-2 Communi tv Business - - - District to Conditional B-2 Community Businp.ss Distric~, containing 4.1 acres; c. Condi tional Chanae of Zoning. from R-7. 5 Residp.ntial District to Conditional B-2 Communi tv Business Distric~, containing 9.7 acres; AND, d. Conditional Use Permit containing 3.5 acres. for automobile rp.Dair, Recommendation: APPROVE ALL APPLICATIONS 7. Ordinances to AMEND and REORDAIN the City Zoning Ordinance: a. Sections 111, 203, 901, 1521(c) and ADD Section 233.3 re use regulations for Flea Markets. b. Sections 233.1, 1501, 1511 and 1521 re certain eating and drinking establishments at the Oceanfront. Recommendation: APPROVAL M. APPOINTMENTS SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER REGIONAL GROUP HOME COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS 1. CITY COUNCIL-SPONSORED ITEM: a. Ordinance to AMEND and REORDAIN Chapter 6 of the Code of the City of Virginia Beach by ADDING a new Section 6-16.1 re establishment of a recreational swimming area and AMENDING Section 6-120.1 re personal watercraft. (Sponsored by Councilman W. W. Harrison, Jr.) P. ADJOURNMENT * * * * * * * * * * * * * * * * * * * * SPECIAL SESSION CITY COUNCIL CHAMBER Tuesday, April 18, 1995 5:30 PM Legal Matter * * * * * * * * * * B"..""./C.I.P. REVIEW SCHEDULE PUBLIC HEARING Tuesday April 18 7:30 PM Council Chamber PUBLIC HEARING Thursday April 20 7 PM Larkspur Middle School WORKSHOP Tuesday April 25 2 PM - 4 PM Council Conference Room PUBLIC HEARING Tuesday May 02 3 PM Council Chamber FINAL WORKSHOP Thursday May 04 9 AM -11 AM Council Conference Room BUDGET/C 1 P Tuesday May 09 2 PM Council Chamber ADOPTION * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 03j07/95CMD AGENDA\04-1l-95.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 11, 1995 Mayor Meyera E. Oberndorf called to order the WORKSHOP - FY 1995-1996 OPERATING BUDGET and FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, April 11, 1995, at 10:00 A.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, William w: Harrison, Jr., Barbara M. Henley, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: Robert K Dean [DISNEY WORLD VACATION] Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:20 A.M.] Louisa M Strayhorn [ENTERED: 9:35 A.M.] -2- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM 9:00 A.M. ITEM # 39024 E. Dean Block, Director - Management and Budget, introduced the representatives of the Agencies for short review relative the FY 1995-1996 Operating Budget and FY 1995/1996 - 2000/2001 Capital Improvement Program. Mrs. Mary Russo, Coordinator - Volunteer Counci~ expressed appreciation to the City Council for their support. Mrs. Russo recognized her Co-Chair, Diane Roche, and Ruth Hodges Smith - Finance Chairman, as being a vital part of the Volunteer program for many years. Council Lady Parker referenced the Volunteer Council Operating Budget - Fiscal Year 1995-96 the wording: "Because of this significant contribution, the per capita recognition of the volunteers will be increased from $4.00 to $5.00." Concerning the meaning of this statement, Mrs. Smith advised over 7,000 volunteers last year volunteered an equal value of approximately $l1-MILLION. The $5.00 is the recognition the City gives to the Volunteer, not what they bring to the City. This is the quality of the recognition. It is a "token" of recognition. This particular budget unit has been recommended for a modest increase (Recommended $27,565). Relative the Arts and Humanities Commission, included in this budget is $5,000 to hold a symposium on alternative fund raising to assist interested cultural organizations with the development of supplementary funding sources. Dr. Marlene Hagar, General Registrar, was in attendance to address the Budget of the General Registrar. Several issues are causing a sharp increase in the demands placed upon the Office of the General Registrar. For example, there has been a sizeable increase in the number of registered voters in Virginia Beach over the past several years. Off-year elections, which use to experience a turnout of under 40,000 voters, are now experiencing a turnout of over 40,000 voters, generating the need for new voter precincts and election officials to staff the polls. Concerning the National Voter Registration Act, the proposed budget includes $30,000 to address this unfunded federal mandate. This level of funding may be insufficient to fully meet the scope of the mandate; however, this will not be known for several months. There are five bills in Congress to repeal the National Voter Registration Act. Dr. Hagar advised the Governor has vetoed the National Voter Registration Act. New precincts are planned to be open before the Presidential Election. Relative the Community Organization Incentive Grants (COIG), the City recognized that nonprofit organizations fill an important role in the community by providing a spectrum of services which leverage additional community resources and which compliment City services. The COIG program provides a means of awarding monetary grants to qualified nonprofit organizations through a competitive application process. Mayor Oberndorf expressed appreciation to Priscilla M Beede, Chair. Mrs. Beede advised the COIG Review and Allocation Committee is still evaluating the applications and interviews will commence this evening, with subsequent interviews next Thursday and the following Tuesday. Mr. Block advised the proposed funding for the Public Information Office is 5.6% greater than the adjusted FY 1994-95 Operating Budget funding and includes an increase of .25 FTE, which will ensure stability in the delivery of prompt customer service, and additional funds for printing and distributing a new Citizen Services Directory. Relative consolidation of services with the School's Public Information Office, Pamela Lingle - Director of Public Information, advised the City and School Departments have met, will participate in joint public relations training, a joint mailing will be conducted, mailing lists have been shared, two pages of the Beach Advisory are devoted to School system information and City information has been provided to the Schools for their publication. The City and Schools have two separate boards and two separate missions. The 5.6% increase in the Budget of Public Information is basically for the Citizen Services Directory. 30,000 copies were published. Information will be provided relative consolidating the services of the Department of Public Information for City and Schools to reduce the budget from $1.398-MILLION. 90% of the cost of The Beam, 70% of The Beach Advisory and one- third of the Citizen Services Directory are paid through advertising. April 11, 1995 -3- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39024 (Continued) The Director of Finance oversees the functions of Administration, Comptroller, Payroll, Purchasing and Independent Financial Services to ensure direction, planning and coordination for these services. The Finance Director is also responsible for the oversight of the City ~ Risk Management Division. The budget has increased 1.2%. During the year a new risk management information system will be developed in conjunction with the Department of Information Technology, the Schools Risk Management Division and major user departments. Patricia Phillips, Director of Finance, advised relative the increase in cost to process payroll and the total cost to process deposits and remittances, this amount should be decreased by the end of the year through process changes. Court Orders regarding child support have increased drastically. Retirement Counseling has tippled due to the aging work force. Usually there are three meetings to process a retiree, whether disability or normal retirement; however, a committee has been formed to investigate the issue of disability retirements. Over the last five years, there have been 14 positions removed from the department. Mr. Block advised the City is involved with the International City Manager's Association in a program with large Cities to develop standards for performance measures in key areas that can be utilized throughout the country for comparison. The Staff hours per bid noted on page 8-6 increasing from 51 to 55 is a typographical error. This was utilized to demonstrate percent of staff hours devoted to smaller value items has gone from 54 to 45% and the percent of staff time spent on higher value items has actually increased from 45 to 55%. Efforts have switched from the lower value items to the higher value items. The proposed funding for the Department of Human Resources is 1.9% greater than the adjusted FY 1994-95 Operating Budget funding. The department's new initiatives include: the new Job Rotation Program, the Peer Recognition Program, the Long-Term Disability and Supplement Life Insurance, and the Central Safety and Health Committee. Additionally the department has formed city-wide committees for standardizing safety personal protective gear, traffic control, and compliance with new VDOT drug testing procedures. These drug testing procedures are a very involved process. Drug testing will have to be conducted on approximately 1,000 employees. The Department is working in conjunction with a contract which encompasses the additional $20,000 included in the budget. This testing involves the driver of any commercial vehicle over a certain weight. The Community Diversion Initiative is a program which operates on a reimbursement grant from the State Department of Criminal Justice Services. Funds are provided based upon the estimated number of felons and misdeameanants to be accepted into the program. This grant provides for the diversion, based on the court~ recommendation, of approximately 682 individuals who otherwise would have been assigned to the Virginia Beach Correctional Center annually. These individuals are diverted to specialized programs which provide skills training, work opportunities, drug intervention, and counseling. The program's caseworkers screen individuals recommended by the courts for inclusion in the program and arrange a contract between the courts and the person outlining the conditions under which the inmate will be included in the program. The caseworkers then monitor the inmates fulfillment of the terms of the agreement. Bessie Bell, Director, advised relative 26% of felons successfully released from the program, and the 455 misdemeanants successfully released from the program, approximately 30% go back into the program. Regarding the Video Services budget, production priorities will continue to reflect the policy targets, including Lake Gaston, the Virginia Marine Science Museum expansion, and Economic and Convention and Visitor Development, of the City Council and School Board. Also citizen participation in government will be expanded through enhanced public forum productions and the operation of the "In Touch with Virignia Beach'~ an interactive information system. Ninety-one processes have been improved over the last three years. Addressing an ADA mandate, closed -captioning of programs will be provided on an upon request basis. The budget has increased by $460. Mr. Block will research and advise the savings realized since the City and Schools consolidated their respective video services programs. Mr. Block will provide information relative calls received about Cox Cable during the last two months. April 11, 1995 ~4- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39024 (Continued) Regarding the Non -Departmental category encompassing Employee Special Benefits Program, Revenue Reimbursements, Regional Participation and Benefits Administration, Mr. Block advised the tuition reimbursement rate is approximately 70%. There have been only two cases where a City employee received his degree through tuition reimbursement, and then left the City within five years, A Survey of Tuition Reimbursement Programs for Selected Localities will be provided to City Council. Information relative the impact on the Operation Budget, if the requirements for the elderly to receive real estate tax exemptions were increased from $70,000 to $150,000, will be provided. The Regional Participation Program provides the funding mechanism for the local allocation for participation in regional programs and institutions. The recommended allocation for the Medical College of Hampton Roads is $431,600. The proportional shares of the regional localities in funding various agencies listed under "Regional Participation" and the proposed percentage increases in administrative costs and salaries for these agencies will be provided. The City's Compensation Plan will be presented during the City Council Session of April 25, 1995. The pay system does not have to be ADOPTED May 9, 1995. The Budget simply states there is 3% of payroll available for paying additional increases in compensation. However, there are differences in how that is distributed between City and School employees. Management Services is 1.0% greater than the adjusted FY 1994-95 Operating Budget Funding and this level will maintain current services and the expanded activities associated with coordinating the objectives and performance indicators. The FY 1995-96 recommended budget for Public Health includes full funding for the State cooperative budget for which the funding ratio is 55% State and 45% City. The local match included in the FY 1995- 96 Operating Budget is based on the state allocation of $2, 048, 622 which would require a City match of $1,676,145. Among other services and programs, the cooperative budget provides for the department's administration, vital records keeping, environmental health services, health information and promotion, maternal and child clinics, including immunizations for children, and communicable disease clinics. In addition to providing match funding for the co-operative budget, the City provides direct funding for certain public health programs. The City provides unmatched local funding for a dental program which provides emergency dental services to adults and children. Relative the Social Services Department, the Director of Social Services, Daniel Stone, is also Chair of the Comprehensive Services. Of the total amount of funding appropriated for the Department of Social Services, 75% is supported by federal state, grant and fee revenue. The General Assembly enacted legislation which provides for several changes in the welfare policy. However, the impact of the changes cannot be determined until after the state develops an implementation plan and the federal waivers are approved. Therefore, FY 1995-96 funding does not include any changes which may result from welfare reform legislation. The FY 1995-96 recommended Operating Budget continues to provide funding for Project ADAPT which is a program initiated by the State Department of Social Services to increase the efficiency of Financial Services programs through automation. A total of $249,809, of which $203,283 is supported by state and federal funding, and 4.2 temporary positions are provided to purchase the equipment and to provide for the conversion to the new system by July 1996. ADAPT is designed to create efficiencies in Public Financial Assistance cases by streamlining and simplifying the process so that one eligibility worker can determine eligibility for several different programs. Since the State has not provided additional Child Protective Service Workers, City funding is included in FY 1995-96 for an additional social worker position to respond to the increased demand on the staff in the Child Protective Services Unit. The position is 100% City funded. Randy Thompson, representing, Social Services advised yearly there are 3,600 children who have to be investigated for child abuse. Ifwarranted, once the children are investigated, they go into a treatment program. Technically, workers should not investigate more than 12 cases per month. However, the City's investigators are handling approximately 15 per month. The department requested 3.75 additional social workers to assist in conducting field and court work for child abuse investigations in order to increase the number of child abuse cases disposed within State time frames. April 11, 1995 -5- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39024 (Continued) Relative the welfare policy, Randy advised basically there are some regulations effective July First, some October First, and a number dependent upon waivers from the Federal Government. $10-MILLION has been appropriated at the State level. Concerning the Police Department, the proposed funding for the Police Department is 2.4% over the adjusted FY 1995-96 Operating Budget funding level, due primarily to the addition of 21 additional positions: 17 officers (partially funded by a Federal community policing grant) as well as the addition of two detective positions and two forensic technicians to address the growing workload both with adult crimes and juvenile crimes. Their mission will be to compliment the efforts of the eight community policing teams assigned to specific communities. Funding for the first year of the City s required match is provided in the FY 1995-96 Proposed Operating Budget. The Police Department operates the Citys Communications Center. This Center handles all incoming E911 calls, as well as incoming non- emergency public safety calls, animal control calls, and calls for various departments after regular business hours. In addition to these services, the center also handles the dispatching of calls for all agencies. The total number of telephone calls handled by the Communications Center during 1994 was 916,894. Of these, 22% originated on a E911 telephone line. The others related to non-emergency calls. Chief Charles Wall advised to continue the existing program and to add additional neighborhoods, the Police Department has identified a two prong approach to the use of the additional 17 officers to be provided by a Federal Policing Grant (COPS Ahead). All 17 officers would be assigned to the Beach Borough from April through September to implement special community policing programs, however during the school year 10 officers will have an ancillary assignment as school resource officers in the ten senior high schools within the City. One of the major requests submitted, but not included in the recommendation was the request for 48 additional police officers and 8 sergeants to address the growing youth crime problem, assist schools in assuming a safe learning environment, reducing response times in the face of increasing demands, and to augment staffing at the Oceanfront during the summer months ($3.091,591). Chief Wall advised there is also interventions by other City agencies into neighborhoods through the Community Action Resource Empowerment Committee (CARE) to facilitate a rapid service delivery to families based on identified needs or problems. These can include improvements to housing, counseling, specialized assistance, and programs to develop a sense of community within the neighborhoods. In addition, the Police Department has instituted school liaison programs, which work with school officials in dealing with known problems. The outcome of this working relationship has been, truancy programs which have significantly reduced property crimes and programs which address school related violence. A meeting has been scheduled for April 25, 1995, with Housing and Neighborhood Preservation relative CARE. Chief Wall advised the police have been very active relative CARE. Chief Wall furnish a breakdown of the statistics relative grand versus petty larceny. Reserves in the amount of $936,559 would encompass salary adjustments other than the General fund and the Citys share of the grant match. The cost to the City per police officer, assuming grant funds are not involved, would encompass approximately $50.000 which would include benefits. The reason for the Police Department's Capital Outlay decrease by 16% in the proposed budget will be provided, as well as a breakdown relative the increase in Internal Services. April 11, 1995 -6- SUMER EVENTS PROGRAM 12:10 P.M. ITEM # 39025 Bill Reid, President - Cellar Door, advised the two main goals of the Summer Events Program were "heads and beds" and educate as well as entertain residents and their guests. There are three ways by which one tries to examine programming during the course of the entire year: build upon existing programs, continue the participatory sports program and establish new programs. There will be a kite festival in March. The American Music Festival will be extended to seven days with the first day, Tuesday (prior to Labor Day), being devoted to a golf tournament and the Festival beginning on Wednesday. Mr. Reid advised the artists who have confirmed as entertainers in the American Music Festival are: Wilson Pickett, America, Three Dog Night, Sawyer Brown, the OJ's, The Band/The Band, the Kingsmen, Rare Earth and Leon Russell. Under the major entertainment program, seventeen (17) new programs have been established which translates into 35 new days of entertainment at the Beach. The total number of major event programs is 69. Under the general entertainment heading at Twenty-fourth Street, Seventeenth Street Stage and Boardwalk Entertainment, new concepts have been developed. Surround Sound has been developed for the 24th Street Stage, as well as a new video system, which will allow children's movies to be seen in the daylight. In addition, Shakespearean plays have been added. On both 24th and 17th Street stages, 128 acts have been booked between the months of May and September. In addition, there are twenty-six plays, nineteen movies and ten puppet shows. The total of general entertainment events is 183 during the course of the season. When you combine the number of major events and the number of general entertainment events, there are 252 events at the beach. Sponsorship levels have exceeded those of last year. The first major event scheduled is the Easter Weekend Celebration, which is the City's first major event. A bonnet parade will be SCHEDULED with an Easter Bunny, clowns, pony rides; et cetera, in the afternoon. On Easter Day, there will be an easter egg hunt, a Spectrum puppet show, fairy tale characters including Aladdin, a Skate show and musical entertainment. The Eastern Surfing Association will grow into a major event during the course of years. The Virginia Symphony on Memorial Day Weekend will be the kickoff event of the Pungo Strawberry Festival. The Viva Elvis Festival begins on Thursday through the next Wednesday. An Afro-American Elvis, a Mexican Elvis, Magic Elvis and Karoke Elvis has been booked, as well as a Flock of Elvi. There will be two Elvis cookbooks sold, one of which is entitled ''Are you Hungry Tonight". Mr. Reid displayed an enlarged check in the amount of $1-MILLION to Elvis Aaron Presley, if he appears at the Viva Elvis Festival. Lloyds of London has insured this amount. This $1-MILLION must be given to the charity of Elvis's choice and the real Elvis must be verified by finger prints. The North American Fireworks Competition has been moved to June. The fireworks have been incorporated with the Boardwalk Art Show to create a ten -day show. A youth art show will be held the Sunday after the fireworks. Mr. Reid advised, in coordination with Dr. Wright, a Surf Fishing Tournament has been arranged. In the Fall, the African American Festival, PRIDE, has been scheduled in conjunction with the Blues Festival. In late October, Cellar Door is in the process of booking entertainers for a New Age Jazz Festival. To celebrate the Fiftieth Anniversary of the culmination of World War II, a film festival has been scheduled for Veterans Day. The Tommy Dorsey Orchestra will be playing in a hanger at Oceana to recreate a USO Celebration. Mr. Reid is in communication with Martha Mitchell, who is endeavoring to bring recognized stars to elaborate on the films in the World War II era. A Band has been booked in conjunction with the Shriners for Oyster Bowl Weekend. An Oyster Bowl Ball will be held on Saturday night. There will be a New Year's Eve Celebration with a tent on the 24th Street Stage and a Beach Ball will descend at 12:00 MIDNIGHT i.e. the Time Square "Big Apple". The Dolphin has been established as a mascot character. Cellar Door is negotiating with Spectrum Puppets to make this character. This character would serve as a roving ambassador to fill in the gaps where entertainment is not available. There will be a total of 15 plays encompassing the Shakespeare By the Sea series. The Hurrah Players will present two of their plays i.e. "Broadway At the Beach". Mr. Reid will again present information relative The Viva Elvis Festival during the Formal Session. April 11, 1995 - 7- AGENDA REVIEW SESSION 12:39 P.M. ITEM # 39026 Councilman Branch inquired concerning changes proposed during the 1995 General Assembly Session re: Ordinance to AMEND and REORDAlN Sections 21-421, 21-422, 21-425, 21-426 and 21-429 and DELETE Section 21-424 of the Code of the City of Virginia Beach re tow truck service and enforcement. (J-l.) If the legislation changes in the General Assembly, this Ordinance will need to be further AMENDED by City Council. ITEM # 39027 Councilman Heischober referenced: Ordinance to authorize the City Manager to execute an Agreement between the Virginia Department of Transportation (VDOT) and the City of Virginia Beach re development and administration of Independence Boulevard Phase W-C (CIP 2-219). (J-2.) The City Manager advised at the corner of Independence Boulevard and Witchduck Road, there will be a left turn signal. ITEM # 39028 Pertaining to the Ordinance to authorize the City Manager to execute a Lease with Beach Quarters Inn, L.C., re use of approximately twenty-two-foot (22') strip of that part of Atlantic Avenue abutting the West side of the Beach Quarters Inn. (J.3), the City Manager advised in terms of long term redevelopment plan, the City does not wish to give up property. Henry Ruiz, Parking Administrator, advised if 22 spaces were metered, the City would collect approximately $9,900. This would be offset by not having to maintain and operate this facility. ITEM # 39029 Relative the Ordinance to APPROPRIATE the $31,850 Grant from NationsBank to the Parks and Recreation Special Revenue Fund for organizing and planning the After-School Programs at four (4) additional Middle Schools (J -5.), there will be six schools remaining without the After-School Programs. The selection of the schools for this program will be done jointly with the School Administration. April 11, 1995 ~8- AGENDA REVIEW SESSION ITEM # 39030 BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA: IV-J.l. IV-J.2. IV-J.3. IV -J.4. IV-J.5. IV-J.6. IV-J.7. IV-Kl. ORDINANCES/RESOLUTION Ordinance to AMEND and REORDAIN Sections 21-421, 21-422, 21-425, 21-426 and 21-429 and DELETE Section 21-424 of the Code of the City of Virginia Beach re tow truck service and enforcement. Ordinance to authorize the City Manager to execute an Agreement between the Virginia Department of Transportation (VDOT) and the City of Virginia Beach re development and administration of Independence Boulevard Phase W-C (CIP 2-219). Ordinance to authorize the City Manager to execute a Lease with Beach Quarters Inn, L.c., re use of an approximately twenty-two-foot (221 strip of that part of Atlantic Avenue abutting the West side of the Beach Quarters Inn. Ordinance to APPROPRIATE $129,086 additional revenue from the Virginia Department of Corrections to the Sheriff's Office Division of the Community Corrections Budget re support of the Community Diversion Initiative Program. Ordinance to APPROPRIATE the $31,850 Grant from NationsBank to the Parks and Recreation Special Revenue Fund for organizing and planning the After-School Programs at four (4) additional Middle Schools. Ordinance to APPROPRIATE $9,070 additional revenue from the State Two-for-Life Fund in the FY 1994-1995 Operating Budget to the Emergency Medical Services (EMS) Department re purchase of a defibrillator and data processing equipment. Ordinance to authorize the City Manager to TRANSFER $802 from the General Fund Reserve for Contingencies to the Department of Mental Health's FY 1994-1995 Operating Budget re reimbursement to two City employees for legal fees and expenses incurred in their defense of charges arising from the performance of their official duties. Resolution to approve issuance of Industrial Revenue Bonds by the Virginia Beach Development Authority. not to exceed $3,000,000, for a 33.570 square-foot office/warehouse in behalf of AI-Anon Family Group Headquarters, Inc. at the Southeast corner of Dam Neck Road and Corporate Landing Industrial Park (PRINCESS ANNE BOROUGH). ITEM # 39031 Council Lady Parker inquired relative Application of ERNESTO ANDRADA, JR. and FIRST FILIPINO BAPTIST CHURCH for a Conditional Use Permit for a church exvansion on the South side of Holland Road, West of Monet Drive (2969 Holland Road), containing 2.215 acres (PRINCESS ANNE BOROUGH) (L.2. of the PLANNING AGENDA). Robert J. Scott, Director of Planning, advised Condition No.4. contained a typographical error. Condition Number 4 should correctly read: Appropriate acoustical treatments must be installed in proposed building structures which would achieve an outdoor-to-..;...:.1.vv. indoor noise reduction of at least 30 decibels. Mr. Scott further advised relative the condition: A right turn lane. as required, there must be definite volume of traffic generated to demonstrate a need for this right turn lane. This will be determined at site plan review. April 11, 1995 -9- AGENDA REVIEW SESSION ITEM # 39032 Councilman Harrison referenced Application of CONTEL CELLULAR, INC. for a Conditional Use Permit for a communications tower at the Southwest corner of First Colonial Road and the Norfolk- Virginia Beach Expressway (409 First Colonial Road), containing 4.1896 acres (LYNNHAVEN BOROUGH). (LA). Robert Scott advised if the Board of Zoning Appeals does not grant the variance, the application will not go forward. Councilman Harrison requested the specified distance of the variance be quantified. ITEM # 39033 Council Lady Strayhorn requested Applications of CH&B ASSOCIATES, THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 AND THOMAS C. and EIAINE M. KYRUS on Holland Road at the intersection of Windsor Oaks Boulevard (KEMPSVILLE BOROUGH): Conditional ChanfYe of Zoning. from A-12 Anartment District to Conditional B-2 Communitv Business District, containing 27.9 acres; Conditional ChanfYe of Zonin~ from B-2 Communitv Business District to Conditional B-2 Communitv Business District, containing 4.1 acres; Conditional ChanfYe of Zonin~ from R-7.5 Residential District to Conditional B-2 Communitv Business District, containing 9.7 acres; AND, Conditional Use Permit for automobile repair, containing 3.5 acres. (L.6.), be discussed and not part of the PLANNING BY CONSENT. ITEM # 39034 BY CONSENSUS of City Council. the following items shall compose the PLANNING BY CONSENT AGENDA: L.2. Application of ERNESTO ANDRADA. JR. and FIRST FILIPINO BAPTIST CHURCH for a Conditional Use Permit for a church exnansion on the South side of Holland Road, West of Monet Drive (2969 Holland Road), containing 2.215 acres (PRINCESS ANNE BOROUGH). L.3. Application of KLINE PROPERTIES, a Virginia General Partnership, for a Conditional Use Permit for a bulk stora~e yard (autos onZvl at the Southeast intersection of Mustang Trail and Lynnhaven Parkway (222 Mustang Trail), containing 1.1 acres (LYNNHAVEN BOROUGH). L.7. Ordinances to AMEND and REORDAIN the City Zoning Ordinance: Sections 111, 203, 901, 1521(c) and ADD Section 233.3 re use regulations for Flea Markets. Sections 233.1, 1501. 1511 and 1521 re certain eating and drinking establishments at the Oceanfront. April 11, 1995 - 10 - ITEM # 39035 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 11, 1995, at 1:05 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William J.v. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Robert K Dean April 11, 1995 -11- ITEM # 39036 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: PERSONNEL MAITERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions: Sports Authority of Hampton Roads Tidewater Regional Group Home LEGAL MA ITERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: Lake Gaston Real Estate Matters - Virginia Beach and Lynnhaven Boroughs Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch. III, William lv. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 -12- FORMAL SESION VIRGINIA BEACH CITY COUNCIL April 11, 1995 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 11, 1995, at 2:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, William U( Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Robert K Dean [FAMILY VACATION] INVOCATION: Chaplain/Reverend John F. Shoppell Beech Grove and Bethel United Methodist Churches PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, ABSTAINED on the applicaiton of KLINE PROPERTIES and R. K BUICK (L.3. AND LA.) and disclosed there were no other 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 makes this Disclosure as he mayor may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. April 11, 1995 -13- Item IV-E.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39037 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard. discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 * co ~ ,t \ ~ "'", 'b'(; .r 0 ~ 1'" OUR N~1\O Bfsn utinu 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 # 39036, Page No. 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing ~ody 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. Q~~~~~~ ~ R~thHodges sliiith,' CMC/AAE cIty Clerk April 11, 1995 - 14 - Item 1V-F.I. MINUTES ITEM # 39038 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 11, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III. William Jv. Harrison. Jr., Harold Heischober, Barbara M. Henley. Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K. Dean April 11, 1995 - 15 - Item IV-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 39039 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 11, 1995 - 16 - Item IV-HI. ITEM # 39040 Mayor Oberndorf RECOGNIZED: Heidi Winbush and First Colonial High School Students Jasmine Mizen President of the "Students Against Drunk Driving Just Say No Club" at First Colonial High School, participating in the nationwide Prom Promise Campaign. This Campaign encourages students to sign a pledge promising not to use alcohol or other drugs especially on Prom Night. This is a national campaign which will reach over 3-MILLION students in 3,500 high schools across the country. The students presented the Mayor and Members of City Council a symbol of their commitment for a safe and sober prom night: the "Safety Pin". April 11, 1995 -17- Item IV-H2. PRESENTATION ITEM # 39041 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke relative the item Robert R Matthias, Assistant City Manager, publicly unveiled the Virginia Beach Locality Communi- License Plate. The license plates are $25.00 each in addition to the $25.00 annual registration fee and the City will receive $15.00 from the sale of each plate after the 1,000 plates sold. Delegate and Mrs. Robert Tata were in attendance to purchase the license plate. Delegate Tata introduced a Virginia Beach License Plate in the 1994 General Assembly and secured the necessary legislation. Since that time, the City has been working on a design. Trevor Foster of VOTECH formulated the design for the plate. There are approximately 278,000 vehicles registered and the City is hoping for approximately a 5% market penetration. Mac Rawls, Director - Virginia Marine Science Museum advised the funds derived from the sale of the plates will be utilized for the Virginia Marine Science Museum Stranding Program. Mark Swingle, Head of the Stranding Program and Assistant Curator - Virginia Marine Science Museum, presented slides in conjunction with the Stranding Program. Mayor Oberndorf and Delegate Tata purchased the first license plates. April 11, 1995 - 18 - Item IV-H3. PRESENTATION ITEM # 39042 ADD-ON Bill Reid, Cellar Door, presented information relative the SUMMER EVENTS PROGRAM and The Viva Elvis Festival commencing the first weekend in June. This festival will begin on Thursday and conclude on Sunday. Three Elvis Presley movies have been booked. An Afro-American Elvis, a Mexican Elvis, Magic Elvis and Karoke Elvis has also been booked, as well as a Flock of Elvi (skydivers). Mr. Reid displayed an enlarged check in the amount of $l-MILLION to be given to Elvis Aaron Presley, if he shows up at the Viva Elvis Festival. The real Elvis must be verified by fingerprints. Lloyds of London has insured this amount. This $l-MILLION must be given to the charity of Elvis's choice. April 11, 1995 - 19 - Item TV -J./K CONSENT AGENDA ITEM # 39043 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED in ONE MOTION, Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, *William w: Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker. Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean *Councilman Harrison ABSTAINED on Item K1.(IRB on behalf of AI-Anon) as his law firm represents the applicant. April 11, 1995 - 20 - Item IV-J.1. CONSENT AGENDA ITEM # 39044 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 21-421, 21-422, 21-425, 21-426 and 21-429 and DELETE Section 21-424 of the Code of the City of Virginia Beach re tow truck service and enforcement. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch. III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 21-421, 21-422, 21-425, 21- 426, AND 21-429, AND TO DELETE SECTION 21-424 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TOW TRUCKS. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Sections 21-421, 21-422, 21-424, 21-425, 21-426 and 21- 10 429 of the Code of the City of Virginia Beach, Virginia, are hereby 11 amended and reordained to read as follows: 12 . . . 13 Section 21-421. violations of division. 14 (a) It shall be unlawful for any person to violate or refuse, 15 fail or neglect to comply with any of the provisions of this 16 di vision~ c:::::::::::-::::.::; -=;:;;.;; ~r-uc;~~ -s-:::::-...::.cc op:::::-=.-=::.::::. Each day that a 17 continuing violation of the provisions of any section of this 18 division occurs shall constitute a separate violation. 19 (b) Any person violating any provision of this division shall 20 be guilty of a Class 1 misdemeanor. 21 Section 21-422. Signs required on property. 22 (a) Each owner of private property having parking facilities 23 accessible to the public, and offering parki~g to it customers, 24 clientele, residents, lessees or guests, who intends to enforce 25 parking restrictions by the use of tow truck service, shall post, 26 at each point of ingress and egress to the parking area, clearly 27 legible signs, visible and unobstructed day and night upon entering 28 the parking area, containing the following wording: 29 PRIVATE PARKING 30 (Name of business, apartment, 31 condominium, motel, hotel, 32 office building, or organization, 33 whichever is applicable) 34 RESIDENTS/CUSTOMERS/CLIENTELE/ 35 LESSEES/GUESTS ONLY 36 TOWING ENFORCED 37 fH~:"~: OF ENFORCE'!E~~~~ (Indicate hours of enforcement) 38 Unauthorized cars towed at owner's expense: 39 40 41 $SO.O~ day ~~~ (Indicate rate charaed) Call 427-5616 for location and information concerning return of car if towed. 42 This sign or an accompanying sign may also indicate whether 43 the lot is decal-controlled, and shall contain the name and 44 telephone number of the contracted towing service, if applicable. 45 (b) The signs required by this section shall be at least 46 thirty-six (36) inches in width and thirty (30) inches in height. 47 Lettering for the top eight (8) lines shall be at least three (3) 48 inches in height and, for all other lines, at least one and one- 49 half (1\) inches in height. The face of the sign shall be composed 50 of high intensity reflectorized sheeting or like material. The 51 name of the business may be on a separate sign, but must be 52 adj acent to the primary sign containing the information required by 53 this section. The provisions of subsection (a) above shall be 54 applicable to parking facilities of apartment houses, condominiums 55 and nonprofit organizations. 56 (c) Vehicles may be towed from designated fire lanes approved 57 by the fire department on private parking areas open to the public 58 on which are posted signs as required by subsection (a), above, 59 provided that such fire lanes are properly marked, including the 60 posting of above grade signs stating FIRE LANE-TOWING ENFORCED. 61 (d) It shall be unlawful for any tow truck service or 62 operator to tow or otherwise move a vehicle from any privately 63 owned land or property wi thin the city, unless such land or 64 property is properly signed in accordance with this section. 65 . . . 66 67 See . :: :. --4-2-( . ::al-eac.= af ~eaielc ~a eWBer su-Kc~:' 3:: . --- -- t-e tewiBIJ. r---- 68 -\ ~~ :~c~e-ewft::::- =::- oUDtodian o~ o.~y ~dH'~:: ~=~ =-::Ni-=::-~=~a----=E-e 69 c:: i;:=-::-~;::~~ ~:-. ~ :if>~~e :o~ ~ =~::::-~;:; =-~-=z:.:::c ~ ~o':..- :...;. __){ Dcr;~=~ ~=-;:; 70 ar::-~~~~ z::~ ~~~,~ ~~e ~~~~c:e flao ~ccn towc~ =F~~ ~~e FLivat~ ~=~, 71 ~:: =~~- ~..::~:u~'~\ ~:-ie .v.e~~&l-e- :..~~-=~:::: == ::=-= i -= :.:: =:':'~~j" ~==~:::d. up to 72 ~~:: ~=:; -=:::-::<:::~i: ~r.~ ~~ chall b:: ::~~=-:..-=::~ :MY..:- ~~e ~o-+i ~ruc]{ Dcrvicc or 73 epc::-:::~=::- ~= ::-::fUDC to :;::z:.:.:oc.~~~e ~eMc.:e 1~.::.:~::-, ~:: ~~~ .y.~hiclc 74 ftas-=::=-~ ~~~= . . ::; ~:=- =..~~~ '~~e )?...OCCDD 0:" l:.",~ ~~ '.:.~, 'E-~:: ~::= 75 ~_.._1.. _____...__ ..... '-4....... ..,1:'...... \04 ""...,... .........1 :::~:.;:.;.:.. ~ 2.:..:. :t'l.O~ ~.o exoeed fif~~~~ a~:::.~s 2 76 ~.. ~ f\~' ~........". 'CTv I . e~e:l'- --, - - -. ~ -.- .-ae u . '.. Sf:" a:i:se--.... ~ _u ~ ...~.. . ~ .:> - .-----w...........":J ~ ..<;;........:a..o..&..e _...r._..........-......~:..~Ae "'COn-......."'::J 78 77 :R.:Il"-__-_-::::. rn"'_ ---""ess e.... ".c>..<:>..~' s\..a" ~__'u..:l~~' , , 1:'- -- .........- 1:'-_....... ~ .&'"I.~'C:a..n<:J 'Up ............... _......____..... \....., ':::'~-i.e. :i.:-emOYCl"%' aftEii=~ ~~~~~:~~~-o~ ~~y ~oriing equipment =~==. ~~~ ~o~ j - --,- '&:"--- 'C:k:'UO,,"" __ ___ 79 80 81 82 83 84 85 86 .~~.:: pooitio~e";;' .L._....._,_ --_........~'"&. . "Co eMeo~ the tow, w~=~~=~ ~* attaohme~~ =.:;.=e--~= -:=M=:=, .......- l": .: \ \--, , . .r=::=~ :.~; ....\..- _.&: l:a..J..z..:J__....,~1:I..!:1...'".~. ......,.- .. '_' .&-xr----........~..........~. v/?.:..:..:c.."C.::.a. :~Ft ~~=~:;.~:;.~=~~ ~= :=:;.=~~; ....\..- .....-.......: -,- '" -..----. f\..' -, := ~~= =~~~, Q~ ~b~o";;'~~~ ~Q ~n~blc or unwilling t= l:' - .z :t:ft4.= .&:_- ...._-, aft";;'er ~;""'e---aJ3.=-:= =~~=~lftC~::.~::==, .:.::a---=~:: .....'C.::~:.::~.:: .:..s .=::=~::~ ..:.:::Ft--=~ ~-: . - ....- ... .CO'H'GGa. , in fee .&.......__.&....'t.-.c:.: --- _..._..._~ --..- a-= ae-l-: :;.~s- no ($25 on' -"'-" ...._,.-_... -''--ged . _, _......_......... A#_ _...~u._ ,'" ...or . . 'C......e ~~. ~~e :"ow truo]c op=~:;.~=~ _'-_"I' ; ::::-:::. ~ ::.:: SWf'~~:;:.- O~- O~Q~Ddian who re~~~~= .&.. - '-.: -. ..... '.' '.. ! , .... __ .............. '".:..:.i.:a.:a..o....._ _....~-- ~~=.se 87 c~~=~motanoco to remov= ~=~s=~:;.: ~~=='3 from ~~= ~=~~~~ ~~~=~ ~~ 88 89 90 91 ~"":: 1-_~_~_....._..1 ~_ ___....~... _a"'T"' < =~ N;: ~DW tr\:;,c;;~ .;;;,i:-e:&:-~~or sftal-: ~=::;..:==~ ~:;':Z"lRent of the ;:~:;.~;;e ~==~Je= =~ ~~~~ ocotion, or tow any ~=~~=:= ~=~=:;.=~~~ ~ ~ ...... ~_ _......8 e~:;.~;= ~= __ J. ..' .t'-.~w, --.... ~:~~ ~S-b ~e o~a.:: ~~rQ~ pro~~de to the =~~=~ =~ 92 ~==~:;.~ :;. e=~? &f ~~iD oec;~~on. ~;""'e operQ~Dr, upor. ~===~~~~g ouoh 94 93 ~:;.:z-::=~'t-=~:;.:: :t::::'~-..~.c ~Q '~};,e o'w'~er or ouotO':~Qn a legible ~===~~~ c=::-=.::~::~:~~ t.~'~.e. ~-~ci~.e. <) !--'C.~'- ~=::~::; ::.=-::-.....':.~e, ~~~e ~~= ~~~=. ~~ . .. "C......e 95 ~:::== =~-=~~*.c ~.:.leaC3G, ~n";;' ~;""'e nQ-me of the tc:: ~~~=~:: =~~~:;.~=~. 96 A oopy 0= ~~= ~=ee~~~ 3~:;':: ~e-~~~~l~e";;' ~y ~;""'e to\ling De~~~== ~ 97 - ~=~~== =f one yca~ ~~a-6;""'~:: ~e mQ~e available for ~~=~==~~=~ ~y 98 oity poli.:::;.i:,. O:L.- ~;""'e-e=::-.::~s-=~=~~~ a-:: ~'.c'-';'':::'~~e ~~r~ nO.l..."al bUD~~=S-S 99 houro 0= ~~.c ~o~ ~~ c=~:~=~. 100 101 Section 21-425. Police to be notified of removal of vehicle. (a) At the time of removal of any vehicle by a tow truck service operator, or no later than (30) minutes thereafter, 103 police dispatcher shall be notified of such removal, specifying the 102 the 104 location of the storage yard to which the vehicle will be towed and 106 105 the telephone number which the owner should call to reclaim the vehicle. The police dispatcher shall be given the license number 107 and state of issuance of the license and, if known, the vehicle 108 identification number and the make, model, and model year of the 109 vehicle to be towed. 3 110 (b) If notified by the dispatcher or any law enforcement 111 officer that the vehicle is subject to seizure by law enforcement 112 authorities for evidentiary purposes, the tow truck operator or 113 towing service shall forthwith relinquish the vehicle to such 114 authorities and shall not be entitled to recover any costs or fees~ 115 it:i ::z:.~;;:;;~~:':;' ~k~ ~~i.5--0:__;:-=::=. 116 section 21-426. Ohar,es f:= ~awiDg aDd st.rage .f vehie1e ReceiDt 117 118 119 120 121 122 123 reauired. ,-, -, ~, "'i.~';'; "~ruo]c O<:.~~~oe Dr op::=:: -=::= ----_..!_- ....:."-~- ..........- -J:::'-.... - -_.a""::J ......... -............... '...- .. ..... _.: .&-... ~ ~~~Ge =~=.~~ e~.::~;-.::. ~ :more. ;;'hnn fifty dol~::=3 ( $50.00) -- -.z ..= ~~ ~sw-ifl.;; __.41' .A.':_... '.. _....~ _........1:.....:..:.., .. !. .,.. ra:L'9'AOC, -.... .' .- ,--, '-AU)" - -, ... 'WAe.OCAe.:1. --.... ;:;, i:.=~~:,~ or a--=:.~:.==-=. ',~,,-,'Z::.~.;;,.::...el-e6 e~~oe.e';'~n.g a;&,OO~ i==::::do gr=== :.....::~~ ~ .~ :::: :: a:t:---:&= -~-'-""..- _...."='......_~ ~ ~.::....".~ a.=::~~:; _....__ -..:I ~ ~ : .5-.9-: ; __.. 1-._ .............~ -- _'-____...:1 _u~~,=,__ .:e.:::: :.::;; . ~~~D DubDe~-=~:::: ::~;:;,~: ;:;'~~~~a:f ~~en a v~i.e:e ~D moved 124 c= -=::::::= ::~-=~=~~ ~~.kZ::. p~~~_::.:ten~ c:..n~ c:..qrcelRent of the 0'::::::= ~ 125 126 127 128 ~~o~i.c:..n ocne vehicle. ThiD of pr=.;~::~:::: s-~;:;,~~ --.... ~~ --------.... r--'-u- ~~;:;'FS'~::;; r~-.~--_U'=' ---..-- .: , .: -- - ---," "..,. -,,'.,.,......: ...., __..........__ _.....u..... _. .. ,I _ ...:u.-.:...:...:. tm:~::q - ., ....A e. ra ~ec:.."'iY eE!C~;:::l::::-= :::::;:~&ye~ 'ta--i:'-~~l~~.-.-;e Ii ~ni.quel.i ~oDitie::::i. .;::~~~~;::, provided ........-.... ......... ... .. ~ ... '::>>'U.co --V--CO:&..O..L.C ~ poli~;:: =fficer ~-.;c.'~~~.;c.~..~.~ 1:'...--.... 129 .=~::~~=~~~~ ~~z:. ~~Z::.~o~ seo~ ~_~~~ equipment. 130 /...., ,-, ::= -==..-;...- ..~~~c~~ ~.;c.:;..--y-t4-oe or ~~:::::.-==::- :::~::.1.: ::sse.=::: ~".z -'------ _u_~ '=' __' 131 ~-- ~::=::;;:: ~== ~~~ ~~i.~i.~: '~era~y lour (24) ~=~=::, ~;::= e~::=;;c more 132 -=~:::: ~;:::: a=::;:;,~~~:~~~ ~e.~ ~~en~y ~::~= ~= pe=~=~;::=;::;:;,~;::~, 133 -e== ;:;,:::,"'""-;-::.~.~~~:Z::. Df 20,00;:; po-ciradD or leDD, g=::=D Yei;;~~ =:::moved from 134 ~::-~~::-=~ ~::-eper-=~ ::~-=~=~~ ~~~ ~~~~~~~ of ~~e awner or cuot==i~~ =~ 135 -=~~ ~~~~=~~, ~~~~~~~ ~~~~ ~~~ o~~~~~~~eo ~n ~ ~~~r or ~ny =~~~= 136 ~~=~s&i~~~&::. - ~ ',-.- ~~.~i~: eS--O~er ~-_... ...-..... --~.... -~-, ~_.._..::a_ --....-- 20,QOO ;;==s-:: 137 _.&--_:-::.::~ ~-_- :-:::.~ .&-- -uaeeel :E:i:Et:--- .:1_" --s-/"'"' ~ ",,' --- ....--__-4::..Lz.-....c_u.... "i::I""C' __.,.:::::---r'C' ____ c_ _.. __.... .c..____... \T-~-I 1:'-'" _1IJ.._.a......-~...__~ 138 139 140 141 142 143 ~A\ \-~ ~, ~=~~ ~;::~::.=~ :=~.::;,:,~~ u.DDeDDe':: c:..~~e.r ~fte--~~=s-~ ~-;;enty four '''' A \ ,~~ , lo._n__ rr__...__ ~~laYD Qc:..~~ 's:.y Dt==;:;,~;:: :,~= ;:crDonn;::~ -'- -, , --.... =e included when computing -~----- ~~nrgeD. ---"'-":J- /_, -, -, := ~~~ ~e~~cle ~o ~ot rcd~~=~= =~ =~ =~~=::-~ ~~~ ~~ =~? a-=-=::r =~i~; -=awe=, ~'- -. -=~i~; S€~~~c6 &~~:~ en~~~:e~= ~::==~~ a-:~ ~~~~''::i.ono.l f.ee.-, --.... ~= ;::~~~~~;::Rty fi7e d::~~;:;,=&-(~2~~~, ;:;,s- 4 144 ~~.:. ae.:;~ of Co~~~l:iO'::'i.n'9' Q oeClr~ Lor the r=:;:..5-'&=::-==- ~~a 145 ~:..=~~=~=-=::- &= ~~-=~:..~ 146 --t=-~ ::z. ~.:a-;;.c:;';'~o:~ oe~~ee---or OperCl~or Oh;lll ch;lrgc :::..~~. fee for 147 r:.:..~=:::..:;=, ~~i:~'::'i.o~ . "Co "Cne . . DCl01e towing' fee act fort~ 148 '=::=se:;~:.:;~ , - \ '-I ;lbovc, '~~i & , - - , ~ .. 'CAe. "1t'eQ~O..&..C io bCil:~ -=:;,~;:.::~ _...! wI-"- _....Jr- ........v......___ ~ 149 =::~Dent: of ....... - c::~=::- ::::- ouotoc:..:::..~ ::~~~= -.-=~:..~ 150 fet A monetary receipt for each and every"::'." fee collected 151 must be given to those persons whose vehicles have been towed by 152 the towing service.. or released after hook un. upon release of the 153 vehicle. The information on the receipt must be clearly legible 154 and include the time, date and place of the tow, the name of the 155 tow truck operator who made the tow and the name of the towing 156 service said operator works for. The receipt must also list the 157 amount of money paid for the release the vehicle, any additional 158 charges incurred in the tow, and the reason for said additional 159 charges. A copy of the receipt must be retained by the towing 160 service for a period of one (1) year and shall be made available 161 for inspection by city police or the commissioner of revenue during 162 normal business hours of the tow truck service owner. 163 . . . 164 Section 21-429. Miscellaneous prohibited acts by tow truck service 165 or operator. 166 Except when acting as an agent in the legal repossession of a 167 vehicle, it shall be unlawful for any tow truck service or operator 168 to: 169 (1) Tow or otherwise move a vehicle from any area or portion 170 of a public street, without either the consent of the 171 owner or custodian of the vehicle or authorization from 172 a police officer or other designated official of the 173 city. 174 (2) Block the movement of or tow or otherwise move a vehicle 175 from any private road, driveway or any other privately 176 owned land or property wi thin the city, except upon 177 request of the owner or custodian of the vehicle; or upon 178 written request of a property owner, lessee or agent in 179 charge of such property; provided that the foregoing 5 i ------ L~f a: -~- - I ! , I .0. i :',\, , '~ 0- IlS ~ ,:: g .,-i +' IlS o o H ~ '... .... ~ ~ ~ .;::;CS ~ ~ 1 'U ~ ~ Co) 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 restrictions shall not apply to any towing service which has entered into a written contractual agreement to remove all unauthorized vehicles from certain property, and provided further that there is posted on said property the name and telephone number of the contracted towing service, as provided by section 21 42l(~) 21-422 ill. (3) Tow or otherwise move a vehicle from any private road or driveway, or from any other privately owned land or property wi thin the city to a place out of the city, wi thout the consent of the owner or custodian of the vehicle; provided that, after a period of not less than twenty-four (24) hours following the initial towing of a vehicle, as recorded in the police dispatcher's log, any such vehicle may be moved to a storage area outside the city, with prior notification to and approval of the police department. (4) Block the movement of any vehicle, other than when on the property of the tow truck service, to prevent the movement thereof by its owner or custodian who has appeared and desires to move the vehicle. ( 5) .~:::. -y-':: =: :.....::=-=~:.::::- &p-~~.._.. -==~=~: =.:&ft; =.::~~t::-.::::.t t:e-s~: ::..::i. t ~=~~~;, =~ =~~;= ~~ =~~~=~~; ~= r~~~=~ =~ r=~~== r~~~~~= ~=t;,- :.:::::es= -=~=-:::: ::..:; ::..:: .::H.::::-= =. a=:::-=::=.::-= =.:.-:.:....::.::.:: -=~e ~=~~~; ==~~~=~ ~~~~ &W~~r ~ ~~e ~r~~~te property for ~~::. :..=::::t::..:f-i==.t.::..~:'~ ~~-~~~.e.~;ci: ~ U:n~ClW~U~:Y par]ccd veft4=~=3 from ou=~ r~=~=~~~, =F ~~o wait for employment by standing or parking on public property. (6) Tow or otherwise move a vehicle from any place in the city utilizing a wrecker or tow truck which is not insured as required by section 18-55.1 of this code. (7) Provide false information to any police dispatcher concerning any vehicle towed. (8) Require the owner of any towed vehicle to wait for a period exceeding two (2) hours for release of a vehicle. 6 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 Any delay over two (2) hours caused by failure to monitor or respond to calls placed to the operator's designated telephone number shall constitute a violation of this section. (9) Move any vehicle to any intermediate place of storage, or to any location other than to the registered secure storage yard of a tow truck service, unless specifically requested by the owner or custodian of said vehicle. (10) Upon request by any owner or custodian of a currently licensed vehicle, deny or prevent access to said vehicle for the purpose of removing personal items, whether or not the owner or custodian is then able to reclaim the vehicle. ~~~~~ .:\ooco:: ='::~i ::~=.::-;e-=::" =~~ i-:: ::::::::s-s--e-=, =:c---%-:: ::~=--=::..=:: ~a,- ~~~=~ ~~~~=~= =~ ~~~o Code. Adopted by the Council of the City of Virginia Beach, Virginia on the day of Anril , 1995. 11th CA-5868 \ORDIN\PROPOSED\21-421ET.ORD R-3 MARCH 17, 1995 ~--_. .--"- j 1 , .~'~."'.~"'''''-''-''~'~'~-='''"'''''' '--:'~"':">'~'" I. r ~ ~ ,IJ /], \ l~~ ~ ,~ rt-" , .., , ~ Ii I; i 1 .........-. '-~.."........._.._,.,.....,,~, '""....'.,,~ 7 - 21 - Item IV-J.2. CONSENT AGENDA ITEM # 39045 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize the City Manager to execute an Agreement between the Virginia Department of Transportation (VDOT) and the City of Virginia Beach re development and administration of Independence Boulevard Phase W-C (CIP 2-219). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William Jv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION OF INDEPENDENCE BOULEVARD IMPROVEMENTS BETWEEN THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF VIRGINIA BEACH FOR INDEPENDENCE BOULEVARD PHASE IV-C, CIP 2-219 PROJECT 11 WHEREAS, on May 24, 1994, the city Council adopted a 12 resolution requesting the Virginia Department of Transportation to 13 include the Independence Boulevard Phase IV-C Project in their six- 14 Year Program; 15 WHEREAS, the project is for the widening of the existing four- 16 lane roadway to a six-lane arterial highway on a six-lane right-of- 17 way from Pembroke Boulevard to Haygood Road, a distance of 18 approximately 5,400 feet, which two-lane expansion will occur 19 within the current median area, thus minimizing the interruption to 20 the commercial establishments along the roadway; 21 WHEREAS, this project will complete Independence Boulevard 22 between Pembroke Boulevard and the Haygood Road intersections 23 thereby relieving traffic congestion along this important roadway 24 segment; 25 WHEREAS, it is in the city's best interest to administer the 26 design, acquisition, and construction 'of this section of 27 Independence Boulevard from Holland Road to Haygood Road, allowing 28 the use of the City'S project team currently working on 29 Independence Boulevard Phases IV-A and IV-B to ensure coordination 30 and timeliness of design and construction. 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 section 1. That City Council hereby approves the agreement 34 between the Commonwealth of Virginia, Department of Transportation, 35 and the City of Virginia Beach, a copy of which is attached hereto 36 and is hereby incorporated by reference. 37 Section 2. That the City Council hereby authorizes and 38 directs the City Manager to execute the aforementioned agreement on 39 behalf of the City. 40 41 42 43 44 45 Virginia, on the 11 th day of Adopted by the Council of the City of Virginia Beach, ADril CA-5890 NONCODE\CA5890.0RD MARCH 29, 1995 R-1 , 1995. FD AS TO CONTBNTS " .! ~ duil\1i1 I?FoJ Cd;;NATURB DEPARTMENT APPROVBD AS TO~EG ~~P~ENC} ~ P ) ~1.1, viA.. c;? c.. {j- CITY ATTORNEt AGRE~"... FOR ...A.6 DEVELOPMENT AND ADMINISTRATION OF INDBPENDENCB BOULEVARD IMPROVEMENTS BY ...~~ CITY OF VIRGINIA BEACH THIS AGREEMENT, made and executed in triplicate as of this day of , 19 , between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the CITY OF VIRGINIA BEACH, a municipal corporation of the Cormnonwealth of Virginia, hereinafter called the "City" . I!X~H~i~~~1I WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Years 1994-95 through 1999-2000 for Urban highways, which includes an allocation of funds for an improvement project in the City known as Independence Boulevard from Pembroke Boulevard to Haygood Road, a length of 1.1 miles and designated as Project 0225-l34-F02, PE101, RW201, C50l, and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost is $434,000.00 for preliminary engineering, $1,275,000.00 for right-of-way acquisition and utility relocations, and $2,611,000.00 for construction; for a total of $4,320,000.00; and WHEREAS the Department and the City desire to construct the Project as expeditiously as possible and the City agrees to have the Project cVlIIt'leted within the time frame indicated in the Department's Six Year Improvement Program; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The City shall consult with, and act as the agent of, the Department in performing the preliminary engineering, right-of-way and construction phases of the Project, specifically including the following: a. Contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for the construction of the project. The consultant will be subject to a pre-award audit by the Department. The City will perform the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. Submit each phase of the work to the Department for review and approval as the Project develops; allow Department personnel to inspect all phases of the project at all times. The Department will perform all reviews in a timely manner. c. Prepare plans for the project, including such items as general notes, references to specifications and -2- standards, typical sections, drainage plans, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with the City's standards and format, provided the standards are acceptable to the Department. d. Evaluate for potential contaminated and/or hazardous waste sites during the surveyor early plan development stage. Be prepared to discuss the presence of these sites and design alternatives at the preliminary field review. Once contamination is determined to exist, whether obvious or established through testing, the City shall notify the Department and the appropriate regulatory agency. Wi th Department approval, conduct detailed studies such as site characterization to determine the length of time required for clean-up and potential financial liability for the City and Department if it is decided to purchase the property. The first option, however, is to pursue remediation by the property owner (s) through the appropriate agencies. e. Advertise and conduct a Citizens Information Meeting and a Location and Design Public Hearing on -3- the Project in accordance with Department requirements and coordinate the project with property owners in the Project area. f. Prepare right-of-way plans for the project and acquire title to all right-of-way needed for the Project in the name of the City by purchase or by eminent domain, if necessary. g. Abide by Titles 25 and 33 of the 1950 Code of Virginia, as amended, in the acquisition of rights- of-way for this Project and follow the policy and procedures outlined in Section 702.02 of the Department's Right of Way Manual, which are incorporated by reference. h. Provide relocation assistance to those whose property is acquired for the project in conformance with the Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970, as amended. (49 CFR Part 24) i. Maintain all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like for a period of three (3) years after completion of the Project. j. Coordinate and authorize utility relocations. k. Procure a contractor to construct the project, in conformance with applicable provisions of the -4- Virginia Public Procurement Act. The City agrees not to award such contract until the Cuulluonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard Municipal-State Agreement is executed or earlier approval is given by the Department. The City agrees to bear at least two percent (2%) of the cost of the project. Department policy will govern the rate of participation for utility relocations and storm sewers. l. Submit any change orders to the construction contract to the Department's Resident Engineer for approval. The Department will review in a timely manner. Formal notifications may be issued by the City as necessary to avoid delays and unsafe situations with the corresponding change order to follow to the Department. m. Receive Department approval of any claims prior to settlement. n. Maintain accurate records of the project and documentation of all expenses for which reimbursement will be requested, and make such records available for inspection and/or audit by the Department at any time. -5- o. Submit to the Department's Resident Engineer on a monthly basis a certification of all project expenses incurred and paid during the preceding month for all preliminary engineering, right-of-way or construction. All preliminary engineering charges shall cease on the date the construction contract is awarded. The final billing shall be made on the basis of final actual costs, reconciling any differences with previously billed amounts. Interim and final billings shall be submitted on the Department's Form AS-5. p. Agree to bear 100% of all costs expended in the event the Project is terminated by the City during any phase of work. 2. The Department will coordinate with, cooperate with, and assist the City in implementing the Project, and specifically agrees to: a. Review each phase of the project and respond in an expeditious manner to requests from the City for assistance. b. Prepare the Project environmental document, coordinate the Project through the State Environmental Review Process and carry out the functions necessary to clear the project environmentally and obtain the necessary permits. -6- " However, should the proj ect be classified as a major action and scoping meetings become necessary, the City may be required to participate with VDOT in reviewing the Project with the state resource agencies to ensure coordination of plan and environmental development. c. Provide reimbursement of actual Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving from the City an acceptable invoice of the expenses. d. Audit all Project costs and records as may be required or appropriate. e. Provide funding for the Project pursuant to the Department's Six Year Improvement Program. 3. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 4. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 5. Upon the execution of this Agreement by both parties, the City is hereby authorized to commence with the Project. 6. This Agreement may be modified with the mutual consent of the Department and the City. -7- ..".. . .. , ~ ~~,' ' . " . IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: CITY OF VIRGINIA BEACH CITY CLERK CITY MANAGER APPROVED AS TO FORM: BY: ASSISTANT CITY ATTORNEY WITNESS: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER T:JJ:1r C~~1J3 SIG~lJY(f K.0k ~ /(~r(~,-,J~ DEPART~ENT J / -8- ...., , , Q " '"L____Q : tJ.ji 14 r""\ '-J VY II ~ ~ " II J CJP.2-219 Independence Boulevard - Prose N-C ~q CITY OF VIRGINIA BEACH. V A BUREAU OF MAPPING ENGfolEERING DIVISION DEPARTUENT OF PUBL~ wORKS , , . .. .. - 22 - Item IV -J.3. CONSENT AGENDA ITEM # 39046 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize the City Manager to execute a Lease with Beach Quarters Inn, L.C., re use of an approximately twenty-two-foot (221 strip of that part of Atlantic Avenue abutting the West side of the Beach Quarters Inn. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH 3 BEACH QUARTERS INN, L.C. FOR THE USE 4 OF AN APPROXIMATE 22' STRIP OF THAT 5 PART OF ATLANTIC AVENUE ABUTTING THE 6 WEST SIDE OF THE BEACH QUARTERS INN 7 WHEREAS, the City is the owner of that certain strip of 8 land delineated in red upon the attached plat labelled "Exhibit 1" 9 entitled "ALTA/ACSM Land Title Survey of Lot 7 and a Portion of 10 Lots 1, 8, 9 and 20' Alley, Block D as shown on Plat Entitled 11 'N.S.R.R. RIFLE RANGE TRACTS' 300 Atlantic Avenue, Virginia Beach, 12 Virginia, for Beach Quarters Inn, L.C., dated March 2, 1994 and 13 made by Engineering Services, Inc. and being approximately twenty- 14 two feet (22') of that part of Atlantic Avenue abutting the west 15 side of Lessee's property; and 16 WHEREAS, the approximate twenty-two foot (22') strip is 17 not currently used or occupied by the City; and 18 WHEREAS, Beach Quarters Inn, L.C. desires to lease the 19 approximate twenty-two foot (22') strip for additional customer 20 parking at its motel located contiguous to Atlantic Avenue; and 21 WHEREAS, Beach Quarters Inn, L.C. will pay the City 22 $7,500 annual rent and abide by all terms, covenants and conditions 23 contained in the proposed Agreement between the City of Virginia 24 Beach and Beach Quarters Inn, L.C. dated March 16, 1995. 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 That the City Manager is hereby authorized to execute a 28 lease in a form substantially the same as the Agreement between the 29 City of Virginia Beach and Beach Quarters Inn, L.C. dated March 16, 30 1995, and attached hereto and incorporated by reference. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 11 th day of April , 1995. CA-5863 ORDIN\NONCODE\BEACHQTR. ORD R-1 03/15/95 APPROVED AS TO CONTENT u _..,. C.~ ~OfPUbliC Works/O~fice of Real Estate APPROVED AS TO LEGAL SUFFICIENCY ~Slh , Department of Law ^ IN -..- I -... \ / ,.., " " J" '- ... , I I L (I ) ,/ , " I 1-) I / I / ..1- ,,'" I " ,Ie;, I I I I I I I I I , I , I ~,'/~ , I I I 'I " , ,/>( / , " I ,," , " I , /~ \t ' \ \ , ' \ \ , \ \ \ , , \ \ \ \....... \ \ \ \ , \ ~...- __'1- ..... _... ... -.... " .". .,.,.,.""" ... -.... .. -- -.... I , / " - ... -...... , \; )\ / \ , \ I \ I \ I \ , \ .. ) , / , I " ~':\\ -- LOCA nON OF 80JO INN '-II 1 OF VIRGINIA BEACH, VA _IF-..J __ DIVISION IlEPIIRTHENT IF I'I.IlI..II: _ I'UlIIl[TllI: _llON _ARm - "'i PJ' 1:6 ~1IQ"'1IEAQl1lT lIIl STAlE'I , 'nil' ~ "".., 11",_ _'M'f.~..r;. REVISIONS .. II'DATES ~." " ......., .. ~ PlAHS 11&, BE tIC ON TItS 1UoI'. TItEIlE IS NO SlGNFIC TO LWSlIAOED IIlLON;$. NOTE 0l$ClAlEA0 IlL ~ u:c AID OnlEJbl5l. EllPtIPS 01 .....IIIQ..IDC eMIWITU AS YO IIlXUUC'T r6 n<<..a&: ... tUUJl Me """""&ILIn all) fines Fell .. JI"'~ I\IFOSIl lIE. DNI:SSl.' DI5Cl.AMD _au..-.<<..... ......ntC.GII9IKW.. ~""''''''Ofc.. _, :...". .ntMU5lOR &;., a ar TIE DATa.... ON nil .... MIl Pf"II::SSU ~ _ _ IS lASED GIl _ S'TA~ P\.AI<< .", rES, SOUT1l 1M ec.Yl.-ile3I ..... ~.. 11 'WAL.W JI/fE. ......."O"U'.lIo:- II NTlRMTJ)NAL F'EET tCIIIIE rOOT EDUAlS D.3OG ~TER"~ SCAlE: ,.. 50' 17.-",,1'f1: DATE: 5/11/9 ~ !" :- 0 io ~i ii~i ~ ~~ ~;X) . ~;o; . ill .~ ~m -n ... .. . i".- !~ ~. "~04;! 0 0 ;:A'" r- " :~ ;~-~ i ~O:l -0 ~~i~ ~ -co . .. .., -.~ :i~.t ~ :~ ~: 2......; ; .fIt..." ... ;~~': ~~ o=-c: .r!i: ~~ a_ 0 !: illi; = ~; Elg: ~i ~.....c:: ~ c.O% "'0""_ ~ ro z ~'i:.... I;I~ .. ~;ig .... N .- " : .......... oo- .. .. J ~ieA ~ i .. :~~n ~ > -l r > z -l .... 0 z .> < .f !i: ,;i fT1 :z: ! io C n l~ fT1 r .. . o. j ~ ~- . CD ~ z_ 0 m J ~~ ~ ~ aE n JJ m ~; l" ...... . ~ 0 ~ n ~ 0 il .. - .. "m i .0 . !i:C :i :' n g .i:- \ ~ . g , ;- \} ~ i~ i .. ~ !~ J\ ':~: in'~ z ~ .. . .. ;~ :i' t ~ ~ .!if~;~ ! ~~b:= ;; -- OJ -t 3:te.......... .l'i -: m ~ z- ".t;. ..,- .~~ Z 0.. .. ~; ~ ;;Q ::~z~~~ A'J 00' 0...." 0% ~:i ; ~ ~.. ~::>:;~~>.... ~~;.j:: ~~~:-i .~~ ~"-:!i.., -P-"zz"'~oc 0"1 _mzcClzr-:c --,;! o=c.....mm.....r-.......... J~:f; ~ (/)..- ~~o= :'-;;&11 .....<;;r. z.... ;;.OJJCA ZO;;.~CDOtTl 'J~II ~ ~~:D~~ .6"'~ ~~. r ~~~~~~ ":l :;: . .. en -4'" : i I:? ~ _ :~~= EXHIBIT 1 o.~ GINA THIRD STREET (50 ') bt.. 10. 'S. .. , ..... 14. ~. ll1 ....+ ~ , 0: ....00. i z =j, _~~;/)O.. 1/30" 1 V~V/I///I'/ ,~ l:i ~ Y / i/~ I ' · : I~ : w ! ~ I r I w : I :------, ~ ; ~ l I ~ 1 r- I ~". CD I ~~: I ~:~ I ~ii I g~E I ; . I Z n - ;c!.oo 10 ; .t .. j , ~ / Q .. , . I I I , I , I I , f Q , . I , I c' ./ .. .~ ...... "" .....,,'y ..~ .ll,. .~."'~ ......~ .~:- t') ." .ll,. .....~ ......~ .....~ ...~::-. A'$~ ..: ,; - - ----------. &- rt - "- ,~~ ~ I ,,'" I I " ~ ~ .. 5~ v _ ~ ~ - . . . ~ ~ . c ": .. N . ~ R N ~ i I ..,. / ~ / / / / I ~ i . ~ l/) ~ ~ ~ ~ ~~:.:.::::: - > " ; ! . . . . . i AlLAH'Ie OCE'" ,-- Tms AGREEMENT, made this 1~Vi.. day of March , 1995, by and between the CITY' OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "CITY" or "Lessor," party of the first part; and BEACH QUARTERS INN, L.C. (GRANTEE/LESSEE), hereinafter referred to as "BEACH QUARTERS" or "Lessee," party of the ~econd PM!. WITNESSETH: WHEREAS, the CITY is the owner of that certain strip of land delineated in red upon .' the attached plat labelled "Exhibit 1" entitled" AL T A/ ACSM Land Title Survey of Lot 7 and a portion of Lots 1,8,9 and 20' Alley, Block D as shown on Plat Entitled 'N.S.R.R. RIFLE RANGE TRACTS' 300 Atlantic Avenue, Virginia Beach, Virginia, for Beach Quarters Inn, L.C., dated March 2, 1994, and made by Engineering Services, Inc. and being that part of Atlantic Avenue abutting the west side of Lessee's property (the Leased Premises), as more particularly described on Exhibit I (the Lessee's Property) reference being made to said survey for the dimensions and descriptions thereof; and WHEREAS, the Leased Premises is not currently used or occupied by the CITY; and WHEREAS, in its present state, said strip or parcel of land is difficult to maintain to prevent littering and misuse by the public; and WHEREAS, BEACH QUARTERS desires to utilize the Leased Premises for additional customer parking at its motel located contiguous to the Leased Premises; and WHEREAS, BEACH QUARTERS will, in addition to the other covenants and agreements contained herein, maintain and police said area. NOW, THEREFORE, THIS AGREEMENT W 111'ffiSSETH: 1. That for and in consideration of the sum of $7,500.00 per year, payable in two (2) installments of $3,750.00, the CITY does hereby lease and demise unto BEACH QUARTERS the Leased Premises. The installments are payable as follows: : ~\ Tr:r~ On or before January 1, 1995, the sum of $3,750.00 ~'n_..J ~, On or before June 30, 1995, the sum of $3,750.00 ,~I I In the event that BEACH QUARTERS fails to make any rental payment or portion there~ the due date, the CITY may assess a penalty equal to 10% of the annual rent with interest at 8 % per annum, compounded daily on the unpaid balance. 2. The term of this Agreement shall be for one year from January 1, 1995, to December 31, 1995. This lease may be renewed for four successive one (1) year terms based on the following conditions and stipulations: A. The Lessee must request, in writing, a renewal not later than September 30 before the lease shall expire. B. The rental amount is subject to negotiation for each year's renewal. C. All other terms and conditions of the original lease shall remain in force for each renewal term. 3. Notwithstanding any condition to the contrary, it is expressly agreed that BEACH QUARTERS' leasehold interest for the Leased Premises shall be subject to the following conditions: A. Use of Premises: Lessee shall comply with all laws, rules and regulations of Lessor and all other governmental authorities respecting the use, operation and activities on the Leased 2 " Premises, and shall not make, suffer or permit any unlawful, improper or offensive use of such premises or permit any nuisance thereon. It is expressly understood and agreed that all activities on the Leased Premises are solely that of the Lessee and Lessee, in no way, represents or acts on behalf of the Lessor or any department thereof. Lessee shall use the Leased Premises only for the purposes listed herein and any other use thereof unless necessarily incidental to sucb listed and allowed uses shall constitute a breach of the Agreement and cause its immediate termination. B. Assignment and Sub-Lease: This lease may not be assigned or transferred, and the Leased Premises may not be sublet, either in whole or in part, by Lessee without Lessor's prior written consent. C. Lessee shall not be entitled to renew this Agreement in the event Lessee IS In default in the performance of any of the covenants, terms, or conditions of this Agreement. D. The CITY reserves the right at any time without prior written notice to enter upon the Leased Premises for any public purpose making reasonable efforts not to disrupt BEACH QUARTERS' business. E. The parties acknowledge that the CITY has certain powers, purposes and responsibilities. To discharge its powers, purposes or responsibilities, the CITY shall have the right to require BEACH QUARTERS to immediately dismantle and remove any and all improvements from the Leased Premises, within four hours after notice is given to BEACH QUARTERS or its managerial agent. Then the CITY shall have the exclusive right to use the 3 Leased Premises, and BEACH QUARTERS shall surrender possession and control as the CITY deems necessary. The CITY shall exercise this right only in cases of emergen~~. F. BEACH QUARTERS understands and agrees that the CIT :\~s ':'\\. '. continuing to evaluate alternative uses for the Leased Premises; therefore, the CITY reserv the right to terminate this lease by giving written notice to BEACH QUARTERS at least ninety (90) days in advance of the date of termination. Any rent paid in advance by BEACH QUARTERS shall be returned by the CITY in an amount prorated according to the actual period of occupancy during the months of May through October of the lease year. G. It is agreed that the power of the CITY to terminate or interrupt BEACH QUARTERS' use of the Leased Premises shall not be arbitrarily or capriciously exercised . 4. BEACH QUARTERS will maintain the improvements placed upon the Leased Premises in a safe, clean, and orderly condition; be responsible for the orderly conduct of its patrons on the Leased Premises; and will act immediately in response to any notices by the CITY with reference to the foregoing. 5. It is further understood and agreed as part of the consideration hereof, that BEACH QUARTERS shall be responsible for the maintenance and/or repair of the Leased Premises arising out of BEACH QUARTERS' usage of the Leased Premises. Should any maintenance and/or repair work be required during the term of this Agreement and any determination of BEACH QUARTERS' liability for said maintenance and/or repair work be deemed necessary, then the decision of the CITY as to the scope of the required work and the amount of such liability shall control and be binding on BEACH QUARTERS. 4 6. Upon termination thereof pursuant to the terms hereof, BEACH QUARTERS shall promptly restore the Leased Premises to the same conditions existing prior to its occupancy. 7. BEACH QUARTERS shall indemnify and save harmless the CITY and all its employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, occurring on the Leased Premises or arising out of BEACH QUARTERS' use of the Leased Premises. During the term of the lease, BEACH QUARTERS shall obtain and keep in force All Risk Property Insurance and General Liability Insurance or such insurance as is deemed necessary by the CITY, and all insurance policies shall name the CITY as additional named insured or loss payee, as applicable. BEACH QUARTERS agrees to carry comprehensive general liability insurance in an amount not less than $1,000,000.00, combined single limits of such insurance policy or policies. BEACH QUARTERS shall provide endorsements providing at least thirty (30) days written notice to the CITY prior to the cancellation or termination of, or material change to, any of the insurance policies. It is the intent of this Agreement that BEACH QUARTERS shall assume all responsibilities and liabilities, vested or contingent, with relation to the Leased Premises. 8. APPLICABLE LAW/COMPLIANCE WITH ALL LAWS/VENUE: Applicable Law. This Agreement shall be deemed to be a Virginia Agreement and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. 5 Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. Venue. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 9. If any section, paragraph, subparagraph, sentence, clause or phrase of this Agreement shall be declared or judged invalid or uiiconstitutional, such adjudication shall not affect the other sections, paragraphs, subparagraphs, sentences, clauses or phrases. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed by their proper representatives as of the day and year first above written. CITY OF VIRGINIA BEACH BY City Manager! Authorized Designee of the City Manager (SEAL) All.t=.ST: Ruth Hodges Smith City Clerk AP~R~VEL) AS TO CCNH"lTS ~ s~~~J~th M ftitft D::PARTMENT BEACH QUARTERS INN, L.C. APPROVED AS TO LEGAL q l c'('H,JCY AND FORM j)I/I/ItL__~_____ (Ill' ~,F01.N~,( By: Professional Hospitality Resources, Inc., Co-Manager By: P ~tt11 ~ . Vice President (J I /J~ 6 By: Golden Sands, Inc., Co-Manager By: :-J~. 2SL · . - Secretary \ ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and , City State aforesaid, do hereby certify that Manager! Authorized Designee of the City Manager, whose name is signed to the foregoing writing, bearing date the day of , 1995, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1995. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, whose name is signed to the foregoing writing, bearing date the day of , 1995, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1995. Notary Public My Commission Expires: 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH , to-wit: K.' IV'- b ( rI Vl I State aforesaid, do hereby certify that on behalf of Beach Quarters, Inc., writing, bearing date the I ~11l.. day of I, D . ~l1 e tr , a Notary Public in and for the City and .j ~be(f (Yl. ~vJ((vcL , Ujo. P/lSIJ.(KJ; Co-Manager, whose name is signed to the foregoing March , 1995" has acknowledged the same before me in my City and State aforesaid. Given under my hand this . I ~~ day of JIVl ar~ ~/). Notary Public I , 1995. ~# u My Commission Expires: tJ!30!Q7 ST ATE OF VIRGINIA CITY OF /J ~ ~ & ILL"^- , to-wit: (J I, f0"'-t'b-lv 1V\ ]). fl;tl'do.-eff , a Notary Public in and for the City and . } J- State aforesaid, do hereby certify that /\{AVlc( Stl/velu , S-ecr.eh..-u , J J on behalf of Golden Sands, Inc., Co-Manager, whose name is signed to the foregoing writing, bearing date the I b.J.i'\ day of fVl (.l v~ , 1995, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 1ftr.U.- day of yYj OA.--d-- , 1995. ~~dJ.~ Notary Public I U My Commission Expires: rp/?tJ /~ 7 8 - 23 - Item W -J.4. CONSENT AGENDA ITEM # 39047 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to APPROPRIATE $129,086 additional revenue from the Virginia Department of Corrections to the Sheriffs Office Division of the Community Corrections Budget re support of the Community Diversion Initiative Program. Voting: 10-0 Council Members Voting Aye: John A. Baum. Linwood O. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 - 24 - Item W -J.S. CONSENT AGENDA ITEM # 39048 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to APPROPRIATE the $31,850 Grant from NationsBank to the Parks and Recreation Special Revenue Fund for organizing and planning the After-School Programs at four (4) additional Middle Schools. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K. Dean April n, 1995 1 AN ORDINANCE TO Ai: .t.nOPRIATE TtlE $31,850 GRANT FROM NATIONS BANK 2 TO TtlE PARKS AND RECREATION SPECIAL REVENUE FUND FOR 3 ORGANIZING AND PLANNING TtlE A14TEA SCHOOL PROGRAMS AT FOUR 4 ADDITIONAL MIDDLE SCHOOLS 5 WHEREAS, the Department of Parks and Recreation currently operates after school 6 programs at Virginia Beach IS 52 elementary schools and at Lynnhaven Middle School; and 7 WtlEKEAS, the Department of Parks and Recreation, in cooperation with the Virginia 8 Beach Public Schools, has determined that it is feasible to open four additional after school 9 programs for middle school youth; and 10W.l1J!MEAS, the locations of these programs are yet to be decided, but they will be placed 11 in those schools perceived to have the greatest demand for such programs; and 12 WHEREAS, an appropriation in the amount of $75,490 to cover operating expenses for 13 four additional programs was requested and recommended for approval in the FY 1995-96 14 operating budget, to be fully offset by registration fees; and 15 WHEREAS, the Department of Parks and Recreation has received a grant for $31,850 16 from Work/Family Directions Development Corporation, Boston, Massachusetts, on behalf of 17 NationsBank, for organizing and planning the expansion of the after school program for middle 18 school youth in Virginia Beach. 19 NOW THEREFORE, BE IT ORDAINED BY Tl1E COUNCIL OF TtlE CITY OF 20 VIRGINIA BEACH, VIRGINIA; that $31,850 be appropriated from the Parks and Recreation 21 Special Revenue Fund to the Department of Parks and Recreation's FY 1994-95 operating budget 22 to be used for organizing and planning the after school programs at four additional middle schools; 23 and 24 BE IT FURll1ER ORDAINED THAT; estimated revenue in the Parks and Recreation 25 Special Revenue Fund be increased by $31,850. 26 Adopted by the Council of the City of Virginia Beach on the 11th day 27 of April, 1995 .,,.', ,;;..~-"......~, ---___.,o<c".. :~:~ :;_"._':n_--.,,_ 28 Approved as to Content: 29 30 31 /(\ :-" --'';'' .~,,~. /' r? r; ,f-. '") TO ~~ - ...--- Walt Kraemer Department of Management and Budget ~ L"-"J t -----~ I ::; -I ;\~;><-.~ .J ~. --.'[~MlU~j - 25 - Item IV-J.6. CONSENT AGENDA ITEM # 39049 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to APPROPRIATE $9.070 additional revenue from the State Two-for-Life Fund in the FY 1994-1995 Operating Budget to the Emergency Medical Services (EMS) Department re purchase of a defibrillator and data processing equipment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William lv. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 AN ORDINANCE TO APPROPRIATE $9,070 IN ADDITIONAL REVENUES FROM THE STATE TWO-FOR-L1FE FUND IN THE FY 1994-95 OPERATING BUDGET TO PURCHASE A DEFIBRILLATOR AND DATA PROCESSING EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES (EMS) DEPARTMENT 1 WHEREAS, the State Two-For-Life Program has provided Emergency Medical Services an 2 additional $9,070 in funds which must be used for supplies and equipment to support the volunteer EMS service, 3 WHEREAS, the Department has identified a need for an additional defibrillator and data processing 4 equipment, and 5 WHEREAS, there is no required City match for these funds. 6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA, that $9,070 be appropriated to the FY 1994-95 Operating Budget to purchase a defibrillator and 8 data processing equipment for the Emergency Medical Services Department, and 9 BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth be increased by 10 $9,070. 11 Adopted by the Council of the City of Virginia Beach, Virginia on the -1l-th day of ---AF...i 1 , 1995. .~ ?,",Jl.~..,.'.".,. ^".~.",-,,-,,"~"""'~""''''~#''~''::1: ~ I " n , r\~ 'r;:~c;~~t~~CV ~J ~ ~J / i~ ~.7'~ ;1 ..- _=.~_.._~~.~---. .1 APPROVED AS TO I ,. ...................... ..................... . . . . . . . . . . . . . . . . . . . . . :::i:::ts;ppr.i.vj~:::~:::'9.:::ii.n1~nt::::"::::';::': Jlil:_lI CRW-D:\OB95\EMS\EMS,ORD - 26 - Item W -J. 7. CONSENT AGENDA ITEM # 39050 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize the City Manager to TRANSFER $802 from the General Fund Reserve for Contingencies to the Department of Mental Health's FY 1994-1995 Operating Budget re reimbursement to two City employees for legal fees and expenses incurred in their defense of charges arising from the performance of their official duties. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker. Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 TRANSFER FUNDS IN THE AMOUNT OF $802.00 FROM 3 THE GENERAL FUND RESERVE FOR CONTINGENCIES TO 4 THE DEPARTMENT OF MENTAL HEALTH'S FY 94-95 5 OPERATING BUDGET FOR THE PURPOSE OF 6 REIMBURSING TWO CITY EMPLOYEES FOR LEGAL FEES 7 AND EXPENSES INCURRED IN THEIR DEFENSE OF 8 CHARGES BROUGHT AGAINST THEM ARISING OUT OF 9 THE PERFORMANCE OF THEIR OFFICIAL DUTIES 10 WHEREAS, two employees of the Virginia Beach Department 11 of Mental Health were each charged with obstruction of justice for 12 actions arising out of the performance of their official duties; 13 WHEREAS, the charges against the employees were nol 14 prossed in the virginia Beach General District Court on March 1, 15 1995, and it has been determined that no further charges will be 16 brought against either employee; 17 WHEREAS, in their defense of said charges, the employees 18 incurred legal fees and expenses of $802.00 and have requested the 19 City to reimburse them for such fees and expenses; 20 WHEREAS, Code of Virginia section 15.1-19.2:1 provides 21 that n[i]f any officer or employee of any county, city or town 22 shall be ... prosecuted on any criminal charge arising out of any 23 act committed in the discharge of his official duties, and no 24 charges are brought or the charge is subsequently dismissed or upon 25 trial he is found not guilty, the governing body of the 26 jurisdiction wherein he is appointed may reimburse such officer or 27 employee for reasonable legal fees and expenses incurred by him in 28 defense of such ... charge ....n; and 29 WHEREAS, the City Attorney's Office has reviewed the 30 circumstances of the case, assessed the itemized bill submitted by 31 the employees' legal counsel, and determined that the legal fees 32 and expenses incurred by each employee are reasonable. 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 That the City Manager is hereby authorized to transfer 36 funds in the amount of $802.00 from the General Fund Reserve for 37 Contingencies to the Department of Mental Health's FY 94-95 38 Operating Budget for the purpose of reimbursing two employees for 39 legal fees and expenses incurred by them in their defense of 40 criminal charges brought against them arising out of the 41 performance of their official duties. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia on this 11th day of Anr; 1 , 1995. 44 CA-5897 45 DATA\ORDIN\NONCODE\FEES.ORD 46 R-3 47 APRIL 3 1995 Ar J' .1\..OVED AS TO CONTENT ~~--~ Department of Managert and Budget Ar J' .1\..OVED AS TO LEGAL SlJ l' l' IL:w.rlCY BeJ53ftmentof Law 2 - 27- Item IV-K.l. CONSENT AGENDA ITEM # 39051 ORDINANCES/RESOLUTION Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to approve issuance of Industrial Revenue Bonds by the Virginia Beach Development Authority, not to exceed $3,000,000, for a 33,570 square-foot office/warehouse in behalf of AI-Anon Family Group Headquarters, Inc. at the Southeast corner of Dam Neck Road and Corporate Landing Industrial Park (PRINCESS ANNE BOROUGH). Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William w: Harrison, Jr. Council Members Absent: Robert K Dean Councilman Harrison ABSTAINED as his law firm represents the applicant. April 11, 1995 " SUl-tI-lARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU~HORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Al-Anon Family Group Headquarters. Inc. World Service Office 2. LOCATION: Southeast Corner of Dam Neck Road and~Corporate Landinq Parkway in Corporate Landing Industrial Pa~k 3. DESCRIPTION OF PROJECT: :B,"70 <>q.Uilrp foot office/warehouse facilit,y 4. AMOUNT OF BOND ISSUE: Not to exceed $3,000,000 I 5. PRINCIPALS: None 6. ZONING CLASSIFICATION: a. Pres~nt zoning classification of the Property I-I b. Is rezoning proposed? Yes No .x c. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BONO FINANCING DATE s February 21. 1995 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Al-Anon Fa.mily Group Headquarters. Inc.. TYPE OF FACILITY: 1. 2. 3. Maximum amount of financing sought $ J. OOO.OOL- Estimated taxable value of the facility's real property to be constructed in the municipality $ .0. 4. Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates .0. $ .0- $ 5. Estimated merchants' capital (business license) tax per year using present tax rates .().. $ 6. Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis 62 $ 1 _ ~47 I :\On 7. 8. Average annual salary per employee $ 1A,7on The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ByJ(~Il--dj r:: /~ Chairman- . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VmGINIA BEACH APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO AL-ANON FAMILY GROUP HEADQUARTERS, INC. WHEREAS, the City of Virginia Beach Development Authority (the"Authority") has considered the application of AI-Anon Family Group Headquarters, Inc., a New York nonstock corporation (the "Company"), for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of a 33,570 square foot office/warehouse headquarters facility (all improvements and land being collectively referred to as the "Facility") to be located on approximately a 5.2 acre parcel of land situated at the southeast comer of Dam Neck Road and Corporate Landing Parkway in Corporate Landing Industrial Park, and has held a public hearing thereon on February 21, 1995; and WHEREAS, the Authority has requested that the City Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, Pursuant to ~ 15.1-1378.1 of the Code of Virginia of 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments, if any, expressed at the public hearing have been filed with the Council of the City; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the issuance of the Bonds by the Authority in a principal amount not to exceed $3,000,000 for financing the acquisition, construction and equipping of the Facility for the benefit of the residents of the City, to the extent required by Section 147(f) of the Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving this Resolution, the City, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from the Authority's failure to issue bonds for the Facility for any reason. 4. That this Resolution shall be take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on March 28, 1995. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held March 28, 1995. Dated: 11 April , 1995 Clerk, City Council of the City of Virginia Beach ~ APPROVED AS TO LEGAL SUFFICIENCY ~~/l , ..,.",,j Doc, No. 94279 February 28. 1995 2 ECONOMIC IMPACT FOR BOND ALLOCATION REVIEW ~.._.- ------------------.---- ._-..---~-- / Economic Impact Stptement 1. Amount of investment Up to $ 3,000.000 2. Amount of industrial revenue bond financing sought ~~ $ 3.000.000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ -0- (tax-exempt) 4. Estimated real property tax per year using present tax rote 5. Estimated personal property tax $ $ -0- -0- 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs W B. Payroll generated $ 2.400.000 Av. Wage $ 40.000 c. Number of jobs retained D. Payroll retained $ Av. Wage $ E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc. ) : . ~ Value Direct Expenditures $1.347.300 Indirect and Induced Expenditures $ 293.400 $ $ $ F. Estimated building permit fee and other municipal fees $ . .._~-+...._~----_.- .. -.- ----------_.-----~_._---- ..... 2 G. Estimated construction payroll $ " ?li.n,OOO- I H. Estimated value of construction material to be purchased within the City of Virginia Beach Estimated number of construction jobs $ 875.000 I. 100 J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes x No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes No x 10. Location of project (attach location map) 11. Explanation of alternative financing that has been reviewed for project I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. , 3 APPLICANT: AL-ANON FAMILY GROUP HEADQUARTERS BY:~~ ~ - H~ L. Patterson Attorney Ni-- Subscribed and sworn to before me this ~ day of February. 1995. ~ rj UL }_ . fcUU-- Notary Public My Commission Expires: i~.31.q(P Exhibit A WHAT 1\FG mm:;s TO REI.OC.ATION Sm by Bill sill 1 1. Internationally J<na..m educational/charity not for profit .........p.lration with 32,000 groups worldwide. 2. Headquarter corporation servi.rq U.S./Canada arrl 102 other countries 3. Publishes literature - annual ootsoorce budget $1,200,090 4. 60 person payrolljbenefits total $2,400,000 5. FL~ rental/lease at $250,000 annual 6. Approximately 12 top salaried euployees transferri.rq to area for rental/purchase of property 7. will be hiri.rq about 50 skilledjsemi-skilled errployees in the $15,000 to $40,000 ra.!'Be 8. Publishes a magazine with 600,000 units distributed annually 9. Purchases paper supplies/printirg supplies for' 4,000,000 ilTprinte::l, on premises, i terns annually 10. Prlnking' services includin;J MasterCard/Visa of 2,000 transactions per year. 11. Visitors from all 50 states and 10 provinces in Canada; approximately 200 each year 12. Arrivals at local ai.rp:>rt, business, volunteer arrl staff of aWLv..drrately 400 per year 13 . Requires the services of outside printers to p.. ~Jce approximately 500,000 books arrl 12,000,000 panpuets per year 14. Annual week-lorg Conference for awLV.G..nately 100 atten:lers from the U. S. arrl Canada 15. 200 rotel nights and associated rreals 16. Use of taxi/car service 400 to airport; 50'between officejhotel 17. Mailing service of 1,000,000 units per year 18. Warehouse operations that fills approximately 36,000 orders annually, employing UPS, USPS and truckin:;J firms for delivery of approximately 50,000 boxes of material 11/16/93 file: rep::>rts\site-ben.afg - 28- Item IV - L. PUBLIC HEARING ITEM # 39052 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 2. ERNESTO ANDRADA, JR. AND FIRST FILIPINO BAPTIST CHURCH 3. KLINE PROPERTIES 4. CONTEL CELLULAR, INC. 5. R. K. BUICK, INC. 6. CH & B ASSOCIATES, THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 AND THOMAS C. AND EIAINE M. KYRUS 7. CITY ZONING ORDINANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONINGS AND CONDITIONAL USE PERMIT AMEND Sees/Flea Markets Certain Eating and Drinking Establishments April 11, 1995 - 29 - Item W-L.1. PUBLIC HEARING ITEM # 39053 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED IN ONE MOTION Items 2, 3, and 7. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr. *, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. ** and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean *Councilman Harrison ABSTAINED on Item L.3. as his law firm represents Kline Properties. **Vice Mayor Sessoms ABSTAINED on Item L.3. as his bank deals with Kline Properties. April 11, 1995 - 30- Item IV-L.2. PUBLIC HEARING ITEM # 39054 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED an Application of ERNESTO ANDRADA, JR. and FIRST FILIPINO BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ERNESTO ANDRADA, JR., AND FIRST FILIPINO BAPTIST CHURCH FOR A CONATIONAL USE PERMIT FOR A CHURCH EXPANSION R04951948 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ernesto Andrada. Jr., and First Filipino Baptist Church for a Conditional Use Permit for a church expansion on the south side of Holland Road, west of Monet Drive. Said parcel is located at 2969 Holland Road and contains 2.215 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A 25-foot landscape buffer will be maintained on the Southern, Eastern and Western sides of the property. Existing vegetation shall be preserved within the buffer. 2. At least 35 trees will be planted within the landscape buffer on the Eastern side as identified on the submitted plan. 3. A right-turn lane shall be installed, as required. 4. Appropriate acoustical treatments must be installed in proposed building structures which would achieve an outdoor-to-indoor noise reduction of at least 30 decibels. 5. The exterior wall finish will be of Dryvit and the roofing material will be shingles. The applicant agrees that the colors of these materials shall be approved by the Design Advisory Group. 6. The interior layout and exterior appearance of the church will substantially adhere to the plans approved by the Design Advisory Group and on file with the Planning Department. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Avril. Nineteen Hundred and Ninetv-Five. April 11, 1995 Item IV - L. 2. - 31 - PUBLIC HEARING ITEM # 39054 (Continued) PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley. Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker. Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 - 32 - Item IV-L.3. PUBLIC HEARING ITEM # 39055 PLANNING Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED an Application of KLINE PROPERTIES, A Virginia General Partnership, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KLINE PROPERTIES, A VIRGINIA GENERAL PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD (autos only) R04951949 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kline Properties, a Virginia General Partnership for a Conditional Use Permit for a bulk storage yard (autos only) at the southeast intersection of Mustang Trail and Lynnhaven Parkway. Said parcel is located at 222 Mustang Trail and contains 1.1 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Stormwater Management Plan will be required for this site. 2. The Board of Zoning Appeals must consider the variance request to required Category VI screening. 3. No loudspeakers will be allowed on this site. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Avril. Nineteen Hundred and Ninetv - Five. April 11, 1995 - 33 - Item IV-L.3. PUBLIC HEARING ITEM # 39055 (Continued) PLANNING Voting: 8-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch. III, Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William Tv. Harrison. Jr. and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Robert K Dean *Councilman Harrison ABSTAINED as his law firm represents Kline Properties. **Vice Mayor Sessoms ABSTAINED as his bank deals with Kline Properties. April 11, 1995 - 34- Item IV-LA. PUBLIC HEARING ITEM # 39056 PLANNING John Midgett, 1200 NationsBank Center, Norfolk, Phone: 623-3000, represented the applicant Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of CONTEL CELLULAR, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER R04951950 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Contel Cellular, Inc. for a Conditional Use Permit for a communications tower at the southwest corner of First Colonial Road and the Norfolk- Virginia Beach Expressway. Said parcel is located at 490 First Colonial Road and contains 4.1896 acres. LYNNHAVEN BOROUGH The following condition shall be required: 1. The requested tower shall be shifted as far Westward on the site as possible. A variance to the required 50-foot setback, from roadways, should be presented to the Board of Zoning Appeals (BZA) for consideration. A minimum 15 -foot setback from Route 44 should be maintained. 2. The specific site plan, dated January 1995, as shown to City Council this date shall be the plan presented to the Board of Zoning Appeals (BZA) for consideration. The Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Avril. Nineteen Hundred and Ninetv-Five. April 11, 1995 - 35 - Item W-L4. PUBLIC HEARING ITEM # 39056 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 - 36- Item W-L.5. PUBliC HEARING ITEM # 39057 PLANNING Hugh L. Paterson, 1800 NationsBank Center, represented the applicant Upon motion by Councilman Branch, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of R. K. BUICK, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF R. K BUICK, INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE STORAGE R04951951 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. K Buick, Inc. for a Conditional Use Permit for automobile storage at the southeast corner of Virginia Beach Boulevard and Lynnhaven Parkway. Said parcel is located at 2661 Virginia Beach Boulevard and contains 29,403 square feet. LYNNHAVEN BOROUGH The following conditions shall be required: 1. All cars will be parked on grassed pavers. 2. This Use Permit shall expire 1 January 1996. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Avril. Nineteen Hundred and Ninetv-Five. Voting: 8-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William Jv. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Robert K Dean *Councilman Harrison ABSTAINED as his law firm represents Kline Properties. **Vice Mayor Sessoms ABSTAINED as his bank deals with Kline Properties. April 11, 1995 - 37- Item IV - L. 6. PUBLIC HEARING ITEM # 39058 PLANNING The following registered in SUPPORT: Attorney R. J. Nutter, represented the applicant Adam Jack, Professional Engineer, 3647 Coleridge Court, Board of Chimney Hill Associates, spoke in SUPPORT of the application. William Cashman, Langley and McDonald, represented the applicant William Schlimgen, Engineer, represented the applicant The following registered in OPPOSITION: Peggie Lee Kennedy, 805 Addison Court, Phone: 631-0900 Robert Williams, 3521 Davies Court, Phone: 340-2858 Gary Tv. Stone, 3642 Chimney Creek Drive, Phone: 498-3462 Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED Ordinances upon Application of CH&B ASSOCIATES, THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 AND THOMAS C. and ELAINE M. KYRUS for Conditional Changes of Zoning and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 & THOMAS C. ELAINE M KYRUS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO B-2 Z04951445 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B Assoc., The Caplan Family Trust 1976. The Fleder Family Trust 1976 & Thomas C. & Elaine M Kyrus for a Conditional Change of Zoning District Classification from A-12 Apartment District to Conditional B-2 Community Business District on certain property located on the southeast side of Holland Road beginning at a point 40 feet more or less northeast of the intersection with Windsor Oaks Boulevard. The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for high density residential use at densities that are compatible with multi-family use in accordance with other plan policies. Said parcel contains 27.9 acres. KEMPSVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE CAPLAN FAMILY TRUST 1976. THE FLEDER FAMILY TRUST 1976 & THOMAS C. ELAINE M. KYRUS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO CONDITIONAL B-2 Z04951446 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B Assoc., The Caplan Family Trust 1976, The Fleder Family Trust 1976 & Thomas C. & Elaine M Kyrus for a Conditional Change of Zoning District Classification from B-2 Community Business District to Conditional B-2 Community Business District on certain property located on the southeast side of Holland Road at the southeast intersection with Windsor Oaks Boulevard. The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for retail/service use in accordance with other Plan policies. Said parcel contains 4.1 acres. KEMPSVILLE BOROUGH. April 11, 1995 - 38 - Item W-L.6. PUBliC HEARING ITEM # 39058 (Continued) PLANNING AND, ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 & THOMAS C. ELAINE M. KYRUS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO CONDITIONAL B-2 Z04951447 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B Assoc., The Caplan Family Trust 1976, The Fleder Family Trust 1976 & Thomas C. & Elaine M. Kyrus for a Conditional Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on certain property located 700 feet more or less southeast of the intersection of Holland Road and Windsor Oaks Boulevard. The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of the parcel for low density residential use at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 9.7 acres. KEMPSVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 & THOMAS C. & ELAINE M. KYRUS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R04951952 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CH & B Assoc., The Caplan Family Trust 1976, The Fleder Family Trust 1976 & Thomas C. & Elaine M. Kyrus for a Conditional Use Permit for an automobile repair establishment on certain property located at the southeast intersection of Holland Road and Windsor Oaks Boulevard. Said parcel contains 3.5 acres. KEMPSVILLE BOROUGH. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. These Ordinances 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 Eleventh of Avril. Nineteen Hundred and Ninetv-Five. April 11, 1995 Item IV-L.6. - 39 - PUBLIC HEARING ITEM # 39058 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch. I/I, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 ~O~M "'0. P,$. Ie City of Virgi:r1ia .J::::ieach.. INTER-OFFICE CORRESPONVENCE .. In Reply Refer To Our File No. DF-94-3803 DATE: March 27, 1995 TO: FROM: Leslie L. Lilley William M. Macali vA DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application - CH&B Associates, et al The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 11, 1995. I have reviewed the subject proffer agreement and have detennined it to be legally sufficient and in proper legal fonn. Although some of the signatures appear on individual pages, they are binding in all respects nevertheless. Paragraph 6 of the agreement references a cenain landscape plan on file in the Planning Department. That plan does not show foundation and parking lot landscaping sufficient to meet City requirements; that matter has, however, been the subject of discussions between the applicant's attorney and the Planning Department, and it has been made clear that the provisions of Paragra,>h 6 do nOl supplant the City's ordinances. Paragraph 10 of the agreement, in fact, expressly allows the City to impose further conditions during Site Plan review. Please feel free to call me .if you have any questions or wish to discuss this m~tter further. A copy of the agreement is attached. WMM Enclosure ~4~S AGREEMENT, made this 21st day of February 1995, by and between CH&B ASSOCIATES, a Virginia General Partnership comprised of the CAPLAN FAMILY ~AuST 1976, General Partner by ROSB CAPLAN, Trustee and the FLEDER FAMILY ~^uST 1976, General Partner by 'ESJ.ru!.A FLEDER, 'l"rustee: and ROSE CAPLAN, Trustee of the CAPLAN FAMILY ~Au~T 1976: and ES~n~~ FLEDER, Trustee of the FLEu~ FAMILY d\,uST 1976: and THOMAS C. KYRUS and ELAINE M. KYRUS, (hereinafter collectively referred to as Grantors), and the CITY OF VIRGINIA BEACH, a municipal corporation of the C.........onwealth of Virginia (hereinafter referred to as Grantee). WITNESSETH: WHEREAS, Grantors have initiated a series of applications for an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Grantor's Property from B-2 (Commercial), A-12 (Multi-family) and R-7.5 (Single Family) to B-2 Conditional, on certain Property which contains a total of 41.7 acres, more or less, in the Kempsville Borough, of the City of Virginia Beach, Virginia, more particularly' described in the attached Exhibit' A, hereinafter "the Property". WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including ", '.'. ,.......,.~..,...;. .-..:r:,-Coo"'" _ 'l"rW ~~. . office purposes, through zoning and other land development legislationl and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to .. permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation which the Grantors rezoning application gives rise to; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the lequlations provided for in the existing B-2 zoning district by the existing City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall -2- _.. ~.__-,' ,...n............... ..._.. "'- .....1_. ............. continue in full force and effect until a subsequent amend- ment changes the zoning on the Property covered by such conditions: provided, however, that such conditions shall continue despite a subsequent amer.dment if the subsequent amendment is pare of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the toregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Of- fice of the Circuit Court of the city of Virginia Beach, Virg-inia, and executed by the record owner of the subject Property at the time of recordation of such instrument: provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, for themselves, their suc- cessors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac- tion from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site Plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restric- tions as to the physical development and operation of the -3- "\ Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding upon tIle Property and upon all parties and persons claiming under or through the Grantors, its heirs, personal represent~ives, assigns, grantees and other succes- sors in interest or title, namely: 1. The Property shall be developed substantially as shown on the exhibit entitled "Preliminary Site Plan Super Kmart Virginia Beach, Virginia" dated February 16, 1995, and prepared by Langley and McDonald, P.C., said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "site Plan"). 2. Grantor shall dedicate a 96 foot wide right-of-way extension on Windsor Oaks Boulevard from the current intersection of Windsor Oaks Boulevard and Holland Road to the intersection of Windsor C~ks Boulevard and South Independence Boulevard. Said dedication shall be made upon the completion of the improvements to Windsor Oaks Boulevard as specified in the Proffer 3. 3. Grantor shall construct, to applicable Virginia Beach standards, a four lane divided extension for Windsor Oaks Boulevard within the proposed right-of-way referenced in Proffer 2. Within the portion of the right-o(-way contiguous to the Super Kmart Center, Grantor shall install turn lanes, median strips, a bike path, sidewalk and landscaping within the median strips. within the balance of -4- , II the right-of-way, south of the Super Kmart Center, Grantor shall install a bike path, sidewalk and landscaped median islands in addition to th~ four lane divided arterial roadway in accordance with the applicable City standards. The improvements referenced within this Proffer shall be installed substantially as sh..a.. on the exhibit entitled "Typical Section N.T.S. Windsor Oaks Boulevard Extended", dated 2/20/95, prepared by the TAF Group, said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Cross Section"). 4. Grantor shall install traffic signalization at the access to the Property at the intersection of Governor's Way and Holland Road. 5. Grantor shall complete all of the above-referenced dedications, street improvements and traffic signalization installation prior to the opening of the Super Kmart Center on the Property. In the event that the improvements and dedications referred to in proffers 2, 3 and 4 have not been included in the City's five year CIP at the time of the proposed dedication, the Grantors agree to execute an appropriate agreement in a form acceptable to the City Attorney, to assure that such dedications and improvements will be conveyed to the City upon the inclusion of said projects in the CIP. If the Property and/or improvements proffered by the Grantors in proffers 2, 3 and 4 are not used by the Grantee within the twenty years for-the purpose for -5- ~""'.;~.~~.~~I~~-. . . which they proffered, then such Property and/or funds paid or unused may be used by the City of Virginia Beach for additional right-of-way improveme~ts at Holland Road and Windsor Oaks Boulevard. .. 6. Grantor shall construct fencing, berming and landscaping on the Property SUbstantially as shown on the landscape plan entitled "Conceptual Planting Plan Kmart and Out Parcels, Virginia Beach, Virginia" dated February 16, 1995 and prepared by Langley and McDonald, P.C., said exhibit being the same exhibit being submitted to the City Council and on file in the PJ anning r'epartment of the City of Virginia Beach (hereinafter "Landscape Plan") 7. Free standing signs located on the Property shall all be of a monument type design substantially similar to that depicted in the attached exhibit entitled "Super Kmart Center Sign", dated 2/20/95, said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Sign Plan"). The monument style freestanding sign located at the entrance to ~he Property at Governor's Way and Holland Road shall be similar in design to the sign depicted on the Sign Plan but not identical in order to facilitate tenants withj~ the a~ea shown as "Future Development" on the Site Plan. T0 the extent the number of freestanding signs require the approval of the Board of Zoning Appeals, such signs shall substantially comply with the exhibit designated as the "Sign Plan". -6- "'~:'t.' _ .,,;.,.... _....j.JIi.(,:.:.._~- i 1llila.JMlll. 8. Lighting installed along the western boundaries of the Property shall be either directed inwardly toward the Property or if mounted on the exterior of the buildings and shielded so as tQ prevent any direct reflection toward the adjacent residential districts. In addition, the truck loading. areas and dumpster areas shall be located substantially as shown on the site Plan. Any loading areas and dumpster areas on Out Parcel No.1, shall be screened by fencing from the western property line and oriented away from the western property line. 9. The exterior of the Super Kmart building shown on the site Plan shall be substaJtially similar in appearance to the rendering entitled "Super Kmart Center", prepared by Walker, Woodward Architects, P.C., dated 2/20/95, said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Rendering"). The architectural style and the building materials to be used in the construction of the building denoted as "Future Development" on the site Plan shall be substantially similar with the architecture and building materials used in the Super Kmart building, except as necessary to accommodate a regionally or 'nationally recognized, consistent building exterior o( the applicable building space. 10. Further conditions may be required by the Grantee during detailed site plan and/or SUbdivision review and administration of applicable city codes by all cognizant City -7- -....' ". agencies and departments tc meet all applicable city code requirements. All references hereinabove to zoning districts and to regulations applicable thereto refer to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such condi- tions, including mandatory or prohibitory injunction, abate- ment, damages' or other appropriate action, suit or proceed- ings: (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate: (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, t~e CZO or this Agreement, the Grantors shall petition to the governing body for the review thereof prior to instituting proceedings in court: and (4) the Zoning Map show by an aIpropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the -8- .._....-..bt.... ._.~.ru..1>>l4.~I...I.I',~".. .;eV!i conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. ,- -9- '. WITNESS the following signatures and seals: CB&B ASSOCIATES .. The Caplan Family Trust 1976, Greneral Partner By: I? ~ (J~ Rose "caplan,QTrustee -10- '\ .. The Fleder Family Trust 1976, General Partner .". By:L~LI ~:.LLA.-. , , /" Trustee , -11- " -- ...~ CAPLAN FAMILY TRUST 1976 By: -12- (i(~~c!~ Rose capla~ Trustee ...&"U. FLEDER FAMILY ~AJST 1976 ~/',~A .. -13- \.. , Trustee 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 (2) (3) walls and roof with no exterior opening, other than passage-way doors as may be required by the Virginia Uniform statewide Building Code; (ii) Such enclosed structure shall be located entirely within the same structure enclosing the principal use; and (iii) No entrances or exit to a use permitted in conjunction with hotels and motels shall be located on the side of the structure facing the boardwalk, unless such entrance or exit provides access to a courtyard or intervening open area, in which case such open area shall be fully fenced or walled to a height of at least four (4) feet and without any entrances or exits facing the boardwalk. The only exceptions to this condition apply to boardwalk cafes as permitted by special regulations established in franchise agreements approved by city council. (iv) Parking structures shall be permitted in conjunction with hotels and motels provided that ground level parking fronting Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps. Public buildings and grounds. Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided further, that utili ties substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall 3 100 require only a landscaped screening hedge, solid 101 except for access opening. 102 (4) Bicycle rental establishments in conjunction with 103 hotels and motels, subject to the following: 104 (i) Such establishments shall be no less than two 105 hundred (200) feet in area and shall have 106 minimum dimensions of ten (10) feet by twenty 107 (20) feet; 108 (ii) The area upon which bicycles are displayed 109 shall be paved and the perimeter thereof 110 delineated by 8" x 8" timber curbing, except III at the point of ingress and egress; 112 (iii) No more than twenty (20) bicycles shall be 113 stored or displayed in the rental area at any 114 one time, repairs shall not be conducted in 115 the rental area, and no rental activity shall 116 be conducted on public property; 117 (iv) No more than one (1) sign identifying any such 118 establishment shall be permitted, and no such 119 sign shall exceed four (4) square feet per 120 face in surface area, be illuminated, or 121 encroach into any portion of the public right- 122 of-way; and 123 (v) Points of ingress of any such establishment 124 located adjacent to public property shall be 125 directly connected to the boardwalk bicycle 126 path by means of an existing sidewalk, street 127 or connector park. 128 (b) Conditional uses and structures: Uses and structures 129 hereinafter specified, subject to compliance with the provisions of 130 part C of article 2 hereof: 131 (1) Commercial parking lots and parking garages. 132 121 Restaurants ooerated in coni unction with hotels or 133 motels where all three of the followina occur: 134 lil Alcoholic beveraaes are served; 4 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 -ttT l.ll -t3+ ill -t4+ 121 (iit The establishment ooerates at anv time between 12:00 midnicrht and 2:00 a.m.: and (iii) The establishment excludes minors (oersons under twentv-one (21) years of acre durincr anv oart of the dav. Heliports and helistops. Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise. Satellite wagering facility. Sec. 1511. [RT-2] Use regulations. (a) princioal uses and structures: For parcels less than fourteen thousand (14,000) square feet in size, anyone of the following is allowed: (1) Auditoriums and assembly halls; (2) Boat sales; (3) Business studios, offices, clinics and medical laboratories; (4) Bicycle rental establishments; (5) Child care and child care education centers; (6) Commercial parking lots, parking garages and storage garages; Commercial recreation facilities other than those (7) of an outdoor nature; (8) Eating and drinking establishments, except as specified in subsection (c) (6); (9) Financial institutions; (10) Funeral homes; 5 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 (11) (12) (13) (14) (15) (16) (17) Museums and art galleries: Off-site parking facilities, provided the provisions of section 1505 are met: Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises: Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs: Public buildings and grounds: Public utilities installations and substations including offices: provided storage or maintenance facilities shall not be permitted: and provided, further, that util i ties substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height: and provide also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening: Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises: retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park or school. 6 203 For parcels greater than fourteen thousand (14,000) square feet, 204 anyone of the following additional uses is allowed: 205 (18) Multifamily dwellings; 206 (19) Motels and hotels which may have in conjunction 207 with them any combination of restaurants, retail 208 commercial use and convention facilities, provided 209 that uses in conjunction with hotels and motels may 210 not occupy more than ten (10) percent of the floor 211 area of all structures (excluding parking) located 212 on the lot. 213 For parcels greater than forty thousand (40,000) square feet, any 214 of the above permitted uses may be used in combination on the same 215 zoning lot with other permitted uses. 216 (b) Accessorv uses and structures: Uses and structures which 217 are customarily accessory and clearly incidental and subordinate to 218 the principal uses and structures: 219 (1) An accessory activity operated for profit in a 220 residential dwelling unit where there is no change 221 in the outside appearance of the building or 222 premises or any visible or audible evidence 223 detectable from outside the building lot, either 224 permanently or intermittently, of the conduct of 225 such business except for one (1) nonilluminated 226 identification sign not more than one (1) square 227 foot in area mounted flat against the residence; 228 where no traffic is generated, including traffic by 229 commercial delivery vehicles, by such activity in 230 greater volumes than would normally be expected in 231 the neighborhood, and any need for parking 232 generated by the conduct of such activity is met 233 off the street and other than in a required front 234 yard; where the activity is conducted on the 235 premises which is the bona fide residence of the 236 principal practitioner, and no person other than 237 members of the immediate family occupying such 7 238 dwelling unit is employed in the activity; where 239 such activity is conducted only in the principal 240 structure on the lot; where there are no sales to 241 the general public of products or merchandise from 242 the home; and where the activity is specifically 243 designed or conducted to permit no more than one 244 (1) patron, customer, or pupil to be present on the 245 premises at anyone time. The following are 246 specifically prohibited as accessory activities: 247 Convalescent or nursing homes, tourist homes, 248 massage parlors, radio or television repair shops, 249 auto repair shops, or similar establishments. 250 (c) Conditional uses and structures: Uses and structures 251 hereinafter specified, subject to compliance with the provisions of 252 part C of article 2 hereof: 253 (1) Automobile and small engine repair establishments, 254 provided that all repair work shall be performed 255 within a building; 256 (2) Automobile service stations; provided that, where 257 there is an adjoining residential or apartment 258 district without an intervening street, alley or 259 permanent open space over twenty-five (25) feet in 260 width and where lots separated by a district 261 boundary have adjacent front yards, a six-foot 262 solid fence shall separate the automobile service 263 station use from the adjacent residential district 264 and no ground sign shall be within fifty (50) feet 265 of the residential or apartment district; 266 (3) Car wash facilities, provided that: 267 (i) No water produced by activities on the zoning 268 lot shall be permitted to fall upon or drain 269 across public streets or sidewalks or adjacent 270 properties; 8 271 272 273 274 (4) (5) l.2l 275 276 277 278 279 280 281 282 , ~ .: .: \ \ ~~""I 283 284 ~.~ 285 286 287 288 289 (7) (8) 290 291 292 293 294 295 (9) (10) ( 11) 296 297 298 299 300 (12) 301 302 303 (ii) A minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility; Churches; Dormitories for marine pilots; Eatina and drinkina establishments where all ~~~~ three of the following occur: (i) Alcoholic beverages are served; I .: .: \ -, - - , __..._1-,.:_.....___... -- ---..... .......................-......- ....:.........: - ...... -................ ..1/::': ...._ ~a:: ~&=::-=::= 1-.._...:1__...:1 !....IC:...O..n\ ~-, a-:: ~::s-i€.~::-=:.::~ SF .c__.a. ~~~~~~~~~ ~=~=~; (iit The establishment operates at any time between 12:00 midnight and 2:00 a.m.; and (iiil The establishment excludes ~~::SF= fpersons under e4;~-=eeft ~:~~ twentv-one (2lt years of ageT during any part of the day, ~~~-::.aes cntcrt;),inmcn~ , .. ~, ... ClUQ.;a..D..L e ~d.j~~:::.~~ ffe.~" ~~~::~t,y+..!... Heliports and helistops; Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, other than those covered under permitted principal uses and structures hereinabove, when not operated by a public agency; Home occupations; Hospitals and sanitariums; Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; Mini-warehouses, provided that the yard shall be completely enclosed except for necessary openings for ingress and egress by a fence or wall not less than six (6) feet in height; 9 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 (13) Motor vehicle sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; Passenger transportation terminals; Public utility storage or maintenance installations; Radio and television broadcasting stations and line-of-sight relay devices; Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; Satellite wagering facility. (14) (15) (16) (17) (18) Sec. 1521. [RT-3] Use regulations. (a) princinal uses and structures: For parcels less than twenty thousand (20,000) square feet in size, anyone (1) of the following is allowed: (1) Auditoriums and assembly halls; (2) Boat sales; (3) Business studios, offices, clinics and medical laboratories; (4) Bicycle rental establishments; (5) Child care and child care education centers; (6) Commercial parking lots, parking garages and storage garages; (7) Commercial recreation facilities other than those of an outdoor nature; (8) Eating and drinking establishments, except as specified in subsection (c) (6); 10 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 (9) (10) ( 11) (12) (13) (14) (15) (16) (17) Financial institutions; Funeral homes; Museums and art galleries; Off-site parking facilities, provided the provisions of section 1505 are met; Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises; Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; Public buildings and grounds; Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utili ties substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening; Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any 11 372 apartment or residential district, single- or 373 multiple-family dwelling, church, park or school. 374 For parcels greater than twenty thousand (20,000) square feet, any 375 of the following additional uses are allowed and may be used in 376 combination with any of the permitted uses listed above: 377 (18) Multifamily dwellings when developed in conjunction 378 on the same parcel with other allowed uses where 379 the floor area of the multifamily dwelling does not 380 exceed seventy (70) percent of the total floor area 381 of the entire project; 382 (19) Motels and hotels which may have in conjunction 383 with them any combination of restaurants, retail 384 commercial use and convention facilities, provided 385 that uses in conjunction with hotels and motels may 386 not occupy more than ten (10) percent of the floor 387 area of all structures (excluding parking) located 388 on the lot. 389 (b) Accessorv uses and structures: Uses and structures which 390 are customarily accessory and clearly incidental and subordinate to 391 the principal uses and structures: 392 (1) An accessory activity operated for profit in a 393 residential dwelling unit where there is no change 394 in the outside appearance of the building or 395 premises or any visible or audible evidence 396 detectable from outside the building lot, either 397 permanently or intermittently, of the conduct of 398 such business except for one (1) nonilluminated 399 identification sign not more than one (1) square 400 foot in area mounted flat again against the 401 residence; where no traffic is generated, including 402 traffic by commercial delivery vehicles, by such 403 activity in greater volumes than would normally be 404 expected in the neighborhood, and any need for 405 parking generated by the conduct of such activity 406 is met off the street and other than in a required 12 407 front yard; where the activity is conducted on the 408 premises which is the bona fide residence of the 409 principal practitioner, and no person other than 410 members of the immediate family occupying such 411 dwelling unit is employed in the activity; where 412 such activity is conducted only in the principal 413 structure on the lot; where there are no sales to 414 the general public of products or merchandise from 415 the home; and where the activity is specifically 416 designed or conducted to permit no more than one 417 (1) patron, customer, or pupil to be present on the 418 premises at anyone time. The following are 419 specifically prohibited as accessory activities: 420 Convalescent or nursing homes, tourist homes, 421 massage parlors, radio or television repair shops, 422 auto repair shops, or similar establishments. 423 (c) Conditional uses and structures: Uses and structures 424 hereinafter specified, subject to compliance with the provisions of 425 part C of article 2 hereof: 426 (1) Automobile and small engine repair establishments, 427 provided that all repair work shall be performed 428 within a building; 429 (2) Automobile service stations; provided that, where 430 there is an adjoining residential or apartment 431 district without an intervening street, alley or 432 permanent open space over twenty-five (25) feet in 433 width and where lots separated by a district 434 boundary have adjacent front yards, a six-foot 435 solid fence shall separate the automobile service 436 station use from the adjacent residential district 437 and no ground sign shall be within fifty (50) feet 438 of the residential or apartment district; 439 (3) Car wash facilities, provided that: 13 440 441 442 443 444 445 446 447 (4) (5) (6) 448 449 450 451 452 453 454 455 , ..: .: ..: \ ,~~~, 456 457 ~.~ 458 459 460 461 462 (7) (8) 463 464 465 466 467 468 (9) (10) ( 11) 469 470 471 472 473 (12) 474 (i) No water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) A minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility; Churches; Dormitories for marine pilots; B~~ina and drinkina establishments where all ~ three of the following occur: (i) Alcoholic beverages are served; ,.!..:, rn......_ -,~~, __..L-_'-,..:_......___.L.. -- ---..... --.........-......- ~a:::::t.:::e. .....:.L..........:_ ---....-.... :HYe ~:.:.;::~::. !....b...O.."" \--"JV_/ .c__.... _.c ::-::: s4-Ek;:: t. ::.:: ~ ~ ::~::::-t.=:::;::~:::t.::-::.:::t.: (iit The establishment operates at any time between 12:00 midnight and 2:00 a.m.; and Jiiit The establishment excludes . =::.;::~::: fpersons under eighteen {:~~ twentv-one (2lt years of ageT during any part of the day, ~::-:::.:::.aee r:--....>.--....- ~ ---..-..-.... -"':"i&_~.a.:. '-"'-I...L.&.&~I.''''-.l..&'''', ::aa-~z~:: ~.. :: ;::::.;::~ ff~= ftF-r>-Hy-t-..!.. Heliports and helistops; Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, other than those covered under permitted principal uses and structures hereinabove, when not operated by a public agency; Home occupations; Hospitals and sanitariums; Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; Mini-warehouses, provided that the yard shall be completely enclosed except for necessary openings 14 475 for ingress and egress by a fence or wall not less 476 than six (6) feet in height; 477 (13) Motor vehicle sales and rental, provided the 478 minimum lot size is twenty thousand (20,000) square 479 feet; 481 (14) (15) Passenger transportation terminals; 480 Public utility storage or maintenance 482 installations; 483 (16) Radio and television broadcasting stations and 484 line-of-sight relay devices; 485 (17) Recreational and amusement facilities of an outdoor 486 nature, which may be partially or temporarily 487 enclosed on a seasonal basis with approval of city 488 council, provided that, in the development of such 489 properties, safeguards are provided to preserve and 490 protect the existing character of adj acent 491 properties, except that riding academies and 492 recreational campgrounds shall not be allowed as a 493 conditional use or otherwise. 494 (18) Satellite wagering facility. 495 Adopted by the Council of the City of Virginia Beach on 496 the 11 th day of Aoril , 1995. 497 CA-94-5737 498 \ordin\noncode\E&D.orn 499 R-4 500 February 16, 1995 15 - 41 - Item W-M.l. APPOINTMENTS ITEM # 39060 Upon NOMINATION of Vice Mayor Sessoms, City Council APPOINTED: SPORTS AUTHORITY OF HAMPTON ROADS Walter J. Wilkins Unexpired term thru 05/31/98 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William Jv. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 - 42 - Item IV-M2. APPOINTMENTS ITEM # 39061 Upon NOMINATION of Vice Mayor Sessoms, City Council APPOINTED: TIDEWATER REGIONAL GROUP HOME COMMISSION Jody M. Wagner Unexpired term thru 06/30/98 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William w: Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean April 11, 1995 - 43 - Item IV-D.J. CITY COUNCIL SPONSORED ITEM ITEM # 39062 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 6 of the Code of the City of Virginia Beach by ADDING a new Section 6-16.1 re establishment of a recreational swimming area and AMENDING Section 6 -120.1 re personal watercraft. (Sponsored by Councilman w: w: Harrison, Jr.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood D. Branch, III, William w: Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean This item was BROUGHT FORWARD prior to the Planning Agenda. April 11, 1995 Requested by Councilmember William W. Harrison, Jr. 1 AN ORDINANCE TO AMEND AND REORDAIN 2 CHAPTER 6 OF THE CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA BY ADDING A 4 NEW SECTION 6-16.1 AND AMENDING 5 SECTION 6-120.1 PERTAINING TO 6 ESTABLISHMENT OF RECREATIONAL 7 SWIMMING AREA, AND PERSONAL 8 WATERCRAFT, RESPECTIVELY 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Chapter 6 of the Code of the City of Virginia Beach, 12 Virginia, is hereby amended and reordained by adding a new section 13 6-16.1 and amending section 6-120.1 to read as follows: 14 15 Sec. 6-16.1. Recreational area for swimmina and other water activities. 16 .@.l The citv of Virainia Beach herebv finds and declares 17 that. due to the larae number of adults and children who enaaae i~ 18 swimmina. wadina. crabbina. fishina and other water activities in 19 the waters ad;acent to the sand beaches of the Chesapeake Bay. the 20 operation of motorboats in such waters when close to shore nresents 21 a substantial danaer to the public. Bv adoption of this section, 22 it is the intent of the city to promote the public health. safetv. 23 welfare and aood order bv restrictina the operation of motorboats 24 in such waters. and thereby alleviatina this danaer. 25 iQl Durina the period Mav 1 throuah October 15 of ea0h v~~r. 26 from 10:00 a.m. until sunset, the area adiacent to the beaches of 27 the Chesapeake Bav. extendina one hundred (100) yards seaward from 28 the shoreline. and extendina eastward from the eastern boundary of 29 the Little Creek Naval Amphibious Base to the western boundary o~ 30 Ft. Storv. is herebv desianated as a recreational area fo~ 31 ~wimmina. wadina. crabbina. fishina and other water activities not 32 involvina the use of motorboats~ nrovided. however. that the area 33 so established shall not be deemed to include the naviaable waters. 34 of the Lvnnhaven Inlet. Within such desianated area. it shall be 35 1.1.!1I<:iwf1.lJ. fo:r anv person to operate any motorboat except when 36 proceedina to or from the beach or an anchoraae, at an anale 37 perpendicular to the shoreline, at the minimum speed reauired to 38 maintain steeraae and headwav. and while maintainina a distance of 39 no less than fiftv (50) feet from anv nerson or nersons in the 40 water. 41 1Ql Anv nerson enaaaed in the business of the rental of. 42 motorboats. and anv nerson who nrovides. for a fee. a ramn or other 43 launchina services for the launchina of motorboats into waters 44 accessible to the area desianated in subsection (b' of this 45 section. shall be reauired to nost. in a clear. consnicuous and 46 sufficient manner. a sian indicatina that local law nrohibits any 47 nerson from oneratina a motorboat in such desianated area from Mav 48 1 throuah October 15 of each Year. excent when oroceedina to or 49 from the beach or an anchoraae. at an anale nernendicular to the 50 shoreline. at the minimum sneed reauired to maintain steeraae and 51 headwav. and while maintainina a distance of no less than fifty 52 (50) feet from anv nerson or oersons in the water. 53 54 Sec. 6-120.1. Personal watercraft; flotation device required; 55 hours of operation; distance from shore, etc. 56 (a) No person shall, in any waters of the city, including the 57 marginal adjacent ocean: 58 (1) Operate a personal watercraft unless any person riding or 59 being towed behind the personal watercraft is wearing a 60 type I, type II, type III or type V personal flotation 61 device of a type approved by the united states Coast 62 Guard; 63 (2) operate a personal watercraft at any time between sunset 64 and sunrise; 66 (3) Operate a personal watercraft at a distance of less than fifty (50) feet from any shore, pier, bulkhead or the 65 67 boundary of any designated swimming area, or from 68 swimmers in the water, except when proceeding to and from 69 waters where operation of personal watercraft is not 70 restricted; 71 (4) Operate a personal watercraft unless he/she is at least 72 fourteen (14) years of age; 73 (5) Operate a personal watercraft unless the lanyard is 74 attached to his person, clothing, or personal flotation 2 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 device, if the personal watercraft is equipped with a lanyard-type engine cut-off switch; (6) Operate a personal watercraft while carrying a number of passengers in excess of the number for which the craft was designed by the manufacturer. l1l When launchina or landina a oersonal watercraft. ( i) annroach or denart from anv beach at other than an anale nernendicular to the shoreline. or (ii) nroceed at a sneed areater than that which is necessarv to maintain control of such watercraft. Adopted by the City council of the City of virginia Beach on this 11 th day of Andl 1995. CA-5804 DATAjORDINjPROPOSEDj6-l6-1ET.ORD APRIL 6, 1995 R8 flu.r AOVED AS TO LEGAL su~r~ _...____/Department of Law 3 Item W-P. ADJOURNMENT - 44- ITEM # 39063 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:35 P.M. ~--~~~~------ Beverly 0. Hooks, CMC Chief Deputy City Clerk o cJ~~~___ ~ Smith, CMC/AAE City Clerk City of Virginia Beach Virginia Meyera E. Oberndorf Mayor April 11, 1995