HomeMy WebLinkAboutDECEMBER 17, 1991 MINUTES
"WORLD'S LARGEST RESORT Cffy'.
CITY COUNCIL
M.IOR -EIEM E,
'ICE MAYOR @OBERI E FEITM.. I ......
1.@l A, ..M.
-KRT W. @LYBU-, K-,.,,,,
IfIR.W
-.@ R, J.1@,
PAUL]. "NTEIGIE. I.-
NM@y K. PA@ER. A,
WiW- D. JR,, Al.@,
IWE@ K. $@M. C., M.@._ 2@l Ty H@@ BUIWIIG
U@E L U@y. @@l, All,.., CITY COUNCIL AGENDA .-icil@L 'E".
RUIII 110-@ I.lTii, IMI@ / -E, 1.1, C.@ RI;INIA BEA-, 'IRGIIIA II.I.-
DECEMBER 17, 1991
ITEM 1. INFORMAL SESSION Council Chamber - 12:30 PM
A. CALL TO ORDER Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend J. D. Seward
Brook Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. PENDLETON CHILD SERVICE CENTER CAROLERS
E. ELECTRONIC ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF EXECUTIVE SESSION
G. MINUTES
1. INFORMAL & FORMAL SESSION - December 10, 1991
H. CITY COUNCIL REPORT
1. PUBLIC-USE GOLF COURSE COMMITTEE
Sheppard H. C. Davis, Chairman
Leo C. Wardrup, Jr.
1. RESOLUTIONS
1. Resolution directing the Planning Department and Planning
Commission create a "Greenways and Trails Plan", incorporate
utility easements and other rights-of-way, recommend changes in the
Master Bikeway Plan; and, develop incentives, suggestions and
recommended ordinances to promote the development of a
Comprehens I ve Greenways, Tra i I s and B I keways P I an. (Sponsored by
Council Lady Reba S. McClanan)
Deferred: December 3, 1991
2. Resolution endorsing the "City ot Virginia Beach 1992 Legislative
Proposals"; and, directing the City Manager to forward a copy of
this resolution with the proposals to each Member of the General
Assembly representing the City of Virginia Beach, Virginia.
3. Resolution directing the Planning Commission study and make
recommendation re strategies to avoid conflicts between restaurants
serving alcoholic beverages and nearby residential neighborhoods.
(Sponsored by Vice Mayor Robert E. Fentress)
J. PUBLIC HEARING
1. PLANNING
a. RECONSIDERATION OF CONDITION Number 5 in the June 1, 1987,
Approved Application of OLD DONATION FARM PARTNERSHIP for
Variances to Section 4.1(b)(1), Section 4.4(b), Section 5.2 and
a Conditional Use Permit for an open space promotion at the
Southeastern terminus of Pembroke Boulevard, containing 32.829
acres (BAYSIDE BOROUGH).
Scheduled for Reconsideration: November 26, 1991
b. Application of JOHN S. and VERNA C. FLOYD for a Variance to
Section 4.4(b) ot the Subdivision Ordinance which requires all
lots created by subdivision meet all the requirements of the
City Zoning Ordinance, at 4624 Guam Avenue (BAYSIDE BOROUGH).
Recommendation: APPROVAL
c. Application of E. EUGENE COOKE to authorize a change in
a nonconforming use at 6102 Oceanfront Avenue (to construct an
addition to the single-family home and replace the flat roof by
installing a pitched root on two existing structures)
(LYNNHAVEN BOROUGH).
Staff Recommendation: APPROVAL
d. Application of MERCHANTS, INC. for a Conditional Use Permit
for an automotive repair establishment (installation of tires)
at the Northeast corner of Virgi ulevard and
Constitution Drive, containing 6,400 square feet
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
e. Application of LOTUS CREEK ASSOCIATES for Modification to Land
Use Plan for the Lotus Creek PD-H2 Planned Unit Devel7pm-ent
District at 2700 twoodtown Road, containing 81.2 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
f. Application of GENERAL RENTAL CO., INC., d/b/a Taylor Rental
Center for a Conditional Use Permit for motor vehicle rental on
the North si e f Virgin,a B..ch Boulevard, 650 feet more or
less East of Davis Street (5444 Virginia Beach Boulevard),
containing 1.922 acres (BAYSIDE BOROUGH).
Recommendation: DENIAL
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course ot business by City Council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance authorizing the City Manager to convey real estate to the
Virginia Department of Transportation re Princess Anne Road
Phase Ill Project (CIP 2-820).
2. Ordinance authorizing a temporary encroachment into a portion of
the rights-of-way of Crystal Drive and Crystal Lake Drive to Warren
and Paula P. Pechan re construction and maintenance of a fence and
landscaping with permission for retention of an existing brick wall
(LYNNHAVEN BOROUGH).
3. LOW BID
a. WATERFRONT MARINE West Neck Bridge $1,659,807.45
CONSTRUCTION, INC. CIP 2-040
Deferred: November 26, 1991
Deterred Indefinitely: December 3, 1991
4. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Atlantic Limousine, Inc.
5. Ordinance authorizing tax refunds in the amount of $8,971.75.
6. Ordinance authorizing license refunds in the amount of $108,085.44.
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
12/12/91 cmd
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginla
December 17, 1991
Mayor Meyera E. Oberndorf cailed to order the INFORMAL SESSION f the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on December 17,
1991, at 12:30 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
None
- 2 -
C 0 N C E R N S 0 F T H E M A Y 0 R
12:30 P.M.
ITEM # 35174
Mayor Oberndorf distributed copies of correspondence from Kenneth Alois
Zelubowski, Certified Pubi ic Accountant, dated December 17, 1991, for City
Counci I to respond re the Community Services Board FY 1992-1993 Budget. Said
letter is hereby made a part of the record.
- 3 -
ITEM # 35175
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
r.sp.ct.ve -andidates 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: Bond Referenda Committee
Hampton Roads Planning District Commission
Military Liaison Commission
Parks and Recreation Commission
Resort Area Advisory Commission
Southeastern Public Service Authority
2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A) (3).
To-Wit: Acquisition of property for relocation of Dredge Operation Division
- Lynnhaven Borough.
Acquisition of school site - Kempsviile Borough.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit: Redford v. City of Virginia Beach
6tate of North Carolina. et al v. Citv of Virginia Beach
Old Donation Farm Partnership - Agenda Item II J IA
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 4 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CFTY COUNCIL
December 17, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui Iding, on Tuesday,
December 17, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend J. D. Seward
Brook Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 5 -
Item I I -D. ITEM # 35176
The Pendieton Child Service Center Carolers sang Christmas Songs for the City
Council. The following children participated:
Krista Rapp
Jasen Schrelber
Eric DoPonceau
Tawana Broady
Craig Brawn
Julie Mldgett
Kelvin Battle
Stewart Lee
Homer Hebert
Shenise Broady
Shane Keller
Mark Relchle
Mayor Oberndorf presented each child with a Christmas remembrance and they in
turn distrtbuted hand made Christmas Cards to the Mayor, City Council and the
City Manager.
6
Item II-E.2.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 35177
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawtully exempted trom
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
Identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vtce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHERF-AS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35175,
Page No. 3 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such 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.
/i
kMth Hodges S'mith, CMC/AAE
City Clerk December 17, 1991
7
Item
MINUTES ITEM # 35178
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes ot the INFORMAL & FORMAL SESSIONS of December 10,
1991, AS CORRECTED.
Item #35169, Page 23
Ordinance to amend Section 211 of the City Zoning
Ordinance, pertaining to temporary signs.
The vote was INCORRECTLY stated as 10-0. The
CORRECT vote was 7-3. Mayor Meyera E. Oberndort and
Council Members Reba S. McClanan and Nancy K.
Parker voted NAY.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
James W. Brazier, Jr.
Council Members Absent:
None
Councilman Brazier ABSTAINEI) as he was not in attendance during the City
Council Session ot December 10, 1991.
8
Item II-H.l.
CITY COUNCIL REPORT ITEM 35179
PUBLIC-USE GOLF COURSE COMt4ITTEE
Mr. Sheppard H. C. Davis, Chairman - Public-Use Golf Course Committee,
recognized Dolores B. Kelley, Vice-Chairman. The report was distributed to
Members of City Council and is hereby made a part of the record.
Mr. Davis advised the Committee is very concerned relative the current
maintenance of the three municipal golf courses. To solve the maintenance
problem, privatization is the unanimous recommendation of the committee. The
City should lease courses to the private sector while retaining control over
price and conditions. Privatization would bring additional revenue to the City,
eliminate a bureaucracy, improve playing conditions and result in better golf
for residents and tourists. The City needs a Signature Course immediately. A
Signature Course is one of the highest quality, designed by and named for a
recognized golfer (Palmer, Nicklaus, Strange, etc).
Leo C. Wardrup, Jr. , Member - Public-Use Golf Course Committee, referenced the
SUMMARY OF OPERATION AND MAINTENANCE EXPENSES and the PRO F'ORMA STATEMENT OF
FUNDS AVAILABILITY, which is hereby made a part of the record. In order to
achieve a sound basis for any conclusions, an analysis was completed for eight
(8) courses. Three of these courses are operated by the City, one is operated
by the City of Newport News, two are privately owned and operated and two are
publicly-owned and privately-operated. Operating budgets were evaluated from
the following golf courses:
Redwing City of Virginia Beach
Bow Creek City of Virginia Beach
Kempsville City of Virginia Beach
Owl's Creek Privately owned
Hell's Point Privately owned
Stumpy Lake Publicly owned, privately operated
Deer Run City of Newport News
Course X Publicly owned, privately operated
The figures suggest savings can be achieved by moving away from City ownership
and City's operation of the golf courses.
PRO F'ORMA STATEMENT OF FUNDS AVAILABILITY
(THREE CITY OWNED GOLF COURSES)
OPERATING REVENUES $ 2,037,000
OPERATING EXPENSES $ -2,066,000
NET OPERATING LK)SS (29,000)
NON-OPERATING REVENUE (INTEREST) $ + 128,000
DEPRECIATION (NON-EXPENSE) + 112,000
SUB-TOTAL 211,000
ALLOCATED COSTS (NON-EXPENSE) + 184,000 to 223,000
OPERATION & MAINTENANCE SAVINGS 102,000 to 195,000
NET PRO SHOP/RANGE/CONCESSIONS 150,000 to 225,000
TOTAL FUNDS AVAILABLE $ 6472000 to 854,000
9
Item II-H.I.
CITY COUNCIL REPORT ITEM # 35179 (Continued)
PUBLIC-USE GOLF COURSE COMt4ITTEE
Mr. Wardrup advised the City receives no revenue from the operation of the Pro
Shop and the Driving Range, which are very lucrative enterprises. If the City
could tap into this particular stream of revenue, approximately $150,000 to
$225,000 a year could be generated.
Page 8 of Appendix A, lists the Comparison of Fee Schedules.
Curtis Strange, upon his visit to the area, indi'cated his desire to build a
golf course in this area.
The United States Golf Association recommends that courses be reworked every
20-25 years. Both Redwing and Bow Creek need complete facelifts.
Mayor Oberndorf referenced Page 5 and 6 of the Public-Use Golf Course Committee
report concerning management of the golf courses.
The City Manager will advise City Council his recommendations within 60 days of
this report.
10 -
Item
RESOLUTIONS I TEM 35180
Steve Hawthorne, 4420 Chelsea Street, Phone: 671-1026, Member of the Board f
Directors of the Greenways With Growth Organization and a Member of the
Greenway Advisory Commission in 1988 and 1989. Greenways are linear corridors
of open space that encompass both land and water trails. Mr- Hawthorne Spoke
in SUPPORT of the Ordinan,,.
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City
Council ADOPTED as REVISED:
Resolution directing the Planning Department and
Planning Commission create a "Greenways and Trails
Plan", incorporate utility easement s and other
rights-of-way, recommend changes in the Master
Street and Highway Plan; and, develop incentives,
suggestions and recommended ordinances to promote
the development of a Comprehensive Greenways,
Trails and Bikeways Plan.
VOting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba s.
McClanan, Mayor Meyer, E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by Council Member Reba S. McCianan
A RESOLUTION DIRECTING THE PLANNING DEPARTMENT AND
PLANNING COMMISSION TO CREATE A 'TGREENWAYS AND TRAILS PLAN"
TO INCORPORATE UTILITY EASEMENTS AND OTHER RIGHTS-OF-WAY,
RECOMMEND CHANGES IN THE MASTER BIKEWAY PLAN,
DEVELOP INCENTIVES, SUGGESTIONS AND RECOMMENDED ORDINANCES
TO PROMOTE THE DEVELOPMENT OF A
COMPREHENSIVE GREENWAYS, TRAILS AND BIKEWAYS PLAN
WHEREAS: The City Counci I is desirous to create Greenway System of tral Is for
people and animals in conjunction with present plans and future plans, in
coordination with residential and commercial development and roadway plans in both
developed and undeveloped areas of the City; and
WHEREAS: The City Council desires to create the Greenways, Trails and Bikeways
Plan and requests the Planning Department, in conjunction with the Planning
Commission, to develop plans, incentives and regulations to promote those end,;
recommend revisions to the present Plan that may be appropriate to foster, proMC)te
and encourage the efficient and economical development ot bikeways, greenways and
trail systems within subdivisions, and encouraging their interconnection between
contiguous subdivisions and among activity centers within the City, as wel I as
neighboring jurisdictions, and to include areas of potential development.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA: That in addition to the above concept, the Planning Department and Planning
Commi ss ion are requested to create a Master Greenways and Tra i I s P I an. This Plan
shall include the City's Master Bikeway Plan and make recommendations, including
additions and deletions to that Plan as may be appropriate, so as to accomplish the
following:
(a) Utilization of appropriate public rights-of-way and easements for
greenways, bicycles, horseback trails and walking/jogging trails so as to
provide a safe and scenic environment for use by the citizens in areas of
the City and our visitors; and
(b) Utilization of railroad rights-of-way and Virginia Power easements and
rights-of-way tor the greenways, bikeways and trails.
(c) Review the City's Subdivision Ordinance and recommend development
regulations and other incentives to City Council to encourage developers of
real estate to include amenities such as greenways, open spaces, bicycle
traits, horseback trails and walking/jogging trails within and adjacent to
their developments and to provide for the connection of such amenities
between contiguous subdivisions and to adjacent activity centers so as to
provide the opportunities for the citizens to use such amenities to a
greater extent, which are to be planned in conjunction with the existing
Bikeway Plan.
(d) Incorporate Greenways, Trails and Bikeway Plan into the Master Street
and Highway Plan.
WHEREAS: The City Council desires public input into the planning of the
greenways and trails.
NOW THEREFORE, BE IT FURTHER RESOLVED: That a committee be created to serve for
a period of one (1) year or such time as is required to complete the Plan in an
advisory capacity to the Planning Department to assist in preparing this Plan. The
Committee shall consist of three people from the Greenways With Growth Organization
(one of whom shall be designated the Chairman by the City Council), one
representative ot the Planning Commission, one person from the Department of Parks
and Recreation, two persons from Virginia Power and the owners of railway easements,
two citizens from the rural areas of the City, two registered professional landscape
architects (one representative from the Traffic Engineering Office and one
representative from the Tidewater Builders Association), representatives trom the
b i cyc I 1 ng part i c i pants in the area and such other persons as City Counci I may
designate.
Adopted by the City Counci I of the City of Virginia Beach, Virginia, on the
17 day of December , 1991.
Item 111-G.2.
ORDINANCE/RESOLUTION ITEM # 35181
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED, AS REVISED:
Resolution endorsing the "City of Virginia Beach
1992 Legislative Proposals"; and, directed the City
Manager to forward a copy of this resolution With
the proposals to each Member of the Gener,l
Assembly representing the City of Virginia Beach,
Virginia.
4. Design Building Authority
Councilman Jones requested the words Man Interim
brackish water desaiting plant or other measures"
after the words "to constructtf be DELETED and the
verblage "alternative water supply measures" be
fNSERTED.
12. Pendieton Child Service Center
With the defense postures changing so rapidly,
Councilman Heishchober did not believe thls type of
conflict existed as noted in the statement: "This
relocation Is being required because of conflicts
between the Child Service Center and the National
Guard on the State Military Reservation at Camp
Pendleton." The first approach should be for the
Child Service Center to remain at its present
location with no rent and the second approach would
be, if the Center must move, the State should
provide 50% of the cost of relocation.
14. Transportation Funding
Mayor Oberndorf believed there should be a positive
statement at the very beginning of the paragraph.
The Secretary of Transportation's proposal for an
80-20 match is not economically feasible for the
City. The first sentence shall be: The General
Assembly Is requested to reject the Secretary of
Transportation's proposal. "Funds collected for
transportation purposes should not be used for other
purposes". Due to its importance, this sentence
shall be the second sentence in the paragraph, not
the last.
Mayor Oberndorf advised knowing that the equity suit
is coming up in education and there may be a
redistribution of wealth from cities normally
receiving educational funding with said funding
going to the less affluent areas, the verbiage
should be more positive in stating that this City's
portion not be reapportioned somewhere else.
Concerning Mental Health Services, the General
Assembly is requested to continue the momentum
established in the late 1980's. The City is not
requesting expansion, but substance.
Due to Mayor Oberndorf's concerns relative 9. Mental
Health Services and 15. School Funding, a new item
will be inserted Into the Legislative proposals
concerning not diminishing existing funding levels
for existing programs.
- 12 -
Item 111-G.2.
ORDINANCE/RESOLUTION ITEM # 35181 (Continued)
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndort, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne
Council Members Absent:
None
R E 8 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach,
Virginia, has reviewed the presentation concerning certain non-
Charter change legislative proposals; and
WHEREAS, after due consideration, the Council is of the
opinion that such proposals would be beneficial to the citizens of
the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Virginia Beach, Virginia that the document attached and entitled
"CITY OF VIRGINIA BEACH 1992 LECISLATIVE PROPOSALS" is hereby
endorsed by the council as the City's official legislative requests
and recommendations for the 1992 Session for other than changes to
the City's charter.
The City Manager is hereby directed to forward a copy of
this resolution with the proposals to each member of the General
Assembly representing the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach on the 17
day of December, 1991.
:]L 9 9 2
Submitted by the City
of Virginia Beach
1992 LEGISLATIVE PROPOSALS
SUBXITTED BY THE CITY OF VIRGINIA BEACH
Sustain State Funding for Local Gover=ent Purposes.
The General Assembly is requested to sustain at least the
current levels of funding for local government purposes. This
would include funding for schools, funding for law enforcement
through the authority derived through House Bill 599, mental
health funding, and other initiatives begun by the
Commonwealth. Although the Commonwealth is having revenue
shortfalls, these shortfalls are not being experienced in a
vacuum. Localities, like Virginia Beach, are also
experiencing the same shortfalls and are no better prepared to
step into any funding gap than the Commonwealth is. The
General Assembly is therefore requested to take whatever steps
are necessary to maintain at least the current levels of
funding to local government.
2. Charter Amendment to allow for the Direct Election of the
School Board.
The General Assembly is requested to pursue legislation that
would allow the School Board of the City of Virginia Beach to
be directly elected by the voters. An advisory referendum was
held on November 5, 1991, and was overwhelmingly approved by
the voters. The details of the Charter Amendment request are
attached.
3. The General Assembly is recfuested to change the City Charter,
Chapter 15, dealing with the Department Of Agriculture.
The changes to this section are attached. This is necessary
due to problems with the Federal Department of Agriculture.
4. Indigent Health Care.
The General Assembly is requested to increase the amount of
indigent health care coming to Virginia Beach. Virginia Beach
continues to be woefully under funded by the Commonwealth in
terms of indigent health care. In fact, indigent health care
coming to the City is based on conditions that existed at the
time of the merger in 1963, and are not representative of the
City's population and indigent population. Without increased
indigent health care coming to the City, our citizens will be
forced to travel to the University of Virginia and the Medical
College of Virginia for many of their services. The General
Assembly is also requested to include increased funding for
the Eastern Virginia Medical School to allow that institution
to provide additional indigent health care.
1
5. Design Build Authority.
The General Assembly is requested to allow the City to have
design build authority for the Lake Gaston Project and also
other water resources projects within the City. This would
allow the City to use design build authority, saving a
considerable amount of time, if we are forced to construct
alternative water supply measures until the Lake Gaston
Project comes on-line. Also, design build authority is
desired for the Lake Gaston project to allow the bidding and
design process, which would result in quicker construction, to
be accomplished.
6. Water Conservation.
The General Assembly is requested to pass legislation that
would allow cities in virginia to require more water
conserving measures than are currently allowed in the State
Uniform Building code. This would be f or areas of the
Commonwealth that are facing water shortages such as Hampton
Roads. This would allow the City to require ultra low flush
toilets, for example, which use 1.5 gallons per flush, instead
of six gallons as is used in a regular toilet.
7. Groundwater Controls.
The General Assembly is requested to allow the City to
restrict the use of groundwater during water shortages. This
would be legislation that would allow the City, during a
declared water shortage or water emergency, to restrict the
use of groundwater in certain areas of the City for non-
mandatory uses. Many areas of the City still depend on
groundwater for potable water use and during severe droughts
the use of the aquifer for irrigation, car washing, etc.,
could exacerbate the problems faced by well users.
8. Food Establishment Inspection Fee.
The General Assembly is requested to allow the Virginia Beach
Health Department to establish a fee of $100 per establishment
per year or $1.00 per seat with a minimum of $100 to inspect
for health purposes. This funding to the Health Department
would allow better inspections of food service areas, etc. in
the City that is dependent on tourism. The State Health
Department has decreased this type of inspection in recent
years and it is imperative the City maintain high standards in
this area. This fee would allow these inspections to be
accomplished.
2
9. virginia Marine science Museum.
The General Assembly is requested to fund $3 million dollars
for design and expansion of the Marine Science Museum. The
total cost of the expansion is estimated to be $27,000,000.
The Virginia Marine Science Museum is the most highly visited
museum in Virginia and it benef its both the City and the
Commonwealth through tourism and as an educational
institution.
10. Mental Health Services.
The General Assembly is requested to provide additional
funding for mental health services in virginia Beach. The
General ASsembly, since 1986, has provided a very substantial
funding increase for mental health services throughout the
Commonwealth. These increases are now being eroded and
sometimes decreased due to reductions of the State budget.
The General Assembly is requested to continue the momentum
established in the late 1980's in mental health funding.
ii. Fingerprinting of Juveniles.
Currently, the State Code states that juveniles may be
fingerprinted for certain offenses. The General Assembly is
requested to amend the Code to stipulate that juveniles will
be fingerprinted. By building up a base of fingerprints, it
will make investigation of property crimes and other offenses
much easier.
12. Public Beach Board.
The General Assembly is requested to restore funding to the
Public Beach Board, which provides nourishment for public
beaches throughout the Commonwealth. Also, the General
Assembly is requested to reimburse the City for the
approximately $420,000 that should have been received by the
City during the 1990/92 biennium. The funding from the Public
Beach Board has been used to nourish the resort area in
Virginia Beach, which is host to 2.5 million overnight
visitors per year. This produces a very positive return to
the Commonwealth in terms of tax dollars.
3
13. Pendleton Child Service Center.
The General Assembly is requested to allow the Pendleton Child
Service Center to maintain its current location on the Camp
Pendleton State Military Reservation. This, also, should be
accomplished with no rent being paid by the City. However, if
there are sufficient conflicts between the location of the
Child Service Center and the operations of the Department of
Military Affairs; then, since the Child Service Center is a
certified group home, the State should pay its 50% share of
the relocation costs as provided by the State Code. This cost
would be approximately $600,000. Furthermore, the General
Assembly is requested to continue to fund the State's share of
the operational cost of the Child Service Center in the next
biennium.
14. Penalties for Non-payment of City Accounts.
The General Assembly is requested to amend the State Code to
allow the City to penalize persons for non-payment of certain
accounts to the City to allow the penalty to be equal to 10%
of the original amount or 10%, whichever is greater.
Currently, the Code allows the lesser of $10.00 or 10% to be
charged.
15. Transportation Funding.
The General Assembly is requested to reject the Secretary of
Transportation's proposal to increase the share of match of
urban projects from 2% to 20%. Because of several other
studies under way such as SJR-188, which is examining the
funding formula action by the General Assembly to increase the
urban match amount is unwarranted. Furthermore, the General
Assembly is requested to make certain that funds collected for
transportation purposes are not used for other purposes as was
done during the 1991 Session of the General Assembly.
Finally, the General Assembly is reminded that the provision
of a sound transportation system remains as important as
during the study of Transportation in the 21st Century during
1986. The Commonwealth must provide suitable funding for
transportation needs throughout the Commonwealth.
4
16. School Funding.
The General Assembly is requested to provide adequate funding
for both operational and capital costs of school funding.
Furthermore, the proposed realignment of State funding to
ameliorate disparity in State funding to school systems
throughout the Commonwealth should be examined for what
detrimental effects it would have on Virginia Beach. The
General Assembly is requested to fully fund the standards of
quality for Virginia Beach and to begin sharing in the capital
costs of education.
17. Recycling.
The General Assembly is requested to adopt additional measures
to ensure that tax and other incentives are available to
manufacturers who use recycled materials. Although the
General Assembly has acted on legislation to promote these
incentives in the past, it has not proven to be a proactive
enough stance by the Commonwealth to be effective.
18. SePtiC Tank Systems.
The General Assembly is requested to give great scrutiny to
the considerations currently underway on severely amending the
regulations for septic systems. Through changing the minimum
separation distance between drain f ields and the water table,
it could greatly reduce the land available for development in
the southern part of the City, for example, and have a very
detrimental affect on our planning capabilities. Much of what
is being considered by the Commonwealth lacks demonstrated
scientific base. Thus, the General Assembly is requested to
amend the septic tank regulations only where positive benef it
based on science can be demonstrated.
5
I PROPOSED AMENDMENT TO THE CHARTER OF
2 THE CITY OF VIRGINIA BEACH,
3 VIRGXNIA, BY AMENDING SECTIONS 16.02
4 AND 16.03, AND ADDING SECTIONS
5 16.04, 16.05, 16.06, 16.07, 16.08,
6 AND 16.09 TO AUTHORIZE THE DIRECT
7 ELECTION OF THE SCHOOL BOARD
8 Sec. 16.02. composition of school board.
9 The school board shall consist of eleven members, who shall
10 be appointed by the council of the City of Virginia Beach,
11 Virginia. one member shall be appointed from among the residents
12 of each of the seven boroughs whose terms shall be as follows:
13 two members shall be appointed for one year; two for two years and
14 three for three years. The four additional members shall be
15 appointed from the City at large; two for a term starting Tuly
16 one, nineteen hundred sixty-six, and ending December thirty-one,
17 nineteen hundred sixty-six; the other two starting Tuly one,
18 nineteen hundred sixty-six, and ending December thirty-one,
19 nineteen hundred sixty-seven. After this initial period, all
20 appointments shall be for a period of three years- v
21 however, that no apt)ointment made by
22 beyond December 31, 1996. Vacancies shall be filled by the
23 council for any unexpired terms. Tbe council appointed board
24 shall terminate and all appointed metnbers' terms shal ex
25 December 96.
26 Sec. 16.03. eantinuance
27
28 fte
29
30
31 for tlie unemp
32 A. Effective January 1. ist
33 of eleven (11) members, one fl) member from be
34 elected by the voters of the city at large from among the
35 7-1.
36 tv at larqe.
cted
37 t e e ve
38 by the voters
39 Sao, 16.04. BleCti
40
41 aualified voters of the city shall elect one (1) boar
42 each of the boroughs of Bayside, Kemosville, T-vnnhaven,
43 for terms of four (4
44 boroughs of Blackwater, Princes n a d V- 0
45 terms of two (2) yea
46 (41 years and two f2) at la Years,
47 Thereafter. all board members shall be electo
48 (4) Year at-la.r.9 v
49
50
51
52 Thereafter, tbere s
53 election of board members to replace those w ose e s
54 the end of December
55 board member shall commen next
56 following the date
57
58 ru
59 ence,
60 a sabool board.
61
62 shall be filled within sixty (60) days
63
64 board: r)rovided that, so long as any bo
65 and from boroucihs, the vacancy
66
67 5Lndii
68 I)oard.
69 st e ncl u vo @ o e
70 secured the signature of one hundred and twenty-five (125, voters
71 on a petition Pror>erly f e
72
2
73 candidate see
74 reside in su o u
75 sec. 16.07.
76 chairman and v 0
77 The selection, rest>onsibilities, and duties of the chairman
78 and vice-chairman shall be as Provided by general law.
79 Sec. 16.08. in.the event of conflict With
80 general statutes@
81 In the event of cieneral
82 ai3plication-
83 @.C. 16.09. se visions.
84 The Provisions alg_ to be
85 severable. If any Part. sec'
86 rhrase be adiuclqed to be in-valid, the remainder of the chai2ter
87 shall remain d effect and its validity shall not
88 d
89 Adopted by the Council of the City of Virginia Beach,
90 virginia, on the _ day of 1991.
91 CA-4437
92 DIREL3.RES
93 R-2
3
chapter 15. Department of Agriculture
Boo. 15.01. composition
The department of agriculture shall consist of afk
agent- a hom@ agept a director of agriculture and
such other officers and employees organized in such bureaus,
divisions and other units as may be prescribed by the council or by
the orders of the director consistent therewith.
See. 15.02. Functions.
The department of agriculture shall exercise all powers which
are eenferred ..-On co;,ntiar r-elating to b-no
;,; -1, . I he laws oL the
or.
Commonwealth of Virginia relating to aariculture and shall have
such other powers and duties as may be assigned by the council.
Boo. 15.03. Director of Department.
-b.- d.4re-tor of the department of agrioultuee
agriculture a f- eli:gi:ble
the U,@gnia and State Unive@ity. The head
of the department of aqr 1. ector of
agriculture. He shall have general management and control of the
several bureaus, divisions and other units of the department.
1 3
Item 111-G.3-
ORDINANCE/RESOLUTION ITEM # 35182
Carter E. Turpin, President - Restaurant Association, registered in SUPPORT of
the Resolution.
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Resolution directing the Planning Commission study
and make recommendation re strategies to avoid
conflicts between restaurants serving alcoholic
beverages and nearby residential nelghborhoods-
Voting: 11-0
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and Willlam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by Vice-Mayor Robert E. Fentress
1 A RESOLUTION DIRECTING THE PLANNING
2 commission TO STUDY AND GIVE ITS
3 RECOMMENDATION AS TO STRATEGIES TO
4 BE PURSUED TO AVOID CONFLICTS
5 BETWEEN RESTAURANTS SERVING
6 ALCOHOLIC BEVERAGES AND NEARBY
7 RESIDENTIAL NEIGHBORHOODS
8
9 WHEREAS, the City Council perceives that a conflict
10 exists between certain restaurants serving alcoholic beverages and
11 adjoining or nearby residential neighborhoods, as well as other
12 land uses; and
13 WHEREAS, the City Council has recently adopted certain
14 ordinances which partially address this problem; and
15 WHEREAS, other agencies, including the Virginia ABC Board
16 are involved in the regulation of the sale of alcoholic beverages,
17 and
18 WHEREAS, there is a need to further define the entirety
19 of the problem and to devise a strategy for dealing with it so as
20 to effect:ively involve and fairly treat all parties;
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That the Planning Commission is requested to study the
24 issue of the compatibility of restaurants serving alcoholic
25 beverages with adjoining and nearby residential neighborhoods, as
26 well as other land uses to define the scope and extent of the
27 problem as it sees it to prescribe a strategy for dealing with it,
28 and to recommend whatever changes to existing city ordinances, as
29 well as any other measures it deems appropriate.
30
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on this 17 day of December 1991.
33
34 CA-4480
35 ALCOHOL.RES
36 R-1
37
- 14 -
Item 11-J.1.
PUBLIC HEARING ITEM # 35183
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) OLD DONATION FARM PARTNERSHIP RECONSIDERATION OF CONDITION
No. 5 (June 1, 1987 approved
application).
(b) JOHN S. AND VERNA C. FLOYD VARIANCE
(c) E. EUGENE COOKE NONCONFORMING USE
(d) MERCHANTS, INC. CONDITIONAL USE PERMIT
(e) LOTUS CREEK ASSOCIATES MODIFICATION TO LAND USE PLAN
(f) GENERAL RENTAL CO., INC. CONDITIONAL USE PERMIT
- 15 -
Item 11-J-1-a-
PUBLIC HEARING ITEM # 35184
PLANNING
The tollowing registered in SUPPORT of the applicatlon:
Attorney Ed Bourdon, Pembroke one, Fltth Floor, Phone: 499-8971
The following registered In OPPOSITION:
Jim Wlilenbrink, 605 Hudgins Court, Phone: 497-0700, Past President of Pembroke
Meadows and Shores Civic League and Director of Civic League through the
history of the development of Old Donation Farms.
Henry Dean, 4424 Cambrin Street, Phone: 499-6574
Larry Gurioli, 620 White Chapel, Drive, Phone: 497-5887
Jim Furlough, 4456 Hudgins Drive, Phone: 490-0254, Director of Recreation
Center at Pembroke Meadows.
Anne Nickau, 716 Abbey Arch, Phone: 497-3772
Karen Hamilton, 608 Severn Drive, Phone: 497-0395
Jeanette Willenbrink, 605 Hudgins Court, Phone: 497-0700, President - Pembroke
Meadows Garden Club
Debra Cross, 737 Bishop Drive, Phone: 499-9654
Bob Finley, 4449 Hudgins Drive, Phone: 473-0118
Jeenne Dellicarpini, 4104 Cheswick Lane, Phone: 499-2331, presented photographs
displaying the site and petitions in OPPOSITION. Said petitlons are hereby
made a part of the record.
Robert Westmont, 808 St. Luke Street, Phone: 473-8373 (H), 445-9065 (0)
Carol Gurioll, 620 White Chapel, Phone: 497-5887
Steve Hawthorne, 4420 Chelsea Street, Phone: 671-1026, President of Pembroke
Meadows Civic League. Mr. Hawthorne distributed petitions containing 680
signatures in OPPOSITION and information relative Old Donation Farm
Partnership. Said petitions and lntormation are hereby made a part of the
record.
Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Councll
DELETED 1987 verbiage of CONDITION Number 5 in the June 1, 1987, Approved
Applicatlon of OLD DONATION FARM PARTNERSHIP for Variances to Section
4.1(b)(1), Sectlon 4.4(b), Section 5.2 and a for an open
S'ace promotion at the Southeastern terminus containing
32.829 acres (BAT@IDE BOROUGH).
The following condition was DELETED:
5. Pembroke Bou I evard shal I be extended but not used
until and unless the private road is declared
structural ly sound by the City Engineer. Cost of
repair to be born by the developer. In addition, an
adequate f oot br i dge sha I I be added to the pr i vate
road for the safety and convenience of pedestrians
and bicyclists.
The following conditlon shall be required:
1. There shall be no improvement or alteration of the
earthen dam within the Pembroke Boulevard right-
of-way by the developer.
- 16 -
Item 11-J.l.a-
PUBLIC HEARING ITEM # 35184 (Continued)
PLANNING
Voting: 11-0
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item 111-J.l.b.
PUBLIC HEARING ITEM # 35185
PLANNING
John S. and Verna C. F loyd, 4624 Guam Avenue, the appl I cants
Mrs. Irene M. Martin, 4625 Lookout Road, registered In OPPOSITION
Upon motlon by Counci lman Jones, seconded by Counci Iman Heischober, City
Councl I APPROVED the appl ication of JOHN S. AND VERNA C. FLOYD tor a Variance
to Section 4.4(b) of the Subdivision Ordinance which requires all lots created
by subdivision meet all the requirements of the City Zoning Ordlnance.
Appl ication ot John S. and Verna C. Floyd for a
Variance to Section 4.4(b) of the Subdivisions
Ordinance. The property is located at 4624 Guam
Avenue. BAYSIDE BOROUGH.
The following condition shall be required:
1. This subdivision is approved only f or the
construction of single-family dwellings.
The Ci ty Manager sha I I wr 1 te a I etter conf 1 rm I ng the sma I I cab 1 n beh 1 nd the
main house will be destroyed, as promised by the applicants.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 18 -
Item 111-J.1-c.
PUBLIC HEARING ITEM # 35186
PLANNING
Bruce W. Ga I I up, 315 F i rst Col on! a I Road, Phone: 423-81 32, represented the
appl lcant and requested DEFERRAL to enable the neighbors to view the house
plans.
Attorney Howard Martin, Esquire, 1640 Sovran Center, Norfolk, Phone: 623-3000,
represented Mrs. Gui Iford D. Ware, who was not in attendance, but as per
phone conversation agreed to a DEFERRAL and requested her OPPOSITION be made a
part of the record.
Upon motion by Counci Iman Brazier, seconded by Counci Iman Baum, City Counci I
DEFERRED until the City Council Session of January 28, 1992, the application of
E. EUGENE COOKE to authorize a change in a non-conforming use.
Appl ication of E. Eugene Cooke for the enlargement
ot a nonconforming use on property located at 6102
Oceanfront Avenue (to construct the addition to the
single-fami ly home and replace the f lat roof by
Installing a pitched roof on two existing
structures) LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 19 -
Item 11-J.I.d.
PUBLIC HEARING ITEM # 35187
PLANNING
ElIzabeth N. Herman, 3143 Magic Hol low Boulevard, Phone: 427-1 332, represented
the applicant
Upon motion by Counci Iman Jones, seconded by Counci lman Heischober, city
Council ADOPTED an Ordinance upon application of MERCHANTS, INC. or a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MERCHANT'S INC FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
ESTABLISHMENT (installation of tires) R012911409
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application ot Merchants's Inc. for
a Conditional Use Permit for an automobile repair
establishment (installation ot tires) on certain
property located at the northeast corner of
Virginia Beach Boulevard and Constitution Drive.
The parcel contains 6,400 square feet. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. The building addition must comply with foundatlon
landscaping requirements contained in Section 5A of
the Site Plan Ordlnance.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordlnance.
Adopted by the Council of the City of V!Fglnla Beach, Virginia, on the
Seven eenth of Decmber, Nineteen Hundred and Nin One.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
None
20 -
Item
PUBLIC HEARING ITEM # 35188
PLANNING
Attorney Joe Lyle, 305-48th Street, Phone: 428-725, represented the aplicant
Alfred E. Abiouness, General Partner, 7309 Colony Point Road, Norfolk,
represented the applicant
Upon motion by Councilwoman McCianan, seconded by Councilman Brazier, City
Council ADOPTED the Ordinance upon application of LOTUS CREEK ASSOCIATES for
Modification to Land Use Plan:
ORDINANCE UPON APPLICATION OF LOTUS CREEK
ASSOCIATES FOR A MODIFICATION TO THE LAND USE PLAN
FOR LOTUS CREEK Z012911337
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lotus Creek
Associates for a modification to the Land Use Plan
for Lotus Creek on certain property located at 2700
Atwoodtown Road. The proposed modification to the
Land Use Plan is for a change In total number of
dwelling units and dwelling type allocation. The
current plan allows 300 total units (82 single
family, 106 single family attached, 112 multi-
family). The proposed plan would allow 285 total
units (73 single family, 76 single family attached,
136 multi-tamily). The Comprehensive Plan
recommends use of this parcel for recreation/open
space. Said parcel contains 82 acres. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
1. Conditions of May 19, 1986, Change ot Zonlng remain
eftective; plus,
2. This modification will be subject to the provisions
of the Regulations to Accompany the Lotus Creek
Development Plan, dated November 8, 1991, prepared
by Langley and 14cDonald.
3. In areas where the golf course building line shown
on the plan dated November 1, 1991, is less than
175 feet from the centerline of the fairway, the
applicant must clearly demonstrate that a
substantial stand of existing mature trees will be
preserved as a buffer. If a mature-treed buffer
cannot be preserved, due to drainage or utility
Installation or for any other reason, the golf
course building line must be modified to 175 feet
from the centerline of the fairway.
4. A traffic signalization bond will be required at
the time of formal site plan submittal.
5. No parking restrictions will be required along one
side of the Interior drive aisles within the
condominium project.
- 21 -
Item 11-I.I.e.
PUBLIC HEARING ITEM # 35188 (Continued)
PLANNING
6. A rezoning petition to P-1 Preservation District
for the golf course and the wetland greenspace
designated on the concept plan dated November 1,
1991, must be submitted prior to final site plan
approval In accordance with Section 1127 of the
City Zoning Ordinance.
7. An approximate 15-toot right-of-way dedicatlon is
required along Atwoodtown Road.
8. An impoundment easement over the stormwater
facilitles must be dedicated to the City. An
access easement must be provided to maintain the
stormwater facilities.
9. Sections Al and A2 shall be constructed as shown on
the plan. The developer has the right to switch
housing types and densitles in their entirety
between areas designated as B and C on the plan. A
disclosure statement regarding this flexibility
must be made to all potential home owners.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventeenth of December. Nineteen Hundred and Ninety-One.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item II-J.l.f-
PUBLIC HEARING ITEM # 35189
PLANNING
Raymond E. Wi I son, 5445 V irg! nla Beach Bou l evard, Phone: 499-1103, represented
the appl i cant. Mr. Wi I son read the letter from S. L. Nus baum Real ty Co. ,
dated September 5, 1991, concerning leaslng of Ryder trucks. Said letter Is
hereby made a part of the record.
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council DEFERRED until the City Council Session of January 28, 1992, an
Ordinance upon application ot GENERAL RENTAL COMPANY, INC., d/b/a TAYLOR RENTAL
CENTER for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GENERAL RENTAL CO.,
INC. d/b/a TAYLOR RENTAL CENTER FOR A CONDITIONAL
USE PERMIT
Ordinance upon application of General Rental Co.,
Inc. dba Taylor Rental Center for a Conditional Use
Permit for motor vehicle rental on the north side
of Virglnia Beach Boulevard, 650 teet more or less
east of Davis Street. The parcel is located at 5444
Virginia Beach Boulevard and contains 1.922 acres.
BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan*
*Council Member McClanan left at 6:10 P.M.
- 23 -
Item II-K.
CoNSENT AGENDA ITF14 # 35190
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones", Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
i@Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of
Virginia, ownership of land with a value in excess of $10,000, at the
intersection of Princess Anne and Landstown Roads. A portion of the property is
presently the subject of condemnation proceedings by the Comonwealth of
Virginia in connection with the Princess Anne Road Phase III Project. While his
property is not the subject of the transaction, the City Attorney believes that
it is reasonably foreseeable that the appraised value of the City's property
may have an effect on the valuation of his property. Councilman Jones wished to
disclose this interest and ABSTAIN from voting on Item K.I. of the CONSENT
AGENDA.
- 24 -
Item II-K.1
CONSENT AGENDA ITEM # 35191
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, CitY
Council ADOPTED:
Ordinance authorizing the City Manager to convey
real estate to the Virginia Department of
Transportation re Princess Anne Road Phase III
Project (CIP 2-820).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
Reba S. McClanan
*Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of
Virginia, ownership of land with a value in excess of $10,000, at the
intersection of Princess Anne and Landstown Roads. A portion of the property is
presently the subject of condemnation proceedings by the Commonwealth of
Virginia in connection with the Princess Anne Road Phase III Project. While his
property is not the subject of the transaction, the City Attorney believes that
it is reasonably foreseeable that the appraised value of the City's property
may have an effect on the valuation of his property. Councilman Jones wished to
disclose this interest and ABSTAIN from voting on this transaction.
LOUIS R. JONES IMB WITCH PONT TRAIL
COUNCILMAN BAYSIDE BOROUGH VIRGINIA BEACH VIRG NIA 23455
(8N) M3-0177
December 17, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declaration:
1. The transaction for which I am executing this written disclosure is the Council
considerafion and vote on an ordinance authorizing the City Manager to
convey City owned real estate to the Commonwealth of Virginia for the
Princess Anne Road Phase Ill Project.
2. The nature of my personal interest is that I own property at the intersection of
Princess Anne and Landstown Roads which is valued in excess of $10,000.00.
A portion of my property is presently tlie subject of condemnation proceedings
by the Commonwealtli of Virginia in connection with the Princess Anne Road
Phase Ill Project. While my property is not the subject of the transaction, the
City Attorney believes that it is reasonably foreseeable that the appraised value
of tlie City's property may have an effect on the valuation of my property.
Mrs. Ruth Hodges Smith
Re: Disclosure pursuan December 17, 1991
t to Section 2.1-639.14(E), Cod,, f
3. The City Attorney has advised me that s t ansac o
my prop-ty, and thi r ti n does not solely affect
that in his opinion, I am a member of a group,
surrounding similarly-situated Property owners, the members of which Le.,
affected by the transaction. are all
4. 1 wish to disclos this in
transacfion. e terest and abstain from pardcipatillg j, thi,
Accordingly, I respectfuny -quest that you record this declara on in the offici
recOrds of the City Council. I have enclosed an opinio, l,tter t' al
Attorney, Which addresses thi, sa-e matter. from Leslie L. Lilley, City
Tharik you for Your assistaiice and cooperation in this matter.
Sincerel
@,i
Louis Jo@
Councilman
LJ/clb
Enclosure
oit@
LESLIEL LILLEY
CITY @TTORNEY -UNIC @AL CENTER
'fRGINIA BE@C@ VA 23156 900,
(8N) 121 1531
'A@ (8N) @16 5681
December 16, 1991
Councilman Louis Jones
Municipal Center
Virginia Beach, Vir@inia 23456
Re: Conflict of Interests Opinion
Dear Councilman Jones:
I am writing in response to your request for an opinion re@arding your ability to
participate in the Council discussion and vote on an ordinance authorizing the City Manager
to convey real estate to the Commonwealth of Virginia for the Princess Anne Road Phase
Ill Project. The ordinance is scheduled for the December 17, 1991, meeting of City
Council.
S@ARYICONCLUSION-
From my review of tlie Conflict of Interests Act and the infonnafion provided by you
as referenced below, I am of the opinion that you have a personal interest in the transaction
of the Virginia Beach City COLIDCil concemin@ the Princess Anne Road Phase IR Project.
However, as a niember of a group of persons affected by the transacti.on, you may participate
in tiie transaction Lipon disclosure of your ifiterest plirsuaiit to Vir@ nia Code SS 2. 1-
639.14(G). In d@ regard, I attach a written declaration pursuant to SS 2.1-639.14(G) to be
filed with the City Clerk.
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon tllis
opinion if they are correct and complete.
Councilman Louis Jones -2- December 16, 1991
Re: Conflict of interests opinion
ACTS PRESENTED-
Your request for an advisory opinion is generated by the Council's consideration and
vote on an ordinance autliorizing the City Manager to convey real estate to the
Commonwealth of Virginia for the Princess Anne Road Phase IH Project which is currently
scheduled on Council's agenda for December 17, 1991. The ordinance would specifically
authorize the City Manager to execute, on behalf of the City, deeds conveying to the
Commonwealth of Virginia, for $377,047.00, ce@ land owned by the City in Princess
Anne Park adjacent to the Project. The sum of $377,047.00 is based on an appraisal that
was conducted to deter@ne the fair market value of the various property rights and interests
to be conveyed.
You have advised that your concern, and reason for requesting tilis opinion, is that
you own 38.6 acres of property at the southeast comer of Princess Anne Road and
Landstown Road. The property is valued in excess of $10,000.00. The land is currently in
use as a cemetery and is located wi@ the boundaries of the eastem phase of the Princess
Anne Road Phase Iff Project. The Comrnonwealth of Virgiriia has instituted condemnation
proceedings with respect to approximately 2.5 acres of the property, and the matter remains
in lifigation as of this date. Due to the close proximity of the City's property to your
property, it is possible that the appraised value of the City's property could have an effect
on the value at which your property is ultimately appraised.
LSSUE-
Are you precluded from participating in the City Council discussion aild vote oil an
ordinance audiorizing tiie City Manager to convey real estate to tlie Cominoiiwealtli of
Vir,@inia for flie Princess Anne Road Phase Ill Project?
ISCUSSION@.
I.
A. City Council is a govemmental agency, as it is a le@islative braiich of local
govemment as defined in SS 2.1-639.2 of the Vir@inia State and Local Governineiit Conflict
of Interests Act.
B. You are an officer witliin the meaning of SS 2.1-639.2 of die above-referenced Act.
Councilman Louis Jones -3- December 16, 1991
Re: Conflict of Interests Opinion
C. Council consideration of the ordinance is a "transacdon" as defined by the Act.
A transaction includes any matters considered by any govenimental agency on which official
action is taken or contemplated.
D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability
wllich accrues to an officer, employee, or to an inunediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annuauy; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownersmp in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business wbich "ceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or a
member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transacfion or (ii) may realize a reasonably foreseeable direct or
indirect benefit or deftiinent as the result of the ageiicy considering the transaction.
R.
A. ers ,,j Int,,,,t
You have a personal interest in the property you own at the southeast comer of
Princess Anne and Landstown Roads by virtue of its value in excess of $10,000.00.
B. Pero,,al Interest n tle Tra.@action
In order to have a personal interest in the transacfion, your property must be eidier
the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit or
detriment as a result of the transaction.
Your property is not dieSLibject of the transacfion; however, since tlie appraised value
of tlie City's property niay liave an effect on the value at whichyOLir property is ultimately
appraised, it is reasoiiably foreseeable that you iiiay realize a direct or indirect benefit or
detriiiient as a reSLIlt Of tile COLIIICjl'S COnsideration of the ordiiiaiice. ConseqLiently, it is iny
opijiioii that yoti liave a pei-sojial iilterest in tlie traiisac6on witjiiii tlie iiieaiiin.- of tile Coiiflict
of Interests Act.
Councilman Louis io,,s
December 16, iggi
Re: Conflict of Intere,t, op@on
The transaction before the Council does not, howev-, solely affect Your prop
You a a member of a group erty.
O@ ii part, in connection of owners.whose properties are subject to a @g, in whole
with s Project and, ther
Council's consideration Of the tM efore WiU be similarly affected by
ordinance. The,,fre,
participate in the Council's discussion and vote conce, it is mY OPinion that you may
COMPIY with the disclosure @g the ordinance as long as you
-quirements of SS 2.1-639.14(G).
Based on the fact that you r, a member of a group which is affected by e
ordina-ce, ie-., all simi@ly-situated pro th
PertY owners, You may par c pate City Coun s
consideration Of the ordinance. Such disclosure must include a dec ti i in cil
to participate laration that you are able
in die transaction fairly, biec6vely, and in the public interest r
disclosure letter which cOMplies with $ A p oposed
2.1-639.14(G) is e-closed for Your convenience.
n -e fliis declaration orally, hi
You may eidier i ak
'If the City COuncil, or w ch is to be recorded in the written minutes
You -ay file a signed written declaration with the Clrk of the City
Council, who shall retain and -ake s docume on for a period
of five years from the date of reco thi nt available for publi, inpecti
.rding 0, rcipt.
The Conflict of interests Act deals with the types of influences upon a public officer's
judginent wliich are clearly iinproper. The law does not, however, protect against afl
appearances of iniproper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented c-ate an appearance of ]-propriety
whicii is unacceptable or which would affect tiie confidence of tlie public in he officer's
ability to t
be inipar6a]. I liave Opined tilat you inay participate iii tlie transa tio,i after
C C
disclosure. How ver, if you are concerned that participa6n@ in tlie transactioii, even after
disclosure, COLI]D create an uilacceptable a carance, you in.
th pp ay abstain fi,oln vobng under SS
2.1-639.14(E) p,oided at you first disclose your interest in the transaction.
As a f-inal note to any Coiiflict of Interests opirtioll, SS 2.1-639.18(c) provides that a
writtell opinion of tlie ttone -ade after a flill disclosure of tile facts, is advisory and
adniissible as evidellce tilat the enforcing offcer did not knowin ]y violate the Act, whil a
favorable OPI'llion Of tile c 9 ffi e
A as tlie eiidorsin@ o ce, of the COIA,
provides imnILinity from any alleged violation.
Councilman Louis Jones -4- December 16, 1991
Re: Conflict of interests Opinion
The transaction before the Council does not, however, solely affect your property.
You are a member of a group of owners whose properties are subject to a taking, in whole
- in part, in connection -ith this Project and, th-efore will be similarly affected by
Council's consideration of the ordinance. Therefore, it is my opinion that you may
participate in the Council's discussion and vote conceming the ordinance as long as you
comply with the disclosure requirements of SS 2.1-639.14(G).
ill.
Based on the fact that you are a member of a group which is affected by the
ordinance, i.e., aH similarly-sitliated property owners, you may participate in City Council's
consideration of the ordinaiice. Such disclosure must include a declara6on tliat you are able
to participate in the transaction fairly, objectively, and in the pubhc interest. A proposed
disclosure letter whicii compfies with SS 2.1-639.14(G) is enclosed for your convenience.
You inay eidier make this declaration orally, which is to be recorded in the written minutes
of the City Council, or you may file a signed written declaration with the Clerk of the City
Council, who shah retain and make this document available for pubhe inspection for a period
of five years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
jud.@ment which are clearly ii-nproper. The law does not, however, protect a@ainst all
appearances of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whetlier the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impardal. I have opined that you may parficipate in the transactioli after
disclosure. However, if you are concemed that parficipating in tiie transaclion, even after
disclosure, could create an unacceptable appearance, you may abstain from votin@ under SS
2.1-639.14(E) provided that you first disclose your interest in the transacdon.
Please contact iiie sliOLild you desire any additional information.
Very tnily yours,
Leslie L.
City Atto ey
LLL/RMB/clb
Enc]OSLire
Requested by Department of Public Works
1 AN ORDINANCE AUTHORIZING
2 THE CITY MANAGER TO
3 CONVEY REAL ESTATE TO
4 THE COMMONWEALTH OF VIRGINIA
5 FOR PRINCESS ANNE ROAD PHASE III PROJECT
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 WHEREAS, the City of Virginia Beach is the owner of
10 record of several properties contiguous with the Princess Anne Road
11 Phase III Project (VDOT # 0165-134-104, R/W 203) (C.I.P. No. 2-
12 820.01); and
13 WHEREAS, the Department of Transportation, Commonwealth
14 of Virginia, has now requested property for right-of-way and
15 easements needed for the Princess Anne Road Phase III Project; and
16 WHEREAS, the City Council is of the opinion that the said
17 right-of-way and easements should be deeded to the Commonwealth for
18 the Princess Anne Road Phase III Project in consideration of
19 $377,047.00.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 That the City Manager is hereby authorized to execute, on
23 behalf of the City of Virginia Beach, Virginia those certain deeds,
24 conveying to the Commonwealth of Virginia, for the sum of
25 $377,047.00, all that certain land owned by the city of Virginia
26 Beach, as outlined on the "LOCATION MAP FOR EASEMENTS AND RIGHT OF
27 WAY CONVEYED TO VDOT FOR PRINCESS ANNE ROAD PHASE III (C.I.P. NO.
28 2-820.01,SCALE: 111=2000'11.
29 This Ordinance shall be effective from the date of its
30 adoption.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the 17 day of December 1 1991.
33 Note: Pursuant to V.C.A. 15.1-307 a recorded affirmative vote of
34 three-fourths of all the members elected to Council is required.
35 CA-4517
36 NONCODE\CA4517
37 R-1 APPP.OVED
LEGAL SYFFI
ts of Ease
d Right of
veyed to N
LOCATION MAP
R EASEMENTS AND RIGHT OF WAY
\ CONVEYED TO VDOT FOR
PRINCESS ANNE ROAD PHASE Ill
NO. 2-820.01
LE: 1" = 2000'
- 25 -
1 1-K.2
CONSENT AGENDA ITEM # 35192
Upon moti on by V I ce Mayor Fentress, seconded by Counci I m"n Sessoms, City
Council ADOPTED:
Ordinance authorizing a temporary encroachment into
a portlon of the rights-of-way Of Crystal Drive and
Crystal Lake Drive to Warren and Paula P. Pechan re
construction and maintenance of a fence and
landscapinq with permission for retention of an
existing brick wall (LYNNHAVEN BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virignia Beach, at no
expense to the City.
2. The owner aqrees to keep and hold the City tree and
harmless of any liability as a result of the
encroachment,
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a harzard-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Willlam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO AUT'HORIZE
2 A TEMPORARY ENCROAC@T
3 INTO A PORTION OF THE
4 RIGHTS-OF-WAY OF CRYSTAL
5 DRIVF AND CRYSTAL LAYE
6 DRIVE TO WARREN AND PAULA
7 P. PECHAN, THEIR HEIRS,
8 ASSIGNS AND SUCCESSORS IN
9 TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 WARREN PECHAN and PAIJLA P. PECHAN, their heirs, assigns and
15 successors in title are authorized to construct and maintain a
16 temporary encroachment into the rights-of-way of Crystal Dlive and
17 Crystal Lake Drive .
18 That the temporary encroachment herein authorized is for
19 the purpose of constructing and maintaining a two-foot high fence,
20 landscaping, existing brick wall and that said encroachment shall
21 be constructed and maintained in accordance with the City of
22 Virginia Beach Public Works Department' s specifications as to size,
23 aligriment and location, and further that such temporary
24 encroachment is more particularly described as follows:
25 An area of encroachment into a
26 portion of the City's rights-of-way
27 known as Crystal Drive and Crystal
28 Lake Drive, on the certain plat
29 entitled: PROPOSED ENCROACHMENT
30 AT INTERSECTION OF CRYSTAL DRIVE AND
31 @RYSTAL LAKE DRIVE," a copy of which
32 is on f ile in the Department of
33 Public Works and to which reference
34 is made for a more particular
35 description.
36 PROVIDED, HOWEVER, that the temporary encroachment herein
37 authorized shall terminate upon notice by the City of virginia
38 Beach to Warren Pechan and Paula P. Pechan, themselves, their
39 heirs, assigns and successors in title and that within thirty (30)
40 days af ter such notice is given, said encroachment shall be removed
41 from the City's rights-of-way of Crystal Drive and Crystal Lake
42 Drive and that Warren Pechan and Paula P. Pechan, their heirs,
43 assigns and successors in title shall bear all costs and expenses
44 of such removal.
45 AND, PROVIDED FURTHER, that it is expressly understood
46 and agreed that Warren Pechan and Paula P. Pechan, their heirs,
47 assigns and successors in title shall indemnify and hold harmless
48 the city of Virginia Beach, its agents and employees fr- and
49 against all claims, damages, losses and expenses including
50 reasonable attorney's fees in case it shall be necessary to file or
51 defend an action arising out of the location or existence of such
52 encroachment.
53 AND, PROVIDED FURTHER, that the party of the second part
54 agrees to maintain said encroachment so as not to become unsightly
55 or a hazard.
56 AND, PROVIDED FURTHER, that this ordinance shall not be
57 in effect until such time that Warren Pechan and Paula P. Pechan
58 execute an agreement with the city of Virginia Beach encompassing
59 the aforementioned provisions.
60 Adopted by the Council of the CitY of Virginia Beach,
61 Virginia, on the 17 day of December 19 91
62 KL/ta WRO,
63 12/05/91
64 pechan.ord
0
APPR
LF-OAL
2
SEE GRID LB
Bird
LOCATION MAP
- 26 -
Item 1 ]-K.3
CONSENT AGENDA ITEM # 35193
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, C,tY
Council APPROVED:
LOW BID
WATERFRONT MARINE West Neck Bridge $1,659,807.45
CONSTRUCTION, INC. CIP 2-040
Voting: 10-0
Council Members Voting Aye:
John A. BaUm, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndort, Nancy K. Parker and Wi I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
- 27 -
Item I I -K.4
CONSENT AGENDA ITEM # 35194
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Sessoms, City
Council APPROVED:
CERTIFICATE OF PUBLIC CONYENIENCE AND NECESSITY
Atlantic Limousine, Inc.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I lam D.
Sessoms, Jr.
Councii Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 28 -
Item II -K.5
CONSENT AGENDA ITEM # 35195
Upon motion by Vice Mayor Fentress, seconded by Counci im8n Sessoms, CitY
Council ADOPTED:
Ordinance authorizing tax retunds In the amount of
$8,971.75 upon application of certain persons and
upon certification ot the City Treasurer tor
payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
mber 17 1991
11/22/91 E@IC
RM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- D ate Penalty I nt. Total
NAME Y ear of Tax Number tion No. Paid
5/28/91 275.58
Lincoln County Nat'l Bank 91 RE(2/2) 75704-1 7.74
91 RE(2/2) 124119-6 6/5/91
Troy Nichols Mortgage q5597-9 12/5/90 1,415.90
Harry j Capossela 91 RE(1/2) 9/18/91 1,415-90
Harry J Capossela 91 RE(2/2) 95597-0 6/29/90 1,557.05
liarry J Capossela 90 PE(1/2) 94772-0 6/29/90 1,486.28
90 RE(2/ 94772-0 1,256.00
Harry J Ca 'oossela 89 P,E (11;1 93584-3 11/23/88 1,523.90
Harry J Capossela Bq /2) 93584-3 12/27/90 7.33
Harry H Capossela - RE(2,
TrOY Nichols tiortoage 90 P.E(1/2) 122724-8 12/1/89 7.33
Troy Nichols Mortgaqe 90 RE(2/2) 122724-8 5/31/9n 6.87
RE(1/2) 120518-5 11/30/88
Troy Nichols Mortga-ge 80, 2) 120518-5 6/2/89 6.87
Troy Nichols mortgage 89 RE(2/ 5.00
Dreda Shoemo 91 Dog V10887 9/10/91
Total 8,971.75
This ordinance shall be effective from date of adoption.
The e abatement(s) totaling
$ a@ov I . ere approved by
8 97 75
the Council of t@R Ci y of V
I t D@= , 1991
Beach on the @-day of reasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
- 29 -
Item 1 1-K.6
CONSENT AGENDA ITEM # 35196
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance authorizing license refunds in the amount
of $108,085.44 upon appilcation of certain persons
and upon certification of the commissioner of
Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
Reba S. McClanan
FORM NO. C.A. 8 REV. M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the tollowing applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Humana virginia Hospital, Inc. 108,085.44
T/A Bayside iiospital 1989-91 Audit 108,085.44
P. o. Box 1438
Louisville, KY 40201
Certified as to Payment:
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 108,085 - 44 were approved by the Council
17 December 91
of the City of Virginia Beach on the - day of 119 -
Ruth Hodges Smith
City Clerk
- 30 -
Item II-L.I.
APPOINTMENTS ITEM # 35197
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
BOND REFERENDA COMMITTEE
Robert M. Hayes, Interim Director of Finance
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
31 -
item
APPOINTMENTS ITEM # 35198
Upon NOMINATION by Vice Mayor Fentress, city Council APPOINTED:
HAWTON ROADS PLANNING DISTRICT COMMISSION
James K. Spore, City Manager
Unexpired term thru 6/30/93
Voting: 10-0
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 32 -
Item 11-L.3-
APPOINTMENTS ITEM # 35199
Upon NOMINATION by Vice Mayor F.entress, City council APPOINTED:
MILITARY LIAISON COMMISSION
James K. Spore, City Manager
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 33 -
Item 11-L-4-
APPOINTMENTS ITEM # 35200
Upon NOMINATION by Vice Mayor Fentress, city Council APPOINTED:
SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA)
James K. Spore, City Manager
(Alternate)
Unexpired term thru 12/31/92
Votlng: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 34 -
item 11-M.l.a.
UNFINISHED BUSINESS ITEM # 35201
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council AGREED to ADD TO THE AGENDA:
Resolution re construction of certain elements of
the Lake Gaston project to commence at the earliest
possible date, consistent with ruling of the Court
and requlrements of law.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 35 -
Item 11-M.l.b-
UNFINISHED BUSINESS ITEM # 35202
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Counci lman Heischober, City
Council ADOPTED:
Resolution re construction of certain elements of
the Lake Gaston project to commence at the earliest
possible date, consistent with ruling of the Court
and requirements of law.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Absent:
Reba S. McClanan
1 A RESOLUTION PERTAINING TO
2 CONSTRUCTION OF CERTAIN ELEMENTS OF
3 THE LAKE GASTON PIPELINE PROJECT
4 WHEREAS, on December 6, 1991, the united States
5 Court of Appeals for the Fourth Circuit issued an opinion in the
6 case of State of North Carolina v. City of Virginia Beach in which
7 it directed that the City be permitted to go forward with actual
8 construction of certain portions of the Lake Gaston Pipeline
9 Project; and
10 WHEREAS, those portions constitute the "critical
11 path" elements of the Lake Gaston Pipeline Project, in that their
12 completion will substantially facilitate and expedite the
13 construction of the remainder of the Project; and
14 WHEREAS, the critical path elements of the Project
15 consist of six overhead river crossings and the portion of the pump
16 station lying below grade; and
17 WHEREAS, there is a great public necessity for the
18 completion of the Project at the earliest possible date; and
19 WHEREAS, in order to facilitate the commencement of
20 actual construction of the critical path elements of the Project at
21 the earliest possible time, it is necessary and advisable
22 immediately to undertake certain measures preparatory to the
23 commencement of construction, which measures include, among others,
24 the prequalification of bidders and the process of soliciting bids
25 and awarding contracts;
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
27 CITY OF VIRGINIA BEACH, VIRGINIA:
28 That the City Staff is hereby authorized and
29 directed forthwith to undertake all ineasures which are necessary or
30 advisable in preparation for, and to facilitate, the coininencement
31 of actual construction of those portions of the Lake Gaston
32 Pipeline Project constituting the aforesaid critical path elements
33 of the Project.
34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
35 VIRGINIA BEACH, VIRGINIA:
36 That actual construction of the aforesaid critical
37 path elements shall be commenced at the earliest practicable date,
38 consistent with the ruling of the Court and the requirements of law
39 pertaining to public construction contracts.
40 Adopted by the city Council of the city of virginia
41 Beach on the 17 day of December 1991.
42 CA-91-4520
43 \wTnwater\gaston.res
44 R-1
2
- 36 -
Item 11-M.2.a.
UNFINISHED BUSINESS ITEM # 35203
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council AGREED to ADD TO THE AGENDA:
Resolution expresslng deepest appreciation for
Musicians and Directors of Orchestra of Virginia
Beach and encouraging the support of our citizens.
Voting: 11-0
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 37 -
Item ii-M.2.b.
UNFINISHED BUSINESS ITEM 35204
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Counci woman Parker, City
Council ADOPTED:
Resolution expressing deepest appreclation for
Musicians and Directors of Orchestra ot Virginia
Beach and encouraging the support of our citizens.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndort, Nancy K. Parker and Wi I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
Requested by Mayor Meyera E. oberndorf
1 A RESOLUTION IN SUPPORT
2 OF ORCHESTRA VIRGINIA BEACH
i
3 WHEREAS, ORCHESTRA VIRGINIA BEACH has, since its
4 formation, provided inusical programs of superior quality,
5 contributing richly to the cultural heritage of this CitY;
6 WHEREAS, this valuable cultural resource has enhanced the
7 image of virginia Beach as a progressive community whose benefits
8 to our citizens include the availability of refined musical
9 entertainment;
10 NOW, THEREFORE, be it resolved by the Council of the City
11 of virginia Beach, Virginia:
12 That city Council hereby expresses its deepest
13 appreciation for the musicians and directors of ORCHESTRA VIRGINIA
14 BEACH, and encourages the support of the citizens of virginia Beach
15 for this outstanding orchestra.
16 Adopted by the Council of the city of Virginia Beach,
17 virginia, on the 7@ day of December 1991.
18 CA-4523
19 NONCODE\ORCHESTR.RES
20 R-1
38 -
ADJOURNMENT ITEM # 35205
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
M,eting at 6:20 P.M-
th Hodge S.,th, CMCIAAE Mayor
City Clerk
City of Virginia Beach
Virginia