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DECEMBER 6, 1994 MINUTES it "WORLD'S LARGEST RESORT CITY" (:ITY (@OI;N(@IL "I'@1,11 I IllIN l@@.... I,,@, -,,I, 11@@IIIIN l@,, I,INI:l 11-1@, 11 CITY COUNCIL AGENDA DECEMBER 6,1994 CITY MANAGER'S BRIEFINGS - Council Chamber - 10:30 AM A. JUVENILE DETENTION FACILITY NEEDS ASSESSMENT Frank H. Drew, Sheriff B. COMPREHENSIVE 1994 ANNUAL FINANCIAL REPORT Patricia A. Phillips, Director of Finance C. HOTEL RESERVATION SYSTEM James B. Ricketts, Director of Convention and Visitor Development ii. INFORMAL SESSION Council Chamber - 12: NOON A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. CITY COUNCIL CONCERNS D. RECESS TO EXECUTIVE SESSION ill. FORMAL SESSION Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Charles Norman Moore Salem United Methodist 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 November 22, 1994 G. COUNCIL COMMITTEE REPORT 1 1986 BOND REFERENDA William A. Schlimgen, Chairman H. RESOLUTION/ORDINANCES 1 Resolution to request the General Assembly adopt legislation to amend Section 15.1- 11.2:1 of the Code to allow removal of graffiti from private property on a nonvoluntary basis; and, such removal or repair be at the expense of the City. 2. Ordinance to authorize the City Manager to exec4Ae an acceptable Lease Agreement with Brassis Golf Corporation/The Gauntlet at Virginia Beach, Inc., re approximately 185 acres of city property for the construction, maintenance and operation of an eighteen- (1 8) hole public golf course plus related amenities (PRINCESS ANNE BOROUGH). 3. Ordinance to establish Pool Corrosion CIP Project 4-963; to APPROPRIATE $1,900,000 from the General Fund Balance to finance the correction of corrosion problems at the City's recreation center Indoor pools and related facilities; and, direct the City Attorney to take appropriate action to recover public funds and/or damages incurred. (Deferred November 22, 1994) 4. Ordinances to authorize temporary encroachments into portions of the City's right-of- ways: a. Princess Anne Road at Holland Road to the Trustees of St. John's Baptist Church re constructing and maintaining a directional sign (PRINCESS ANNE BOROUGH). b. 84th Street and Oceanfront Avenue to Joshua P. Darden, Jr., and Elizabeth Darden re constructing and maintaining an in-ground sprinkler system and landscape materials (LYNNHAVEN BOROUGH). C. Pembroke Lake to Elmer C. Blake and Dorothy W. Blake re constructing and maintaining a bulkhead at 605 Putnam Road (BAYSIDE BOROUGH). 1. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1 . Resolution to authorize the City Manager to execute a guarantee on behalf of the City for the benefit of the Virginia Beach School Board re meeting the financial responsibility requirements for taking corrective action and compensating third parties for bodily injury and property damage pursuant to State and Federal underground storage tank regulations. 2. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach: a. Section 2-452.1 re Chesapeake Bay Preservation Area Board. b. Section 21-338 re driving while under the influence. C. Section 30-57 re land disturbing activity. 3. Ordinance to APPROPRIATE $11,564,452 for FY 1994-1995 Operating Budget re payment of purchase orders brought forward from FY 1993-1994. 4. Ordinance to TRANSFER $141,580 from within the FY 1994-1995 Operating Budget Reserve for Contingencies to the Police Department's Operating Budget re additional funding for replacement of 42 police packaged vehicles. 5. Ordinance to authorize tax refunds in the amount of $395.46. J. PUBUC HEARING 1. PLANNING a. Application of SEA ESCAPE CORPORATION re property at the Northeast and Southeast corners of the Atlantic Avenue and 17th Street intersections, containing 30,000 square feet more or less (VIRGINIA BEACH BOROUGH). (1) Conditional Chan@ Classification from -1 Tour'st District to 2 Resort District Deferred: November 22, 1994 (2) Ordinance to TRANSFER $130,000 from TGIF Reserves to fund the DevelopmenVLonse Agreement. (3) Ordinance to AUTHORIZE the City Manager to execute a Lease and Development Agreement. Recommendation: APPROVAL b. APPlications of EDWARD B. and JEAN M. SNYDER, Trustees of Snyder Family Trust and CHECKERED FLAG MOTOR CO., INC., on the East side of Clearfield Avenue 170 feet more or less South of Virginia Beach Boulevard, (5315 Virginia Beach Boulevard) (KEMPSVILLE BOROUGH): (1) Chanae of Zonang D'strict Classification from R-7.5 Residential District to 5--2 Community Business District, containing 16,552.8 square feet. (2) Condit@onal Use Permit for pair, containing 10.5 acres. Recommendation: APPROVE BOTH APPLICATIONS C. Application of MARK CALCAGNI for a Condet'onal Use Permit for sto@ and processing of salvaae. scrap or *unk, on the North side of Mac Street, East of South Witchduck Road (122 S. Witchduck Road), containing 12.693 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of WILLIAMS HOLDING CORPORA'TLON for a for a lempora[y rmclina operation on the East side of Military Highway, 21 0 feet more or less North of Alexandria Lane, containing 54 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Application of DAUGHERTY-LEE INC., T/A Affordable Tent Co., for a Conditional Use Perinit for motor veh*cle rentals (t@ at the Southwest comer of 21 st Street and Cypr@ Avenue (700 21 st Street), containing 20,224 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL f. Application of NORTH LANDING BAPTIST CHURCH for a Modification to the rimberiake Land Use Plan at the Northeast intersection of Foxwood Drive and Windsor Oaks Boulevard (4080 Foxwood Drive, Suites 101 and 103), containing 17,598 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY CORRECTIONS RESOURCE BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA At-Risk Youths and Families) COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION RESORT AREA ADVISORY COMMISSION (RAAC) THE VIRGINIA BEACH FOUNDATION, INC.'- Distribution Committee L. UNFINISHED BUSINESS M. NEW BUSINESS 1 COUNCIL-SPONSORED ITEMS: a. Ordinance to APPROPRIATE $71,951 from the General Fund Ba@ to Fy 1994-1995 Operating Budget of the Department of Convention and Visftor Development to address the shortfall of funding for the American Music Festival. (Sponsored by Mayor Meyera E. Oberndorf and Vioe Mayor William D. Sessoms, Jr.) b. Public Works Specifications and Standards - Revision to Drawings A-1 1, A-1 2, A-13 and A-18. (SPonsored by Council-man Nancy K. Parker) 2. Abstract of Votes cast in the General Election held November 8, 1994. N. ADJOURNMENT PUSUC HEARING DECEMBER 13,1994 2:00 PM - COUNCIL CHAMBER Proposed Charter Amendments to 1995 General Assembly: a. Compensation for Council Members b. 2/3 Vote re Bond Referendum C. Office of School Superintandent d. Election date of School Board e. Fees re Civil Actions f. High Constable 9. Justice of the Peace 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 Dea@ 12/01/94 bap AGENDA\12-06-94.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 6, 1994 Mayor Meyera E. Obemdorf called to order the CITY MANAGER'S BRIEFING to the VIRGINL4 BF.4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 6, 1994, at 10:30 A.M. Council Members Present.- John A. Baum, Linwood 0. Branck III, Robert K Dea@ William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms Council Members Absent.- Louisa M. Strayht)rn [EARTERED: 10:55 A.M.1 Vice Mayor Sesso?w, being a Corporate Officer of Central Fidelity Bank, disclosed there were no ?naffers on the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank 77te Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. rzce Mayor Sessoms' letter of September 27, 1994, is hereby made a part of the record 2 MA YOR'S CONCERNS ITEM # 38602 Mayor Oberndorf extended congratulations to Council Lady Ilenley upon lwssing her Comprehensive in preparation for her Master's Degree. Council Lady Henley advised Rick Berry, Buddy K*eeler and Sheriff Drew were in the audience and also deserve congratulations for their passing similar Comps to attain their Master Degrees. ITEM # 38603 Mayor Oberndorf referenced the article in USA TODAY, which contained a comparison of each City in the Nation relative crime rates. The City of Virginia Beach was ranked fourth in its ability to keep crime under control. Mayor Oberndorf presented a bandanna to Members of City CounciL 77tis was a symbol of the theme of the U.S. Conference of Mayors. "Say No, to Vtoknce on our Streets and in our Neighborhoods " and "No, to Unfunded Mandates Now!" December 6, 1994 - 3 - CITY MANAGER'S BRIEFING JUVENILE DETENTION FACILITY NEEDS ASSESSMENT 10:30 A.M. ITEM # 38604 Sheriff Frank H. Drew advised in February 1994 the City Council appointed a task force, the Juvenile Detendon Needs Assessment Committee, to study the need for a secure juvenile detention facility in Virginia Beach as a follow-up to earlier CIP action, and ay the first required step to obtain State cost participation. 7he Sheriff was designated as Chair. Ais needs assessment addresses specific issues to document the need for construction of a secure detention facility in ;-zrginia Beach. It is the first step in a two-step State processfor requesting State reimbursement through the Board and Departinent of Youth and Family Services for construction and operating costs of a secure juvenile detendon faciuly. A complete planning study is the second step. Ihis analysis does not address issues of ownership and operation of the proposed facility or regional cooperation in the construction or operation of such a facility. 7hese issues would be addressed in the next phase of this process, the planning study. It is the recommendation of the Committee that a securejuvenile detention facihty is needed in Virginia Beach, and the City staff should be authorled to submit this report to the State for approval,- and, as soon as possible put out a request for a proposal for a planning study using the information in the needs assessment, as approved by the .5tate. 7here can be little argument that a facility will be needed In the past six years, juvenile arrests for violent crimes increased drastically (4117.). Juvenile arrests for rape increased 17%; weapons violations increased 6901o,- and aggravated assault increased 17701c. In FY 93- 94 a total of 121juveniles were arrested for vioknt crimes. In 1993, juveniles accounted for 42% of all robbery arrests, 50% of all burglary arrests, 90% of all auto theft arrests and 31% of all weapon violadons arrests according to the P(@lice Department and the FBI Uniform Crime Report. 7his totaled 51 7 juvenile arrests. In addition, over the last five years, the City of Chesapeake's 52-bed Tidewater Detention Home, which provides secure detention services to Virginia Beach and sLx other localities has been severely overcrowded with an average operating capacity of 151%. rzrginia Beach's average daily population count of juveniles in secure detention has steadily increased over the last 12 years from 14 to 31. From July 1, 1994 to ()ctober 31, 1994, @irginia Beach's average daily population of juveniles in secure detention increased from 31 in July to 42 in October with as many as 50 + juveniles in the -flrsl half of November. Zhe City of Chesapeake does not plan or desire to expand the Tidewater Detention Home (TDH) beyond the 100-bed facifity now being expanded and renovated,- although, it is expected that beds will be available to the City of Virginia Beach into the next century. Utilizing the data available, it is projected that the total number of beds needed to serve the City could vary between 40 and 72. In consideration of trends over the last several years, the City Council has already programmed funding f()r a 40-bed secure juvenile detention faciuly in its approved Capital Improvement Program. Based on rough estimates used in that budget, the total cost for construction of a 40-bed facility, including land acquisition, is $5,270,987 and the first year's total operational cost, including building repair, is $2,320,881. Net cost to the City for construction of the facility is estimated at $2,861,902 and cost to the @tate at $2,409,085. For the first year of operation, net operating cost is esti?nated at $647,359 for the City including building repair c()sts, and $1,673,522 for the State for two- thirds cost ofpersonnel salarieslfringes and contractual services and 100% of (perations excluding ()n- going building nwintenance costv. Ihe work of the Committee tendv lo Yupport the CIP. It appears that a 40-to-50 bed facihty, in conjunction with leased bed@v from IDH, will meet the City's immediate foreseeable needs. It is almost impossible to predic4 with any accuracy, when longer term needs will be in actual numbers. 7herefore, a modest initial approacl4 with flexibility, is needed 7he Committee suggests a range of beds for this report due to the fact that these facilities are typically building iri "pods " to optimize staffing and minimize construction costs. Ihe exact number of beds within thal range can best be determined in the planning study. Ihe current CIP budget may well prove adequate. @5ufficient fundv are currently available to conduct the planning study. A reasonable expectation is that a fa(-ility could be opened in appr()ximately 3-to-4 years from approval (@f the needs assessment. December 6, 1994 4 CITY MANAGER'S BRIEFING JUVENILE DETENTION FACILITY NEEDS ASSESSMENT ITEM # 38604 (Continued) Sheriff Drew cited the following recommendations of the Juvenile Detention Needs Assessment Committee: AuthorL-e the City Manager to submit the needs assessment to the Department of Youth and Family Services. Upon State approval of the needs assessment, move forward immediately with the planning study for a 40-50 bed secure juvenile detention facifity incorporating shell space and designed for ultimate expansion. 77ie planning study will also further analyze City construction versus private development and lease-back options. Continue to utilize bed space at TI)H and authorize the City Manager to extend agreements with the City of Chesapeake ft)r use of TDH. F-xplore further options for less secure detention of appropriate juveniles. Sheriff Drew assured there will be support from the State legislators and Patricia West, Director of the State Department of Youth and l,amily Services. Juvenile Detention Needs Assessment committee Members Sheriff Frank Drew Bruce Bright T'irginia Beach Court Services Unit E. Dean Block Management and Budget Ueutenant James Cervera Police Department Charles X Davis Department of General Services Stacy Hershberger Department of Management and Budget Captain Linda Jacocks Sheriff's Department Judge H. Thomas Padrick Juvenile and Domestic Relations Court Mary Pace rirginia Beach City Public Schools Gayk Simons Social Services Dr. Dennis Wool Department of Mental Health and Mental RetardationISubstance Abuse Commonwealth's Attorney Robert flumphreys also provided great assistance in the compilation of this report. December 6 1994 - 5 - CITY MANAGER'S BRIEFING JUVENILE DETENTION FACILITY NEEDS ASSESSMENT ITEM # 38604 (Continued) E. Dean Block, Director of Management and Budget, advised the City of NorfoLk is building an 80-bed faciUiy on City owned @ at a cost of $8-112-MILLION. A Juvenile facility in Virginia Beach will not be a "lock up". It will be a facility that is 60% education and 40% detention. Judge H. Thomas Padrick, Juvenile and Domestic Relations Court, advised at the present time in secure detention, 'jail for juveniles", there are (Yver 120 inhabitants of the Tidewater Detengion Home. 7his consists of 20 females and over 100 males. Capacity is supposed t() be 10 females and 42 males. Of these 120 plus juveniles, 53 of them are from Trirginia Beach. In trying to deal with the problem of overcrowding, other options must be utilized Juveniles can be put in home detention with a "bracelet". It is not unusual for juveniles to appear in Court with the attitude that they cannot be locked up. Residents of the Detention Home are individuals charged with homicide, armed robbery, possession of cocaine and other serious crimes. Years ago when the City was a small community, the concept of a shared Detention Home was an excellent idea. With the present populous, the City needs its own facility. City Council expressed appreciation to the committee and advised 5heriff Drew recently was the recipient of an award for being the Number One Juvenile Fund Raiser iii the State of rirgiriia. December 6, 7994 - 6 - CITY MANAGER'S BRIEFING COMPREHENSIVE 1994 ANNUAL FINANCIAL REPORT 11:25 A.M. ITEM # 38605 Patricia A. Phillips, Finance Director, advised as required by Sections 15.1-163 and 15.1-167 of the Code of Virginia, the City must present the results for the year ending June 30, 1964, by December 31, 1994. 77iis requirement was enacted into law by the 1993 General Assembly. In order to be in compliance with this law, the City's Comprehensive Annual financid Report (CAFR) is being distributed to City CounciL ALL GOVERNMENT FUNDS AND ACCOUNT GROUPS Governmental Fund Proprietary Fund Fiduciary Fund Type Account Group Types @pes General Fund Enterprise Funds: (7) Trust an Agency General Fixed Assea Funds: Special Revenue Internal Service Expendable Trust General Long-Term Funds: (25) Funds: (11) Funds: (13) Debt Debt Service Fund Agency Funds: (6) Capital Project Funds I COMBINED BALANCE SHEET - ALL FUND TYPE@V AND ACCOUNT GROUPS JUNE 30, 1994 1994 1993 ASSETS Cash and inves@nts $ 404,366,162 $ 356,732,560 Receivables (net of allowatice 47,807,127 43,786,361 for uncollectables) Duef-m Otherfunds and 22,428,472 18,949,877 Governments Inventories 31,011,469 2,462,532 Other 22,971,176 27,772,581 Fired Assets - net of 1,538,298,127 1,456,162,083 accumulated depreciationl amortizaion and construction in Progress Amount to be Provided for 508,976,528 472 953 960 1 Retirement of General Long- Term Debt TOTAL ASSETS 8 61 8 9954 LLIBILITIES & EQUITY & OTHER CREDITS Total Liabilities (Including $ 795,823,517 Bonded Debt) Total Equity and Other 1,780,035,544 1 665 482 157 Credits TOTAL LL4BILITIES & 8 9 06 $2,37_8 819-954 EQUITY AND OTHER CPEDITS December 6, 1994 - 7 - C IT Y MANAG ER'S BRIE FIN G COMPREHENSIVE 1994 ANNUAL FINANCIAL REPORT ITEM # 38605 (Continued) SUMMARY OF EXPENDITURES ALL GOVERNMENTAL AND PROPRIETARY FUNDS FOR THE YEAR ENDED JUNE 30, 1994 FUND TYPE TOTAL EXPENDITURES All Governmental Funds $ 720,178,710 All Enterprise Funds 112,616,706 LESS.- All Internal Service l,unds (29,153,787) TOTAL EXPENDITURES I Mrs. Phillips advised one of the most important indicators offinancial strength is the Undesignated Fund Balance. 7he Undesignated Fund Balance has increased for the fourth consecutive year for Virginia Beach. It increased $3.8-MILLION. Focusing in on the (;eneral fund, one of the indicators most utilized by rating agencies for evaluating financial condition is what percent is the Undesignated General Fund Balance of total revenues. This figure is over 10% each year and in some years substantially over 10%. Undesignated Fund Balance at June 30, 1994: $62.6-MILIION. Educadon represents 53% of General Government Lxpenditures. Ihe City contributed approximately $168-MILLION to the $328-MILLION School Operating Fund. Transfers were trade from the School Textbook Fund and the School Self Insurance Fund so that the @chool Operating Fund would not be in a deficit position. 7he two transfers totaled $1.5-MILLION. Mrs. Phillips cited the chart depicting the Water and Sewer Enterprise fund. 7his fund had a Net Income amounting to $7.3-MILLION with retained Farnings of $138-MILLION. The Storm Water Enterprise Fund is a relatively new fund. STORM WATER ENTERPRISE FUND STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS FOR THE YEAR ENDED JUNE 30,1994 Operating Revenues $ 6332,156 Operating Expenses Operating Income $ Z632,934 Nonoperating Revenues Z044,640 Operating Transfers to CIP 000 NET INCOME $ 2,977,574 Retained Earnings - July 1 73 Retained Earnings - June 30 47 7'he Tourism Growth Investment Special Revenue Fund contains a Fund Balance as of June 30, 1994 of $1,059,531. Mrs. Phillips displayed charts depicting the General Property Tax Revenue which represents 38% of general government revenues. 7he General Sales Tax Revenues represent approximately $29-MILLION as of June 30, 1994. Business License Revenue is one of the revenue items that exceeded budget and contributed to the huge increase in the General Fund Balance. 7his Revenue represented approximately $20-MILLION. Charts depicting Restaurant Meal Tax and Hotel Room and Meal Tax Revenue were displayed December 6, 1994 8 CITY MANAGER'S BRIEFING COMPREHENSIVE 1994 ANNUAL FINANCIAL REPORT ITEM # 38605 (Continued) 7he City Manager advised if the State ehminates the Business Ldcense Tax, the Real Estate Tax would have to be raised approximately 12 or 13 cents. Ihe City Staff shall identify the types of services for which all of 4hese revenues are utilized in order for the revenues to be available in a simplified form for the public to understand Mrs. Phillips advised the amusement tax rates remain the same but now encompasses a larger base, i.e. driving range and deep sea fishing revenues are now being included. 7here are more movie theaters opening. Mrs. Phillipv will prepare a graph depicting the frendv in the amusement tax. Information relative the monit()ring on weekends of businesses who should have business licenses will be provided. Mrs. Phillips will advise City Council relative the planned or neutral revenues from the Cafeteria in the Judicial Center. Ihis Cafeteria is now closed. Mrs. Phillips will reflect the dollar value of Compensatory Leave. 7he Mayor and City Council complimented Mrs. Phillips on the excellenct COMPREHENSIVE 1994 ANNUAL FINANCIAL REPORT December 6, 1994 9 CITY MANAGER'S BRIEFING HOTEL RESERVATION SYSTEM 12:14 P.M. ITEM # 38606 Jams B. Ricketts, Director of Convention and Pi-sitor Development, advised the successful bidder for the City's Lodging Reservation Service was Anasazi Service Corporation. Mr. Ricketts had distributed the proposed contract between Anasazi Service Corporation and the City of Virginia Beach, which is hereby made a part of the record Ron Kuhlinan, Director of Marketing Sales, advised Anasazi Service Corporation was founded in 1978 and is an operating division of CSG Holdings, Inc. Anasazi 4s an industry leader in hotel reservations technology and was recently awarded a contract by the International Association of Convention and Visitors Bureaus to provide a nationwide convention housing reservation system. Anasazi handles inventory of over I -MILLION hotel roonu throughout the world and has developed the software for Best Western, Choice International, I)ays Inn, Ramada, Howard Johnson and Promos Companies. Anasazi is the developer of the ukra switch system. 7he ultra switch is the means by which if you are speaking with a travel agent, utilizing an airline computer, they can book hotel reservations through that airline computer or the lines of ultra switch right through the hotel system. So far in 1994, the City has had in e,xcess of 350,000 inquiries come into the Visitor Information Center. Of that number, approximately 160,000 come in on the 1-800-BE,4CH )7hone line. 7he proposed system would have the inquirer go directly into a live operator. They would then have the opportunity to close that sale and give the customer "one stop" shopping experience. @ Stays 77ie Same? Maifing Labels Golf and Honeymoon VBHMA Brochure Walk-In Assistance Specific Inforowtion Assis&ance Weekly inquiry reports What Is New? Live Operators for inquiries and reservations Muki-lingual operators Generates Revenue for HotellMotel Association and for community causes and City Generates Revenue for hotel properties AbiUly to make reservations or "close the sale" Cost No addidonal cost as a result of the contract. Places cap on some incremental costs. Cost to City declines as number of reservations increase Hotels pay commissions (]Ocl.) upon guest checkouts, Minimal start-up costs for the hotels. One-time up-front data load charge No monthly fee to belong to the system. December 6, 1994 - 10 CITY MANAGER'S BRIEFING HOTEL RESERVATION SYSTEM 12:14 P.M. ITEM # 38606 (Continued) Mr. Kuhlman cited key points in the agreement: 77ie contract places a cap on costs to the City. Ihese costs to the City will decline as the number of reservations increase. The cost cap is at current operating cost, so no additional costs are incurred. Anasazi will collect an additional 1.5% commission from the hotel participants which will be distributed as foll()wv; 1% to the CBD marketing fund. 112 of 1% to the Virginia BeachIHotel Motel Association (VBHMA) Ihese funds are collected and distributed by Anasazi and do not pass through the City's revenue accounts. 7he VBHMA has agreed with the City to distribute their portion of the fee to community based projects, specifically a 10-year commitment to both the Virginia Marine Science Museum and Virginia Beach Volunteer Rescue Squads. 7his portion has been reviewed by the City Attorney. The rtrginia Beach IlotellMotel Association is a 501(C)6 non- profit corporation. Caron Jeffries, Procurement 5pecialist, advised five proposals were received from the PFP.- Anasazi, NARS MTA, Jarvin, Recreational Management, Reservations Plus and Visitors Service, Inc. Reservations Plus is a local company. The five evaluation criteria were. Experience Capability and Skills Services to be provided by the offerer Price Clarity of Proposal Anasazi outpaced the rest of the competition. December 6, 7994 ITEM 38607 Mayor Meyera E. Oberndorf called to order the INFO SESSION of the 1,7RGINLI BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 6, 1994, at 12:45 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, rice Mayor William D. 5essoms, Jr. and Louisa M. ;trayhorn Council Members Absent: None December 6, 1994 - 12 - ITEM # 38608 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 amende(4 for the following purpos(-: PERSONNEL MAITERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appoint?nent, promotion, performance, demotiom salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to .5ection 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions Board of Building Code Appeals Chesapeake Bay Preservation Area Board Community Corrections Resource Board Community Policy and Management Team - C@SA Community Services Board Francis land House Board of (;overnors Planning Commission Review and Allocation Committee (COI(,) Resort Area Advisory Commission Ilirginia Beach Foundation, Incorporated 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 fiiture of an institution which could affect the value ofproperty owned or desirable for ownership by such institution pursuant t(i .5ection 2.1-344(A)(3). To-Wit: Acquisition of Properly - Lake Ridge Bayside Borough Upon motion by Vice Mayor 5esvoms, seconded by Council Lady @trayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Bawn, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sevsormv, Jr. and Louisa M. Strayhorn Council Members Voting Nay. Non e Council Members Absent: Linwood 0. firanch, III December 6, 1994 - 13 - FORMAL SESION VIRGINL4 BF,4CH CITY COUNCIL December 6, 1994 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 6, 1994, at 2:00 P.M. Council Members Present.- John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr., Barbara M Hen@, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, rice May(@r William D. Sessoms, Jr. and Louisa M. ';Irayhorn Council Members Absent.- Non e INVOCATION, Reverend Charles Norman Moore Salem United Methodist Church December 6, 1994 - 14 Item III-EL. CERTIFIC4TION OF EXECUTIVE SESSION ITEM # 38609 Upon motion by Vice Mayor Sessoiw, seconded by Councibnan Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Fxecutive 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, dis(usyed or considered by Virginia Beach City CounciL Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W Ilarrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III December 6, 1994 #ipso u ton CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCII, WHEREAS: T'he Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative votc recordcd in ITEM # 38608, Pagc No. 12, 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 certirication by the govcming body that such Executive Session was conductcd in confonnity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session wcre heard, discussed or considcred by Virginia Beach City Council. City Clerk December 6, 1994 15 - -F. MINUTES ITEM # 38610 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 22, 1994. Voting: 10-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branck III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Nancy K Parker, Louisa M. .5trayhorn and Vice Mayor William D. .5essotm, Jr. Council Members Voting Nay. Non e Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None Mayor Oberndorf ABSTAINED as she was riot in attendance during the City Council Session of November 22, 1994. December 6, 1994 - 16 - -G AL4YOR'S PRESENTATION ITEM # 38611 William A. Schlimgem Chairman of the Bond Referendum Committee, presented the report on expenditures and obligations incurred by the City through September 30, 1994, on highway and school projects related to the 1986 referendum, community center projects related to the 1987 referendum, school projects related to the 1989 referendum and the Lake Gaston water resource project approved in the 1988 referendum. Concerning the 1986 Highway Referendum, the Ferrell Parkway, Independence Boulevard, Phase H-A, Indian River, Northampton Boulevard, General Booth Boulevard and two Lynnhaven Parkway projects are completed. Construction is scheduled to begin on Independence Boulevard, Phase IV-A in October 1994. Of $39,796,966 authorized., 99.9% or $39,747,033 has been contracted. Relative 1987 Recreation Center Referendum, the Great Neck, Bayside, Bow Creek and Princess Anne facilities are open to the public. Through ';eptember 30, 1994, $32,770,542, or 99.8%, of the $32,850, 000 total has been contracted Referencing the 1986 School Referendum, negotiations are underway for the Various School Site Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood and Glenwood Elementaries. Sites for Landstown (formerly Green Run Elementary and Middle School and Strawbridge (formerly London Bridge) Elementary School have been acquired. Construction began on Ocean Lakes High School in January 1993 and, as of September 30, 1994, was 99.5% complete. Corporate Landing Elementary School is 100% complete. Funds totaling $3Z.310,000, or 100% of the $32,310,000 authorized, have been contra(-tcd. Relative the 1986 School Referendum, work is complete on the original thirteen elementary school gymnasium additions. Construction on the addition at Old Donation Center for the Gifted and Talented began December 1992 and, as of 5eptember 30, 1994 was 100% complete. Work is complete on Strawbridge Elementary and the Bayside and Kellam High ';choot modernizations. Construction of the Tallwood High, Landstown Elementary, and Landstown Middle School projects is 100% complete, respectively. of $68,268,006 authorized, $68,235,980, or 99.9%, has been contracted. Concerning the 1988 Lake Gaston Water Resource Project Referendum, work on the project is delayed pending approval fi-om the Federal Energy Regulatory Commission. Ilowever, in December 1991, Federal Appeals Court ruled construction could begin on the overhead crossings. and the below-ground portion of the pump station. Of $108,35.5,000 authorized, $2Z409,390, or 25.3% has been contracted. December 6, 1994 - 17 Item III-H-1. RESOLUTIONS ITEM # 38612 Upon motion by Councilman Brant'IL seconded by Councilman Baum, City Council ADOPTED: Resolution to request the General Assembly adopt legislation to amend Section 15.1-11.2:1 of the Code to allow removal of graffiti from private property on a nonvoluntary basis;and, such removal or repair be at the expense of the City Voting: 10-1 Council Members Voting Aye. John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Mayor Meyera E Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay John D. Mos.1/2 Council Members Absent: None December 6, 1994 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ADOPT LEGISLATION AUTHORIZING GRAFFITI REMOVAL WHEREAS, the City Council has recognized the problem of graffiti and its impact on the aesthetics and property values in the City; and WHEREAS, the City Council has recognized the need to remove graffiti from private property; and WHEREAS, the Virginia Housing Study Commission has also identified graffiti as a problem, statewide; and WHEREAS, the Housing Study Commission has recommended that legislation be adopted that would allow abatement of graffiti in cases where out-of-state or uncooperative property owners refuse to allow voluntary removal of the graffiti; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That, the General Assembly is requested in its 1 995 Session to adopt legislation to amend Section 1 5.1-1 1.2:1 of the Code to allow for the removal of graffiti from private property with or without the cooperation of the property owner. All such removal or repair shall be at the expense of the City; and BE IT FURTHER RESOLVED, that the City Clerk is directed to communicate a copy of this Resolution to the members of the Virginia Beach General Assembly Delegation. Resolved by the Council of the City of Virginia Beach, Virginia, on the 6 day of December 1 994. - 18 - Item III-H.2 RESOLUTIONS ITEM # 38613 7he following registered m OPPOSITION. Attorney Grover Wright, representing Hell's Point Golf Course, Cyprus Point and Honey Bee 7'homas Broyles, represented Hell's Point and Cyprus Point. Attorney Samuel Meekins, represented Stumpy Lake Golf Course and Cypress Point. Sherry A. Taylor, 5016 South Independence Boulevartt Phone: 471-4452, Manager of the Honey Bee Golf course Upon motion by Pice Mayor Sessoms, seconded by Councilman Branch City Council ADOPTED, AS AMENDED: Ordinance to authorize the City Manager to execute an acceptable Lease Agreement with Brassie Golf Corporationl7'he Gauntlet at lirginia Be"h, Inc, re approximately 185 acres of city property for the construction, maintenance andoperation of an eighteen- (18) holepublic golf course plus related amenities (PRINCES.5 ANNE BOROUGH), subject to: Prior to the execution of the Lease, Brassie Golf Corporationl7he Gauntlet of Virginia Beac& Inc., shall not have the ability to take on additional debt, after the original debt is paid off ,,without the approval of City Council. In no event shall the proceeds of the lease or mortgage be utill-ed for any purpose other than the improvement and enhancement of the site. Voting: 6-5 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Louis R Jones, Trice Mayor William D. Sessona, Jr., and Louisa M. 5trayhorn Council Members Voting Nay: Robert K Dean, Barbara M Henley, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Council Members Absent.- None December 6, 1994 I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE AGREEMENT OF APPROXIMATELY 185 3 ACRES FOR THE CONSTRUCTION, MAINTENANCE AND 4 OPERATION OF A EIGHTEEN (18) fiOLE PUBLIC GOLF 5 COURSE PLUS RELATED AMENITIES 6 WHEREAS, the City presently owns or holds a property 7 interest in 185 acres located along Seaboard Road that may be 8 leased and developed for the constrilction, maintenance and 9 operation of a public golf facility with related amenities; and 10 WHEREAS, Council authorized the City Manager to invite 11 bids for a 30-year lease with a 10-yeai, renewal option for the 12 construction, mainterance, and operati(n of a 18-hole public-use 13 golf facility at this site; and 14 WHEREAS, after the bids were received and evaluated, the 15 bid submitted by Brassie Golf Corporatioii was selected by Council 16 as being in the City's best interest; an(i 17 WHEREAS, dui-ing the golf course design process, the City, 18 Brassie Golf CorporatLon, and Williams @iolding Corporation, as the 19 contiguous residential developer, deterpiined that the optimal golf 20 course configuration may be achieved tlircligh an exchange of like 21 properties betweeii the City and Wi I I ifiiiis Holding Corporation; 22 pursuant to City Council's request by Or,iinEince No. 94-2299D, dated 23 November 8, 1994, the City Manager and W@ 11 iams Holding Corporation 24 executed an Agre @ment to exchange al)l)i-oximately 17 acres of 25 property. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 That the City Manager is authorized to execute a lease 29 agreement in a form substantially the sam(@ as the agreement on file 30 in the Office of tlie C@ity Clerk and acceptable to the City Manager 31 with Brassie Golf Corporation/ The Gaiintl(@t at Virginia Beach, Inc. 32 for the purposes r(@fei-enced above, with the exception that Brassie 33 Golf Corporation/The (-,auntlet of VirginLa Beach, Inc. shall @ 34 have the ability to t,-ike on -ent4 i-1,@bt7 qgcured @ easehold 35 mortqaqes with thle ar))Droval of the Cit-y r whose consent shall _B@ na@@ 36 not be unreasonablv -withheld, @ t4ie @--49 -paid ef f- 37 1/20 ..E)ld-- -..e ii e-f C-ity C-ounei4-i- -a-n,4 but in i@o event shall the 38 proceeds of the leas@2hold mortgage be itilized for any purpose 39 other than the improv,?ment and enhancemei)t of the site premises. 40 Adopted by the Council of i-'i-je City of Virginia Beach, 41 Virginia, on the 0 day of Decem!)ei 1994. 42 CA-5806 43 ORDIN\NONCODE\BRASSIE.ORD 44 R-1 45 12/12/94 - 19 - Item III-H-3. RESOLUTIONS ITEM # 38614 Upon motion by Vice Mayor Sessomv, seconded by Councilman Ilarrison, City Council ADOPTED: Ordinance to establish Pool Corrosion CIP Project 4-963; to APPROPRL4TE $1,900,000 fi-om the General Fund Balance to finance the correction of corrosion problems at the City's recreation center indoor pools and related facilities; and, direct the City Attorney to take appropriate action to recover public funds atidlor damages incurred. (Deferred November 22, 1994) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Barbara M. Ifenley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessotm, Jr., and Louisa M. Strayhorn Council Members Voting Nay. Non e Council Members Absent: Robert K Dean December 6, 1994 I AN ORDINANCE TO ESTABLISH POOL CORROSION CIP PROJECT 4-%3 AND TO 2 APPROPRIATE $1,900,000 FROM THE GENERAL FUND BALANCE TO CIP 3 PROJECT 4-%3 TO CORRECT THE CORROSION PROBLEMS AT THE GREAT 4 NECK, BAYSI]DE, AND PRINCESS ANNE RECREATION CENTERS INDOOR 5 POOLS AND RELATED FACILITIES 6 WHEREAS, the City hired the consulting firm Clark-Nexsen-Owen-Barbieri-Gibson to 7 do a detailed study of the corrosion problems at the Great Neck, Bayside, and Princess Anne 8 Recreation Centers indoor pools and related facilities 9 WHEREAS, as a result of this study, the Consultants recommended that immediate 10 corrective action be taken to mitigate the damage and to protect the pools and related facilities I I from further damage; 1 2 WHEREAS, the Consultants developed a detailed set of recommended design changes, 1 3 repairs and replacements; 14 , Staff concurs' that these design changes, repairs and replacements will solve 15 the problems and return the pools and related facilities to near new condition; and 16 WHEREAS, it is estimated that the cost of these corrective actions will be $1,900,000. 17 NOW THEREFORE, BE IT ORD BY THE COUNCIEL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA; that Pool Corrosion CIP Project 4-963 be established to 19 correct the corrosion problems at Great Neck, Bayside, and Princess Anne Recreation Centers 20 indoor pools and related facilities; and 21 BE IT FURTHER ORD ; that $1,900,000 be appropriated from the General Fund balance 22 to the Pool Corrosion CIP Project 4-963; and 23 BE IT FURTHER ORD ; that the City Attorney review the reported design defects in the 24 recreation center indoor pools and related facilities and take appropriate action to seek just and 25 equitable recovery of any public funds expended and/or damages incurred as a result of these 26 design defects. 27 Adopted by the Council of the City of V Beach on the 6 day of December 1994. 28 This ordinance shall be in effect from the date of its adoption. 29 Approved as to Content: 30 31 Walter C. E 32 @atiment of@ement and Budget - 20 - Item 111-H,4.a PESOLUTIONS ITEM # 38615 A motion was made by Councibnan Deam seconded by Council Lady Parker to DENY the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Princess Anne Road at Holland Road to the Trustees of St. John's Baptist Church re constructing and maintaining a directional sign (PRINCESS ANNE BOROUCH) Upon SUBSTITUTE MOTION by Councibnan Branch, seconded by Vice Mayor Sessolm, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Princess Anne Road at Holland Road to the Trustees of St. John's Baptist Church re constructing and maintaining a directional sign (PR[NCF,'N ANAIF BOROUGII) Ihe following conditions shall be required: 1. 7he owner agrees to remove the encroachment when notified by the City of flzrginia Beack at no expense to the City. 2. 7he owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. Ihe owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, William W Harr4yon, Jr., Barbara M. Ifenley, Louis R- Jones, Mayor Meyera E. Oberndorf, rice Mayor William D. @essoms, Jr., and louisa M. ';trayhorn Council Members Voting Nay. Robert K Dean, John D. Moss and Nancy K Parker Council Members Absent: None December 6, 1994 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF PRINCESS 5 ANNE ROAD TO THE TRUSTEES 6 OF ST. JOHN'S BAPTIST 7 CHURCH, 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 E. R. Cockrell, Jr., Charles Brown, and Norris Shirley, Trustees of 15 St. John's Baptist Church, their heirs, assigns and successors in 16 title are authorized to construct and maintain a temporary 17 encroachment into the right-of-way of Princess Anne Road at Holland is Road. 19 That the temporary encroachment herein authorized is for 20 the purpose of constructing and maintaining a directional sign and 21 that said encroachment shall be constructed and maintained in 22 accordance with the City of Virginia Beach Public Works 23 Department's specifications as to size, alignment and location, and 24 further that such temporary encroachment is more particularly 25 described as follows: 26 An area of encroachment into a 27 portion of the City's right-of-way 28 known as Princess Anne Road at 29 Holland Road, on the certain plat 30 entitled: 11 DIRECTIONAL SIGN FOR 31 ST. JOHNIS BAPTIST CHURCH IN RIGHT 32 OF WAY OF PRINCESS ANNE ROAD AT 33 HOLLAND ROAD SCALE = I"=1.5' DATE 6- 34 6-94, 11 a copy of which is on file in 35 the Department of Public Works and 36 to which reference is made for a 37 more particular description. 38 PROVIDED, HOWEVER, that the temporary encroachment herein 39 authorized shall terminate upon notice by the City of Virginia 40 Beach to the trustees of St. John's Baptist Church, their heirs, 41 assigns and successors in title and that within thirty (30) days 42 after such notice is given, said encroachment shall be removed from 43 the City's right-of-way of Princess Anne Road and that the trustees 44 of St. John's Baptist Church, their heirs, assigns and successors 45 in title shall bear all costs and expenses of such removal. 46 AND, PROVIDED FURTHER, that it is expressly understood 47 and agreed that the trustees of St. John's Baptist Church, their 48 heirs, assigns and successors in title shall indemnify and hold 49 harmless the City of Virginia Beach, its agents and employees from 50 and against all claims, damages, losses and expenses including 51 reasonable attorney's fees in case it shall be necessary to file or 52 defend an action arising out of the location or existence of such 53 encroachment. 54 AND, PROVIDED FURTHER, that the party of the second part 55 agrees to maintain said encroachment so as not to become unsightly 56 or a hazard. 57 AND, PROVIDED FURTHER, that this ordinance shall not be 58 in effect until such time that the trustees of St. John's Baptist 59 Church execute an agreement with the City of Virginia Beach 60 encompassing the aforementioned provisions. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the 6 day of December 19 94 63 09/2 6/94 64 TK/tga 65 KENNEDY\STJOHNS.ORD DEPARTMENT AS To OIF:NCY 2 THIS AGREEMENT, made this day of 19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and E. R. COCKRELL, JR., CHARLES BROWN, and NORRIS SHIRLEY, TRUSTEES OF ST. JOHN'S BAPTIST CHURCH, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, GRANTEE. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a directional sign in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such directional sign, it is necessary that the said party of the second part encroach into a portion of an existing City right-of- way known as Princess Anne Road at Holland Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such sign within a portion of the City's right-of-way known as Princess Anne Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Princess Anne Road for the purpose of constructing and maintaining such sign. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Princess Anne Road at Holland Road as shown on that certain plat entitled: "DIRECTIONAL SIGN FOR ST. JOHNIS BAPTIST CHURCH IN RIGHT OF WAY OF PRINCESS ANNE ROAD AT HOLLAND ROAD SCALE = 111=1.51 DATE 6-6-94,11 a copy of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. It is further expressly understood and agreed that the @i temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the i'l city's right-of-way known as Princess Anne Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and l@ against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file 2 or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the city's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second 3 part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's Office. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part f to remove such temporary encroachment; and pending such removal, 1, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the i@ City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such I compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, the said trustees of St. John's Baptist Church have caused this Agreement to be executed by their signatures and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH BY City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ST. JOHNIS BAPTIST CHURCH Cockrell, Jr.,-Trustee Charles Brown, Trustee Norris Shirley / rustee 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 , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement 5 bearing date on the day of 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. 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 for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on I the day of 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notary Public my Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, -T a Notary Public in and for the City and State aforesaid, do hereby certify that E. R. COCKRELL, JR., whose name as Trustee of St. John's Baptist Church is signed to the foregoing writing, bearing date the 6 I-A@ day of igIA4 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19 Notary Public my Commission Expires: kRI'l STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: i, Lkf)@ cl-i k-e- @ g, e, e -a a Notary Public in and for the City and State aforesaid, do hereby certify that CHARLES BROWN, whose name as Trustee of St. John's Baptist Church is signed to the foregoing writing, bearing date the ay of I lgqq , has acknowledged the same before me in my city and State aforesaid. Given under my hand this day of lgqq 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 NORRIS SHIRLEY, whose name as Trustee of St. John's Baptist Church is signed to the foregoing writing, bearing date the 7 day of 19 9A4 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19 Notary I>ublic My Commission Expires: ZO) APPROVEDAS TO CONTE@ -TN 8 ANNE .4D SITE ECT FOR HN'S 'ST SIGN PR B EERING DRAFTING 10/14/94 3'7 Coml'rtot'rt& q 'i '4 P,--.-r- !S%C.14 %s, rAIXTeb 16@ IA*Tt.vt 'rtkot4i A@D moNittpALc@relt ST* JOHN'S 31 -B-A-PTIST CHURCH 101, r3iftEcnoNA, Fbe 6T '3os4m@ BA(Tisr citocci4 IN Ritior oF w,4y 6 F- Plt)Ag(,FSS At4N4F . RoAb Ar IAOLLA14b DATLI IR Vr ".A biFt6l-Tto&(AL -616AI Foe BAp@.1 rttoitela IN P,16,1&r 6F lt4Ay pp .it4tess At4i4g RoA 0 JA@A140 9,oAb @A@ I " = ZS DATC Nis: Vet4AI -03-SWO 8A6E OIP'RPAFFIC LLG$R WOLLA+4b 14/i= VIRGINIA BEACIFI Inter-Office Correspondence Date: November 9, 1994 Too James K. Spore, Executive From: Ralph A. Smith, Public Works Subject: Encroachment Request - St. John's Baptist Church Princess Anne Road at Holland Road St. John's Baptist Church has installed an off-site directional sign in City right of way at the intersection of Princess Anne Road and Holland Road. They are now applying for an after-the-fact encroachment. During the process of staff review of this encroachment, comments came back from one review agency to deny the request due to the fact that the sign is an off-site directional sign which is not permitted by ordinance. In the past when staff comments have been to deny church signs such as this one, the churches have appealed staff's recommendation to City Council, which has consistently overruled staff and approved the requests for these encroachments. Keeping with your direction to advise you of any potential problems with encroachments coming before Council, we are providing this information to you. An agenda request is attached for use should you choose to proceed to Council with the request. "ra ir @. Sm@ th, LYirector RAS/JCL/t7ga cc: JG)fn W. Herzke Patrick A. Janezeck James C. Lawson Robert R. Loher - 21 - Item III-H.4.b. RESOLUTIONS ITEM # 38616 Joshua Dardept 8402 Ocean Avenue, phone: 425-7626, represented the applicant Upon motion by Councibnan Harrison, seconded by Vice Mayor Sessona, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 84th Street and Oceanfront Avenue to Joshua P. Darden, Jr., and Efizabeth Darden re constructing and maintaining an in-ground sprinkler system and landscape materials (1,YVNIL4VFN BOROUGH), subject to: 1. Ihe owner agrees to provide the City proof of comprehensive liability insurance in the minimum amount of $500,000. 2. 77ie owner agrees to obtain permity andlor performance bonds as required by the City. 3. Ae owner agrees to remove the encroachment when notified by the City of rzrginia Beach, at no expense to the City. 4. The owner agrees to keep and hold the City free and harmless of any liability, as a result of the encr()achment. 5. 77te owner agrees to inaintain said encroachment so as not to become unsightly or a hazard. 6 7he owner agrees not to encroach into the right of way of 84th Street or Oceanfront Avenue in such a manner so as to impede public pedestrian access to the ocean front Voting: 11-0 Council Members Voting Aye: J@ A. Baum, Linwood 0. BrancA III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, rice Mayor William D. Sessoms, Jr., and Louisa M. 5trayhorn Council Members Voting Nay None Council Members Absent: Non e December 6, 1994 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF 84TH 5 STREET AND OCEANFRONT 6 AVENUE TO JOSHUA P. 7 DARDEN, JR. AND ELIZABETH 8 DARDEN, THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That pursuant to the authority and to the extent thereof 14 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 15 Joshua P. Darden, Jr. and Elizabeth Darden, their heirs, assigns 16 and successors in title are authorized to construct and maintain a 17 temporary encroachment into the right-of-way of 84th Street and 18 Oceanfront Avenue. 19 That the temporary encroachment herein authorized is for 20 the purpose of constructing and maintaining an in-ground sprinkler 21 system and landscape materials and that said encroachment shall be 22 constructed and maintained in accordance with the City of Virginia 23 Beach Public Works Department's specifications as to size, 24 alignment and location, and further that such temporary 25 encroachment is more particularly described as follows: 26 An area of encroachment into a 27 portion of the City's right-of-way 28 known as 84th Street and Oceanfront 29 Avenue, on the certain plat 30 entitled: "MAP SHOWING ENCROACHMENT 31 PLAT FOR JOSHUA DARDEN JR. 84TH ST. 32 & OCEANFRONT AVE. CITY OF VIRGINIA 33 BEACH, VA prepared by BUREAU OF 34 MAPPING," a copy of which is on file 35 in the Department of Public Works 36 and to which reference is made for a 37 more particular description. 38 PROVIDED, HOWEVER, that the temporary encroachment herein 39 authorized shall terminate Upon notice by the City of Virginia 40 Beach to Joshua P. Darden, Jr. and Elizabeth Darden, their heirs, 41 assigns and successors in title and that within thirty (30) days 42 after such notice is given, said encroachment shall be removed from 43 the City's right-of-way of 84th Street and Oceanfront Avenue and 44 that Joshua P. Darden, Jr. and Elizabeth Darden, their heirs, 45 assigns and successors in title shall bear all costs and expenses 46 of such removal. 4 7 AND, PROVIDED FURTHER, that it is expressly understood 48 and agreed that Mr. and Mrs. Darden, their heirs, assigns and 49 successors in title shall indemnify and hold harmless the City of 50 Virginia Beach, its agents and employees from and against all 51 claims, damages, losses and expenses including reasonable 52 attorney's fees in case it shall be necessary to file or defend an 53 action arising out of the location or existence of such 54 encroachment. 55 AND, PROVIDED FURTHER, that the party of the second part 56 agrees to maintain said encroachment so as not to become unsightly 57 or a hazard. 58 AND, PROVIDED FURTHER, that this ordinance shall not be 59 in effect until such time that Mr. and Mrs. Darden execute an 60 agreement with the City of Virginia Beach encompassing the 61 aforementioned provisions. 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the 6 day of December 19 94 64 PHA/tga F",PROVED AS TO CONTENT 65 11/14/94 66 annas\darden.ord 2 r r-- THIS AGREEMENT, made this @ +f) day of N)@@(nbQr 19 0 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, ana JOSHUA P. DARDEN, JR. and ELIZABETH DARDEN, his wife, THEIK HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain an underground sprinkler system and landscaping material in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such sprinkler system and landscaping, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as 84th Street and Oceanfront Avenue; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such sprinkler system and landscaping within a portion of the city's right-of-way known as 84th Street and Oceanfront Avenue. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroacnment to use a portion of the City's right-of-way known as nd oceanfront Avenue for the purpose of constructing 84th Street a and maintaining such sprinkler system and landscaping. it is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Conmonwealth of Virginia and the cordance with the City City of Virginia Beach, and in ac Of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as 84th Street and Oceanfront Avenue as shown on that certain plat entitled: $.Dmp SHOWING ENCROACHMENT PLAT FOR JOSHUA DARDEN JR. 84TH ST. & OCEANFRONT AVE. CITY OF VIRGINIA BEACH, VA prepared by BUREAU OF MAPPING," a copy of which is attached hereto as Exhibit "A,. and to which reference is made for a more particular description. It is further expressly un(lerstood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as 84th Street and Oceanfront Avenue by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses includin, 2 reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed tilct L prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and 3 collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOSHUA P. DARDEN, JR. and ELIZABETH DARDEN, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH @-@i@OVED AS TO CONTENT By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk <,j s"u P. Darden, EIizAbeth Darden 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 CITY KANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of 19 has acknowieaged the same before me in my City and State aforesaid. IVEN under my hand this day of G 19 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 tnat RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on 5 the - day of I 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. Notary Public my Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACti, to-wit: a Notary Public in and for the'City and ttate aforesaid, do hereby certify that JOSHUA P. DARDEN, JR. and ELIZABETH DARDEN, who mes are s signed to the foregoing writing, bearing date the ;z day of have acknowledged the same before 19 me in my City and state aforesaid. Given under my hand this day of 19- Wotg Public My Commission Expires: 6 srre SEASHOFIE STATE PARK 74 ATI OCEAN FRONT AVE. DENOTES AREA OF ENCROACHMENT ------------------------- - LL- 00 zz ct -Z., - 22 - Item III-H.4.c. RESOLUTIONS ITEM # 38617 Upon motion by Councilman lones. seconded by Vice Mayor Sessoms, City (,ouncil ADOPTED: Ordinance to authorle a temporary encroachment into a Portion of the right-of-way of Pembroke Lake to Elmer C. Blake and Dorothy W. Blake re constructing and maintaining a bulkhead at 605 Putnam Road (BAYSIDE BOROUCll), subject to: 7he following conditions shall be required: 1. 7he owner agrees to remove the encroachment when notified by the City (@f Kirginia Beach, at no expense to the City. 2. 7he owner agrees to keep and hold the City free and harmless of any liability as a result of the eiicroachment. 3. Ae owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must obtain a permit from the Development Services Center (DSC) prior to commencing any construction within the City property. A Joint Permit Application must be filed with DSC in order ((, obtain said permit. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. .5essoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay. Non e Council Members Absent.- None December 6, 1994 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF CITY 4 PROPERTY KNOWN AS 5 PEMBROKE LAKE TO ELMER C. 6 BLAKE AND DOROTHY W. 7 BLAKE, 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 Elmer C. Blake and Dorothy W. Blake, their heirs, assigns and 15 successors in title are authorized to construct and maintain a 16 temporary encroachment into the City's property known and Pembroke 17 Lake. 18 That the temporary encroachment herein authorized is for 19 the purpose of constructing and maintaining a bulkhead and that 20 said encroachment shall be constructed and maintained in accordance 21 with the City of Virginia Beach Public Works Department's 22 specifications as to size, alignment and location, and further that 23 such temporary encroachment is more particularly described as 24 follows: 25 An area of encroachment into a 26 portion of the City's property known 27 as Pembroke Lake, on the certain 28 plat entitled: "PROPOSED BULKHEAD 29 IN: MANMADE LAKE AT: 605 PUTNAM ROAD 30 CITY OF VIRGINIA BEACH STATE OF 31 VIRGINIA APPLICATION BY: MR. E. 32 BLAKE," a copy of which is on file 33 in the Department of Public Works 34 and to which reference is made for a 35 more particular description. 36 PROVIDED, HOWEVER, that the temporary encroachment herein 37 authorized shall tertninate upon notice by the City of Virginia 38 Beach to Elmer C. Blake and Dorothy W. Blake, their heirs, assigns 39 and successors in title and that within thirty (30) days after such 40 notice is given, said encroachment shall be removed from the City's 41 property known as Pembroke Lake and that Elmer C. Blake and Dorothy 42 W. Blake, their heirs, assigns and successors in title shall bear 43 all costs and expenses of such removal. 44 AND, PROVIDED FURTHER, that it is expressly understood 45 and agreed that Elmer C. Blake and Dorothy W. Blake, their heirs, 46 assigns and successors in title shall indemnify and hold harmless 47 the City of Virginia Beach, its agents and employees from and 48 against all claims, damages, losses and expenses including 49 reasonable attorney's fees in case it shall be necessary to file or 50 defend an action arising out of the location or existence of such 51 encroachment. 52 AND, PROVIDED FURTHER, that the party of the second part 53 agrees to maintain said encroachment so as not to become unsightly 54 or a hazard. 55 AND, PROVIDED FURTHER, that this ordinance shall not be 56 in effect until such time that Elmer C. Blake and Dorothy W. Blake 57 execute an agreement with the City of Virginia Beach encompassing 58 the aforementioned provisions. 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the 6-_ day of December 19 94 61 10/25/94 62 TK/tga 63 F:\... \KENNEDY\BLAKE.ORD @[@ROVED AS TO CONTENT av APPROVED AS TO LEGAL SUFFICIENCY 2 THIS AGREEMENT, made this @- day of 19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and Elmer C. Blake and Dorothy W. Blake, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead, it is necessary that the said party of the second part encroach 1; into a portion of an existing City property known as Pembroke Lake; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead within a portion of the City's property known as Pembroke Lake. NOW, THEREFORE, for and in consideration of the ,I premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's property known as Pembroke Lake for the purpose of constructing and maintaining such bulkhead. GPIN 1477-69-5360 it is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more I particularly described as follows, to wit: An area of encroachment into a portion of the City's property known as Pembroke Lake as shown on that certain plat entitled: "PROPOSED BULKHEAD IN: MANMADE LAKE AT: 605 PUTNAM ROAD CITY OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATION BY: MR E. BLAKE" a copy of which is attached hereto as Exhibit '$A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as Pembroke Lake by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of 2 such tempor@ encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. it is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. i Such exceptions shall be submitted to the Highway Division, ii Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's property known as Pembroke Lake. A joint Permit Application must be filed with Development Services Center for review and approval in order to obtain said permit. IN WITNESS WHEREOF, Elmer C. Blake and Dorothy W. Blake, the said party of the second part has caused this Agreement to be executed by their signatures and seal duly affixed. Further, that the City of Virginia Beach has caused 3 this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto af fixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Elmer C. Blake D6rothy 'Blake 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 CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of 19 has acknowledged the same before me in my city and state aforesaid. GIVEN under my hand this day of 19 Notary Public 4 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 for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the - day of 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19 Notary Public I My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: CAHOI)IJ a Notary Public in and for the City and State aforesaid, do hereby certify that Elmer C. Blake and Dorothy W. Blake, whose names are signed to the foregoing writing, bearing date the .2 / ST- day of 19 9cts, have acknowledged the same before me in my City and State aforesaid. Given under my hand this day Of 19@. -Wrar-y rublic My Commission Expires: 31, 199,r ARROVED AS TO CONTENT 5 DEFARTME@T R 0 K E PE 6 V'i PU LE: MAN MADE LAKE (ONW) Al 4c 4 f Fl. R.t.. w.il row. sia. 0.11 .09-11zs ONE SRORY *RICK N.. $05 OPW Ill?-69.7225 GPIN 1.17-OP-7067 -O' E 61 @,2S' PUTNAM ROAD PROPOSED BULKHEAD No TES., (9 rAW ORA WOO MAY Oft Y BE IJSEO ft Manmade Lake FOR rHE EXCXU&RVIF @OSE OF OR T@ PERMTS Po* THE GOWTRUCTION Wc*x SNOWK AT:605 Putnam Road to P*OPEvry UAW OWaRmAroN wAs rAxEM CITY OF VIRGINIA BEACH FIVON SLWVEY @Y PM&A DATED I APR& 'St-. STATE OF VIRGINIA APPLICATION MY: Mr. E. Slake I A' 23 - CONSEAT AGENDA ITEM # 38618 Upon motion by Councilman Moss. seconded by Councibnan Jones, City Council ADOPTED: Resolution to authorize the City Manager to execute a guarantee on behalf of the City for the benefit of the Virginia Beach School Board re meeting the financial responsibility requirements for taking corrective action and compensating third parties for bodily injury and property damage pursuant to State and Federal underground storage tank regulations. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis P, Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Louisa M Strayhorn and Council Members Voting Nay: Non e Council Members Absent.- rice Mayor William D. Sessoms, Jr. CounciLpnan Moss DISCLOSED pursuant to Section 2.1-639.14((;) of the Code of Virginia, his wife is currently employed by the City of Virginia Beach School Board as a Teacher earning an annual salary in excess of $10,000. Councibnan Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. December 6, 1994 1 A RESOLUTION TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A GUARANTEE ON 3 BEHALF OF THE CITY FOR THE BENEFIT 4 OF THE VIRGINIA BEACH SCHOOL BOARD 5 IN ORDER TO MEET THE FINANCIAL 6 RESPONSIBILITY REQUIREMENTS PURSUANT 7 TO STATE AND FEDERAL UNDERGROUND 8 STORAGE TANKS REGULATIONS 9 WHEREAS, under Title 40 of the Code of Federal Regulations 10 (C.F.R.) Section 280.93(a) and Virginia Regulation 680-13-03, 11 owners and operators of Underground Storage Tanks ("USTs), 12 including the City of Virginia Beach and the Virginia Beach School 13 Board ("school division"), are required to demonstrate financial 14 responsibility for taking corrective action and compensating third 15 parties for bodily injury and property damage caused by accidental 16 releases of petroleum from USTs on a per occurrence basis and in 17 annual aggregate amounts; and 18 WHEREAS, a demonstration of financial responsibility is one of 19 the several requirements with which owners and operators of USTS, 20 including the City of 'lirginia Beach and @ts school division, must 21 comply in order to be entitled to reimbursement from the Virginia 22 Petroleum Storage Tank Fund for expenditures for corrective actions 23 and compensation of third parties in excess of the financial 24 responsibility levels; and 25 WHEREAS, of the several funding mechanisms available to local 26 governments to demonstrate financial responsibility, the least 27 costly and most expeditious mechanism is the guarantee; and 28 WHEREAS, the City has the authority to execute the guarantee 29 for the benefit of the school division; and 30 WHEREAS, the amount of the proposed guarantee is based upon 31 the school division's gallonage of petroleum pumped on an annual 32 basis into all USTs owned and operated by the division. Based upon 33 current figures, the guarantee would be in the amount of $20,000 34 per occurrence for taking corrective action and $60,000 per 35 occurrence for compensating third parties with an annual aggregate 36 guarantee of $80,000; and 37 WHEREAS, the extent of such guarantee will not create charter 38 debt but will be recognized as constitutional debt; and 39 WHEREAS, the school division, in the absence of a guarantee 4 0 from the City, would be unable to meet the financial responsibility 41 requirements of the above-described regulations without maintaining 42 an escrow account of eighty thousand dollars ($80,000.00) for this 43 purpose; and 44 BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY COUNCIL OF 45 THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 46 The City Manager is hereby authorized to execute a guarantee 47 of financial responsibility for taking corrective action and 48 compensating third parties for bodily injury and property damage 49 caused by accidental releases arising from the operation of 50 underground storage tanks on behalf of the City for the benefit of 51 the Virginia Beach School Board in order for the school division to 52 comply with the Underground Storage Tanks financial responsibility 53 requirements contained in 40 C.F.R. 280.93(a) and Virginia 54 Regulation 680-13-03. 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the _ O-- day of Deceilit,er 1994. 57 CA-5530 58 ORDIN\NONCODE\UNDERGROUND.RES 59 R-4 60 PREPARED: November 8, 1994 APPROVED AS TO CONTENT: Dr. Sidne@ L. Faucette Superint,6ndent, Vir"a Bea I @&ci@ Patricia A. Phillips Director, Finance Dept. APP AS TO LEG PICIENCY: ,@D Vanessa T. Valldejuli A@:sistant City Attorney 2 - 24 - em -1 . . . . b CONSEA'T AGENDA ITEM # 38619 Upon mofion by Council?nan Moss, seconded by Council lady Strayhorn, City Council ADOPTED. Ordinances to AMEND and PEOPDAIN the Code of the City of Virginia Beach: Section 2-452.1 re Chesapeake Bay Preservation Area Board. Section 21-338 re driving while under the influence. Voting: 10-0 Council Members Voting Aye., JOhn A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Louisa M. @5trayhorn and Council Members Voting Nay None Council Members Absent: Vice Mayor William D. Sessoms, Jr. December 6, 1994 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTION 21-338 OF THE CODE OF THE 4 CITY OF VIRGINIA BEACH PERTAINING TO 5 DRIVING WHILE UNDER THE INFLUENCE 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That the Code of the City of Virginia Beach is hereby amended 9 and reordained to read as follows: 10 See. 21-338. Chemical testing to determine alcohol or drug 11 content of blood. 12 (a) Definitions. As used in this section, unless the context 13 clearly indicates otherwise: 14 (1) The phrase "alcohol or drug" means alcohol, a drug or 15 drugs, or any combination of alcohol and a drug or drugs. 16 (2) The phrase "blood or breath" means either or both. 17 (3) "Director" means the director of the division of 18 forensic science. 19 (4) "Division" means the division of forensic science. 20 (5) @'Licensell means any driver's license, temporary 21 driver's license, or instruction permit authorizing the 22 operation of a motor vehicle upon the highways. 23 (6) "Ordinancell means a county, city or town ordinance. 24 (b) Implied consent to post-arrest chemical test to determine 25 drug or alcohol content of blood. 26 (1) Any person, whether licensed by Virginia or not, who 27 operates a motor vehicle upon a highway, as defined in 28 Code of Virginia section 46.2-100, in this city shall be 29 deemed thereby, as a condition of such operation, to have 30 consented to have samples of his blood, breath, or both 31 blood and breath taken for a chemical test to determine 32 the alcohol, drug, or both alcohol and drug content of 33 his blood, if he is arrested for violation of section 21- 34 336 within two (2) hours of the alleged offense. 35 (2) Any person so arrested for a violation of section 21-336 36 (i) or (ii), or both, or section 21-336.1 shall eleet te 37 ha-@.xp- P-i-ther- a bl:eed et- breath sample taieen, but net betb 38 submit to a breath test. If either the bleed test e3-: the 39 breath test is not available, or the person is Y)hvsically 40 unable to submit to the breath test, a blood test shall 41 be given. then the available test sha4:gz be tairzen amel it 42 shall net be a matter- ef defense if the b4:eeel test er- the 43 breath test is net available.-If the aeeused eleets a 44 breath test, he shall be entitled, upen request, The 45 accused shall, Prior to administration of the test, be 46 advised by the Person administering the test that he has 47 the right to observe the process of analysis and to see 48 the blood-alcohol reading on the equipment used to 49 perform the breath test. If the equipment automatically 50 produces a written printout of the breath test result, 51 the printout, or a copy, shall be given to the accused. 52 (3) A person, after having been arrested for a violation of 53 section 21-336 (iii) or (iv) or of section 21-336.1, may 54 be required to submit to a blood- tests test to determine 55 the drug or both alcohol @ and drug content of his 56 blood. 44 When a person, after having been arrested for 57 a violation of section 21-336 (i) or (ii) , or both, 58 eheeses te submits to a breath test in accordance with 59 subsection(b)(2) of this section, or refuses to take or 60 is incapable of taking such a breath test, he may alse be 61 required to submit to tests to determine the drug or both 62 alcohol and drug content of his blood if the law- 63 enforcement officer has reasonable cause to believe the 64 person was driving under the influence of any drug or 65 combination of drugs, or the combined influence of 66 alcohol and drugs. 2 67 (c) Refusal of tests; procedures. 68 (1) If a person, after having been arrested for a violation 69 of section 21-336 or of section 21-336.1 and after having 70 been advised by the arresting officer that a person who 71 operates a motor vehicle upon a public highway in this 72 city is deemed thereby, as a condition of such operation, 73 to have consented to have samples of his blood or breath 74 taken for chemical tests to determine the alcohol or drug 75 content of his blood, and that the unreasonable refusal 76 to do so constitutes grounds Eor the revocation of the 77 privilege of operating a motor vehicle upon the highways 78 of this city, then refuses to permit blood or breath or 79 both blood and breath samples to be taken for such tests, 80 the arresting officer shall take the person before a 81 committing magistrate. If he again so refuses after 82 having been further advised by the magistrate of the law 83 requiring blood or breath samples to be taken and the 84 penalty for refusal, and so declares again his refusal in 85 writing upon a form provided by the Supreme Court, or 86 refuses or fails to so declare in writing and such fact 87 is certified as prescribed below, then no blood or breath 88 samples shall be taken even though he may later request 89 them. 90 (2) The form shall contain a brief statement of the law 91 requiring the taking of blood or breath samples and the 92 penalty for refusal, a declaration of refusal, and lines 93 for the signature of the person from whom the blood or 94 breath sample is sought, the date, and the signature of 95 a witness to the signing. If the person refuses or fails 96 to execute the declaration, the magistrate shall certify 97 such fact and that the magistrate advised the person that 98 a refusal to permit a blood or breath sarnple to be taken, 99 if found to be unreasonable, constitutes grounds for 100 revocation of the person's privilege to operate a motor 101 vehicle on the highways of this ommonwealth. The 3 102 magistrate shall promptly issue a warrant or summons 103 charging the person with a violation of section 21- 104 338(b). The warrant or summons shall be executed in the 105 same manner as criminal warrants. 106 (3) The executed declaration of refusal or the certificate of 107 the magistrate, as the case may be, shall be attached to 108 the warrant and shall be forwarded by the magistrate to 109 the court. 110 (4) When the court receives the declaration or certificate ill and the warrant or summons charging refusal, the court 112 shall fix a date for the trial of the warrant or summons, 113 at such time as the court designates but subsequent to 114 the defendant's criminal trial. for driving under the 115 influence of intoxicants. 116 (5) The declaration of refusal or certificate of the 117 magistrate shall be prima facie evidence that the 118 defendant refused to allow a blood or breath sample to be 119 taken to determine the alcohol or drug content of his 120 blood. However, this shall not prohibit the defendant 121 from introducing on his behalf evidence of the basis for 122 his refusal. The court shall determine the reasonableness 123 of such refusal. 124 (d) Appeal and trial; sanctions for refusal. The procedure for 125 appeal and trial shall be the same as provided by law for 126 misdemeanors; if requested by either party on appeal to the circuit 127 court, trial by jury shall be as provided in Code of Virginia, 128 article 4 (§ 19.2-260 et seg.) of chapter 15 of title 19.2; and the 129 city shall be required to prove its case beyond a reasonable doubt. 130 If the court or jury finds the defendant guilty as charged in the 131 warrant or summons issued pursuant to subsection (c) , the court 132 shall suspend the defendant's privilege to drive for a period of 1 3 3 one (1) year. This suspension iperiod is in addition to the 134 suspension Period provided under Code of I Virqinia section 46.2- 135 391.2. However, if the defendant pleads guilty to a violation of 4 13 6 section 21-336 or section 21-336.1, the court may dismiss the 137 warrant or summons. 138 The court shall forward the defendant's license to the Commissioner 139 of the Department of Motor Vehicles of Virginia as in other cases 140 of similar nature for suspension of license. However, if the 141 defendant appeals his conviction, the court shall return the 142 license to him upon his appeal being perfected,, however, the 143 defendant's license shall not be returned during any period of 144 suspension imposed under Code of Virginia section 46.2-391.2. 145 (e) Qualifications and liability of persons authorized to take 146 blood sample; procedure for taking samples. For purposes of this 147 article, only a physician, registered professional nurse, graduate 148 laboratory technician, or a technician or nurse desiqnated by order 149 of a circuit court acting upon the recommendation of a licensed 150 physician, usinq soap and water, polyvinylpyrrolidone iodine or 151 benzalkonium chloride to cleanse the part of the body from which 152 the blood is taken and using instruments sterilized by the accepted 153 steam sterilizer or some other sterilizer which will not affect the 154 accuracy of the test, or using chemically clean sterile disposable 155 syringes, shall withdraw blood for the purpose of determining its 156 alcohol or drug or both alco ol and drug content. It is a Class 3 157 misdemeanor to reuse single-use-only needles or syringes. No civil 158 liability shall attach to any person authorized to withdraw blood 159 as a result of the act of withdrawing blood as provided in this 160 section from any person submitting thereto, provided the blood was 161 withdrawn according to recognized medical procedures. However, the 162 person shall not be relieved from liability for negligence in 163 withdrawing of any blood sample. 164 No person arrested for a violation of section 21-336 or of section 165 21-336.1 shall be required to execute in favor of any person or 166 corporation a waiver or release of liability in connection with the 167 withdrawal of blood and as a condition precedent to the withdrawal 168 of blood as provided for in this section. 169 (f) Transmission of blood samples. Adequate portions of blood 170 samples withdrawn pursuant to subsection (e) shall be placed in 5 171 vials provided by the division of forensic science. The vials shall 172 be sealed by the person taking the sample or at his direction. The 173 person who seals the vial shall complete the prenumbered 174 certificate of blood withdrawal form attached to the vial by the 175 division. The completed withdrawal certificate for each vial shall 176 show the name of the accused, the name of the person taking the 177 blood sample, the date and time the blood sample was taken and 178 information identifying the arresting or accompanying officer. The 179 officer shall initial the completed certificate. The vials shall be 180 divided between two (2) containers provided by the division, and 181 the containers shall be sealed to prevent tampering with the vial. 182 The arresting or accompanying officer shall take possession of the 183 two (2) containers as soon as the vials are placed in such 184 containers and sealed, and shall promptly transport or mail one of 185 the containers to the division. Immediately after taking possession 186 of the second container, the officer shall give to the accused a 187 form provided by the division which sets forth the procedure to 188 obtain an independent analysis of the blood in the second 189 container, and a list of the names and addresses of laboratories 190 approved by the division. The form shall contain a space for the 191 accused or his counsel to direct the officer possessing the second 192 container to forward it to an approved laboratory for analysis, if 193 desired. If the accused directs the officer in writing on the form 194 to forward the second container to an approved laboratory of the 195 accused's choice, the officer shall do so. If the accused does not 196 direct otherwise on the form, the officer having the second 197 container shall deliver it to the chief of police or his designee. 198 The chief of police, or his designee, upon receiving the container, 199 shall retain it for a period of seventy-two (72) hours, during 200 which time the accused or his counsel may, in writing, on the form 201 provided hereinabove, direct the chief of police or his designee to 202 mail the second container to the laboratory the accused has chosen 203 from the approved list. 204 The contents of the second container shall be transmitted, tested 205 and admitted in evidence in the same manner and in accordance with 6 206 procedures established for the sample sent to the division; 207 however, an analysis of the second blood sample to determine the 208 presence of a drug or drugs shall not be performed unless an 209 analysis of the first blood sample by the division has indicated 210 the presence of such drug or drugs. 211 If the chief of police or his designee having possession of the 212 second container is not directed as herein provided to mail it 213 within seventy-two (72) hours after receiving the container, he 214 shall destroy it. 215 (g) Transmission of blood test results; use as evidence. Upon 216 receipt of a blood sample forwarded to the division for analysis 217 pursuant to subsection (f) , the division shall have it examined for 218 its alcohol or drug or both alcohol and drug content and the 219 director shall execute a certificate of analysis indicating the 220 name of the accused, the date, time and by whom the blood sample 221 was received and examined; a statement that the seal on the vial 222 had not been broken or otherwise tampered with; a statement that 223 the container and vial were provided by the division and that the 224 vial was one to which the completed withdrawal certificate was 225 attached; and a statement of the sample's alcohol or drug or both 226 alcohol and drug content. The director shall remove the withdrawal 227 certificate from the vial, attach it to the certificate of analysis 228 and state in the certificate of analysis that it was so removed and 229 attached. The certificate of analysis with the withdrawal 230 certificate shall be returned to the clerk of the court in which 23 1 the charge will be heard. The vial and blood sample shall be 232 destroyed after completion of the analysis. A similar certificate 233 of analysis, with the withdrawal certificate from the independent 234 laboratory which analyzes the second blood sample on behalf of the 235 accused, shall be returned to the clerk of the court in which the 236 charge will be heard. The blood sample shall be destroyed after 237 completion of the analysis by the independent laboratory. 2 38 When a blood sample taken in accordance with the provisions of 2 39 subsections (b) through (f) is forwarded for analysis to the 240 division, a report of the test results shall be filed in that 7 24 1 of f ice. Upon proper identification of the certificate of 242 withdrawal, the certificate of analysis, with the withdrawal 24 3 certificate attached, shall, when attested by the director, be 244 admissible in any court, in any criminal or civil proceeding, as 245 evidence of the facts therein stated and of the results of such 246 analysis. on a motion of the accused, the certificate prepared for 247 the second sample shall be admissible in evidence when attested by 248 the pathologist or by the supervisor of the approved laboratory. 249 Upon request of the person whose blood or breath was analyzed, the 250 test results shall be made available to him. 251 The director may delegate or assign these duties under :the 252 pre-visiens ef Gede ef Virginia seeti@.1 20.GI:2 to an employee 253 of the division of forensic science. 254 (h) Fees. Payment for withdrawing blood shall not exceed 255 twenty-five dollars ($25.00), which shall be paid out of the 256 appropriation for criminal charges. If the person whose blood 257 sample was withdrawn is subsequently convicted for a violation of 258 section 21-336 or of section 21-336.1, or is placed under the 259 purview of a probational, educational, or rehabilitational program 260 as set forth in Code of Virginia, section 18.2-271, the amount 261 charged by the person withdrawing the sample shall be taxed as part 2 62 of the costs of the criminal case and shall be paid into the 263 general fund of the state treasury. 264 Approved laboratories determining the alcohol content of the second 265 blood sample shall be allowed a fee of rio more than twenty-five 266 dollars ($25.00), which shall be paid out of the appropriation for 267 criminal charges. Payment for determining the presence of a drug or 268 drugs in the second sample may not exceed the amount established on 269 the division's fee schedule and shall be paid out of the 270 appropriation for criminal charges. 27 1 If a person whose blood sample was withdrawn is subsequently 272 convicted for violation of section 21-336 or of section 21-336.1 273 (i) the fee paid by the commonwealth to the laboratory for testing 274 the second blood sample and (ii) a fee of twenty-five dollars 275 ($25.00) for testing the first blood sample by the division shall 8 276 be taxed as part of the costs of the criminal case and shall be 277 paid into the general fund of the state treasury. 278 (i) Assurance of breath-test validity; use of test results as 279 evidence. To be capable of being considered valid as evidence in a 280 prosecution under section 21-336 or of section 21-336.1, chemical 281 analysis of a person's breath shall be performed by an individual 282 possessing a valid license to conduct such tests, with a type of 283 equipment and in accordance with methods approved by the department 284 of general services, division of forensic science. The division 285 shall test the accuracy of the breath-testing equipment at least 286 once every six (6) months. 287 The division shall establish a training program for all individuals 288 who are to administer the breath tests. The program shall include 289 at least forty (40) hours of instruction in the operation of the 290 breath-test equipment and the administration of such tests. Upon a 291 person's successful completion of the training program, the 292 division may license him to conduct breath-test analyses. 293 Any individual conducting a breath test under the provisions of 294 subsection (b) shall issue a certificate which will indicate that 295 the test was conducted in accordance with the division's 296 specif ications, the equipment on which the breath test was 297 conducted has been tested within the pasti six (6) months and has 298 been found to be accurate, the name of the accused, that prior to 299 administration of the test the accused was advised of his right to 300 observe the process and see the blood alcohol reading on the 301 equipment used to perform the breath test, the date and time the 302 sample was taken from the accused, the sample's alcohol content, 303 and the name of the person who examined the sample. This 3 04 certificate, when attested by the individual conducting the breath 305 test, shall be admissible in any court in any criminal or civil 306 proceeding as evidence of the facts therein stated and of the 3 07 results of such analysis. Any such certificate of analysis 3 08 purporting to be signed by a person authorized by the division 309 shall be admissible in evidence without proof of seal or signature 9 3 10 of the person whose name is signed to it. A copy of the certificate 311 shall be promptly delivered to the accused. 312 The officer making the arrest, or anyone with him at the time of 313 the arrest, or anyone participating in the arrest of the accused, 314 if otherwise qualified to conduct such test as provided by this 315 section, may make the breath test or analyze the results. 316 (j) Evidence of violation of section 21-336 or section 21- 317 336.1. In any trial for a violation of section 21-336 or of 318 section 21-336.1, the admission of the blood or breath test results 319 shall not limit the introduction of any other relevant evidence 320 bearing upon any question at issue before the court; and the court 32 1 shall, regardless of the result of any blood or breath test, 322 consider other relevant admissible evidence of the condition of the 3 2 3 accused. If the test results indicate the presence of any drug 324 other than alcohol, the test results shall be admissible only if 325 other competent evidence has been presented to relate the presence 326 of the drug or drugs to the impairment of the accused's ability to 327 drive or operate any motor vehicle, engine or train safely. 328 The failure of an accused to permit a blood or breath sample to be 329 taken to determine the alcohol or drug content of his blood is not 330 evidence and shall not be subject to comment by the prosecution at 331 the trial of the case, except in rebuttal; nor shall the fact that 332 a blood or breath test had been offered the accused be evidence or 333 the subject of comment by the prosecution, except in rebuttal. The 334 court or jury trying the case involving a violation of clause (ii) , 335 (iii) or (iv) of section 21-336(a), or of section 21-336.1, shall 336 determine the innocence or guilt of the defendant from all evidence 337 concerning his condition at the time of the alleged offense. 338 (k) Substantial compliance. The steps set forth in subsections 3 39 (b) through (i) relating to taking, handling, identifying, and 340 disposing of blood or breath samples are procedural and not 34 1 substantive. Substantial compliance shall be sufficient. Failure to 342 comply with any steps or portions thereof, or a variance in the 34 3 results of the two (2) blood tests, shall not of itself be grounds 344 for finding the defendant not guilty, but shall go to the weight of 10 345 the evidence and shall be considered with all the evidence in the 346 case; however, the defendant shall have the right to introduce 347 evidence on his own behalf to show noncompliance with the aforesaid 348 procedures or any part thereof, and that as a result his rights 349 were prejudiced. 350 This ordinance shall become effective January 1. 1995. 351 Adopted by the City Council of the City of Virginia Beach on 352 this 6 day of I)ecember 1994. 353 CA-5766 354 DATA/ORDIN/PROPOSED/21-338.ORD 355 NOVEMBER 18, 1994 356 R2 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTION 2-452.1 OF THE CODE OF THE 4 CITY OF VIRGINIA BEACH PERTAINING TO 5 CHESAPEAKE BAY PRESERVATION AREA 6 BOARD 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That the Code of the City of Virginia Beach is hereby amended 10 and reordained to read as follows: 11 Sec. 2-452.1. Chesapeake Bay Preservation Area Board. 12 (a) There is hereby created the Chesapeake Bay Preservation 13 Area Board, which shall have such authority as is conferred upon it 14 by the provisions of the Chesapeake Bay Preservation Area 15 Ordinance. Such board shall consist of seven (7) members, who shall 16 be appointed by the city council for terms of three (3) years; 17 provided, however, that original appointments shall be made as 18 follows: Three (3) members shall be appointed for a term of three 19 (3) years, two (2) members for a term of two (2) years, and two (2) 20 members for a term of one year. Members may serve for no more than 21 three (3) consecutive three-year terms in addition to an initial 22 term, if such initial term is less than three (3) years, but a 23 member whose term expires shall continue to serve until his 24 successor is appointed and qualifies. Appointments to fill 25 vacancies shall be for the unexpired portion of the term. Members 26 of the board shall be compensated in the amount of fifty dollars 27 ($50.00) per regularly-scheduled meeting attended and shall be 28 reimbursed for their necessary expenses in discharging their 29 duties. 3 0 (b) The board shall elect from its membership a chair and 31 vice-chair. The chair shall preside at all meetings of the board, 32 except that the vice-chair shall preside in the absence of the 33 chair. Members of the board shall be required to take an oath of 34 office prior to assuming their positions. The board may make, alter 35 and rescind rules and forms for its procedures, consistent with the 36 ordinances of the city, including, without limitation, Sections @ 37 113 and @ 114 of the Chesapeake Bay Preservation Area ordinance, 38 and the general laws of the commonwealth. 39 (c) Pursuant to the provisions of section 2.1-639.14A of the 40 Code of Virginia, the members of the Chesapeake Bay Preservation 41 Area Board, as a condition of assuming office, shall file 42 disclosure statements of their personal interests and other 43 information specified on the forms set forth in section 2.1-639.15 44 of the Code of Virginia and, thereafter, file such statements 45 annually on or before January 15. 46 47 Adopted by the City Council of the City of Virginia Beach on 48 this 6 day of December 1994. 49 CA-5751 50 DATA/ORDIN/PROPOSED/2-452-1.ORD 51 NOVEMBER 4, 1994 52 Rl ,Af)@-RU'VEP AS TO CONTENTS DE APPROVE@L' A@ 'i@@ LPGAL FI@-IENCY A@C)RM 'ITY t@--TC@R@ICY 7 25 - CONSEA'T AGENDA ITEM # 38620 UPon Motion by Councilman Baum, seconded by rice Mayor ';essoms, City Council ADOPTED: Ordinance to AMEND and REOPDAIN the Code of the City of Virginia Beach: Section 30-57 re land disturbing activity, Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W. Harrison, Jr., Barbara M Henley, Louis R Jones, John D. Moss, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessona, Jr., and Louisa M. Strayhorn Council Members Voting Nay: Non e Council Members Absent.- None December 6, 1994 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 30-57 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO LAND DISTURBING 5 ACTIVITY 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 30-57 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Sec. 30-57. Definitions. 11 12 As used in this article, the following words and terms shall 13 have the meanings ascribed to them in this section, unless the 14 context requires a different meaning: 15 Agreement in lieu of a plan means a contract between the plan- 16 approving authority and the owner which specifies conservation 17 measures which must be implemented in the (,,onstruction of a single- 18 family residence; this contract may be executed by the plan- 19 approving authority in lieu of a formal site plan. 20 Applicant means any person submitting an erosion and sediment 21 control plan for approval or requesting the issuance of a permit, 22 when required, authorizing land-disturbing activities to commence. 23 Board means the Virginia Soil and Water Conservation Board. 24 Certified inspector means an employee or agent of the City of 25 Virginia Beach who (i) holds a certificate of competence from the 26 board in the area of project inspection or (ii) is enrolled in the 27 board's training program for project inspection and successfully 28 completes such program within one (1) year after enrollment. 29 Certified plan reviewer means an employee or agent of the City 30 of Virginia Beach who (i) holds a certificate of competence from 31 the board in the area of plan review, (ii) is enrolled in the 32 board's training program for plan review and successfully completes 33 such program within one (1) year after enrollment, or (iii) Is 34 licensed as a professional engineer, architect, certified landscape 35 architect or land surveyor pursuant to article 1 (Section 54.1-400 36 et seg.) of chapter 4 of title 54.1 of the Code of Virginia, as 37 amended. 38 Certified program administrator means an employee or agent of 39 the City of Virginia Beach who (i) holds a certificate of 40 competence from the board in the area of program administration or 41 (ii) is enrolled in the board's training program for program 42 administration and successfully completes such program within one 43 (1) year after enrollment. 44 Conservation plan, erosion and sediment control and tree 45 protection plan, or plan means a document containing material for 46 the conservation of trees and of soil and water resources of a unit 47 or group of units of land. It may include appropriate maps, an 48 appropriate soil and water and tree plan inventory and management 49 information with needed interpretations, and a record of decisions 50 contributing to conservation treatment. The plan shall contain all 51 major conservation decisions to assure that the entire unit or 52 units of land will be so treated to achieve the conservation 53 objectives. 54 District or soil and water conservation district means the 55 City of Virginia Beach, a political subdivision of this 56 commonwealth. 57 Erosion impact area means an area of land not associated with 58 current land-disturbing activity but subject to persistent soil 59 erosion resulting in the delivery of sediment onto neighboring 60 properties or into state waters. This definition shall not apply to 61 any lot or parcel of land of ten thousand (10,000) square feet or 62 less used for residential purposes or to shorelines where the 63 erosion results from wave action or other coastal processes. 64 Land-disturbing activity means any land change which may 65 result in soil erosion from water or wind and the movement of 66 sediments into state waters or onto lands in the city, including, 67 but not limited to, clearing, grading, excavating, transporting, 68 and filling of land, except that the term shall not include: 69 (1) Minor land-disturbing activities such as home gardens 70 and individual home landscaping, repairs and maintenance work; 71 (2) Individual service connections; 72 (3) Installation, maintenance or repair of any underground 73 public utility lines when such activity occurs on an existing hard 74 surfaced road, street or sidewalk, provided the land-disturbing 75 activity is confined to the area of the road, street or sidewalk 76 which is hard surfaced; 77 (4) Septic tank lines or drainage fields, unless included 78 in an overall plan for land-disturbing activity relating to the 79 construction of the building to be served by the septic tank 80 system; 81 (5) Surface or deep mining; 82 (6) Exploration or drilling for oil and gas, including the 83 well site, roads, feeder lines and off-site disposal areas; 84 (7) Tilling, planting or harvesting of agricultural, 85 horticultural or forest crops or livestock feedlot operations, 86 including engineering operations as follows: construction of 87 terraces, terrace outlets, check dams, desilting basins, dikes, 88 ponds, ditches, strip cropping, lister furrowing, contour 89 cultivating, contour furrowing, land drainage and land irrigation; 90 however, this exception shall t a 1 to harvesting of forest 91 crops unless the area on which harvesting occurs is reforested 92 (artificially or naturally) in accordance with the provisions of 93 Chapter 11 (4 10.1-1100 et. seg.) of the code of Virginia or is 94 converted to bona fide aarici proved pasture use as 95 described in of the Code of Virginia. 96 (8) Repair or rebuilding of the tracks, right-of-way, 97 bridges, communication facilities and other related structures and 98 facilities of a railroad company; 99 (9) Agricultural engineering operation including but not 100 limited to the construction of terraces, terrace outlets, check 101 dams, desilting basins, dikes, ponds not required to comply with 102 the Dam Safety Act, ditches, strip cropping, lister furrowing, 103 contour cultivating, contour furrowing, land drainage and land 104 irrigation; 105 (10) Disturbed land areas of less than ten thousand (10, 000) 106 square feet in size, except when this activity takes place in any 107 floodplain area, as defined in the City Zoning ordinance; 108 (11) Installation of fence and sign posts or telephone and 109 electric poles and other kinds of posts or poles; 110 (12) Shore erosion control projects on tidal waters when the ill projects are approved by the wetlands board of the City of Virginia 112 Beach, the marine resources commission or the U.S. Army Corps of 113 Engineers; 114 (13) Emergency work to protect life, limb or property and 115 emergency repairs; however, if the land-disturbing activity would 116 have required an approved erosion and sediment control and tree 117 protection plan, if the activity were not an emergency, that the 118 land area disturbed shall be shaped and stabilized in accordance 119 with the requirements of the city engineer. 120 Local erosion and sediment control program or local control 121 program means an outline of the various methods employed by the 122 City of Virginia Beach to regulate land-disturbing activities and 123 thereby minimize erosion and sedimentation in compliance with the 124 state program and may include such items as local ordinances, 125 policies and guidelines, technical materials, inspection, 126 enforcement, and evaluation. 127 Owner means the owner or owners of the freehold of the 128 premises or lesser estate therein, a mortgagee or vendee in 129 possession, assignee of rents, receiver, executor, trustee, lessee 130 or other person, firm or corporation in control of a property. 131 Permit-issuing authority means the director of public works 132 or his designee. 133 Permittee means the person to whom the permit authorizing 134 land-disturbing activities is issued or the person who certifies 135 that the approved erosion and sediment control plan will be 136 followed. 137 Person means any individual, partnership, firm, association, 138 joint venture, public or private corporation, trust, estate, 139 commission, board, public or private institution, utility, 140 cooperative, county, city, town or other political subdivision of 141 the commonwealth, any interstate body or any other legal entity. 142 Plan-approving authority means the director of planning or 143 his designee, based upon the city engineer's determination of the 144 adequacy of a conservation plan submitted for land-disturbing 145 activities on a unit or units of land. 146 Program authority means the City of Virginia Beach, also 147 referred to as the city. 148 State erosion and sediment control program or state program 149 means the program administered by the Virginia soil and water 150 conservation board pursuant to sections 10.1-560 through 10.1-571 151 of the Virginia Code, including regulations designed to minimize 152 erosion and sedimentation. 153 State waters means all waters on the surface and under the 154 ground wholly or partially within or bordering the commonwealth or 155 within its jurisdiction. 156 Subdivision means the same as the term is designated within 157 section 1. 2 of Appendix B of the Code of the City of Virginia 158 Beach. The term includes resubdivision and, when appropriate to the 159 context, shall relate to the process of subdividing or to the land 160 subdivided. 161 Adopted by the Council of the City of Virginia Beach, Virginia 162 on the 6 day OfDe(@ember 1994. 163 Approved As to Contents: Approved As To Legal 164 Sufficiency and Form 165 166 Department of'Planning City Attorney 1,7 167 168 Departpent blic W ks 169 CA-5714 170 R2 171 NOVEMBER 10, 1994 172 ORDIN\DATA\NONCODE\30-57.ORD - 26 - item III-Li.3. CONSENT AGENDA ITEM # 38621 Upon motion by Councilman Bawn, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance toAPPROPRL4TE $11,564,452for FY]994-1995 Operating Budget re payment ofpurchase orders brought forwardfrom FY 1993- 1994. Voting: 10-0 Council Members Voting Aye. John A. Baum, Linwood 0. Brancl; III, Robert K- Dean, Barbara M. Henley, Louis R. Jones, John D. Moss, 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. Jirzlliam W Ilarrison, Jr. Council Members Absent: Non e Councibnan Harrison ABSTAINEI) as his wife is employed by the School Board. Councibnan Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of rtrginia, his wife is currently employed by the City of Pirginia Beach School Board as a Teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councibnan Moss,v letter of July 14, 1992, is hereby made apart of the record. December 6 1994 AN ORDINANCE TO APPROPRLATE 2 $11,564,452 FOR FISCAL YEAR 1995 3 FOR THE PA OF PURCHASE ORDERS 4 BROUGHT FORWARD FROM FISCAL YEAR 1994 5 @EREAS, during the course of business in fiscal year 1994, purchase orders or 6 cdntracts were issued committing the City to purchase materials, suppfles, equipment or services for 7 use by several departments, divisions or bureaus, and 8 , these purchase orders or contracts were charged to appropriations 9 previously authorized for the @l year ended June 30, 1994 so as to reduce the unencumbered 10 balance of those appropriations, and I 1 WHEREAS, on June 30, 1994, there were purchase ordcrs or contracts totahing 12 $11,564,452 for which materials, supplies, equipment or services had not been deuvered or invoiced. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CIW 14 OF VIRGINIA BEACH, VIRGINIA, that the funds totalling S 1 1,564,452 for purchase orders or 15 contracts outstanding on June 30, 1994, be appropriated to fiscal 1995 operating budgets for the 16 respective departments of the City so that upon delivery of the materials, supplies, equipment or 17 services there shall be sufficient funds to make payments. 18 BE, IT FURTHF-R ORDAINED that the appropriations be offset from funds in the 19 following respective fund balances: 20 General $ 5,363,243 School Tczbook S 40,746 21 Water & Sewer IW.842 Capital Projecu 36.254 22 Print Shop 1,225,574 E-911 Communic-ations 33,679 23 Storm Water Utnity 1,142,222 Infonnation Technology 33.142 24 Telmmmunic-ations 370,558 School Cafeterias 30,343 25 School Operating 267,040 Tourism Growth Investrnent 30,019 26 Federal Housing Assistance 251,297 School Reprognphics 18,758 27 rorfeited Asset Sharing 201.802 Francis Land House 7,955 28 School Landscaping 119,536 Comp Services Azt 6,687 29 Shedn Dept. 110,711 Inmate Telephone 5,721 30 Golf CDurses 90,206 Law Ii@rary 3.MO 3 1 School Athletic 72,515 Awm Channel Support 3,110 32 M puter 70,976 FLH Board of Gavemors 3,028 33 Risk Management 56,251 Marine Science Museum 2,M3 34 City Garip 44,910 Environmental-Matching Gift 249 35 Parks & Recmation 43,211 36 A 42,124 Total Outstanding $11,564,452 37 This ordinance sball be in effect from the date of its adoption. 38 Adopted by the Councfl of the City of Virginia Beach, Virginia on the 6 39 day of December , 1994. @VED AS TO AP A@ Z, CITY - 27 - 4. CONSEA'T AGENDA ITEM # 38623 Upon motion by Yice Mayor @essoms, seconded by Council Lady Strayhorn, City Council ADOPTED, AS CORRECTED: Ordinance to TRANSFER $1-H,560 $9Z 104 from within the FY 1994- 1995 @rating Budget Reserve for Contingencies to the Police Department's Operating Budget re additional funding for replacement of 42 police packaged vehicles. Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Nancy K Parker, rice Mayor William D. 5essoms, Jr., and Iouisa M @trayhorn Council Members Voting Nay: John D. Moss Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None Mayor OberndorfABSTAINED as her husband is Government RegulationslExport Coordinator with Ford Motor Company and the Police vehicles will be Fords. December 6, 1994 AN ORDINANCE TO TRANSFER $97,104 FROM WITHIN THE FY 1994-95 OPERATING BUDGET RESERVE FOR CONTINGENCIES TO THE POLICE DEPARTMENT'S BUDGET TO PROVIDE THE ADDITIONAL FUNDING REQUIRED FOR THE REPLACEMENT OF 42 POLICE PACKAGED VEHICLES 1 WHEREAS, the Operating Budget provided funding for the replacement of 42 police packaged 2 vehicles at an estimated price which was $2,312 less than the actual bid price received by the City through a 3 cooperative bidding process, 4 WHEREAS, without the additional funding there will have to be a reduction in the number of police 5 packaged vehicles replaced, which could increase vehicle downtime and impact response times. 6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA, that $97,104 be transferred from within the FY 1994-95 Operating Budget Reserve for 8 Contingencies to the Police Department's Operating Budget to provide the additional funding needed to replace 42 9 police packaged vehicles. 1 0 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of December 11994@ CRW D @OBg6kPOLIC@,@h@h.1 Id - 28 - Item III-LI.5. CONSENT AGENDA ITEM # 38624 Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to authorize tax refunds in the amount of $395.46 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessona, Jr., and Louisa M. ';trayhorn Council Members Voting Nay Non e Council Members Absent: None December 6, 1994 ORTA NO, C.A. 7 FMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax T ype Ticket Exonera- Date Penalty Int. Total Y ear of Tax Number tion No. Paid Diana Gavallas & Maria Hoqq 93 RE@1/2@ 42117-9 11/27/92 4.90 Diana Gavallas & Maria Hogg 93 RE 212 42117-9 12/28/93 4.90 Diana Gavallas & Maria Hogg 92 RE(1/2) 41278-8 12/5/91 4.90 Diana Gavallas & Maria Hogg 92 RE(2/2) 41278-8 6/30/92 5.44 Diana Gavallas & Maria Hogg 91 RE(1/2) 41067-4 12/5/90 5.16 Diana Gavallas & Maria Hogg 91 RE(2/2) 41067-4 6/3/91 5.16 Paging Network of Virginia 94 pp PS-TP15 9/26/94 290.00 Shawn E Kelley N/A Pkng B20246 8/11/94 25.00 Alfred K Moore N/A Pkng 427473 8/31/94 50.00 Total 395.46 This ordinance shall be effective from date of adoption. The above abatement(si total@iig _,U95.46 were approved by the Council of the City of Virginia Beach on the 6 -day of -Pecembe r 1994 reasurer Approved as to form: Ruth Hodges Smith City Clerk Leir@'e @ Lill - 29 - item iii-J. 1. PUBLIC HFARIIVG ITEM # 38625 PLANN,VVG Mayor Meyera E. Obemdorf DECLARED a PUBLIC HEARING on: PL,4NNING (a) SEA ESCAPE CORPORATION CONDITIONAL CH,4NGE OF ZONING (b) EDWARD B. AND JEAN M. SNYDER CHANGE OF ZONING TRUSTEES OF SNYDER FAMILY TRUST AND AND CHECKERED FL4G MOTOR CO., INC CONDITIONAL USE PERMIT (c) MARK CALCAGNI CONDI77ONAL USE PERMIT (d) ;f7LLL4MS HOLDING CORPOR,4 TION CONDITION,4L USE PERMIT (e) DAUGHERTY-LEE INC., TIA,4FFORDABLE TENT CO. CONDITIONAL USE PERMIT NORTH L,4NDING R4PTIST CHURCH MODIFICATION TO THE TIMBERL4KE LAND USE December 6, 1994 - 30 - Item 111-J. I. a. PUBLIC HEARING ITEM # 38626 PLANNING 7'he following registered in SUPPORT of the application: Attorney k J. Nutter, 4425 Corporation Lane, Phone.- 674-60(X), represented the applicant, read the statement of Pat Bridges in SUPPORT. Richard Madd@ 6097 Martins Point Road, Kitty Hawk North (arolina, Phone: 919 261 7505 Joe Hawa, 1616 Duke of Windsor Road, Phone: 428- 1144 Upon motion by Councibnan Brancl4 seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of SEA ESCAPE CORPORATION for a Conditional Change of Zoning District Classification: ORDINANCL UPON APPLICA TION OP SFA I, SCAPE CORPORA TION FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R7'-] TO Rl'-2 Z012941436 BE IT HEREBY ORDAINFD BY 7'111,' COUNCIL OF I'Ht,' (-17Y OF VIRGINIA BEACH, VIRGINIL Ordinance upon application of Sea Escape Corporation for a Conditional Change of Zoning District Classification from RT-1 Resort Tourist District to RT-2 Resort Tourist District on certain property located on the northeast and southeast corners of the Atlantic Avenue and 17th Street intersection. Ihe proposed zoning classification change to Conditional R7'-2 is for a free-standing eating and drinking establishment. The Comprehensive Plan recommends use of this parcel for a resort activity center. Said parcel contains .30,(X)O square feet more or less. 1,7RGINIA BFACH BOROU(,Il. 7'he following conditions vhall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 2. Restro<)m hours shall be equivalent or exceed the hours of the restrooms on Twenty-Fourth 5treet, 3. Variances to the Board of Zoning Appealv vhall be reduced from two signs to one sign. 7'he Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, @irginia, on the @ixth of December, Nineteen Hundred and Nineiy-Four. December 6, 1994 - 31 Item III-J. 1. a. PUBLIC HFARING ITEM # 38626 (Continued PL4NNING AND, ADOPTED: Ordinance to TRANSFER $130,000 from TGIF Reserves to ftind the DevelopmentILease Agreement AArD, ADOPTED, AS AMENDED Ordinance to AUTHORIZE the City Manager to execute a Lease and Development Agreement, subject to: Zhe following verbiage on Lines 29 and 30 shall be deleted: file in the o@ce of the City Clerk for purposes referenced above. " Ihe words "as amended" shall be added after December 6, 1994 on Line 29 to rea& "That the z@ Managgr is her@ authorized to execute a lease and develqment agreement in a form substantiall@ the same as the agr-eement between Sea Escape Co@r . an the Ci o rzrginia Beach dated December 6. 1994, @s amended " The revised Lease and Development Agreement shall include Alternate Paragraph 21. Ihe word "should" ha 1 be re laced by the word "shall". Voting: 10-0 Council Members Voting Aye. John A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, rice Mayor William D. ';essoms, Jr. and Iouisa M. Strayhorn Council Members Voting Nay None Council Members Abstaining: Nancy K Parker Council Members Absent: None Council Lady Parker ABSTAINED as the applicant has been clients of the Parker's Pool business. December 6, 1994 EXHIBIT A kZ THAT certain lot, piece or tract of land, with the buildings and improvements thereon, and the privileges, rights of way, easements and appurtenances of every kind thereto belonging or in any wise appertaining, situate, lying, and being in the Virginia Beach Borough, in the City of Virginia Beach, in the State of Virginia, presently generally known as the Prince Charles Hotel, as shown on Plat No. 2 of part of the property of Virginia Beach Development Comoany, said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, Page 20 and being more particularly bounded and described as follows: BEGINNING at a point where the southern line of 17th Street and the eastern line of Atlantic Avenue intersect, and from said point extending eastwardly along the southern line of said 17th Street a distance of 150 feet to a point; thence extending southwardly, parallel with Atlantic Avenue, a distance of 100 feet to a point; thence extending wastwardly, parallel with 17th Street, a distance of 150 feet to the eastern line of Atlantic Avenue; thence extending northwardly along the eastern line of Atlantic Avenue a distance of 100 fee to the point and place of beginning. TOGETHER with all the easements, right, title and interest whatever, both at law and in equity of the Grantor in and to that certain lot, piece, parcel or tract of land lying to the east of the above-described real property extended into the Atlantic Ocean; together with all privileges, rights of way, easements, water, water courses, riparian rights and appurtenances of every kind thereto belonging or in any wise appertaining. IT BEING the same property conveyed to Sea Escape Corp., a Virginia corporation by deed of J. Frank Malbon and John A. Maddox, partners trading as Prince Charles Company, dated June 10, 1965 and recorded in the aforesaid clerk's office in Deed Book 906 at page 494. sll/docs/maddox.des CONDITIONAL ZONING AGREEMENT THIS AGREEMENT, made this 25th day of November, 1994, by and between SEA ESCAPE CORP., a virginia corporation, (hereinafter referred to as Grantor), and the CITY OF VIRGINIA BEACH, a municipal corporation of the commonwealth of virginia (hereinafter referred to aS Grantee). W I T N E S E T H WHEREAS, the Grantor has initiated 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 RT-1 Resort Tourist District to RT-2 Resort Tourist District (Conditional) on a certain lot which contains a total of 15,000 square feet, more or less, in the virginia Beach Borough, of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A, hereinafter "the Property"; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit dif f ering uses on and in the area of the Property and at the same time to recognize the effects of the changes, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned RT-2 are needed; and WHEREAS, the Grantor has voluntarily prof f ered 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 regulations provided for in the existing RT-2 zoning district by the City @oning 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 Zoning Map relative to the Property described above, which conditions 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 Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the 2 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 section 15.1-431 of the Code of Virginia, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, Site Plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be developed substantially as shown on the plan entitled 1117th Street Dairy Queen Park For: Richard Maddox" dated September 29, 1994 and prepared by CMSS Architects' said plan being the same plan being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach. 3 2 The Property shall be restricted to the following uses: an eating and drinking establishment; public buildings; and/or open space and grounds. 3. In the event Grantee refuses to allow that portion of 17th Street or other City property abutting the Property to be used as a park or similar open space, or refuses to allow Grantor or the patrons of the eating and drinking establishment on the Property access across said areas, Grantor shall not be deemed to be in violation of Paragraph 1 of this Agreement as a result of such refusal. 4. Grantor shall construct and thereafter maintain in a clean and sanitary condition, as an integral part of the eating and drinking establishment on the Property, a public comfort facility consisting of separate men's and women's rest rooms. Such facility shall be open to the general public in addition to patrons of the said establishment at all times during which said establishment is open for business, and shall be of equivalent capacity and quality as the City's comfort facility located upon the property commonly known as the 24th Street Park. In the event Grantor fails to maintain such facility as required by this Paragraph, and such failure continues after five (5) days' written notice of such failure is given to Grantor, Grantee shall have the right to enter upon the Property for the purpose of performing necessary maintenance, and the reasonable cost thereof shall be chargeable to Grantor. 4 5 Grantor shall install reasonable signage, of a size and type and in a location acceptable to the Grantee, at or near the entrance to the aforesaid comfort facility, indicating that such facility is open to the general public. Such signage shall not be included in determining the signage allowed upon the Property pursuant to applicable provisions of the City Zoning ordinance. 6. Grantor's obligations pursuant to Paragraphs 4 and 5 of this Agreembnt shall extend for so long as there is an eating and drinking establishment upon the Property, but in no event for less than fifteen (15) years from the date of City Council approval of the rezoning application giving rise to this Agreement. 7. The design of the building on the Property shall be substantially as shown on the architectural rendering entitled "Rendering of 17th Street Dairy Queen Park For: Richard Maddox" dated September 29, 1994, prepared by CMSS Architects, said rendering being the same drawing being submitted to City Council and on file in the Planning Department of the City of Virginia Beach. S. Grantor shall not sell or permit the sale of alcoholic beverages on the Property. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and the administration of applicable city codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and 5 to regulations applicable thereto refer to the City Zoning ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning application is approved by the City Council. 10. Grantor and Grantee hereby mutually acknowledge and agree that the use and development of the Property in accordance with the terms of this Conditional Zoning Agreement is part of an integrated plan pursuant to which the parties intend that certain adjacent or nearby property owned by Grantor or the City, as the case, may be, which property is more fully identified in a lease/development agreement by and between the parties dated will be used as a public park or similar open space. 11. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach shall be vested with all necessary authority on behalf of the City Council 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 conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, 6 the City Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signature and seal: SEA ESCAPE CORP. By: Name: Title: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this day of November, 1994, by John A. Maddox, President of Sea Escape Corp. Notary Public My Commission Expires: lwmls".agm 7 1 AN ORDINANCE TO TRANSFER $130,000 2 FROM TGIF RESERVES TO FUND A 3 DEVELOPMENT/LEASE AGREEMENT WITH 4 THE SEA ESCAPE CORPORATION 5 6 WHEREAS, it is the desire of Council to enter into a development/lease agreement with Sea 7 Escape Corporation to allow for development of certain property at 1 7th Street and oceanfront; 8 WHEREAS, the initial year of the lease requires the City's payment of a one-time sum of 9 $1 30,000 which funds are available through a transfer of appropriations from TGIF Reserves. I 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 1 1 BEACH, VIRGINIA: That $1 30,000 is hereby transferred within the TGIF Special Revenue Fund from 1 2 TGIF Reserves to an operating account to fund the initial term of the development/lease agreement 1 3 with the Sea Escape Corporation dated December 6, 1 994 1 4 This ordinance shall be effective on the date of its adoption. 1 5 Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of 1 6 December 1994. Approved As To Content Dept. udget I AN ORDINANCE] AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE AND DEVELOPMEN'R AGREEMENT WITH 3 SEA ESCAPE CORP. 4 WHEREAS, the Sea Escape Corp. i-- the owner of two parcels 5 of land located, respectively, at the northeast corner of 17th 6 Street and Atlantic Avenue and the south,,@i@@t corner of 17th Street 7 and Atlantic Avenue; and 8 WHEREAS, th(, City is the OWrIEt of a parcel of land 9 situated on 17th Street between the two par,@7els owned by Sea Escape 10 Corp.; and 11 WHEREAS, the City currently maintains public rest rooms 12 on the city-owned property; and 13 WHEREAS, Sea Escape Corp. has proposed to redevelop its 14 property so as to cc)nstruct a restaurant on its Southern parcel and 15 a public park on its northern parce[ and tlie City-owned property; 16 and 17 WHEREAS, Sea Escape Corp. furtlier proposes to demolish 18 the existing public rest rooms and to construct new rest rooms on 19 its southern parcel whi,@1) will be m@i e @ivijlable@ to the public; and 20 WHEREAS, the City Counc@l is ,f the opinion that the 21 proposal made by Sea Escape Corp., ir @onstructed, would be 22 advantageous to the citizens of the City iiid to all visitors to the 23 oceanfront. 24 NOW, THEREFOI@E, BE IT ORDAINED Bi 'rHE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIR(IINIA: 26 That the Manager is here i iuthorized to execute a 27 lease and development agreement in @i form @@@iL)stantially the same as 28 the agreement between ';ea Escape ('orlD. iti@i the City of Virginia 29 Beach dated December 6, 1994, as amen(led. 30 Adopted Ly the Council of @hE, C,ity of virginia Beach, 31 virginia, on the (I day of December 19 9 4 32 CA-5791 33 ORDIN\NONCODE\SEASCAPE.ORD 34 R-3 35 12/08/94 - 32 - Item III-J. I. b. PUBLIC HFARING ITEM # 38627 PLANNING Attorney Morris H. Fine, 2101 Parks Avenue, Phone: 42-1678, represented the applicant Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED Ordinances upon application of EDWARD B. and JEAN M. SNYDER, Trustees of Snyder Family Trust and CHECKERED FL,4G MOTOR CO., INC. for a Change of Zoning District Classification and Conditional Use Permit: ORDINANCE UPON APPLICATION OF EDWARD B. AND JEAN M SNYDER, TRUSTEP-5 OFSNYDER FAMILY TRU.5TAND CHECKERED FLe4G MOTOR CO, INC FROM R-75 TO B-2 ZO]2941437 BE IT HEREBY ORDAINED BY 771F COUNCIL OF THI, CTIY OF IIIRCINL4 BEACH, VIRGINL4 Ordinance upon application of Edward B. & Jean M. Snyder, Trustees of Snyder Family Trust & Checkered Flag Motor Co, Inc., for a Change of Zoning District Classification from R-7.5 Residential District to B-2 Conununity Business District on the east side, of Clearfield Avenue beginning at a point 170 feet more or less south of Virignia Beach Boulevard. 7he proposed zoning classification change to B-2 is for retaillservice land use. 7he Comprehensive Plan recommends use of this parcel of suburban medium density at densities that are compatible with single-family use in accordance with other Plan policies. @aid parcel contains 16,552.8 square feet. KEMP,5vIlll,,' BOROU(,IL AND, ORDINANCL UPON APPLIC4TION OF EDWARD B. AND JF-4N M SNYDER, TRUSTE@ OF SNYDER FAMILY TRUST & CHECKERED FLAG MOTOR CO, INC FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE "LES, RENTALS AND Rfi,'PAIR R012941921 BE IT HEREBY ORDAINED BY 7'Hl,,' COUNCIL OF THP,' (.FTY OL,'VIRCINIA BF-4CII, V7RGINL4 Ordinance upon application of Edward B. & Jean Snyder, Trustees of Snyder Family Trust & Checkered Flag Motor (,a., for a Conditional Use Permit for motor vehicle sales, rentals & repair on the south side o@ Kzrginia Beach Boulevard, east of Clearfield Avenue. Said parcel is located on 5315 rirignia Beach Boulevard and contains 10.5 acres. KEMPSI,7LLE BOROU(;H. 7he following condition shall be required: 1. Site improvements shall be in accordance with the submitted development plan entitled "P)-eliminary 5ite Layout for Checkered Flag Isuzu and Toyota Conditional use Permit. 7hese Ordinances shall be effective in accordance with Section /07 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5ixth of December, Nineteen Hundred and Ninety-Four. December 6, 1994 - 33 - Item III-J-I.b. PUBLIC HEARING ITEM # 38627 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branck III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M @trayhorn Council Members Voting Nay: None Council Members Absent: None December 6, 1994 - 34 - Item 111-J. I. c. PUBLIC HFARING ITEM # 38628 PLANNING Mark Calcagni, 11 South Witchduck Road, Phone: 671-7120, represented the applicant Upon motion by Council Lady Strayhorn, seconded by Councibnan Moss, City Council ADOPTED an Ordinance upon application of MARK CALCAGNI for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MARK CALCAGNI FOR A CONDITIONAL U@E PERMIT FOR A STORAGE AND PROCESSING OF S4LVACYF, @CRAP OR JUNK RO]2941922 BE IT HEREBY ORDAINED BY THF COUNCIL OF THI,, CITY OF 117RCINL4 BF,4CH, VIRGINLL Ordinance upon application of Mark Calcagni for a Conditional Use Permit for storage and processing of salvage, scrap r junk on the north side of Mac @treet, east of South Witchduck Road Said parcel is located at 122 South Witchduck Road and contains 12,693 acres. KFMPI;VILLE BOROUGH 7'he following conditions vhall be required,- All work must be conducted inside the existing building located on the property. 2. No scrap vehicles or any other materials shall be stored outside the existing building and all existing materials Yhall be removed within twelve months. 7'his Ordinance shall be effective in accordance with ';ection 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, @irginia, on the Sixth of December, Nineteen Hundred and Nineiy-Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert Y- Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louiva M Strayhorn Council Members Voting Nay: None Council Members Absent.- None December 6, 1994 - 35 -- Item III-J.I.d PUBL[C HFARING ITEM # 38629 PLANNING Attomey P, E. Bourdon, Pembroke One, Fifth Floor, Phone: 499-89721, represented the applicant Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of WILLIAMS HOLDING CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF W7LLLIMS HOLDING CORPORATION FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY RECYCLINC, OPERATION,,; R012941923 BE IT HEREBY ORDAINFD BY 7HE COUNCIL OF THI,' CI7Y OF VIRCINIA BEACH, IIIRGINIA Ordinance upon application of Williams Holding Corporation for a Conditional Use Permit for a temporary recycling operation on certain properly located on the east side of Military Ifighway, 210 feet more or less north of Alexandria Lane. @id parcel contains 54 ares. KEMPSI,7II,P, BOROUCH Ihe following conditions shall be required: 1. Site improvements shall be in accordance with the submitted development plan entitled "Concrete Crusher Operation" dated September 27, 1994, excluding the buffer on the South side of the property. 2. Ihe crushinglrecycling operation shall be completed within 9() days of (@ommencement. 3. No Sunday operations are permitted. 7his Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beack Virginia, on the Sixth of December eteen Hundred and Ninety -Four, Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jonev, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. @essoms, Jr., and Louiva M. @trayhorn Council Members Voting Na-v: None Council Members Absent: None December 6, 1994 - 36 - Item III-J. I.e. PUBLJC HEARING ITEM # 38630 PL4NNING Attorney Grover Wright, represented the applicant Upon motion by Councibnan Brancl; seconded by Vice Mayor Sessona, City Council ADOPTED an Ordinance upon application of DAUGHERTY-LEE, INC., TIA AFFORDABLE TENT CO. for a Conditional Use Permit: ORDINANCE UPONAPPLICATION OFDAU(;HERTY-IEE, INC, TIA AFFOPDABLE TENT CO., FOR A CONDITIONAL USE PERMIT RO]2941924 BE IT HEREBY ORDAINP,'D BY 771E COUNCIL OF TIIE CIIY OF VIRGINL4 BEACH, IIIRGINIA Ordinance upon application of Daugherty-Lee, Inc., TIA Affordable Tent Co., for a Conditional Use Permit for motor vehicle rentals (trucks) at the southwest corner of 2]st Street and Cypress Avenue. Said parcel is located at 700 2]st Street and contains 20,224 vquare feet. VIRCYINL4 BEACH BOROUCII 7'he following conditions shall be required: 1. An 8-foot privacy fence with brick columns and a 10-foot landscape buffer along 21st Street to the existing fence with slats and along Cypress Avenue shall be required 2. 7he Conditional Use Permit shall be for a period of two years, after which time it shall be returned to City Council for review. 7'his Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Pi'rginia Beach, Virginia, on the Sixth Qf December, Nineteen Hundred and Ninety-Four. Voting: 9-2 Council Members Voting Aye. John A. Baum, Linwood 0. BrancA III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Kice Mayor William D. @essoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: Louis R. Jones and Nancy K Parker Council Members Absent.- None December 6, 1994 - 37 - item iii-ii.f PUBLIC HEARING ITEM # 38631 PLANNING Reverend Richard Chasse, 2197 Rock Lake Ioop, Phone: 471-0185, represented the applicant Upon motion by Council Lady @trayhorn, seconded by Pice May()r Sessolm, City Council ADOPTED: ORDINANCE UPON APPLICATION OF NORTH LANDING BAPTIST CHURCH FOR A MODIFICATION TO THE TIMBFRL4KE IAND ii,@ PLAN ZO]2941438 BE IT HEREBY ORDAINFD BY THT' COUNCII, OF THI, CI7Y OF PTRGINL4 Bf-4CH, VIRGINIA Ordinance upon application of North Landing Baptist Church for a Modification to the Timberlake Land Use Plan at the northeast intersection of Foxwood Drive and Windsor Oaks Boulevard. Ihe proposed modification to the Timberlake Land Use Plan is to allow a church an this site. The Comprehensive Plan recommends use of this parcel for retaillservice. Said parcel is located at 4080 Foxwood Drive, Suites 101 and 103, and contains 17,598 vquare feet. KIMl',5vllLE BOROUGII 7his Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the Cit-v of rirginia Beack Virginia, on the SLxth of December, Nineteen Hundred and Ninety-Four, Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera F Oberndorf Nancy K Parker, Vice Mayor William D. Sesvoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood 0. Branch, III December 6 1994 38 - e APPOINTMENTS ITEM # 38632 BY CONSENSUS, City Council RESCHEDULED the following APPOIAITMENTS: COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SER117CES BOARD FRANCIS L4ND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION RESORT AREA ADI,7SORY COMMISSION (RA,4C) December 6, 1994 - 39 - Item III-K2. APPOINTMENTS ITEM # 38633 Upon NOMINATION by ;rice Mayor Sessoms, City Council REAPPOINTED: BOARD OF BUILDING CODE APPEALS Building Maintenance Division Ruth W. Bell Jimmie A. Koch Vincent R. Otivieri 2-Year Term 111195 - 12131196 New Construction Division Wdliam A. Davenport Darrel J. Hughes Donald R. Trueblood 2-Year Term 111195 - 12131196 Robert L. Yoder Extended Term ]-Year 111195 - 12131196 Electrical Division Archie R. Smith Robert H. Smith, Jr. Richard W. Ilo@ James S. Witcher 2-Year Term 111195 - 12131196 Plumbing & Mechanical Division Richard S. Corner William L. Hendricks, Donald D. Jones, Jr. Peter C. Striffler James D. Wells, Sr. 2-Year Term 111195 - 12131196 AND, APPOINTED New Construction Division Frank Mathews (Building Supply Business) 2-Year Term 111195 - 12131196 December 6, 1994 - 40 I- 2. APPOINTMENTS ITEM # 38633 (Continued) Voting: 10-0 Council Members Voting Aye. John A. Baum, Robert K Deam William W. Harrison, Jr., Barbara M. Henley, Louis R- Jones, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and louisa M .5trayhorn Council Members Voting Nay. Non e Council Members Absent: Linwood 0. Branch, III December 6, 1994 - 4I - Item III-K3. APPOINTMENTS ITEM # 38634 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: CHESAPEAKE BAY PRESERVATION AREA BOARD David M. Hummel J. Harry Mote 3-Year Term 111195 - 12131197 Voting: 10-0 Council Members Voting Aye John A. Baum, Robert Y- Dea?; William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Ilice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay- Non e Council Members Absent: Linwood 0. Bran(h, III December 6, 1994 - 42 - em If- 4. APPOINTMENTS ITEM # 38635 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOIATED.- THE VIRGINL4 BF,4CH FOUNDATION, INC Distribution Committee Frederick J. Napalitano 5-Year Term 111195 - 12131199 Voting: 10-0 Council Members Voting Aye. John A. Baum, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. C)berndorf Nancy K Parker, Vice Mayor William D. SessonLv, Jr., and Louisa M. Strayhorn Council Members Voting Nay. Non e Council Members Absent: Linwood 0. Branch, III December 6, 1994 - 43 - Item III-K5. APPOIA'TMENTS ITEM # 38636 Upon NOMINATION by Vice Mavor Sessoms, City Council APPOINTED: REVIEW ALLOCATION COMMITTEE (COIG) Robert Stein Firginia Beach Foundation, Inc. No Term Voting: 9-0 Council Members Voting Aye. Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. 5essoms, Jr., and louisa M. 5trayhorti Council Members Voting Nay None Council Members Absent: John A. Baum and Linwood 0. Branch, III December 6, 1994 - 44 - Item III-K6 APPOINTMENTS ITEM # 38637 Upon recommendation by Vice Mayor Sessoms, City Council CONFIRMED PEAPPOIATMENT.- COMMUNITY CORRECTIONS RESOURCE BOAPD Carol C. Buck Virginia Department of Corrections 01101195 - 06130195 Term of 6 months Voting: 9-0 Council Members Voting Aye@ Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, John D Moss, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and louisa M. Strayhorn Council Members Voting Nay. Non e Council Members Absent: John A. Baum and Linw()Od 0. Branch, III December 6, 1994 45 - NEW BUSINESS ITEM # 38638 COUNCIL-SPONSORED ITEMS Upon motion by Vzce Mayor @essoms, seconded by Council I ady Strayhorn, City Council ADOPTED, AS REI,7SED: Ordinance to APPROPRL4TE $71,9;51 0. from the General Fund Balance to FY 1994-1995 Operating Budget of the Department of Convention and risitor Development to address the shortfall of @ing for the American Atusic FestivaL (Sponsored by Mayor Meyera F. Oberndorf and Vice Mayor William D. Sessoms, fr.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: Non c Council Members Absent: Linwood 0. Branck III December 6, 1994 Prepared at the Request of Mayor Meyera E. Oberndorf and Vice-Mayor William D. Sessoms, Jr. I AN ORDINANCE TO APPROPRIATE 2 $60,050.16 FROM THE GENERAL FUND 3 BALANCE TO THE DEPARTMENT OF 4 CONVENTION AND VISITOR DEVELOPMENT 5 TO ADDRESS THE SHORTFALL OF FUNDING 6 FOR THE AMERICAN MUSTC FESTIVAL 7 WHEREAS, the American Music Festival was extremely 8 successful in bringing about an excellent spirit and family fun at 9 the oceanfront; and 10 WHEREAS, in spite of the success of the Festival, 11 Virginia Beach Events Unlimited, Inc. , the City's contractor for 12 the overall Beach Events Program, incurred a loss of $60,050.16 13 during the Festival due to less than favorable weather conditions 14 and other factors beyond its control; 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That $60,050.16 is hereby appropriated from the General 18 Fund Balance to the FY 1994-95 Operating Budget of the Department 19 of Convention and Visitor Development in order to offset the 20 unanticipated shortfall in funding for the American Music Festival. 21 This ordinance shall be effective on the date of its 22 adoption. 23 Adopted by the Council of the city of virginia Beach, 6 24 Virginia, on the day of December 1-994. 25 CA-5742 26 ORDIN\NONCODE\VBEU.ORD 27 R-4 28 PREPARED: 12/13/94 - 46 - it I-M. NEW BUSINESS ITEM # 38639 COUNCIL-SPONSORED ITEMS Upon motion by Council Lady Parker, seconded by Councilman Dean, City Council APPROYED Public Works Specifications and Standards - Revision to Drawings A- ll, A-12, A-13 and A-18. (Sponsored by Councilwoman Nancy K Parker) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K- Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K- Parker, Vice Mayor William D. 5essoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None December 6, 1994 - 47 - Item III-M,3. NEW BUSINESS ITEM # 38640 BY CON@SENSUS, City Council RECORDED: Abstract of Votes cast in the General Election held November 8, 1994. December 6, 1994 ABSTRACT OF VOTES cast in the County/City of vTgrTmTA gp.A(-m -Vir@, at the November 8, 1994 Gen@ Election, for: ER STAIM SM"TE row N@ of an C S. lEtOBB 4 4 , 748 -0@R "OM46" NORTH 46,378 J. co 13,800 -U D- 0 JENNIFER ARSENAULT 1 ,MREMY BARNES 1 THOMAS BEAL 1 GARY DAVID BENNETT 1 WILLIAM G. BISHOP JOHN WAYNE BOBBITT if n"&d) Ift u @orat B"4 upon @@n of hU o@ wM LU Clff* of the COurt Of 00 @n hdd on No 8, IM, do hemby @ dw Ow above it a @ and coo i ed Of V09" cut at W& @n for Member of ae Senate in Ow Cs of the United Stat". &m @ our han& ab 9TH dyof n V&" n sec@ Sw@, B@ FA STATES SENATE November 8, 1994 District General Election @t.V/City of VIRGINIA BEACH page 2 of I red vwm of (zn MNATHAN ROWT@L-N BOZO THE CLOWN ROBERT E. BUTLER I RAOUL CEDRAS 1 JESUS CHRIST I SYLVIA CLUTE 3 STEVEN B. CONRAD I P. A. COPELAND I GLENN COREY 1 PAULA COUGHLIN 1 HENRY DRT.TNRO I JOHN DOE I FRANK DREW 2 ELIZABETH ESPINOZA I FRH I VICTORIA FITZGERALD I JOE FLANNAGAN 1 WILLIAM F. FOX Abstract Continuation S@t MEMBER, UNITED STATES SENATE NOVEMBER 8, 1994 Office'ntle ]Election Date GENERAL Election @tY/City of v:rgrTNTA BEACH G*neral ar @l Page 3 of 5 Total vot" N@ of @e an PAUL GALLIGAN I JERRY GARCIA 1 RICHARD GTR I VIRGIL GOODE 3 FORREST GUMP I KATHRYN M. HAMPTON I PHILLIP H. HAZELDINE 2 WAYNE HEAPS 1 JIMMY H!,NLEY 2 MAIJREEN ARD I ARCHIE JOHNSON 1 JIM KINCAID 1 CYNTHIA T.TM I BARBARA LUNA 1 WILLIAM A. LYNN III 1 ROBERT mrr I Ab@act Continuation Sheet MEMBER, UNITED STATES SENATE NOVEMBER 8, 1994 Office rfitle Election Date GENERAL E;Iection @ty/Cityof VIRGINIA BEACH Page 4 of I rotor votm N@ of (Z. HUGH MCCOLLUM 1 JAMES MILLER 6 MICKEY MOUSE MINNIE MOUSE I SID MURDOCK I NAPOLEON I NONE OF THE ABOVE 11 WILLIAM S. OSBORNE I CAESAR PARKER I ,JOHN 0- PARMP.T.F. TR- I ROSS PEROT 1 EARL PITTS I WTT-T-TA,M OTTQ PRATT 2 RONALD REAGAN 2 PHILIP J. J. RICHTER IV 1 ROGER RIGGS I Abstract Continuation Sheet MEMBER, UNITED STATES SENATE NOVEMBER 8, 1994 Offift Title Election Date GENERAL Election @ty/Cityof VIRGINIA BEACH Page 5 of 5 rotat votm @ived N@ of an JACK ROARK I PAT ROBERTSON 1 LINDA RATT, ROBINSON I JOSEPH E. RUETTGERS 1 GEORGE SCHAEFER 1 NANRY SPANNAUS I TOMMY SUN I A. GEORGE SWEET III 1 PAUL TRIBLE I ArE VENTTIRA I JOHN WARNER 1 G. WILLIAM WHITEHURST 11 T.- DOlIrT.A(; WTT-T)ER 8 ABSTRACT OP VOTES cast mtheCoUnty/City of VIRGINIA BEACH V@ at @ November 8, 1994 GeneM Election, for: ]M HOUSE OF R"RM@A 4TH _ DidriCt N@ of NORMAN SISISKY 1 3 3 3 A. RE()RGE QW-EET III 1 3 50 OWEN PICKETT I (@ne sUe, if we. the un&rs@ Bledoral Boar4 upon exwmnadon of the o@ @sited wtth the Clerk of the @t Court of the @n held on No@r 8, 1994, do hvvby o"fy that the above is a bw and correct of Vota cag at add @n for Member of the House of tion in the Cowm of the United Given under our hands ab 9TH dayofno Chakmn Irtce Cha@n S-re@ Secretaiy, Electoral B=M .-A-B-STIUCT OP VOTES cast in the County/City of VIRGINIA BEACH V'@a, at the November 8,1994 Genwd Election, for: Elt HOUSE OF ATIM 2ND @ct nw raw OWEN B. PICKETT 58 , 304 ,T. T. -fl.JT M is 4 3, 8 97 ERIBERTO M. ANGELES 1 GARY D VID BENNETT 1 LEE CONLEY I GLENN COREY 1 JAMES DOTTER I @TOP, DIJRANT 1 CLAIRE FORSTER 1 DENTON GIBBS SR. 1 (@ut m rewrw If @) we. unde@ Ekdorat Board, upon exanunatwn of the o@ records de@ @ ae Ctwk of the @uit Court of the ekction hejd an November 8, 1994, do hereby dw the about is a bw and @ of Vok8 md at add @n for Afernber of dw Houw of R lives in the Cb of the Unfted Gium @ our hands tW 9TH dmy Cha&7nan Vtce Chai?7nan sec@ Secretaiy, Bledomi FA zx%IL78E OF REPRESENTANM November 8, 1994 2ND @ct General @on CoUnty/City of VIRGINIA BEACH pap 2 of 3 row V"ft of RAY HAUSERMAN DAVID ARTHUR HOWARD ARCHIE JOHNSON BOB JONES GEORGE LANDRITH DARRYL LEACH LORRAINE LEE PHIL T,P-q GEORGE "BUD" MCCULLOUGH 1 DONALD M. "DON" MICHELS I JIM MILLER I MARLENA MORP, 1 MICKEY MOUSE I NONE OF THE ABOVE 3 PRFP C- P; 2 PLANET GREEN 1 MICHAEL J. POSTA III 1 .qCOTT Ab Continuation Sb"t MEMBER, HOUSE OF REPRESENTATIVES NOVEMBER 8, 1994 Office'ntle Election Date GENERAL Election County/Cityof vTgcTNTA RpArH Ge@ w S@l Page 3 of 3 row vot" N@ of (in FREDERICK C. SWANSON I A. GEORGE SWEET III 3 ROBERT ALVIN TAYLOR 1 JAMES C. VAN PELT I G. WILLIAM WHITEHURST I DOUG WILDER 2 TOTO WOODHOUSE 1 FRANK ZAPPA 1 ELLIOTT PAUL ZUCKER I ABSTRACT OF VOTES cast in the Count3r/City of V'@a, at the November 8,1994 Special Election, for: PROPOSED CON IONAL AMEND QL7ESTION 1: ShaU the Constitution of Virginia be amended to authorize the General ly to reopen and =Wnd the datutory time period for bringing civil lawsuits which involve intentional '" 'uries to minors? Total van an YES 68,253 NO 32,568 QUESNON 2: ShaR the Constitution of Virginia be amended to revise voter registration provisions, including two changes that wiU (1) delete the requirement that you must apply in person to register and allow registration by mail and (2) eliminate the requirement for canceling your registration if you have not voted in four years? row vam an YES-51,907 No -46,077 CO@ ON @ NM PROPOSED CONSTrrUTIONAL S Novem3ber 8, 1994 Special Election County/City of VIRGINIA BEACH Page 2 of 2 QLTESTION 3: Shall the Constitution of Virginia be amehded to revise the procedures followed (1) by the Governor to veto or propose amendments to biUs passed by the General Assembly and (2) by the General Mwmbly in response to the Governces vetoes or proposed amendments? van an yES 54,992 No 41,788 We. the undersigned Electoral Board, upon @nation ofthe official r-ecords deposited with the Ckrk ofthe circuit cDUrt ofthe election held on November 8, 1994, do hereby certify that the above is a @ and correct AbsftW of Votes cast at said election for and against the prop@ amendments tD the Constttution of V@nia. Given under our hands this Act"@ Chair7nan Vi-ce Chair7nan OE 7Z- Sec@ Secretary, ElectDral Board - 48 - Item 111-N. I. ADJOUPJVMENT ITEM # 38641 Mayor Oberndorf DECLAPED the City Council Meeting ADJOURNED at 6:30 P.M. Chief Deputy City Clerk -------- -------------------------- uth Hodges @zti4 I,' Meyera E Oberndorf City Clerk Mayor City of Virginia Beach 1-irginia December 6, 1994