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NOVEMBER 14, 1995 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS JR At-Large JOHN A BAUM Blackwater Borough LINU/OOD 0 BRANCH 111 Vzrgzn~a Beach Borough ROBERT K DEAN, Pnncess Anne Borough W W HARRISON JR Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M HENLEY, Pungo Borough LOUIS R ]ONES Bays~de Borough NANCY K PARKER, At-Large LOUISA M STRAYHORN, Kempswlle Borough JAMES K SPORE, C~ty Manager LESLIE L LILLEY, Czty Attorney RUTH HODGES SMITH, CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA o~. OUR 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 (804) 427 4303 November 14, 1995 I. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 ae Be LEGISLATIVE PACKAGE Robert R. Matthias, Assistant to the City Manager SOUTHEASTERN PARKWAY AND GREENBELT Robert J. Scott, Director of Planning II. AGENDA REVIEW SESSION - Conference Room - ao Be REVIEW OF AGENDA ITEMS CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Chuck Harrison First Colonial Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS November 7, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H· CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PUBLIC HEARING i · MODIFICATION OF BOUNDARIES: RESIDENCE DISTRICTS FOR ELECTION OF COUNCIL MEMBERS J· RESOLUTION/ORDINANCES i · Resolution reaffirming the City Council's support for the Southeastern Parkway and Greenbelt; requesting the Commonwealth Transportation Board select a preferred alternative; and, authorizing final environmental studies. · Ordinance to authorize acquisition of property in fee simple for construction of sewer and water projects, including temporary and permanent easements, by agreement or condemnation, in the following neighborhoods: ae Ce d® f· he i · me r· te v· w· Alanton Sanitary Sewer (CIP 6-972) (LYNNHAVEN BOROUGH). Ashmore Drive Sanitary Sewer (CIP 6-994) (PRINCESS ANNE BOROUGH). Colony Drive Sanitary Sewer (CIP 6-002) (PRINCESS ANNE BOROUGH)· Colony Drive Water (CIP 5-098) (PRINCESS ANNE BOROUGH). Eagles Nest Point Sanitary Sewer (CIP 6-049) (LYNNHAVEN BOROUGH). Eagles Nest Point Water (CIP 5-112) (LYNNHAVEN BOROUGH). Homestead Sanitary Sewer (CIP 6-947) (KEMPSVILLE BOROUGH). International Parkway Sewer Force Main (CIP 6-045) (PRINCESS ANNE BOROUGH). Lagomar Water (CIP 5-109) (PRINCESS ANNE BOROUGH). Lake Shores Water (CIP 5-110) (BAYSIDE BOROUGH). Leroy Drive Sanitary Sewer (CIP 6-013) (PRINCESS ANNE BOROUGH). Little Haven Sanitary Sewer (CIP 6-048) (LYNNHAVEN BOROUGH). Little Haven Water (CIP 5-052) (LYNNHAVEN BOROUGH). Little Neck Point Water (CIP 5-107) (LYNNHAVEN BOROUGH). Old Princess Anne Water (CIP 5-103) (KEMPSVILLE BOROUGH). Potters Road Water (CIP 5-113) (LYNNHAVEN BOROUGH). Potters Road Sanitary Sewer (CIP 6-014) (LYNNHAVEN BOROUGH). Reon Drive Water (CIP 5-050) (KEMPSVILLE BOROUGH). Salem Road #2549 Sanitary Sewer (CIP 6-050) (PRINCESS ANNE BOROUGH). Salem Road "A" Water (CIP 5-106) (PRINCESS ANNE BOROUGH). Salem Road "D" Sanitary Sewer (CIP 6-009) (KEMPSVILLE BOROUGH). Sandbridge Sanitary Sewer (CIP 6-931) (PRINCESS ANNE BOROUGH). Sandbridge Road Phase 2 Water Main (CIP 5-002) (PRINCESS ANNE BOROUGH). · · · · x. Sherry Park Water (CIP 5-081) (KEMPSVILLE BOROUGH). y. South Kentucky Avenue Water (CIP 5-099) (KEMPSVILLE BOROUGH). z. South Kentucky Avenue Sanitary Sewer (CIP 6-998) (KEMPSVILLE BOROUGH). aa. Stumpy Lake Lane Water (CIP 5-105) (KEMPSVILLE BOROUGH). ab. Stumpy Lake Lane Sanitary Sewer (CIP 6-052) (KEMPSVILLE BOROUGH). ac. Stumpy Lake Water (CIP 5-108) (KEMPSVILLE BOROUGH). ad. West Neck Creek Golf Course Sanitary Sewer (CIP 6-059) (PRINCESS ANNE BOROUGH). ae. Whitehurst Landing Road "A" Sanitary Sewer (CIP 6-997) (KEMPSVILLE BOROUGH). Ordinance to APPROPRIATE $546,529 from Aetna Fire and Casualty Company to the School's Self Insurance Trust Fund re payment of operational expenses associated with the PrincessAnne High School fire; and, estimated revenues from insurance be increased accordingly. Ordinance to APPROPRIATE $991,510 from the General Fund Balance and 886,125 from the Water and Sewer Fund Retained Earnings for the Gainsharing Program for the City's eligible full-time and part-time permanent employees. Ordinances to authorize temporary encroachments: a· Into a portion of the City's right-of-way of a 20' Alley adjacent to the North lot line of 2500 Atlantic Avenue to CHARLES R. HULL re construction and maintenance of a metal fire escape (VIRGINIA BEACH BOROUGH). be Into a portion of the City's drainage and impoundment easement at 1865 Haviland Drive to MICHAEL DEBAR and BETSY DEBAR re construction and maintenance of a bulkhead and dock (PRINCESS ANNE BOROUGH). Ce Into a portion of the City's impoundment easement adjacent to 1212 Aztec Court to CARLTON E. TAYLOR and BARBARA E. TAYLOR re construction and maintenance of a timber bulkhead and associated backfill (PRINCESS ANNE BOROUGH). Ordinance to authorize License Refund in the amount of $53,599.20. K. PUBLIC HEARING - PLANNING 3:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. i o RECONSIDERATION OF CONDITIONS (NUMBERED THREE AND FOUR) in the December 3, 1991, approved Application of AQUA INVESTMENT ASSOCIATES, L.P. for a ~treet Clo~ure at 39th Street between Atlantic Avenue and the Boardwalk (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL · Application of LISA WILLIAMSON STATTS for a ~ to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance at 4117 Charity Neck Road (PUNGO BOROUGH)· Recommendation: APPROVAL · Application of RACETRAC PETROLEUM INC., for a Conditional Use Permit for a self-service gas station in conjunction with a convenience store on the South side of Virginia Beach Boulevard, West of Davis Street (5541, 5551 and 5553 Virginia Beach Boulevard), containing 42,645 square feet (BAYSIDE BOROUGH). Recommendation-. APPROVAL 0 Application of WILLIAM H. CHAPMAN for a Conditional Use Permit for an automobile service station at the Southeast corner of Princess Anne Road and Elson Green Avenue, containing 1.17 acres (PRINCESS ANNE BOROUGH)· Recommendation: APPROVAL · Application of EXXON CORPORATION for a Conditional Use Permit for aasoline sales in con4unction with a convenience store and an automated car wash on the Southeast corner of Rosemont Road and Holland Road (3597 Holland Road), containing 35,414 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL · Application of WITCHDUCK BINGO, INC., for a Conditional Use P~ for a bingo hall (addition) on a portion of Parcel G, Section 2, Aragona Village (660 N. Witchduck Road), containing 2.54 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL · Application of AZALEA GARDEN CHURCH for a Conditional Use P~ for a g~ on the West side of Centerville Turnpike, 400 feet more or less south of Jake Sears Road (1541 Centerville Turnpike), containing 8.92 acres (KEMPSVILLE BOROUGH)· Recommendation: APPROVAL · Application of EDWARD and KATHLEEN KURPIEL for a Conditional Use Permit for a home occupation (Mary Kay Cosmetics) on the North side of Princess Anne Road, West of Newstead Drive (2184 Princess Anne Road), containing 2.87 acres (PRINCESS ANNE BOROUGH). Recommendation: DENIAL · Applications of THE DRAGAS COMPANIES, Contract Purchasers, for Conditional Changes of Zoning District Classifications (PRINCESS ANNE BOROUGH): a· From AG-2 Aaricultural District to Conditional A-12 Apartment District on property at the Northwest corner of Old Dam Neck Road and Upton Drive, containing 10.5 acres. bo From R-10 Residential District to Conditional A-12 Apartment District on property at the Southwest corner of Dam Neck Road and Upton Drive, containing 27,673 square feet. Recommendation: APPROVAL 10. Application of CENTEX REAL ESTATE CORPORATION for a Ghange of Zonina District Classification from B-2 Community Business ~ to R-15 Residential Distric~ at the Northwest corner of Sandbridge Road and Las Brisas Drive (1724 Sandbridge Road), containing 19.85 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL L. APPOINTMENTS HISTORICAL REVIEW BOARD SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SEVAMP TRANSPORTATION SAFETY COMMISSION M. UNFINISHED BUSINESS I · OPERATION PHOENIX, Princess Anne High School (Sponsored by Councilman Louis Jones). N. NEW BUSINESS O. ADJOURNMENT * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * ll/08/95BAP AGENDA\ 11 /14/95 . PLN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: November 7, 1995 B R C H R P E A PAGE: 1 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N I BRIEFING A URBAN PARTNERSHIP Robert R Matth~as Ass1 to the C4ty Manager II/A REVIEW OF AGENDA ITEMS B CITY COUNCIL CONCERNS Ill/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y E SESSION F MINUTES' APPROVED 9-0 Y Y Y Y Y Y Y Y A A Y B 1 INFORMALJFORMAL SESSIONS S T October 24, 1995 A I N E D G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S I PRESENTATION 1 SCHOOL AUDIT KPMG Peat M&rw~ck Auditors J/1 ordinance to APPROPRIATE $250,0(X) ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y add~onal revenue from FEMA m support BY CONSENT of the Team's a~Mtles m aftermath of Hurrmane Opal 2 orda~a~ce to APPROPRIATE $320,~ to ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y (x~rect problems/enhance E-911 BY CONSENT Computer Aided D~spatch System 3 ordinance to ACCEPT a GRANT of ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y $60,125 from U S Dept of Justice/ BY CONSENT APPROPRIATE to the Polme Dept re Manpower Sched~r~Crm~e Analyas Informabon System 4 ordinance to APPROPRIATE $7,610 re ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y operating expense~purc~ of furmture BY CONSENT for Fr&nc~s Land House 5 ordinance to &uthor=e a temporary DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y Y e~crnachment mo a portion of C~ty TO property known a~ Lake Joyce to Nathan/ 11/28/95 Deborah H Segal re constructmn/ 6 PM maintenance of boat IdlJcatw&lk 6 Ordinance appointing wewers m petition A[X)PTED 9-0 Y Y Y A Y Y Y Y A Y Y of Hannaford Brothem Company for BY CONSENT B closure of portmn of Republic Road/ S Bonney Parkway (LYNNt-IAVEN T BOROUGH) A I N E D 7 Ordinance to author,~e &oquieit~on of ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y property to provide r-o-w for Doz~er's BY CONSENT condemnation CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: November 7, 1995 B R C H R P E A PAGE: 2 R R H E J N A S Y B ^ D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUl~ECT MOTION VOTE M H N N R Y S F R S N I 8 Tax refunds $6,222 03 APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y BY CONSENT K APPOINTMENTS' HAMPTON ROADS AIR POLLUTION REAPPOINTED 10-0 Y Y Y Y Y Y Y Y A Y Y DISTRICT COMMISSION 2-year terms Roger L Handy 11/01/95 to Bartley E Tu~h~ 10/31/97 MINORITY BUSINESS COUNCIL APPOINTED' 10-0 Y Y Y Y Y Y Y Y ^ Y Y Helen B Preb Unexpired thru 05/31/97 HISTORICAL REVIEW BOARD RESCHEDULED B Y C 0 N S E N S U S SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SE-VAMP TRANSPORTATION SAFETY COMMISSION I./1 Referendum queetmn on ELECTORAL I_esbe L I.J#ey REFORM City Attorney M RECESS TO EXECIJTIVE SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y ADD- (4 21 PM) ADD- CERTIFICATION OF EXECUTIVE CERTIFIED 7-0 Y Y Y Y A Y A Y A Y A . ON SESSION (4'50 PM) N ADJOIJRNMENT 4'54 PM PUBUC HEARING - CITY COUNCIL CHAMBER HOVEMBER 14, 19~6 - 2:00 PM RE: ELECTION DISTRICTS MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 14, 1995 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, November 14, 1995, at 11:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M Henley, Louis R. Jones and Mayor Meyera E. Oberndorf Council Members Absent: Vice Mayor William D. Sessoms, Jr. Robert 32. Dean William W. Harrison, Jr. Nancy IC Parker [ENTERED: 11:50 A.M.] [ENTERED: 11:04 A.M.] [ENTERED: 11:10 A.M.] [ENTERED: 11:03 A.M.] Louisa M. Strayhorn [ENTERED: 11:33 A.M.] CITY MANAGER'S BRIEFING LEGISLATIVE PACKAGE 11:00 A.M. ITEM # 39996 Mayor Oberndorf advised Vice Mayor Sessoms will be late for the Briefing Sessions and requested that the City Council consider adding to the Legislative Package funding for the Division of the Norfolk State~Old Dominion University Higher Education Center. LEGISLATIVE PACKAGE TABLE OF CONTENTS L Statement on State Funding II. Virginia Marine Science Museum IlL Notification of Items Before the Board of Zoning Appeals. IV. Failed Bulkheads V. Charter Changes Inspection of Wells VII Manufactured Housing Public Safety Package A. Certification of Police Officers B. Regulation of Carnival Games C. Peering Into Bathrooms and Changing Areas D. The Condemnation Authority for the Purpose of Economic Development X Draft of City Council Agenda Request Form Draft of Resolution Robert Matthias, Assistant City Manager, advised relative the Legislative Package, there is a general statement on State Funding rather than individual paragraphs on each of the items of concern. Kindergarten thru 12th Grade is discussed as well as higher education. Funding for Norfolk State~Old Dominion is also referenced. In addition to donating the land, the City has provided $250,000 in funds for preliminary engineering. It appears the State will request that the City sell bonds, presently backed with the credit of the City, to make this facility a reality. This is basically what the State Council on Higher Education did yesterday, November 13, 1995. The State Council on Higher Education authorized this project to go forward with the alternative financing mechanism, which is the same utilized for the TCC Campus in Norfolk. The Tuition fees would pay the debt service; however, but either the City or Development Authority would have to sell the bonds. The State is requested to provide funding to allow the Old Dominion/Norfolk State Higher Education Center to become a reality in Virginia Beach so that our residents can continue their education from under-graduate to graduate level through a partnership with Tidewater Community College/Virginia Beach campus. Mr. Matthias advised the State is also asked to re-examine the responsibilities of State and local government in terms of Social Services, Public Health Care, and the Community Services Board. The State is requested to enact the legislation, adopted by the 1995 Session of the General Assembly with a delayed enactment date of July 1, 1996, concerning the Community Services Board in Virginia Beach. This will allow the Community Services Board to act in an entrepreneurial fashion to provide the greatest of services for the least possible cost. The General Assembly is requested to fully-fund State aid to libraries and examine the suitability of the formula now used based on the greatly escalating cost of books and library services, generally. -3- CITY MANAGER'S BRIEFING LEGISLATIVE PACKAGE ITEM # 39996 (Continued) The General Assembly is requested to provide $2-MILLION to the Virginia Marine Science Museum in FY 97 as acknowledgement of the Virginia Marine Science Museum's contribution to the Commonwealth and its importance as an educational and tourism development tool. Councilman Dean recommended the request for the Virginia Marine Science Museum be changed to o request SS-MILLION rather than $2-MILLION. Under a recent Virginia Supreme Court ruling, written notice is required to be sent to adjoining property owners of those who live adjacent to property that will have variances considered by the Board of Zoning Appeals (BZA). Although the written notice may be received by the property owner, sometimes, because of a change in property ownership, the notice is sent to the incorrect person or to the lending institution that holds the mortgage on the property, therefore, often times, the notice is not received by the apporpriate property owner in a timely fashion. Also, this requirement cost the City in excess of $14,000 per year. The General Assembly is requested to amend Section 15.1-495 of the Code of Virginia that would allow posting of a sign listing, in sufficient detail, the date, time, place and nature of the matter before the BZ4, to be placed on the property rather than the written notice requirements. The General Assembly is requested to amend the Code to require, prior to the construction of any additional bulkheads or the repair of such bulkheads at Sandbridge or other areas of the City where bulkheads are constructed by private parties, that a sufficient bond to cover the entire cost of such bulkhead be posted and that such bond by kept valid in perpetuity or until the bulkhead is removed by the property owner. The General Assembly is requested to amend the Charter of the City of Virginia Beach and to ADD a new Section 20.03, High Constable -- the City Council shall appoint a High Constable who shall serve at the pleasure of the Council; he shall execute all processes, warrants, summons and notices in the General District Court and shall have other such duties as the Council may prescribe. The fees collected by the High Constable shall be established by duly adopted ordinance and all such fees shall be deposited into the City Treasury for use in the general operation of the City. It is the intent that the Sheriff by designated as the High Constable and that any fees he collects in excess of the cost of the actual service provided shall go to the City's General Fund. As this is a Charter Change, it will be advertised for a Public Hearing and come forward as a separate item. Approximately $800,000 a year is expected to be derived. Because of the City's ongoing need to adequately evaluate applications for potable water wells and the ongoing moratorium on hook-ups to the City's water system, the General Assembly is requested to lift the "sunset" provision from the legislation enabling Virginia Beach to be one of the jurisdictions performing the investigations mentioned above. The General Assembly is requested to make the entity that owns or controls the pipe responsible for any clean up, fines and penalties of sewer overflows. That would mean if a Virginia Beach sewer main overflows, the City would be responsible. The General Assembly is requested to ADD a new Section "D" to Section 15.1486.4 of the Code that would state: "Notwithstanding the provision of Subsection A of this section, counties, cities, and towns having a 1990 census population of no less than 150,000, but no more than 200,000, and counties, cities and towns having a 1990 census population of more than 390,000 and adopting and enforcing zoning ordinances under the provisions of this article may provide that, in all agricultural, horticultural or forest uses such as, but not limited to, those described in Section 58.1-3230 are the dominant use, the placement of manufactured houses in such zoning districts may be limited to manufactured houses that are nineteen or more feet in width, on a permanent foundation, and on individual lots, subject to development standards that are equivalent to those applicable to conventional, site-built single family dwellings within the same or equivalent zoning district." This would pertain to the two cities of Virginia Beach and Chesapeake. November 14, 1995 -4- CITY MANAGER'S BRIEFING LEGISLATIVE PACKAGE ITEM # 39996 (Continued} Relative the Public Safety Package, the General Assembly is requested to amend the City Code to require that the Commonwealth certify officers from other states before they are offered employment. The General Assembly is requested to amend the Code, Sections 18.2-336, 18.2-337, to establish a regulation of carnival games section that would include definitions of games of chance, spell out the management of such games and their odds of winning, and other information that should be available to the public. For example, the General Assembly has required that the odds of winning the Lottery are conspicuously advertised; however, information about winning at carnival games is non-existent. Section 18.2-130 of the Code of Virginia requires that, to be in violation of the Code and to prosecute, a person must secretly or furtively peek or spy into a changing enclosure or bathroom, etc. The General Assembly is requested to amend the Code of Virginia and to delete the words "secretively or furtively" from Section 18.2-130 of the Code. The General Assembly is requested to amend the Code of Virginia to allow the City to be granted the power of condemnation authority for economic development purposes. This wouM be a limited power that wouM prohibit the use of the "quick take" authority; be within an area adopted through ordinance and is larger than five contiguous acres; that the proposed economic development project has been incorporated as part of the City's Comprehensive Plan; and the power shall only be used when the City cannot agree on the compensation to be paid, cannot agree on other terms or conditions, or conditions of purchase or settlemeng or because of the incapacity of such owner(s) or because owner(s) are unknown or because such owner(s) are unable to convey any valid property. Any lands, buildings, or structures or personal property acquired by the City pursuant to the provisions of this Section cannot be used for the sole benefit of one person or private entity. Mr. Matthias advised when Delegate Tata sponsored the change to the Charter last year re the method of City Council's election, the City brought to his attention the School Board election should be the same as the City Council. Delegate Tata will introduce this as a Charter Change the first of the Session and have it go into effect. Hopefully, the Governor will sign it prior to the deadline for filing and same would affect the School Board Election in May. Mr. Matthias believes City Council should adopt a Charter Change Amendment request. Concern was expressed relative the Condemnation Authority for the Purpose of Economic Development, as this seemed to broad a power. There is a big difference between condemning property for public use and public purpose. The City Attorney advised the proposed changes do not limit it to an individual wishing to sell their land, but having no way to sell to the City, because of a cloud on the title. It is broader. The City Attorney will distribute a copy of the proposed language. City Council will make recommendations to make the language more narrowly definevL City Council also requested an update regarding the status of Burton Station and the amount of funds expended thus far. Councilman Branch requested the Post Labor Day School Opening, traditionally as part of the Legislative Package, be included for the same reasons as previously. Clarification was requested regarding City Manager's correspondence of November Third regarding the School Division Deficit recommending the City Council seek legislative remedy to provide City Council with the legal ability to monitor expenditures. Councilman Branch also requested information regarding actions of the City's Legislators. The City Manager will confer with the City's Legislators regarding School and City Consolidation. Relative the manufactured housing issue, Assistant City Attorney Vanessa Valldejuli advised the court decision was based on one cannot distinguish between sizes of manufactured housing for aesthetic reasons alone. There must be a more substantial interest, i.e. a state or public interest (general welfare issue). Mrs. Valldejuli will provide research regarding this item. November 14, 1995 -5- CITY MANAGER'S BRIEFING LEGISLATIVE PACKAGE ITEM # 39996 (Continued) Assistant City Attorney Valldejuli advised the failed bulkheads issue only pertains to those bulkheads in the Sandbridge Beach area. This would amend the Code to require each improved parcel of waterfront property and each other improved parcel of property likely to be subject to severe waves or storm surges to provide the City with effective evidence of financial responsibility to remove such structure should it become a public hazard or nuisance or some effective means of imposing the cost of such removal and appropriate parties, i.e, the owners. More definitive information will be provided re the High Constable. BY CONSENSUS, City Council AUTHORIZED advertising for PUBLIC HEARINGS for Amending the City Charter re High Constable and Election of School Board for the City Council Session of December 5, 1995. The ADOPTION of the Legislative Package shall also be SCHEDULED for this Session. After the ADOPTION of the Legislative Package, a meeting with the State Legislators shall be scheduled. November 14, 1995 -6- CITY MAN,4GER'S BRIEFING SOUTHEASTERN PARKW,4 Y AND GREENBELT 12:25 P.M. ITEM # 39997 The Virginia Department of Transportation, on behalf of the Commonwealth Transportation Board, has requested City Council reexamine the Southeastern Expressway, and if appropriate, re-affirm support for the project and a preferred alignment. Mr. Robert J. Scott, Director of Planning, advised the proposed Resolution reaffirms the support of the Southeastern Parkway and Greenbelt along an alignment south of Stumpy Lake in a way that minimizes impact to the environment and to the nearby neighborhoods and is aesthetically pleasing including natural buffers and accommodation of other modes of transportation. Mr. Scott referenced his memorandum of November Ninth relative the Southeastern Parkway Funding Strategy. Said Memorandum is hereby made a part of the record. The City Council has suggested the Southeastern Expressway not be constructed as a toll facility. The City must concentrate ~m one alignment to minimize the opportunity for possible future conflict with the roadway. A typical cross section is always contemplated at 300 to 350-foot wide right-of-way, varying from point to point depending upon the circumstances. The proposed alignment has always embodied the idea of a four-lane divided roadway with two HOW Lanes and the possibility of future expansion for light rail with broad medians and ample buffering along the sides to achieve that parkway affect. In May of this year, the Hampton Roads MPO adopted the 2015 Regional Transportation Plan. As required by ISTEA, the Plan included a complete accounting of the transportation projects to be funded, their costs and the anticipated source of funds for each project. In Virginia Beach, the Plan identified $677,532,000 available for transportation projects through year 2015; $160,142,000 of which is currently committed in the FY 95 Transportation Improvement Program and $517,390,000 in uncommitted funds. Using the information available, the City's Transportation Committee, prepared a list of City transportation projects that could be implemented over the next twenty years. Some 35 roadway projects, including the Southeastern Parkway, could be constructed at an estimated $156,550,000. In this scenario, $152,842,000 is appropriated for the Southeastern Parkway of which approximately $3-MILLION is the City's share. Besides urban funds, there will be an estimated $306-MILLION in National Highway System funds that will be available to transportation projects in Hampton Roads. These funds will be distributed among high priority NHS projects. The Southeastern Parkway is identified as a component of the National Highway System and a priority project in Hampton Roads. In fac6 the 2015 Regional Plan calls for approximately $160-MILLION in NHS funding, in Virginia Beach and Chesapeake, for the Southeastern Parkway. VDOT is not under any obligation to commit NHS funds according to the Regional Plan; however, it is expected to target some portion of the region's NHS allocation to the project. The revised cost estimate for the Virginia Beach portion of a modified Southern Parkway alternative is approximately $203-MILLION, $154-MILIJON for construction and $49-MILLION for right-of-way. The VDOT staff estimates an additional $1.5-MILLION is needed to complete the final environmental document. These funds, according to the staff at VDOT, should be covered through the existing source of funds at VDOT's expense. The project estimate is based on the following design criteria: ,4 four-lane divided roadway with grade separated interchanges and a grass median 57' in width to accommodate future HOV lanes. A right-of-way width of approximately 300' to accommodate a bikeway, a future transit mode, and other elements of a parkway typical section. The right-of-way estimate includes a provision for utility relocation. The cost estimate does not account for elements such as transit, HOP'lanes, park and ride facilities or wetland mitigation. November 14, 1995 -7- AGENDA REVIEW 1:00 P.M. SESION ITEM # 39998 Councilman Dean and Council Lady Parker referenced: J. 2 Ordinance to authorize acquisition of property in fee simple for construction of sewer and water projects, including temporary and permanent easements, by agreement or condemnation, in the following neighborhoods: v. Sandbridge Sanitary Sewer (CIP 6-931) (PRINCESS ANNE BOROUGH). Councilman Dean advised of other concerns. This item will be DISCUSSED during the Formal Session. ITEM # 39999 BY CONSENSUS of City Counci~ the following items shall compose the CONSENT AGENDA: RESOLUTION~ORDINANCES J. 3. Ordinance to APPROPRIATE $546,529 from Aetna Fire and Casualty Company to the School's Self Insurance Trust Fund re payment of operational expenses associated with the Princess Anne High School fire; and, estimated revenues from insurance be increased accordingly. J. 4. Ordinance to APPROPRIATE $991,510 from the General Fund Balance and $86,125 from the Water and Sewer Fund Retained Earnings for the Gainsharing Program for the City's eligible full-time and part-time permanent employees. J. 5 Ordinances to authorize temporary encroachments: ao Into a portion of the City's right-of-way of a 20' Alley adjacent to the North lot line of 2500 Atlantic Avenue to CHARLES R. HULL re construction and maintenance of a metal fire escape (VIRGINIA BEACH BOROUGH). Into a portion of the City's drainage and impoundment easement at 1865 Haviland Drive to MICHAEL DEBAR and BETSY DEBAR re construction and maintenance of a bulldlead and dock (PRINCESS ANNE BOROUGH). Into a portion of the City's impoundment easement adjacent to 1212 Aztec Court to CARLTON E. TAYLOR and BARBARA E. TAYLOR re construction and maintenance of a timber bulkhead and associated backfill (PRINCESS ANNE BOROUGH). J. 6 Ordinance to authorize License Refund in the amount of $$3,$99.20. November 14, 1995 -8- AGENDA RE VIEW SESION ITEM # 40000 BY CONSENSUS of City Counci~ the following items shall compose the PLANNING BY CONSENT AGENDA: Application of WITCHDUCK BINGO, INC., for a Conditional Use Permit for a bingo hall (additic~t~) on a portion of Parcel G, Section 2, Aragona Village (660 N. Witchduck Road), containing 2.54 acres (BAYSIDE BOROUGH). 1,2.7 Application of AZALEA GARDEN CHURCH for a Conditional Use Permit for a church on the West side of Centerville Turnpike, 400 feet more or less south of Jake Sears Road (1541 Centerville Turnpike), containing 8.92 acres (KEMPSVILLE BOROUGH). ITEM # 40001 The City Manager referenced: UNFINISHED BUSINESS M. 1 OPERATION PHOENIX, Princess Anne High School (Sponsored by Councilman Louis Jones). The representatives will be in attendance during a SPECIAL SESSION of November 21, 1995. The School Board will be reviewing this item earlier in the day at their meeting. ITEM # 40001 Mayor Oberndorf referenced the request of the Virginia Beach Education Association to be ADDED-ON to the City Council Session. Mayor Oberndorf PROCLAIMED the week of November 13 through 17 as AMERICAN EDUCATION WEEK FBEA wishes to invite the Mayor and City Council to join I/BEA and school employees in the celebration. A "Blue Ribbon" pin was presented each Member of City Council as a symbol of this year's theme: "Good Schools are a Great Investment". November 14, 1995 -9- ITEM # 40002 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 14, 1995, at 1:05 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None November 14, 1995 - 10 - ITEM # 40003 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section Z1-344 (4) (1). To Wit: Appointments - Boards and Commissions: Historical Review Board Southeastern Virginia .4reawide Model Program Transportation Safety Commission LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(4)(7). School Division Deficit PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(4)(3). Disposition of Public Property Upon motion by Vice Mayor Sessoms, seconded by Councilman Bautn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting 4ye: John 4. Baum, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Nolte Council Members 4bsent: None November 14, 1995 - 11 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL November 14, 1995 2:15 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 14, 1995, at 2:15 P.M. Council Members Present: John A. Baton, Linwood O. Branch, III, Robert tC Dean, William W.. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Reverend Chuck Harrison First Colonial Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNFED STATES OF AMERICA l/ice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. November 14, 1995 - 12 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 4OOO4 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Eocecutive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William F~. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr, amd Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 Beso u on CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM ti 40003 Page No. 10 and in accordance with thc provisions of Thc Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. h Hodges Smith, CMC/AAE City Clerk November 14, 1995 - 13 - Item IV- F. 1. MINUTES ITEM # 40005 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROI~ED the Minutes of the INFORMAL AND FORMAL SESSION of November 7, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Nancy IC Parker Council Members Absent: None Council Lady Parker ABSTAINED as she was not in attendance during the City Council Session of November 7, 1995. November 14, 1995 - 14 - Item IV-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 40006 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 14, 1995 - 15 - Item IV-G.2 RECOGNITION ADD-ON ITEM # 40007 Mayor Oberndorf PROCLAIMED: November 13 - 17, 1995 AMERICAN EDUCATION WEEK Vickie Hendley, President, Virginia Beach Education Association ACCEPTED the Proclamation and extended an invitation to the Mayor and City Council to join VBEA and school employees in the celebration of American Education Week (November 13 thru November 17) and presented each with a "Blue Ribbon" as a reminder of this year's theme: "Good Schools Are a Great Investment". November 14, 1995 - 16 - Item 1V-I. 1. ITEM # 40008 Mayor Oberndorf DECLARED A PUBLIC HEARING: MODIFICATION OF BOUNDARIES: RESIDENCE DISTRICTS FOR ELECTION OF COUNCIL MEMBERS Al Strazzullo, 3120 Sand Pine Road, Phone: 481-0024, President - Citizens Action Coalition, spoke in support of the Council of Civic Organization's Plan and in OPPOSITION to the City Treasurer's Plan. Wally Erb, 150 Cayuga Road, Phone: 497-7451. Mr. Erb formulated two questions: Should City Council petition the 1997 General Assembly Session to revise the City Charter for the direct election of resident district City Council members by the registered voters of the represented resident district? AND Should City Council not petition the 1997 General Assembly Session to revise the City Charter for the direct election of resident district City Council members by the registered voters of the represented resident district? Maxine Graham, Phone: 721-3000, spoke in OPPOSITION to modification of boundaries. Councilman Robert Dean presented PLAN C. This plan requires 6 changes in voting precincts encompassing a cost of $36,600 for these changes. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 14, 1995 -17- Item IV-J. CONSENT AGENDA ITEM # 4OOO9 RES OL UTIONS /ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Ixtdy Strayhorn, City Council APPROVED in one motion Resolutions, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley, Mayor Meyera E. Oberndo~ Nancy K Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: No~e November 14, 1995 - 18 - Item IV-J.l. P~S OL UTIONS /ORDINANCES ITEM # 4OO10 Mary M. Heinrichg 5016 Mosby Road, Phone: 460-0750, represented SAVE, and expressed concerns relative the process. Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS AMENDED: Resolution reaffirming the City Council's support for the Southeastern Parkway and Greenbelt; requesting the Commonwealth Transportation Board select a preferred alternative; and, authorizing final environmental studies. The following verbiage shall be added, after the following paragraph "That City Council requests the Virginia Department of Transportation forward this project to the Commonwealth Transportation Board for selection of a preferred alternative and authorization to proceed with final environmental studies;" BE IT FURTHER RESOLVED: "That upon approval by the Virginia Department of Transportation, the City looks forward to an active role in the design and execution of this Parkway with our own design consultants;" Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold Heischober, Louis 1~ Jones, Barbara M. Henley, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean Council Members Absent: None November 14, 1995 ,4 RESOLUTION REAFFI~ING THE CITY COUNCIL'S SUPPORT FOR THE SOUTHEASTERN PARKWAY AND GREENBELT AND REQUESTING THAT THE COMMONWEALTH TRANSPORTATION BOARD SELECT ,4 PREFERRED ALTERNATIVE AND AUTHORIZE FINAL ENVIRONMENTAL STUDIES 14rHEa, the Council of the City of Virginia Beach has expressed its continued support for the limited access Southeastern Parkway and Greenbelt; WHEREAS, on March 26, 1991, the City Council endorsed the basic design concept for the expressway and by resolution adopted the BE-lO alignment as its preferred alternative; Hq~IE~, the City Council has acquired properties to both preserve and protect the BE-lO alignment alternative; ~fI-IE~, the City Council has requested the Commonwealth Transportation Board proceed with the Southeastern Parkway and Greenbelt proposal as quickly as possible to relieve Virginia Beach citizens potentially impacted by alternative alignments under consideration in the environmental impact study; HrtIE~, the City Council has requested by resolution that the Virginia Department of Transportation seek the Council's concurrence on any plan for funding construction of a limited access Southeastern Parkway and Greenbelt; HqtE~, the City Council has suggested by resolution that the Southeastern Expressway not be constructed as a toll facility; Hq-IE~, the City Council plans to reevaluate its Comprehensive Plan to closely examine land use and other policies in the Southeastern Parkway and Greenbelt corridor for the purpose, among other things, of minimizing negative impacts to the natural environment; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach reaffirms its support for the Southeastern Parkway and Greenbelt along an alignment south of Stumpy Lake in a way that minimizes impact to the environment and to the nearby neighborhoods and that is aesthetically pleasing, including natural buffers and accommodation of other modes of transportation; BE IT FURTHER RESOLVED: That City Council requests the Virginia Department of Transportation forward this project to the Commonwealth Transportation Board for selection of a preferred alternative and authorization to proceed with final environmental studies; BE IT FURTHER RESOLVED: That upon approval by the Virginia Department of Transportation, the City looks forward to an active role in the design and execution of this Parkway with our own design consultants; BE IT FURTHER RESOLVED: That the City Clerk forward a certified copy of this resolution to the Secretary of Transportation ADOPTED by the Council of the City of Virginia Beach, Virginia, this Fourteenth day of November 1995. - 19 - Item Ig-J. 2. RES OL UTIONS /ORDINANCE S ITEM # 4O011 Maxine C. Graham, 3057 South Sandpiper Road, Phone: 721-3000 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for construction of sewer and water projects, including temporary and permanent easements, by agreement or condemnation, in the following neighborhoods: Alanton Sanitary Sewer (CIP 6-972) (LYNNHAFEN BOROUGH). Ashmore Drtve Samtary Sewer (CIP 6-994) (PRINCESS ANNE BOROUGH). Colony Drtve Santtary Sewer (CIP 6-002) (PRINCESS ANNE BOROUGH). Colony Drtve Water (CIP 5-098) (PRINCESS ANNE BOROUGH) Eagles Nest Point Samtary Sewer (CIP 6-049) (LYNNtL4VEN BOROUGH) Eagles Nest Point Water (CIP 5-112) (LYNNI-L4VEN BOROUGH). Homestead Sanitary Sewer (CIP 6-947) (KEMPSVILLE BOROUGH). International Parkway Sewer Force Mare (CIP 6-045) (PRINCESS ANNE BOROUGH) Lagomar Water (CIP 5-109) (PRINCESS ANNE BOROUGH) Lake Shores Water (CIP 5-110) (IMYSIDE BOROUGH) Leroy Drtve Santtary Sewer (CIP 6-013) (PRINCESS ANNE BOROUGH). Ltttle Haven Samtary Sewer (CIP 6-048) (LYNNItAVEN BOROUGH). Ltttle Haven Water (CIP 5-052) (LYNNI-L4VEN BOROUGH) Ltttle Neck Point Water (CIP 5-107) (LYNNtL4VEN BOROUGH) Old Princess Anne Water (CIP 5-103) (KEMPSVILLE BOROUGH). Potters Road Water (CIP 5-113) (LYNNI-L4VEN BOROUGH). Potters Road Samtary Sewer (CIP 6-014) (LYNNt~VEN BOROUGH) Reon Drive Water (CIP 5-050) (KEMPSVILLE BOROUGH). Salem Road #2549 Samtary Sewer (CIP 6-050) (PRINCESS ANNE BOROUGH). Salem Road 'A~ Water (CIP 5-106) (PRINCESS ANNE BOROUGH). Salem Road 'D" Samtary Sewer (CIP 6-009) (KEMPSVILLE BOROUGH) Sandbrutge Sanitary Sewer (CIP 6-931) (PRINCESS ANNE BOROUGH) Sandbrutge Road Phase 2 Water Mare (CIP 5-002) (PRINCESS ANNE BOROUGH) Sherry Park Water (CIP 5-081) (KEMPSVILLE BOROUGH). South Kentucky Avenue Water (CIP 5-099) (KEMPSVILLE BOROUGH) South Kentucky Avenue Samtary Sewer (CIP 6-998) (KEMPSVILLE BOROUGH) Stumpy Lake Lane Water (CIP 5-105) (KEMPSVILLE BOROUGH) Stumpy Lake Lane Samtary Sewer (CIP 6-052) (KEMPSVILLE BOROUGH). Stumpy Lake Water (CIP 5-108) (KEMPSVILLE BOROUGH). West Neck Creek Golf Course Samtary Sewer (CIP 6-059) (PRINCESS ANNE BOROUGH) Whitehurst Landing Road 'A~ Samtary Sewer (CIP 6-997) (KEMPSVILLE BOROUGH) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Dean advised his verbal opposition to: West Neck Creek Golf Course Sanitary Sewer (CIP 6-059). Council Lady Parker advised her verbal opposition to: Sandbridge Sanitary Sewer (CIP 6-931) November 14, 1995 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE AND THE ACQUISITION 3 OF TEMPORARY AND PERMANENT EASEMENTS EITHER BY 4 AGREEMENT OR CONDEMNATION FOR THE SEWER AND WATER PROJECTS - 5 6 7 8 Alanton 6-972 9 Ashmore Drive 6-994 10 Colony Drive 6-002 11 Colony Drive 51% 5-098 12 Eagles Nest Pt. 6-049 13 Eagles Nest Pt. 51% 5-112 14 Homestead 6-94'7 15 International Pkwy. 6-045 16 Lagomar 51% 5-109 17 Lake Shores 51% 5-110 18 Leroy Drive 6-013 19 Little Haven 6-048 20 Little Haven 51% 5-052 21 Little Neck Pt. 51% 5-107 22 Old Princess Anne Rd. 51% 5-103 23 Potters Rd. 51% 5-113 24 Potters Rd. 6-014 25 Reon Drive 51% 5-050 26 Salem Rd. #2549 6-050 27 Salem Rd. "A" 51% 5-106 28 Salem Rd. "D" 6-009 29 Sandbridge 6-931 30 Sandbridge Rd. Ph. 2 5-002 31 Sherry Pk. 51% 5-081 32 South Kentucky Avenue 5-099 33 South Kentucky Avenue 6-998 34 Stumpy Lake Lane 51% 5-105 35 Stumpy Lake Lane 6-052 36 Stumpy Lake 51% 5-108 37 West Neck Creek Golf Course 6-059 38 Whitehurst Landing Rd. "A" 6-99'7 39 40 41 42 43 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 44 BEACH: 45 46 47 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the 48 expansion of these important projects and for public purposes for 49 the preservation of the safety, health, peace, good order, comfort, 50 51 convenience, and for the welfare of the people in the City of Virginia Beach: 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 53 OF VIRGINIA BEACH, VIRGINIA: 54 Section 1. That the City Council authorizes the 55 acquisition by purchase or condemnation pursuant to Sections 15.1- 56 236, et seq., 15.1-897, et seq., Title 25-46.1 et seq., and 33.1- 57 89, et seq., Code of Virginia of 1950, as amended, all that certain 58 59 real property in fee simple, including temporary and permanent easements as shown on the project area maps entitled: 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Alanton Ashmore Drive Colony Drive Colony Drive 51% Eagles Nest Pt. Eagles Nest Pt. 51% Homestead International Pkwy. Lagomar 51% Lake Shores 51% Leroy Drive Little Haven Little Haven 51% Little Neck Pt. 51% Old Princess Anne Rd. 51% Potters Rd. 51% Potters Rd. Reon Drive 51% Salem Rd. #2549 Salem Rd. "A" 51% Salem Rd. "D" Sandbridge Sandbridge Rd. Ph. 2 Sherry Pk. 51% South Kentucky Avenue South Kentucky Avenue Stumpy Lake Lane 51% Stumpy Lake Lane Stumpy Lake 51% West Neck Creek Golf Course Whitehurst Landing Rd. "A" 6-972 6-994 6-002 5-098 6-049 5-112 6-947 6-045 5-109 5-110 6-013 6-048 5-052 5-107 5-103 5-113 6-014 5-050 6-050 5-106 6-009 6-931 5-002 5-081 5-099 6-998 5-105 6-052 5-108 6-059 6-997 These project area maps being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of November , 1995. APPROVED AS TO CONTENT:,~ / . Step~n G. McLaughl~' Project Manager Department of Public Utilities APPROVED AS TO mrg (11/2/95) ,* · 5CH FIRST :::... ..... SEASHORE STATE PARK 6-972 Alanton 6-994 Ashmore Drive I I I 6-002 Colony Drive 5-098 Colony Drive 51% ~· %~1% · ...... J j ~1 *Il * ::*' ':::::: '"'**: :'::::*:' :::*: :'::':'::2' ': ::*:"2'*':' :* ============================================ ::.:, ~/-i:!:-. 'ii :.* ......... .:- 6-049 Eagles Nest Point Lynn/z~en B~ 5-112 l~agles Nest Point 51% 6-947 Homestead 1 NAS 6-045 International Parkway · ' (15# :: :': ..... : .... ::..... 5-110 Lake Shores 51% 5-052 Little Haven 51% ... .. 'o.. 5-107 Little Neck Point 51% U 0o 5-103 Old Princess Anne Road 51% Air Station 0 0 o a ca 5-113 Potters Road 51% o013000D~0 0~' · .cCD L 6-014 Potters Road Oo 5-050 Reon Drive 51% 6-050 Salem Road #2549 o· · · , Landsto, vn ES/ MldOle :':,:.. . ' . .' ~::':'"': :.-:':::'".:'i.:.~i':: ;:':." · .:: ... '.: : :,. :.' · .'2.:.':' :2'.' 5-106 Salem Road "A" 51% 6-009 Salem Road "D" IVorlh Boy 6-931 Sandbridge · 5-002 Sandbridge Road Phase 2 · o oo 5-081 Sherry Park 51°A ~~ 00~~ 0 $-099 South Kentucky Avenue 0 0 0 0 · · o.::::: i!!!~!i:::.:...:..::"::::. ::::::::::::::::::::::::: :i O'::':i': :i!iii: ::::::i 6-998 South Kentucky Avenue I 5-105 Stumpy Lake Lane 51% d 6-052 Stumpy Lake Lane 5-108 Stumpy Lake 51% 6-059 West Neck Creek Golf Course · oo 6-997 Whitehurst Landing Road "A" - 20 - Item IV-J.$. CONSENT AGENDA ITEM # 40012 RESOL UTIONS/ORDINANCES **Upon motion by Vice Mayor Sessoms, seconded by Council lardy Strayhorn, City Council ADOPTED: Ordinance to APPROPRIATE $546,529 from Aetna Fire and Casualty Company to the School's Self Insurance Trust Fund re payment of operational expenses associated with the Princess Anne High School .fire; and, estimated revenues from insurance be increased accordingly. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Louis 1~ Jones, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: No~e November 14, 1995 AN ORDINANCE TO APPROPRIATE $ 546,529 FROM AETNA FIRE AND CASUALTY COMPANY TO THE SCHOOLS SELF INSURANCE FUND FOR EXPENSES RELATED TO PRINCESS ANNE HIGH SCHOOL FIRE WHYS, the School Division has incurred significant costs related to replacement of furniture and materials, relocation of quarters, and other expenses caused by the Princess Anne High School fire of September 1, 1995; WHEREAS, the Aetna Fire and Casualty Company is the insurance carrier holding the Princess Anne High School policy for the Virginia Beach City Public Schools; and 10 11 12 WHEREAS, the Aetna Fire and Casualty Company has made available a payment of five hundred forty-six thousand five hundred twenty-nine dollars ($546,529) for the operational expenses associated with the fire. 13 14 15 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $546,529 from Aetna Fire and Casualty Company be appropriated to the School Self Insurance Trust Fund for payment of operational expenses associated with the Princess Anne High School fire, and that estimated revenues from insurance be increased by $546,529. 18 This ordinance shall be effective on the date of its adoption. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the~ November ,1995. 14 day of 21 22 23 ent: E.D. Block APPROVED AS TO LEGAL SUFFICIENCY Bjmkl ~ob96yr~ord sob VIRGINIA BEACH CITY PUBLIC SCHOOLS 2512 GEORGE MASON DRIVE VIRGINIA BEACH, VIRGINIA 23456 TO: Principals and Budget Managers FROM: James L. Pughsley, Interim Superintendent Donald A. Peccia, Associate Superintendent, Administrative Services Mordecai L. Smith, Chief Financial Officer SUBJECT: Expenditures Related to the Fire DATE: September 6, 1995 To provide an accurate and fully documented means of accounting expenditures related to the recent fire at Princess Anne Senior High School, separate account numbers will be established (to isolate all expenditures) and distributed to all budget managers (~nclusive of pnncipals). For information purposes, all expenditures associated with the fire will be charged to the Self Insurance Fund (4-921) In reference to submitting purchase requisitions for fire related needs, please adhere to the following guidelines: le Ensure that the requisitioned expenditures directly relate to the Princess Anne fire. ge Provide explicit documentation as backup and justification for audit purposes. Se Wrote (in bold print) "Princess Anne fire" across the bottom of all purchase requisitions. e Submit all purchase requisitions d~rectly to Pat Moore in Financial Services (427-4382). Attached are specific account codes (line-items) to be used for reqmslt~on purposes These accounts will only accommodate expenditure charges which related to the Princess Anne Senior High School fire. Purchase requisitions without adequate documentation will be returned. For salary-related expenditures such as overtime or supplemental pay (for School Board employees), reflect the additional hours, time and justification on the personnel Principals and Budget Managers Expenditures Related to the Fire September 6, 1995 Page 2 bubble sheets with documentation attached To ensure that the Payroll Office can ~dentify and distinguish that the additional pay is related to the fire, wrote "Princess Anne fire" across the bottom of the bubble sheet To ensure that expenditure requests are processed in an expeditious fashion, please feel free to call either Mordecm L. Smith or Pat Moore at 427-4993 or 427-4382 Attachment MLS/wew CC: Pat Moore Coleen Smith Mary Hanrahan Virginia Beach C~ty Public Schools Office of Governmental Relations and Quality Control September 15, 1995 DICTATED, BUT NOT READ MEMORANDUM TO: FROM: James L. Pughsley Interim Superintendent Karen H. Bischoff, Esquire Director, Governmental Relations and Quality Control SUBJECT: Resolution to Appropriate Funds Received from Insurance Provider for Princess Anne Fire Pursuant to your request, I contacted Brad Stillman regarding the language of the above referenced Resolution ~n I~ght of the notation for the use of funds on the face of the $500,000 check received from Aetna. Mr. Stillman spoke with Brad Moses who indicated that the check was not solely for use as rent. Mr. Moses d~d indicate, however, that the $500,000 was not for cleanup, restoration or environmental issues. According to Mr. Moses, these categories of expenses are funded separately by Aetna through a d~fferent account Thus, the $500,000 should not be used for those purposes. Separate requests for reimbursement of those expenses should be made. As a result of the above, the Resolution needed to be revised to remove any reference to the use of the $500,000 for those purposes. As I d~scussed w~th you, the fourth paragraph of the Resolution was revised. The Resolution, however, continues to be broad enough ~n scope to cover the use of any mon~es received from Aetna so that additional Resolutions do not have to be approved upon the receipt of additional funds. Th~s one Resolution should suffice, a copy of the revised Resolution ~s attached for your ~nformat~on Notwithstanding the fact that the check was not just for rental payments, Mr St~llman further recommended that at least several months worth of rental payments be set aside and used solely to pay the rent as ~t becomes due. Mr St~llman ~nd~cated tt~at he would prepare the letter you requested I have ~nstructed D~anne Page to deliver the letter to you ~mmed~ately upon receipt Thank you KHB/dmp Attachment PRINCESS ANNE SENIOR HIGH SCHOOL FIRE Line-item Accounts 4-921-50071-03109-0232 Th~s hne-item account should be used for englneenng/architectural expenditures 4-921-50071-03407-0232 This line-item account should be used for contractual expenditures. 4-921-50071-06001-0232 This line-item account should be used for office supplies only. 4-921-50071-06011-0232 Th~s line-item account should be used for Instructional supphes only 4-921-50071-08102-0232 Th~s hne-item account should be used to replace furmture or eqmpment 4-921-50071-08107-0232 This line-item account should be used to replace computers. 4-921-50071-09110-0232 Th~s hne-~tem account should be used for building-related costs RESOLUTION TO APPROPRIATE FUNDS RECEIVED FROM INSURANCE PROVIDER FOR PRINCESS ANNE FIRE Whereas, Whereas, Whereas, Whereas, Resolved. Fire severely damaged Princess Anne High School in Virginia Beach on the morning of Friday, September 1, 1995; Aetna Fire and Casualty Company is the insurance carrier for Virginia Beach City Public Schools holding Princess Anne High School's po/icy; Aetna Fire and Casualty Company has made available to Virginia Beach City Public Schools a check in the amount of five hundred thousand dollars ($500,000) as start-up payment of the insurance claim at Princess Anne High School; and it is urgent that funds be expended for emergency goods and services relative to damages sustained at Princess Anne High School as a result of fire including but not limited to replacement of furniture and materials, relocation of classrooms in temporary quarters and other expenses made necessary by fire damage to the school fac/fity; Now, therefore, be it _. That the School Board of the City of Virginia Beach seeks authorization by the City Council of the City of Virginia Beach to expend up to the face amount of all reimbursement proceeds from Aetna Fire and Casualty Company; and be it further Resolved, That the School Board of the City of Virginia Beach requests that this matter be placed on the Agenda of the City Council of the City of Virginia Beach on September 26, 1985. //Chairman of the School Board Deputy Clerk of the School Board Adopted this 19 day of Septernbe, r1995, by the School Board of the City of Virginia Beach September 19, 1995 RESOLUTION TO APPROP~ATE FUNDS ~CEIVED FROM INSURANCE I'RO VIDER FOR PRINCESS ANNE FIRE Whereas, Fire severely damaged Princess Anne High School in Beach on the morning of Friday, September 1, 1995; Virginia Whereas, Aetna Fire and Casualty Company is the insurance carrier for Virginia Beach City Public Schools ho/ding Princess Anne High School's policy; Whereas, Aetna Fire and Casualty Company has made available to Virginia Beach City Public Schools a check in the amount of five hundred thousand dollars ($500,000) as start-up payment of the insurance c/aim at Princess Anne High School; and Whereas, It is urgent that funds be expended for emergency goods and services relative to damages sustained at Princess Anne High School as a result of fire including but not limited to replacement of furniture and materials, relocation of classrooms in temporary quarters and other expenses made necessary by fire damage to the school facility; Now, therefore, be it Resolved, That the School Board of the City of Virginia Beach seeks authorization by the City Council of the City of Virginia Beach to expend up to the face amount of all reimbursement proceeds from Aetna Fire and Casualty Company; and be it further Resolved, That the School Board of the City of Virginia Beach requests that this matter be p/aced on the Agenda of the City Council of the City of Virginia Beach on September 26, 1895. Chairman of the School Board Clerk of the School Board Adopted thts _~ day of , 1995, by the School Board of the Ctty of Virginia Beach September 19, 19~5 - 21 - Item/V'-J. 4. RESOLUTIONS~ORDINANCES ITEM # 4OO13 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council AI~PTED: Ordinance to APPROPRIATE $991,510 from the General Fund Balance and $8t~125 from the Water and Sewer Fund Retained Earnings for the Gainsharing Program for the City's eligible full-time and part-time permanent employees. Voting: 11-0 (By ConsenO Council Members l/~oting Aye: John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Louis P~ Jones, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members l/'oting Nay: None Council Members Absent: Nolte November 14, 1995 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $991,510 FROM THE GENERAL FUND BALANCE AND $86,125 FROM THE WATER AND SEWER FUND RETAINED EARNINGS FOR THE GAINSHARING PROGRAM WHEREAS, it is desire of the City Council to continue the Gainsharing Program for the employees of Virginia Beach which will allow employees to share in savings realized through organizational improvements; 10 WHEREAS, there are funds available in the General Fund Balance to continue the Gainsharing Program while mainta~mng the policy level of funding ~n the Debt Service Reserve Fund. 11 WHEREAS, there are funds avmlable ~n Water & Sewer Fund retained earmngs 12 13 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That funds in the amount of $991,510 and $86,125 be appropnated from the General Fund Balance and the Water and Sewer Fund Retained Earnings respechvely, for the Gainshanng Program 16 17 18 19 20 NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That check~; for Gainsharing savings be issued to all eligible full-time and part-time permanent employees on November 30, 1995, in accordance w~th the City's Ga~nshafing Policy This ordinance shall be ~n effect from the date of its adopbon 21 22 Adopted by the Council of the C~ty of Virginia Beach, V~rginia on the November , 1995. 14 dayof APPROVED AS TO [ LEGAL SUFFICIENCY E. D~Block · - 22 - Item IV-J.5. RESOLUTIONS~ORDINANCES ITEM # 4O014 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way of a 20' Alley adjacent to the North lot line of 2500 Atlantic Avenue to CHARLES R. HULL re construction and maintenance of a metal fire escape (VIRGINIA BEACH BOROUGH). The following conditions shall be required: 2. 3. 5. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. The owner agrees to keep and bom the City free and harmless of any liability as a result of the encroachment. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. The owner must obtain building and right-of-way permits from the Planning Department/Permits and Inspections. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. The owner agrees to carry General Liability Insurance in an amount not less than $500,000 and have the City named additional insured. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley, Mayor Meyera E. Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF A 20' ALLEY TO CHARLES R. HULL, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Charles R. Hull, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of a 20' Alley adjacent to the North lot line of 2500 Atlantic Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a metal fire escape and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as 20' Alley, on the certain plat entitled: " PHYSICAL SURVEY LOTS 1 & 2 BLOCK 63 PLAT NO. 3 VA. BEACH DEVELOPMENT CO. M.B. 3 P. 177 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA. SCALE 1" = 30' 13 JANUARY 1988 MADE FOR CHARLES R. HULL," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Charles R. Hull, his heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of a 20' Alley and that Charles R. Hull , his heirs, assigns and 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Charles R. Hull, his heirs, assigns and successors in title 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 such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that the party of the second part must obtain building and right of way permits from the Planning Department/Permits and Inspections. AND, PROVIDED FURTHER, that the party of the second part must submit and have approved, a traffic control plan before commencing work within the City's right of way. AND, PROVIDED FURTHER, that the party of the second part agrees to carry General Liabliity Insurance in an amount not less than $500,000.00 and have the City named additional insured. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Charles R. Hull executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of Nvoember , 19 95 ~ij.~:~..PROVED AS TO CONTENT '.,,'~ ~/.,,,. ' $1ON~ATU ~E , DEPARTMENT - m:~ 'J ' ' ......... · . _J __Il I___ I I I I ~11 THIS AGREEMENT, made this ~'~ day of . , 19q~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and CHARLES R. HULL, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a fire escape in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such fire escape, it is necessary that the said party of the second part encroach into a portion of an existing City right of way known as 20' Alley; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such fire escape within a portion of the City's right of way known as 20' Alley. 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 20' Alley for the purpose of constructing and maintaining such fire escape. 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 20' Alley as shown on that certain plat entitled: "PHYSICAL SURVEY LOTS 1 & 2 BLOCK 63 PLAT NO. 3 VA. BEACH DEVELOPMENT CO. M.B. 3 P. 177 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA. SCALE 1" = 30' 13 JANUARY 1988 MADE FOR CHARLES R. HULL," 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 right of way known as 20' Alley 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 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 must obtain Building and Right of Way Permits from the Planning Department/Permits and Inspection prior to commencing any construction within the City's right of way. It is further expressly understood and agreed that the party of the second part will indemnify and save harmless the City of Virginia Beach and all its employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgements of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, arising out of the City's approval of the encroachment described herein. The party of the second part agrees to obtain and keep 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 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 My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State aforesaid, do hereby certify that Charles R. Hull, whose name is signed to the foregoing writing, bearing date the ~' day of ..~CS0~-~ , 19~., has acknowledged the same before me in my City and State aforesaid. Given hand this '~- day of under my __, My Commission Expires:~~~ ~)~N°tary Public IRE ESC~,PE % % ,, % LO E 0 EN OA 20' LE FOR FIR AR S . HU S ME PREPARED BY P/W ENG. DRAFT. 10/10/95 i i -- -- i ,~ _ ii i _ i ii The Is fo certify that I, on I$ Jan 1988 , surveyed the properly and that the hue lines and the waBs of the buUdtn~ ore os sh~n ~ ih~ p~[,l . ~- ~,.I__%1.,, signed ~ [~ Pirie fL. BONIFANT ,, ,, ,, , ,l . ~ ~0 ALLE~ ~ ~ ~256 1~' ENCROAC~ENT _ 2 Story Br~ck '~' ~ IJ' Commorc.~ol Build~ng 0 ~ I I' Encr~me~ I S,gn I ~' Encroachment . Brick Foc~ ~ ~: 0 56 Encroachment ~l- ~ ~ I _J_, ~ ' Z I _ I~' ~ ~ ' ' - - - ~ HOLE 25 th STREET ( lid R/W) [ ~ ~ This buddinq appears fo lie ~n Flood Zone C Panel E'O of 83 Community No 515551 C Effective dote I/(7/85 F'ederol Emerqenc'y Monoqemenf ~ency PHYSICAL SURVEY LOTS I &t 2 BLOCK 65 PLAT NQ VA BEACH DEVELOPMENT CO. M B 3 P 11'7 VIRGINIA BEACH BOROUGH VIRGINIA BEACH~ VA. Scale I "= 30' i$ January 1988 M~DE FOR CHARLES R HULL BONIFANT LAND SURVEYS PO BO~ 858~ VIRGINI4 BEACH, VA ,E3456 340 8490 19.~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and MICHAEL DEBAR and BETSY DEBAR, husband and wife, their heirs, assigns and successors in title, Grantee, party of the second part. WI TNES SETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead and dock in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead and dock, it is necessary that the said party of the second part encroach into a portion of an existing City drainage and impoundment easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead and dock within a portion of the City's drainage and impoundment easement. 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 drainage and impoundment easement for the purpose of constructing and maintaining such bulkhead and dock. 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 drainage and impoundment easement as shown on that certain plat entitled: " PHYSICAL SURVEY OF LOT 14, BLOCK B SUBDIVISION OF OCEAN LAKES PHASE TWO-SECTION TWO PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA FOR MICHAEL DEBAR & BETSY," 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 drainage and impoundment easement 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 such temporary encroachment. It is further expressly understood and agreed that prior to issuance of a 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 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 City Planning Department prior to commencing any construction within the City's drainage and impoundment easement. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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 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 drainage and impoundment easement 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, Michael Debar and Betsy Debar , the said parties of the second part have caused this agreement to be executed by their signatures and seals 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 ( SEAL ) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk Michael' ~De~ar Betsy 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 . My Commission Expires: Notary Public 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.. . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~~,~z~ 7~~.~/~£_~ , a Notary Public in and for the City and State aforesaid, do hereby certify that Michael Debar and Betsy Debar, whose names are signed to the foregoing writing, bearing date the ~z~ day of ~.~~~ , 19~, have acknowledged the same before me in my City and State aforesaid. Given under my hand My Commission Expires: this day of Notary Public U{[ PR~/R~ SHO~ HER(~ APPE~S ~ ~ ~ "A-) & B" ~ Z~ES A~OINO TO F.~M.A, HAP PANEL HO. 515531-~3B0~ REV. J~. LOT 34 LOT 33 PHYSICAL SURVEY OF LOT 14, BLOCK B SUBDIVISION OF OCEAN LAKES PHASE TWO-S£CTION TWO PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA FOR MICHAEL DEBAR &: BETSY DEBAR LOT 14 N LAKE VAR. ~IDTH DRAINAGE & I1dFOUNOl~Nt O.B. 2478 PG. 12 / 13 HAVILAND DRIVE (50' R/W) DATE: JUNE 30 1094 SCALE: 1" - 40/ NOTE: FO{:{ PLAT SEE D.B. 2478 PO. 1226-1233. VA. BEACH, VA. WARD M. HOLMES LAND SURVEYOR, P.e. 9225 GRINBY STREET NORFOLK, VIRGIl/IA 23503 804-480-1~30 RUI PARK t' Ti'Il VIRGINIA VIL Virginia BI KOA Dam Neck Square Shop Cfr DAM' NECK NECK ESTS ~T ICEAN ,ES SITE IIiP' i Fleet ENCROACHMENT LOCATION MAP 1865 HAVILAND DR. t Item IV-J. 6. ~SOL UTIONS/ORDINANCES ITEM # 40015 Upon motion by Vice Mayor Sessoms, seconded by Council lardy Strayhorn, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's drainage and impoundment easement at 1865 Haviland Drive to MICHAEL DEBAR and BETSY DEBAR re construction and maintenance of a bulkhead and dock (PRINCESS ANNE BOROUGH) The following conditions shall be required: The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley, Mayor Meyera E. Oberndo~ Nancy ~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S DRAINAGE AND IMPOUNDMENT EASEMENT TO MICHAEL DEBAR AND BETSY DEBAR, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Michael Debar and Betsy Debar, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the City's drainage and impoundment easement at 1865 Haviland Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a bulkhead and dock and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's drainage and impoundment easement, as shown on the certain plat entitled: "PHYSICAL SURVEY OF LOT 14, BLOCK B SUBDIVISION OF OCEAN LAKES PHASE TWO-SECTION TWO PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA FOR MICHAEL DEBAR & BETSY," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Mr. and Mrs. Debar, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's drainage and impoundment easement and that Mr. and Mrs. Debar, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. and Mrs. Debar, their heirs, assigns and successors in title 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 such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Mr. and Mrs. Debar execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of November , 19 95 · 63 64 65 10/12/95 PSD/tga F: ~.. ~DEJESU~DEBAR. ORD - 24 - Item IV-J. 7. RES OL UTIONS /ORDINANCES ITEM # 40016 Utnm motion by Vice Mayor Sessoms, seconded by Council Ixtdy Strayhorn, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's impoundment easement adjacent to 1212Aztec Court to CARLTON E. TAYLOR and BARBARA E. TAYLOR re construction and maintenance of a timber bulkhead and associated backfill (PRINCESS ANNE BOROUGH) The following conditions shall be required: . 2. The owner agrees to remove the encroachment within thirty (30) days when notified by the City of Virginia Beach, at no expense to the City. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 (By Consent} Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE IMPOUNDMENT EASEMENT ADJACENT TO 1212 AZTEC COURT TO CARLTON E. TAYLOR AND BARBARA E. TAYLOR, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Carlton E. Taylor and Barbara E. Taylor, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the city's impoundment easement adjacent to 1212 Aztec Court. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a timber bulkhead and associated backfill and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's impoundment easement, on the certain plat entitled: " PROPOSED BULKHEAD & FILL IN: CANAL AT: VIRGINIA BEACH, VA APPLICATION BY: C. TAYLOR DATE: APRIL 8, 1995," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Carlton E. Taylor and Barbara E. Taylor, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's impoundment easement and that Mr. and Mrs. Taylor, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. 44 45 - 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. and Mrs. Carlton, their heirs, assigns and successors in title 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 such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Mr. and Mrs. Carlton execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of November , 19 95 . 61 62 63 10/31/95 CBC/tga F:\..\CAH 00 N\TAYLO R. ORD ;/~ RO'v',..,3 ~o ~O CONTENT DEPAr~TMr-NT _ I Il Il II I II .... APPROVED AS TO LEGAL SUFFiCtE~'~CY THIS AGREEMENT, made this /~T~day of ~7~~ , 19_~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and CARLTON E. TAYLOR and BARBARA E. TAYLOR, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part (even though more than one). WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a timber bulkhead and associated backfill in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such timber bulkhead and associated backfill, it is necessary that the said party of the second part encroach into a portion of an existing City impoundment easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such timber bulkhead and associated backfill within a portion of the City's impoundment easement. 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 impoundment easement for the purpose of constructing and maintaining such timber bulkhead and associated backfill. GPIN 2414-77-0532 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 impoundment easement as shown on those certain five (5) plats entitled: "PROPOSED BULKHEAD & FILL IN: CANAL AT: VIRGINIA BEACH, VA APPLICATION BY: C. TAYLOR DATE: APRIL 8, 1995" copies of which are attached hereto and made a part hereof 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 impoundment easement 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 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 obtain a permit from the Development Services Center prior to commencing any construction within the City's impoundment easement. 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 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 impoundment easement 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, CARLTON E. TAYLOR and BARBARA E. TAYLOR, the said party of the second part have caused this Agreement to be executed by their signatures and seals 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. ,I~::~ROVED AS TO CONTENT DE PAI~I' ~ENT ( SEAL ) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk CARLTON E. TAYL~ 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 . My Commission Expires: Notary Public 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 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State aforesaid, do hereby certify that CARLTON E. TAYLOR and BARBARA E. TAYLOR, whose names are signed to the foregoing writing, bearing date the ~ ~ day of , 19~', have acknowledged the same before me in my City and State aforesaid. Given under my hand this ;~T~ day of Notary Public My Commission Expires: ~-~-~ ® I~' MA~r~Nj,~,,14?. 89' 4. A I~' ~A~T~H~ EAsE~r ~o. AZIE6 ~m COURT II PURPOSE: TO HAL T EROSION DA TUN' O.H.W. O. O0 ,ADJACENT PROPERTY OWNERS I EILLIAH CRA YLE 2.LAKESIDE CONS TR. CORP. .3. TIMO THY AXLEY 4 I I II I I I[ I_ I I_ [ II I II II PLAN VIEW SCALE I'- 40' 40' I PROPOSED BULKHEAD & FILL f IN: CANAL A T: VIRGINIA BEACH. VA APPL. ICA TION B Y: C. TA YL. OR 80' SHEET: I OF: 4 DA TE: APRIL. 8. 1995 REV' .?, , ¥ / ~ , / ~l E II I I I [ ! I I I _ i _ i ii i~ i i ..... ~ r I I ' I Ul ..... --I ~ ~ - ' I I II II I 12' AVERAGE 5' AVERAGE /E TOP OF BANK XISTING ~, I~lllmlll~lll~ltl~lll¥1 ~11 ~=111~1~ Z LU GRADE -~,J~l~lll ~ 111~ II1~ III-'=111 ----- ~IL --~ ~l "= 15' MAINTENANCE EASEMENT ~ NOTES I LAKE IS 'EASEMENT FOR DRAINAGE FACILITIES THE INDIVIDUAL OWNERS ABUTTING THE LAKE ASSUME RES- PONDSIBILTY FOR DREDGING OR OTHER LAKE MAINTENANCE. 2.THE TOP OF BANK IS NOT LOCATED IN 15' MAINTENANCE EASEMENT AS SHOWN ON THE FINAL PLAT OF THE SUBDIVISION CONSTRUCTION PLAN $.THE ELEVATION AND LOCATION OF THE TOP OF BANK HAS NOT CHANGED AND IS LOCATED IN THE AREA THAT IS THE HOME OWNERS RESPONSIBILTY TO MAIN- TAIN 4 THE STORAGE VOLUME OF THE LAKE HAS BEEN REDUCED 9.670 GALLONS. THE VOLUME LOST DUE TO SEVERE EROSION DUE TO BURROWING ANIMALS HAS NOT BEEN CALC- ULATED NOR ADDRESSED BY THE CITY. UJ 15 MAINTENANCE EASEMENT Z LLI LU LU II PURPOSE. TO HALT EROSION DATUM'- O.H.W. 0.00 ADJACENT PROPERTY OWNERS I. WlLLIAH CRAYLE 2. LAKESIDE CONSTR. CORP ,.3. TIHOTHY AXLEY 4. I I II I_ I I I I I1 TOPO DETAIL SCALE I' - 4' 0 4' 8' PROPOSED BULKHEAD & FILL IN: CANAL AT: VIRGINIA BEACH. VA APPLICATION BY' C. TAYLOR SHEET: IA OF 4 DATE: APRIL 8. 1995 REV: JULY 18. 1995 I ! I ...... ~_lll I I I I - I Jl SITE SPECIFICS: LEGAL DESCRIPTION LO T 27. BLOCK C. OCEAN LAKES PHASE ONE. PART TWO REF D.B. 2629 PG 1240-1244 GPIN' 2414-77-0532 ZONING. PD-H2 SEQUENCE OF EVENTS: L SECURE ALL REOUIRED PERMITS. FEDERAL. S TA T£ AND LOCAL. 2 DELIVER klATERIALS TO SITE. 3 CONS TRUC T BULKHEAD VIA BACKHOE. BACKFILL AND ES TABLISH FINISHED GRADE. ERECT E.S.C. BARRIER A T CAP AND SEED. 4. DISPOSE OF ALL CONSTRUCTION DEBRIS IN A LAWFUL NANNER. 5 RESTORE ALL IklPACTED AREAS TO PRECONSTRUCTION CONDITION AS PER TURFGRASS SCHEDULE BEL OW. ,, TURFGRASS PLANTING SPECIFICATIONS TYPE lINE 1'0 SEED RATE KENTUCKY-SI 9/16 - 4/30 8 LBS./lO00 SF NARROW LEAF ........... FESCUES 9/16 - 4/30 6 LBS./lO00 BERI'1UDA 5/! - 9/15 2 LBSJlOOOSF PURPOSE TO HAL T EROSION DATUH' O. HW 0.00 ADJACENT PROPERTY OWNERS I WILLIAH CRA YLE 2.LAKESIDE CONS TR.. CORP ,3TIHO THY AXLEY 4 DA TA SHEET PROPOSED BULKHEAD & FILL IN: CANAL A T' VIRGINIA BEACH. VA APPLICATION B Y: C. TA YL OR SHEET: 2 OF 4 DA TE' APRIL8.1995 REV. .. II I I II I I ~ I I II I I B UL KHEA D i i i iii i i i ii i i SEC T/ON A-A i i i ! i iii i 2'x 6' CAP (2) 2'x 8' WALER O.H.W. TEHP. E.$.C. FENCE INSTALL PRIOR TO BACKFILLING PROPOSED GRADE EXI$T. GRADE I, __lI" ODS 5.5' O/C FILTERCLOTH8' x 5' DEADI"IAN UPLAND FILL 2' x IO' x 8' SHEET PILE TONGUE-AND-GROOVE 4.5' PENETRATION AVERAGE CORNER DE TA IL WALER (TYP] -% HA TERIAL S SPECS: ALL WOOD CCA. Z5 PCF (SALT TREATED) ALL HARDWARE HD. GAL VANIZED I I','" I SHEET PILE (T', ~ %- CORNER TIE ROD ,,' N,,_ REGULAR TIE ROD CAP NO T SHOWN PURPOSE TO HAL T EROSION DA TUN: O.H W. 0 O0 ADJACENT PROPERTY OWNERS I. WlLLIAH CRA YLE 2. LAKESIDE CONS TR. CORP $ TIHO THY AXLEY 4 SEC T/ON VIEW I I I I I II PROPOSED BULKHEAD & FILL IN: CANAL A T: VIRGINIA BEACH. VA APPLICATION B Y: C. TA YL OR SHEET: $ OF 4 DATE APRIL 8 1995 REV' I II I I I I PURPOSE TO HAL T EROSION DATUH OHW. 000 ADJACENT PROPERTY OWNER5 I. WILLIAH CRA YLE ·2. LAKESIDE CONS TR. CORP $ T/HO THY AXLEY '4 VIC~N~ T Y MA P SCALE I'- 2000' 0 2000' 4000' I I I I I II I I 11 I I _ I II I PROPOSED BULKHEAD & FILL IN: CANAL A T. VIRGINIA BEACH VA APPLICATION BY C. TA YL OR SHEET 4 OF 4 DA TE APRIL REV' III Item/F'-J. 8. CONSENT AGENDA ITEM # 40017 RESOLUTIONS~ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize License Refund in the amount of $53,599.20 on application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 (By ConsenO Council Members l/bting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., HaroM Heischober, Louis R. Jones, Barbara M. Henley, Mayor Meyera E. Oberndo~ Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members l~oting Nay: None Council Members Absent: None November 14, 1995 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following apphcations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: bcense Date Base Penalty Int. NAME Year Paid Household Recovery Service Corp 2700 Sanders Road Att. Llc Prospect Heights, Il. 60070 1994 53,599.20 Total 53,599.20 This ordinance shall be effective from date of adoption The above abatement(s) totahng $53,599.2o of the C~ty of V~rg~ma Beach on the ]4 day of Certified as to Payment Commissioner of the Revenue Approved as to form- Leslie L. LiIley ~ C~ty Attorney were approved by the Council November , 19 95 Ruth Hoclges Smith City Clerk Item IV-K. PUBLIC HEARING ITEM # 40018 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. AQUA INVES~ENT ASSOCIATES, L~P. STREET CLOSURE 2. LISA WILLIAMSON STATTS VARIANCE 3. RACETRAC PETROLEUM, INC. CONDITIONAL USE PERMIT 4. WILLIAM H. CHAPMAN CONDITIONAL USE PERMIT $. EXXON CORPORATION CONDITIONAL USE PERMIT 6. WITCHDUCK BINGO, INC. CONDITIONAL USE PERMIT 7. AZALEA GARDEN CHURCH CONDITIONAL USE PERMIT 8. EDWARD ,4ND KATHLEEN KURPIEL CONDITIONAL USE PERMIT 9. THE DRAGAS COMPANIES CONDITIONAL CHANGES OF ZONING 10. CENTEX REAL ESTATE CORPORATION CHANGE OF ZONING November 14, 1995 - 27 - Item IV-lC PUBLIC HEARING ITEM # 40019 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED in ONE MOTION Items 6 and 7 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Nolle Council Members Absent: None November 14, 1995 - 28 - Item IW-K. 1 PUBLIC HEARING ITEM tt 40O20 PLANNING Attorney R. J. Nutter, 999 Waterside Drive, Phone: 624-3059 Carol Edwards, 3813 Holly Dune Lane, Phone: 422-6162, represented the Holly Dunes Homeowners .4ssociation and spoke in OPPOSITION. Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED: ORDINANCE AMENDING AND MODIFYING TERMS OF AN AGI~EMENT DATED DECEMBER 2, 1991 BETWEEN AQUA INVESTMENTS AND CITY RE DESIGN AND OPERATION OF IMPROVEMENTS WITHIN ENCLOSED PORTION OF 39TH STREET BETWEEN ATLANTIC AVENUE AND THE BOARDWALK RECONSIDERATION OF CONDITIONS (NUMBERED THREE AND FOUR) in the December 3, 1991, approved Application of AQUA INVESTMENT ASSOCIATE~ L.P. for a Street Closure at 39th Street between Atlantic Avenue and the Boardwalk (VIRGINIA BEACH BOROUGH). Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert IC Dean, Barbara M. Henley and Nancy IC Parker Council Members Absent: None November 14, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Requested by Department of Planning AN ORDINANCE AMENDING AND MODIFYING THE TERMS OF AN AGREEMENT DATED DECEMBER 2, 1991, BETWEEN AQUA INVESTMENT ASSOCIATES, L.P. AND THE CITY OF VIRGINIA BEACH PERTAINING TO THE DESIGN AND OPERATION OF THE IMPROVEMENTS WITHIN A CLOSED PORTION OF 39TH STREET BETWEEN ATLANTIC AVENUE AND THE BOARDWALK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, on December 3, 1991, the Virginia Beach City Council closed a portion of 39th Street pursuant to an application submitted by Aqua Investment Associates, L.P., a Virginia limited partnership ("Aqua"), which street closure is subject to the terms and conditions of an agreement entitled "Agreement of Covenants and Conditions" dated December 2, 1991; and WHEREAS, the Agreement of Covenants and Conditions provides that the Virginia Beach City Council can amend or vary the terms of the covenants or conditions by an ~rdinance or resolution following a public hearing; and WHEREAS, Aqua has submitted an application to the City of Virginia Beach to amend and vary the terms of the December 2, 1991 Agreement of Covenants and Conditions for the sole purpose of adding a glass and metal cupola atop a portion of the improvements currently existing within the closed portion of 39th Street. NOW THEREFORE BE IT ORDAINED by the Council of the City of Virginia Beach that the terms of the Agreement of Covenants and Conditions dated December 2, 1991 be and the same hereby are amended and varied as set forth in the Amended Agreement of Covenants and Conditions dated November 14, 1995 which is incorporated herein by reference and which is attached hereto. BE IT FURTHER ORDAINED by the Council of the City of Virginia Beach that a certified copy of this Ordinance and the attached Amended Agreement of Covenants and Conditions dated 35 36 37 38 November 14, 1995, shall be filed in the Virginia Beach Circuit Court Clerk's Office naming the City of Virginia Beach as Grantor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of November , 1995. 39 40 41 42 CA-6141 ORDIN \NONCODE \ CA6141 . ORD R-1 PREPARED: 11 / 14 / 95 APPROVED AS TO LEGAL SUFFICI ~" '""' ' / THIS AMENDED AGREEMENT OF COVENANTS AND CONDITIONS ("AMENDMENT"), made this 14th day of November, 1995, by and between AQUA INVESTMENT ASSOCIATES, L.P., a Virginia limited partnership ("GRANTOR") and THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation ("G~I~NTEE'') WITNEBSETH WHEREAS, in conjunction with a street closure application filed by Grantor in 1991, the parties hereto entered into an agreement dated December 2, 1991 (hereinafter "Agreement") which is recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 3040 at page 0666~ and WHEREAS, Grantor desires to amend certain provisions of the Agreement which amendments are acceptable to the Grantee~ and WHEREAS, it is the intent of the parties to the Agreement that all other provisions of the Agreement except those modified by the Amendment shall remain in effect~ and WHEREAS, as required in the Agreement, the Grantee held a public hearing and adopted an Ordinance authorizing the amendments as specified below following a public hearing advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950 as amended. NOW THEREFORE, in consideration of the followin~ mutual covenants and other good and valuable consideration, the euffioiency of which is acknowledged by all parties, the parties agree as follows{ 1. All termm and conditions of the Agreement dated December 2, 1991, except as specifically modified below, are hereby affirmed and shall remain in full force and effect. 2. Paragraph 3 of the Agreement is hereby amended to read as follows= Except as hereinabove provided, all buildings and structures constructed and/or maintained upon the Area Closud shall not exceed ten and one-half (10 1/2) feet in height measured from Ground Elevation} provided however, (al the elevator equipment room shall be subject to the height limitation set forth in paragraph 2 above; (b) the height of the elevator =ower, to be constructed of glass and steel, shall be governed by the Zoning Ordinance of Grantee; and (0) the height of the glass and metal frame skylight shall not exceed a total height of Fifteen and one- half (15 1/2) feet a~ measured from Ground Elevation. 3. Paragraph 4 of the Agreement shall be amended to read as follows: Grantor may construct atop the covered walkway located with the area closed, a glass and metal cupola substantially similar to the Exhibit displayed to City Council at the aforesaid Public Hearing and which Exhibit is on file in the Planning Dpartment of the City of Virginia Beach. -2- WITNESS the following signatures and sealsz AQUA INVESTMENT ASSOCIATES, L,P. a Virginia limited partnership By: 3900 Oceanfront Investment Assoolate~ Inc., a Virginia STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this 14th day of November, 1995 by Thomas J. Lyons, President of 3900 Oceanfront Investment Associates, Inc., a Virginia corporation, General Partner of Aqua Investment Associates, L.P., a Virginia limited partnership, on its behalf. Notary Public ~ My Commission Expires: -3- - 29 - Item IV-K.2 PUBLIC HEARING ITEM tt 40021 PLANNING Attorney Ed Bourdon, Pembroke One Fifth floor, represented the applicant Upon motion by Council Lady Henley, seconded by Councilman Baton, City Council APPROVED the Application of LISA WILLIAMSON STATTS for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Lisa Williamson Statts. Property is located at 4117 Charity Neck Road. PUNGO BOROUGH. The following condition shall be required: A cross access easement must be platted across Parcel C to Parcel D to provide for ingress/egress to the existing single family home. Voting: 7-0 Council Members Voting Aye: John A. Baum, William W.. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, Robert K. Dean, Harold Heischober and Vice Mayor William D. Sessoms, Jr. November 14, 1995 - 30 - Item 1W-K.3 PUBLIC HEARING ITEM # 40O22 PlatNNING Attorney R. J. Nutter, 999 Waterside Drive, Phone: 624-8957, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of R~CETRAC PETROLEUM INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RACETRAC PETROLEUM, INC. FOR A CONDITIONAL USE PERMIT FOR A SELF-SERVICE GAS STATION R011951995 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Racetrac Petroleum, Inc., for a Conditional Use Permit for a self-service gas station in conjunction with convenience store on the south side of Virginia Beach Boulevard, west of Davis Street. Said proeprty is located at 5541, 5551 and 5553 Virginia Beach Boulevard and contains 42,645 square feet. BAYSIDE BOROUGH. The following conditions shall be required: The applicant must submit a revised site plan that incorporates landscaping requirements outlined in the City Zoning Ordinance. If a variance to the required 15 foot landscaped buffer on the western side of the property is approved by the Board of Zoning Appeals, a planting bed with a minimum width of 5 feet must be established along the western property line. Wax myrtles or a similar type plant material must be installed in this bed with spacing not to exceed 10 feet on center. 2. A 10 foot landscape, Category 4 Landscaping, along western boundary of the property. 3. Applicant shall adhere to photo rendering presented to City Council by R. J. Nutter, November 14, 1995. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November. Nineteen Hundred and Ni~¢ty-Five. Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones and Vice Mayor William D. Sessotns, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Louisa M. Strayhorn November 14, 1995 - 31 - Item IV-K.4 PUBLIC HEARING PL4NNING ITEM # 40023 James R. Bradford, 325 F'olva Parkway, Phone: 547-9531, represented the applicant Diane Cook, 1309 Warner Hall Drive, Phone: 468-4536, Vice Presidnet - Red Mill Civic Association, spoke in SUPPORT of the application. ,4 Motion was made by Councilman Dean, seconded by Councilman Jones to DENY an Ordinance upon application of WILLIAM H. CHAPMAN for a Conditional Use Permit. Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of WILLIAM H. CHAPMAN for a Conditional Use Permit: ORDINANCE UPON APPLIC,4TION OF WILLIAM H. CHAPMAN FOR .4 CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE ST,4TION R011951996 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of William H. Chapman for an automobile service station at the southeast corner of Princess ,4nne Road and Elson Green ,4venue. Said parcel contains 1.17 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required; . The submitted rendering entitled "Texaco at Belgrade", dated 3-10-95 shah be adhered to. Standard sized red brick to match the nearby pump station shall be used and the roof shall be slate colored. The optional dormer windows shown on the rendering shall be included. 2. The submitted site plan entitled "Chapman Property, Preliminary Site Plan by HasseH and Folkes P.C." shall be adhered to. The gas island on the northern side must meet the required 55 foot setback from all buildings. All City landscape regulations must be adhered to, including foundation landscaping. In keeping with the City's AICUZ guidelines, the restaurant building shah be constructed with acoustical treatments and roof/ceiling/exterior walls 39 STC and doors/windows 25 STC. The Red Mill Civic Association shall be provided with construction plans for the site, as well as building, at the time of submittal to City Staff for review and compliance with the stipulations. 5. The island beneath the canopy, which separates the drive-thru from the gas pumps, be landscaped in its entirety. 6. The BMP shah be located behind the facility to the maximum extent possible. The Dormers shall remain a part of the rendering and be constructed. November 14, 1995 Item IV-K.4 PUBLIC HEARING ITEM # 40023 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth o_f November. Nineteen Hundred and Nine~_ -Fiv¢. Voting: 6-5 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert I~ Dean, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy I~ Parker Council Members Absent: None November 14, 1995 Item IV-K.5 PUBLIC HEARING ITEM # 4OO24 PLANNING Attorney James M. Pickrell, Phone: 627-8365, represented the applicant A motion was made by Councilman Dean, seconded by Council Lady Parker to DENY an Ordinance upon application of EXXON CORPORATION for a Conditional Use Permit. Upon SUBSTITUTE MOTION by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of EXXON CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE AN AUTOMATED CAR WASH R011951997 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI'IY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Exxon Corporation for a Conditional Use Permit for gasoline sales in conjunction with a convenience store and an automated car wash on the southeast corner of Rosemont Road and Holland Road. Said parcel is located at 3597 Holland Road and contains 35,414 square feet. PRINCES ANNE BOROUGH. The following conditions shall be required: 2. Additional landscaping consistent with that shown on the northern and western boundaries of the site shall be provided in the southeastern and southwestern corners of the log adjacent to the entrance and exit of the car wash. The double driveway shown between the convenience store and the car wash shall be replaced with a single driveway and a planting island; the additional landscape island shall be planted with, at a minimum, one willow oak and evergreen shrubs spaced not more than four feet on center. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November. Nineteen Hundred and Nine~_ -Five. November 14, 1995 - 34 - Item l~-K.5 PUBLIC HEARING ITEM # 40024 (Continued) PLANNING Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K. Dean and Nancy I~ Parker Council Members Absent: Louisa M. Strayhorn November 14, 1995 - 35 - Item IV-K.6 PUBLIC HEARING ITEM # 40025 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of WITCHDUCK BINGO, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WITCHDUCK BINGO, INC. FOR A CONDITIONAL USE PERMIT FOR A BINGO HALL (ADDITION) R011951998 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Witchduck Bingo, Inc. for a Conditional Use Permit for a bingo hall (addition) on a portion of parcel G, Section 2, Aragona Village. Said parcel is located at 660 North Witchduck Road and contains 2.54 acres. BAYSIDE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (19 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November. Nineteen Hundred and Nine~_ -Five. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 - 36 - Item IV-K. 7 PUBLIC HEARING ITEM # 4OO26 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of AZ4LEA GARDEN CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AZALEA GARDEN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R011951999 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BE~ICH, VIRGINL4 Ordinance upon application of Azalea Garden Church for a Conditional Use Permit for a church on the west side of Centerville Turnpike, 400 feet more or less south of Jake Sears Road. Said parcel is located at 1541 Centerville Turnpike and contains 8.92 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the l~ourteenth o_f November. Nineteen Hundred and Nine~_ -Five. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert lc Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Nancy lC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 - 37 - Item IV-K.8 PUBLIC HEARING ITEM # 40027 PLANNING Attorney R. Edward Bourdon, Jr., Pembroke One - The Fifth Floor, Phone: 499-8971, represented the applicant and requested INDEFINITE DEFERRAL, but AMENDED the request to WITHDRAWAL. Donald L. Sanders, 2186 Princes Anne Road, Phone: 427-1818, adjacent resident, was not in OPPOSITION to the WITHDRAWAL. Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ALLOWED WITHDRAWAL of the Ordinance upon application of EDWARD AND KATHLEEN KURPIEL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EDWARD & KATHLEEN KURPIEL FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (MARY KAY COSMETICS) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward & Kathleen Kurpiel ,for a Conditional Use Permit.for a home occupation (Mary Kay Cosmetics) on the north side of Princess Anne Road, west of Newstead Drive. Said parcel is located at 2184 Princess Anne Road and contains 2.87 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 Item 1V-K.9 PUBLIC HEARING ITEM # 4OO28 PLANNING Attorney R~ Edward Bourdon, Jr., Pembroke One - The Fifth Floor, Phone: 499-8971, represented the applicant Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED Ordinances upon applications of THE DRAGAS COMPANIES, Contract Purchasers, for Conditional Changes of Zoning District Classifications: ORDINANCE UPON APPLICATION OF THE DRAGAS COMPANIES, CONTRACT PURCHASERS~ FOR CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO A-12 Z011951470 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CFIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Dragas Companies, Contract Purchasers, for a Conditional Change of Zoning District Classification from AG-2 Agricultural District to Conditional A-12 Apartment District on certain property located at the northwest corner of Old Dam Neck Road and Upton Drive. The proposed zoning classification change to A- 12 is for multi-family land use at a density no greater than 12 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 10.5 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF THE DRAGAS COMPANIES, CONTRACT PURCHASER~ FOR CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO A-12 Z011951471 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI'IY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Dragus Companies, Contract Purchasers, for a Conditional Change of Zoning District Classification from R-lO Residential District to Conditional A-12 Apartment District on certain proeprty located at the southwest corner of Dam Neck Road and Upton Drive. The proposed zoning classification change to A-12 Apartment District is for multi-family land use at a density no greater than 12 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel contains 217,673 square feet. PRINCESS ANNE BOROUGH. The following condition shall be required: Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. November 14, 1995 - 39 - Item IV-K.9 PUBLIC HEARING ITEM # 40028 (Continued) PLANNING These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beacig Virginia, on the Fourteenth o.f November. Nineteen Hundred and Nine~_ -Five. Voting: 6-4 Council Members Voting Aye: John A. Baton, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Linwood O. Branch, III, Barbara M. Henley, Louis 1~ Jones and Mayor Meyera E. Oberndoff, Council Members Abstaining: Nancy tC Parker Council Members Absent: None Council Lady Parker ABSTAINED as one of the major partners is a client of her husband's. November 14, 1995 City o£ Virginia F~each INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-3978 DATE: November 3, 1995 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali ~ DEPT: City Attorney Conditional Zoning Application Thc Dragas Companies, ct als Thc above-referenced conditional zoning application is scheduled to be heard by the City Council on November 14, 1995. I have reviewed the subject proffer agreement, dated July 31, 1995, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure ~E$ CARNE$ ~OUR~ON & AHERN P C ATTORNEY~ AT I. AW THE DRAGAS COMPANIES, a Virginia corporation, MADLYN E. UPTON, JEFFREY L. KRAMER, RICHARD G. KRAMER, EDWARD A KRAMER, STEVEN A. KASMAUSKI and EMIKO KASMAUSKI, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of thE: Commonwealth of Virginia THIS AGREEMENT, made this 31st day of July, 1995, by and between THE DRAGA$ COMPANIES, a Virginia corporation, GRANTOR, party of the first part; MADLYN E, UPTQN, widow, GRANTOR, party of the second part; JEFFREY L, KRAMER, RICHARD ~, KRAMER, EDWARD .A, KR.AMER, GRANTORS, parties of the third part; STEVEN A, KASMAUSKI and EMIK0 KASMAUSKI, husband and wife, GRANTORS, parties of the fourth part; and THE CITY 05 VIRGINIA BEACh, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the fifth part. WHEREAS, the party of the second part is the owner of certain contiguous parcels of property located in the Princess Anne Borough of the City of Virginia Beach, containing a total of approximately 6.773 acres and described as "Parcel One" ant; "Parcel Two" in Exhibit "A" attached hereto and incorporate¢ herein by this reference. Said parcels along with the othe]~ parcels herein described are hereinafter collectively referreo to as the "Property"; and WHEREAS, the parties of the third part are the owner:~ of a certain parcel of property located in the Princess Ann,[ Borough of the City of Virginia Beach, containing approximatel} .6368 acres and described in Exhibit "B" attached hereto an~ incorporated herein by this reference. Said parcel along with the other parcels herein described are hereinafter collectivel~ referred to as the "Property"; and - 1 - CARNES BOURDON AHERN P C DRNEYS AT LAW WHEREAS, the parties of the fourth part are the owners of a certain parcel of property located in the Princess Anne Borough of the City of Virginia Beach, containing approximately 3.106 acres and described in Exhibit "C" attached hereto and incorporated herein by this reference. Said parcel along with the other parcels herein described are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part, being the contract purchaser of all the parcels described herein containing a total of approximately 10.5158 acres which are hereinafter collectively referred to as the "Property", has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from AG-2 and R-10 to A-12; 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 GRANTORS acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, 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 are needed to cope with the situation to which the GRANTORS' rezoning application gives rise; and WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted - 2 - ES CARNES BOURDON · AHERN P C AI'~'ORNEY$ AT i. AW as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the GRANTORS, for themselves, their successors, personal representatives, assigns, GRANTEE, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or ~uid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, their successors, personal representatives, assigns, GRANTEE, and othe~ successors in interest or title: 1. The "CONCEPT PLAN UPTON DRIVE Condominiums for The Dragas Companies" prepared by Porterfield Design Center, dated August 27, 1995, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, building location, building orientation, best. management practices as landscape features, and recreational amenities to better foster a sense of community. 2. Vehicular Ingress and Egress shall be limited one (1) entrance from Upton Drive and one (1) entrance from Dam Neck Road. GRANTOR shall plant landscape screening alon9 the southside of Dam Neck Road if acceptable to property owners. - 3 - GARNE$. BOUIIIIX)N 3. A swimming pool and cabana serving the residents shall be constructed in the area depicted on the Conceptual Site Plan. 4. All landscaping along Upton Drive, Dam Neck Road and Old Dam Neck Road as depicted on the Conceptual Site Plan shall meet the requirements for Standard B Scenic Easements as described in Article 3.5 of the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach as adopted by City Council on April 18, 1988. In addition, mounding and rail fencing shall be utilized along Upton Drive and Old Dam Neck Road as depicted on the Conceptual Site Plan. 5. An entrance treatment shall be constructed at the entrance on Upton Drive with monument style signage externally illuminated from ground level using stone. 6. The buildings shall be two (2) story with four (4) units per building. Each unit shall have two (2) bedrooms and two and one-half (2-1/2) bathrooms. 7. The buildings will have an exterior building material (excluding roofing) of vinyl, in an earth tone color. The buildings shall be set back a minimum of thirty-five feet (35') from Upton Drive and Old Dam Neck Road. 8. The total number of living units permitted to be constructed on the Property shall not exceed one hundred twenty-four (124). The above conditions, having been proffered by the GRANTORS and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, - 4 - KES CARNES BOURDON & AHEIqN P C~ ATTOIqNEYS AT LAW however, may be repealed, 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 Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTORS covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditionz and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions remedied, and (b) to bring legal action or suit to insurE: compliance with such conditions, including mandatory om prohibitory injunction, abatement, damages, or othem appropriate action, suit, or proceeding; (2) The failure to meet all conditions an(] restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may b~ appropriate; (3) If aggrieved by any decision of the Zonin~ Administrator, made pursuant to these provisions, the GRANTOR~ shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning - 5 - of the Property, and the ordinances 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 they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTEE. WITNESS the following signature and seal: GRANTORS: THE DRAGAS COMPANIES, a Vi rg ini a cor~_~ration Thomas J. Hansen Senior Vice President Steven A. Kasmauski Emiko i~/asmauskl STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: e foregoing instrument was acknowledged before me this~ day of September, 1995, by Thomas J. Hansen, Senior Vice President of The Dragas Companies, a Virginia corporation, on behalf of said corporation. '-~/ - Notary Public / My Commission Expires: /./-~'~-~ CARNE$ BOURDON AHERN P C :)RNEYS AT I.AW - 6 - STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: ~;he foregoing instrument was acknowledged before this -/~d~---~/ day of September, 1995, b~adlyn E. Upton. ~/. '' /Notary 'Pub~ic-- My Co~ission Expires: //-~~3~ me KES ,.,~IE$ BOURDON · AHERN P C ATTORNEYS AT LAW STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of September, 1995, by Jeffrey A. Kramer. ~c My Commission Expires: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of September, 1995, by Richard G. Kramer. ~ary Public My Commission Expires: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2~ day of September, 1995, by Edward A. Kramer. Notary Public My Commission Expires: '~/~,~ STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: T_~e foregoing instrument was acknowledged before me this .~~-~day of September, 1995, by Steven A. Kasmauski and Emiko Kasmauski, husband and wife.--~.i ~_/ ~ Notary Public My Commission Expires: 5368i - 7 - EXHIBIT PARCEL ONE ALL THOSE certain lots, pieces or parcels of land lying, situate and being in the City of Virginia Beach, Virginia, with the improvements thereon and appurtenances thereunto belonging, which are known and designated as "Now or formerly C.E. UPTON, JR. MAP BOOK 59, PAGE 25" and "PARCEL: 'B' 0.459 AC." on that certain plat entitled "SUBDIVISION OF A PORTION OF PROPERTY OF C.E. UPTON, JR. PRINCESS ANN BOROUGH, VIRGINIA BEACH, VIRGINIA" Scale: 1" - 50' dated December, 1963, made by Frank D Tarrall, Jr. & Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 60, at Page 14, reference being made to said plat for a more particular description of said property. GPIN NOS. : 2415-64-5566 2415-64-6427 PARCEL TWO ALL THOSE certain lots, pieces or parcels of land lying, situate and being in the City of Virginia Beach, Virginia, with the improvements thereon and appurtenances thereunto belonging, which are known and designated as "PARCEL 'A' 3.191 ACRES" and "PARCEL °B' 2.664 ACRES" on that certain plat entitled "SUBDIVISION OF PROPERTY OF C.E. UPTON, JR. EST. AND MADLYN E. UPTON D.B. 2324 P. 1471 D.B. 1402 P. 121 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA." Scale: 1" = 50', dated 16 October, 1984, made by Gallup Surveyors & Engineers, Ltd., which said plat is duly recorded in the aforesaid Clerk's Office in Deed Book 2392, at page 2168, reference being made to said plat for a more particular description of said property. GPIN NOS.: 2415-64-7863 2415-64-7652 CARNES BOURDON AMERN P C ORNEYS AT LAW - 8 - EXHIBIT #B" ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, together with the improvements thereon and appurtenances thereunto belonging, known, numbered and designated as "0.6368 AC." on that certain plat entitled --BOUNDARY SURVEY-- of THE PROPERTY OF RICHARD G. KRAMER, JEFFREY L. KRAMER AND EDWARD A. KRAMER (M.B. 62, P. 6) (M.B. 165, P. 33) (D.B. 2437, P. 1250) dated September 14, 1987, made by Venture Engineering, P.C., Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2674, at page 903, reference to which is hereby made for a more particular description of said property. GPIN NO.: 2415-65-8188 ,ES CARNE$ BOURDON & AHERN P C ATTORNEYS ATLAW - 9 - EXHIBIT #C" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia (formerly Princess Anne Co., Va.) and being more particularly bounded and described as follows: BEGINNING at a point in the southern line of the Military Highway leading to Dam Neck Naval Station, where the same is intersected by a line dividing the property herein conveyed from the property now or formerly belonging to Leroy Widgeon, and from said point running thence in a westerly direction along the southern line of Military Highway, 276.7 feet to a point; thence turning and running in a southerly direction south 41 degrees 07 minutes west 244.6 feet to a point; thence turning and running in a northwesterly direction North 48 degrees 53 minutes west 75.45 feet to a point; thence turning and running in a southwesterly direction south 41 degrees 07 minutes west 46.87 feet to a pin; thence continuing in the same general direction south 39 degrees 54 minutes west, 249.66 feet; thence turning and running in a southeasterly direction South 60 degrees 41 minutes East, 22.45 feet to a point; thence continuing in the same general direction south 60 degrees 01 minutes east 218.7 feet to a point; thence turning and running in a northeasterly direction North 46 degrees 45 minutes east 443.9 feet to a point; thence continuing along the same course 203.9 feet to a point; the point of beginning. IT BEING the same property conveyed to Steven A. Kasmauski and Emiko Kasmauski by deed of O. Lewis Melton and Marian E. Melton dated September 18, 1978 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1831, at Page 367. GPIN NO.: 2415-65-6123 5368i CARNE8 BOURDON ~ AHERN P C ORNEY$ AT LAW - 10 - Item 1W-K. IO PUBLIC HEARING ITEM # 40029 PLANNING Attorney 1~ J. Nutter represented the applicant and requested DEFERRAL until the City Council Session of November 28, 1995. Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council DEFERRED until the City Council Session of November 28, 1995, the Ordinance upon application of CENTEX ~ ESTATE CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF CENTEX REAL ESTATE CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-15 Ordinance upon application of Centex Real Estate Corporation for a Change of Zoning District Classification from B-2 Community Business District to R-15 Residential District at the northwest corner of Sandbridge Road and Las Brisas Drive. The proposed zoning classification to R-15 Residential District is for single family residential land use on lots no less than 15,000 square feet. The Comprehensive Plan recommends use of this parcel for retail/service use. Said parcel is located at 1724 Sandbridge Road and contains 19.85 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 Item IV-L.I. APPOINTMENTS ITEM # 4OO3O Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: HISTORIC~ REI~IEW BOARD John M. Baillio REetPPOINTED: James W. Raynor, III William M. Walsh, Jr. Joan L. Wright 2 Year Terms 11/1/95 - 10/31/97 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 Item IV-L.2. APPOINTMENTS ITEM # 39900 ITEM ti 4OO31 BY CONSENSUS, City Council RESCHEDULED: SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - SEVAMP TRANSPORTATION SAFETY COMMISSION November 14, 1995 CITY COUNCIL CONCERNS ITEM # 40032 Council Lady Parker referenced the issue of Shore Drive concerning intoxicated drivers and those not adhering to the speed limit. A grant of $500,000 with a $50,000 available for a consultant was referenced. Council Lady Parker suggested additional police enforcement and trimming of trees rather than expending all these funds. The City Manager advised the Shore Drive Study is almost completed and the City Staff shall bring forward to City Council for their thorough review. November 14, 1995 Item IV-M.1. NEW BUSINESS ITEM # 4OO33 BY CONSENSUS, City Council RESCHEDULED to the NOVEMBER 21, 1995~ SPECIAL CITY COUNCIL SESSION: OPERATION PHOENIX, Princess Anne High School November 14, 1995 Item IV-M.2. NEW BUSINESS ITEM # 4OO34 Upon motion by Councilman Harrison, seconded by Council Lady Strayhorn, City Council AGREED TO ADD-ON to the Agenda: Resolution DIRECTING City Manager, City Attorney and Acting Superintendent of Schools develop text of agreement regarding reconciliation and repayment of the School Board deficit to be presented to the City Council at Special Meeting November 21, 1995; requesting School Board vote on endorsing the plan of consolidation for payroll, purchasing and accounting services with the City's services; ana~ if School Board's policy is against consolidation, directing the City Manager and City Attorney to begin formulation of proposed legislation for presentation to the 1996 General Assembly, enabling the City to require that such consolidation take place commencing with the School System's and the City's 1996-1997 fiscal year. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 Item IV-M.3. NEW BUSINESS ITEM # 40035 Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council AINgPTED: Resolution DIRECTING City Manager, City Attorney and Acting Superintendent of Schools develop text of agreement regarding reconciliation and repayment of the School Board deficit to be presented to the City Council at Special Meeting November 21, 1995; requesting School Board vote on endorsing the plan of consolidation for payroll, purchasing and accounting services with the City's services; and, if School Board's policy is against consolidation, directing the City Manager and City Attorney to begin formulation of proposed legislation for presentation to the 1996 General Assembly, enabling the City to require that such consolidation take place commencing with the School System's and the City's 1996-1997 fiscal year. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 14, 1995 RESOLUTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 WHEREAS, in August, it was reported that the School Board had experienced an Operating Budget deficit for FY 95 in the amount of $7.4 million; WHEREAS, in response to this report, City Council adopted a Resolution on September 5, 1995, directing the City Manager to expedite and expand the scope of the independent audit of the School Board's FY 95 financial books and records; WHEREAS, the independent auditor completed the audit and made a formal presentation to City Council at the Council's meeting on November 7, 1995; WHEREAS, the audit revealed, among other things, that the budget deficit experienced by the School Board was $12.1 million, as opposed to the $7.4 million originally reported; WHEREAS, the School Board on November 7, 1995 adopted a Resolution authorizing the execution of a Memorandum of Agreement regarding reconciliation of the School Board's budget deficit; WHEREAS, the Memorandum of Agreement as adopted by the School Board is unacceptable to the City Council in that the Agreement fails to address in meaningful and specific terms a comprehensive plan for reconciling the budget deficit; WHEREAS, the City Council insists that the School Board acknowledge the importance of reconciling the deficit in terms which will establish moral obligations to the City Council and citizens to be upheld by future School Boards in order to restore public confidence in the school budgetary process and the financial affairs of the School System; and WHEREAS, the City Council insists that the School Board immediately endorse the concept of consolidation of services in the payroll, purchasing and accounting departments with the City's existing functions in these service areas in order to achieve economies of scale and more accountable financial oversight. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The City Council directs the City Manager and the City Attorney, acting with the Acting Superintendent of Schools, to develop the text of an agreement containing specific and meaningful obligations to be imposed upon the School System regarding the reconciliation and repayment of the School Board deficit, such agreement to be presented to the City Council at a special meeting to be held on November 21, 1995. 2. The City Council requests that the School Board, by vote to be taken at its next regularly scheduled meeting, determine whether or not, as a matter of policy, the School Board endorses the plan of consolidation for payroll, purchasing and accounting services with the City's services in such areas. 3. If the School Board's policy is against consolidation of payroll, purchasing and accounting services with the City's services in such areas, the City Council directs the City Manager and the City Attorney to begin formulation of proposed legislation for presentation to the 1996 General Assembly, enabling the City to require that such consolidation take place commencing with the School System's and the City's 1996-1997 fiscal year. Adopted by the Council of the City of Virginia Beach, Virginia, on the CA-6140 Noncode~Schde f. Res R-1 11/14/95 day of November , 1995. - 47 - Item 1V-O. ADJOURNMENT ITEM # 40036 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:45 P.M.. Beverly O.~tIooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 14, 1995