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FEBRUARY 25, 1997 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT cryY- CITY COUNCIL MAYOR MEYERA E OBERNDORF At-Large VICE MAYOR ~VILLJAM D SESSOMS, JR, At La~ge JOHN A BAUM, Blackwater Borough LIN~/OOD 0 BRANCH III V~rgm~a Beach 8ornugh ~/ILLIAM W ltARRISON JR Lynnhaven Borough HAROLD tIEISCHOBER At Large BARBARA M HENLEY, Pungo Borough LOUIS R JONES, ~ays*~ Borough REBA S McCLANAN, Pnncess Anne Borough NANCY K PARKER, At Large LOUISA M STRAYHORN, Kempsvdle Borough ]AMES K SPORE, C~ty Manage~ LESLIE L LILLEY, C~ty Attorney RUTH HODGES SMITH CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA February 25, 1997 OUR N~~ CITY HALL BUILDING 2401 COURTHOUSE DRIVE ~/IRGINIA BEACH VIRGINIA 23456 9005 1757) 427 4303 I. BRIEFING - Conference Room - ae REAL ESTATE ASSESSMENTS - FY 1997-1998 Jerald D. Banagan, City Assessor 2:00 PM II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi Elliott Marmon Temple Emanual Synagogue 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 February 11, 1997 G. 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. RESOLUTION i · Resolution re a policy for sharin9 certain General Fund Revenues between the City and the Virginia Beach School Board. Deferred: 7 January 1997 4 February 1997 11 February 1997 J. ORDINANCES i · · · 0 · · Ordinance to TRANSFER $100,000 from Shore Drive Intersections (CIP #2-133) to Harbour Point Road Extended (CIP #2-218) re increased costs for right-of-way. Ordinance to TRANSFER $217,499 within the FY 1996-1997 Operating Budget of the Comprehensive Services Act Fund re Family Preservation Services as outlined on the five-year plan. Ordinances to authorize temporary encroachments: a· Portion of right-of-way of Lake Joyce, ad3acent to 4339 Lookout Road, to H. Lee Chandler, Jr. re construction and maintenance of a bulkhead, pier, drainage pipe, landscaping berm and plant material (BAYSIDE BOROUGH). be Portion of the City's 300-foot drainage easement, known as Canal No. 2, adjacent to 561 Central Drive to MR Associates, L.C. re construction and maintenance of approximately 80 feet of 21-inch RCP outfall pipe and related riprap (LYNNHAVEN BOROUGH). C· Portions of rights-of-way of King's Grant Road and Brickhouse Court to Coastal Video Communications Corporation, A Virginia Corporation re construction and maintenance of a 2-inch PE conduit to connect its computer lines (LYNNHAVEN BOROUGH)· Ordinance appointin9 viewers in the petition of C. David Whitley for the closure of a portion of Christine Drive, Croatan Beach (LYNNHAVEN BOROUGH)· Ordinance re Tax Refunds in the amount of $5,500.98. Ordinance re License and Special Tax Refunds in the amount of $2,565.80. PUBLIC HEARING - PLANNING 6:30 PM PLANNING BY CONSENT - To b~ determined during the Agenda Review Session. i · NO ACTION ITEM - Deferred by the Planning Commission to 12 March 1997 · a· Application of THE CITY OF VIRGINIA BEACH to AMEND and REORDAIN Section 111 of the City Zoning Ordinance re definition of a lodging unit. Application of NAGINDER S. and SHARANJIT K. DHILLON for a Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Ordinance which require all lots created by subdivision meet all requirements of the City Zoning Ordinance and have direct access to a public street at 3542 Glen Arden Road (KEMPSVILLE BOROUGH). Recommendation: APPROVAL · Application of STEVE FRAZIER and DR. FITZHUGH MAYO for a Variance to Sections 4.1(m), 4.4(b), 4.4(d), 5.5(a) and 5.5(b) of the Subdivision Ordinance. These variances to the City Zoning Ordinance will allow three (3) lots that do not meet the lot-width requirements of the R-40 Residential District; two (2) lots that do not have direct access to a public street; and, waivers of curb, gutter and standard pavement- width requirements on a 22.2-acre parcel on the West side of South Woodside Lane, South of Keelingwood Court (LYNNHAVEN BOROUGH). Recommendation'. APPROVAL · Application of BUBBA CANCER FOUNDATION for a Conditional Use P_~ for a convalescent home on Lot 3, Block 1, Point O'Woods, Section Two (552 West Plantation Road), containing 20,473 square feet more or less (LYNNHAVEN BOROUGH). Deferred: 28 January 1997 Recommendation: APPROVAL · Application of THE RUNNYMEDE CORPORATION for the discontinuance~ closure and abandonment of the following streets (LYNNHAVEN BOROUGH): Pine Street: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66.02 feet in width Third Strew%: Beginning at the Northeastern intersection of Pine and Third Streets and running 412.84 feet in an Easterly direction, 50.02 feet in width Poplar Street: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66 feet in width Recommendation-. APPROVAL · Application of C & C DEVELOPMENT, L.L.C. for the discontinuance~ closure and abandonment of a portion of the East side of Pleasure House Road, beginning 123.17 feet South of Andrew Jackson Lane and continuing 17.37 feet along the Northern property line, variable in width, containing 836 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL · Application of MOTHER SETON HOUSE, INC., T/A SETON HOUSE for a Conditional Use Permit for a grou9 home at the Southeast corner of North Lynnhaven Road and Edinburgh Drive, containing 3.16 acres (LYNNHAVEN BOROUGH). Recommendation'. APPROVAL · Application of DRIVERS MART OF VIRGINIA, L.L.C. for a Conditional Use Permit for motor vehicle sales~ rental and r~ on the West side of Rosemont Road beginning 400 feet more or less North of South Boulevard, containing 14 acres more or less (LYNNHAVEN BOROUGH)· Recommendation'. APPROVAL · Application of MARTIN L., JR. and MARGARET W. CORNICK for a Change of Zoning District Classification of the following, containing 6.107 acres (LYNNHAVEN BOROUGH): Parcel 1: From R-7.5 Residential District to B-2 Community Business District at the Southwest corner of Third and Pine Streets Parcel 2: From B-2 Community Business District to R-7.5 Residential District at the Southeast corner of Fourth and Pine Streets Recommendation: APPROVAL L· APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD M. UNFINISHED BUSINESS 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) * * * * * * * * * * 02/20/97CMD AGENDA\02-25- 97. PLN www. virginiabeach, va. us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H ; 0 S H M B T A S C E S R DATE: February 11, 1997 B R C H C R P E PAGE: I R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N I/A PRESENTATION: Durwood Curling, Exec SPSA ISSUES Dir, SPSA II/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 1 f-0 Y Y Y Y Y Y Y Y Y Y Y IV/V/E SESSION F MINUTES - February 4, 1997 APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y B S T A I N .. D G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S I-I/I/1 PUBLIC HEARING: No Speakers ELECTION DISTRICTS/VOTING PLACES ,I/1 Ordinance to AMEND Sec 10-1 of the ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re polling location: South Beach CONSENT Precinct at Rescue Squad Building/Hunt Precinct at Princess Anne Recreation Center. 2 Ordinance to REPEAL Chapter 4/Article ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/of City code re bingo glmel/raffles. CONSENT (Deferred 2/4/97) 3 Independence Boulevard Phase IV-B ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (Haygood Road/Independence Blvd )/ CONSENT with IV-C (Pembroke Blvd to Haygood Road) understanding (BAYSIDE BOROUGH): traffic light mil be installed at a Resolution re location/major design Independence/ features/authorize utility agreements W'~chduck Road b. Ordinance to authorize acquisition of I~opeHy in fee simple for r-o- w/acquisition of easements by agreement or condemnation 4 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $48,046 Grant from 'Safe from the CONSENT Start'/'Family Crisis/'Fatherhood/ Manhood" programs to MHMRSA/authorize agreements 5 Ucen~e Refunds - $2,307.69. APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT K/1 Resolution re policy for sharing DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Revenues behveen City/School Board 2/25/97 (Deferred Jan. 7/Feb. 4, 1997) Add to Agenda a Resolution re School ADDED 10-1 Y Y Y Y Y N Y Y Y Y Y Formula. ADD Resolution to advise School Board ADOPTED 7-4 Y N Y Y Y N N Y Y Y N ON estimated available local support for Public Schools in FY 1997-1998 I.Jl ANDERSON PARK ASSOC. INC. DEFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y enlargement of nonconforming use to INDEFINITELY expand I~vlng ares/add third story at 106 BY CONSENT 60th Street (LYNNHAVEN BOROUGH) 2 VA BEACH MARLIN CLUB/WALTER ALLOWED 10-0 Y A Y Y Y Y Y Y Y Y Y CASON BARCO closure of portion of ADDITIONAL Greensboro Ave. and portion of DEFERRAL TO Mediterranean Ave, Shadow Lawn 8/12/97 BY Heights (VIRGINIA BEACH BOROUGH) CONSENT (Deferred for Compliance' Jan. 28, 1992 Deferrals: Aug '92; Feb '93; Feb '94; Feb '95, Feb 96) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: February 11, 1997 B R C H C R P E A PAGE: 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N II ~ 3 LEDE~I[ LAND CO closure of 15-foot AUTHORIZED 10-0 Y A Y Y Y Y Y Y Y Y Y alley at Croitin Beach (LYNNHAVEN FINAL BOROUGH) {Deferred for Compliance' APPROVAL BY Aug. 27, 1996) CONSENT 4~a WIRELESS PCS INCJAT&T CUPS' APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y Communication facilities (PRINCESS CONDITIONED/ ANNE BOROUGH): AMENDED Dam Neck Road/Harpers Road (Deferred Belle Road/South Birdneck Road APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y CONDITIONED BY CONSENT i i S LYNNHAVEN UNITED METHODIST DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y CHURCH CUP: Two 13S-foot monoDole 3/25/96 BY towem at 1033 Little Neck Road CONSENT {LYNNHAVEN BOROUGH), 6 JOHN WINSLOW/ELIZABETH WINTERS APPROVED/ 9-0 Y A Y Y A Y Y Y Y Y Y CROMWELL CUP: Shelter for farm CONDITIONED B emDIovees at 3116 New Bridge Road BY CONSENT S (PtRINCESS ANNE BOROUGH). T A I N E D 7 GLENN D. BURCH CUP: Clock repair at APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y 5~3 Challedon Drive (KEMPSVILLE CONDITIONED BOROUGH), BY CONSENT 8 ATRIA COMMUNrrlES, INC. CUP' APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y Assisted Iivlnc]/retlrement housina on Old CONDITIONED _ _ Donation Parkway/First Colonial Road BY CONSENT (LYNNHAVEN BOROUGH). 9 TAYLOR FARM ASSOC. at London DEFERRED 10-0 Y A Y Y Y Y Y Y Y Y Y Bridge Road/Piney Bark Drive INDEFINITELY (PRINCESS ANNE BOROUGH): BY CONSENT a. COZ from AG-I/AG-2 to R-10 b. CUP: Open SDace 10 DEVELOPMENT OPTIONS, INC. DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional COZ from R-5D to INDEFINITELY Conditional B-2 at Lynnhaven Parkway/Salem Road (Salem Crossing Six)PI)lng Center) (KEMPSVlLLE BOROUGH). 11 KING PUTT ASSOC,/BAY ASSOC. APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y conditional COZ from B-2 to Conditional PROFFERED A-24 at 920 General Booth Blvd. BY CONSENT (PRINCESS ANNE BOROUGH). M APPOl NTMENTS: RESCHEDULED B Y C O N S E N S U S CHESAPEAKE BAY PRESERVATION AREA BOARD N/O/I= ADJOURNMENT: 5 00 PM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 25, 1997 Mayor Meyera E. Oberndorf called to order the CITY ASSESSOR'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, February 25, 1997, at 2:00 P. M. Council Members Present: John A. Baum, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorfi Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III, William gE. Harrison, Jr. Harold Heischober [ENTERED: 2:22 P.M.] [ENTERED: 2:35 P.M.] [ENTERED: 2:38 P.M.] Louisa K. Strayhorn [ENTERED: 2:40 P.M.] -2- CITY ASSESSOR'S BRIEFING ESTATE ASSESSMENTS - FY 1997-1998 2:00 P.M. ITEM # 41784 On Friday, February 28, 1997, the Assessor's Office will mail Notices of Assessment }'or the Fiscal Year 1998. Only those property owners whose assessment changed will receive an assessment notice. Approximately 6% of all properties will receive a decrease in assessment and approximately 72% will receive an increase. The average assessment change for individual properties is approximately +3.11%; however, this figure varies citywide depending on the age, type, quality, classification, and location of the property. The average assessment change for residential property is +3.08% and for commercial/industrial property the average change is +3.06%. New construction for the past 12 months amounted to $298-MILLION, which is an increase of $5% from the previous year. Residential new construction was up by 15%, and commercial/industrial new construction was up by 149%. Residential new construction amounted to 72% of the total yearly construction, while commercial/industrial represented 28%. Growth in land due to rezonings and subdivision amounted to approximately $74,166,000. Total growth in land and buildings amounted to approximately 1.6% of the tax base. FY 1998 ASSESSMENTS AS OF JANUARY 1997 BOROUGH TOTAL ASSESSMENT CHANGE Bayside $ 3,221,544,293 Increase 3. 9% Blackwater 46,392, 03 7 Increase 9.8% Kempsville 5, 42 7, 616, 034 Increase 4.1% Lynnhaven 6, 095, 264, 031 Increase 4. 3 % Princess Anne 2,801,640,921 Increase 9.2% PUngo 233,631,239 Increase 7. 1% Virginia Beach 990, 422, 385 Increase 9. 2% TOTAL $18,815,91L143 Increase 4.8% At the current tax rate of $1.22 per $100 of value, the total FY 1998 Assessment will generate $231,591,$16 of Tax Revenue. Each $.01 of the tax rate will generate $1,898,000. Approximately 59% of parcels had an increase of less than 3%. Approximately 94% of parcels had an increase of less than 8%. RESIDENCES Type Number Percent of Median Mean Change In Total Assessment Assessment Mean Single Family 87,419 72.0% $104,000 $130,400 4.0% Townhouse 91,351 16.0% $ 62,900 $ 66,000 1.9% Low Rise 11,306 9.3% $ 66,600 $ 85,200 4.2% Condominium High Rise 1,640 1.3% $121,000 $123,900 1.1% Condominium Duplex/Home 1, 815 1.4% $120, 400 $151, 200 Z 0% with Apartments All 121,531 100 % $ 93,600 $116,200 3.8% Residences I February 25, 1997 -3- CITY ASSESSOR'S BRIEFING REAL ESTATE ASSESSMENTS - FY 1997-1998 ITEM # 41784 (Continued) Approximately 8% of houses are assessed over $200,000. RESIDENCES B Y YEAR BUILT Year Built Number Prior to 1950 3,146 1950 to 1959 10,542 1960 to 1969 20,092 1970 to 1979 28,194 1980 to 1989 47,010 1990 to 1996 12,547 Mean Assessment $146, 700 $110,200 $117,100 $113,900 $106,400 $152,800 The total Commercial New Construction was $82,605,500 an increase of 149% from last year's total of $3$-MILLION. Approximately 60% of the commercial new construction was comprised of five projects: General Foam Plastics property ($13.8-MILLION), Avis Office building ($11.6-MILLION), Lillian Vernon addition ($9.5-MILLION), taxable portion to Cellar Door on Amphitheater ($7.6-MILLION), and Super K-Mart ($6-MILLION). Residential New Construction increased 15%. Last year it was $1$7-MILLION as opposed to $215-MILLION this year. GROWTH AND APPRECIA TION/DEPRECIA TION (July 1 Land Book to July 1 Land Book) Fiscal Year 1997 to 1998 (Projected) Growth Appreciation Assessment Increase $317,077, 788 1.8% 479.906.946 2.6% $696,984,734 4. 4% Fiscal Year 1996 to 1997 (projected) Growth Appreciation Assessment Increase $341,94L012 1.9% 323.535.767 1.9% $665,476,779 3.8% Fiscal Year 1995 to 1996 Growth Appreciation Assessment Increase $309,26L185 1.8% 236628.854 1.4% $545,890,039 3.2% Fiscal Year 1994 to 1995 Growth Appreciation Assessment Increase $246,114,224 1.5% o. 1% $265,396, 445 1.6% February 25, 1997 -4- CITY ASSESSOR'S BRIEFING REAL ESTATE ASSESSMENTS - FY 1997-1998 ITEM # 41784 (Continued) LAND USE VALUES (As proposed by the State) FY 1998 (PROPOSED) 650 FY 1997 620 FY 1996 600 FY 1995 (LOCALLY DETERMINED) 590 FY 1994 57O FY 1993 52O FY 1992 57O FY 1991 (LOCALLY DETERMINED) 650 FY 1990 520 FY 1989 52O FOREST* FY 1998 (Proposed with I 1/2% Risk Added) 525 FY 1997 (1 1/2% Risk Added) 430 FY 1996 (1 1/2% Risk Added) 375 FY 1995 (1 1/2% Risk Added) 360 FY 1994 395 FY 1993 375 FY 1992 355 FY 1991 355 FY 1990 340 FY 1989 335 *Based upon Class III agriculture and good forest Relative the Senior Citizen and Disabled Persons Exemption Program. the total number of recipients is 1,851 for a total exemption of $1,495,359. ,4pproximately 54% of the recipients receive 100%. February 25, 1997 -5- AGENDA RE VIEW SESSION 2:30 P.M. ITEM It 41785 Mayor Oberndorf referenced the following Resolution and inquired relative the number of speakers registered. RESOLUTION L1 Resolution re a policy for sharing certain General Fund Revenues between the City and the Virginia Beach School Board. Mayor Oberndorf advised the citizens do not understand the City Council does not prepare the School Board's Budget. The Budget cotnes from the Superintendent of Schools. Mayor Oberndorf received a call from a Member of the Board of Supervisors of York County who had received a seven-page letter from Superintendent Jenny. The City Manager advised Council Lady Henley informed him of language omitted in the REI~ISED POLICY REPORT on page 7. The City Manager distributed copies of the verbiage to be included in the paragraph beginning "ShouM the Cbuncil determine..: ITEM It 41786 Council lardy Parker inquired if this Ordinance had been requested previously. J. 4 Ordinance appointing viewers in the petition of C. David Whitley for the closure ora portion of Christine Drive, Croatan Beach (L YNNHA VEN BOROUGII). Assistant City Attorney David Hay advised this' particular portion of this street had not been previously applied for as a street closure. ITEM It 41787 BY CONSENSUS, the following items shall compose the CONSENT ~4GEND,4: ORDINANCES J. 1 Ordinance to TRANSFER $100,000 from Shore Drive Intersections (CIP #2-133) to Harbour Point Road Extended (CIP #2-218) re increased costs for right-of-way. J. 2 Ordinance to TR,4NSFER $217,499 within the FY 1996-1997 Operating Budget of the Cotnprehensive Services Act Fund re Family Preservation Services as' outlined on the five -year plan. J.3 Ordinances to authorize temporary encroachments: Portion of right-of-way of Lake Joyce, adjacent to 4339 Lookout Road. to Il. Lee Chandler, Jr. re construction and maintenance of a bulkhead, pier, drainage pipe, landscaping berm attd plant material (B, iE¥IDE BOROUGH). Portion of the City's 300-foot drainage easement, known as Canal No. 2, adjacent to 561 Central Drive to MR Associates, L.C. re construction and maintenance of approximately 80feet of 21-inch RCP outfall pipe and related riprap (LYNNHAVEN BOROUGH). Portions of rights-of-way of King's Grant Road and Brickhouse Court to Coastal F"uleo Communications Corporation, ,4 Virginia Corlngration, re construction and maintenance of a 2-inch PE conduit to connect its computer lines (LYNNIL4FEN BOROUGll). February 25, 1997 -6- AGENDA REVIEW SESSION ITEM # 41787 (Continued) J. 4 Ordinance appointing viewers in the petition of C. David Whitley for the closure ora portion of Christine Drive, Croatan Beach (LYNNHA VEN BOROUGH). J. 5 Ordinance re Tax Refunds in the amount of $5,500.98. J. 6 Ordinance re License and Special Tax Refunds in the amount of $2,s6s. so. February 25, 1997 -7- AGENDA RE VIEW SESSION ITEM # 41788 Councilman Harrison advised his law firm provides legal service for one of the applicants; therefore, he must ABSTAIN. K.3 Application of STEVE FRAZIER and DR. FITZHUGH MAYO for a Variance to Sections 4.1(m), 4.4(b), 4.4(d), 5.5(a) and 5.5(b) of the Subdivision Ordinance. These variances to the City Zoning Ordinance will allow three (3) lots that do not meet the lot-width requirements of the R-40 Residential District; two (2) lots that do not have direct access to a public street; and, waivers of curb, gutter and standard pavement- width requirements on a 22.2-acre parcel on the West side of South Woodside Lane, South of Keelingwood Court (L YNNI-L4 FEN BOROUGH). ITEM # 41789 Councilman Harrison requested discussion during the Formal Session, as there was OPPOSITION: Application of BUBBA CANCER FOUNDATION for a Conditional Use Permit for a convale$ccttt home on Lot 3, Block 1, Point O'Woods, Section Two (552 West Plantation Road), containing 20,473 square feet more or less (L YNNHA FEN BOROUGH). ITEM # 41790 Council Lady Parker advised the re. zoning should be considered prior to the Conditional Use Permit. The applicant, Michael Barrett, Chief Executive Officer - Runnymede, had requested the applications be heard together. Application of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment of the following streets (L YNNHA FEN BOROUGH): Ih'ne Street: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66.02 feet in width Third Street: Beginning at the Northeastern intersection of Ih'ne and Third Streets and running 41Z84 feet in an Easterly direction, 50.02 feet in width Poplar Street: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66 feet in width Application of DRIVERS MART OF VIRGINIA, L.L.C. for a Conditional Use Permit for motor vehicle sales, rental and repair on the West side of Rosemont Road beginning 400 feet more or less North of South Boulevard, containing 14 acres more or less (LYNNHAFEN BOROUGH). February 25, 1997 -8- AGENDA RE VIEW SESSION ITEM # 41790 (Continued) K. 9 Application of MARTIN L., JR. and MARGARET W. CORNICK for a Change of Zoning District Class(fication of the following, containing 6.107 acres (L YNNHA VEN BOROUGH): Parcel 1: From R-7.5 Residential District to B-2 Community Business District at the Southwest corner of Third and Pine Streets Parcel2: From B-2 Community Business District to R-Z5 Residential District at the Southeast corner of Fourth and I ine Streets Council Lady McClanan requested discussion of these items during the Formal Session. Karen Lasley, Planning Project Coordinator, advised concerning the MARTIN L., JR., AND MARGARET W. CORNICK application, ideally she wouM have preferred Conditional Zoning; however, the applicant did not believe he had time to defer and go through the Conditional Zonbzg process. He has worked diligently with his neighbor, Sentara Nursing Home and they have compiled an agreement to record a landscape easement along the property line adjacent to Sentara to resolve the buffer issue. With the Driver's Mart proposal, there are conditions that will require extra landscaping along Sentara Way. Council Lady Henley requested to see the large copy of the site plan for DRIVE~ MART. ITEM # 41791 Councilman Harrison requested DEFERRAL until the City Council Session of March 25, 1997, as per the correspondence of Kathryn R. Jeffries, Director - Seton House. lC 7 Application of MOTHER SETON HOUSE, INC., T/A SETON HOUSE for a Conditional Use Permit for a group home at the Southeast corner of North Lynnhaven Road and Edinburgh Drive, containing 3.16 acres (LYNNHAFEN BOROUGH). ITEM # 41792 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: PUBLIC HEARING - PLANNING Application of NAGINDER S. and SHARANJIT K. DHILLON for a Variance to Sections 4. 4(b) and 4.4(d) of the Subdivision Ordinance which require all lots created by subdivision meet all requirements of the City Zoning Ordinance and have direct access to a public street at 3542 Glen Arden Road (KEMPSVILLE BOROUGH). Application of STEVE FRAZIER and DR. FIIZHUGH MAYO for a Variance to Sections 4.1(m), 4.4(b), 4.4(d), 5.5(a) and 5.5(b) of the Subdivision Ordinance. These variances to the City Zoning Ordinance will allow three (3) lots that do not meet the lot-width requirements of the R-40 Residential District; two (2) lots that do not have direct access to a public street; and, waivers of curb, gutter and standard pavement- width requirements on a 22.2-acre parcel on the West side of South Woodside Lane, South of Keelingwood Court (L YNNHA ~N BOROUGH). February 25, 1997 -9- ,4GEND~4 RE VIEW SESSION ITEM It 41792 (Continued) Application of C & C DEVELOPMENT, L~L.C. for the discontinuance, closure and abandonment of a portion of the East side of Pleasure House Road. beginning 123.17 feet South o. f Andrew Jackson Lane and continuing 17.37 feet along the Northern property line, variable in width, containing 836 square feet (RdYSIDE BOROUGH). Application of MOTHER SETON HOUSE, INC., Th4 SETON HOUSE for a Conditional Use Permit for a group home at the Southeast corner of North Lynnhaven Road and Edinburgh Drive, containing 3.16 acres (LYNNHAVEN BOROUGH). Item L. 7 shall be DEFERRED BY CONSENT until the City Council Session of March 25, 1997. February 25, 1997 - I0 - CITY COUNCIL CONCERNS ITEM # 41793 Vice Mayor Sessoms referenced the correspondence from the Shadowlawn Civic League and the Rudee's Parking. The City Manager advised the 1996 PARKING SUMMARY - PL/INS FOR 1997 will be presented to City Council by Henry Ruiz, Parking Systems Administrator. Vice Mayor Sessoms requested the City Manager address the concerns of the correspondence. ITEM # 41794 Vice Mayor Sessoms referenced solicitation in neighborhoods (leaving advertising leaflets on residents' property), which had been addressed by the Norfolk City Council. Councilman Branch advised the State Law provides the resident must post a sign stating "No Solicitation ", otherwise there is no law which addresses this issue. The City Attorney advised there is a local solicitation ordinance; however, there needs to be a sign posted. The City Attorney's office has in recent months had the police enforce the ordinance. The City Manager and City Attorney will address and coordinate with the City of Norfolk. ITEM # 41795 Councilman Jones advised he was at a breakfast Saturday morning and a lady asked a question relative a Letter to the Editor stating the City had changed its policy relative senior citizens at the Kempsville Golf Course. Council Lady Strayhorn advised this was an issue involving a Senior group which plays golf in the various areas (Chesapeake, Norfolk, Virginia Beach) and there was a dispute at Kempsville Golf Course, where they were made to feel unwelcome. The City staff has responded to the situation relative the handling of tournaments. ITEM # 41796 Council Lady Parker referenced the article entitled "Elite Hotels Downgrade for the Masses" appearing in the Wall Street Journal Council Lady Parker disttibuted copies. February 25, 1997 - 11 - ITEM # 41797 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 25, 1997, at 2:52 P.M. Council Members Present: John A. Baum, Linwood O. Branch, IH, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None February 25, 1997 - 12 - ITEM # 41798 Mayor Meyera E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTII~ SESSION, pursuant to Section Z1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employmeng assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (,4) (1). Appointments - Boards and Commissions: Chesapeake Bay Preservation Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Use of Public Property Multi-Use Stadium 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). Lake Gaston Water Supply Project Contractual Negotiation - Multi-Use Stadium Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (2:54 P.M.) Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None February 25, 1997 - 13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 25, 199 7 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Building, on Tuesday, February 25, 1997, at 6.10 P M Council Members Present John A Baum, Ltnwood O. Branch, III, Wdham W. Harrison, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Absent' None INVOCATION' Rabbi Elhott Marmon Temple Emanual Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank dtsclosed there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either indtvtdually or tn his capactty as an officer of Central Ftdehty Bank The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 1, 1997, ts hereby made a part of the record. February 25, 1997 - 14 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 41799 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business' matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; 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 .4. Baum, Linwood O. Branch, [11. William gE. Harrison, Jr., tlarold Heischober, Barbara M. ltcnley. Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy lC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Memberg Absent: None February 25, 1997 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 # 41792 Page No. 12 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a 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, C°) 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. Rut~ Hodgcs Smith~' CMC/AAE City Clerk February 25, 1997 - 15 - Item V-F. 1 MINUTES ITEM # 41800 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 11, 199Z Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, 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 February 25, 1997 - 16 - Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41801 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 25, 1997 -17- Item V-G. 2. INTRODUCTION ITEM # 41802 Mayor Oberndorf introduced the following BOY SCOUTS in attendance to earn their Merit Badges for "Citizenship In the Community" TROOP 407 SPONSORED BY: BOW CREEK PRESBYTERIAN CHURCH MERIT BADGE COUNSELOR AND TROOP COMMITTEE CHAIRMAN Louise Merchant TROOP 441 SPONSORED BY: CHURCH OF JESUS CHRIST AND LATTER DAY SAINTS February 25, 1997 - 18 - Item P'-l.1. RESOLUTION ITEM # 41805 The following registered to speak: ICtm Ellis, 1169 Little Neck Rd, Phone: 486-8146 Nancy Jacobs, 1416 Needham Court, Phone: 467-8515 Jim Bentley, 2301 First Settlers Avenue, Phone: 430-2461 Marie Zamit, 6110 Oceanfront Avenue, Phone: 422-8445, presented a petition in OPPOSITION, which is hereby made a part of the record. Gail Schwartzer, 1808 Timberwood Lane, Phone: 481-1149 Mike Hammer, 1597 Bay Point Drive, Phone: 625-1214 Judy Ziegler, 4915 Ocean View Avenue, Phone: 363-0317 George Kelly, 4401 Chelsea Street, Phone: 456-0708 Thomas Donahue, 633 Presidential Boulevard, Phone: 498-3563 Jim Hollomon, 4921 Locke Lane, Phone: 495-2771 Keith Gore, 700 Norfolk Avenue, Phone: 428-2281 Gayle Edwards, 801 Goldsboro Avenue, Phone: 428-1262 Kathryn Brunick, 893 Old Cutter Road, Phone: 496-0768 Sarah Blanchard, 920 Twinbrook Court, Phone: 431-0790 Robert Weinstein, 4632 Bradston, Phone: 464-6351 Carol Weinstein, 4632 Bradston, Phone: 464-6351 David Gresans, 5037 Regina, Phone: 464-4685 Larry Lenow, 3205 Monet Drive, Phone: 427-3637 Melody Copper, 445 Kings Grant Road, Phone: 486-0202 Dennis Darby, 800 North Villier Court, Phone: 340-4176 Kevin Mooney, 3336 Regent Park Walk, Phone: 463-1870 Marjorie Boltz, 660 Tyson Road, Phone: 490-3006 Jane Brooks, 721 Hilltop Road, Phone: 425-1597 Yesmai Dhararamsik, 694 Fern Mill Court, Phone: 424-9734 Carolyn Lincoln, 1200 Sotheky Court, Phone: 467-0401 Robin Belinsla', 3921 Wilmington Court, Phone: 471-5436 Heather Berry, 3909 Meroe Court, Phone: 471-5436 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution (Attachment A), City Policy (Attachment D) and Policy Report (Attachment E), (as Revised) to establish a policy for sharing certain General Fund Revenues between the City and the Virginia Beach School Board. Vice Mayor Sessoms advised this establishes the 53.13% of the General Fund revenues and includes the amount of excess revenues shall be shared by the City and School Board in the same proportion that estimated revenues were shared. It includes the establishment of a reserve fund and allows' for the School Board Chairman to make written notice to the City Council concerning the funds needed by the Schools and in turn the City Council will respond advising the funds are available or a tax increase would be required. February 25, 1997 - 19 - Item V-I.I. RESOLUTION ITEM # 41803 (Continued) The following verbiage shall be included in the paragraph beginning "Should the Council determine.. on page 7 of Attachment E. "Should the Council determine that additional funding cannot be made available without an increase in local tax rates, it shall formally notify the School Board. The School Board shall then request of Council an increase in local tax rates to a level necessary to generate the additional funding after the School Board has hem a public hearing on the issue of whether local tax rates shouM be increased for Schools and for what School purposes. The School Board will provide such request in the form of an approved School Board Resolution. City Council shall consider such request, and its discretion determine the appropriate action, including consideration of a referendum on the school budget and associated tax increases. City Council does not intend to consider any request from the School Board for increased local tax rates for school purposes except pursuant to this policy. Otherwise, it would be Council policy to provide funding at the revenue sharing policy level If,, after deliberation and appropriate public involvement, including the results of any referendum held, the Council supported a tax rate increase for Schools, the increase would become a part of the School revenue share for the fiscal year budget being developed and for all future fiscal years. An example of such an adjustment is included in Attachment B of this report. Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Louis R. Jones and Reba S. McClanan Council Members Absent: None February 25, 1997 AT~A~ A 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A RESOLUTION ADOPTING A POLICY FOR THE SHARING OF CERTAIN GENERAL FUND REVENUES BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH SCHOOL BOARD WHEREAS, each year, the Virginia Beach School Board is required to submit a proposed budget to City Council, and the council must decide to either approve the Board's budget, as submitted, or reduce funding to the Board, based upon the availability of local revenues to fund both local government programs and public education; WHEREAS, the City Manager has provided City Council, and the Council has reviewed, a Policy Report entitled "Virginia Beach Revenue-Sharing Policy for City/Public School Purposes;" and WHEREAS, City Council has determined that adoption and implementation of the revenue-sharing policy recommended in said Report is the most prudent method by which to allocate to the City of Virginia Beach and the Virginia Beach School Board, respectively, certain General Fund revenues estimated to be available in a given fiscal year to fund a portion of the City's budget, and to fund the local share of the School Board's operating budget, local debt service costs, and pay-as-you-go capital improvements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby adopts the attached policy for the sharing of certain General Fund revenues between the City of Virginia Beach and the Virginia Beach School Board. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 CA-6517 ORD I N \ NON COD E \ REV SHARE. RES R-2 PREPARED: 12/18/96 day of February , 1997. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Law City Council Policy i , Title: Policy for the Sharing of Certain General Fund Revenues Between the City of Virginia Beach and the Virginia Beach School Board ! Date of Adoption: 02/25197 J Date of Revision: I Index Number: 6.02 Page I of 2 1.0 Puroose The purpose of this policy is to establish a procedure for allocating to the City of Virginia Beach (the "City") and the Virginia Beach School Board (the "School Board'), respectively, certain General Fund revenues estimated to be available in a given fiscal year. 2.0 Council Policy 2.1 Beginning with the development and adoption of the operating and capital budgets for Fiscal Year 1997-98, 53.13% of the General Fund revenues estimated to be generated from the real estate, personal property, general sales, utility, cellular telephone and business license taxes, and from cable television franchise fees, shall be allocated to the School Board to fund the local share of the School Board's operating budget, local debt service costs, and pay-as-you-go capital improvements. The remaining 46.83% of such revenues shall be allocated to the City to fund a portion of the City's operating and capital budgets. 2.2 If, at the end of the fiscal year, the actual revenues generated from the above-referenced sources ("actual revenues") exceed the revenues that were estimated to be generated from those sources ("estimated revenues"), the amount of excess revenues shall be shared by the City and the School Board in the same proportion that estimated revenues were shared; provided that such excess revenues shall only be shared after the necessary resources for the Fund Balance Reserve Policy have been determined and fulfilled. If, however, the City anticipates, at any time during the fiscal year, that actual revenues will fall below estimated revenues, the School Board, upon notification by the City Manager of such an anticipated shortfall, will be expected to reduce expenditures, to the extent possible, in an amount up to, but not to exceed, 53.13% of the anticipated shortfall. Finally, if, at the end of a fiscal year, actual revenues do, in fact, fall below estimated revenues, and the amount of the School Board's reduction in expenditures is less than 53.13% of the actual shortfall, the City reserves the right to reduce the amount of any surplus returned to the Board in an amount up to, but not to exceed, the difference between the amount of the Board's reduction in expenditures and 53.13% of the actual shortfall. 3.0 Procedure to Accomolish Policy The City Manager shall use the above-stated revenue-sharing methodology in the development of the proposed operating and capital budgets to be presented to City Council as part of the annual budget preparation/review process. The City Manager shall further use the procedures and processes set forth in the attached Policy Report entitled 'Virginia Beach Revenue-Sharing Policy for City/Public School Purposes," a copy of which is attached hereto and incorporated in this policy. Title: Policy for the Sharing of Certain General Fund Revenues Between the City of Virginia Beach and the Virginia Beach School Board Date of Adoption: 02/25/97 I Date of Revision: Index Number: 6.02 Page 2 of 2 4.0 ResoonaibiliW of School Board 4.1 If the School Board determines a need for additional local funding to maintain its current level of operations, or to provide for additional initiatives, it shall make a formal written request to City Council, through its Chairman, stating the purpose(s) for which the additional funding is needed, and the amount of additional funding required. 4.2 If City Council determines that additional local funding cannot be made available without an increase in local tax rates, it shall formally notify the School Board. The School Board shall then request City Council to increase local tax rates to a level necessary to generate the additional funding after the Board has held a public hearing on the issue of whether local tax rates should be increased for the purpose of providing additional funding for specific public education purposes. City Council does not intend to consider any request from the School Board for increased local tax rates for public education purposes unless the request is submitted in accordance with this policy. 5.0 Revisions to Policy This policy shall be reviewed, and revised as appropriate or necessary, (a) whenever a rate increase for any of the above-referenced taxes has been adopted; (b) whenever the funds made available to the School Board pursuant to this policy, when combined with estimated federal and state revenues available to the Board, are not adequate to meet the State Board of Education's mandated "standards of quality"; and (c) periodically, in the discretion of City Council, but in any event, not later than December 31, 2O0O. Approved as to Content: Director of Management Services Date Approved as to Legal Sufficiency: City Attorney Date Reviewed by: City Manager Date APPROVED BY CITY COUNCIL: Mayor Date Policy Report Reviston Number 2 Agenda Date ~ VIRGINIA BEACH REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES BACKGROUND The V~rg~n~a General Assembly and the people of V~rgln~a provided for popular elect~on of school board members, effective ~n '1994 The power of taxation was not prowded such elected school boards Th~s fundamentally changed the relationship of school boards ~n V~rg~n~a to the local governing bodies in that board members m~ght reflect d~fferent platforms than the local governing body, thus setting up two sets of c~t~zen priorities to be acted upon by the two bodies School systems, ~nclud~ng V~rg~n~a Beach, are seeking more fiscal autonomy ~n order to respond to their constituencies However, under the V~rg~n~a Constitution, and for the foreseeable future, the C~ty Council retains sole respons~b~hty and authority to levy taxes for local government needs, including education During the same t~me that V~rgima Beach saw a transition to an elected School Board, ~t was also matunng as a C~ty Th~s maturation brought to both C~ty government and to the Schools the challenges of changing demographics and aging ~nfrastructure maintenance Th~s, coupled w~th a decline ~n federal support, stagnant growth in state basic a~d for education, and slower growth ~n the pup~l population has led to requests ~n recent years for local tax support for education which, even ~f possible ~n the short-run, could not be sustained over t~me To add to these concerns, local revenue growth has been subject to s~gn~ficant fluctuation over the decade of the 1990's It ~s also clear that local revenues, on average, w~ll not grow as rapidly as was the experience of the 1980's. These changes have led to the emergence of two ~mportant trends ~n V~rgima Beach. D~sagreement over allocations of funding between the C~ty and the School Board have cleady ~nd~cated that the present allocation mechanism and process, despite the good wdl and best efforts of many, requires a change Demands for non-school related spending ~n the C~ty are growing, raising the potential for a pubhc sh~ft~ng of priority away from School spending For example, juvenile crime concerns are ~mpact~ng police, courts, related services, and has created the need for the construction of the C~ty's first juvende detention facd~ty which, when opened, wdl cost the C~ty an estimated additional $1 m~ll~on per year to operate Th~s comes w~th~n recent memory of past questionable School construction priorities and costs The current School Board and administration has worked to restore pubhc confidence ~n School administration and needs the assurance that School funding ~s protected from a possible backlash response, and that a fair share of revenue growth of the General Fund of the C~ty always be available to the School Board. An altemat~ve method of establishing a predictable means of shanng fairly and objecttvely expected local revenues should enable the School Board members to better assume their respons~bd~ty for the allocation of avadable resources to meet the educational needs of all the C~ty's pubhc school students At the same t~me, such a process wdl provide a stable platform to protect the level of school funding ~n the face of pressing demands for other C~ty services--needs ~n public safety, roads, mass transit, and hbranes, to name a few Policy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 The ability to predict future resources would a~d the Schools ~n strategic planning and management Th~s report examines the establishment of a mechanism to share local revenues, and the growth of those revenues (not associated w~th tax rate changes) between School and C~ty programs, on a predictable bas~s which would allow greater ease ~n determ~mng future local resources for School purposes CONSIDERATIONS 1. Budgetary Considerations The very nature of this ~ssue makes ~t, pnmanly, one w~th budget considerations These are d~scussed in detail following. A The implementahon of an established methodology to d~stnbute avadable resources of the government would allow long range program and budget planning for the Schools, and would establish a balance between School programming needs and the needs of the w~de range of other government programs of the C~ty This would reduce the feeling among School staff and C~ty staff that they need to sell "their" programs over other programs dunng the budget development process In that many agencies contribute to meeting the total needs of our chddren (e g, L~branes, Parks and Recreation), so also do Schools support the strategic goals of the C~ty beyond education (e g, economic wtal~ty, stable famdies ) The Iowenng of compet~bve bamers would foster a systems approach to these goals among all agencies supported by the tax payers An additional benefit would be to allow the School Board to hear c~t~zen concerns about Schools, while City Council would hear concerns focused on general government The proposed policy would not change the current manner ~n which any year-end School Operabng Fund balances of the Schools are handled These would continue to be made avadable to the School Board for non-recurring expenditures Year-end excess revenues over estimated revenues for those revenues designated ~n the Policy would be pooled and, after fulfilhng fund balance reserve requirements, the remaining excess revenues would be d~wded between C~ty and School needs, utdlz~ng the same percentage shares as used for the fiscal year from which the revenues derived These funds would be d~stnbuted after final financial "books were closed" for the given fiscal year As w~th other year-end balances, these would be restncted to use for non-recurnng expenditures such as capital outlay, buy down of future School related debt, or planned major fac~hty rehab~htahon or renovahon C A budgetary allocation pohcy can be based upon a "revenue shanng model" or an "expenditure growth model" Revenue shanng allocates a share of available revenues, according to a pre- determined equation, whereas an expenditure growth model m~ght, for example, define an allocation for schools as "last year's funding plus ~nflahon and pup~l growth" The revenue shanng model has been proposed for V~rg~ma Beach for several reasons which ~nclude 1) The revenue sharing model can be applied fairly The result of the pohcy ~s an amount of resources for Schools and an amount for all other C~ty services Thus, ~f School needs exceed the revenue share for Schools, the School staff and Board members could present that need to the Councd and the public Likewise, if other C~ty programs are pressed to grow beyond their allocahon, then C~ty staff must persuade the pubhc that the new revenues are required 2) The revenue sharing model is the most commonly used by other Iocahties 3) Given legal requirements that local government expenditures not exceed avadable revenues, and the real hm~tahons on revenue growth, an expenditure growth model cannot be applied fairly to all programs W~th I~m~ted revenue growth, the guarantee of a certain level of expenditure growth to some programs does so by denying the same growth to other programs. Revenue sharing allows growth to be spread fairly among vanous programs. Policy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 4) A basic premise of public budgeting is that budgets must be revenue based-revenue driven, not needs based This ~s true because "needs" are wrtually hm~tless and they are hn the eye of the beholder", whde revenues are I~m~ted There ~s always a greater demand for government spending than can be supphed An expenditure growth model or s~mdar model based on "needs" ~gnores th~s reahty. 5) An expenditure based model ~mphes that current expenditure levels are the "base" and all new programs and ~n~t~at~ves are dependent upon expenditure growth Both the changing environment of the C~ty, and real fiscal restraints require that ex~st~ng programs be rewewed ~n light of strategic goals, key ~nitiat~ves, and program effectiveness A revenue sharing model is a better model in that ~t encourages staff of both the C~ty and the Schools to seek out programs which m~ght be d~scont~nued or restructured to free up ex~stmg resources for growth of another program Expenditure growth models, conversely, tend to reward those programs which spend more 2. Legal Considerations: There am several legal considerations that ~mpact local funding for education A The Code of V~rg~n~a (Chapter 8 Article 1) requires that a local governing body appropriate to pubhc schools funds adequate to prowde the apportioned local cost of meeting the standards of quahty established by the State The C~ty of V~rgln~a Beach currently prowdes local resources more than 40% over the standards of quality apportionment In that the proposed revenue sharing pohcy ~s based on current resources, there should be no legal ~ssues w~th the local support which would be provided to Schools under the proposed revenue shanng pohcy If the State were to dramatically alter educational funding formulas, an adjustment to the pohcy m~ght be needed. Whde them am acknowledged hmitat~ons on the School system's abd,ty to reduce expenditures during a School year, due to contractual obhgat~ons, the proposed revenue shanng pohcy provides that the School system would be expected to reduce expenditures, upon nohficat~on by the City Manager of s~gnlflcant revenue shortfalls ~n the revenues ~dent~fied for shanng Wh~le ~t ~s desirable that the Schools would share ~n the shortfall on the same percentage bas~s as the total resources shadng occurs, some flex~bd~ty on this ~ssue must be retained by the C~ty Manager to consult with the Superintendent regarding ~mpacts of any reduction ~n a g~ven year C This ties to another legal (and practical) consideration related to the need for a revenue shanng policy that of the I~m~ts on Councd oversight of the Schools finances and budget, and the concomitant power whmh th~s provides the School Board These hm~ts are often not well understood and are re-~terated here The C~ty Council cannot change a budget appropnat~on to Schools, once ~t ~s made, except w~th the agreement or by the request of the School Board Further, once the funds are appropriated, the School Board has full d~scret~on as to their use In making appropnabons to the Schools, the Councd ~s I~m~ted as to the level of detad at which appropriahons can be made It can make appropnahons for the School Operahng Fund at no greater level of detail than the broad "categories" of (1) Instruction, (2) Administration, attendance and health, (3)Pup~l Transportation, (4) Operation and Maintenance; and (5) Facd,hes Typmally, the "Instruction" category represents 80% of the total School Operating Fund budget The School Board has full discretion ~n d~rechng resources within these broad categories Thus, the C~ty Councd, for example, cannot d~rect resources toward or away from add~bonal School personnel, toward or away from new or expanded School programs, or toward or away from classroom supplies and materials Th~s contrasts w~th the C~ty Council's legal abd~ty to provide ~n-depth review and d~rechon regarding levels of funding Pohcy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 and priorities for all other departments of the C~ty--even those operated by consbtut~onal officers What is proposed in this report is the establishment of a C~ty Council policy The Counc,I has the legal ability to d~rect the C~ty Manager to "earmark" or "fence" a particular amount of local revenues for any purpose it deems appropriate In the case of Schools, Standards of Quahty funding must be met, as noted above Th~s policy would establish gu~dehnes for the level of local resources earmarked for all educational purposes--SOQ and above that level, for the local share of operations, pay-as-you-go capital ~mprovements and debt service 3. Personnel Considerations: In that Schools would receive the full local revenue allocation for School purposes, w~th no set-aside for salanes and fnnge benefits, a budget developed by the Schools could ~nclude any proposed salary or fnnge adjustments for all School personnel Th~s would mean that the current practice of the C~ty Council providing the same percent of payroll for both C~ty and School salary and fnnge ~ncreases would not continue Whde th~s might lead to some perception of d~spanty between treatment of Cfty and School employees, the need for Schools to reflect State achon relative to support for teacher pay, the practice of "meet and confer" conducted by Schools, and fundamental d~fferences ~n pay structure have h~stoncally made some d~spanty ~nev~table Again, th~s ~s consistent w~th the ~dea of greater fiscal autonomy In states where school system had ~ts own taxing authonty, there ~s httle effort to coordinate pay increases w~th other jurisdictions 4. Comparability to other Localities: V~rg~nia school systems are prowded program d~rect~on from the State, w~th some funding to support mandates Th~s makes ~t ~s useful to compare how local government ent~t~es determine the level of local revenue support for their Schools A survey was done of Hampton Roads c~bes and other large counhes and c~t~es ~n V~rg~n~a from November 20 to November 26, 1996 Attachment A provides a summary of that survey. General observations about the results follow · The policies of those surveyed varied from formal revenue shanng formulas to rehance on negotiations between school boards and local govermng bodies Most local budget agencies at least have a "rule-of-thumb" guidehne for growth in local support to Schools Most Iocaht~es have been using e~ther their current rule or an actual allocabon pohcy for three to five years · Localities w~th rapidly growing student populahons tend not to have a formal policy and seem resigned to much pubhc d~scuss~on of adequate funding levels for school operations and capital Those Iocal~bes which used a percent of expenditures as the bas~s for allocahon tended to abandon the allocabon pohc~es when school needs for new capital or major renovations caused "sp~kes" ~n ~denhfled needs Those Iocal~hes which had allocation methodologies which e~ther adjusted for debt service, or included debt service in the school allocahon, d~d not experience these d~fficulbes, as their schools wove capital needs ~nto their operational plans over t~me · Based on survey results, it ~s clear that any allocation policy needs to be reviewed and possibly updated penod~cally to address changes ~n funding m~x, or operation to capital ratios for schools 5. Scope and Process: The proposed action of th~s report ~s the estabhshment of a C~ty Councd pohcy, to be effechve ~mmed~ately for the FY 1997-98 budget development process now ~n progress Th~s recommendation is brought forward at this time, in part, as a response to the call for "fiscal autonomy" made by the supenntendent, and in response to the growing need to address the matter forthrightly ~n a period of transition to dual elected bodies A C~ty Council policy ~s recommended for establishment because ~t ~s C~ty Councd alone, under current V~rgm~a law, that can allocate funds They cannot and should not abdicate that respons~blhty Further, th~s process is equally binding on C~ty departments, a direct Councd oversight respons~bd~ty. Pohcy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 This policy ~n no way infringes on the School Board's responsibility for School pohcy development, nor does ~t restdct Board priodty setting among current programs nor ~mplementmg new m~t~at~ves Th~s pohcy does not restrict the amount of local funding the School Board can request The Board w~ll retain responsibility for ensuring State mandates are met w~thin their proposed program and budget The proposed pohcy is inclusive of all General Fund support for education--operabons, pay-as-you-go capital projects, and debt servme for School projects. Th~s ~s recommended to Provide the School Board incentives, over time, to manage the cost of School capital projects utd~z~ng debt service If these costs could be reduced or held constant, future shared revenues for Schools would have a larger port,on to d~rect to operational needs Encourage adequate attention to maintenance of the ex~st~ng extensive School ~nfrastructure so that programming of needed renovations and system rehabd~tat~on ~s not secondary to construction of new facd~t~es When th~s occurs, whether m the Schools or C~ty facd~t~es, maintenance costs ~n the operating budget tend to rise Identifying to the School Board the full amount of local resources avadable helps them to find the right balance on the "renovatmon-more maintenance" continuum. Give the pubhc the entire p~cture of what resources are directed to educahonal purposes ~n the C~ty Th~s ~s consistent w~th national trends towards cost center accounhng, which captures all costs related to the dehvery of a servme. In that each new State mandate for a smaller class creates demand for more classroom space, captunng th~s data ~s ~mportant and can help the School Board articulate to the State the enbre support prowded by the General Fund ~n hght of emerging demands which may be made by new mandates A proposed annual t~metable / cycle of how the revenue shanng policy would be ~mplemented ~s presented at Attachment C PUBLIC INFORMATION Wh~le th~s proposal does not require any formal public heanng, ~t ~s anbc~pated that, ~f approved by Councd, every effort would be made to provide a summary explanation of the pohcy to the pubhc, as well as School and C~ty employees to ensure as full understanding as possible ALTERNATIVE COURSES OF ACTION There are three possible courses of action (1) Retain the current funding mechanism, (2) Adopt a revenue shanng formula, or (3) Pursue fiscal autonomy for the Schools Th~s latter alternative depends upon leg~slatwe action and, therefore, does not prowde an ~mmed~ate response to financial planning ~n the Schools and C~ty The alternatives are discussed below 1. Retain Current Funding Mechanism: The current funding mechanism for Schools rehes upon ~nformal commumcabon between School and C~ty staff However, th~s ~n no way constrains School staff ~n their preparation of a proposed budget which ~s presented to the School Board The School Board, after workshops on the budget and public heanngs, has often ~ncreased the proposed budget prior to submission to the C~ty Councd, absent a full p~cture of what the real resource constraInts may be. In that total revenue growth for the City has been steady but modest in recent years, resources have not been available to fully fund recent School Board requests Th~s has left the C~ty Councd to determine, based on comments from some parents, School employees, and c~t~zens what the "basra" funding needs are for Schools Weaknesses of th~s system are that the Councd does not have the detaded knowledge of educational ~ssues, must make decisions based on summary ~nformat~on, and lacks the legal authonty to specifically allocate funds for those programs considered pnont~es When a funding level ~s estabhshed, the School Board must rework the School budget to bring program allocabons ~n hne w~th avadable resources Th~s creates an additional workload on the School Board, and does so ~n a chmate ~n which they appear to be "taking away" from some program areas and consbtuents Pohcy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 2. Adopt a Revenue Sharing Policy: This alternative would establish a City Councd policy by which a s~gn~ficant set of General Fund revenues of the government would be allocated to Schools and general government functions, including debt service An expenditure bas~s for allocabon was not proposed because ~t could not y~eld a predictable method for resource due to var~ahons over hme ~n expenditures for Schools, and the total C~ty budget, depending on special ~n~t~at~ves and the avadabd~ty of State funding Absent an unforeseen economic downturn (e g, Persian Gulf War) revenues grow at a relattvely predictable rate over hme, and thus promde a real~st~c planning tool for resource allocation A revenue shanng pohcy would prowde Schools total flex~b~hty to adjust to ~ncreases ~n State or Federal revenues, w~thout the poss~bd~ty of local revenues being less, ~f other sources were more ~n a g~ven year The revenue sharing pohcy would define available local resources for School operational, capital pay-as- you-go, and debt service needs. Prehm~nary allocation would be based on annual October 1 revenue estimates Updates would be made during budget development, based on December 31 revenue collections The School budget staff would be ~nv~ted to be a full participant in the revenue estlmabng process and C~ty budget staff would be available to share in present~ng the ~nformabon to the School Board Table I shows the revenue sources to be shared TABLE I: REVENUES IN SHARING POLICY REVENUE TITLE 1996-97 BUDGETED REVENUE Real Estate Tax $226,534,820 Personal Property Tax $68,103,897 General Sales Tax $34,342,061 Ut~l~y Tax $24,937,020 Cellular Phone Tax $1,293,064 Bus~ness Lmenses Tax (BPOL) $22,543,335 Franchise Taxes - Cox Cable $2,647,555 TOTALS $380,401,752 SCHOOL SHARE (53 13%) $202,121,285 Revenues selected for ~nclusion were local taxes of the government which represent the major, cons/stent sources of revenue growth and which are not tied d~rectly to a specific program expense These could be expected to provide for long-term, local resource growth for School operations, capital, and debt service Other local tax revenue sources are, for the most part, committed for specific program support (such as admission taxes and hotels taxes for TGIF and advertising ) Some smaller sources, such as c~garette taxes, are not considered growth revenues and were thus, excluded as not meeting the criteria of stability and resource growth Some local non-tax revenues available to the government (e g, permit fees, fines, sale of publications) are not ~ncluded ~n th~s calculation because they vary, depending upon use and activities ~n the commumty, thus hm~tmg ability to accurately predict these revenues over t~me Further, these revenues are often bed to specd~c expenditures which produce the revenue (e g, recreahonal fees and conduct of recreahonal classes) The Schools have the ab~hty to generate s~m~lar revenues from School operations, and growth ~n these revenues are available to Schools, exclusive of any revenue shanng policy If General Fund fees, fines, and other non-tax revenues were ~ncluded ~n an allocation, equity would d~ctate that s~mdar School Operating Fund revenues be folded ~nto the calculahon Leaving these sources to each fund allows maximum flex~bd~ty ~n balancing fee levels w~th revenue needs for the funds and the cost of programs supported by the fees Th~s pohcy was developed using FY 1996-97 as the base year Those data are d~splayed ~n Table I Applying the School share of 53 13% to prehm~nary estimates of FY 1997-98 would prowde an estimated Pohcy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 $214 9 million in local resources in FY 1997-98 for Schools operating, pay-as-you-go capital, and debt service needs This represents an ~ncrease of nearly $12 8 m~ll~on or 6 3% over FY 1996-97 (see Attachment B ) In choosing FY 1996-97 as the base year, we have chosen the h~ghest percentage School share over the past five years Attachment B documents that the School share of defined local General Fund revenues budgeted for School operations, School debt service, and School pay-as-you-go capital ~mprovements has vaned over t~me w~th FY 1996-97 being the h~ghest year If th~s pohcy ~s adopted, the Council would direct the C~ty Manager to develop prehm~nary revenue estimates each year to prowde an allocation for Schools ~n t~me for operating and capital budget development The revenue share would be forwarded to the School Board and supenntendent, w~th detad prowded for debt, pay-as-you-go capital, and operational costs, based on anticipated debt and revenue capacity Th~s would enable the School staff and School Board to develop a budget w~th the knowledge that, as long as the total budget d~d not exceed the local revenue share estabhshed, further changes would not be necessary due to C~ty resource adjustments Revenue estimates would be updated ~n m~d- February so that the School Board would have the best avadable ~nformat~on for dehberat~ons Should the School Board determine a need for additional funding to maintain ~ts current level of operations or to provide for additional ~n~t~atwes, ~t shall make a formal request to the Councd by ~ts Chairman ~n writing, stating the purpose therefor and the amount of the request Should the Council determine that additional funding cannot be made available w~thout an ~ncrease ~n local tax rates, ~t shall formally not~fy the School Board The School Board shall then request of Council an ~ncrease ~n local tax rates to a level necessary to generate the additional funding after the School Board has held a pubhc heanng on the ~ssue of whether local tax rates should be increased for Schools and for what School purposes The School Board w~ll prowde such request ~n the form of an approved School Board Resolution. C~ty Councd shall consider such request, and at ~ts d~scret~on determine the appropriate action, ~nclud~ng consideration of a referendum on the School budget and associated tax ~ncreases City Council does not ~ntend to consider any request from the School Board for ~ncreased local tax rates for school purposes except pursuant to th~s policy Otherwise, ~t would be Councd pohcy to prowde funding at the revenue shanng policy level If, after deliberation and appropriate pubhc ~nvolvement, ~nclud~ng the results of any referendum held, the Council supported a tax rate increase for Schools, the ~ncrease would become part of the School revenue share for the fiscal year budget being developed and for all future fiscal years An example of such an adjustment ~s included ~n Attachment B of th~s report In that th~s ~s, primarily, a pohcy to enhance budget development and planning, ~t ~s by nature forward looking, and ~s based on estimated revenues for a future fiscal year To ensure the pnnc~ple of fa~mess ~n the event of actual revenue collections exceeding estimated revenues, any such excesses ~n the designated General Fund revenues would be shared on the same percentage as was ~n effect for the fiscal year for which the revenues were received Such allocation would occur only after debt reserve pohcy cntena were fulfilled after the final closing of financial books for a the fiscal year Consistent w~th financial requirements for all such year-end balances, these funds would be appropnated to Schools by City Councd action. Policy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 TABLE II · SUMMARY OF ADVANTAGES AND DISADVANTAGES RETAIN CURRENT METHOD I ADOPT A REVENUE SHARING PURSUE FISCAL AUTONOMY I ADVANTAGES · · · Provides maximum flexibility to the City Council · Provide a more appropriate mechanism for response, when revenues and population are growing rapidly · Complies with current State code requirements for School funding Allows citizens a clearer focus as to which elected body makes School policy versus City policy · Provides better resource estimate to Schools for multi-year planning · Limits competition between School & City programs--fosters cooperation · Prowdes the School Board a clear mark against which to prioritize the many requests from constituents · Provides a sense of balance between School and City program needs · Allows City Council to focus more on other City programs · Provides the School Board flex~b,hty in allocating future resources between operations and capital · Complies with current State code requirements for School funding · Creates a "first-step" towards fiscal autonomy for Schools · Provides Schools a specific share of local resources, regardless of State funding initiatives Provides the School Board total flex~bdity in representing needs to citizens · Allows City Council to focus more on other City programs · Allows citizens a clearer focus as to which elected body makes School versus City policy · Provides the School Board flexibility in allocating future resources between operations and capital · Prowdes Schools a specific share of local resources, regardless of State funding imhatives DISADVANTAGES · Makes year-to-year planmng for School needs uncertmn · Creates a sense of compet~hon between School and City programs and fosters conflict rather than collaborat,on · Does not provide the School Board a vehicle for articulating a need to prioritize the many competing requests from constituents · Does not link operat,ng budget & ClP · Does not fully recognize legal limits on Council allocation of School funds · Reqmres the School Board to stdl work with Council ~n requesting tax Increases of citizens · Council sbu retmns respons~bd~ty for tax increases, without detailed appropriation authority for School expenditures, · Current State law does not provide for this and such authority could take at least 3-5 years to obtain · In states with autonomous school districts, compet[hon between schools and local government programs for tax ~ncreases is often intense · Depends upon citizens becoming ~nformed enough to act appropriately on requests for increased resources 3. Pursue Fiscal Autonomy for Schools: Th~s ~s one of the ~n~t~at~ves recommended for further consideration ~n the current V~rg~n~a Beach School Supenntendent's Proposed Strategic Plan Autonomy, defined as ~ndependent taxing authonty, requires action on the part of the V~rg~n~a General Assembly and, ultimately, action of statew~de voters This requirement means taxing authonty ~s at least three to five years away. If such authonty were enacted, ~t would, ~n all I~kel~hood, m~rror the prows~ons for elected school boards ~n ~ts local option mechanism It is uncertain whether the c~t~zens of V~rg~n~a Beach would grant taxing authonty to another enbty besides the C~ty Council If pursuit of such autonomy ~s desired by the Councd, inclusion of such an ~tem ~n future leg~slatwe agenda packages should be considered Pnor to necessary legislative action for autonomy, the implementation of a revenue shanng policy could be v~ewed as the "first step" towards fiscal autonomy It would establish a port,on of local revenues which would be avadable to Schools for operahons, pay-as-you-go capital, and debt service, and would help staff and constituents begin to exphc~tly ~denbfy a set of resources for School needs as separate from resources for general government Pohcy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 RECOMMENDATION The estabhshment, by Councd Resolution, of a formal revenue sharing pohcy as described above ~s recommended. The movement to an elected School Board ~n V~rg~nia Beach has ~ncreased the ~ndependence of that Board Absent from th~s ~ndependence has been the abil,ty of the Board to determine ~ts own financml future In that State Code does not prowde for total ~ndependence through taxing authority, the estabhshment of a pohcy by whmh a set proportion of local revenues are prowded to Schools ensures a level of ~ndependence currently not in place. The Superintendent's Proposed Strategic Plan emphasizes ~ncreased flnanc,al respons~b~hty for the Schools and ~ncreased accountabd~ty to the public for both the ~nputs and the outcomes of the school system an emphas~s consistent w~th C~ty Council d~rect~on Neither the C~ty nor the Schools can make long-term plans ~f financial resources are h~ghly unpredictable due to the press of many needs on a hm~ted resource pool Estabhshmg a pohcy to equitably share avadable revenues among the many program needs of our c~t~zens hfts School staff and Board members from the role of supplicant to the Council and allows the School Board and Council members to be partners ~n creating our future Pohcy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 ATTACHMENT A VARIOUS VIRGINIA LOCALITIES' METHODS FOR ALLOCATION OF LOCAL FUNDING TO SCHOOLS JURISDICTION I ALLOCATION METHODOLOGY Chesterfield Schools receives 71% of property tax (personal and real estate) for local shanng of County operabng costs and school debt service There ~s no prows~on for Schools to reqdest tax Elected School 8oard ~ncreases for needs beyond the 71% allocabon Schools share ~n year end balances after General Fund balance pohc~es are met Fairfax County No official allocabon formula--Schools receive approximately 50% of General Fund Elected School Board d~sbursements for local share of operabons, but there ~s no official pohcy to mamtmn that level Henrico County Revenue based budget targets are prowded to all County departments and Schools as Elected School 8oard guidance for budget development Any requests ~n excess of th~s amount are considered "supplemental requests" and are subject to negobabons bed to avadabd[ty of revenues Loudon County No real formula--School Board submits a budget to the County Board of Supervisors, and Elected School 8oard the Board of Supervisor dec~des on an amount of funding Prince William In past years, Schools had received 49% of basic General Fund revenues for local share County of operations and debt service However, in 1996-97 budget development, the need for 4 Elected School 8oard new schools caused th~s percentage sharing agreement to be overridden In heu of the pre-determined formula, program and capital needs were pnont~zed and Councd dec~ded what to fund Chesapeake No real formula-negotiate with Schools Elected School 8oard Hampton No formal formula, but rule of thumb that Schools receive a share of General Fund Elected School revenue growth t~ed to total percentage growth of General Fund revenues VV'rth~n th~s 8oard amount, any salary adjustment, bus replacements, etc must be covered H~stoncally, Crty Council has changed little from the revenue growth amount Newport News Schools ~s g~ven a target based on past expenditures, plus any COLA, salary increases, Elected School 8oard or ~ncreased bond costs. The Schools try to adhere to target amount, but the variances are the subject of many meebngs between School and C~ty staff Norfolk General Fund support for Schools grows as a percent of C~ty revenue growth (exclusive Appointed School of dedicated taxes and revenues) AFTER new revenues are adjusted for ~ncreases ~n Board debt service Revenue growth projections are arnved at jointly wrth Schools, then ~ncreased debt service ~s deducted from the projected new revenues and the balance ~s allocated to Schools and C~ty operabons, based on each entrty's percentage of the ex~stJng budget This helps Schools balance capital and operating needs over bme Portsmouth Generally try to maintain a constant allocabon as a percentage of total General Fund Elected School Board budgeted expenditures Th~s may vary if the State has s~gmficant shdts because there ~s an attempt to maintain pnor years' funding levels for Schools Richmond The proposed operating budget generally prowdes Schools a budget which ~ncludes 30% Elected School Board of total General Fund resources for local share of School operabons Th~s does not ~nclude debt service for Schools If revenues dechne ~n a g~ven year, Schools wdl receive a lower amount, although rt may not be a proportionate decrease equal to Crty operat]ons because of efforts made to "hold Schools harmless" ~n such cases C~ty Councd hstens to concerns and adjusts the proposed budget for Schools, as they deem appropriate All data were obtained from a telephone survey of budget staff of the listed locahttes November 20 to 26, 1996 10 Pohcy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES ATTACHMENT B OPERATING BUDGET DATA ON HISTORIC AND PROPOSED GENERAL FUND SHARE FOR SCHOOLS February 25, 1997 Historical Budget Data T TOTAL SELECTED GENERAL GENERAL FUND SUPPORT FISCAL GENERAL FUND FUND REVENUES FOR FOR SCHOOLS AS % YEAR SCHOOLS AND GENERAL SUPPORT OF SCHOOLS TOTAL SELECTED GOVERNMENT (operating,PAYGO, debt service) REVENUES 1992-93 $292,877,038 $146,871,525 50.15% 1993-94 $314,172,179 $154,309,003 49.12% 1994-95 $323,133,507 $160,600,018 49.70% 1995-96 $349,094,513 $179,638, 834 51.46% 1996-97 $380,401,752 $202,121,285 53.13% Preliminary Estimate for 1997-98 1997-98 I $404'512'9771 $214,917,745 J 53.13% Projechon subject to rev/s/on through mid-February 1997 School debt service IS projected on currently outstanding bonds and expected bond sale/n Spnng 1997 Hypothetical Future Formula Adjustment · · If, for FY 1997-98, the School Board were to request an increase/n General Fund Resources beyond the 53 13% sharing level, and the City Council instituted a $0 01 real estate tax increase to support such a request, the Schools would receive the enbre value of this increase, s~nce the rate was presented to the public by the School Board This would increase School General Fund resources by $1 86 mill/on, creating the adjustment shown be/ow Note that the percentage change would become the new revenue shanng base for future fiscal years, absent Council act/on to increase revenue rates for City operations 1997-98 $404,512,977 $214,917,745 53.13% Estimated 1997-98 $406,372,977 $ 216,777,745 53.35 % Adjusted General Equation for School Share of Revenue Sharing Policy' (Sum of esbmated General Fund Revenues included in Shanng Pohcy) * 0 5313 = (total local General Fund revenues for School purposes) - (Estimated School General Fund Debt Service transfer) - (Estimated current revenue pay-as-you-go CIP amount) - local General Fund revenue available for School operations EXAMPLE based on Approved FY 1996-97 Operabng Budget $380,401,752 * 0 5313= $202,121,285 - $33,314,872-$1,000,000 = $167,806,413 11 Pohcy Report REVENUE SHARING POLICY FOR CITY \ PUBLIC SCHOOL PURPOSES February 25, 1997 ATTACHMENT C POLICY TIMETABLE AND CYCLE FOR PROPOSED REVENUE SHA~G POLICY 1 On or about Department of Management Services, ~n coordination w~th School staff, October 1 completes prehm~nary General Fund revenue est]mates for the up-coming budget year and calculates preliminary revenue sharing allocal]ons ., 2 October through Schools and C~ty continue to develop budgets based on prehm~nary January allocations and other projected revenues (e g State and Federal) 3 On or before Department of Management Services in coordination with school staff, February 15 completes updated General Fund Revenue esbmates and calculates updated revenue shanng allocations 4 Not later than School Board considers School Operating Budget and School Caprtal March 10 Improvement Program Adopts Budget and CIP for transmittal to C~ty Council If local General Fund tax funding to be requested for the School Operabng budget, debt service, and pay-as-you-go caprtal proJects exceeds the General Fund Revenue estimates, the School Board ~nd~cates this to Council If Council adwses that a tax rate increase would be needed for the additional resources, the School Board holds a pubhc heanng for an increase in local taxes sufficient to fund the gap between the available allocation and the requested amount of local funding $ At least 90 days C~ty Manager submits total Operating Budget and Capital Improvement before July 1 Program to Council The C~ty Manager ~n¢ludes ~n th~s budget a recommendation for schools local tax funding equal to the updated revenue sharing allocation, and forwards to Council any resolubon requesl]ng a tax ~ncrease received from the School Board w~th h~s recommendabon as to ~ts d~spos~t~on. 6 No later than C~ty Council adopts the Operabng Budget and Capital Improvement May 15 Program If a resolubon requesting a tax increase for the School operal]ng budget or capital projects has been received from the School Board, the C~y Council acts on such resolution by' (a) denying the request for a tax ~ncrease and approving a School Operating Budget and ClP Program based upon the updated local tax revenue shanng allocabon amount, or, (b) denying the request and approwng a School Operating Budget and ClP Program at such total amount and such local tax contnbubon as [t deems appropnate or, (c) approwng the request for a tax Increase, ~n whole or ~n part, and adopt such tax rates as appropriate and approve the School Operabng Budget and ClP Program accordingly, or (d) Adopting a School Operating Budget and ClP Program wrth~n the revenue shanng policy, and scheduhng a referendum for pubhc acl~on on the School request for a tax increase If the pubhc approves such a request, the Council would then act on an supplement or amendment to the School Operating Budget or ClP program, as appropriate NOTE If a referendum ~s held, following the referendum, a final School Operating Budget and ClP Program w~ll be approved consistent w~th the outcome of the referendum 12 Item V-J. ORDINANCES ITEM # 41804 Upon motion by Councilman Sessoms, seconded by Council Lady Parker, City Council APPROVED BY CONSENT in ONE MOTION Ordinances I, 2, 3, 4, 5 and 6. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None February 25, 1997 Itetn V-J.I. ORDINANCES ITEM # 41804b Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $100,000 from Shore Drive Intersections (CIP #2-133) to Harbour Point Road Extended (CIP #2-218) re increased costs for right-of-way. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 25, 1997 AN ORDINANCE TO TRANSFER $100,000 FROM CIP PROJECT #2-133 SHORE DRIVE INTERSECTIONS TO CIP PROJECT #2-218 HARBOUR POINT ROAD EXTENDED TO ADDRESS INCREASED COSTS FOR RIGHT-OF-WAY WHEREAS, the original Harbour Point Road Extended project that first appeared in the FY 1993-94 CIP Capital Improvement Program extended Harbour Point Road from General Booth Boulevard on the east side to Southside Drive, WHEREAS, subsequent Capital Improvement Programs modified the original scope, and the improvements on the east side of General Booth Boulevard were deleted, 10 11 12 WHEREAS, due to development proposals in September 1996, it was determined to be in the best interest of the City to preserve the east side right-of-way by providing an additional $255,000 to the project for that purpose, 13 WHEREAS, recent negotiations have resulted in the need for an additional $100,000, 14 15 16 WHEREAS, there is $100,000 available for transfer from CIP Project #2-133 Shore Drive Intersections, which will be restored to the project in the Proposed FY 1997-98 Capital Improvement Program 17 18 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that $100,000 be transferred from CIP Project #2-133 Shore Drive Intersections to CIP Project #2-218 Harbour Point Road Extended to address increased costs for fight-of-way 21 This ordinance shall be in effect from the date of its adoption 22 23 Adopted the~ Beach, Virginia SWJXCouncfiX221 grow ord 25 day of February , 1997, by the Council of the City of Virginia APPROVED AS TO CONTENT Walter C. Kra~ Department of Manag~e"~ent Services Item V-J.2. ORDINANCES ITEM # 41805 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to TRANSFER $217,499 within the FY 1996-1997 Operating Budget of the Comprehensive Services Act Fund re Family Preservation Services as outlined on the five-year plan 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, 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 February 25, 1997 AN ORDINANCE TO TRANSFER $217,499 WITHIN THE FY 1996-97 OPERATING BUDGET OF THE COMPREHENSIVE SERVICES ACT FUND TO SUPPORT FAMILY PRESERVATION SERVICES 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 WHEREAS, the FY 1996-97 Operating Budget includes $258,290 in appropriations from the Family Preservation Act (including a $25,829 local match) for the second-year funding for a five-year plan; WHEREAS, of the total $258,829, $162,923 was appropriated to Reserve for Contingencies pending approval of a final five-year plan, $74,573 was appropriated to support Early Intervention Child/Parent Services, and $20,794 was appropriated to Pendleton Child Services Center; and WHEREAS, since the State has approved a final five-year plan and the Early Intervention Child/Parent Services program has been discontinued, the Department of Social Services requests that the $162,923 in Reserve for Contingencies and the remaining $54,576 in Early Intervention Child/Parent Services, for a total of $217,499, be transferred to support Family Preservation services as outlined in the State-approved five-year plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $162,923 previously appropriated to Reserve for Contingencies, and funds in the amount of $54,576 previously appropriated to, and remaining in, the discontinued Early Intervention Child/Parent Services program, are hereby transferred within the FY 1996-97 Operating Budget of the Comprehensive Services Act Fund to support Family Preservation services as outlined in the City's State-approved five-year plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of February , 1997. CA-6559 ORDIN\NONCODE\ FAMILY. ORD R-1 PREPARED: 02 / 19 / 97 APPROVED AS TO CONTENT: Management APPROVED AS TO LEGAL Item V-J.3~. ORDINANCES ITEM # 41806 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize temporary encroachment: Portion of right-of-way of Lake Joyce, adjacent to 4339 Lookout Road, to H. Lee Chandler, Jr. re construction and maintenance of a bulkhead, pier, drainage pipe, landscaping berm and plant material (BAYSIDE BOROUGH). The following conditions shall be required: 1. That the encroachments requested shall be designated as temporary encroachments. 2. The temporary encroachments shall 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. The temporary encroachment shall terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's right-of-way known as Lake Joyce by the applicant and the applicant shall bear all costs and expenses of removal. The applicant 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 encroachments. No permission or authority is given to the applicant 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 encroachments by any one other than the applicant. 6. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. The applicant must obtain a permit from the Development Services Center prior to commencing construction within the City's right-of-way. The applicant shah obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and aH insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. February 25, 1997 - 23 - Item V-J.J.a. ORDINANCES ITEM tt 41806 (Continued) The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a certified licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, of the temporary encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 10. The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of- way encroached upon the equivalent of what wouM be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are 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. 11. It is further expressly understood and agreed that any trees in the right-of-way which are damaged and/or removed must be replaced by the party of the second part with like or better species of trees based on the recommendations of the Landscape Services Division of the Department of General Services. Voting: 11-0 (By ConsenO Council Members Vbting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None February 25, 1997 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 AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF LAKE JOYCE TO H. LEE CHANDLER, JR. 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, H. LEE CHANDLER, JR., his heirs, assigns and successors in title is authorized to construct and maintain temporary encroachments into the right-of-way of Lake Joyce. That the temporary encroachments herein authorized are for the purpose of constructing and maintaining a bulkhead, pier, drainage pipe, landscaping berm and plant material and that said temporary encroachments 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 encroachments are more particularly described as follows: An area of temporary encroachments into a portion of the City's right-of-way known as Lake Joyce, on the certain plat entitled: "EXHIBIT A," 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 encroachments herein authorized shall terminate upon notice by the City of Virginia Beach to H. LEE CHANDLER, JR., and that within thirty (30) days after such notice is given, said temporary encroachments shall be removed from the City's right-of-way of Lake Joyce and that H. LEE CHANDLER, JR., shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that H. LEE CHANDLER, JR., 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 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 69 70 71 72 73 74 75 76 defend an action arising out of the location or existence of such temporary encroachments. AND, PROVIDED FURTHER, that H. LEE CHANDLER, JR. agrees that no permission or authority is given to the said applicant to permit the maintenance or construction of any encroachment other than those specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachments by any one other than H. LEE CHANDLER, JR.. AND, PROVIDED FURTHER, that H. LEE CHANDLER, JR., agrees to maintain said temporary encroachments so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that H. LEE CHANDLER, JR., must obtain a permit from the Development Services Center prior to commencing construction within the City's right of way. AND, PROVIDED FURTHER, that H. LEE CHANDLER, JR. shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five hundred Thousand Dollars ($500,000.00), combined single limits of such insurance policy or policies. H. LEE CHANDLER, JR. must provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. H. LEE CHANDLER, JR. assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. AND, PROVIDED FURTHER, H. LEE CHANDLER, JR. shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or certified licensed land surveyor, and/or "as built" plans of the temporary encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of Public Utilities Department. 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 AND, PROVIDED FURTHER, that the City, upon revocation of such authority and permission granted, may remove any such temporary encroachments and charge the cost thereof to H. LEE CHANDLER, JR., and collect the cost in any manner provided by law for the collection of local or state taxes; and pending such removal, the City may charge H. LEE CHANDLER, JR. for the use of such portion of the City's right of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by H. LEE CHANDLER, JR.; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are 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. AND PROVIDED FURTHER, it is understood and agreed that any trees in the right of way which are damaged and/or removed must be replaced by the party of the second part with like or better species of trees based on the recommendations of the Landscape Services Division of the Department of General Services. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that H. LEE CHANDLER executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, 25 February 97 Virginia, on the day of , 19 . 103 104 105 106 107 108 109 PSD January 28, 1997 GPIN 150-80-5887 A~ROVE~ AS TO CONTF. NT - " Dep~rtm~n~ PREPPED BY VIRGINIA B~ CZ~ ATTO~EY'S OFFZCE EXK)G:~ED FRO# RECO~ATION TAXES ~DER SE~ONS S8.1-811(&)(3) AND 58.1-811(c)(4) RRX~S~iDIT AUTHORIZED ~DER SE~Z~ 25-249 19~_ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and H. LEE CHANDLER, JR., Single, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. WITNESSETH: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel A of Baylake Beach, Bayside Borough, Virginia Beach, Virginia" being further designated and described as "4339 Lookout Road, Virginia Beach, Virginia" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead, pier, drainage pipe, landscaping berm and plant material in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead, pier, drainage pipe, landscaping berm and plant material, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Lake Joyce; and said party of the second part has requested that the party of the first part grant temporary encroachments to facilitate such bulkhead, pier, drainage pipe, landscaping berm and plant material within a portion of the City's right-of-way known as Lake Joyce. GPIN 1570-80-5887 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 temporary encroachments to use a portion of the City's right-of-way known as Lake Joyce for the purpose of constructing and maintaining such bulkhead, pier, drainage pipe, landscaping berm and plant material. It is expressly understood and agreed that such temporary encroachments 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 temporary encroachments into a portion of the City's right-of-way known as Lake Joyce as shown on that certain plat entitled: "Exhibit A," a copy of which is attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachments 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 encroachments shall be removed from the City's right-of-way known as Lake Joyce 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 encroachments. 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 encroachments other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachments 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 temporary encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that the party of the second part shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the secoDd part also agrees to carry comprehensive general 3 liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. 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 registered professional engineer or a certified licensed land surveyor, and/or "as built" plans of the temporary encroachments, 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 temporary encroachments 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 encroachments; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this 4 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 temporary encroachments are 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. It is further expressly understood and agreed that any trees in the right of way which are damaged and/or removed must be replaced by the party of the second part with like or better species of trees based on the recommendations of the Landscape Services Division of the Department of General Services. IN WITNESS WHEREOF, H. Lee Chandler, Jr., the said party of the second part has caused this agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. ( SEAL ) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager ~4.OVED AS TO CONTENT · , SIGN I'~IR OEIZARTMENT .... APPROVED AS 'rD LEGAL SUFFtCi t,'.CY STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: this H. Lee ~Chandler,- ~r. //~ The foregoing instrument was acknowledged before me day of , 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires STATE OF CITY/e~--~'F/~~.~~~~., to-wit: The foregoing instrument was acknowledged before me J'roo My Commission Expires: ~/~~ , 19/? , by H. Lee Chandler, 35' A=12 02' PIN~ EXIST 8' SAN -- ..% PIN \(3~ MANHOLE EXIST. 8° ~/ATER GAZEBO Ix OF SLOPE v 0 n,' Z \(3 ~uc ~ ,~ \ '~ ' o,~ "FIRE HYDRANT '~ ' Z, ~IN ~ . /~\ \ \ ~ EXHIBIT A SITE INFORMATION: TWO STORY DWELLING ZONING: R-lO GPIN: 1570-80-5887-0000 OWNER. MR LEE CHANDLER 7604 GLEN EAGLE ROAD NORFOLK. VA 23505 IMPERVIOUS AREA CALCULATIONS: BUILDING AREA ,= 5.010 SF DRIVE\ PATIO = 7.905 SF GAZEBO AREA - 210 SF TOTAL IMPERVIOUS AREA - 13.125 SF TOTAL LOT AREA ... 38.560 SF IMPERVIOUS COVERAGE -- 34~ AICUZ ZONE: NONE NOTES. 1 LOT GRADES ARE TAKEN FROM ACTUAL FIELD CONDITIONS 2 LOT IS SERVE0 BY CITY WATER AN0 CITY SEWER 3 THE LOWEST FINISH FLOOR ELEVATION SHOWN IS ONE FOOT ABOVE THE ONE-HUNDRED-YEAR FLOODPLAIN AS AOOPTE0 BY THE CITY OF VIRGINIA BEACH 4 ELEVATIONS ARE IN FEET AND ARE BASED ON NGVO 1929 (1972 ADJUSTMENT) BENCH MARK IS A BRASS DISK SET IN CONCRETE OF BRICK PUMP STATION 1~300/53B LOCATEO AT ,5029 LAUOERDALE DRIVE ELEVATION = 9 68 5 THE PROPERTY SHOWN HEREON APPEARS TO BE LOCATED IN FLOOD ZONE 'C" AS SHOWN ON THE F E M A FLOOD HAZARD MAP COMMUNITY NO 515531-007-C 6 TH=RE IS NO /.,'"PROVED CONSTRUCTION PLAN FOR THIS SUBDIVtSION/ LOT. SPLIT LOT GRADING HAS BEEN APPLIED WITH MORE THAN ONE FOOT OF FALL AND A LAKE AT THE REAR OF THE PROPERTY THIS LOT FALLS WITHIN A RESOURCE MANAGEMENT AREA (RMA). NO SIDEWALK IS REQUIRED FOR THIS SITE. SITE PLAN OF PARCEL 'A' OF BAYLAKE BEACH, LOCATED IN THE BAYSIDE BOROUGH OF VIRGINIA BEACH, VIRGINIA; M B. 251, PG 23 O' 40' 80' SCALE , 1' = 40' DOMINION Building Group, Inc. PO Bo, 299. Vtrgmm BO=Or, VA 23458 (804) 491-559g is ~s s iI il ;! ,! ,' / is ss , ! ss s s ! / ! SITE LAKE JOYCE / / II \ ! , ~. , ,, ", ,'~';.,,, ,, "%. % · . ., .: .. ,~ ~ q... .. .. .. ~,.. ,,' , ,',*,' ( . '[ / / / / / / LOCATION MAP FOR H. LEE CHANDLER JR, I ENCROACHMENT INTO LAKE JOYCE AT J 4339 LOOK_OUT RD. A PREPARED BY P/W ENG. DRAFT. 12/03/96 - 24 - Item V-J.$.b. ORDINANCES ITEM # 418O7 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize temporary encroachment: Portion of the City's 300-foot drainage easemeng known as Canal No. 2, adjacent to 561 Central Drive to MR .dssociates, L.C. re construction and maintenance of approximately 80 feet of 21-inch RCP outfall pipe and related riprap (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The encroachtnent requested shall be designated as a temporary encroachment. 2. The temporary encroachment shall 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. The temporary encroachment shall terminate upon notice by the City of Virginia Beach to the applicant, and that within thirty (30) days after such notice is given, such temporary encroachment shah be removed from the City's 300-foot wide drainage easement known as Canal No. 2, by the applicant; and, that the applicant shall bear aH costs and expenses of removal. The applicant 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 shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachments. No permission or authority is given to the applicants 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 encroachments by any one other than the applicants. 6. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. The applicant must obtain a permit from the Department of Planning, Development Services Center (DSC) prior to commencing construction within the City's 300'-wide drainage easement. Prior to the issuance of a Right-of-Way permig the applicant must post a Performance Bond. The amount of the bond shall be determined by the Department of Planning, Development Services Center (DSC) at the time of site development plan review. February 25, 1997 Item V-J.3.b. ORDINANCES 10. 11. ITEM # 41807 (Continued) The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. the applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachments. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a certified licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, of the temporary encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are 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. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members l~'oting Nay: None Council Members Absent: None February 25, 1997 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 CITY'S 300' WIDE DRAINAGE EASEMENT KNOWN AS CANAL NO. 2. 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, MR Associates, L. C., a Virginia limited liability company, its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the City's 300' wide drainage easement known as Canal No. 2. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining approximately 80' of 21" RCP outfall pipe and related rip-rap to be installed in connection with the development of the adjacent property owned by MR Associates, L. C. (561 Central Drive GPIN 1496-68-8129) and that said temporary 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 temporary encroachment into a portion of the City's 300' wide drainage easement known as Canal No. 2, as shown on that certain plat entitled: "LOT 13, CENTRAL DRIVE EXHIBIT PLAT", 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 any officer of MR Associates, L.P., and that within thirty (30) days after such notice is given, said temporary encroachment shall be removed from the City's 300' wide drainage easement known as Canal No. 2 and that MR Associates, L. P., shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that MR Associates, L. P., shall indemnify and hold 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 69 70 71 72 73 74 75 76 77 78 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. AND, PROVIDED FURTHER, that MR Associates, L. P. agrees that no permission or authority is given to the said MRAssociates, L. P. 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 any one other than MR Associates, L. P. AND, PROVIDED FURTHER, that MR Associates, L. P., agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that MR Associates, L. P. must obtain a permit from the Department of Planning, Development Services Center (DSC) prior to commencing construction within the City's 300' wide drainage easement known as Canal No. 2. AND, PROVIDED FURTHER, that prior to issuance of a Right of Way permit, MR Associates, L. P. must post a Performance Bond. The amount of the bond shall be determined by the Department of Planning, Development Services Center (DSC) at the time of site development. AND, PROVIDED FURTHER, that MR Associates, L. P. shall obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. MR Associates, L. P. must also carry Comprehensive General Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000.00), combined single limits of such insurance policy or policies. MR Associates, L. P. must provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. MR Associates, L. P. assumes all responsibilities and liabilities, 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 Virginia, on the vested or contingent, with relation to the temporary encroachment. AND, PROVIDED FURTHER, that MR Associates, L. P. shall submit for review and approval, a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor, and/or as built plans of the temporary encroachment sealed by a registered professional engineer if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. AND, PROVIDED FURTHER, that the City, upon revocation of such authority and permission granted, may remove any such temporary encroachment and charge the cost thereof to MR Associates, L. P., and collect the cost in any manner provided by law for the collection of local or state taxes; and pending such removal, the City may charge MR Associates, L. P. for the use of such portion of the City's right of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by MR Associates, L. P.; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary 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. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that MR Associates, L. P. executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, 25 day of February , 19 97 . JCL/cbc 01/30/97 F:\..\Canal-#2\Mr-Assoc APPROVED AS TO CONTENT Departmeht' APPROVEr~ 'C, T,'% "~ L -' 'L,Y ' LEL:./~ ~U -,, . , CENTRAL DR. STIHL I I I STIHL FEDERAL EXPRESS LOCATION MAP . .'" OPOSED ENCROACHMENT INTO THE i. x CITY'5 300' DRAINAGE EASEMENTKNOWNA5 CANAL . 2 I"<,...' ,e.,~..~ ~,'z~ //~ F OR _-~ ~ ~ ~ ~~~~/2 MR ASSOCIATES, L. P. ~~1 I ,/'~~~ ,' SCALE: I"= 400' ~ ;~ I,~ ~ ~ ~ / / / / ~ ~I~ I I ~ / ~ N ~/ ,',' / ,' ~ _,l~ _- J _.~J II .lb · , r-- i I I I I '"~ I '") I ~ I ~'+ I I I I! i '~ I I I I I I I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 17th day of January , 19 97 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and MR ASSOCIATES, L. C., a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. W I T N E S S E T H: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "London Bridge Industrial Park II, Phase One, Lot 13" and being further designated and described as "561 Central Drive, Virginia Beach, Virginia 23454 · GPIN 1496-68-8129" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain approximately 80' of 21" RCP outfall pipe and related rip-rap to be installed in connection with the development of the above referenced lot in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such 21" RCP outfall pipe and related rip-rap, it is necessary that the said party of the second part encroach into a portion of an existing .~ GPIN 1496-68-8129 300' wide City drainage easement known as Canal No. 2; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such construction and maintenance of the aforesaid 21" RCP outfall pipe with related rip-rap within a portion of the City's 300' drainage easement known as Canal No. 2. 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 300' drainage easement known as Canal No. 2 for the purpose of constructing and maintaining such 21" RCP outfall pipe and related rip-rap. 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 temporary encroachment into a portion of the City's 300' drainage easement known as Canal No. 2 as shown on that certain plat entitled: "LOT 13, CENTRAL DRIVE · EXHIBIT PLAT", 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 300' drainage easement known as Canal No. 2 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 temporary encroachment so as not to become unsightly or a hazard. party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's 300' drainage easement. It is further expressly understood and agreed that the party of the second part shall obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the second part also agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000 00, ' combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. It is further expressly understood and agreed that prior to issuance of a Right of Way permit, the party of the second part must post a Performance Bond. The amount of the bond shall be determined by the Department of Planning, Development Services Center (DSC) at the time of site development plan review. It is further expressly understood and agreed that any above ground temporary encroachments shall conform to the minimum It is further expressly understood and agreed that the setbacks requirements, as established by the City Traffic Engineer's Office. 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 temporary 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 temporary 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 300' drainage 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 temporary 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, MR ASSOCIATES, L. C., a Virginia limited liability company has caused this Agreement to be executed in its name and on its behalf by RONALD J. MICKIEWICZ and JOHN L. ROBERTSON, company members, with due authority to bind said company. 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 AP~?VED AS TO CONTENT .~ -. $~oNAm,~ MR ASSOCIATES, L C , a Virginia limited liability company DEPARTMENT '~ ~ONAL KI I CZ er ( SEAL ) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF CITY/COUNTY ~F ~/i~','zini,~_. k~_A~.J'] , to-wit: The foregoing instr~ent was acknowledged before me this J74~ day of ~~C~ , 19 ~ , by RONALD J. MICKIEWICZ, me~er on behalf of ~ ASSOCIATES, L. C.. Notary Public . My Commission Expires STATE OF CITY/COUNTY ~F , to-wit: The foregoing instrument was acknowledged before me this ! 74~-~ day of ~T,~b~('t2 , 19 q7 - ! , by JOHN L. ROBERTSON, member on behalf of MR ASSOCIATES, L.C.. Notary Public My Commission Expires: ~-~~,~~r~I -%/, ; ~/~ F M/~, 09 - 3~ ~IC! 'IV~I/N', :D ' . ii II -(D · m Cituof Office of the City Manager Mr. James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, Virginia 9.3456 January 16, 1997 Re: Lake Joyce, Waiver of Reverter Interest - H. Lee Chandler, 4339 Lookout Rd. Dear Jim, As you know, in 1967 the Norfolk Ci=¥ Council adopted an ordinance conveying Lake Joyce along with a 25-foot wide strip of land around the lake to the City of Virginia Beach. The deed by which the lake was conveyed contained certain language which required the City of Virginia Beach to use the conveyed property exclusively for public or municipal purposes and provided that the property should not be conveyed, sold or leased and should not be permitted to be used for any other purpose. In the event this condition was breached, the property would revert to Norfolk. , Mr. H. Lee Chandler has requested permission to encroach into the Lake Joyce property adjacent to his proposed residence on Parcel A, Baylake Beach, located at 4339 Lookout Road, in order to construct a bulkhead and pier, 'along with associated bulkhead backfill, a landscaping berm, drainage pipe, and various landscaping plant material and vegetation. The matter of waiving the City of Norfolk's reverter interest for this encroachment for the bulkhead, pier, backfill, berm, drainage pipe and landscaping materials was presented to City Council and they offered no objections. Therefore, the City of Norfolk would not consider the requested encroachment by Mr. H. Lee Chandler, if authorized by the City of Virginia Beach, to violate the conditions in Norfolk's deed to Virginia Beach. This posit~on is taken only with respect to the facts set forth herein as it relates to the strip of land situated adjacent to Parcel A, Baylake Beach, 4339 Lookout Road, Virginia Beach, Virginia, ~3455. This action does not demonstrate or control similar instances, past, present, or future. Sincerely, __ C ~q~r..~lqa nager cc: Mr. H. Lee Chandler - 26 - Item V-J.$.e. ORDINANCES ITEM # 41808 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize temporary encroachment: Portions of rights-of-way of King's Grant Road and Brickhouse Court to Coastal V'uteo Communications Corporation, ,4 Virginia Corporation re construction and maintenance of a 2-inch PE conduit to connect its computer lines (LYNNI-L4VEN BOROUGH). The following conditions shall be required: 1. The encroachment requested shall be designated as a temporary encroachment. 2. The temporary encroachments shall 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. 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 by the party of the second part, who shall bear all costs and expenses of such removal. The applicants 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 encroachments. No permission or authority is given to the applicants 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 encroachments by any one other than the applicants. 6. The applicants must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. Prior to the issuance of a right-of- way permig the applicant must post a Performance Bond and show proof of public liability insurance of a minimum of Two Thousand Dollars ($2,000). 7. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. ,4 traffic control maintenance plan shall be submitted to the Traffic Engineering Bureau for review, prior to commencement of work in the City right-of-way. February 25, 1997 - 27 - Item V-J.3.c. ORDINANCES ITEM # 41808 (Continued) No work may begin within the City right-of-way until all necessary traffic control plans have been approved by the Traffic Engineering Bureau~ Permit is required prior to beginning construction with proof of a general comprehensive form liability ($500,000 minimum). 10. Upon revocation of permit, the City may remove any such encroachment and charge the cost thereof to the party of the second part, collect the cost in any manner provided by law ]'or the collection of local or state taxes and, pending such removal, charge compensation for the use of such portion of the city's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part. If not made within the time ordered, 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. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, 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 February 25, 1997 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS UNDER PORTIONS OF THE RIGHTS-OF-WAY OF KINGS GRANT ROAD AND BRICKHOUSE COURT BY COASTAL VIDEO COMMUNICATIONS CORP., A VIRGINIA CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Coastal Video Communications Corp., a Virginia corporation, desires to construct and maintain a 2" PE conduit to connect its computer lines under the City's rights-of-way located at Kings Grant Road and Brickhouse Court. WHEREAS, City Council is authorized pursuant to §§ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's rights-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE 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 §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended Coastal Video Communications Corp., a Virginia corporation, its heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a 2" PE conduit to connect its computer lines under that portion of the City's rights-of-way as shown on the map entitled: "PROPOSED ENCROACHMENT BY COASTAL VIDEO COMMUNICATIONS CORP.," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Coastal Video Communications Corp., a Virginia corporation, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 37 38 39 40 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as the authorized officer for Coastal Video Communications Corp., a Virginia corporation, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of February , 1997. 43 44 45 46 CA-6556 ORDIN\NONCODE\ CA6556 . ORD R-1 PREPARED: 2/12/97 APPROVED AS TO LEGAL SUFFICIENCY AND FORM · CITY ATTORNEY ° R :%! LOCATION MAP FOR PROPOSED ENCROACHMENT BY COASTAL VIDEO COMMUNICATIONS CORP. SCALE: 1" : 200' PREPARED BY P/W ENG. DRAFT. 01/27/97 £0 'd 0± j I H.H90 :,90 ~66~-£T-~0 ' 19 7 , by and between the CITY OF VIRGINIA BEACH, VIRGINI~A, a municipal corporation, GRANTOR, party of the first part, and COASTAL VIDEO COMMUNICATIONS CORPORATION, a Virginia Corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W I TNE S S E TH: That, WHEREAS, it is proposed by the party of the second part to run 2" PE conduit under Kings Grant Road and under Brickhouse Court in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such conduit, it is necessary that the said party of the second part encroach into a portion of an existing City right of way; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such conduit within a portion of the City's right of way. 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 for the purpose of constructing and maintaining such conduit. 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 as shown on that certain plat entitled: "PLAT SHOWING PROPOSED ENCROACHMENT BY COASTAL VIDEO COMMUNICATIONS CORPORATION, UNDER KINGS GRANT ROAD AND BRICKHOUSE COURT, VIRGINIA BEACH, VIRGINIA, NOT TO SCALE" 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 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 obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a right of way permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Two Thousand Dollars ($2,000.00). It is further expressly understood and aqreed that a traffic control maintenance plan shall be submitted to the Traffic Engineering Bureau for review, prior to commencement of work in the City right of way. This plan shall show where work or work vehicles will encroach into the City right of way and must indicate proper signs and barricades used for controlling traffic and pedestrians. The traffic control maintenance plan shall also be included with the right of way permit. It is further expressly understood and agreed that no work may begin within the City right of way until all necessary traffic control plans have been approved by the Traffic Engineering Bureau. It is further expressly understood and agreed that a right of way permit is required prior to beginning construction with proof of a general comprehensive form liability ($500,000 minimum). Information may be obtained from the Department of Planning, Development Services Center. 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 right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, has caused this Agreement to be executed by Paul V. Michels, President, who possesses due authority to bind said corporation. 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: City Manager/Authorized Designee of the City Manager City Clerk COASTAL VIDEO COMMUNICATIONS CORPORATION, a Virginia ~o~~'-C-°'~rp?rat ton ~/~~~/~ PAUL V. MICHELS ~' ~ President t 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: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: /71OVED AS TO CONTENT ,'~/ ' · s,o~u ' ~EPA~ME~ Notary Public 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 Paul V. Michels, President, on behalf of Coastal Video Communications whose name is signed to the foregoing writing, bearing date the (~4m day of ~)-~~~~ , 19q7, has acknowledged the same before me in my City and State aforesaid. Given under my hand this I ~4~ day of My Commission Expires: - 28 - Item V-J.4. ORDINANCES ITEM # 41809 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance appointing viewers in the petition of C. David Whitley for the closure of a portion of Christine Drive, Croatan Beach (LYNNHAVEN BOROUGH). The following Viewers are: David M. Grochmal Robert J. Scott Ralph ,4. Smith Director of General Services Director of Planning Director of Public Works Voting: 11-0 (By Consent) Council Members Voting ,4ye: John `4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None February 25, 1997 ORDINANCE APPOINTING VIEWERS WHEREAS, C. David Whitley has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 25th day of February, 1997, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with said Council NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott, David M. Grochmai, and Ralph A. Smith are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portion of the street located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point on the western R/W line of Christine Drive, said point being the northeast comer of Lot 10A as shown on plat titled "LAKE CHRISTINE AT CROATAN" and recorded in the Office of the Clerk of the Circuit Court of Virginia Beach in Map Book 171 Page 44, and proceeding along the western R/W line of Christine Drive N 29030'00.. E, 67.36' to a point thence turning and continuing along the western R/W line of Christine Drive N 12°28'50"W, 15.93' to a point, thence turning and proceeding into the Christine Drive R/W N 77°31'i0"E, 25.00' to a point thence turning and proceeding S 29°30'00" W, 88.79' to a point, thence turning and proceeding S 77°31'10" W, 10.67' to a point on the western R/W line of Christine Drive, said point being the point of beginning. As shown upon that certain plat entitled "PROPOSED STREET CLOSURE BEING A PORTION OF CHRISTINE DRIVE LOCATED IN CROATAN BEACH LYNNHAVEN BOROUGH VIRGINIA BEACH, VA. SCALE: 1" = 30' 24 OCT. 1996" made by Gallup Surveyors & Engineers, Ltd., which plat is attached hereto as Exhibit A and made a part hereof and is intended to be recorded with the Ordinance Closing the described portion of the street. February 25, 1997 Adopted: 1N THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF LAKE CHRISTINE DRIVE PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, C David Whitley, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Beginning at a point on the western R/W line of Christine Drive, said point being the northeast corner of Lot 10A as shown on plat titled "LAKE CHRISTINE AT CROATAN" and recorded in the Office of the Clerk of the Circuit Court of V~rginia Beach in Map Book 171 Page 44, and proceeding along the western R/W line of Christine Drive N 29030'00'' E, 67.36' to a point thence turning and continuing along the western R/W line of Christine Drive N 12°28'50"W, 15.93' to a point, thence turning and proceeding into the Christine Drive R/W N 77°31'10"E, 25.00' to a point thence turning and proceeding S 29030'00'. W, 88.79' to a point, thence turning and proceeding S 77°31'10.. W, 10.67' to a point on the western R/W line of Christine Drive, said point being the point of beginning. As shown upon that certain plat entitled "PROPOSED STREET CLOSURE BEING A PORTION OF CHRISTINE DRIVE LOCATED IN CROATAN BEACH LYNNHAVEN BOROUGH VIRGINIA BEACH, VA. SCALE: 1"= 30' 24 OCT. 1996" made by Gallup Surveyors & Engineers, Ltd. which plat is attached hereto as Exhibit A and made a part hereof as ~s intended to be recorded with the Ordinance Closing the aforesaid described street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said portion of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view the portion of said platted street proposed to be closed and to report in writing to the Council on or before the 25th day of February, 1997, as to whether in the opinion of said Viewers, what inconvemence, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 17th day of January, 1997, and on the 24th day of January, 1997, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owner of all land along and adjacent to and affected by said portion of the street is the Petitioner herein, C. David Whitley. Respectfully submitted, C. David Whitley Of Counsel Pamela Piscatelli Faber Kaufinan & Canoles P.O. Box 626 Virginia Beach, VA 23451 80016278 NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 25th day of February, 1997, at 6 p.m., at the City Hall of the City of Virginia Beach, at Princess Anne, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of that certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating closing and discontinuance of same, the said portion of said street being described as follows: Beginning at a point on the western R/W line of Christine Drive, said point being the northeast comer of Lot 10A as shown on plat titled "LAKE CHRISTINE AT CROATAN" and recorded in the Office of the Clerk of the Circuit Court of Virginia Beach in Map Book 171 Page 44, and proceeding along the western R/W line of Christine Drive N 29o30'00'' E, 67.36' to a point thence turning and continuing along the western R/W line of Christine Drive N 12°28'50"W, 15.93' to a point, thence turning and proceeding into the Christine Drive R/W N 77°3 I'I0"E, 25 00' to a point thence turning and proceeding S 29o30'00'' W, 88.79' to a point, thence turning and proceeding S 77°31'10" W, 10.67' to a point on the western R/W line of Christine Drive, said point being the point of beginning. as shown upon that certain plat entitled "PROPOSED STREET CLOSURE BEING A PORTION OF CHRISTINE DRIVE LOCATED IN CROATAN BEACH LYNNHAVEN BOROUGH VIRGINIA BEACH, VA. SCALE: 1"= 30' 24 OCT. 1996" made by Gallup Surveyors & Engineers, Ltd. At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of the street in the City of Virginia Beach, Virginia, described above. C. David Whitley Pamela Piscatelli Faber Kaufman & Canoles P O Box 626 Virginia Beach, VA 23451 Of Counsel AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, PAMELA J. FABER, attorney for the Petitioner, C. David Whitley, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent C. David Whitley. 2. That on the 17th day of January, 1997, and on the 24th day of January, 1997, notice of the presenting of the application to close a portion of that certain street known as Christine Drive on behalf of C. David Whitley was published in The Virginian Pilot/Ledger Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. Pamela J. Faber Subscribed and sworn to before me this ~"~ay of February, 1997. Notary Public ~ / My Co _mmi~qsion ]Expires: 80039307 01 THE VIRGINIAN-PILOT BZLLED ACCOUNT , KAUFMAN A CANOLE9 P.O. BOX &2& VA BEACH, VA 23&S1 STATEMENT NO. PAGE ZNVOZCE DATE 38 ! 01/2&/97 BZLLED ACCT# AD NUMBER ZNVC NUMBER 036804S04 lEg&0110 810372001 I'SSUE EDTTTON XNVC NBR DESCRZPTTON STZE GROSS ANT. 01/17/97 FULL 810372001 STREET CLOSURE 2 X 0043 241.66 01/24/97 FULL 810372002 STREET CLOSURE 2 X 0043 241.66 TOTAL 483.32 OTICl that et t~ ~~J ?_?ru. ary, 1997 lit 6 ~ ~-.~--~.m~o~..rm,.k:l .oq. t~e-~'l~"~vu~ II I ueacn, at Prtnc-:'.. a.."_ './ "~ .w _~dW t~ll d tl~-~..~,-~.~'~uaY._? II ; or that ce =were Io ¥1eW t~N! --- ....,.v,... train street and report to t below-described portion ?_P_?o..n of the Viewers what. if atnv~. City ..Co_u_ncll whether in the ,u.m. me vacaUna close,,- --;, ~- Y'-inconvenience w ~Poqlon of said s~'re-, ;~.~p__a,,.u ueglnnlne at ...... ~'_..u~,-Ii oescrlt~:,d as ~w~ ~,-,,m, me said - . .... un me western R/W line .,.o, ~t~..[t_he nD.beast corner of ........ e Dr,ye sa,, , 0'~.'g.-,ne Dr,ye I .c4.erK of the Circuit c~..~ ~'~J,~-?". an_o reco~c~;-..-.,,;~E I1' '~'~, and mc ~-,, v~ virginia Ueach in ..... ,~ ,,. u,, I 29030'0g" ~.eed~l~n~a..Ion.8 the westem R/W ,i~~J_~?;~ ",~'LK_me western R/W ,--~ ,~?.ence turnln~ and ,-,~-, ..... Drive o^a, ,r"2'-:",_tnence turnlna and ...... ~ ,: .,,:~o ou" W proceedln $ 2 - ~J' [O a int - ~.,.,ou, e ' g 9o30,00. ,.'r, --, po t~ence turn roceedln S 7 * , w, 88 79' to a Int lng ana g 7 31 10" W ! po , thence tumln .... at ~oWn u ntl ~e , th'" ..... ,ne iht S~uE?veCTH;,Drsv~/~/ !~/EPA t· at ce~aln lat , of b~lnnln ~HUATAN BEACH fy. ..... L~.'.~_~~ ~HISTINE DRIV It} STRaiT affected ma), apPear and Present his views After the reportthe .CIty°f Council,the Viewers Is received at the hex ~:)ee~lancge~f on or as soon thereafter -*- t regular ~ me agenda the u,~ ........ a~ me matter ma I .~oun_cll to vacate close an~ ,~,-~Z~".'-~-'~'~-?e? wul Pet tlon th Y [ne City of VIr~l~im ,", .... .--.,--~.~,,urtue ula[ r~,.+ ....... e City I B Pa C David Wh~tl P~am. ela PIscatelll Faber Y mela PIscatelh Fal~r ,'~ ,-- ey.[ ~auramn & ~.3nnl~,, , ~JI L,ounsel fJ ~rg~nla Beech, VA 2345! VP State of Virginia City of Norfolk AFFIDAVIT This day Lisa Y. Mells personally appeared before me and after being duly s,orn made oath (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virgi;~ Beach, State of Virginia; (Z) That the advertisement hereto annexed at STREET CLOSURE has been published : said newspaper during the following dates: 01/17/97 - 01/24/97 Subscribed and s~orn to before me in my city and state aforesaid this 2&TH day of JANUARY 1997 My commission expires OCTOBER 31, 2000 ~_;v/? /L/ .. Notary Public 11817 CANON BOULEVARD SUITE 408 NEWPORT NEWS, VIRGINIA 2360B PAMELA J PISCATELLI KAUFMAN F6 CANOLES A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW 700 PAVILION CENTER POST OFFICE BOX 626 VIRGINIA BEACH, VIRGINIA 23451 (757) 491-4000 FAX (757) 491-4020 February 3, 1997 ONE COMMERCIAL PLACE POST OFFICE BOX 3037 NORFOLK, VIRGINIA 23514 DIRECT DIAL NUMBER (757) 491-4010 E-MAIL pjp~scati[i)kaufcan corn City of Virginia Beach Department of Planning Operations Building, Room 115 2405 Courthouse Drive Virginia Beach, Virginia 23456-9002 CERTIFICATE OF VESTING OF TITLE I, Pamela J. Plscatelli, attorney for C. David Whitley, do hereby certify that: 1. I am an attorney at law and represent C. David Whitley, applicant. , If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then full title to said property will best in C. David Whitley, the adjacent landowner. The said property referred to herein is hereby described as follows: Beginning at a point on the western R/W line of Christine Drive, said point being the northeast corner of Lot 10A as shown on plat titled "LAKE CHRISTINE AT CROATAN" and recorded in the Office of the Clerk of the Circuit Court of Virginia Beach in Map Book 171 Page 44, and proceeding along the western R/W line of Christine Drive N 29030. 00" E, 67.36' to a point thence turning and continuing along the western R/W line of Christine Drive N 12028'50''W, 15.93' to a point, thence turning and proceeding into the Christine Drive R/W N 77°31'10"E, 25.00' to a point thence turning and proceeding S 29030'00'' W, 88.79" to a point, thence turning and proceeding S 77°31' 10" W, 10.67' to a point on the western R/W line of Christine Drive, said point being the point of/~nning- ~ [& Pamela Piscatelli Faber 80036275 M/U ,og < m Om~ Z ~rnm 0 > V :J!q!qx.q - 29 - Item V-J.$. ORDINANCES ITEM # 41684 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $5,500.98 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan. Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Yoting Nay: None Council Members Absent: None February 25, 1997 ~)RM NO C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY ~F VIRGINIA BEACH, VIRGINIA' That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No, Pa~d Total Gloria Stellwag 97 Gloria Stellwag 97 Lynnhaven United Methodist 97 Lynnhaven United Methodist 97 NALA Corp & Edwin Lindsley 97 NALA Corp & Edwin Lind$1ey 97 NALA Corp & Edwin Lindsley 97 NALA Corp & Edwin Lindsley 97 W W Oliver Jr 97 W W Oliver Jr 97 Richard Hampton & T Reich 97 Ernesto & Ligia Chacon 97 Dale C Henning 97 Mildred A Powers 97 Robert K & Mary Ann Rippel 97 Jason B Cowen 97 John C Wright & Son 96 John C Wright & Son 96 John C Wright & Son 96 Chemical Residential Mort 96 Andy & Mimi Kopassis 96 Young Kwon & Sun Im Chu 96 Young Kwon & Sun Im Chu 96 Young Kwon & Sun Im Chu 95 Young Kwon & Sun Im Chu 95 Young Kwon & Sun Im Chu 94 Young Kwon & Sun Im Chu 94 Francis Orlof 97 RE(1/2) 029278-8 12/4/96 9.45 RE(l/2) 029279-7 11/18/96 11.46 RE(l/2) 081404-6 12/5/96 172.83 RE(l/2) 081405-5 12/5/96 162.66 RE(l/2) 087088-6 11/14/96 261.69 RE(l/2) 087089-5 11/14/96 96.90 RE(l/2) 087090-2 11/14/96 141.64 RE(1/2) 087091-1 11/14/96 248.88 RE(l/2) 125573-6 12/5/96 13.28 RE(l/2) 125576-3 12/5/96 88.82 RE (1/2) 022585-1 12/5/96 305. O0 RE(l/2) 020561-3 11/25/96 35.27 RE(l/2) 053748-0 12/5/96 275.39 RE(l/2) 097090-1 12/5/96 12.20 RE(l/2) 101903-8 11/15/96 21.35 RE(1/2) 025995-8 12/5/96 552.96 RE(1/2) 132947-2 11/28/95 25.26 RE(2/2) 132947-2 6/5/96 25.26 RE(2/2) 132948-1 6/5/96 325.06 RE(l/2) 095539-5 11/24/95 146.53 RE(2/2) 134297-4 6/5/96 1,306.52 RE(1/2) 021520-2 11/27/95 26.26 RE(e/2) 021520-2 5/17/96 26.26 RE(l/2) 02~1206-4 12/5/94 26.17 RE(2/2) 021206-4 5/8/95 26.17 RE(l/2) 021163-6 12/5/93 26.17 RE(2/2) 021163-6 4/29/94 26.17 Animal V02599 1/13/97 8.00 Total 4,403.61 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $4,403.61 were approved by the Council of the City of Virginia Beach on the 2__Sday of Fehrl]~ry . 1997 Ruth Hodges Smith C~ty Clerk Cert Johnl Appr~ to payme~ T. Atk-I~son, ~r(. rer ced as to form: Les~ L. LiIley' C~b/A.~~ ORM NO C A, ? AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Leslie C & Delores Kessell 97 August & Loretta Stefkovich 97 Homer S & Patricia Brockman 97 Norfolk Port & Industrial Auth 97 W T Brown & Associates Ltd 94 W T Brown & Associates Ltd 93 Vanda G Commodore N/A RE(l/2) 065486-0 12/26/96 54.67 RE(l/2) 115900-1 11/29/96 63.82 RE(1/2) 014036-3 12/5/96 2.59 RE(1/2) 102452-1 11/25/96 191.64 RE(l/2) 014732-3 6/29/95 41.71 RE(2/2) 014514-8 6/29/95 642.94 Pkng 508715 1/13/97 100.00 Total 1,097.37 This ordinance shall be effective from date of adoption. The above abatement(s) totaling ~; 1, .097.37 were approved by the Council of the City of Virginia Beach on the 25 day of February., 1997 Ruth Hodges Smith City Clerk A~Ihplo~: dAi~ i~ ~~ 'rmT..reasurer - 30 - Item V-J. 6. ORDINANCES ITEM tt 41#11 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing License and Special Tax Refunds in the amount of $2,565.80 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, 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 February 25, 1997 AN ORDINANCE AUTHORIZING LICENSE AND SPECIAL TAX 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 applications for license and special tax refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL H M P Corporation 1164 Lawson Cove C~rcle V~rgm~a Beach VA 23455 Hubba Hubba, Inc 4584 P~casso Dnve V~rgm~a Beach VA 23456 L~berty Engineering PC 751 Independence C~rcle 201 V~rgm~a Beach VA 23455 1994-95 Audit 183 27 1994-96 Audit 181 29 1995-96 Audit 36 53 183 27 181 29 36 53 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $401 09 of the C~ty of V~rg~ma Beach on the 25th Certified as to Payment ~/_..-R~bert P Vaughan _4~ Commissioner of the Revenue Approved as to form ~'~s~e L Lille~ City Attorney were approved by the Council day of February ,19 97 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE AND SPECIAL TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE ~T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license and special tax refunds, upon certification of the Commissioner of the Revenue are hereby approved. NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Mdler OII Co, Inc P O Box 1858 Norfolk VA 23501 ReId, Marhn L 5305 Ahsh~re Court V~rgm~a Beach VA 23464 Rountree Orgamzat~on (The) 124 Pinewood Road V~rgm~a Beach VA 23451 1995-96 Audit 623 64 19cJ3-96 Audit 30 00 19cJ4-96 Audit 14 52 623 64 30 O0 14 52 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totahng $668.16 of the C~ty of V~rg~n~a Beach on the 25th Certified as to Payment ~~,:s,oVna~rg ho~nfl.~/eve n u e Approved as to form City Attorney were approved by the Council day of February ,19 97 Ruth Hodges Smith C,ty Clerk AN ORDINANCE AUTHORIZING LICENSE AND SPECIAL TAX 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 applications for license and special tax refunds, upon certrfication of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Crandell, John H II 810 S Mowbry Court Chesapeake VA 23322 Great Graphics Inc 9908 MIchael Schar Court V~enna VA 22181 Meera Inc (BusL~c-SpTx) 3009 Redbud Court V~rg~n~a Beach VA 23452 Putting Course, Inc 2700 Atwoodtown Road V~rgm~a Beach VA 23456 1995-96 Audit 83 97 1996 Audit 28 94 1995-96 Audit 423 43 1995-96 Audit 53 85 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $590.19 of the C~ty of V~rg~n~a Beach on the 25th 83 97 28 94 423 43 53 85 Certihed as to Payment ~---~ert P Vaughan ' ~ Comm~smoner of the Revenue Approved as to form L~-'~ie% Lille~ -'- //..--~-~ C[ty Attorney /' were approved by the Councd day of F~bruary ,1 9 97 Ruth Hodges Sm[th City Clerk 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 applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved' NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Sentara Enterp.ses 5555 Greenwmh Road S501 V~rg~ma Beach VA 23462 St.ckland & Ingrain CPA 6160 Kempswlle C~r 22B Norfolk VA 23502 Ward, Patnc~a A 904 Lord Bowman Road VIrginia Beach VA 23464 1995-96 Audit 491 02 1995-96 Audit 405 34 1994 Audit 10 O0 491 02 405 34 10 00 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $906.36 25th of the C~ty of V~rg~n~a Beach on the Certihed as to Payment ~_--RolJert P Vaughan .~-'~_ - Comm~smoner of the~:ieCenue Approved as to form' were approved by the Councd day of February ,19 97 Ruth Hodges Smith C~ty Clerk - 31 - Item V-K. PUBLIC HEARING ITEM # 41~12 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 2. NAGINDER S. AND SHARANJIT K. DHILLON VARIANCE 3. STEI~E FRAZIER AND DR. FITZHUGH MAYO VARIANCE 4. BUBBA CANCER FOUNDATION CONDITIONAL USE PERMIT $. THE RUNNYMEDE CORPORATION STREET CLOSURE 6. C & C DEVELOPMENT, INC. STREET CLOSURE 7. MOTHER SETON HOUSE, INC. T/A SETON HOUSE CONDITIONAL USE PERMIT 8. DRII~RS MART OF VIRGINIA, L.L.C. CONDITIONAL USE PERMIT 9. MARTIN L., JR. AND MARGARET W. CORNICK CHANGE OF ZONING February 25, 1997 Item V-K. PUBLIC HEARING ITEM # 41813 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items ~ 3, 6 and 7 of the PLANNING BY CONSENT Items. Item 7 was DEFERRED until the City Council Session of March 25, 1997. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, 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 Councilman Harrison ABSTAINED on Item 3 (STEVE FR/IZIER AND DR. FIIZHUGH MAYO) as his law firm provides legal services to Steve Frazier. February 25, 1997 - 33 - Item W-K.1. PUBLIC HEARING ITEM # 41814 PLANNING BY CONSENT City Council TOOK NO ACTION: Application of THE CITY OF VIRGINIA BEACH to AMEND and REORDAIN Section 111 of the City Zoning Ordinance re definition of a lodging unit. February 25, 1997 Item V-K.3. PUBLIC HEARING ITEM # 41816 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Application of STEVE FRAZIER and DR. FITZHUGH MAYO for a Variance to Sections 4.1(m), 4.4(b), 4.4(d), 5.5(a) and 5.5Co) of the Subdivision Ordinance. These variances to the City Zoning Ordinance will allow three (3) lots that do not meet the lot-width requirements of the R-40 Residential District; two (2) lots that do not have direct access to a public street; and, waivers of curb, gutter and standard pavement- width requirements. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision ]'or Steve Frazier and Dr. Fitzhugh Mayor. Property is located on the west side of South IVoodside Lane, south of Keelingwood Court. LYNNHAVEN BOROUGH. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm provides legal services to Steve Frazier. February 25, 1997 - 34 - Item F'-K.2. PUBLIC HEARING ITEM # 41815 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Application of NAGINDER S. and SHARANJIT K. DHILLON for a Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Ordinance which require all lots created by subdivision meet all requirements of the City Zoning Ordinance and have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Naginder S. & Sharanjit I~ Dhillon. Property is located at 3542 Glen Arden Road. KEMPSVILLE BOROUGH. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, 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 February 25, 1997 - 36 - Item V-K.4. PUBLIC HEARING ITEM # 41817 PLANNING The following spoke in SUPPORT: Joseph Nicklin, 1928 Severance Court, Phone: 427-6489, President - Bubba Cancer Foundation Loretta Loveless, 853 Williamson Drive, Phone: 398-6889, represented the Fisher House Marilyn King, 1223 Eaglewood Drive, Phone: 425-5667 Thomas Chapman, 326 Monroe 11201, Phone: 491-2159 Christina Lach, 908 South Oriole Circle 11102 Kathleen E. Liles, 2404 Baugh Court, Phone: 721-2383 Bob Loy, 448 CoM Spring Road Richard Shurtz, 440 Pallets Road Robert Wilson, 2092 Shubert, Phone: 430-2322 The following registered in OPPOSITION: Dottie Martz, 444 Pallets Road, Phone: 463-7294, represented the Point 0 Woods Civic League Jack Warren, 421 West Farmington Road, Phone: 463-9816 Philip Rineharg 500 West Farmington Road, Phone: 463-0402 Sally Fronlich, 444 CoM Spring Road Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinance upon application of BUBBA CANCER FOUNDATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BUBBA CANCER FOUNDATION FOR A CONDITIONAL USE PERMIT R02972100 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bubba Cancer Foundation for a Conditional Use Permit for a convalescent home on Lot 3, Block 1, Point O'Woods, Section Two. Said parcel is located at 552 West Plantation Road and contains 20,473 square feet more or less. LYNNH~VEN BOROUGH. The following conditions shah be required: . The Conditional Use permit is approved for a period of one (1) year. Prior to renewal of the use permit, an inspection shall be conducted to ensure that the dwelling and premises are being appropriately maintained and that the use is being conducted in accordance with these conditions. 2. Maximum occupancy of the facility shall be six (6)persons at any one time and the maximum stay shah be thirty (30) consecutive days. Only patients currently receiving cancer treatment at area medical facilities, their caregivers or families coming to visit a family member who is an in-patient at area hospitals shah be eligible to use the facility. Evidence of resident eligibility shall be made available to the Zoning Administrator by the applicant upon request. February 25, 1997 - 37 - Item V-K.4. PUBLIC HEARING ITEM # 41817 (Continued) PLANNING 6. There shall be no exterior evidence that the facility is used in any way other than as a single-family dwelling, except for the sign on the mailbox or a l' x 1' sign. Exterior alterations shall be limited to normal maintenance and repair, with the exception of modifications to the driveway and on-site parking in accordance with Condition g6, below. This use shall provide lodging only; no on-site medical care or counseling shall be conducted. The driveway shall be reconfigured, generally as depicted in the attached sketch entitled "Proposed Driveway Modification for Bubba House," in order to provide for not less than four (4) off-street parking spaces. No visitors other than the caregivers and volunteers shall be on the premises. No use of the house will begin until fence, parking and landscaping are in place. 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 Twen~_ --fi)~h o_f February ~Vineteen Hundred and Ninety-Seven. Voting: 10-1 Council Members I/oting Aye: John ,4. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis t~ Jones, Mayor Meyera ~: Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Reba S. McClanan Council Members Absent: None February 25, 1997 - 38 - Item ~-K.$. PUBLIC HEARING ITEM # 41818 PLANNING Michael J. Barrett, 1829 Eden Way, Phone: 481-6388, Chief Eocecutive Officer - Runnymede Corporation Bob Miller, 5033 Rouse Drive, Phone: 490-9264 Steve Mintor, Administrator - Sentara Convalescent Home Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council APPROVED, subject to compliance by 26 August 1997, the petition upon application of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonm¢~lt of the following streets (L YNNI-L4 FEN BOROUGH): Petition of THE R UNNYMEDE CORPORA TION for the discontinuance. closure and abandonment of the following streets (LYNNHAFEN BOROUGH): It'ne Street: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66.02 feet in width Third Street: Beginning at the Northeastern intersection of tine and Third Streets and running 412.84 feet in an Easterly direction, 50.02 feet in width Poplar Street: Beginning at the Northern boundary of Fourth Street and running 499.40 feet in a Northerly direction, 66 feet in width. L YNNHA FEN BOROUGH. The following conditions shah be required: . The City Attorney's Office shah make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels and ensure that all lots have access to a public street. The applicant is responsible for determining if any private utilities are located within the area proposed for closure and working with the private utility companies to provide any necessary easements. Preliminary comments from the private utility companies indicate that no private utilities will be impacted. Closure of these rights-of-way is contingent upon compliance with the above-stated conditions within 180 days of approval by City Council (26 August 1997). February 25, 1997 - 39 - Item V-K.$. PUBIdC HEARING ITEM # 41818 PLANNING Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley and Nancy IC Parker Council Members Absent: None Items 5, 8 and 9 were VOTED UPON AS ONE ITEM. February 25, 1997 Item ~-K.6. PUBLIC HEARING ITEM # 41819 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED, subject to compliance by 26 August 1997, the petition upon application of C & C DEVELOPMENT, L.L.C. for the discontinuance, closure and abandonment of a portion of Pleasure House Road. Petition of C & C Development, L.L.C. for the discontinuance, closure and abandonment of a portion of Pleasure House Road located on the east side of Pleasure House Road beginning at a point 123.17 feet south of Andrew Jackson Lane, running a distance of 50.42 feet along the east side of Pleasure House Road, running around a curve a distance of 19.81 feet, running a distance of 66.13 feet along the eastern property line and running a distance of IZ$7 feet along the northern property line. Said parcel is variable in width and contains 836 square feet. BAYSIDE BOROUGH. The following conditions shall be required: . The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The right-of-way to be dedicated to the City on Independence Boulevard shall be dedicated on the street closure plat and the applicant shall be credited the value of this dedication toward the purchase price of the right-of-way to be closed. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of approval by City Council (26 August 1997). February 25, 1997 - 41 - Item V-K.6. PUBLIC HEARING ITEM # 41819 (Continued) PLANNING BY CONSENT Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, 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 February 25, 1997 Item V-K. 7. PUBLIC HEARING ITEM # 41820 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED until March 25, 1997, Ordinance upon application of MOTHER SETON HOUSE, INC., T/A SETON HOUSE for a Conditional Use Permit: ORDINANCE UPON ,4PPLICATION OF MOTHER SETON HOUSE, INC., T/,4 SETON HOUSE FOR ,4 CONDITIONAL USE PERMIT FOR ,4 GROUP HOME Ordinance upon application of Mother Seton House, Inc. T/,4 Seton House for a Conditional Use Permit for a group home on certain property located at the southeast corner of North Lynnhaven Road and Edinburgh Drive. Said parcel contains 3.16 acres. LYNNItAVEN BOROUGH. Voting: 11-0 (By Consent) Council Members Voting ,4ye: John `4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None February 25, 1997 Item V-K.8. PUBLIC HEARING ITEM tt 41821 PLANNING Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of DRIVERS MART OF VIRGINIA, L.L.C., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DRIVERS MART OF VIRGINIA, L.L.C., FOR ,4 CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES, RENTAL AND REPAIR R02972101 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEatCH, VIRGINIA Ordinance upon application of Drivers Mart of Virginia, L.L.C., for a Conditional Use Permit for motor vehicle sales, rental and repair on certain property located on the west side of Rosemont Road beginning at a point 400 feet more or less north of South Boulevard. Said parcel contains 14 acres more or less. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. No outdoor paging or speaker systems are permittecL The development shall substantially adhere to the submitted rendering, site plan and landscape plan on file in the Planning Department. The color scheme shall be in keeping with the submitted color board. Minor deviations will be permitted only with the approval of the Planning Director. In addition to the landscaping shown on the submitted landscape plan, a meandering berm with a height of at least three feet (3') at the peaks is required along the Sentara Way frontage. Flower beds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. The sign shall be monument-style with full landscaping at the base and substantially in keeping with the submitted rendering on file in the Planning Department. All sign regulations must be adhered to. No signage is permitted on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. The archway shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. This area shall be landscaped. All applicable setbacks must be adhered to. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and the Expressway, or from the Third Street right-of-way. Hours of operation shall be from 9 AM to 9 PM for the sales operation. Hours for the service center shall be limited to 9 AM to 10 PM. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. February 25, 1997 Item V-K.8. PUBLIC HEARING ITEM # 41821 (Continued) PLANNING 10. All lighting shall be directed away from the nursing facility located on the adjacent property to the West and away from the residentially zoned property located to the South across Sentara Way. A direct access is required for construction traffic from Rosemont Road during construction of the facility. Construction traffic is prohibited on Sentara Way. Any existing healthy trees located within Spruce Street and the 25-foot buffer shall be protected and saved New landscape material, as shown on the landscape plan, shall be added where existing vegetation does not meet the Category I requirements. There shall be a 66' buffer on Spruce Street. 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 Twen~. -_fi. fth o.f February_ Nineteen Hundred and Nine~_ -Seven. Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley and Nancy IC Parker Council Members Absent: None Items 5, 8 and 9 were VOTED UPON AS ONE ITEM February 25, 1997 Item V-K.9. PUBLIC HEARING ITEM # 41822 PLANNING Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of MARTIN L., JR. and MARCa4RET W. CORNICK for a Change o_f Zoning District Class(fication: ORDINANCE UPON APPLICATION OF MARTIN L., JR. & MARGOT W. CORNICK FOR A CHANGE OF ZONING DISTRICT CLA,~IFICATION Z02971065 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Martin L., Jr. & Margaret W. Cornick for a Change of Zoning District Classification on the following parcels: Parcel 1: From R-7.5 Residential District to B-2 Community Business District on certain proeprty located at the southwest corner of Third Street and I ine Street. ~ From B-2 Community Business District to R-7.5 Residential District on certain property located at the southeast corner of Fourth Street and It'ne Street. The proposed zoning classification change to B-2 is for commercial land use. The proposed zoning classification change to R- 7. 5 is for single family residential land use on lots no less than 7, 500 square feet. The Comprehensive Plan recommends use of these parcels for business/research center use in accordance with other Plan policies. Said parcels contain 6.107 acres. LYNNI-L4IfEN BOROUGH. By Gentlemen's Agreement, the applicant will provide a 25' private landscape easement along Spruce Street. This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -_fi_fth of February Nineteen Hundred and Nine~. -Seven. Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley and Nancy K. Parker Council Members Absent: None Items 5, 8 and 9 were VOTED UPON AS ONE ITEM February 25, 1997 Item V-L.I. APPOINTMENTS ITEM # 41823 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Robert H. DeFord III Unexpired term thru 31 December 1999 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, 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 February 25, 1997 - 47 - Item V-O. ADJOURNMENT ITEM # 41824 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:35 P.M. CMC/AAE Hooks, Chief Deputy City Cleric Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February 25, 1997