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MARCH 25, 1997 MINUTESCity of Virginia l each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ~dEYERA E OBERNDORF At Larg{ VICE ~AYOR WILLIAM D SESSO~IS JR At Large JOHN A BAt 7VI Blackwater Borough LINWOOD 0 BRA~qCH Ill V~r~mut Beat h Borough WILLIAM W HARRISON JR Lsnnhaven l~)raugh HAROLD HEISCHOBER At Large BARBARA ~ HENLEY Pungo Borough LOUIS R JONES Bayssde Borough REBA S McCI ANAN' Princess Anne Borough NANCY K PARKER At Large LOUISA ~l S TRA YHORN, Kempswlle Borough ]AMES K SPORE Cay Manager LESLIE L LILLEY Cay Attorney RUTH HODGES SMITH CMC / AAE C~ty Clerk CITY COUNCIL AGENDA March 25, 1997 o~ OUR Nh'~x°¥ CITY HALL BUILDING 2401 COURTHOUSE DRIVE V;RGI~IA BEACH VIRGINI4 23456 9005 {757i 427 4303 I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM ae Be Ce RUDEE INLET DREDGING Phillip J. Roehrs, Coastal Engineer, Public Works JUVENILE DETENTION CENTER E. Dean Block, Director, Management Services VARIABLE MESSAGE SIGNS Robert K. Gey, Traffic Engineer, Public Works II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 5:00 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: Reverend Sandra Benton Beech Grove & Bethel United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F· MINUTES 1. INFORMAL & FORMAL SESSIONS 2. SPECIAL FORMAL SESSION March 11, 1997 March 18, 1997 G. AGENDA FOR FORMAL SESSION Ho PUBLIC HEARINGS 1. AGRICULTURAL PRESERVATION PROGRAM 2. LAKE RIDGE PLAN I · CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. J· ORDINANCES i · Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) from MARGARET B. VENABLE and the issuance by the City of its contract obligations (Blackwater Borough ). Installment Purchase Agreement No. 1997-7 - $308,982. · Ordinance to AMEND and REORDAIN Chapter 35 of the City Code to delete the term "special tax auditor" from Sections 35-1, 35- 136, 35-144, 35-158, 35-166, 35-181 and 35-192. · Ordinance to APPROPRIATE $847,205 in unanticipated revenues to the Virginia Beach Schools from the Federal Government to the FY 1996-1997 School Operating Budget re purchase of replacement school buses; and, estimated revenues from the Federal Government be increased in the School Operating Fund accordingly. · Ordinance to APPROPRIATE 8750,000 from the General Fund Balance to the Multi-Purpose Sports Stadium (CIP #9-003) re funding the design of the stadium. · Ordinance to AMEND the Capital Budget by establishing "Social Services Automation" (CIP #3-112); APPROPRIATE $260,000 in Federal reimbursement revenue to this project; and, APPROPRIATE 851,750 in Federal reimbursement revenue to the Department of Social Services FY 1996-1997 Operating Budget re purchase of three replacement vehicles. · Ordinance to APPROPRIATE $288,800 from insurance proceeds to Farmers' Market Rebuilding and Repair (CIP #3-055) re completing the funding of the project; and, estimated revenues from insurance proceeds be increased accordingly. · Ordinance to APPROPRIATE $125,000 from the Police Department's Airplane Enterprise operation to their FY 1996-1997 Operating Budget re allowing continuation of the prisoner transportation service; and, estimated revenue from prisoner transportation charges be increased accordingly. · Ordinance to ACCEPT and APPROPRIATE 832,000 additional revenue from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 1996-1997 Operating Budget in support of maintenance, training and equipment for the FEMAUrban Search and Rescue Team, Virginia Task Force No. 2. · Ordinance to APPROPRIATE $5,600 from the General Fund Balance in the FY 1996-1997 Operating Budget for the Francis Land House Board of Governor's Trust Fund re purchase of furnishings and textiles and for providing general operating expenses. 10. Ordinance to authorize acquisition of property in fee simple for right-of-way for First Colonial Road/Great Neck Square (CIP #2-28§.18); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation (LYNNHAVEN BOROUGH). 11. Ordinance to authorize a temporary encroachment into a portion of the City's drainage easement at 2216 Kendall Drive to BRUCE W. CRESS re constructing and maintaining a wooden tongue and groove bulkhead (LYNNHAVEN BOROUGH)· 12. Ordinances re property at 4611 North Greenwell Road between Lake Bradford and Lake Joyce in the petition of the JOSEPH ANTHONY BIBLA ESTATE (BAYSIDE BOROUGH) re: a. Release of the City of Norfolk's Right of Reverter. b· Declaring this 25-foot strip of land EXCESS PROPERTY in the City of Virginia Beach; and, to authorize the City Manager to dispose of same· 13. Ordinance to adjust certain conditions re November 12, 1996, Ordinance declaring certain property as EXCESS adjacent to 4766 Open Greens Drive in the petition of THEODORE A. and FRANKIE B. CLAY; authorize the City Manager to dispose of same; and, to revise the consideration from $3700 to $3000, payable to Parks and Recreation's operating budget for future acquisition (KEMPSVILLE BOROUGH)· 14. Ordinances to authorize Tax Refunds in the amount of $14,478.31. 15. Ordinance to authorize License Refunds in the amount of $1,803.28. K· RESOLUTIONS i · Resolution re the Planning Study for design and constuction of a 60-bed secure Juvenile Detention Facility expandable to 75- beds; authorize the City Manager to submit the Planning Study with a request for maximumreimbursement for capital costs to the Board and Department of Juvenile Justice for State approval; authorize the City Manager to extend agreements with the City of Chesapeake for use of the Tidewater Detention Home; and, to direct City staff further explore other options for secure and less secure detention for appropriate juveniles· · Resolution to express support for, and request Congress adopt, legislation that would restore the integrity of the four Federal Transportation Trust Funds by removing them from the Unified Federal Budget. · Resolutions to request the Virginia Department Transportation (VDOT), effective July 1, 1997: of a· ACCEPT additional streets representing an additional 26.45 lane miles be ACCEPT corrections and delete 9.89 lane miles from the urban street inventory c. Pay urban maintenance to the City on the established rate L. PUBLIC HEARING - PLANNING 6:30 PM PLANNING BY CONSENT - To be determined during the ~4genda Review Session. i . Application of LYNNHAVEN UNITED METHODIST CHURCH for a Conditional Use Permit for two 135-foot monoDole communication -- ~[O~t~r~ on the South side of Little Neck Road, East of Red Oak Road (1033 Little Neck Road), containing 3.44 acres (LYNNHAVEN BOROUGH). Deferred: Recommendation: February 11, 1997 APPROVAL 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 (LYNNHAVEN BOROUGH). Deferred-. Recommendation-. February 25, 1997 APPROVAL . Application of PEP BOYS for a Conditional Use Permit for an automobile repair facility at the Northwest corner of Virginia Beach Boulevard and Hutton Road (2472 Virginia Beach Boulevard), containing 3.614 acres (LYNNHAVEN BOROUGH). Recommendation-. APPROVAL . Application of SARAH J. COREY for a Conditional Use Permit for a home occupation-(rest home) on the East side of Baker Road beginning at a point 240.73 feet South of Lawson Hall Road (1028 Baker Road), containing 14,850 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL . Application of CHURCH OF THE REDEEMER for a Conditional Use ~ for a church on the South side of Seaboard Road, 1700 feet more or less East of Bernadotte Street, containing 33.5 acres more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL · Application of ANTONIO T. LUNDY for a Conditional Use Permit for a ~ on the East side of Gammon Road, beginning at a point 235.9 feet North of Indian River Road (812 Gammon Road), containing 31,489 square feet (KEMPSVILLE BOROUGH)· Recommendation: APPROVAL · Applications of MILLER OIL CO., INC., at the Southwest intersection of London Bridge Road and Mirror Lake Drive, containing 2.277 acres (PRINCESS ANNE BOROUGH): a. Conditional Chanae of Zonina District Classification from B-1 Neiahborhood Business District to Conditional B-2 Community Business District. b· Conditional Use Permit for an automobile service station and a car wash. Recommendations: APPROVAL . Application of BRIAN J. and STEFANY DOLMAT for a Conditional Chanae of Zonina District Classification from R-SD Residential Duplex District to Conditional O-1 Office District at the Southwest corner of Virginia Beach Boulevard and Thalia Road (221Thalia Road), containing 16,000 square feet (KEMPSVILLE BOROUGH). Recommendation-. APPROVAL · Application of RECARDO LEWIS, NEW DIRECTION DEVELOPMENT CO., L.L.C. for a Change of Zoning District Classification from ~G- 1 and AG-2 Aaricultural District to R-10 Residential on the North side of Painters Lane beginning at a point 300 feet more or less West of Townfield Lane, containing 45 acres more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Mo APPOINTMENTS HEALTH SERVICES ADVISORY BOARD PENDLETON PROJECT MANAGEMENT BOARD PLANNING COUNCIL TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT FY 1997-1998 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE Budget & C.I.P Presentation Council Workshop Council Workshop Council Workshop Council Workshop Pubhc Hearing Councd Workshop Council Workshop Public Hearing Reconcihatlon Workshop Adopt Budget & C I.P DATE Tuesday, April 1 Thursday, April 3 Tuesday, April 8 Thursday, April 10 Tuesday, ,4~oril 15 TIME 2.00 PM 3.00 PM - 6:00 PM 10.00 AM - Noon 3:00 PM - 6.00 PM 10.00 AM - Noon PLACE City Council Chamber City Manager's Conference Room City Manager's conference Room City Manager's conference Room City Manager's Conference Room Thursday, April 17 7:00 PM Pnncess Anne High School 3:00 PM - 6:00 PM 3:00 PM - 6:00 PM 2:00 PM Following Council Session 2:00 PM Thursday, April 24 Tuesday, April 29 Tuesday, May 6 Tuesday, May 6 Tuesday, May 13 City Manager's Conference Room City Manager's Conference Room City Council Chamber City Manager's Conference Room * * * fl * * fl fl fl COUNCIL SESSIONS RESCHEDULED APRIL 15, 1997 - 2:00 PM (Rescheduled from April 22, 1997) fl fl * * * * * * * If yOU are physically d~sabled 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) fl fl fl . . fl fl . fl fl 03/20/97BAP AGENDA\03-25-97. PLN www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 25, 1997 · Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, March 25, 1997, at 2:30 P. M. Council Members Present: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III, [ENTERED: 2:40 P.M.] Louisa M. Strayhorn [ENTERED: 2:40 P.M.] -2- CITY MANAGER'S BRIEFING R UDEE INLET DREDGING 2:30 P.M. ITEM # 41894 Phillip J. Roehrs, Coastal Engineer, Public Works, advised City staff has been approached by interests in the Rudee Inlet basin requesting that the City's dredge and personnel be utilized to perform maintenance dredging at a commercial marina where all associated costs will be paid by the Marina. A large part of the basis for public expenditures to maintain Rudee Inlet is centered on supporting the marina and charter fishing regarding support of the resort tourism industry, providing these services, particularly if all costs are paid by the private interests, warrant consideration. The public/private venture concept for providing dredging services within the Rudee Inlet Basin offers an opportunity to utilize the City's unique capabilities to improve the quality of the basin's waterfront facilities for the benefit of our citizens and guests and could help defray General Fund expenditures for the inlet maintenance program. Additionally, production dredging, now averaging 70 days per year, could be significantly increased by working within the sheltered basin when weather conditions preclude safe operations in the Inlet. While the dredge at times is idle, the City must be assured the dredge is available for its primary mission. The primary mission of the dredge is to maintain the Inlet channel system. At times of critical shoaling the entire work schedule for the dredge must be dedicated to this purpose. Also, the bureau assigned to inlet dredging has a secondary assignment - bridge maintenance. During non-shoaled down-time, resources usually assigned to the dredge are shared with bridge maintenance to assist in maintaining the City's bridges and overpasses. A policy report was issued regarding Rudee Inlet Maintenance Dredging, recommending the staff of the bureau be increased: 10 additional FTEs necessary to double the dredge's productivity for a given year. The staff is still investigating that report and a study has been commissioned to verify the findings which will be brought to City Council with an independent view. If a change in the organization is not made, the staff may not have the capability to assume the additional work Probably the most significant concern is that the dredge, Rudee Inlet II, is not really the right kind of dredge to be utilized for this work. Rudee Inlet II is a hydraulic cutter head dredge (with a fixed arm in fronO. To manipulate that system inside the tight confines of a marina is going to be very slow production. Another concern is the placement of the dredged material. To dispose of the dredged material, the most appropriate alternative wouM be to utilize Lake Wesley, which is currently an authorized federal placement area for the Channel, but there are many concerns relative Lake Wesley. The City Attorney's Office has concluded that the use of City's equipment and personnel to perform maintenance dredging on private property adjacent to the City-owned and maintained channel wouM be legally permissible provided the following two conditions, at a minimum, are met: (1) the dredging operation must be conducted pursuant to a cost-participation or similar agreement whereby the property owner agrees to pay all or a substantial portion of the costs associated with the operation; and (2) the dredging operation must result in a significant benefit to public interests. Notwithstanding the legality of the dredging operation itself,, there are other legal issues associated with this proposal. First, dredging within the tight confines of a marina will represent a set of potential liabilities in the form of damages to private property. Insurance might be purchased to cover this potential, and the cost passed on to the property owner. Dredging involves environmental concerns. If the City unintentionally violates an environmental permit or a law while performing the proposed work, it could face fines and other legal expenses. Therefore, the City would have to rely on the private property owner to indemnify it against such expenses. The properties which might potentially become the City's clients are: Virginia Beach Fishing Center, two or three commercial marinas, a large condominium and two neighborhoods. However, there are probably no more than 10 or 15 clients available. The approximate daily rate for the City's dredge would be $6,200, as opposed from $10,000 to $15,000 a day for a commercial dredge of comparable class. This proposal shall be considered during the FY 1996-1997 Operating Budget relative the Rudee Inlet Ancillary Dredging and the additional employment of I0 FTEs. The DRAFT of the Policy and agreements with the private sectors and insurance liability issues will be investigated and prepared. March 25, 1997 -3- CITY MANAGER'S BRIEFING RUDEE INLET DREDGING ITEM # 41894 (Continued) Wayne McClesky, o~ner of the Virginia Beach Fishing Center, advised of the emergency situation. He purchased the Fishing Center from the City in a public offering. Considerable improvements have been made in the facility. It was mandated by deed restriction that Mr. McClesky operate a commercial fleet (13 larger boats and 28 smaller boats). Four years ago, Mr. McClesky dredged the Fishing Center to minus six foot. Mr. McClesky displayed pictures of its present condition. It is filling in at 11 inches per month. The boats are on the bottom and cannot be movecL The material is flowing through Lake Holly at an extraordinary rate. The marina may have to be shut down. Mr. Roehrs advised the Federal/City channel west of the bridge was surveyed last in 1993 and dredged last in 1992. The channel was fine at that last survey. If the channel is shoaled, it will be dredged. There is an agreement with the Corps of Engineers that the City will handle same. Mr. Roehrs advised as there is a emergency situation at the Fishing Center, the Rudee Inlet H shouM not be utilizevL By the time the permit nightmare was structured through and the agreement and terms with Mr. McClesky, the Summer season would have arrivevL The efforts should then be refocused with making the disposal site for mechanical dredging available. Mr. McClesky would contract the work and the City would make available some place to place the dredged material. Stormwater sediments blocking navigation do not result in responsibility for the City to maintain navigation. The City Manager advised the City does not wish to create a precedent which would cause problems. There were problems last year at the Fishing Center. The cost of mechanical dredging can be investigated and free disposal at the City's disposal site. This would be the fastest approach. The City can clean out what it can reach with their equipment and make the disposal site available at no charge. Mr. Rohers suggested the Fishing Center apply to utilize the Lake Wesley placement area. The City Manager was requested to finalize a DRAFT policy, provide the alternative costs and furnish same to City Council within two weeks. The key issue is the site disposal. March 25, 1997 -4- CITY MANAGER'S BRIEFING JU~NII~ DETENTION CENTER 3:$$ P3~. ITEM It 41895 E. Dean Block, Director - Management Services, advised the Juvenile Detention Center is currently proposed adjacent to the new Post Office. The Planning Study for the Virginia Beach Juvenile Detention Center was distributed to City Counci~ and is hereby made a part of the record. City staff has been worldng with the architectural and engineering firm of Hayes, Seay, Mattern and Mattern, Inc. to complete a Planning Study to develop the plan for construction, staffing and operation of the Virginia Beach Juvenile Detention Center which was planned and approved in the City's Capital Improvement Program as a 4S-bed, 27,000 square foot facility with ultimate expansion to 75 beds and 45,000 square feet. This study is a requirement of the State in order to be considered for reimbursement for a portion of construction and operational costs. On February 17, 1997, the study was preliminarily submitted to the State Department of Juvenile Justice for review, which will take about 2 months. Prior to the start of design and prior to final review and approval from the State, staff believes it is necessary for Council to revisit issues involving the scope and increasing cost of this project. During the development of the Planning Study, the Juvenile and Domestic Relations Court requested that the City design and construct a facility which would open at 60 beds rather than 45 beds. In FY 93-94, the Detention Center Project was first included in the CIP, and the Juvenile and Domestic Relations Court was placing an average of 31 juveniles per day in secure detention at the Tidewater Detention Home. Currently during FY 96-97, the Juvenile and Domestic Relations Court has ordered an increasing amount of juveniles to secure detention with a projected average of 45juveniles per day. The Court feels that a 45-bed facility will be inadequate to meet its needs by the time the facility is estimated to be completed in May 2000. In consideration of the Court's request HSMM developed a 60-bed alternative for planning and costing purposes, and provided comparative costs for a 4S-bed facility. Compared to the existing estimate in the FY 96-97 CIP of $6.7-MILLION for a 4S-bed facility (including land costs), the updated cost estimates (including land costs) are significantly higher with a 4S-bed facility estimated at $9.I-MILLION and a 60-b~d fac'dity at $9.9-MILLION. William Porter, Senior Vice President Hayes, Seay, Mattern and Mattern, Inc., advised four Juvenile Detention Facilities designed by his firm are currently under construction in Virginia. The intent is to make a highly secure facility which also provides educational opportunities for the children mandated by law. It is essentially a jail with an attached school. ~4 medium secure housing facility in Beaumont is approximately $157.00 a square foot (a State ProjecO and is a 200-bed project. The heating system is part of a separate project. A maximum secure facility, more consistent with the level of security of the Juvenile Detention Center, composed of 182 beds, is $I 89. O0 per square foot. The Hanover County facility costs $144.00 per square foot and is comprised of 180 beds and does not have a kitchen, which will be added later. There is a regional facility in Winchester, which will be located on the site with the regional jail and they will share a kitchen. This facility is $175.00 per square foot. The State has imposed these standards, but capped their amount of participation. The primary sources of funding for this capital project are Charter Bonds and reimbursement from the State based on 50% of approved costs up to a maximum of $5~OOO per bed. The amount of the estimated reimbursement will not be known until after the State completes its review of the Planning Study. Maximum State reimbursement would be $2,340,006 for the 4S-bed fac'dity and $3,120,000 for the 60- Four options are available: (1) Continue the Detention Center project opening as a 4S-bed facility expandable to 7S-beds, (2) expand the scope to open as a 60-bed facility expandable to 75 beds, (3) cancel the project, or (4) continue State review while exploring other alternatives. Judge H. Thomas Padrick, Jr., - Juvenile and Domestic Relations District Court, advised all of the Judges of this Court strongly urge the City Council not to accept Options Three or Four of the Detention Center Policy Report dated March 18, 1997. The Court strongly recommends that City Council accept Option Two and build the 60-bed facility as designed with potential expansion to 75 beds. Judge Padrick presented a letter in SUPPORT of this Option, which is hereby made a part of the record. This Court is presently guaranteed 40 beds at the Tidewater Detention Home. Tidewater Detention Home's rated capacity presently is 89. There are 146 juveniles detained in the Tidewater Detention Facility, and it is severely overcrowded. Children are sleeping on the ftoor and in shifts. March 25, 1997 -5- CITY MAN~4GER'S BRIEFING JUVENILE DETENTION CENTER ITEM # 41895 (Continued) The City staff recommends Option 4. The City proposes to include the full project cost of a 60-bed facility in the upcoming CIP, sdth the ad&'tional cost reflected in Year 2 so as to pro, de flexibility. The City staff requested City Council direct staff to work with other communities to develop possible regional approaches to a regional need. Within the next 6 to 8 weeks and prior to final CIP action, the staff will be able to report back to Council and recommend final action. The City will continue to work with the State in this matter and retain the on-going services of HSMM throughout this process. The difference between what the State will pay under their current formula and what they will pay if they pay the fiat 50% is approximately $1.8-MILLION. The City is at least a year away from commencing construction. Mr. Block agreed with pursuing a change in the current ,formula to deri~,e more funding from the State. Mr. Block advised a contract was negotiated with Chesapeake whereby the City invested less than $1- MILLI02I, which allows the City to have up to 40 children a day there at a price of $40.41 a day. $75.00 per day is paid for the number of children over 40. Chesapeake has the right to terminate at 40, but has not done so. March 25, 1997 -6- CITY MANAGER'S BRIEFING VARIABLE MES.~IGE SIGNS ITEM # 41896 4:38 P34. Robert IC Gey, Traffic Engineer, advised the purpose of this Policy Report is to provide information regarding the proposed use of Variable Message Signs in the City. The Virginia Department of Transportation has approximately 56 Variable Message Signs (VMS) available for distribution to the Hampton Roads area at no cost. These are brand new signs that were originally purchased for the Dulles Toll Road in Northern Virginia, but now are not needed for that facility. Each sign unit consists not only of the sign panel, but also a controller and cabling. Virginia Beach has been approved to receive 16 signs and the value of these 16 signs is approximately $240,000 - $280,000. VDOT has recently notified the City that they also have other localities considering use of these signs and it is urgent the City take possession or be in jeopardy of losing their signs. The Resort Gateway and Pacific Avenue Corridor study recommends variable message boards be utilized to help provide directions to motorists and relieve congestion in the Resort Area. Portable Variable Message Signs have been used for the ~4merican Music Fegival on a rental basis at a cost of $7,500 annually. The permanent signs are intended to direct traffic around Oceanfront congestion utilizing Laskin Road and Birdneck Road. Traffic would be direct to the closest access point to their destination using gateways such as Norfolk Avenue, 17th Street, 19th Street and Laskin Road. The signs would supplement the existing VMS signs on Route 44. Congestion management is of great concern in the resort area. There are several tools available to address congestion. The more significant methods are park and ride lots, trolleys, express bus, van pools, highway advisory radio, police traffic control and variable message signs. Congestion cannot be brought under control using only one of these tools. There must be a combination of these tools implemented to significantly reduce congestion. The advantage of variable message signs is they provide real time information without the user having to change to a special radio station, which is the case for highway advisory radio. For drivers, VMS is the most efficient and highest impact means of communication. Information can be displayed regarding how to best access the resort area and provide current parla'ng availability. The signs can be used as congestion develops, advise of specific events and provide supplemental information during periods when police are required to direct traffic. While moving directly from concept to design/construction has not been the procedure used for most current projects, it is appropriate for this project. There is an immediate need for the signs for special events, the new 9th Street Parking Garage and the proposed trolley lanes. Equipment and support are being provided by VDOT. If the City does not move ahead with the project and transport the signs in the near future, the signs will be reallocated to other localities by I~90T. Should the City take possession of the signs and subsequently decide against their use at some future data, they can be returned to the State or other cities in the region. This item has been reviewed by the Resort Areas Advisory Commission (RAAC) Transportation, Parking and Pedestrian Sub-Committee, who recommended endorsement by R/IAC. RA~C approved the concept plan at their March 13, 1997, meeting with the recommendation that staff look at placing some VMS outside the resort area to provide further advance direction regarding accessing the resort area. They also recommended that aesthetics be considered in the design of the VMS supports. Both the Virginia Marine Science Museum and the Amphitheater have expressed interest in VMS for their facilities. City staff recommends accepting the 16 signs from I/DOT. A design would be prepared involving input from appropriate civic organizations. This design, after receiving City Council approval, would be to install six signs in two phases as a demonstration project. If the demonstration project proves successful then the remainder of the signs would be programmed for installation. These signs are much smaller than those on the interstate. Aesthetically pleasing poles or other supports can be designed for these signs and landscaping plans developed to approve the quality appearance of the installations. The signs can also be dressed up with static signs or masks above and/or below the variable message sign. Static signs could display messages such as "Welcome to Virginia Beach", with a Virignia Beach logo, or consist of beach graphics such as waves, shells, sea life, etc. City Council will decide upon acceptance after Councilman Branch's discussion with the Resort Area Advisory Commission. March 25, 1997 -7- AGENDA RE VIEW SESSION 5:00 P.M. ITEM # 41897 Vice Mayor Sessoms advised DEFERRAL until the City Council Session of April 29, 1997: J. 1 Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) from MARGARET B. VENABLE and the issuance by the City of its contract obligations (Blackwater Borough). Installment Purchase Agreement No. 1997- 7 - $308,982. ITEM # 41898 Vice Mayor Sessoms advised this item will be discussed during the Formal Session: J. 4. Ordinance to APPROPRIATE $750,000 from the General Fund Balance to the Multi-Purpose Sports Stadium (CIP 89- 003) re funding the design of the stadium. ITEM # 41899 Vice Mayor Sessoms advised the following Resolution will be discussed during the Formal Session. RESOLUTIONS K. 1 Resolution re the Planning Study for design and construction of a 60-bed secure Juvenile Detention Facility expandable to 75-beds; authorize the City Manager to submit the Planning Study with a request for maximum reimbursement for capital costs to the Board and Department of Juvenile Justice for State approval; authorize the City Manager to extend agreements with the City of Chesapeake for use of the Tidewater Detention Home; and, to direct City staff further explore other options for secure and less secure detention for appropriate juveniles. ITEM # 41900 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES J.1 Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) from MARGARET B. VENABLE and the issuance by the City of its contract obligations (Blackwater Borough). Installment Purchase Agreement No. 1997-7 - $308,982. J. 2 Ordinance to AMEND and REORDAIN Chapter 35 of the City Code to delete the term "special tax auditor" from Sections 35-1, 35-136, 35-144, 35-158, 35-166, 35-181 and 35- 192. March 25, 1997 -8- AGENDA RE VIE tV SESSION ITEM # 41900 (Continued) J.3 J. 7 J. 9 JlO Jll J12 a. Ordinance to APPROPRIATE $847,205 in unanticipated revenues to the Virginia Beach Schools from the Federal Government to the FY 1996-1997 School Operating Budget re purchase of replacement school buses; and, estimated revenues from the Federal Government be increased in the School Operating Fund accordingly. Ordinance to AMEND the Capital Budget by establishing "Social Services Automation ~ (CIP tt3-112); APPROPRIATE $260,000 in Federal reimbursement revenue to this project; and, APPROPRIATE $5L750 in Federal reimbursement revenue to the Department of Social Services FY 1996-1997 Operating Budget re purchase of three replacement vehicles. Ordinance to APPROPRIATE $288,800 from insurance proceeds to Farmers' Market Rebuilding and Repair (CIP 113- 055) re completing the funding of the project; and, estimated revenues from insurance proceeds be increased accordingly. Ordinance to APPROPRL4TE $125,000 from the Police Department's Airplane Enterprise operation to their FY 1996- 1997 Operating Budget re allowing continuation of the prisoner transportation service; and, estimated revenue from prisoner transportation charges be increased accordingly. Ordinance to ACCEPT and APPROPRIATE $32,000 additional revenue from the Federal Emergency Management Agency (FEM,) to the Fire Department's FY 1996-1997 Operating Budget in support of maintenance, training and equipment for the FEMA Urban Search and Rescue Team, Virginia Task Force No. Z ordinance to APPROPRIATE $5,600 from the General Fund Balance in the FY 1996-1997 Operating Budget for the Francis Land House Board of Governor's Trust Fund re purchase of furnishings and textiles and for providing general operating expenses. Ordinance to authorize acquisition of property in fee simple for right-of-way for First Colonial Road/Great Neck Square (CIP 112-285.18); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation (L YNNtL4 VEN BOROUGH). Ordinance to authorize a temporary encroachment into a portion of the City's drainage easement at 2216 Kendall Drive to BRUCE IV. CRESS re constructing and maintaining a wooden tongue and groove bulkhead (L YNNtL4 FEN BOROUGH). Ordinances re property at 4611 North Greenwell Road between Lake Bradford and Lake Joyce in the petition of the JOSEPH ANTHONY BIBLA ESTATE (BAYSIDE BOROUGH) re: Release of the City of Norfolk's Right of Reverter. Declaring this 25-foot strip of land EXCESS PROPERTY in the City of Virginia Beach; and, to authorize the City Manager to dispose of same. March 25, 1997 -9- AGENDA RE VIEW SESSION ITEM # 41900 (Continued) J13 Ordinance to adjust certain conditions re November 12, 1996, Ordinance declaring certain property as EXCESS adjacent to 4766 Open Greens Drive in the petition of THEODORE A. and FRANKIE B. CLAY; authorize the City Manager to dispose of same; ana~ to revise the consideration from $3700 to $3000, payable to Parks and Recreation's operating budget for future acquisition (KEMPSVILLE BOROUGH). J14 Ordinances to authorize Tax Refunds in the amount of $14,478.31. Jl$ Ordinance to authorize License Refunds in the amount of $1,803.28. RESOLUTIONS K.2 Resolution to express support for, and request Congress adopt, legislation that would restore the integrity of the four Federal Transportation Trust Funds by removing them from the Unified Federal Budget. Resolutions to request the V'trginia Department of Transpor~t~tion (VDOT), effective July 1, 1997: a. ACCEPT additional streets representing an additional 26.45 lane miles b. ACCEPT corrections and delete 9.89 lane miles from the urban street inventory c. Pay urban maintenance to the City on the established rate March 25, 1997 - 10 - ,4GENDA RE VIEW SESSION ITEM # 41901 Councilman Harrison referenced the request of Attorney 1~ J. Nutter for DEFERRAL; however, this request was received too late and he will not make a MOTION for DEFERRAL. Mayor Oberndorf advised receipt of a request of Mark D. Williams, McGuire Woods, Battle & Booth, via fax advising that in the event the application is not DEFERRED, the individuals would like to address City Council for their allotted time. Councilman Harrison advised the President of the Civic League does not support a DEFERRAL. L.1 Application of L YNNHA VEN UNITED METHODIST CHURCH for a Conditional Use Permit for two 135-_foot monopole communication towers on the South side of Little Neck Road, East of Red Oak Road (1033 Little Neck Road), containing 3.44 acres (LYNNHA FEN BOROUGH). ITEM # 41902 Councilman Harrison advised this item will be discussed during the Formal Session: K.2 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 # 41903 Council Lady Henley requested discussion of the conditions: K.3 Application of PEP BOYS for a Conditional Use Permit for an automobile re_pair facili~_ at the Northwest corner of Virginia Beach Boulevard and Hutton Road (2472 Virginia Beach Boulevard), containing 3.614 acres (L YNNHA VEN BOROUGH). ITEM # 41904 Council Lady McClanan had concerns relative the Homeowners Association taking care of the lake. Application of RECARDO LEWIS, NEW DIRECTION DEVELOPMENT CO., LL.C. for a Change of Zoning District Class(Scatiort from AG-1 and AG-2 Agricultural District to R-10 Residential on the North side of Painters Lane beginning at a point 300 feet more or less West of Town.field Lane, containing 45 acres more or less (PRINCESS ANNE BOROUGH). ITEM # 41905 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. 4 Application of SARAH J. CHAIR for a Conditional Use Permit for a home occupation-(rest home.) on the East side of Baker Road beginning at a point 240. 73 feet South of Lawson Hall Road (1028 Baker Road), containing 14,850 square feet (BAYSIDE BOROUGH). March 25, 1997 - 11 - AGENDA RE VIEW SESSION ITEM # 41905 (Continued) Application of CHURCH OF THE REDEEMER for a Conditional Use Permit for a church on the South side of Seaboard Road, 1700 feet more or less East of Bernadotte Street, containing 33.5 acres more or less (PRINCESS ANNE BOROUGH). Application of ANTONIO T. LUNDY for a Conditional Use Permit for a church on the East side of Gammon Road, beginning at a point 235.9 feet North of Indian River Road (812 Gammon Road), containing 31,489 square feet (KEMPSVILLE BOROUGH). IC7 Applications of MILLER OIL CO., INC., at the Southwest intersection of London Bridge Road and Mirror Lake Drive, containing 2.277 acres (PRINCESS ANNE BOROUGH): a. Conditional Change of Zoning District Classification from B-1 Neighborhood Business District to Conditional B-2 Communi~. Business District. b. Conditional Use Permit for an automobile service statiott and a car wash. 1(.8 Application of BRIAN J. and STEFANY DOLMAT for a Conditional Change o.f Zoning District Class(fcation from R- 5D Residential Duplex District to Conditional O-I Office District at the Southwest corner of Virginia Beach Boulevard and Thalia Road (221 Thalia Road), containing 16,000 square feet (KEMPSVILLE BOROUGH). ITEM # 41906 City Attorney Leslie Lilley advised City Council receives a weekly litigation letter. There is no public record of cases being resolved, other than in the courts. After discussions with a newspaper reporter, Mr. Lilley advised at the first meeting of each month under NEW BUSINESS in the City Council Agenda, for information purposes, there shall be a list of cases resolved with a notation disposition details available on request from the City Attorney's office. The City Attorney requested City Council note acceptance of same during the City Council Session each month. March 25, 1997 - 12 - CITY COUNCIL CONCERNS ITEM # 419O7 BY CONSENSUS, City Council AMENDED the FY 1997-1998 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE as follows: FY 1997-1998 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE EVENT Budget & C. LP Presentation Council Workshop Council Workshop Council Workshop Council Workshop Public Hearing Council Workshop Council Workshop Public Hearing Reconciliation Workshop DATE Tuesday, April I Thursday, April 3 Tuesday, April 8 Thursday, April 10 Tuesday, April 15 Thursday, April 17 Thursday, April 24 Tuesday, April 29 Informal Session Formal Session (Rescheduled from 4/22) Adopt Budget & C. LP TIME 2:00 PM 3:00 PM - 6:00 PM 10:00 AM - Noon 3:00 PM - 6:00 PM 10:00 AM - Noon 7:00 PM 3:00 PM - 6:00 PM 10:00 AM - NOON 12: NOON - 2:00 PM 2:00 PM - 'til PLACE City Council Chamber City Manager's Conference Room City Manager's Conference Room City Manager's Conference Room City Manager's Conference Room Princess Anne High School City Manager's Conference Room City Manager's Conference Room City Manager's Conference Room City Council Chamber Tuesday, May 6 Tuesday, May 6 Tuesday, May 13 2:00 PM Following Council Session 2:00 PM City Council Chamber City Manager's Conference Room City Council Chamber The City Council Regular Session was RESCHEDULED from April 15, 1997 to April 29, 1997. ITEM # 419O9 Mayor Oberndorf advised as a result of the work of the Virginia Urban Partnership, the Regional Competitiveness Program is rapidly moving forward into the implementation states. The General Assembly added $3-MILLION to the original $3-MILLION allocation to the RCP incentive fund. The Hampton Roads Partnership requested Mayor Oberndo~ Mayor William B. Ward, Mayor Paul Fraim, and Mayor James Eason to sign a letter requesting these funds be utilized on programs that relate to improving the region's competitive position in the global economy and consistent with the Plan 2007 vision and goals. Said letter is hereby made a part of the record. ITEM # 41910 Council Lady McClanan requested the ADOPTION of the LAKE RIDGE PLAN be SCHEDULED for a later City Council Session, perhaps the May 27, 1997, City Council Session. March 25, 1997 - 13 - ITEM # 41911 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, March 25, 1997, at 5:20 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, l~lliam Vd. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, l/ice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None March 25, 1997 - 14 - ITEM # 41912 Mayor Meyera E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the .following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employmeng assignmeng appointment. promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 (4) (1). Appointments - Boards and Commissions: Health Services Advisory Board Planning Council Towing 4dvisory 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). Acquisition of Property Southeastern Parkway and Greenbelt 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 EXECUTII/'E SESSION (5:20 P.M.) I~'oting : 11-0 Council Members Voting 4ye: 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 March 25, 1997 - 15- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL March 25, 1997 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Council Chamber, Ctty Hall Buildtng, on Tuesday, March 25, 1997, at 6. O0 P.M Council Members Present: John A Baum, Linwood 0 Branch, III, Wtlliam W Harrtson, Jr., HaroM Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Councd Members Absent: None INVOCATION Reverend Sandra Benton Beech Grove & Bethel United Methodist Churches PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Ftdelity Bank chsclosed there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tnchvidually or tn hts capactty as an officer of Central Fidehty Bank The Vtce 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 March 25, 1997 - 16 - CERTIFICATION OF EXECUTIF~E SESSION ITEM # 41913 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, 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: 10-0 Council Members Voting Aye: John .4. Baum, Linwood O. Branch, III, William Vd. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn March 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 # 41912 Page No. 14 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, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R~h Hodges Srn~th, CMC/AAE City Clerk March 25, 1997 -17- Item V-F. 1/2 MINUTES ITEM # 41914 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS March I1, 1997 and SPECIAL FORMAL SESSION of March 18, 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 I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 25, 1997 - 18 - Item V-G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41915 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 25, 1997 - 19 - Item F'-G. 2. INTRODUCTION ITEM # 41916 Mayor Oberndorf introduced the following BOY SCOUTS in attendance to earn their Merit Badges for "Citizenship In the Community" TROOP 921 SPONSORED BY: ST. NICHOLAS CHATHOLIC CHURCH Chris Fernicola Tim Forman March 25, 1997 Item V-H.1. PUBLIC HEARING ITEM # 41917 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: AGRICULTURAL PRESERVATION PROGRAM There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING March 25, 1997 - 21 - Item V-H.2. PUBLIC HEARING ITEM # 41918 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: LAKE RIDGE PLAN The following registered to speak: Lt. Colonel Edwin R~ Riley, 611 Tam-O-Shater Road, Willliamsburg, Phone: 229-6372 Matthew Brown, General Manager - Brewer's East, Phone: 427-5880 Maxine Graham, 581 Sandbridge Road, Phone: 721-3661 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING March 25, 1997 - 22 - Item V-J. ORDINANCES ITEM # 41920 Upon motion by Councilman Sessoms, seconded by Councilman Harrison City Council APPROVED BY CONSENT in ONE MOTION Ordinances 1, P~ 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15. Item I was DEFERRED until the City Council Session of April 29, 1997 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM 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 March 25, 1997 - 23 - Item V-J.1. ORDINANCES ITEM # 41921 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED UNTIL CITY COUNCIL SESSION APRIL 29, 1997: Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) from MARGARET B. I/ENABLE and the issuance by the City of its contract obligations (Blackwater Borough). Installment Purchase Agreement No. 1997- 7 - $308,982. 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 K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 25, 1997 - 24 - Item V-J.2. ORDINANCES ITEM # 41922 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 35 of the City Code to delete the term "special tax auditor" from Sections 35-1, 35-136, 35- 144, 35-158, 35-166, 35-181 and 35-192. 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. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 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 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35 OF THE CITY CODE TO DELETE THE TERM "SPECIAL TAX AUDITOR" SECTIONS AMENDED: 35-1, 35-136, 35-144, 35-158, 35-166, 35-181, and 35-192 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 35-1, 35-136, 35-144, 35-158, 35-166, 35-181, and 35-192 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 8e~. 35-X. --"' ............... : .......... ;'----- ____~_e A_ .... ~ A_I__ __-eA- .... --I ..... ~ 1---' ~ -1_-~ ..... ~--1-- __----' --__-1 -1 .... ~__e .... --_1-- ' ...... -' - -' ...... -' ......................... all ~-1- - powers ~A ~.~V A~ A%.~AA %.~m {.,AAA ~ %.JAA~.; {..~::~. , ~AA%A %.AA~2 ~AACXA A ~X~.-~, i :~ ~:: · · · se~. 35-z36. ~e~LnL~Lons. Except where the context clearly indicates a different meaning, the following words and phrases, when used in this article, shall, for the purpose of this article, have the meanings ascribed to them in this section: City treasurer. "City treasurer" means the treasurer of the city and any of his duly authorized deputies and agents. Commissioner of revenue. "Commissioner of revenue" means the commissioner of revenue of the city and any of his duly authorized deputies and agents. Food. "Food" means any and all refreshments and nourishment, liquid or otherwise. Person. "Person" means: (a) Where the restaurant is a corporation, the president or managing agent of such corporation. (b) Where the restaurant is an unincorporated partnership or association, the general partner, partners, or managing agent of such unincorporated partnership or association. 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 (c) Where the restaurant is a sole proprietorship, the owner or managing agent of such sole proprietorship. Restaurant. "Restaurant" means any confectionery, delicatessen, eating house, drugstore, club, resort or other place in the city at which food is served to the public. Seo. 35-144. Procedure upon failure to oolleot, report, eto. (a) If any person, whose duty it is so to do, shall fail or refuse to collect the tax imposed under this article and to make, within the time provided in this article, the reports and remittances mentioned in this article, the commissioner of revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commissioner of revenue shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect such tax and to make such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this article and shall notify such person, by registered mail sent to his last known place of address, of the total amount of such tax and penalties and the total amount thereof shall be payable within ten (10) days from the date of such notice. (b) It shall be the duty of the commissioner of revenue to ascertain the name of every person operating a restaurant in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect such tax or to make, within the time provided by this article, the reports or remittances required by this article. The ....~=~ .......... ~ ~uu~ ....~ commissioner of revenue may have a summons issued for such person in the manner provided by law and shall make 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 one return of the original to the general district court of the city. · · · Seo. 3S-XS8. Definitions. Except where the context clearly indicates a different meaning, the following words and phrases, when used in this article shall, for the purposes of this article, have the meanings ascribed to them in this section: City treasurer. "City treasurer" means the treasurer of the city and any of his duly authorized deputies and agents. Commissioner of revenue. "Commissioner of revenue" means the commissioner of revenue of the city and any of his duly authorized deputies and agents. Lodging. "Lodging" means any room or rooms, lodging or space furnished to any transient. Lodging place. "Lodging place" means any public or private hotel, inn, hostelry, tourist home or house, tourist camp, tourist cabin, camping grounds, motel, rooming house or other lodging place within the city offering lodging, for compensation, to any transient. Transient. "Transient" means any person who, for any period of not more than ninety (90) consecutive days, either at his own expense or at the expense of another, obtains lodging in any lodging place. 97 9B 99 lO0 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 llB 119 120 121 122 123 124 125 126 127 128 129 130 · · · Boo. 35-~66. ~Eooedure upon failure to collect, report, otc. (a) If any person, whose duty it is so to do, shall fail or refuse to collect the tax imposed under this article and to make, within the time provided in this article, the commissioner of revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commissioner of revenue shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable to any person who has failed or refused to collect such tax and to make such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this article and shall notify such person, by registered mail, sent to his last known place of address, of the total amount of such tax and penalties and the total amount thereof shall be payable within ten (10) days from the date of such notice. (b) It shall be the duty of the commissioner of revenue to ascertain the name of every person operating a hotel in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect such tax or make, within the time provided by this article, the reports or remittances required in this article The .... ~ ...... ~ commissioner of revenue may have a summons issued for such person in the manner provided by law and may serve a copy of such summons upon such person in the manner provided by law and shall make one return of the original to the general district court of the city. · · · Sec. 3S-L8L. Definitions. The following words and phrases, when used in this article, shall, for the purposes of this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 Admission charge. "Admission charge" means the charge for admission to any amusement or entertainment, exclusive of any federal tax thereon, including a charge made ~or season tickets, to all clubs and organizations for amusement and entertainment. City treasurer. "City treasurer" means the treasurer of the city and any of his duly authorized deputies and agents. Commissioner of revenue. "Commissioner of revenue" means the commissioner of revenue of the city and any of his duly authorized deputies and agents. Place of amusement or entertainment. "Place of amusement or entertainment" means any place in the city wherein or whereat any of the following, or amusements of entertainments similar to the following, are located, conducted, performed, exhibited and operated: Circuses, carnivals, menageries, amusement parks, moving- picture shows, fairs, shows and exhibitions of all kinds; dances; basketball, football, wrestling, boxing and sports of all kinds; swimming pools, bowling alleys, roller rinks, golf courses, miniature golf, charter boats, drift boats, party boats and other such things of a similar nature; concerts, theatrical, vaudeville, dramatic, operatic and musical performances and performances similar thereto; such attractions as merry-go-rounds, Ferris wheels, roller coasters, leap-the-dips and the like, and all other public amusements, performances and exhibitions not specifically named herein; and any roof garden, cabaret or other similar place furnishing a public performance for profit, which shall include any room in any hotel, restaurant, hall or other public place where music and dancing privileges or any other entertainment is offered the patron in connection with serving or selling of food, refreshments or merchandise. A performance shall be regarded as being furnished for profit for purposes of this article even though the charge made for admission, refreshment service or merchandise is not increased by reason of the furnishing of such performance. 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 Sec. 3S-192. Procedure upon failure to collect, report, etc., taxes. (a) If any person, whose duty it is so to do, shall fail or refuse to collect the tax imposed under the article and to make, within the time provided in this article, any report and remittance required by this article, the commissioner of revenue shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the commissioner of revenue shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect such tax and to make such report and remittance, he shall proceed to determine and assess against such person the tax and penalties provided for by this article and shall notify such person, by registered mail, of the total amount of such tax and penalties and the total amount thereof shall be payable within ten (10) days from the date of such notice. (b) It shall be the duty of the~m=~a~ ...... tax commissioner of .revenue to ascertain the name of every person operating a place of amusement or entertainment in the city, liable for the collection of the tax levied by this article, who fails, refuses or neglects to collect the tax or to make, within the time provided by this article, the reports or remittances required in this article. The .... ~-~ ........ ~ -- ~=~a~ ~ au~o~ commissioner of revenue may have a summons issued for such person in the manner provided by law and shall make one return of the original to the general district court of the city. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25TH day of March,1997. 196 197 198 CA-6469 DATA/ORDIN/PRO POS ED/35- le ta 1. ORD MARCH 25, 1997 Item gr_j.$. ORDIN,4NCES ITEM # 41923 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to APPROPRIATE $847,205 in unanticipated revenues to the Virginia Beach Schools from the Federal Government to the FY 1996- 1997 School Operating Budget repurchase of replacement school buses; ana~ estimated revenues from the Federal Government be increased in the School Operating Fund accordingly. 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 P~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 25, 1997 AN ORDINANCE TO APPROPRIATE $847,205 TO THE FY 1996-97 SCHOOL OPERATING BUDGET IN UNANTICIPATED REVENUES FROM THE FEDERAL GOVERNMENT FOR THE PURCHASE OF REPLACEMENT SCHOOL BUSES WHEREAS, the School Board has received $847,205 in unanticipated revenues from the 5 Federal Government in FY 1996-97; WHEREAS, the School Board has identified a need to replace up to twenty-one replacement 7 school buses to make up for deferrals of such replacements in recent fiscal years; WHEREAS, delivery of such buses for the FY 1997-98 School year requires that orders be 9 10 11 placed by April 1, 1997; 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $847,205 in unanticipated federal 14 revenues to the Virginia Beach Schools be appropriated to the FY 1996-97 School Operating 15 Budget for Pupil Transportation to purchase replacement school buses. 16 BE IT FURTHER ORDAINED that FY 1996-97 estimated revenues from the Federal 17 Government in the School Operating Fund be increased by $847,205. 18 This ordinance shall be effective on the date of its adoption. 19 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of March ,1997. 20 21 Approved as to Content: 23 Walter C. Kraenlgf~r. Approved as to Legal Sufficiency: City Attorney BKM ~aob97y r~sohool\bu~ Virginia Beach City Public Schools A REQUF_,S~ TO ~l~E VIRG~ BEACH CITY COUNCH~ TO APPROPRIATE CERTAIN FUNDS RF~OLUTION X?qB'F~REAS, Virginia Beach City Public Schools has unexpectedly received $847,205 in actual revenue from the federal government over estimated revenue for FY 1997; and ~"ITEREAS~ budgetary constraints in recent years have precluded the purchase of sufficient school buses to meet State guidelines for replacement of school buses; and WHEREAS, safety of students is always a primary concern of the Virginia Beach School Board and the School Administration; and WHEREAS, a substantial savings can be realized if school buses are ordered by April 1, 1997; now, therefore, be it RF_~OLVED: That the Virginia Beach School Board requests the Virginia Beach City Council to appropriate the $847,205 received from the federal government to be used by the school division specifically for the immediate purchase of replacement school buses; and be it further RF~OLVED: That a copy of this resolution be attached as part of the official minutes of this Board. Presented March 18, 1997 Robert F. Hagans, Jr., Chairman Attest: Dianne M. Page, Clerk of the Board School Administration Building · 2512 George Mason Drive · P.O. Box 6038 · Virginia Beach, VA · 23456-0038 VIRGINIA BEACH CITY PUBLIC SCHOOLS VIRGINIA BEACH, VIRGINIA · · Subject. Re.~olution-Additinnnl Approprlntion for B~t~ Item Number: Section: Action Date: M~reh 1~1, 1997 Prepared by: Donald A. Pcw~eia., Presenter(s): Timothy R. __lenney Recommendation: That the School Board adopt the enclosed resolution seeking City Council appropriation of excess federal funds already realized in 1996-97 for the specific purpose of purchasing replacement school buses Background Summary: See Resolution. Financial statements Budget Impact: None Virginia Beach City Public Schools 4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 A REQUEfW TO ~ VIRGIN/A BEAC~ crrY COUNCIL TO APPROPRIATE CERTAIN FUNDS RF_SOLUTION ~, Virginia Beach City Public Schools has unexpectedly received $847,205 in actual revenue from the federal government over estimated revenue for FY 1997; ami ~q-t{]~l~~ budgetary constraints in recent years have precluded the purcAaae of sufficient school buses to meet State guidelines for replacement of school buses; and WI:I_I~LEAS~ safety of students is always a primary concern of the V'uginia Beach School Board and the School Administration; and WHI<REAS~ a substan_tia! savings can be realized if school buses are ordered by April I, 1997; now, therefore, be it RESOLVED: That the Virginia Beach School Board requests the Virginia Beach City Council to appropriate the $847,205 received from the federal government to be used by the school division specifically for the immediate purchase of replacement school buses; and be it RF_,SOLVED: That a copy of this resolution be spread across the official minutes of this Board. Preze. ated March 18, 1997 19 2O SEAL Robert F. Hagans, Jr., Chairman 21 22 Timothy R. Senney, Superintendent 3 24 25 Attest: Dianne M. Page, Clerk of the Board School Admimstrat~on Bu,ldmg · 2512 George M~¢,on Drive · P.O. Box 6038 · %rgima Beach, VA · 23456-0038 VIRGINIA BEACH CITY PUBLIC SCHOOLS MEMORANDUM TO: FROM: Dr. Timothy R. Senney, Superintendent Dr. Donald A. Peccia, Associate Superintendent Department of Budget, Finance and Technology SUBJECT: Questions and Responses - 1997-98 Operating Budget DATE: March 5, 1997 "How much more in federal funds have been realized over appropriations in 1996-977" As of February 28, 1997, a total of $847,206 in actual revenue over estimated revenue has been realized from the federal government for the operating budget for fiscal year 1996-97. "Procedures/process to request additional appropriatton from City Council" - Prepare request to go to the School Board in the form of resolution. School Board passes resolution to appropriate excess revenue that idenufies a specific amount and the specific purpose(s) that these amounts will be expended upon. Superintendent transmits approved School Board resolution with a signed agenda request by the Superintendent to the City Manager requesting that his resolution be placed on the City Council agenda. The City Manager places the resolution on the City Council agenda and noufies the Superintendent of the date and time of the Council meeting. Superintendent and support staff are at the Council meeting to discuss particulars of resolution (if necessary). - Council appropriates funds. - School division can proceed with appropriate use of funds. DAP/smc Attachment PUBLIC LAW 874 DEPARTMENT OF DEFENSF_, AI)UI, lr BASIC FA)UCA'FION DEl' F Of' THE NAVY-NJRO I'C SPECIAL UD-I'RESCI.1OOL I'OTAI, FROM FEDERAl_ GOVI~:RNMENT VIRGINIA BEACH CITY PUBLIC SCHOOLS STATEMENT OF REVENUES (CONT'D) SCHOOL OPERATING FUND JULY 1. 1996 THROUGH FEBRUARY 28. 1997 FY 1997 MONTH'S YR-TO-DATE ESTIMATED REALIZED REALIZED 6,464,922 6,861,522 1,012,376 1,610,617 149.'~42 37,641 60,328 80,000 51,378 q0.000 7,736.640 37.641 8.583.845 UNREALIZED REVENUES 396,600 598.241 (s9,ola) (28.622) 0o,o9o) 847.205 B4 PERCENT REALIZED 106 1 159 1 404 64 2 1110 VIRGINIA BEACH CITY PUBLIC SCHOOLS MEMORANDUM TO: Diane N. Jones, Executive Assistant to the Superintendent FROM: /~ David L. Pace, Director / ~]~Transportation Services ~Administrative Support Services DATE-. March 5, 1997 SUBJECT: AVAILABILITY OF SCHOOL BUSES BASED ON $847,205 SPENDING LEVEL The four major school bus manufacturing representatives (Blue Bird, Thomas, AmTran, Carpenter) were contacted via telephone to inquire about the availability of school buses for delivery prior to September 1, 1997. Each of these representatives assured us that buses could be delivered by this date if ordered prior to April 1, 1997. They will be faxing me a copy of their proposal sometime today. I will send you a copy when received. Depending on the bid, we could purchase 19, 20 or 21 sixty four passenger school buses. Kevin Beardsley, Director, Purchasing Services, told me he could do an accelerated bid process contingent on funding approval to ensure compliance with procurement laws. Please call me if you have any questions. CC: Donald A. Peccia, Associate Superintendent John S. Kalocay, Assistant Superintendent VIRGINIA BEACH CITY PUBLIC SCHOOLS MEMORANDUM TO: FROM: Dr. Timothy R. Jenney,(S~atendent Dr. Donald A. Peccia, Associate Superintendent Department of Budget, Finance and Technology SUBJECT: Impact Aid Information DATE: March 5, 1997 I have enclosed data relating to the 1997-98 proposed federal budget. On February 6, 1997, President Clinton proposed reducing Impact Aid from $730 million to $658 million, a reduction of $72 mtllion. Most of the reductions were in three major areas. Basic Support, Heavily Impacted Districts (Subsection F), and Federal Property Districts (Section 8002). The proposed $32 million reducuon tn Heavily Impacted Districts will have httle beanng on Impact bad received in Virginia Beach. The proposed $31.5 million in Basic Support payments could mean an average reduction of five percent in the fiscal 1997-98 Basic Support payments for all eligible school dv~'ls~ons I have enclosed vouchers from the Department of Educauon and the Department of Defense detailing funds that have been received during this fiscal year. Please note that the school dtvislon has received $6,861,522 in Impact A~d funds this year and $1,610,617 in Department of Education funds (under Secuon 386 of P.L 102-484). If the school division reduces both of these funds by ten percent for fiscal year 1997-98, projected funds for fiscal year 1998 would equal $7,624,921.50. An accounting ~s detaded as follows: Impact Aid Department of Defense $6,861,522 1,610,617 Total $8,472,135 Reducuon x. 1 $8,472,135 - 847,213.50 = $7,624,922 $847,213.50 The Office of Budget Development is a member of the Nauonal Assoc~auon of Federally Impacted Schools (NAFIS) and a member of the Military Impact Schools Assoc~auon (MISA) In both organizations, the school d~v~s~on is an active member Dunng the fall of 1996, the Page 2 school d~vision hosted MISA representatives as they toured some of our schools and surrounding bases. The Office of Budget Development xs ~n constant contact, at least weekly, and many times three days a week, with NAFIS and MISA officials. Officxals that we primarily speak to are Mr. John Forkenbrock, Executive Director of NAFIS, and Dr. John Deegan, Executive Director of MISA. Other officials that we are in constant contact w~th are Department of Educauon (DOE) officials, such as Cathy Schagh, division d~rector of Impact Aid for DOE; Peter Fusscas, our techmcal assistance person m DOE; Dr. Wayne Lett, Vn'gima's liaison wtth Congressman Herb Bateman, a key person on Impact Pad funding, and Denms Jarrett of York County, our NAFIS V~rginxa state chmrperson. We will be attending an Impact Pad Conference March 23-24 ~n Washington, D.C Funding for fiscal year 1997-98 will be a key topxc of dxscussion. I have also enclosed backup data that may be useful in substanuatmg ~nformauon provided Please feel free to contact me if you have any questions. DAP/smc Attachments City ot' Virginia LOUIS R JONES COUNCILMAN - BAYSIDE BOROUGH (804) 583-0177 1008 WITCH POINT TRAIL VIRGINIA BEACH V~RGINIA 23455 March 25, 1997 Mrs Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, VA 23456 Re Disclosure Pursuant to Section 2.1-639 14(G), Code of Virginia Dear Mrs Smith. Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639 14(G), Code of Virginia, I make the following declaration The transactions for which I am executing this written disclosure are the City Council' s discussion and vote on the proposed Lake Ridge Plan, and the proposed multi-purpose sports stadium to be located in Lake Ridge The nature of my personal interest is that I own property located adjacent to the "Lake Ridge" property, and in close proximity to the property on which the stadium, if approved, will be located. o The City Attorney has advised me that in his opinion, I am a member of a group, i.e., surrounding similarly-situated property owners, the members of which are all affected by these transactions I wish to disclose this interest and declare that I am able to participate in these transactions fairly, objectively, and in the public interest Mrs. Ruth Hodges Smith ~2- March 25, 1997 Accordingly, I respectfully request that you record this declaration in your officia/records. Thank you for your assistance and cOOperation in this matter LR~/awj Sincerely, Councilmember Item V-J.4. ORDINANCES ITEM # 41923 The following registered to speak in SUPPORT: Michael Barrett, 1829 Eden Way, Phone: 422-1568 Diana Reiss, 601 Lake Front Place, Phone: 431-0691 Dick Whalen, 1276 Mossy Oaks Court, Phone: 496-0274 Grigsby Scifres, 900 One Columbus Center, Phone: 473-5345, represented the Hampton Roads Soccer Council Gregg Lenentine, 1077 Rolling Point Court, Phone: 471-3676 Shane Hancock, 584 Brent Water Road, Phone: 431-9491 Jason Shank, 2213 Colonial Acres Court, Phone: 427-3950 Jeff &tis, 4512 Virginia Beach Boulevard, Phone: 664-2575, represented the Hampton Roads Chamber of Commerce Gregg Stillman, 4512 Virginia Beach Boulevard, Phone: 664-2575, represented the Hampton Roads Chamber of Commerce. Murray Gero, 2201 Sandy Woods Circle, Phone: 430-3182 John Corley, 420 Wolfs Neck Trail, Phone: 340-6537 David Ackerman, 700 Bailey Court, Phone: 340-9034 Katherine Herman, 819 Virginia Court, Phone: 437-9349 Gary Glenn, 1044 Reon Drive, Phone: 424-9739 Bryan Henry, 1672 Devon Way, Phone: 471-5516 Chris Dean, 2000 Cottontail Court, Phone: 467-5153 Sean Corley, 420 Wolfs Neck Trail, Phone: 340-6997 Barbara Miller, 8502 A Atlantic Avenue, Phone: 422-9080 Nada Kawwass, 925 Upper Hastings Way, Phone: 498-4980 Joe Dee Jolley, 393 Gainsborough Road, Phone: 499-7318 Shawn McDonald, Jr., 116 Hanover Avenue, Norfolk, Phone: 451-2905 Garret Alcaraz, 1014 Briarwood Point, Phone: 463-2081 Bryan Gilpin, 1051 Five Forks Road, Phone: 464-0218 Shawn McDonald, Sr., 1116 Hanover Avenue, Phone: 451-2905 John Germanos, 5373 Bagpipes Lane, Phone: 479-3519 Mark Palamara, 1071 Red oak Road, Phone: 431-2732 Mark McMullen, 928 Meadowwood Drive, Phone: 463-0996 Stilion Shiskhov, 1016 Independence Boulevard, Phone: 464-6257 Garland Payne, representing Dr. T. J. Morgan, Owner - Sharks Football Team David Schifren, 163 Devon Road, Phone: 456-3191 Chris DeIVecchio, 3008 King Richard Way, Phone: 686-2206 The following registered in OPPOSITION: Mary Truman, 617 Kenneth Road, Phone: 473-565 Dianne Florence, 2155 Lords Landing, Phone: 481-1173 A MOTION was made by Councilman Heischober, seconded by Councilman Jones to ADOPT an Ordinance to APPROPRIATE $750,000 from the General Fund Balance to the Multi-Purpose Sports Stadium (CIP t19-003) re funding the design of the stadium. ,4 SUBSTHIffE MOTION was made by Council Lady Henley, seconded by Council Lady Strayhorn to DEFER until the FY 1997-1998 OPERATING BUDGET process: Ordinance to APPROPRIATE $750,000 from the General Fund Balance to the Multi-Purpose Sports Stadium (CIP g9-003) re funding the design of the stadium. March 25, 1997 - 27 - Item V-J.4. ORDINANCES ITEM # 41923 (Continued) Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Reba S. McClanan, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Abstaining: William W. Harrison, Jr., Council Members Absent: t~one Councilman Harrison ABSTAINED as his law firm represents the MARINERS, the proposed tenant of this facility. Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he owns property located adjacent to the Lake Ridge Property and in close proximity to the property on which the Stadium will be located Councilman Jones wished to disclose this interest and declare he was able to participate in the transaction ,fairly, objectively and in the public interest. Councilman Jones' letter of March 25, 1997, is hereby made a part of the record. March 25, 1997 - 28 - Item V-J.4. ORDINANCES ITEM # 41923 (Continued) Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED: Ordinance to APPROPRIATE $750,000 from the General Fund Balance to the Multi-Purpose Sports Stadium (CIP t19-003) re funding the design of the stadiun~ Voting: 6-4 Council Members Yoting Aye: John ~4. Baum, Linwood O. Branch, III, Harold Heischober, Louis P~ Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, Nancy K. Parker and Louisa M. Strayhorn Council Members ~4bstaining : William gE. Harrison, Jr., Council Members ,4bsent: None Councilman Harrison ABSTAINED as his law firm represents the MARINERS, the proposed tenant of this facility. Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he owns property located adjacent to the Lake Ridge Property and in close proximity to the property on which the Stadium will be located. Councilman Jones wished to disclose this interest and declare he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Jones' letter of March 25, 1997, is hereby made a part of the record. March 25, 1997 AN ORDINANCE TO APPROPRIATE $750,000 FROM THE FUND BALANCE OF THE GENERAL FUND TO PROJECT //9-003 MULTI-PURPOSE SPORTS STADIUM TO FUND DESIGN OF THE STADIUM 5 WHEREAS, on August 27, 1996 Council adopted an ordinance which established the Multi-Purpose Sports Stadium capital project (//9-003) and provided 100,000 to fund preliminary planning and design; WHEREAS, a proposed site for the stadium has been selected subject to Council approval; 10 WHEREAS, design of the stadium is ready to proceed at an estimated cost of 750,000 which will be funded from the Fund Balance of the General Fund. 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY z3 OF VIRGINIA BEACH, VIRGINIA: 1,o, That funds in the amount of $750,000 be appropriated from the Fund Balance z5 of the General Fund to project//9-003 Multi-Purpose Sports Stadium to fund design of the stadium. 17 This ordinance shall be effective on the date of its adoption. 18 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of Hatch , 1997. Approved As To Content Department of~ Management Services APPROVED AS TO A RESOLUTION DIRECTING THE CITY MANAGER TO DEVELOP AN AGREEMENT OF UNDERSTANDING WITH THE VIRGINIA BEACH DEVELOPMENT AUTHORITY (THE "AUTHORITY") TO ACCOMPLISH THE FOLLOWING: (1) IDENTIFICATION AND NEGOTIATION OF THE TERMS OF A TRANSFER BY THE CITY OF A SITE FOR A PROPOSED MULTI-PURPOSE SPORTS STADIUM (THE "FACILITY"); (2) IDENTIFICATION OF FUNDING SOURCES NECESSARY TO DESIGN AND CONSTRUCT THE FACILITY; (3) DESIGN AND CONSTRUCTION OF THE FACILITY; (4) NEGOTIATION OF THE TERMS OF A LONG TERM LEASE OF THE FACILITY TO, AND OPERATION BY, A SELECTED OPERATOR/LESSEE; (5) REQUESTING THE AUTHORITY TO PROCEED WITH PRELIMINARY PLANNING AND DESIGN OF THE FACILITY WHEREAS, the design and construction of an expandable multi-purpose sports stadium (the "Facility") has been identified by City Council as a desirable development project which would contribute to the quality of life in the City, have a positive economic impact and provide a facility that would be compatible with and supportive of other recreational and school facilities and activities in the City; and WHEREAS, the City Council desires the Authority to proceed with preliminary planning and design work for the Facility at a cost not to exceed $100,000.00; and WHEREAS, in order to ensure the Facility's success, it is necessary to engage the assistance of an operator/lessee in the final site selection process, and to work directly with the operator/lessee during the entire development process up to, and including, design and construction of the facility, and its lease to, and operation by, the selected operator/lessee; WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was specifically created for the purpose of fostering and stimulating economic development in the City and, WHEREAS, based on the Authority's expertise and flexibility in project development, the City Council requests the Authority to proceed with the selection of an operator/lessee, the selection of a final site for the Facility and, upon approval of the City's level of participation in the Facility, the development of the Facility for lease to, and operation by, the selected operator/lessee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized and directed to develop an "Agreement of Understanding" with the Authority which would accomplish the following: 1. Identification and negotiation of the terms of a sale or transfer of a site for the Facility on terms to be approved by City Council. 2. Identification of funding sources necessary to design and construct the Facility. 3. Design and Construction of the Facility. 4. Negotiation of the terms of a long term lease of the Facility to, and operation by, a selected operator/lessee. 5. Requesting the Authority to proceed with preliminary planning and design of the Facility at a cost not to exceed $100,000.00. Adopted b~Tthe Council of the City of Virginia Beach, Virginia, on the day of Au§ust , 1996. CA-6409 ORDIN%NONCODE\CA6409.RE3 R-1 R-2 R-3 R-4 APPROVED AS TO LEGAL SUFFICIENCY - 29 - Item V-J.5. ORDINANCES ITEM # 41924 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to AMEND the Capital Budget by establishing "Social Services Automation" (CIP tt3-112); APPROPRIATE $260,000 in Federal reimbursement revenue to this project; and, APPROPRIATE $51,750 in Federal reimbursement revenue to the Department of Social Services FY 1996-1997 Operating Budget re purchase of three replacement vehicles. Voting: 11-0 (By Consent) Council Members Voting 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. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 25, 1997 AN ORDINANCE TO AMEND THE CAPITAL BUDGET BY ESTABLISHING CIP PROJECT//3-112 SOCIAL SERVICES AUTOMATION, TO APPROPRIATE $260,000 IN FEDERAL REVENUE TO CIP//3-112, AND TO APPROPRIATE $51,750 TO THE DEPARTMENT OF SOCIAL SERVICES FY 1996-97 OPERATING BUDGET WHEREAS, the Virginia Beach Department of Social Services has been working with the 6 Commonwealth of Virginia and other localities over the past two years to develop strategies to 7 maximize the percentage of local expenditures which are eligible for Federal reimbursement, WHEREAS, the Department identified additional costs for which the city could request 9 retroactive Federal reimbursement, 10 WHEREAS, the Commonwealth of Virginia Department of Social Services has notified the 11 City of Virginia Beach that it has submitted claims of $417,23 5 in Federal reimbursement which are 12 due to the City of Virginia Beach for expenditures in the Department of Social Services, and 13 WHEREAS, the Department requests that a portion of the anticipated reimbursement be used 14 to provide for one time costs needed to complete the department's windows based automation 15 efforts, converting the department's files to the Commonwealth's new automated systems, and 16 replacing three vehicles 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA 19 That the Capital Budget is hereby amended by establishing CIP Project #3-112 Social Services 20 Automation as a project in the Capital Improvement Program, 21 That $260,000 in Federal reimbursement revenue be appropriated to CIP Project #3-112 22 Social Services Automation, and 23 That $51,750 in Federal reimbursement revenue be appropriated to the Department of Social 24 Services FY 1996-97 Operating Budget for the purchase of three replacement vehicles, for a total 25 appropriation of $311,750 26 BE IT FURTHER ORDAINED 27 That estimated Federal revenue be increased by $311,750 This ordinance shall be effective from the date of its adoption Approved as to Content Walter C Kraemerff Department of Management Servmes APPROVED AS TO Department of Social Service~ Capital Purchamm/Automation Enhancement Requested Funding Source Budget Unit Account Amount Federal State Local Total Check Descnpbon of Recluest Replacement Motor Veh~les 8010 7105 40,500 23,206 0 17,294 40,500 i Autornobde, Ali-Purpose, 4-Wheel Drive, Caompact wdh Air Cond~don,ng Automobde, Sedan for C~y Use, MgI-S~ze, 4-Door w~th Air ConddJonlng 8030 71 05 17,250 7,366 5,693 4,191 17,250 Automobile, Sedan for Cdy Use, M~d-S~ze, 4-Door vath ,Nr Condd]omng M;cro Upgrades 8010 5415 15,140 2,422 0 12,718 15,140 Ch~p and momory updgrades, APC UPS 4 for new bldg, Amserve Upgrade 8020 5415 33,000 13,563 0 19,437 33,000 Chko and momo~ ulxlgrades, APC UPS 4 for new bldg, Amserve Upgrade M~rocomputers 8030 7307 13,000 6,500 6,500 0 13,000 10 M~cro, Penbum, 100 MHz, 16 MB RAM Hard drive, (2) Floppy, Graphic Adapter, DOS, Color Momtor, Keyboard and Mouse 8040 7307 14,300 2,288 0 12,012 14,300 11 M~cros., Penbum, 100 MHz, 16 MB Ram, 630 RAM 8060 7307 14,300 2,288 0 12,012 14,300 11 M~ros, Pent,urn, 100 MHz, 16 MB Ram, 630 RAM Pnnters 8030 7307 15,000 7,500 7,500 0 15,000 Ten Printers, Laser Other 8070 7307 8,000 2,489 136 5,375 8,000 LCD Computer Projection Panel and Laptop wflb Overhead Projector 8070 7307 2,500 778 42 1,680 2,500 Hubs, Network, 100Base-Tx M,crocomputer Internal Sennces Fund 7307 18,000 2,880 0 15,120 18,000 1 Drawer of FAMAC d~sk sps~cat for provide d~sk storage for Va Bach data on Newport News Mmnframe Telecommumcabons Intemal Sennces Fund 7307 20,000 6,463 0 13,537 20,000 ACD Software for use ~n analyzing ~ncom~ng calls. Salary Costs for ADAPT Conversmn 08020 1250 54,640 26,336 17,376 10,928 54,640 Fnnges 4,180 2,015 1,329 836 4,180 1910 48,000 23,136 15,264 9,600 48,000 Total Cost 129,230 53,840 134,740 317,810 - 30 - Ittm V-J.$. ORDINANCES ITEM # 41925 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to APPROPRIATE $288,800 from insurance proceeds to Farmers' Market Rebuilding and Repair (CIP tt3-055) re completing the funding of the project; and, estimated revenues from insurance proceeds be increased accordingly. 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 K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 25, 1997 · AN ORDINANCE TO APPROPRIATE $288,800 TO PROJECT #3-055 FARMERS' MARKET RE-BUILDING AND REPAIR FROM INSURANCE PROCEEDS TO COMPLETE THE FUNDING OF THE PROJECT WHEREAS, the City Council established a capital project to repair and rebuild the Farmers' Market after a fire at that facd~ty, WHEREAS, demgn for the repmr and rebuilding has been completed and construcbon b~ds for such work have been received for esbmated total project costs of $613,800 of which $325,000 ~s currently appropriated ~n the project, 10 12 13 WHEREAS, the staff of the C~ty D~wmon of R~sk Management, ~n consultation w~th the ~nsurance carrier, has determined that the add~bonal $288,800 costs can be fully funded from ~nsurance proceeds, defined as gross recovery from the Self-Insurance Fund and payments from the insurance underwnter, 14 15 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That funds ~n the amount of $288,800 be appropriated to project #3-055 Farmers' Market Rebudd~ng and Repmr to complete the funding of the project, 18 19 BE IT FURTHER ORDAINED THAT esbmated revenues from Insurance Proceeds be ~ncreased by $288,800 20 Th~s ordinance shall be effechve on the date of ~ts adoption 21 22 Adopted by the Councd of the C~ty of V~rg~n~a Beach, Vlrg~ma on the~ March , 1997 25 day of 23 Approved as to Content 24 26 Walter C Kraemer-~ APPROVED AS TO LEGAL SUFFICIENCY Bjm\d \clp97~market ord - 31 - Item V-J. 7. ORDINANCES ITEM # 41926 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to APPROPRIATE $125,000 from the Police Department's Airplane Enterprise operation to their FY 1996-1997 Operating Budget re allowing continuation of the prisoner transportation service; and, estimated revenue from prisoner transportation charges be increased accordingly. Voting: 11-0 (By Consent) 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 March 25, 1997 1 2 3 4 AN ORDINANCE TO APPROPRIATE $125,000 TO THE FY 1996-97 OPERATING BUDGET OF THE POLICE DEPARTMENT'S AIRPLANE ENTERPRISE OPERATION FOR ADDITIONAL ANTICIPATED EXPENDITURES WHEREAS, the Police Department's Airplane Enterpnse operation provides a~rborne prisoner transportabon pnmanly for the extradition of State prisoners, resulbng in cost savings for both the C~ty and the State law enforcement agencies when compared to other means of transportabon, WHEREAS, the A~rplane Enterpnse Fund ~s enbrely self-supporhng, w~th revenues based on charges to the State for prowd~ng the pnsoner transportation service, and 10 11 WHEREAS, both the need to expand the range of travel and the frequency of prowd~ng prisoner transportabon have been greater ~n FY 1996-97 than ~n prewous years, 12 13 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $125,000 be appropnated to the FY 1996-97 operabng budget of the A~rplane Enterprise operabon to allow cont~nuabon of the prisoner transportation service, and that the appropnat~on be offset by an ~ncrease ~n estimated revenue from prisoner transportabon charges ~n the A~rplane Enterprise Fund 17 18 19 This ordinance shall be effective on the date of ~ts adoption Adopted by the Council of the C~ty of V~rg~ma Beach, Virginia, on the March , 1997 25th of ..... Walter C ~r Resource and ManagemerfF~erv~ces Adm~nmtrator Department of Management Services APPROVED AS TO LEGAL SUFFIC, IENCY - 32 - Item V-J.8. ORDINANCES ITEM # 41927 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $32,000 additional revenue from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 1996-1997 Operating Budget in support of maintenance, training and equipment for the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2. Voting: 11-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood O. Branct~ III, William I~. 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 Voting Nay: None Council Members Absent: None March 25, 1997 AN ORDINANCE TO ACCEPT AND APPROPRIATE $32,000 IN ADDITIONAL REVENUES FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1996-97 OPERATING BUDGET IN SUPPORT OF MAINTENANCE, TRAINING, AND EQUIPMENT FOR THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK FORCE NO. 2 WHEREAS, FEMA provides annual grants to the Iocahbes sponsoring Urban Rescue Teams, WHEREAS, the City of V~rgima Beach ~s the sponsoring agency for Virg~ma Task Force 2, which is an Urban Search and Rescue Team authorized by FEMA; and WHEREAS, the grants w~ll be used for the maintenance of equipment, the purchase of additional eqmpment, and the trmmng of personnel NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That addibonal revenues in the amount of $32,000 are hereby accepted from the Federal Emergency Management Agency and appropriated m the F~re Department's FY 1996-97 Operabng Budget for mmntenance, equipment, and trmmng 10 BE IT FURTHER ORDAINED: That esbmated Federal revenues ~n the F~re Department's FY 1996- 97 Operabng Budget are hereby ~ncreased by $32,000 Adopted by the Council of the City of V~rg~ma Beach, V~rg~nia on the 25 day of March , 1997 APPROVED A8 TO LEGAL SUFFICIENCY C \budget~97~pharns\femagrant Approved as to Content ~Managembt=it Services II ' ' I"1 II I I I I - 33 - Item V-J.9. ORDINANCES ITEM # 41928 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to APPROPRIATE $5,600 from the General Fund Balance in the FY 1996-1997 Operating Budget for the Francis Land House Board of Governor's Trust Fund re purchase of furnishings and textiles and for providing general operating expenses. Voting: 11 - 0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis 1~ 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 March 25, 1997 AN ORDINANCE TO APPROPRIATE $5,600 IN REVENUES IN THE FRANCIS LAND HOUSE BOARD OF GOVERNOR'S TRUST FUND'S FY 1996-97 OPERATING BUDGET TO PURCHASE FURNITURE AND TEXTILES FOR THE HOUSE AND FOR GENERAL OPERATING EXPENSES WHEREAS, the Franc~s Land House Board of Governors ~s appointed by the C~ty Councd to assist w~th overseeing the operations of the Franc~s Land House Museum and to generate add~bonal revenues to the Museum through fund raising events, WHEREAS, the Board of Governors raised $5,600 ~n additional funds which they w~sh to use to purchase furmsh~ngs and textdes for the Museum and to use for operating expenses such as additional fund rinsing events 7 8 9 10 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $5,600 be appropriated from Fund Balance ~n the FY 1996-97 Operating Budget for the Franc~s Land House Board of Governor's Trust Fund for the purpose of purchasing furmsh~ngs and textdes and for prowdmg general operating expenses, 11 Adopted by the Council of the C~ty of V~rgima Beach, V~rg~ma on the 25day of March ,1997 APPROVED AS TO LEGAL SUFFICIENCY Approved as to Content watter C Kra~~-, Jrl Management and Budget ] I I CRW-D \1_ob97~depts~nuseums\f_land1 ord - 34 - Item F'-J. lO. ORDINANCES ITEM # 41929 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right- of-way for First Colonial Road/Great Neck Square (CIP #2-285.18); and, acquisition of temporary and permanent easements of right-of- way, either by agreement or condemnation (LYNNHAVEN BOROUGH). 11-0 (By Consent) 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 K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 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 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR FIRST COLONIAL ROAD/GREAT NECK SQUARE (CIP 2-285.18) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.1- 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq., Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plan entitled "FIRST COLONIAL ROAD/GREAT NECK SQUARE CIP 2-285.18", the plan being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of March , 1997. CA-6561 NONCODE\CA6561.ORD R-1 CERTIFI.JF.D AS TO AVAII~,iLtTY' OF ~ - O~ Of Vk~irtla Beach, %'a C:~ cf 'ina' ,o DEPARTMEI~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ~t'~ORNEY '111 I I I I I I "~ I I I I / I / i I i I I I I ! I I I / / .I GREAT NECK SQUARE SHOPPING CENTER I I I i I I I I I I I I I I I I I I I I I I I I I I I I I t I I I I I I I I '.. I t I I I I I / / I I I I / I /' LOCATION /dAP SCALE I"-P__,400' FI RST COLON IAL GREAT NECK SQUARE TURN LANE CIP #2-285.18 SCALE: 1"- 50' PREPARED BY P/W ENG. DRAFT. 3/13/97 Item V-J.11. ORDINANCES ITEM # 41930 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's drainage easement at 2216 Kendall Drive to BRUCE W. CRESS re constructing and maintaining a wooden tongue and groove bulkhead (LYNNH~VEN BOROUGH), subject to: The following conditions shall be required: That the temporary encroachment 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. 2. That 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 shall be removed from the City's right-of-way by the applicant; and that the applicant shall bear all costs and expenses of removal. That the application 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. That 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 temporary encroachment by anyone other than the applicant. 5. That the applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. That the applicant must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. That all out]all pipes in the area must be tied through the bulkhead wall as per the Virginia Department of Transportation (I/DOT) Roads and Bridge Standard Specifications. 8. That clear access must be maintained at all times over the pipe line systems that convey City waters for future maintenance. March 25, 1997 - 36 - Item V-J. II. ORDINANCES ITEM # 41930 (Continued) That 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 compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of the real property tax upon the land so occupied; 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) 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. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Brancl~ III, William gE. 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 Absent: None March 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY'S DRAINAGE EASEMENT AT 2216 KENDALL DRIVE TO BRUCE CRESS, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Bruce Cress wishes to construct and maintain a temporary encroachment into the City's drainage easement at 2216 Kendall Drive to construct and maintain a wooden tongue and groove bulkhead two feet in front of an existing bulkhead which will be removed. WHEREAS, City Council is authorized pursuant to §§ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize temporary encroachments into the City's rights-of-way and easements 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, Bruce Cress, his heirs, assigns and successors in title are authorized to encroach into a portion of the City's drainage easement in order to construct and maintain a wooden tongue and groove bulkhead into that portion of the City's drainage easement as shown on the plat entitled: "PLAT SHOWING PROPOSED BULKHEAD IN CAPE HENRY SHORES AT 2216 KENDALL STREET, VIRGINIA BEACH, VIRGINIA," 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 encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Bruce Cress, (the "Agreement") which is attached hereto and incorporated by reference; and 35 36 37 38 39 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Bruce Cress 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 March , 1997. 42 43 44 45 CA- ORDIN\NONCODE\CRESS.ORD R-1 PREPARED: 2/25/97 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM SEASHORE STATE PARK SITk- ENCROACHMENT REQUEST FOR BRUCE Wo CRESS 25:37 PAMLICO '. SCALE: I"- 20 LOOP PREPARED BY P/W ENG. DRAFT. 1/15/97 EXHIBIT .... ~~, ~~- ~ ....... I PURPOSE: REPLACE BULKHEAD DATUM: MEAN LOW WATER ADJACENT PROPERTY OWNERS ~ .T, 6. dH~rnpioN SITE MAP MR. CRESS CAPE HENRY SHORES 2216 KENDALL ST. VA BEACH, VA PROPOSED BULKHEAD IN: CAPE HENRY SHORES AT: VA BEACH, VA APPLICAqON BY: MR, CRESS OF' ~ DATE: THIS AGREEMENT, made this , day of ) , 19 ~[ q, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and BRUCE CRESS, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead, it is necessary that the said party of the second part encroach into a portion of an existing City drainage easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead within a portion of the City's drainage easement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's drainage easement for the purpose of constructing and maintaining such bulkhead. 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 variable width drainage easement as shown on that certain plat entitled: "PLAT SHOWING PROPOSED BULKHEAD IN CAPE HENRY SHORES, AT 2216 KENDALL STREET, VIRGINIA BEACH, VIRGINIA, SCALE 1" = 30', DATED AUGUST 10, 1996, BY WIRT E. SHINAULT, P.E." a copy of which is attached hereto as Exhibit "A" and to which , reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's drainage easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that 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 all outfall pipes in the area must be tied through the bulkhead wall as per the Virginia Department of Transportation Road and Bridge Standard Specifications. It is further expressly understood and agreed that, at all times, clear access must be maintained over the pipe line systems that convey City waters for future maintenance. 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 Bruce Cress. 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 City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: APPROVEQ A'., ' . LEGAL SUFFICIE! ;,,,; : 6P(PROVED AS ,TO CONTEN'I _ . 2 ... · . ~1~~, , , DEPA~ME~ 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 :~ in and for the City and State aforesaid, , a Notary Public do hereby certify that J~e-~l whose name is signed to the foregoing writing, bearing date the /~~ day~o~f. e~-~~y~me i~ , 19~, has acknowledged the same b~r and State aforesaid. Given under my hand ~~_~mf~t~ , 19~. this /-~~day of Notary ~ublic // EXHIBIT "A" NC). 1GG47 PURPOSE: REPLACE BULKHEAD DATUM: MEAN LOW WATER ADJACENT PROPERTY OWNERS SITE MAP MR. CRESS CAPE HENRY SHORES 2216 KENDALL ST. VA BEACH, VA , , PROPOSED BULKHEAD IN: CAPE HENRY SHORES AT: VA BEACH, VA APPLICATION BY: MR. CRESS SliT"'"/3 OF ~ DATE: 8--10--g6 - 37 - Item F'-J. 12. ORDINANCES ITEM # 41931 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinances re property at 4611 North Greenwell Road between Lake Bradford and lake Joyce in the petition of the JOSEPH ANTHONY BIBLA ESTATE (BAYSIDE BOROUGH) re: 1. Release of the City of Norfolk's Right of Reverter. Declaring this 25-foot strip of land EXCESS PROPERTY in the City of Virginia Beach; and, to authorize the City Manager to dispose of same. Voting: 11-0 (By Consent) Council Members Voting 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. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 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 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO DISPOSE OF SAME WHEREAS, the City of Virginia Beach acquired ownership of a 25' strip of property by deed recorded in Deed Book 1018, at page 154; and WHEREAS, the City Council is of the opinion that a portion of the property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey said property in the manner he deems in the best interests of the City of Virginia Beach reserving therein any and all easements pertaining thereto, and further that such property be declared in excess of the needs of the City and is more particularly described as follows: All that certain 25' strip of property containing approximately 3758 sq. ft. which bisects the property of the Joseph Anthony Bibla Estate at 4611 North Greenwell Road and is designated and described "CURRENTLY CITY OF VIRGINIA BEACH DB 1018, PG 154" as shown on that certain plat entitled "PHYSICAL SURVEY OF PROPERTY OF JOSEPH ANTHONY BIBLA ESTATE BAYSIDE BOROUGH - VIRGINIA BEACH, VA MILLER - STEPHENSON & ASSOCIATES, P.C. GRAPHIC SCALE 1" = 40' APRIL 18, 1996", a copy of which is attached hereto as Exhibit A. IT BEING a portion of the same property conveyed to Grantor by deed of the City of Norfolk, a municipal corporation, dated July 21, 1967, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1018, at page 154. (GPIN: 1479-58-5518) 2. Any building site created shall connect to public water and sewer where available. This ordinance shall be effective from the date of its adoption. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of March , 1997. 44 45 46 47 CA-6544 ORDIN\NONCODE\Bibla. ORD R-1 PREPARED: 02/26/97 APPROVED AS TO CONTENT P~c Works APPROVED AS TO LEGAL SUFFICIENCY Department of Law ~tL ~ E~ - S ~PtVE'/VSON & A SSOC/A IZ~ P. ~ 2~' %rRiP Ir I. qlt %lLq,q~4 ~ ! ALX,'NVEN! 01 ~S' SIIHP OI PR~R~ W&S EStAIII~IrI~ BY l:"PfllllNOAqnN cr PRC]Pt:RTY Lw(S i(J ~K?IIN k~l I'tAt I:Nnllln *IMf, NOEl) RCSIJIIOIVIS~ PLAI fir LOT 4 AS Slq~Nm Oq PI. Al (N.IIJ'O 'SUPII~I~I~N ~r WOOL'trlEACN". I~.COll~O IN MAP 1 11n~ qJRYI:Y WAS lYf. RfORM~D tmTI4QU! P4F. OtPi. rll Cf ~ nnt qCPmi ANn UAY NO'/ ~ ANy/AIL Oq RCStI~CIIONS IHAI MAY A~t£CT SM) IIIOFt. RTY AS I rlOCJ(1 dTQN[ PlreglMAIIGq IH(TId4 Nr. Kqlq PI NO! CUAJIANITIrP PeKlr'CIITY S)fl:)q~14 #rllrOH roll ITIR1NCII Nr(llWlll(l~ a#n ll~NtlAM 11~ I%IXM ll~l~ FGil I1~ IqK~qRIY LONIK. I 1~r 111~, PI~IlICqT'f AmJUI$ 10 fall N ILO(X) ioNrl$) C L'UMW H I¥ 140 ftt'Y'JO ~ tX:ITRUmAnm tS PA~Jt) C]N t~W P~ffANCr RAI1~ YM~ ANI~ II~)fq~ N01 IMPLY 114&! h4K PRIIPI. RIf Will (]11 INU. Ngl !11' fllf. t Iron ('q tl~ l~f, P4 I Il'ti I.#4 4 FT-.14.10 ~ I-SlY STIXXAO~ FDICE THIS DEED OF VACATION AND QUITCLAIM, made this day of , 1997, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, "Grantor," party of the first part, and , , "Grantee," parties of the second part, 4611 North Greenwell Road, Virginia Beach, Virginia 23455. WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which are hereby acknowledged, the party of the first part hereby releases, vacates, and forever QUITCLAIMS unto the party of the second part its right and interest, if any, in the following described property: All that certain 25' strip of property containing approximately 3758 sq. ft. which bisects thee property of the Joseph Anthony Bibla Estate at 4611 North Greenwell Road and is designated and described "CURRENTLY CITY OF VIRGINIA BEACH DB 1018, PG 154" as shown on that certain plat entitled "PHYSICAL SURVEY OF PROPERTY OF JOSEPH ANTHONY BIBLA ESTATE BAYSIDE BOROUGH - VIRGINIA BEACH, VA MILLER- STEPHENSON & ASSOCIATES, P.C. GRAPHIC SCALE 1" = 40' APRIL 18, 1996", a copy of which is attached hereto as Exhibit A. IT BEING a portion of the same property conveyed to Grantor by deed of the City of Norfolk, a municipal corporation, dated July 21, 1967, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1018, at page 154. This conveyance is made subject to conditions, restrictions, easements, and reservations of record in the chain of title, if any, constituting constructive notice thereof. GPIN: 1479-58-5518 IN WITNESS WHEREOF, the City of Virginia Beach, a municipal corporation, has caused this deed to be executed in its name on its behalf, and its corporate seal to be hereto affixed and duly attested by its proper party, thereunto duly authorized. CITY OF VIRGINIA BEACH (SEAL) ATTEST: BY City Manager/Authorized Designee of the City Manager Ruth Hodges Smith City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 1997, by , City Manager/Authorized Designee of The City Manager, on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 1997, by RUTH HODGES SMITH, City Clerk, on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires: O~L LFR - ST~PHFNSO~I & ASSOCIATe'S, 2~~ %1'RIP / / PM~dT ',d' 'Au~O ~~ ~AI nnl q[~l ~ MAY ~1 ft~ r~lS) C AREA-~,,Oeg I.#4 AC I-STI' STO~ADE FENCE /4~II I-STY F~-t4.to IL42' / ! ~ ~l° LO/'/'~' LO/' ~ 12~.00' 3rm a~.d Correctness .~3~rov~: ~ ' NORFOLK, VIRGINIA Contents Approved: DEPT. ORDINANCE No. 38,604 AN ORDINANCE APPROVING THE RELEASE OF A RIGHT OF REVERTER OVER CERTAIN PROPERTY LOCATED AT 4611 NORTH GREENWELL ROAD BETWEEN LAKE BRADFORD AND LAKE JOYCE IN VIRGINIA BEACH. WHEREAS, by Deed dated July 21, 1967, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1018, at page 154, the City of Norfolk conveyed, inter alia, certain property designated Parcel i - Lake Bradford, including a strip of land 25 feet wide extending eastwardly from Lake Bradford to Lake Joyce which is more particularly described in said deed; and WHEREAS, the conveyance of the property was subject to the condition that the City of Virginia Beach use the property exclusively for public or municipal purposes and, except as authorized in Section 3 of Ordinance No. 23,967, adopted by the Norfolk City Council on June 20, 1967, not convey, sell or lease the property, nor use it for any other purpose; and WHEREAS, upon the breach of the aforesaid condition, the City of Norfolk was entitled to reenter the property and cause title thereto to revert to the City of Norfolk; and .--. WHEREAS, a portion of the twenty-five (25) foot strip described above crosses certain property known as 4611 North Greenwell Road, Virginia Beach, GPIN No. 1479585518, owned by Michael and Elizabeth F. Bibla; and WHEREAS, the owners of the said property located at 4611 North Greenwell Road have requested that the City of Norfolk waive its right of reverter; and WHEREAS, the City of Norfolk is willing to waive its right of reverter as to the 25 foot strip of land between Lake Bradford and Lake Joyce, as it affects the property located at 4611 North Greenwell Road, for the sum of $3,125.00; now, therefore, BE IT ORDAINED by the Council of the City of Norfolk: Section 1:- That the release of the City of Norfolk's right of reverter over a certain portion of the 25 foot strip between Lake Bradford and Lake Joyce to the City of Virginia Beach insofar as it affects that certain property known as 4611 North Greenwell Road, GPIN No. 1479585518, located in the City of Virginia Beach, for the sum of $3,125.00, is hereby approved, and the proper officers of the City are authorized to execute a Deed of Release, in form satisfactory to the City Attorney, upon receipt of the sum of $3,125.00. Section 2:- That this ordinance shall be in effect from and after its adoption. Adopted by Council December 17, 1996 Effective December 17, 1996 TRUE COPY TESTE: lA BRECKENRIDGE DgGJGHTREY, CITY CLERK BY: DEPUTY CITY CLERK LAKE JOYCE LOCATION MAP SCALE: 1" = 2640' SUBJECT SITE PREVIOUSLY SOLD SITE 1479-58-5518 1479-5,8-6,568 25' CITY OF II II It tt LOCATION MAP I ~SHOWlNG EXCESS CITY OWNED PROPERTY / / k', 25' STRIP (3758+_ SO. FTI / 0.086-I- AC.) [-LOCATED WITHIN GPIN 1479-58-5518 (4611 N. GREENWELL ROAD)I PREPARED BY P/W ENG. DRAFT. 314197 ~/ILLEf~ - SI~Pt¢CNSON (~ ASSO~A )~'S, P C. 2'~ %rRLP 1. qlt %IuI.,IIMd( ~ hNrl / I I P4WZ? '~' i AUtaq~I~NT 0t TS' S11aIP OI PRq~tRTY WAS ESIAlRl~alrn gv Pl~XflNO·llflN Cr PRoPtqTv LIN~$ AS ~K~WN ~N I1·I 'A¥~.NO(,O Iq~.'e~ITN1,IVISa~N PLAT Or LOt 4 AS ~ C~q fN1111£0 '5t,,q'qllVtq)~N Or IO0(~A~H'. I~C~lltt)~ Ill MAt' 151 AT PAO~ ~ llll~ qJffVtY WAS Ipt. I~OI~D m1140M! ni~ I~le(rll Cf 4 O~ flI:S11~CTI~NS INA1 uAy A~F£CT S~I) PflOPtRTT AS 1t~(10 l(31~ P, ff'OlaM·TIGN tiM)Id4 HfR[f]N Iq NQT (~JLq&NnFC AHO WAS Al~OX~UA~Y SCA. LID rRoId /' [ M A. rl.0C]O UNIJ'R-SI~I~I~'~N & A(hq~J·l~S. PC. ~S PKI! · r·mvv ~ ~ rT~ z~ r~ ins ~RiY ~1~l ft~ z~(5) c L~IY ~ 5t~331 PANFL ~C ~A~P 1-17-~ r~ Z~ K~MAn~ ~ PASO ~ ~ risc ~tqfll~ ~L ~ ~L ~1 ~ f~[ lan (R ~AMA~ R^U t 120 Qq'r I.#4 AC Ym,~" I-STY STIX:X.4~ I:~IC~ 1-STY F'RId n'.~4 ~o ~ / / LO/' H' LO/' f~ LO/' ~/ I II ii I ii LO/' ! 120.00' - 38 - Item V-J.13. ORDINANCES ITEM # 41932 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to adjust certain conditions re November 12, 1996, Ordinance declaring certain property as EXCESS adjacent to 4766 Open Greens Drive in the petition of THEODORE ,4. and FRANKIE B. CLAY; authorize the City Manager to dispose of same; and, to revise the consideration from $3700 to $3000, payable to Parks and Recreation's operating budget for future acquisition (KEMPSVILLE BOROUGH). Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy 14. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 25, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE FOR CITY COUNCIL TO ADJUST CERTAIN CONDITIONS CONCERNING THE NOVEMBER 12, 1996 ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME WHEREAS, on November 12, 1996, City Council passed an Ordinance, copy attached hereto, declaring certain property excess of the needs of the City of Virginia Beach and authorized the City Manager to convey said property to Theodore A. Clay and Frankie B. Clay; WHEREAS, the amount of compensation shown on the documentation provided to Council was incorrect; and WHEREAS, the applicant has requested that this matter be brought back to Council for reconsideration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to convey the property referenced in the attached Ordinance for the sum of $3,000.00 subject to the conditions contained in the attached Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of March , 1997. 24 25 26 27 CA-6432 ORDIN\NONCODE\ CLAY. ORD R-1 PREPARED: 02 / 21 / 97 ~ ~..,, .D AS TO CONTENTS APPR ©VED ", ~- ,,., TO ! tCAL ~U,--F]CIEi' """ ' ""-' CITY ATTORN~ I I ! /, LOCATION MAP SHOWING EXCESS CiTY OWNED PROPERTY (0.057 ACRES ) 20' STRIP ADJACENT ! I I I I ! l l TO 4766 OPEN GREENS DR. SCALE' 1" - 200' % x( NOTES: 1. MERIDIAN SOURCE BASED ON PLAT RECORDED IN DEED BOOK 2459, PAGES 726-729. 2. THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND. / 1571 REMAINING PORTION OF / PARCEL 2 / / PLAT SHOWING KEMPSVILLE MEADOWS GOLF COURSE / / FOR KEMPSVILLE PROPERTIES, LTD. ~.. (D.B. 24-54, P.1625-1628) ,/"~... / N 87'31'53" E / ~ 20' DRAINAGE EASEMENT / LOT 4-A BLOCK M RESUBDIVISION OF LOTS 1,2,3 AND 4, BLOCK K, LOTS 1,2,3 AND 4, BLOCK L AND LOTS 1,2,3 AND 4, BLOCK M KEMPSVILLE GREENS SECTION TWO (O.B. 274.5, P.1291) 20.17' --- I<° (D.B. 24-54., P.1625-1628) LI.I LOT 1 BLOCK N SUBDIVISION OF KEMPSVILLE GREENS SECTION TWO (D.B. 2459, P.726-729) 20' DRAINAGE EASEMENT (D.B. 24.54., P.162S-1628) 20.00' 81~. 10 ~ S 80'07'28" W OPEN GREENS DRIVE (D.B. 2459, P.726-729) (50') PLAT SHOWING A PORTION OF PARCEL 2 AS SHOWN ON PLAT ENTITLED "PLAT SHOWING KEMPSVILLE MEADOWS GOLF COURSE FOR KEMPSVILLE PROPERTIES' (D.B. 2454, P.1625-162a) TO BE ACQUIRED BY TED CLAY FROM THE CITY OF VIRGINIA BEACH, VIRGINIA KEMPSVILLE BOROUGH SCALE: 1"--- 30' VIRGINIA BEACH, VIRGINIA OCTOBER 20, 199.3 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS · ENGINEERS · PLANNERS VIRGINIA BEACH, VIRGINIA 0 30 60 90 120 FEET ~YKES CARNES BOURDON & AHERN P C ATTORNEYS A'r LAW PETITION TO DECLARE CERTAIN PROPERTY EXCESS AI~D TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, THEODORE A. CLAY and FRANKIE B. CLAY, husband and wife, by counsel, respectfully represent as follows: 1. That Petitioners apply to the Mayor and the Council of the City of Virginia Beach, Virginia, for an ordinance declaring the hereinafter described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey the property to the Petitioners upon payment of fair market value as determined by qualified appraisal and in accordance with City policy. 2. That your Petitioners own the property contiguous to the hereinafter described property and the subject property has no utility unless joined to the contiguous property of Petitioners. 3. The property your Petitioners are asking to be declared in excess of the needs of the City of Virginia Beach so that they may purchase same is hereby described as follows: PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C. - 1 - KES. CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW ALL THAT certain piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as "AREA TO BE ACQUIRED (2474 SQ.FT./0.057 ACRE)", as shown on that certain plat entitled "PLAT SHOWING A PORTION OF PARCEL 2 AS SHOWN ON PLAT ENTITLED 'PLAT SHOWING KEMPSVILLE MEADOWS GOLF COURSE FOR KEMPSVILLE PROPERTIES' (D.B. 2454, P. 1625-1628) TO BE ACQUIRED BY TED CLAY FROM THE CITY OF VIRGINIA BEACH, VIRGINIA", dated October 20, 1993, marked "Exhibit A", attached hereto and made a part hereof. IT BEING a portion of the property conveyed to the City of Virginia Beach by Deed of Dedication dated December 20, 1985 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2468, at Page 1790. 4. That no inconvenience will result to any person or property owner by reason of the sale of the hereinabove described property. WHEREFORE, your Petitioners pray that the Mayor and City Council of the City of Virginia Beach, Virginia, declare the hereinabove described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey same to your Petitioners upon payment to the City of - 2 - :ES. CARNES. BOURDON & AHERN, P C A'I'rORNEYS AT LAW Virginia Beach, for the fair market value of said property as determined by qualified appraisal. Respectfully submitted, THEODORE A. CLAY AND FRANKIE B. CLAY Of Counsel R. Edward Bourdon, Jr., Esquire SYKES, CARNES, BOURDON & AHERN, P.C. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 (757)499-8971 6033i - 3 - JON M AHERN R. EDWARD BOURDON, JR THOMAS S. C. ARNES JAMES T CROMWELL LINDA NYE HUSS KEITH L. KIMBALL KIRK B LEVY TODD lvi LYNN JENNIFEK D ORANI-SMITH HOWARD R. SYKES, JR SYKES, CARNES, BOURDON & AHERN, P. C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK PEMBROKE ONE-THE FILTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 February 14, 1997 James C. Lawson, Director Department of Real Estate CITY OF VIRGINIA BEACH Operations Building, Room 170 Municipal Center Virginia Beach, Virginia 23456-9004 TELEPHONE 499-8971 AREA CODE 757 FACSIMILE (757) 456-5445 OR 671-1454 David $. Hay, Esquire Office of the City Attorney CITY OF VIRGINIA BEACH Municipal Center Virginia Beach, Virginia 23456 RE: Excess Property Acquisition for Theodore A. and Frankie B. Clay - 4766 Open Greens Drive, Virginia Beach, Virginia - Dear Jim and David: Please accept my apologies for our office having failed to timely correct the error contained in the proposed QuitClaim Deed to the excess property. As you are aware, the recited consideration should have been $3,000.00, pursuant to our agreement. Enclosed herewith please find a corrected proposed QuitClaim Deed which accurately reflects the $3,000.00 consideration which Mr. Clay has agreed to pay the City in return for the QuitClaim Deed to this small strip of property which will be added to his existing townhouse property. If I can be of any further assistance in this regard, do not hesitate to contact me. With kind regards, I am REBjr/arhm/6406i Enclosure cc: Theodore A. Clay Very truly yours, R. Edward Bourdon, Jr. - 39 - ltzm F'-J.14. ORDINANCES ITEM # 41933 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: · Ordinances to authorize Tax Refunds in the amount of $14,478.31 upon application of certain persons and upon certification of the City Treasurer Voting: 11-0 (By Consent) Council Members Voting 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. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 25, 1997 -ORM NO C A. ? 3/10/97 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 Linda T Chappell Chase Manhattan Mort Corp Ronnie Anglin & J R Ralph Progressive Construction Inc Dovenmuehl e Dovenmuehl e Dovenmuehl e Dovenmuehl e Dovenmuehl e Dovenmuehl e Mortgage Mortgage Mortgage Mortgage Mortgage Mortgage Dovenmuehle Mortgage William D Baldwin Mildred S & Louis Freeman Mildred S & Louis Freeman Crestar Bank Crestar Bank 97 RE(l/2) 020979-9 12/5/96 97 RE(l/2) 118197-7 11/18/96 97 RE(l/2) 002928-9 12/5/96 97 RE(l/2) 097765-5 12/4/96 97 RE(l/2) 111732-4 12/5/96 96 RE(l/2) 110433-9 12/5/95 96 RE(2/2) 110433-9 5/14/96 95 RE(l/2) 109100-4 11/18/94 95 RE(2/2) 109100-4 5/24/95 94 RE(l/2) 108147-2 12/5/93 94 RE(2/2) 108147-2 6/5/94 96 RE(2/2) 005409-1 9/23/96 96 RE(l/2) 041173-0 11/24/95 96 RE(2/2) 041173-0 5/17/96 96 RE(l/e) 134296-5 5/30/96 96 RE(2/2) 134296-5 5/30/96 202.03 36.30 840.75 753.12 23.99 23.36 23.36 22.42 22.42 22.42 22.42 70.44 45.34 45.34 3,481.09 4,557.10 10,191.90 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $10,191.90 were approved by the Council of the C~ty of Virginia Beach on the 25_day of Hatch, 1997 Ruth Hodges Smith City Clerk rll T .-A~k ~ nsor~, T rea~urer ~oved as to form: Leslie L Lllley,~,TM A~o~.y~_~ ORM NC) C.A 7 3/3/97 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 tlon No. Paid Total Navy Federal Credit Union 97 RE(l/2) BB&T Mortgage 97 RE(1/2) Jeffrey T & Claudia Witte 97 RE(l/2) Geraldine S Russell 97 RE(l/2) Gregory & Georgianna Frech 97 RE(l/2) U-Haul Real Estate Company 97 RE(l/2) Kevin ARyan 90 RE(1/2) William R Huffman 92 RE(2/2) 108930-0 12/5/96 170.78 021776-2 11/18/96 28. O0 130311-3 12/5/96 2,289.01 104765-9 11/12/96 18.30 041730-5 12/5/96 1,464. O0 123601-7 11/29/96 21.34 172236-3 7/3/96 198.43 251320-9 10/18/96 96.55 Total 4,286.41 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $4,286.41 . were approved by the Council of t~.e City of Virginia Beach on the:Zb. day of March, 1.997 Ruth Hodges Smith City Clerk ;ns~n, T're~surer Approved as to form. Item V-J.I$. ORDINANCES ITEM # 41934 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize License Refunds in the amount of $1,803.28. upon application of certain persons and upon certification of the Commissioner of the Revenue. 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 Voting Nay: None Council Members Absent: None March 25, 1997 I FOflM NO CA ERE¥ ~ 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 apphcabons for license refunds, upon certihcation of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Khan, Abdur R 4221 Pleasant Valley Road V~rg~n~a Beach VA 23464 1997 02-26-97 145 00 Medical & SurgIcal Eye Spec~ahst, Inc 800 Kempswlle Road 1300 Norfolk VA 23502 1994-97 Porch N Pabo Inc 4613 Brantmgham Dnve V~rg~n~a Beach VA 23464 Audit R~tchey, Stephen A 161 Business Park Dnve V~rgm~a Beach VA 23462 1995-96 Audit 1994-96 Audit Th~s ordinance shall be effecbve from date of adoption. The above abatement(s) totaling $1,099 43 of the C~ty of V~rg~n~a Beach on the 25th 145 oo 587 68 587 68 145 19 145 19 221 56 221 56 Certified as to Payment (--~l~obert P Vaughan ~' Commissioner of the Revenue Approved as to form 'L"~ L L~ey v~ C~ty Attorney were approved by the Council day of March ,19 97 Ruth Hodges Smith C~ty Clerk I FORM NO C A ! I~EV 3~ 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 certrficat~on of the Commissioner of the Revenue are hereby approved NAM E LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Asfar~, Inc 5393 Wesleyan Dnve 105 V~rg~n~a Beach VA 23455 1997 02-28-97 219 61 Colhns, Behnda B 1997 2474 Lynnhaven South Business Park V~rgm~a Beach VA 23452 Global Construction, Inc P O Box 3545 Hohday, FL 34690 O2-28-97 40 00 1996 08-06-96 444 24 219 61 40 O0 444 24 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totahng $703.85 of the C~ty of V~rg~n~a Beach on the 25 Certified as to Payment ,.~.~bert P Vaughan ~ Commismoner of the Revenue Approved as to form L"e~l~ L Lilley '--~ C~ty Attorney were approved by the Council day of March ,19 97 Ruth Hodges Smith City Clerk - 41 - Item V-K. RESOLUTIONS ITEM # 41935 Upon motion by Councilman Sessoms, seconded by Councilman Brancl~ City Council APPROVED BY CONSENT in ONE MOTION Resolution 2 and 3 a.,b.,c. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn March 25, 1997 Item V-K.1 RESOLUTIONS ITEM # 41935 Matthew Brown, General Manager - Brewer's East, Phone: 427-5880, registered in OPPOSITION Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution re the Planning Study for design and construction of a 60- bed secure Juvenile Detention Facility expandable to 75-beds; authorize the City Manager to submit the Planning Study with a request for maximum reimbursement for capital costs to the Board and Department of Juvenile Justice for State approval; authorize the City Manager to extend agreements with the City of Chesapeake for use of the Tidewater Detention Home; and, to direct City staff further explore other options for secure and less secure detention for appropriate juveniles. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis t~ 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 March 25, 1997 RESOLUTION APPROVING THE PLANNING STUDY FOR DESIGN AND CONSTRUCTION OF A 60-BED SECURE JUVENII~ DETENTION FACILITY WITH EXPANSION TO 7S-BEDS AND AUTHORIZING CERTAIN ACTIONS BY THE CITY MANAGER 1 WHEREAS, on December 13, 1994, the City Council passed a resolution approving the needs assessment study 2 for a secure juvemle detention facility to be located in Virginia Beach, and authorizing the City Manager to move 3 forward to lure an arctutectural and engineering firm to conduct a planning study for a 40-to-50 bed facility; 4 WHEREAS, the State Board of Youth and Family Services (now the Board of Juvenile Justice) approved the 5 needs assessment study on March 8, 1995 authorizing the City of Virginia Beach to conduct a planning study for a secure 6 juvenile detention facility which is the second step in a two-step State process for requesting State reimbursement for 7 a portion of construction and operating costs for this facility; 8 WHEREAS, during the development of the planning study, the Juvenile and Domestic Relations Court requested 9 that the City design a facility which would open at 60 beds to better meet the needs of the Court rather than 45 beds as 10 originally approved of in the detention center capital improvement project; 11 12 13 WHEREAS, City staff and the architectural and engineering firm of Hayes, Seay, Mattern and Mattern, Inc. have developed a planmng study which sets forth the plan for construction, staffing and operation of a 60-bed Virginia Beach Juvenile Detention Center that is expandable to 75-beds; 14 WHEREAS, to meet Virginia Beach's immediately foreseeable secure detention needs, a 60-bed secure detention 15 facility expandable to 75-beds located in Virginia Beach will be needed in the future in conjunction with continued use 16 of Tidewater Detention Home, possibly other existing detention homes, and the existing alternative less secure detention 17 programs. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA: 20 That the City Council approves the planning study for a 60-bed secure juvenile detention facility expandable 21 to 75-beds to be located in Virginia Beach, and authorizes the City Manager to submit the planning study and a request 22 for maximum reimbursement for capital costs to the Board and Department of Juvenile Justice for State approval; and 24 BE IT FURTHER RESOLVED' 25 That the City Manager is authorized to extend agreements w~th the City of Chesapeake for use of 26 Tidewater Detention Home, and to direct City staff to further explore other options for secure and less secure detention 27 for appropriate juveniles. 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 25T,~ day of 29 1997 MARCH 30 C \CIP\96-97~IDETAGEN.REQ VOL. 59 SGH 31 Prepared' March 4, 1997, revised March 19, 1997 APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY APPROVED AS TO CONTENT DEPART-M~NT' OF MANAGEMENT SERVICES Item V-K.2. RESOLUTIONS ITEM # 41957 Upon motion by Councilman Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to express support for, and request Congress adopt, legislation that wouM restore the integrity of the four Federal Transportation Trust Funds by removing them from the Unified Federal Budget. Voting: 10-0 (By ConsenO Council Members Voting ,dye: John ,d. Baum, Linwood O. Branch, III, William 1~. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn March 25, 1997 A RESOLUTION EXPRESSING SUPPORT FOR LEGISLATION THAT WOULD TAKE THE FEDERAL TRANSPORTATION TRUST FUNDS OUT OF THE UNIFIED FEDERAL BUDGET WHEREAS, federal investment ~n highways, airports, waterways and ports ~s almost entirely financed by user fees; WHEREAS, these user fees are deposited in four (4) federal transportation trust funds created by Congress to ensure that federal investment in transportation infrastructure could be made on a "pay-as-you-go" basis; WHEREAS, over the past several decades, the amount of federal investment in our nation's transportation infrastructure has been lower than the amount of user fees deposited in the trust funds, resulting in growth ~n the trust funds to the point that they now have a combined balance of over $30 billion; WHEREAS, these trust funds are currently included in the unified federal budget which enables Congress to use them in support of deficit spending for non-transportation programs; WHEREAS, the nation's transportation infrastructure system is ~nstrumental to the economic vitality of our country but is not sufficient to ensure continued economic growth ~n the 21st century; WHEREAS, the U.S. Department of Transportat~on's most recent biennial report to Congress concluded that the cost just to maintain current, inadequate, highway and bridge conditions is nearly $15 billion annually; WHEREAS, the United States House of Representatives has ~ntroduced legislation that would take the transportation trust funds out of the unified federal budget, thereby preventing the federal government from "borrowing" money from the funds to support non- transportation programs; and WHEREAS, this proposed legislation, if adopted, will ensure that funds are available to support expanded federal transportation ~mprovement programs that will ~ncrease tax revenues, create good-paying jobs, and boost the overall economy. NOW THEREFORE, BE IT RESOLVED by the Council of the City of V~rginia Beach, Virginia: That City Council hereby expresses ~ts support for, and requests Congress to adopt, legislation that would restore the integrity of the four federal transportation trust funds by taking them out of the unified federal budget; and BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit a copy of this resolution to each member of the City's Congressional delegation. 25 Resolved by the Councd of the City of Virginia Beach, Virginia, on the day of Haz'ch , 19 97 ATTEST: CLERK OF COUNCIL MAYOR Item V-IC3. RESOLUTIONS ITEM # 41938 Upon motion by Councilman Sessoms, seconded by Councilman Brancl~ City Council ADOPTED: Resolutions to request the Virginia Department of Transportation (VDOI), effective July 1, 1997: a. ACCEPT additional streets representing an additional 26.45 lane miles b. ACCEPT corrections and delete 9.89 lane miles from the urban street inventory Pay urban maintenance to the City on the established rate Resolution to express support for, and request Congress adopt, legislation that wouM restore the integrity of the four Federal Transportation Trust Funds by removing them from the Unified Federal Budget. Yotin g : 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn March 25, 1997 RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting additional streets for urban maintenance payments; and WHEREAS, the attached streets have been constructed in accordance with standards established by the Virginia Department of Transportation; and WHEREAS, the City of Virginia Beach has accepted these streets and has agreed to maintain these streets, and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these streets and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted this day ofMar~ 1997 CITY OF VIRGINIA BEACH, VIRGINIA BY CITY MANAGER/DESIGNEE OF THE CITY MANAGER ATTEST RUTH HODGES SMITH, CMC/AAE CLERK OF COUNCIL APPROVED AS TO CONTENTE - '/ SIGNATURE ; - - ' DEPARTM£NT SIGNATURE CITY ATTORNEY RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting corrections/deletions to the revised road inventory for urban maintenance payments; and WHEREAS, city personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections to the revised road inventory; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these corrections and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted this 25 March day of , 1997 CITY OF VIRGINIA BEACH, VIRGINIA BY CITY MANAGER/DESIGNEE OF THE CITY MANAGER ATTEST RUTH HODGES SMITH, CMC/AAE CLERK OF COUNCIL APPROVED AS TO CONTENT; ,_. / S~GNATUflE ~ ..... APPROVED AS TO FORM ..~ · .._ ~"~ ~ - i , ~, , SIGNATURE. cr~Y A ~ O~NEY Form U-1 (Rev. 1-1-87) URBAN MINOR ARTERIAL URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 BO9 BIO STREET NAME . ROUTE NUMBER CENTERVILLE TP CENTERVILLE TP FROM INDIAN RIVER RD CBN EAST ENTRANCE TERMINI TO CBN EAST ENTRANCE BRANDON BV R/W ~IDTH (FEET) 150 150 PAVEMENT WIDTH (FEET) 58. 25. CENTER- LINE MILES 0.32 NUMBER OF LANES LANE MILES 0.96 1.46 FUNC. CLASS (TPD USE ONLY) *COUNCIL RESOLUTION & MAP ATTACHED · MUNICIPAL OFFICIAL Submit to: Resident Engineer in Trlptlcate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) ADDITIONS URBAN COLLECTOR URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNC. . WIDTH WIDTH LINE OF MILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LANES (TPD USE ONLY) * FROM TO JAKE SEARS RD CENTERVILLE TP REGENT UNIVERSITY DR 150 52. 0.06 2 0.12 REGENT UNIVERSITY DR JAKE SEARS RD ?00~ N JAKE SEARS RD 60 24. 0.09 2 0.18 INDIAN LAKES BV VIOLET BANK DR PROVIDENCE RD 96 25. 0.23 2 0.46 BIO BIO DO9 *COUNCIL RESOLUTION & MAP ATTACHED ~UNICIPAL~OFFICIAL V' DATE Submit to: Resident Engineer in Tripticate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U- 1 (Rev. 1-1-87) ADDITIONS LOCAL URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYNENTS Section 33.1-41.1 Code of Virginia NUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 4 Bll Bll Bll EIO Ell FO3 STREET NANE TERN%N% R/W PAVENENT CENTER- NOMBER LANE FUNC. WIDTH WIDTH LINE OF NILES CLASS ROUTE NUMBER (FEET) (FEET) NILES LANES (TPD USE ONLY) * FROM TO OUNN LORING CT GLEN VIEW DR CUL-OE-SAC 60 26. 0.03 2 0.06 HARPER'S FERRY DR GLEN VIEW DR CUL-OE-SAC 50 26. 0.08 2 0.16 MCLEAN CT HARPER'S FERRY OR CUL-OE-SAC 50 26. 0.03 2 0.06 ROTHWELL OR ROUND HILL DR HARSHAW DR 50 30. 0.16 2 0.32 DALSBURY LN BELSPRING OR OEAO END 50 29. 0.04 2 0.08 STONE CHURCH CT CHURCH POINT RD CUL-DE-SAC 50 26. 0.03 2 0.06 TIMBER RIDGE CT TIMBER RIDGE DR CUL-OE-SAC 50 26. 0.14 2 0.28 DONNINGTON CT DONNINGTON DR CUL-DE-SAC 50 25. 0.02 2 0.04 DONNINGTON DR WHITLEY PARK DR DONNINGTON CT 50 25. 0.43 2 0.86 KANTURK CT WHITLEY PARK DR CUL-OE-SAC 50 25. 0.04 2 0.08 SOUTHCROSS CT CUL-DE-SAC BARRICADE 50 32. 0.08 2 0.16 WH[TLEY PARK CT DONN]NGTON DR CUL-DE-SAC 50 25. 0.02 2 0.04 FO3 Fll Fll Fll Fll Fll *COUNCIL RESOLUTION & NAP ATTACHED NUNICIPAL OFFICIAL ~.~C,/~2 SIGNEDREsIDENT ENGINEER DATE Submit to: Resident Engineer in TripLicate CLASSIFIED BY TPD ENGINEER DATE Some Questions and Answers About Truth in Budgeting Why should the transportation trust funds be off-budget? It's good, honest government. And because without it, federal support for transportation improvement programs will likely be dramatically cut over the next seven years - despite the fact that receipts to the four federal transportation trust funds could support expanded federal transportation improvement programs that would create additional tax revenues, create good paying jobs, and boost the economy. What would this legislation do? It would simply take the four federal transportation trust funds out of the unified federal budget - the same budgetary treatment already accorded the Social Security and U.S. Postal Service trust funds. Why should the transportation trust funds be taken off-budget? Because it's the #ght thing to do. America's transportation users are being cheated by the federal government. Federal investment in highways, airports, waterways and ports is almost entirely user financed, primarily through excises levied on the sale of motor fuel and airline tickets. Highway user fees also support federal mass transit capital grants. When these user fees were initiated, Congress also created special trust funds for their deposit to ensure that federal investment in transportation infrastructure would be a "pay-as-you-go" proposition. Over the past several decades, however, in some years, federal transportation outlays have been held below the level that could be supported through user fee collections. The trust fund accounts grew, generating interest income, to the point that they now have a combined balance of more than $30 billion. Since these trust funds are included in the unified federal budget, their positive balances can be used to make deficit spending elsewhere in the government. The 2 higher the transportation trust fund balances, the lower the reported federal deficit. All they have to do is cap investment below receipts. Under the 1996 Clinton budget plan, federal transportation investment would be cut annually from almost $40 billion this year to $35 billion in FY 2002. This would balloon the trust fund balances to more than $77 billion - two years' worth of gasoline and airline ticket tax payments all unspent! The Republican Budget Resolution would be even worse, ratcheting transportation investment down to $32 billion in FY 2002. Factoring in inflation, these plans would effect a $45-$58 billion real dollar cut in federal transportation investment over the next seven years. Why shouldn't transportation programs be cut to help reduce the deficit? Just as a homeowner cannot afford to let his or her house fall into disrepair, America cannot afford to let its core transportation infrastructure deteriorate. It is the backbone of the U.S. economy. Last November, the U.S. Department of Transportation's biennial report to Congress documented that just maintaining the nation's current, rather sorry, highway and bridge conditions would require an additional $15 billion annual investment over the next 20 years. It's also important to note that Amerfca's highway users have already contributed more than $30 billion to deficit reduction since 1990 through the diversion of a portion of the federal motor fuels excise to the General Fund. Wouldn't taking the transportation trust funds off-budget add to the deficit? No. Here's what the Congressional Budget Office said in scoring H.R. 842, the off- budget bill passed in April 1996 by the House of Representatives: "By itself, taking programs off-budget does not change total spending of the federal government and does not affect spending or revenue estimates for Congressional scorekeeping purposes." Taking the trust funds off-budget also does not alter the current authorization and appropriations process, as some would have you believe. Again, quoting CBO: "The likelihood and amount of potential increase [in transportation investments] are very uncertain because they depend upon future actions by both the authorizing and appropriations committees." Would taking the trust funds off-budget lead to massive cuts in other discretionary programs, like those for senior citizens and health research? That's an emotion-laden 'smoke screen.' Spending from the four transportation trust funds currently amounts to 2% of the total federal budget and 5.5% of discretionary spending. Taking these trust funds off-budget today would not cause one dime of cuts in other discretionary programs. It only means that in the future, additional cuts in trust fund programs will not count toward meeting spending targets such as discretionary caps or the Section 602 allocations. Within an overall budget of $1.7 trillion, there is ample room to use honest budget numbers for the $30 billion in transportation trust fund spending that would occur over time. In putting together future budgets - with the transportation trust funds off-budget - Congress will be able to make adjustments in all programs, including mandatories and revenues, to reach a balanced budget. Would it be possible to reach a balanced budget with the trust funds off-budget? Absolutely! Because transportation infrastructure investment spurs economic growth and jobs, taking these trust funds off-budget should make reaching a balanced budget easier. For example, the jobs created through federal transportation investments - about 42,000 per every $1 billion invested, according to a recent Federal Highway Administration report- helps reduce welfare and health care entitlement costs at the same time they are generating tax revenue for government at all levels. It is this sort of long-range vision that is lacking in the current budget debate. The off-budget bill would not remove the transportation trust funds from any calculations under proposed balanced budget constitutional amendments. Nor would it exempt any transportation trust fund investment from the provisions in the line item veto conference report. What about opponents' claims that transportation investment has exceeded trust fund revenues? Their calculation is based on a dishonest, and wrong, assumption - that interest earned over the years on the transportation trust fund balances should not be available for transportation investment. The U.S. Department of Treasury does not agree with that assumption. Here's why: The trust fund balances are invested in U.S. Treasury bonds. The interest earned on these balances must, under the law, be credited to the trust fund accounts and used only for transportation purposes. The Social Security Trust Funds are govemed by the same guidelines on interest. Indeed, more than half of the balance in the Social Security Trust Fund is accumulated interest. Does anyone suggest we should not spend that interest on beneficiaries?I! Isn't off-budget legislation just being pushed by the "highway lobby"? No. H.R. 4 is supported by more than 100 national organizations that represent general business, organized labor, farmers and transportation users. The bill is supported, for example, by the U.S. Chamber of Commerce, the National Federation of Independent Business, and the Small Business Legislative Council. The transportation construction and design industries also support the bill. And what's wrong with that? The transportation improvement projects they complete with federal funds create taxable profit, good-paying, tax-generating jobs, stimulate economic activity in communities across the nation, and improve the quality of American life. Taken from Amenoan Road & Transportation Builders Association for the Alliance for Truth in Transportation Budgeting Form U-1 (Rev. 1-1-87) ADDITIONS LOCAL URBAN DIVISION VOOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 2 of 4 Fll HIO STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS . ROUTE NUMBER (FEET) (FEET) MILES LANES (TPDoNLy)USE * FROM TO WHITLEY PARK DR DONNINGTON DR CUL-DE-SAC 50 25. 0.36 2 0.72 SAVILLE GARDEN CT SAVILLE GARDEN WY SAVILLE GARDEN laY 50 25. 0.1 2 0.2 ALAMEDA OR CATAWBA ST CATAWBA ST 50 30. 0.64 2 1.28 CATAWBA ST CURRITUCK OR FLUVANNA Cl 50 34. 0.07 2 0.14 COLDWELL OR FAYETTE DR FAYETTE DR 50 30. 0.17 2 0.34 CURRITUCK DR LIVINGSTON LP PAMLICO LP 66 ~. 0.96 2 1.92 FAYETTE CT FAYETTE DR CUL-DE-SAC 50 30. O.O& 2 0.08 FAYETTE DR CURRITUCK DR FAYETTE OR 50 30. 0.58 2 1.16 FLUVANNA CI RLAMEDA OR ALAMEOA OR 50 30. 0.22 Z 0.~ POLK DR POLK OR POLK DR 50 30. 0.5 2 1. VANCE WY POLK DR POLK DR 50 30. 0.13 Z 0.26 !WILKES DR FLUVANNA CI FLUVANNA CI 50 30. 0.06 2 0.12 I H13 H13 H13 H13 H13 H13 H13 H13 H13 H13 *COUNCIL RESOLUTION & MAP ATTACHED ,. S MUNICIPAL ~-FFICIAL / DATE ' Submit to: Resident Engineer in TripLicate SIGNED RES]DENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) ADDITIONS LOCAL URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 3 of 4 H13 'l STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF NILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LANES (TPD USE ONLY) * FROH TO YAOKIN DR FAYETTE DR COLDWELL DR 50 30. 0.08 2 0.16 FRONT COVE CT SNOREHAVEN OR CUL-OE'SAC 50 31. 0.04 2 0.08 ABBOTSBURY CT 'ABBOTSBURY WY CUL-OE'SAC 50 25. 0.05 2 0.1 ABBOTSBURY WY SAVILLE GAROEN WY SAVILLE GARDEN WY 50 25. 0.22 2 0.44 CRANEBORNE CT ABBOTSBURY WY CUL-OE'SAC 50 25. 0.08 2 0.16 BROAD ACRES CT BROAD ACRES WY CUL-DE-SAC 50 30. 0.1 2 0.2 BROAO ACRES WY RED BARN OR CUL-DE-SAC 50 30. 0.11 2 0.22 WATER MILL CI MILL DAM RD CUL-OE-SAC 50 30. 0.12 2 0.24 'DILLINGHAM RD BERNADOTTE ST BRACSTON RO 50 30. 0.09 2 0.18 BODNER CT LC~ER GREENS DR DEAO END 50 30. 0.05 2 0.1 FERGUSON CT LOWER GREENS DR CUL-DE-SAC 50 30. 0.09 2 0.18 LANGHORNE CT LC~ER GREENS DR CUL-DE-SAC 50 30. 0.06 2 0.12 I04 110 110 I10 111 Ill JO4 J12 K12 K12 K12 *COUNCIL RESOLUTION & MAP ATTACHED ~IUNI CI PAL OFFICIAL Submit to: Resident Engineer in TripLicate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) ADDITIONS LOCAL URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 4 of 4 1(12 K12 K12 Lll STREET NAME TERMINI R/U PAVEMENT CENTER- NUMBER LANE FUNC, . gIDTH gIDTH LINE OF MILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LANES (TPD USE ONLY) * FROH TO LOWER GREENS DR HIGNGATE GREENS BV UPPER GREENS PL 50 30. 0.18 2 0.36 RAEFORD CT LOWER GREENS DR CUL'DE-SAC 50 30. 0.08 2 0.16 RHOOES CT HIGHGATE GREENS BV CUL'DE'SAC 50 30. 0.06 2 0.12 TOLER LN SANDERSON LN LOWER GREENS DR 50 30. 0.16 2 0.32 UPTON DR REDMILL DR OLD PAVEMENT 65 30. 0.07 2 0.14 WARNER HALL DR REDMILL BV UPTON DR 50 30. 0.02 2 0.04 Lll *COUNCIL RESOLUTION & MAP ATTACHED SIGNED /Cc(_ ~. I~UNICIPAL O~ICIAL /DATE Submit to: Resident Engineer in Triplicate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) ADDITIONS/REPLACE DELETIONS URBAN PRINCIPAL ARTERIAL URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-&1.1 Code of Virginia NUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 STREET NANE TERMINI R/W PAVENENT CENTER- NLIHBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS ROUTE NUNBER (FEET) (FEET) MILES LANES (TPD USE ONLY) * FRON TO NILITARY HW S INDIAN RIVER RD ALEXANDRIA AV 180 35. 0.15 7 1.05 MILITARY HW S ALEXANDRIA AV NORFOLK CITY LINE 180 35. 0.8 8 6.4 MILITARY NW S CHESAPEAKE CITY LINE AUBURN DR 160 35. 0.04 2 0.08 NILITARY HW S AUBURN DR INDIAN RIVER RD 180 35. 0.62 6 3.Z2 I A08 A09 A09 A09 *COUNCIL RESOLUTION & FlAP ATTACHED SIGNE~,/?~C , , I~JNICIPAL OFFICIAL / DATE Submit to: Resident Engineer in Trlpticate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) ADDITIONS/REPLACE DELETIONS URBAN MINOR ARTERIAL URBAN DIVISION VDOT REOUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia HUNICIPAL]TY CITY OF VIRGINIA BEACH Page 1 of 1 STREET NAME TERMINI R/g PAVEMENT CENTER- NUHBER LANE FUNC. gIDTH gIDTH LINE OF MILES CLASS . ROUTE NUHBER (FEET) (FEET) MILES LANES (TPDoNLy)USE * FROH TO REGENT UNIVERSITY DR 0.53HN INDIAN RIVER RD BRANDON BV 60 24. 0.75 2 1.5 ,,, BIO *COUNCIL RESOLUTIOn& HAP ATTACHED \ SIGNED/ /L L_~ ~,.~-"'~ ~ · " . ~ :HUNIC]PAL OFFICIAL ~DATE Submit to: Resident Engineer in Trip[icate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U- 1 (Rev. 1-1-87) ADDITIONS/REPLACE DELETIONS URBAN COLLECTOR URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia MIJNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 BO9 STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS . ROUTE NUMBER (FEET) (FEET) MILES LANES (TPD USE ONLY) * FROM TO REGENT UNIVERSITY DR INDIAN RIVER RD O.53MN INDIAN RIVER RD 60 27. 0.53 2 1.06 _ *COUNCIL RESOLUTION & MAP ATTACHED Submit to: Resident Engineer in Tripticate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) DELETIONS/TO BE REPLACED URBAN PRINCIPAL ARTERIAL URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-&1.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 A08 STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LANES (TPD USE ONLY) * FROg TO MILITARY HWY S ALEXANDRIA LA INDIAN RIVER RD 50 88. 0.16 & 0.64 MILITARY HWY S INDIAN RIVER RD O.OZMS INDIAN RIVER 50 86. 0.07 ? 0.49 MILITARY HWY S O.07MS INDIAN RIVER 0.24NS INDIAN RIVER 50 59. 0.17 6 1.02 MILITARY HWY S NCL ALEXANDRIA LA 40 48. 0.82 4 3.28 MILITARY HWY S 0.40MS INDIAN RIVER PROVIDENCE RD 50 63. 0.1 4 0.4 MILITARY HWY S PROVIDENCE RD AUBURN DR 50 76. 0.12 6 0.72 MILITARY HWY S AUBURN DR SCL 50 ~. 0.04 2 0.08 MILITARY NWY S 0.24MS INDIAN RIVER 0.40NS INDIAN RIVER 50 49. 0.16 4 0.64 A08 A08 A08 A09 A09 A09 A09 *COUNCIL RESOLUTI/~I & MAP ATTACHED SIGN · tHUNICIPAY OFFICIAL / DATE ' - Sul~lt to: Resident Engineer in TripLicate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 URBAN DIVISION (Rev. 1 - 1-87) VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYMENTS DELETIONS/TO BE REPLACED Section 33.1-41.1 URBAN MINOR ARTERIAL Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 STREET NAME TERMINI R/g PAVEMENT CENTER- NUHBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS . ROUTE NUMBER (FEET) (FEET) MILES LANES (TPDoNLy)USE * FROH TO CENTERVILLE TPK 0.53MN INDIAN RIVER BRANDON BVD 60 24. 0.75 2 1.5 BIO *COUNCIL RESOLUTION & MAP ATTACHED Submit to: Resident Engtneer in Tripticate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U- 1 (Rev. 1 - 1-87) DELETIONS/TO BE REPLACED URBAN COLLECTOR URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYNENTS Section 33.1-41.1 Code of Virginia NUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 BO9 STREET NAHE TERNINI R/g PAVENENT CENTER- NUNBER LANE FUNC. gIDTH gIDTH LINE OF NILES CLASS ROUTE NUNBER (FEET) (FEET) NILES LANES (TPD USE ONLY) * FROH TO CENTERVILLE TPK INDIAN RIVER RD 0.53NN INDIAN RIVER 60 36. 0.53 2 1.06 *COUNCIL RESOLUTI,ON~&, HAP ATTACHED S[GN ~ , #UN]CIPAL OFFICIAL ,'DATE Submit to: Resident Engineer in TripLicate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) DELETIONS/TO BE REPLACED LOCAL URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia HUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 DO9 STREET NANE TERNINI R/g PAVENENT CENTER- NUMBER LANE FUNC. g[DTN W[DTH LINE OF NILES CLASS ROUTE NUMBER (FEET) (FEET) NILES LANES (TPD USE ONLY) * FRUM TO INDIAN LAKES BVD DEAD END VIOLET BANK DR 66. 0.03 2 0.06 *COUNCIL RESOLUTION & MAP ATTACHED ! MUNICIP~ OFFICIAL / DATE Sut~nlt to: Resident Engineer in TripLicate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) SPELLING CORRECTIONS DELETIONS/TO BE REPLACED URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia HUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 BO9 BO9 C09 C09 E06 lll 111 MO7 STREET NAME ROUTE NLMBER 64 OVERPASS REGENT UNIVERSITY DR TERMINI ROM TO 0.47Ng CENTERVILLE O.2ZMU CENTERVILLE LEVEL GREEN BV 64 OVERPASS gIDTH (FEET) PAVEMENT gIDTH (FEET) 62. CENTER- LINE NILES 0.58 0.35 NLMBER OF LANES LANE MILES 3.48 2.8 FUNC. CLASS (TPD USE ONLY) CENTERVILLE TP FERRELL PKg¥ INDEPENDENCE Cl ROSE PEDAL CT ROSE PEDAL DR SOUTHSIDE DR CENTERVILLE TPK REGENT UNIVERSITY DR FARRELL P~ KEMPSVILLE RD CONSTITUTION RD PEMBROKE BVI) ROSE PEDAL DR CUL-DE-SAC CHESTgOOO DR CHESTI~30O DR SOUTHSIDE DR HARBOUR PT 5O 5O 150 72. 37. 58. 30. 30. 0.37 0.17 0.24 0.06 0.05 0.32 56. 1.36 1.44 0.3 0.1 112. *COUNCIL RESOLUT~,N & MAP ATTACHED , Submit to: Resident Engineer in TripLicate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE BO9 BO9 C09 C09 EO~ ill 111 MO? Form U-1 URBAN DIVISION (Rev. 1-1-87) VDOT Page 1 of REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 SP~LLING CORRECTIONS Code of Virginia ADDITIONS TO REPLACE DELETIONS HUNICIPALITY CITY OF VIRGINIA BEACH STREET NA~E TERMINI R/W PAVEMENT CENTER' NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS . ROUTE NUMBER (FEET) (FEET) MILES LANES (TPI) USE ONLY) * FROM TO , INDIAN RIVER RD 6~ OVERPASS REGENT UNIVERSITY DR 95 66. 0.35 8 2.8 INDIAN RIVER RD LEVEL GREEN BV 6~ OVERPASS 80 78. 0.58 6 3.48 INDIAN RIVER RD KEMPSVILLE RD SPLIT I.R. RD/ FERRELL PK 95 66. 0.24 6 1.~ ,, INDIAN RIVER RD REGENT UNIVERSITY DR CENTERVILLE TP 81 ~8. 0.17 8 1.36 INDEPENDENCE BV INDEPENDENCE C! PEMBROKE BV ?5 58. 0.0~ 5 0.3 ROSE PETAL CT ,ROSE PETAL DR CUL-DE-SAC 5p 30. 0.05 2 0.1 ROSE PETAL DR CHESTWOOO DR CHESTW~ DR 50 30. 0.32 2 0.6~ ,,, GENERAL BOOTH BV SOUTHSIDE DR HARBOUR PT 150 0.3? 56. 2 112. *COUNCIL RESOLUTION%& HAP ATTACHED , !HUNICIPAL ~FZCZAL Submit to: Resident Engineer in TripLicate SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Item ~-L. PUBLIC HEARING ITEM # 41939 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. L YNNHA I~EN UNITED METHODIST CHURCH CONDITIONAL USE PERMIT 2. MOTHER SETON HOUSE, INC. T/,4 SETON HOUSE CONDITIONAL USE PERMIT 3 PEP BOYS CONDITIONAL USE PERMIT 4. SARAII J. COREY CONDITIONAL USE PERMIT $. CHURCH OF THE REDEEMER CONDITIONAL USE PERMIT 6. ANTONIO T. LUND Y CONDITIONAL USE PERMIT 7. MILLER OIL CO., INC. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 8. BRIAN J. AND STEFANY DOLMAT CONDITIONAL CHANGE OF ZONING 9. RECARDO LEWIS, NEW DIRECTION DEVELOPMENT, L.L.C. CHANGE OF ZONING March 25, 1997 Item V-L. PUBLIC HEARING ITEM # 41940 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in ONE MOTION Items 4, 5, 6, 7 and 8 of the PLANNING B Y CONSENT Items. 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 I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 25, 1997 - 47 - Item V-L.1. PUBLIC HEARING ITEM # 41941 PLANNING The following registered in SUPPORT of the application: Bruce D. Tuttle, Pastor - Lynnhaven United Methodist Church, 3505 Downing Court, Phone: 340-0786 Attorney I~ E. Bourdon, Jr., Pembroke One, Building Fifth Floor, Phone: 499-8971, represented the applicant Attorney R. J. Nutter, Jr., 425 Corporation Lane, Phone: 518-3200 Dan Walters, 3452 Green Pine Lane, Phone: 340-7763 Mark Williams, 9000 World Trade Center, Norfolk, Phone: 640-3713 Dick Gibson, representing 360 Degree Communications in Charlottesville. Cathy Walsh, 716 Runnymede Circle The following registered in OPPOSITION: Grant Alcaraz, 1014 Briarwood Point Wayne Shank, 925 Kings Landing Circle, Phone: 857-3351, presented petitions containing 736 in OPPOSITION. Said petitions are hereby made a part of the record. John W. Hayer, 3305 Glen Eden Quay, Phone: 463-9865, represented the Middle Plantation Civic League Everett Grass, 796 Bishopsgate Lane, Phone: 486-0615 Jack McNeill, 1018 Staceywood Court, Phone: 467-2451 Upon motion by Councilman Harrison, seconded by Council Lady McClanan, City Council DENIED the Ordinance upon application of LYNNHA~N UNITED METHODIST CHURCH for a Conditional Use Permit: ORDIN`4NCE UPON `4PPLICATION OF LYNNtL4FEN UNITED METHODIST CHURCH FOR ,4 CONDITION,4L USE PERMIT FOR TWO MONOPOLE COMMUNICATION TOWERS Ordinance upon application of Lynnhaven United Methodist Church for a Conditional Use Permit for two monopole communication towers on the south side of Little Neck Road, east of Red Oak Road. Said parcel is located at 1033 Little Neck Road and contains 3.44 acres. LYNNHAVEN BOROUGH. March 25, 1997 Item V-L.1. PUBLIC HEARING ITEM # 41941 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: 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 Absent: None March 25, 1997 - 49 - Item V-L.2. PUBLIC HEARING ITEM # 41942 PLANNING The following registered in SUPPORT of the application: Attorney Michael ,4. Inman, Esquire, 2840 S. Lynnhaven Rd., Phone: 486-7055 Reverend Peter Hogg, 3201 Edinburg Drive, Phone' 340-6459 Tom Sanderlin, 924 Kings Landing Cir, Phone: 486-5535 Det. Don Rimer, 1093 Country Mill Road, Phone: 481-2184 Honey Lowe, 613 West Kingston Lane, Phone' 481-9122 Teresa Stanley, 644 N Lynnhaven Road, Phone: 340-7231 Kathy Jeffries, 2609 Cove Point Place, Phone' 431-2169 Leo Simon, 3105 Quimby Road, Phone' 486-2107 Patrick Mahoney, 3929 Regal Court, Phone: 498-4296 Lorna Bornemeier, 613 West Kingston Lane, Phone' 498-8434 Daryl Holland, 400 Phtlbate Terrace, Phone: 486-2199 The following registered in OPPOSITION: Jan Bankowski, 3121 Edinburg Drive, Phone: 340-7392 Walt Bankowski, 3121 Edinburg Drive, Phone: 340-7392 Dottie Laverdiere, 3212 Edinburg Drive, Phone: 486-5720 Carol Jean Ogrodnik, 825 Sheraton Drive, Phone. 340-1444 Tammy Kuhn, 3128 Quimby Road, Phone. 463-0930 Barry Peay, 521 Holgate Crescent, Phone: 340-1084 Lee Bandy, 3115 Edinburg Drive, Phone' 340-7137 Mike ,4nderson, 521 Canterbury Road, Phone: 486-8811 Mike Darr, 3113 Quimby, Phone' 463-4666 Joan ,4nderson, 521 Cantebury Road, Phone' 486-8811 Ray Laverdiere, 3212 Edinburg Drive, Phone: 486-5720 John Delaney, 3208 Edinburg Drive, Phone: 340-6553 Mary Puryear Butler, 3300 Doncaster Road, Phone' 340-3300 Sandy Harrelson, 3120 Edinburg Drive., Phone: 463-7626 Tim Baka, 3213 W. Chelttngham Pl., Phone: 441-3137 ~4 motion was made by Councilman Harrison, seconded by Council Lady Strayhorn to ,4DOPT an Ordinance upon application of MOTHER SETON HOUSE, INC. for a Conditional Use Permit. ~4 SUBSTITUTE MOTION was made by Council Lady McClanan, seconded by Council Lady Henley to DENY an Ordinance upon application of MOTHER SETON HOUSE, INC. for a Conditional Use Permtt. March 25, 1997 Item V-L.2. PUBLIC HEARING ITEM # 41942 (Continued) PLANNING Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members I/'oting Aye: Harold Heischober, Barbara M. Henley, Louis R. Jones and Reba S. McClanan Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. Vice Mayor Sessoms disclosed he is an employee of Central Fidelity Bank of which the Seton House is a customer and would ABSTAIN; however, the Vice Mayor was absent ]'or the vote. March 25, 1997 - 51 - Item V-L.2. PUBLIC HEARING ITEM # 41942 (Continued) PLANNING Upon motion by Councilman Harrison, seocnded by Council Lady Strayhorn, City Council ADOPTED an Ordinance upon application of MOTHER SETON HOUSE, INC. for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF MOTHER SETON HOUSE, INC., T/.4 SETON HOUSE FOR A CONDITION.4L USE PERMIT FOR ,4 GROUP HOME R03972103 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mother Seton House, Inc., TM Seton House for a Condtional Use Permit for a group home on certin proeprty located at the southeast corner of north Lynnhaven Road and Edinburgh Drive. Said pacel contains 3.16 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: Prior to final site plan approval, the applicant shall work with Planning Department staff to define a building and parking footprint, acceptable to the Planning Director, that reduces the impact upon steep slopes and erodible soils adjacent to the lake, while providing for maximum feasible tree preservation in the northeastern corner of the site. Except for the clearing of a minimal site for the construction of the facili~_, the trees located in the area. which is 50 feet _from the existing curbs of both Edinburtth Drive and 16'nes Grant Road. shall b~ -- _ preserved and may be removed onl_v (f dead or diseased, 2. The group home shah be approximately 5,600 square feet in area, and shah accommodate a maximum of ten girls, 12 to 17 years of age, who shah be admitted only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit application on file with the Department of Planning. 3. Use of the facility shall consist of residential accommodations and counseling services for residents and family members. The design of the facility shah be substantially similar to the exhibit entitled "Seton House for Boys". Prior to final site plan approva~ more detailed renderings, including materials and colors, shah be submitted for approval by the Planning Director or his designee, to ensure that the facility will be residential in character and compatible with surrounding residential development. The residential facility to be known as Seton House for Girls shall be located as shown on the Site Plan submitted showine desienated setbacks. -- -- March 25, 1997 - 52 - Item V-L.2. PUBLIC HEARING PLANNING ITEM # 41942 (Continued) . Once admitted to the facility, residents shah be supervised at all times and shah be released only in accordance with the "Eligibility, Admissions and Release Policies and Procedures" submitted with the Conditional Use Permit apphcation and on file with the Department of Planning. 6. This group home is approved for girls ages 12 through 17. . A new split rail fence is to be installed and landscaping around the entire St. Atdan's property. Landscaping shah be completed on the site as shown on the Site Plan prtor to the tnitial occupancy of the_facility. CategorF I materials shah be used, except that Catego~_ II shah be used on the north side and south side of the facility. Mother Seton House, Inc., will attempt to establish a Community Advisory Board and invite participation by residents of the immediate neighborhood Seton House shah extend an invitation _for Board membership to a member of the Kings Grant community who shah be destgnated bp the Board of Directors of the Kings Grant Community Association. 9. Private transportation is to be provided to and from school 10. 11. 12. 13. St. Aidan's Episcopal Church, site owner, will complete exterior refurbtshment of the Church_facility, including new paint, prtor to application o_f paint and other exterior materials to Seton House so as to insure that such materials and colors shah be substantially the same. St. Aidan 's Church shah allow the parking of Seton House staff or visitor vehicles on the Church parking lot except on Sundays or religious holidays. A gravel sidewalk shah be installed between the parking lot and the housing_facility. Seton House will make requests in wrtting to the Principals of Princess Anne High School and Cox High School to allow Seton House residents to attend their schools on an annual rotating basis along with First Colontal High School Seton House will effect a clean-up of the lake area on the south side of the stte prior to occupancy. This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of March Nineteen Hundred and Ninety-Seven. March 25, 1997 Item V-L.2. PUBLIC HEARING ITEM # 41942 (Continued) PLANNING Voting: 7-3 Council Members Voting Aye: John A. Baum, Linwood O. Brancl~ III, William W. Harrison, Jr., HaroM Heischober, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley, Louis R~ Jones and Reba S. McClanan Council Members ~4bsent: Vice Mayor William D. Sessoms, Jr. Vice Mayor Sessoms disclosed he is an employee of Central Fidelity Bank of which the Seton House is a customer and would ABST~N; however, the Vice Mayor was absent for the vote. March 25, 1997 Item V-L.3. PUBLIC HEARING ITEM # 41943 PLANNING Attorney Susan Taylor Hanson, Post Office Box 21475, Portsmouth, Phone: 397-3481, represented the applicant. Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of PEP BOYS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PEP BOYS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR FACILITY R03972104 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pep Boys for a Conditional Use Permit for an automobile repair facility at the northwest corner of Virignia Beach Boulevard and Hutton Road. Said parcel is located at 2472 Virginia Beach Boulevard and contains 3.614 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: . The facility shall be constructed in substantial conformance with the architectural rendering entitled "Exterior Elevations, Pep Boys, Virginia Beach Boulevard and Hutton Road, Virginia Beach, Virginia, prepared by Robert J. lgnarri, AL4,, and stamped "Received Planning, November 22, 1996". Site development shall substantially conform to the preliminary site/landscape plan entitled "Preliminary of PEP Boys Auto Store, Lynnhaven Borough, Virginia Beach, Virginia", prepared by Basgier and Associates and on file with the Department of Planning. The applicant shall seek a Board of Zoning Appeals variance for the depicted six-foot high wall along the Hutton Road frontage. The masonry wall depicted on the referenced site plan along the Hutton Road frontage, and the masonry wall depicted running perpendicular to Hutton Road from the property line to the building setback line, shall not be required. The walls identified on the site plan by the note "6' wall", as well as the depicted dumpster enclosure and tire enclosure, shall be constructed of masonry block to match that used in the principal structure. 4. All service bays shall be fully enclosevL 5. Existing uses, to include the billboard, shall be removed from the site prior to commencement of construction. March 25, 1997 Item V-L.3. PUBLIC HEARING PLANNING ITEM # 41943 (Continued) 6. a. Ce Development shall be in full compliance with the conditions of approval of the CBPA Board variance granted July 22, 1996, as follows: The applicant shall meet with staff to refine the buffer compensation area, to include, but not limited to, removal of the roadway and site planting preparation, scope of plantings, mulched bed depths and separation from overhead phone lines. A retaining wall, if needed, shall be installed along the parking lot for that portion which encroaches below the top-of-bank. A doubling ore & S control devices shall be installed along the channelward portion of the project to include the tidal drainage ditch. A revised site plan shall be submitted to the Planning Department, Development Services Center, for a full plan of development review and approval prior to the issuance of a building permit. The applicant shall submit, for Planning Department review, the results of quarterly inspections of the Best Management Practice stormwater management facility, including stormceptor units, conducted by a qualified engineer licensed to do business in the State of Virginia. ShouM the system be found not to be functioning as designed, the automotive service use shall cease operation until the deficiency is correctecL 8. Any freestanding sign on the property shall be monument style. 10. 11. No service shall be performed on the parking lot by either an employee or a customer. The application shall further be subject to Site Plan Review for substantial compliance to the site/landscape plan entitled, "Preliminary of Pep Boys Auto Store, prepared by Basgier and Associates" on file in the Department of Planning. The applicant has volunteered to contribute One Thousand Dollars ($1,000) annually to the City of Virginia Beach toward stormwater management testing. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ --fifth o_f March Nineteen Hundred and Nine~_ -Seven. March 25, 1997 - 56 - Item V-L.3. PUBLIC HEARING ITEM # 41943 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 25, 1997 - 57 - Item V-L.4 PUBLIC HEARING ITEM # 41944 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of SARAH J. COREY a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SARAH J. COREY FOR A CONDITIONAL USE PERMIT FOR ,4 HOME OCCUPATION (REST HOME) R03972105 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI'IY OF VIRGINL4 BEACH, ~RGINL4 Ordinance upon application of Sarah J. Corey for a Conditional Use Permit for a home occupation (rest home) on the east side of Baker Road beginning at a point 140. 73 feet south of Lawson Hall Road. Said parcel is located at 1028 Baker Road and contains 14,850 square feet. tMYSIDE BOROUGH. The following conditions shall be required: This Conditional Use Permit is approved for the care of up to four (4) elderly persons; however, not more than three (3) shall be accommodated until such time as the applicant has obtained a State License for Adult Residence Care from the Virginia Department of Social Services. If the applicant desires to keep four residents, she must notify the Planning Director in writing and provide a copy of the State License. An automatic domestic fire alarm system, meeting the approval of the Virginia Beach Fire Marshall and the City Fire Protection Engineer, will be required for the safety of the residents. The house numbers on the front of the residence shall remain clearly visible and unobstructed at all times so that emergency personnel can quickly find the house, if needed. 4. Approval shall be for a period of two years. 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 March Nineteen Hundred and Nine~_ -Sevett. March 25, 1997 Item V-L.4 PUBLIC HEARING ITEM It 41944 (Continued) PLANNING BY CONSENT Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, 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 ~4bsent: None March 25, 1997 Item V-L.5 PUBLIC HEARING ITEM # 41945 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of CHURCH OF THE REDEEMER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CHURCH OF THE REDEEMER FOR A CONDITIONAL USE PERMIT FOR A CHURCH R03972106 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church of The Redeemer for a Conditional Use Permit for a church on property located on the south side of Seaboard Road, 1700 feet more or less east of Bernadotte Street. Said parcel contains 33.15 acres more or less. PRINCESS ANNE BOROUGH. The following conditions shah be required: This Conditional Use Permit is approved for the installation of the proposed ballfield, driveway and parking area as depicted in Phase I of the submitted site plan. No permanent structures shall be constructed on the property as a result of this approval. 2. The depicted driveway shall be realigned to use the northernmost of the two access points shown on the site plan. ,4 permanent entrance way, improved to city standards, shall be constructed at that access point. No other access to Seaboard Road shah be allowevL 3. Surfacing of the driveway and parking area for the ballfieM shah be as determined during site plan review. Portable restroom facilities shall be provided in conjunction with scheduled events on the site and shall be removed when not in use. No activities will be scheduled that wouM generate traffic during the time school buses are coming and going to Princess ,4nne Middle School. This Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance. ,4dopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -_fi_fth o_f March Hundred and Ninetv_ -Seven. March 25, 1997 Item V-L.$. PUBLIC HEARING ITEM # 41945 (Continued) PLANNING 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 March 25, 1997 - 61 - Item V-L.6 PUBLIC HBARING ITEM # 41946 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of ANTONIO T. £UNDY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ANTONIO T. LUNDY FOR A COND~IONAL USE PERMIT FOR A CHURCH R03972107 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF_,ACH, VIRGINIA Ordinance upon application of Antonio T. Lundy for a Conditional Use Permit for a church on the east side of Gammon Road, beginning at a point 235.9 feet north of Indian RtYer Road. Said parcel is located at 812 Gammon Road and contains 31,489 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: Based on the existing parking allocation of 15 spaces, the number of seats shall not exceed 75. Z The use permit is approved for a period of two (2) years. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beact~ Virginia, on the Twen~_ --_~fth o_f March Hundred and Ninety-Seven. ~ Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branct~ III, William gE. Harrison, Jr., HaroM 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 March 25, 1997 Item V-L.Z PUBLIC HEARING ITEM # 41947 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinances upon application of MILLER Oil. CO., INC. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON ,4PPLICATION OF MILLER OIL CO., INC. FOR ,4 CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 TO CONDITIONAL B-2 Z03971069 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Miller Oil Co., Inc. for a Change of Zoning District Classification from B-1 Neighborhood Business District to Conditional B-2 Community Business District on certain property located at the southwest intersection of London Bridge Road and Mirror Lake Drive. The proposed zoning classification change to Conditional B- 2 is for community business land use. The Comprehensive Plan recommends use of this parcel for retail service use in accordance with other plan policies. Said parcel contains 2.277 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: `4greement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. `4ND, ORDINANCE UPON APPLICATION OF MILLER OIL CO., INC. FOR `4 CONDITION`4L USE PERMIT FOR ~IN `4UTOMOBILE SERVICE ST,4TION AND ,4 ~tR W,4SH R03972108 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BE,iCH, VIRGINL4 Ordinance upon application of Miller Oil Co., Inc. for a Conditional Use Permit for an automobile service station and a car wash on certain property located at the southwest intersection of London Bridge Road and Mirror Lake Drive. Said parcel contains 2.277 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: . All delivery trucks and vans shall use the London Bridge Road entrance only. Delivery vehicles will not use the Mirror Lake Road entrance. Z All undeveloped areas of the property as shown on the proffered site plan shall be maintained as grass covered open space. The building and canopy to be constructed on the property shah be substantially similar in appearance to the rendering entitled "Millers Mart at Mirror Lake Drive and London Bridge Road, Virginia Beach, Virginia ~, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. March 25, 1997 PUBLIC HEARING ITEM # 41947 (Continued) PLANNING BY CONSENT These Ordinances shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beacl~ Virginia, on the Twenty-fifth o_f March Hundred and Nine~_ -Seven. 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis 1~ 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: Council Members Absent: ~'one March 25, 1997 ~ity o1" Virginia Z ldTER-OFF Z CE COi~RESPON~EIdCE In Reply Refer To Our File No. DF-437S DATE: March 6, 1997 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali ~'%~[ DEPT: City Attorney Conditional Zoning Application - Leemilt's Petroleum, Inc. and Miller Oil Co., Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 25, 1997. I have reviewed the subject proffer agreement, dated November 15, 1996, and have del~rmined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure 1ES. BOURDON Y~ AT LAW LEEMILT'S PETROLEUM, INC., a New York corporation and MILLER OIL CO., INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 15th day of November, 1996, by and between LEEMILT' S PETROLEUM. INC., a New York corporation, ~, party of the first part; MILLER OIL CO.. INC., a Virginia corporation, GRANTOR, party of the second part; and THE CITY QF .VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ~, party of the third part. _wII~ESSEI~: WHEREAS, party of the first part is the owner of a · certain parcel of property located in the Princess Anne Borough of the City of Virginia Beach, containing ~pproximately two and two hundred seventy-seven thousandths of an acre (2.277) and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the party of the second part, being the contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from B-1 Neighborhood Business District to B-2 Community Business District; and WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTORS acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the GRANTORS' proposed rezoning, certain reasonable conditions PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C. -- 1 -- BOU~IDON ~T L.~W governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the GRANTORS' rezoning application gives rise; and WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the GRANTORS, ~heir successors, persmnal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or ~]Aid pro ~ for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, their successors, personal representatives, assigns, Grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "MILLER MART AT LONDON BRIDGE AND MIRROR LAKE DRIVE", prepared by The Spectra Group, dated 6/24/96, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). - 2 - ~NE$. BOURDON ERN. P C IEY~ AT LAW 2. The exterior of the convenience store and the canopy for the gasoline pumps and freestanding sign depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "GAS-FOOD MART #58, MILLER OIL CO., London Bridge Rd at Mirror Lake Drive, Virginia Beach, Virginia", prepared by Verebely & Associates Architects, dated December 17, 1996, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation'). 3. The car wash depicted on the Site Plan shall have the same architectural design, and appearance as the convenience store and canopy depicted on the Elevation. 4. The primary building material used to construct · visible exterior surfaces of the convenience store and the car wash, as depicted on the Site Plan shall be'colonial red colored brick with the roofs of the convenience store, car wash and canopy to be covered with cedar shake shingles. 5. Other than signage which may contain 'trademark" colors all structures depicted on the Site Plan shall utilize earth tone color schemes consistent with the abundance of proffered landscaping and green space. 6. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light onto the premises and away from adjoining property. 7. No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store and an automated car wash. 8. The only uses which will be permitted ~n place of gasoline sales in conjunction with a convenience store and a car wash are: a) b) c) d) Business studios, offices and clinics; Financial institutions; Medical and dental offices; Public buildings and grounds. - 3 - S. BOURDON ~IPC 8 AT LAW 9. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Ail references hereinabove to B-1 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the GRANTORS and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment chan~es the zoning of the .Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTORS covenant and agree that: - 4 - ~PlNES. INEYS AT LAW (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be · appropriate; · (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTEE. - 5 - WITNESS the following signatures and seals: LEEMILT'S PETROLEUM, INC., a New York corporation · .z . . - MILLER OIL CO., INC., a Virginia corporation ( SEAL ) STATE OF NEW YORK.~,~__£~.N~q~ CITY/COUNTY OF , to wit: The foregoing instrument was acknowledged before me this ]~ d_ay of January, 1997, by .~Y~ ~ ~iL2 , Vice Presiden~~ of Leemilt' s Petroledm, I~C., -a~ New York corporation, on behalf of said corporation. Notary Public Not~ Pubhc. State ot N~ Y~ No. 4948,579 ' My Co~ission Expi res: Qualified In Suffolk ~unW /~ Cert,hed In Nassau ~un~ ~ / ~mm~on ~res Mar~ 20. 1 ~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument w~ Rc~now~dged before me, this~__~U~'~d~y of January, 1997, by /~/'~/;JJ~R-~-~y?[~ //~3'.~,~'~-/,~__ _. of Miller Oil Co., In~,'-~ 9irg~~ c~'rporation, ~ ~ehalf of said corporation. My Commission Expires: ti 6246i ES BOURDON IN, PC V8 AT LAW - 6 - I I . EXHIBIT 'A' ALL THAT lot, piece or parcel of land, and any improvements thereon, known, numbered and designated as #Parcel C-lA, 2.296 AC.' as shown on that certain plat entitled "Subdivision of Parcel C-1, Plat Showing Property to be Dedicated to Virginia Beach, Virginia, by WAFAT PROPERTIES, a North Carolina limited partnership, D.B. 2405, P. 1406, Scale: 1"= 40'", dated September 18, 1985, made by Stephen I. Boone & Associates, P.C., which plat is recorded is the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2451, at Page 1529. LESS AND EXCEPT that certain piece or parcel of land containing 805.645 square feet conveyed to the City of Virginia Beach for road widening purposes by Deed recorded in the afore referenced Clerk's Office in Deed Book 3081, at Page 2064. GPIN NO. 2405-03-9515 6246i ,dES BOURDON RN.P C .'YI AT LAW - 7 - Item ~-L.8. PUBLIC HEARING ITEM # 41948 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of BRIAN J. and STEFANY DOLMAT for a CQt~ditional Change of Zoning District Class(Scation: ORDINANCE UPON APPLICATION OF BRIAN J. AND STEFANY DOLMAT FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO CONDITIONAL 0-1 Z03971070 BE IT HE, BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Brian J. and Stefany Dolmat for a Change of Zoning District Classification from R-SD Residential Duplex District to Conditional 0-1 Office District at the southwest corner of Virignia Beach Boulevard and Thalia Road. The proposed zoning classification change to 0-1 is for office land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel is located at 221 Thalia Road and contains 16,800 square feet. KEMPSVILLE BOROUGH. The following condition shall be required: lw Agreement encompassing proffers shah be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shah 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~_ --.fffth Of March Hundred and Nine~_ -Seven. I/bting: 11-0 (By ConsenO ' Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis I~ 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 March 25, 1997 City o£ Vir¢inia Beach In Reply Refer To Our File No. DF-4341 DATE: March 6, 1997 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Mac, ali DEPT: City Attorney Conditional Zoning Application - Brian and Stefany Dolmat, et als The above-referenced conditional zoning appUcation is scheduled to be heard by the City Council on March 25, 1997. I have reviewed the subject proffer agreement, dated January 28, -1997, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WlVIM/ Enclosure THIS AGREEMENT, made this ~ oF~~~~~~sban ay , 1997 DOLMAT, by and between BRIAN J. DOLMAT and STE d and wife, contract purchaser of the below described property, EARL T. HAYDEN and AUDREY L. HAYDEN, the owners of the property designated as Parcel I on Exhibit A attached hereto, and EFFIE STILWELL KLYVER and WILLIAM O. STEVENS, the owners of the property designated as Parcel II on Exhibit A attached hereto (hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). W I T N E S S E T H: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition · addressed to the Grantee, so as to change the classification of the Grantors' property from R-5D (Residential) to O-1 (Office), on certain property which contains a total of 16,800 square feet, more or less, located in the Kempsville Borough of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the ~Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including · multi-family and office purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not PREPARED BY MAYS &VALENT]NE, L L P. 4425 Corporation lane, Suite 420 Virghua Beach, VA 2~162 generally applicable to land similarly zoned 0-1 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-1 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zonigg ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property if developed for a use permitted under the 0-1 zoning classification, and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their h~irs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be used solely for the following uses: (a) all office uses currently allowed by the Virginia Beach Zoning Ordinance; or (b) retail florist facility. 2. The Property shall be developed substantially as shown on the exhibi~ attached hereto entitled "Proposed Site Plan Dolmat Offic~ Building," dated October 30, 1996 which exhibit is exhibited to the City Council and is on file at the Virginia Beach Planning Department (hereinafter ~Site Plan"). 3. The principal structure to be located on the Property shall be constructed substantially as depicted in the rendering entitled "Chiropractic Clinic for Dr. Brian Dolmat" dated January 23, 1997, which rendering is exhibited to the City Council and is on file in the Virginia Beach Planning Department (hereinafter "Rendering"). 4. Any exterior lighting located along the southern or western boundaries of the Property shall be directed downward and toward the principal structure. 5. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Ail references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee .° The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting CARNES BOURDON AHERN, P C ~)RNEYS AT LAW WITNESS the following signatures and seals: LEEMILT'S PETROLEUM, INC., York corporation By: MILLER OIL CO., INC., a corporation a New Virginfa ( SEAL ) , to wit: , .°The foregoing instrument was acknowledged before me this J_qlTn d_ay of January, 1997, by .~yl~ ~ ~'L~(~ , Vice Presiden~ of Leemilt' s Petroledm, InC., -a~J New York corporation, on behalf of said corporation. · Notary Pu'bl ic CHRISTINE FITTER Notary Pubhc. State of New No. 4948579 ' My Commi ss ion Expi res: Ouahf,ed m Suffolk County Cert,fmd ,n Nassau County _%W / Commission Expires March 20, 1~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: . The foregoing instrument w~ Rc~now~dged before me this ~ .'d~y of January, 1997, by /~//L/J~~9';L/ , /~~~9~/7L~. of Miller Oil Co., In6,'-~ 9irgf~ c~rporation, ~ ~ehalf of said corporation. N6tar~ Public - ~ - My Commission Expires: ~~/~jS// ~000 6246i - 6 - EXHIBIT "A' ALL THAT lot, piece or parcel of land, and any improvements thereon, known, numbered and designated as "Parcel C-lA, 2.296 AC." as shown on that certain plat entitled "Subdivision of Parcel C-l, Plat Showing Property to be Dedicated to Virginia Beach, Virginia, by WAFAT PROPERTIES, a North Carolina limited partnership, D.B. 2405, P. 1406, Scale'. 1"= 40'# , dated September 18, 1985, made by Stephen I. Boone & Associates, P.C., which plat is recorded is the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2451, at Page 1529. LESS AND EXCEPT that certain piece or parcel of land containing 805.645 square feet conveyed to the City of Virginia Beach for road widening purposes by Deed recorded in the afore referenced Clerk's Office in Deed Book 3081, at Page 2064. GPIN NO. 2405-03-9515 6246i CARNES. BOUIRDON & AHERN. P C I'ORNEY~ AT LAW - 7 - proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. (PA~ES TO FOLLOW ARE SIGNATURE PAGES) THE UNDERSIGNED ACKNOWLEDGE THAT THEY HAVE READ THE FOREGOING AGREEMENT. WITNESS THE FOLLOWING SIGNATURES AND SEALS. IAN DOLMAT '~ (SEAL) (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BKACH, to-wit: The--foregoing instrument was acknowledged before me this~t'-- day of~.~~ 199~, by Brian J. Dolmat and Stefany Dolmat. My Commission Expires: THE UNDERSIGNED ACKNOWLEDGE THAT THEY HAVE READ THE FOREGOING AGREEMENT. WITNESS THE FOLLOWING SIGNATURES AND SEALS. (SEAL) AUDREY ~ HAYDEN STATE OF CITY OF _~/~,~,,~_~j,~/~/,____ to wit: The foregoing instr~ent was acknowledged before me this~~ day of~~F~y~ 199~ by Earl T. Hayden and Audrey I.. Hayden. THE UNDERSIGNED ACKNOWLEDGE THAT THEY HAVE READ THE FOREGOING AGREEMENT. WITNESS THE FOLLOWING SIGNATURE AND SEAL. STATE OF //~L41~-'~ _ C~TY OF ?~~,~A. ~?~'/,', to wit: The foregoing instrument was acknowledged before me this~~ day ofj~.~./~,~4~cn, 199~, by Effie Stilwell Klyver. My Commission Expires: THE UNDERSIGNED ACKNOWLEDGE THAT THEY HAVE READ THE FOREGOING AGREEMENT. WITNESS THE FOLLOWING SIGNATURE AND SEAL. WILLIAM O. STEVENS (SEAL) STATE OF ~_'~~ .~ ~ C I TY O F _f~_/.4~_&~ ~~~ ~ , t o wi t: The foregoing instr~ent was acknowledged before me this day of ~~~~ , 199~, by William O. Stevens. My Conunis. sion Expires: EXHIBIT A PARCEL I ALL those certain lots, pieces or parcels of land located in Virginia Beach, Virginia, with the improvements thereon, known, numbered and designated as Lots Twenty-five (25) and Twenty-six (26), in Block numbered Twenty-three (23), as shown on the southwest portion of "C. W. Deal Plat No. 2, near Jacksondale, Princess Anne County, Virginia", recorded with Deed in Deed Book 63, at page 424, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, reference to said plat is hereby made for a more particular description of said property. LESS AND EXCEPT that portion conveyed to the Commonwealth of Virginia in Deed Book 280, at page 202 for construction of Virginia Beach Blvd. PARCEL I I ALL thos~ two certain lots or parcels of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, designated on the "PROPERTY OF G. W. DEAL, near Jacksondale, Map #2", Princess Anne County, Virginia" of record in the Clerk's office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County) in Deed Book 63 at Page 424, as Lots Numbered Twenty-three (23) and Twenty-four (24) in Block 23. l0 - 65 - Item V-L.9. PUBLIC HEARING ITEM # 41949 PLANNING J. Gregory Dodd, 164 George Washington, Chesapeake, Phone: 487-4535, represented the applicant Howard R. Jean, 2421 Kerr Drive, Phone: 426-7359, registered in OPPOSITION. Upon motion by Council Lady McClanan, seconded by Council Lady Henley, City Council DEFERRED until the City Council Session of April 8, 1997, an Ordinance upon Application of RECARDO LEWIS, NEW DIRECTION DEVELOPMENT CO., L.L.C. for a Change of Zoning District Class(fcation: ORDINANCE UPON /tPPLICATION OF RECARDO LEWIX NEW DIRECTION DEFELOPMENT CO., L.L.C. FOR .4 CHANGE OF ZONING DISTRICT CIMSSIFIC.4TION FROM AG-1 & AG-2 TO R- 10 Ordinance upon application of Recardo Lewis, New Direction Development Co, L.L.C. for a Change of Zoning District Classification from ~4G-1 & AG-2 Agricultural District to R-lO Residential on certain property located on the north side of Painters Lane beginning at a point 300 feet more or less east of Townfield Lane. The proposed zoning classification change to R-10 is for single family residential land use on lots no less than 10,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 45 acres more or less. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John .4. Baum, Linwood O. Brancl~ III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: Vice Mayor William D. Sessoms, Jr. March 25, 1997 Item W-M.I. APPOINTMENTS ITEM # 41950 Upon NOMINATION by Councilman Jones, City Council: REAPPOINTED: Thomas Eugene Fraim Henry H. Richardson, III Thomas Hilary, Wilson, CPA APPOINTED: John Babb EROSION COMMISSION 4-Year Term 5/1/97 - 4/30/2001 Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, William W.. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 25, 1997 - 67 - Item V-M.2. APPOINTMENTS ITEM tt 41951 Upon NOMINATION by Councilman Jones, City Council REAPPOINTED: Howard John Collins Peregrin C. Francisco Vickie W. Humphries Maurice B. Jackson 3- Year Term 4/01/97 - 3/31/2000 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 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. Oberndo~ Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 25, 1997 Item ~-M.$. APPOINTMENTS ITEM # 41952 Upon NOMINATION by Councilman Jones, City Council REAPPOINTED: T. V. Irving (Police DepartmenO Carol Shrader (General Public) Dale S. Stahl (General Public) 3-Year Term 8/1/96 - 7/31/99 - (Made retroactive to August 1, 1996) TOWING ADVISORY BOARD Voting: 10-0 Council Members l/'oting Aye: John A. Baum, Linwood O. Branci~ III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker and Louisa M. Strayhorn Council Members l/'oting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr March 25, 1997 Item V-M.4. APPOINTMENTS ITEM # 41953 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: PENDLETON PROJECT MANAGEMENT BOARD PLANNING COUNCIL March 25, 1997 Item V-N.1. UNFINISHED BUSINESS ITEM # 41954 Upon motion by Council Lady Parker, seconded by Council Lady Parker, City Council RESCHEDULED CITY COUNCIL SESSION OF APRIL 22 TO APRIL 29, 1997 AT 2:00 PM Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K, Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr March 25, 1997 Item ADJOURNMENT ITEM # 41955 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 1:47 A.M., March 26, 1997. Beverly' O. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor March 25, 1997 Item I,'-0. ADJOURNMENT ITEM # 41955 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 1:47 A.M., March 26, 1997. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk City Clerk March 25, 1997