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AUGUST 25, 1998 MINUTESClTY COUNC~ City of Virginia -Icach "WORLD'S LARGEST RESORT CITY" MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILUAM D. SESSOMS, JR., At. Large LINWOOD O, BRANCH IlL District 6-Beach MARGARET L. EURE. District l-Centerville WILLIAM W. HARRISON, JR., District 5-Lynnbaven HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY. District 7-Princess Anne LOUIS R. JONES, District 4-Bayside REBA S. McCLANAN, District $.Rose Ilall NANCY K. PARKER. At-I~rge A.M. (DON) WEEKS, District 2-Kempsville JAMES K. SPORE. City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH. CMCIAAE, City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTttOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9tg15 PItONE: t757) 427-4303 FAX: (757) 426.5669 EMA[L: CTYCNC[~CITY.VIRGINIA- BEACII.VA.US August25,1998 I. PRESENTATION - Conference Room - 1:30 PM AD HUMAN RIGHTS COMMISSION ANNUAL REPORT Sylvia Stfickland-Primm, Chair II. CITY MANAGER'S BRIEFINGS WATER EMERGENCY ORDINANCE Clarence Warnstaff, Director of Public Utilities THIRD CROSSING AND SOUTHEASTERN PARKWAY/GREENBELT Dwight Farmer,'Chief Transportation Planner HRPDC Robert Matthias, Assistant to the City Manager Dale Castellow, Transportation Planner III. REVIEW OF AGENDA 1TEMS IV. CITY COUNCIL CONCERNS V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Captain James Palmer Chaplain - Fort Story 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 August 11, 1998 2. SPECIAL FORMAL SESSION August 18, 1998 G. AGENDA FOR FORMAL SESSION 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. H. PRESENTATION 1. KING NEPTUNE XXV - Joseph M. Gianascoli I. PUBLIC HEARING 1. AGRICULTURAL PRESERVATION PROGRAM (ARP) (District 7 - Princess Anne) J. ORDINANCES Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligations (DISTRICT 7 - PRINCESS ANNE). John A. Baum - 153.77 Acres - $221,548.00 Installment Purchase Agreement No. 1998-22 Ordinance to 'AMEND the City Code by ADDING a new section, Section 23-11.3 prohibiting any person from directing a laser beam from a pen, flashlight or similar device into the eyes of another person. Ordinance to ACCEPT and APPROPRIATE a $80,000 Grant from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 1998-1999 Operating Budget re supporting the operations of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2; and, increase the estimated revenue from the federal government accordingly. Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant from the Virginia Department of Criminal Justice Services (VDCJS); TRANSFER $25,000 from the General Fund Reserve for Contingencies for grant matches to the FY 1998-1999 Operating Budget of the Department of Social Services re operating the Youth Intervention Team on a year-round basis; and, increase the estimated revenue from the Commonwealth of Virginia accordingly. Ordinance to TRANSFER $44,900 from the FY 1998-1999 Operating Budget's General Fund Reserve for Contingencies to the City Council's FY 1998-1999 Operating Budget re extending lobbying contract with Vectre Corporation. Ordinance to authorize acquisition of a visibility easement to be conveyed to the City of Virginia Beach, Virginia, at the intersection of South Fir Avenue and Bonney Road (CIP 2-285.32) re improvement of traffic safety, either by agreement or condemnation. Ordinances re temporary encroachments: ao Into a portion of the City's right-of-way by GREAT NECK BAPTIST CHURCH to construct and maintain two (2) directional signs at the intersections of Great Neck Road/Old Donation Parkway and Inlynnview Road (DISTRICT 5 - LYNNHAVEN) Into a portion of the City's 20' drainage easement by ROBERT L. and JOYCE M. GUNTER to construct and maintain a wooden pier and stone rip rap at the rear of 5205 Executive Boulevard, Point of View (DISTRICT 2 - KEMPSVILLE) C° Into a portion of the City's variable width impoundment easement designated as "LAKE" by DR. RONALD E. MODLINGER to construct and maintain a floating 8' x 10' wooden dock at the rear of 2188 Bierce Drive, Red Mill Farm (DISTRICT 7 - PRINCESS ANNE) 8. License Refunds - $16,657.07 K. RESOLUTION Resolution to refer to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO) re Personal Watercraft (PWC) rentals. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. NO ACTION ITEM DEFERRED INDEFINITELY BY PLANNING COMMISSION - August 12, 1998 ao Applications of BECO BUILDING ASSOCIATES, a Virginia general partnership on the North side of Princess Anne Road beginning at a point 800 feet more or less West of Seaboard Road, containing 105.96 acres (DISTRICT 7 - PRINCESS ANNE): (1) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District (2) Conditional Use Permit for an Open Space Promotion Application of KURT and LAURIE NEITZKE for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all newly created lots must have direct access to a public street at 4400 Shore Drive (DISTRICT 4 - BAYSIDE). Recommendation: APPROVAL Application of EXXON CORP., for a Conditional Use Permit for a gasoline station in conjunction with a convenience store at the Southwest comer of Virginia Beach Boulevard and Rosemont Road (3673 Virginia Beach Boulevard), containing 36.154.8 square feet (DISTRICT 5 - LYNNHAVEN). Recommendation: APPROVAL Application of CHURCH OF GOD OF PROPHERCY for a Conditional Use Permit for a day care facility on the West side of Princess Anne Road, South of Baxter Road (4788 Princess Anne Road), containing 2 acres (DISTRICT 2 - KEMPSVILLE). Recommendation: APPROVAL Application of AZALEA GARDEN CHURCH OF GOD for a Conditional Use Permit for a church and school/day-care on the West side of Centerville Turnpike South of Jack Sears Road (1541 Centerville Turnpike), containing 8.92 acres more or less (DISTRICT 1 - CENTERVILLE). Recommendation: APPROVAL Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit for a church and related facilities on the East side of North Great Neck Road, North of Harbor Lane (1510 North Great Neck Road), containing 9.1 acres (DISTRICT 5 - LYNNHAVEN). Recommendation: APPROVAL o Applications of ELDER HEALTHCARE DEVELOPERS, L.L.C., at the Southwest intersection of Holland Road and South Independence Boulevard, containing 7.787 acres (DISTRICT 2 - .KEMPSVILLE): ao Change of Zoning District Classification fi.om B-2 Community Business District to O-1 Office District b. Conditional Use Permit for an assisted living facility Recommendations: APPROVAL Application of MeGINNIS REALTY & DEVELOPMENT COMPANY for a Conditional Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District on the East side of Holland Road beginning at a point 284.20 feet South of Saville Garden Way, containing 13 acres (DISTRICT 7 - PRINCESS ANNE). Recommendation: APPROVAL Application of CHICK'S BEACH I, LLC, for a Change of Zoning District Classification from B-1 Neighborhood Business District and R-5R Residential Resort District to R-2.5 Residential Townhouse District with a PD-H2 Planned Unit Development District Overlay on the West side of Pleasure House Road, North of Lee Avenue (2529 Pleasure House Road), containing .9671 acre (DISTRICT 4 - BAYSIDE). Recommendation: APPROVAL M. APPOINTMENTS DEVELOPMENT AUTHORITY PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 08/20/98BAP AGENDA\08-25-98.PLN www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 25, 1998 Vice Mayor William D. Sessoms, Jr. called to order an ADD-ON PRESENTATION re HURRICANE BONNIE in the Council Conference Room, City Hall Building, on August 25, 1998, at 1:30 P.M. Council Members Present: Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms and A. M. "Don" Weeks Council Members Absent: Mayor Meyera E. Oberndorf Linwood O. Branch, III Harold Heischober William W. Harrison, Jr. [ENTERED: 2:33 P.M. TESTS AT HOSPITAL] [ENTERED: 2:O0 P.M.] [TESTS BEING CONDUCTED AT HOSPITAL] [ENTERED: 1:40 12:10 P.M.] -2- CITY MANAGER'S PRESENTATION HURRICANE BONNIE 1:30 P.M. ITEM # 43946 March Marchbank, Fire Department, advised the National Weather Service stated the 11: O0 A.M. Forecast indicates Hurricane "Bonnie" will have 100 mile-an-hour winds through the community. Not much tidal flooding is expected, but certainly those types of winds through the community create a concern. The Emergency Operating conditions have been reviewed, and it is contemplated to have Normal, Modified and Essential Operations based on the conditions as they present themselves. The Emergency Management Office has requested City Council DECLARE A LOCAL STATE OF EMERGENCE The Emergency Operations Center, located in the Public Safety Building, will be open this evening and fully staffed to be functional at 6A.M. Wednesday. The City will open emergency shelters for residents at 6.'00 P.M. today. The City is recommending that residents and visitors in certain vulnerable areas and situations evacuate. These include the Sandbridge area, the Bay Front area (Shore Drive), people residing in mobile homes, visitors in campgrounds, those in the City's Ocean Front Resort area, and citizens who live in areas prone to tidal flooding. The Governor declared a STATE LEVEL OF EMERGENCY at 12:45 this afternoon. The City expects to come under Hurricane Warning within the next two hours. The City Manager advised the tidal surge is estimated at only 4 to 6feet; however, sustained winds of lO0 to 105 mph are predicted for perhaps 8 to 10 hours straight, which will possibly result in many tree and power line problems. The next briefing will be at 2:30 P.M. and City Council will be briefed again at the close of the Formal Session today. August 25, 1998 PRESENTATION HUMAN RIGHTS COMMISSION 1:35 P.M. ITEM # 4394 7 Sylvia Strickland-Primm, Chair- Human Rights Commission, recognized the Membership: COMMISSIONERS Sylvia Strickland-Primm Joshua F. Edwards, Sr. Beatriz Amberman Cheryl Avery-Hargrove C. Max Bartholomew, Jr. Reverend J. Scottie Griffin Paula E. Henao Ellis Hinnant- Will Betsy O. Karotkin Helen P. Shropshire Gene A. Woolard. CITY S UPPOR T Fagan D. Stackhouse and Staff Department of Human Resources Lt. Wray Boswell Police Department Liaison to the Commission Charles Miller Attorney for the Commission Commissioners Cheryl Avery-Hargrove and Ellis Hinnant- Will were in attendance. Through the utilization of slides, Ms. Strickland-Primm presented the Annual Report: COMMISSION DEMOGRAPHICS 7 Women, 4 Men Represent African-Americans Asian-Americans Hispanic-Americans Jewish-Americans 3 Original Members Average Length of Service is Approximately = 5 yrs. Approximate Volunteer Man-hours per Year = 1500 2 Attorneys, a Minister, a Retired Peace Corps Worker, a PHD Professor, a Retired Principal, 2 Executive Directors, a Public Affairs Officer, a Radio Station Manager and a Weapons Systems Analyst. OBJECTIVES To institute, conduct and engage in educational and informational programs for promotion of mutual understanding and respect among citizens and the fulfillment of human rights. To serve as a forum for discussion of human rights issues, to conduct studies and propose solutions for the improvement of human relations in the City. To provide assistance to persons who believe their rights have been violated by identifying the appropriate federal, state or local agency to address the complaint and referring such persons to that agency. August 25, 1998 PRESENTATION HUMAN RIGHTS COMMISSION ITEM # 43947 (Continued) The Human Resources Department and team of Commissioners organized and conducted a Strategic Planning Session on March 26, 1998, and May 13, 1998, to discuss future goals and activities. SPRING 1998 FOCUS RETREAT OBJECTIVE Become part o fa multicultural resource group. Develop network with business community, civic organizations and multicultural groups. Create a professional video about the Commission to improve name recognition and expand with Public Services announcement Develop a brochure for public Media Utilization Study hosting National Human Rights Convention Development of future dialogs and forums Partner with City Council, business, administration, regional organizations and commission Develop a budget for long term efforts RESPONSIBLE MEMBERS Gene Woolard, Cheryl Avery-Hargrove, Sylvia Strickland-Primm Gene Woolard, Cheryl Avery-Hargrove, Sylvia Strickland-Primm, Joshua Edwards Gene Woolard, Helen Shropshire, Sylvia Stickland-Primm, Joshua Edwards Betsy Karotkin, Helen Shropshire, Sylvia Strickland-Primm, Joshua Edwards, Ellis Hinnant-Will, Paula Henao Ellis Hinnant-Will, Joshua Edwards, Sylvia Strickland-Primm Gene Woolard, Helen Shropshire, Sylvia Strickland-Primm, Joshua Edwards, Ellis Hinnant-Will, Paula Henao, Scottie Griffin Gene Woolard, Helen Shropshire, Sylvia Strickland-Primm, Joshua Edwards, Cheryl Avery-Hargrove, Paula Henao, Scottie Griffin Sylvia Strickland-Primm Several members of the Commission attended Mediation Training in February 1998 conducted by Karen Asaro of the Department of Social Services. Through this training, Commissioners acquired skills of a trained mediator that will enable them to facilitate disputes between complainants and respondents in a good faith attempt to resolve their issues. A few commissioners are pursing state certification and have joined state and local mediation associations. Commissioners Ellis Hinnant-Will and Cheryl Avery-Hargrove attended training at VPI, August 4-6, 1997. The Commissioners believe the training was very valuable and would aid the Commission immensely. Once these skills are used in the community, the Commission will help engage citizens in discussing and framing issues. Beatriz Amberman also served on the Public Policies Steering Committee with Ellis. The Commission is often invited to attend various organizational meetings and events. Some councils and organizations have requested permanent membership, representing the Human Rights Commission and the following are representative: OSA T/RAIT Virginia Beach School Board Diversity Council Mayor's Council for the Disabled Host 2000 Ellis Hinnant- Will Paula Henao Paula Henao Sylvia Strickland-Primm HIGHLIGHTS YO UTH FOR UM: Commissioner Gene Woolard chaired the subcommittee for the co-sponsored Youth Forum with Tallwood High School. The Tallwood Students wanted to address the issue of "Stereotypes". The forum helped gain insight into some of the issues the youth of our City face. The HRC wishes to make this an annual event for different schools and subject matter. August 25, 1998 -5- PRESENTATION HUMAN RIGHTS COMMISSION ITEM # 4394 7 (Continued) NEPTUNE FESTIVAL PRINCESS SELECTION PROCESS: Due to inquiries to the HRC, a sub-committee, chaired by Helen Shropshire, was formed to explore ways to ensure all students were getting application information. HRC aided in getting applications to a broader base student candidate pool, ultimately leading to greater diversity in Princess representation. Beatriz Amberman, along with Helen Shropshire, participated in the selections for this year. COMMUNITY CONVERSATION WITH BOARDS AND COMMISSION: Commission members participated in Community Conversation with Boards and Commission held by City Council on October 21, 1997. Commission members indicated that this process was very beneficial and a worthwhile experience for the participants. REFUGEES AT CITY JAIL: Commission Beatriz Amberman or chaired a committee to investigate reports of mistreatment offederalprisoners at the City Jail. Sheriff Drew helped the Commissioners understand the situation and Gene Woolard and Josh Edwards visited the jail. SEA TACK COMMUNITY RE CREA TION CENTER DONA TION: HR C discovered some youths in the area were unable to pay the yearly fee for their new Rec Center. The Danny Duva Foundation was contacted and they provided a $1,500 check for the Virginia Beach Police Athletic League (PAL) to support membership for the Seatack youth at the Seatack Recreation Center. A check in the amount of $10, 000 was contributed and will be used for computers and any other needed equipment. The HRC hopes to encourage more corporate donations. DECEMBER FORUM AND AWARDS PROGRAM: After the first December Celebration of Human Rights Week, HRC decided to celebrate the wonderful contributions made by citizens to the City. This December will be the Sixth Annual Celebration and the HRC's Fifth year of awards. Last year, 18 awards were presented to individuals, agencies, organizations and businesses and spotlighted entertainment from various cultural backgrounds. MINORITY ROUND TABLE OF HAMPTON ROADS FORUMS: On March 2, 1998, Commission members attended a Minority Round Table Forum at Old Dominion University, entitled "Problems with English as a Second Language ". Commissioners were also invited back as a commission to share goals and explain the work of the HRC. The Minority Round Table also shared what they would like the HRC to accomplish. "ONE AMERICA IN THE 21sr CENTURY; PRESIDENT'S INITIATIVE ON RA CE": Members of the HR C attended this forum at Old Dominion University sponsored by WVEC-TK Commission members felt that while the dialogue was good, there were concerns the questions were pre-drafted and there was not enough time allowed for dialogue on the various issues. A letter has been forwarded to the President's Commission, but a reply has not been received. BOXING CLINIC- DANNY DUVA FOUNDATION: The Finance Subcommittee, chaired by Max Bartholemew, met on March 1 O, 1998, with Sergeant Palmer of the Police Athletic League (PAL) regarding the funds donated by Mr. Lou Dura to offset a boxing clinic and the desire of the Commission that PAL coordinate this effort. Mr. Duva has arranged for Everlast Corporation to provide boxing equipment/supplies valued at $9,865.89 August 25, 1998 -6- PRESENTATION HUMAN RIGHTS COMMISSION ITEM # 43947 (Continued) UNITY COMMISSION INVITA TION: Commissioners Beatriz Amberman and Sylvia Stickland-Primm, and Human Resources Director, Fagan Stackhouse, were invited to the Hampton Unity Commission to present Virginia Beach's Human Rights Commission's successes and operational information. The Unity Commission views HRC as a very diverse commission with goals and missions that mirror theirs. ISSUE FRAMING WORKSHOP: On November 17-18, 1997, the Commission sponsored an Issue Framing Workshop at the Virginia Beach Pavilion attended by various groups represented throughout the Hampton Roads area. DIVERSITY THROUGH ENTERTAINMENT: HRC was so impressed by the talent presented at the December Forum, Video Services was requested to "retape " the talent. The program is now airing as "Diversity Through Entertainment". The program is well worth watching, especially noting the talented youths. The HRC hopes to continue offering this type of cultural sharing. OCEAN FRONT: HRC continues to visit the Ocean Front all Summer. Written reports are sometimes forwarded to the City Manager, after heavily populated weekends. It should be noted that HRC was at the Ocean Front during all hours and on different days, but most visits are during weekend nights from l l :OO P. M. to 2:00A.M. Commissioners have been at the Ocean Front every Labor Day weekend, since 1992. There has been excellent rapport with the police officers and chaplains on duty and because of the amount of time spent at the Ocean Front, the HRC feels they can offer helpful insight. RAIT/OSA T/tlOST 2000: Elis Hinnant- Will serves as HRC representative on the RAIT and OSAT teams. The commitment to RAIT has been one of true dedication, requiring weekly meetings, during the first 18 months. Sylvia Stickland-Primm represents the Commission on Host 2000, a sub- committee of OSAT. WEB PAGE: Continuing with the outreach to the Community, HRC has enhanced the City's web page by adding "See More" to the Human Rights Commission portion. This site will continue to be improved, keeping this as current as possible and linking to other community and cultural sites, including the Virginia Association of Human Rights Commissioners. The HRC would like the City's support in creating a more interesting and useful page for the Boards and Commissions. VIRGINIA ASS OCIA TION 0 F HUMAN RIGHTS COMMISSIONERS: Virginia Beach has hosted the annual meeting of the Virginia Association of Human Rights Commissioners for the past three years. The Association loves coming to the Beach for the meeting and usually has visitors from all Hampton Roads cities. All of the members of HRC have found the membership to be very advantageous. Information is shared through meetings and by E-Mail, which keep HRC current on statewide events. The new Vice President of the Virginia Association is Mr. Fagan Stackhouse. The HRC had one formal meeting and on sub-committee working meeting to review the information compiled by the Human Resources Department relative Hate Graffiti. The HRC will meet again on September First and plans to finalize a list of recommendations. It is hoped to develop a model for other cities. The final DRAFT of the report: "Coming Together: Aftermath and Beyond" is hereby made apart of the record. August 25, 1998 -7- CITY MANAGER'S BRIEFINGS WA TER EMERGENCY ORDINANCE 1:50 P.M. ITEM # 43948 Clarence Warnstaff Director of Public Utilities, advised in February 1992, the City enacted a Water Emergency Ordinance to conserve the public water supply until the Lake Gaston Project was completed. The Water Emergency Ordinance included two parts. The first part involved water use restrictions applied to the existing customer base. Essentially, the ordinance prohibited the outdoor use of City Water for lawn watering, car washing and other non-essential purposes. The second part involved a Moratorium on extension of the City water distribution system. Because a consequence of the Ordinance was that some development would turn to groundwater in lieu of City water, the ordinance included provisions which required the developer to (1) demonstrate that an adequate interim supply of groundwater existed for the development and (2) construct the on-site water distribution system for use when the Lake Gaston project was operational. In November 1997, the City amended the Water Emergency Ordinance to eliminate the water use restrictions with respect to the existing customer base and to allow existing properties that had developed using groundwater to connect to the water system. The Lake Gaston project was completed in late 1997 and put into service on January 1, 1998. However, Norfolk had been delayed from initiating a number of raw water projects in Suffolk and was able to transmit and treat only 80% of Virginia Beach's share of the Lake Gaston project capacity. Virginia Beach could not be certain, at that time, that its water demand would not exceed the maximum capacity Norfolk could provide, pending the completion of the raw water projects in Suffolk. In order to limit potential water demand until the projects in Suffolk were farther along, the City did not eliminate the moratorium on extensions of the water system of new properties that developed after November 1997. Prior development, which had relied upon groundwater in the prior six years, were allowed to connect. Over a 6-year period, the City had authorized approximately 3, 000 lots in Virginia Beach to utilize groundwater. Of those 3, 000 lots, there were approximately 1300 homes which had been built. In addition, homes were allowed to be served by the City's Capital lmprovement Program when water services are extended to neighborhoods utilizing wells. Lots adjacent to water mains were allowed to connect. The total pumpage of water from the Lake Gaston project into the Norfolk water system through July 31, 1998, has been 4.0-BILLION gallons, or an average of 18.8-MILLION gallons per day. The maximum month was July at 34. 6-MILLlON gallons per day. Construction at the Moores Bridges Water Treatment Plant will be completed in 1998. At this time, the treatment plant is fully functional from a capacity standpoint and treatment plan capacity is no longer a limiting factor. The raw water transmission projects in Suffolk include three pipeline projects and a new Western Branch pump station. All pipeline work is scheduled for completion in the Spring of 1999. The Western Branch pump station is scheduled for completion in the Spring 2000. Until the Wester Branch pump station is completed, the capacity available to Virginia Beach is an annual average of 36 mgd. This is the same as presented in November of 1997; however, in the context of the availability of the Gaston project, the treatment plant completion and raw water transmission pipeline work are on track to be finished before next Summer, confidence in the 36 mgd capacity limit is much greater. In fact, the 36 mgd capacity limit is now viewed as a very conservative, lower limit as opposed to last Fall when it was considered an upper limit. The City's Fiscal Year 1998 annual average water demand was 32 mgd. In the Fall of 1997, fiscal year 1999 water demand was projected to be 34 mgd. However, that projection is likely to be high. Many private wells have been installed and customers have retained much of their conservation habits. Based upon water demand data collected from April 1998 through July 1998, fiscal year 1999 water demand will probably be about 33.5 mgd. As a result, it is unlikely that Virginia Beach's annual average demand will exceed 36 mgd before Norfolk completes all of its raw water transmission projects. In fact, for annual average water demand to reach 36 mgd in the next year, per capita water demand would have to increase by 5%, and another l O, O00 people (3,500 - 4,000 new housing units) would have to be added to the system. Three alternatives have been identified: (1) Take no action and leave the existing Water Emergency Ordinance in place. (2) Repeal the Ordinance in its entirety. Repeal the Ordinance in its entirely, but allocate the water supply so that a certain quantity is allocated for non- residential demand. August 25, 1998 -8- CITY M/INAGER'S BRIEFINGS WA TER EMERGENCY ORDINANCE ITEM # 43948 (Continued) The current split between residential water demand and non-residential water demand is 81% and 19%, respectively. One allocation proposed below wouM allow for a long-term split of 75% and 25%, respectively: PROPOSED WATER SUPPL Y ALLOCATION II Existing Demand I New Demand Total Demand Residential 25.9 mgd 8.9 mgd 33.9 mgd Non-Residential 6.1 mgd 5.0 mgd IL1 mgd II Total 32. 0 mgd 13. 0 mgd 45. 0 mgd The Water Task Force has reviewed and discussed the alternatives above and recommends Alternative 3. Mr. Warnstaff advised the 3,000 lots, which were allocated for groundwater and are now eligible for City Water, do not constitute a large amount of water. If all 3,000 lots came on to the system instantly, the increase in water demand would be approximately 6/10 of I-MILLION gailons per day. The equivalent of I-MILLION gallons per day would equate to 40, 000 residential units. Information shall be provided relative the properties already zoned and the water hook-ups which will be required. An Ordinance will be SCHEDULED for a City Council Session to REPEAL the Water Emergency Ordinance and allocate the water supply as depicted. The mandatory connection provision has not been in place and this will be recommended for reinstatement with the earliest effective date being January 2000. August 25, 1998 -9- CITY MANAGER'S BRIEFINGS THIRD CROSSING AND SOUTHEASTERN PARKWA Y/GREENBEL T 2:25 P.M. ITEM # 43949 The City Manager referenced correspondence of August 25, 1998,from Roberto Fonseca-Martinez, Division Administrator- U.S. Department of Transportation, Federal Highway Administration, to Mayor Meyera E. Oberndorf and Mayor William E. Ward. The Administration responded to Virginia Beach's and Chesapeake's request for an additional extension to the mutually agreed date for the FHWA to decide upon the viabi~ity ~f the S~utheastern Parkway and Greenbe~t as a future federal aid highway pr~ject. Although the development of the Southeastern Parkway and Greenbelt has had, until now, the highest priority and dedication of staff resources, the Federal Highway Administration will suspend indefinitely their activity to finalize the environmental impact statement required by the National Environmental Policy Act for this project on September First. Thus, federal-aid highway funds cannot be used for the design, right-of-way acquisition or construction of the proposed project. Their decision is necessary because they are doubtful of ultimately receiving the collaboration and cooperation of the City of Chesapeake required to implement the mitigation plan to adequately address the proposed project's wetland impacts. Said letter is hereby made a part of the record. Robert Matthias, Assistant to the City Manager, introduced Dwight Farmer, Chief Transportation Planner, Hampton Roads Planning District Commission, to discuss improvements on 1-64. Levels of congestion along 1-64 are currently serious and are expected to be considerably worse. Mr. Farmer distributed a DRAFT of a Preferred Alternative by the Consultant and Advisory Committee. The Major lnvestment Study of I-64 has been underway for approximately 1 year. The Preferred Alternative has several elements: Minimum of three lanes (unrestricted) in each direction, non HOg': James City Council and Williamsburg are worried about the visual impact of widening to 6 lanes. There is also concern an HOV lane will be recommended to be included in each direction as far west as Route 199, which is the Busch Gardens Exit. This would leave an 8-lane facility in place by the year 2015. A moderate level of rail service (meaning a 110 mph speed capability): This is considerably less costly than 125 mph. The Advisory Committee is recommending the capacity involved in the high speed rail concept be worked into the lower speed concept. This would mean upgrading and double tracking passenger freight service between Newport News and Richmond (the 1-95 Corridor). Mr. Farmer has examined the Hampton Roads Crossing data at the New Kent/James City County Line between Richmond and Hampton Roads. On a typical day, 50% of that traffic, has a trip into South Hampton Roads. 16°,,$ of the traffic at the Hampton Roads Bridge Tunnel has a trip into Virginia Beach. The only solution to all the projected congestion in 2015 would be four lanes unrestricted in both directions plus the HOV lane to eliminate all the projected congestion. The Locally Preferred Alternative (3 lanes plus 1 HO V in each direction) would entail a cost of approximately SI-BILLION for the 76-mile stretch between Peninsula and Richmond. The rail alternative would cost approximately $200-MILLION. The Metropolitan Planning Organization or the Executive Committee of the Hampton Roads Planning District will have to make a decision relative the Locally Preferred Alternative. Robert Matthias advised the staff has been trying repeatedly to have VDOT take a comprehensive approach, coordinate the MIS for the Third Crossing, the 1-64 and 460 improvements. VDOT is now reviewing same. Dale Castellow, Transportation Planner, discussed the TransAmerica Corridor Study and the Third Crossing. VDOT, the Federal Highway and the West Virginia Department of Transportation has undertaken a study to determine the feasibility of improvements along a 387-mile corridor extending from Beckley, West Virginia, to Virginia Beach. This study is a "spin-off" of a larger one legislated by Congress which reviewed a "Coast-to-Coast" Highway. The conclusions of that study were that with the existing lnterstate System, there was not really a need for another "Coast-to-Coast" highway; however, there were segments that needed further study. The particular segment from Beckley, West Virginia, to Virginia Beach was one of these. The segment extends on 1-64 from Beckley to U.S. 220from Clifton Forge to Roanoke and U.S. 460 to Bowers Hill. At Bowers Hill, it transitions back in with 1-64 in Chesapeake, at which point it would spin off and the southern route would be the Southeastern Parkway or connect to Route 44 to the Ocean Front. August 25, 1998 -10- CITY MANAGER'S BRIEFINGS THIRD CROSSING AND SOUTHEASTERN PARKWA Y/GREENBEL T ITEM # 43949 (Continued) As for purpose and need of the Corridor, the Consultant identified several points: Provide additional capacity to serve growing demand in this corridor. Improve geometrics and motorists' safety along the Corridor Enchance Hurricane-Storm Evacuation Route. Improve System Linkages along the Corridor with other Primary Routes and Major Arterials. Enhance Economic Development Opportunities in the Corridor. An Alternatives Analysis was recently prepared by the Consultant. This essentially defines the level and types of improvements needed in the Corridor. This Analysis focuses on three alternatives: Limited Access - Essentially freeway type improvements, one being a new location, which may not exactly follow in the footprint of existing U.S. 460 and the other routes to the West. (2) Local lmprovement- Focuses on US 460, and focuses on geometric, intersection and capacity improvements on the existing route. (3) No Build Alternative - Focus only on those improvements which are committed in VDOT'S 6-year plan. Once the Consultant has distributed the alternatives for local comment, they will embark on a screening process (Corridor Strategy Report). This information will be presented to the City and distributed to the MPO. VDOT has assured they will review the relationship between any improvements here with the improvements on 1-64. Mr. Matthias advised 50% of the cars on 1-64 at New Kent County have a south side destination or origin, either starting south of the James River or ending south of the James River. So, why not take 50% of those cars and place them on Route 460. The Port of Hampton Roads is handling 1- MILLION containers a year and within 10 to 15 years, the port will double the amount of containers. Many of these containers are going up Route 460, which will triple the amount of truck traffic. The west coast is receiving a lot of Pacific Rim traffic as they move to Pakistan and lndia for cheaper labor. Thus, Hampton Roads will probably become the pre-eminent container port on the East Coast and begin carrying as much traffic as the West Coast ports. Therefore, the ports are interested in a Third Crossing as they are interested in building a new container terminal at Craney Island. Mr. Castellow advised the 1-264 designation for Route 44 has been approved by the Federal Government. The Richmond Office has been supportive is recommending same. However, the City has not received a date when this official designation will be effective. Mr. Matthias advised the American Society of Highway Transportation Officials have to meet twice and approve the redesignation. They have a concern as Route 44 only has one lane coming offi-64 in either direction coming into Virginia Beach. They have advised this might be the reason they will not allow the redesignation to go forward. Mr. Castellow discussed the Third Crossing of Hampton Roads. The Environmental Impact Statement preparation for the Third Crossing has just commenced. PRIMARY OBJECTIVES OF THE MAJOR INVESTMENT STUDY Establish Purpose and Need 1994 Develop Specific Study Corridors 11 Corridors were investigated 1995-96 Selection of a locally Preferred Alterative by the MPO Ju~ 1997 CTB Endorsement of the MPO'S Locally Preferred Alternative September 1997 Initiate the NEPTA ElS Process AprU 1998 August 25, 1998 - I1- CITY MANAGER'S BRIEFINGS THIRD CROSSING AND SOUTHEASTERN PARKWA Y/GREENBEL T ITEM # 43949 (Continued) SELECTION CRITERIA Reduce volumes at Hampton Roads Bridge Tunnel by 10% or more. Address existing and future regional Origin and Destinations Connect to ports and major freight corridors Connect to controlled access freeways Relative cost - $ 2 I?2-BILLION Relative ease of implementation Transportation Corridor 9 was selected by the MPO as the Locally Preferred Alternative with an estimated $2.4-BILLION investment. CORRIDOR 9 Best met regional purpose and need based on findings of the MIS Reduces congestion at HRBT by total of 26% Directly connects ports and military Directly connects freight corridors Directly connects to existing freeways. Can be stage constructed in usable sections. Consistent with regional multimodal planning. WHY A CONNECTION TO CRANEY ISLAND AND VA 164 Contributes additional 2% reduction at HRBT New & improved access to Portsmouth Marine Terminal Connection to potential 4th Marine Terminal on Crane)/Island Improved access between Naval Base Norfolk and naval installations located in Portsmouth Provides a diversion point. Reduces projected 2015 traffic volumes on Hampton Boulevard and the Midtown Tunnel. The Environmental Impact Statement commenced April 1998. EIS must meet test of legal sufficiency for alternatives analysis. The MIS is not the NEPA document. The EIS alternatives include: No-Build Alternative; Candidate Build Alternative 1: within 1-64 corridor; and, LPA Candidate Build Alternative 9; within 1-664 corridor. ,4 signed DEIS is anticipated by the Summer of 1999. Public Hearings are scheduled for the same Summer with a signed FEIS by the Fall of 1999 and a Record of Decision by }Vinter 1999-2000. The study was a legislative act of the General Assembly which appropriated $6.2- MILLION, $5-MILLION of which went to the development of the MIS and the remaining will be utilized to start the Environmental Impact Statement. Mr. Matthias advised there are additional funds in ISTEA. August 25, 1998 - 12- CITY MANAGER'S BRIEFINGS THIRD CROSSING AND SO UTHEAS TERN PARKWA Y/GREENBEL T ITEM # 43949 (Continued) Mr. Matthias displayed a map depicting the route of the Southeastern Parkway/Greenbelt. The map in the newspaper accompanied by a series of articles was incorrect. Elbow Road at the present time is a two-lane road carrying approximately 15,000 -18,000 cars per day with a design capacity of approximately 6500. This is a major problem for Chesapeake. As part of the environmental process, the City stated they wouM physically do away with Elbow Road and utilize the existing footprint of Elbow Road to reduce the wetland impacts. The natural hydrology will be replaced. Therefore, the Parkway will be an environmental enhancement by replacing or restoring the natural hydrology. There will also be extensive bridging at the other creeks. Wetland takes have been reduced to approximately 150 acres and it is believed they will be further reduced. Approximately 2/3 of the wetlands are in Virginia Beach and 1/3 in Chesapeake. Mitigation will be accomplished by restoring 400 acres of wetlands back to their natural state and the remainder of the property (approximately 1600 acres) will be done in preservation. Just within the corridor of the Parkway, approximately 8,000 acres of land has been identified which could be placed into the mitigation package. The Final Draft of the Environmental Impact Statement was distributed in 1994. As these EI$'s have a three-year shelf life, this expired in September of last year. Since that time, the City has been working with the Federal Government and the City of Chesapeake with extensions. Chesapeake has been requested to adopt a Resolution to accept the alignment and approve the mitigation package in concept. POSITIVE IMPACTS ON THE CITY OF CHESAPEAKE OF THE SOUTHEASTERN PARKWA Y AND GREENBELT Relieve Chesapeake from the need to improve Elbow Road Create several hundred acres of prime commercial industrial property at the interchange of the Southeastern Parkway & Greenbelt and Centerville Road. Improve access from cental Virginia Beach to Greenbrier Mall and the Greenbrier area generally. Provide a growth control mechanism for the Elbow Road corridor. Of the 23 road segments analyzed in the ElS (Table 4-1 on page 4-4) 16 segments had improvements i.e. less traffic. This range from a low of .62% to a high of 27.21% improvements. The average improvements for these 16 links was 10.69%. Of the six links that showed deterioration, the average was 6.95%. The above analysis included a reduction in 17,000 cars per day on 1-64 between Battlefield Boulevard & Greenbrier, and 15, 700 off of Kempsville Road between Battlefield Boulevard and Butts Station Road. As part of these deliberations., Chesapeake is guaranteed to have six lanes on Oak Grove connector when the parkway is built, and also for the HOV lanes to be built at no cost to Chesapeake. This proposal is backed by the Hampton Roads Chamber of Commerce, Armada Hoffier, Inc., the management of Greenbrier Mall and the management of CBN. The Southeastern Parkway & Greenbelt is, and has been, a part of the Regional Transportation Plan and part of the fiscally constrained conforming pIan for air quality. The effectiveness of the regional transportation network is dependent on the capacity to be provided by the Southeastern Parkway & Greenbelt being in existence. It is the regional thing to do. System Efficiency -freeway moves large volumes safely - this feature attracts users from Elbow Road, Mount Pleasant, Military Highway, Kempsville Road, Centerville Turnpike, Lynnhaven Parkway and Dam Neck Road. Multimodal Opportunity- bike lanes, SO V, HO V and transit corridor Congestion Reduction - 36% in daily VHD, average speeds improve 12%from 33.2 to 37.2 mph, VHT reduced by 6%, savings in delay translates to $32-MILLlON per year. Safety Enhancement - 61%fewer fatalities per 100-MILLION VMTon a freeway vs arterial, 75%fewer fatalities than secondaries, 64% fewer accidents with injuries than arterials and 78%fewer accidents with injuries than secondaries. Travel Time Reduction 150% - 1-64. August 25, 1998 - 13- CITY MANAGER'S BRIEFINGS THIRD CROSSING AND SOUTHEASTERN PARKWA Y/GREENBEL T ITEM # 43949 (Continued) Facilitate Trips to Chesapeake Employment Centers Hurricane Evacuation Reduced CO loadings - 40 to 50 tons per day Environmental Enhancement - mitigation package will protect and preserve the Stumpy Lake and North Landing River watershed. Mr. Matthias advised total cost for the Southeastern Parkway and Greenbelt Financial Plan in Virginia Beach is $357,654,918, which includes mitigation, and an estimated cost for the enhancements for the aesthetic qualities. The added cost for the aesthetic additions could not be more than 10% of the total cost of the project (approximately $30-MILLION). VDOT ALLOCA TION CITY CAPITAL IMPROVEMENT PROGRAM NATIONAL HIGHWAY FUNDING $ 224,800,000 $ 57,854,918 $ 75,000,000* *The Federal Highway Administration has advised the federal aid highway funds cannot be used for the design, right-of-way acquisition or construction of the proposed project as they are doubtful of collaboration and cooperation of the City of Chesapeake which is required to implement the mitigation plan to adequately address the proposed project's wetland impacts. Mr. Matthias displayed a Financial Plan dividing the project into three phases: PHASE 1: Route 44 to Dam Neck Road Total Cost $132.8-MILLION PHASE II: Dam Neck Road to Princess Anne Road Total Cost $ 87.5-MILLION PHASE III: Princess Anne Road to Indian River Road Total Cost $104.3-MILLION August 25, 1998 - 14- AGENDA RE VIE W SESSION 3:55 P.M. ITEM # 43950 Councilman Branch referenced his discussion with representatives in Chesapeake. Chesapeake requests support by Virginia Beach for improvements to Route 168 and 17. Perhaps a resolution would assist in conveying that Virginia Beach understands their transportation plan. Councilman Branch requested the following Resolution be ADDED TO THE AGENDA: Resolution in support of improvements to Routes 17 and 168 requesting the Commonwealth Transportation Board expedite construction. Council Lady Parker inquired relative the laws concerning police pursuit. Mayor Oberndorf advised Virginia Beach has advised their support of these Routes. There was never a question that the City has always supported Chesapeake relative these routes. Robert Matthias advised Route 168 is a public-private partnership proposal and it a $114-MILLIONproject with tolls of approximately $3.00. Route 17 is fully funded in the 6-year Plan (from Route 104 Dominion Boulevard south to the North Carolina line). North of there is a project called Dominion Boulevard which is between $75-MILLION and $200-MILLION. It is twin bridges over the Intercoastal Waterway. Chesapeake is now discussing improving Rt. 17 north of Dominion Boulevard up through Deep Creek into the Interstate System. ITEM # 43951 J. 7. Ordinance re temporary encroachments: Into a portion of the City's right-of-way by GREATNECK BAPTIST CHURCH to construct and maintain two (2) directional signs at the intersections of Great Neck Road~Old Donation Parkway and Inlynnview Road (DISTRICT 5 L rNNHA VEN) Councilman Harrison advised he will be maldng a MOTION to Deny this Ordinance. ITEM # 43953 Ordinance to authorize the City Manager to declare a Local Emergency in threat of Hurricane "Bonnie". This Ordinance will be ADDED to the Agenda. ITEM # 43952 BY CONSENSUS, the following items shall compose the CONSENTAGENDA: ORDINANCES J. 1 Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligations (DISTRICT 7 - PRINCESS ANNE). a. JohnA. Baum - 153.77Acres - $221,548.00 Installment Purchase Agreement No. 1998-22 Ordinance to AMEND the City Code by ADDING a new section, Section 23-11.3 prohibiting any person from directing a laser beam from a pen, flashlight or similar device into the eyes of another person. August 25, 1998 - 15- AGENDA RE VIE W SESSION ITEM # 43952 (Continued) Ordinance to ACCEPT and APPROPRIATE a $80,000 Grant from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 1998-1999 Operating Budget re supporting the operations of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2; and, increase the estimated revenue from the federal government accordingly. Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant from the Virginia Department of Criminal Justice Services (VDCJS) ; TRANSFER $25, O00 from the General Fund Reserve for Contingencies for grant matches to the FY 1998-1999 Operating Budget of the Department of Social Services re operating the Youth Intervention Team on a year-round basis; and, increase the estimated revenue from the Commonwealth of Virginia accordingly. Ordinance to TRANSFER $44,900 from the FY1998-1999 Operating Budget's General Fund Reserve for Contingencies to the City Council 's FY 1998-1999 Operating Budget re extending lobbying contract with Vectre Corporation. J. 6. Ordinance to authorize acquisition of a visibility easement to be conveyed to the City of Virginia Beach, Virginia, at the intersection of South Fir Avenue and Bonney Road (CIP 2- 285.32) re improvement of traffic safety, either by agreement or condemnation. d. 7. Ordinances re temporary encroachments: bo Into a portion of the City 's 20' drainage easement by ROBERT L. and JOYCE M. GUNTER to construct and maintain a wooden pier and stone rip rap at the rear of 5205 Executive Boulevard, Point of View (DISTRICT 2 - KEMPSVILLE) Into a portion of the City's variable width impoundment easement designated as "LAKE" by DR. RONALD E. MODLINGER to construct and maintain a floating 8' x 10' wooden dock at the rear of 2188 Bierce Drive, Red Mill Farm (DISTRICT 7- PRINCESS ANNE) J. 8 License Refunds - $16,657.07 RESOLUTION K. 1 Resolution to refer to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO) re Personal Watercraft (P WC) rentals. Council Lady McClanan will vote a VERBAL NAY on J. 1. a. August 25, 1998 - 16- AGENDA RE VIE W SESSION ITEM # 43953 L. 3 Application of EXXON CORP.,for a Conditional Use Permit for a gasoline station in con[unction with a convenience store at the Southwest corner of Virginia Beach Boulevard and Rosemont Road (3673 Virginia Beach Boulevard), containing 36.154.8 square feet (DISTRICT 5 - L YNNHA VEN). Councilman Harrison has requested the applicant to bring a photograph of the proposed application. Council Lady Eure referenced the beautiful station in Chesapeake and totally disagreed with this design and requested the application be REFERRED BACK TO THE PLANNING COMMISSION. This application will be discussed during the Formal Session ITEM # 43954 L. 7 Applications of ELDER HEALTHCARE DEVELOPERS, L.L.C., at the Southwest intersection of Holland Road and South Independence Boulevard, containing 7. 787 acres (DISTRICT2 - KEMPSVILLE) : a. Change qf Zoning District Classification from B-2 Communi~ Business District to 0-1 Office District b. Conditional Use Permit for assisted living The City Manager advised Council Lady Parker a signal light is not proposed for this location on Independence Boulevard. ITEM # 43955 L. 8 Application of McGINNIS REALTY & DEVELOPMENT COMPANY for a Conditional Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District on the East side of Holland Road beginning at a point 284.20feet South of Saville Garden Way, containing 13 acres (DISTRICT 7 - PRINCESS ANNE). Vice Mayor Sessoms advised this item must be discussed during FORMAL SESSION relative an issue of access from an adjoining parcel of property. Attorney Edward Bourdon will speak relative this item. ITEM # 43956 L.9 Application of CHICK'S BEACH I, LLC, for a Change of Zoning District Classification from B-1 Neighborhood Business District and R-5R Residential Resort District to R-2.5 Residential Townhouse District with a PD-H2 Planned Unit Development District Overlay on the West side of Pleasure House Road, North of Lee Avenue (2529 Pleasure House Road), containing .9671 acre (DISTRICT 4 - BA YSIDE), subject to: Councilman Jones expressed concern relative the side on the property line back up to the single family residential There is no indication of a fence. This will be discussed during the FORMAL SESSION. ITEM # 43957 B Y CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L.2. Application of KURTand LA URIE NEITZKE for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all newly created lots must have direct access to a public street at 4400 Shore Drive (DISTRICT 4 - BA YSIDE). August 25, 1998 -17- ~4 GEND~4 RE VIE W SESSION ITEM # 43957 (Continued) L. 4 Application of CHURCH OF GOD OF PROPHERCY for a Conditional Use Permit for a daf care facili~ on the West side of Princess Anne Road, South of Baxter Road (4788 Princess Anne Road), containing 2 acres (DISTRICT 2 - KEMPSVILLE). L. 5 Application of AZALEA GARDEN CHURCH OF GOD for a Conditional Use Permit for a church and school~day-care on the West side of Centerville Turnpike South of Jack Sears Road (1541 Centerville Turnpike), containing 8.92 acres more or less (DISTRICT 1 - CENTER VILLE). L. 6. Application ofSPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit for a church and related facilities on the East side of North Great Neck Road, North of Harbor Lane (1510 North Great Neck Road), containing 9.1 acres (DISTRICT Applications of ELDER HEALTHCARE DEVELOPERS, L.L.C., at the Southwest intersection of Holland Road and South Independence Boulevard, containing 7. 787 acres (DISTRICT2 - KEMPSVILLE) : a, Change of Zoning District Classification from B-2 Community Business District to 0-1 Office District b. Conditional Use Permit for an assisted living facili~_ August 25, 1998 -18- CITY COUNCIL CONCERNS 4:03 P.M. ITEM # 43959 Mayor Oberndorf advised the City Manager of Bangor, Northern Ireland and Mayor Joe Riley of Charleston, South Carolina, had called expressing concern and offering support relative Hurricane Bonnie. Mayor Oberndorf advised one of the major television stations (Today Show) is coming to Virginia Beach. ITEM # 43960 Council Lady Henley referenced the TRT meeting. There was one direct issue which would affect Virginia Beach relative route changes. A memorandum has been forwarded to Members of City Council Councilman Weeks advised a Public Hearing is scheduled for Thursday, August 27, 1998, in Norfolk. A Public Hearing has been hem on this particular route change previously at the ODU/NSU Graduate Center on Virginia Beach Boulevard. There was only one person in attendance. However, correspondence has been received relative this issue. ITEM # 43961 Vice Mayor Sessoms advised he wished to ADD under NEW B USINESS, an item to extend the termination date of the Resort Area Advisory Commission as an appointive commission from August 31, 1998, to September 30, 1998. This will allow the staff additional time to review proposed revisions to the Commission 's purpose, charge, composition and organization. ITEM # 43962 The City Attorney referenced an Amendment to the Minutes of the City Council Session of August 18, 1998. Option "H" (addition of Sunday hours at 5 sites)for the Ordinance authorizing the issuance of General Obligation Bonds of the City for the purpose of financing, subject to the approval of qualified voters in the November 1998 election: Modernization, renovation and/or construction of Public Library projects in the maximum amount of $15,~,~1,501, $15,960,000. which will require an increase in the City's real estate tax rate of no more than 1. 7 cents per $100 of assessed value. The City Attorney advised bonds must be issued in $5,000 increments and thus the amount must be rounded to $15,960,000. Mayor Oberndorf referenced conversation with a citizen opposed to the Referendum. A member of the General Assembly had advised him that real estate assessments were not to be performed each year only every five years. The City Attorney advised he will provide the citizens information relative the State Code Sections concerning assessments. ITEM # 43963 Councilman Harrison referenced the Western Branch Dredging Project coming out to bid this September. Councilman Harrison has received calls from residents in neighborhoods with private dredging add-ons for the same contractor believe they are having problems from receiving 100%participation with the neighbors to contribute for private channel dredging. They do not want to lose the opportunity to have a private channel dredged, but do not feel it is fair that 88% of the neighborhood is contributing so that 12% receives a "free ride". Councilman Harrison advised the residents are interested if their circumstances compare to the special tax district imposed in Sandbridge. The City Attorney will met with George Tzavaras - Public Works. A "key" ingredient is whether the City owns this inlet. If it privately owned, this cannot be done. Councilman Jones has also had concerns expressed to him. August 25, 1998 - 19- CITY COUNCIL CONCERNS ITEM # 43964 Mayor Oberndorf advised Councilman Heischober was the center of attention at the Community Relations Reception at Fort Story. Councilman Heischober was the Battery Commander at that time. He supervised thirty-six (36) German Prisoners of War for the construction of the Fort Story Club. A portion of the concrete foundation, bearing the date and the German POWs' initials, was uncovered and lighted for viewing during the reception Sunday, August 23, 1998. This was very impressive. Councilman Heischober was very excited. August 25, 1998 - 20- ITEM # 45965 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINI,,I BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 25, 1998, at 4: ! 6 P.M.. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: Harold Heischober August 25, 1998 - 21 - ITEM # 43966 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Development Authority Parks and Recreation Commission Public Library Board Southeastern Hampton Roads Disability Services Board Wetlands Board City Attorney's Office: Personnel Issue 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 - Rose Hall District LEGAL MA TTERS: 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). Contractual Negotiation - Spofrtspex M & G v. City of Virginia Beach City of Virginia Beach v. Yacht Sales and Virginia Beach Fishing Center Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, EXECUTIVE SESSION. Voting: 10-0 City Council voted to proceed into Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 - 22 - FORMAL SESSION VIRGINIA B EA CH CITY CO UNCIL August 25, 1998 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 25, 1998, at 6.'00 P.M. Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorjS, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: Harold Heischober [TESTS BEING CONDUCTED AT HOSPITAL] INVOCATION: Captain James Palmer Chaplain - Fort Story PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATE, V OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1998, is hereby made apart of the record. August 25, 1998 - 23 - Item VI-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 43967 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 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 # 43966, Page 21, 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, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. RaSh Hodges Smith, CMC/AAE City Clerk August 25, 1998 - 24 - Item VI-F.I.a, MINUTES ITEM # 43968 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 11, 1998. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. $essoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 - 25 - Item VI-F. 1. b, MINUTES ITEM # 43969 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED, AS AMENDED, the Minutes of the SPECIAL FORMAL SESSION of August 18, 1998. Option "H" (addition of Sunday hours at 5 sites)for the Ordinance authorizing the issuance of General Obligation Bonds of the City for the purpose of financing, subject to the approval of qualified voters in the November 1998 election: Modernization, renovation and/or construction of Public Library projects in the maximum amount of $15,~51,5~I, $15,960,000. which will require an increase in the City's real estate tax rate of no more than 1. 7 cents per $100 of assessed value. The City Attorney advised bonds must be issued in $5,000 increments and thus the amount must be rounded to $15,960,000. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 1 2 3 4 5 6 7 8 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $15,960,000 FOR THE PURPOSE OF FINANCING THE MODERNIZATION, RENOVATION, RECONSTRUCTION AND/OR CONSTRUCTION OF PUBLIC LIBRARY FACILITIES, SUBJECT TO APPROVAL OF THE QUALIFIED VOTERS 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to modernize, renovate and reconstruct existing public library facilities, as well as construct new library facilities, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth and development of the City, and to finance the costs thereof, along with funds from other sources, through the borrowing of $15,960,000 and issuing the City's general obligation bonds therefor. 2. Pursuant to the Charter of the City of Virginia Beach and the Public Finance Act of 1991, there are hereby authorized to be issued general obligation bonds of the City in the maximum amount of $15,960,000 to provide funds, together with other funds that may be available, for library projects for project activities that include, but are not limited to the following: preliminary studies, preliminary surveys, permit compliance, environmental assessment, planning, utility relocation, design, engineering, site modernization, construction, acquisition, renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies. 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 3. The bonds may be issued as a separate issue or a series of issues, or combined with bonds authorized for other purposes, and sold as part of a combined issue of public improvement bonds. 4. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner, and be sold at such time or times and in such manner as the hereafter provide by appropriate resolution or Council may resolutions. 5. The bonds shall be general obligations of the City for the payment of principal, premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 6. The City Clerk is hereby directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the bonds. 7. The bonds shall not be issued until approved by a majority of the qualified voters of the City voting on the question of their issuance at an election to be held in the City. 8. The City Attorney is hereby authorized and directed to file a certified copy of this ordinance, along with an appropriate petition and order, with the Circuit Court of the City of Virginia Beach, Virginia, which is hereby requested to order an election, pursuant to §§ 15.2-2610 and 2611 of the Code of Virginia (1950), as amended, to be held on November 3, 1998, to submit to the qualified voters of the City the question of the issuance of the bonds provided for herein. 61 9. The Circuit Court of the City of Virginia Beach, 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 Virginia, is hereby requested to pose the question on the ballot as follows: Shall the City of Virginia Beach contract debt for the purpose of financing the modernization, renovation, reconstruction and/or construction of public library facilities throughout the City by issuing the City's general obligation bonds in the maximum amount of $15,960,000, which debt, when combined with the cost of materials, new services and extended hours of operation, is anticipated to require an increase in the City's real estate tax rate of no more than 1.7 cents per $100 of assessed value? Yes No 10. This ordinance shall be in full force and effect from its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of August, 1998. Requires eight affirmative votes for adoption. CA-7112 ORDIN\NONCODE\LIBBOND.ORD R-5 August 18, 1998 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Department of Law - 26- Item VI-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43970 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The following items shall be ADDED to the Agenda: Extend RAAC as an appointive commission, from 8/01/98 to 9/30/98, Ordinance to authorize the City Manager to declare a Local Emergency in threat of Hurricane "Bonnie". Resolution in support of improvements to Routes 17 and 168 requesting the Commonwealth Transportation Board expedite construction. August 25, 1998 -27- Item VI-H. 1. PRESENTATION ITEM ii 43971 Mayor Oberndorf PRESENTED a PROCLAMATION to: KING NEPTUNE XXI/ Joseph M. Gianascoli Proclamation recognized September as Neptune Festival Month. The Neptune Festival is celebrating its Twenty-Fifth Anniversary this year and is the highlight of our Fall season in Virginia Beach. Over the last twenty-five years, the Neptune Festival has grown from an attendance of 30, O00 to 50,000 in 1974 to more than one million in 1997. Nancy Creech, Director - Beach Events, introduced the Chairman of the Board of the Neptune Festival, Dan Ryan. Mr. Ryan presented the Royal Court: TRITONS Willie Casanova John Malbon Don Patterson Elliot Shaubach Dave Bernd and Tom Naughton were unable to be in attendance PRINCESSES Jennifer James Audra Little Lauren Polino Joy Scott Chi-Pei Tseng Mary Grace Davis Stefanie Wong Mementoes were presented to the Mayor and Members of City Council. August 25, 1998 Whereas: Whereas: Whereas: Wh e ~"e as : Whereas: The Heptune qestival is celebrating its twenty-fifth anniversary this year, and The Heptune ~Festival is the highlight of ourfallseason in Virginia $each and it always offers something for everyone -from a Sug~ug Classic to a Volleyball Tournament to the always popular Sandsculptiug Championship; and Gor twenty-five years, the Heptune ~Festival has made significant contributions to the quality of life in Virginia $each; and Over the last twenty-five years, we have seen the Heptune q~estival grow from attendance of 30, O00 to 50,000 in 1974 to more than one million in 1997; and The Heptune q~estival contributes to the quality of life in Hampton Roads throughout the year by supporting many different events and organizations. The Heptune yestival also provides a venue whereby many charitable organizations have the opportunity to raise funds; and Our citizens have proven over and over again their desire to support our community through their volunteer efforts. The Heptune q~estival is a wondegcul example of many hundreds of volunteers coming together to make a project succesocu£ Whereas: The Oty of Virginia $each wishes to pay special recognition to the Heptune q~estival$oardof (Directors who have worked diligently over the last twenty-five years to make the Heptune ~Festival the great success it is today. How, Therefore, I, Meyera B. Obemdorf, Mayor of the Oty of Virginia ~each, Virginia, do hereby Proclaim How and q~orevermore: September Heptune q~estival Month In Virginia ~each, calling upon all residents to recognize this very important festival and the impact it has on our city and the Hampton Roads region and to enjoy the celebration. In Witness Whereof, I have hereunto set my handandcaused the Official Sealof the City of Virginia ~each, Virginia, to be affixedthis Tenth day of August, Hineteen 91undredandHinety- Bight. Meyera B. ObemdoOc Mayor - 28 - Item VI-H. PUBLIC HEARING ITEM # 439 72 Mayor Oberndorf DECLARED A PUBLIC HEARING: A GRICUL TURAL PRESER VA TION PROGRAM (ARP) (District 7- Princess Anne) There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. August 25, 1998 - 29- Item Vid. ORDINANCES ITEM # ~3972 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances 1,2, 3, 4, 5, 6, 7b/c and 8. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober Council Lady McClanan voted a VERBAL NAY on Item J. 1. August 25, 1998 - 30- Item VI-J. 1. ORDINANCES ITEM # 439 73 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP) and the issuance by the City of its contract obligations (DISTRICT 7 - PRINCESS ANNE). John A. Baum - 153.77Acres - $221,548.00 Installment Purchase Agreement No. 1998-22. Voting: 9-1 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, }Villiam ~ Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor }Villiam D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan* Council Members Absent: HaroM Heischober * Verbal Nay August 25, 1998 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $221,548 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council for approval an Installment Purchase Agreement for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement, a true copy of which is hereto affixed) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $221,548; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.75% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.50% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement in the form and substance presented at this meeting and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as presented at this meeting with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 60 61 62 63 64 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 65 66 67 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25 day of Au§ust , 19 98. Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 72 73 CA-98-7100 arp\working\baum\acquis.orn R-1 July 24, 1998 74 75 76 77 APPROVED AS TO CONTENT: ~g~iculture Department APPROVED AS TO LEGAL SUFFICIENCY: Law Department 78 79 8O CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance ~ 3 JOHN A. BAUM, the "Seller" and CITY OF VIRGINIA BEACH, VIRGINIA the "City" INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1998-22) Section Paee TABLE OF CONTENTS (This Table of Contents is not part of the Installment Purchase Agreement and is only for convenience of reference) Section Page RECITALS ........................................................... 1 AGREEMENTS ........................................................ 1 ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions ............................................. 1 SECTION 1.2 Rules of Construction .................................... 4 ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to Sell and Purchase Development Rights ........... 4 SECTION 2.2 Delivery of Deed of Easement .............................. 4 ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payment of Purchase Price ................................. 4 SECTION 3.2 Registration and Transfer of this Agreement ................... 5 SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement ............... 6 ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the City .................... 7 SECTION 4.2 Representations and Warranties of the Seller .................. 7 ii Section Page ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 SECTION 5.2 Intent of City and Tax Covenant of City ....................... 8 Acknowledgment of Seller with Regard to Tax Consequences of Transaction .............................. 8 ARTICLE 6 THE REGISTRAR SECTION 6.1 SECTION 6.2 SECTION 6.3 SECTION 6.4 SECTION 6.5 Appointment of Registrar .................................. 9 Ownership of Agreement .................................. 9 Removal of Registrar and Appointment of Successor Registrar ...................................... 9 Qualifications of Successor Registrar ......................... 9 Successor by Merger or Consolidation ........................ 9 ARTICLE 7 MISCELLANEOUS SECTION 7.1 SECTION 7.2 SECTION 7.3 SECTION 7.4 SECTION 7.5 SECTION 7.6 SECTION 7.7 SECTION 7.8 SECTION 7.9 SECTION 7.10 SuCcessors of City ...................................... 10 Parties in Interest ....................................... 10 Binding Effect ......................................... 10 Severability ............................................ 10 Prior Agreements Cancelled; No Merger ..................... 10 Amendments, Changes and Modifications .................... 11 No Personal Liability of City Officials ....................... 11 Governing Law ......................................... 11 Notices ............................................... 11 Holidays .............................................. 12 Signatures and Seals ..................................................... 12 EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - EXHIBIT E - Form of Deed of Easement Description of Land Permitted Encumbrances Form of Assignment Transfer of Agreement - Schedule of Transferees 111 INSTALLMENT PURCHASE AGREEMENT (Agreement No. 1998-22) THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as of the __ day of ., 199_ between JOHN A. BAUM (the "Seller") and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City"). RECITALS A. Pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City. B. In furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of Development Rights (hereinafter defined in Section 1.1) through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance. C. The Seller is the owner in fee simple of Land (hereinafter defined in Section 1.1) which is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance. D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's Development Rights in the Land on and subject to the terms and conditions hereinafter set forth. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby agree as follows: ARTICLE 1 DEFINITIONS SECTION 1.1 Definitions. As used in this Agreement, the following terms have the following meanings, unless the context clearly indicates a different meaning: "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultm'al, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the Virginia Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the Virginia Beach City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. "Business Day" or "business day" means a day on which (a) banks located in the City and in the city in which the principal office of the Registrar is located are not required or authorized by law or executive order to close for business, and (b) The New York Stock Exchange is not closed. "City" means the City of Virginia Beach, Virginia, a body politic and corporate and a political subdivision created and existing under and by virtue of the Constitution and laws of the State, its successors and assigns. "City Council" means the Council of the City. "City Manager" means the City Manager of the City. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to the Code herein shall be deemed to include the United States Treasury Regulations in effect or proposed from time to time with respect thereto. "Deed of Easement" means the Deed of Easement of even date herewith from the Seller to the City, which shall convey the Development Rights to the City in perpetuity. The Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made a part hereof. "Development Rights" mean the rights of the Seller in the Land to develop the Land for any use other than an Agricultural Use. Development Rights shall include, but not be limited to, the right to develop the Land for any commercial, industrial or residential use except as expressly permitted by the Ordinance. "Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17 of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance. 2 "Estate Settlement Transfer" means the transfer by the legal representative of the estate of a deceased Seller of such Seller's rights in and to this Agreement in connection with the distribution of the deceased Seller's estate or other settlement of such decedent Seller's estate. "Interest Payment Date" means June 1 and December 1 in each year, commencing , 199 . "Land" means the tract or tracts of land located in Virginia Beach, Virginia, containing approximately acres, and more particularly described in Exhibit B attached hereto and made a part hereof. "Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended or modified from time to time. "Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached hereto and made a part hereof and any encumbrances on or with respect to the Land or any portion thereof hereafter approved, in writing, by the City. "Person" or "person" means any natural person, firm, association, corporation, company, trust, partnership, public body or other entity. "Purchase Price" means $221,548, the purchase price to be paid by the City to the Registered Owner in accordance with this Agreement. "Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the calendar month immediately preceding each Interest Payment Date and the principal payment date. "Registered Owner" means the registered owner of this Agreement as shown on the registration books maintained by the Registrar. "Registrar" means First Union National Bank of Virginia or any other person hereafter appointed by the City to act as Registrar and paying agent for this Agreement. "Seller" means John A. Baum. "State" means the Commonwealth of Virginia. SECTION 1.2 Rules of Construction. (a) The words "hereof," "herein," "hereunder," "hereto," and other words of similar import refer to this Agreement in its entirety. (b) The terms "agree" and "agreements" contained herein are intended to include and mean "covenant" and "covenants." (c) References to Articles, Sections, and other subdivisions of this Agreement are to the designated Articles, Sections, and other subdivisions of this Agreement. (d) The headings of this Agreement are for convenience only and shall not define or limit the provisions hereof. (e) All references made (i) in the neuter, masculine or feminine gender shall be deemed to have been made in all such genders, and (ii) in the singular or plural number shall be deemed to have been made, respectively, in the plural or singular number as well. ARTICLE 2 SALE AND PURCHASE OF DEVELOPMENT RIGHTS SECTION 2.1 Agreement to ~;ell and Purchase Development Rights. The Seller agrees to sell the Development Rights in the Land to the City and the City agrees to purchase the Development Rights in the Land from the Seller on the date hereof for the Purchase Price. SECTION 2.2 Delivery_ of Deed of Easement. In order to evidence the sale of the Development Rights to the City, the Seller shall execute and deliver to the City on the date hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court of the City. ARTICLE 3 PAYMENT OF PURCHASE PRICE SECTION 3.1 Payrnent of Purchase Price. (a) The City shall pay the principal portion of the Purchase Price to the Registered Owner in a single installment on ,202_ [25-year maturity date]. The Purchase Price is (b) Interest on the unpaid principal balance of the Purchase Price shall accrue from the date of recordation of the Deed of Easement and shall be payable to the 4 Registered Owner on , 199_, and semiannually thereafter on June 1 and December I in each year to and including ,202_, at the rate of % per annum. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (c) Both the single installment of principal of the Purchase Price and the interest on the unpaid balance thereof are payable in lawful money of the United States of America at the time of payment. (d) Payment of interest on the unpaid balance of the Purchase Price shall be made by the City on each Interest Payment Date to the Registrar. The Registrar shall forward all such interest payments by check or draft mailed to the person(s) appearing on the registration books of the City maintained by the Registrar as the Registered Owner on the Record Date, at the address of such Registered Owner as it appears on such registration books. The single installment of principal of the Purchase Price shall be paid on the principal payment date set forth in Subsection (a) above by the Registrar to the Registered Owner as of the Record Date upon presentation and surrender of this Agreement at the office of the Registrar. (e) The City's obligation to pay the Purchase Price hereunder and to pay interest on the unpaid balance of the Purchase Price is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City are irrevocably pledged to the punctual payment of the Purchase Price and the interest on the unpaid principal balance of the Purchase Price as and when the same respectively become due and payable. SECTION 3.2 Registration and Transfer of this Agreement. (a) Until the Purchase Price and all interest thereon have been paid in full, the City shall maintain and keep at the offices of the Registrar, registration books for the registration and transfer of this Agreement; and upon presentation of this Agreement for such purpose at the offices of the Registrar, the Registrar shall register or cause to be registered on such registration books, and permit to be transferred thereon, under such reasonable regulations as the City or the Registrar may prescribe, the ownership of this Agreement. The Registrar, however, shall not be required to make any such registration and transfer during the period from the Record Date to the next succeeding Interest Payment Date or final principal payment date. (b) Except for an Estate Settlement Transfer, this Agreement may not be transferred by the Registered Owner prior to the expiration of a one (1) year period from the date this Agreement has been fully executed, delivered and become effective, and any such attempted transfer shall be null and void. The Registrar shall be instructed not to make any such transfers (other than an Estate Settlement Transfer) on its registration books kept for the purpose of registering the transfer of this Agreement prior to the expiration of said one (1) year period. (c) The Seller is the original Registered Owner. This Agreement shall be transferable only upon the books of the City maintained for such purpose by the Registrar, at the written request of the Registered Owner as then shown on such registration books or his attorney duly authorized in writing, upon presentation and surrender of this Agreement, together with a written instrument of transfer substantially in the form attached hereto as Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing, duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the surrender for transfer of this Agreement, the Registrar shall complete the Schedule of Transferees attached hereto as Exhibit E with the name, address and tax identification number of the transferee Registered Owner, and the date of the transfer; provided, however, that if there is any conflict between the information set forth in Exhibit E hereto and the registration books maintained by the Registrar, the information shown on such registration books shall control. The City and the Registrar may deem and treat the person in whose name this Agreement is registered upon the books of the City maintained by the Registrar as the absolute owner of this Agreement, whether any payments hereunder shall be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and interest thereon and for all other purposes, and all such payments so made to any such Registered Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon this Agreement to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. For every registration of transfer of this Agreement, the City or the Registrar may make a charge sufficient to reimburse themselves for any tax or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such transfer as a condition precedent to the exercise of the privilege of registering such transfer. SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement. In the event that this Agreement is mutilated, lost, stolen or destroyed, the City and the Registered Owner (as then shown on the registration books maintained by the Registrar) shall execute and deliver a substitute agreement having the same terms and provisions as the mutilated, lost, stolen or destroyed Agreement; provided that, in the case of any mutilated Agreement, such mutilated Agreement shall first be surrendered to the Registrar, and, in the case of any lost, stolen or destroyed Agreement there'shall be first furnished to the City and the Registrar evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to each of them in their sole discretion. The City and the Registrar may charge the Registered Owner requesting such new Agreement their expenses and reasonable fees, if any, in this connection. If after the delivery of such substitute Agreement, a bona fide purchaser of the original Agreement (in lieu of which such substitute Agreement was issued) presents for payment such original Agreement, the City and the Registrar shall be entitled to recover such substitute Agreement from the person to whom it was delivered or any other person who receives delivery thereof, except a bona fide purchaser, and shall be entitled to 6 recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by the City and the Registrar in connection therewith. ARTICLE 4 REPRESENTATIONS AND WARRANTIES SECTION 4.1 Representations and Warranties of the Ci_ty. The City makes the following representations and warranties: the State. (a) The City is a body politic and corporate and a political subdivision of (b) The City has the necessary power and authority to acquire the Development Rights, to enter into this Agreement, to perform and observe the covenants and agreements on its part contained in this Agreement and to carry out and consummate all transactions contemplated hereby. By proper action, the City has duly authorized the execution and delivery of this Agreement. (c) This Agreement has been duly and properly authorized, executed, sealed and delivered by the City, constitutes the valid and legally binding obligation of the City, and is enforceable against the City in accordance with its terms. (d) There are no proceedings pending or, to the knowledge of the City, threatened before any court or administrative agency which may affect the authority of the City to enter into this Agreement. SECTION 4.2 Representations and Warranties of the Seller. The Seller makes the following representations and warranties: (a) The Seller has full power and authority to execute and deliver this Agreement and the Deed of Easement, and to incur and perform the obligations provided for herein and therein. No consent or approval of any person or public authority or regulatory body is required as a condition to the validity or enforceability of this Agreement or the Deed of Easement, or, if required, the same has been duly obtained. (b) This Agreement and the Deed of Easement have been duly and properly executed by the Seller, constitute valid and legally binding obligations of the Seller, and are fully enforceable against the Seller in accordance with their respective terms. (c) There is no litigation or proceeding pending or, so far as the Seller knows, threatened before any court or administrative agency which, in the opinion of the Seller, will materially adversely affect the authority of the Seller to enter into, or the validity or enforceability of, this Agreement or the Deed of Easement. 7 (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the Seller, no provision of law or order of court binding upon the Seller or affecting the Land, which would conflict with or in any way prevent the execution, delivery, or performance of the terms of this Agreement or the Deed of Easement, or which would be in default or violated as a result of such execution, delivery or performance, or for which adequate consents, waivers or, if necessary, releases or subordinations, have not been obtained. (e) There exist no liens, security interests or other encumbrances on or with respect to the Land (other than Permitted Encumbrances), and at the time of execution and delivery of the Deed of Easement there will be no liens, security interests or other encumbrances of the Development Rights to be conveyed thereby. (f) The Seller is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Number(s) of the Seller [is] [are] [(for ) and (for .)]. The representations in subsections (f) and (g) above are made under penalties of perjury and the information contained therein may be disclosed by the City to the Internal Revenue Service. The Seller acknowledges that any false statement in such subsections could be punished by fine, imprisonment or both. (h) To the best of the knowledge, information and belief of the Seller, the Land has not been used for the manufacture, storage, treatment, disposal or release of any hazardous waste or substance. ARTICLE 5 PROVISIONS RELATING TO EXCLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1 Intent of City and Tax Covenant of City. The City intends that the interest payable under this Agreement shall not be includable in the gross income of the Registered Owner for purposes of federal income taxation pursuant to Section 103 of the Code. Accordingly, the City shall not knowingly take or permit to be taken any other action or actions or omit or fail to take any action, which would cause this Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise cause interest payable under this Agreement to become includable in the gross income of any Registered Owner for purposes of federal income taxation. SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of Transaction. The Seller has received an opinion from Kaufman & Canoles, P.C., Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, interest payable under this Agreement is not includable in the gross income of the Seller for federal income tax purposes, which opinion assumes continuous compliance with certain covenants in the Tax Certificate and Compliance Agreement to be executed and delivered by the City on the date of delivery of this Agreement and is otherwise limited in accordance with its terms. The Seller acknowledges that Seller has made Seller's own independent investigation and has consulted with such attorneys, accountants and others as the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to, installment sales treatment under Section 453 of the Code, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications); and the Seller certifies that the Seller has not looked to or relied upon the City or any of its officials, agents or employees, or to Bond Counsel, with respect to any of such matters. ARTICLE 6 THE REGISTRAR SECTION 6.1 Appointment of Registrar. First Union National Bank of Virginia is hereby designated and appointed to act as Registrar for this Agreement. SECTION 6.2 Ownership of A~eement. The Registrar, in its individual capacity or as trustee for holders of participation interests in this Agreement, may in good faith buy, sell, own and hold this Agreement, and may join in any action which any Registered owner may be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar, in its individual capacity, either as principal or agent, may also engage, or have an interest, in any financial or other transaction with the City, and may act as depository, trustee or agent for other obligations of the City as freely as if it did not act in any capacity hereunder. SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar. The City shall have the right, subject to the terms of any agreement with the Registrar, to remove the Registrar any time by filing with such Registrar to be removed, and with the Registered Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be effective until a successor Registrar has assumed the Registrar's duties hereunder. The City shall have the sole right to select a successor Registrar. SECTION 6.4 Qualifications of Successor Registrar. Any successor Registrar shall be either (a) the Department of Finance of the City, (b) an officer or employee of the City, or (c) a bank, trust company or other financial institution duly organized under the laws of the United States or any state or territory thereof which is authorized by law and permitted under the laws of the State to perform all the duties imposed upon it as Registrar by this Agreement. SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust company or other financial institution, any institution or corporation into which the Registrar 9 hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Registrar hereunder shall be a party or any institution or corporation succeeding to the corporate trust business (if any) of the Registrar, shall be the successor Registrar under this Agreement, without the execution or filing of any paper or any further act on the part of the parties hereto, anything in this Agreement to the contrary notwithstanding. ARTICLE 7 MISCELLANEOUS SECTION 7.1 Successors of City. In the event of the dissolution of the City, all the covenants, stipulations, promises and agreements in this Agreement contained, by or on behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the Registrar, shall bind or inure to the benefit of the successors of the City from time to time and any entity, officer, board, commission, agency or instrumentality to whom or to which any power or duty of the City shall be transferred. SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, finn or corporation, other than the City, the Seller, any other Registered Owner and the Registrar, any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the City, the Seller, any other Registered Owner from time to time of this Agreement and the Registrar. SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, including, without limitation, all Registered Owners from time to time of this Agreement. SECTION 7.4 Severability. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained herein or therein. SECTION 7.5 Prior. Agreements Cancelled; No Merger. This Agreement shall completely and fully supersede all other prior agreements, both written and oral, between the City and the Seller relating to the acquisition of the Development Rights. Neither the City nor the Seller shall hereafter have any rights under such prior agreements but shall look solely to this Agreement and the Deed of Easement for definitions and determination of all of their respective rights, liabilities and responsibilities relating to the Land, the Development Rights and the payment for the Development Rights. In addition, this Agreement shall survive the execution and recording of the Deed of Easement in all respects and shall not be merged therein. 10 SECTION 7.6 Amendments. Changes and Modificati0n~q. This Agreement may not be amended, changed, modified, altered or terminated except by an agreement in writing between the City and the then Registered Owner. An executed counterpart of any such amendment shall be attached to this Agreement and shall be binding upon such Registered Owner and all successor Registered Owners. SECTION 7.7 No Personal Liability of Gi_ty Officials. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent or employee of the City in his or her individual capacity, and neither the officers or employees of the City nor any official executing this Agreement shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 7.8 Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required under this Agreement to be in writing shall be sufficiently given and shall be deemed to have been properly given three Business Days after the same is mailed by certified mail, postage prepaid, return receipt requested, addressed to the person to whom any such notice, demand, request, approval, certificate or other communication is to be given, at the address for such person designated below: City: City Manager Municipal Center Virginia Beach, VA 23456 with a copy to: City Attorney Municipal Center Virginia Beach, VA 23456 Seller: Registrar: First Union National Bank of Virginia Corporate Trust/Bond Administration 7 North 8th Street Richmond, Virginia 23219 11 Any of the foregoing may, by notice given hereunder to each of the others, designate any further or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications shall be sent hereunder. SECTION 7.10 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Agreement, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Agreement, and in the case of payment no interest shall accrue for the period after such nominal date. WITNESS the signatures and seals of the parties hereto as of the date first above written. [CITY'S SEAL] CITY: CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: By: James K. Spore, City Manager City Clerk SELLER: (SEAL) .(SEAL) 12 Approved as to Legal Sufficiency: Approved as to Sufficiency of Funds: Deputy City Attorney COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: Director, Department of Finance The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,19 , by James K. Spore, City Manager of the City of Virginia Beach, Virginia, and attested to by , City Clerk of the City of Virginia Beach, Virginia, on its behalf. (SEAL) My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 19 , · by (SEAL) My Commission Expires: Notary Public 13 COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this day of , 19 , by (SEAL) My Commission Expires: Notary Public 14 This instrument was prepared by EXHIBIT A Virginia Beach City Attorney's Office Exemption Claimed: § 58.1-811(A)(3) § 58.1-811(C)(4) DEED OF EASEMENT THIS DEED OF EASEMENT is made this ~ day of ,1998, by and between JOHN A. BAUM (the "Grantor"), and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the "City") whose address is Municipal Center, Virginia Beach, Virginia 23456, Grantee. RECITALS WHEREAS, pursuant to the authority granted by the Open-Space Land Act, Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote and encourage the preservation of agricultural land in designated areas within the southern portion of the City; and WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has established the Agricultural Reserve Program of the City which provides for the acquisition of development rights through the purchase of agricultural land preservation easements with respect to property located in the portions of the City covered by the Ordinance; and WHEREAS, the Grantor is the owner in fee simple of certain agricultural real property located in the City and more particularly described in Exhibit A hereto (the "Land"); and WHEREAS, the Land is located in that portion of the City subject to the Ordinance and meets the eligibility criteria of Section 7 of the Ordinance; and WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement and thereby restrict the use of the Land as described herein; and GPIN: 1387-52-4939 WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance; and WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall be in perpetuity; and WHEREAS, in order to provide for the payment of the purchase price for the rights in the Land created hereby, the Grantor and the City have entered into an Installment Purchase Agreement of even date herewith (the "Installment Purchase Agreement"); GRANT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and for any subsequent owner of the Land does hereby grant and convey, with general warranty and English covenants of title, unto the City, and its successors and assigns, forever and in perpetuity, an agricultural land preservation easement in, on, over and with respect to the Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant and convey, with general warranty and English covenants of title, to the City, and its successors and assigns, forever and in perpetuity, all of the Development Rights with respect to the Land. TERMS, COVENANTS, CONDITIONS AND AGREEMENTS A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns covenants with the City, (1) to refrain from engaging in any act or activity, or permitting to occur or suffering to exist any act or activity upon the Land which would constitute the exercise of a Development Right or a use other than an Agricultural Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall create a perpetual easement, running with the Land and all portions thereof as an incorporeal and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser, grantee, lessee, owner or other transferee of all or any portion of the Land and any other person or entity having any right, title or interest therein and upon their respective heirs, personal representatives, devisees, successors and assigns; and (3) that the covenants, conditions, limitations and restrictions contained herein are intended to limit the use of the Land as herein set forth. B. The parties, for themselves, their heirs, personal representatives, devisees, successors and assigns, further covenant and agree as follows: 2 (1) As used in this Deed of Easement the term "Development Rights" shall mean the fight to develop the Land for any use, including without limitation, any commercial, industrial or residential use, other than for Agricultural Use. (2) As used in this Deed of Easement the term "Agricultural Use" means (i) the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising of livestock and poultry, and the production and harvest of products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the Agricultural Reserve Program and no more than one freestanding mobile home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term does not include the processing of agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use. (3) This Deed of Easement does not grant the public any right of entry or access or any rights of use of the Land. (4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN WITH THE ENTIRE ACREAGE OF THE LAND. (5) The purpose of this Deed of Easement shall be to (i) promote and encourage the preservation of farmland, and promote and enhance agriculture as an important industry within the City, (ii) preserve the rural character of the southern part of the City, (iii) conserve and protect environmentally sensitive lands, waters and other resources, (iv) reduce and defer the need for major infrastructure improvements in the southern part of the City and the expenditure of public funds for such improvements, (v) preserve open spaces, and (vi) assist in shaping the character, direction and timing of community development. (6) In the event of a violation or attempted violation of any of the provisions hereof, the City and its successors and assigns, may institute and prosecute any proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin any such violation or attempted violation. WITNESS, the hand and seal of the Grantor as of the date first above written. GRANTOR: John A. Baum ,(SEAL) APPROVED AS TO FORM AND ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH CITY ATTORNEY COMMONWEALTH OF VIRGINIA AT LARGE, to-wit: The foregoing instrument was acknowledged before me in the City of Virginia Beach, Virginia, this __ day of ,1998, by John A. Baum, Grantor. (SEAL) My Commission Expires: Notary Public 4 EXHIBIT A ALL OF THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as follows: PARCEL ONE: ALL THAT certain tract of land, with the buildings and improvements thereon and the appurtenances thereto, containing 136 acres, more or less, sold in gross and not by the acre, situated in the Blackwater Borough in the City of Virginia Beach, Virginia, and bounded and described as follows: BEGINNING ON the west side of the public road known as the Baum Road in the line of a ditch along the south side of the land of Carrie W. Baum, and running thence S. 3° 10' W. along the western side of said public road 560 feet, more or less, to the middle line of a private road, thence S. 50° 25' W. 3169 feet, more or less, along the middle line of said private road to a lead ditch, thence N. 39° 50' W. along the middle line of said ditch and a continuation thereof 2130 feet, more or less, to another ditch on the east side of an old private road, thence approximately N. 50° 25' E. along the middle line of the last mentioned ditch and a continuation thereof 1910 feet, more or less, to another ditch along the north side of a private road, thence S. 84° E. along the middle line of said ditch and the southern line of the land of John Joachim and Carrie W. Baum 2380 feet, more or less, to the point of beginning. IT IS EXPRESSLY covenanted and agreed that the private roads along the western, northern and eastern sides of said land shall remain private roads in common for the use of the Vendor and his heirs and assigns and the Purchasers and their heirs and assigns; and that the Purchasers and their heirs and assigns shall have the right to drain the said land hereby conveyed southerly into the ditches on the land of the Vendor and to enter upon the land of the Vendor for the purpose of keeping the said ditches open. IT BEING the same property acquired by the Grantors herein by deed from Forrest O. Baum, et ux, dated January 1, 1958 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 545, at page 45. PARCEL THREE: ALL THAT CERTAIN tract, piece or parcel of land, situate, lying and being in Blackwater Borough of the City of Virginia Beach, Virginia, as shown on the plat of "Property of M. Holczer" made by Day & Whitehurst, Civil Engineers, July 1911, and is duly of record in the Clerk's Office of the City aforesaid in M. B. 4, page 219, and is more particularly described as follows: Beginning at an iron pipe on the southern side of Crag's Causeway, a public highway, at the Northwest comer of the property conveyed by Mike Holczer and wife to Gergeley Csincsak by deed dated August 2nd, 1911, and duly of record in the Clerk's Office of the City aforesaid, and running thence along the line of the said Gergeley Csincsak (now Weyerhaeuser Company) property S. 48° 30' W. 453.5 feet to a point of beginning in the center line of a drainage canal draining the lands to the West of A. O. Baum and his assigns (now John A. Baum); from said point of beginning running along the line of the said Gergeley Csincsak (now Weyerhaeuser Company) property S. 48° 30' W. 2997 feet to the line of the lands formerly belonging to Thomas Boyd; thence along the line of said Boyd property N. 20° 41' W. 30 feet to a beech; N. 5 ° 20' W. 157 Feet to a pine; N. 37° 45' W. 302.5 feet and N. 5° 55' E. 2547.5 feet to a point where the private road crosses the center line of the above canal; thence along the center line of the canal S. 60° 30' E. 555 feet tot he point of beginning, containing thirty-six (36) acres, more or less. IT BEING the same property acquired by the Grantors herein by deed from Percy L. Parsons, et ux, dated January 4, 1966 and duly recorded in the Clerk's Office aforesaid in Deed book 942, at page 320. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. 6 [LESS AND EXCEPT that certain tract, piece or parcel being a portion o£ the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith.] EXHIBIT B ALL OF THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as follows: PARCEL ONE: ALL THAT certain tract of land, with the buildings and improvements thereon and the appurtenances thereto, containing 136 acres, more or less, sold in gross and not by the acre, situated in the Blackwater Borough in the City of Virginia Beach, Virginia, and bounded and described as follows: BEGINNING ON the west side of the public road known as the Baum Road in the line of a ditch along the south side of the land of Carrie W. Baum, and running thence S. 3 o 10' W. along the western side of said public road 560 feet, more or less, to the middle line of a private road, thence S. 50© 25' W. 3169 feet, more or less, along the middle line of said private road to a lead ditch, thence N. 39© 50' W. along the middle line of said ditch and a continuation thereof 2130 feet, more or less, to another ditch on the east side of an old private road, thence approximately N. 50© 25' E. along the middle line of the last mentioned ditch and a continuation thereof 1910 feet, more or less, to another ditch along the north side of a private road, thence S. 84 © E. along the middle line of said ditch and the southem line of the land of John Joachim and Carrie W. Baum 2380 feet, more or less, to the point of beginning. IT IS EXPRESSLY covenanted and agreed that the private roads along the westem, northern and eastern sides of said land shall remain private roads in common for the use of the Vendor and his heirs and assigns and the Purchasers and their heirs and assigns; and that the Purchasers and their heirs and assigns shall have the right to drain the said land hereby conveyed southerly into the ditches on the land of the Vendor and to enter upon the land of the Vendor for the purpose of keeping the said ditches open. IT BEING the same property acquired by the Grantors herein by deed from Forrest O. Baum, et ux, dated January 1, 1958 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 545, at page 45. PARCEL THREE: ALL THAT CERTAIN tract, piece or parcel of land, situate, lying and being in Blackwater Borough of the City of Virginia Beach, Virginia, as shown on the plat of"Property of M. Holczer" made by Day & Whitehurst, Civil Engineers, July 1911, and is duly of record in the Clerk's Office of the City aforesaid in M. B. 4, page 219, and is more particularly described as follows: Beginning at an iron pipe on the southem side of Crag's Causeway, a public highway, at the Northwest comer of the property conveyed by Mike Holczer and wife to Gergeley Csincsak by deed dated August 2nd, 1911, and duly of record in the Clerk's Office of the City aforesaid, and running thence along the line of the said Gergeley Csincsak (now Weyerhaeuser Company)property S. 48° 30' W. 453.5 feet to a point of beginning in the center line of a drainage canal draining the lands to the West of A. O. Baum and his assigns (now John A. Baum); from said point of beginning running along the line of the said Gergeley Csincsak (now Weyerhaeuser Company) property S. 48° 30' W. 2997 feet to the line of the lands formerly belonging to Thomas Boyd; thence along the line of said Boyd property N. 20 o 41' W. 30 feet to a beech; N. 5° 20' W. 157 Feet to a pine; N. 37° 45' W. 302.5 feet and N. 5 ° 55' E. 2547.5 feet to a point where the private road crosses the center line of the above canal; thence along the center line of the canal S. 60° 30' E. 555 feet tot he point of beginning, containing thirty-six (36) acres, more or less. IT BEING the same property acquired by the Grantors herein by deed from Percy L. Parsons, et ux, dated January 4, 1966 and duly recorded in the Clerk's Office aforesaid in Deed book 942, at page 320. LESS AND EXCEPT all portions of the above-described property, if any, which contain any of the following soil types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded. [LESS AND EXCEPT that certain tract, piece or parcel being a portion of the above described property designated and described as "#" as shown on that certain plat entitled: "#", Scale #" = #', dated #, prepared by #, which plat is attached hereto and recorded simultaneously herewith.] EXHIBIT "C" PERMITTED ENCUMBRANCES Taxes for the fiscal year 1998/1999 and any/all stormwater fees, which are liens not yet due and payable, and taxes and stormwater fees for all subsequent billing periods. 2. Roll Back Taxes. Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not adversely affect the interest of the City of Virginia Beach in and to the agricultural land preservation easement and the fights granted to the City in the Deed of Easement. ASSIGNMENT EXHIBIT D FOR VALUE RECEIVED, and ([collectively,] the "Registered Owner") hereby sell[si, assign[s] and transfer[s] unto , without recourse, all of the Registered Owner's right, title and interest in and to the Installment Purchase Agreement to which this Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar (as defined in such Agreement) to transfer such Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certifies that there have been no amendments to such Agreement [except ]. Date: Signature guaranteed: NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature on this Assignment must correspond with the name of the Registered Owner as it appears on the registration books for the Installment Purchase Agreement referred to herein in every particular, without alteration or enlargement or any change whatever. 18 EXHIBIT E TRANSFER OF AGREEMENT - $(~HEDULE OF TRANSFEREES The transfer of this Installment Purchase Agreement may be registered only by the Registered Owner under such Agreement in person or by its duly authorized officer or attorney upon presentation hereof to the Registrar, who shall make note thereof in the books kept for such purpose and in the registration blank below. Date of Registration of Transfer Name and Address of Transferee Registered Seller Tax I.D. No. of Transferee Signature of Registrar o o 19 - 31 - Item VI4.2. ORDINANCES ITEM # 43974 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND the City Code by ADDING a new section, Section 23-11.3 prohibiting any person from directing a laser beam from a pen, flashlight or similar device into the eyes of another person. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW SECTION PROHIBITING ANY PERSON FROM DIRECTING THE BEAM FROM A LASER PEN, FLASHLIGHT OR SIMILAR DEVICE INTO THE EYES OF ANOTHER PERSON SECTION ADDED: § 23-11.3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-11.3 of the City Code is hereby added to read as follows: Sec. 23-11.3 Directinq beam of laser pen, flashliaht or similar device into eyes of another person. It shall be unlawful and a Class 2 misdemeanor for any person to intentionally, and without good cause, direct the beam from a laser pen, flashlight or similar device into the eyes (or eye) of another person. 17 18 19 20 21 22 23 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25th day of August, 1998. CA-7115 DATA/ODIN/PROPOSED/23-011-3.ORD R3 August 19, 1998 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Police Department Law Department - 32 - Item VI-J.$ ORDINANCES ITEM # 439 75 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $80,000 Grant from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 1998-1999 Operating Budget re supporting the operations of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2; and, increase the estimated revenue from the federal government accordingly. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara 34. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $80,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1998-99 OPERATING BUDGET TO SUPPORT THE OPERATIONS OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK FORCE NO. 2 WHEREAS, the Federal Emergency Management Agency (FEMA) provides annual 9rants to localities sponsorin9 Urban Rescue Teams; WHEREAS, the City of Virginia Beach, as the sponsoring locality for Virginia Task Force No. 2, an Urban Search and Rescue Team authorized by FEMA, has been awarded a grant in the amount of $80,000; and WHEREAS, the grants will be used for the maintenance of equipment, the purchase of additional equipment, and the training of personnel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a grant in the amount of $80,000 is hereby accepted from the Federal Emergency Management Agency and appropriated to the Fire Department's FY 1998-99 Operating Budget for maintenance of equipment, the purchase of additional equipment, and the training of personnel related to the operation of the FEMA Urban Search and Rescue Team, Virginia Task Force No 2; and 2. That estimated revenue from the federal government is hereby increased in the amount of $80,000. Requires an affirmative vote by a majority of City Council members. Adopted the 25 day of AUgus% 1998, by the Council of the City of Virginia Beach, Virginia. CA-7111 DATA/ORDIN/NONCODE/YOUTH.ORD AUGUST 17, 1998 R2 APPROVED AS TO CONTENT Walter C. Kraemer Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 33 - Item VI-J. 4. ORDINANCES ITEM # 439 76 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant from the Virginia Department of Criminal Justice Services (VDCJS) ; TRANSFER $25,000 from the General Fund Reserve for Contingencies for grant matches to the FY 1998-1999 Operating Budget of the Department of Social Services re operating the Youth Intervention Team on a year- round basis; and, increase the estimated revenue from the Commonwealth of Virginia accordingly Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $75,000 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND TO TRANSFER FUNDS IN THE AMOUNT OF $25,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR GRANT MATCHES TO THE FY 1998-99 BUDGET OF THE DEPARTMENT OF SOCIAL SERVICES TO OPERATE THE YOUTH INTERVENTION TEAM ON A YEAR-ROUND BASIS WHEREAS, the Youth Intervention Team was established to aid in decreasing tensions associated with the congregation of youth at the Oceanfront; WHEREAS, in addition to continuing activities at the Oceanfront, the Team will now extend its youth-crime prevention mediation to other areas of the City such as schools and malls; and WHEREAS, the Virginia Department of Criminal Justice Services has awarded the Virginia Beach Department of Social Services a matching grant in the amount of $75,000 to fund the operation of the Youth Intervention Team on a year-around basis; WHEREAS, the City has sufficient funds in the General Fund Reserve for Contingencies for Grant Matches to provide the required match of $25,000, thereby eliminating the need for additional appropriations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a grant in the amount of $75,000 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated to the FY 1998-99 Operating Budget of the Virginia Beach Department of Social Services for operation of the Youth Intervention Team; 2. That funds in the amount of $25,000 are hereby transferred from the General Fund Revenue for Contingencies for Grant Matches to the FY 1998-99 Operating Budget of the Department 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 of Social Services as the City's required match for the grant; and 3. That estimated revenue from the Commonwealth of Virginia is hereby increased in the amount of $75,000. Requires an affirmative vote by a majority of City Council members. Adopted the 25 day of Augus~ 1998, by the Council of the City of Virginia Beach, Virginia. CA-7118 DATA/ORDIN/NONCODE/YOUTH-2.0RD AUGUST 17,1998 R3 APPROVED AS TO CONTENT: Walter C. Kraemer Department of Management Services APPROVED AS TO LEGAL: SUFFICIENCY Department of Law Joseph B. Benedetti Director .... 'r' 01: VIRGINIA BEACH COMMONWEALTH of VIRGINIA Department of Criminal dustice Services June l, 1998 Mr. James K. Spore City Manager City of Virginia Beach Municipal Center, Bldg. 1 Virginia Beach, Virginia 23456 805 East Broad Street, Tenth Floor Richmond, Virginia 23219 (604) ';'86-4000 FAX (804) 371-8981 TDD (804) 386-8732 Title: At-Risk Youth Dear Mr. Spore: I am pleased to advise you that grant number 99-B9800AD98 for the above-referenced grant program has been approved in the amount of $75,000 in Federal Funds and $25,000 in Local Cash Match for a total award of $100,000. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to Joe Marshall, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully, as some require action on your part before we will disburse grant funds. When we receive documentation showing that you have complied with the conditions, you will be eligible to request funds awarded under this grant. A REQUEST FOR FUNDS form is also included with this letter and should be used for this purpose. You may request funds at the same time you submit the documentation of compliance with the grant conditions, or at any time thereafter. However, we cannot process your request until we have received and approved all required information. We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Rangeley Thornton at (804) 371-0863. Sincerely, Enclosures CC: Ms. Susan Dye, Administrator Mr. Randy Thompson, Chief of Finance Rangeley Thornton, DCJS Criminal Justice Service Board · Committee on Training · Juvenile Justice and Detinquency Prevention Advisory Committee Advisory Committee to Court Appointed Special Advocate and Chitdren's Justice Act Programs Private Security Services Advisory Board . Criminal Juslice InformalJon Systems Committee Department of Criminal Justice Services 805 East Broad Street, 10th Floor, Richmond, VA 23219 Statement of Grant Award/Acceptance Subgrantee- Date: June 1, 1998 Va Beach City Grant Number- Grant Period-- 99-B9800AD98 From: 7/1/98 Through: 6/30/99 Project Director Project Administrator Finance Officer Ms. Susan Dye Administrator Youth Intervention Team City of Virginia Beach 2473 N. Landing Road Virginia Beach, Virginia 23456 Mr. James K. Spore City Manager City of Virginia Beach Municipal Center, Bldg. 1 Virginia Beach, Virginia 23456 Mr. Randy Thompson Chief of Finance City of Virginia Beach 3432 Virginia Beach Blvd. Virginia Beach, Virginia 23456 Phone No: (757) 427-4537 Phone No: (757) 427-4242 Phone No: (757) 437-3204 GRANT AWARD BUDGET DCJS Funds Budget Categories Federal General Subgrantee Match TOTALS A. Personnel $75,000 $ 0 $25,000 $100,000 B. Consultants $ 0 $ 0 $ 0 $ 0 C. Travel $ 0 $ 0 $ 0 $ 0 D. Equipment $ 0 $ 0 $ 0 $ 0 E Supplies & Other Expenses $ 0 $ 0 $ 0 $ 0 TOTALS $75,000 $ 0 $25,000 $100,000 This grant is subject to all rules, regulations, and criteria included in the grant application and the special conditions attached thereto. ~.~~~ .~.o~.~~ ~j~'se~enedetti, Director The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does hereby accept this grant and agree to the conditions pertaining thereto, this day of ,19 S!gnature: Title: - 34 - Item VI-J.$. ORDINANCES ITEM # 43977 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $44,900 from the FY 1998-1999 Operating Budget's General Fund Reserve for Contingencies to the City Council's FY 1998-1999 Operating Budget re extending lobbying contract with Vectre Corporation Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 1 2 3 4 5 6 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $44,900 FROM THE FY 1998-99 OPERATING BUDGET RESERVE FOR CONTINGENCIES TO THE CITY COUNCIL BUDGET FOR THE PROCUREMENT OF LOBBYING SERVICES 7 10 11 12 13 14 15 16 17 18 19 WHEREAS, in FY 1997-98 City Council directed the City Attorney and City Manager to procure services of a lobbying firm to assist City staff in promoting the City's Legislative Package; WHEREAS, Vectre Corporation was retained and the City's interests were well represented in the 1998 General Assembly session; WHEREAS, it is recommended that the contract with the Vectre Corporation be extended for FY 1998-99 in an amount not to exceed $44,900 for the provision of lobbying services throughout the year, with emphasis on the month preceding the opening of the General Assembly session and the session itself; and WHEREAS, funding for this contract is available in the FY 1998-99 Operating Budget Reserve for Contingencies. 20 21 22 23 24 25 26 27 28 29 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $44,900 are hereby transferred from the FY 1998-99 Operating Budget's General Fund Reserve for Contingencies to City Council's FY 1998-99 Operating Budget so that the lobbying contract with Vectre Corporation can be extended. 2. That execute a contract the City Manager is hereby authorized to in the maximum amount of $44,900 for Vectre Corporation to provide lobbying services on behalf of the City of Virginia Beach during FY 1998-99, including the 1999 Session of the General Assembly. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of August , 1998. CA-7110 DATA/ORDIN/NONCODE/VECTRE.ORD AUGUST 18, 1998 R2 Managemefft ServEces APPROVED AS TO LEGAL SUFFICIENCY: 2 - 35 ~ Item VI-J. 6. ORDINANCES ITEM # 45978 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize acquisition of a visibility easement to be conveyed to the City of Virginia Beach, Virginia, at the intersection of South Fir Avenue and Bonney Road (CIP 2-285.32) re improvement of traffic safety, either by agreement or condemnation. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 Virginia, on the AN ORDINANCE TO AUTHORIZE ACQUISITION OF A VISIBILITY EASEMENT TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA AT THE INTERSECTION OF S. FIR AVENUE AND BONNEY ROAD, 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 improvement of visibility at the intersection of S. Fir Avenue and Bonney Road to provide safe access from S. Fir Avenue onto Bonney Road and 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 15.2-1901, et ~eq., Code of Virginia of 1950, as amended, of all that certain 858 S.F. permanent visibility easement as shown on the plat entitled: ~PLAT SHOWING A VISIBILITY EASEMENT CONVEYED TO THE CITY OF VIRGINIA BEACH FROM JOHN E. & WILMA M. SIRINE, KEMPSVILLE BOROUGH -- VIRGINIA BEACH, VIRGINIA, SURVEY BUREAU ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: JUNE 30, 1997," this plat being recorded in Map Book 262 at Page 83, in the Clerk's Office of the Circuit Court of the City of 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, 25 August day of , 1998. CA-# PWALDO\#\#\#.ORD R-1 AP~R~D AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FOI~M CITY ATTORNEY BLV[ :LVO LOCATION MAP SCALE :1" -- 1~600' LITY E/~SEMEN' LOCATION MAP FIvR AVE. @BONNEY ISIBILITY EASEMENT © © © © ©© © oF~ ~ FOR o RD. ~ PREPARED BY P/W ENG. DRAFT. 13-MAY-1998 (£ 'Od 9,; "~'lt) ~1_~ HI RO$ -36- Item VI-~. 7. a. ORDINANCES ITEM # 43979 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council DEFERRED for thirty days until the City Council Session of September 22, 1998: Ordinance re temporary encroachment: Into a portion of the City's right-of-way by GREAT NECK BAPTIST CHURCH to construct and maintain two (2) directional signs at the intersections of Great Neck Road~Old Donation Parkway and Inlynnview Road (DISTRICT 5 L YNNHA VEN) Vo ting: 1 O- 0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 -37- Item VI-J. 7. b. ORDINANCES ITEM # 43980 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ~4DOPTED: Ordinance re temporary encroachment: Into a portion of the City's 20' drainage easement by ROBERT L. and JOYCE M. GUNTER to construct and maintain a wooden pier and stone rip rap at the rear of 5205 Executive Boulevard, Point of View (DISTRICT 2 - KEMPSVILLE The following conditions shah be required: It is 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. It is understood and agreed that the temporary encroachment herein authorized 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 20'Drainage Easement by the applicant, and that the applicant shall bear all expenses of such removal. It is understood and agreed that the applicant shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against aH claims, damages, losses and expenses including reasonable attorney's fees in case it shah be necessary to ftle or defend an action arising out of the location or existence of such temporary encroachment. It is further 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 applicant. It is understood and agreed that the applicant agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. 6. It is understood and agreed 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 what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shah not be made within the time ordered hereinabove by this Agreement, the City shah impose a penalty in the sum of One Hundred Dollars ($100. 00)per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shah collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. August 25, 1998 - 38- Item VI-J. 7. b. ORDINANCES ITEM # 43980 (Continued) Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE CITY'S 20' DRAINAGE EASEMENT AT THE REAR OF 5205 EXECUTIVE BLVD. BY ROBERT L. GUNTER AND JOYCE M. GUNTER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Robert L. Gunter and Joyce M. Gunter, husband and wife, desire to construct and maintain a wooden pier and stone rip rap into the City's 20' drainage easement located at the rear of Lot 18, Block 3, Section 1, Subdivision of Point-of-View. WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way or property 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 ~§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Robert L. Gunter and Joyce M. Gunter, husband and wife, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a wooden pier and stone rip rap in the City owned 20' drainage easement located at the rear of Lot 18, Block 3, Section 1, Subdivision of Point-of- View, as shown on the map entitled: "PROPOSED RIPRAP AND PIER IN: BORROW PIT AT: VIRGINIA BEACH, VA APPLICATION BY: ROBERT GUNTER. ET AL SHEET 1 OF 3 DATE: 7/24/96" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and 37 38 39 4O 41 42 43 44 45 46 47 Robert L. Gunter and Joyce M. Gunter, husband and wife, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Robert L. Gunter and Joyce M. Gunter, husband and wife 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 August , 1998. DEPARTMENT APPROVED AS TO LE~L PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58.1-81 l(e)(4) REIMBURSEMENT ALrYHORI7.F.D UNDER SECTION 25-249 THIS AGREEMENT, made this /o e~'day of 5ffta~4~, 1997, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and ROBERT L. GUNTER AND JOYCE M. GUNTER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. WITNES SETH: That, WHEREAS, the party of the second part is the oWner of that certain lot, tract, or parcel of land designated and described as Lot 18, Section 1, Block 3 of the Subdivision of Point "O" View, and being further designated and described as "5205 Executive Blvd., Virginia Beach, Virginia 23464- GPIN 1467-61-4331" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a Pier and Stone Rip Rap in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such Pier and Stone Rip Rap, it is necessary that the said party of the second part encroach into a portion of an existing City's 20' Drainage Easement; and said party of the second part has requested that the party of the f~rst part grant a temporary encroachment to facilitate such Pier and Stone Rip Rap within a portion of the City's 20' Drainage Easement. GPIN 1467-61-4331 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 20' Drainage Easement for the purpose of constructing and maintaining such Pier and Stone Rip Rap. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's 20' Drainage Easement as shown on that certain plat entitled: "PROPOSED RIP RAP AND PIER IN: BORROW PIT AT: VIRGINIA BEACH, VA. APPLICATION BY: ROBERT GUNTER, ET AL," 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 20' 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 temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the frrst part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part 3 compensation for the use of such portion of the City's fight-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 ff 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 tempor~-y 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, Robert L. Gunter and Joyce M. Gunter, husband and wife, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager. and its seal be hereunto affixed and attested by its City Clerk. APPFtOVED AS TO LEGAL SUFFICIENCY CITY OF VIRGINIA BEACH (SEAD ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk ,,~%~D AS TO CONTEN'i' SIGI'-IA TU R,.~ DEPARTMENT Robert L. Gunter 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ., 1997, by MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. day of , CITY 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 for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF l ~Crji }il ~ CITY/COUNTY ~F ~/li6ll}ll r~ ~'t4~, , to-wit: ,J  The foregoing instrument was acknowledged before me this 'tlSl~lf~'( ,1997, by Robert L. Gunter and Joyce M. Gunter. ~iar~ Pt~blic My Commission Expires: My Commission Expires August 31, 2000 day of SCALE r.1600' LOCATION blAP CEMETERY ITE LOCATION MAP FOR PROPOSED ENCROACHMENT OF RIPRAP AND PIER BY ROBERT GUNTER AND JOYCE M. GUNTER 5205 EXECUTIVE BLVD. SCALE: 1" -- 100' PREPARED BY P/W ENG. DRAFT. 9/30/97 ~K ~ 7'0 $ ~ I I 6 7 i543 PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR THE BENEFIT OF LOT 18 Ar~a = 774.71' Sq. FL or 0.02 Ac. 27 26 (~.~. 66, ?g. ~,3) 28 (M.B. 66, Pg. 5J) ~.P./.~. 14s?-6/-~99 H 70'09'40' E R~50. O0 155.58' 29 (~.s. 66, Pq. CONVENT/ON DRIVE (u.~. 6o,. i~q. OAD I9 Notes · parcel ''~'' (~.~. 60, Pq. ~) A 5 foot easement (unless greater width is noted) along and adjacent to oil side and rear h'nes of all lots wi#fin this subdidsion has been dedicated to the City of Vlrglnia Beach, Virg/hlo for the insta#ah'on and/or maintenance of utih'lles and drainage foclh'ltes. This is a composite plat and is not based on an actual field survey. EASEMENT PLA T FOR LOT 28, SUBDIVISION OF POINT "0" VIEW, SECt/ON TWO KEIdPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA Sca/e: I~=50' Do/e: JANUARY 27, I997 Reference: M.D. 68, Pg. 53 Clerk's Office, City of ~4rqinia Beach, V~rgini~. LEE S. .ROOD, P. C. Land Surveyors 5757 8ARTEE STREET NORFOLK, ViRGiNiA 2J5o2 Ph. (757) 4~- I~ 1i 46,202-97 f~F: ~,~,,~ F 5'~ ' PURPOSE: EROSION CONTROL DATUM: M.S.L.O.O ADJACENT PROPERTY OWNERS LOUIS HENNINGER JOSEPH WADE O Lot F3 Lxl D . PLAN VIEW SCALE I' - 30' 30' 60' PROPOSED RIPRAP AND P/ER IN: BORROW PIT AT: VIRGINIA BEACH. VA APPLICATION BY: ROBERT GUNTER. ET AL SHEET / OF 3. DATE: 7/24/96 McCardell & Inrnan, P.L.C. Atlorneys at Law TillS AMENDED DEED OF EASEMENT effective as of the 29th day of January, 1997 by and between ROMELNA II. YANCEY, widow, Grantor, and ROBERT LEE GUNTER, SR. and JOYCE MARIE GUNTER, husband and wife, Grantees, whose address is 5205 Executive Boulevard, Virginia Beach, Virginia. WITN ESS ETII: W ilEREAS, Grantor is the owner ofcertain real property located in tile City of Virginia Beach, Virginia, which property is briefly described as l.ot Twenty-Eight (28), in Block One ( 1 ), Section Two (2) as shown on tile plat of Subdivision ot' Point-of-View, which plat is recorded in the Clerk's Otlice of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 66, at Page 53 and being located on Convention Drive in the said City (GPIN//14676144990000); and WIlEREAS, Grantees are the owners of Lot Eighteen (18), in Block Three (3), Section One (l) on the afbrcsaid plat, recorded in tile said Clerk's Office in Mat) Book 66 at page 55 and being known as 5205 Execulive Boulevard in the said City (CPI N #14676143310000); and WIIEi,IEAS, Grantees wish to construct a bulkhead, pier and riprap revetment which would encroach on the property o1' Grantor; and WlIEREAS, Grantor is amenable to said encroachment subject to certain conditions and restrictions; and Wll EREAS, Grantor and Grantees executed a prior Deed ot' Easement ("Prior Deed of Easement') dated January 29, 1997 ot'record in the said Clerk's Ottice in Deed Book 3705 at page 1164; and WilEREAS, tile City ot' Virginia Beach roi'used to issue a building permit to Grantees for thc said improvemenls unluss lhe said I'riur Dccd ul' I:~ascn~cnt was amended to include thc term "Rip Rap Revetment" in thc permissible improvements to be made; and WilEREAS, Grantor and Grantees have agreed to the said amendment language. NOW, TI IEI/EiVOllE, that lbr and in consideration of thc sum ofTen Dollars ($10.00) and other good and valuable consiclcration, rcceil)t of which is hereby acknowledged, Grantor grants and conveys tmlo tl~c Grantees a pcq>ctual casement l~)r thc construction and maintenance of a bulkhead, pier and riprap revetment ~o serve said Ix)t I.]ighteen (18), the area of which easement is more particularly described as Being an area of 774.21 sqHarc IUct ~)~' 0.02 acres t~tl designated as "l)crpetual Easement and Right-ul~Way Ibr thc lgcncfit {)l'l.ot 18,/Mca :~ 774.71 Sq. Ft. or 0.02 Ac.", and shown on that plat cntillcd "l~t~scn~cnt Plat Ibr l.ot 28, Subdivision of Point O'View, Section Two, Kcmpsvillc l}ort)ugh - Virginia Beach, Virginia," dated Jammry 27, 1997 by Loc S. Rood, P.C., l.and Surveyors, which plat is attached hereto as an exhibit. The easement hereby granted shall also cncomlmss any reasonable fitrthcr temporary encroachment xvhich may be rcastmably necessary ctttri~g thc course ol'said construction and/or maintenance. Sul~jccl to (h'alltOl"S rcscrvalionN, scl t>tll bcluxv, thc casement hereby granted shall be perpetual, shall be an casement apl)urtcnant, and sl~all l'tlll with thc land so as to bind thc parties' successors and assigns. Said casement shall also include and cncoml)aSs uses ordinarily made of such a bull<head, pier and ripral> revetment, vi<, ingress ami casement fi'om boats on the water to thc properly c~l' Iht Gra~tccs, rights of moori~g x~atcrcrali to same and similar reasonable uses that arc granted exclusively to thc ki~u~tccs and their invitccs. The Grantor reserves unto hcrscll} her halts, succcsst~rs and assigns, thc right lo terminate this easement in thc cvcnl, at any time, now or hcrcalicr, ( ) that governmental regulations or STATE OF VIRGINIA CITY OF VIRGINIA I.IEACI I The tbregoing was acknowledged boil>re me this 1998, by ROMELNA tl. YANCEY. My commission expires: STATE OF VIRGINIA Notary F'ublic CITY O1: VIRGINIA III!ACtl The tbregoing was acknowledged bclbrc 1998, by ROI:IEIUI' I,E~ GUNTI::R, SR. and ,l()h C'IL Notary I'u/)lic My commission exRires: authorities determine that the scrvicnt parcel, that is, l.t)t 'l'xvcnty-cight (28), in Block one (I), Section Two (2), Plat of Subdivision of l'cfint-olLVicw, clt~nc)t t)c utilized as a separate and distinct builclal)lc lot duc to thc existence ol'thc CilSClllCllt granlccl herein or (2) il'the Grantccs, theirs heirs, successors or assigns, violate any of thc terms and conditions contained herein. Termination ofsaid easement shall be ell~ctivc immediately upon thc recordation, in the albresaid Clerk's Oltice, ol'a "Ccrtilicatc ol'Tcrnfination" signed by thc Grantor, her heirs, successors or assigns, rel~rring to the right hereby retained in this Grant Thc Grantees. by their acceptance, signing and ~cct~rcling this clt:.cunlcnt, and their heirs, successors or assigns hereby agrce to inclcnmil~ and holcl thc (;rantor, her heirs, sttcccssol's OF assigns, harmless fi'om any and all liability, real estate t~xcs and costs whatsoever incurred by Grantor, her heirs, succcssc~rs or assigns, in connection with Ibc land and improvements thereon located within the said perpetual cascn~cnt i~lcl thc Grantees' usc Ihcrcot~ Thc Grantees l[.'ther agree to add the Grantor, her heirs, successors c,s- assigns us un insured on their llomeowner's Insurance Policy and to give thc (h'antc~r. her heirs, successors ~,r assigns a copy of thc said Policy. WITNESS the lbllowing signatt,'cs and seals: I{ON.'IIZI.N,,'X 11. h'/XNCI¢Y C) ~¢ ~,t)h'~lC NIAI~II:~ CiUN'I'tEI~ (SEAL) (SEAL) (SL:AL) - 39- Item VI-J. 7. c. ORDINANCES ITEM # 43981 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance re temporary encroachment: Into a portion of the City's variable width impoundment easement designated as "LAKE" by DR. RONALD E. MODLINGER to construct and maintain a floating 8' x 10' wooden dock at the rear of 2188 Bierce Drive, Red Mill Farm (DISTRICT 7 - PRINCESS ANNE) The following conditions shall be required: It is 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. It is understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the applicant, and that within thirty (30) days after such notice is given, the temporary encroachment shall be removed from the City's impoundment easement by the applicant; and that the applicant shall bear all costs and expenses of such removal. o It is understood and agreed that the applicant shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney 's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is 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 applicant. It is understood and agreed that the applicant agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. 6. It is understood and agreed that the applicant shall obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000. O0 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. August 25, 1998 - 40- Item VI-J. 7. c. ORDINANCES ITEM # 43981 (Continued) It is understood and agreed 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 impoundment easement encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100. 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE CITY'S VARIABLE WIDTH IMPOUNDMENT EASEMENT AT THE REA/~ OF 2188 BIERCE DRIVE BY DR. RONALD E. MODLINGER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Dr. Ronald E. Modlinger desires to construct and maintain a floating 8' X 10' wooden dock into the City's variable width impoundment easement designated as ~LAKE", located at the rear of Lot 1397, Section 23, South Shore Estate, Red Mill Farm Subdivision. WHEREAS, City Council is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way or property 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 ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dr. Ronald E. Modlinger, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a floating 8' X 10' wooden dock in the City owned impoundment easement designated as ~LAKE", located at the rear of Lot 1397, Section 23, South Shore Estate, Red Mill Farm Subdivision, as shown on the map entitled: "PHYSICAL SURVEY OF LOT 1397, SECTION 23 SOUTH SHORE ESTATE, RED MILL FARM 2188 BIERCE DRIVE VIRGINIA BEACH, VIRGINIA FOR RONALD E. MODLINGER" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria 37 38 39 40 41 42 43 44 45 46 contained in the Agreement between the City of Virginia Beach and Dr. Ronald E. Modlinger, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Dr. Ronald E. Modlinger 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 August , 1998. APPROVED AS TO ~ 2 WREPARED BY VIRGINIA BEACH CITY ATFORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(aX3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, madethis ..~o~dayof ,,4tq~'E/4 ,19q8},byand between the CITY OF VIRG~ BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and RONALD E. MODL1NGER, SINGLE, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. WITNESSETH: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 1397, Section 23, South Shore Estate, Red Mill Farm" and being further designated and described as "2188 Bierce Drive, Virginia Beach, Virginia 23454 · GPIN 2414-47-7378" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a floating 8' X 10' wooden deck in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such floating 8' X 10' wooden dock, it is necessary that the said party of the second part encroach into a portion of an existing City impoundment easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such floating 8' X 10' wooden dock within a portion of the City's impoundment casement. GPIN 2414-47-7378 .-3 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's impoundment easement for the 'purpose of constructing and maintaining such floating 8' X 10' wooden dock. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virgima Beach, and in accordance with the City of Virgima Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's impoundment easement as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 1397, SECTION 23 SOUTH SHORE ESTATE, RED MILL FARM 2188 BIERCE DRIVE VIRGINIA BEACH, VIRGINIA FOR RONALD E. MODLINGER," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is fmther expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's impoundment easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indenmify 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 fimher expressly understood and agreed that the party of the second part agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part shall obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as 3 applicable. The party of the second part also agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. It is fitrther expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's impoundment easement encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such 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. 4 IN WITNESS WHEREOF, Ronald E. Modlinger, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk ED AS TO CONTEN¥ SI~DNATURE DEPARTMENT L. Ronald E. Modifier x~ APPROVED AS TO LEGAL o, ""'-',"'~'~, ~c .... STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: of The foregoing instrument was acknowledged before me this day ,1998, by , CITY MANAGER / AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this of OF VIRGINIA BEACH. My Commission Expires: day ., 1998, by RUTH HODGES SMITH, City Clerk for the CITY Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: of The foregoing insmnnent was acknowledged before me this ~ ,1998, by Ronald E. Modlinger. day My Commission Expires: 6 LOCATION MAP SCALE: 1" = 1~600' / / / / / / / / / ,, ... I / / l I I / / / / / '/,,. / LOCATION / / / / ! ! / / / / / / / / / MAP FOR: " FLOATING 8' X 10' WOODEN D BY DR. RONALD MODLINGE ~AT 2188 BIERCE DRIVE / / / / / / / / / t / / / / / / / / / , / ,' ~CALE: '""/ / / / / / / / PREPARED BY P/W ENG. DRAFT. 18-MAY-1998 .~:.~ ~-,~,.~.~ .m m~ e.oPm~ ~T .. ~o~, . ,- . ..... - ~ ~,*"', · f' -~. ,.,. ~,.~ ..... ~.,.. .......... .~.. BIERCE ~Rl~ (50' R~ . .N ~~ ~ · .. ' . '..=:.' ~(~ . ~. ~:~_ ~ -i . . i ;:~' ' :~" g~ · ~ ~" - _ , ~(n...~ .' 1397 8 .-. ~KE . AREA- 23486 SO.~. ~MO~Y M. FA~ON.. ~oo INFORUA~: ~lS PeoP~ ~P~S ~ FA~ IN ~OOD ZONE X ~ND SUR~NO ~~.~X ~14 COMUUNI~ 1515~I P~ ~0E ~ M~L (7S7} g2~eB7a MR~NIA B~,~RaNIA F~ {?aT)~e-3?oe · OA~ 12-5-96.  --~H~iC~-SUR~y ~ .~ sc~1'-3o " - OF . ~ L~T 1397,SEC~ON 23 DA~ 5'27-07 SOU~ ~0~ ~A~ 'R~ MI~ FARM u ..~ rose ~, PRO.CT f 2188 BI.CE DRI~ '~ ~~.~ ~ PS1 PO 107 ~RGINIA BEACH.~RGINIA ~,. .,. FOR '" , ~OMALD E. H~~ - 41 - Item VI-J.& ORDINANCES ITEM # 43982 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: License Refunds - $16,657.07 Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID BALLENTINE INC BENISH, GEORGE P JR BONNIE BRITE INC BERGMAN, BROSMER & JEFFRI C TACKLE INC CHILDTIME CHILDCARE INC CONSOLIDATED STORES COR DECKER REALTY CORP DOCTORS ON CALL FORRER, JOSEPH A FRANKLEE INC GRASMAN, JAMES S GRIFFIN, SEBEN III GRUBB, MELVIN R HARRISON, BRUCE E KOH SYSTEMS INC RADZIEVVICZ, STANLEY J JR P D S TEMPORARY SERVICE RGSR.INC 1996-1997 AUDIT 2.56 0.32 2.88 1996-1998 AU D IT 159.39 0.00 159.39 1996-1998 AUDIT 10.00 (5.83) 4.17 1997 AUDIT 1,100.76 146.71 1,247.47 1996-1998 AUDIT 32.45 4.49 36.94 1997-1998 AUDIT 30.49 3.80 34.29 1995-1997 AUDIT 432.35 31.62 463.97 1996-1998 AUDIT 25.77 (0.50) 25.27 1995-1998 AUDIT 3,393.26 340.69 3,733.95 1995-1998 AUDIT 0.32 0.00 0.32 1996-1998 AUDIT 60.14 0.06 60.20 1996-1998 AUDIT 24.40 0.00 24.40 1995-1998 AUDIT 30.00 0.00 30.00 1996-1998 AUDIT 10.00 0.25 10.25 1996-1998 AUDIT 4.80 0.60 5.40 1995-1997 AUDIT 4,696.30 (111.76) 4,584.54 1996-1998 AUDIT 48.03 10.80 58.83 1996-1997 AU D IT 328.24 34.92 363.16 1996-1998 AU D IT 231.93 49.46 281.39 This ordinance shall be effective from date of adoption. The above abatement(s) to $11,126.82 City of Virginia Beach on the 25 were day Certified as to payment: i ip . K~llam ' Commissioner of the Revenue Approved as to form: Leslie1_. Lilley City Attorney approved by the Council of the of August ,19 98 Ruth Hodges Smith City Clerk FORM NO. C.A. a REV. 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 applicat!ons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AMERICAN MEDICAL LAB INC ATLANTIC KEY & LOCK INC BARTON, DANIEL NATTY BERNHEISER, SCOTT & SAWIN BLAZER FINANCIAL SERV INC BLAZER MORTGAGE SERV INC CONCRETE CREATIONS INC COX, EUGENE S JR CUSTOM IRRIGATION SYSTEM FAIR CREDIT CORPORATION FLOWERS ETC LLC GALLARDI, ANTHONY L GEHO, JOHN ROBERT GEHO, SHARI D HAMPTON ROADS DOCUMENT HARRIS, WILLIE J B IINC J BAKER INC JONES, SIDNEY H JR L & H CONTRACTING INC NATIONAL CLOSEOUTS INC PREFERRED PHYSICAL THERA TAUBMAN, NINA 1997 AUDIT 469.12 54.71 523.83 1996-1998 AUDIT 50.28 0.83 51.11 1998 07/24/98 28.50 0.00 28.50 1995-1998 AUDIT 109.87 5.50 115.37 1997-1998 AUDIT 49.79 0.83 50.62 1997-1998 AUDIT 869.82 30.32 900.14 1996-1998 AUDIT 629.28 54.42 683.70 1996-1997 AUDIT 30.00 0.00 30.00 1996-1998 AUDIT 0.16 0.00 0.16 1997-1998 AUDIT 94.98 1.58 96.56 1996-1998 AUDIT 46.32 5.66 51.98 1997-1998 AUDIT 246.34 4.42 250.76 1996-1998 AUDIT 30.00 0.00 30.00 1995-1996 AUDIT 30.00 0.00 30.00 1996-1998 AUDIT 88.43 0.00 88.43 1995-1998 AUDIT 30.00 0.00 30.00 1996-1997 AUDIT 478.93 53.61 532.54 1996-1997 AUDIT 1,283.49 156.23 1,439.72 1998 AUDIT 40.00 0.67 40.67 1995-1997 AUDIT 88.18 13.88 102.06 1998 AUDIT 422.30 7.04 429.34 1996-1998 AUDIT 6.88 1.49 8.37 1996-1998 AUDIT 13.47 2.92 16.39 This ordinance shall be effective from date of adoption. The above abatement(s) to $5,530.25 were approved 25 City of Virginia Beach on the day of Philip J.~Kellard ,'"'-'- - Commissioner of the Revenue Approved as to form: be~l~ L. Lil~-y' ~..___..~ City Attorney by the Council of the August ,~9 98 Ruth Hodges Smith City Clerk - 42 - Item VI-K. 1. RESOLUTIONS ITEM # 43983 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution to refer to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO) re Personal Watercraft (PWC) rentals Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William IV. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 1521 of the City watercraft rentals. hereto attached. A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO THE CITY ZONING ORDINANCE PERTAINING TO PERSONAL WATERCRAFT RENTALS WHEREAS, the Jet Ski Advisory Committee has requested the City Council to pursue, through the appropriate process with the Planning Commission, an amendment to the City Zoning Ordinance making the rental of personal watercraft a conditional use; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Sections 111, 236, 301, 401, 501, 601, 701, 901, 1001, 1110, 1501, 1511 and Zoning Ordinance, pertaining to personal A true copy of such proposed amendments is Adopted by the City Council of the City of Virginia Beach, Virginia, on the 25 day of august , 1998. CA-97-7098 wmm~ordres~perwater.res R-1 August 4, 1998 Approved as to Content: Department of Law Approved as to Legal Sufficiency: Department of Law AN ORDINANCE ESTABLISHING PERSONAL WATERCRAFT RENTALS AS A CONDITIONAL USE IN CERTAIN ZONING DISTRICTS 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SECTIONS AMENDED: CITY ZONING ORDINANCE SECTIONS 111, 236, 301, 401, 501, 601, 701, 901, 1001, 1110, 1501, 1511 and 1521 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 236, 301, 401, 501, 601, 701, 901, 1001, 1110, 1501, 1511 and 1521 of the City Zoning ordinance be, and hereby are amended and reordained, and shall read as follows: Sec. lll. Definitions. Marina, commercial. A facility for secure mooring of boats~ including facilities for storage and repair of boats and sale of boating supplies and fuel~ for use by pcrscns inclu~in~ the owner or resident of the lot, and those other than the owner or resident of the lot, upon which the facility is located. Marina, noncommercial. A facility for secure mooring of boats for use by pcrscns including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located, an~ that at which facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for. Personal Watercraft. A motorboat less than sixteen (16) feet in length which uses an inboard motor powering a jet pump as its primary motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than in thc conventional manner of sitting or standing inside, the vessel. 3 2 COMMENT 33 '34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 The definition of "personal watercraft" is substantially identical to the definition contained in Virginia Code Section 29.1-700. The changes to the definitions of "marina, commercial" and "marina, noncommercial" are stylistic in nature. Sec. 236. Marinas, commercial, noncommercial and community boat docks. (a) Location and site requirements. Commercial marinas, noncommercial marinas and community boat docks shall be so located as to be accessible from major roads without creating traffic congestion on minor streets through residential, apartment or hotel districts. (b) Parking requirements. A minimum of one (1) off-street parking space per boat slip shall be required, provided that where wheel launching ramps adjoin the parking area, the parking spaces all have a minimum dimension of twelve (12) feet by forty (40) feet. Where appropriate and conditions warrant, city council may require additional parking spaces. (c) Rentals of personal watercraft shall not be deemed to be an accessory use, and shall not be allowed except by conditional use permit. (d) The following shall apply to noncommercial and community boat docks only: (1) A security and maintenance plan is required at time of application. This plan shall address ownership of the facility, individuals or group responsible for maintenance, the methods proposed for limiting access to owners, members or their guests, to all docks, piers, launching ramps and parking areas and methods proposed for limiting hours of operation if required by itcm subparagraph (2) below. 2 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (2) Launching ramps, clubhouses, and parking areas on land which are to be open for use between the hours of 10:00 p.m. and 7:00 a.m. shall be at least three hundred (300) feet from the nearest lot line of any lot on which a residence is permissible. If any such areas or functions are not open between the hours indicated, the distance may be reduced to one hundred fifty (150) feet or if parking areas are enclosed by a solid masonry wall at least six (6) feet in height, the distance may be reduced to one hundred fifty (150) feet. (3) Rentals of personal watercraft shall not be permitted. COMMENT The substantive amendments to this section are in subsection (c), which provides that rentals of personal watercraft are allowed only by conditional use permit at commercial marinas, and in subsection (d) (3), which provides that rentals of personal watercraft are not permitted at noncommercial marinas. ARTICLE 3. Sec. 301. PRESERVATION DISTRICT Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the P-1 Preservation District. Those uses and structures shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than as specified shall be permitted. Use P-1 Personal watercraft rentals COMMENT The amendment specifically makes personal watercraft rentals a conditional use in the P-1 Preservation District. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 ARTICLE 4. AGRICULTURAL DISTRICTS. Sec. 401. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use Personal watercraft rentals AG-1 AG-2 COMMENT The amendment specifically makes personal watercraft rentals a conditional use in the AG-1 and AG-2 Agricultural Districts. 109 110 111 112 113 114 115 116 117 118 119 ARTICLE 5. RESIDENTIAL DISTRICTS. Sec. 501. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 4 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 Use · · · Personal watercraft rentals Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-SD R-SS R-2.5 COMMENT The amendment specifically makes personal watercraft rentals a conditional use in all Residential Districts. ARTICLE 6. APARTMENT DISTRICTS Sec. 601. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the A-12 through A-36 Apartment Districts. Those uses and structures in the respective apartment districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use Personal watercraft rentals A-12 A-18 A-24 A-36 COMMENT The amendment specifically makes personal watercraft rentals a conditional use in ali Apartment Districts. 5 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 ARTICLE 7. · · · Sec. 701. HOTEL DISTRICTS Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the H-1 Hotel District. Those uses and structures in the district shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the district. No uses or structures other than as specified shall be permitted. Use Personal watercraft rentals H-1 COMMENT The amendment specifically makes personal watercraft rentals a conditional use in the H-1 Hotel District. ARTICLE 9. BUSINESS DISTRICTS. Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified 6 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 shall be permitted. Use Personal watercraft rentals B-1 B-iA B-2 B-3 B-3A B-4 COMMENT The amendment specifically makes personal watercraft rentals a conditional use in the I-1 Industrial District. The amendment prohibits the use in the I-2 Industrial District. Personal watercraft rentals shall be permitted. Use I-1 I-2 Sec. 1001. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified ARTICLE 10. INDUSTRIAL DISTRICTS COMMENT The amendment specifically makes personal watercraft rentals a conditional use in the B-lA, B-2, B-3 and B-4 Districts. The amendment prohibits the use in the B-1 and B-3A Districts. 202 ARTICLE 15. RESORT TOURIST DISTRICTS. 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 Sec. 1501. RT-1 RESORT TOURIST DISTRICT Use regulations. (b) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of Part C of article 2 hereof: (3.1) Personal watercraft rentals; COMMENT The amendment specifically makes personal watercraft rentals a conditional use in the RT-1 Resort Tourist District. B. RT-2 RESORT TOURIST DISTRICT Sec. 1511. Use regulations. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of Part C of article 2 hereof; provided, however, that except as set forth in subdivision (5.5), drive-through facilities shall not be permitted as a conditional or accessory use: (14.5) Personal watercraft rentals; COMMENT The amendment specifically makes personal watercraft rentals a conditional use in the RT-2 Resort Tourist District. 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 Sec. 1521. RT-3 RESORT TOURIST DISTRICT Use regulations. (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of Part C of article 2 hereof; provided, however, that except as set forth in subdivision (5.5), drive-through facilities shall not be permitted as a conditional or accessory use in any portion of the district east of Arctic Avenue, south of Winston-Salem Avenue and 4th Street, or north of 35th Street: (14.5) Personal watercraft rentals; COMMENT The amendment specifically makes personal watercraft rentals a conditional use in the RT-3 Resort Tourist District. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1998. CA-98-7098 wmordres\perwat.com R-1 August 4, 1998 APPROVED AS TO CONTENT: Department of Law APPROVED AS TO LEGAL D[p~artment' of Law - 43 - Item VI-L. PUBLIC HEARING ITEM # 43984 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 2. KURT AND LA URIE NEITZKE VARIANCE 3. EXXON CORPORATION CONDITIONAL USE PERMIT 4. CHURCH OF GOD OF PROPHERCY CONDITIONAL USE PERMIT 5. AZALEA GARDEN CHURCH OF GOD CONDITIONAL USE PERMIT 6. SPRING BRANCH COMMUNITY CHURCH CONDITIONAL USE PERMIT 7. ELDER HEALTHCARE DEVELOPERS, L.L.C. CHANGE OF ZONING AND CONDITIONAL USE PERMIT 8. McGINNIS REAL TY & DEVELOPMENT COMPANY CONDITIONAL CHANGE OF ZONING CHICK'S BEACH I, LLC CHANGE OF ZONING August 25, 1998 - 44 - Item VI-L. PUBLIC HEARING ITEM g43985 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 2, 4, 5, 6 and 7 of the PLANNING BY CONSENT. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 - 45 - Item VI-L. 1. PUBLIC HEARING ITEM # 43986 PLANNING City Council took NO ACTION. Applications of BECO BUILDING ASSOCIATES, a Virginia general partnership on the North side of Princess Anne Road beginning at a point 800 feet more or less West of Seaboard Road, containing 105.96 acres (DISTRICT 7- PRINCESS ANNE): Change qf Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential District Conditional Use Permit for an Open Space Promotion These applications were DEFERRED INDEFINITEL Y by the Planning Commission on August 12,1998. August 25, 1998 - 46- Item VI-L. 2. PUBLIC HEARING ITEM # 4398 7 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the application of KURT and LAURIE NEITZKE for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all newly created lots must have direct access to a public street: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Kurt & Laurie Neitzke.. Property is located at 4400 Shore Drive. DISTRICT4 - BAYSIDE The following conditions shall be required: The City owned strip adjacent to the lake shall be maimtained in its natural state as a buffer to minimize potential eorsion of the lake slope. 2. Because the proposedproperty line bisects the existing shed, it must be removed prior to final plat recordation. 3. A final plat shall be submitted to the Development Services Center for approval and recordation. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 -47- Item VI-L.3. PUBLIC HEARING ITEM ii 43988 PLANNING The following represented the applicant: Steve Romine, 4705 Columbus Street, Phone: 552-6031, Steve Rhodes, Exxon Commercial Real Estate, 13908 Beechwood Point Road, Midlothian, Virginia, Phone (804 739-0159) Chris Taylor, Exxon Engineer Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL CITY COUNCIL MEETING OF OCTOBER 13,1998, the Ordinance upon Application of EXXON CORP : ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMITFOR A GASOLINE STATION R0898 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Exxon Corporation for a Conditonal Use Permit for a gasoline station in conjunction with a convenience store at the southwest corner of Virginia Beach Boulevard and Rosemont Road. Said parcel is located at 3673 Virginia Beach Boulevard and contains 36,154.8 square feet. DISTRICT 5 - L YNNHA VEN. The applicant will return with revised building and canopy designs as the ones depicted in Chesapeake and Suffolk. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 - 49- Item VI-LS. PUBLIC HEARING ITEM # 43990 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of AZALEA GARDEN CHURCH OF GOD for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF AZALEA GARDEN CHURCH OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND SCHOOL/DAY-CARE R08982214 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Azalea Garden Church of God for a Conditional Use Permit for a church and school/day-care on the west side of Centerville Turnpike, south of Jake Sears Road. Said parcel is located at 1541 Centerville Turnpike and contains 8.92 acres more or less. DISTRICT 1 - CENTER VILLE The following conditions shall be require& The site shall be developed in accordance with the plan entitled, "Church Facility for Azalea Garden Church of God," dated April 8, 1998 andprepared by Verebely & Associates, Architects. Adjustments may be made during detailed site plan review to accommodate a buffer along the southern property line. The church building must adhere to the rendering on file in the Planning Department. The roof will consist of a decorative metal in a dark bronze color. The walls will be constructed of a colonial red brick. A right turn lane a minimum ofl5Ofeet in length with a 150-foot transition is required. The right-of-way for this improvement must be dedicated with the site plan. This Ordinance shall be effective in accordance with Section 107 (_D of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twent~-l~fth of August, Nineteen Hundred and Ninety-Eight Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 - 50- Item VI-L6. PUBLIC HEARING ITEM # 43991 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application ofSPRING BRANCH COMMUNITY CHURCH for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF SPRING BRANCH COMMUNITY CHURCH FOR A CHURCH AND RELATED FACILITIES R08982215 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Spring Branch Community Church for a Conditional Use Permit for a church and related facilities on the east side of North Great Neck Road, north of Harbor Lane. Said parcel is located at 1510 North Great Neck Road and contains 9.1 acres. DISTRICT 5 - L YNNHA VEN. The following conditions shah be required: The project must be developed in accordance with the site plan and renderings presented to the Planning Commission on July 8, 1998, and on file in the Department of Planning. The future parking spaces planned for the proposed church must be oriented inward away from the adjacent residentially zoned properties. The intent of this condition is to ensure that the future parking does not result in headlights directed towards the existing and future neighborhoods bordering the subject site on the northern and southern sides. 3. The ballfield planned on the rear portion of the site shall not be illuminated. Use of the field will not be permitted after sundown. This Ordinance shah be effective in accordance with Section 107 (J) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of August, Nineteen Hundred and Ninet_¥-Eight. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 - 51 - Item VI-L. 7. PUBLIC HEARING ITEM # 43992 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinances upon application of ELDER HE ,IL THCARE DEVELOPERS, L.L.C. fora Change of Zoining District Classification and Conditional Use Permit: ORDINANCE UPON APPLICATION OF ELDER HEALTHCARE DEVELOPERS, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Z08981108 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Ordinance upon application of Elder Healthcare Developers, L.L. C. For a Change of Zoning District Classification from B-2 Community Business District to 0-1 Office District at the southwest intersection of Holland Road and South Independence Boulevard. The propposed zoning Classification change to 0-1 is for office land use. The Comprehensive Plan recommend use of this parcel for office and commercial use in accordance with other Plan policies. Said parcel contains 7. 787 acres. DISTRICT 2 - KEMPSVILLE. VIRGINIA AND, ORDINANCE UPON APPLICATION OF ELDER HEALTHCARE DEVELOPERS, L.L. C. FOR A CONDITIONAL USE PERMIT FOR AN ASSISTED LIVING FA CILITY R08982217 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Elder Healthcare Developers, L.L.C. for a Conditional Use Permit for an assisted living facility at the southwest intersection of Holland Road and South Independence Boulevard. Said parcel contains 7. 787 acres. DISTRICT 2 - KEMPSVILLE. The following conditions shall be required: The Conditional Use Permit approval shall allow for the establishment of an assisted living facility consisting of 94 assisted living beds and 16 independent living units. Development and landscaping shall substantially adhere to the submitted site plan entitled, "Atria Communities at Marco Island, Preliminary Landscape Plan, "dated June 24, 1998, and on file in the Department of Planning. The architecture and building materials for the main structure shall substantially adhere to the colored rendering entitled "Atria Communities, Assisted Living Facility, Elder HealthCare Developers, Architects Reed Reinvald dohnson Willows, "onfile with the Planning Department. Either color option A or B may be utilized. The architecture and building materials for the cottages shall substantially adhere to the colored rendering entitled, "Front Elevation - Triplex Unitrm Unit, Pate Design Group, Inc." Colors shall be coordinated with the main structure. August 25, 1998 - 52 - Item VI-L. 7. PUBLIC HEARING ITEM # 43992 (Continued) PLANNING The freestanding sign shall be monument style and adhere to the submitted sign plan on file with the Planning Department, with colors and building materials in keeping with the main building. 6. A 50-foot bufffer of existing trees and undergrowth will be maintained adjacent to the Larkspur residential neighborhood. Disturbance is limited to connection to utilities or drainage structures, or to perform work required to obtain Permits. This condition is a reflection of the condition in the sales contract between the City of Virginia Beach (owner of the site) and the purchaser, Elder HealthCare Developers, LLC. 7. A residential sprinkler system shall be installed in the independent living facilities as approved by the Office of Fire/Plans Review and the City Fire Protection Engineer. In the larger building, an automatic sprinkler system and an automatic fire alarm system approved by the Office of Fire~Plans Review and the city Fire Protection Engineer shall be installed. Such systems shall comply with NFPA 13R and NFPA 13. These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -fifth of August, Nineteen Hundred and Nine~-Eight. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 - 53 - Item VI-L. 8. PUBLIC HEARING ITEM # 43993 PLANNING Attorney R. Edward Bourdon, Pembroke One, 5th Floor, Phone: 499-8971, represented Mr. And Mrs. Griffin, adjoining property owners. Upon motion by Council Lady Henley, seconded by Council Lady Eure, City Council DEFERRED INDEFINITELY an Ordinance upon application of MCGINNIS REALTY & DEVELOPMENT COMPANY for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF MCGINNIS REALTY & DEVELOPMENT COMPANY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 & AG-2 to CONDITIONAL R-lO Ordinance upon application of McGinnis Realty and Development Company for a Conditional Change of Zoning District Classification form AG-1 & AG-2 Agricultural Districts to Conditional R-10 Residential District on certain property located on the east side of Holland Road beginning at a point 284.20feet south of Saville Garden Way. 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 residential~low density at densities that are compatible with single-family use in accordance with other Plan policies. Said parcel contains 13 acres. DISTRICT 7 - PRINCESS ANNE. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: August 25, 1998 - 54 - Item VI-L. 9. PUBLIC HEARING ITEM # 43994 PLANNING Attorney R. Edward Bourdon, Pembroke One, 5th Floor, Phone: 499-8971, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of CHICK'S BEACH I, LLC, fora Change of Zoning District Classification: ORDINANCE UPONAPPLICATION OF CHICK'S BEA CHI, LLC, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 & R-5R to R-2.5 with a PD-H2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Chick's Beach I, LLC for a Change of Zoning District Classification from B-1 Neighborhood Business District & R-5R Residential Resort District to R-2.5 Residential Townhouse District with a PD-H2 Planned Unit Development District Overlay on the west side of Pleasure House Road, north of Lee Avenue. The proposed zoning classification change to R-1.5 with a PD-H2 Overlay is for residential townhouse land use on lots with a minimum lot area of 2, 500 square feet. The Comprehensive plan recommends use of this parcel for suburban residential/medium & high density use for the R-5R portion and commercial use for the B-1 portion at densities that are compatible with single-family use in accordance with other Plan policies. Said parcel is located at 2529 Pleasure House Road and contains. 9671 acre. DISTRICT 4- BA YSIDE. The following conditions shall be require& The site plan, unit elevations, set backs, landscaping, fencing, and construction materials for this PD-H2 shall substantially adhere to the applicant's submittal entitled "Pleasure Lake Commons, Pleasure House Road, Virginia Beach, Virginia," developed by HBA Design Build for Chick's Beach I, LLC, May 1, 1998. This booklet is on file with the Planning Department and includes the following: a. The fence setback from Beaufort Avenue is O feet and the fence setback from Pleasure House Road is 2 feet, both with landscaping as depicted. b. The building setback from Pleasure House Road shall be 29feet. c. The building setback from Beaufort Avenue shall be 30feet. d. Side yard setbacks shall be 15feet. e. Each dwelling unit shall have two parking spaces in addition to the garage, as shown on the submitted plans. f A maximum of 4 duplex buildings for a total of 8 units shall be allowed. g. A minimum of 6651 square feet of the property in the center of the project shall be for passive recreational, landscaped open space as depicted on the site plan. h. Maximum building height is 35feet. i. Any identification signage shall be located on the Face of the wall along Pleasure House Road and shall be externally illuminated. Sign size shall adhere to Section 504 of the City Zoning Ordinance. j. Any accessory structures shall adhere to the established setbacks. k. Each unit shall have two parking spaces outside of the garage. August 25, 1998 - 55 - Item VI-L. 9. PUBLIC HEARING ITEM # 43994 (Continued) PLANNING 2. A detailed tree preservation plan shah be submitted to the Planning Director for approval prior to site plan approval. The serpentine brick fence shown along Pleasure House Road with a height of 4'8" must be reduced to a maximum height of 4 feet 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 Twen_ty-fifth of August, Nineteen Hundred and Ninety-Eight. Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy If,. Parker, Vice Mayor William D. Sessoms, Jr. and A. 34. "Don" Weeks Council Members Voting Nay: None Council Members Absent: HaroM Heischober August 25, 1998 - 56- Item VI-M. 1. .4PPOINTMENTS ITEM # 43995 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: DEVELOPMENT.4 UTHORITY PARKS AND RECREATION COMMISSION August 25, 1998 -57- Item VI-M. 2. APPOINTMENTS ITEM # 43996 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Salvatore R. Iaguinto 3-Year Term 9/01/98 - 8/31/2001 Sarah E. Weaver Student I-Year Term 9/01/98 - 8/31/99 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 - 58- Item VI-N. 1. NEW BUSINESS ITEM # 45996 Mark Marchbank, Fire Department, advised relative Hurricane "Bonnie ", the staff participated in a Briefing from the National Weather Service at 5:00 P.M. There was a dramatic change from the earlier forecast in terms of extremes. There should be 45 mile-an-hour winds to commence Wednesday in the 9:00 A.M. to 10:00 A.M. timeframe and Hurricane force winds much later in the afternoon and certainly not to the extreme of the 100 mile-an-hour previously predicted. Winds should be at the 75 mile-an-hour level. The tidal surge has been scaled down to the 2 to 3-foot level The City will open emergency shelters for residents in certain vulnerable areas and situations. August 25, 1998 - 59 - Item VI-N.2. NEW B USINESS ITEM it 4399 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADDED TO THE AGENDA: Ordinance to authorize the City Manager to declare a Local Emergency in threat of Hurricane "Bonnie". Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 Item VI-N.$. NEW B U$INE$$ ITEM # 43998 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize the City Manager to declare a Local Emergency in threat of Hurricane "Bonnie': Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO DECLARE A LOCAL EMERGENCY DUE TO THE IMMINENT THREAT OF DISASTER POSED BY HURRICANE BONNIE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, in accordance with the Virginia Emergency Services and Disaster Law [§ 44-146.13 et seq. of the Code of Virginia, as amended], City Council, by adoption of § 2-411 of the City Code, created the Office of Emergency Management and appointed the City Manager as the Director of Emergency Management; WHEREAS, pursuant to § 44-146.21 of the Code of Virginia, as amended, ~[a] local emergency may be declared by the local director of emergency services with the consent of the governing body of the political subdivision ...; and WHEREAS, City Council has been advised by the City's Coordinator of Emergency Services that Hurricane Bonnie poses an imminent threat of disastrous weather and flood conditions, serious and extensive property damage, and loss or interruption of vital City services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to § 44-146.21 of the Code of Virginia, as amended, City Council hereby authorizes the City Manager, as the City's Director of Emergency Management, to declare a Local Emergency due to the imminent threat of disaster posed by Hurricane Bonnie, which declaration shall be in substantially the form set forth in Exhibit A, attached. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of August, 1998. 30 31 32 33 34 35 36 37 38 39 CA-7134 ORDIN\NONCODE\BONNIE.ORD R-1 PREPARED: 8/25/98 APPROVED AS TO CONTENT: ~Jic~oUEmer~ency Management APPROVED AS TO LEGAL SUFFICIENCY: 2 EXHIBIT A DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of disastrous weather and flood conditions, serious and extensive property damage, and loss or interruption of vital City services posed by Hurricane Bonnie to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to § 44-146.21 of the Code of Virginia, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by State and local law, rules, regulations and plans as may be necessary to adequately and appropriate respond to said Local Emergency. James K. Spore, City Manager and Director of Emergency Management Date Time G:~DATA\ORDINXNONCODE~-IURRI.EXA - 61 - Item VI-N. 4. NEW B USINESS ITEM # 43999 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADDED TO THE AGENDA: Resolution in support of improvements to Routes 17 and 168 requesting the Commonwealth Transportation Board expedite construction Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 Item VI-NM. NEW B USINESS ITEM # 44000 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution in support of improvements to Routes 17 and 168 requesting the Commonwealth Transportation Board expedite construction Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: HaroM Heischober August 25, 1998 Requested by Mayor Meyera E. Oberndorf and Councilmembers Harold Heischober and Linwood O. Branch, III 1 2 3 4 A RESOLUTION EXPRESSING THE SUPPORT OF THE CITY COUNCIL FOR THE IMPROVEMENTS TO ROUTES 168 AND 17 AND REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD TO EXPEDITE THEIR CONSTRUCTION 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, improvements to Route 168 from the Great Bridge Bypass to the North Carolina state line, as well as improvements to Route 17 between Route 104/Dominion Boulevard and the North Carolina state line, have been needed for many years; and WHEREAS, the said improvements are of great importance to the Hampton Roads Region, inasmuch as they will greatly enhance the safety of travelers upon such roads and will facilitate commerce between Hampton Roads and the State of North Carolina; and WHEREAS, it is the sense of the City Council that the proposed improvements to Routes 168 and 17 should be commenced and completed as soon as possible for the welfare of the citizens of, and visitors to, Hampton Roads and the Commonwealth of Virginia; and WHEREAS, the City Council has been steadfast in its support of the improvements to both highways; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby reaffirms and proclaims its full and complete support for the proposed improvements to Routes 168 and 17. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Commonwealth Transportation Board be, and hereby is, requested to expedite, by all possible and lawful means, the commencement of construction of the aforesaid improvements. 29 30 31 The City Clerk is hereby directed to forward a true copy of this Resolution to the Secretary of the Commonwealth Transportation Board. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25 day of August , 1998. 34 35 36 37 CA-98-7132 wmm~ordres\ctb.res R-1 August 24, 1998 2 Item VI-N. 6. NEW BUSINESS ITEM # 44001 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADDED TO THE AGENDA: Extend the Resort Area Advisory Commission (RAAC) as an appointive commission from 8/31/98 to 9/30/98 Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 Item VI-N. 7. NEW B USlNESS ITEM # 44002 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED: The Resort Area Advisory Commission (RAAC), as an appointive commission be extended from 8/31/98 to 9/30/98 Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyers E. Ob~rndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 Item VI-P. ADJOURNMENT ITEM # 440O3 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:00 P.M. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 25, 1998 Item VI-P. ADJOURNMENT ITEM # 44003 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:00 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk MayorMeyera EMgberndorf /- City of Virginia Beach Virginia August 25, 1998