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NOVEMBER 2, 1993 MINUTES~it~ o£ Vi~~ir~~ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE ~dAYOR WILLIAM D SESSOMS JR, At-Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH III, Vzrgmza Beach Borough JAMES W BRAZIER, JR, Lynnhaven Borough ROBER F W CLYBURN, Kempsvzlle Borough ROBERT K DEAN, Pnncess Anne Borough LOUIS R JONES, Baysade Borough PAUL J LANTEIGNE, Pungo Borough JOHN D MOSS, At Large NANCY K PARKER, At Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY C*ty Attorney RUTH ttODGES SMITH, CMC / AAE, City Clerk CITY COUNCIL AGENDA 281 ( 17 Y ttALL BUILDI,NG MUNI( IP4L CENT ER VIR(,I~II4 BEA( H VIRGI~iI4 23450 9005 18041 427 4303 NOVEMBER 2, 1993 CITY MANAGER'S BRIEFINGS - Council Chamber - 9:00 AM A. LONG-TERM HOUSING AND NEIGHBORHOOD STRATEGY Andrew M. Friedman, Director, Housing and Neighborhood Preservation Bo RURAL AREA AMENDMENTS Robert J. Scott, Director, Planning II. FY 1993-94 / 1998-99 CAPITAL IMPROVEMENT PROGRAM WORKSHOP E. Dean Block, Director, Management and Budget A. VIRGINIA MARINE SCIENCE MUSEUM FUNDING B. RECONCILIATION OF ClP III. INFORMAL SESSION A, B° CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION - Council Chamber - 12:30 PM IV. FORMAL SESSION - Council Chamber - 2:00 PM Ao B, C° CALL TO ORDER - Mayor Meyera E. Oberndod INVOCATION: Reverend James B. Grimmer Foundry United Methodist Church 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 - October 26, 1993 G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. . Resolution directing the City Manager to request the State Board of Corrections reimburse a portion of the cost of lighting renovations to the Virginia Beach City Jail. . Resolution requesting the General Assembly APPROPRIATE $75,000 re Virginia State Games to be held in Hampton Roads in June 1994; and, APPROPRIATE $75,000 for the games to be held in Richmond in 1995; and, requesting the State Department of Tourism to assist in marketing and promoting the games. . Ordinance to TRANSFER $649,780 from FY 1994 CIP appropriations of Strawbridge Elementary School, Kemps Landing renovations and Corporate Landing Elementary School to Ocean Lakes High School on a loan basis re timely continuation of this school project. . Ordinance authorizing acquisition of property in fee simple for right-of-way re Independence Boulevard Phase IV-A (CIP 2-987); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. . Ordinance authorizing and directing the City Manager advertise an Invitation to Bid for the lease of a parcel of City-owned property at Rosemont Road and Street A, containing approximately 1,862 square feet, re construction, maintenance and operation of a communications antenna and related appurtenances for the Public Works Department. 6. Ordinance authorizing Tax Refunds in the amount of $139,691.05. H. ORDINANCES/RESOLUTION . Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Ocean View Avenue and Fentress Avenue to B & J, Ltd. of Virginia, re rebuilding the fire-damaged restaurant (Alexander's On The Bay). 1 WILLIAMS HOLDING CORPORATION property in Transition Area III along Seaboard Road, near Foxfire Subdivision (PRINCESS ANNE BOROUGH): a. b. c. Ordinance declaring EXCESS property and authorizing the City Manager to dispose of same. Ordinance to TRANSFER $1,851,200 re purchase of 290.82 acres of property for development of a standard quality golf course and provision of additional open space to the City's Greenway System along West Neck Creek. Resolution to exercise a purchase option as described in the Agreement dated April 20, 1993 between the City and Williams Holding Corporation for a public golf course. I. PUBUC HEARING 1. PLANNING a. Ordinance to AMEND and REORDAIN Section 502 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, re Dimensional Requirements; and, AMEND the Appendix to the Comprehensive Plan re Shadowlawn Infill Development Guidelines. Deferred: October 26, 1993 Recommendation: APPROVAL J. APPOINTMENTS HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION HISTORICAL REVIEW BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS 1. Schedule PUBLIC HEARING for annual SCHOOL BOARD APPOINTMENTS 2. Reschedule CITY COUNCIL SESSIONS -December 1993 M. ADJOURNMENT ** CITY COUNCIL PUBUC HEARINGS ** NOVEMBER 9, 1993 Formal Session (FY 1993-94 /1998-99 Capital Improvement Program) NOVEMBER 23, 1993 Formal Session (FY 1993-94 /1998-99 Capital Improvement Program) 6~0 PM If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 10/27/93/cmd AGENDA\I 1-2-93.1TM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, V~rginia November 2, 1993 Councilman Baum called to order the CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 2, 1993 at 9:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert Dean, Louis R. Jones, Paul J. Lanteigne and Nancy IC Parker Council Members Absent: Mayor Meyera E. Oberndorf (ENTERED: 9:12 A.M. Mayor was Voting) James W. Brazier, Jr. (ENTERED: 11:15 A.M. John D. Moss (ENTERED: 9:45 A.M.) Vice Mayor William D. Sessorns, Jr. (ENTERED: 11:27 A.M.) Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed there are no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. -2- CITY MANAGER'S BRIEFING LONG-TERM HOUSING AND NEIGHBORHOOD STRATEGY 9:00 A.M. ITEM # 37348 City of Virginia Beach WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 November 2, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Mumcipal Center Virginia Beach, Virginia 23456 Re' Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the November 2, 1993, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virglma Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a "personal interest," as defmed in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, Wdham D Sessoms, Jr Vice-Mayor WDS,Jr./dmc -3- CITY MANAGER'S BRIEFING LONG-TERM HOUSING AND NEIGHBORHOOD STRATEGY ITEM # 37348 (Continued) Mr. Friedman cited the Priority Goals for Housing and Neighborhood Preservation Activities: Completion of Target Neighborhood Revitalization in Seatack and Queen City. Maintaining the condition of housing and neighborhoods in areas with a high percentage of substandard housing. Attaching social, physical and criminal problems in CARE neighborhoods. Providing increased opportunities for low income households to obtain decent, safe and affordable rental housing and homeownership utilizing the existing housing stock. Assisting existing homeowners in areas with a high percentage of substandard housing to maintain their housing as decent and safe. Increasing the provision of self-sufficiency opportunities for the homeless. Providing rehabilitation and connection fee assistance to owners of housing in substandard utility areas. Increasing the availability of Federal, State and private funds, and increasing private sector participation in all housing and neighborhood preservation activities. Increasing organized neighborhood involvement in neighborhood improvement activities. Developing a program and funding to address the problem of dilapidated housing in rural Virginia Beach. Remove barriers to equal housing opportunities in all areas of the housing industry. Increasing communication with the public regarding all of the above issues. These are not just activities of the Department of Housing and Neighborhood Preservation, key roles are also played by the Police Department, Social Services, and the Departments of Health and Mental Health. The provision of community policing and the enhancement to the neighborhood safety is a key portion of mala'ng neighborhoods decent, safe and liveable. November 2, 1993 -4- CITY MANAGER'S BRIEFING RURAL AREA AMENDMENTS 9:58 A.M. ITEM # 37349 Robert J. Scott, Director of Planning, presented City Council with information relative AMENDMENTS for the Southern Rural Preservation Area of the City of Virginia Beach for the Comprehensive Plan and the City Zoning Ordinance. A VERBATIM of this Briefing has been distributed to all Members of City Council and is hereby made a part of the record. November 2, 1993 -5- ITEM # 37350 Mayor Meyera E. Oberndorf called to order the CAPITAL IMPROVEMENT PLAN WORKSHOP of the VIRGINIA BEACH CITY COUNCIL re VIRGINIA MARINE SCIENCE MUSEUM FUNDING and a RECONCILIATION of the CIP in the Council Chamber, City Hall Building, on Tuesday, November 2, 1993, at 11:30 A.M. BY CONSENSUS, City Council concurred in RESCHEDULING the FIRST READING of the FY 1993- 94/1998-99 Cap~ Improvement Program from November 9, 1993 to November 23, 1993. The Public Hearing shall remain SCHEDULED for November 9, 1993. Voting: 11-0 Council Members Present: John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None November 2, 1993 -6- ITEM # 37351 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 2, 1993, at 1:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert IV.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None November 2, 1993 -7- ITEM # 37352 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 purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidate 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). Appointments - Boards and Commissions: Hampton Roads Air Pollution District Commission Historical Review Board Human Rights Commission Resort Area Advisory Commission PUBLICLY-HELD pROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(.4)(3). To-Wit: Land Acquisition - Beach Borough Land Acquisition - Burton Station LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(,/1)(7). To-Wit: Interpretation/R5-S Zoning Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIF~ SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood 0 Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 -8- FORMAL SESION VIRGINIA BEACH CITY COUNCIL November 2, 1993 2:00 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, November 2, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend James B. Grimmer Foundry United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 2, 1993 -9- Item IV-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37353 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor W~lliam D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: Thc Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 37352, Page No. 7, and in accordance with thc provisions of Thc Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk November 2, 1993 - 10 - Item IV- F. 1. MINUTES ITEM # 37354 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 26, 1993. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis t~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 - 11 - Item IV-G. CONSENT AGENDA ITEM # 37355 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4,5 and 6 of the CONSENT AGEND/L Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 - 12 - Item IV-G.i. CONSENT ,4 GEND,4 ITEM # 37356 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution directing the City Manager to request the State Board of Corrections reimburse a portion of the cost of lighting renovations to the Virginia Beach City Jail. Voting: 11-0 Council Members Voting Aye: John ,4. Baurn, Linwood O. Branch, III, James VK. Brazier, Jr., Robert W. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy ~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 A RESOLUTION DIRECTING THE CITY MANAGER TO REQUEST THE STATE BOARD OF CORRECTIONS TO REIMBURSE A PORTION OF THE COST OF LIGHTING RENOVATIONS TO THE VIRGINIA BEACH CITY JAIL 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 WHEREAS, the lighting in inmate housing areas at the Virginia Beach Jail was cited by the Board of Corrections for being inadequate; WHEREAS, the Virginia Beach Sheriff's Office has completed all of the required work and renovations necessary to comply with the Board of Corrections Minimum Standards for Local Jails and Lockups and has received from the Board of Corrections an Unconditional Certification of the Jail; WHEREAS, the cost of these lighting renovations amounted to $17,827.00 which was paid from the Virginia Beach Sheriff's Office budget; and WHEREAS, as provided by Section 53.1-80 of the Code of Virginia, 1950, the City is authorized to request from the Board of Corrections of the Commonwealth of Virginia reimbursement of a portion of the cost of such lighting renovations; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager, for and on behalf of the City of Virginia Beach, is hereby directed to request from the Board of Corrections of the Commonwealth of Virginia reimbursement in the amount of twenty five percent (25%), or the maximum allowed by law, of the cost of lighting renovations recently completed in the inmate housing areas of the Virginia Beach City Jail. BE IT FURTHER RESOLVED: That any funds reimbursed by the Board of Corrections will be appropriated to the Sheriff's Office Special Revenue Fund. Adopted by the Council of the City of Virginia Beach, November , 1993. Virginia, on the 2 day of CA-5342 ORDIN\NONCODE\JAIL.RES R-3 PREPARED: October 27, 1993 - 13 - Item 1V-G.2. CONSENT AGENDA ITEM # 37357 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution requesting the General Assembly APPROPRL4TE $75,000 re Virginia State Games to be held in Hampton Roads in June 1994; APPROPRIATE $75,000 for the games to be held in Richmond in 1995; and, requesting the State Department of Tourism to assist in marketing and promoting the games. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO APPROPRIATE $75,000 FOR THE VIRGINIA STATE GAMES TO BE HELD IN HAMPTON ROADS IN JUNE OF 1994, AND TO APPROPRIATE $75,000 FOR THE GAMES TO BE HELD IN RICHMOND IN 1995, AND REQUESTING THE STATE DEPARTMENT OF TOURISM TO ASSIST IN MARKETING AND PROMOTING THE GAMES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Virginia State Games (the "Games") exist to promote the health and physical education of our youth and adults in the spirit of sportsmanship and fair play; WHEREAS, the Games will be held for the first time in Hampton Roads June 7 though 12, 1994, before returning to the Richmond area in 1995; WHEREAS, the Games will be a joint effort between the Hampton Roads Chamber of Commerce, Sports Promotion Task Force and Virginia Beach Unlimited in full cooperation with Sports Virginia; WHEREAS, competition will be held in at least 35 different sports from archery to weight lifting, and will involve 6,000 participants who are expected to generate gross revenue in the amount of $3.2 million; WHEREAS, the event producers will be marketing packages for participants and spectators through a ten-state area to ensure maximum participation; WHEREAS, the events will be held throughout Hampton Roads, and visitors will be treated not only to sports competition, but also the natural attractions of the area; and WHEREAS, the General Assembly previously supported a similar event called the Commonwealth Games by providing financial assistance and encouraging corporate support. 32 33 34 35 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly is hereby requested to appropriate $75,000 for the Virginia State Games to be held in Hampton Roads in June of 1994, and to appropriate $75,000 for the Games to be held in Richmond in 1995; 38 39 40 41 42 43 BE IT FURTHER RESOLVED: That the State Department of Tourism is directed to offer their full support in marketing and promoting the Games to potential markets outside of the Commonwealth; and BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to provide a copy of this Resolution to one or more members of the City's local delegation to the General Assembly. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of November , 1993. 46 47 48 49 CA-5340 ORDIN\NONCODE\GAMES.RES R-1 PREPARED: October 26, 1993 - 14 - Item IV-G. 3. CONSENT AGENDA ITEM # 37358 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $649,780 from FY 1994 CIP appropriations of Strawbridge Elementary School, Kemps Landing renovations and Corporate Landing Elementary School to Ocean Lakes High School on a loan basis re timely continuation of this school project. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 AN ORDINANCE TO TRANSFER FUNDS OF $649,780 TO PROJECT #1-010 OCEAN LAKES HIGH SCHOOL TO ALLOW TIMELY CONTINUATION OF PROJECT ACTIVITY WHEREAS, ~n order to allow t~mely continuation of project act~wty, funding ~n the amount of 8649,780 must be accelerated for Project #1-010 Ocean Lakes H~gh School; WHEREAS, the project ~s programmed to receive an additional $3,330,000 ~n the 7 Proposed FY 1993-94 CIP subject to adoption by Council ~n late November 1993; 10 WHEREAS, to avoid any delays ~n the completion of the project, the School Admsn~strat~on has requested that funds ~n the amount of 9649,780 be transferred to Project #1-010 on a loan bas~s w~th the loan to be repaid upon approval of additional funds for the 11 project. 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 That funds ~n the amount of 9649,780 are hereby transferred as shown below to 15 allow t~mely continuation of Project #1-010 Ocean Lakes H~gh School. 16 17 18 19 Transfer from: Project #1-011 Strawbndge Elementary School Project #1-050 Kemps Landing Renovations Project #1-980 Corporate Landing Elementary School 100,000 100,000 449,780 20 21 Transfer to: Project #1-010 Ocean Lakes H~gh School 9649,780 22 This ordinance shall be effective on the date of ~ts adoption. 23 24 Adopted by the Councd of the C~ty of V~rgln~a Beach, Virginia on the ~ November , 1993. 2 day of APPROVED AS TO CONTENT: Walter C. Kraeme~J~. Dept. of Management and Budget - 15 - Item IV-G. 4, CONSENT AGENDA ITEM # 37359 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing acquisition of property in fee simple for right-of- way re Independence Boulevard Phase IV-A (CIP 2-987); and, acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 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 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR INDEPENDENCE BOULEVARD PHASE IVA (CIP 2-987) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.1- 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq., Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the Map entitled "LOCATION MAP," this Map being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands. If refused, the city Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia 2 day of November , 1993. Beach, Virginia, on the CA-5325 NONCODE\CA5325.ORD R-1 A~%ED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEaL - 16 - Item IV-G.$. CONSENT AGENDA ITEM # 37360 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council Al~PTED: Ordinance authorizing and directing the City Manager advertise an Invitation to Bid for the lease of a parcel of City-owned property at Rosemont Road and Street .4, containing approximately 1,862 square feet, re construction, maintenance and operation of a communications antenna and related appurtenances for the Public Works Department. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ADVERTISE AN INVITATION TO BID FOR THE LEASE OF A PARCEL OF CITY-OWNED PROPERTY CONTAINING APPROXIMATELY 1,862 SQUARE FEET IN THE PRINCESS ANNE BOROUGH, FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A COMMUNICATIONS ANTENNA AND RELATED APPURTENANCES WHEREAS, the City of Virginia Beach owns property at the intersection of Rosemont Road and Street "A" in the Princess Anne Borough; WHEREAS, the City desires to lease, for a period of forty (40) years, a portion of said property, identified as "PROPERTY TO BE LEASED AREA=l,862 SQ. FT.," on the attached plat entitled "PLAT TO ACCOMPANY LEASE SHOWING PROPERTY TO BE LEASED TO," dated April 23, 1993, prepared by Rouse-Sirine and Associates, Ltd., which is attached hereto as Exhibit A (hereinafter referred to as the "Property"); WHEREAS, the Property shall be used for the construction, maintenance, and operation of a communications antenna and related appurtenances, as detailed in the proposed Lease Agreement which is attached hereto as Exhibit B; and WHEREAS, Section 15.1-307 of the Code of Virginia requires the City, after due advertisement, to receive bids publicly for any proposed lease of City-owned property for a term in excess of five (5) years. 27 28 29 3O 31 32 33 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager or his designee is hereby authorized and directed to advertise an invitation to bid for a forty (40) year lease of the Property described herein for the construction, maintenance and operation of a communications antenna and related appurtenances, in accordance with the provisions of Section 15.1-307, et seq., Code of Virginia, and existing City regulations and procedures. 35 36 37 38 39 40 2. That the advertisement shall contain a descriptive notice of the ordinance proposing to grant the lease, which ordinance shall be in substantial conformance with the proposed ordinance attached hereto as Exhibit C. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 day of November , 1993. 41 42 43 44 CA-5327 \ORDIN\NONCODE\BID. ORD R-1 PREPARED: October 14, 1993 APP. R-~VED AS TO COIN I l:lNI ~ __ -- SIGNATUR~ DEPARTMENT APPRGVED AS TO LEGAL CITY ATTORNEY -17- Item IV-G. 6. CONSENT AGENDA ITEM # 37361 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $139,691.05 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 ~o,M,o c ^ 7 10/8/93 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int NAME Year of Tax Number t~on No. PaId Total Source One Mortgage Services 93 RE(2/2) W G Burton, Jr. & J B Taylor 93 RE(2/2) W G Burton, Jr. & J B Taylor 93 RE(2/2) Edwin B Lindsley, Jr. 92 RE(l/2) Edwin B Lindsley, Jr. 92 RE(2/2) Edwin B Lindsley, Jr. 91 RE(l/2) Edwin B Lindsley, Jr. 91 RE(2/2) Gary D & Cheryl Woodson 92 RE(l/2) Gary D & Cheryl Woodson 92 RE(2/2) Gary D & Cheryl Woodson 91 RE(l/2) Gary D & Cheryl Woodson 91 RE(2/2) Gary D & Cheryl Woodson 90 RE(l/2) Gary D & Cheryl Woodson 90 RE(2/2) BancBoston Mortgage Corp 93 RE(1/2) BancBoston Mortgage Corp 93 RE(l/2) Morris E Goodman 92 PP Johnnie D Wilks, Jr. N/A Pkng Carolyn S Dryer N/A Pkng David Raines 93 Dog 123243-5 11/20/92 16192-2 5/13/93 16191-3 5/13/93 14903-8 2/26/93 14903-8 2/26/93 14958-3 2/26/93 14958-3 2/26/93 127541-6 11/26/91 127541-6 6/5/92 126674-8 11/26/90 126674-8 6/5/91 125210-2 12/5/89 125210-2 5/31/90 59664-1 12/5/92 118741-2 11/24/92 79700-5 2/4/93 417949 7/6/93 402935 9/3/93 V06596 10/4/93 82.14 140.84 303.98 35.52 34.09 36.80 35.51 16.35 16.35 15.48 15.48 14.66 14.66 19.70 117.72 27.01 12. O0 20.00 7.00 Total 965.29 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $965.29 were approved by the Council of the C~ty of Virginia Beach on the 2 day of November., 1993 Ruth Hodges Smith C~ty Clerk ,hn '1'. Atklnson, Treasurer Approved as to form: ["6sire L Ldley, C~t~TA~-~i/ FO,M,O C ^ 7 10/4/93 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon cert~hcation of the Treasurer are hereby approved' Tax Type T,cket Exonera- Date Penalty Int. NAME Year of Tax Number tlon No. Paid Total AMRESCO Institutional Inc 91 RE(2/2) See copies 6/5/92 138,725.76 Total 138,725.76 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $;138,725.76 were approved by the Council of the C~ty of Virginia Beach on the 2. day of Novembez'...;1993 Ruth Hodges Smith C~ty Clerk JJ l~n-T. A~k~nso~, ~rer Approved as to form: - 18 - Item IV-H.I. ORDINANCES/RESOL UTIONS ITEM # 37362 Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Ocean View Avenue and Fentress Avenue to B & J, Ltd. of Virginia, re rebuilding the fire-damaged restaurant (Alexander's On The Bay), subject to: The following conditions shall be required; 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hoM the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. The owner must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 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 4O 41 42 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF OCEAN VIEW AVENUE AND FENTRESS AVENUE TO B & J, LTD. OF VIRGINIA, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, B & J, Ltd. of Virginia, its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Ocean View Avenue and Fentress Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a restaurant and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Ocean View Avenue and Fentress Avenue, on the certain plat entitled: " PHYSICAL SURVEY AND TOPOGRAPHIC SURVEY OF LOTS 38,39 & 40, BLOCK 7, CHESAPEAKE PARK (M.B. 6, P. 123) FOR ALEXANDER'S ON THE BAY BAYSIDE BOROUGH VIRGINIA BEACH, VA. SCALE: 1" = 20' JULY 13, 1993 BASGIER AND ASSOCIATES," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of B & J Ltd. of Virginia, its heirs, assigns and successors in title and that within thirty (30) days after such 43 notice is given, said encroachment shall be removed from the City's 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 right-of-way of Ocean View Avenue and Fentress Avenue and that B & J Ltd. of Virginia, its heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that B & J Ltd. of Virginia, its heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend ~n action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that B & J Ltd. of Virginia executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of November , 19 93 . 64 65 09/28/93 EWB/tga OVED AS TO CONTE:NT LEGAL '" ..... ' · · oUrr'~Ol~-NC¥ / THIS AGREEMENT, made this 22nd day of September 19 93 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and B & J, Ltd. of Virginia, a Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, GRANTEE. WITN~SS~TH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain an existing restaurant in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such restaurant, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Ocean View Avenue and Fentress Avenue; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such restaurant within a portion of the City's right-of-way known as Ocean View Avenue and Fentress Avenue. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Ocean View Avenue and Fentress Avenue for the purpose of constructing and maintaining such restaurant. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Ocean View Avenue and Fentress Avenue as shown on that certain plat entitled: "PHYSICAL SURVEY AND TOPOGRAPHIC SURVEY OF LOTS 38, 39 & 40, BLOCK 7, CHESAPEAKE PARK (M.B. 6, P. 123) FOR ALEXANDER'S ON THE BAY BAYSIDE BOROUGH VIRGINIA BEACH, VA. SCALE: 1"=20' JULY 13, 1992 BASGIER AND ASSOCIATES," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Ocean View Avenue and Fentress Avenue by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file 2 or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right of way. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said B & J, Ltd. of V±r§inia has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. 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. 23 AS TO CONTENT _~~TURE DEPARTMENT ( SEAL ) ATTEST: CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager City Clerk APPROVED AS TO L'-"'"' SUFFICIENCY '% B & J, LTD. OF VIRGINIA STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19__, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA ~~ CITY OF VIRP~LH/-A~B~AC~ to-wit:~~// I, .~,~ ~~,~ ~~1 ..... , a Notary Public ~n and for the City and State aforesaid, do hereby certify that l~ ,~..?~'~, .~~~L~ (Title) on behalf of B & J, :d. ~~t ~ir ~~~~h~~ ~m~~~. s~~ne~egoi ag . writing, , 19~, bearing has acknowledged the same before me Given under my My Commission Expires: /~/~; /~ in my City and Stat% aforesaid. hand this ~ ~ ~6~ day of CORPORATE RESOLUTION I hereby certify to the City of Virginia Beach that I am the Secretary of B & J, LTD. OF VIRGINIA, which is duly organized and existing under the laws of the Commonwealth of Virginia, that the following is a true copy of a resolution duly adopted by the Board of Directors of said corporation at a meeting called and held on September 21, 1993, and that such resolution is now in full force and effect and has not been amended or rescinded: RESOLVED, that Jane N. Williams, President of B & J, Ltd. of Virginia is hereby authorized and empowered to sign the Agreement dated the 22nd day of September, 1993, by and between the City of Virginia Beach, Virginia and B & J, Ltd. of Virginia, a Virginia corporation, allowing for approval of an encroachment into the City's right of way known as Ocean View Avenue and Fentress Avenue. IN WITNESS WHEREOF, I have signed my name as Secretary of this corporation this ~7~ day of September, 1993. Secretary BAY AM $£[ GRIO ElO L~f~I~C[ BAYLAKE -BEACH '"'-A~:RIES ON I -~ THE BAY, OCEAN PARK LOCATION MAP EL. 16.24 on PR OCEAN VIEW AVENUE (70') Elevation8 shown #~eon r~fer to tim Notional Ocean Survey Dofum · bOO Ide~n S~Q Level THIS IS TO CERTIFY THAT I, ON $0 JUNE 1995 SURVEYED THE PROPERTY SHOWN ON THIS PLATt AND THAT THE TITLE LINES AND THE ~6LLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BLIILDINS STAND STRICTLY WITHIN THE TITLE LINES AM) THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY, EXCEPT AS SHOWN PHYSICAL SURVEY AND TOPOGRAPHIC SURVEY, OF LOTS $8, :59 & 40, BLOCK 7, CHESAPEAKE(..,.e. ·,P~aA~K FOR ALEXANDER'S ON THE BAY BAYSIDsr BOROU ~H VIRGINIA BEACH,VA. SCALE, I". 20' JULY I$t i99~ A PROFE, SSiONAI. CORPORATION CONSULTING ENGINEERS. SURVEYORS · ~ ~ BEAOI / NEWPOffT NEWS V~G4NIA EXHIBIT "A" - 19 - Item IV-H. 2. ORDINANCES/RESOL UTIONS ITEM # 37363 The following registered in SUPPORT of the application: Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971 James Capps, 940 Cardinal Road, Phone: 428-1821 The following registered in OPPOSITION: Al Strazzulo, 3120 Sand Pt'ne Road, Phone: 481-0024 Warren Ka'ng, 1126 Kearsarge Court, Phone: 496-0145 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council re: WILLIAMS HOLDING CORPORATION property in Transition Area llI along Seaboard Road, near Foxfire Subdivision (PRINCESS ANNE BOROUGH): AI~PTED an Ordinance declaring EXCESS property and authorizing the City Manager to dispose of same. ADOPTED an Ordinance to TRANSFER $1,851,200 re purchase of 290.82 acres of property for development of a standard quality golf course and provision of additional open space to the City's Greenway System along West Neck Creek. ADOPTED a Resolution to exercise a purchase option as described in the Agreement dated April 20, 1993 between the City and Williams Holding Corporation for a public golf course. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: None November 2, 1993 SYKES CARNE$ BOURDON AHERN & SHAPIRO P C ATTCNIINEYS AT LAW AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF ~ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' WHEREAS, the City of Virginia Beach acquired ownership of the following described property by Deed recorded in Deed Book 2417 , at Page]-540 ; and WHEREAS, the City Council is of the opinion that the following described property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is authorized to convey said property in the manner he deems in the best interests of the City of Virginia Beach reserving therein any and all easements pertaining thereto, and further that such property be declared in excess of the needs of the City and is more particularly described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the City of Virginia Beach, Virginia, and being designated as '1.7+ AC' on that certain plat entitled, '66 Foot Wide Parcel Owned by City of Virginia Beach', prepared by Talbot Group, which plat is attached hereto as Exhibit 2. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of November , 1993. 3983i APPROVED AS TO LEGAL SUFFiCiENCY DEPARTMENT SYKES. CARNES BOURDON, AHERN & SHAPIRO P C ATTORNEYS AT LAW PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, WILLIAMS HOLDING CORPORATION, a Virginia corporation, by counsel, respectfully represents as follows: 1. That Petitioner applies to the Mayor and the Council of the City of Virginia Beach, Virginia, for an ordinance declaring the hereinafter described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey the property to the Petitioner upon either (a) payment of fair market value which value has been established to be Seven Thousand One Hundred Dollars ($7,100.00) per acre, or, (b) upon conveyance by Petitioner of an identical amount of comparable land to the City of Virginia Beach as set forth in Paragraph 4 of an Option Agreement dated April 20, 1993 granted by Petitioner. 2. That your Petitioner owns the property contiguous to the hereinafter described property and is the only property owner contiguous to said site. And that further the hereinafter described property has no utility unless joined to the contiguous property of Petitioner. 3. The property your Petitioner is asking to be declared in excess of the needs of the City of Virginia Beach - 1 - SYKES. CARNES. BOURDON, AHERN · SHAPIRO, P C ATTORNEYS AT LAW so that he may purchase same is hereby described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the City of Virginia Beach, Virginia, and being designated as '1.7+ AC' on that certain plat entitled '66 Foot Wide Parcel Owned by City of Virginia Beach', prepared by Talbot Group which plat is attached hereto as Exhibit 'A". 4. That no inconvenience will result to any person or property owner by reason of the sale of the hereinabove described property. WHEREFORE, your Petitioner prays that the Mayor and City Council of the City of Virginia Beach, Virginia, declare the hereinabove described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey same to your Petitioner upon payment to the City of Virginia Beach, of the requisite consideration as hereinabove specified. Respectfully submitted, Williams Holding Corporation, a Virg~~tion Of ~ounsel R. Edward Bourdon, Jr., Esquire Sykes, Carnes, Bourdon &Ahern, P.C. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 (804) 499-8971 3982i - 2 - YKES, CARNES BOURDON, AHERN & SHAPIRO P C ATTORNEYS AT LAW THIS DEED, made this 29th day of September, 1993, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the State of Virginia, GRANTOR, party of the first part, and WILLIAMS HQLDIN~ CORP,, a Virginia corporation, GRANTEE, party of the second part, whose address is 925 South Military Highway, Virginia Beach, Virginia 23464. WITNESSETH: That for and in consideration of the sum of AND /100 DOLLARS ($ ), the party of the first part does hereby QUIT CLAIM unto the party of the second part the following described property: ALL THAT certain strip or parcel of land lying being in situate in Princess Anne Borough, City of Virginia Beach, Virginia, containing "1.7+ AC" as shown on that certain plat entitled "66 Foot Wide Parcel Owned by City of Virg%nia. Beach", made by Talbot Group, dated ~ ~ ~7 , 1993 a copy of which is ~°attac~ed hereto and recorded herewith as Exhibit 'A'. GPIN #2403-92-3640-0000 IN WITNESS WHEREOF, the City of Virginia Beach has caused these presents to be executed in its name and behalf by James K. Spore, City Manager, and its corporate seal to be - 1 - ~YKES, CARNES, BOURDON AHERN & SHAPIRO. P C ATTORNEYS AT LAW hereto affixed and duly attested by Deputy City Clerk, pursuant to Ordinance adopted. CITY OF VIRGINIA BEACH By: ( SEAL ) James K. Spore, City Manager ATTEST: Deputy City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City of Virginia Beach in the State of Virginia, do hereby certify that James K. Spore, City Manager and , Deputy City Clerk, of the City of Virginia Beach, whose names as such are signed to the foregoing Deed bearing date on the day of , 1993, have acknowledged the same before me in my City and State aforesaid. 1993. Given under my hand this day of , Notary Public My Commission Expires: 4093i - 2 - · ,, ,1. · ! ,'l, , I,'l,, :., ii.:,; i, ' ,! I ~':.. . ,.. I ."; ..~!'!': ' .;~ '" ,',~. '. ..I,..,=.. i":" ': · ,, '.,,,'l II I '', · ~' .' .',',: i/'~ i', ,' ' '. ,~ 'l,i'l' , II, , · ,I' ,I I .I I' "I:'; ' , · · ~, ., I'~; , . :., ..... : , :, I'. ..... ' · . I, . ::, .,,,': .' · , · :; i" I, I ;, i ,, ! I I' · i I · o e e o MAP SHOWING RAILROAD R/W REOUESTED TO BE DECLARED IN EXCESS OF THE CITY'S NEEDS SCALE: i' = 800' LOCATION 66' FORMER PREPARED BY P/W ENG. DRAFT. 9/30/93 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $1,851,200 FOR THE PURCHASE OF 290 82 ACRES OF PROPERTY FROM THE WILLIAMS HOLDING CORPORATION FOR THE DEVELOPMENT OF A STANDARD QUALITY GOLF COURSE AND THE PROVISION OF ADDITIONAL OPEN SPACE TO THE CITY'S GREENWAY SYSTEM B WHEREAS, over the last three years, various groups including golfers, Council-appointed committees, C~ty 6 Planning and Parks and Recreanon staff, and Convention and Tourism-related representatives have d~scussed and advocated 7 the need for additional golf courses In the City to allewate overcrowded play;ng conditions on existing C~ty courses, and to 8 promote tourism, 9 WHEREAS, this discussion has resulted ~n the identification of a standard quality golf course in the Tourism Growth '1 0 Investment Fund (TGIF) Program; 3_ 3- WHEREAS, a golf course s~te (referred to as the West Neck Creek Golf Course) has been ~dent~hed xn Transition 3- 2 Area III along Seaboard Road whmh is part of the property the Williams Holding Corporation owns or holds options to 13 purchase (totalling 337 9 acres), of which 47 7 acres are planned for development of 40 one-acre residential lots, and 290 82 21_ 4 acres are available for purchase by the C~ty for development of a golf course and environmental preserve adjacent to the golf 3_ 5 course, comprised of 179 02 acres of h~gh land and 111 8 acres of lowland, '1 6 WHEREAS, an option agreement for the purchase of this site for development of a golf course and provision of 3_ 7 addlttonal open space to the greenway system along West Neck Creek was approved by the Council of the City of Virginia 3- 8 Beach and was effective April 20, 1993, 3_ 9 WHEREAS, all tasks and research recommended by the option agreement and a previous pohcy report (dated April 20 13, 1993) have been completed, there appear to be no tnsurmountable, uncontrollable obstacles to the plan, and the 2 3. Conditional Use Permit required for the development of a golf course on this site was approved by the Council of the City 2 2 of Virginia Beach on September 28, 1993; 2 3 WHEREAS, the option agreement outhnes the total anticipated cost to the Cxty including property acquistt~on at 24 $1,851,200 which includes $1,306,416 for acquisition of 290 82 acres, 50% (up to $484,000) of the infrastructure 2 5 improvements (internal roads, sewer utilities, and improvements to Seaboard Road), and approximately $60,784 for other 2 6 costs (including prehminary design and survey work, title search, closing costs and property acquisition for reahgnment and 2 ? ~mprovements to Seaboard Road), 2 8 WHEREAS, funding for the purchase of th~s property has been identified to come from the following sources 2 9 $99,378 from the Scenic Waterways Improvements ProJect #4-948 (now the proposed Outdoor Plan Intuitive Reserve ProJect 3 0 #4-960) for purchase of the 109.8 acres of lowland and 2 acres of upland open space and related design costs, $270,000 3 3- within the Water and Sewer Capital ProJects Fund for 50 % of the cost of providing sewer service to the proposed golf course 3 2 and clubhouse, and $1,481,822 from Project # 2-066 Oceanfront Connector Parks for the land acquisition and remalmng City 3 3 share of infrastructure Improvements, 3 4 WHEREAS, the Departments of Planning, Parks and Recreation, and Finance recommend that the City of Virginia 3 5 Beach appropriate funds totalling $1,851,200 to purchase 290 82 acres for development of a golf course and for payment 3 6 of related infrastructure costs and for provision of additional open space to the greenway system along West Neck Creek 3 7 from the above-mentioned sources according to the terms of the option agreement 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 3 9 VIRGINIA, to transfer $1,851,200 from various sources including $99,378 from the Scenic Waterways Improvements Project 4 0 #4-948 (now the proposed Outdoor Plan Imt~atlve Reserve Project #4-960), $270,000 within the Water and Sewer Capital 4 3_ Projects Fund, and $1,481,822 in general appropriation funds from Oceanfront Connector Parks Project #2-066 for purchase 4 2 of 290 82 acres from the Williams Holding Corporation and payment of related infrastructure costs for development of a 4 3 golf course and provlmon of additional open space to the greenway system along West Neck Creek This ordinance shall be effective from the date of its adoption 4 5 Adopted by the Council of the City of Vlrg~ma Beach, Virginia on the Second day of November ,1993 47 APPROVED AS TO CONTENT DEPARTMENT OF MANAGEMENT AND BUDGET October27, 1993 c \golf~wneckgc ord vol 32 sgh A RESOLUTION TO EXERCISE AN OPTION AGREEMENT GRANTED TO THE CITY OF VIRGINIA BEACH BY THE WILLIAMS HOLDING CORPORATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, pursuant to an Option Agreement dated April 20, 1993, the Williams Holding Corporation granted unto the City the option to purchase approximately 288 acres of land in the Princess Anne Borough. WHEREAS, the City Council has determined that the City should exercise its right to purchase the property pursuant to the terms of the Option Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the City of Virginia Beach does hereby exercise its right to purchase the property described in the Option Agreement dated April 20, 1993 between the Williams Holding Corporation and the City of Virginia Beach in accordance with the terms of the Agreement. BE IT FURTHER RESOLVED: That the City Attorney is hereby directed to notify the Williams Holding Corporation of the City's election to exercise the Option Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of November , 1993. 25 26 27 28 CA-5311 ORDIN \NONCODE\ CA5311 R-1 PREPARED: 09/29/93 - 20 - Item IV-L PUBLIC HEARING ITEM # 37364 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING AMEND Section 502 CZO re Dimensional Requirements and AMEND Appendix of the Comprehensive Plan November 2, 1993 - 21 - Item IV-I. 1. a. PUBLIC HEARING ITEM # 37365 PI. atNNING The following registered in SUPPORT: Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the Shadowlawn Residents, Phone: 499-8971 Betty J. Savage, 527 Winston Salem Avenue, Phone: 422-4101 Upon motion by Councilman Jones, seconded by Councilman Moss, City Council: DEFERRED an Ordinance to AMEND and REORDAIN Section 502 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, re Dimensional Requirements; and, AMEND the Appendix to the Comprehensive Plan re Shadowlawn lnfill Development Guidelines; AND, ~PTED a Resolution directing the Planning commission study and forward its recommendation to City Council within 45 days re proposal to AMEND Section 201 of the City Zoning Ordinance to prohibit construction of chimneys within five (5) feet of property lines. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Robert I~ Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: James W.. Brazier, Jr. November 2, 1993 A RESOLUTION TO DIRECT THE PLANNING COMMISSION TO STUDY AND FORWARD ITS RECOMMENDATION TO THE CITY COUNCIL CONCERNING A PROPOSAL TO AMEND SECTION 201 OF THE ZONING ORDINANCE SO AS TO PROHIBIT CONSTRUCTION OF CHIMNEYS WITHIN FIVE FEET OF PROPERTY LINES 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 12 13 14 15 That the Planning Commission is hereby directed to consider a proposal to amend § 201 of the Zoning Ordinance so as to prohibit construction of chimneys within five feet of property lines and to forward its recommendation within 45 days of the date of adoption of this Resolution. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of November , 1993. 18 19 20 21 CA-5347 ORDIN\NONCODE \ CA5347. RES R-1 PREPARED: 11 / 1 / 93 AN ORDINANCE TO AMEND AND REORDAIN SECTION 201 OF THE CODE OF THE CITY OF VIRGIN IA BEACH, VIRGINIA, PERTAINING TO YARDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 201 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 10 11 12 14 1S 17 ~0 22 24 Seo. 201. Yards. (a) General. Ail required yards shall be unobstructed by any structure or other improvement which exceeds sixteen (16) inches in height as measured from ground elevation; provided, however, the following improvements may be located in a yard: (1) In-ground swimming pools may extend to within five (5) feet of any side or rear property line, provided however, that no in-ground swimming pool shall extend into any required yard adjacent to a street. The following improvements may be located in a yard without regard to height unless regulated by other sections of this ordinance: (2) Fences, walls, poles, wires and customary yard accessories; (3) Roof overhangs or eaves which do not extend more than four (4) feet into the yard; (4) Residential heating and cooling equipment which does not extend more than five (5) feet into the yard and which is no closer than five (S) feet to the nearest lot line; and (5) Chimneys which do not extend more than twenty-four (24) inches into the yard and which are no ~loser thao ~ive (5) fee~ to the nearest lot line. 2S 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 4S 46 47 48 49 SO S1 52 S3 S4 SS Si S? 58 59 No provision of this section shall be interpreted to permit the construction of a Jacuzzi, hot tub or similar apparatus in any yard regardless of height; nor shall this section be interpreted to mean that any structure or improvement listed above need not comply with other sections of this Code pertaining to height limitations and obstruction of visibility. In addition, certain other structures, uses or accessories may be prohibited im certain yards as set forth in the applicable district regulations. (b) Relationship to ultimate right-of-way. As an exception to the requirements above, where transportation plans have been approved and adopted by the city council, all yard requirements shall be measured from the ultimate right-of-way line established on said transportation plan or the street frontage line, whichever is the greater distance from the established centerline of the transportation plan. (c) Whenever the side or rear yard of lot abuts a public right-of-way not more than twenty (20) feet in width, the side or rear yard adjacent to such public right-of-way shall comply with the side or rear yard requirement which would apply to that lot if it did not abut a public right-of-way. (d) Requirements relating to garages and carports in yards. No portion of any garage or carport shall occupy any required front, side or rear yard. (e) Requirements for fences and walls. (1) Fences and walls shall not exceed a height of eight (8) feet. Walls and fences may project into or enclose any part of any yard; provided, however, that any fence or wall which projects into or encloses a required front or side yard adjacent to a street shall not exceed a height of four (4) feet except in the case of a through lot when a required front yard setback is clearly and physically the rear of the dwelling, an eight-foot fence will be allowed, and provided further that no fence or wall may be erected closer than five (5) feet to any right-of-way &O 67 68 7O 71 72 73 74 75 76 77 78 7g 8O 81 82 83 84 85 86 87 68 ~0 ~X g2 g3 g4 line, and where it is closer than ten (10) feet to any right-of-way line, it shall have installed between it and the right-of-way line Category I landscaping. (2) Barbed wire and electrified fences are prohibited in all residential and apartment districts or within fifteen (15) feet thereof. Chain link fences shall be permitted, provided that Category I landscaping shall be installed between the entire length of any such fence and the public right-of-way. (3) Fences shall be prohibited along that portion of a parking area of one (1) or more parking spaces which is adjacent to a street, unless required by other sections of this ordinance or a conditional use permit; except this shall not pertain to a decorative fence (excluding wire woven fence) with at least seventy-five (75) per cent unobstructed light penetration which meets all applicable height limits for fences. (4) All required fences and walls shall be erected and maintained in accordance with the standards and specifications set forth in the Virginia Beach Landscaping, Screening and Buffering Specifications and Standards. (5) Ail fences and walls, or portions thereof, which are located within thirty (30) feet of, and are substantially parallel to, any public right-of-way shall comply with the standards pertaining to fences and walls set forth in the Virginia Beach Landscaping, Screening and Buffering Specifications and Standards. Any such fence or wall located on a through lot shall also have a gate through which ingress and egress is provided. (6) No nonconforming fence or wall located within thirty (30) feet of, and substantially parallel to, any public right- of-way shall be enlarged, extended, relocated or reconstructed, nor shall more than fifty (50) per cent of any nonconforming fence or wall be replaced within any 95 96 97 98 99 XO0 102 103 X04 XOS 106 107 108 lOg 110 111 112 113 114 11S 116 11'7 118 119 120 121 122 123 1~4 12S 1~? 1~8 129 two-year period, unless such fence or wall is brought into conformity with the provisions of this section. As used herein, the term"nonconforming fence or wall" shall mean any fence or wall which was lawfully constructed prior to the adoption of this section and which fails to conform to any of the requirements of this section. These provisions shall apply notwithstanding that the replacement, reconstruction or relocation of a fence or wall, or portion thereof, is made necessary or otherwise occasioned by reason of condemnation or involuntary destruction or deterioration of, or damage to, such fence or wall or portion thereof. (7) The provisions of this section shall not apply to fences or walls used principally for agricultural or horticultural purposes. (f) Vision clearance at intersections. Visibility triangles, within which nothing shall be erected, placed, or parked, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half (2 1/2) and eight (8) feet above the centerlines of intersecting trafficways shall be provided as follows: (1) Street intersections. A visibility triangle shall be required at all street intersections including at least the are within the first twenty (20) feet along the intersecting right-of- way (projected if rounded) and a line connecting the ends of such twenty-foot lines. Where sidewalks have been provided within the right-of-way line. (2) Intersections of driveways with streets. No wall, fence or other structure shall exceed a height of thirty (30) inches above the finished elevation of a driveway within a visibility triangle created by measuring ten (10) feet in from the intersection of a driveway boundary and property lines away from the driveway with the ends of the two (1) tend-foot lines connected in a straight line to form the visibility triangle. The thirty- inch height for any portion within the triangle shall be computed 2.30 1.33. from the elevation of the driveway which is perpendicular to that portio of wall or structure within the triangle. 1.33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1993. 3.34 3.35 2.36 3.37 CA- 5348 \ORDIN\PROPOSED\45-0201. PRO R-1 PREPARED: OCTOBER 27, 1993 - 22 - Item IV-J. 1 APPOINTMENTS ITEM # 37366 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: HAMPTON ROADS AIR POLLUTION COMMISSION Roger L. Handy Bartley E. Tuthill - Alternate Two Year Term 11/1/93-10/31/95 Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Robert W. Clyburn November 2, 1993 Item IV-J. 1 APPOINTMENTS ITEM # 37367 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: HISTORICAL REVIEW BOARD Thomas L. Ackiss Barrow H. Bridges Joan L. Wright Two Year Terms 11/1/93 - 10/31/95 Voting: 10-0 Council Members Voting Aye: John ,/1. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert W.. Clyburn November 2, 1993 - 24 - Item IV-L. 1, NEW BUSINESS ADD-ON ITEM # 37368 Upon motion by Councilman Lanteigne, seconded by Councilman Moss, City Council AGREED TO ADD TO THE AGENDA: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of North Landing Road to Support Terminals Operating Partnership, L~P. (ST Services), re replacement of a portion of a six- inch (6") jet fuel line for maintenance reasons. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 2, 1993 NEW BUSINESS ADD -ON ITEM # $7369 Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of North Landing Road to Support Terminals Operating Partnership, L.P. (ST Services), re replacement of a portion of a six- inch (6 '9 jet fuel line for maintenance reasons. The following conditions shah be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. Prior to any construction within the existing public right-of- way, the owner, or his agent, shall obtain a permit from the Development Services Center. Prior to issuance of a permig the owner, or his agent, must post a Performance Bond and show proof of public liability (minimum $300,00). 7. The owner shall make no open cut of a public roadway unless the plan is approved by the City Engineer. The owner shall make any adjustments to the replacement line and the abandoned line if required by the City of Virginia Beach to facilitate future road construction. The owner agrees, if North Landing Road is widened or realigned in the future and the pavement is placed above the jet fuel line, that any further maintenance or replacement of the line will be performed by installing a new line outside of the pavement area, possibly outside the right-of-way, as required by the City of Virginia Beach, fully at the owner's cost. 10. The owner agrees that the existing jet fuel line will be abandoned in place and shah have all products removed. The abandoned line will then be filled with concrete grout and sealed at each end. November 2, 1993 - 26 - Item IV-L.I. NEW BUSINESS ADD-ON ITEM # 37369 (Continued) Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy 14. Parker Council Members Voting Nay: None Council Members Absent: Robert W. Clyburn and Vice Mayor William D. Sessoms, Jr. November 2, 1993 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 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF NORTH LANDING ROAD TO ST SERVICES, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Support Terminals Operating Partnership, L.P. (ST Services), its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of North Landing Road. That the temporary encroachment herein authorized is for the purpose of replacing a six-inch jet fuel line and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as North Landing Road , on the certain plat entitled: "JET FUEL LINE REPLACEMENT NORTH LANDING ROAD, PLAN & PROFILE," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of ST Services, its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of North Landing and that ST Services, its heirs, assigns and successors in title shall bear all costs and expenses of such removal. 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 AND, PROVIDED FURTHER, that it is expressly understood and agreed that ST Services, its heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that ST Services executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of November , 19 93 . 56 57 10/06/93 LDH/tga APPROVED AS TO LEGAL SUFFICIENOY ST Services September 23, 1993 17304 Preston Road, Suite 1000 Dallas. Texas 75252 (214) 931-8o6s (214) 931-6526 FAX PRIORITY FEDERAL EXPRESS Ms. Louise D. Hayes Right of Way Agent City of Virginia Beach Department of Pubhc Works Office of Real Estate Municipal Center Virginia Beach, BA 23456-9030 SEP 7_ 993 I RE: Encroachment Request ST Services North Landing Road from Indian River Road to 4000' South of Indian River Road Dear Ms. Hayes: Per your instructions in your letter dated 09/03/93 addressed to Mr. Orville Seals and your subsequent telephone conversation, please find enclosed a notarized original of the above referenced agreement that I have signed as an authorized officer of ST Services. Additionally, per the telecon, I have made and initialed the appropriate changes on pages 1, 6&7. Thank you for your cooperation in this matter, and please do not hesitate to contact me if you have any questions. When this document is completed by the City, please furnish me with a copy as it is finally executed. Very truly yours, ST SERVICES President FTJ/sas/varow doc Attachment cc: O. Seals THIS AGREEMENT, made this day of , 19 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a upport Terminals Operating Partnership, L.P. (hereinafter referred municipal corporation, party of the first part, and~ST SERVICES) a Partnership, . '' .a Virginka corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to replace a portion of a six-inch jet fuel line in the City of Virginia Beach; and WHEREAS, in replacing a portion of such jet fuel line, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as North Landing Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate replacing a portion of such jet fuel line within a portion of the City's right-of-way known as North Landing Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as North Landing Road for the purpose of replacing a portion of such jet fuel line. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as North Landing Road as shown on that certain plat entitled: "JET FUEL LINE REPLACEMENT NORTH LANDING ROAD, PLAN & PROFILE," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as North Landing Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and 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 2 permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the second part will make any adjustments to the replacement line and abandoned line, if required by the party of the first part to facilitate future road construction. It is further expressly understood and agreed that, if North Landing Road is widened in the future and the jet fuel line ends up under the pavement, any further maintenance or replacement of the line will be performed by replacing and/or relocating the line outside of the pavement area, even possibly outside the right of way, as required by the party of the first part, fully at the expense of the party of the second part. It is further expressly understood that the party of the second part agrees that the existing jet fuel line will be · abandoned in place and shall have all product removed. The abandoned line will then be filled with concrete grout and sealed at each end and shall be the responsibility of the party of the second part. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said ST SERVICES has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. 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. ,A-E' '.,C.'.'2D ,',S TO CO;qTENT D:P; ~.~'~T (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager APPROVED AS TO LEGAL SUFFICIENCY Support Terminals Operating Partnership, L. by Support Terminal Services, Inc. as Partmer by' Fred T~. Johnson, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19__, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19__. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 My Commission Expires: Notary Public STATE OF %~%~G'TNT~ TEXAS CITY OF .......... to-wit: DALLAS I, Sira Ann Snowden , a Notary Public in and for the City and State aforesaid, do hereby certify that Fred T. Johnson President (Title) on behalf of ST SERVICES, whose name is signed to the foregoing writing, bearing date the 25 day of September , 1995 has acknowledged the same before me in my City and State aforesaid. Given under my hand this 25rd day of September , 19 95 . Notary Public My Commission Expires: O~'~/- ~ LDH/tga 09/03/93 -, I i ,,] MATCHLINI[ A-A i !1~ !11, I11; il : I I ll,r~ . Illl : , : I~1 Illl : I II1 - i lll I ILK-': i 1 I II1~ , : ~ IIII :~ I : , J 111 " ~ 1111 :I ~ II11 , ~ Iiil , : ~ !111 i111 ~ ~ i IIII ~ I11 Jill k h ,, EXHIBIT "A" SHEET 1 OF 3 , ~ ~ MATCHLINE B-8 ! II. Il J '~ II J :~II1 , ~ - mo~ll: ~ ~ I Ill : k~Ill :, . Iii ~Ill . I ~~_ .J II . ~ _ Il _] Il: - : I II' /~ "i~ " II: 'i ": ' : ~,. Al , ~l ~: ~ ': '~' ~~'J i ~ ~'"~ ~'~'-~ :~' -~'~?" ii EXHIBIT "A" SHEET 2 OF 3 .~ ,,, ~./,~~_ I II 'J ~ ~c,~ i ~ i ' i ' , ~'1~ ~ it i a l 1: . " !: I ' ~', , i 8 j ~ ~ ,,., , ,~ :,1;; ' ~ ~1i alii ~"' ' ' 4 I ~ t",l', iii '~ ' ~"" "' LI 111 : ' ::'~'~ ' _. , , ,~ ,'~ ~ , ~ ~ I '~~~~ ~ Iii.: t -' i':, r~n'~ ,' II ~a II ~J , /:J,,, , ~ b ~ ~ MATCHLINE C-C Z = ,, EXHIBIT "A" SHEET 3 OF 3 - I 6 LOCATION MAP ,, · ~o EXHIBIT "A" L,,~ IND L1STRIAL CdT et Ile,f~k cT I . - 27 - Item IV-L. Z NEW BUSINESS ITEM # 37370 BY CONSENSUS, City Council SCHEDULED: PUBLIC HEARING for annual SCHOOL BOARD APPOINTMENTS November 16, 1993 4:00 PM November 2, 1993 - 28 - Item IV-L. 3. NEW BUSINESS ITEM # 37371 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CANCELED: City Council Session December 28, 1993 (Ail administrative and planing items will be Scheduled for December 7 and 14, 1993) Voting: 10-0 Council Members Voting Aye: John .8. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert W. Clyburn November 2, 1993 - 29 - Item ]V-L. 4. NEW BUSINESS ITEM # 37372 Mayor Oberndorf advised she is working with the City Manager relative the possibility of declaring Thursday, December 23, 1993, a Holiday for City Employees. This is her desire, if feasible. November 2, 1993 Item 1V-L.5. NEW BUSINESS ITEM # 37373 ADD -ON Mayor Oberndorf referenced a speech at the Forward Hampton Roads Luncheon on October 29, 1993, by The Honorable David Rusk, former Mayor of Albuquerque, New Mexico. Mr. Rusk believes cities with room to expand like V~rginia Beach must act to assure core cities are not allowed to go under by the weight of their own mass. Ite discussed the formation of regional authorities. This concept in regional cooperation with elected officials is a part of the Chamber of Commerce's 2007 PLAN. November 2, 1993 - 31 - Item IV-L. 6. NEW BUSINESS ITEM # 37374 ADD-ON Councilman Dean referenced the Consent Order from the State Water Control Board re Underground Storage Tanks. BY CONSENSUS, this item shall be SCHEDULED for the Executive Session of November 9, 1993. November 2, 1993 - 32 - ADJOURNMENT ITEM # 37375 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:15 P.M. Beverly O. Hooks, CMC Chief Deputy Ctty Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT of the Formal Session, City Council CONTINUED the FY 1993-94 / 1998-99 CAPITAL IMPROI~MENT PROGRAM RECONCILIATION WORKSHOP. November 2, 1993