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MARCH 3, 1998 MINUTES -it' -I i-E A 1 "WORLD'S LARGEST RESORT CrrY' CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Bourough WILLIAM W. HARRISON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough JAMES K. SPORE, City Manager CITY COUNCIL AGENDA ";,@N fA "PAIII LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk MARCH 3, 1998 I. CITY MANAGER'S BRIEFINGS - Conference Room - I 1:00 AM A. CITY SPONSORSHIPS Ron Kuhlman, Director of Marketing & Sales, Convention & Visitor Development B. PUBLIC INVESTMENT PROTECTION POLICY Robert J. Scott, Director, Planning II. GENERAL ASSEMBLY ACTIONS III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCERNS V. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION VI. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend Charles Faul Church of the Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS February 24, 1998 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PUBLIC HEARING 1. EXCESS CITY REAL ESTATE PROPERTY Southeast corner of Independence and South Boulevards (KEMPSVILI,E BOROUGH) J. ORDINANCES/RESOLUTION 1. Ordinance to declare EXCESS PROPERTY of a parcel adjacent to TRIANGLE BUILDERS at the Southeast corner of Independence and South Boulevards (4669 South Boulevard); and, authorize the City Manager to dispose of same (KEMPSVILI,E BOROUGH) 2. Ordinances to AMEND a. Chapter 2, Article XXVI re staff assistance and conducting the business of the Human Rights Commission b. Section 10-2 re new Precinct Map showing election precincts and polling places. 3. Ordinances to authorize temporary encroachments: a. Into a portion of the 300-foot drainage easement at 225 Arrowfield Road by Tony and Denise Bolinsky re construction and maintenance of a walkway, dock and covered boatlift (1,YNNHAVEN BOROI'GH) b. Into a portion of the 10-foot drainage easement at 1460 Laurel View Drive by Daniel H. and Susan R. Flye re construction and maintenance of a wharf, boatlift and existing bulkhead (LYNNHAVEN BOROUGH). c. Into a portion of the drainage easement at 5193 Shorecrest Court by Joan Shockley re construction and maintenance of a bulkhead, pier and existing deck (KFMPSVILLE BOROI J(JH) 4. Ordinances to appoint viewers: a. In the petition of the Virginia Beach School Board for the closure of a portion of 15th Street between Baltic and Mediterranean Avenues, containing 16,250 square feet in the Shadowlawn area (VIRGINIA BEACH BOROUGH). b. In the petition of O & R, Inc., a Virginia Corporation, for the closure of a portion of Powhatan Avenue from West Stratford Road to Shore Drive, located between Blocks 40 and 46. Plat of Ocean Park. containing 0.748 acres (BAYSIDE BOROI ll(;f 1) 5. Resolution to AUTHORIZE the promulgation of Amendment Number 4 of the Public Works Specification and Standards Manual. 6. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Five Star Limousine Tom's Limo Service 7. License Refunds: $38,909.57 K. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Ordinance in the petition of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the discontinuance, closure and abandonment of the following parcels (VIRGFNIA BEACH BOROUGH) Parcel 1. Portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of forty-eight (48) feet along the Northern property line (Southern boundary of Block 30, Shadow Lawn Heights) and running in a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1,327 square feet. Parcel 2: Portion of Mediterranean Avenue, running a distance of forty-one (41) feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1,547 square feet. Deferred for Compliance 28 January 1992 Additional Deferrals: 11 August 1992; 9 February 1993; 08 February 1994; 14 February 1995; 13 February 1996; 11 February 1997; 12 August 1997 02 February 1997 Recommendation: FINAL APPROVAL L. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS PERSONNEL BOARD VIRGINIA BEACH CRIME TASK FORCE YOUTH SERVICES COORDINATING COUNCIL. M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT FY 1998-1999 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE EVENT DATE TIME PLACE Budget & CIP Presentation Tuesday, March 31 Noon Council Chamber (Special Meeting) Council Workshop Thursday, April 2 3:00 PM - 5:00 PM Conference Room Council Workshop Tuesday, April 7 10:00 AM - Noon Conference Room Council Workshop Tuesday, April 14 10:00 AM - Noon Conference Room Public Hearing Thursday, April 16 7:00 PM Larkspur Middle School Council Workshop Tuesday, April 21 3:00 PM - 5:00 PM Conference Room Council Workshop Tuesday, April 28 2:00 PM - 4 00 PM Conference Room Public Hearing Tuesday, April 28 6:00 PM City Council Chamber Election Day - No Council Meeting Tuesday, May 5 Reconciliation Workshop Wednesday, May 6 3:00 PM - 5 00 PM Conference Room Adopt Budget & CIP Tuesday, May 12 2:00 PM City Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305(TDD -'Telephonic Device for the Deaf) 02/26/98cmd AGENDA\03-03-98.itm www.virginia-beach.va.us M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 3, 1998 Mayor Meyera E. Oberndorf called to order the BRIEFINGS in the Council Conference Room, City Hall Building, on March 3, 1998. at 11:00 A.M. Council Members Present John A. Baum, Linwood 0. Branch, 111, Ilarold Heischober, Barbara M. Henley, Loui,@ R. Jonev, Reba S Af(-Clanan anti Mayor Meyera E. Oberndort Council Members Absent Vice Mayor William D. Sevsoms, lr [BANK BUSINES.S EN-I'EREI) 12. /0 P.M.] William W Hart-ivon,,Ir IIIL W17'lf Fit / Nancy K. Parkei IFNTFREI) // 12A.M.] Louisa A4, @travhot-it /h'A /ER[,,/ /1 IO A.M.] CITYMANAGER'S BRIEFINGS CITY SPONSORSHIPS 11:00 A.M. ITEM # 43294 Ron Kuhlman, Director of Marketing & Sales, Convention and Visitor Development, advised Municipal Sponsorship is a promotional strategy which links a company's product to community services and activities in order to achieve mutually agreed upon objectives for the company and the municipality. While somewhat in its infancy, Municipal Sponsorship is one of the sponsorship industry's fastest growing segments. According to the International Events Group, the nations leading sponsorship organization, Municipal Sponsorship generates over $20-MILLION annually for municipalities across the country, As municipal budgets face increasing pressures, the need for additional revenue from non-traditional sources is crucial. Rather than turning to residents for additional tax revenue, municipalities are earning incremental revenue from the marketing potential offered by municipal programs and venues. The potential of nontelevised, nonsports type sponsorships is very large. By combining all of the assets of this venue, Ocean City maximized its return. It was this example that prompted the question from a local sponsorship company. "What about Virginia Beach, what is this City doing in the sponsorship arena?" Convention and Visitor Development sought to answer that question with a team of representatives from Parks and Recreation Department, City Attorney's Office, Finance, Purchasing, Department of Museums and Convention and Visitor Development. Mr. Kuhlman advised the purpose of the report: Provide aframework of information and considerations on the topic of Municipal Sponsorships Provide alternative courses of action to the Sponsorship issue Provide a staff recommendation for the conduct of Municipal Sponsorship activities. Mr. Kuhlman cited examples: The City of Buffalo has agreements for several multi-year sponsorships, including an agreement with a health-care insurer and another agreement with a local paint manufacturer. The City's largest sponsorship is with North American Health Plans, Inc. This agreement gives the company title right to the city-owned minor- league baseball stadium. This 13-year deal involves $300,000 per year to be paid to the City which will generate almost $4- MILLION for the City over the life of the agreement. This stadium will be known as the North American Health Plan Stadium of Buffalo. Buffalo is also the headquarters at Pratt & Lambert Paint Corporation. Pratt & Lambert has received "Designated City Partner" status. The City will receive paint worth $80,000 from the local paint manufacturer, Pratt & Lambert. In Los Angeles County, California, Naya Natural-Spring Water is a sponsor of the County beaches and lifeguard program. This three-year agreement is in exchange for signs and "official water status"; $72,000 in cash, 35% of income from sales by licensed beach vendors and 20% of sales from Naya logo beachwear. The company's agreement with Los Angeles County also provides sponsorship of the county's lifeguard team in exchange for $10,000 in cash and uniforms worth $5,000. In early 1997, Ocean City, Maryland, secure three sponsorships for a total of approximately $1.2-MILLION. Coca-Cola signed a five-year $1.1-MILLION contract: Esskay, a packaged meat marketer, signed a $50,000 contract; Panama Jack sun care products signed a $37,000 contract. The Parks and Recreation Director noted that in addition to the $1.2-MILLION in Sponsorship from Coke, Coke gave the town a special product price which would generate an additional $4-MILLION in profits for Ocean City over the life of the agreement. Of the $1.2- MILLION, $662,000 was cash sponsorship with the remainder, comprised of product advertising for the City and other trade deals. 3 CITY MANAGER'S BRIEFINGS CITY SPONSORSHIPS ITEM # 43294 (Continued) The current reality in the City of Virginia Beach is Municipal Sponsorship activities are currently being conducted by some departments. Parks and Recreation Department staff, in addition to other duties, are actively soliciting sponsorships for special events. In the Department of Convention and Visitor Development, part of the Beach Events contract with Cellar Door requires Cellar Door pursue both cash and in-kind sponsorships to supplement the City's major event and general entertainment programs at the Oceanfront. In 1997, approximately $87,000 in sponsorship income was raised to expand the total operation budget for this program. The Pavilion Convention Center is currently looking for a title sponsor to fund the "Youth Enrichment Series", performances for children ages three to eight. For $5,000 cash, a Title sponsor will have its name included in the title of the series. i.e. "The ABC Company's Youth Enrichment Series". The Virginia Marine Science Museum secures income via philanthropy, capital campaigns, and membership drives as opposed to "sponsorships ". There has been a total in excess of approximately $6 to $7-MILLION raised to date for the success of the Museum. In 1997, the Virginia Beach School Board approved the acceptance of sponsorship by corporations and other private entities as a means of revenue enhancement for interscholastic activities. 1997 SPONSORSHIP ACTIVITIES CITY DEPARTEMENTS DEPARTMENT CASH IN-KIND PURPOSES Sponsorships Sponsorships Libraries $ 500 $ 9,500 Summer reading club EMS $ 3,000 Video production Parks & Recreation $30,686 $48,711 Special events/festivals Video Services $ 300 $ 1,000 Sentara Wellness Program video Agriculture $ 1,500 $ 500 Special events/festivals Fire $17,000 $ 5,000 Monster Fire Truck/Kidzshow Human Resources $ 500 Virginia Power provided Human Rights Commission program TOTAL $53,486 $64,711 4 CITY MANAGER'S BRIEFINGS CITY SPONSORSHIPS ITEM # 43294 (Continued) Mr. Kuhlman cited Organizational Considerations: Integrity of City Services Tobacco and Alcohol Sponsorships Purchasing and Procurement considerations Legal considerations Lack of consistent approach among city departments Use of Revenue In reviewing the national trends on this subject, there are four basic alternatives to managing City sponsorships. 1. The first alternative is to not allow Municipal Sponsorship activities within the City. On a national level, this is the most common approach because most municipalities are too busy with the day-to-day operation of running a City to look to the future and see the potential revenue streams that sponsorships generate. The idea of government acting in a commercial manner is still a fairly new and uncomfortable concept for many municipalities. 2. A second alternative is to maintain the status quo. Currently sponsorship activities are conducted on a case-by-case, department-by-department, basis without formal guidelines or City Council adopted policy. 3. A third alternative of coordinating sponsorship involves taking the City's current activities to a higher level With this alternative, a sponsorship policy based on the City's values and on input from other municipalities, is established. This policy serves as the City's "game plan" and is used by all departments interested in Sponsorship opportunities. The sponsorship policies are overseen by a citywide coordinator and an interdepartmental sponsorship committee, with representation from legal, purchasing and those departments that are major sponsorship stakeholders. The City coordinator and the committee oversees all City departments' efforts as well as serves as the Point of contact for agencies or corporations that wish to submit sponsor proposals to the City. 4. Another alternative to this issue involves writing and issuing an RFP for a third-party sponsorship agency to solicit sponsorships on behalf of Virginia Beach. In this scenario, the agency creates packages, solicits sponsors and puts the potential sponsor at the negotiating table with City staff. Compensation to a third party agency would be in the form of commissions on the amount of sponsorship revenue received by the City. The following alternatives outline suggested allocation of any revenue generated by the City of Virginia Beach sponsorship activities: Cash is allocated to the City's general fund Cash and in-kind goods/services remain within the sponsored department's budget March 3, 1998 CITY MANAGER'S BRIEFINGS CITY SPONSORSHIPS ITEM # 43294 (Continued) It is the recommendation of this report that the current informal City handling of this issue be upgraded to a more formalized approach. As outlined in alternative three, a designated citywide Sponsorship Coordinator and Interdepartmental Oversight Committee would serve as Managers of the City's sponsorship issues. The Coordinator and Committee would be charged with the following: Creating a formal citywide sponsorship guideline Educating one or more staff persons of each department on Municipal Sponsorship practices and the city's policies Assisting departments in their creation of Vponsor packages Keeping departments updated as to which sponsorv are being solicited by what departments Directly receiving/reviewing sponsor proposals presented by outside agencies or corporations Working with the legal department and the Purchasing Agent to ensure contracts are satisfactory Communicating with the Purchasing Agent concerning such issues as suppliers, vendors and product exclusivity Staying abreast of the trends in the dynamic new industry of Municipal Sponsorship. During the implementation phase interested departments would decide whether they want to create a position to coordinate their sponsorship activities or whether existing departmental staff would be assigned sponsorship coordination as an added job responsibility. Until the City becomes very aggressive in Municipal Sponsorship, the latter is much more likely for most departments and there would be little or no adverse impact on department budgets. It is further recommended sponsorship income be allocated to the department where the sponsorship agreement originated Regarding income from citywide cash sponsorships, a determination would be made to allocate this revenue to general City services or for a specific program or service needing City funding. In-kind sponsorship goods and services would be allocated to the department that obtained them. Assistant Attorney Randy Blow advised all sponsorship agreements be in the form of a written contract to be reviewed by a centralized committee for uniformity. It would depend upon the level of the contract, whether same would be considered by City Council Sponsorships of approximately $100,000 plus would be coming to the City Council; however, Mr. Blow did not believe the smaller sponsorships should be considered for formal action. The Committee might wish to bring forward recommendations relative enumerations ofsponsorship agreements which they wish to bring forward to City Council and those which could be accomplished unilaterally by staff. Mr. Kuhlman advised the Virginia Beach Schools' Policy went into effect June 1997 and established an Oversight Committee. At this particular time, the revenues received by the Schools are strictly to help support interscholastic sports. There is nothing more aggressive than signs along gymnasium walls. Concern was expressed relative littering of City by signs displaying company names as campaign signs. Aesthetics should be considered. Discretion should be utilized in granting these sponsorships so the City does not look like it is "for sale". Some departments are in a disadvantage when revenue can only be allocated to the department where the sponsorship agreement originated. Revenue sources should be utilized to benefit the public and overall City needs. A cost benefit study shall be provided relative which of the methods would be most appropriate. A recommended list of appropriate products should also be provided. Other alternatives should be devised rather than the sponsorship income he allocated to the department where the sponsorship agreement originated. Sponsorships can be used to promote the image of the City. A list of appropriate places to enter into these exclusive agreements will be provided. A list of present donations received by the various City Departments shall be provided i.e. the Agriculture Department receives $100 to $200 from the from the Agribusiness Community for the "Man of the Year". March 3, 1998 City of Virginia Beach Convention & Visitor Development 21 01 Parks Avenue, Suite 500 Virginia Beach, VA 23451 (757) 437-4700 (757) 437-4747 (Fax) Me@morandum DATE: May 5, 1998 TO: James K. Spore, City Manager FROM: James B. Ricketts, Director RE: SPONSORSHIP COMMITTEE FOLLOW-UP REPORT Jim, attached is the subject report which has been completed as a follow-up to the committee's Policy Report presented to City Council on March 3, 1998. Ron Kuhlman is prepared to lead a briefing to City Council on the contents of the report at the May 12, 1998 Council Meeting. Please let me know if you have any questions. JBR:RK:ld Attachment City of Virginia Beach Convention & Visitor Development 21 01 Parks Avenue, Suite 500 Virginia Beach, VA 23451 (757) 437-4700 (757) 437-4747 (Fax) Memorandum DATE: May 5,1998 TO: James K. Spore, City Manager Meyera E. Oberndorf, Mayor Members of City Council FROM: James B. Ricketts, Director RE: MUNICIPAL SPONSORSHEP POLICY REPORT FOLLOW UP The purpose of this memo is to Present to City Council answers to questions that were asked during the Municipal SPONSORSHIP Policy Report bnefing at the March 3, 1998 City Council City's briefing, and to review proposed Sponsorship Policy Guidelines. During the staff presentation, four alternative courses of action to the sponsorship issue were discussed. At the conclusion of the briefing, Staff was directed to present to Council an implementation plan, sponsorship policy guidelines, and answers to the questions asked during the briefing. The four alternatives and recommended course of action are as follows: 1) Not to allow municipal sponsorship activities within the City. 2) Maintain the status quo with sponsorship activities conducted on a case-by-case, departinent-by-departinent basis with no formal guidelines on City Council adopted policy. 3) Take the City's current sponsorship activities to a higher level. With this alternative, a sponsorship policy based on the City's values and on input from other municipalities is established. This policy serves as the City's game plan and is used by all departments interested in sponsorship opportunities. The sponsorship policies are overseen by a citywide coordinator and an interdepartmental sponsorship committee, with representation from legal, purchasing, and those departments that are major sponsorship stakeholders. The coordinator, committee, and departmental sponsorship representatives create and pitch packages to potential sponsors. The legal department reviews the contracts, and the City department with whom the sponsor has reached an agreement fulfills the contractual obligations. The City coordinator and the committee oversees all City departments' efforts as well as serves as the point of contact for agencies or corporations that wish to submit sponsor proposals to the City. 4) Issue an RFP for a third-party sponsorship agency to solicit sponsorships on behalf of Virginia Beach. In this scenario, the agency creates packages, solicits sponsors, and puts the potential sponsor at the negotiating table with City staff. Compensation to a third party agency is in the form of commissions on the amount of sponsorship revenue received by the City. City staff recommended that the current, informal City handling of this issue be upgraded to a more formalized approach. As outlined in alternative three above, a designated citywide sponsorship coordinator and interdepartmental oversight committee would serve as the City's managers of sponsorship issues. The coordinator and committee would be charged with the following: . creating a formal, citywide sponsorship guideline (see attached draft) . educating one or more staff persons of each department on municipal sponsorship practices and the City's policies, 0 assisting departments in their creation of sponsor packages, . keeping departments updated as to which sponsors are being solicited by what departments, . directly receiving/reviewing sponsor proposals presented by outside agencies or corporations, . working with the legal department and the Purchasing Agent to ensure contracts are satisfactory, . communicating with the Purchasing Agent conceniing such issues as suppliers, vendors, and product exclusivity, . staying abreast of the trends in the dynamic new industry of municipal sponsorship. During the implementation phase, interested departments would decide whether they want to create a position to coordinate their sponsorship activities, or whether existing departmental staff would be assigned sponsorship coordination as an added job responsibility. Until the City becomes very aggressive in municipal sponsorship, the latter is much more likely for most departments and there would be little or no adverse impact on department budgets. How Are Sponsorship Funds To Be Allocated? It was the recommendation of staff that sponsorship cash income be allocated to the department where the sponsorship agreement originated. This recommendation would apply to situations where the department sponsorship is solicited for a specific departmental program or event. If a department is successful in growing the sponsorship opportunity to cover multiple departments, then the aeected departments would share that sponsorship income. When a department or the City Sponsorship Coordinator is successful in generating a City-wide sponsorship a determination whether to allocate this revenue to the general fund or to specific program or service would need to be made through staff recommendation. In-kind sponsorship goods and services would be allocated in the same manner as cash income as indicated above. What Do Our Citizens Think About City Sponsorships? At the suggestion of Council, Virginia Beach residents were surveyed to identify their opinions about using sponsorships as a source of revenue for Virginia Beach. A questionnaire was drafted by Continental Research based on information they received from City staff. During the survey only heads of households over the age of 19 were included, and a total of 300 surveys were completed. The vast majority (88.7%) of the respondents thought the City needed to find new sources of revenue to avoid raising taxes and 89% of the respondents were in favor of the City having corporate sponsors for facilities and events. The following are selected highlights from the survey: . 88.7% thought the City needed to find new sources of revenue to avoid raising taxes; . 42.0% mentioned "GTE." when asked if they knew the current name of the Virginia Beach Amphitheater; . 89.0% were in favor of the City having corporate sponsors for facilities and events; . 66.7% thought it was "Very Important" for the City to have a written policy for sponsorship agreements; a 51.3% thought it was "Very Important" for the City to avoid sponsors such as alcohol and tobacco; 26.3% thought it was "Not Important"; . when asked about the importance of controlling signage and other types of publicity offered to sponsors, 63.0% said it was "Very Important"; 9% thought is was "Not Important.,, . Those who participated in the survey have lived in the City for an average of 16.2 years. 0 58.3% thought the real estate and other city taxes were "Rather High"; 39.3% thought they were "About Pight." . 66.9% were homeowners. . 77.3% said they will still be living in Virginia Beach 5 years from now. The complete survey is quite extensive and will be distributed under separate cover. What Types Of Products Are Available For Sponsorships? To answer that question we have attached a list of sponsorship categories developed by the International Events Group (IEG), based in Chicago, Illinois. Products on the list marked with an asterisk indicate a product category for which further discussion would be required according to the suggested sponsorship guidelines. This list will also be part of the Guidelines to Municipal Sponsorship Opportunities" which accompanies this memo. What Types Of Exclusive Or Official Sponsorships Are Available? Opportunities for "exclusive" partnerships exist, but are not limited, to products sold in City vending machines, City recreation centers, and City sponsored events. "Official product" status for sun care products, photographic film, and credit cards and sporting goods products could also be negotiated. What Are The Comparative Costs For City Staff Versus A Contracted Sponsorship Firm? Staff and Council have discussed the pros and cons of City staff assuming the responsibility of soliciting sponsorships versus the use a contracted third party sponsorship firm. From a cost standpoint the duties of the recommended staff City Sponsorship Coordinator position can be utilized with no increase in staff or payroll. The process would involve the support of a Sponsorship Executive Committee (SEC) comprised of City staff and a Sponsorship Input Comniittee (SIC), comprised of City staff and a broad based group of citizen stakeholders.. The City staff group (SEC) would be responsible for recommending sponsorship policy to the City Manager and to City Council. The community based group (SIC) would be responsible for operational oversight of the overall program. Descriptions of all three entities are an integral part of the draft "Guidelines to Municipal Sponsorship Opportunities". With this option the City has the opportunity to accept a variety of sponsorship proposals from multiple sponsorship firms. Sponsorship firms are compensated in a variety of plans including: a combination of a monthly retainer and commission, straight commission, or graduated commission scale based on volume or a combination of the above. Monthly retainers are usually applicable in the case of an exclusive relationship between the sponsorship fmn and their client. The retainer plan compensates the sponsorship fam for the time spent in developing sponsorship income and to cover some operating expenses. In the case of straight commission the city incurs no costs until a sponsorship is sold. In the case of a retainer, the City incurs up front and continuing expense in the amount negotiated by both parties. The staff recommended City Sponsorship Coordinator option avoids up front expenses and the inflexibility created by being locked in with one sponsorship firm. What About "Title Rights" Sponsorships? "Title rights" are sponsorships similar to the GTE title on the Virginia Beach Amphitheater and could be considered for a variety of City owned facilities including The Virginia Beach Sportsplex Multi Purpose Stadium, City owned Oceanfront Parks, and City owned recreation facilities such as a new softball complex. These are usually long term contracts that have strong public policy considerations and should be approved by City Council. What Is The Approval Process For City Sponsorships? Staff recommends that the Sponsorship Executive Committee develop threshold guidelines for staff approval of sponsorship agreements. In general, routine sponsorship agreements would go through an approval process through the City Sponsorship coordinator. It is felt that City Council should be consulted on agreements of $100,000 or more, and/or sponsorships involving "title rights" or as otherwise directed by Council.. Where Do We Go From Here? Staff is asking that City Council direct the City Manager to formalize the enclosed Guidelines to Municipal Sponsorship Opportunities, to establish the working sponsorship committees as outlined above and in the draft guidelines and to proceed to solicit sponsorship opportunities on behalf of the City of Virginia Beach. Submitted by: Reviewed by: I%partment Director Man@' Date: Date: The City of Virginia Beach Guidelines to Municipal Sponsorship Opportunities DRAFT COPY Definition: Municipal sponsorship is a promotional strategy which links a company's product to community services and activities in order to achieve mutually agreed upon commercial objectives for both the company and the municipality. Intent: The specific intent of the municipal sponsorship program is to permit the city and its departments to obtain funds to offer programs or services that they might not otherwise be able to offer to the city's residents, visitors, and employees. Sponsorship income should not be used to sustain those programs and services that are no longer cost effective or desired by city customers/stakeholders. Sponsorship income should not be budgeted for as it is not a steady, reliable revenue source. 1.0 Sponsorship Solicitation: 1.0 City Council authorizes city departments to competitively solicit municipal sponsorships for city programs, events, venues, and activities subject to the conditions contained herein. 1.0.a. Solicitation is authorized to be conducted by city staff only, or the city's contracted designee. 1.1. Companies offering potentially controversial products or services or providing advertising that is contrary to the values of the city shall be evaluated for their appropriateness and potential adverse affect. For example: 1) A cigarette company shouldn't sponsor an employee health fair. 2) A company with which the city is in litigation shouldn't be a sponsor. 1.2. Tobacco and alcoholic beverage (including beer) sponsorships shall not be proactively solicited. 1.3. Only sponsorships from U.S. firms shall be solicited and accepted. 1.3.a. Solicitation of foreign corporations having U.S. subsidiaries is authorized, e.g. Toyota of America, etc. 1.4. Only those suppliers or manufacturers that supply or produce personal consumer products or services may be a city sponsor. 1.4.a. A company whose only product is not available for personal consumer use does not meet the qualifications to sponsor a city event. 1.5. Whenever practicable, all sponsorships shall be competitively solicited by the citywide sponsorship coordinator, requires the notification of companies having the product or service you deem appropriate for an event. 1.5.a. Announcements of city sponsorship opportunities shall be placed in appropriate publication(s) (e.g., the local newspaper, city-related publications, and sponsorship-related publications) to be reasonably assured of notifying potential sponsors. 1.5.b. For sponsorship packages in excess of $100,000 cash sponsorship, the departinent's sponsorship coordinator shall contact other prospective sponsors that produce, manufacture, or supply/distribute the same product or service. 1.6. All city employees shall refrain from informal sponsorship solicitation. 1.6.a. Informal sponsorship solicitation is completely contrary to these guidelines and, more importantly, may cause someone to inadvertently violate the city's values. 1.6.b. A businesslike, "arm's length" relationship shall be maintained between departments and prospective sponsors. 1.7. Sponsorship agreements shall be reviewed and approved by the city's legal department and signed by the sponsored department's director or citywide sponsorship coordinator. 1.7.a. Caution shall be used to not inadvertently imply that the city officially endorses any company, sponsor, or their products or services. A disclaimer (shown in Addendtun B) shall be used for all sponsorships. 1.8. Sponsorship opportunities shall be communicated to and coordinated with the city's designated sponsorship coordinator to ensure that the sponsorship shall not violate existing understandings or agreements. 1.8.a. Each department shall designate, in writing, the city employee authorized to solicit sponsorship for that department. 1.8.b. The designated city sponsorship coordinator shall be a staff member of (TBD) department and shall be charged with the responsibilities in Addendum A. 2 1.9. Unsolicited sponsorships shall be treated the same as solicited sponsorships except that they have been wholly and entirely initiated by the prospective sponsor without prior knowledge of the needs of the city department, program, event, or venue. 2.0 Sponsor-ship Opportunities: 2.0. The following are examples of available sponsorship opportunities: 2.0.a. Signs (quantity, size, design and location to be determined) 2.0.b. Banners (quantity, size, design and location to be determined) 2.0.c. Logos on publicity materials (programs, posters, ads, tickets, etc) 2.0.d. Acknowledgment in news releases and media. 2.0.e. Verbal announcements. 2.0.f. On-site displays. 2.0.g. Product sampling. Samples of a sponsor's product (excluding alcohol and tobacco products) may be given to attendees subject to city ordinance guidelines. 2.0.h. Merchandising opportunities 2.0.i. Exclusivity for product or service category 2.0.j. Hospitality (designated parking, seating, tickets, etc.) 2.0j. Right of first refusal as defined within the sponsorship contract. 2.0.k. Title recognition (name of event, venue, etc. titled after sponsor). 'Ihe proposal to title a venue shall be presented to council, voted upon, and, upon approval, signed by the city manager. 2.0.l. Other opportunities shall be considered on a casc-by-case basis. 2.1. The following are not authorized as sponsorship opportunities: 2.1.a. TV, video, or audio rights to city events unless prior, written approval is obtained from the sponsorship committee. 2.1.b. Use of the city name, seal, or other insignia. 2.1.c. City owned vehicles. 2. l.d. City uniforms. 2. l.e. City property other than 2.0.k. above, e.g., city parks, the oceanfront greenbelt, unless approved by the SIC. 3.0 Selecting the Appropriate Sponsor: 3.0 The city shall select the most appropriate sponsor taking into account the following: financial value, compatibility with the city's image, quality of product or service, and suitability with the program, venue, etc. 3.0.a. The selection shall be impartial and made according to the criteria set forth in the proposal. 3 3.0.b. Care should be taken to check with relevant city departments to ensure that the granting of a sponsorship opportunity shall not appear to give a sponsor the preferred position due to other city contracts and to avoid conflict with existing contracts. 3.0.c. Care should be taken to ensure that no action is taken which indicates that commercial concerns that do not sponsor city activities, programs, events, etc. are treated with disfavor or suffer any reprisal. 4.0 Sponsorship Agreements: 4.0 After negotiations and selection of the sponsor(s) are complete, obligations of the sponsors and the city shall be set forth in written agreements. 4.0.a. Each agreement shall be per event, program, or venue, etc. and not to exceed a one-year period. Annual renewal options shall not exceed five years. Contracts in excess of five years shall be approved by the city manager. 4.0.b. The sponsorship agreement enclosed herein (Addendum C) shall be used as a guide for sponsorships. Agreements shall vary with the type of sponsorship. 4.0.c The basic sponsorship agreement shall be reviewed and approved by the city's legal department and executed by the sponsored department's director. The designated city sponsorship coordinator may also execute contracts. 5.0 Accounting and Record Keeping Procedures: 5.0. Departments shall maintain ledgers which provide an audit trail for the receipt of all sponsorships. Records shall include but not be limited to the following: 5.0.a. Record all revenue (except merchandise or in-kind services) under budget line TBD. 5.0.b. Record all merchandise or in-kind services as TBD. 5.0.c. All monetary transactions shall be made by company check. 5.0.d. Acceptance of cash is prohibited. 5.0.e. A record of all sponsorships to include company name, type, amount, and disposition of sponsorship is to be kept up to date and accurate. 5.0.f. All funds, products, services, etc. resulting from the municipal sponsorship program are to be used within the sponsored department with the exception of cross-departinental or "citywide" sponsorship agreements. 5.0.g. All funds, products, services, etc. resulting from a "citywide" sponsorship program are to be designated for use by council or the city manager. 5.0.h. Each department is required to Submit an annual report summarizing their municipal sponsorship program results (cash and in-kind) to the citywide sponsorship coordinator by July 15 each year. 4 Addendum A: Role of the City Sponsorship Coordinator (CSC): This person serves as the principal advisor to the city manager for the development and coordination of policy matters affecting the operation and management of the citywide municipal sponsorship program. The purpose of this coordinator is to plan and direct the mission-related activities of the city's municipal sponsorship program. This person serves as the liaison between the City Manager/Council and the Sponsorship Executive and Sponsorship Input Committees. 1.1.a. Serves as the subject matter expert and the central point of contact for the municipal sponsorship program. 1.1.b. Develops strategic plans for municipal sponsorship, both internally and externally. 1.1.c. Provides information, advice, and assistance to the various departments' sponsorship coordinators. 1.1.d. Works with the legal department to ensure that contractual obligations are legal, coordinated, and implemented. 1.1.e. Assists departments in their creation of sponsor packages. 1.1.f. Maintains communication between departments especially in regard to which sponsors are being pitched by which departments. 1.1.g. Directly receives and reviews sponsorship proposals presented by outside agencies or corporations to the city. 1.1.h. Liaisons with the procurement office, if necessary, concerning issues of suppliers, vendors, exclusivity, etc. 1.1.i. Stays abreast of the trends in the industry of municipal sponsorship. 1.1.j. Receives annual sponsorship reports from all city departments and creates a citywide report for review by council and the city manager. 5 Addendum B: Role of the Sponsorship Executive Committee (SEC): This group serves to review citywide sponsorship proposals as well as make final recommendations to council in regard to sponsorship policy matters. Working in conjunction with the City Sponsorship Coordinator, this group plans and directs the mission-related activities of the city's municipal sponsorship program. The SEC receives input and dialogs with the Sponsorship Input Committee and ultimately makes final recommendations to the City Manager/Council via the City Sponsorship Coordinator. This staff-based group is composed of representatives from the following departments: - Purchasing - Legal - Convention and Visitors Development - Parks and Recreation - Economic Development - Museums - Public Information Office The SEC would be tasked with the following: 1.1.a. Receives input from the Sponsorship Input Committee and makes recommendations to City Manager/Council via City Sponsorship Coordinator. 1.1.b. Develops strategic plans for municipal sponsorship, both internally and externally. 1.1.c. Provides information, advice, and assistance to the various departments' sponsorship coordinators. 6 Addendum C: Role of the Sponsorship Input ComniLittee (SIC): This group serves in an advisory capacity in regard to operational sponsorship issues. Consisting of a mixtue of citizens and staff, this group would provide feedback and input to the SEC so that the SEC would be befter able to make recommendations based on sufficient dialog from impacted and concerned parties. In addition to the SEC, the SIC would consist of representatives from the following: - Departments of- - Libraries - Video Services - Agriculture - Parks and Recreation Commission - Hotel/Motel Association - Resort Retailers Association - Virginia Beach Restaurant Association - Council of Civic Leagues This group would be charged with the following: 1.1.a. Serves as the "watchdog" for the municipal sponsorship program in regard to the City's vision, values, and integrity, and any other major issues. 1.1.b. Maintains communication between departments, citizens, and special interest groups in regard to the City sponsorship program. 7 Addendum D: Disclaimers: 1.1. A disclaimer shall be used to avoid an inadvertent insinuation that the city officially endorses any company, sponsor, or their products or services. 1.2. A standard disclaimer that shall not detract from sponsorship is as follows: "The City of Virginia Beach sincerely thanks and appreciates the sponsors of this event, venue, activity, etc. However, the City does not officially endorse any one company, sponsor, or its products or services." 1.2.a This disclaimer shall be posted at all sponsored events. 1.2.b. This disclaimer shall be included on all print advertising. 1.2.c. This disclaimer shall be read to the audience at least once during any event where the sponsor is verbally identified. 8 Addendum E: Sponsorship Categories: Aerospace & Defense Media & Publishing Apparel Medical Apparel-Athletic Metals & Mining Automotive-Aftermarket Office Equipment/Supplies Automotive-Cars & Trucks Personal Care Automotive-Motorcycles Pet Food/Supplies Beverages-Beer* Pharmaceutical* Beverages-Coffee & Tea Photo Supplies/Services Beverages-Juice & Drink Mix Restaurant Beverages-Soft Restaurant-Quick Service Beverages-Water Retail Beverages-Wine* Retail-Appliance/Electronic Building & Home Jmprovement Retad-Auto Parts Chemicals Retail-Convenience Store Cleaning Products Retail-department store Computer & Info Systems Retail Drug Store & Pharmacy Consumer Electronics Retail-Hardware Entertainment Retail-Mass Merchandiser Financial Services Retail-Sporting Goods Financial Services-Bank Retail-Supermarket Fimmcial Service brokerage Services-General Financial Services-Credit Card Sportini & Recreational Equipment Financial Services-Insurance Sunglasses Food Telecommunications Food-Candy Telecommunications-Cenular Food-Cereal Telecommunications-Long Distance Food-Dairy Tobacco* Food-Meat Toys & Games & Collectable Food-Snacks Travel-Airline Fuel Travel-Cruise Line Heavy Equipment Travel-Hotel & Resort* Home Furnishings Travel Rental Car Household Goods Utilities & Power Lighting Equipment Watches & Jewelry Lottery & Gambling* Lumber & Paper Products Indicates categories for which further discussion may be required. Please refer to the Guidelines to Municipal Sponsorship Opportunities. 9 Sponse@p @ment D t Sponsorship Spo@p Coordinators Coordinators Coordinators - (DSC) (DSC) *Representatives from: Purchasing, Legal, Convention & Visitor Development, Parks & RecreafioN Erono@c Development, Museum$, Public Information Office. "Representatives from: Ubraries, Video Services, Agriculture, RAAC, Parks & Receation Commission, HoteVMotel Association, Resort Retailers, Restaurant Association, Council ofcivic Leagues. 6 CITY MANAGER'S BRIEFINGS PUBLIC INVESTMENT PROTECTION POLICY 11:55 A.M. ITEM # 43295 The City Manager recognized the members of the Commons Policy Team in attendance: David Grochmal - Team Leader, Mac Rawls, Art Shaw and Louis Cullipher. Robert J. Scott, Director of Planning, advised, with the adoption of the Comprehensive Plan, the City of Virginia Beach has made a major commitment toward quality. Mr. Scott summarized the previous presentation on December 2, 1997. The private sector usually supports the City's quality efforts. When there are certain parcels of property where challenges cannot be met satisfactorily through normal regulatory procedures i.e. change of zoning, another approach was outlined Public Investment Protection Strategy. A fund was proposed to be established which would: With City Council's approval, on a case-by-case basis with a willing buyer and willing seller, purchase property where proposed development would appear to the City Council to threaten quality. Place restrictions on the development of aforementioned properly City Council believes appropriate and consistent with the desired quality. Place the aforementioned property back on the market for resale to the private sector Therefore, the purchase of the property by the City would not be for the purpose of owning the property but for reselling the property. MECHANISM A revolving account funded at the beginning. One of the sources should be sale of excess property currently owned by the City. Funds from sale of right-of-way in street closures Funds from lease of property. Funds from resale put back in fund to replenish same. (Some properties need to be excluded i.e. park sites, Croatan) Apply certain criteria Mr. Scott advised that after the last briefing, City Council requested information relative the criteria. Mr. Scott advised the Committee will evacuate properties being considered for acquisition under this program using the following criteria: Degree of threat to Public Investment/Inability of other tools to address the situation Degree of urgency and threat Sufficiency of development, laws and regulations Cost Potential for resale of property and value Proposed conditions of resale Location within the City by investment area (1) Oceanfront/Pavilion/Dome Site/Rudee Loop/Marine Science Museum area. (2) Lynnhaven Mall/Oceana Industrial Park area (3) Central Library/Pembroke CBD/Mount Trashmore area (4) Princess Anne Park/Lake Ridge/Buffington House/Heron's Ridge Golf Course March 3, 1998 7 - CITY MANAGER'S BRIEFINGS PUBLIC INVESTMENT PROTECTION POLICY ITEM # 43295 (Continued) As there is some consideration being given to the sale of publicly owned property currently and in the immediate future, the City staff requested an appropriate ordinance be scheduled for the City Council Session of March 10, 1998, and commence capturing the value of some of these property sales for this fund. Council Lady Parker advised there are certain properties i.e. Thirty-first Street and Wells property which are already designated to repay other projects. Mr. Scott advised those caveats would be worked into the process. There are certain properties, which are public, but have been acquired for a specific purpose i.e. a park. Not all of the park land owned in the City is viable park land and could be disposed of; however, it is reasonable to assume if City Council decided to dispose of some of that park land that the revenue from that sale should be placed in the Open Space Acquisition Fund rather than this process. This Public Investment Protection Policy does allow for this type of consideration. Councilman Heischober advised there are properties which the City should have bought and never allowed development. When this Ordinance is written, he hopes it is written in such a way that the properties acquired can either be sold with protections or be owned by the City. For example, on the western side of the Lesner Bridge, in order to protect the potential of that boat marina, the City has a site plan which allows this to go forward as opposed to buying the marina, and now if and when the marina goes forward, the City must contend with a developed piece of property. Therefore, he hopes the City does not have to sell all the properties they buy. Mr. Scott advised City Council may determine after purchase, some of these properties should be held and undeveloped. The integrity of the fund must be protected, but perhaps could be reimbursed through the CIP if the City sought this property to utilize for example as a fire station. Council Lady McClanan expressed concerns and her lack of support for this Policy. Council Lady McClanan does not think the City should get into the real estate business. Council Lady Strayhorn advised the necessity to examine and discuss all of the open space remaining in the City. Councilman Branch concurred as some things which can occur by-right are totally incompatible with the vision of the City. Mayor Oberndorf reminded City Council when the City purchased the 24th Street lot, it was with the understanding the public had to raise a certain sum approximately ($600,000) themselves. If the public just wishes to purchase land in their neighborhood to prohibit development and this becomes a problem, perhaps the neighborhood could provide 'half of the financing for same. Mr. Scott advised Virginia Beach has accomplished a similar function as this proposed policy. When the improvements to Independence Boulevard and the Baxter Road Flyover were constructed there was an old drive-in theater site. This was much larger than required. However, it was understood that if only the property was taken for the right-of-way, residual property would remain with the need for access onto the road system, which would have undermined the whole project. Therefore, it was decided, to protect the public investment by purchasing the entire property and place appropriate restrictions on this property for remarket. Today, this is the location of the Avis Building. Therefore, utilizing this approach, there is a track record ofsuccess. The appropriate ordinance and supporting material will be scheduled for the City Council Session of March 10, 1998. March 3, 1998 8 - GENERAL ASSEMBLY ACTIONS 12:25P.M. ITEM # 43296 The City Manager distributed the Legislative Bulletin from the Virginia Municipal League. The Status Report on the Virginia Beach 1998 Legislative Issues was suppose to be available; however, the networks have been DOWN. The Status Report should be available by 2:00 P.M. Vice Mayor Sessoms questioned the funding for the Marine Science Museum and the gap of $300,000. The City Manager said Robert Matthias had advised the two Bills were going to be averaged, which would mean approximately $800,000 would be received. Relative the funding of Rudee Inlet, the City Manager advised the City would attempt to find a way to match funds as the funding in the Senate is not enough. Council Lady Henley referenced House Bill 1244, which precludes nourished beaches from the Coastal Primary Sand Dune Ordinance had passed the House and Senate. Information will be provided. Mayor Oberndorf referenced correspondence from a northern Virginia Senator trying to explain why the City's government at the local level should not be upset relative House Bill 570 concerning vested rights. This was supposedly to be improved. The City Manager advised changes were made, but they are still unacceptable to VML. Councilman Branch questioned the designation of Route 44 which passed the House and asked what will this mean in terms of signage and other issues. This will become part of the Interstate System. Councilman Heischober advised Route 44 was named the Robert Baldwin Memorial Highway from Newtown Road. He did not believe Route 44 this wouldpays the Senate and change this road name to Pearl Harbor Memorial Highway. March 3,1998 - 9 - AGENDA REVIEW SESSION 12:35 P.M. ITEM # 43297 Council Lady McClanan referenced this item and inquired whether this was an increase in responsibility: J.2. Ordinance to AMEND a. Chapter 2, ArticleXXVI re staff assistance and conducting the business of the Human Rights Commission Council Lady McClanan advised she was not in favor or providing a staff for every Commission the City establishes. Fagan Stackhouse, Director of Human Resources, advised there would be no additional staff. Several years ago two positions were eliminated from the Department. Basically, the Director of Human Resources and other staff support the Human Rights Commission. Therefore, there is no additional funding. Mayor Oberndorf expressed appreciation to Mr. Stackbouse and the Members of the Human Rights Commission for their unselfish dedication in raising awareness. ITEM # 43298 Council Lady McClanan referenced the correspondence of concern from an adjacent owner. If someone does not believe this to be appropriate, they should be given the opportunity to speak. J.3a Ordinance to authorize temporary encroachment into a portion of the 300-foot drainage easement at 225 Arrowfield Road by Tony and Denise Bolinsky re construction and maintenance of a walkway, dock and covered boatlift (L YNIVHA VEN B OR 0 UGH) ITEM # 43299 Councilman Branch advised this item was not in the Shadowlawn area: J.4. Ordinance to appoint viewers: a. In the petition of the Virginia Beach School Board for the closure of a portion of 15th Street between Baltic and Mediterranean Avenues, containing 16,250 square feet (VIRGINIA BEACH BOROUGH). ITEM # 43300 BY CONSENSUS, the following items shall compose the CONSENT AGENDA. ORDINANCES/RESOLUTION J.1. Ordinance to declare EXCESS PROPERTY of a parcel adjacent to TRIANGLE BUILDERS at the Southeast corner of Independence and South Boulevards (4669 South Boulevard); and, authorize the City Manager to dispose of same (KEMPSVILLE BOROUGH). J.2. Ordinances to AMEND a. Chapter 2, Article XXVI re staff assistance and conducting the business of the Human Rights Commission b. Section 10-2 re new Precinct Map showing election precincts and polling places. March 3,1998 - 10- AGENDA REVIEW SESSION ITEM # 43300 J3. Ordinances to authorize temporary encroachments: b. Into a portion of the 10-foot drainage easement at 1460 Laurel View Drive by Daniel H. and Susan R. Flye re construction and maintenance of a wharf, boatlift and existing bulkhead (L YAWHA VEN BOR 0 UGH) c. Into a portion of the drainage easement at 5193 Shorecrest Court by Joan Shockley re construction and maintenance of a bulkhead, pier and existing deck (KEMPSVILLE BOROUGH) J.4. Ordinances to appoint viewers: a. In the petition of the Virginia Beach School Board for the closure of a portion of 15th Street between Baltic and Mediterranean Avenues, containing 16,250 square feet (VIRGINIA BEACH BOROUGH). b. In the petition of O & R, Inc., a Virginia Corporation, for the closure of a portion of Powhatan Avenue from West Stratford Road to Shore Drive, located between Blocks 40 and 46, Plat of Ocean Park, containing 0.748 acres (BA YSIDE BOROUGH). J.5. Resolution to AUTHORIZE the promulgation of Amendment Number 4 of the Public Works Specification and Standards Manual. J.6. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. Five Star Limousine Tom's Limo Service J.7. License Refunds: $38,909.57 March 3,1998 - 11 - CITY COUNCIL CONCERNS 12:38 P.M. ITEM # 43301 Mayor Oberndorf requested City Council's direction concerning the first meeting in July. BY CONSENSUS, City Council chose July 7, 1998, as the first City Council Session Session for the Traditional Oath of Office meeting. ITEM # 43302 Council Lady Henley referenced the correspondence from the City Manager relative the access issue at the former SPCA site. The City Manager advised this item will be discussed during the Executive Session ITEM # 43303 Mayor Oberndorf referenced correspondence from Robert F. Hogans, Jr, - School Board Chairman, requesting approval of the integrated Human Resources/Payroll software package. While he realizes City Council has probably identified alternative uses for funds targeted by the School Division for this technoloy purchase, passage of this appropriation and $537 appropriation to the administrative category will fill a very critical void in the School Division's accountability. Vice Mayor Sessoms advised he did not believe there would be any harm in developing a Request For Purchase. Mayor Oberndorf advised the Schools did not believe they would receive response to an RFP, unless the funds were available. The City Manager advised the real concern of the Board is to proceed in a timely manner. He did not believe it was the intent of the City Council to hold this project up, but to see it in the context of the other expenditures and make an intelligent decision. In terms of whether this system will meet both the City and School needs, the staff is reviewing the draft of the RFP to make sure what is going to come back is responsive to meet the City's needs two or three years from now. March 3, 1998 - 12 - ITEM # 43304 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, March 3, 1998, at 12:53 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: William W Harrison, Jr. March 3,1998 - 13 - ITEM # 43305 Mayor 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, appoinhnent, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A)(1). To Wit: Appointments: Boards and Commissions Francis Land House Board of Governors Personnel Board Virginia Beach Crime Task Force PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real properly 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). To-Wit: Agricultural Reserve - Blackwater Borough Southeastern Parkway and Greenbelt Right-of-Way SPCA Site - General Booth Boulevard Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting.- 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay.- None Council Members Absent.- William W. Harrison, Jr. March 3,1998 14 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 3, 1998 2:05 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, March 3, 1998, at 2:05 P.M. Council Members Present John A. Baum, Linwood 0. Branch, I[]. Ilarold I-Ieischober, Barbara M. Henley, Louiv R. Jonev, Reba S. A4cClanan, Mayor Meyera E. Oberndorf,Nancy K. Parker. Mai@ot William D. Sessoms, Ji- nd Louiva M Stravhorn Council Members Absent: William W Harri.@on,.Ii IILI W17'Hl,'Ltll INVOCA TION The Reverend Charles Faul Church of the Apostles PLEDGE OF ALLEGIANCE TO THE FLA G OF THE UNITED STA TES OF AMERICA Vice Mayor Sessoms being a Corporate Officer of Central l,ideli@y Bank, disclosed there were no matters on the agenda in which he has a 'Personal interest", as dejined in the Act, either individually or in hiv capacity as an officer of Central Fidelity Bank. 7he Vice Mayor regularl'v makes this Disclosure as he may or may not know of the Bank.@ interest in any application that mq), come before City Council. Vice Mavor ,5essoms'letter (?fjanua 1, 1998, iy hereb made a part of th(, i c( oi d. March 3. 1998 15 Item VI-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 43172 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in 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 A. c John A. Baum, Linwood 0. Branch, III, Harold Heischoher, Barbara M. Henley, Louis R. Jones, Reba S Mc-Clanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Alai,oi- William D. Sessoms, Jr and Louisa At @travhorn Council Memberv Voting Nai@, None Council Members Absent. William W Harrivoii, ,/r March 3, 1998 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirtnative vote recorded in ITEM # 43305, Page 13, 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 lawftilly 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. R th Hodges Smith, CMCIAAU City Clerk March 3, 1998 16 Item VI-F. MINUTES ITEM # 43307 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 24, 1998. Voting. 9-0 Council Members Voting Aye John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Ma-vor William D Sessoms, fr nil Louisa M. Strayhorn Council Members Voting Nav None Council Members Abstaining. Linwood 0. Branch, II[ Council Members Absent. William W Harrison,.Jr, Councilman Branch ABSTAINED, as he was not in attendanc@t, during the (i Council Session offebrua 24, 1998. March 3 1998 / I Item VI-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43308 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 3, 1998 18 Item VI-J. OPDINANCES/RESOLUTION ITEM # 43309 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council APPROVED IN ONE MOTION Ordinances/Resolution 1, 2 a/b, 3b/c, 4, 5, 6 and 7. Voting. 10-0 Council Memberv Voting Aye John A. Bau , Linwood 0. Branch, III, Ilarold fieischober, Barbara M Henley, Louis R. Jonev, Reba S Mc('Ianan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vic!(, Mai,,or William D. ,5essoms, Jr nti L(iuiva A4 @travhorn Council Memberv Voting Nai@ None Council Members Absent. William W Harrivon Jr March 3. 199S 19 Item VI-J.1. OPDINANCES/RESOLUTION ITEM # 43310 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to declare EXCESS PROPERTY of a parcel adjacent to TRIANGLE BUILDERS at the Southeast corner of Independence and South Boulevards (4669 South Boulevard), and, authorize the City Manager to dispose of same (KEA4PSVII,Lh'ROROII(;H) Voting: 10-0 (By Consent) Council Members Voting A-I,,e John A. Baum, Linwood 0. Branch, III, Harold Hei,@chober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A4ai@oi William D. Sessoms, Jr und Louisa M .5tra-vhorn Council Members Voting Nay None ('ouncil Members Absent. William W. Harrison,.Ir March 3, 1998 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY EXCESS AND AUTHORIZING 3 THE CITY MANAGER TO DISPOSE OF 4 SAME 5 WHEREAS, by Deeds recorded in the Clerk's Office of the 6 Circuit Court of the City of Virginia Beach Virginia, in Deed Book 7 2898, at page 1841; Deed Book 2898, at page 1845, Deed Book 2913, 8 at page 0437; and Deed Book 3107, at page 1428, the City of 9 Virginia Beach acquired title in and to the real property described 10 as the shaded area on Exhibit A attached hereto; and 11 WHEREAS, the City Council is of the opinion that the 12 Property is in excess of the needs of the City of Virginia Beach. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That the following described property is hereby 16 declared to be in excess of the needs of the City of Virginia Beach 17 and that the City Manager is authorized to convey said property in 18 the manner he deems in the best interests of the City of Virginia 19 Beach including the right to retain easements including but not 20 limited to covenants and restrictions that he deems appropriate 21 before the property is conveyed by Quitclaim Deed: 22 All those certain lots, pieces or parcels 23 of land situate in the City of Virginia 24 Beach, Virginia, and being designated as 25 "AREA TO BE DECLARED EXCESS = 0.83 ACRE" 26 as shown on that certain plat entitled " 27 PLAT SHOWING EXCESS CITY OWNED PROPERTY 28 ON NORTH EAST CORNER OF INTERSECTION OF 29 INDEPENDENCE BOULEVARD AND SOUTH 30 BOULEVARD," which plat is attached hereto 31 as Exhibit "A", to which reference is 32 made for a more particular description. 33 2. Any building site created shall connect to public 34 water and sewer where available. 3 5 This Ordinance shall be effective from the date of its 36 adoption. 37 Adopted by the Council of the city of Virginia Beach, 38 Virginia, on the 3 day of March, 1998. 39 CA-6743 APPROVED AS TO CONTENT @@nt of Real Esmte APPROVED AS TO LEGAL SUFFICIENCY Department of Law LXOXN MA,@ SCALE @WO RIA BUII SITE LOCATION MAP FOR EXCESS CITY OWNED PROPERTY AT INDEPENDENCE BOULEVARD AND SOUTH BOULEVARD SCALE: 1" 100' SEE M FMMERV CARE J.C@S aa2" P.669 MIM45 P@W @mm m@ SCALE, r- 2W PFMF) M FORUFnir @RF CEE WRNEY JR.& @ nm @Na M2M P.Mi HAM:P.@ N-T.S. PINF) M FWMEPLY EARL J.MSS aa@ P.@ MB.45 @Pw OF VIRGINIA BEACH D@ P.1841 M.BJW P.64 M.B.45 P.20 GPIN NO.I@7-@ 54@ 1845 65 MB.45 P.20 GRN tOr JOA EXHIBIT'A' PLAT SHOWING EXCESS CrrY OWNED PROPERTY ON NORTH EAST CORNEit OF INTERSECNON OF NDEPENDENCE BOULEVARD AND SOURH BOULEVARD - 20 - Item VI-J.2.a/b ORDINANCES/RESOLUTION ITEM # 43311 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to AMEND Chapter 2, Article XXVI re staff assistance and conducting the business of the Human Rights Commission Section 10-2 re new Precinct Map showing election precincts and polling places. Voting.- 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Ha@son, Jr. March 3,1998 1 AN ORDINANCE TO AMEND CHAPTER 2, 2 ARTICLE XXVI OF THE CITY CODE 3 PERTAINING TO THE HUMAN RIGHTS 4 COMMISSION 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA a BEACH, VIRGINIA: 9 10 That Sections 2-459 and 2-460 of the Code of the City of 11 Virginia Beach, Virginia, are hereby amended and reordained to read 12 as follows: 13 ARTICLI XXVI. HUMAN RIGHTS COMISSION 14 Sec. 2-459. Commission established; composition; appointment 15 and terms of members; etc. 16 17 (a) There is hereby created the City of Virginia Beach Human 18 Rights Commission which shall consist of eleven (11) members. 19 (b) The members of the commission shall be appointed by the 20 city council. Of those first appointed, three (3) members shall be 21 appointed for a term of one (1) year; four (4) for a term of two 22 (2) years; four (4) for a term of three (3) years; and thereafter 23 all appointments shall be for a term of three (3) years. The 24 commission shall elect, from its members, a chairperson, a 25 vice-chairperson. and such other officers as the commission may 26 deem appropriate. 27 . . . 28 29 Sec. 2-460. Staff assistance; recordation of minutes. 30 (a) The director of human resources 31 or his or her designee shall serve in an advisory capacity to the 32 commission and among other duties, shall assist the chairman of the 33 commission in the preparation of meeting agendas. 34 (b) The city shall provide the commission 35 sufficient staff support to perform 36 clerical and administrative duties for the commission, and record 37 the minutes of commission meetings. 38 3 9 40 Adopted by the City Council of the City of Virginia Beach on 41 this 3rd day of March, 1998. 42 43 44 CA-6894 45 DATA/ORDIN/PROPOSED/02-459et.ORD 46 DATE PREPARED: FEBRUARY 24, 1998 47 R2 APPROVXD AS TO CONTMT: Resources APPROVXD AS TO LEGAL SUFFICIZNCY: D*partment of Law 1 AN ORDINANCE TO AMEND THE CITY CODE, 2 PERTAINING TO ELECTION PRECINCTS AND 3 POLLING PLACES, BY APPROVING A NEW 4 PRECINCT MAP 5 6 SECTION AMENDED: 10-2 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 10-2 of the Code of the City of Virginia Beach, 10 Virginia, is hereby amended and reordained to read as follows: 11 Sec. 10-2. Map of election districts precincts. 12 (a) The geographical boundaries of the 13 precincts set forth in section 10-1 are hereby established as 14 delineated on a certain map, revised, 1994 1998, prepared by the 15 public works department of the city and captioned 16 "Election Precincts," which map is hereby approved. 17 (b) The clerk of the council shall endorse on the map 18 referred to in subsection (a) above the date of the council's 19 approval thereof and file the original map, with the minutes of the 20 meeting at which such map was approved, in the records of his 21 office, and shall cause exact copies thereof to be filed with the 22 general registrar of the city, the clerk of the circuit court and 23 the planning department. 24 Adopted by the City Council of the City of Virginia Beach on 25 this 3 day of March, 1998. CERTIFIED TO BE A TRUE COPY OF AN 26 CA-6808 ORDINAKE TO AMEND SECTION 10-2 OF 27 DATA/ORDIN/PROPOSED/10-002.ORD THE CODE OF THE CITY OF VIWINIA 28 FEBRUARY 23, 1998 BEACH RE ELECTION PRECI @ S AND POLLING 29 Rl PLACES, ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BRACH, VIR(;INIA, ON MARCH 3, 1998. "PROVRD AS TO CO@ APIPROVND AS TO L---- Ruth Hodges Smith, A Citv Clerk ol Votor Rogintr@ D7*yartmen v N 'O @AW ON (EN MMT NDN GE SFAT@ IL CULVI R city Of Election Precinct @ &/ si@ PUBL[C FWRKS @PING ESS ANNE ---------------- ---------- ---------- ------------- @l ----------- OA@ ............. ----------- ---------- ----------- CAPPS SHOP ------------ M WA@ -------------- M RA@ ............ ........... 00 ------------- .......... ---------- ---------- . ........... .......... TEEDS c ----------- ----------- -------------- ------------- - ---------- - 21 - Item VI-J 3.a. ORDINANCES/RESOLUTION ITEM # 43312 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment. Into aportion of the 300-foot drainage easement at 225 Arrowfield Road by Tony and Denise Bolinsky re construction and maintenance of a walkway, dock and covered boatlift (LYAWHAVENBOROUGH) The following conditions shall be required: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 2. The temporary encroachments shall terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice is given, such temporary encroachments shall be removedfrom the City's 300-foot drainage easement by the applicant and the applicant shall bear all costs and expenses of removal. 3. The applicant shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachments. 4. 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. 5. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. 6 The applicant must obtain approval from the Planning Department/Waterfront Operations Office and a permit from the Permits and Inspections Office prior to commencing any construction within the City's 300-foot drainage easement. 7. Any above-ground temporary encroachments shall conform to the minimum setback requirements, as established by the City's Zoning Office. 8. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a professional engineer, and/or "as-built" plans of the temporary encroachments, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. March 3,1998 - 22 - Item VI-J 3. a. ORDINANCES/RESOLUTION ITEM # 43312 (Continued) 9. 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 encroachments; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right- of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Hen@, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessonu, Jr and Louisa M. Strayhorn Council Members Voting Nay: Reba S. McClanan Council Members Absent: William W. Harrison, Jr March 3, 1998 Requested by Department of Public Works 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF THE 3 300' DRAINAGE EASEMENT BY TONY AND 4 DENISE BOLINSKY, THEIR HEIRS, ASSIGNS 5 AND SUCCESSORS IN TITLE 6 7 WHEREAS, Tony and Denise Bolinsky desire to construct and 8 maintain a walkway, dock and covered boatlift within the City's 9 300, easement located at 225 Arrowfield Road, Virginia Beach. 10 WHEREAS, City Council is authorized pursuant to §§ 15.2- 11 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 12 authorize a temporary encroachment upon the City's right-of-way 13 subject to such terms and conditions as Council may prescribe. 14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That pursuant to the authority and to the extent thereof 17 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 18 amended, Tony and Denise Bolinsky, their heirs, assigns and 19 successors in title, are authorized to construct and maintain a 20 temporary encroachment for a walkway, dock and covered boatlift in 21 the City's 300, easement as shown on the map entitled: "PROPOSED 22 DOCK & BOATLIFT IN LONDON BRIDGE CREEK AT 225 ARROWFIELD ROAD CITY 23 OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATION BY MR. T. 24 BOLINSKY," a copy of which is on file in the Department of Public 25 Works and to which reference is made for a more particular 26 description; and 27 BE IT FURTHER ORDAINED, that the temporary encroachment 28 is expressly subject to those terms, conditions and criteria 29 contained in the Agreement between the City of Virginia Beach and 30 Tony and Denise Bolinsky, (the "Agreement") which is attached 31 hereto and incorporated by reference; and 32 BE IT FURTHER ORDAINED that the City Manager or his 33 authorized designee is hereby authorized to execute the Agreement. 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be 35 in effect until such time as Tony and Denise Bolinsky and the City 36 Manager or his authorized designee execute the Agreement. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the 3 day of March, 1998. 39 CA-#692Z 40 pdejesu/encroach/Bolinsky 41 R-1 42 PREPARED: 2/5/98 CRIT 2 OF cc Property of John Powers, Hari; ",appossela and others (Opposing Parties) MkP FOR MENT AT 225 ARROWFIELD RD, NDON BRIDGE CREEK SCALE: l' 200' 49 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 8th day of Jan, 1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and TONY BOLINSKY AND DENISE BOLINSKY, Husband and Wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second part. WITNESSETH: That, WHEREAS, the parties of the second part are the owners of that certain lot, tract, or parcel of land designated and described as "225 Arrowfield Road, Virginia Beach, Virginia 23452" and That, WHEREAS, it is proposed by the parties of the second part to construct and maintain a walkway, covered boatlift and dock in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such, it is necessary that the said parties of the second part encroach into a portion of an existing 300' drainage easement, and said parties of the second part have requested that the party of the first part grant a temporary encroachment to facilitate such walkway, covered boatlift and dock within a portion of the City's 300' drainage easement. GPIN 1497-62-2001 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties 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 parties of the second part a temporary encroachment to use a portion of the City's 300' drainage easement for the purpose of constructing and maintaining such walkway, covered boatlift and dock. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the Laws of the commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows to wit: An area of temporary encroachment into a portion of the City's easement known as a 300' drainage easement as shown on that certain plat entitled: "PROPOSED DOCK & BOATLIFT IN: LONDON BRIDGE CREEK AT: 225 ARROWFIELD ROAD CITY OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATION BY MR. T. BOLINSKY", 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 parties of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 300' drainage easement by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the parties 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 parties of the second part. It is further expressly understood and agreed that the parties of the second part agree to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the parties of the second part must obtain approval from the Planning Department/Waterfront operations office and a permit from the Permits and Inspections Office prior to commencing any construction within the City's 300' drainage easement. It is further expressly understood and agreed that any above ground temporary encroachments shall conform to the minimum setbacks requirements, as established by the City's Zoning Office. It is further expressly understood and agreed that the parties of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the temporary encroachment, if required by either the City Engineer's office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the parties of the second part, and may require the parties of the second part to remove such temporary encroachment, and if sucn removal is not be made within the time ordered hereinabove by this agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Tony Bolinsky and Denise Bolinsky, the said parties of the second part have caused this Agreement to be executed by their signatures 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. ei CITY OF VIRGINIA BEACH By city Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Ton ol Y-, Dekse Bolin@ y@ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 1 19-- , by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this - day of , - - 1 19-, by RUTH HODGES SMITH, City Clerk for the CITY f)F VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF Va CITY Va Beach, to-wit: The foregoing instrument was acknowledged before me this 8th day of January, 1998, by Tony Bolinsky and Denise Bolinsky. <- @ @e y Public My Commission Expires:, IMPROVED AS TO CONTENT IriNATUR9 DEPAP,TMr.!Il "7 .4LY OPIN 1497-52@4010 rhU.M.1, A.I.C., L@C. App,.,. ML W W,dlb .1 All,@, 100 A Ed,. Of V.901.11.@ APO,.. 25 N. Plop. f4,@,R.., -PQp@ 90000 i"zwl -Plop. ffl',32' 'T' Need D..* A' wide W.1k.., LO@d.@ Slid,. C'..@ Apw... MLW - As- Belch T.. A Edge Of V.go, 6 Apple.. Eofp. T.. A Ed,. t V.,.,. 10- Wide A.@ ...... SPIN 1407.SZ-1217 E.St.l. Li@t .1 300- DI.M.g. S. J. whit. Ease.*.' DS 2241 P 603 08 2241 P. 611 (A.t. MD 80 P,231 Pi, NO I El C2) GPIN f4#7.f2.4244 S. W wNt. GPM 1497 S@ 1850 NO rES: (1) THIS DRAWLVO MAY ONLY BE USED FOR THE EXCLUSIVE PURPOSE OF Prop. of OBTALQLVS PERMITS FOR THE John M. Powers CONSTRUCTION WORK SHOWN. 2) NO FREE$ WILL RE REMOVED DURING Har L & THE GOEMSE OF THIS PROJECT. ALL Capossl,l@@ & o rs VEGETATION DISTURBED S)IALL BE @PIN 1491 i I'it& RESTORED IAW THE SEOUENCE OF EVENTS ON SHEET -1 @ IF. S@ THE ENTIRE PROJECT IS WITHIN THE RPA (Opposing Parti 4) ACCESS WAY b(AY BE RELOCATED TO AVOID ANY OBSTRUCrfONS. 15) ALL MATERIALS W&L BE STAGED WITHIN rHV LWIRS OF CONSTRUCTION AND 0,V EXISRINO PAVED AREAS r$) LOCATION OF SPRINKLER SYSTEM IS NOT SHOWN. CONTRACTOR S$IALL VERIFY LOCATION 12' Right-Of-Way AND PROTECT FROM DAMAOE @@JRPOSE ACCESS & EROS. PREV "EXHIBIT A" PROPOSED DOCK & BOATLIFT MLW @N: London Bridge Creek .1 225 Arrowfield Road DIACENT -RCPERTY OWNERS: CITY OF VIRGINIA BEACH 3&e ShRet STATE OF VIRGINIA APPLICATION BY: Mr. T. Bolinsky A, -)9- SITE PLAN SHEET 2 OF 2158 Orchard Park Dr -x Y-e -- 12309-2217 Schenectady, New York September 24. 1997 City of Virginia Beach Department of Planning Operations Building - Room 115 Attention: Waterfront Section 2405 Courthouse Drive Virginia Beach, Virginia 23456 Re: Tony Bolinsky, 225 Arrowfield Road GPIN 1497-62-2001 Permit to Construct Pier, Walkway, and Boatlift London Bridge Creek, Virginia Beach I share ownership with six other people in property (listed in tax assessor's records as John Powers et al, GPIN 1497-61-7018) adjacent and to the south of Tony Bolinsky's proposed construction. I object to the project, which comes as close as twenty feet to my property, because it extends too far into London Bridge Creek and may impede boating in the creek. I have a 10% ownership interest in the above referenced adjoining property. I cannot speak for the other people with whom I share ownership. However, I have tried to reach them regarding this matter at the addresses indicated in a letter from me to N. Earl Ward dated August 18. Sincerely, r J. Capo sela (518) 393-2587 home (518) 395-4408 work Copies: Tony Bolinsky N. Earl Ward, P.E. Other owners of GPIN 1497-61-7018 ADJACENT PROPERTY OWNER'S ACKNOWLDEDGEMENT FORM -,f P LA cL, NO CO-@fN!=-@L ----Do NO-, O=- ---c X D 0 0 =-'Tr ,; Lic: r- if (Berore silynin!! this form, plen-<e be sure You h:ive checked the at)urodriate box above.) September 24, 1997 D Fa,ry J. Capossela lo%-mmer 'T T D T !-. L T BL C 0 TDF-P, -kT @o7@- -7 7eascr; 'excessive enc-ca--h,@en'@ on cha=el @y i:-@@ede boa@U4.r- - 23 - Item VI-J 3. b. ORDINANCES/RESOLUTION ITEM # 43313 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment. Into a portion of the 10-foot drainage easement at 1460 Laurel View Drive by Daniel H. and Susan R. Flye re construction and maintenance of a wharf boatlift and existing bulkhead (LYAWHAVENBOROUGH) The following conditions shall be required: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 2. The temporary encroachments shall terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's drainage easement by the applicant and the applicant shall bear all costs and expenses of removal 3. 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 ofsuch temporary encroachments. 4. 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. 5. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. 6. The applicant must obtain approval from the Planning Department/Waterfront Operations Office and a permit from the Permits and Inspections Office prior to commencing any construction within the City's 10-foot drainage easement. 7. Any above-ground temporary encroachment shall conform to the minimum setback requirements, as established by the City's Zoning Office. 8. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a professional engineer, and/or "as-built" plans of the temporary encroachments, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. March 3,1998 - 24 - Item VI-J 3.b. ORDINANCES/RESOLUTION ITEM # 43313 (Continued) 9. 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 encroachments; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right- of-way encroached upon the equivalent of what would be the real properly tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: I 0- 0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Louisa M Strayhorn Council Members Voting Nay.- None Council Members Absent: William W. Harrison, Jr. March 3,1998 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS INTO A 4 PORTION OF A 10' DRAINAGE 5 EASEMENT BY DANIEL H. FLYE AND 6 SUSAN R. FLYE, THEIR 7 HEIRS, ASSIGNS AND SUCCESSORS 8 IN TITLE 9 WHEREAS, Daniel H. and Susan R. Flye desire to construct 10 and maintain a wharf, boat lift and existing bulkhead in the City's 11 easement located at 1460 Laurel View Drive. 12 WHEREAS, City Council is authorized pursuant to §§ 15.2- 13 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 14 authorize temporary encroachments upon the City's easement subject 15 to such terms and conditions as Council may prescribe. 16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That pursuant to the authority and to the extent thereof 19 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 20 amended, Daniel H. and Susan R. Flye, their heirs, assigns and 21 successors in title, are authorized to construct and maintain 22 temporary encroachments for a wharf, boat lift and existing 23 bulkhead in the City's easement as shown on the map entitled: 24 "PROPOSED PIER & BOAT LIFT PLAN LOT 15A LINLIER," a copy of which 25 is on file in the Department of Public Works and to which reference 26 is made for a more particular description; and 27 BE IT FURTHER ORDAINED, that the temporary encroachments 28 are expressly subject to those terms, conditions and criteria 29 contained in the Agreement between the City of Virginia Beach and 30 Daniel H. and Susan R. Flye, (the "Agreement") which is attached 31 hereto and incorporated by reference; and 32 BE IT FURTHER ORDAINED that the City Manager or his 33 authorized designee is hereby authorized to execute the Agreement. 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be 35 in effect until such time as Daniel H. And Susan R. Flye and the 36 City Manager or his authorized designee execute the Agreement. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the 3rd day of March, 1998. 39 r-A- # 6? Z 0 40 pdejesu/encroach/Flye 41 R-1 PREPARED: 2/2/98 To P=, o AS TO -6K cm 2 P'lll,ll" IllonO F.@ l,oosm@llal MOMO 7971 J'..(Pogoo LOCATIM MAP SME I', I,OWI CATION MAP FOR 0 ENCROACHMENT AT 1460 LAUREL VIEW DRIVE SCALE: l' n loo' PRFPAREO BY M ENG. DRAFT. OWE@1"8 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 28th day of January, 1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and DANIEL H. FLYE and SUSAN R. FLYE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second part. WITNESSETH: That, WHEREAS the parties of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 15A, Linlier Subdivision" and being further designated and described as "1460 Laurel View Drive, Virginia Beach, Virginia 23451" and That, WHEREAS, it is proposed by the parties of the second part to construct and maintain a wharf and boat lift and maintain an existing bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such wharf, boat lift and bulkheadk, it is necessary that the said parties of the second part encroach into a portion of an existing City's 10- foot drainage easement, and said parties of the second part have requested that the party of the first part grant a temporary encroachment to facilitate such wharf, boat lift and bulkhead within a portion of the City's 10-foot drainage easement. GPIN 2417-09-5916 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties 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 parties of the second part a temporary encroachment to use a portion of the City's 10-foot drainage easement for the purpose of Constructing and maintaining such wharf, boat lift and bulkhead. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained tn accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and iii 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 easement known as a 10-foot drainage easement as shown on that certain plat entitled: "Proposed Pier & Boat Lift Plan LOT 15A LINLIER," 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 parties 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 10-foot drainage easement by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the parties 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 parties of the second part. It is further expressly understood and agreed that the parties 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 parties of the second part must obtain approval from the Planning Waterfront Operations Office and a permit from the Permits and Inspections office prior to commencing any construction within the City's 10-foot drainage easement. It is further expressly understood and agreed that any above ground temporary encroachments shall conform to the minimum setbacks requirements, as established by the City's Zoning Office. It is further expressly understood and agreed that the parties of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the temporary encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the parties of the second part, and may require the parties of the second part to remove such temporary encroachment, and if such removal is not be made within the time ordered hereinabove by this agreement, the city shall impose a penalty in the sum of one Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Daniel H. Flye and Susan R. Flye, the said parties of the second part have caused this agreement to be executed by their 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 By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk H.@ Susan R. Fly6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ---- -- -1 19---, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 1 19-, by RUTH HODGES SMITH, City Clerk for tqe CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF Virginia CITY/COUNTY OF Norfolk, to-wit: The foregoing instrument was acknowledged before me this 28th day of January, 1998, by Daniel H. Flye and Susan R. Flye. Notary Public My Commission Expires: I'll) @ROVED AS TO CUI@ I Li@'@ Ch @A I C DFPARTMENT CONSTRUCTION OF ACCESS: SITE ACCLSS WILL 13E LIMITED- TO A Sit4r4d ACCESS WAY HANANG A E)RAlt4p YADT E REMOVAL FOR CESS WAY REM@ GETATION ONLI TOTA ACCI E AE ZONE X LIGHT rD LOCATION MAP SCALE: I'=2000' z@ 15B STORAGE z A 0 LO C,4 CN (N CN Li .0 0 ADJA( LOT I GPIN# 2418- DO- 4278 S 45'31'00" W 196.87' ROBIN J. JAMES 864 NNWOOD DRIVE LAUREL VIEW DRIVE (40' R /W) VIRGINIA BEACH, VA 23451 ELEVATIONS AS SHOWN HEREON AR@ GRAPHIC SCALE I" 40' LOT 158: BASED ON U S NATIONAL OCEAN GPIN# 2418-00-6130 SURVEY DATUM (FORMERLY U.S :; & 40 0 20 40 80 R013ERT M. REED G.S DATUM) MEAN SEA LEV5-L 1444 LAUREL MEW DRIVE (M 5 L ) = 0 00 1929 DATTJY flg72 ADJUSTMF NT) 'ARGINIA BEACH. VA 23451 REV. NOVEMBER 26, 1997 "EXHIBIT A" PROJECT #97506 10/0@11/91, SHEET 1 OF 6 LOCATION: PROPOSED PIER & LINKHORN BAY BOAT LIFT PLAN KEL, M-GERWITZ ENGINEERING, INC ENCINEERING-SURVEYING-PUNNING PROPERTY OF: Lu@T 15A 500 CENTRAL DRIVE DANIEL H & SUSAN R. FLYE SUITE 113 1 'h@ = CC-r VIRGINIA BEACH. VIRGINIA 23484 1460 LAUREL \AEW DRIVE [MD (757) 340-c)a28 VIRGINIA BEACH, VA 23451 L@NLIEM @@ I'@., @-- 1803 co LD m 0 0 0 VI In 0 0 cr 0 @ L) (Y a- Co < a 0 (n 0 0 > cl: m L) 0 z 5< z Ckf 7c 10 7- @ 7- C) 5< 0, In 0 (L 0 lr 0, 0 LD Z z 5R ui REV. NOVEMBER 26, 1997 PROJECT #97506 PART OF EXHIBIT A 1 0/02/9 7 SHEET 4 OF 6 LOCATION: PROPOSED PIER & LINKHORN BAY BOAT LIFT PI-AN KELLAM-GERWITZ ENGINEERING, INC. ENCINEERINC-SURVEYING-PLANNING PROPERTY OF: LOT 15A 500 CENTRAL DRIVE DANIEL H. & SUSAN R. FLYE SUITE 113 1460 LAUREL MEW DRWE cc-r VIRCIIIIA BEACH. VIRCINIA 23484 (757) 340-0628 \,LRCINIA BEACH. VA 23451 LI@NOLIE@K FAX (757) 040-1603 25 Item VI-J 3.c. ORDINANCES/RESOLUTION ITEM # 43314 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment: Into a portion of the drainage easement at 5193 Shorecrest Court by Joan Shockley re construction and maintenance of a bulkhead, pier and existing deck (KEMPSVILLE BOROUGH), subject to: The following conditions shall he required: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 2. The temporary encroachments shall terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice, is given, such temporary encroachments shall be removed from the City's drainage easement by the applicant and the applicant shall bear all costs and expenses at removal. 3. The applicant shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachments. 4. 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. 5. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Development Services Center prior to commencing any construction within the City's easement. Mart!h 3, 1998 26 Item VI-J 3.c. ORDINANCES/RESOLUTION ITEM # 43314 (Continued) 7. 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 encroachments; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary 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 Consent) (council Members Voting Aye John A. Baum, Linwood 0. Branch, 111, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. Mc,-('Ianan, Mayor Meyera E. Oberndo@f Nancy A-. Parker, Vi(-e Mavot- William D. .5essoms, Jr and Louisa M. Strayhorn Council Memberv Voting Nat None Council Memberv Absent. William W Harrisoti. Ji- March -3, 1998 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS 4 INTO A PORTION OF A DRAINAGE 5 EASEMENT AT 5193 SHORECREST 6 COURT BY JOAN SHOCKLEY, 7 HER HEIRS, ASSIGNS AND 8 SUCCESSORS IN TITLE 9 WHEREAS, JOAN SHOCKLEY, desires to construct and maintain bulkhead, 10 pier and existing deck into the City's drainage easement located at 5193 Shorecrest Court. 11 WHEREAS, City Council is authorized pursuant to §§ 15.1-316 and 15.1-893, 12 Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's 13 drainage easement subject to such terms and conditions as Council may prescribe. 14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That pursuant to the authority and to the extent thereof contained in §§ 15.1- 17 316 and 15.1-893, Code of Virginia, 1950, as amended Joan Shockley her heirs, assigns and 18 successors in title are authorized to construct and maintain a temporary encroachment for a 19 bulkhead, pier and existing deck in the City's drainage easement as shown on the map 20 entitled: "PLAN VIEW FOR JOAN SHOCKLEY, 5193 SHORECREST CT., VA BEACH, 21 VA 23464 IN LAKE CHRISTOPHER AT LAKE CHRISTOPHER, CITY OF VA BEACH, 22 STATE VA, APPLICATION BY J. SHOCKLEY, DATE 5/16/97," a copy of which is on 23 file in the Department of Public Works and to which reference is made for a more particular 24 description; and 25 BE IT FURTHER ORDAINED, that the temporary encroachments are 26 expressly subject to those terms, conditions and criteria contained in the Agreement between 27 the City of Virginia Beach and Joan Shockley, (the "Agreement") which is attached hereto 28 and incorporated by reference; and 29 BE IT FURTHER ORDAINED that the City Manager or his authorized 30 designee is hereby authorized to execute the Agreement. 31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 32 such time as Joan Shockley and the City Manager or his authorized designee execute the 33 Ageement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 34 day of March, 1998. 3 PREPARED LDHayes CA-# ORDfN\NONCODE\CA#.ORD R-1 APPROVED AS TO CONTENTS SIGNATIURE DEPARTMENT APPROVED AS TO LEGAL SUMCIENC AND FORM EY LOCATION MAP SCALE 1 1,600' CHIUSTOMER LOCATION MAP FOR SHOCKLEY E HMENT AT 5193 RECREST COURT SCALE: l' 100' w ul w :5 PO IZE@E 5 7- coo o_ -r 4 > z:; bi 4T IL r 14. 0 1 U o SUJ 4@PLSS Li I'tf) T-0 BF- go-eb@!) WIYH CeApj&e \V, IC oil 0 SF-D ,Z 7 fE Tz)@ r--x is'n -jr- !5CA@ zo I PURPOSE.: E"s@ IN LA@- CH rz. i sTo Pi4C- 0, A@s 'PLA@ AT LA r- r- DATUM C.+.4.vj. 0. 00, 'A A ENT PROPERTY CITY. OF\,(A GEACA OWNERS: STATE VA 1) CAAPY 9 @@t4 APPLICATION BYZR.S Y 3) \IA SCEAC-H \IA DATE S//@/9-7, PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 20th day of November, 1997, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and JOAN SHOCKLEY, SINGLE, HER 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 14, Block B, Lake Christopher Subdivision, Phase Five-B" and being further designated and described as "5193 Shorecrest Court, Virginia Beach, Virginia 23464 - GPIN 1465-46-444" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead and pier in the City of Virginia Beach, and WHEREAS, in constructing and maintaining such bulkhead and pier, it is necessary that the said party of the second part encroach into a portion of an existing City drainage easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead, pier and existing deck within a portion of the City's drainage easement over Lake Christopher. GPIN 1465-46-4444 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's drainage easement for the purpose of constructing and maintaining such bulkhead, pier and existing deck. It is expressly understood that the location of the face of the bulkhead is to be no more than two feet in front of the face of the existing bulkhead within Lake Christopher. 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 drainage easement as shown on that certain plat entitled: "PLAN VIEW FOR: JOAN SHOCKLEY 5193 SHORECREST CT., VA BEACH. VA 23464 IN LAKE CHRISTOPHER AT LAKE CHRISTOPHER, CITY OF VA BEACH, STATE VA, APPLICATION BY J. SHOCKLEY, DATE 5/16/97," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is ftuther 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 firom the City's drainage easement by the party of the second part and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, not 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 second part must obtain a permit from the Development Services Center prior to connnencing any construction within the City's easement. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such 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 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 encroacinnent 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, Joan Shockley, the said party of the second part has caused this Agreement to be executed by her 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. 4 ('[TY OF VIRGINIA BEACH B_ City Manager/Authorized Designee of the City Managei (SEAL) ATTEST: APPROVED AS TO LEGi,,!- SUFFICIENCY City Clerk TO C014TL-IAT n Shoc IYEPAINMENT STATE OF VIRGINIA CITY OF VIRGINIA BEA('H, to-wit- The foregoing instniment was acknowledged before me this day of 19---. by ('I'I'Y MANAGER/AUTHORIZEI) DESIGNEE OF rHF ('[TY MANAGER Nota Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit@ The foregoing instrwnent was acknowledged before me this - day of 19-.-, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires@ STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 20th day of Nov- ember, 1997, by Joan Shockley. Notary Public My Commission Expires: 27 Item VI-J4.a/b. ORDINANCES/RESOLUTION ITEM # 43315 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to appoint viewers: In the petition of the Virginia Beach School Board for the closure of a portion of 15th Street between Baltic and Mediterranean Avenues, containing 16,250 square feet in the Shadowlawn area (VIRGINIA BEACH BOROUGH) In the petition of O & R, Inc., a Virginia Corporation, for the closure of a portion of powhatan Avenue from West Stratford Road to Shore Drive, located between Blocks 40 and 46, Plat of Ocean Park, containing 0.748 acres (IIA Y,@IDE BOROI [(,H The Viewers are: David M. Grochmal General Services Robert J. Scott Planning George N. Tzavaras Public Works Voting. 10-0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, Harold Heischoher, Barbara M Henley, Louis R. Jones, Reba S Mc-('lanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vict, 44@ii)or William D. Sessoms, Jr and louisa M @trizyhorn Council Members Voting Nalv None Council Members Absent.- William W Harrivon, Jr March 3, 1998 ORDINANCE APPOINTING VIEWERS WHEREAS, the School Board of the City of Virginia Beach has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 3rd day of March, 1998, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the hereinafter described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of such portion of the hereinafter described street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott, David M. Grochmal, and George N. Tzavaras are hereby appointed to view the hereinafter described property and report in writing to the Council as soon as possible, whether, in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of that certain portion of 15th Street located in the City of Virginia Beach, Virginia, and more particularly described as follows: All that certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, more particularly described as "15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT." as shown on that certain plat entitled "STREET CLOSURE PLAT OF PORTION OF 15TH STREET FROM THE CITY OF VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W. P. Large, Inc., to which reference is hereby made for a more particular description. All of the above as shown upon that certain plat entitled "STREET CLOSURE PLAT OF PORTION OF 15TH STREET FROM THE CITY OF VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the street described above. Adopted by the Council of the City of Virginia Beach, Virginia, on this 3 day of March, 1998. CA-6911 APPROVED AS TO LEGAL SUFFICIENCY AND FORM .4 t6fLaw NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 3rd day of March, 1998, at 2:00 P.M., in the City Council Chambers, City Hall, Municipal Center, Virginia Beach, Virginia 23456, the undersigned will petition the Council for the appointment of Viewers to view the hereinafter described portion of 15th Street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of the portion of same. The said portion of the street being described as follows: All that certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, more particularly described as "15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT." as shown on that certain plat entitled "STREET CLOSURE PLAT OF PORTION OF 15TH STREET FROM THE CITY OF VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W. P. Large, Inc., to which reference is hereby made for a more particular description. At that time, any affected person may appear and be heard. At the next regular meeting of the City Council after the report of the Viewers is received, or as soon thereafter as the matter may be placed on the Council agenda, the undersigned will Petition the City Council to vacate, close and discontinue the portion of street in the City of Virginia Beach, Virginia as described above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH B Gary L. Fentress, Esquire Elizabeth E. Fox, Esquire City Attomey's Office Municipal Center Virginia Beach, VA 23456 (757) 427-4531 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS 15TH STREET AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT OF PORTION OF 15TH STITEET FROM THE CITY OF VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," PREPARED BY W. P. LARGE INC. AND ATTACHED HERETO AND MADE PART HEREOF. PETITION TO: THE MAYOR AND THE MEM13ERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, the School Board of the City of Virginia Beach, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.2-2006 of the Code of Virginia, the petitioner applies for the vacating, closing, and discontinuance of that certain street, which is more specifically described as follows: All that certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, more particularly described as "15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT." as shown on that certain plat entitled "STREET CLOSURE PLAT OF PORTION OF 15TH STREET FROM THE CITY OF VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W. P. Large, Inc., to which reference is hereby made for a more particular description. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of a portion of said street; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as soon as practicable as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of a portion of said street, as herein reported and described. 3. That on the 13th day of February, 1998, and the 20th day of February, 1998, Notice of the presenting of this Application was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia, as evidenced by the Affidavit and Notice attached hereto. Respectfully submitted, SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH B@, ,WCoun@el Gary L. Fentress Deputy City Attorney Elizabeth E. Fox Assistant City Attorney Municipal Center Virginia Beach, VA 23456 (804) 427-4531 AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, Elizabeth E. Fox, attorney for the School Board of the City of Virginia Beach, Virginia, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent the School Board of the City of Virginia Beach. 2. That on the 13th day of February, 1998, and on the 20th day of February, 1998, notice of the presenting of the application to close a portion of that certain street known as 15th Street on behalf of the City of Virginia Beach was published in the Virginia Beach Sun a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. Elizabeth E. Fox Subscribed and sworn to before me this 20th day of February, 1998. Not@ Public My conunission expires: 11 - -30 - Ice I I NO'NCE The VoirgoiniaPLEASE TAKE NOTICE, thatiun at the meeting of the City Council of the CitN of Virginia Beach 1 38 South RoseMCVirginia, to be held on the 3rd day Virginia Beacof March, 1998, at 2:00 P.M., in the City Council Chambers, City Hall, Municipal Center. Virginia Beach, Virginia 23456, the affidavit undersigned will petition the Council for the appointment of Viewers to view the hereinafter (te@bed portion of I Sth Street @ STATE OF VIRGINIA report to the City Council whether in the opinion of the View r,lty OF VIRGINIA BEACH vhat, if any incon,ciiiencewo7d to wit: result from klie ,-acating, closing, :in(i @liscon6nuance of the portion of same. Tl&e@d portion of the This day Geradena S. Orange ,@eet being described as follows: A.Ii that certain lot, piece or personally appeared before me i)arcel of land s;'tuate, lying and and after being duly sworn made i)eitig i,) the @ily of Virginia Beach, "irgiiiia, more particularly oath: tiescriw as' ]5th STREET TO BE (1) (He) (She) is affidavit clerk of (7LOSED BY I'HE CITY OF a newspaper published by Byerly @IRGINIA BEACH CITY ('OIJNCIL AREA=03730 AC. OR Publications, inthe city of Virginia 16,250 SQ, f7 " as shown on that Beach, State of Virginia; certain plat entitled "STREET (@'I,OSURE PLAT OF PORTION (2) That the advertisement )F@ ST14. STREET FROM THE hereto annexed of (' T )F VIRGINIA BEACH @IEA('11 BOROUGH-VIRGIMA Elizabeth E. F x @IEAcii IIR(,INIA SCALE has been published, in said @ @,) @ JANIJARY 1999," newspaper on the following Iiiep@Lre(II)y WP -arge,Inc., to @ hicti n@ference is hereby made for dates: O?-130 02-20 @i [note particular (iescfiption ,%I that time, anv affected person n@iy appcx and be, heard. N i i,hc iiex @ meeting of the City @@ul,@i @itt(!t (hi, report of the ecet,(,(I, or as soon jg 98 thereafter as the matter may be [)Iaceti c)n the Council agenda, the undersigned will Petition the City Affiant ('ou,icil to vacate, close and Subscribed and swot$ to before discontinue the portion of street in ibc :-it@ if 'Virginia Beach, me in my city and state aforesaid Virginia as described above. this got-1, day of February SCHOOL BOARD OF THE 19 98 '17Y r)F VIRGINIA BEACH 8) Elizabeth Fox, Of Counsel My commission expires :3ary I,. Fentress, Esquire November 30, 2000 Pli7abeth F Fox, Esquire it (Attomey @ i)ffice @l@ %iicipal ('entt" Notary Public iiginta Beach 23456 7-2 2t2-20 1 4 th STREET o@ -WA 2,27 0 %91 tri 86 GT 2.21-@ W6' 325 o@ s @z- w =or Oa 1 5 t 50'") m'w~,f ym -Nil x@@ 1 6 th STREET (80- RICRT @)'-W@'i 52 In LESLIE L. LILLEY MUNIC4PAL CENTER CITY ATTORNEY STJKDM 1 2QI COKJRTHOLISE DRIVE VIRGINIA BEACH, VA @@ (767) 4274Wl FAX 957) @7 CERTIFICATE OF VESTING OF TITLE TM (75n 427@ I, Elizabeth E. Fox, attorney for the School Board of the City of Virginia Beach, Virginia, do hereby state that: 1. I am an attorney at law and represent the School Board of the City of Virginia Beach, the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the School Board of the City of Virginia Beach, Virginia, which owns the underlying fee to said portion of said street based upon a Deed between Cala Corporation and the City of Virginia Beach dated November 5, 1997, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3809, at page 0810, and a Policy of Title Insurance issued to the School Board of the City of Virginia from Pioneer Title dated November 7, 1997. The statement referenced above is based solely upon the aforementioned documents. The said property refeffed to herein is hereby described as follows: All that certain lot, piece or parcel of land situate, lying and being in the City of Viriginia Beach, Virginia, more particularly described as "15th STREET TO BE CLOSED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL AREA = 03730 AC. OR 16,250 SQ. FT." as shown on that certain plat entitled "STREET CLOSURE PLAT OF PORTION OF 15TH STREET FROM THE CITY OF VIRGINIA BEACH BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE 1"=50' 21 JANUARY 1998," prepared by W. P. Large, Inc., to which reference is hereby made for a more particular description. q,034260 , BK 38 0 9 0 8 1 0 THUS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS DEED is made this 5th day of November, 1997, by and between CALA CORPORATION, a Virginia corporation, formerly known as COBO CORPORATION, (the "Grantor"), and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA, (the "Grantee"). WITNESSETH: That for and in consideration of the swn of TEN DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto the Grantee, the following described property, to wit: All the right, title and interest including, but not limited to, the underlying fee to that portion of the public street situate and being in the City of Virginia Beach, Virginia, and designated as: "15TH STREET TO BE ACQUIRED BY VIRGINIA BEACH CITY PUBLIC SCHOOLS AREA = 0.5739 AC. OR 25,000 SQ. FT." as shown on that certain plat entitled: "PLAT OF PROPERTY TO BE ACQUIRED BY SCHOOL BOARD CITY OF VIRGINIA BEACH FROM CALA CORPORATION BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"=50' 11 JULY 1997," prepared by W.P. Large, Inc. Surveying-Engineering- Planning-Environmental. Said plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 263, at page 31, to which reference is made for a more particular description. This conveyance is made subject to the covenants, conditions, restrictions and easements of record, insofar as they may lawfully affect the aforesaid property. GPIN: 2427-05-2884; 2427-06-3105 It is understood and agreed that the consideration hereinabove mentioned and paid to the Grantor constitutes payment in full for the property and interests hereby conveyed and for damages, if any, resulting from the Project and use made of the property and interests conveyed herein. WITNESS the following signatures and seals: CALA CORPORATION, a Virginia corporation BY: (SEAL) ATTEST: ecretary STATE OF Virginia CITY/COUNTY OF Virginia Beach, to-wit: The foregoing instrument was subscribed, sworn to and acknowledged before me this 6th day of November, 1997, by Edwin B. Lindsley, Jr., President and Secretary of Cala Corporation, on its behalf. No cil (AFFIX NOTARY SEAL) My commission expires: RECORDEI) W'T" 2 CERTIFIC@,L V @ NNEXE@, 91 moV -7 pti I- 03 ft TICOR TITLE NSURANCE 1 47 7016 106 00011443 Policy of Title Insurance American Land SUBJECT TO THE EXCLUSIONS FROM 2. Any defect in or lien or encumbrance on the Title Ammistlon COVERAGE, THE EXCEPTIONS FROM title; Own*r's Policy COVERAGE CONTAINED IN SCHEDULE B 3. Unmarketability of the title. (10-17-92) AND THE CONDITIONS AND STIPULA- 4. Lack of a right of access to and from the TIONS, TICOR TITLE INSURANCE COM- land. PANY, a California corporation, herein called The Company will also pay the costs, the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, attorneys' fees and expenses incurred in not exceeding the amount of insurance stated defense of the title, as insured, but only to the in Schedule A, sustained or incurred by the extent provided in the Conditions and insured by reason of: Stipulations. This policy shall not be valid or binding until 1. Title to the estate or interest described in countersigned below by an authorized signa- Schedule A being vested other than as tory of the Company. stated therein. Issued by: PIONEER -VIRGINIA BEACH TICOR TITLE INSURANCE COMPANY ONE COLUMBUS CENTER, SUITE 303 P.O. BOX 62426 VIRGINIA REACH, VA 23462 (757) 671-7413 By nt Attest ary ALTA OWNER'S POLICY (10-17-92) Re r r F AmericanLandTitle Associati on LoanPolicy(10- 1 7-92) TICOR TITLE INSURANCE COMPANY OWNER'S POLICY SCHEDULE A Agent's I.D. Number: Agents Reference Number 7016 68034 Policy Number: Amount of Insurance Date of Policy: 47 7016 106 00011443 $58,000.00 NOVEMBER 7, 1997 @ 1:03 PM 1. Name of Insured: SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA 2. The estate or interest in the land described herein and which is covered by this policy is FEE SIMPLE. 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed and assignments: and the mortgage or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is located in the City of Virginia Beach, State of Virginia and described as follows: SEE ATTACHED SCHEDULE A - CONTINUED This policy valid only if Schedule B is attached TICOR TITLE INSURANCE COMPANY OWNER'S POLICY SCHEDULE A - continued Policy Number Agent's Reference No. 47 7016 106 00011443 68034 All the right, title and interest including, but not limited to, the underlying fee to that portion of the public street situate and being in the City of Virginia Beach, Virginia, and designated as: "15TH STREET TO BE ACQUIRED BY VIRGINIA BEACH CITY PUBLIC SCHOOLS AREA =.5739 AC, OR 25,000 SQ. FT." as shown on that certain plat entitled: "PLAT OF PROPERTY TO BE ACQUIRED BY SCHOOL BOARD CITY OF VIRGINIA BEACH FROM CALA CORPORATION, BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"=50', 11 JULY 1997", prepared by W.P. Large, Inc., Surveying- Engintering-Planning-Environmental. Said plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 263, at page 31, to which reference is made for a more particular description. IT BEING the same property conveyed to the School Board of the City of Virginia Beach, Virginia by deed of Cala Corporation, a Virginia corporation, formerly known as Cobo Corporation, dated November 5, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 3809 at page 810. TICOR TITLE INSURANCE COMPANY OWNER'S POLICY SCHEDULE B Policv Number Agent's Reference No. 47 7016 106 00011443 68034 This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements, or claims of easements, not shown by the public records. (4) Taxes or special assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS The mortgage, if any, referred to in item 4 of Schedule A, and the following exceptions: None PIONEER TITLE IMPORTANT INFORMATION TO POLICYHOLDERS In the event you need to contact someone about this policy for any reason, pime contact your agent. If you have additional questions, you may contact the insurance company issuing this policy at the following address and telephone number: TICOR TITLE INSURANCE COMPANY 7921 Jones Branch Drive, 6th Floor McLean, Virginia 22102 Telephone: 1-800-336-5442 If you have been unable to contact or obtain satisfaction from the company or the agent, you may contact the Virginia Bureau of Insurance at: State Corporation Commission, Bureau of Insurance Property and Casualty Division, 1220 Bank Street, Jefferson Building, P.O. Box 1157 Richmond Virginia 23209 Telephone: (800) 552-7945 (in Virginia), or (804) 786-374 1 (outside Virginia). Written correspondence is preferable so that a record of your inquiry is maintained. When contacting your agent, company or the Bureau of Insurance, have your policy number available. NOTE: You are reminded that all claims and notices required under the terms of the policy must be made to the Claims Department at the Company's principal office at P.O. Box 2233, Los Angeles, California 9005 1, as required by the terms of the policy. Do not hesitate to contact Ticor's state office in Fairfax at the address and telephone number shown above should you have any questions. ORDINANCE APPOINTING VIEWERS WHEREAS, O & R, Inc., a Virginia corporation, has given due and proper notice, in accordance with Section 15.2-2006 of the Code of Virginia, 1950, as amended, that it will on March 3, 1998, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the hereinafter described portion of a street and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuance of a portion of such street; and WHEREAS, O & R, Inc. has filed such application with the Council. NOW, THEREFORE, be it ORDAINED by the council of the City of Virginia Beach, Virginia: THAT Robert J. Scott David M. Grochmal and George N. Tzavaras are hereby appointed to view the hereinafter described portion of a street and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result from the discontinuing and vacating of the portion of the street located in the city of Virginia Beach, Virginia, and more particularly described as follows: That certain 0.748 acre portion of Powhatan Avenue from West Stratford Road to Shore Drive, as shown upon that certain plat entitled "Survey of Right-of-way Street Closure for a Portion of Powhatan Avenue Located Between Block 40 and 46 of Ocean Park (Map Book 5, Page 132), Bayside Borough, Virginia Beach, Virginia," dated January 26, 1998, as prepared by Kellam-Gerwitz Engineering, Inc., Virginia Beach, Virginia, a copy of which is attached hereto as "Exhibit A." The plat described above is intended to be recorded with the Ordinance closing the portion of the street described above. ADOPTED by the City Council of the City of Virginia Beach, Virginia, this 3 day of March, 1998. GPIN NO: Street/Not Assigned IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT PORTION OF POWHATAN AVENUE FROM WEST STRATFORD ROAD TO SHORE DRIVE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "SURVEY OF RIGHT-OF-WAY STREET CLOSURE FOR A PORTION OF POWHATAN AVENUE LOCATED BETWEEN BLOCK 40 AND 46 OF OCEAN PARK (MAP BOOK 5, PAGE 132), BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA," DATED JANUARY 26, 1998, AS PREPARED BY KELLAM-GERWITZ ENGINEERING, INC., VIRGINIA BEACH, VIRGINIA, COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A" AND MADE PART HEREOF. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, O & R, Inc., a Virginia corporation, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.2-2006 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street which is more specifically described as follows: That certain 0.748 acre portion of Powhatan Avenue from West Stratford Road to Shore Drive, as shown upon that certain plat entitled "Survey of Right-of-Way Street Closure for a Portion of Powhatan Avenue Located Between Block 40 and 46 of Ocean Park (Map Book 5, Page 132), Bayside Borough, Virginia Beach, Virginia," dated January 26, 1998, as prepared by Kellam-Gerwitz Engineering, Inc., Virginia Beach, Virginia, a copy of which is attached hereto as "Exhibit A." 2. That no inconvenience will result to any person by reason of the closing, vacation and discontinuance of a portion of the street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view the portion of the platted street proposed to be closed and to report in writing to the Council as soon as practicable as to whether, in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and the closing of the portion of the street described herein above. 3. That on February 13, 1998, and on February 20, 1998, notice of the presentation of this application was published in the Beacon section of the Virginian-Pilot & Ledger-Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the owners of the fee simple interest in the land adjacent to the portion of the street described in paragraph 1 of this Petition is the Petitioner, which will, as the adjacent land owner, become the fee simple owner of the closed portion of the street. Respectfully submitted O & R. INC., A VIRGINIA CORPORATION By ",Of Co@sel Robert G. Jones, Esq. Jones, Russotto & Walker, P.C. 128 S. Lynnhaven Road Virginia Beach, VA 23452 NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 3rd of March, 1998, at 2:00 p.m., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of that certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacation, closing and discontinuance of same, the said portion of said street being described as follows: That certain 0.748 acre portion of Powhatan Avenue from West Stratford Road to Shore Drive, located between Block 40 and 46, Plat of Ocean Park (Map Book 5, Page 132), Bayside Borough, Virginia Beach, Virginia. All the above, as shown upon that certain plat entitled "Plat, Section 'C' of Ocean Park, Portion of the Property owned by Ocean Park Corporation, made by P. F. Moeller, C.E., dated March 29, 1917. At that time, anyone affected may appear and present his views. After the report of the viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Powhatan Avenue in the City of Virginia Beach, Virginia, described above. 0 & R, INC., orporation By Robert G. Jones, Esq. Jones, Russotto & Walker, P.Cl. 128 S. Lynnhaven Road Virginia Beach, VA 23452 AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Robert G. Jones, attorney for O & R, Inc., a Virginia corporaton, being first duly sworn, depose and state: 1. That I am an attorney at law and member of the Virginia State Bar and represent O & R, Inc. 2. That on February 13, 1998, find on February 20, 1998, notice of the presenting of the application to close a portion of that certain street known as Powhatan Avenue from West Stratford Road to Shore Drive on behalf of O & R, Inc. was published in the Beacon a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the affiant saith not. Subscribed and sworn to before me this 23rd day of February, 1998. Notary Pul MY commission expires: THE VIRGINIAN-PILOT STAT Cs DATE 02/22/98 PLEA9 HRMT O'@ 2MCLO!520@PA@y @E OW JONES, RUSSOTTO & WALKER 128 S. LYNNHAVEN RD. $ VIRGINIA REACH VA 234S2 xasug EDXTXON rmv-c NSR DESCITXPTXON size GROSS ANT. 02/13/96 FULL 16SI46001 NOTICE PLEASET 2X 0034 97.30 02/20/96 FULL 16Sl46002 NOTICE PLEASET 2X 0034 97.30 TOTAL 194.60 I.tth. Pi.t, S@t.@ b, @.8@ P.rk .mh 29,1917, th. mn@r ..y p 20 998 State of Virgwa to-wit: AFFIDAVIT City of Norfolk This day D. Johnson personally appeared before me and after being duly sworn made oath that3 (1) (He) (She) in affidavit clerk of The Virginian-Pilot a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed at NOTICE PLEASET has been published in said newspaper during the following dates: 02/13/98 - 02/20/98 Affiant Subscribed and sworn to before me in my city and state aforesaid this 22HO day of FEBRUARY 1998 My commission expires AUGUST 31, 1999 JONES, RUSSOTTO & WALKER P.C. ATTORNEYS AT LAW 128 South Lynnhaven Road Virginia Beach, Virginia 23452 Robert G. Jones Telephone (757) 486-0333 DoM S. Ruwtto (Admitted only in North Carolina) Fax (757) 340-8583 Susan S. Walker Michael A. Stakes January 29, 1998 In Re: IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT PORTION OF POWHATAN AVENUE FROM WEST STRATFORD ROAD TO SHORE DRIVE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "SURVEY OF RIGHT-OF-WAY STREET CLOSURE FOR A PORTION OF POWHATAN AVENUE LOCATED BETWEEN BLOCK 40 AND 46 OF OCEAN PARK (MAP BOOK 5, PAGE 132), BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA," DATED JANUARY 26, 1998, AS PREPARED BY KELLAM-GERWITZ ENGINEERING, INC., VIRGINIA BEACH, VIRGINIA, COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT All AND MADE PART HEREOF. CERTIFICATE OF TITLE The undersigned, being an attorney licensed to practice law in the Commonwealth of Virginia, does hereby certify as to the following matters: 1. That he has examined the title to the property described in "Exhibit All attached hereto that is the subject of the street closure for a portion of Powhatan Avenue from West Stratford Road to Shore Drive. 2. That the property described in "Exhibit A" is owned by the City of Virginia Beach, a municipal corporation. 3. That the source of title of the property is that certain deed dated July 20, 1988, from Ocean Park Corporation, Edwin B. Lindsley, Jr. and Fred Jacobson, individually and as officers, directors and stockholders, and Paul M. Lipkin, Receiver for the Ocean Park Corporation, (being a Virginia corporation organized in 1911 and dissolved May 31, 1931, and subsequently reinstated by the State Corporation Commission on August 17, 1982) to the City of Virginia Beach, Virginia, a municipal corporation, as duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2752 at page 0162. 4. That there is of record no encumbrance on the above described property. 5. That the only party having a legal and equitable ownership interest in the Property is the City of Virginia Beach, Virginia, as named in paragraph 2 above. 6. The date through which the undersigned certifies the above matters is January 26, 1998, at 8:00 a.m. Respectfully submitted, Robr G.IJO 2 EXHIBIT A That certain 0.748 acre portion of Powhatan Avenue from Went Stratford Road to Shore Drive, as shown upon that certain plat entitled "Survey of Right-of-Way Street Closure for a Portion of Powhatan Avenue Located between Block 40 and 46 of Ocean Park (Map Book 5, Page 132), Dayside Borough, Virginia Beach, Virginia," dated January 26, 1998, an prepared by Kellam-Gerwitz Engineering, Inc., Virginia Reach, Virginia, copy of which is attached hereto as "Exhibit A." It being a portion of that certain real property identified as "Parcel Fourteen" in that certain deed dated July 20, 1988, from Ocean Park Corporation, Edwin B. Lindsley, Jr. and Fred Jacobson, individually and as officers, directors and stockholders of Ocean Park Corporation, and Paul M. Lipkin, Receiver for the Ocean Park Corporation, (being a Virginia corporation organized in 1911 and dissolved May 31, 1931, and subsequently reinstated by the State Corporation Commission on August 17, 1982) to the City of Virginia Beach, Virginia, a municipal corporation, by deed dated July 20, 1998, as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2752, at page 0162. 3 E-Z W. ul CL - - - - - - - - - - LU ui LU U- C, U') ------------ x ci 28 Item VI-J.5. ORDINANCES/RESOLUTION ITEM # 43316 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to AUTHORIZE the promulgation of Amendment Number 4 of the Public Works Specification and Standards Manual. Voting. 10-0 (By Consent) Council Members Voting Aj,,c John A. Baum, Linwood 0. Branch, III. liarold Heischober, Barbara M Henley, Louis R. Jones, Reba S Mc-Clanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vic(, 44ai,or William D. Sessoms, Jr and Louisa M 51rayhorn Council Memberv Voting Na,v. None Council Members Absent. William W. Harrison, h March 3, 1998 I A RESOLUTION TO APPROVE AND AUTHORIZE THE 2 ADOP17ION AND PROMULGATION OF 3 AMENDMEENT NUMBER 4 OF PUBLIC WORKS 4 SPECIFICATION AND STANDARDS MANUAL 5 WHEREAS, there exists a requirement for the published engineering standards to be 6 maintained as current and to provide and promulgate technical design criteria, policy interpretations 7 and ordinance application to be ufiked by City staff and the engineering consulting conununity in the 8 preparation, review and approval of all development related plans throughout the City, for the design 9 of all engineering projects by the City, and to promulgate these criteria for contracts awarded by the I 0 City and for Public Works infrastructure accepted by the City, and I I WHEREAS, the City's Public Work's Specifications and Standards Manual was adopted June 12 14,1994; and 13 WHEREAS, the Manual has been revised since originally adopted and promulgated on June 14 14, 1994 in three annual amendments; Number 1 dated March 14, 1995, Number 2 dated April 23, t 5 1996, and Number 3 dated April 1, 1997; and 16 WHEREAS, over the past year, staff members of the Department of Public Works, 17 Engineering Division have assembled revisions and updates to all existing engineering materials, 18 details, and technical requirements relating to the Public Works Specifications and Standards Manual, 19 compiling an Amendment Number 4 (attached hereto) to be inserted into the working document in 20 notebook format, consisting of the following additions or revisions: 1) Section 6.2.31 is amended to 21 allow the use of exposed aggregate in concrete driveways under certain circumstances; 2) Drawings 22 nwnbered B-34(a) and B-34(b) are added to Appendix B relating to alternative revetment shoreline 23 protection for some stormwater management facilities, and 3) Drawing C-7, CG-12, Curb ramp (for 24 Persons with Mobility Impairments) is revised; and 25 WHEREAS, the resulting Amendment Number 4 has additionally been reviewed, revised, 26 and enhanced by expert input from area consulting engineering firms and other interested 27 organizations, such as the Tidewater Builders' Association. I NOW, THEREFORE, BE IT RESOLVED BY THE COUNCEL OF THE CITY OF 2 VIRGINIA BEACH, VIRGINIA; 3 That the Council approves and authorizes the adoption and promulgation of the Amendment 4 Number 4 of the Specifications and Standards Manual developed by the Engineering Division of the 5 Department of Public Works as identified herein and attached hereto. 6 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 day of 7 March, 1998. AS Do PUBLIC WORKS SPECIFICATIONS AND STANDARDS MANUAL AMENDMIENT NUMBER 4 SUMMARY The revisions to the Public Works Specifications and Standards Manual address items requiring clarification or supplemental information identified during the last year by those individuals using the Manual. They have been compiled by staff with input from consultants and outside agencies to improve the content and clarity of the Manual. Highlights of these revisions are summarized below The Engineering Division holds regular Bimonthly City/Consultants Meetings to review various topics of interest. During the preparation and review of Amendment Number 4 of the Public Works Specifications and Standards ManuaL all area consultants and a few other interested outside organizations were notified at the September 10, 1997 and the November 12, 1997 Bimonthly City/Consultants Meeting of this upcoming amendment. Requests were also made for any new items for inclusion in this amendment A complete copy of the draft amendment was sent out to everyone with the agenda for the January 14, 1998 Bimonthly Meeting Everyone was given the opportunity to review the entire amendment package in detail. There were 12 consultants representing 12 consultant firms in attendance at the January 14, 1998 Bimonthly Meeting, and a summary discussion with a complete copy of the latest comments on this amendment were presented. Comments were received and incorporated where possible and appropriate into the amendment. A copy of the final revised amendment was sent out with the minutes of the January 14th meeting to all area consultants and other interested organizations on the mailing fist. After the presentation the consultants were informed that they would have another short summary presentation of the final Addendum Number 4 at the first Bimonthly meeting after adoption by City Council. A copy of a letter from Tidewater Builders Association is also attached, stating that they have reviewed the amendment CHAPTER 6: Additional wording was added to Section 6.2.31 . to allow the use of exposed aggregate in concrete driveways for residential dwelling units where circumstances are such that the homeowner's request to use exposed aggregate finish will not conflict with City, State, and Federal Regulations witch set forth where and how exposed aggregate shall be used for CG-12 Curb Ramps (for Persons with Mobility Impairments) APPENDIX B: Two drawings, numbers B-34(a) and B-34(b) have been added to Appendix B for alternative revetment (hardening) shoreline protection for small to moderate sized stormwater management facilities. These two new standards should be less expensive than our present rip-rap design, and at the same time, provide more alteniafives that are acceptable to individual homeowners. These designs will be monitored after installation over the next few years, to ascertain if further modifications of these drawings are necessary APPENDIX C: Drawing C-7, CG-12, Curb Ramp (for Persons with Mobility Impairments) was revised to include important items from City policy as well as state and federal ADA regulations 2117 Smith Avenue - Chesapeake, VA 23320-2515 757-420-2434 - Main Fax 757-424-5954 Legislative and Regulatory Affairs Fax 757-420-5539 M@ATION PublicaLions/Sales and Production/Communications Fax 757-420-8021 Larry R. HUI I PUSH)E@ Jeffrey W. Ainslie - F@ VKE Pu-sDF@w Robert A. \Videner - SOCOND VKE W-%)@ Scott M. Gandy - K@[A@, VKF, PMII)F@ January 21, 1998 James R. Jackson Jr. SF,@@ Mr. Richard Elliott Joseph C. Robinson Civil Engineer Frederick J. N2politano 11 City of Virginia Beach . IKMM@@ p@17 @- II)E.@ Operations Bldg/Municipal Center C.hannmg A. Pfeiffer Virginia Beach, VA 23456 - EucL@T VT@ P@ii)rw BUILL)ER DIRECFORS Dear Richard: Judy B. Cmmley iode L. Kirk Pete A. Kotarides On behalf of the Tidewater Builders Association, I would like to thank you for Robert B 4ullins the opportunity to comment on amendment number 4 of the Public Works John C Napolitaw Standards and Specifications Manual. L Bert Reavis jeffreyj Wer@rs The shelter industry considers the manual a great tool in being able to "know Jerry L. Cau@y the rules up-front". Therefore, we solicit comments on proposed amendments, Kenneth A. Dierks such as the current one, to our site development subcommittee. This John R. Reddecliff committee consists of builders, developers, and en&cers who regularly do I Van Rose Jr business in Virginia Beach. With such a diverse membership and ultimately E j Ryan Jr varying technical opinion, we do not routinely "endorse" the manual. kri j Zacha@ However we received no concerns from our subcommittee on the proposed DIREL-rORs EmERm changes in the draft amendment. Joseph C Addington Jr Edward P Brogan Williamj Fanne% We look forward to discussing future amendments in order to continue William L Hendricks improving the Manual on a routine basis. Julian PAshkind Howard M. Wei.@rg .NAHB PAST PRESIDE.\-5 Sincereiv. Frederick j ',apoliuno Stanley Wamnch .'N'AHB LIFE DiREcToRs Edward P. Bmgan il,4,i Lee A. Gifford (dffeawd) Dick Foster, Chaimian Lawrence j Goldnch Robert A Lawson Virginia Beach Municipal Affairs Chairman Frederick j NapoliLano @'incent A. Napolitano Julian Rishkind Michael P R2shkind Stanley Wamnch [toward -\I. Weis@g Wendell A White 2 6 I IBAV P@-T PRESIDE.\7S Lee A. Gifford (d@e2sed) [)avid A. How2rd (d@eawd) Frederick j Napolit2no Vincen( A. Napolitam Ted S. Schlossmn Wuglas W. Talbot "Do Business With A Member" @tanley Wamnch HONORARY MLMBFR Affiliated with the Home Builders @ tatic)n of Virginia and FX,Vle F Hull the National Association of Home Builders -Visilour website at hitp//wwwpilf)i nl!n(- ),nitha- Public Works Specifications and Standards adequate notice and opportunity to relocate the encroachments prior to the start of construction. i. The face of curb radii shall be a minimum of 35-feet at the intersection of a project street with Atlantic Avenue. j. The existing traffic control signing and pavement marking is evaluated. The City shall ensure the project design conforms to the current standards and requirements of the Manual on Uniform Traffic Control Devices (MUTCD). The required installations shall conform to current Public Works/Traffic Engineering standards k. The pavement section will be constructed of asphaltic concrete designed for the existing soil conditions, l. Existing exposed-aggregate finish driveway aprons and parking pads are replaced in-kind, unless in conflict with VDOT of ADA standards. All other aprons and pads are replaced with class A-3 concrete. If the property owner elects to upgrade the driveway or parking pad to an exposed aggregate finish, the property owner must pay the cost differential (exposed aggregate vs. A-3 concrete finish). This is a material standard; see item m below for geometric criteria. Exposed aggregate for residential driveways may be allowed where no CG-12 curb ramps are adjacent to the residential driveway. Where concrete sidewalk (but no CG-12 curb ramps required) abuts either side of a residential entrance, exposed aggregate may be allowed for the residential entrance, except a strip of concrete across the entrance equal to the width of the sidewalk which shall be broom finished. M. Each single-residential unit requires two parking spaces. Where adequate on-site parking exists or is required by the approved site plan, one 12-foot wide driveway is designed so as to tie into that parking area. Where on- site parking does not exist or is not required as part of the approved site plan, a 20-foot wide parking pad for two cars is designed within thet right-of-way. For mult-i-residential units, each unit requires two parking spaces. Where adequate on-site parking exists or is required with the approved site plan, one 12-foot wide driveway is designed so as to tie into that parking area. Where on-site parking does not exist or Revised 2/98 Incidental Concrete Construction Page 6 - 7 Zo Ln z Ir z @i MZ- > F. Oz .o LL "a zo M-Q @,-Z Do > m@ ow 0 0 z af f-z CS w z@ u n 2z Iz mm Z;8x-. M<, ol @zz z 02@ WI@ LD Om O>, wo&r- mx,u4<@ 00 0 Z,g. 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U-0 -L, -o -o E. 0 :II otb 11 2@ > C'.D o cg@ 75 60i E, EC 0 woo a 0 L D-; v p c c 0 0 Moe 0 'Z 0 o@@ M% 00 L c 0@ a C,s .c -r, ,o 0 LCL C E 0 Sot c WC 7E Lr 0 U, 0 L,@ QOI, g 00 Ze. z . . i , r@c *bk .. c Zi b Eeib s I- N> 0 31 u@ OU 0 Li ZO 2-1 'IO ol BOL 'C' ojoc Xi, 'L@ Z-A'B 0, 0 C b L -N 0 - 9 w a a U-E > 00 ot co 0 a L r c , .c O%e L cm o LI@ L ON o@, 00 @zo 0 U 0 0 r 0 L Z.6 L 0 0 0 'E M R 0 > Lo 0 0 c x 0 0 C L 0 L 0 Co@ "-c CO 'EZ e : - ou .6 0 c;v COE m ,zlz ),c 0 @O vlo c 'o 0 0 c 0.1c, 0 z m m u UEt c o C CEEO 0 -z no Co mw cm i, C u UD C oz 0 o , L:.c v 5 3c X. Log cr Lii OK% C3 29 Item VI-J.6 ORDINANCES/RESOLUTION ITEM # 43317 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. Five Star Limousine Tom's Limo Service Voting.- 10-0 (By Consent) Council Members Voting A- e John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, T'ic(, Ma.voi William D. Sessoms, Jr and Louisa M Stra-vhorn (council Members Voting Nai@ None (council Members Absent. William W Harrison, Jr March 3, 1998 30 Item VI-J.7. ORDINANCESIRESOLUTION ITEM # 43318 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: License Refunds: $38,909.57 Voting, 10-0 (By Consent) Council Members Voting Aye John A. Baum, Linwood 0. Branch, 111, Harold Heivchober, Barbara M. Henley, Louiv R. Jones, Reba S Mc('Ianan, Mayor Meyera E. Oberndorf,' Nancy K. Parker, Vi(,e Mavor William D. Sessoms, Jr and Louisa M Stravhorn C'ouncil Memberv Voting Nav None Council Members Absent. William W Harri,yon, Jr March 3, 1998 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 PENALTY INTEREST TOTAL YEAR PAID Allen, Raymond E. 1996-97 Audit 112.51 2.61 115.12 1001 Emporia Drive Va Beach VA 23464 Artys Deli Restaurant Inc 1996-97 Audit 392.40 17.54 409.94 729 Abbey Arch Va Beach VA 23455 Bay Distributing Co Inc 1997 Audit 5,059.63 307.39 5,367.02 1432 Front Avenue Lutherville MD 21093 Brinker Virginia Inc 1995-97 Audit 179.88 179.88 6820 LBJ Freeway/ Tx Dept Dallas TX 7520-6515 Certified as @PhiHp J.KeNaffi- Commissioner of the Revenue Approved as to form: -Cedlie L. Uffey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $6,071.96 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORONG 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 PENALTY INTEREST TOTAL YEAR PAID Brookes, Laurel 1996-97 Audit 10.00 0.63 10.63 2880 Holiday Court Morgan Hill CA 95307 Butt Plumbing & Heating Inc P O Box 4387 1996-97 Audit 168.00 10.74 178.74 Va Beach VA 23454 Cajulis, Leonora M 1996-97 Audit 10.60 1.67 12.27 4512 Clemsford Drive Va Beach VA 23456 Carmines Coiffures Inc 1996-97 Audit 33.27 5.40 38.67 2859 Vs Beach Blvd Va Beach VA 23452 Car J. Keflam Commissioner of the Revenue Approved as to form: @ L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $240.31, were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk lose C.. AN ORDINANCE AUTHOFUZI14G 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 PENALTY INTEREST TOTAL YEAR PAID Claraton Real Estate/Ins Corp 3832 Vs Beach Blvd 207 1996-97 Audit 4.35 0.70 5.05 Va Beach VA 23452 Coastal Training & Development Inc 1625 Donna Drive 1996-97 Audit 17.26 1.12 18.38 Va Beach VA 23451 Complete Automotive Repair Inc 1493 Diamond Springs Road 1995-97 Audit 3,276.66 201.46 3,478.12 Va Beach VA 23455 Cordle, Yolanda J. 1996-97 Audit 2,158.22 139.63 2,297.85 2742 Manoomin Place Va Beach VA 23451 C @Philip J. Kdt m@ Commissioner of the Revenue Approved as to form: Le-slre L. Liffey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $5,799.40 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORONG 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 PENALTY INTEREST TOTAL YEAR PAID Cover Electric Inc 19%-97 Audit 90.17 18.28 108.45 3322 Vs Beach Blvd Va Beach VA 23452 Cundiff, Jeff K 1996-97 Audit 17.18 2.74 19.92 1016 Dustin Court Chesapeake VA 23322 Custom Sports Surfaces Inc 1996-97 Audit 126.04 8.19 134.23 P O Box 200 Cheapeake VA 23321 Davis, Billy G 1996-97 Audit 16.01 2.56 18.57 620 Tyson Road Va Beach VA 23462 Certified Philip J. Kellam Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $281.17 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHOPJZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN NS 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 PENALTY INTEREST TOTAL YEAR PAID Delatore, Maria 1996-97 Audit 19.97 1.96 21.93 413 Harbour Point 304 Va Beach VA 23451 E T Gresham Co Inc 1 9W97 Audit 1,203.61 117.11 1,320.72 P O Box 1077 Norfolk VA 23501 CertffW as to Pav@: @Ke@m Commissioner of the Revenue Approved as to form: LWWL. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,342.65 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Fudala, John C 1995-97 Audit 51.90 4.53 56.43 1104 Sherry Lane Va Beach VA 23464 Gladstone & Salerno DDS PC 1996-97 Audit 21.31 2.02 23.33 5318 Providence Road Va Beach VA 23462 Great Atlantic Travel/Tour Inc 1065 Laskin Road 1996-97 Audit 55.12 4.35 59.47 Va Beach VA 23451 H & N Corp 1996-97 Audit 217.30 37.45 254.75 P O Box 833 Va Beach VA 23451 Certo Philip J. K4[lam Commissioner of the Revenue Approved as to form: LbOe,-v Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $393.98 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998 Ruth Hodges Smith City Clerk CA sm@ 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 PENALTY INTEREST TOTAL YEAR PAID Hannewald, Robert N 19M-97 Audit 10.00 0.64 10.64 233 Green Kemp Road Va Beach Vs 23462 Health Glow Inc 1996 Audit 40.28 6.44 46.72 3225 Stapleford Chase Va Beach VA 23452 Hruska, Elaine F 19%-97 Audit 10.00 1.60 11.60 413 Barberton Drive Va Beach VA 23451 In Home Health Inc 1996-97 Audit 2,287.93 383.95 2,671.88 5040 Corporate Woods Drive Vs Beach VA 23462 Philip K@ Commissioner of the Revenue Approved as to form: UEI@. Liller - - City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,740.84 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHOPANG UCENSE REFUNDS UPON APPUCATION 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 PENALTY INTEREST TOTAL YEAR PAID Indian River Water Company P O Box 2008 1996-97 Audit 27.00 2.05 29.05 Va Beach VA 23450 Jenkins, Howard T. 19gra-97 Audit 20.97 3.37 24.34 1129 Homestead Drive Va Beach VA 23464 Jordans Renewal Service Inc 408 Philbate Terrace 1996 Audit 27.56 4.41 31.97 Va Beach VA 23452 Kamp, Gigliola 1998 Audit 101.60 101.60 1328 N Great Neck Road Va Beach VA 23454 CerttW as to Commissioner of the Revenue Approved as to form: LWW L. Lilliy- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $186.96 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PEFOONS 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 PENALTY INTEREST TOTAL YEAR PAID Kimbis Playworld Inc lg%-97 Audit 77.67 12.35 90.02 405 Lee Highlands Blvd Va Beach VA 23452 Lancaster, Norma R 1996-97 Audit 10.00 0.65 10.65 2601 Indian River Road Va Beach VA 23456 Land Yachts LC 1996-97 Audit 60.19 5.03 65.22 497 London Bridge Rd 101 Va Beach VA 23454 Least Cost Formulations Ltd 824 Timberlake Drive 1996-97 Audit 23.88 3.80 27.66 Va Beach VA 23464 Certified as to P I(efferW- Commissioner of the Revenue Approved as to form: L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $193.57 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PE 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 PENALTY INTEREST TOTAL YEAR PAID Lester, Barbara 1996-97 Audit 10.00 0.65 10.65 414 Sea Pointe Court 201 Va Beach VA 23451 Logans Towing & Service Inc 2984 S Lynnhaven Rd 111 1996-97 Audit 30.60 4.88 35.48 Va Beach VA 23452 Macs Electric Inc 1996-97 Audit 39.99 2.66 42.65 1244 Executive Blvd 110 Chesapeake VA 23320 Mama Tops Inc 1996-97 Audit 59.70 6.95 66.65 1920 Centerville Turnpike Va Beach VA 23464 Carlow hilip J I Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $155.43 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk lo.. c I m@ 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 PENALTY INTEREST TOTAL YEAR PAID McInnis, Oretha B. 1 9W-97 Audit 280.67 20.57 301.24 928 Diamond Spring Road 130 Va Beach VA 23455 Mark Gonsenhauser Rugs & Carpets Inc 4153 Va Beach Blvd 1996-97 Audit 47.58 47.58 Va Beach VA 23452 Mendoza, Ferdinand & Analiza 3952 Sunstream Pkwy 1995-97 Audit 22.87 22.87 Va Beach VA 23456 Nayak, Ramnath V MD 1995-97 Audit 391.42 25.74 417.16 1020 Independence Blvd 202 Va Beach VA 23455 Ceprtffied as to P Commissioner of the Revenue Approved as to form: L Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $788.85 were approved by the Council of the City of Virginia Beach on the 3 day of March 1998. Ruth Hodges Smith City Clerk C. @ml 1. AN ORDINANCE AUTHORONG 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 PENALTY INTEREST TOTAL YEAR PAID Travers, Robert L lg%-97 Audit 20.49 3.10 23.59 110 86th Street #1/2 Va Beach VA 23451 Tumminelli Electric Co Inc 1995-97 Audit 11.46 1.85 13.31 5773 W. Hasting Arch Va Beach VA 23462 Waff Shop of Ack/Bimbos Inc 1612 Va Beach Blvd 1996-97 Audit 15.39 0.78 16.17 Va Beach VA 23454 Certified as to Payment: Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $53.07 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHOF4Z]NG 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 PENALTY INTEREST TOTAL YEAR PAID Rebound Inc. of Virginia 1998 02-13-98 291.11 291.11 1554 Laskin Road 104 Va Beach VA 23451-6168 Smokies Inc 1995-97 Audit 68.61 2.65 71.26 1715 Harpers Road Va Beach VA 23454 Snap Contracting Corp 1995-97 Audit 17,240.43 381.91 17,622.34 5665 E Va Beach Blvd Norfolk VA 23502 Townsend, Beth F. C. 1 9W97 Audit 10.00 0.66 10.66 503 Central Drive 103 Vs Beach VA 23454 Certified as to P Commissioner of the Revenue Approved as to form: @@. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $17,995.37 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID McLaughlin, Shelia 1 9W-97 Audit 10.00 0.64 10.64 968 S Oriole Drive Va Beach VA 23451 Merritt, Evie P 1996-97 Audit 10.47 1.66 12.13 3500 Vs Beach Blvd 31 0 Va Beach VA 23452 Smith, Jackson R, III 1996-97 Audit 47.97 6.54 54.51 P O Box 4494 Va Beach VA 23454 Ca -'Phigp,l. KeWm- Commissioner of the Revenue Approved as to form: CesUCL. Llikk' Cfty Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $77.28 were approved by the Council of the City of Virginia Beach on the 3 day of March 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING UCENSE 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 PENALTY INTEREST TOTAL YEAR PAID Kirsch, Danny R. 19@97 Audit 17.80 1.89 19.69 P O Box 68609 Va Beach VA 23455 Lamotta, Helga Anneliese 1996-97 Audit 32.61 5.16 37.77 4214 Old Lyne Road Va Beach VA 23456 Markan Inc 1996-97 Audit 953.27 59.15 1,012.42 620 Fordsmere Road Chesapeake VA 23322 Certified as to P Commissioner of the Revenue Approved as to form: @@ L. Cil@ - City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,069.88 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the folk)wing applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID Dynamic Systems Intergrations Inc 529 Central Drive 102 1995-97 Audit 251.89 15.83 267.72 Va Beach VA 23454 Ezzell, Larry R. 1996-97 Audit 186.09 11.55 197.64 204 43rd Street Va Beach VA 23451 Fairfield Psychological Assoc 5320 Providence Road 206 1995-97 Audit 15.95 0.99 16.94 Va Beach VA 23462 Certified as to P Commissioner of the Revenue Approved as to form: -tefie L. Lilley- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $482.30 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERNFICATION 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 PENALTY INTEREST TOTAL YEAR PAID Bug N Oil Inc 1995-97 Audit 74.50 74.50 1782 Vs Beach Blvd Va Beach VA 23464 Coastal Fire Protection Co 1996-97 Audit 106.43 16.67 123.10 226 Expressway Court Va Beach VA 23462 County Seat Stores Inc 1995-97 Audit 495.11 30.73 525.84 P O Box 1442 Minneapolis MN @40 Discount Plumbing Inc 1996-97 Audit 105.43 6.54 111.97 338 Omaha Road Va Beach VA 23462 Certified as to P Commissioner of the Revenue Approved as to form: @eilie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $835.41 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON AppucAnON 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 PENALTY INTEREST TOTAL YEAR PAID Acre ReeJty Inc 19% 02-02_98 147.83 147.83 1640 Va Beach Blvd Va Beach VA 23454 Ashman, Marian D. 199&97 Audit 10.00 0.52 10.52 3304 Cedar Bridge Road Va Beach VA 23452 Ayers, Gaynelle I 1 9W97 Audit 10.00 0.62 10.62 4772 Euclid Road S-B Va Beach VA 23462 Bergano, Allan L DDS 1995-97 Audit 30.65 1.52 32.17 265 N Witchduck Rd U-D Va Beach VA 23462 Philip j. K@m Commissioner of the Revenue Approved as to form: LWie@ L. Lilliy City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $201.14 were approved by the Council of the City of Virginia Beach on the 3 day of March, 1998. Ruth Hodges Smith City Clerk 3 1 Item VI-K.. PUBLIC HEARING ITEM # 43319 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. VIRGINIA BEACH MARLIN CLUB, INC. AND WALTER CASON BARCO STREET CLOSURE March 3, 1998 32 Item VI-K.1. PUBLIC HEARING ITEM # 43320 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the discontinuance, closure and abandonment of the following parcels (VIRGINIA BEACHBORO(ICH) Parcel 1. Portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of forty-eight (48) feet along the Northern property line (Southern boundary (if Block 30, Shadow Lawn Heights) and running in a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1,327 square feet. Parcel 2. Portion of Mediterranean Avenue, running a distance of forty-one (41) feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heighty) and running in a Northwesterly direction to the Southwest intersection Of Greensboro Avenue and Mediterranean Avenue, containing 1.547 square feet. Voting: 10-0 Council Members Voting Aye John A. Baum, Linwood 0. Branch, 111, Harold Hei.5chober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mavot William D. Sessoms, Jr and Louisa M. @travhorn Council Members Voting No None Council Members Absent. William W Harrivon,,Jr March 3, 1998 ORDINANCE NO IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTIONS OF THOSE CERTAIN STREETS, KNOWN AS GREENSBORO AVENUE AND MEDITERRANEAN AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "SUBDIVISION OF PROPERTY OF THE VIRGINIA BEACH MARLIN CLUB, INC. AND W. CASON BARCO BEING LOTS 1, 2 AND 1/2 OF LOT 3, BLOCK 18, LOTS 9 AND 10, BLOCK 30, SHADOWLAWN HEIGHTS AND THAT PORTION OF WINSTON-SALEM VACATED NORTH OF BLOCK 30 AND ADJACENT PROPERTIES, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA" WHEREAS, it appearing by affidavit that proper notice has been given by VIRGINAI BEACH MARLIN CLUB, INC. and WALTER CASON BARCO, that they would make application to the Council of the City of Virginia Beach, Virginia, on February 10, 1998, to have those portions of the hereinafter described streets discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that the portions of said streets be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described portions of streets be discontinued, closed, and vacated SEE ATTACHED EXHIBIT "A" GPIN NO.: 2427-02-9112 Said parcels of land being portions of Greensboro Avenue and Mediterranean Avenue as indicated on that certain plat entitled "SUBDIVISION OF PROPERTY OF THE VIRGINIA BEACH MARLIN CLUB, INC, AND CASON BARCO BEING LOTS 1, 2 AND 1/2 OF LOT 3, BLOCK 18, LOTS 9 AND 10, BLOCK 30, SHADOWLAWN HEIGHTS AND THAT PORTION OF WINSTON-SALEM VACATED NORTH OF BLOCK 30 AND ADJACENT PROPERTIES, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this Ordinance, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance shall be effective upon the recordation of this Ordinance and the subdivision plat entitled "SUBDIVISION OF PROPERTY OF THE VIRGINIA BEACH MARLIN CLUB, INC AND CASON BARCO BEING LOTS 1, 2 AND 1/2 OF LOT 3, BLOCK 18, LOTS 9 AND 10, BLOCK 30, SHADOWLAWN MGHTS AND THAT PORTION OF WINSTON-SALEM VACATED NORTH OF BLOCK 30 AND ADJACENT PROPERTIES, VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. SECTION IV @ed: March 3, 1998 AUTHORIZED FINAL APPROVAL APPROVED AS TO LEC,@i,@'-'C@)UFFIC!ENCY s,rcumult VBMCI P.C@ A@ AT 2 EXHIBIT "A" PARCEL ONE That portion of unimproved right-of-way, known as Greensboro Avenue beginning at the northwest corner of the intersection of Greensboro Avenue and Mediterranean Avenue, and running in a westerly direction along the northern right-of-way line of Greensboro Avenue a distance of approximately forty-eight (48) feet to the low water mark of Lake Rudee; thence turning and running in a southeasterly direction along the low water line of Lake Rudee to the point of intersection with the southern right-of-way line of Greensboro Avenue; thence turning and running along the southern right-of-way line of Greensboro Avenue to the point of intersection with the western right-of-way line of Mediterranean Avenue (southwest corner); thence turning and running north 13° 51' 27" east 50 feet along the western right-of-way line of Mediterranean Avenue to the point of beginning. PARCEL TWO That portion of unimproved right-of-way known as Mediterranean Avenue beginning at the southeast corner of the intersection of Mediterranean Avenue and Greensboro Avenue and running south 13° 51' 27" east 39.10 feet to the low water mark of Lake Rudee; thence turning and running in a northwesterly direction along the low water line of Lake Rudee to the point of intersection with the western right-of-way line of Mediterranean Avenue; thence running in a northerly direction along the western right-of-way line of Mediterranean Avenue to its intersection with the southern right-of-way line of Greensboro Avenue (southwest corner); thence turning and running north 76° 08' 33" east 50 feet to the point of beginning. STCLOSUR VBMCI PREPARED By SYKES, CARt4ES. OMRDON & AHERN. PC AT'RORNEYS AT "W 0 14 n- $4 1 @,i o 14 43 4 14 ed r, 104@ 14 (3 40 41 1, 0 m LW C4 0 1 VIRGINIA BEACH MARLIN CWB, INC. AND WALTER CASQN BARM St. Clorue - Greensboro Avenue and Mediterranean h. Cil,@ll C.. I t ,I I Ih, d.y f 991, ,M@. COVE CONDOMNI IL C w , 10, p @lp 'IO .1y WW5MN ULEM AVE. NRCEL A 2.105 A, WCMRD T.L. HALL El EDWIN 0. LOMLEY MTER W=K MC. 1693 1 181 08 2609 OIL OR 247@ GARY W. ALLEN MRREL B ,6 @.139 A, L078 PLOC@ 29 LOT 13 OLOCK CAREY I 4-HOILAND GEND SLAMVKUW OF RTY OF THE .,@,h d W C@..@ Da,@. b.i@, L@@ i, 2 ..d I12 f L.1 I Bl.@@ 18 a L.@. 9 1 10 Bl.@, 3 h.d.. L... H.i,h" .@d Ih.@ f A@. . ... ..... @.d by V.@.t.d @.@th f 91.@k 1. .@d d,.@@, ... ly b@,@, .,II, @d f., w 7 P.. VMM REACH BMUGH .@@d@@a,nI. ..bj.@ BEACK VMMA d.@ 1. th. -:,y IIIIE I @ 12 101t@El 19@@ ... li.@ @ .... @ f DE OR W.@@ao b ',d ilh @. .1@p@ .@d fe, .@d h@ig, I h@, b@.@ i.,.@d @d.@ll .,Ih s!@ I h @@ll O@di..@ I EDWO 0. LINWLEI 08 L-0 1361 DISCLOSURE STATEMENT DATE July 30, 1991 NAME(S) OF APPLICANT(S) Virginia Beach Marlin Club, Inc. and Walter Cason Barco NAME(S) OF ALL OWNERS (if different from applicant) TYPE OF APPLICATION: Rezoning from to Conditional Use Permit for street closure x Subdivision variance TO BE COMPLETED BY OR FOR THE APPLICANT: 1. If the applicant is a corporation, list the officers of the corporation: Patrick J. Milmoe Sole Officer, Director, and Stockholder of Virginia Beach Marlin Club, Inc. 2. If the applicant is a partnership, firm or other unincorporated organization, list all members or partners in the organization: TO BE COMPLETED BY OR FOR THE OWNER (if different from applicant) I. If the owner is a corporation, list the officers of the corporation: 2. If the owner is a partnership, firm or other unincorporated organization list all members or partners in the organization: v nature Title Er 0 rm Er Ln Er 0 0 Ln 0 0 z cc 6 _r 49z > < x Ln am (i ir 0 w w CD x L13 0 LC > Z. 0 z <OX 0 a.@o U- 33 Item VI-L. APPOINTMENTS ITEM # 43321 BY CONSENSUS, City Council RESCHEDULED. FRANCIS LAND HOUSE BOARD OF GOVERNORS PERSONNEL BOARD VIRGINIA BEACH CRIME TASK FORCE Mar(-h 3,1998 34 Item VI-O. ADJOURNMENT ITEM # 43322 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:13 P.M. Beverly 0. Hooks, CMCIAAE Chief Deputy City Clerk ---- ----- ---- --- - ------- th od es Smit , C@CIAA I,,' Meyet-,i E Oberndorf City Clerk Mali;ol City of'Virginia Beach Virginia March 3, 1998