Loading...
MARCH 10, 1998 MINUTES "WORLD'S LARGEST RESORT CITY" 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 Borough WILLIAM W. HARRISON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough CITY COUNCIL AGENDA JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk March 10, 1998 I. GENERAL ASSEMBLY ACTIONS - Conference Room - 11:00 AM II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 12:NOON A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend John Baldwin Emanuel Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - March 3, 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. RESOLUTION 1. Resolution to authorize the distribution of a preliminary official statement and approval of the selection of underwriters in the City's issuance of General Obligation Refunding Bonds, Series of 1998, re refinancing of General Obligation long-term debt; and, the issuance of $48,000,000 General Obligation Bonds for various public improvements. J. ORDINANCES 1. Ordinances to AMEND the City Code a. Section 2-224.9 re composition of the City of Virginia Beach Minority Business Council. b. Sections 18-16 and 18-29 re Business Licenses by establishing one rate of interest for delinquent business license taxes, simplifying audit provisions, and increasing the penalty for failing to appear or supply records necessary for audits. 2. Ordinance to APPROPRIATE $833,963 from Prisoner Reimbursement Revenue and $150,000 from Inmate Telephone Revenue to the Sheriffs FY 1997-1998 Operating Budget re prisoner housing and increased salary costs; and, estimated revenues from the State Compensation Board and Inmate Telephone contract be increased accordingly. 3. Ordinance to TRANSFER $86,599 from the General Fund Reserve for Contingencies to the FY 1997-1998 Virginia Beach Court Service Unit Operating Budget to meet the local match requirement of the Virginia Juvenile Community Crime Control Act Block Grant re expenditure short-fall for FY 1996-1997 and services provided by the Tidewater Regional Group Home Commission. 4. Ordinances to authorize temporary encroachments: a. Into a portion of an existing 25' drainage easement at 6125 Partridge Drive for ROBERT L. and ANN WARE AKERS re constructing and maintaining a bulkhead (KEMPSVILLEBOROIJGH) b. Into a portion of the City's drainage and impoundment easement at 2080 Bierce Drive for HAROLD E. and ANNA J. WEATHERHOLT re constructing and maintaining a pier and an existing bulkhead (PRFNCESS ANNE BOROUGH) 5. Ordinances to authorize a. License Refunds - $8,331.55 b. Tax Refunds $3,905.43 K. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the, Agenda Review Session. 1. Ordinance in the petition of JAMES M. BEVERLY for the discontinuance, closure and abandonment of a portion of 15th Street beginning at the Western boundary of Arctic Avenue and running in a Westerly direction a distance of 249.94 feet along the Northern boundary of 15th Street (VIRGINIA BEA('H BOROTIGH). Recommendation: FINAL APPROVAL 2. Application of PDS, INC., T/A McDONALD'S for an enlargement of a nonconforming use at the Southwest corner of Pacific Avenue and 21st Street (300 21st Street), containing 49,000 square feet (VIRGINIA BEACH BOROI!Gfi @ Recommendation: APPROVAL 3. Application of TENCH H. PHILLIPS., JR., for a Conditional Use Permit for an automotive repair facility on the South side of Cleveland Street beginning at a point 250 feet East of Opal Avenue, containing 2.03 acres (13 A @'S I DE BOROUGH) Recommendation- APPROVAL 4. Application of VIRGINIA METRONET, INC. dba 360 COMMUNICATIONS CO., for a Conditional Use Permit for a monopole tower for wireless communications at the intersection of Wesleyan Drive and Haygood Road (4960 Haygood Road), containing 32.28 acres (BAYSIDE BOROUGH) Recommendation APPROVAL 5. Applications of RICHARD M. WAITZER for a 142-unit housing facility for the elderly, disabled and handicapped on the South side of Bonney Road, 500 feet more or less East of Bendix Road (4353 Bonney Road), containing 3.0239 acres (KEMPSVILLE BOROUGH): a. Change of Zoning District Classification from O-1 Office District to A-36 Apartment District b. Conditional Use Permit Recommendation: APPROVAL 6. Application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Change of Zoning District Classification from R-7.5 Residential District to B-2 Community Business District on the East side of Riddle Avenue, South of Virginia Beach Boulevard (1803-1813 Virginia Beach Boulevard), containing .1 acre more or less (LYNNHAVEN BOROUGH), Recommendation APPROVAL L. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD M, UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - FEBRUARY 1998 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 Tuesday, May 5 Meeting Reconciliation Workshop Wednesday, May 6 3:00 PM - 5:00 PM Conference Room Adopt Budget & CIP Tuesday, May 2 2:00 PM City Cour CITY COUNCIL CEREMONIAL OATH and REORGANIZATION 2:00 PM Tuesday, July 7,1998 - 2:00 PM City Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 03/06/98BAP 3-10-98.PLN www.virginia-beach.va.us M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 10, 1998 Mayor Meyera E. Oberndorf called to order the City Council Working Session in the Council Conference Room, City Hall Building, on March 10, 1998, at 11:00 A.M. C'ouncil Members Present. John A. Baum, Linwood 0. Branch, [II, William W Harrison, Jr., Harold Heischober, Barbara Af. Henley, Louis R. Jones, Reba S. McClanan, Afayor M@yerci E. Oberndorf (inel K Parker ('ouncil Members Absent Vice Mayor William D. @evsonis, Jr / VA (A TION WITH FAMIL YI Louisa M. .@travhorti / VI ( @/1, EO WEET[ArG IN WASHING7'ON, I). GENERAL ASSEMBLY ACTIONS ITEM # 43323 11:00 A.M. The City Manager distributed the Status Report of the Virginia Beach 1998 Legislative Issues from Robert Matthias, Assistant to the City Manager. Said report is hereby made a part of the record. The City Manager distributed copies of Senate Bill 570 and House Bill 1244, which City Council had requested. Council Lady Parker referenced Senate Bill No. 570 concerning vesting for which adjustments have been made. The City Manager advised this has passed both the House and Senate. The Bill was acceptable to Fairfax County and to the Virginia Municipal League. The City Manager will provide an analysis. Council Lady Henley questioned whether all of the funding for the school construction bills had "died". The City Manager advised there was an article in the newspaper this morning, March 10, 1998, and the one Bill which would place funds from the Lottery into the school construction was still "alive". Mayor Oberndorf advised it was all over but the shouting. All Bills are out of Committee and will be on the floor. Council Lady Parker referenced there is an opinion concerning if the General Assembly is going to pass trimming of vegetation in front qf billboards of less than 4 inches or 6 inches. Council Lady McClanan advised both Bills have passed the Senate and House and are on the way to the Governor. This Governor tends to be more responsive on these matters than the previous Governor. March /0, 1998 3 AGENDA REVIEW SESSION 11:15 A.M. ITEM # 43324 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTION/ORDINANCES I-1. Resolution to authorize the distribution of a preliminary official statement and approval of the selection of underwriters in the City's issuance of General Obligation Refunding Bonds, Series of 1998, re refinancing of General Obligation long-term debt, and, the issuance of $48,000,000 General Obligation Bonds for various public improvements. J.1. Ordinances to AMEND the City Code. a. *Section 2-224.9 re composition of the City of Virginia Beach Minority Business Council. b. **Sections 18-16 and 18-29 re Business Licenses by establishing one rate of interest for delinquent business license taxes, simplifying audit provisions, and increasing the penalty for failing to appear or supply records necessary for audits. J.2 Ordinance to APPROPRIATE $833,963 from Prisoner Reimbursement Revenue and $150,000 from Inmate Telephone Revenue to the Sheriff's FY 1997-1998 Operating Budget re prisoner housing and increased salary costs; and, estimated revenues from the State Compensation Board and Inmate Telephone contract be increased accordingly. J3. Ordinanes to TRANSFER $86,599 from the general Fund Reserve for Contingencies to the FY 1997-1998 Virginia Beach Court Service Unit Operating Budget to meet the local match requirement of the Virginia Juvenile Community Crime Control Act Block Grant re expenditure short-fall for FY 1996-1997 and services provided by the Tidewater Regional Group Home Commission. J4. Ordinances to authorize temporary encroachments a. Into a portion of an existing 25' drainage easement at 6125 Partridge Drive for ROBERT L. and ANN WARE AKERS re constructing and maintaining a bulkhead (KEMP,@VII,LE BOROUGI I) b. Into a portion of the City's drainage and impoundment easement at 2080 Bierce arrive for HAROLD P. and ANNA J. WEATHERHOLT re constructing and maintaining a pier and an existing bulkhead (PRINIC'h,',@@ ANNE BORO(j(,'Il) 5. Ordinances to authorize: a. License Refunds - $8,331.53 b. Tax Refunds - $3,905.43 *This item will be APPROVED, AS CORRECTED. **This item will be DEFERRED until the City Council Session of March 24, 1998 A,farch 10, 1998 4 AGENDA REVIEWSES@5ION I7'EM # 43325 Council Lady McClanan referenced: K.5. Applications of RICHARD M. WAITZER for a 142- unit housing facility for the elderly, disabled and handicapped on the South side of Bonney Road, 500 feet more or less East of Bendix Road (4353 Bonney Road), containing 3.0239 acres (KEMPSVILLE BOROI ICH) a. Change of Zoning District Classification from O-1 Office District to Conditional A-36 Apartment District. b. Conditional Use Permit Council Lady McClanan advised Stormwater management is not referenced on the site plan. ITEM # 43326 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. K.1. Ordinance in the petition of JAMES M. BEVERLY for the discontinuance, closure and abandonment of a portion of 15th Street beginning at the Western boundary of Arctic Avenue and running in a Westerly direction a distance of 249.94 feet along the Northern boundary of 15th Street (VIRGINIA B@'ACH BOROI ;(' 11) K.2. Application of PDS, INC., T/A McDONALDS for an enlargement of a nonconforming use at the Southwest corner of Pacific Avenue and 21st Street (300 21st Street), containing 49,000 square feet '['IRGINIA BEACH BOROIJ(;Hl@ K.3. Application of TENCH H. PHILLIPS., JR., for a Conditional Use Permit for an automotive repair facility on the South side of Cleveland Street beginning at a point 250 feet East of Opal Avenue, containing 2.03 acres (BA Y,@FDE BOROUt';H) K.4. Application of VIRGINIA METRONET, INC. dba 360 COMMUNICATIONS CO., for a Conditional Use Permit for a monopole tower for wireless communications at the intersection of Wesleyan Drive and Haygood Road (4960 Haygood Road), containing 32.28 acres (BA YSIDE BOROtICT11) K.5. Applications of RICHARD M. WAITZER for a 142- unit housing facility for the elderly, disabled and handicapped on the South side of Bonney Road, 500 feet more or less East of Bendix Road (4353 Bonney Road) containing 3.029 acres (KEMP,@VIILF HOROII(,rH) a. Change of Zoning District Classification from O-1 Office District to Conditional A-16 Apartment District. b. Conditional Use Permit March 10, 199 AGENDA REVIEW SESSION ITEM # 43326 (Continued) K.6 Application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Change of Zoning District Classification from R-7.5 Residential District to B-2 Community Business District on the East side of Riddle Avenue, South of Virginia Beach Boulevard (1803-1813 Virginia Beach Boulevard), containing .1 acre more or less (L YNNHA VFN BOROI ICYH) Item K.1. will AUTHORIZE FINAL APPROVAL, BY CONSENT Item K.5. will be APPROVED, BY CONSENT with additional condition to the Conditional Use Permit. March 10, 1998 6 CITY CONCERNS 11:20 A.M. ITEM # 43327 Mayor Oberndorf advised Congressman Pickett is making a joint announcement with the Mayor and Members of City Council that the Environmental Impact Statement assessment still carries the recommendation that Virginia Beach be the recipient of the F/A-18's. Some of us have campaigned hard and are very gratified. The net benefits to the Community and the Nation is tremendous. Oceana will generate a $719-MILLION annual payroll and goods and services purchase. This will obviously not only benefit Virginia Beach, but the entire region. In order to bring new aircraft to Virginia, several construction projects with a value of more than $56-MILLION will need to take place. The number of jobs produced by, the F/A-18s would be approximately 5,000 with a salary of $6,000 more than the average salary in the Hampton Roads Region, when the benefits are incorporated. The F-14s are scheduled to be phased out of Oceana. If all the F/A-18s are not relocated to Oceana, this places the City closer to another BRAC situation and another opportunity to be closed down. The EIS assessment reflected the school impact, the noise will not change and the accidental potential zones are the same whether it is 90 F/A-18's or 120. The next step will be the record of decision, which is expected in 45 to 50 days and then the final decision of the relocation of the aircraft from Cecil Field, Florida. The decision will be made by the Secretary of Defense. No additional public comment is expected or anticipated. Oceana and its families are a vital member of the City's Community and we will do everything to assure they receive a warm welcome. Alarch 10, 1998 7 ITEM # 43328 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 10, 1998, at 11:20 P.M. ('ouncil Members Present. John A. Baum, Linwood 0. Branch, III, William W Harrivo , Jr., Harold Heischober, Barbara M. Henl , Louis R Iones, Reba S. McClanan, MaVor A4qyerti F. Oberndorf andvan(i A:. P(irker Council Members Absent. Vice Mayor William 1). ';essorns, Jr and Louisa 44 @trai,horn March 10, 1996 8 ITEM # 43329 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS. Discussion ar consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A)(1). To Wit: Francis Land House Board of Governors Personnel Board The Planning Council Virginia Beach Crime Task Force Virginia Beach Health Services Advisory Board PUBLICLY-HELD PROPERTY. Discussion ar consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit. Princess Anne Borough Virginia Beach Borough SPCA Site General Booth Boulevard Kempsville Borough Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting A-ve John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jonev, Reba S. McClanan, Mavor Meyera E. Oberndorf andvtin(@i K Parker Council Members Voting Nalt None ('ouncil Members Absent. Vice Ma or William D. Sessoms, Jr (ind Lt)uis(i A4 5trayhorn 9 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 10, 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 10, 1998, at 2:05 P.M. Council Members Present, John A. Baum, Linwood 0. Branch, III, William W Harrivon, Jr., Harold Heischober, Barbara Al. I-lenley, Louis R. Jones, Reba S McClanan, Mavor Meyera E. Oberndorl'and Vtin(@; K Parker Council Members Absent. Vice Mayor William D. Sessoffis, Jr. [A ('A'rIOAI WITH FAM,[L Y] Louisa M Stravhorn [NL ('IL EO AFEETING IN WASHINGTON, D INVOCATION The Reverend John Baldii in Emanuel Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLA G OF THE UNITED STA TES OF AMERICA Vice Mayor Sessoms, being a Corporate Officet- (if Central Fidelitj, Bank, disclosed there were no matters on the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in hiN capaci as an officer of Central Fidelity Bank. 'the Vice Mayor regularly makes this Disclosure as he maj or may not know of the Banks interest in any application that may) come before City Council, Vice MaVoi ,5essoms'letter of Januarl, 1 1998, is hereby made a part )f he e(,,i it March 10, 199@ 10 Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 43330 Upon motion by Councilman Baum, seconded by Councilman Heischober, 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 at the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting. 9-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jone.@, Reba S. McClanan, Mayor Meyera E. Oberndorf and None 1 K. Parker Council Members Voting Nal, None Council Members Absent: Vice Mayor William D @essoins, Jr. and Louisa W @travhorn March 10, 1998 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 43329, Page 8, and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. th H d@ges Smith, City Clerk March 10, 1998 Item V-F.1 MINUTES ITEM # 43331 Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 3, 1998. Voting: 8-0 Council Members Voting Ave John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. (ones, Reba S Al(,('I(znan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Na,i None (council Members Abstaining William W Harrivoti I@ Council Members Absent, Vice Mayor William D. @essoms, Jr and L?)uivii V @travhorn Councilman Harrison ABSTAINED as he wa,@ absent during the ('iti, ('ouncil,5evsion qfalarch 3. 1998 March 10, 1998 12 Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43332 By CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 10, 1998 13 Item V-I.1. RESOLUTION ITEM # 43333 Upon motion by Councilman Baum, seconded by Councilman Jones, City Council ADOPTED: Resolution to authorize the distribution of a preliminary official statement and approval of the selection of underwriters in the City's issuance of General Obligation Refunding Bonds, Series of 1998, re refinancing of General Obligation long-term debt: and, the issuance of $48,000,000 General Obligation Bonds for various public improvements. Voting: 9-0 Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heivchober, Barbara Al. Henley, Louis R. Jones, Reba S. McClanan, A4avor A4everci E Oberndorf (in(i Van(@ K. P(irker Council Members Voting Ntiv None Council Members Absent: Vice Mayor William 1) .5essom,y, Jr. and Lf)ui.sa V4 @iravhorti A,farch 10. 1998 1 A RESOLUTION AUTHORIZING THE 2 DISTRIBUTION OF A PRELIMINARY 3 OFFICIAL STATEMENT AND APPROVAL OF 4 THE SELECTION OF UNDERWRITERS IN 5 CONNECTION WITH THE ISSUANCE BY 6 THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, OF ITS GENERAL 8 OBLIGATION REFUNDING BONDS, SERIES 9 OF 1998 10 WHEREAS, the City of Virginia Beach, Virginia (the 11 "City"), proposes to issue its General obligation Refunding Bonds, 12 Series of 1998 (the "Refunding Bonds"), to refund all or a portion 13 of up to $175,000,000 of prior bond issues of the City; 14 WHEREAS, the City also proposes to issue approximately 15 $48,000,000 General obligation Bonds for various public improvements 16 (together with the Refunding Bonds, the "Bonds"); 17 WHEREAS, the City proposes to distribute official 18 statement with respect to the offering of the Bonds (the 19 "Preliminary Official Statement") substantially in the form of the 20 preliminary official statement of the City issued in connection with 21 the City's General obligation Public Improvement Bonds, Series of 22 1997 (the "1997 Preliminary Official Statement"); and 23 WHEREAS, after soliciting and reviewing applications of 24 investment banking firms, the City staff, upon consultation with 25 representatives of Government Finance Associates, Inc. and 26 Government Finance Group, Inc., the City's financial advisors (the 27 "Financial Advisors") , have recommended a managing underwriting team 28 for the Bonds; 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS: 31 1. The council of the City (the "Council") authorizes 32 the City Manager, in collaboration with the Financial Advisors, the 33 City Attorney and the City's bond counsel to prepare a Preliminary 34 Official Statement for the Bonds in substantially the form of the 35 1997 Preliminary Official Statement. The City authorizes the 36 distribution of the Preliminary Official Statement to prospective 37 purchasers of the Bonds and all other interested parties. 38 2. The Council authorizes and directs the City Manager, 39 in collaboration with the Financial Advisors, to deem the 40 Preliminary Official Statement final on behalf of the City as of its 41 date within the meaning of Rule 15c2-12 (the "Rule") of the 42 Securities and Exchange Commission, except for the omission of 43 certain pricing and other information permitted to be omitted 44 pursuant to the Rule. The distribution of the Preliminary official 45 Statement to prospective purchasers of the Bonds shall be conclusive 46 evidence that it has been deemed final as of its date by the City, 47 except for the omission of certain pricing and other information 48 permitted to be omitted pursuant to the Rule. 49 3. The Council hereby appoints Paine Webber, Inc., and 50 Craigie, Inc., as co-senior underwriting managers for the Bonds. 51 4. The City Manager and staff of the Department of 52 Finance are hereby authorized to appoint, as co-managers or as a 53 selling group, additional underwriters, including, but not limited 54 to Davenport & Co., Salomon Smith Barney, Artemis Capital Group, and 55 M.R. Beal & Company. 56 5. This Resolution shall take effect immediately. 57 Adopted by the Council of the City of Virginia Beach, 58 Virginia, on the 10 Day of March 1998. 59 CA-6943 60 ORDIN\NONCODE\REFUNDBO.RES 61 R-1 62 PREPARED: February 27, 1998 63 AP7@TO c 64 4d 65 Department of Finance 66 APPROVED AS TO LEGAL 67 SUFFICIENCY: 68 69 City Attorney 2 i RIDUP 703+52e+S-D?7 p e-I CITY OF VIIRGINIA BEACH, VIRGINIA REQUEST FOR PROPOSALS for INVESTMENT BANKING SERVICES Proposals Due: February 24, 1998 no later than 1:00 p.m. EST INTRODUCTION The purpose of this Request for Proposal ("RFP") is to select a group of underwriters for a negotiated financing, and to name from that group a senior managing underwriter and/or co-senior managing underwriter for the purpose of advance refunding City indebtedness. Firms not interested in serving as senior, co-senior, or co-manager should submit a letter expressing their interest and qualifications to be a member of the selling group. Such firms should not submit a complete response to this request for proposal. The City of Virginia Beach intends to refinance selected bonds in advance of their stated maturity to obtain present value savings. The City has targeted three percent (3%) to five percent (5%) present value savings as a criteria for undertaking an advance refunding. A copy of the City's Fiscal Year 1997 Annual Long Term Debt Report is included with this RFP for your use in evaluating advance refunding opportunities. In addition, the City may take the opportunity to issue additional general obligation bonds (new money) for routine capital improvements. The sale is expected to occur in March of 1998, subject to market conditions and the level of savings available. The firm selected to serve as senior manager must have demonstrable experience in the structuring and sale of securities such as those contemplated for the issue. The firm will work with representatives of the City, its financial advisors, and bond counsel to ensure that the financing is completed in a timely manner and that the securities are well received by the market. Firms responding to this RFP must express their willingness to work on a contingency ba- sis. The City will not be responsible for any expenses nor will it pay any fees to under- writers in the event the financing is not completed. The City also retains the right to dis- miss a firm from the group prior to a sale of securities at its sole discretion. The City shall not be liable for any expenses incurred by proposers in their preparation and presentation of the proposals. The City reserves the right to reject all proposals. All pro- posals submitted to the City pursuant to this RFP will become the property of the City of Virginia Beach. IIH@ @ll,IPNCE C-.Pnllp ?03+528+6277 P 0-@ The Citv also may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reason why a particular proposal was rejected or not selected. The City reserves the right to waive any irregularities in any proposal. Where there is a discrepancy between numeral and written text, the written text shall be considered binding. Joint proposals shall not be accepted. Any questions regarding this RFP must be submitted in writing by mail or facsimile transmission to the City's Financial Advisors, Government Finance Group, Inc. (fax: 703- 528-6277) and Government Finance Associates, Inc. (fax 212-909-6317). The deadline for submittal of questions is February 19, 1998 at 3:00 p.m EST. Written responses to any questions submitted, if necessary, will be faxed to all proposal recipients. The City reserves the right to revise the proposal if deemed necessary. 2 --PC[ ip 703+528+6?? F a4 DELIVERY OF PROPOSALS Responses must be delivered no later than 3:00 p.m EST on Tuesday, February 24, 1998 to the following: Patricia A. Phillips Director of Finance City of Virginia Beach Municipal Center City Hall, Room 220 Virginia Beach, Virginia 23456 (804) 427-4681 Frank C. Starr Government Finance Group, Inc 4350 N. Fairfax Dr., Suite 760 Arlington, Va. 22203 (703) 528-5785 J. Chester Johnson Government Finance Associates, Inc 63 Wall Street, 16th Floor New York, NY 10006 (212) 635-5900 Please deliver two (2) hard copies of your proposal to each location. The delivery of the proposal prior to the stated deadline is solely and strictly the respon- sibility of the respondent Responses delivered after the stated deadline will not be con- sidered under any circumstances. All proposals will be dated and time-stamped upon re- ceipt. Facsimile responses will not be accepted. 3 IPI i -E -,@ DI-@F p 05 PROPOSAL REQUIREMENTS AND RESPONSE FORMAT Proposals shall be signed by an authorized representative of the firm and shall be ad- dressed to the Director of Finance. Failure to submit all of the required information may result in a proposal being rejected as non-responsive. Proposals shall be prepared in a simple and economic manner, providing straight-forward, concise responses to satisfy the RFP requirements. No printed brochures, general back- ground or promotional materials unless directly related to the written responses shall be provided. Each copy of the proposal, and any supporting documentation, shall be bound as a single volume. The Following information shall be included in the respondent's proposal in the order indicated. 1. Each proposal shall be accompanied by a brief transmittal letter which summarizes the proposal's key points and which is signed by an officer of the firm who is responsible for committing the firm's resources. The transmittal letter also must identify any potential conflicts of interest that could arise during the firm's term of service to the City. (The Director of Finance reserves the right to seek further information from the respondent regarding matters that may pose a real or an appearance of conflict.) Not to exceed two pages. 2. Provide a concise, detailed plan of finance for the proposed refunding bond issue. Describe your philosophy for structuring the advance refunding, in- cluding: the rationale for selecting maturities to be included in the transac- tion, and, how your recommended strategy comports with the City's typi- cally conservative approach to its financial affairs. The City is very interested in your firm's structuring insight and creativity to maximize its savings. Describe your use of premium, discount and par bonds in the transaction structure. Discuss the use of innovative or special products which you would recommend to increase savings. For comparative purposes you must prepare and present a base case sce- nario that produces level annual savings with the refunding bonds maturity matched to the refunded bonds. The assumptions to be used for structur- ing the financing are included in appendix A. Not to exceed three pages, excluding debt service schedules. Provide your proposed marketing plan for the bond issue. Your plan should address the target investors for this transaction, your recommenda- tion with regard to pre-marketing efforts, the use of a pre-sale retail order 4 IHF -P4- --E -;F, D@IF 703+526+6277 P OC, period for Virginia investors, and the involvement of City staff in the im- plementation of your plan. Please note your firm's particular strengths in implementing a marketing plan for this issue. Not to exceed two pages. 4. Provide a list of the firm's experience as a senior or co-senior manager for advance refunding of bonds in excess of $50 million since January 1, 1996. The information may be provided in tabular form at the respondent's op- tion. Please identify those issues which combined an advance refunding with the issuance of new money proceeds. Please provide totals of the dollar amount and number of listed transactions. 5. From the list provided in 4 above, identify and discuss at least two financ- ings which provide the best indication of your firm's ability to execute the City's proposed transaction. Include the names and telephone numbers of references (government officials) for these transactions. Identify the day- to-day banker for these transactions. Not to exceed two pages. 6. Provide the name(s) and brief resume of the public finance professionals assigned to work on the City's planned financing. Identify the person who will serve as the day-to-day banker on the transaction and the person(s) who will support the day-to-day banker. Identify the lead underwriting and syndicate personnel who will assume responsibility for the City's transac- tion as well. Not to exceed two pages. 7. Discuss the firm's ability and willingness, if necessary, to commit capital to underwrite a bond issue without corresponding and offsetting orders. Please describe how your firm would allocate liability for unsold bonds among the firms in the underwriting syndicate. Relevant examples may be included at the respondent's option. Not to exceed one page. 8. Provide an indication of the spread (in dollars/$1,000) which would be re- quired if your firm is selected as the underwriter for the general obligation bond refunding. Please complete the accompanying forms entitled "Components of Total Spread" and "Estimated Yields and Takedowns". These numbers will be considered as "bids" (with the exception of take- down and fees which should be realistically estimated given market condi- tions on February 20, 1998) and will constitute, an important criterion for selection. 9. Provide a description of the firm's participation in syndicates that have bid competitively for the City's bonds. The information may be provided in tabular form at the respondent's option. The City shall not penalize a firm for not having served as the senior due to the prevalence of historical bid- ding syndicates. However, general participation in the City's competitive I 1 : 11-i@ I' 7 - 1 FIPC JP 703+528+6@@77 07 sales over the course of the past five years shall be viewed positively. Not to exceed one page. 10. Please identify any conflicts of interest, potential conflicts of interest or matters that pose an appearance of conflict of interest that may arise during the firm's term of service to the City. Provide a statement listing any and all agreements or arrangements by and between your firm and any other underwriters, financial professionals, or other professionals, including without limitation attorneys, lobbyists or public relations representatives that would relate to the City. The Director of Finance reserves the right to seek further information from the respondent regarding matters that may pose any actual conflict or an appearance of conflict. The terms and/or existence of all joint accounts and/or any fee-sharing arrangements by and between the selected under- writers and any other underwriters or financial professionals must be dis- closed and approved in advance by the City if such arrangements are re- lated to any financings or financial transactions involving, directly or indi- rectly, the City of Virginia Beach. 11. Please submit a list of at least three firms which your firm would employ, if selected as senior manager, as the underwriter's counsel. Not to exceed one page. 12. Please provide a schedule of events which will lead to a bond sale in mid to late March of 1998. The City and its Financial Advisors will assume re- sponsibility for rating agency liaison. The City's Financial Advisors typi- cally prepare the Official Statement, and work has been started on this process. Identify the need and timing for underwriter's due diligence in transaction schedule. Please describe the due diligence process, particu- larly as regards participation by City staff and public officials. Not to ex- ceed two pages. 6 ?Ol@+528+6@@7? F as EVALUATION AND AWARD A selection committee consisting of representatives of the City and its Financial Advisors will review the proposals and present a recommendation to the Virginia Beach City Council ("the Council'). The Director of Finance may choose to conduct interviews of short-listed firms prior to presenting a recommendation to the City Council but is under no obligation to do so. The following criteria will be used in the evaluation of proposals. ° The advance refunding plan of finance, including the firm's philosophy and approach to structuring, that meets the overall best interests of the City; ° The firm's marketing plan for the transaction; ° The firm's demonstrated ability and willingness to underwrite the bonds, if necessary; ° The firm's prior experience in structuring and marketing tax-exempt refunding bonds; ° The experience and qualifications of the individuals assigned to the transaction; ° Cost, as measured by the proposed scale and the spread on the re- funding bond issue; ° The firm's prior participation in the City's competitive sales; ° General responsiveness of the proposal. IHF I,--E [;P @i IF 703+@28+6-@77 CONPONENTS OF TOTAL SPREAD Advance Refunding Issue Average Takedown Management Fee Underwriter's Expense (see below) Gross Spread ($ per thousand) (i.) Underwriter's Counsel (ii.) Travel (++) (iii.) Document Printing (iv.) Freight Communications (v.) Other (i.e.: BMA, MSRB, etc. please specify) Total Expenses (actual &) Sub@tted by Firm Name Date Asmme @te underwriters, counsel the F.A. @H prepare the official Statement Assume 3 meetings in Virginia Beach or Richmond, VLrgiiiia 11) Excludes POS/OS printing 70@,+@12.'@+f:27- F 1F, ESTIMATED YIELDS AND TAKEDOWNS - REFUNDING ISSUE (Best estimates based upon market conditions on February 20, 1998) Principal maturity Amount Coupon Y-ield Takedown Use additional pages if nemsar-, 9 ?n: z T IPCI IF 703+528+627 Summary of Assumptions for General Obligation Refunding Bonds General Refunding Assumptions Dated Date: Marrh 15, 1998 Delivery Date: April 1, 1998 Coupons and Escrow Yields based on Market Conditions as of February 20, 1998. Cost of Issuance: $120,000 Trustee fees of $2,000 per year included as an expense Calculation of Cash Contribution: ° Amount appropriated by City for FY 1998 debt service TOTAL $ **** **** To be determined by structure of 1998 Refunding I 0 llip-Fl4- I cqz @j:i z -,@t,T @IHAHCE FIRCLIF' 7n3+528+627- Virginia Beach -- 1998 Advance Refunding Investment Banker Mailing List George B. Pugh,Jr. Peter Ramsey Charles C. Bassett Public Finance Craigie Inc. Nationsbank Center 823 E. Main Street, 1st Floor 1801 K Street NW, Suite 200 Richmond, VA 23219-3309 Washington, DC 20006 804 649-3932 202 624-5522 Suzanne P. Yount Samuel M. Stoakley, Jr. Crestar Securities Corporation Scott & Stringfellow, Inc. 11 South 10th Street 909 E. Main Street, 6th Floor Richmond, VA 23219 Richmond, VA 23219 804 782-7169 804 780-3201 W. Cabell Moore, Jr. David Rose Davenport & Co. of Virginia, Inc Kevin Rotty One James Center First Union Capital Markets 901 E. Cary Street Riverfront Plaza west Richmond, VA 23219 901 E. Byrd Street 804 780-2061 Richmond, VA 23219 804 782-3253 Ned Smither Ferris, Baker Watts, Inc Robin L. Weissmann 629 E. Main Street, Suite 1204 Artemis Capital Group, Inc, Richmond, VA 23219 65 East 5th Street, 9th Floor 804 649-2300 New York, NY 10022 212 593-2110 Kenneth E. Powell Legg Mason Wood Walker, Inc Mr. John Carter 951 E. Byrd Street M.R. Beal & Co. Richmond, VA 23219-4027 565 Fifth Avenue, 8th Floor 804 783-8900 New York, NY 10017 212 983-3930 [10P- -'(T PINA@ICE FFCUFI ?03+528+62-? Michael Solomon Richard T. Battle Bear Stearns & Co. Inc Morgan Stanley Dean Witter 245 Park Avenue, 10th floor Monarch Plaza 3414 Peachtree Rd., NE New York, NY 10167 Suite 600 212 272-2309 Atlanta, GA 30326 404 239-5960 Rick T. Fitzgerald Goldman Sachs Robert A. Kinney 390 N. Orange Avenue, Suite 1210 Paul E. Ladd, Jr. Orlando, FL 32801 PaineWebber Incorporated 407426-2071 1285 Avenue of the Americas 10th floor New York, NY 10019 Michael Davis 212 713-3083 J.P. Morgan Securities Inc 60 Wall Street New York, NY 10260 Stanley E. Grayson 212 648-8998 Prudential Securities Incorporated One New York Plaza New York, NY 10292-2014 Steve Howard 212 778-8675 David Klinges Lehman Brothers Public Finance Department Suzanne Shank World Financial Center Siebert Brandford Shank & Co American Express Tower, 20th Floor 885 Third Avenue New York, NY 10285 Suite 1720 212 526-4083 New York, NY 10022 212 644-2430 Samuel B. Corliss, Jr. Merrill Lynch & Co. James F. Haddon World Financial Center Kenneth Becker North Tower Solomon Smith Barney Merrill Lynch World Headquarters, 309 Greenwich Street 2nd Floor 9th Floor New York, NY 10013 New York, NY 10281 212 723-5569 212 449-0667 14 Item V-J. ORDINANCES ['FEM # 43334 Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council APPROVED IN ONE MOTION, Items 1a (AS CORRECTED), 1b (DEFERRED), 2, 3, 4 a/b and 5 a/b of the CONSENT AGENDA. Item 1a was ADOPTED BY CONSENT, as Corrected. Voting. 9-0 ('ouncil Members Voting 4i)e. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischoher, Barbara M. Henley, Louiv R. Jones, Reba S. McClanan, Mqvor Meyera E. Oberndorf nd /Vanc@A@ K. Parker Council Members Voting Neiv None Council Memherv Absent.- Vice Mayor William D. @evsom.@, Jr. and Loui.@a,A4 ;traVhorn March 10, 1998 15 Item V-J.1.a. ORDINANCES ITEM # 43335 Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council ADOPTED, AS CORRECTED: Ordinance to AMEND the City Code Section 2-224.9 re composition of the City of Virginia Beach Minority Business Council. *Under Section B, the verbiage: "Of those members appointed, one (1) member may be a member of City Council" was incorrectly struck. The revised ordinance replaces this reference to membership. Voting: 9-0 (By Consent) Council Members Voting Ave John A. Baum, Linwood 0. Branch, I]], William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Afa or Mevera E. Oberndorf and V(in(-i K Parker Council Members Voting No i@ None ('ouncil Members Absent. Vice Mayor William I) @essonis. Jr and Loui.va M ';trayhorn March 10, 99@@ Requested by Councilmember Louise M. Strayhorn 1 AN ORDINANCE TO AMEND SECTION 2- 2 224.9 OF THE CITY CODE PERTAINING TO 3 THE COMPOSITION OF THE CITY OF 4 VIRGINIA BEACH MINORITY BUSINESS 5 COUNCIL 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-224.9 of the Code of the City of Virginia 12 Beach, Virginia, is hereby amended and reordained to read as 13 follows: 14 S*c. 2-224.9. Minority business council established; composition; 15 appointment and terms of members; etc. 16 17 (a) There is hereby created the City of Virginia Beach 18 Minority Business Council which shall consist of at least five (5) 19 but not more than seven (7) members. 20 (b) The members of the minority business council shall be 21 appointed by the city council for terms of two (2) years provided, 22 however, that the initial terms of several members may be for one 23 (1) year in order to allow for staggered expirations of the terms 24 of members. Of those members appointed, one (1) member may be a 25 member of city council. 26 27 (c) The meeting in June of each year shall be the annual 28 organizational meeting at which the minority business council shall 29 elect, from among its members. a chair and vice-chair. The chair 30 and vice-chair shall each serve for a term of one (l) year, or until 31 his or her respective successor has been elected. Both the chair 32 and the vice-chair may be re-elected; provided, however, that no 33 member shall serve more than two (2) consecutive one-year terms in 34 the same office. 35 3 6 Attendance records shall be kept at each meeting of the 37 minority business council, and an annual report of attendance shall 38 be submitted to city council through the city clerk's office. No 39 member shall accumulate an annual total of (i) more than three (3) 40 absences or (ii) absences exceeding one-fourth of the number of 41 meetings held, whichever is lesser, for reasons other than personal 42 illness, death or other unusual circumstances. If this limitation 43 is exceeded, the chairperson shall report to the city clerk the 44 name of the minority business council member whose unexcused 45 absences exceed the number set forth herein. The city clerk shall 46 then notify such member in writing, with copies to the city 47 council, that, due to absences in excess of the number allowed 48 herein, his or her membership is terminated. Thereafter, the city 49 clerk shall forward the vacancy to the city council for appointment 50 of a new minority business council member to serve for the 51 remainder of such terminated member's term. 52 (d) Notwithstanding the provisions of subsections (b) and 53 (d) of this section, all members of the minority business 54 council shall serve at the pleasure of city council. 55 Adopted by the City Council of the City of Virginia Beach on 56 this 10th day of March, 1998. 57 58 CA-6714 59 DATA/ORDIN/PROPOSED/02-224ET.ORD 60 DATE PREPARED: 03/10/98 61 R4 62 63 64 AP AS TO LZGRL 65 SUFFICI 66 67 68 69 Department of Law 70 71 2 16 Item V-J.1.b. ORDINANCES ITEM # 43336 Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council DEFERRED until the City Council Session of March 24, 1998: Ordinance to AMEND the City Code. Sections 18-16 and 18-29 re Business Licenses by establishing one rate of interest for delinquent business license taxes, simplifying audit provisions, and increasing the penalty forr failing to appear or supply records necessary for audits. Voting. 9-0 (By Consent) ('ouncil Members Voting Aj,e John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, A4ayor Melvera E. Oberndorf find N(int-@ K. Parker Council Members Voting Nai Alone Council Members Absent. Vice Mayor William D. St@,vsoms. Jr. and Louisa Al Stravhorn March 10, 1998 17 Item V-J.2. ORDINANCES ITEM # 43337 Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to APPROPRIATE $833,963 from Prisoner Reimbursement Revenue and $150,000 from Inmate Telephone Revenue to the Sheriff's FY 1997-1998 Operating Budget re prisoner housing and increased salary costs, and, estimated revenues from the State Compensation Board and Inmate Telephone contract be increased accordingly. Voting. 9-0 (By Consent) Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Afe.ver(i E. Oberndorf un(I,Van(-i K. P(irker Council Members Voting No None ('ouncil Members Absent. Vice Mayor William 1). Sesvoms,.Ir. and Louzvti Al @tra-vhorit A,farch 10. 1998 1 AN ORDINANCE TO APPROPRIATE ADDITIONAL 2 PRISONER REIMBURSEMENT REVENUES IN THE AMOUNT 3 OF $833,963, AND ADDITIONAL INMATE TELEPHONE 4 REVENUES IN THE AMOUNT OF $150,000, TO THE 5 SHERIFF'S FY 1997-98 OPERATING BUDGET TO 6 OFFSET PRISONER HOUSING AND INCREASED SALARY 7 COSTS 8 WHEREAS, the Sheriff's Department is responsible for the 9 health and safety of inmates housed in the Virginia Beach 10 Correctional Center; 11 WHEREAS, the Sheriff's Department receives reimbursement 12 revenue from the State Compensation Board for the housing of 13 State responsible felons and offenders arrested on State 14 warrants; 15 WHEREAS, the Sheriff's Department receives revenues from 16 outgoing telephone calls made by inmates at the Virginia Beach 17 Correctional Center; and 18 WHEREAS, due to an increased State inmate population, the 19 reimbursement for housing and the revenues from the Inmate 20 Telephone contract are higher than anticipated; 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 1. That unanticipated prisoner reimbursement revenues in 24 the amount of $833,963, and unanticipated Inmate Telephone 25 contract revenues in the amount of $150,000, are hereby 26 appropriated to the Sheriff's Department's FY 1997-98 Operating 27 Budget for the purpose of offsetting increased prisoner housing 28 costs and increased salaries; 29 2. That estimated revenue from the State Compensation 30 Board is hereby increased by $833,963; and 31 3. That estimated revenue from the Inmate Telephone 32 contract is hereby increased by $150,000. 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia, on the 10 of March 1998. Approved as@o Content @r d as to Legal Sufficiency CA-6938 G:\DATA\ORDIN\NONCODE\SHERIFF.ORD MARCH 3,1998 R-2 - 18 - Item V-J.3. ORDINANCES ITEM # 43338 Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to TRANSFER $86,599 from the General Fund Reserve for Contingencies to the FY 1997-1998 Virginia Beach Court Service Unit Operating Budget to meet the local match requirement of the Virginia Juvenile Community Crime Control Act Block Grant re expenditure short-fall for FY 1996-1997 and services provided by the Tidewater Regional Group Home Commission. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay.- None Council Members Absent: Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn March 10, 1998 1 AN ORDINANCE TO TRANSFER FUNDS IN 2 THE AMOUNT OF $86,599 FROM THE 3 GENERAL FUND RESERVE FOR 4 CONTINGENCIES TO THE FY 1997-98 5 VIRGINIA BEACH COURT SERVICE UNIT 6 OPERATING BUDGET TO MEET THE LOCAL 7 MATCH REQUIREMENT OF THE VIRGINIA 8 JUVENILE COMMUNITY CRIME CONTROL ACT 9 BLOCK GRANT 10 WHEREAS, the 1995 Virginia General Assembly enacted the 11 Virginia Juvenile Community Crime Control Act, ("VJCCCA"), which 12 was effective January 1, 1996, and replaced a previous block grant 13 program; 14 WHEREAS, the purpose of the VJCCCA is to deter juvenile 15 crime by establishing community-based systems of sanctions, 16 programs and services for youth who have come before the Juvenile 17 and Domestic Relations Court on status or delinquent offenses; 18 WHEREAS, the VJCCCA block grant funding is sent to the 19 Tidewater Regional Group Home Commission on behalf of the City of 20 Virginia Beach for services provided by the Tidewater Regional 21 Group Home Commission and the Pendleton Child Service Center; 22 WHEREAS, to be eligible for the VJCCCA block grant, the 23 State requires a locality receiving VJCCCA funds to provide a local 24 match equal to or greater than the amount the locality spent on 25 these type of services in FY 1995; 26 WHEREAS, for FY 1996-97 the Virginia Beach Court Service 27 Unit and the Pendleton Child Service Center spent $1,073,761 or 28 $86,599 less than the local match requirement of $1,124,360; 29 WHEREAS, the State will allow the City to make up this 30 funding shortfall in FY 1997-98; and 31 WHEREAS, funds in the amount of $86,599 are available in 32 the FY 1997-98 Operating Budget General Fund Reserve for 33 Contingencies to meet this shortfall. 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 3 6 That funds in the amount of $86,599 are hereby 37 transferred from the General Fund Reserve for Contingencies to the 38 Virginia Beach Court Service Unit FY 1997-98 Operating Budget to 3 9 provide the remainder of the local match required by the VJCCCA 40 block grant for FY 1996-97 for services provided by the Tidewater 41 Regional Group Home Commission. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on the 10 day of March 1998. 44 45 CA-6935 46 ORDIN\NONCODE\J-UVCRIME.ORD 47 R-1 48 PREPARED: 02/24/98 49 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 50 SUFFICIENCY: 51 52 Department of M@gement Services City Attorney 2 Qyle L REGION lti ADMINWRATOR 1W NOA hWn @ WM C Mrgino X" MM M2M Pa@ L WM Fa (TS7) 92!S-2Z6 DIRECTOOT COMMONWEALTH of VIRGIMA I of fu@ J@ bgern Region - @ III January 13, 1998 Mr. John Matish Executive Director Tidewater REgional Group Home Commission 119-A Tilden Avenue Chesapeake, Virginia 23320 Dear Mr. Matish: Thank you for promptly submitting the Annual Financial Reports for those localities whose VJCCCA funds are held by the Tidewater Regional Group Home Commission. Based on the reports which the Commission filed on behalf of those localities, two did not meet their Maintenance of Effort (MOE) for FY 96-97. Suffolk had a shortfall of $57,661, and Virginia Beach's shortfall was $86,599. The transition from Block Grant to VJCCCA funding is still relatively new for both the Department fo Juvenile Justice and localities. With this in mind, the Director of DJJ has agreed to waive strict enforecement of the MOE requirement for FY 96-97. Instead she will allow us to calculate compliance with the MOE requirement cumulatively for the biennium. Secton 16.1-309.6 of the Code of Virginia requires that localities who receive VJCCCA funds agree to spend local funds equal to or greater than the amount they spent on these services in FY 95. In order to meet the VJCCCA requirements, the above referenced localities will need to spend all of their MOE amount for FY97-98 plus the shorfall from FY 96-97 in local funds by June 30, 1998. Failure to comply may result in a requirement that state dollars be returned to the State's general fund. Should you have questions or concerns, I am available to discuss them with you. Sincerely, Gayle L. Turner Regional Administrator c: Myles Standish, City Manager, Suffolk James K. Spore, City Manager, Virginia Beach "To Reduce Juvenile Delinquency and Protect the People of the Commonwealth" 19 Item V.J.4.a. ORDINANCES ITEM # 43339 Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize temporary encroachment: Into a portion of an existing 25' drainage easement at 6125 Partridge Drive for ROBERT L. and ANN WARE AKERS re constructing and maintaining a bulkhead (KFMPSVILLE BOROU(,H) The following conditions shall be required: 1. It is understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach public Works Department's specifications and approval as to size, alignment and location 2. Said agreement shall terminate upon notice by the City of Virginia Beach to the applicant and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 25' drainage easement by the applicants and the applicants shall bear all costs and expenses of the removal. 3. This bulkhead placement will utilize hardened slope stabilization revetment methods including bulkheading, grouted rip-rap and rip-rap with filter cloth lo minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal and lake systems. 4. The applicants shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case, it shall be necessary, to file or defend an action arising out of the location or existence of such temporary encroachment. 5. It is understood 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 applicants. 6. The applicants agree to maintain said temporary encroachment so as not to become unsightly or a hazard. March 10. 1998 20 Item V-J.4. a. ORDINANCES ITEM # 43339 (Continued) 7. The applicants must obtain a permit from the Development Services Center prior to commencing any construction 8. The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereto to the applicants, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the applicants to remove such temporary encroachment, and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting. 9-0 (By Consent) C'ouncilMember,v Voting A.ve John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mavor M@yera E. Oberndorf (inil N(in( i K [@arker ('ouncil Members Voting No None Council Members Absent. Vice Mayor William D. Sevsoms, Jr. and Lou two Stravhorn March 10, 199@ 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE A 3 TEMPORARY ENCROACHMENT INTO 4 A PORTION OF AN EXISTING 5 25' DRAINAGE EASEMENT FURTHER 6 KNOWN AS 6125 PARTRIDGE 7 DRIVE BY ROBERT L. AND ANN 8 WARE AKERS, THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 WHEREAS, Robert L. and Ann Ware Akers desire to 12 construct and maintain a proposed bulkhead into a portion of an 13 existing 25' drainage easement located at 6125 Partridge Drive. 14 WHEREAS, City Council is authorized pursuant to §§ 15.2- 15 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 16 authorize a temporary encroachment upon the City's drainage 17 easement subject to such terms and Conditions as Council may 18 prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof 22 contained in §§ 15.2-2009 and 15.2-2107 Code of Virginia, 1950, as 23 amended, Robert L. and Ann Ware Akers, their heirs, assigns and 24 successors in title, are authorized to construct and maintain a 25 temporary encroachment for a bulkhead in a portion of an existing 26 25' drainage easement as shown on the map entitled: "PROPOSED 27 BULKHEAD IN: CANAL AT 6125 PARTRIDGE DRIVE CITY OF VIRGINIA BEACH 28 STATE OF VIRGINIA APPLICATION BY: MR. R. L. AKERS," a copy of which 29 is on file in the Department of Public Works and to which reference 30 is made for a more particular description; and 31 BE IT FURTHER ORDAINED, that the temporary encroachment 32 is expressly subject to those terms, conditions and criteria 33 contained in the Agreement between the City of Virginia Beach and 34 Robert L. and Ann Ware Akers, (the "Agreement") which is attached 35 hereto and incorporated by reference; and 36 BE IT FURTHER ORDAINED that the City Manager or his 37 authorized designee is hereby authorized to execute the Agreement. 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be 39 in effect until such time as Robert L. and Ann Ware Akers and the 40 City Manager or his authorized designee execute the Agreement. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the 10 day of March, 1998. 43 cA-#*P?3 44 SBURNS\BRITT/AKERS.ORD 45 R-1 46 PREPARED:SB An TO 8 A= As TO @@ @ z r -4 Ar CTTT A@ 2 LOCATK)N MAP SCALE : I' m PAR H -I I z @ s LOCATION MAP AKERS ENCROACHMI 1 6125 PARTRIDGE DRIVE I @. Z @ I lil-@ PREPARED BY VIRGINIA BEACH CITY ATRORNEY'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 5th day of February, 1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and ROBERT L. AKERS and ANN WARE AKERS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantees, 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 "(Lot 28, Section 6, Kempsville Estates)" and being further designated and described as "6125 Partridge Drive, Virginia Beach, Virginia 23464 GPIN 1456-56-0953" and That, WHEREAS, it is proposed by the parties of the second part to construct and maintain a bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead, it is necessary that the said parties of the second part encroach into a portion of an existing 25' City 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 bulkhead within a portion of the City's 25' drainage easement. GPIN 1456-56-0953 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 25' drainage easement for the purpose of constructing and maintaining such bulkhead. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's 25' drainage easement as shown on that certain plat entitled: "PROPOSED BULKHEAD IN: CANAL AT 6125 Partridge Drive CITY OF VIRGINIA BEACH STATE OF VIRGINIA APPLICATION BY: Mr. R. L. AKERS," 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 25' drainage easement by the parties of the 2 second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is expressly understood and agreed that this bulkhead placement utilize hardened slope stabilization revetrnent methods including bulkheading, grouted rip-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal and lake systems. 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. 3 It is further expressly understood and agreed that the parties of the second part must obtain a permit from the Development Services Center prior to commencing any construction. 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 collect the cost in any manner provided by law for the collection of local or state taxes; may require the parties of the second part to remove such temporary encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ROBERT L. AKERS and ANN WARE AKERS, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By- City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: APPROVED AS TO LEGAL SUFFICIENCY City Clerk EAL) APAROVED AS TO CONTEI@-I d@ RTC AK@ER *= o@ sm"nm spin, list I)EPAWRMENT A.,@(SEAL) ANN WARE AKERS STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 19-, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expiresi 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 19-, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF Virginia CITY/COUNTY OF Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this 5th day of Feb., 1998, by ROBERT L. AKERS and ANN WARE AKERS. Notary Public My Commission Expires: @.;3 D ON BEHALF APPROVED AS TO FORK GER@R HIS CIT -OTTY ATTO@Y 6 law Oft apgi i4s#.4o.so;,o E. W. J&rW& Canai Exi,of caawpi AW*x &"Mgo owftm 25- DISA Elf.omt Lkwts 01 conetructi.@ r- - - - - - - - - -A Wido ol POW f4s"7.#o8l 8. a Now. Fe.l$49 x L NO rES. (t) TM$ ORA W#40 MAY ONLY BE USED FOR TNE EXCLUSM PLWPOSE OF 08r"ANa PGRMTS FOR THE CONSTRUCTION WORK SNOWN (2) No 1WEES MU SE MWVED DURINA rHE @Sff OF "O PN"CT. ALL fi2s V&BffrA@ MTUMBW SNALL SE R&SRCMW IAW "C SffDWNCE OF EVEMRS ON S@r 8 OF *. (3) THE ENTIRE PRojEcr is WirMN THE RPA@ (4) ACCESS WAY MAY 01 RELOCARED TO AVOID ANY ORSTRUCTIONS. (5@ ALL MATERIALS WILL BE STAGED WITHIN THE LMNRS OF CONSTRUCTION AND ON EXISTING PAVED AREAS S 86 Of- 20- W 80.00' Partridge Drive SCALE. I- 30' PuRposF-. EROSION PREVENTION PROPOSED BULKHEAD CANAL DArum: MLW v AT:6125 Partridge Drive AE)JACENT PROPERTY OWNERS: CITY OF VIRGINIA BEACH STATE OF VIRGINIA 1, See Sheet 2 APPLICATION BY: Mr. R. L. AKERS DATE: 3 NOV 1997 SHEET 2 OF 6 - 21 - Item V-J.4.b. ORDINANCES ITEM # 43340 Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to authorize temporary encroachment: Into a portion of the City's drainage and impoundment easement at 2080 Bierce Drive for HAROLD E. and ANNA J. WEATHERHOLT re constructing and maintaining a pier and an existing bulkhead (PRINCESS AAWE BOROUGH) The following conditions shall be required: 1. It is understood 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. 2. The temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the applicants, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's easements by the applicants and the applicants shall bear all costs and expenses of such removal. 3. The applicants shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. 4. It is understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicants. 5. The applicants agree to maintain said temporary encroachment so as not to become unsightly or a hazard. 6. The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicants, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicants to remove such temporary encroachment; and pending such removal, the City may charge the applicants compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicants; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. March 10, 1998 - 22 - Item V-J. 4. b. ORDINANCES ITEM # 43340 (Condnued) Voting: 9-0 (By Consent) Council Members Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Hen@, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn March 10, 1998 I Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS 4 INTO A PORTION OF A CITY 5 DRAINAGE AND IMPOUNDMENT 6 EASEMENT BY HAROLD E. 7 WEATHERHOLT AND ANNA J. 8 WEATHERHOLT, THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE :Li WHEREAS, Harold E. Weatherholt and Anna J. Weatherholt desire to 12 construct and maintain a pier and an existing bulkhead in the City's drainage and 13 impoundment easement located at 2080 Bierce Drive. 1 4 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 1 6 City's easements subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 1 8 OF VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in § § 1 5.2- 2 0 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Harold E. Weatherholt and Anna 2 1 J. Weatherholt, their heirs, assigns and successors in title, are authorized to construct and 22 maintain a temporary encroachment for a pier and existing bulkhead in the City's easement 2 3 as shown on the map entitled: "PLAN VIEW FOR: HAROLD WEATHERHOLT, 2080 24 BIERCE DR., VA BEACH, VA 23454, IN MAN MADE LAKE AT SOUTH SHORE 2 5 ESTATES, CITY OF VA BEACH, STATE VA, APPLICATION BY H. WEATHERHOLT, 2 6 DATE: 8/22/97," a copy of which is on file in the Department of Public Works and to which 2 7 reference is made for a more particular description; and 2 8 BE IT FURTHER ORDAINED, that the temporary encroachments are 2 9 expressly subject to those terms, conditions and criteria contained in the Agreement between 30 the City of Virginia Beach and, Haold E. Weatherholt and Anna J. Weatherholt (the 31 "Agreement") which is attached hereto and incorporated by reference; and 32 BE IT FURTHER ORDAINED that the City Manager or his authorized 33 designee is hereby authorized to execute the Agreement. 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 10 35 day of March 1998. 36 cA-# ID 933 3 7 ORDFN\14ONCODECA#.ORD 3 8 R-1 3 9 PREPARED: LDHAYES D AS TO CONTEM D" AS TO 2 LOCATK)N MAP 19=1,600' LOCATION MAP F HAROLD E.& NA@,WEATHER ENCROA( E AT 2080 BIERCE DRIV @2583 This is 11) (e,fily That 1, on )ULY IJ, 1997 shown on this plal. And that the title lines and the wall@ of the buildings are as shown on this pi The buildings stand stri(ily within the fill, II,,, of othe, buildings on the property, except as shown. Signed 1418 '4 62' 55r i8, w 2 0 DRAINAGE EASEMEN- LAKE /ARIABL-E WIDTH iMpOON[)MFNI EASEMENT 1 66- 28' - 53' F NAIL B(xKw wooDF'N BLILKKCAD -A,) mAL V4 MAFNTENANCE EASEMEN' 1422 WALK 1421 1423 2z :z LU 19.6 LI OW SRORY BRICK A FRAME 208C) Z6 0- L 22.2 64' PO 53' F @40 No-rE AS *h BIERCE r5c)') DRIVE UWCE PROGN 1293.44' TO DEC 3. TENNYSON RD. PHYSICAL SURVE@ OF LOT 1422, RED MILL FARMT SECTION 23 @ SOUTH SHORE ESTATES FOR t it E!. 251, P, @6 HAROLD E. WEATHERHOLT AND ANNA J. WEATHERHOLT PRINCESS ANNE BOROUGH - VIRGINIA BEACHT VIRGINIA SCALE- - I' - 30 JULY (). 1997 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS - ENGINEERS - PLANNERS VIRGINIA BEACH. VIRGINIA GPIN NO 241-4-58-777@ JO 61-, 706 A 1,@ k4f AKE PROPOSED @IE-A A t4 WALK No. 01 1 07 OW STC-R, ARICK L 208c, 20-. C, I 22@' '80 L),- 140 BIFF?CE f@, DRIVE 1293.44 TO TENNYSON F?n SCA LE- I PURPOSE: @F-@S INMAN @Abr- LA@ VIL AT So@71H c,@eE r--.STA@ DATUN 0,00 H@ DJACENT PROPERTY (-ITY OF\/A 13C-4c@ OWNERS: @IOTF VA I jD. L. i4A^j W),j3 D N 13)'H ZOB(D 6) IAPP( ICAT 10 VA SEAC 44 \IA L)A T I 512ZI'7'1 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 9th day of February, 1998, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and HAROLD E. WEATHERHOLT AND ANNA J. WEATHERHOLT, HUSBAND AND WIFE, THEIR 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 1422, Red Mill Farm, Section 23 / South Shore Estates" and being further designated and described as "2080 Bierce Drive, Virginia Beach, Virginia 23454 - GPIN 2414 58 7775" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a proposed pier and existing bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such pier and existing bulkhead, it is necessary that the said party of the second part encroach into a portion of existing City drainage and impoundment easements; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such pier and existing bulkhead within a portion of the City's easements. GPIN 2414 58 7775 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 and impoundment easements for the purpose of constructing and maintaining such pier and existing bulkhead. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's drainage and inipounchnent easements as shown on that certain plat entitled: "PLAN VIEW FOR: HAROLD WEATHERHOLT, 2080 BIERCE DR., VA BEACH, VA 23454, IN MAN MADE LAKE AT SOUTH SHORE ESTATES, CITY OF VA BEACH, STATE VA, APPLICATION BY H. WEATHERHOLT," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's easements 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 lumted extent unified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the 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 3 collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall unpose 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, Harold E. Weatherholt and Anna J. Weatherholt, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 APPROVED I'@F3 TO CITY OF VIRGINIA BEACH LEGt,,'- SLiFF@l,,","-7-@icy By City /A d @gfte of the City M@Wer (SEAL) ATTEST: Ci@ Clerk APPROVED AS TO CONTENT Harold E. Weatherhoh DEPARTMENT Anna J. We"erholt STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing insmment was acknowledged before me this day of 19-, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing nt was acimow@ed before me tius - day of I @, by RUTH HODGES SMITH, City C@ for die CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF Virginia CITY/COLNTY OF Virginia Beach, to-wit: The foregoing instrument was acknowk*ed before me this 9 day of February, 1998, by Harold E. Weatherholt. Notwy Public MyCommissionExpires: C,,.30--2001 STATE OF Virginia CITY/COUNTYOF Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this 9 day of February, 1998, by of Anna J. Weatherholt. Notary Public MyCommissionExpires: 6 - 23 - Item V-J.5.a/b. ORDINANCES ITEM # 43341 Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council ADOPTED: Ordinances to authorize: License Refunds $8,331.55 Tax Refunds $3,905.43 Voting.- 9-0 (By Consent) Council Members Voting Aye.- John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Hen@, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn March 10, 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 @ffication of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENAL7Y INTEREST TOTAL YEAR PAID Munkeby, Milton D. 1995-97 Audit 17.08 17.08 303 Atlantic Ave Va Beach VA 23451 Nyman, Thomas 1994-97 Audit 97.17 29.31 126.48 7804 Atlantic Ave B Va Beach VA 23451 Princess Anne Marine Sales Inc 2371 Vs Beach Blvd 1 @97 Audit 340.24 30.57 370.81 Va Beach VA 23452 Cert Ai. R - - Commissioner of the Revenue Approved as to form: Leilid'L. Lifley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $514.37 were approved by the Council of the City of Virginia Beach on the 10 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 Quantz, Emmett J 1995-96 Audit 104.93 104.93 288 Marlboro Road Newort News VA 23602 Rhodes, Jonathan Scott 1997 Audit 190.25 31.19 221.44 113 Dogwood Circle Manteo NC 27954 Robert W Morgan & Associates Inc 901 General Lee Drive 1995-97 Audit 34.56 5.67 40.23 Vs Beach Vs 23454 Commissioner of the Revenue Approved as to form: @@ L. Lilidy City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $366.60 were approved by the Council of the City of Virginia Beach on the 10 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 McDonald, Howard 1994-96 Audit 30.00 30.00 620 Caren Drive Va Beach VA 23452 Meldisco K-M 1996 Audit 222.85 89.98 312.83 933 MacArthur Boulevard Mahwah NJ 07430 Miles Agency Inc (The) 1 99&97 Audit 95.76 6.40 102.16 287 Independence Blvd 228 Va Beach VA 23462 Municipal Advisors Inc 1995-97 Audit 11.58 0.78 12.36 1206 Laskin Rd 21 0 Vs Beach VA 23451 @Philip J. Kelliim - Commissioner of the Revenue Approved as to form: @esfe L. LiltW City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $457.35 were approved by the Council of the City of Virginia Beach on the 10 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 Henry Hanson Tucker Realty 4620 Haygood Road 1996-97 Audit 11.11 0.72 11.83 Va Beach VA 23455 Holmes & Associates PC 1995-97 Audit 56.57 56.57 1201 Lake James Drive 200 Va Beach VA 23464 Hudson, Richard A 1996-97 Audit 70.69 11.57 82.26 1052 Sunnyside Drive Va Beach VA 23464 Kumar, Achia 199&97 Audit 23.81 2.68 26.49 5301 Providence Rd 20 Va Beach VA 23464 Certified P Commissioner of the Revenue Approved as to form @L. Lil@ - City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $177.15 were approved by the Council of the City of Virginia Beach on the 10 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 cettffication of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID E B Webster Inc 1996-97 Audit 10.00 0.68 10.68 3712 Bainbridge Boulevard Chesapeake VA 23324 Hudson, E L 19%-97 Audit 40.00 2.68 42.68 2438 Almeda Ave Norfolk VA 23513 Fahey, William F 1996-97 Audit 40.00 2.68 42.68 4692 Berrywood Road Va Beach VA 23464 Hecht-Leavitt, Charles MD 1995-97 Audit 93.31 15.20 108.51 4668 Pembroke Blvd Va Beach VA 23455 Certified as to P Commissioner of the Revenue Approved as to form: L Ull City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $204.55 were approved by the Council of the City of Virginia Beach on the 10 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 Welch, Charles Sumner Jr 1997 Audit 320.00 320.00 8530 Tidewater Drive 115 Norfolk VA 23503 Charles Jones Inc 996-97 Audit 179.35 29.40 208.75 808 Juniper Cres 201 Chesapeake VA 23320 China Garden Restaurant Inc 4586 Pembroke Mail 5 1994-97 Audit 173.74 12.14 185.88 Va Beach VA 23462 Creative Structures Contractors Inc 945 Seahawk Circle 1995-97 Audit 469.53 469.53 Va Beach VA 23452 Carl ,Kdtp@. Kelhff Commissioner of the Revenue Approved as to form: @s(re L. Lilley City Attorney This ordinance shall be effective from date of adoption, The above abatement(s) totaling $1,184.16 were approved by the Council of the City of Virginia Beach on the 10 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 Bayshore Markets Inc 1994-97 Audit 3,606.98 124.91 3,731.89 P O Box 5550 Va Beach VA 23471 Ben Franks Inc 1996-97 Audit 14.10 0.94 15.04 1716 Va Beach Blvd Va Beach VA 23454 Bowden, Charles F 1995-97 Audit 323.33 21.77 345.10 2125 Harbor Lane Va Beach VA 23454 Care A Lot Inc 1996-97 Audit 287.23 33.43 320.66 1617 Diamond Springs Road Va Beach VA 23455 Certified as to P -Phi#p-J--Kellaifi Commissioner of the Revenue Approved as to form: Leslie L. Liti@ City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $4,412.69 were approved by the Council of the City of Virginia Beach on the 10 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 Advanced Data Systems Inc 1996-97 Audit 17.67 2.92 20.59 242 Mustang Trail Va Beach VA 23452 Atkins, Walter R 1996-97 Audit 10.01 1.64 11.65 4865 Witchduck Road North Va Beach VA 23455 B S-3 Inc 1994-96 Audit 120.41 14.25 134.66 4684 Princess Anne Road Va Beach VA 23462 Bailey Roofing Co Inc 1996-97 Audit 107.65 7.39 115.04 514 W Sth Street Norfolk VA 23517 C 11 2; I @hflip@Keiam - Commissioner of the Revenue Approved as to form: @e L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $281.94 were approved by the Council of the City of Virginia Beach on the 10 day of March, 1998. Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APFUCATION 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 L DATE BASE PENALTY INTEREST TOTAL YEAR PAN) Professional Promotions Inc. T/A Professional Promotions Inc. 721 Goodard Drive lg%-1997 Audit 22.22 9.79 32.01 Virginia Beach, VA 23454 World Class Bread Co. Inc. T/A Real Broad Co. Home The 3293 Doncaster Road 1997 Audit 216.65 35.93 252.58 Virginia Beach, VA 23452 Yang, Chan & Ian, C. 1994-1997 Audit 34.83 34.83 T/A Fung Un Restaurant 1861 Gettysburg Road Virginia Beach, VA 23464 COMW as to Paymwvt: j.'K@ Cc>mmiWoner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $319.42 were approved by the Council of the City of Virginia Beach on the 10 day of March, 1998. Ruth Hodgm Smith city cl" AN ORDINANCE AUTHORIZING LICENSE REFUND$ 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 John-Tom Inc. 19WI997 Audit 68.17 6.55 74.72 T/A Hampton Roads Business Machines 5104 Greenwich Road Virginia Beach, VA 23462 Keystone Import And Export Co. T/A Keystone International 1 W&l 997 Audit 114.00 18.91 132.91 317 Office Square Lane, Suite 202A Virginia Beach, VA 23462 Lynnhaven Waterway Marina Inc. T/A Lynnhaven Watwway Marina Inc. 2103 W Great Neck Road l9Wl997 Audit 12.45 1.48 13.93 Virginia Beach, VA 23451 C Ph J. Commissioner of ttve Revenue Approved as to form: L6WL U@ City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $221.56 were approved by the Council of the City of Virginia Beach on the 10 day of March, 1998. Ruth Hodges @h city cl" 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 VIRGININA 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 Account For It Inc. T/A Account For It 1995-1997 Audit 40.00 2.77 42.77 1161 Nansmond Parkway Trlr 37 Suffolk, VA 23434 Bobby G Custom Carpets Inc. T/A Bobby G Custom Carpets Inc. 2057 Silver Lake Drive 199r>-1997 Audit 11.75 0.98 12.73 Virginia Beach, VA 23464 Greenwich Supply Corp. 1996-1997 Audit 116.90 19.36 136.26 T/A GroorrMch Supply Corp. Cont Div P. O. Box 61737 Virginia Beach, VA 23462 Ca J.K@ Comm of the Revenue Approved as to form: L@ L. LMey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $191.76 were approved by the Council of the City of Virginia Beach on the 10 day of March, 1998. RLih Hodges Smfth CRY c@ RM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Data Penalty lnt. Total Year of Tax Number tion No. Paid Frank, Thomas S. 1993 pp 93010727447 01/02/98 317.78 Monk, James D. 1993 pp 93022646379 08/01/97 78.87 Scott, Randall & Christine 1998 RE(1/2) 108765-9 12/05/97 227.76 Durham, Shelagh R. 1997 PTicket C14893 11/20/97 50.00 Thomas, Anita 1994 PTicket B17941 08/02/94 12.00 Jordan, Norma F. 1997 RE(2/2) 063171-5 02/05/97 436.46 Garcia, Ricardo & Elisa 1998 RE(1/2) 043560-5 11/25/97 38.53 MacDonald, Kenneth & Dorothy 1998 RE(1/2) 075155-8 12/04/97 29.22 Knickerbocker Properties Inc c/o May Department Stores 1998 RE(1/2) 067144-9 11/21/97 1382.26 Mitchum, C. Dwight Jr. 1998 RE(1/2) 083951-8 11/25/97 78.15 Pino, Stefano & Selena 1998 RE(1/2) 096359-8 11/19/97 176.90 Vanhuyck, John A. 1998 RE(1/2) 125144-5 12/04/97 35.63 Warner Construction Co. 1998 RE(1/2) 128112-7 12/04/97 186.24 Williams, Vernon & A. Givens 1998 RE(1/2) 132703-4 12/03/97 12.20 Mundy, A. Stanley Co. 1998 RE(1/2) 086907-6 12/05/97 455.05 Navy Federal Credit Union 1997 RE(1/2) 034728-4 12/05/96 9.11 Navy Federal Credit Union 1997 RE(2/2) 034728-4 05/22/97 9.11 Brunick, Michael & Leslie 1998 RE(1/2) 015648-9 11/14/97 54.90 Rinehart, Barton & Anne 1998 RE(1/2) 122922-0 12/03/97 91.50 Garcia, Ricardo & Elisa 1997 RE(1/2) 043196-8 11/18/96 38.47 Garcia, Ricardo & Elisa 1997 RE(2/2) 043196-8 05/19/97 38.47 Garcia, Ricardo & Elisa 1995 RE(1/2) 041775-3 11/18/94 35.95 Garcia, Ricardo & Elisa 1995 RE(2/2) 041775-3 05/21/95 35.95 Garcia, Ricardo & Elisa 1996 RE(1/2) 042696-6 11/24/95 37.46 Garcia, Ricardo & Elisa 1996 RE(2/2) 042696-6 05/17/96 37.46 Total: $3,905.43 This ordinance shall be effective from date of adoption. The above abatements totaling Ce to pa $3,905.43 were approved by the Council of the City of Virginia Beach on the 10 day of March, 1998 Fohn Atklnsdr TreTsurer Approved as to form: Ruth Hodges Smith City Clerk es is L LTiley, Cit;- 24 Item V-K. PUBLIC HEARING ITEM # 43342 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. JAMES M. BEVERLY STREET CLOSURE 2. PDS, INC., T/A McDONALD's ENLARGEMENT OF A NONCONFORMING USE 3. TENCH H. PHILLIPS, JR. CONDITIONAL USE PERMIT 4. VIRGINIA METRONET, INC. dba CONDITIONAL USE PERMIT 360 COMMUNICATIONS CO. 5. RICHARD M. WAITZER CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 6. JUDEO-CHRISTIAN OUTREACH CENTER, INC. CHANGE OF ZONING March 10, 1998 25 Item V-K PUBLIC HEARING ITEM # 43343 PLANNING Upon motion by Councilman Baum, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2, 3, 4 and 5 of the PLANNING BY CONSENT: Item K.5 was APPROVED, BY CONSENT with additional condition No. 4. Voting: 9-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louiv R Jonev, Reba S. McClanan, A4a or Meyera E. Oberndorf and Van( i K. P(irker Council Members Voting No i None (council Members Absent. Vice Mayor William /) Sevsoms, Jr, and Loui,@ (i At @tt-avhorn Afarch 10. 1998 26 Item V-K.1. PUBLIC HEARING ITEM # 43344 PLANNING Upon motion by Councilman Baum, seconded by Councilman Branch, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of JAMES M. BEVERLY for the discontinuance, closure and abandonment of a portion of Fifteenth Street. Petition of James M. Beverly for the discontinuance, closure and abandonment of a portion of Fifteenth Street variable in width, beginning at the western boundary of Arctic Avenue and running in a Westerly direction a distance of 241.94 feet along the Northern boundary of Fifteenth Street (I'IRG[IVIA RFACH BOROUGH) Voting., 9-0 (By Consent) Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, William W HarriNon, Jr., Harold Hei.@chober, Barbara M Henley, Louis R. Jones, Reba S. McClanan Afavor Mevera E. Oberndo@l and Nan(-@ K. Parker Council Memberv Voting Na@, None Council Members Absent Vice Mayor William D. ';evsoms, Jr. and Lou iso I;tra horn March 10, 1998 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOW AS A PORTION OF FIFTEENTH STREET, LOCATED IN THE VIRGINIA BEACH BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "MAP NO. 5 OF THE PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO.", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 5, AT PAGE 21. WHEREAS, it appearing by affidavit that proper notice has been given by JAMES M. BEVERLY, on behalf of CALA CORPORATION, formerly known as COBO Corporation, that he would make application to the Council of the City of Virginia Beach, Virginia, on NOVEMBER 9, 1993 to have the hereinafter described portion of a street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street 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 street be discontinued, closed and vacated: All of that parcel of land situated in the Virginia Beach Borough of the City of Virginia Beach, Virginia, being known, numbered, and designated as Lot X and Lot Y as shown on that certain plat entitled "Subdivision of a Portion of 15th Street Shown on Plat of VIRGINIA BEACH DEVELOPMENT CO. Map No. 5, M. B. 5, Pt. 1, P. 21" made by Harold C. Warren, Jr. dated January 21, 1998 and intended to be recorded simultaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Section II A certified copy of this ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor, and CALA Corporation as Grantee. Adopted: AUTHORIZED FINAL APPROVAL: MARCH 10, 1998 GPIN NO. 2427-16-0175 GPIN NO. 2427-16-0280 APPROVF.D A. LEGAL Ln @Li LAJ CY, C'4 rL LLi I -i DISCLOSURE STATLMEil@ DATE April 8, 1993 NAME(S) OF APPLICANT(S) James M. Beverly NAME(S) OF ALL OWNERS (if different from applicant) James M. Beverly - Sole Owner CALA CORPORATION 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: N/A 2. If the applicant is a partnership firm or other unincorporated organization, list all members or partners in the organization: N/A TO BE COMPLETED BY OR FOR THE OWNER (if different from applicant) 1. If the owner is a corporation, list the officers of the corporation; Edwin Lindsley Sole Officer and Director 2. If the owner is a partnership, firm or other unincorporated organization list all members or partners in the organization: Edwin Lindsley sip idr46 l'i tle Ln 0 Oi 0 7- S2 z@RE d I-T z rm 0 0 w > Ul 0 0 r 0 lz CZ Ln 0 0 0 This DEED OF QUITCLAIM, made this 12 day of February, 1998, by and between CALA CORPORATION, a Virginia corporation, formerly known as COBO CORPORATION, "Grantor," and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, "Grantee." W I T N E S S E T H; That for and in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby releases, vacates, and forever QUITCLAIMS unto the said Grantee its right and interest, if any, in the following described property, to-wit: ALL of that portion of the lake and lake bed of Lake Holly, approximately 8,000 Sq. Ft., and currently covered by water. The lake and lake bed is a portion of Lake Holly located west of Lots X and Y as shown on that certain plat entitled "SUBDIVISION OF PROPERTY OF A PORTION OF 15TH STREET SHOWN ON THE PLAT OF VIRGINIA BEACH DEVELOPMENT CO. MAP NO. 5 M.B.5, PT.1 P. 21 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA JANUARY 21, 1998." This conveyance is made subject to the restrictions, easements, conditions, covenants, rights of the public and City of Virginia Beach affecting the above described property and constituting constructive notice thereof. In Witness Whereof, Cala Corporation, a Virginia corporation, has caused this deed to be executed in its corporate name and on its behalf by Edwin B. Lindsley, Jr., its President. GPIN NO. CALA CORPORATION EAL) BY: L (Z' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Acknowledged before me this 12 day of February, 1998, by Edwin B. Lindsley, Jr., President of Cala Corporation, a Virginia corporation, on its behalf. @otar)F/Public 0 my commission expires: 3(D 2 THIS DEED OF QUITCLAIM, made this 12 day of February, 1998 by and between CALA CORPORATION, formerly known as COBO corporation, a Virginia corporation, Grantor, and DALE G. BROWDER and DELENA J. BROWDER, Husband and Wife, Grantee, whose mailing address is: 314 Crescent, Virginia Beach, Virginia 23451. W I T N E S S E T H: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged, the said Grantor does hereby remise, release and forever quitclaim unto the Grantee, all its right, title and interest, if any, in and to the following described property, to-wit: All of that parcel of land situated in the Virginia Beach Borough of the City of Virginia Beach, Virginia, being known, and designated as "Southern Five Feet of 15th Street Previously Closed and Vacated" as shown on that certain plat entitled "Subdivision of a Portion of 15th Street Shown on Plat of VIRGINIA BEACH DEVELOPMENT CO. Map No. 5, M. B. 5, Pt.1, P. 21" made by Harold C. Warren, Jr. dated January 21, 1998 and intended to be recorded simultaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach. This conveyance is made expressly subject to the conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. CPIN NO. 2427-16-0096 CALA CORPORATION BY -t EDWIN B. LINBSLEY President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, TO-WIT: The foregoing instrument was acknowledged before me in the aforesaid City and State this 12 day of February, 1998, by EDWIN B. LINDSLEY, JR., President of CALA Corporation. BLIC My C n@io@ Expires: THIS DEED OF EASEMENT made this 12 day of February, 1998 by and between CALA CORPORATION, formerly known as COBO Corporation, a Virginia Corporation, Grantor, and DALE G. BROWDER and DELENA J. BROWDER, Husband and Wife, Grantee, whose address is 314 Artic Crescent, Virginia Beach, Virginia 23451. WITNESSETH: For and in consideration of the sum of one Dollar ($1.00) cash in hand paid, the receipt whereof is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, their heirs successors, administrators and assigns, a private ingress/egress easement for the benefit of Lot 1, which said easement is located over the following described property, to-wit: All of that certain easement situated in the Virginia Beach Borough of the City of Virginia Beach, Virginia, being known, and designated as "Private Variable Width Ingress/Egress Easement For Lot '1'" as shown on that certain plat entitled "Subdivision of a Portion of 15th Street Shown on Plat of VIRGINIA BEACH DEVELOPMENT CO. Map No. 5, M. B. 5, Pt.1, P. 21" made by Harold C. Warren, Jr. dated January 21, 1998 and intended to be recorded simultaneously herewith in the Clerk's a Office of the Circuit Court of the City of Virginia Beach. This easement is granted solely for the benefit of Lot 1 and is intended to run with the land as an easement appurtenant to that property only, and shall not be used for the benefit of any other property, or lot owned by this Grantee, or by the public in general. This conveyance is made expressly subject to the conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. CALA CORPORATION BY EDWIN't!@LfNDSLE-Y, JR. v President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, TO-WIT: The foregoing instrument was acknowledged before me in the aforesaid City and state this 12 day of February, 1998, by EDWIN B. LINDSLEY, JR., President of CALA Corporation. PC)TARY@UBLIC my c ires: AGREEMENT This Agreement is made February 2, 1998, between Virginia Electric and Power Company, a Virginia public service corporation, with its principal office in Richmond, Virginia ("Company") and CALA CORPORATION, a Virginia Corporation (collectively, "Owners.") RECITALS Company has been notified by the City of Virginia Beach ("Government") that it is considering closing a public thoroughfare and right-of-way existing within said Government's jurisdiction and conveying all or a portion of the underlying real estate (the "Property") to Owners. The thoroughfare to be closed is specifically identified as a portion of 15th Street West of Arctic Avenue fronting Lake Holly. Company has installed certain of its facilities on said thoroughfare and objects its closure and the conveyance of the Property to Owners. Owners have agreed to convey an easement to Company in return for Company's support of the closure of the thoroughfare NOW, THEREFORE, because of the above Recitals which are incorporated herein and in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 1. Company will not oppose and will affirmatively support the closure of said thoroughfare and the conveyance of the Property to Owners. Company's support and agreement not to object is strictly contingent upon Owners agreement to convey to Company the easement described in the following paragraph. 2. If the thoroughfare is closed and the Property is conveyed to Owners, Owners will, immediately following transfer of title to Owners of the Property, convey to Company an easement in the form set forth in Exhibit 1 to this Agreement, said exhibit being incorporated herein by reference. IN WITNESS WHEREOF, the parties have affixed their signatures and seals to this Agreement on the date first above written. VIRGINIA ELECTRIC AND O"ERS POWER COMPANY CALA CORPORATION, a Virginia Corporation By: By Gerald A. Masini zi Edwii resi en@t Title: Regional Construction Services Manager State of Virginia City/County of Virginia Beach The foregoing instrument was acknowledged before me this 3rd day of February, 1998, by Edwin B. Lindsley,Jr., President of Cala Corporation. 0 My commission expires: El, 1/1 0 State of Virginia City/County of Portsmouth The foregoing instrument was acknowledged before me this 2nd day of February, 1998, by Gerald A. Masini, on behalf of Virginia Electric and Powerz Company My commission expires: arch 31 1999 A ui 10, LOT- X RtAERLi PD@L)NI C)V- 15@ -S@@(PAPERS EC) 61 C 1-rY Cou@l L )' O-Ai A Cc)RPDRATioAj L-DT Y Plat to Accompany Right of Way Agreement 94 COR 16 Virginia Electric ano Power Company :stri ..egend [+ State Location of Boundary Lines of Right of Way lty VA. 10' I AJ W I I)TH. Office -TFr?i, @aTt@Number Grid Number D@. Cto-si) - "i t BY 0 w 60, AF?CTIC OIIA AA 2 0 27 Item V-K.2. PUBLIC HEARING ITEM # 43345 PLANNING Upon motion by Councilman Baum, seconded by Councilman Branch, City Council ADOPTED Resolution upon Application of PDS, INC., T/A McDONALD'S for an enlargement of a nonconforming use. Resolution upon application of PDS, Inc, T/A McDonald's for an enlargement of a non-conforming use on property located at 300 21st Street. Said parcel contains 49,000 square feet. VIRGINIA BEACH BOROUGH The following conditions shall be required: 1. The window, as enlarged, will he equally appropriate to the RT-3 Resort Tourist District as is the existing window. 2. The proposed enlargement be performed substantially in accordance with the site plan entitled "Drive-Thru Cash Booth Addition" dated January 1998. Voting. 9-0 (By Consent) ('ouncil Memberv Voting Ave. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jone.@, Reba S. McClanan, Ala or Mevera F. Oberndorf and Nan(,v K Parker ('ouncil Members Voting Nai, None ('ouncil Members Absent. Vice Mayor William D. @evvoms,.Jr and l.ouisa A4 @travhorn March 10, 199@ I A RESOLUTION AUTHORIZING THE ENLARG 2 OF A NONCONFORMING USE ON PROPERTY 3 LOCATED AT 300 21ST STREET, IN THE 4 BOROUGH OF VIRGINIA BEACH 5 WHEREAS, PDS, Inc. T/A McDonald's (hereinafter the 6 "Applicant") has made application to the City Council for 7 authorization to enlarge a nonconforming drive-through service 8 window at an eating and drinking establishment situated on a 9 certain lot or parcel of land having the address of 300 21st 10 Street, in the RT-3 Resort Tourist District; and 11 WHEREAS, the said drive-through service window is a 12 nonconforming use, in that the same are not allowed in the RT-3 13 Resort Tourist District; and 14 WHEREAS, pursuant to Section 105 of the City Zoning 15 ordinance, the enlargement of a nonconforming use is unlawful in 16 the absence of a resolution of the City Council authorizing such 17 enlargement upon a finding that the proposed use, as enlarged, will 18 be equally appropriate or more appropriate to the zoning district 19 than is the existing use; 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That the City Council hereby finds that the proposed 23 drive-through service window, as enlarged, will be equally 24 appropriate to the RT-3 Resort Tourist District as is the exiting 25 window. 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the proposed enlargement of a nonconforming use be, 29 and hereby is, authorized, upon the following condition: 3 0 1. That the proposed enlargement be performed 31 substantially in accordance with the site plan entitled "Drive Thru 32 Cash Booth Addition" dated January 1998, submitted by the Applicant 33 and exhibited to the City Council on the date of adoption of this 34 Resolution, which said site plan is on file with the Planning 35 Department. 36 Adopted by the Council of the City of Virginia Beach on 37 the 10 day of March, 1998. 38 CA-98-6944 39 wmmordres\PDS.res 40 R-1 41 February 27, 1998 APPROVED AS TO CONTENT P, ).7- Pi AS TO LEGAL Of Law 2 21 et 8 T R E E T JE > 0 bo E iN LL 10 WO CO M 0 0 a- o co ir -< o- 0 2U th 9 T R E E T BOOTH wt EJU JAN Donald"s, Rim JAN NM 127A.dwg @ *hit - ojlkpe Mg WATR=@ DFWE, K VA 235fX) Ptv: 757/620-@ a t', 13 - N I I Ir I a !4 (4 %o I I lwn zi 9 Q) I 10 0 i(.n 0 +1 @+1 0 z cl c K) 2 l@ PDS INC. T/A MCDONALD'S GENERAL INFORMATION Site Location: 300 21st Street, Virginia Beach Borough Request: Enlargement of a non-conforming use in the RT-3 Resort Tourist District. The subject property is improved with a McDonald's Restaurant with inside seating as well as a drive-through window. On May 27, 1997 City Council approved a change in the City Zoning Ordinance which precludes drive-through windows, at restaurants, within the RT-3 Resort Tourist District. The City Zoning Ordinance permits changes to nonconforming uses only after the adoption of a resolution by City Council. Purpose: To allow the enlargement of the existing drive-through service window on this 49,000 square foot parcel. The applicant desires the opportunity to add a second window to the existing drive-through service offered at this resort area location. The requested addition is intended to improve the efficiency of the existing drive-through facility and to reduce on site congestion and stacking resulting from the less than efficient drive-through service currently offered. The proposed addition will separate order taking and delivery service of food items offered to motoring customers. Site Size: 49,000 square feet Site Plan: The submitted site plan depicts the property as it is currently developed with a free-standing McDonald's Restaurant and drive-through facility. The plan identifies a 5 1/2' X 8' (44 square foot) addition on the southern side of the building to be used as a cashiers window for the drive-through service Zoning: RT-3 Resort Tourist District Surrounding Land Use and Zoning: All of the immediate surrounding properties are zoned RT-3 and are improved with resort related businesses. COMPREHENSIVE PLAN The Comprehensive Plan land use map designates this site for resort related businesses. EVALUATION The requested enlargement of the drive-through facility is acceptable as proposed. While the recent changes in the City Zoning Ordinance clearly indicate that drive-through restaurant facilities are not desirable in the oceanfront area, the proposed change will not increase drive- through opportunities, but rather improve the non-conforming situation that currently exists. The adoption of the changes to the City Zoning Ordinance were prompted by a desire to improve traffic circulation in the area. The requested change should improve stacking of automobiles on the site and eliminate off-site stacking onto 21st Street. CONDITIONS 1. The proposed enlargement of the existing drive-through facility will be substantially in accordance with the site plan entitled "Drive Thru Cash Booth Addition" dated January 1998, which has been submitted by the applicant, exhibited to the City Council on the date of adoption of this Resolution, and is on file with the Planning Department. Note: Further conditions may be required during the administration of applicable City Ordinances. DISCLOSURE STATEMENT DATE 1/23/98 NAME(S) OF APPLICANT(S) PDS INC T/A McDONALD'S NAME(S) OF ALL OWNERS (if different from applicant) Paul W. Smith Debbie B. Smith TYPE OF APPLICATION: Rezoning from to Conditional Use Permit Street Closure Subdivision Variance Other TO BE COMPLETED BY OR FOR THE APPLICANT: 1. If the owner is a corporation, list the officers of the corporation: Paul W. Smith - President Debbie B. Smith V/P SECRETARY 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) 1. 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: Signature Title - 28 - Itm V-K.3. PUBLIC HEARING ITEM # 43346 PLANNING Upon motion by Councilman Baum, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of TENCH H. PHILLIPS., JR., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TENCH H. PHILLIPS, JR.., FOR A COADMONAL USE PERMIT FOR AN AUTOMOBILE REPAIR FACILITY R03982179 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tench H. Phillips, Jr., for a Conditional Use Permit for an automotive repair facility on certain property located on the south side of Cleveland Street beginning at a point 250 feet east of Opal Avenue. Said parcel contains 2.03 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. The Conditional Use Permit is approvedfor up to 32,000 square feet of floor area, for use as automotive service and repair and associated office space. The submitted site plan, prepared by Miller-Stephenson and associates, P.C. dated December 17, 1997, shall be revised as necessary to comply with all applicable code requirements, including landscaping, screening and stormwater management. 2. There shall be no outside storage of wrecked or dismantled vehicles except in the rear portion of the lot behind the building. There shall be no outside storage of parts or outside repair permitted. 3. Fencing to the rear of the building shall be of either stockade or chain link fencing with slatting, and Category VI landscaping. 4. The project expansion of the building shall conform to the metal type building as presented. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March, Nineteen Hundred and Ninety-Eight. Voting.- 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn March 10, 1998 - 29 - Item V-K.4. PUBLIC HEARING ITEM # 43347 PLANNING Upon motion by Councilman Baum, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of VIRGINIA METRONET, INC. dba 360 COMMUNICATIONS CO., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA METRONET INC., dba 360 COMMUNICATIONS CO., FOR A CONDITIONAL USE PERMIT FOR A MONOPOLE TOWER FOR WIRELESS COMMUNICATIONS R03982180 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Metronet Inc., dba 360 Communications Co., for a Conditional Use Permit for a monopole tower for wireless communications at the intersection of Wesleyan Drive and Haygood Road. Said parcel is located at 4960 Haygood Road and contains 32.28 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. The proposed tower must be developed in substantial accordance with the site plan entitled "Preliminary Site Plan for Conditional Use Permit " prepared for 360 Communications, dated December, 1997. A copy of the plan was presented to the City Council and is on file in the Planning Department. 2. The proposed tower/light-pole shall not exceed 135 feet in overall height. Antennas on the tower must be flush mounted at or near the elevation shown on the submitted plan. 3. Prior to construction, the applicant must provide city staff with a letter from a licensed structural engineer stating that the tower, with the flush mounted antenna arrays planned, as well as the lighting fixtures required for track and field events at Bayside High School, meet or exceed all structural standards established by the Electronics Industry Association and the local building code. Additionally, the applicant must also provide a letter from a licensed radio frequency engineer that the cumulative non-ionizing electromagnetic radiation emitted from the tower, including antenna arrays placed on the tower not exceed at ground level or at any point within the bleacher area of the existing sports facility, the lowest applicable standards established by the federal government or the American National Standards Institute. 4. The tower is to be developed as a multiple use tower capable of accommodating, at a minimum, antenna arrays of two wireless telecommunication companies. 5. In the event that the tower is no longer needed for telecommunications purposes, the applicant, co-locator and any future users, must remove all antennas and support equipment from the site. March 10, I998 - 30 - Item V-K.4. PUBLIC HEAWNG ITEM # 43347 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March, Nineteen Hundred and Ninety-Eight. Voting.- 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn March 10, 1998 3 Item V-K.5. PUBLIC HEARING ITEM # 43348 PLANNING Upon motion by Councilman Baum, seconded by Councilman Branch, City Council ADOPTED Ordinances upon application of RICHARD M. WAITZER for a Conditional Change of Zoning and Conditional Use Permit. ORDINANCE UPON APPLICATION OF RICHARD M. WAITZER FOR A CHANGE OF ZONING FROM O-1 TO CONDITIONAL A-36 ZO3981100 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard M. Waitzer for a Change of Zoning District Classification from O-1 Office District to Conditional A-36 Apartment District on the south side of Bonney Road, 500 feet more or less east of Bendix Road. The proposed zoning classification change to Conditional A-36 is for apartment land use at a density no greater than 36 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for marketplace corridor use in accordance with other plan policies. Said parcel is located at 4353 Bonney Road and (Contains 3.0239 acres. KEMP,5V[ILE BOROU(;IL The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court, a copy of which is hereby made a part of the proceedings. AND, ORDINANCE UPON APPLICATION OF RICHARD M. WAITZER FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE ELDERLY R03982181 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard M. Waitzer for a Conditional Use Permit for housing for the elderly on the south side of Bonney Road, 500 feet more or less east of Bendix Road. Said parcel is located at 4353 Bonney Road and contains 3.0239 acres. KEMP,5VII.LE BOROU(;H The following conditions shall he required: 1. The project will be developed substantially in accordance with submitted site plan entitled "SILVER HILLS APARTMENTS, 4353 Bonney Road," dated December 19, 1997 prepared by W. P. Large, Inc (Hereinafter "Site Plan') which Site Plan was exhibited to the Virginia Beach City Council at its Public Hearing held to consider Grantors' application and which is on file in the Planning Department, the landscape plan entitled "Silver Hill at Thalia" dated January 12, 1998, prepared by W. P. Large, Inc.; and the renderings entitled "Silver Hill at Thalia" dated January 12, 1998. A,farc,-h 10, 1998 3 Item V-K.5. PUBLIC HEARING ITEM # 43348 (Continued) PLANNING 2. The project will be developed in accordance with the conditions of the variance approved by the Chesapeake Bay Preservation Area Board. These conditions include: a. Buffer compensation/landscaping shall be as provided on the conceptual landscape plan for Silver Hills Thalia submitted with the application. Bayscape landscape principles shall be incorporated into the overall design. b. Under deck treatment shall be provided for the observation deck and associated timber walkways c. A revised site plan shall be submitted to the Development Services Center for review and approval prior to the issuance of a building permit. 3. If Federal Homes funds, a H.U.D. grant administered by the Department of Housing and Community Preservation, are made available for this project, a minimum of 20% of the units will be reserved for individuals or households with incomes below 50% of the median income (currently $15,250 for individuals and $17,450 for a family of two). An additional 70% of the units will be reserved for individuals or households whose income does not exceed 60% of the median income (currently $24,000 for an individual and $27,900 for a family of two). The applicant has volunteered these income requirements for residents. Upon request by the Zoning Adminstrator, the applicant shall submit an affidavit certifying that residents meet the income guidelines. In the event that Federal Homes funds are not used in the development of this project, a minimum of 90% of the units will be reserved for individuals or households whose income does not exceed 60% of the median income (currently $24,400 for an individual and $27,900 for a family of two). The applicant has volunteered these income requirements for residents. Upon request by the Zoning Administrator, the applicant shall submit an affidavit certifying that residents meet the income guidelines. 4. All residential units constructed upon the Property shall be occupied by elderly households whose head, spouse or sole member is 55 years of age or older, handicapped or disabled, in compliance with the Fair Housing Act (42 U.S.C. @@3701-3619 (1977 and Supp. 1994) and applicable regulations promulgated pursuant thereto and the Virginia Fair Housing Law @36-96.1 et seq. Code of Virginia, 1950 as amended. March 10, 1998 33 Item V-K.5. PUBLIC HEARING ITFM # 43348 (Continued) PLANNING These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia on the Tenth of March, Nineteen Hundred and Ninety-Eight. Voting.- 9-0 (By Consent) ('ouncilmembers VotingAye. John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor M@vera E. Oberndorf and Ntinc,i K Parker Council Members Voting Nov. None ('ouncil Members Absent.- Vice Mayor William 1) Sessoms, fr and Lo i.N(i M .@travhorn Al'arch 10, 1998 @f 'Vil-ggi@iEl INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF4523 DATE February 27, 1998 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali DEPT: City Attorney RE: Conditional Zoning Application - Murray Wholesale Drug Corp. and Richard M. Waitzer The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 10, 1998. I have reviewed the subject proffer agreement, dated November 1, 1997, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure PROFFER AGREEMENT THIS AGREEMENT, made as of this 1st day of November, 1997, by and between MURRAY WHOLESALE DRUG CORP., a Virginia Corporation and RICHARD M. WAITZER (collectively the "Grantor") and the CITY of VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). W I T N E S S E T H: WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by conditional rezoning application of the Grantor addressed to the Grantee, so as to change the classification of a 2.9638 Acre Parcel located at 4353 Bonney Road, Virginia Beach, Virginia, owned by the Grantor, from O-1 (Office) to A-36 (Apartments), located in the Kempsville Borough of the City of Virginia Beach, Virginia, said 2.9638± Acre Parcel being more particularly described in the attached Exhibit A (hereinafter the "Property"); WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including multi- family purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at This Agreement Prepared By Edwin S. Waitzer. I the same time to recognize the effects of the change, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-36 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property if developed for a use permitted under the A-36 zoning classification, 2 and hereby covenants and agrees that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title; namely: 1. All residential units constructed upon the Property shall be occupied by elderly households whose head, spouse or sole member is 55 years of age or older, handicapped or disabled, in compliance with the Fair Housing Act (42 U.S.C. @@3601-3619 (1977 and Supp. 1994) and applicable regulations promulgated pursuant thereto and the Virginia Fair Housing Law @36-96.1 et seq. Code of Virginia, 1950 as amended. 2. The Property shall be developed substantially as shown on the Dimensional & Improvement Plan entitled "SILVER HILLS APARTMENTS ", 4353 Bonney Road, dated December 19, 1997 prepared by W. P. Large, Inc. (hereinafter "Site Plan") which Site Plan was exhibited to the Virginia Beach City Council at its Public Hearing held to consider Grantors' application and which is on file in the Planning Department. 3. Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee. All references hereinabove to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance 3 of the City of Virginia Beach, Virginia, in force as of the date of the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suite or proceedings; (2) the failure to meet ail conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. 4 WITNESS the following signatures and seals. MURRAY WHOLESALE DRUG CORP. t - BY- I @ / i / //// /1 @ Richar4 N@?wd:CtYer@ President / I - I I rachara M. Waitzer 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Elaine M. Bryson the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Richard M. Waitzer, President of MURRAY WHOLESALE DRUG CORP., a Virginia Corporation, whose name is signed to the foregoing instrument bearing date as of the lot day of November, 1997, has acknowledged the same before me in my City and State aforesaid. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Elaine M. Bryson, the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Richard M. Waitzer, whose name is signed to the foregoing instrument bearing date as of the lot day of November, 1997, has acknowledged the same before me in my City and State aforesaid. Notary Public My Commission Expires: 6 EXHIBIT A ALL THAT CERTAIN lot, piece or parcel of land known as Parcel One 2.963 acres as shown on Resubdivision of Property of Thurlian Burden located on the South side of Bonney Road at Thalia Creek, Kempsville Borough - Virginia Beach, Virginia, dated November 21, 1988 by W. P. Large, Inc., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach Virginia in Plat Book 195, at page 91. GPIN #1477-82-1768-0000 7 34 Item V-K. 6. PUBLIC HEARING ITEM # 43349 PLANNING Attorney Robert Jones, 2716 Robin Drive, Phone. 486-0333, represented the applicant Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of JUDEO-CHRISTIAN OUTREACH CENTER, INC., for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JUDEO-CHRISTIAN OUTREACH CENTER, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION ZO3981101 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Judeo-Christian Outreach Center, Inc. for a Change of Zoning District Classification from R-7.5 Residential District to B-2 Community Business District on the east side of Riddle Avenue, south of Virginia Beach Boulevard. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive plan recommends use of this parcel for suburban residential/low density at densities that are compatible with single family use in accordance with other Plan policies. Said parcel is located at 1803-1813 Virginia Beach Boulevard and contains .1 acre more or less. I YNNHA VFN BOROUGII The following conditions shall be required: 1. Defer installation of sidewalk, curb and gutter until the City installs the 60" storm drain. If curb and gutter are required after that installation, City Staff will prepare the appropriate Appropriation Ordinance for City Council's consideration. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March, Nineteen Hundred and Ninety-Eight. Voting. 9-0 Council Members Voting A c John A. Baum, Linwood 0. Branch, III, William W, Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Ala.vor Meyera E Oberndorf anil Nati(-i K. I)arker Council Members Voting Nai None Council Members Absent Vice Mayor William D. @essoms, Jr. no Louisa M @tralhorn A4arch 10, 1998 35 Item V-L.1. APPOINTMENTS ITEM # 43350 BY CONSENSUS, City Council RESCHEDULED: FRANCIS LAND HOUSE BOARD OF GOVERNORS PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD Afar(-h 10, 1998 36 CITY COUNCIL CONCERNS 2:28 P.M. ITEM # 43351 Council Lady Henley referenced and complimented the Southern Canal and Lead Ditch Restoration Study received in the Agenda Package. There is an additional problem, of which the City Council is aware, particularly in the Spring, with the "wind tides " in areas. When larger canals are dug, this does not alleviate the problem as it allows more water to come into the area. This problem has become worse. Council Lady Henley wished to thank the Public Works personnel. Without even being called, the staff was installing high water signs. Council Lady Henley inquired if there was something which could be done to review this "wind tide" situation and determine if there are problems which can be corrected. Was it possible that some of the roads could have settled, particularly in the low lying area?. Councilman Baum advised one of the solutions of building the road up is very expensive. There are some places of which he is aware that have just a narrow dip that could be filled. ITEM # 43352 Council Lady Henley complimented the article of John Murphy relative "Suburban Sprawl". The issue is crucial and one which should be monitored. A study had been conducted in 1994 which particularly discussed this decline in suburbs. In the analysis certain census tracts of all the cities in Hampton Roads had been investigated. Virginia Beach had just started to show some decline in certain census tracts. Council Lady Henley hoped the particular neighborhoods which illustrated these declines could be discussed with the budget. If there are census tracts available to tract these declines, it is to the City Council's advantage to be on top of these trends as they are beginning rather than wait several Vears to catch back up. Councilman Baum said none of the people who ever move in here think they are part of the problem, it is the people who come in after them that are the problem. Chesapeake and Suffolk are not going to extend water and sewer and the residents' rural properties are going to decline. This City of Virginia Beach had the strength to establish the ARP program. Mayor Oberndorf advised each afternoon, Public Radio is discussing sustainable growth and what occurs with the Cities As the core begins to decay, and the residents who are displaced by wishing to rehabilitate themselves come to the edge City. Those who reside in that core witness a difference in the quality of life and would certainly welcome any rehabilitation and positive reinforcement. Council Lady Parker advised John Murphy was transferring to THE BALTIMORE SUN. ITEM # 43353 Mayor Oberndorf referenced an article in USA TODAY referencing legislative decisions made by a Mayor and member of City Council were challenged by an individual whose job was terminated. This individual sued the Mayor and Council Member for financial damages. Mayor Oberndorf advised the Supreme Court ruled localities and their elected officials deserved to be protected as State and Federal officials. March 10, 1998 37 Item V-N.1. NEW BUSINESS ITEM # 43352 BY CONSENSUS, City Council RECORDED: ABSTRACT OF LEGAL CASES RESOLVED - FEBRUARY 1998 March 10. 1998 38 Item V-O. ADJOURNMENT ITEM # 43353 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:38 P.M -- @ - 'IV/" - /@ Hooks, CMCIAAE Chief Deputy City Clerk -@C nth o@ges Smit C IAAE Meyer E Oberndorf City Clerk A4a,voi City of Virginia Beach Virginia March 10, 1998