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FEBRUARY 19, 1991
ITEM 1. FCRMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO CRDER Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend William S. Campbell
Aragona Church of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D . ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - February 12, 1991
G. CRDINANCE/RESOLUTION
1. Ordinance authorizing and directing the City Manager to execute a
Lease Agreement re a portion of relocated Great Neck Road under
Long Creek Bridge.
2. Resolution approving, in concept, the proposal of the Virginia
Beach Hotel and 14otel Association re planning, staging and
financing events and programs; and, directing the City Manager to
take necessary measures to comply with requirements for a public
hearing re proposed Increase of one-half of one per cent In the
City transient tax levied pursuant to Section 35-159 ot the City
Code.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the
ordinary course of business by City council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance upon FIRST READING, to APPROPRIATE $300,000 to
Treasurer's FY 1990-1991 operating Budget re implementation of a
new consolidated collections system to be otfset by increased
r even Lies.
2. ordinance to IRANSFER $73,173 from FY 1990-1991 Recycling Reserve
to the Waste Management Division of Public Works re acquiring
equipment and supplies for an enhanced recycling program.
3. Ordinance to authorize a temporary encroachment Into a portion of
the property known as Lynnhaven Drive and Dolphin Road to Five-2
Peers Real Estate Trust (LYNNHAVEN BOROUGH).
4. LOW BIDS:
WILLIAMS CORPORATION independence Boulevard $8,797 461.04
OF VIRGINIA Phase Ill
CIP 2-831
DJW CONS7RL)CTION Beach Restoration and $ 504,500.00
COMPANY, INC. Maintenance 1991
1. UWINISHED BUSINESS
J. NEW BUSINESS
1. COMPREHENSIVE LAND USE PLAN
Robert J. Scott, Director, Planning Department
K. ADJOLRNMENT
2/14/91/gs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virglitia Beacli, Vlrginia
February 19, 1991
Mayor Meyera Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, February
19, 1991, at 2:00 P.M-
Council Members Present:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
Nancy K. Parker (ENTERED: 2:06 P.M.)
INVOCATION: Reverend William S. Campbell
Aragona Church of Christ
PLEDGE OF ALLEGIANCE TO TIJE FLAG OF THE UNITED STATES OF AMERICA
- 2 -
Item I-E.I.
CBITIFICATION OF
EXECLFTIVE SESSION ITEM # 34104
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
3
Item I-F.l.
M I NUTES ITEM 34105
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Counci I APPROVED the Minutes of the INFCRMAL AND FCRMAL SESSIONS of February
12, 1991.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William 0. Sessoms, Jr.
Council Members Voting Nay:
None
Counci I Members Absent:
Harold Heischober and Nancy K. Parker
4
Item I-G.l.a
ORDINANCE/RESOLUTION ITEM 34106
ACCEPTANCE OF BID
Mayor Oberndorf ANNOUNCED the City advertised for bids for lease of a portion
of Great Neck Road Right-of-Way at Long Creek Bridge. The City's Purchasing
Division conducted a BID OPENING at 11:00 A.M. EST this morning, February 19,
1991.
Mayor Oberndorf CALLED FOR ANY FURTHER BIDS.
There being no further offering, the BIDS WERE CLOSED.
Mayor Oberndorf ANNOUNCED only one bid was received:
MARINA SHORES, LTD
$1000 per year.
Mayor Oberndorf presented the BID to the City Manager for Staff review and
recommendation. The City Manager requested that formal action on this matter be
DEFERRED until the City Council Meeting of February 26, 1991, to allow time to
conduct such review.
5
Item I-G.l.b
ORDINANCE/RESOLUTION ITEM 34107
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
DEFERRED until the City Council Session of February 26, 1991:
Ordinance authorizing and directing the City
Manager to execute a Lease Agreement re a portion
of relocated Great Neck Road under Long Creek
Bridge.
This item was DEFERRED to allow City Staff to review and prepare their
recommendations.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
6
Item I-G. 2.
ORDINANCE/RESOLUTION ITEM 34108
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION
Linwood Branch, President - Hotel/Motel Association, presented the
Association's proposal.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution approving, in concept, the proposal of
the Virginia Beach liotel and Motel Association re
planning, staging and financing events and
programs; and, directing the City Manager to take
necessary measures to comply with requirements for
a public hearing re proposed increase of one-half
of one per cent in the City transient tax levied
pursuant to Section 35-159 of the City Code.
The PUBLIC HEARING was SCHEDULED FOR MARCH 5, 1991,
re proposed increase of one-half of one percent in
the City transient tax.
The City Manager will return with recommendations for funding options to
replace the suggestion 35% of the fees collected on Commerical Solid Waste.
The City Manager advised the funds will be derived from the General Fund. The
35% of the fees collected on Commerical Solid Waste set perimeters on the
amount of funds. The City Manager advised the proposal did not include any of
these funds in FY 1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
Vice Mayor Fentress DISCLOSED he is Vice Chairman of Virginia Beach Events
Unlimited, Inc., but is able to participate in the transaction fairly,
objectively, and in the public interest.
1 A RESOLUTION APPROVING, IN CONCEPT, THE
2 PROPOSAL OF THE VIRGINIA BEACH HOTEL AND MOTEL
3 ASSOCIATION FOR THE PLANNING, STAGING AND
4 FINANCING OF EVENTS AND PROGRAMS
5 WHEREAS, the Virginia Beach Hotel and Motel Associatio,
6 has proposed to the City a plan for the planning, staging and
7 financing of events and programs of a festive nature; and
8 WHEREAS, the City Council is of the opinion that such
9 plan is meritorious and in the best interests of the citizens of,
10 and visitors to, the City of virginia Beach;
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13 That the City Council hereby approves, in concept, the plan
14 of the Virginia Beach Hotel and Motel Association.
15 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 That the City Manager be, and hereby is, directed to take the
18 necessary measures to comply with all legal notice and advertising
19 requirements for a public hearing concerning the proposed increase
20 of one-half of one per cent in the City transient tax levied
21 pursuant to Section 35-159 of the City Code, at such earliest time
22 and in such manner as is legally permissible and appropriate.
23 Adopted by the City Council of the City of Virginia Beach,
24 Virginia, on the 19 day of February
1991.
25 CA-91-4121
26 /resol/noncode/plan.res
27 R-2
- 7 -
Item I-H.
CONSENT AGENDA ITEM # 34109
A MOTION was made by Vice Mayor Fentress, seconded by Councilman Sessoms to
APPROVE in ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA.
This MOTION was WITHDRAWN. Each Consent item was considered separately.
8
Item I-H. 1
CONSENT AGENDA ITEM # 34110
John T. Atkinson, City Treasurer, advised separate systems are used for
collecting each type of revenue: real estate taxes, personal property taxes,
vehicle registrations, public utility billings, state income taxes, animal
license fees, parking ticket fees and business licenses. Mr. Atkinson plans to
implement a consolidated collections system, which would allow consolidation
of multiple items on a single statement and the ability to view all of any one
taxpayer's delinquencies to the City.
A Motion was made by Vice Mayor Fentess, seconded by Councilman Sessoms to
APPROVE, upon FIRST READING an Ordinance to APPROPRIATE $300,000 to the
Treasurer's FY 1990-1991 Operating Budget re implementation of a new
consolidated collections system to be offset by increased revenues.
A SUBSTITUTE MOTION was made by Councilwoman Parker, seconded by Councilman
Baum, to DEFER until the FY 1991-1992 OPERATING BUDGET Review Process, an
Ordinance upon FIRST READING to 00,000 to the Treasurer's FY
1990-1991 Operating Budget re implementation of a new consolidated collections
system to be offset by increased revenues.
Voting: 4-6 (MOTION LK)ST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne
and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
9
Item I-H. 1
CONSENT AGENDA ITEM 34110 (Continued)
Upon motion by Vice Mayor Fentess, seconded by Councilman Sessoms, City Council
APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $300,000 to the
Treasurer's FY 1990-1991 Operating Budget re
implementation of a new consolidated collections
system to be offset by increased revenues.
Voting: 7-3
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Louis R. Jones, Paul J.
Lanteigne, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, Reba S. McClanan and Nancy K. Parker
Council Members Absent:
Harold Heischober
1 AN ORDINANCE TO APPROPRIATE $300,000
2 AS PROCEEDS FROM LEASE PURCHASE TO
3 IMPLEMENT A NEW CONSOLIDATED COLLECTIONS
4 SYSTEM FOR THE CITY TREASURER
5 WHEREAS, the Treasurer's office must manually consult a variety of
6 records including both the city's mainframe computer and personal computers to
7 determine what a taxpayer owes the city;
8 WHEREAS, the Treasurer proposed to collect receivables on a taxpayer
9 account basis rather than on a receivable by receivable basis to allow
10 consolidation of multiple items on a single statement to view all of a
11 taxpayer's delinquencies to the city;
12 WHEREAS, a preliminary study by Tidewater Consultants, Inc. has
13 indicated that hardware acquisition and software development needed to iinplement
14 a consolidated collections system will cost approximately $300,000;
15 WHEREAS, a new consolidated collections system can be lease purchased
16 over a five year period with payments of $74,051 each year.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA: That funds in the amount of $300,000 be appropriated
19 to the Treasurer's FY 1990-91 Operating Budget for implementation of a new
20 consolidated collections system with appropriations to be offset by an increase
21 in estimated revenues as proceeds from lease purchase;
22 BE IT FURTHER ORDAINED that the increase in debt service costs for the
23 equipment shall be offset by an increase in revenue through a reduction of
24 uncollected receivables.
25 This ordinance shall be effective on the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
27 day of 1 1991.
February 19, 1991
28 First Reading:
29 Second Reading:
- 10 -
Item I-H.2
CONSENT AGENDA ITEM # 34111
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, requested clarification of
the expenditure of these funds.
Wade Kyle, Administrator - Solid Waste, advised requested funds include the
purchase of 20 profile igloos in the amount of $23,200 for aluminum recycling
along the Boardwalk, aluminum recycling lids for receptacles along the beaches
and recycling containers for Atlantic Avenue. These were thought to be too
large by RAAC. Thus, a new somewhat smaller prototype is being investigated
to determine if these would be beneficial to the Resort Area. These funds
could be less if this prototype was utilized instead of the profile igloos.
Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $73,173 from FY 1990-1991
Recycling Reserve to the Waste Management Division
of Public Works re acquiring equipment and supplies
for an enhanced recycling program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE TO TRANSFER $73,173 WITHIN THE FY 1990-91 OPERATING
2 BUDGET FROM THE FY 1990-91 FOR THE PURPOSE OF ACQUIRING EQUIPMENT
3 AND SUPPLIES TO PROVIDE FOR AN ENHANCED RECYCLING PROGRAM AND OFFICE
4 WHEREAS, a Recycling Program haB been established using existing
5 personnel within the Waste Management Division of Public Works to allow the city
6 to continue moving towards recycling and meeting the State's mandated recycling
7 levels;
8 WHEREAS, additional equipment and supplies, such as microcomputers,
9 recycling containers, and office supplies are needed to provide for the expansion
10 of the recycling program.
11 WHEREAS, there remains suf f icient funds within the recycling reserve
12 established in the FY 1990-91 Operating Budget to transfer $73,173 for the
13 purchase of equipment and supplies.
14 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA that $73,173 be transferred from the FY 1990-91
16 Recycling Reserve to the Waste Management Division of Public Works for the
17 purpose of acquiring equipment and supplies for the expansion of the recycling
18 program.
19 This ordinance shall be effective from the day of its adoption.
20 Adopted on this day February 19 , 1991.
Item 1-H.3
CONSENT AGENDA ITEM # 34112
Upon motion by Vice Mayor Fentress, seconded by Counc-ilman Clyburn, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the property known as Lynnhaven
Drive and Dolphin Road to Five-2 Peers Real Estate
Trust (LYNNHAVEN BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to be come unsightly or a hazard.
4. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Development Services
Center.
5. Prior to issuance of a Highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
James W. Brazier, Jr.
Council Members Absent:
Harold Heischober
Councilman Brazier ABSTAINED as he owns a sailboat and pays for rental on a
boat slip in this Five-2 Peers Real Estate Trust property.
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 RIGHTS-OF-WAY OF LYNNHAVEN
6 DRIVE AND DOLPHIN ROAD TO
7 FIVE-2 PEERS REAL ESTATE
8 TRUST, ITS ASSIGNS AND
9 SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 Five-2 Peers Real Estate Trust, its assigns and successors in title
15 is authorized to construct and maintain a temporary encroachment
16 into the rights-of-way of Lynnhaven Drive and Dolphin Road.
17 That the temporary encroachment herein authorized is for
18 the purpose of constructing and maintaining a chain link fence, 35
19 feet in length, and that said encroachment shall be constructed and
20 maintained in accordance with the City of Virginia Beach Public
21 Works Department's specifications as to size, alignment and
22 location, and further that such temporary encroachment is more
23 particularly described as follows:
24 An area of encroachment into a
25 portion of the City's rights-of-way
26 known as Lynnhaven Drive and Dolphin
27 Road, on the certain plat entitled:
28 "PLAT TO ACCOMPANY ENCROACHMENT
29 PERMIT APPLICATION FOR FIVE 2 PEERS
30 SCALE: 111=10' DATE: JULY 31, 1990,"
31 a copy of which is on file in the
32 Department of Public Works and to
33 which reference is made for a more
34 particular description.
35 PROVIDED, HOWEVER, that the temporary encroachment herein
36 authorized shall terminate upon notice by the City of Virginia
37 Beach to any off icer of Five-2 Peers Real Estate Trust, its assigns
38 and successors in title and that within thirty (30) days after such
39 notice is given, said encroachment shall be removed from the City's
40 rights-of-way of Lynnhaven Drive and Dolphin Road and that Five-2
41 Peers Real Estate Trust, its assigns and successors in title shall
42 bear all costs and expenses of such removal.
43 AND, PROVIDED FURTIIER, that it is expressly understood
44 and agreed that Five-2 Peers Real Estate Trust, its assigns and
45 successors in title shall inderki;.,'-fy and hold harmless the City of
46 Virginia Beach, its agents and amployees from and against all
47 claims, damages, losses and expenses including reasonable
48 attorney's fees in case it shall be necessary to file or defend an
49 action arising out of the location or existence of such
50 encroachment.
51 AND, PROVIDED FURTHER, that the party of the second part
52 agrees to maintain said encroachment so as not to become unsightly
53 or a hazard.
54 AND, PROVIDED FURTHER, that this ordinance shall not be
55 in effect until such time that Five-2 Peers Real Estate Trust
56 executes an agreement with the City of Virginia Beach encompassing
57 the aforementioned provisions.
58 Adopted by the Council of the City of Virginia Beach,
59 Virginia, on the 19 day C)f Februal@ 1 19 91
@PROVED Al TO
CONTENT
DEPARTI,
2
THIS AGREEMENT, made tilis day of
19 IC) , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
muiiicipal corporation, party of the first part, and FIVE-2 PEERS
REAL ESTATE TRUST, ITS ASSIGNS AND SUCCESSORS IN TITLE, party of
the second part.
W I T N E S S E T H:
Tliat, WHEREAS, it is proposed by the party of the
second part to construct and maintain a 35 feet of chain link
fence in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such chain
link fence, it is necessary that the said party of the second
part encroach into a portion of an existing City rights-of-way
known as Lynnhaven Drive and Dolphin Road; and said party of the
second part has requested that the party of the first part grant
a temporary encroachment to facilitate such chain link fence
within a portion of the City's rights-of-way known as Lynnhaven
Drive and Dolphin Road.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), iri 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 rights-of-way known
as Lynnhaven Drive and Dolphin Road for the purpose of
constructing and maintaining such chain link fence.
it is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of virginia and the
city of virginia Beach, and in accordance with the City of
Virginia Beach Public WorkS Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the city's rights-of-way known as Lynnhaven
Drive and Dolphin Road as shown on that
certain plat entitled: "PLAT TO ACCOMPANY
ENCROACHMENT PERMIT APPLICATION FOR FIVE 2
PEERS SCALE: 111=101 date: JULY 31, 1990,11 a
copy of which is attached hereto as Exhibit
"All and to which reference is made for a more
particular description-
It is further expressly understood and agreed that the
temporary encroachmeiit herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within tbirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's rights-of-way known as Lynnhaven Drive and Dolphin Road
by the party of the second part; and that the party of the second
part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
2
or defend an action arising out of the location or existence Of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Three Hundred Thousand
Dollars ($300,000.00).
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
3
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the CitY's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
city shall impose a penalty in the sum of one Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, FIVE-2 PEERS REAL ESTATE TRUST has
caused this Agreement to be executed in its naine on its behalf
by Ivan Joslin, president/trustee, with due authority to bind
said real estate trust. Further, that the City of Virginia Beach
has caused this Agreement to be executed in its name and on its
behalf by its Deputy City Manager and its seal be hereunto
affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
4
AF
CONTENI
TATE TRUST
nt/Trustee
DEPARTMENT Ivan
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the day of 19_, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Conunission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 _, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
my commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, / @ , a Notary Public
in and for the City and State aforesaid, do hereby certify that
Ivan Joslin, President and Trustee of Five-2 Peers Real Estate
Trust, whose name is signed to the foregoing writing, bearing
date the A day of / 119 (,I@M 3 iF@ _, 19'?O, has
acknowledged the same before me in my City and State aforesaid.
Given under MY hand this day of
,A/0 tl@,V 5 19 ')O.
my commission Expires: otary Public
my E7
6
/4 (Tbl C. 14 iA c- tJ
DECLAR T@l OF TRUST
OF
FIVE2PEERS RE L ESTATE TIRUST
We hereby associate to form a real estate trust under the provisions
of Chapter 9, Title 6.1 of the Code of Virginia (1979 Repl. Val.) and
to that end set forth the following:
)(a) The name of the trust is FIVE2PEERS REAL ESTATE TRUST.
'@b) The character of the business to be conducted is to ow'n and
manage certain boat docking real estate for those owners and residents
of hoides in Section 5, Part 2. Lynnbaven Colony, Virginia Beach.
Virgiuia, who choose to become holders of certificates of intereat in
the trust and remain in good statnding @p such capacity-
(c) The location of itB principal offi@ will be at 2508 Pacific
Avenue, P. 0. Box 42, Virginia Beach, Virginia 23458.
(d) The name and addre@ of each of the initial trustees are:
David H. Ximyg, Jr.
3124 Sand Pine Road
Virginia Beach, Virginia 23451
Alfonso J. Strazzullo
3120 Sand Pine Road
Vir ia Beach, Virginia 23451
(e) The terms and conditions and limitations under which certificates
of interest may be issued by the trustees are:
Certificates of interest shall be deemed issued by the trustees
frozo tim to time to those persons owning and residing in a home in
Section 5, Part 2, Lynnhaven Colony who pay their rhare of
assessiments, and otherwise remain in good standing,with the trust in
accord with rules and regulations established by the trustees, or a
imajority of certificates of interest from time to time. Each developed
lot, owner occupied, shall be entitled to one (1) certificate of
interest.
@k-,@tA c3iz- k-3 c
2.
certificates of juterest, in good standiug, shall be deemed
transferred upon the coveyance or transfer of ownetohip of the
resideuce in section 5. Part 2. Lynnhaven Colony tO Owner occupantE3.
(f) The powers and diities of the trustees aud the rights of the
holders of the certificates in interest are:
(1) Trustees hall conduct the business of the tr-t. includ@
@but not limited to, sta shir g-ulat our., 4 as directed
ro,m time to ti- by a maJoritY rs of certificates of
interest qualified to vote.
(2> Each certificate of iuterest shall be entitled to one (1)
vote, provided the holder i@ in goad standing in accord with the rules
and regulations.
(3) Each certificate of interest shall be entitled to u- 0-
(1) boat slip on the trust property.
(g) The teuure of office of the trustees shall be until July 1, each
year, or until their -ce-Ore are elected and qvalify- Trustees of
shall be elected by a "aJOritY vote of the holders of certificates
interest qualified to vote. t is unlimited.
(h) The duration of the trus is declaration of trust maY be
(i) Amendments of and supplements to th
made by a two-thirds (2/3) vote of the holders of certifir-ates Of
interest qualified to vote, and shall be filed of record with the
C;Ierk of the Gil-cuit court for the City Of Virginia Beach as provided
by law.
Dated-. Xarch 5, 1982
Trustee
Trustee
Trustee
EXHIBIT "A" NOT A SUBDIVISION
DOLPHIN ROAD
L40, RIW7
ASPHAL'T FNVEME
LYNNIiAVEN COLONY
5ECTIDri -b
M.B@ 41, PG. 44
Zol 581, \A
o,
R-ZD.OD.
L
.L.W.
HAVIGABLE
CANAL
NOTES:
1. BOUNDARY INFORMATION IS BASED
ON PLAT OF LYNNHAVEN COLONY
SECTION 3 M,B. 41, PG. 44.
> 2. CONTOUR ELEVATIONS BASED ON
N.O.S. M.L.W.
Ll.j
7-
PLAT
TO ACCOMPANY
A,riTER ENCROACHMENT PERMIT
APPLICATION
bh,C.K FOR
FIVE 2 PEERS
SCALE:L 10I DATE: JULY 31,1990
AI.PVAALT PAVE Sur@eys & E.ginee,ing, Lid.
MENT
12,199,000
12.183.000
13AY
CT 1
,vest
LOCATION MAP
- 12 -
Item I-H.4a.
CONSENT AGENDA ITEM # 34113
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council APPROVED:
LOW BID:
WILLIAMS CORPORATION Independence Boulevard $8,797,461.04
OF VIRGINIA Phase III
CIP 2-831
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 13 -
Item I-H.4b.
CONSENT AGENDA ITEM # 34114
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED:
LOW BID:
DJW CONSTRTJCT10N Beach Restoration and $ 504,500.00
COMPANY, INC. Maintenance 1991
Vice Mayor Fentress advised the sand comes from the City borrow pit on Oceana
Boulevard and the Lynnhaven lnlet Sand Stockpile. The clay/sand came from the
Oceana pit last year. Vice Mayor Fentress requested this to be well mixed to
assure quality sand for the Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 14 -
Item I-1. 1
UNFINTSHED BUSINESS
C T T Y C 0 U N C I L C 0 N C E R N S
ITEM # 34115
Councilman Lanteigne requested clarification of the Ordinance to Amend and
Reordain Section 2-20 of the Code of the City of Virginia Beach pertaining to
the Time and Place of Regular Meetings of City Council (ADOPTED February 12,
1991).
This mattter ws discussed among Members of City Council and clarified for
future agendas.
TTEM # 34116
Vice Mayor Fentess requested the following APPOINTMENTS be SCHEDULED for the
City Council Session of February 26, 1991: FRANCIS LAND HOUSE, PLANNING
COUNCIL AND RESORT AREA ADVISORY COUNCIL.
ITEM # 34117
Councilwoman Parker referenced receipt of the Little Island Fishing Pier
Proposal Outline and whether this would be requested for Bid.
The City Manager advised if the City decided to move forward with this
proposal, it would have to be advertised under a franchise arrangement.
ITEM # 34118
Councilwoman Parker referenced a letter from Mr. W. Jennings Griggs concerning
a proposal for off-shore drilling off the mouth of the Chesapeake Bay.
Councilwoman Parker advised many states were forbidding off-shore drilling
because of concerns relative environmental impact.
Mayor Oberndorf advised the City Council, a few years ago, ADOPTED a Resolution
opposing off-shore drilling.
Mayor Oberndorf requested Robert Matthias, Intergovernmental Relations Co-
ordinator, and Clay Bernick, Director of Environmental Management, monitor this
issue.
- 15 -
Item I-I. I
UNFINISHED BUSINESS
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 34119
Councilwoman Parker referenced the proposed ordinance relative Atlantic Avenue
Cruising. The Hotel industry and Retail Merchants Association requested this
item be SCHEDULED for the City Council Session of March 5, 1991.
TTEM # 34120
Counciliuan Clyburn referenced the article in AMERICAN CITY AND COUNTY, page 60
entitled: "Business Booming in Henrico". Their property tax rate has remained
the same for sixteen (16) years. The speedy approach the County undertakes to
expedite building permits and other factors have increased business
development. The cooperative nature of the County toward business has brought a
number of major corporations into that community.
16 -
item I-J.1
NEW BUSINESS ITEM # 34121
COMFREHENSIVE LAND USE PLAN
Robert J. Scott, Director of Planning, advised the City Staff has advertised
consideration of the COMFREHENSIVE PLAN for the City Council Sesqion of March
5, 1991, at 2:00 P.M.
According to State Law, the City Council must, within 90 (ninety) days, (March
12, 1991), APPROVE, AMEND or REFER the COMPREHENSIYE PLAN BACK TO THE PLANNING
COMMISSION FCR FLRTHER REVIEW SPECIFYING CERTAIN TOPICS. However, Mr. Scott
believed it appropriate to consider, for possible action later, other changes
on which Important questlons remain.
Mr. Scott posed a series of ten questions to provide guidance relative Issues
of the CCMPREHENSIVE PLAN. Said questions are hereby made a part of the record.
Counci ]man Baum expressed concern relative the rural areas. The Municipal
Center Complex has made a tremendous difference and is one of the reason5 there
is going to be growth In the area. Councilman Baum believed a transition area
with natural buffers should be considered and not the centerline of a highway
(Indian River Road) as the boundary. Counci Iman Baum requested areas shown be
outlined in different colors reflecting the wooded areas of high land
(government created wetlands) and the true wetlands. Counci ]man Baum bel leved
the decision was whether or not the GREEN LINE should be moved.
Counci Iman Jones could not support the first transitional area with the
recommendation of 90% commercial, industrial and office. Counci Iman Jones said
the first decision was whether or not the transitlonal areas are needed.
Mayor Oberndorf was not comfortable with the transitional areas as suggested.
It is Imprudent for the City to move In any direction unti I the Counci I is
aware of a reliable water source for projected development according to the
existing Comprehensive Plan. The City must continue to be cognizant of this
fact. The Chesapeake Bay Preservation Act does require, after adoption of the
COMPREHENSIVE PLAN, a revision by November 1991 to accommodate other matters
established in the Act. Thi s ental Is identi fication of shorel ine erosion
problerns, conflicts between existing and proposed land uses and water quality
protection as well as protection of ground water supplies. The City Council
requested the City Staff study the Southern Watersheds Management issues and
prepare regulations as appropriate. This would entall additional revision of
the COMPREHENSIVE PLAN. Mayor Oberndorf requested Information concerning
Interest of the Public for Purchase of Development Rights.
Councilman Jones believed the question of a reliable water source needs to be
addressed and Inquired whether development could be restricted until the City
has enough aval I able water to service proposed developments.
Mr. Scott advised, re Conditional Zoning, the proffers run with the land and
not with the property owner who Initiates the proffers. The City Staff needs to
advise the Clty Counci I of the adequacy of the surety to assure the posi ti on of
the City and that new residents are safeguarded.
Vice Mayor Fentress believed Transitional Area B should be Included because of
the existing natural boundaries and Courthouse Estates.
Counci lman Sessoms and Counci lman Lanteigne believed the properties downzoned
need to be addressed. Through the conditional zoning process, services can be
provided In the area south of the (REEN LINE -- not In the traditional way
provided In the area to the north. The issue of golf courses and the water
source problem should be examined. In certain areas ot Florida, golf courses
are uti II zed in an environmental way to act as Stormwater runoff. Best
Management Practices with holding ponds are also used as a wildlife habitat.
The concept of Transfer of Development Rights should be discussed. This was not
approved by the General Assembly but is Included in the PLAN; however, City
Council needs to determine whether this issue should remain in the PLAN.
- 17 -
Item I-J.1
NEW BUSINESS ITEM # 34121 (Continued)
COP4FREHENSIVE LAND USE PLAN
Mr. Scott suggested the rules for residential development In transition area A
can be amended to provide for a much lower density but allow for increases,
vhere there is an appropriate association with some particular use. This
verbiage will be DRAFTED for City Council's consideration.
Councilwoman McClanan advised the Conditional Zoning does not provide the City
with all the tools that make the property acceptable. The LAKE RIDGE ASSOCIATES
CONDITIONAL ZONING application should not be considered in discussion of the
transition areas of the C04PREHENSIVE PLAN.
Councilwoman Parker referenced the original proposal of the PLAN (in September)
recommended leaving the GREEN LINE in Its present location. By December, the
transitional area was proposed with 90% commercial, industrial and office.
Councilman BaLn would prefer the downzoned properties on the east side of West
Neck Creek be discussed after consideration of the COMPREHENSIVE PLAN.
Councilwoman McClanan requested lntormation ot the various methods of providing
greater amounts of open space.
Councilman Jones expressed concern relative the tract of land with a density of
nine (9) units per acre off Haygood Road. Councilman Jones requested an
alternative concerning the development of this property.
Vice Mayor Fentress requested the City Staff review the Beach Borough zoning
and address the residential areas concerning RT-3. The RT-3 appears to have
many problems and being long range, there Is no reversing a situation from
coffnercial back to residential or duplex. The City Staff is examining methods
to deal with these issues.
Councilman Lanteigne advised he was pleased with therural Preservation Overlay
District Ordinance and Its revisions. This Ordinance attempts to restore to all
the property owners in the Agricultural Districts basic density rights close to
those applicable prior to May 1989 on a Conditional Use basis rather than by
permitted use.
Councilman Brazier advised If the City continues with its present course of
action in stopping growth in the southern portion, eventually, in order to
compensate, the City will have to overbuild In Bayside and Lynnhaven.
Councilwoman McClanan preferred to continue the type of density in the PLAN at
the present time for the Princess Anne Borough.
With relation to the Blackwater Borough, Councilman Baum was concerned with the
dilemma of a rural area within a City. Councilman Baum believed a transitional
area wouid take sofne of the pressure otf the Southern portion of the City.
Councilman Clyburn advised the residents of the Kempsville Borough are
restless. The type of homes in Virginia Beach are not being provided in this
area for the "middle class citizenry". Councilman Clyburn suggested
development of complexes, cornprised of one or two homes to the acre with golf
courses. Retirement villages could be built in areas of this type. Councilman
Clyburn believed the transitional zone area could be a planning tool for the
future.
- 18 -
Item I-J.1
NEW BUSINESS ITEM # 34121 (Continued)
COMPREHENSIVE LAND USE PLAN
Councilwoman Parker referenced page Ill-BG-13 concerning the Objective of First
Court Road Area. The PLAN recommends acquiring the site between Shore Drive and
Bayville Park West as a public park. The City Council had considered this at
one time. There was also a recornmendation concerning a special Commission to
assist the Planning Commission for review of site plans. Councilwoman Parker
was concerned certain items in the PLAN might be missed in discussion.
A PUBLIC HEARING of the COMPREHENSIVE PLAN has been advertised tor the City
Council Session of February 26, 1991, at 6:00 P.M.
- 19 -
Item I-K. 1
ADJOURNMENT ITEM # 34122
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 5:35 P.M.
Bevei
Chief Deputy City Clerk
ti cmc Mey6ra Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia