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Home My WebLink AboutDECEMBER 5, 1995 MINUTES<>1' Via-gi aia 13etact-I "WORLD'S LARaEST FI£$ORT CITY" CITY COUNCIL MA%OR MEYERA iF' OBERNDOR/' At Large VI( F ~IAYOR WILLIAM D S£S~OMS IR At Large lC)lIN A BAL/M Bl~ kwat~ ~ough LINW~D 0 BRAN(Il Ill V~gm~a ~h ROBFRY K DEAN ~e~ Anne W W HAllSON JR L)vnhaten IIAROID tlEI~HOBER At BARBAR4 M ItLNLEY Pungo ~nugh l()t/IS R ]ONES Brian& ~ough NAN( ~ K P I~ER It LOUIS I ~{ hTRA~ ItORN K~mpstalle J/UWI S Ik SI~)RE Ctt¥ Manage~ 1 1 51 IF I I Ildd ¥ (a) Attorney RItlItlI¢)IX,L%SMIIII (MC LAF Ca,~(It,k CITY COUNCIL AGENDA December 5, 1995 I. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM a. ECONOMIC DEVELOPMENT CONDEMNATION Mr. Leslie L. Lilley, City Attorney AGRICULTURAL RESERVE PROGRAM Mr. William M. Macali, Deputy City Attorney II. AGENDA REVIEW SESSION - Conference Room - a. B. REVIEW OF AGENDA ITEMS CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2 - O0 PI-I A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION- . The Reverend John Burley Galilee 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 November 28, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H· CONSENT AGENDA The Consent .dgenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PUBLIC HEARINGS 2'00. PM i . PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF VIRGINIA BEACH RE: a. ELECTED SCHOOL BOARD b. OFFICE OF HIGH CONSTABLE 2. CITY'S 1996 LEGISLATIVE PACKAGE J. RESOLUTIONS i . · Resolutions to request the General Assembly AMEND certain sections of the City of Virginia Beach Charter: a. Section 16.04 - Election of School Board ADD: b. New Section 20.03 - High Constable Resolution re City's 1996 Legislative Package and to request the General Assembly Delegation's support in the 1996 General Assembly. K. ORDINANCES i . · · Ordinance to AMEND the City Code by DELETING Section 21-123 which requires tail gates be raised or closed whenever a vehicle is being operated· Ordinance to approve a Cooperative Agreement among the cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach re creation and operation of the South Hampton Roads Disability Services Board; and, to authorize the City Manager to execute the agreement· Ordinance to ACCEPT and APPROPRIATE a $45,533 Grant from the U. S. Department of Justice to the Virginia Beach Police Department's 1995-1996 Operating Budget re incentives for law enforcement agencies and reimbursing the appropriate salary accounts; and, estimated revenue from the federal government be increased accordingly. . . Ordinance appointing viewers in the petition of R. LEWIS BOGGS for the closure, discontinuance and relocation beginning at a point in the Western right-of-way of a portion of Baltic As~l~opposite 30th Street and approximately 300 feet South of the Southern right-of-way line of Laskin Road for Ellis Development, Inc. (VIRGINIA BEACH BOROUGH). Ordinance to Charge-Off delinquent accounts of the Departments of Public Utilities, Public Works, Police, Mental Health, Planning and Development Services totaling $364,635.09. L. PUBLIC HEARING - PLANNING 3:OO PM PLANNING BY CONSENT - To b~ determined during the Agenda Review Session. I . Application of OIL EQUIPMENT PROPERTIES for a Modification to the Green Run Land Use Plan to allow a ~ on the North side of Lynnhaven Parkway, 400 feet East of Windmill Point Crescent, containing 1.33854 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL . Ordinance in the petition of BECO CONSTRUCTION, INC., for the discontinuanoe~ closure and abandoDment of a portion of excess right-of-way as shown on the plat entitled "Excess Right-Of- Way Adjacent to Little Neck Road to be Closed for Beco Construction" on file in the Planning Department, containing 1859 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL . Application of FIRST ASSEMBLY OF GOD CHURCH for a Conditional Use Permit for a church at the Northeast corner of North Great Neck Road and Old Donation Parkway (1000 North Great Neck Road), containing 18.77 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL . Application of C & C DEVELOPMENT, L.L.C., for a Change of Zonina District Classification from PD-H2 Planned Unit Development District to B-1 Neighborhood Business District at the Northeast corner of Independence Boulevard and Round Hill Drive, containing 5.4 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT fl fl * fl * fl fl fl * 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) ll/30/95/BAP AGENDA\ 12-05-95. PLN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: November 28, 1995 B R C H R P E A PAGE. 1 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N I BRIEFINGS A LAKE TRASHMORE WATER QUALITY John W Herzke SAMPUNG City Engineer B MOUNT TRASHMORE DISTRICT PARK Su~an D RENOVATIONS Walston D~r Parks/ C INTERIM FINANCIAL REPORT Patncla A Phelps Ehr F,nance II/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 9-0 Y Y Y Y Y Y Y A Y Y A IV/E SESSION F MINUTES APPROVED 9-0 Y Y Y Y Y Y Y A Y Y A 1 INFORMAL/FORMAL SESSIONS 14 November 1995 2 SPECIAL FORMAL SESSION 21 November 1995 G/H/I PRESENTATION 1 CONVEYANCE OF DeWlTT PROPERTY C Mac Rawls TO THE CITY D~r Virginia Marine Science Deed presented to Vice Mayor m behalf Museum of C~ty Council J PUBLIC HEARING. I PROPOSED SITE FOR SOCIAL SCHEDULED SERVICES/HEALTH DEPARTMENT for BUILDING 12/12./95 ROSEMONT COMMERCE PARK K/1 Ordinance to ACCEPT/APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y $5,000 to Pohce Department from DMV re BY CONSENT I:~cycle programs 2 Ordlr~nce to ,~.~thorize temporary ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y encroachment into porbon of City property BY CONSENT known as Lake Joyce to Nathan/Deborah H Segal re boat lift/catwalk Into the lake 3 Ordinance to authonze temporary ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y encroachment into porbon of r-o-w of BY CONSENT VIk,ng Drive to Milcom Systems Corp re placement of buried cable 4 Ordinance to authorize contract on behalf ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y of C~ty w~th Barker CampbeiVFarley re BY CONSENT adverbsing/publ~c relations 5 Ordinance to grant Virgmm Electrm/Power Received BKt/ 9-0 Y Y Y Y Y Y A A Y Y Y Company right/prrvilege to use/occupy accepted check/ B streets/alleys/other pubhc places for ADOPTED S supplylng/d~str~bubng/transmit'ung/selling Ordinance T ek~tr~c current and to construe/maintain/ A operate poles/wires/cables/condu~t s/other I famishes N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: November 28, 1995 B R C H R P E A PAGE: 2 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N I II 6 Tax Refunds $1,693.34 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y BY CONSENT 7 Ucense Refunds $14,510 58 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y BY CONSENT L/1 MOUNT BETHEL BAPTIST CHURCH APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y CUP' church at 4~36 Ir~l~n River Road CONDITIONED (KEMPSVILLE BOROUGH) BY CONSENT 2 KYLER S ESC,,ALERA CUP' motor DENIED 10-0 Y Y Y Y Y Y Y A Y Y Y veh~e sales at 1786-1788 Virgsma Beach Boulevard (LYNNHAVEN BOROUGH) 3 M E COX CENTER FOR ELDER DAY APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y HEALTH CARE CUP: day care center for CONDITIONED the elderly at 644 North Lynnhaven Road BY CONSENT (LYNNHAVEN BOROUGH) 4 CREEDS RURITAJ~I CLUB at APPROVED 9-0 Y Y Y Y Y Y Y A Y A Y 1057 Princess Anne Read AS B (PUNGO BOROUGH)' PROFFERED/ S CONDITIONED T a Cono3tmnal COZ from AG-1 to 0-2 A I b Conditional COZ from AG-2 to 0-2 N E c CUP' private club/lodge/social center/ D ~.~,~moeynary estab#shment/athletic club 5 CENTEX REAL ESTATE CORP COZ APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y from B-2 to R-15 at 1724 Sandbridge Road (PRINCESS ANNE BOROUGH) 6 NANCY/ELZIE Ai..BERTSON COZ from APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y R-40 to R-20 at 573 Ingram Road BY CONSENT (LYNNHAVEN BOROUGH) 7 CITY. a AMEND CZO B-3A Pembroke Central APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y Bu~ness Core Zoning District-- Sec 102(a)' establish B-3A D~strict Sec 111: deli~lons 'Outdoor Cafe"/ Sec 203 parking requirements Article 2/,N::)D Sec 233.01/239 01/239 02 re cond~onal use permit requirements for multi-family dwellings/outdoor cafes/outdoor plazas Sec 930/901/902/933/934/905 re d~mens~onal requlrement~screen lng/ bufler~3./he~ght/s~gn regulations AMEND Sec 5.6 of Subd~v~4on Regulabons re wider sKlewalk mdths b Floodplain Regulars DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y 30 DAYS REPEAL ArtJcle 12/AMEND Sec 238 (01/09/96) (1)(b)/240(a) of CZO FOR FURTHER STAFF REVIEW AMEND Sec= 5B of Site Plan Ordinance ADD Sec 6 l(m) to Subdivision Ordinance ' I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: November 28, 1995 B R C H R P E A PAGE: 3 R R H E J N A S Y B A D I O N O D R S H ^ N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N , II I I I I I I I I I M APPO! NTMENTS' APPOINTED 9-0 Y Y Y Y Y Y Y A Y Y A SOUTHEASTERN VIRGINIA AREAWlDE MODEL PROGRAM - SE'VAMP Jud~J~ K Connors 4 Year Terms 01/01/96 - Cornell Fuller 12/31/99 TRANSPORTATION SAFETY APPOINTED 9-0 Y Y Y Y Y Y Y COMMISSION John E Babb 3 Year Terms 11/01/95 - Robert K Gey 10/31/98 Herman R Campbell Unexpired thru 10/31/97 Thomas Holland Unexpired thru 10/31/96 N/1 REFERENDUM BALLOT QUESTION ADDED B Y C O N S E N S U S Resolution ADD- Resolutmn requesting C~rcult Court order ADOPTED 7-2 Y Y N Y Y Y Y ON Advisory Referendum en question' "Whether me~hod of electIng Councllmembers who represent residence d~strK=ts should be changed" ADD- HJR 636 re Optmrts for Funding PublIc TO BE B Y C O N S E N S U S ON Transportation SCHEDULED NO LATER THAN 12/19/95 O/1 ABSTRACT OF VOTES -- 7 November TO BE B Y C O N S E N S U S 1995 General Electron RECORDED ADD- December Council Sessions DETERMINED 9-0 Y Y Y Y Y Y Y A Y Y A ON Sessions to be held December 5 12 19 at 2PM P ADJOURNMENT 9 18 PM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 5, 1995 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, December 5, 1995, at 11:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf,, Nancy tC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: William W. Harrison, Jr. [ENTERED: 11: 30 A.M.] Louis R. Jones [OUT OF CI1Y: FAMILY VACATION] Louisa M. Strayhorn [ENTERED: 11:18 A.M.] CITY MANAGER'S BRIEFING ECONOMIC DEVELOPMENT CONDEMNATION 11:00 A.M. ITEM tt 40094 The City Attorney distributed information relative Condemnation for Economic Development. Mr. Lilley, with the utilization of overheads, displayed information relative the Proposed State Statute. There have been three versions prepared, all of which: 1. Limit the owner to economic development projects in defined . Require a public planning process, £e, incorporation of an economic development project into the City's Comprehensive Land Use Plan. 3. Provide relocation assistance for any person or business affected by condemnation proceedings. 4. Prohibit condemnation for the sole benefit of a private person or entity. 5. Prohibit exercise of "quick-take" authority. Differences between the proposals: Proposal I Allows exercise of the authority: a, For economic development projects of at least five (5) acres where there is a growing or total lack of property utilization caused by the condition of land titles or layout resulting in the stagnant and unproductive condition of land; or b. For economic development projects of at least twenty-five (25) acres suitable for development of an industrial park. Proposal I1 Allows exercise of the authority for economic development projects of at least twenty-five (25) acres where there is a growing or total lack of proper utilization caused by the condition of land titles or layout and dilapidated and substandard housing and inadequate sanita~. _facilities resulting in the stagnant and unproductive condition of land. Proposal III Allows exercise of the authority for economic development projects of at least twenty-five (25) acres in a blighted area where there is a growing or total lack of property utilization caused by the condition of land titles or layout and dilapidated and substandard housing and inadequate sanitary facilities resulting in the stagnant and unproductive condition of Requires a supermajority of Council to approve (8 votes). -3- CITY MANAGER'S BRIEFING ECONOMIC DEI~ELOPMENT CONDEMNATION ITEM # 40094 (Continued) Jim Lawson, Real Estate, advised he will present his report relative Burton Station on December Twelfth. However, Mr. Lawson cited preliminary figures: The City is attempting to acquire 85 parcels in the Burton Station Subdivision. The City has been successful thus far is purchasing 27 parcels. Sixteen (16) parcels are relocation of either owner occupied or tenant-occupied dwellings. Approximately $8 parcels are remaining. A total of $2,081,369 has been expended in acquisitions. $1,274,022 Acquisition $ 734,107 Relocation $ 73,240 Matching appraisals on each property. Council Members suggested verbiage be incorporated so that 51% of a neighborhood (the majority) agree to the condemnation as in sewer and water projects. The City Attorney advised if this requirement is instilled within the Condemnation power, City Council must strictly adhere to same. The City must prove these are definitely 51% of the owners. The City Attorney will further AMEND the proposed Ordinance relating to Condemnation for Economic Development. This item will be SCHEDULED for a WORKSHOP during the City Council Session of December 12, 1995. December 5, 1995 -4- CITY MANAGER'S BRIEFING AGRICULTURAL RESERFE PROGRAM 12:08 P.M. ITEM tt 40095 Assistant City Attorney William Macali advised the Ordinance establishing the Agricultural Reserve Program was ADOPTED May 1995 and the funding source was approved. PROGRAM IMPLEMENTATION 1. Financing mechanism determined. a. Installment Purchase Agreement. Basic terms are: City purchases perpetual easement prohibiting all uses except agricultural activities. City pays interest only on purchase price for 25 years. Interest rate is prevailing rate on treasury bonds, subject to a Principal funded by purchase of zero coupon bonds; interest payments made out of a portion of yearly appropriations. City's full faith and credit pledged; obligation is not subject to appropriation. 2. Bond counsel and financial advisor retained. Program documents prepared (i.e. forms for installment purchase agreement, easemeng ordinance approving purchase, disclosure statemeng offer letter, etc.) (City Council will be asked for its approval of program documents on December 19, 1995. Documents will be sent out in Council package on December 8) 4. "Dry-run" appraisals performed by two different appraisers. Purpose was to determine approximate range of values and to ascertain variations between appraisers on farms having similar characteristics. Results of appraisals will not be made public; for City use exclusively. 5. Procedure established for processing of applications. December 5, 1995 -5- CITY MANAGER'S BRIEFING AGRICULTURAL RESERVE PROGRAM 12:08 P34. ITEM # 40095 (Continued) SCHEDULE TO FIRST CLOSING (DATES APPROXIMA~) December 6 - December 15 December 12 December 19 December 20 Application forms completed and notice of availability circulated through Farm Bureau, Ruritan Club, other means. RFPs out for survey work, title search/insurance, enviornmental site assessments. City Council briefed on program documents; resolution approving documents adopted. Special meeting of Agricultural Advisory Commission to hand out application forms and provide additional information to public. December 20 Package to rating agencies. December 29 Receive responses to RFPs and award contracts. January 2 January 8 January 8- January 15 January 23 January 23 - February 7 February 7 III Receive first applications; determine ranking. Special meeting of ,4gricultural Advisory Commission to confirm ranking. Negotiations with applicants. City Council approval of purchase(s) (subject to survey, site assessment, clear title, etc.) Preparation for closing(s) (includes title search, environmental site assessment, survey, order zeros, etc.) Closing(s); recordation of easements. I I I Louis Cullipher, Director of Agriculture, displayed the matrix illustrating the procedure in processing the applications. The Seller is primarily responsible for completing the application, which is then reviewed for eligibility by the Department of Agriculture. The Department of Planning will be primarily responsible for determining whether subdivided by right or a Conditional Use applied for. The farmland ranldng system is by the Department of Agriculture, which is then approved by the Agricultural Advisory Commission. The distribution of the farmland ranldng system points is the responsibility of the Agricultural Advisory Commission. The distribution of the report of action to the City Manager is the primary responsibility of the Agricultural Advisory Commission. The value of the development rights is determined by Public Works~Real Estate. The seller is given written offer to purchase the development rights conditioned upon clear title, etc. This is the responsibility of the City Manager. Once the seller and the City Manager have agreed, then the Certification of Funds available is by the Department of Finance. The title search, environment assessment and survey are the City Attorney's responsibility. The purchase of the Zero Coupons is by the Department of Finance. The City Council must approve the installment/purchase agreement. The acquisition of the easement is by the City Attorney. The final title check and recordation of easements is by the City Attorney. Notation of easement made on the official zoning map is by the Department of Planning. The Paying Agent and Registrar are notified by the Department of Finance. The Department of Agriculture will be responsible for notifying the City Assessor of every transaction. December 5, 1995 -6- CITY MANAGER'S BRIEFING AGRICULTURAL RESERVE PROGRAM 12:08 P34. ITEM # 40095 (Continued) Patricia Phillips, Director of Finance, advised there is $3-1/2-MILLION in the CIP Account, plus there is a special Revenue Fund established to handle some of the administrative costs. The Yield is 6.28% as of yesterday, December 4, 1995, on Zero Coupon Treasury Bonds. A 6.58% yield was assumed for purposes of calculations. The City could purchase $15-MILLION worth of Treasury Bonds at a cost of $2.9-MILLION to $3-MILLION. The maximum amount that could be supported would be approximately $57-MILLION in this debt. Even though the installment purchase debt is not subject to either Charter or Voter approval constraints, it will still be part of the Economic Debt. First Union has been selected as the Paying Agent and Registrar. The Department of Finance will request City Council on December 12, 1995, to formally approve a slight modification to the existing Debt Management Policy. BY CONSENSUS, City Council AUTHORIZED City Staff to proceed with issuing of applications. December 5, 1995 -7- AGENDA REVIEW 12:50 P.M. SESION ITEM # 40096 Councilman Dean referenced: J. RESOLUTIONS 1. Resolutions to request the General Assembly AMEND certain sections of the City of Virginia Beach Charter: a. Section 16.04 - Election of School Board b. New Section 20.03 - High Constable Councilman Dean advised relative the High Constable section, there will be an Addendum to the Sheriffs title, which will allow the City to recoup fees for services rendered. The funds will come back to the General Fund. The City Attorney advised the High Constable Section has been revised to assure clarity by stating: "The High Constable shah serve or execute all processes issued by the General District and Juvenile and Domestic Relations District Courts including, but not limited to, all attachments, notices, orders, subpoenas, summonses, warrants and writs." ITEM # 40097 Vice Mayor Sessoms referenced'. J. 2. Resolution re City's 1996 Legislative Package and to request the General Assembly Delegation's support in the 1996 General Assembly. The section relative Economic Development Condemnation will be DEFERRED for further amendment. ITEM # 40098 Councilman Dean referenced: K2 Ordinance to AMEND the City Code by DELETING Section 21-123 which requires tail gates be raised or closed whenever a vehicle is being operated. Councilman Dean had received a complaint from a citizen relative this Section. After conferring with the City Attorney, it was determined that this section was not necessary. December 5, 1995 -8- AGENDA RE VIEW SESION ITEM # 4O099 Councilman Dean had inquiries relative funding: IC2 Ordinance to approve a Cooperative Agreement among the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach re creation and operation of the South Hampton Roads Disability Services Board; and, to authorize the City Manager to execute the agreement. David Grochmai, Director of General Services, advised there was no local funding involved. State Funding was received this year. The Ordinance allows for localities to appropriate funds, if they choose to be distributed by this Board, but it does not require same. The Board cannot obligate any individual locality on the Board. ITEM # 4O100 Councilman Dean reference& K5 Ordinance to Charge-Off delinquent accounts of the Departments of Public Utilities, Public Works, Police, Mental Health, Planning and Development Services totaling $364,635.09. Patricia Phillips, Director of Finance, advised the Delinquent Accounts in the amount of $$64,655.09 will not stay on the books as a collectible. Many times these individuals have moved or become bankrupt. The charge-off amount of water and sewer maintenance bills of $327,675.80 is approximately .6 of 1% of the operating revenue for the 1991 Fiscal Year. Mrs. Phillips further advised the $10,439.03 uncollectible under Waste Management/Refuse are billings assessed for special services, which have been uncollectible either because of time or the firms have gone out of business. These items are several years old. Mrs. Phillips will provide additional detail. ITEM # 4O1O1 BY CONSENSUS of City Counci~ the following items shall compose the CONSENT AGENDA: RESOLUTION~ORDINANCES J.l Resolutions to request the General Assembly AMEND certain sections of the City of Virginia Beach Charter: a. Section 16.04 - Election of School Board b. New Section 20.03 - High Constable (As Revised) J. 2. Resolution re City's 1996 Legislative Package and to request the General Assembly Delegation 's support in the 1996 General Assembly, deleting Economic Development Condemnation. December 5, 1995 -9- AGENDA REVIEW SESION ITEM # 40101 (Continued) lC. 1 Ordinance to AMEND the City Code by DELETING Section 21-123 which requires tail gates be raised or closed whenever a vehicle is being operated. IC2 Ordinance to approve a Cooperative Agreement among the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach re creation and operation of the South Hampton Roads Disability Services Board; and, to authorize the City Manager to execute the agreement. K3 Ordinance to ACCEPT and APPROPRIATE a $45,533 Grant from the U. S. Department of Justice to the Virginia Beach Police Department's 1995-1996 Operating Budget re incentives for law enforcement agencies and reimbursing the appropriate salary accounts; and, estimated revenue from the federal government be increased accordingly. Ordinance appointing viewers in the petition of R. LEWIS BOGGS for the closure, discontinuance and relocation beginning at a point in the Western right-of-way of a portion of Baltic Avenue opposite 30th Street and approximately 300 feet South of the Southern right-of-way line of Laskin Road for Ellis Development, Inc. (VIRGINIA BEACH BOROUGH). K5 Ordinance to Charge-Off delinquent accounts of the Departments of Public Utilities, Public Works, Police, Mental Healti~ Planning and Development Services totaling $364,635.09. December 5, 1995 - 10 - AGENDA RE VIEW SESION ITEM # 40102 Councilman Dean referenced: L. 1 Application of OIL EQUIPMENT PROPERTIES for a Modi_ficatiort to the Green Run Land Use Plan to allow a car wash on the North side of Lynnhaven Parkway, 400 feet East of Windmill Point Crescent, containing 1.33854 acres (PRINCESS ANNE BOROUGH). This item will be discussed during the Formal Session. ITEM # 40103 Council Lady Strayhorn advised this item will be discussed during the Formal Session: L. 4 Application of C & C DEVELOPMENT, L.L.C., for a Change of Zoning District Classification from PD-H2 Planned Unit Development District to B-1 Neighborhood Business District at the Northeast corner of Independence Boulevard and Round Hill Drive, containing 5.4 acres (KEMPSVILLE BOROUGH). ITEM # 40104 BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT AGENDA: L. 2 Ordinance in the petition of BECO CONSTRUCTION, INC., for the discontinuance, closure and abandonment of a portion of excess right-of-way as shown on the plat entitled "Excess Right-Of-Way Adjacent to Little Neck Road to be Closed for Beco Construction" on file in the Planning Department, containing 1859 square feet (LYNNHAVEN BOROUGH). L.3 Application of FIRST ASSEMBLY OF GOD CHURCH for a Conditional Use Permit for a church at the Northeast corner of North Great Neck Road and Old Donation Parkway (1000 North Great Neck Road), containing 18.77 acres (LYNNHAVEN BOROUGH). December 5, 1995 - 11 - CITY COUNCIL CONCERNS ITEM # 40105 Council Lady Henley had advised during the City Council Session of November 28, 1995, the General Assembly Joint Subcommittee would be meeting re HJR 656 (dedicated funding source for transit) on December 27, 1995. However, this meeting has been RESCHEDULED for December 19, 1995. ITEM # 40106 Vice Mayor Sessoms advised the Beach Health Clinic is mainly taking over the services of the Health Department. At a Beach Health Clinic Board Meeting this morning, it was suggested Vice Mayor Sessoms meet with Dr. Brickell at EVMS to see if they could provide a clinic once a week through the Beach Health Center. The City is still sending $464,000 to EVMS. BY CONSENSUS of City Counci~ the Vice Mayor will move forward with this request. ITEM # 40107 Councilman Harrison expressed concern relative decision of the Social Services BUILDING site. The City Manager advised another presentation relative the Social Services Building location will be SCHEDULED for December 12, 1995, and a document will be SCHEDULED for December 19, 1995. ITEM # 40108 Mayor Oberndorf referenced the invitation from Dr. Harrison Wilson - Norfolk State University for a BRIEFING and tour of the campus. Mayor Oberndorf will request Dr. Wilson to SCHEDULE same for Monday, December 18, 1995, from 9:00 A.M. to 11:00,4.M. Dr. Harrison wishes to play a major role in the ODU/NSU GRADUATE CENTER. December 5, 1995 - 12 - ITEM # 40109 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 5, 1995, at 1:05 P.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, Robert K~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy If. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members ,4bsent: Louis R~ Jones December 5, 1995 - 13 - IYEM # 40110 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIV~ SESSION, pursuant to Section 21-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MA~E~; Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Agriculture Advisory Commission Chesapeake Bay Preservation Area Board Community Services Board Francis Land House Board of Governors Pendleton Project Management Board Planning Commission Resort Area Advisory Commission Virginia Beach Community Development Corporation PUBLICLY-HELD PROPERTY: Discussion or consideration of the con&'tion, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Virginia Beach Borough - Dome Site. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis I~ Jones December 5, 1995 - 14 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL December $, 1995 2:00 P3/I. 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, December 5, 1995, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert I(. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Louis R. Jones [OUT OF CITY - FAMILY VACATION} INVOCATION: Reverend John Burley Galilee Episcopal Church PLEDGE OF AIJ, F, GIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest'; as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. December 5, 1995 - 15 - CERTIFICATION OF EXECUTIVE SESSION ITEM it 4O111 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones December 5, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHERF..AS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40110 Page No. 13 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters 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. P~u~ Hodges ~'mith, CMC/AAE City Clerk December 5, 1995 - 16 - Item IV- F. 1. MINUTES ITEM # 40112 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of November 28, 1995. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr, and Louisa M. Strayhorn Council Members l/oting Nay: None Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: Louis 1~ Jones Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of November 28, 1995. December 5, 1995 -17- Item ADOPT AGENDA FOR FORMAL SESSION ITEM It 40113 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council City Council ADOPTED: AGENDA FOR THE FORMAL SESSION AND, ADDED: APPOINTMENTS Francis Land House Board of Governors Pendleton Project Management Board Resort Area Advisory Commission Virginia Beach Community Development Corporation Volunteer Council Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis 1~ Jones December 5, 1995 - 18 - Item B/-L I. ITEM # 40114 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF VIRGINIA BEACH RE: ELECTED SCHOOL BOARD OFFICE OF HIGH CONSTABLE The following spoke relative the School Board: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 The following spoke relative the Office of High Constable: Sheriff Frank Drew There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 5, 1995 - 19 - ITEM # 40115 Mayor Oberndorf DECLARED A PUBLIC HE,4RING: CITY'S 1996 LEGISLATIVE PACKAGE The following registered to speak: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, expressed concern relative condemnation and the bulkhead issues. E. George Minns, President - NAACP, 5809 Roxbury Place, Phone: 499-9569, expressed concern relative economic development condemnation. Sheriff Frank Drew, spoke relative the Juvenile Facility. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 5, 1995 - 20 - Item IV-J. CONSENT AGENDA ITEM It 4O116 RESOLUTIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED in one motion Resolutions, 1 a.b. and 2 of the CONSENT AGENDA. Item lb was ADOPTED, AS REVISED. Item 2 was ADOPTED with Section 371. The Condemnation Authority for the Purpose of Economic Development DEFERRED. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William l~. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessotns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: ~[one Council Members Absent: Louis R~ Jones December 5, 1995 Item lV-J. La/b. CONSENT AGENDA RESOLUTIONS ITEM # 40117 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Resolutions to request the General Assembly AMEND certain sections of the City of Virginia Beach Charter: A. Section 16.04 - Election of School Board B. ADOPTED, AS REVISED New Section 20.03 - High Constable Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert 3L Dean, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members l/'oting Nay: None Council Members Absent: Louis R. Jones December 5, 1995 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO AMEND THE CITY CHARTER BY PROVIDING THAT SCHOOL BOARD MEMBERS SHALL BE ELECTED IN THE SAME MANNER, AND ACCORDING TO THE SAME SCHEDULE, THAT COUNCILMEMBERS ARE ELECTED 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 WHEREAS, the City of Virginia Beach desires the General Assembly to amend the City's Charter; WHEREAS, § 15.1-835 of the Code of Virginia provides that "[i]n lieu of the election [referendum] provided for in § 15.1-834, a county or municipal corporation desiring the General Assembly... to amend its existing charter may hold a public hearing with respect thereto, at which citizens shall have an opportunity to be heard to determine if the citizens of the county or municipal corporation desire that the county or municipal corporation request the General Assembly...to amend its existing charter"-, WHEREAS, pursuant to the provisions of § 15.1-835, the City of Virginia Beach advertised a notice of public hearing and an informative summary of the proposed Charter amendment at least ten days prior to the scheduled public hearing; WHEREAS, the aforementioned public hearing was held on December 5, 1995; and WHEREAS, based on the comments received from citizens at the public hearing, City Council desires to proceed with requesting the General Assembly to amend the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to § 15.1-835 of the Code of Virginia, the General Assembly is hereby requested to introduce a bill in its 1996 Session to amend the City's Charter in the manner provided in the "Proposed Amendment to the Charter of the City of Virginia Beach" which is attached hereto as Exhibit A, and is hereby incorporated by reference. 33 34 35 36 37 38 39 40 41 BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit (1) the publisher's affidavit showing that a notice of public hearing and informative summary were duly advertised as required by § 15.1- 835 of the Code of Virginia; (2) certification that the advertised public hearing was held at the Council's regularly-scheduled meeting on December 5, 1995; and (3) a certified copy of this Resolution, to one or more members of the City's local delegation to the General Assembly. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1995. 44 45 46 47 CA-6136 ORDIN\NONCODE \ SCHBD . RES R-2 PREPARED: 11/20 / 95 48 49 50 51 APPROVED AS TO LEGAL SUFFICIENCY E~5~__IBIT A PROPOSED AMENDMENT TO S 16.04 OF THE CITY CHARTER PERTAINING TO ELECTION OF THE SCHOOL BOARD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Sec. 16.04. Election of the board. A. At the general election held in May of 1994, the qualified voters of the city shall elect one board member from each of the boroughs of Bayside, Kempsville, Lynnhaven, and Pungo for terms of four years, and two at-large members for terms of four years. At the general election held in May of 1996, the qualified voters of the city shall elect one board member from each of the boroughs of Blackwater, Princess Anne, and Virginia Beach for terms of four two years, and two at-large members for terms of four years. Beginning with the general election held in May of 1998, all board members shall be elected i2 the same manner, and according to the same schedule, that counQilmembers are elected. Thereafter, all board members shall be elected for terms of four yours. Beginning in 1998, and every two years thereafter, there shall be a general election in May for the election of board members to replace those whose terms expire at the end of June of a given election year. The term of office for each elected board member shall commence on the first day of July next following the date of election and shall continue until a successor has been duly elected and qualified. Each candidate shall state at the time of filing whether he is running at large or from the borough of his residence. B. Each of the eleven elected board members shall be elected by the voters of the city at large. A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO AMEND THE CITY CHARTER BY ADDING A NEW SECTION PROVIDING FOR THE APPOINTMENT OF A HIGH CONSTABLE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the City of Virginia Beach desires the General Assembly to amend the City's Charter; WHEREAS, § 15.1-835 of the Code of Virginia provides that "[i]n lieu of the election [referendum] provided for in § 15.1-834, a county or municipal corporation desiring the General Assembly... to amend its existing charter may hold a public hearing with respect thereto, at which citizens shall have an opportunity to be heard to determine if the citizens of the county or municipal corporation desire that the county or municipal corporation request the General Assembly...to amend its existing charter"; WHEREAS, pursuant to the provisions of § 15.1-835, the City of Virginia Beach advertised a notice of public hearing and an informative summary of the proposed Charter amendment at least ten days prior to the scheduled public hearing; WHEREAS, the aforementioned public hearing was held on December 5, 1995; and WHEREAS, based on the comments received from citizens at the public hearing, City Council desires to proceed with requesting the General Assembly to amend the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to § 15.1-835 of the Code of Virginia, the General Assembly is hereby requested to introduce a bill in its 1996 Session to amend the Virginia Beach City Charter in the manner provided in the "Proposed Amendment to the Charter of the City of Virginia Beach" which is attached hereto as Exhibit A, and is hereby incorporated by reference. 32 33 34 35 36 37 38 39 40 41 42 BE IT FURTHER RESOLVED: That the city Clerk is hereby directed to transmit (1) the publisher's affidavit showing that a notice of public hearing and informative summary were duly advertised as required by § 15.1- 835 of the Code of Virginia; (2) certification that the advertised public hearing was held at the Council's regularly-scheduled meeting on December 5, 1995; and (3) a certified copy of this Resolution, to one or more members of the City's local delegation to the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the F~fthday of December , 1995. 43 44 45 46 CA-6134 ORD I N \ NONCOD E \ H I GHCON . RE S R-2 PREPARED: 11/15/95 47 48 49 5O APPROVED AS TO LEGAL SUFFICIENCY EXH~B~'T ~. 10 11 12 13 14 15 16 17 18 19 20 21 PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW SECTION 20.03 PERTAINING TO THE HIGH CONSTABLE Sec. 20.03. High constable. The city council may, in its discretion, appoint a high constable who shall serve at the pleasure of the council. In addition, the city council may appoint the sheriff to serve as the high constable subject to the sheriff's acceptance of such appointment. The high constable shall serve or execute all processes issued by the general district and juvenile and domestic relations district courts includinG, but not limited to, all attachments, notices, orders, subpoenas, summonses, warrants and writs. In addition, the high constable shall have such other duties as the council may prescribe. The fees collected by the high constable shall be established by duly adopted ordinance; provided, however, that the fees so established shall not exceed the maximum amounts allowable for similar fees under the Code of 22 23 24 Virginia (1950). as amended. Ail such fees, once collected, shall be deposited in the city treasury for use in the general operation of the city. - 22 - Item/F'-J.Z CONSENT A GEND,4 ITEM It 4O118 RESOLUTIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Resolution re City's 1996 Legislative Package and to request the General Assembly Delegation's support in the 1996 General Assembly. SECTION RE ECONOMIC DEVELOPMENT CONDEMN,4TION REMOVED TO BE SCHEDULED FOR ,4 LATER DATE Voting: I0-0 (By ConsenO Council Members l/~oting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis P~ Jones December $, 1995 A RESOLUTION ADOPTING THE CITY'S 1996 LEGISLATIVE PACKAGE AND REQUESTING MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY TO SPONSOR AND/OR SUPPORT LEGISLATION THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES SET FORTH THEREIN WHEREAS, City Council traditionally adopts a package of legmlative goals and objectives of the City and requests members of the City's local delegabon to the General Assembly to sponsor and/or support legislation to carry out these goals and objectives; and WHEREAS, the City Council has considered a number of goals and objectives for inclusion in the City's 1996 Legislative Package NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That City Council hereby adopts the City's 1996 Legislative Package, which ~s attached hereto as Exhibit A and is hereby incorporated by reference. BE IT FURTHER RESOLVED: That the members of the City's local delegation to the General Assembly are hereby requested to sponsor and/or support legislation in the 1996 Sesmon of the General Assembly that would carry out the goals and objectives of the City as set forth ~n its Legislative Package. BE IT FURTHER RESOLVED' That the City Clerk ~s hereby directed to transmit a copy of this Resolution to each member of the C~ty's local delegation to the General Assembly. Adopted by the Fzfth day of Council of the C~ty of Virginia Beach, Virginia, on the December , 1995. APPROVED AS TO CONTENT: ROBERT R. MATTHT_AS DRAFT CITY OF VIRGINIA BEACH 1996 GENERAL ASSEMBLY LEGISLATIVE PACKAGE DECEMBER 5, 1995 TABLE OF CONTENTS I. Statement on State Funding H. Virginia Marine Science Museum IH. Notification of Items Before the Board of Zoning Appeals IV. Failed Bulk Heads V. Charter Change - Office of High Constable VI. Charter Change - Election of School Board VII. Post Labor Day School Opening VIII. Inspection of Wells IX. Sewer Overflow X. Manufactured Housing XI. Funding of Old Dominion/Norfolk State University Higher Ed. Center XII. The Condemnation Authority for the Purpose of Eco. Developmem XIII. Public Safety Package A. Certification of Police Officers Be Regulation of Carnival Games Ce Peering Into Bathrooms and Changing Areas Dra~ of City COUncil Agencla Request Dra,~t o~' Resolut/on 1996 LEGISLATIVE PACKAGE STATE FUNDING The City of Virginia Beach is extremely concerned over the furore of the partnership between the City and the Commonwealth on funding of services. Although the state has taken a very bold step to reduce unfunded mandates passed down to localities, such as Virginia Beach, the City is still concerned over the 'trickle-down" effects of cuts at the federal level and reductions in state support to programs carried out by the localities. Funding for education, both primary and higher, is extremely important to the City. Over one-half of the City's budget is dedicated towards educational funding for grades K-12 for which the state's financial support has been virtually level for a number of years when adjusted for inflation. Also, the City is completely responsible for the millions of dollars of infrastructure improvements needed to provide classrooms and other buildings for our rapidly growing student population. Furthermore, the reduction in state aid to higher education is possibly having a detrimental affect on the ability of Virginia Beach residents to continue their education. It may also be indirectly affecting our efforts to attract economic development expansion. Virginia Beach is the only city of our size in the entire nation that does not have a four-year state- supported university within its boundaries. Although we applaud the effort of the state to provide funding in past years for the Higher Education Center, sponsored by Old Dominion University and Norfolk State University, we are concerned about the commitment by the Commonwealth to provide real funding for the proposed Higher Education Center to be constructed on land donated by the City, adjacent to Tidewater Community College. Although, in addition to donating the land, we have also provided approximately $250,000 in funds for preliminary engineering, it appears that the state will request that we sell bonds, possibly backed with the credit of the City, to make this facility a reality. Furthermore, there is the possibility that the state will sell fifteen acres of the Tidewater Community College campus which may destroy the envisioned, long-term plan for these facilities. Finally, the City is concerned about the apparent moving away by the state from traditional responsibilities and funding in the field of Public Health, Community Services Boards, Public Library, and others. In order to ameliorate the concerns stated about, the state is requested to fully fund the actual state share of the standards of quality and make those standards reflect the real cost of educating students in order to provide them with quality education so that they can compete in today's global environment. Also, the state is asked to re-examine the responsibilities of state and local government in terms of Social Services, Public Health Care, and the Community Services Board. As a sub- set of this item, the state is requested to allow the legislation, adopted by the 1995 session of the General Assembly with a delayed enactment date of July 1, 1996, concerning the Community Services Board in Virginia Beach to be allowed to take effect as scheduled. This will allow the Community Services Board to act in an entrepreneurial fashion to provide the greatest amount of services for the least possible cost. Finally, the General Assembly is requested to fully-fund state aid to libraries and to examine the suitability of the formula now used based on the greatly escalating cost of books and library services, generally. WRG~ MAR~ $¢mNCE MUSEUM The Virginia Marine Science Museum, through the assistance of the Commonwealth, was constructed in the late 1980's. Upon its opening, it became the most heavily visited facility of its kind in the Commonwealth and is now one of the premier educational and tourist attractions in the Commonwealth. The Science Museum, in consort with $30 million of City funding, is now engaged a ambitious expansion program which will greatly enhance the ability of the facility to provide educational/recreational/tourism opportunities. REOUESTS The General Assembly is requested to provide $5 million to the Virginia Marine Science Museum in FY97 as acknowledgement of the Virginia Marine Science Museum's contribution to the Commonwealth and its importance as an educational and tourism development tool. NOTIF!CATIQN OF ITEM~ BEFORE THE BOARD OF ZONING APPE~ PROBLEM The Supreme Court of Virginia recently ruled in a case involving the virginia Board of Zoning Appeals that it is necessary to give written notice of BZA hearings to adjacent property owners and certain other persons. This requirement is in addition to the requirement that applications be advertised in a newspaper having general circulation in the City. Until the decision was announced, the City did not provide written notice to adjacent property owners. It did, however, go beyond the legal notice requirements by requiring the property which is the subject of the application to be posted with a sign giving information concerning the nature of the application and the date and time of the hearing. Posting, however, does not satisfy the legal mandates of the court decision. Compliance with the notice requirement will cost the City approximately $14,000 per year. REQUEST The General Assembly is requested to amend Virginia Code Section 15.1-495 to allow localities to allow posting of property which is the subject of a Board of Zoning Appeals application in lieu of providing written notice to adjacent property owners. F~,ILED BULK HEAD~ The General Assembly, beginning in 1985, amended the Coastal Primary Sand Dune Act to allow sections and, eventually, all of the oceanfront at Sandbridge to have bulkheads erected at private cost. These bulkheads have provided interim protection from wave action, but have suffered much damage and, in fact, many have failed. In June of 1995, the City was forced to advise the owners of forty-four waterfront properties in Sandbridge to repair or remove their damaged bulkheads as they had become a public danger and nuisance. However, only twenty- six of the owners repaired or removed their bulkheads. Therefore, the City, pursuant to Section 15.1-11.3 of the Code, determined it was necessary to remove the eighteen derelict bulkheads in order to protect public safety and to charge the cost of such removal against the owners of the properties which, in many cases, became a lien against the property. However, additional, storms may so damage the property that the entire lot would become worthless so that the City's lien would also become worthless. Therefore, the City would be unable to recover the costs of the bulkhead removal which would cause a burden on the taxpayers throughout the City. This information was provided to the Virginia Marine Resources Commission, which, by resolution, endorsed the actions proposed by the City to remove the derelict bulkheads or other equivalent structural improvements where the owner had not done so in order to protect public safety. This resolution was adopted on the condition that the City actively seek action from the General Assembly addressing the larger problem arising from the provisions of Virginia Code 28.2- 140203). This would amend the Code to require each improved parcel of waterfront property and each other improved parcel of property likely to be subject to severe waves or storm surges to provide the City with effective evidence of f'mancial responsibility to remove such structure should it become a public hazard or nuisance or some effective means of imposing the cost of such removal and appropriate parties, i.e., the owners. REQUEST Therefore, the General Assembly is requested to amend the Code to require, prior to the construction of any additional bulkheads or the repair of such bulkheads at Sandbridge where bulkheads are constructed by private parties, that a sufficient bond to cover the entire cost of such bulkhead be posted and that such bond be kept valid in perpetuity or until the bulkhead is removed by such property owner. CHARTER CHAN(~E - OFFICE OF HIGH CONSTABLE The City of Norfolk, through its charter, allows the Sheriff, to act as High Constable. In doing so, he is able to collect certain fees for the service of process, etc. These include warrants, summons, and notices in civil cases before the General District Court. Virginia Beach, which does not have a High Constable, has the fees, collected, forwarded directly to the state. By amending the charter to coincide with the language of the Norfolk charter, those fees could be retained by the City in the General Fund for the operation of the City government. REOUESTS The General Assembly is requested to amend the Charter of the City of Virginia Beach and to add a new section 20.03, High Constable -- the City Council shall appoint a High Constable who shall serve at the pleasure of the Council; he shall execute all processes, warrants, summons, and notices in the General District Court and shall have other such duties as the Council may prescribe. The fees collected by the High Constable shall be established by duly adopted ordinance and all such fees shall be deposited into the City Treasury for use in the general operation of the City. Again, it is the intention that the Sheriff be designated as the High Constable and that any fees he collects in excess of the cost of the actual service provided shall go to the City's General Fund. CHARTE ,R. CHANGE -- ELECTION OF SCHOOL BOARD In the 1995 session of the General Assembly, the Charter of the City of Virginia Beach was amended to change the method by which City Council will be elected. This change will be phased in with the 1996 election and finalized in the 1998 election. REOUEST The General Assembly is requested to amend the Charter of the City of Virginia Beach to have the method of electing School Board be changed to mirror that of the election of the City Council in accordance with the 1995 change to the Charter of the City of Virginia Beach. POST LABOR DAY SCHOOL OPENING The Code of Virginia currently requires Virginia school systems to open after Labor Day. Variances can be given by the Secretary of Education to allow school systems who are affected by severe weather or for other reasons. The post Labor Day school opening requirement has increased tourism with the Commonwealth and increased employment opportunity for students who work in the Commonwealth's many tourist attractions. A change in the post Labor Day school law would be detrimental to tourism on a statewide basis and would be especially harmful to the City of Virginia Beach. REOUF~T The General Assembly is requested to retain the requirement that schools not open until after Labor Day. The Code does allow for variances to be given to school systems who have severe weather in the winter, wherein the post Labor Day school opening would require the school calendar to extend further into the month of June than would otherwise be needed. This request is made because of the importance of tourism to the economy of not only Virgnia Beach, but the entire Commonwealth. _INSPECTION OF WELLS The 1995 session of the General Assembly, at the City's request, added Virginia Beach to the list of localities that could require certain technical work to be done before permits for potable water wells could be issued. The General Assembly "sunsetted" the authority for Virginia Beach to expire June 30, 1996. REOUESTS Because of the City's ongoing need to adequately evaluate applications for potable water wells and the ongoing moratorium on hook-ups to the City's water system, the General Assembly is requested to lift the "sunset" provision from the legislation enabling Virginia Beach to be one of the jurisdictions performing the investigations mentioned above. 10 SLOWER 0 ,V~,R~OW Currently, sewer overflows are considered to be the responsibility of the jurisdiction in which they take place. This causes severe problems for the City in that there are a large number of Hampton Roads Sanitation District force mains within the City that experience overflows. When HRSD force mains overflow, the City is responsible for cleaning up the overflow and for penalties and f'mes assessed on such overflows. This is unfair in that the City has no control over the policies and procedures of HRSD. REOUESTS The General Assembly is requested to make the entity that owns or controls the pipe responsible for any clean up and fines and penalties of sewer overflows. That would mean if a Virginia Beach sewer main overflows, the City of Virginia Beach would be responsible. 11 MANUFACTURED HOUSING The General Assembly in its 1995 session passed legislation that would repeal the previous prohibition on manufactured housing in agricultural zoning districts. The 1995 session repealed the size restriction, thus allowing any manufactured home (trailer) that met the definition of the Code to be placed in agriculture zoning. This amendment has raised serious public health, safety and welfare concerns for the City which has substantial agriculturally-zoned areas. REOUESTS The General Assembly is requested to add a new section "D" to Section 15.1486.4 of the Code that would state: Nothwithstanding the provision of subsection A of this section, counties, cities, and towns having a 1990 census population of no less than 150,000, but no more than 200,000, and counties, cities, and towns having a 1990 census population of more than 390,000, and adopting and enforcing zoning ordinances under the provisions of this article may provide that, in all agricultural zoning districts or districts having similar classifications regardless of name or designation where agricultural, horticultural, or forest uses such as, but not limited to, those described in Section 58.1-3230 are the dominant use, the placement of manufactured houses in such zoning districts may be limited to manufactured houses that are nineteen or more feet in width, on a permanent foundation, and on individual lots, subject to development standards that are equivalent to those applicable to conventional, site-built single family dwellings within the same or equivalent zoning district. 12 FUNDING OF OLD DQMINIQNfNORFQLK STATE ~R$ITY I-H~I-IER EDU(~ATION (~ENTER The City has donated 35 acres of land, adjacent to Tidewater Community College, for a Higher Education Center to be operated in concert with Old Dominion University and Norfolk State University (ODU/NSU). The City is extremely interested in a permanent presence being created in Virginia Beach for higher education opportunities. This would be an oppommity to relocate the current Graduate Center operated by Old Dominion, adjacent to Virginia Beach Boulevard, off Little Neck Road, to permanent quarters. The State Council on Higher Education of Virginia (SCHEV), at its November 13, 1995 meeting, endorsed the creation of this new facility. REOU~T The General Assembly is requested to approve the creation of the Virginia Beach Higher Education Center to be jointly managed by Old Dominion University and Norfolk State University. Furthermore, the General Assembly is requested to provide the funds to construct the facility if the Commonwealth is unable to provide the funds to construct the facility and it is requested that authorization to use the alternative financing option be given to the City to construct the facility. This will be similar to the TCC facility to be built in downtown Norfolk wherein fees would be used as a dedicated revenue stream to provide the debt service on the approximately $15 million worth of bonds needed to construct the first phase of this facility. 13 THE CONDEMNATION AUTHORITY FOR THE PURPOSE OF ECONOMIC DEVELOPMENT The City has ~en engaged in economic development and redevelopment since its inception. A number of the areas have received extensive emphasis from in the City in efforts to redevelop and provide better housing opportunities for the residents of those areas, such as the Burton Station area. In spite of a determined effort by the City, it has been impossible to realize the goal of revitalizing some of these areas because of title problema, etc. Many other cities in Virginia and some counties utilize the power of eminent domain through theft Redevelopment and Housing Authorities to accomplish the process of assembling lands for economic development and revitalization. The City does not have a Redevelopment and Housing Authority and has not granted the power of eminent domain to any non-elected body. REQUEST Be it enacted by the General Assembly of Virginia 1. That the Code of Virginia is amended by adding the following sections: Article 7.1 Condemnation of Property by Certain Cities for Economic Development Projects § 15.1-900.1 Grant of condemnation authority. Subject to the provisions contained in this article, any city having a population of 350,000 or more shall have the power, for the purposes of initiating economic development projects as defined herein, to exercise the right of eminent domain and may condemn lands, buildings, and other structures and personal property, including any interest, right, easement, or estate therein, of any person or corporation, pursuant to the provisions of Chapter 1.1 (§25-46.1 et seq.) of Title 25. To determine the suitability of land for an economic development project, a city shall have the same right of entry under the same conditions as the Commonwealth Transportation Commissioner under §33.1-94. However, under no circumstances shall any city proceeding under this article have the authority to "quick take" provided to the Commonwealth Transportation Commissioner pursuant to §33.1-119. For purposes of this article, an "economic development project" shall be def'med as a public project which is designed to promote industry and develop trade by inducing manufacturing, industrial, governmental, and commercial enterprises, as well as institutions of higher education, to locate or remain in a city, thereby increasing capital investment, employment opportunities, and the tax base within the city. COMMENT 14 Proposed §15.1-900.1 gFants certain cities the power of condemnation for economic development projects, with the exception of "quick take" which b proldblted. "Economic development project" is specifically defined in this section. § 15.1-900.2 Limitations on condemnation power; requirement of relocation and/or compensation of displaced persons and businesses. The governing body of a city shall only exercise the power authorized herein when (i) it cannot agree on the compensation to be paid the owner or owners of such lands, buildings, structures, and/or personal property, or cannot agree on other terms and conditions of purchase or settlement, or because of incapacity of such owner or owners, or because such owner or owners are unknown, or because such owner or owners are unable to convey valid title to such property; (ii) it has complied with the provisions of §15.1-900.3 requiring economic development projects as defined in §15.1-900.1 to be included in the city's comprehensive plan; (iii) it has provided, by ordinance(s), for the relocation and/or compensation of persons and businesses affected by condemnation proceedings. The provisions of such ordinance(s) must be substantially similar to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USCS §§4601 et seq.), which provides for the relocation and/or compensation of persons and businesses affected by condemnation proceedings; and (iv) it has passed an ordinance finding the areas to be properly the subject of eminent domain as provided in §15.1-900.4. COMbIENT This section ensures (i) that a city must attempt to purchase property before exercising its power of condemnation; (ii) that the economic development project, as defined in §15.1-900.1, is made part of the city's comprehensive plan; (iii) that persons or businesses displaced are relocated and/or receive adequate compensation in accordance with federal law; and (iv) that the governing body has made a finding that area where property is to be condemned is a proper one for economic development. § 15.1-900.3 Incorporation of economic development project by governing body into comprehensive plan. (a) No city utilizing the power of eminent domain as provided in this article shall acquire any real property or proceed with the clearance, development or redevelopment of any 15 area for an economic development project unless the governing body has first, by ordinance, incorporated the proposed economic development project into the city's comprehensive plan. Co) In the process of incorporating the proposed project into the comprehensive plan, the governing body of the city shall consider how the proposed project relates to def'mite local objectives, including, but not necessarily limited to, appropriate land uses, density of population, improved traffic flow, impact on the local economy and tax revenues, public transportation, public utilities, recreational and community facilities, and other public improvements. CO~ As required by the Code of Virginia, a city must have a comprehensive plan for the physical development of property within the City's jurisdiction. This section, which requires that the type of economic development project defined in §15.1-900.1 be incorporated into the comprehensive plan, ensures that public hearings will be held and that these projects will be carefully evaluated before any property can be condemned. Along with the criteria for comprehensive plans established in the Code of Virginia, this section includes factors for a local government to consider in the process of determining whether an economic development project, as defined above, should be made a part of the comprehensive plan. § 15.1-900.4 Areas properly the subject of this article. The authority granted by §15.1-900.1 may only be exercised in areas where the governing body, by ordinance, finds that either or both of the following conditions exist: (a) An area consists of at least five (5) contiguous or adjacent acres of real property, inclusive of publicly-owned property, where there is a growing or total lack of proper utilization of the area caused by the condition of the land titles, diverse ownership of the real property therein, poor street or lot layout, and other conditions resulting in the stagnant and unproductive condition of land potentially useful and valuable for contributing to and serving the public purposes of growth and orderly development; or (b) Not less than twenty-five (25) contiguous or adjacent acres of real property, inclusive of publicly-owned property, are situate at a location that is suitable for development as an industrial park or center for various commercial, manufacturing, industrial, research or transportation enterprises. COMMENT An economic development project, as defined in §15.1-900.1, which has been incorporated into the city's comprehensive plan (pursuant to §15.1-900.2, above), may be located in two types of locations. The first type of area is one where orderly development is made difficult by such factors as the state of land titles; the second type is one in which a relatively large area of land is located where an economic development project would be appropriate. In either case, the governing body must determine that the area in which a proposed economic development project is planned meets the conditions set forth in subsections (a) and/or (b). 16 §15.1-900.5 Subsequent conveyance of property. Any lands, buildings, other structures, or personal property acquired by a city pursuant to the provisions of this article may be conveyed to private enterprise or public agencies, and any such conveyance shall not defeat the public purpose of the project, the animating or primary purpose of which shall be the overall economic development and vitality of the community. Notwithstanding the above, no lands, buildings, other structures or personal property may be condemned for the sole benefit of one person or private entity. COMMENT This section, which permits the sale of condemned property to private enterprises, makes it clear that such a sale does not alter the overall public purpose of an economic development project. It also ensures that a private entity cannot arrange to have a specific piece of property condemned for its sole benefit. 17 PUBLIC SAFETY PACKAGE 18 CERTIFICATION OF POLICE OFFICERS Currently, police officers, who are employed by the City of Virginia ~ach who are certified in other states, must apply to the certification office in Richmond for certification in the Commonwealth. The City hires applicants certified in other states under the condition that they will meet Virginia certification. The information is then submitted to the state for review and determination which can take a number of months. The problem arises that officers are sometimes found to not be actually certified in other states and then must be discharged from City employment. REQUEST The General Assembly is requested to amend the Code of Virginia to require that the Commonwealth certify officers from other states before they are offered employment. 19 REGULATION OF CARNIVAL GAMES The Code of Virginia is silent on the issue of regulating carnival games. In order to regulate these games, which are often times tilted very much in the favor of the operator, it is necessary for the police to use the Code dealing with illegal gambling or winning by fraud. This makes a very difficult test for the police department to meet and allows for the occasional unscrupulous operator to defraud the public. REOUF~T The General Assembly is requested to amend the Code, Sections 18.2-336, 18.2-337, to establish a regulation of carnival games section that would include definitions of games of chance, spell out the managemem of such games and their odds of winning, and other information that should be available to the public. For example, the General Assembly has required that the odds of winning the Lottery are conspicuously advertised; however, information about winning at carnival games is non-existent. 20 PEERING INTO BATHROOMS ,AND CHANGING AREAS Section 18.2-130 of the Code of requires that, to be in violation of the Code and to prosecuted, a person must secretly or furtively peek or spy into a changing enclosure or bathroom, etc. We have had many occasions when the courts have taken the position that, if a person blatantly stands outside a bathroom stall, for instance, looking through the space between the door and the wall or openly looks into the stall partition from the inside of another stall, then that is not a violation of the Code. This means that defense attorneys have been very successful in having these cases dismissed on the basis of the secretiveness and furtiveness section. REQUEST The General Assembly is requested to amend the Code of Virginia and to delete the words "secretively or furtively" from Section 18.2-130 of the Code. 21 - 24 - Itoh IV-K 1. CONSENT AGENDA ITEM # 40120 ORDINANCES Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to AMEND the City Code by DELETING Section 21-123 which requires tail gates be raised or closed whenever a vehicle is being operated. Voting: 9-0 Council Members Voting .dye: John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members l/oting Nay: None Council Members Absent: Louis R. Jones and Louisa M. Strayhorn December 5, 1995 1 Requested by Councilmember Robert K. Dean AN ORDINANCE TO AMEND THE CITY CODE BY DELETING SECTION 21-123 WHICH PRESENTLY REQUIRES THAT TAIL GATES BE RAISED OR CLOSED WHENEVER A VEHICLE IS BEING OPERATED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 That Section 21-123 of the Code of the City of Virginia Beach, Virginia, is hereby deleted: 12 13 14 15 16 17 18 19 20 21 22 23 this Adopted by the City Council of the City of Virginia Beach on Fifth December day of 1995. 24 25 26 27 CA-6121 DATA / ORD IN/NONCODE / 21-123. ORD NOVEMBER 6, 1995 R2 28 29 30 31 APPROVED AS TO LEGAL SUFFICIENCY: Item II,'-K. 2 CONSENT AGENDA ITEM # 40121 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to approve a Cooperative Agreement among the Cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach re creation and operation of the South Hampton Roads Disability Services Board; and, to authorize the City Manager to execute the agreement. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones December 5, 1995 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT AMONG THE CITIES OF CHESAPEAKE, NORFOLK, PORTSMOUTH, SUFFOLK AND VIRGINIA BEACH PERTAINING TO THE CREATION AND OPERATION OF THE SOUTH HAMPTON ROADS DISABILITY SERVICES BOARD, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, by ordinance adopted January 5, 1993, City Council, pursuant to § 51.5-47 of the Code of Virginia, authorized the City of Virginia Beach to become a member of a multi- jurisdictional disability services board in cooperation with the cities of Chesapeake, Norfolk, Portsmouth, and Suffolk; WHEREAS, by this same ordinance, City Council directed the City Manger to return to the Council with a joint powers agreement, as required by § 15.1-21 of the Code of Virginia, for approval by the Council; and WHEREAS, staff of the participating cities have subsequently developed, for consideration by their respective councils, a joint powers agreement entitled "Cooperative Agreement for Creation of the South Hampton Roads Disability Services Board," and have recommended the approval thereof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby approves the "Cooperative Agreement for Creation of the South Hampton Roads Disability Services Board," ("Cooperative Agreement"), a copy of which is attached hereto as Exhibit A, and is hereby incorporated by reference. BE IT FURTHER ORDAINED: That the City Manager is hereby authorized and directed to execute the Cooperative Agreement on behalf of the City of Virginia Beach. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of December 1995 , * 35 36 37 38 CA-6153 ORDIN\NONCODE\HRDSB. ORD R-2 PREPARED: 11 / 27 / 95 39 APPROVED AS TO CONTKNT General Serv,ces APPROVED AS TO LEGAL SUFFICIENCY / EXHIBIT A COOPERATIVE AGREEMENT FOR CREATION OF THE SOUTH HAMPTON ROADS DISABILITY SERVICES BOARD There is hereby created by the cities of Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach, Virginia, the South Hampton Roads Disability Services Board which shall exist under and be subject to the terms and conditions of this Agreement in accordance with §51.5-47 through §51.5-52, Code of Virginia, 1950, as amended. Section I. Duratio~ A. The South Hampton Roads Disability Services Board (the "Board") and this Agreement shall exist in perpetuity, subject, however, to dissolution at any time by agreement of the governing bodies of the participants therein. In the event the governing body of any participating jurisdiction desires to withdraw, it may do so provided it has given ninety (90) days notice to each of the participating jurisdictions. Such notice shall be in writing. Section II. Purpose The purposes for which the Board is created are: A. To serve as the local disability services board for the participating jurisdictions as specified in §51.5-47 through §51.5-52 of the Code of Virginia, 1950, as amended, and as provided for in the Guidelines for the Establishment of Local Disability Services Boards developed by the Commonwealth of Virginia Disability Services Council. B. To provide input to state agencies on service needs and priorities of persons with physical and sensory disabilities residing within the participating jurisdictions; C. To provide information and resource referral to the participating local governments regarding the Americans with Disabilities Act; D. To provide such other assistance and advice to the participating local governments as may be requested. Section III. Manner of Financing A. Staff support will be provided by the Commonwealth of Virginia Department of Rehabilitative Services with appropriate consultation from the Department for the Visually --1-- Handicapped and the Department for the Deaf and Hard-of- Hearing. Localities participating in this agreement may provide supplemental staff support to the board to be financed by those participating localities, as may be authorized by their respective city Managers and funded by their respective City Councils. All expenses deemed necessary and agreed to by participating localities shall be shared on a per capita basis among the participating localities. B. Board expenditures will be reimbursed by the Commonwealth to the extent of general fund appropriations. Such appropriations for the support of disability services board~ will be administered through the Commonwealth of Virginia Department of Rehabilitative Services. No monies are to be expended by the Board unless the Board has been funded for expenditure of such monies. C. As specified in §51.5-50 of the Code of Virginia, 1950, as amended, incentive funds may be appropriated by the General Assembly and administered in accordance with guidelines established by the Disability Services Council. The authority and responsibilities regarding incentive funds of the Council, Department of Rehabilitative Services, disability services boards and local jurisdictions are addressed in §51.5-48 (b) and (7) through §51.5-51 of the Code of Virginia, 1950, as amended. Establishment and use of incentive funds by the Board will be within these specified parameters. D. As specified in §51.5-49 (B) (2) of the Code of Virginia, 1950, as amended, the Disability Services Council shall develop a grant allocation system which requires a'local match and annual guidelines incentive fund. The local match may be either public or private funds, or a combination, but in-kind contributions shall not be considered in the local match unless specifically approved by the Council. The Department of Rehabilitative Services shall distribute the guidelines to the Board annually. E. As specified in §51.5-50(A) of the Code of Virginia, 1950, as amended, a state rehabilitative services incentive fund shall be established in and administered by the Department of Rehabilitative Services to meet programmatic and individual recipient needs not otherwise met through existing federal, state, or local programs, and to develop community programs to meet the needs of persons with physical and sensory disabilities. If the Board elects to apply for a grant from the fund, it shall submit its grant proposal to the Department. The Department is authorized to make grants for programs and services for persons with physical and sensory disabilities to boards whose grant applications comply with the guidelines developed by the Disability Services Council. -2- F. As specified in §51.5-51 of the Code of Virginia, 1950, as amended, the Board may establish a local rehabilitative services incentive fund and may make expenditures from such fund to meet programmatic and individual recipient needs not otherwise met through existing federal, state, or local programs and to develop community programs to meet the needs of persons with physical and sensory disabilities. If such a fund is established, the participating jurisdictions shall designate the fiscal agent for the administration of the fund. The availability of this local fund shall not be taken into consideration in, nor used to reduce, state or local appropriations or payments. Application for disability services incentive funds, when appropriated by the General Assembly, shall be at the option of the Board or participating jurisdictions. G. The Board shall have no authority to obligate its member jurisdictions in an amount greater than the funding approved by the said member jurisdictions. Any commitment of local funds shall be by written agreement of the Board and jurisdiction. H. Methods of funding, extent of obligations to be incurred, and local financial participation in any Board project or program shall be as set forth in the approved expenditure plan for such project or program. If Rehabilitative Services incentive funds are received by the Board, such funds shall be administered through the designated fiscal agent in accordance with the approved expenditure plan as specified in the grant. I. Localities participating in this Agreement shall not be mandated or obligated to fund any recommendations made by the Board. Section IV. Organization and Composition A. The Board shall consist of fifteen members including at least one local official from each of the participating jurisdictions, two representatives of the business community, and consumers. The Board will have no less than five members with physical, visual, or hearing disabilities or who are family members of individuals with physical, visual, or hearing disabilities. For the purposes of these appointments, a Local Official is defined as a person elected, appointed or employed in an office or position in local government. A consumer is defined as an individual with a disability or a family member of an individual with a disability. -3- The members of the Board shall be appointed on the following basis: City of Chesapeake One (1) Local Official Two (2) Consumers City of Norfolk City of Portsmouth One (1) Local Official Two (2) Consumers One (1) Local Official One (1) Business Representative One (1) Consumer City of Suffolk One (1) Local Official One (1) Business Representative One (1) Consumer city of Virginia Beach One (1) Local Official Two (2) Consumers To assure stability of membership and retention of experienced members of the Board, initial terms of Board members shall be staggered to ensure that not all Board members will be replaced at any one time. The initial appointments shall be as follows: Five (5) Local Officials One Year Terms Two (2) Business Representatives Two Year Terms Eight (8) Consumer Representatives Three Year Terms After the initial appointments, all appointments shall be for a term of three years. B. The Chair of the Board shall be elected at a regular meeting of the Board by a majority vote of the members present. The term of office for the Chair of the Board shall be for one year. The Chair may be reelected in the manner described above to succeed him/herself in office for additional terms, provided the total consecutive tenure does -4- not exceed three years. C. The Board may make such rules of procedure as it shall deem necessary and proper for the conduct of its business not inconsistent with this Agreement and shall hold meetings at least quarterly. Meetings shall be conducted in conformance with the Virginia Freedom of Information Act. D. The Board shall be responsible to the member jurisdictions to this Agreement which established the Board. Section V. Duties of the Board A. Subject to the limitations contained in this Agreement and the Operating Procedures adopted by the Board, the Board shall have all lawful powers conferred by this instrument and shall conduct and control the general policies and directions of the Board as specified in §51.5-47 through §51.5-52 of the Code of Virginia, 1950. as amended. B. In accordance with the Code of Virginia the duties of the Board are to: l® Assess the local service needs and advise the appropriate state and local agencies serving persons with physical and sensory disabilities of their findings; · Develop and make available for public comment a report with a six-year projection of local service needs and priorities for person~ with physical and sensory disabilities in accordance with state guidelines. · Obtain input from local public and private service providers and utilize such information in the development of the report. 4. Review and update the report biennially. · Serve as a catalyst for the development of public and private funding sources. · Develop requests to the rehabilitative services incentive fund when local funding for match is identified. · Administer incentive funds, if received, through a designated fiscal agent in accordance with an approved expenditure plan as specified within the grant. -5- · Exchange information with other disability services boards and local organizations within the community regarding services to persons with physical and sensory disabilities and best practices in the delivery of services. · Provide input to state agencies on service needs and priorities of persons with physical and sensory disabilities residing within the participating jurisdictions. · 10. Provide information and resource referral to local governments on the Americans with Disabilities Act (ADA). B. The Board shall file an annual report of its activities with the governing bodies of the participating jurisdictions in a manner, time and form agreeable to said members. Section VI. Administrative Authority of the.Board Subject to the limitations of applicable law and the provisions of this agreement, the Board shall have administrative authority to: A. Make application for, and accept grants of money, materials, or other goods or services at any time from any private or charitable source, or the Commonwealth of Virginia or any agency or instrumentality thereof. The Board shall not provide direct client services nor employ staff for' that purpose. The Board shall not hold title to any real property. B. Make and enter into contracts or agreements as it may determine are necessary to the performance of its duties and to the execution of the powers granted under this Agreement; provided that the Board shall not incur any obligation unless funds for the performance of such obligation have been fully secured, whether by appropriation, grant or other means. C. Adopt procedural rules necessary to conduct business. D. Provide for liability insurance in such amounts as it deems reasonable, if deemed necessary in view of §15.1-7.01, Code of Virginia, 1950, as amended, and if members are not already covered by insurance obtained by their locality pursuant to §15.1-7.3:1, Code of Virginia, 1950, as amended. E. Perform any acts and undertakings authorized by this Agreement through or by means of its officers or agents, or by contracts with other persons, firms or corporations. -6- Section VII. Termination The existence and authority of the Board may be terminated only as provided for in Section I. In the event the Board is terminated, payment and/or credit for the furnishing and use of real property owned by a participating jurisdiction shall be adjusted to the date of termination. All property shall be scheduled and valued by or at the direction of the Board and distributed in kind to the participating jurisdictions as nearly as is feasible in the same proportion as they contributed to acquiring it; provided, however, that one or more jurisdictions may purchase the interest of one or more others in the property. Section VIII. Amendment A. This Agreement may be amended only with the concurrence of the participating member jurisdictions. Section IX. Miscellaneous This Agreement shall be effective only upon the written endorsement of the City Managers of each participating locality, following authorization by their respective City Councils. This Agreement may be executed in more than one counterpart and with separate signature pages, each of which shall constitute a part of and be deemed to be an original. IN WITNESS WHEREOF, the member jurisdictions have caused their names to be signed and attested by their duly authorized officials. CITY OF CHESAPEAKE, VIRGINIA BY CITY MANAGER DATE ATTEST: -7- CITY OF NORFOLK, VIRGINIA ATTEST: BY CITY MANAGER DATE CITY OF PORTSMOUTH, VIRGINIA ATTEST: BY CITY MANAGER DATE CITY OF SUFFOLK, VIRGINIA ATTEST: BY CITY MANAGER DATE CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: BY CITY MANAGER DATE i i IIII __ ~ _ _ APPROVED AS TO LEGAL SUFFICIENCY CC:SS,Ill SHRDSB ACM tOI101g6 -8- II II - 26 - Ite~n IV-K3 CONSENT AGENDA ITEM # 40122 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $45,533 Grant from the U. S. Department of Justice to the Virginia Beach Police Department's 1995-1996 Operating Budget re incentives for law enforcement agencies and reimbursing the appropriate salary accounts; ana~ estimated revenue from the federal government be increased accordingly. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branct~ II[, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones December 5, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE TO THE VIRGINIA BEACH POLICE DEPARTMENT A $45,533 GRANT FROM THE U. S. DEPARTMENT OF JUSTICE, FOR REIMBURSEMENT FOR TRAINING MILITARY VETERANS FOR COMMUNITY POLICING WHEREAS, the V~rg~n~a Beach Police Department has been awarded $45,533 from the U S Department of Jusbce for reimbursement for training costs associated w~th h~nng m~l~tary veterans for pombons ~n the City's community policing effort, and 9 10 WHEREAS, the grant award w~ll be used exclusively to reimburse those salary accounts from which the m~l~tary veterans have been pa~d, 11 12 13 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $45,533 ~n grant funds be accepted from the U S Department of Jusbce and appropnated to the FY 1995-96 Operabng Budget of the V~rg~n~a Beach Police Department for the purpose of reimbursing the appropriate salary accounts, and that esbmated revenue from the federal government be ~ncreased by the amount of the grant award 17 18 19 Th~s ordinance shall be effecbve on the date of ~ts adopbon Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the Fifth of December , 1995 APPROVED AS TO CONTENT Walter C Resource and Management Serwces Administrator Department of Management Serwces APPROVED AS TO LEGAL SUFFICIENCY I U.S. Department of Justice Office of Community Oriented Policing Services .= TROOPS TO COPS AWARD Grant # 95-TC-WX-1244 ORI #: · Applicant Organization's Legal Name: Law Enforcement Executive Name: VA12$00 EIN # 540722061 I I Virginia Beach PD, City of Chief Charles Wall Address 2509 Pnncess Anne Rd CW, State and Z~p Code Virginia Beach, VA 23456 Phone Number (804) 427-8541 Fax Number (804) 426-5633 Grant Award Period: Start Date: 01/01/95 End Date: 12/31/97 Amount Awarded: $45,533.00 By s~gmng th~s award, the s,~nato~ official m agreeing to able by the Cond~bons of Grant Award found on the reverse s~e of thru document S~gnature of Officml wrth the authority to accept this grant award Date Typed Name and Title of Official Date Conditions of Grant Award 1. Your agency acknowledges its agreement to comply with the terms, conditions, program guidelines, assurances and certifications of its Phase I, AHEAD, and/or FAST grant. 2. Your agency agrees to abide by the terms, conditions and regulations as found in the Troops to COPS Grant Owner's Manual. 3. In order to assist the COPS ~Office in the monitoring of this grant, your agency will be responsible for submitting financial status reports on a quarterly basis. Your agency also agrees to cooperate to ensure that standard grant monitoring requircments are met. 4. The training costs funded by this grant apply to veterans who: were separated from active duty October 1, 1993 or later; were hired by your department on or after January 1, 1995; were honorably discharged or released from active duty characterized as honorable; and, were hired by your agency as your COPS Phase I, AHEAD or FAST officer(s). 5. Troops to COPS funds may only be used to reimburse your agency for training costs for the veteran indicated on your Troops to COPS application. 6. The training costs for which your agency seeks reimbursement must be costs for which your agency would otherwise be responsible for funding. 7. Reimbursements will only be made for allowable traini~ cost~, inourred from January I, 1995 through December 31, 1997. For an itemization ofsuc"h;'please r~fer to your budget clearance memorandum. 8. Requests for extensions of the grant award period which merely request additional time, not additional funding, should be submitted in writing no later than two years after the official start date of the award to your Grant Advisor. 9. Requests for reimbursements for allowable training costs under this grant will not be honored until the COPS Office receives: your Troops to COPS award signed by an official in your ag,~ncy who is authorized to accept grant awards; a copy of the hired veteran's DD Form 214; and, a copy of the hired veteran's training certificate(s) to confirm completion of training. - 27 - Item IV-IC 4 CONSENT AGENDA ITEM # 4O123 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance appointing viewers in the petition of R. LEWIS BOGGS for the closure, discontinuance and relocation beginning at a point in the Western right-of-way of a portion of Baltic Avenue opposite 30th Street and approximately 300 feet South of the Southern right-of-way line of Lasla'n Road for Ellis Development, Inc. (~R GINIA BEACH BOROUGH). The Viewers are: David M. Grochmal Director of General Services Robert J. Scott Director of Planning Director of Public Works Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: Louis 1~ Jones Councilman Harrison ~STAINED as he provides legal services for 1~ Lewis Boggs. December 5, 1995 IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT PORTION OF A STREET AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "EXHIBIT SHOWING A PORTION OF BALTIC AVENUE TO BE CLOSED AND VACATED FOR ELLIS DEVELOP, INC." DATED NOVEMBER 2, 1995, ATTACHED HERETO AND MADE PART HEREOF. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, R. Lewis Boggs, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of those certain streets or alleyways which are more specifically described as follows: ALL THAT portion of a street designated as the "PORTION OF BALTIC AVE TO BE CLOSED AREA= 1.131 ACRES" on that certain plat entitled "EXHIBIT SHOWING A PORTION OF BALTIC AVENUE TO BE CLOSED AND VACATED FOR ELLIS DEVELOPMENT, INC." dated November 2, 1995, attached hereto and made apart hereof. 2. That no inconvenience will result to any person by reason of the closing, vacation and discontinuance of a portion of the street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view the portion of the platted street proposed to be closed and to report in writing to the Council as soon as practicable as to whether, in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and the closing of the portion of the street described herein above. 3. That on the 19th day of November, 1995, and on the 26th day of November, 1995, notice of the presentation of this application was published in the Beacon section of the Virginian-Pilot & Ledger-Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the owners of the fee simple interest in the land adjacent to the portion of the street described in paragraph 1 of this Petition is Jerry F. McDonnell who will, as the adjacent land owner, become the fee simple owner of the closed portion of the street. Respectfully submitted, R. LEWIS BOGGS By Charles M. Sall~ Pender & Coward, P. C. 192 Ballard Court Virginia Beach, VA 23462-2483 Of Counsel AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Charles M. SallY, attorney for R. Lewis Boggs ("Boggs"), being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Boggs. 2. That on the 19th day of November, 1995, and on the 26th day of November, 1995, notice of the presentation of the application, on behalf of Boggs, to close that portion of Baltic Avenue designated as the "PORTION OF BALTIC AVE TO BE CLOSED AREA= 1.131 ACRES" on the attached plat will be published in the Beacon section of the Virginian-Pilot & Ledger-Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. Charles M. Sall~ Subscribed and sworn to before me this 6th day of November, 1995. Notary ~b~1ic My Commission Expires: CITY OF ¥IR~INIA BEACH APPLICATION FOR STREET C~OSURE FEE: $250.00 Application No. Date: November 3, 1995 Applicant: R. Lewis Boggs Address: 207 Business Park Drive Virginia Beach, VA 23462 Telephone: (804) 497-2943 A representative of th~ applicant must be present at the Public Hearings to apprise the Commission and City Council of complete information concerning the request. A survey is required to accompany all applications for street closures which shall be prepared by a surveyor, engineer or other person duly authorized by the State to practice such, which shall become a part of the permanent record and is not returnable. Request for: Closure of streets or alleyways described in Exhibit 'A' attached hereto. Reason for Proposed Closure: Remove title defec, t and develop property. · Description of Property: See Exhibit 'A'. ' Borough: Virginia Beach I HEREBY CERTIFY THAT IT IS MY INTENTION TO HAVE THE FOLLOWING STREET (S) CLOSED: · See Plats attached hereto Does an official or an employee of the City of Virginia Beach have an interest in the subject land? Yes No __X . If the answer is yes, name the official or the employee and nature of interest. N/A Signed: ~./~~~~,,~ ~~/ NAMES AND ADDRESSES OF ALL ADJACENT PROPERTY OWNERS: Name ( s ) Address Jerry_ F. McDonnel 1 200 Golden Oak Court, Suite 117 Virainia Beach. VA 23459- -- Norfolk Banana Distributors. Inc. same , · Please attach additional sheet if necessary. Action of Commission: Granted Denied · Action of Council: Planimetric No. Granted Denied APPLICATION FOR BTREET CLOSUP~ STA~ FOR ADJA¢_~T PROP~TYONN~RR Date: November 3, 1995 Name (s) of Applicant (s): R. Lewis Boggs Address of Applicant(s): 207 Business Park Drive Va. Beach, VA 23462 Streets to be closed: Portion of Baltic Avenue Name of Adjacent Property Owner: Jerry F. McDonnell Address of Adjacent Pr6perty Owner: 200 Golden Oak Court, Suite 117 Virginia Beach, VA 23452 As an adjacent property owner(s) that will gain title to a portioh of the closed right-of-way, I (we) agree to comply with any conditions that City Council my attach to the closing of the street, including resubdivision and purchase of the closed street from the City. Jerry F. McDonnell · PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 5th day of December, 1995, at 2:00 p.m., in the City Council Chambers, City Hall, Municipal Center, Virginia Beach, Virginia, 23456, the undersigned will petition the Council for the appointment of Viewers to view the hereinafter described portion of Baltic Avenue and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacation, closure, discontinuance and relocation of such portion of Baltic Avenue located in Virginia Beach, Virginia, and described as follows: Beginning at a point in the western right-of-way line of Baltic Avenue opposite 30th Street and approximately 300 feet south of the southern right-of-way line of Laskin Road; thence Sl1°33'24"W a distance of 85.66 feet to a point; thence southerly along a curve with a radius of 684.46 feet a distance of 86.27 feet to a point; thence S35°02'05"W a distance of 5.83 feet to a point; thence S78°37'50"E a distance of 1.62 feet to a point; thence southerly along curve with a radius of 684.46 feet a distance of 43.98 feet to a point; thence S22°54'37"W a of distance 39.49 feet to a point; thence S35°12'10"W a distance of 447.36 feet to a point; thence southerly along a curve with a radius of 526.26 feet a distance of 12.39 feet to a point; thence S78°26'00"E a distance of 5.40 feet to a point; thence southerly along a curve with a radius of 531.26 feet a distance of 24.81 feet to a point; thence S55°47'14"W a distance of 15.42 feet to a point; thence southerly along a curve with a radius of 322.41 feet a distance of 36.27 feet to a point; thence westerly along a curve with a radius of 25.00 feet a distance of 24.63 feet to a point; thence westerly along a curve with a radius of 100.00 feet a distance of 41.66 feet to a point; thence N50°55'41"E a distance of 48.73 feet to a point; thence N42°10'41"E a distance of 40.41 feet to a point; thence N42°10'41"E a distance of 50.14 feet to a point; thence N57°03'08"W a distance of 28.93 feet to a point; thence northerly along a curve with a radius of 773.50 feet a distance of 109.30 feet to a point; thence N34°27'35"E a distance of 97.19 feet to a point; thence S35~17'25"E a distance of 28.67 feet to a point; thence N04o08'56"E a distance of 6.53 feet to a point; thence N19"43'32"W a distance of 18.37 feet to a point; thence N30o42'28"E a distance of 467.34 feet to a point; thence S78°27'32"E a distance of 15.47 feet to the point of Beginning. At that time, any affected person may appear and present his or her views. At the next regular meeting of the City Council after receipt of the report of the Viewers, or as soon thereafter as the matter may be placed on the Council agenda, the undersigned will Petition the City Council to vacate, close, discontinue and relocate the above described portion of Baltic Avenue. R. LEWIS BOGG$ By Of Counsel Charles M. Sall~ PENDER & COWARD 192 Ballard Court Virginia Beach, VA 23462 (804) 490-3000 H L··ADDISON III CHARL. I'IM IAI,L· OAVIC) I., ARNOLD DANIEl,, IHARON · CONNAUOHTON MARK · II,AUGHT·R · ANDOL. PHC D~VAI. L., OL. EN W THOMPION LAWN·NC· H OLANZ·R LYNN K JO)HR A TII, HC)U O<)U(~L.AS J OR,INN w RC)IIRT Tt.)IIINER, III O~VIO I.. HORN· JC)I·PH ? WAS,DO PNILIPJ INFANTINC) IONNI· M DOUOI. AS · KAHI,· gUION H Wis,",Il JAMES · /~ONe'R(~AN SARAH J Z[CCA lURK· W MAROUI,,II'I RICHARD H MATTH·WI 'A~..l~ MlMlllll MICNAII, · ORNOFF No~'r)~ CAN'OLINA PENDER COWARD &TTORNEYI AND COUNSELLORS AT LAW FOURTH FLOOR. G~[[NW~CH C[NT~E Ig2 BALLAND COUNT VIRGINIA BEACH, VIRGINIA TELEPHONE (804) 4~0-3~ FACSIMILE (804) 497-1914 November 6, 1995 490-6279 CERTIFICATE OF VESTING OF TITLE I, Charles M. SallY, Attorney for the Petitioner, R. Lewis Boggs ("Boggs"), do hereby certify that: 1. I am an attorney at law and represent Boggs. 2. If the portion of Baltic Avenue designated as "PORTION OF BALTIC AVE TO BE CLOSED AREA= 1.131 ACRES" on the attached plat is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to the closed portion of Baltic Avenue will vest in Jerry F. McDonnell as the owner of the fee simple interest in the land adjacent to the street. CMS/sp Very truly yours, Charles M. Sall~ O~X~-N~ NOo a IN THE M~~ OF CLOSINg, V~C~TIN~, ~D DXSCO~X~X~ ~T PORT~ON OF ~ S~ET ~ SHO~ ~ON ~T C~T~IN P~T ~I~ED, '~IBIT SHOWIN~ A PORTI~ OF ~TIC A~u~ ~ BE CLOS~ ~ VA~~ FOR ELLIS D~LOP~, ~C. ~ DA~ NO--ER 2, 1995, A~AC~ HE'TO ~ ~E P~T ~OF. ~~, it appearing by affidavit that proper notice has been given by R. Lewis Boggs that he would apply to the Council of the City of Virginia Beach, Virginia, on Dece~er 5, 1995, to have the hereinafter described portion of a street discontinued, closed, and vacated; and ~~, it is the jud~ent of the Council that a portion of such street be discontinued, closed, and vacated; NOW, ~E~FO~, SECTIQN I BE IT O~AI~ by the Council of the City of Virginia Beach, Virginia, that the hereinafter described portion of a street be discontinued, closed, and vacated: ALL THAT portion of a street designated as the "PORTION OF BALTIC AVE TO BE CLOSED AREA= 1.131 ACRES" on that certain plat entitled "EXHIBIT SHOWING A PORTION OF BALTIC AVENUE TO BE CLOSED AND VACATED FOR ELLIS DEVELOPMENT, INC." dated November 2, 1995, attached hereto and made apart hereof. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, as grantor. SECTIQN III ADOPTED by the City Council of the City of Virginia Beach, Virginia, this__ day of , 1995. GPIN NO: EXHIBIT A Beginning at a point in the western right-of-way line of Baltic Avenue opposite 30th Street and approximately 300 feet south of the southern right-of-way line of Laskin Road; thence Sl1°33'24"W a distance of 85.66 feet to a point; thence southerly along a curve with a radius of 684.46 feet a distance of 86.27 feet to a point; thence S35°02'05"W a distance of 5.83 feet to a point; thence S78~37'50"E a distance of 1.62 feet to a point; thence southerly along curve with a radius of 684.46 feet a distance of 43.98 feet to a point; thence S22°54'37"W a of distance 39.49 feet to a point; thence S35~12'10"W a distance of 447.36 feet to a point; thence southerly along a curve with a radius of 526.26 feet a distance of 12.39 feet to a point; thence S78°26'00"E a distance of 5.40 feet to a point; thence southerly along a curve with a radius of 531.26 feet a distance of 24.81 feet to a point; thence S55°47'14"W a distance of 15.42 feet to a point; thence southerly along a curve with a radius of 322.41 feet a distance of 36.27 feet to a point; thence westerly along a curve with a radius of 25.00 feet a distance of 24.63 feet to a point; thence westerly along a curve with a radius of 100.00 feet a distance of 41.66 feet to a point; thence N50o55'41"E a distance of 48.73 feet to a point; thence N42°10'41"E a distance of 40.41 feet to a point; thence N42o10'41"E a distance of 50.14 feet to a point; thence N57°03'08"W a distance of 28.93 feet to a point; thence northerly along a curve with a radius of 773.50 feet a distance of 109.30 feet to a point; thence N34°27'35"E a distance of 97.19 feet to a point; thence S35°17'25"E a distance of 28.67 feet to a point; thence N04o08'56"E a distance of 6.53 feet to a point; thence N19o43'32"W a distance of 18.37 feet to a point; thence N30"42'28"E a distance of 467.34 feet to a point; thence S78"27'32"E a distance of 15.47 feet to the point of Beginning. i i ii i iii i i ii i ~ ~.. ~ NOW OR FORMERLY LASKIN ROAD .,~,~ Q.~)/ ~' JOHN DAVID MATTHEWS JR, / j ~ ~~r ~ ~ D.a. 1529, P. 369 ~ ~ ~/N ~~' ~- --~ 5.42 s~:~-=5o.' ' .... .~,~.~~~ / ,.s~ '~ ~/ ~ ~ ~o ~ ---, -- %~ ~' , ~~~V~(C~ / GPIN NUMBER 2418-91-2542 ~ , ~_~ ~ ' ~ .~ ~T~'~'/~~z5~'~w ~ ~ ~ ~ 39.49 ~' q ~¢z~ ~, ~ ~ t /~~ / / ,~ / / A PO ON OF AVENUE ~/' ~L._ ~'~., TO BE CLOSED AND VACATED Z~.- ///'~--;;~ NUUBER E~S D~ELOP~E~, INC. / ~ / / ~~,.--A- N I ' CU~ T~LE . , / ~_ 0.~ ~DUS ~LENGTH CH.B~RING ~ DELTA / ~ // ~~~~ clr773.50, [ 109.30, N3~30'28"E b~05'4~ /~ /1 ~~~~~~ C2 ~100.00' ~ 41.66' S8~08'25"E .2~52'~ ~ -- ~-~~~~~, C3 25.00': 24',63' N7~34'O4"E '5~27'0¢ . ~ ~ m ~~m~~ '~]~. C4 322.41' ;" 36.27' N5~33'52"E ~.0~26'45" ' ~ -.,~.~ >~ , , , . , . ~ ~, No ~ C5 531.26 24.81 S3~17 43 W OZ40 ~ ~[ 136~ ~. C6 526.26' 12.39' S34'31'~3"'W 01'20'55' '~ //-~.~ ~' C7 684.46' 43'.98' N21'O4'10"E 0~40'5~ ~~,& ~% ' ~ ~~ :: C8 684.46' 86,27' S1~10'02"W 07~'3'1~ ~o~,.io~ co~o~,.o= -~- [ngineers,Su~eyors,Planners and Landscape Archifecfs ii lit ii i ii i i iii -x -x- ~ u< ~-~ I I [ i 9; 68-2-; ; 1-2- 95 ii i i i i i i ii CURVE TABLE ~ , NO. RADIUS LENCTH Crt.BEARING DELTA C1 773.50' 109.30' N38'30'28"E 08'05'47" C2 100.00' 41.66' S86'08'25" E 23'52'CJ7" , ,, C3 25.00' 24,63' N77'34'O4"E 56'27'09" ,, C4 322.41' 36.27' N52'33'52"E 06'26'45" , C5 531.26' 24.81' S32'17'43"W 02'40'34" 'C6 526.26' 12.39' S34'51'4J3"'W 01'20'55" · , C7 684.46' 43.98' N21'O4'10"E 05'40'53" , , ,, C8 684.46' 86,27' S15'10'02"W 07'13'17" , Item CONSENT AGENDA ITEM # 40124 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to Charge-Off delinquent accounts of the Departments of Public Utilities, Public Works, Police, Mental Healtt~ Planning and Development Services totaling $364,635.09. Voting: 10-0 (By Consent) Council Members Voting .dye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: ~Vone Council Members Absent: December 5, 1995 AN ORDINANCE TO CHARGE-OFF DELINQUENT ACCOUNTS WHEREAS, it is standard accounting procedure to allow for a charge-off 4 of uncollectible accounts, and WHEREAS, an earnest and diligent effort has been made by city departments to collect their overdue accounts, and WHEREAS, the following accounts which total $364,635.09 are deemed 8 to be uncollectible' 9 10 11 Public Utilities. FY90-91 Water Usage/Sewer Maint. Bills ............ $327,675.80 Invoices for Services and Inspections ............ 10,197.28 12 13 14 15 Public Works. Traffic .................................. 9,770.42 Waste Management/Refuse ....... 10,439 03 Highways and Highway Inspections .................. 975.70 16 Police' 17 Administration .................. 146.48 18 Animal Control ...................... 1,572.00 19 False Alarms ......................... 3,475.00 20 Mental Health .......................... 157.88 Planning .............. 143 O0 22 Development Services ............................. 82.50 23 TOTAL $364,635.09 24 NOTE: 25 The individual invoices are available for City Council review. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA, that $364,635 09 of accounts receivable as 28 represented above to be charged-off as uncollectible accounts as of June 30, 1995 29 30 5 day of F:\USERS\PLEJEUNE\FORMS\CHARGEOF.ORD Adopted by the City Council of the City of Virginia Beach, Virginia on the December ,1995. D~PA~TMENf 7kP'"?,ov,r'D AS TO LEGAL SUFFICIENCY AND FC. RM - 29 - Item IV-L. PUBLIC HEARING ITEM # 40125 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. OIL EQUIPMENT PROPERTIES MODIFICATION TO THE GREEN RUN LAND USE PLAN 2. BECO CONSTRUCTION, INC. STREET CLOSURE 3. FIRST ASSEMBLY OF GOD CHURCH CONDITIONAL USE PERMIT 4. C & C DEVELOPMENT, LJ..C. CHANGE OF ZONING December 5, 1995 - 30 - Item IV-L. PUBLIC HEARING ITEM # 40126 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED in ONE MOTION Items 2 and 3 of the PLANNING BY CONSENT AGENDA. Voting: 9-0 Council Members l~'oting Aye: John A. Baum, Robert K~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, and Louis R. Jones December 5, 1995 - 31 - Item IV-L.I PUBLIC HEARING ITEM # 40127 PlaNNING Attorney Charles Salle; 192 Ballard Court, Phone: 490-3000, represented the applicant The following registered in OPPOSITION: Michael Spranger, Executive Director - Green Run Homes Association. Petitions containing 54 signatures in OPPOSITION are hereby made a part of the record. Edward G. Lape, 1589 Crescent Point Lane, Phone: 426-0063 Edward G. Jeneyck, adjacent resident. Upon motion by Councilman Dean, seconded by Council Lady Strayhorn, City Council DENIED Application of OIL EQUIPMENT PROPERTIES for a Mod(t~cation to the Green Run Land Use Plan: ORDINANCE UPON APPLICATION OF OIL EQUIPMENT PROPERTIES FOR A MODIFICATION TO THE GREEN RUN IMND USE PIMN TO ALLOW A CAR WASH Ordinance upon application of Oil Equipment Properties for a Modification to the Green Run Land Use Plan to allow a car wash on certain property located on the north side of Lynnhaven Parkway, 400 feet east of Windmill Point Crescent. Said parcel contains 1.33854 acres. PRINCESS ANNE BOROUGH. Voting: 9-1 Council Members Voting Aye: Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: John A. Baton Council Members Absent: Louis R. Jones December 5, 1995 - 32 - Item IV-L.2. PUBLIC HEARING ITEM # 40128 PI. JINNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED BY CONSENT, SUBJECT TO COMPLIANCE OF CONDITIONS WITHIN 180 DAYS (June 4, 1996), the Petition of BECO CONSTRUCTION, INC., for the q[i..$¢ontinuance, closure and abandonment of a portion of excess right-of-way. Petition of Beco Construction, Inc. for the discontinuance, closure and abandonment of a portion of excess right-of-way as shown on the plat entitled "Excess Right-of-Way Adjacent to Little Neck Road To be Closed for Beco Construction" on file in the Planning Department. Said parcel contains 1859 square feet. LYNNHAFEN BOROUGH. The following conditions shall be required. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to subdivide the property and vacate internal lot lines to incorporate the closed area into the proposed adjoining residential lot. The applicant is responsible for determining if any private utilities are located within the area proposed for closure and working with the private utility companies to provide any necessary easements. With the construction of the proposed cul-de-sac, the applicant shall remove any curb and pavement existing in the right-of-way proposed for closure. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council (4 June 1996). Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members }toting Nay: None Council Members Absent: Linwood O. Branch, III, and Louis R. Jones December 5, 1995 Item IV-L.3. PUBLIC HEARING ITEM # 4O129 PI. alNNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED Ordinance upon application of FIRST ASSEMBLY OF GOD CHURCH for a Condigonal Use Permit: ORDINANCE UPON APPLICATION OF FIRST ASSEMBLY OF GOD CHURCH FOR ,4 CONDITIONAL USE PERMIT FOR A CHURCH R011952003 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of First Assembly of God Church for a Conditional Use Permit .for a church on certain property located at the northeast corner of North Great Neck Road and Old Donation Parkway. Said parcel is located at 1000 North Great Neck Road and contains 18. 77 acres. LYNNHAVEN BOROUGH. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth Of December. Nineteen Hundred and Nine~_ -Five. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Robert lc Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy lC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, and Louis R. Jones December 5, 1995 - 34 - Item IV-L.4. PUBLIC HEARING PLANNING ITEM # 40130 The following spoke in SUPPORT of the application: Attorney Eric ,4. Hauser, Clark and Stant, P.C., 900 One Columbus Center, Phone: 499-8800, represented the applicant. Helen Bessel, representing C & C Development, presented the site plan ,4ttorney R. Edward Bourdon, Pembroke One 5th Floor, Phone: 499-8971, represented the Glenwood Homes `4ssociation, Susan Cotthaus, 1404 Weyburn Court, Phone: 467-4184, resident of Glenwood Subdivision. Daniel A. Baxter, 2001 Drumneller Court, Phone: 495-7224, Vice President Glenwood Homeowners Association. Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinance upon application of C & C DEVELOPMENT, L.L.C., for a Change of Zoning District Classification: ORDINANCE UPON APPLIC`4TION OF C & C DEVELOPMENT, L.L.C. FOR `4 CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD -H2 TO B- 1 ZO129514 76 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance of C & C Development, L.L.D. for a Change of Zoning District Classification from PD-H2 Planned Unit Development District to B-1 Neighborhood Business District on certain property located at the northeast corner of Independence Boulevard and Round Hill Drive. the proposed zoning classification change to B-1 is for limited commercial land use. The Comprehensive Plan recommends use of this parcel for single family residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 5.4 acres. KEMPSVILLE BOROUGH. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. NOTED CONCERN THAT THERE BE NO DRIVE-THRU WINDOWS SELLING ALCOHOL. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth of December. Nineteen Hundred and Ninety-Five. December 5, 1995 Item i~-L.4. PUBLIC HEARING ITEM # 40130 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John .4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members l~oting Nay: None Council Members .4bsent: Louis 1~ Jones December 5, 1995 FORM NO P 5 lib OUR NI1,1 ~0~1 City of Virginia Beach INTER-OFFICE CORF, ESPOht ENCE In Reply Refer To Our File No. DF-95-3940 · DATE: November 30, 1995 TO: FROM: Leslie L. Lilley DEPT: City Attorney William M. Macali~~X DEPT: City Attorney Conditional Zoning Application C & C Development, L.L.C./R.G. Moore Building Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 5, 1995. I have reviewed the subject proffer agreement, dated September 27, 1995, 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. WM / Enclosure R. G. MOORE BUILDING CORP., a Virginia corporation and C & C DEVELOPMENT, L.L.C, a Virginia limited liability company TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27th day of September, 1995, by and between R. G. MOORE BUILDING CORP., a Virginia corporation, Grantor, of the one part, CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, of the other part, and C & C Development, L.L.C., a Virginia limited liability company ("C & C"), to be indexed as grantor; WITNESSES THAT: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to rezone the Grantor's property, containing 5.4± acres, from PD-H2, with an underlying R- iO Residential to B-1 Neighborhood Business District (Conditional), on certain property located at the northeast intersection of Independence Boulevard and Roundhill Drive, Kempsville Borough, in the City of Virginia Beach, Virginia; said property being referred to hereinafter as the "Property," and being shown as Parcel 1, Rite Aid, 2.3± Acres; Parcel 2, Day Care, 1.1± Acres; Parcel 3 consisting of Neighborhood Commerce Center and Open Space, a total of 2.0± Acres, as shown on that "Land Use Plan" dated September 26, 1995 ("Land Use Plan"), said exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including day care and retail purposes, through zoning and other land development · legislation; and WHEREAS, the Grantor acknowledges that in order to recognize the effects of change, and the need for various types of uses, including day care and retail uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the B-1 zoning classification are needed to cope with the situation which the Grantor's proposed development gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-1 zoning district or zone by the existing overall City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive · implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; and WHEREAS, C & C has entered into a contract with Grantor to purchase the Property and joins in the execution of this Agree- ment to evidence its consent to the provisions hereof. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, 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 or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and · persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title, namely: 1. The following uses shall be the only uses permitted for that portion of the Property labeled "Rite-Aid" and "Neighborhood Commerce Center" as shown on the Land Use Plan: (a) Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises; (b) Business studios, offices, and clinics; (c) Child care and child care education centers; (d) Drugstores, beauty shops and barbershops; (e) Eating and drinking establishments without drive-through windows, except those that serve alcoholic beverages; (f) Financial institutions; (g) Florists, gift shops and stationery stores; (h) Laundry and dry cleaning agencies; (i) Medical and dental offices; (j) Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings. Those uses permitted by this section that require a conditional use permit from City Council shall continue to require a conditional use permit, and City Council, by accepting this proffer, does not automatically grant the right to place conditional uses within the Property. 2. The following uses shall be the only uses permitted for that portion of the Property labeled "Day Care" and "Open Space" as shown on the Land Use Plan: (a) child care centers; and (b) child care education centers. Those uses permitted by this section that require a conditional use permit from City Council shall continue to require a conditional use permit, and City Council, by accepting this proffer, does not automatically grant the right to place conditional uses within the Property. 3. No vehicular ingress or egress shall be permitted from the Property to any adjacent Residential District. 4. The interior roadways and parcel configurations and all points of ingress and egress to Roundhill Drive and Independence Boulevard shall be in substantial conformity with the configurations designated on the "Master Plan" dated September 26, 1995, prepared by Langley and McDonald, P.C., said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach ("Master Plan"). Except as shown on the Land Use Plan, there shall be no vehicular ingress or egress to Independence Boulevard. 5. Grantor shall construct berming and landscaping on the Property substantially as shown on the landscape plan entitled "Conceptual Landscaping Plan" dated September 26, 1995 and prepared by Langley and McDonald, P.C., said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of ~irginia Beach. 6. Free standing signs located on the Property shall all be of a monument type design substantially similar to that depicted in the attached exhibit entitled "Conceptual Sign Plan" dated September 26, 1995 ("Sign Plan"), said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach. The monument style freestanding sign located at the entrance to the Property on Independence Boulevard shall be similar in design to the sign depicted on the Sign Plan but not identical in order to facilitate tenants within the area shown as "Neighborhood Commerce Center" on the Master Plan. 7. Lighting installed along the northern and eastern boundaries of the Property shall be either directed inwardly toward the Property, or if mounted on the exterior of the buildings, shielded so as to prevent any direct reflection toward the adjacent Residential Districts. In addition, the truck loading areas and dumpster areas shall be located substantially as shown on the Master Plan. 8. The exterior of the buildings shown on the Master Plan shall be substantially similar in appearance to the architectural renderings dated September 26, 1995 ("Rendering"), prepared by Williams, Tazewell and Associates, said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach. The architectural style and the building materials to be used in the construction of the buildings on the parcels denoted as Rite-Aid and Neighborhood Commerce Center on the Master Plan shall be substantially similar with the architecture and building materials used in Rendering. 9. The Grantor will install a pedestrian walkway substantially similar in width, materials and location as shown on that exhibit entitled Master Plan. 10. All improvements to be constructed by Grantor by the terms of this proffer shall be constructed in accordance with a phased construction plan more fully described "Phasing Plan" dated September 26, 1995, prepared by Langley and McDonald, P.C., said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach. It is recognized that further conditions may be required during the administration of applicable City ordinances and that there will be detailed site plan review to meet all applicable City codes. All references hereinabove to requirements and regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date of City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein. 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 insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all 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, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may 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 Grantor and Grantee. C & C, by its execution hereof, consents to the provisions of this Agreement and agrees that title to the Property shall be governed by the provisions of this Agreement. WITNESS the following signatures and seals. R. G. MOORE BUILDING CORP., a Virginia corporation ~y'~. C & C DEVELOPMENT, L.L.C., a Virginia limited liability company . Carr, Manager STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: for the State of Virginia at Large, do hereby certify that R. G. Moore, President of R. G. Moore Building Corp., a Virginia corporation, whose name is signed on behalf of the Grantor to the foregoing instrument, bearing date of the 27th day of September, 1995, has acknowledged the same before me in the city and state aforesaid. Given under my hand this ~~ day of October, 1995. Notary Public My commission expires STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: for the State of Virginia at Large, do hereby certify that James D. Carr, Manager of C & C Development, L.L.C., a Virginia limited liability company, whose name is signed on behalf of the company to the foregoing instrument, bearing date of the 27th day of September, 1995, has acknowledged the same before me in the city and state aforesaid. Given under my hand this ~~+~day of October, 1995. Notary Public My commission expires /~9 / ~ Il ~ ~ 19290006/proffer1-1. eah 10 - 36 - Item IV-M.I APPOINTMENTS ITEM # 40131 ADD -ON Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: FRANCIS LAND HOUSE BOARD OF GOVERNORS 3 Year Terms - 1/1/96 - 12/31/98 Glenda H. Knowles Emily Gill Mills Nonie W. Waller Voting: 8-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K. Dean, Louis R. Jones and Louisa M. Strayhorn December 5, 1995 - 37 - Item IV-M.2 APPOINTMENTS ITEM # 40132 ADD -ON Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: PENDLETON PROJECT MANAGEMENT BOARD 3 Year Term - 1/1/96 - 12/31/98 Charles M. Nash Voting: 8-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members l~oting Nay: None Council Members Absent: Robert K. Dean, Louis R. Jones and Louisa M. Strayhorn December 5, 1995 Item IV-M.3 APPOINTMENTS ADD-ON ITEM # 40133 Upon NOMIN,4TION by Vice Mayor Sessoms, City Council REAPPOINTED: RESORT AREA ADVISORY COMMISSION (RA,4C) 3 Year Terms - 1/1/96 - 12/31/98 Edwina L. Bergano Elizabeth ,4. Duke Robert L. Herman Eric W. Schwartz. Voting: 8-0 Council Members Voting Aye: John `4. Bautn, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members ,4bsent: Robert IC Dean, Louis R. Jones and Louisa M. Strayhorn December 5, 1995 - 39 - Item 1V-M.4 APPOINTMENTS ITEM # 40134 ADD -ON Upon NOMINATION by Vice Mayor Sessoms, City Councik VIRGINIA BEACH DEVELOPMENT CORPORATION (VBCDC) APPOINTED: 4 Year Terms - 1/1/96 - 12/31/99 Jack Helfant Maxine W. Lewis REAPPOINTED: 4 Year Term - 1/1/96 - 12/31/99 Ronald E. Proctor Voting: 8-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Nolte Council Members Absent: Robert K, Dean, Louis R. Jones and Louisa M. Strayhorn December 5, 1995 Item IV-M.$ APPOINTMENTS ITEM # 40135 ADD-ON Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: VOLUNTEER COUNCIL 3 Year Term - 1/1/96 - 12/31/98 Maw ~ Ru~o Voting: 8-0 Council Members l~'oting Aye: John ,4. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Nolle Council Members Absent: Robert IC Dean, Louis R. Jones and Louisa M. Strayhorn December 5, 1995 - 41 - Item IV-N.1. UNFINISHED BUSINESS ADD -ON ITEM # 40136 Council Lady Henley had advised during the last City Council Session of November 28, 1995, the General Assembly Joint Subcommittee H JR 656 (dedicated funding source for transit) would be meeting December 27, 1995. However, this meeting has been SCHEDULED for December 19, 1995. Council Lady Henley distributed a copy of her proposed resolution re HJR 656 to support a dedicated funding source re public transportation in the Hampton Roads Region. Council Lady Henley requested this Resolution be SCHEDULED for the City Council Session of December 12, 1995. December 5, 1995 Item fi-O, ADJOURNMENT ITEM tt 40137 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:15 P.M.. Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 5, 1995 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: December 5, 1995 B R C H R P E A PAGE: 1 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N I BRIEFINGS: A ECONOMIC DEVELOPMENT Leslie L IJIley, B AGRICULTURAL RESERVE PROGRAM W"~m M. Mac,~, Deputy II/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y IV/E SESSION F MINUTES - November 28, 1995 APPROVED 9-0 Y Y Y Y Y Y A A Y Y Y B S T A I N E D G AC.-~ FOR FORMAL SESSION ADOPTED/ 10-0 Y Y Y Y Y Y ^ Y Y Y Y ADDED MENTS I-FI/ PUBUC HEARINGS: 1 PROPOSED .a~MENDMENTS TO THE CHARTER OF THE CITY RE' a. ELECTED SCHOOL BOARD b OFFICE OF HIGH CONSTABLE 2 CITY'S 1996 LEGISLATIVE PACKAGE Removed Ec Dev for further J/1/a Resolutions to request General Assembly ADOPTED 10-0 Y Y Y Y Y Y ^ Y Y Y Y AMEND sect~orJ of the City Charter: Section 16.04 - Election of School Board b ADD New Section 20.03 - HIgh ADOPTED AS 10-0 Y Y Y Y Y Y ^ Y Y Y Y Constable REVISED 2 Resolution re C#y's 1996 Legislative ADOPTED/ 10-0 Y Y Y Y Y Y ^ Y Y Y Y Pm=kage/requeet General Assembly Deleted Delegation's support. Ec Dev Condemnat~n for further study K/1 ordnance to AMEND CIty Code ADOPTED 9-0 Y Y Y Y Y Y DELETING Section 21-123 re. tail gates 2 Ordinance re: Cooperativ® Agreement ADOPTED BY 10-0 Y Y Y Y Y Y ^ Y Y Y Y with Chesapeak®, Norfolk, Portsmouth, CONSENT Suffolk/VirginJ Beach re creatK~Voperation of South Hampton Road~ Di~ability Board/authoflze agreement 3 Ordnance to ACCEPT/APPROPRIATE a ADOPTED BY 10-0 Y Y Y Y Y Y ^ Y Y Y Y $45,533 Grant from U. S. Depart of CONSENT Justice to Pohce re Ine~ntives for law enfomement agencle~reimbur~ing aalary account~, CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 H I B T A S E S R DATE: December 5, 1995 B R C H R P E A PAGE: 2 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM// SUBJECT MOTION VOTE M H N N R Y S F R S N II II I 4 O~dtnance appointing vlewem in petition ADOPTED BY 9-0 Y Y Y A Y Y A Y Y Y Y of FL LEWI~ BOGG$ for CONSENT B closure/relocation ~t Ba~c= S Avenue/Southern r-o-w line of ~ T Road for EII~ Development, Inc. A (VIRGINIA BEACH BOROUGH). I N E D 5 Ordinance to Charge-Off delinquent ADOPTED BY 10-0 Y Y Y Y Y Y A Y Y Y Y accounts of Public UUiiUe~,~Public CONSENT Works/PoBcWMeneal Health/Planning/ L/1 OIL EQUIPBENT PROPERTE$ DENIED 9-1 N Y Y Y Y Y A Y Y Y Y Modification to Green Run Land Use Plan to allow car wash on Lynnhaven Parkway/ VV'~dmlll Point Cresce~ (PRINCESS ANNE BOROUGH). 2 Petition of BECO COI~TRUCTION, INC. APPROVED/ 9-0 Y A Y Y Y Y A Y Y Y Y ctosure of excess r-ow Adjacent to Little CONDITIONED Neck Road for Beoo Construct~n BY CONSENT (LYNNHAVEN BOROUGH). 3 FIRST ASSEMBLY OF GOD CHURCH APPROVED BY 9-0 Y A Y Y Y Y A Y Y Y Y CUP' Church at 1000 North Great Neck CONSENT Road (LYNNHAVEN BOROUGH). 4 C & C DEVELOPMENT, L.LC., COZ APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y from PD-H2 to B-1 at Independence PROFFERED Boulevard/Round Hal Drive (KEMPSVILLE BOROUGH). ADO APPOINTMENTS' F~IS LAND HOUSE BOARD OF 8-0 Y Y A Y Y Y A Y Y Y A GOVERNORS Reappointed' Gienda H. Knowles 3 Year Terms Ernay GIB M~ 1/1/96-12/31/9e Nonle W. Waller PENDLETON PROJECT MANAGEMENT 8-0 Y Y ^ Y Y Y A Y Y Y A BOARD 3 Year Term Reappointed: Charles M. Nash 1/1/g6-12J31/98 RESORT AREA ADVISORY 8-0 Y Y A Y Y Y A Y Y Y A COMMISSION (RAAC) Reappo~d' Ectwma L Bergano 3 Year Terms Elizabeth A. Duke 1/1/96-12/31/98 Robert L Herman Eric W. Schwartz VIRGINIA BEACH COMMUNITY 8-0 Y Y A Y Y Y A Y Y Y A DEVELOPMENT CORPORATION (Vl~,DC) Appointed' ,J~ck I-lelfant 4 Year Terms Max~ W L.ewJs 1/1/96-12/'31/99 Reappointed: Ronaid E Proctor VOLUNTEER COUNCIL 8-0 Y Y ^ Y Y Y A Y Y Y A 3 Year Term Reappointed: Mary C. Russo 1/1/96-12~1/98 M/N/ ADJOURNMENT 4.15 PM O PUBUC HEARING - CITY COUNCIL CHAMBER DECEMBER 12, 1~ - 2:00 PM RE: PROPOSED INCREASES IN FY 1995-1996 OPERATING BUDGET 1 AN ORDINANCE TO C14ARGE-OFF 2 DELINQUENT ACCOUNTS 3 WHEREAS, it is standard accounting procedure to allow for a charge-off 4 of uncollectible accounts, and 5 WHEREAS, an earnest and diligent effort has been made by city 6 departments to collect their overdue accounts, and 7 WHEREAS, the following accounts which total $364,635.09 are deemed 8 to be uncollectible: 9 Public Utilities: 1 0 FY90-91 Water Usage/Sewer Maint. Bills ............ $327,675.80 1 1 Invoices for Services and Inspections ................... 10,197.28 12 Public Worls: 1 3 Traffic ........................................... 9,770.42 1 4 Waste Management/Refuse .......................... 10,439.03 15 Highways and Highway Inspections ...................... 975.70 16 Police: 17 Administration ...................................... 146.48 1 8 Animal Control .................................... 1,572.00 1 9 False Alarms ....................................... 3,475.00 20 Mental Health ......................................... 157.88 21 Planning ................................................ 143.00 22 Development Services ....................................... 82.50 23 TOTAL 635.09 24 NOTE: 7he individual invoices are availablefor City 25 Council review. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA, that $364,635.09 of accounts receivable as 28 represented above to be charged-off as uncollectible accounts as of June 30, 1995. 29 Adopted by the City Council of the City of Vi 30 5 dav of December 1995. F:\USERS\PLEJEUNE\FORMS\CHARGEOF.ORD @IEP A@7 @Abk4 T. 'AP@'C@V;'.D A,-,@ TO LFGAL S@)FFiCic@l,4CY Ar@'D