HomeMy WebLinkAboutAPRIL 9, 1996 MINUTES
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"WORLD'S LARGEST RESORT CITY"
(IITY (@OLJN(Ill-
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH III, Virginia Beach Borough
ROBERT K. DEAN, Princess Anne Borough
W. W. HARRISON, JR, Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, kempsville Borough
281 I HAi@i B(Jli,i)IN@;
JAMES K SPORE, City Manager CITY COUNCIL AGENDA MIJNI(.IPAI. (:ENI bR
VIRGINIA BEACH, VIRGINIA 2,1451, @'(11
LESLIE L. LILLEY, City Attorney 81@ @21 @3113
RUTH HODGES SMITH, CMC/AAE, City Clerk April 9, 1996
I. CITY COUNCIL WORKSHOP - Conference Room - 9:00 AM
A. RESOURCE MANAGEMENT PLAN
1. FY 1996-1997 Operating Budget/CIP
2. FY 1997-2002 Capital Improvement Program
E. Dean Block, Director of Management Services
II. AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room - 1:00 PK
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Rabbi Elliott M. Marmon
Temple Emanuel
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 April 2, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. ORDINANCES
1. Ordinance to ACCEPT and APPROPRIATE a $24,854 Grant from the
State Department of Environmental Quality to the General
Services Department FY 1996-1996 Operating Budget re
enhancement of the City's Clean Community Program; and, the
estimated revenue from the Commonwealth of Virignia be
increased accordingly.
2. Ordinance to ACCEPT and APPROPRIATE a $26,817 Grant from the
Commonwealth of Virignia, Department of Criminal Justice
Services, to the Virginia Beach Police Department FY 1995-1996
Operating Budget re enhanced services related to domestic
violence; and, estimated revenue from the Commonwealth of
Virginia be increased accordingly.
3. Ordinance to authorize the City Manager to execute a Lease
Agreement with Michael I. Ashe for office space re the
administration and operations of Parking Systems Management.
Deferred April 2, 1996.
4. Ordinance appointing viewers in the petition of Sanford M. and
Laurel E. Rosenberg for the closure of a portion of a 15'
alley adjoining Lots 6 and 18 of Block 20 in Croatan Beach
(LYNNHAVEN BOROUGH).
5. Ordinance to authorize License Refunds in the amount of
$3,879.02.
6. Ordinance to authorize Tax Refunds in the amount of
$17,578.52.
J. PUBLIC HEARING - PLANNING 3:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. RECONSIDERATION TO MODIFY CONDITIONS in the January 19, 1988,
approved Application of MARIE T. LAMB for a Chance of Zoning
District Classification from R-8 Residential District to A-1
Apartment District for LYNN LTD. at the Southwest corner of
Bonney Road and Kenley Road (4973 Bonney Road), containing 7.8
acres (KEMPSVILLE BOROUGH).
Referred Back to Planning Commission: March 26, 1996
Recommendation: APPROVAL
2. RECONSIDERATION TO MODIFIY CONDITIONS in the May 4, 1987,
Approved application of NORMAN E. and BARBARA B. WARD and
PROFESSIONAL PRINTING CENTER, INC. for a Change of Zoning from
O-1 Office District to B-2 Community Business District for
NORMAN E. and BARBARA B. WARD to allow the repair and
restoration of furniture at 5032-5034 Rouse Drive (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
3. Application of EUROPEAN AUTOWERKS, INC. for a Conditinnal Use
Permit for an automobile repair garage on the South side of
Virginia Beach Boulevard, 530.80 feet West of Toy Avenue (5461
Virginia Beach Boulevard), containing 37,897 square feet
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
4. Application of D. W. GATLING, INC., T/A ALLSAFE SELF STORAGE
for a Conditional Use Permit for mini-warehouses on property
located at the Northeast corner of Bonney Road and South
Kentucky Avenue, containing 2.7163 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
5. Application of CENTRAL CHURCH OF CHRIST for a Conditional
Permit for a church on property located on the South side of
Shell Road beginning at a point 900 feet more or less East of
Cullen Road, containing 4.539 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
6. Application of DOMINION AUTO FINANCE for a Conditional Use
Permit for used auto sales on the South side of Shore Drive,
250 feet West of Independence Boulevard (5173 Shore Drive),
containing 1.22 acres (BAYSIDE BOROUGH).
Recommendation: DENIAL
7. Application of ADANAC SPORTS MANAGEMENT, LTD., for a
Conditional Use Permit for a recreational facility (ice
skating) at the Southeast corner of Atlantic Avenue and Laskin
Road (3003 Atlantic Avenue), containing 1.0331 acres (VIRGINIA
BEACH BOROUGH).
Recommendation: APPROVAL
8. Application for TARGET for a Conditional Change of Zoning
District Classification from R-5D Residential Duplex District
to Conditional B-2 Community Business District at the
Southeast corner of Princess Anne Road and Lynnhaven Parkway,
containing 19 acres (KEMPSVILLE BOROUGH).
Deferred for Thirty Days: February 27, 1996
Deferred Until 4/9/96: March 26, 1996
Recommendation: DENIAL
9. Application in the behalf of the CITY OF VIRGINIA BEACH for
the discontinuance, closure and abandonment of a portion of
Atlantic Avenue beginning at the Southern boundary of Cavalier
Drive and running in a southerly direction a distance of 450
feet more or less, containing 21,938 square feet (VIRGINIA
BEACH BOROUGH).
Deferred Indefinitely: August 22, 1995
Approved for Compliance by 4/9/96: October 3, 1995
Staff Recommendation: DEFERRAL FOR SIXTY DAYS
K. APPOINTMENTS
MEDICAL COLLEGE OF HAMPTON ROADS
VIRGINIA BEACH SCHOOL BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
FY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGWM SCHEDULE
Date Time Place
Council Workshp Thursday, April 11 4PM - 6PM Conference Room
Council Workshop (Special Workshop) Tuesday, April 16 lPM - 4PM Conference Room
Public Hearing Thursday. April 18 7PH Larkspur Middle School
Council Workshop Tuesday. April 23 3PM - 6PM Conference Room
Council Workshop (Special Workshop) Thursday, April 25 ipm - 5pm Conference Room
Public Hearing Thursday. May 9 2PM City Council Chamber
Reconciliation Workshop Thursday, May 9 Following Council Session Conference Room
mm
Adopt Budget & C.I.P. Tues May 14 2pm City Council Chamber
CITY COUNCIL SESSION TUESDAY, MAY 7, 1996
RESCHEDULED TO
THURSDAY, MAY 9, 1996 2:00 PM
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
04/05/96BAP
AGENDA\04-09-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 9, 1996
Vice Mayor William D. Sessoms, Jr. called to order the CITY COUNCIL WORKSHOP re RESOURCE
MANAGEMENT PLAN: FY 1996-1997 Operating Budget/FY 1997-2002 Capital Improvement
Program fOr the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall
Building, on Tuesday, April 9, 1996, at 9:00 A,M.
Council Members Present.-
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent.-
Mayor Meyera E Oberndorf [RECUPERATING FROM SURGERY]
Robert K Dean [ENTERED: 9.-12 A.M.]
William W Harrison, Jr. [ENTERED: 11:25 A.M.]
Louis R Jones [ENTERED: EXECUTIVE SESSION
12:35 P.M.1
Louisa M. Strayhorn [ENTERED: 9:20 A.M.]
- 2 -
AGENDA REVIEW SESSION
11:50 AM.
ITEM # 40619
Council Lady Parker inquired relative:
I2. Ordinance to ACCEPT and APPROPRIATE a $26,817 Grant
from the Commonwealth of Virginia Department of Criminal
Justice Services, to the Virginia Beach Police Deparonent FY
1995-1996 Operating Budget re enhanced services related to
domestic violence; and, estimated revenue from the
Commonwealth of Virginia be increased accordingly.
The City Manager advised this appropriation is continuing to fund an existing program.
ITEM # 40620
Councilman Dean inquired relative the duties of the employees of the Parking Systems Management
Office during the winter months:
I3 Ordinance to authorize the City Manager to execute a Lease
Agreement with Michael I. Ashe for office space re the
administration and operations of Parking Systems
Management.
The City Manager advised the majority of the employees in the Parking Systems Office are part-time.
The employees come on line during the summer months. A very small staff exists the rest of the months.
Councilman Heischober inquired, who is responsible for monitoring the notice of leases, as this lease
requested a 180-day notice if not renewing. The City Manager advised Jim Lawson, Real Estate, has a
computerized listing of all leases, with General Services responsible for the space.
Councilman Dean inquired whether the plans were to continue to just rent facilities for the Parking
Systems Management. The City Manager advised an analysis will be performed relative building a new
space to house this office rather than continuing to rent.
ITEM # 40621
Council Lady Parker inquired relative the fund for beach access in Croatan:
L4. Ordinance appointing viewers in the petition of Sanford M.
and Laurel E. Rosenberg for the closure of a portion of a 15'
alley adjoining Lots 6 and 18 of Block 20 in Croatan Beach
(LYNNHAVEN BOROUGH).
Robert J. Scott Director of Planning, advised fundy collected for the fee simple title to these streets sold
to adjoining property owners, with instructions that said funds will be placed in a beach access fund.
The City Manager will provide the exact amount and what has been done with the fund, if anything.
April 9, 1996
- 3 -
AGENDA REVIEW SESSION
ITEM # 40622
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
Ll Ordinance to ACCEPT and APPROPRIATE a $24,854 Grant
from the State Department of Environmental Quality to the
General Services Department FY 1996 -1996 Operating Budget
re enhancement of the City's Clean Community Program; and,
the estimated revenue from the Commonnwealth of Virginia be
increased accordingly.
L2 Ordinance to ACCEPT and APPROPRIATE a $26,817 Grant
from the Commonwealth of Virginia, Department of Criminal
Justice Services, to the Virginia Beach Police Dpartment FY
1995-1996 Operating Budget re enhanced services related to
domestic violece; and estimated revenue from the
Commonwealth of Virginia be increased accordingly.
L3 Ordinance to authorize the City Manager to execute a Lease
Agreement with Michael I. Ashe for office space re the
Administration and operations of Parking Systems Management.
L4 Ordinance appointing viewers in the petition of Sanford M.
and Laurel E. Rosenberg for the closure of a portion of a 15'
alley adjoining Lots 6 and 18 of Block 20 in Croatan Beach
(LYNNHAVEN BOROUGH).
L5 Ordinance to authorize License Refunds in the amount of
$3,879.02.
L6 Ordinance to authorl-e Tax Refunds in the amount of
$17,578.52.
ITEM # 40623
This item will be discussed further during the Formal Session:
J I. RECONSIDERATION TO MODIFY CONDITIONS in the
January 19, 1988, approved Application of MARIE T. LAMB
for a Change of Zoning District Classification from R-8
Residential District to A-1 Apartment District for LYNN LTD.
at the Southwest corner of Bonney Road and Kenley Road
(4973 Bonney Road), containing 7.8 acres (KEMPSVILLE
BOROUGH).
April 9, 1996
- 4 -
AGENDA REVIEW SESSION
ITEM # 40624
Council Lady referenced the original prcffers:
J.2 RECONSDERATION TO MODIFIY CONDITIONS in the
May 4, 1987, Approved application of NORMAN E. and
BARBARA B. WARD and PROFESSIONAL PRINTING
CENTER, INC. forr a Change of Zoning from O-1 Office
District to B-2 Community Business District for NORMAN E.
and BARBARA B. WARD to allow the repair and restoration
of furniture at 5032-5034 Rouse Drive (KEMPSVILLE
BOROUGH).
Mr. Scott will provide a copy of the original agreement.
ITEM # 40625
Councilman Dean inquired relative enhancement of landscaping:
J.3 Application of EUROPEAN AUTOWERKS, INC. for a
Conditional Use Permit for an automobile repair garage on the
South side of Virginia Beach Boulevard 530.80 feet West of
Toy Avenue (5461 Virginia Beach Boulevard), containing
37,897 square feet (BAYSIDE BOROUGH).
ITEM # 40626
Councilman Dean inquired relative the condition:
J.4 Application of D. W. GATLING, INC., T/A ALLSAFE SELF
STORAGE for a Conditional Use Permit for mini-warehouses
on property located at the Northeast corner of Bonney Road
and South Kentucky Avenue, containing 2.7163 acres
(KEMPSVILLE BOROUGH).
Councilman Dean advised this application is located along the proposed light rail corridor. As there is
no City water, the Public Health Department needs to approve their deep well.
ITEM # 40627
Councilman Dean rquested the reason a BMP was not required on this site. Robert Scott advised the
application, once approved by City Council must go through site plan review. The detailed engineering
work will depict if a BMP is needed, then during site plan review, this BMP will be required.
J5 Application of CENTRAL CHURCH OF CHRIST for a
Conditional Use Permit for a church on property located on the
South side of Shell Road beginning at a point 900 feet more or
less Last of Cullen Road, containing 4.539 acres (BAYSIDE
BOROUGH).
April 9, 1996
- 5 -
AGENDA REVIEW SESSION
ITEM # 40628
Councilman Branch advised questions relative:
J. 7 Application of ADANAC SPORTS MANAGEMENT, LTD., for
a Condtional Use Permit for a recreational facility (ice
skating) at the Southeast corner of Atlantic Avenue and Laskin
Road (3003 Atlantic Avenue), containing 1.0331 acres
(VIRGINIA BEACH BOROUGH).
The City Manager advised if the Conditional Use Permit is approved, the following condition will be
required: Negotiations concluded and lease agreement executed by all parties within fourteen (14) days
of April 9, 1996.
Councilman Branch advised during negotiations, it was decided to remove Condition 1 "The entire
parking area must be paved". The City Manager advised significant funds would be expended paving the
parking area for a temporary facility. Once the temporary facility is removed, the City would have to tear
out the parking area and regrade.
Assistant City Attorney Gary Fentress advised there was a specified amount of monthly rental during the
Winter months (November - March) for the site, with an offset allowed for the amount of admission taxes
paid to the City. The business operation exceeded those expectations; therefore, there was not a cash
outlay for rent. The City is now anticiating extending the term through the Summer months. Historically,
the Development Authority received approximately $70,000 annually in rent for this property. The rent
compensates the Authority for funds lost in leasing the property for parking. The cash contribution will
be $70,000 annually and pro-rated for additional months. However, those terms, although agreed upon
verbally, have not been executed in the form of a lease agreement.
Councilman Dean advised this applicant is building a multi-million dollar complex adjacent to the
Regency Theaters and Entertainment project in Chesapeake. Councilman Baum advised this complex is
on former wetlands.
The City Manager reiterated the City is working with this gentlemen to erect a permanent facility in
Virginia Beach.
ITEM # 40629
BY CONSENSUS, the following item shall compose the PLANNING BY CONSENT AGENDA:
J.4 Application of D. W. GATLING, INC., T/A ALLSAFE SELF
STORAGE for a Conditional Use Permit for mini-warehouses
on property located at the Northeast corner of Bonney Road
and South Kentucky Avenue, containing 2.7163 acres
(KEMPSVILLE BOROUGH).
J5 Application of CENTRAL CHURCH OF CHRIST for a
Conditional Use Permit for a church on property located on the
South side of Shell Road beginning at a point 900 feet more or
less East of Cullen Road, containing 4.539 acres (BAYSIDE
BOROUGH).
J.9 Application in the behalf of the CITY OF VIRGINIA BEACH
for the discontinuance, closure and abandonment of a portion
of Atlantic Avenue beginning at the Southern boundary of
Cavalier Drive and running in a southerly direction a distance
of 450 feet more or less, containing 21,938 square feet
(VIRGINIA BEACH BOROUGH).
Item J. 9 will be DEFERRED FOR 60 DAYS (JUNE 11, 1996) BY CONSENT.
April 9, 1996
6
CITY COUNCIL CONCERNS
12:12 PM.
ITEM # 40630
Council Lady Parker inquired re coverage of police in the western part of the City as the majority of
police are deployed into the eastern portion of the City during the Summer months.
Council Lady Parker requested a Briefing relative the police manpower.
ITEM # 40631
Council Lady Parker referenced correspondence from Reservations Plus relative the bid process
following the discontinuance of the Anasazi Services Hotel Reservation Contract. The City Manager
advised a response is being prepared to their letter. The claims made in the letter from Reservations Plus
are not correct.
Vice Mayor Sessoms heard from several motel/hotel owners that this system did not work.
Councilman Dean suggested the hotels handle their own reservation system.
Councilman Branch advised if the calls to the 800 Number are to be converted into actual reservations,
then the issue is: Does the government or private sector perform this service? The hotels will pay a
commission fee to this entity for all reservations booked. The hotels/motels receive greater value for
advertising in the 1-800-Beach number.
Councilman Branch was concerned as to why some of the issues come before the City Council ie. Events
Contracts, and some do not. Councilman Branch did not understand the process in determining what
issues of this nature would be scheduled for City Council's consideration. Councilman Branch requested
a Briefing be scheduled relative this issue, its process and ranking.
The City Manager advised a policy report is being compiled.
ITEM # 40632
Council Lady Parker referenced correspondence from a disgruntled employee at the amphitheater relative
construction issues.
The City Manager distributed a copy of a letter to Bruce Moore, Reporter - WVEC TV 13, of April 5,
1996, relative his irresponsible coverage of the amphitheater project. It leads viewers to the false
conclusion that their safety could be in jeopardy when they visit the amphitheater, scheduled to open in
May. Quality controls are in place to guarantee the safety of the public is protected. The City's structural
consultants, engineers and inspectors did review the structure and reported the findings to Bruce Moore.
The footage featured on the news broadcast showed temporary steel braces, which will not be in place
when the facility is complete. Their only purpose is to hold the structure in place until the permanent steel
structure is welded and bolted in place.
ITEM # 40633
Council Lady Henley inquired relative time extension on Sandbridge bulkheads and correspondence from
Helen McDonald. The City Manager will advise. The homeowners had been notified, as they had failed
to comply or adequately respond to the notices to repair or remove the failed bulkheads. The homeowners
were to have an extension of time beyond the rendering of the Supreme Court's decision, if they indicated
to the City, they would abide by this decision.
The City Manager will provide a status report of the citizen's responses.
April 9, 1996
- 7 -
ITEM # 40634
Vice Mayor William D. Sessoms, Jr. called to order the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 9, 1996, at
12:25 PM.
Council Members Present.-
John A. Baum, Linwood O Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Nancy K Parker,
Louisa M. Strayhorn and Vice Mayor William D. Sessoms, Jr.
Council Members Absent.-
Louis P- Jones and Mayor Meyera E. Oberndorf
April 9, 1996
- 8 -
ITEM # 40635
Vice Mayor Williams D. Sessoms, Jr entertained a motion to permit City Council to conduct its
EXECUTIFE SESSION, pursuant to Section 21 -344, Code of Virginia, as amended for the following
purpose:
PERSONNEL MATTERS: 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
21-344 (A) (1).
To Wit: Appointments - Boards and Commissions:
Medical College of Hampton Roads
Virginia Beach School Board
Erosion Commission
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To - Wi t. Lake Gaston Water Supply Project
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
TO - Wit. Burton Station
Ferry Farm House
Upon motionn by Councilman Baum, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Deap; William W
Harrison, Jr., Harold Heischober, Barbara M Henio, Nancy K Parker,
Vice Mayor William D. Sesso?w, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Louis R Jones and Mayor Meyera E. Oberndorf
April 9, 1996
- 9 -
FORMAL SESION
PIRGINL4 BEACH CITY COUNCIL
@ 9, 19%
2:00 P.M.
Ywe Mayor IK@ D. Seswm, Jr called to order the FORMAL SESSION of the WAGVVL4 BF.4CH
CITY COUNCIL m the Council Chamber, City Hall Building, on Tuesday, April 9,1996, at 2:00 P.M.
Council M@rs Present.-
John A. Baum, Linwood 0 Branch, III, Robert K Dear; IKIIiam W
Iiarr@ Jr., Haroid Heischober, Barbara M Henley, Louis R Jones,
Nancy K Parker, ;rice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Absent
Mayor Meyera E. Oberndorf [RECUPERATING FROM SURGERY]
INVOC,4TION Rabbi Fllwtt m mannon
Tempk Emanuel
PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED STATES OF AMEJUCA
April 9, 1996
- 10 -
Item IV-E.
CERTIFICAITON OF
EXECUTIVE SESSION
ITEM # 4%36
Upon motion by Councilman Jones, seconded by Councilman Baum City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meetmg
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business mauers 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:
@n A. Ba@ Linwood 0. Branc,% III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E. Oberndorf
Ap?il 9, 1996
Resolution
tolt
CERTIFICATION OF EXECUNVE SESSION
VIRGINIA BEACH CRFY COUNCIL
WHEREAS:'ME Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40635 Page No. 8 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certifleation 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.
RUfh Hodges gmith, CMC/AAE
City Clerk April 9, 1996
Item IV- F.].
MINUTES ITEM 4063 7
Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of April 2, 1996.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Robert K Dean, grilliam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P- Jones,
Nancy K Parker, Vice Mayor ;frilliam D. sessoms, Jr, and Louisa M.
Strayhorn
Council Members Voting Nay:
None
COuncil Members Absent
Mayor Meyera E Oberndorf
April 9, 1996
- 12 -
Item IV- G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 4%38
BY CONSENSUS City Council ADOPTED.,
AGENDA FOR THE FORMAL SESSION
April 9, 1996
- 13 -
Item IV-L
CONSENT AGENDA ITEM # 40639
RESOLUTION/ORDINANCES
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council APPROVED in one
motion Ordinances 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA.
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, Louis R Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
Vice Mayor Sessoms ABSTAINED on Item I3 as he is an employee of Central Fidelity Bank and they
do business with the landlord.
April 9, 1996
- 14 -
item IV-LI.
RESOLUTIONIORDINANCES ITEM # 40640
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $24,854 Grant from the
State Department of Environmental Quality to the General Services
Department FY 1996-1996 Operating Budget re enhancement of the
City's Clean Community Program; and the estimated revenue from the
Commonwealth of Virginia be increased accordingly.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harr@, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent
Mayor Meyera E Oberndorf
April 9, 1996
1 AN ORDINANCE TO ACCEPR AND APPROPRIATE A GRANT OF $24,854 FROM THE
2 STATE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR ENHANCEMENT OF
3 THE CITY'S CLEAN COMMUNITY PROGRAM
4
5
6 WHEREAS, the Landscape Services Division of the Department of General Services is responsible for planning and
7 coordinating the Clean Community Commission's activities and various volunteer programs relating to litter prevention and
8 environmental awareness including Adopt-A-Programs, Earth Day, April activities, storm drain stenciling, and classroom
9 presentations to third graders;
1 0
1 1 WHEREAS, the Landscape Services Division of the Department of General Services estimated revenues to be received
1 2 from a grant from the State Department of Environmental Quality in the amount of $18,054 for its litter prevention and
1 3 environmental awareness programs which would not require matching funds, and this estimated revenue was appropriated with
14 the FY1995-96 operating budget for the Clean Community program which totaled $56,552; and
1 5
1 6 WHEREAS, the actual grant award from the State Department of Environmental Quality was $42,908 of which the
1 7 increase in revenue of $24,854 is unappropriated.
1 8
1 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
2 0 to accept and appropriate a grant totaling $24,854 from the State Department of Environmental Quality to the FY1995-96 Operating
2 1 Budget for the General Services Department.
2 2
2 3 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to increase
2 4 Estimated State revenue from the Commonwealth in the amount of $24,854.
2 5
2 6 This ordinance shall be effective from the date of its adoption.
2 7 Adopted by the Council of the City of Virginia Beach, Virginia on the Ninth day of
28 April 1996.
29
30 APPROVED AS TO CONTENT APPROVED IENCY AND FORM
31
32
33 DEPARTMENT OF MA@-0,EMENT AND BUDGET CITY ATTORNEY
34
35
-36 c:\budget\95-96\lscleaii.ord vol. 52 sgh
- 15 -
Ikm IV-K2
RESOLUTION/ORDINANCES ITEM # 40641
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $26,817 Grant from the
Commonwealth of Virginia, Department of Criminal Justice Services, to
the Virginia Beach Police Department FY 1995-1996 Operating Budget
re enhanced strikes related to domestic violence; and estimated
revenue from the Commonwealth of Virginia be increased accordingly.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A Baum, Linwood 0. Branc,% 111, Robert K Deat4 ;Klliam W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P- Jones,
Nancy K Parker, Vice Mayor Mrilliam D. Sessoms, Jr. and Louisa M,
&rayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
April 9, 1996
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE TO
2 THE VIRGINIA BEACH POLICE DEPARTMENT A $26,817
3 GRANT FROM THE COMMONWEALTH OF VIRGINIA,
4 DEPARTMENT OF CRIMINAL JUSTICE SERVICES, FOR
5 ENHANCED SERVICES RELATED TO DOMESTIC
6 VIOLENCE
7 WHEREAS, the Virginia Beach Police Department has been awarded $26,817 from
8 the Commonwealth of Virginia, Department of Criminal Justice Services, to provide
9 enhanced services relative to the Department's domestic violence unit;
I 0 WHEREAS, through use of the grant funds the Police Department will fund the
1 1 salary of one police officer for nine months and purchase training materials and
1 2 equipment for the purpose of educating business employees in the issue of domestic
1 3 violence; promoting understanding of the procedures, laws, and resources of domestic
1 4 abuse; assisting in the investigation of domestic violence complaints; and providing
1 5 training to the Department on domestic violence issues, and
16 WHEREAS, the grant requires an in-kind match of City funds, allowing currently
1 7 appropriated funds to serve as the match and not requiring additional cash from the
1 8 City;
1 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA, that $26,817 in grant funds be accepted from the
21 Commonwealth of Virginia, Department of Criminal Justice Services, and appropriated
22 to the FY 1995-96 Operating Budget of the Virginia Beach Police Department for the
23 purpose of providing enhanced services related to domestic violence, and that
24 estimated revenue from the Commonwealth of Virginia be increased by the amount of
25 the grant award.
26 This ordinance shall be effective on the date of its adoption.
27 Adopted by the Council of the City of Virginia Beach, Virginia, on the
28 9 Of April 1 1996.
APPROVED AS TO CONTENT:
Walte@Kraemer
Resource and Management Services Administrator
Department of Management Services
APPROVED AS TO
LEGAI.-
- 16 -
Item IV-L3.
RESOLUTIONIORD,VVANCES ITEM # 40642
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize the City Manager to execute a Lease Agreement
with Michael I. Ashe for office space re the administration and
operations of Parking Systems Management.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci% III, Robert K Deat4 William W
Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones,
Nancy K Parker and Louisa M. Strayhorn
Council Me4mbers Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D Sessona, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
Vice Mayor Sessoms ABSTAIAIED as he is an employee of Central Fidelity Bank and they do business
with the @lord.
April 9, 1996
I
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE A LEASE AGREEMENT WITH MICHAEL I. ASHE
3 FOR OFFICE SPACE FOR THE ADMINISTRATION AND
4 OPERATIONS OF PARKING SYSTEMS MANAGEMENT
5 WHEREAS, Michael I. Ashe is the owner an office building
6 located at 713 19th Street, Suite 102, in the City of Virginia
7 Beach, Virginia;
8 WHEREAS, the Parking Systems Management Office which
9 oversees six municipal parking lots, the parking meter operations,
10 all resort parking violations enforcement and the Residential
11 Parking Permit Program in the Resort Area requires replacement
12 office space in the Resort Area; and
13 WHEREAS, the Director of the Department of Public Works
14 recommends the City lease approximately 1, 665 square feet of office
15 space from Michael I. Ashe for the purposes referenced above and at
16 the location referenced above.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That the City Manager is hereby authorized to execute a
20 lease agreement in a form substantially the same as the attached
21 agreement between Michael I. Ashe and the City of Virginia Beach
22 regarding property at 713 19th Street, Suite 102, Virginia Beach,
23 Virginia.
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia, on the 9 day of April 1996.
26 CA-6256
27 ORDIN\NONCODE\ashe.ORD
28 R-1
29 03/21/96
30 0 D AS TO CONTENT:
31 C'.@@
32 ARTMENT Olr PUBLIC WORKS
33 APO GAL SUFFICIENCY
4:D AS TO LE
34
35 CITY ATTORNEYPS OFFICE
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated this 21st day of March , 1996, by and between
MICHAEL I. ASHE, hereinafter called "Lessor," and the CrrY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, hereinafter called "Lessee."
WITNESSETH:
That for and in consideration of the rent hereafter reserved, and the covenants contained
herein, the Parties agree as follows:
The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor,
the following described property, sometimes hereinafter referred to as the Leased Premises or
the Premises, to-wit:
713-19th Street, Suite 201, Virginia Beach, Virginia, comprising approximately
1665 square feet of Suite 102, as more specifically illustrated in a diagram
attached hereto as 'EXHIBrr A,' and to be constructed in accordance with the
letter agreement attached hereto as "EXHIBIT B"; both Exhibit "A" and "B" are
hereby incorporated as if fully set out herein as part of this Lease Agreement.
Whenever "EXHIBITS A and B" conflict with this Lease, this Lease shall be
controlling.
1. Term: Lessee to have and to hold the Premises for a term of five (5) years
commencing on the first day of May, 1996, and terminating at midnight, the end of the day of
April 30, 2001, on the terms and conditions as set forth herein. However, rent will not start
until suite is completely built out by Lessor and the Lessor receives Certificate of occupancy for
Lessee from City of Virginia Beach. If the suite is not ready on or before May 1, 1996, the five
(5) year lease term will begin after the Certificate of occupancy is given to Lessor.
2. Use and Possession: It is understood that the Leased Premises are to be used
by the City of Virginia Beach or its sub-parts for its related uses, and for no other purpose
without the prior written consent of Lessor. Lessee shall not use the Premises for any
unlawful purpose or so as to constitute a nuisance. Lessor will acknowledge upon occupancy
that the Leased Premises and all equipment and systems are in good condition. Lessee shall
maintain the Leased Premises and every part thereof in good repair and condition. At the
expiration of the term hereof, Lessee shall deliver the Leased Premises in good repair and
condition, ordinary wear and tear excepted.
3. Rent: Expressly subject to paragraph 24 referenced below, Lessee hereby
covenants and agrees to pay to the Lessor an initial annual base rent of NINETEEN
THOUSAND NINE HUNDRED EIGHTY DOLLARS ($19,980.00), payable in equal monthly
installments of ONE THOUSAND SIX HUNDRED SIXTY-FIVE DOLLARS ($1,665.00) for
the first twelve (12) month term of this Lease with a five percent (5 %) increase each and every
year thereafter for the original term of this Lease, payable in advance beginning on May 1,
1996, or as referenced in paragraph I of this Lease Agreement, and on the first day of each
month thereafter for the remainder of the term as illustrated, to-wit:
Months Annual Rent Monthly Rent End of Year 5 % Increase
1-12 $19,980.00 $1,665.00 $ 999.00
13-24 20,979.00 1,748.25 1,048.95
25-36 22,027.95 1,835.58 1,101.40
37-48 23,129.35 1,927.42 1,156.47
49-60 24,285.81 2,023.82 (renewal terms goes to 2 1/2% per year)
Rent shall be paid to Michael I. Ashe (713-19th Street, Suite 101, Virginia Beach, Virginia
23451. Lessee will pay Lessor a late charge of five percent (5 %) of any amount due hereunder
which is not received by or for the account of Lessor within thirty (30) days of the due date.
4. Notices: Any notices required to be served in accordance with the terms of this
Lease shall be in writing and served by certified mail, return receipt requested, or hand
delivered in person and duly acknowledged, as follows:
To Lessee: City of Virginia Beach
James C. Lawson
Office of Real Estate
Operations Building, Room 170
Nunicipal Center
Virginia Beach, VA 23456
2
To Lessor: Mr. Michael I. Ashe
713-19th Street, Suite 101
Virginia Beach, VA 23451
Any such notice served by certified mail as provided herein shall be effective upon mailing.
5. Ordinances and Regulations: The Lessee covenants and agrees to comply
with all laws, ordinances, rules and regulations of the City of Virginia Beach, Commonwealth
of Virginia or Federal government or any authority, board, commission or other at Lessee's sole
cost and expense, insofar as such laws, ordinances rules and regulations pertain to the use of the
Leased Premises. Lessor, at its sole expense, covenants and agrees to abide by, observe and
comply with all Federal, State, municipal laws, ordinances and regulations applicable to its
repairs, modifications or additions to the Leased Premises and common areas as may be required
by any of the laws, ordinances and regulations.
6. Hazardous Material: Ussor hereby represents and wan-ants to Lessee, that
to the best of Lessor's knowledge, without the requirement for independent investigation, no
Hazardous Material has been used, disposed of, or is located on or in either the buildings
constructed on the Premises or the soil and ground water on or under the Premises. L4essor
warrants that it has not or shall not use or cause to be used Hazardous Material on the Premises
and shall indemnify, defend and hold Lessee harmless from damages resulting from the
presence of Hazardous Material on the Premises, unless such presence was caused by Lessee.
"Hazardous Material" means petroleum products, asbestos, and any other hazardous or toxic
substance, material or waste, which is or becomes regulated by any local govemment's
authority, the State of Virginia, or the United States Government, whether originating from the
Premises or the Property or migrating, flowing, percolating, diffusing or in any way moving
onto or under the Premises or the Property. If Lessor learns of the existence of Hazardous
Material on the Premises, Lessor shall immediately disclose the nature of such Material to
Lessee. Lessor shall make reasonable efforts, at its sole cost, to remove or cause to be removed
said Material if in Lessee's judgment it detrimentally affects Lessee's occupancy. If Material
which detrimentally affects Lessee's occupancy is disclosed, and Lessor fails to remove such
3
material with reasonable promptness, Lessee shall have the right, at its sole option, to abate Rent
proportionately to the detrimental effect on Lessee's business or to terminate the @.
7. Services: Lessor will provide and pay for Lessee the City Water and Sewerage
for the Premises. Lessee shall provide and pay for all other utilities and janitorial services that
are provided for Lessee, such as Telephone and Virginia Power. Lessee shall be responsible
for any damages it causes to the Leased Premises including but not limited to the windows or
doors caused during the moving into or out of the premises. Lessor shall be responsible for any
normal maintenance and repairs, to include but not neces&,uy be limited to the heating, air
conditioning, plumbing and electrical systems for and in the Leased Premises. Lessor will pay
the costs of the trash removal and ordinary monthly alarm service fees in accordance with
Exhibit "B. 11
8. Parking: Lessee shall be allocated parldng space area in accordance with
Appendix "A," Section 203, item (24) of the Zoning Code of the City of Virginia Beach - AT
LEAST (1) SPACE PER 270 SQ. FT. OF FLOOR AREA.
9. Alterations: Lessee shall not make or suffer to be made any alterations,
additions or improvements to or of the Leased Premises or any part thereof without prior written
consent of Lessor, which consent the Lessor covenants and agrees shall not be unreasonably
withheld. In the event Lessor consents to the proposed alterations, additions, or improvements,
Lessee shall save and hold Lessor harmless on account of the cost thereoe If required by
Lessor, such alterations, additions, or improvements shall be removed by Lessee upon
termination or expiration of this Lease and Lessee shall repair any damage to the Premises
caused by such removal, all at Lessee's cost and expense. Lessor shall, at its costs 1) maintain
in good condition and repair and/or replace, if necessary, all structural members, exterior walls,
concrete slab floors, exterior paintings, roofs, exterior door frames, stairways, foundations,
heating, ventilating and air conditioning equipment, electrical wiring in the common areas, and
plumbing lines affecting, relating to, or in the common area, plate glass damaged by building
settlement or Lessor's neglect, and floor and ceiling files in the common areas; 2) maintain,
4
repair and/or replace when necessary all storm, sewage and drainage systems, other utility
facilities located in the common area, parldng lot areas, lighting and other common areas which
affect, relate to or benefit the Premises; 3) make all repairs or replacements necessary due to
or arising out of the negligence of Lessor, its agents or employees, or by reason of the breach
of the Lease by Lessor; 4) indemnify, protect, defend and hold Lessee harmless from all losses,
damages, liabilities, costs and expenses (including reasonable attorneys' fees and court costs)
which may occur, result from or arise out of the failure of Lessor to properly make required
repairs or perform maintenance; and 5) use its best efforts to enforce all warranties and
guaranties received in connection with the common area. Notwithstanding such efforts, Lessor
shall not be relieved from any obligations herein.
10. Signs: The Lessee will not place any signs or other advertising matter or
material on the exterior of the Leased Premises, on the building in which the Premises
are located, in the windows of the building, or on the grounds, parldng lot or common areas
thereof, without prior written permission of the Lessor. Lessee may place a conforming sign
on the face of the building announcing its agency name and purpose.
li. Quiet Enjoyment: The Lessor covenants that it has the full right and authority
to make this Lease, and agrees that Lessee, on paying said monthly rent and performing the
covenants herein, shall peaceably and quietly hold and enjoy the Leased Premises throughout the
term against the claims of anyone claiming by or through Lessor, subject only to the terms,
conditions, covenants and agreements set forth in this @se.
12. Lessor's Right to Inspect and Display: Lessor shall have the right to
enter the Leased Premises during normal business hours, after notifying Lessee, for the purpose
of examining or inspecting the Premises and of maidng such repairs or alterations as the Lessor
shall deem necessary. Lessor shall have the right at all reasonable hours to enter the Leased
Premises for the purpose of showing the Premises to prospective purchasers, and Lessor may
display "For Sale" and/or "For Lease," signs on the Premises. During the ninety (90) days
prior to the termination of this Lease, Lessor shall have the right to enter the Premises
5
at all reasonable hours for the purpose of showing the Premises to prospective tenants. Lessor
and its agents shall have the right to enter the Premises at any time in case of emergency.
13. Destruction of Premises:
(a) If during the term of this @, the Premises are damaged by fire, flood,
windstorm, strikes, riots, acts of public enemy, acts of God, or other casualty, so that the same
are rendered wholly unfit for occupancy and if said premises cannot be repaired within one
hundred eighty (180) days from the time of said damage, then this Lease shall terminate as of
the date of such damage. In such case, Lessee shall pay the rent apportioned to the time of
damage and shall immediately surrender the Premises to Lessor who may enter upon and
repossess the same and Lessee shall be relieved from further liability hereunder.
If any damage by any of the above casualties, rendering the Leased Premises
wholly unfit, can be repaired within one hundred eighty (180) days thereafter, Lessor agrees to
repair such damage promptly and this Lease shall not be affected in any manner except that the
rent shall be suspended and shall not accrue from the date of such damage until such repairs
have been completed.
If said premises shall be partially damaged by any of the above casualties as to be
partially unfit for occupancy, Lessor shall repair the premises promptly and during the period
from the date of such damage until the repairs are completed the rent shall be apportioned so
that Lessee shall pay as rent an amount which bears the same ratio to the entire monthly rent
as the portion of the premises which L4essee is able to occupy without disturbance during such
period bears to the entire premises. If the damage by any of the above casualties is so slight that
Lessee is not disturbed in his possession and enjoyment of the premises, then Lessor shall repair
the same promptly and in that case the rent accrued or accruing shall not abate.
(b) Insurance: Lessor is required to carry fire, casualty or extended coverage,
property damage, and liability insurance on the property for actions or omissions of the L4essor
but not for that of the Lessee. Lessor understands and agrees to waive requiring the Lessee to
provide insurance, in that the Lessee is self-insured.
6
Lessor's Insurance: Lessor shall maintain during the term such comprehensive
public liability insurance for the common areas in such amount as L4essor deems appropriate.
Lessor shall maintain during the term primary, non-wntributory insurance on the common areas
against fire, and extended coverage or "all-risk" insurance, in an amount equal to at lease ninety
percent (90%) of the full insurable replacement value of the common areas (excluding costs of
excavation, foundations and footings, and such risks required to be covered by Lessee's self-
insurance).
14. Condemnation: If during the term of this Lease or any renewal thereof, the
whole of the Leased Premises, or such portion thereof as will make the Premises
unusable for the purpose leased, be condemned or taken by public authority for public use, then,
in either event, the term hereby granted shall cease and come to an end as of the date of the
vesting of title in such public authority, or when possession is given to such public authority,
whichever event last occurs, upon such occurrence, the rent shall be apportioned as of such date
and any prepaid rent shall be returned to the Lessee. The Lessor shall be entitled to the entire
reward for such taldng except for any statutory claim of the Lessee for injury, damage or
destruction of Imsee's business occasioned by such taldng. If a portion of the Leased Premises
is taken or condemned by public authority for public use so as not to substantially affect the
purposed leased, this Lease will not be terminated but shall continue in such case, the rent shall
be equitable and fairly reduced for the remaining of the term in proportion to the square footage
of the Leased Premises taken. in no event shall the Lessor be liable to the Lessee for any
business interruption, diminution in use or for the value of an unexpired term of this Lease.
15. Assignment and Sublease: The Lessee covenants and agrees not to
encumber or assign this Lease or sublet all or any part of the Leased Premises without the
written consent of the L4essor, which consent the Lessor covenants and agrees shall not be
unreasonably withheld. Such assignment shall in no way relieve the Lessee from any obligations
hereunder for the payment of rent or the performance of the conditions, covenants and
provisions of this Lease. In no event shall Lessee assign or sublet the Leased Premises for any
7
term, conditions, covenants other than those contained herein. In no event shall this Lease be
assigned or assignable by operation of law or by voluntary or involuntary bankruptcy,
insolvency, or reorganization proceedings. Lessor shall not be liable for, nor shall the
Premises be subject to any mechanic's, materialman's or other type of liens, and Lessee shall
keep the Premises and property in which the Leased Premises are situated free from any such
liens and so covenants.
16. Holdover: It is further covenanted and agreed that if the Lessee or a permitted
assignee or sublessee shall continue to occupy the Leased Premises after the termination or
expiration of this @ (including a termination by notice under the terms of this Lease),
without prior written consent of the Lessor, acceptance of such rent by the Lessor after such
termination shall not constitute a renewal of this Lease or a consent to such occupancy, nor shall
it waive Lessor's right of reentry or any other right contained herein.
17. Subordination: Lessee's rights under this Lease are and shall always be
subordinate to the operation and effect of any mortgage, deed of trust, ground lease, assignment
of leases or other security instrument or operating agreement now or hereafter placed by Lessor
on or governing the Premises of the building or related improvements and land on which the
Leased Premises are located, or any part thereof. This clause shall be self-operative, and no
further instrument of subordination shall be required. In confirmation thereof, Lessee shall
execute such further assurance as may be required by Lessor or any mortgagee, trustee,
beneficiary, ground lease, assignment of leases or other security instruments. Lessee agrees to
execute all instruments requested by any such mortgagee, trustee, beneficiary, ground lessor or
assignee to confirm such subordination and the status and effectiveness of this Lease. Lessee
hereby agrees to recognize such successor as Lessor hereunder. Lessee agrees to execute all
instruments requested by such successors to confirm such agreement.
18. Indemnification: Lessor shall not be liable for any damage or injury to any
person or property whether it be the person or property of the Lessee, the Lessee's employee,
agents, guests, invitees or others because of fire, flood, windstorm, or Acts of God. To the
8
extent allowed by law, the Lessee agrees to indemnify and save harmless Lessor from and
against any and all loss, damage, claim, demand, liability, or expense by reason of injury to,
or death of, persons or damage to property which may arise or be claimed to have arisen as a
result of the occupancy or use of the Premises by the Lessee. Lp-ssor agrees to
indemnify, protect, defend and hold Lessee, its directors, officers, employees and agents,
harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities,
including but not limited to reasonable attorneys' fees and court costs, arising out of actual or
alleged injury to or death of any person or loss of or damage to property on or upon the
common areas.
19. Default: In the event the Lessee shall default in the payment of rent or any
other sums payable by the Lessee hereunder, and such default shall continue for a period of
seven (7) days or if Lessee shall abandon the Premises, of if the Lessee shall default in the
performance of any other covenants or agreements of this Lease and such default shall continue
for seven (7) days after written notice thereof, of if the Lessee shall become bankrupt or
insolvent or any debtor proceedings be taken by or against the Lessee, then and in addition to
any and all other legal remedies and rights, the Lessor may (i) declare the entire balance of the
rent for the remainder of the term to be due and payable and may collect the same by distress
or otherwise and Lessor shall have a lien on the personal property of the Lessee which is located
in the Leased Premises and in order to protect its security interest in the said property Lessor
may, without first obtaining a distress warrant, lock up the Leased Premises in order to protect
said interest in the secured property Lessor will mitigate damages by a bona fide effort to re-rent
the property or (ii) terminate this Lease and, after being legally authorized to do so, retake
possession of the Lp-ased Premises, or (iii) enter the Leased Premises and relet the same for a
term longer or shorter than the term of this @, for more or less space and for the same or
different purposes, without termination, in which event the Lessee covenants and agrees to pay
any deficiency after the Lessee is credited with the rent thereby obtained, less all repairs and
expenses including the expenses of obtaining possession, or (iv) Lessor may pursue any other
9
rights or remedies provided by law. Adoption of one or more of such remedies or rights shall
not necessarily prevent the enforcement of others concurrently or thereafter.
20. Commission: The Lessor and Lessee hereby recognize and covenant that there
are no brokers in this transaction and each agree to hold and to save the other harmless from any
claims therefor arising from their breach hereof.
21. Option: Lessee will have the option to exercise an option to renew for an
additional five (5) years under the same terms and conditions in this Lease, except that base rent
will increase by two and one-half percent (21/2 %) during each and every year thereof in lieu of
the five percent (5%) effective during each of the first five (5) years of this Lease.
22. Automatic Extension: Provided all installments of rent due have been paid
and all other terms and conditions of this Lease have been fully, completely and strictly
complied with, the initial term of this Lease shall automatically extend for another consecutive
term of five (5) years, unless Lessee shall deliver written notice to Lessor not less than one
hundred eighty (180) days prior to the expiration of any then current term of its intention to
terminate this Lease at the expiration of said then current term.
23. No Smoking: Lessor and Lessee acknowledge that the interior of the entire
premises at 713-19th Street is "smoke free," and agree and covenant to prohibit smoldng therein
and strictly enforce a "No Smoking" policy within the entire premises of the leasehold.
24. Non-Appropriation: Lessee represents that it intends to maintain this Lease
Agreement in effect for the full period set forth herein and to continue to use its best efforts to
appropriate sufficient funds to make all payments hereunder, subject to the remaining provisions
of this section. It is understood and agreed between the parties herein that Lessee shall be bound
and obligated hereunder only to the extent that the funds shall have been appropriated and
budgeted for the payments under this Lease. In the event that no funds are appropriated and
budgeted in any fiscal period for payments due under this Lease, Lessee shall immediately notify
the Lessor of such occurrence and this Lease shall terminate on the last day of the fiscal year
for which appropriation is received.
10
25. Preparation of Lease: This @ was prepared by both parties and it shall
not, in the case of any wnbiguity, be interpreted against or in favor of either party.
26. Time of Essence: Time is of the essence with respect to all terms of this
Lease.
27. Miscellaneous: This Lease shall bind and inure to the benefits of the
successors, assigns, heirs, executors, administrators and legal representatives of the parties
hereto.
The terms, lease, lease agreement or agreement, shall be inclusive of each other,
also to include renewals, extensions or modifications of this Lease.
Words of any gender used in this Lease shall be held to include any other gender.
Words in the singular shall be held to include the plural and the plural to include the singular,
when the sense requires.
The paragraph heading and titles are not a part of this @ and shall have no
effect upon the construction of interpretation of any part thereof.
If any clause or provision of this Lease is held to be illegal, invalid, or
unenforceable under present or further law, the remainder of this Lease shall not be affected
thereby.
No waiver of any covenant or condition of the Lease by either party shall be
deemed to imply or constitute a further waiver of the same covenant or condition or any other
covenant or condition of this Lease.
If more than one party signs as Lessee hereunder, the covenants, conditions, and
agreements herein of the Lessee shall be the joint and several obligations of each such party.
This Lease and the attached Exhibits "A" and "B" contain the entire agreement
of the parties and no representations, promises, or agreements, oral or otherwise, between the
parties not contained in this Lease shall be of any force or effect.
Neither this Lease nor any provision hereof may be changed, waived, discharged
or terminated except in writing executed by Lessee and Lessor.
11
28. Governing Law and Venue: This Lem shall be construed and governed by
the applicable laws of the State of Virginia in which the property is located. Venue of any suit
brought to enforce the terms of this Lease or arising from the rights, liabilities or obligations
set forth herein shall be founded in the court of competent jurisdiction of the City of Virginia
Beach.
IN S WHEREOF, Lessee and Lessor have executed this Lease as of the day
and year first above written.
LESSEE: CrrY OF VIRGINIA BEACH
By:
City Manager/Authorized
Designee 6f the City Manager
(SEAL)
ATMT:
Ruth Hodges Smith
City Cleri
SOR:
'Michael I. AW
Mitzi Ashe
STATE OF VIRGINIA
CrrY OF VIRGEWA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
1996, by , City Manager/Authorized Designee of the City
Manager, on behalf of the City of Virginia Beach, Virginia.
NoLuy Public
My comniission expires:
12
APPROVED AS TO
LEGAL SUFFICit-NCY
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
1996, by RUTH HODGES SMrrH, City Clerk, on behalf of the City of Virginia Beach,
Virginia.
Notary Public
My commission expires:
STATE OF VIRGINIA
CRFY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me thi y of
1996, by WCHAEL 1. ASHE and MRFZI
Notary Funiic
My commission expires:
13
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Policy Report
PARKING SYSTEMS MANAGEMENT OFFICE
LEASING OFFICE SPACE AND
RELOCATION TO RESORT AREA
BACKGROUND
The Parking Systems Management Office oversees the operation of six
municipal parking lots, the parking meter operations including
maintenance, repair, and collection of revenues, as well as the
Residential Parking Permit Program (RPPP) and all resort parking
violations enforcement. It is a $1.5 million per year operation.
Since the primary operations are in the Resort Area (only the
Sandbridge Lots are remote) the oversight of the operations is best
located in the Resort Area.
For the past four years the Department of Public Works Parking
Systems Management Office has performed its oceanfront operations
from an inadequately sized building located on the old Dome site at
20th Street and Pacific Avenue. With the development of the 19th
Street area and subsequent removal of the building, it will be
necessary to locate a replacement office to continue support of on
and off street municipal parking, meter enforcement/collections,
and the Residential Parking Permit Program decal and permit/pass
processing and related enforcement.
The need to secure replacement office space offers us an
opportunity to consolidate the resort parking operation and
relocate the Parking systems Management Office from the Municipal
Center to the resort area. This move would allow the Parking
Systems Management Office to better oversee, manage, and supervise
the parking operations. Additionally, by the assignment of the
Parking Systems Management Administrator to the resort area for
this purpose, he will also be available to assist as an on-site
coordinator for the many Public Works functions which occur in the
Resort Area.
The City Real Estate Office queried several local property
management and real estate offices concerning the availability of
Page 1
space and the costs. Only one responded, with a space far too
large. Subsequently, several spaces were identified which could be
leased. All but one was inadequate due to location, condition, or
due to size (too large).
CONSIDERATIONS
Operations:
1. The physical consolidation of parking administration with
operations will provide for a higher level of supervision of
staff and temporary employees, management of revenues, and
contract administration functions.
2. Collocating the Parking Systems Management Administrator and
the two contractors' supervisors responsible for meter
enforcement/collections and RPPP enforcement allows for more
effective supervision of contract labor utilization,
production, and subsequent billings to the City. it will also
provide for enhanced communication relevant to adjustments to
parking enforcement procedures.
3. The establishment of a Resort Area location for the Parking
Systems Management Administrator's office will result in a
convenient contact point for other City agencies operating in
the Resort Area to coordinate and allow them to assist in
follow up on the status of Public Works maintenance activities
in the Resort Area.
organization:
1. Consolidating the two current distribution outlets for RPPP
decals, passes, and business parking permits into one location
will enhance management responsiveness by moving
geographically closer to the majority of RPPP and parking
customers served annually. (Over 7,600 decals, permits, and
passes were issued in 1995).
2. Providing a Resort Area maintenance coordination service
convenient to the area, will enable distribution and
monitoring of work requests and improved coordination of
service delivery.
Legal:
The lease agreement for the proposed office space will be reviewed
and approved by the City Attorney's Office for legal sufficiency.
The lease agreement will be an attachment to the Agenda Request
seeking approval for the relocation/lease.
Page 2
Budgetary:
The Department of Management Services has supported the request f or
the lease of new office space and will include the related funding
in the FY1996-97 Budget submission. The Office of Real
Estate has identified proposed office space located at 713 19th
Street, Suite 102. The office space is approximately 1,665 square
feet. The first year's lease rate of $19,980 will be computed at
$12.00 per square foot and subsequently adjusted at a rate of 5%
per year over a five year lease period. Subsequent lease
extensions beyond five years will be adjusted at 2.5% per year.
The owner will make improvements to the leased space at no direct
cost to the City. The Office of Real Estate finds the lease to be
in line with the current market and has recommended approval.
Internal funding is available to initiate an early move-in of May
or June in order to coincide with the start of the seasons parking
operations.
Public Information:
The public will be informed of the relocation of Parking Systems
Management Office and the consolidation of the parking operation
through notices published in the Beacon and through correspondence
to Resort Area Civic organizations, 2nd Precinct citizen Advisory
Committee, Resort Area Advisory Committee, Resort Leadership
Council, Retailers Association, Hotel/Motel Association, and the
Restaurant Association.
Alternative Course of Action:-
1. Retain old building at the Dome site.
Cannot accommodate Parking Administration due to size.
Is to be demolished when site is developed.
Inadequate to conduct customer service issues.
It is an eyesore.
2. Build a new facility.
Cost is high
City land not available
Would not be ready for immediate use
3. Contract the entire parking operation.
Negate the need for any space in the Resort Area
Not feasible due to the inflexibility of contractual
obligations
High contract cost due to uncertainty of parking
development and lot availability
Page 3
4. Obtain space outside the Resort Area
Customer inconvenience
Potential for increased theft while transporting money
farther
Lost time transiting from administration area to work
area
Loss of hands-on supervision
5. Lease office in Resort Area
Provides consolidation of parking program
Convenient for RPPP customers
Projects quality image
Allows for more direct interfacing with parking
activities
6. Existing administrative office in Municipal Center.
Can be utilized to address overcrowded spaces occupied by
City staff
RECOMMENDATIONS
It is recommended that City Council approve the leasing of office
space in the Resort Area for Parking Systems Management and, the
City Manager be authorized to execute a lease agreement on behalf
of the City.
Subm@d by: Reviewed by:
Depar' ILe tor v City Manager
Date: Date:
Page 4
- 17 -
Item IV-L4.
RESOLUTION/ORDINANCES ITEM # 40643
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council ADOPTED:
Ordnance appointing viewers in the petition of Sanford M. and Laurel
E. Rosenberg for the closure of a portion of a 15' alley adjoining Lots
6 and 18 of Block 20 in Croatan Beach (LYNNHAVEN BOROUGH).
The Viewers are:
David M. Grochmal Director of General Services
Robert J. Scott Director of Planning
Ralph A. Swith Director of Public Works-
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Deap; William W
Harr@, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker, Vice Mayor William D. Sessona, Jr. and Louisa M.
Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent.
Mayor Meyera E. Oberndorf
April 9, 1996
ORDINANCE APPOINTING VIEWERS
WHEREAS, SANFORD M. ROSENBERG and LAUREL E. ROSENBERG have
given due and proper notice in accord with law, that they would,
on the 9th day of April , 1996, apply to the City
Council of the City of Virginia Beach, Virginia, for the
appointment of viewers to view the below-described portion of a
151 alley, in Lynnhaven Borough, in the City of Virginia Beach,
Virginia, and to report in writing to this Council whether, in
the opinion of said viewers, any, and if any, what inconvenience
would result from the discontinuance, closure and abandonment of
said portion of a 15' alley; and
WHEREAS, such application has been properly filed with this
Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia, that Robert J. Scott,
David M. Grochmal and Ralph A. Smith be,
and each of them is, hereby appointed to view that certain
portion of a 151 alley adjoining Lots 6 and 18, in Block 20,
Croatan Beach, Virginia Beach, Virginia, and said viewers shall
report in writing to this Council as soon as possible, whether,
in their opinion, any, and if any, what inconvenience would
result to the public from the discontinuance, vacation and
abandonment of said portion of a 15' alley.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 9 day of April 1996.
.rT@)..N It V AN AT I -kl I' l@
NOTICE
TAKE NOTICE of the intention of Sanford M. Rosenberg and
Laurel E. Rosenberg to apply to the City Council of the City of
Virginia Beach, Virginia, at a meeting thereof on April 9
1996, at 2:00 p.m., in Council Chambers, Municipal
Administration Building, Princess Anne, Virginia Beach, Virginia,
at which time affected persons may appear and present their
views, for the vacation of a portion of a 15' alley in Croatan
Beach adjoining Lots 6 and 18, Block 20, in Lynnhaven Borough of
the City of Virginia Beach, Virginia.
SANFORD M. ROSENBERG and
LAUREL E. ROSENBERG
GRON'l-'I@ (7. %VRI(ilIT..IR,
@@Ni) AT ll@ I-
"I@"( If 11.11'tN] I @
IN THE MATTER OF THE APPLICATION
OF SANFORD M. ROSENBERG and LAUREL
E. ROSENBERG FOR THE CLOSURE,
VACATION AND DISCONTINUANCE OF A
PORTION OF A 15' ALLEY IN LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA
PETITION
TO: The City Council of the
City of Virginia Beach,
Virginia
Your petitioners, the applicants, Sanford M. Rosenberg and
Laurel E. Rosenberg, hereby apply for the vacation, closing and
discontinuance of a portion of a 15' alley adjoining Lots 6 and
18, in Block 20, as shown on that certain survey made by Gallup
Surveyors and Engineers, Ltd., dated April 18, 1995, entitled
"Street Closure Plat for 15' Alley Adjoining Lots 6 and 18, Block
20, Croatan Beach, Lynnhaven Borough, Va., Beach, Virginia."
Your petitioners and applicants allege that no inconvenience
will result to the public by reason of said closure and ask that
Council appoint viewers as provided by law to view the said
portion of a 15' alley sought to be closed and report in writing
to the Council as to whether, in the opinion of the viewers, what
inconvenience, if any, would result from the discontinuance and
closure as herein sought, at which time the petitioners will ask
for passage of an ordinance vacating the portion of a 15, alley
sought to be closed herein.
On March 1 , 1996, and on March 11 1996, notice
of intention to apply for such vacation to the Council was
published as required by law in THE VIRGINIAN-PILOT, a newspaper
published or generally circulated in Virginia Beach, Virginia.
R up
s 6Z@
@lA@
M. osenberg
Laurel E. RosenPer-g'-
rover C 9
02 Paviiion
2101 Parks AV
Virginia Beac 23451
GRO','ER (7
.1 .@.14NEY II II IIIS I: I.@.I I k .1 fl@ I-
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Grover C. Wright, Jr., Attorney for Sanford M. Rosenberg
and Laurel E. Rosenberg, being first duly sworn, depose and
state:
1. That I am an attorney at law and represent Sanford M.
Rosenberg and Laurel E. Rosenberg.
2. That on fEBRUARY 19, 1996, I requested THE VIRGINIAN-
PILOT, a newspaper having a general circulation in the City of
Virginia Beach, Virginia, to publish on March 1 , 1996, and
Marrh 11 , 1996, notice of the presenting of the application
to close a portion of a 15' alley in Croatan Beach, Lynnhaven
Borough, Virginia Beach, Virginia.
And further this deponent saith not
h
,Subscribed and sworn to before me this d f
19946.
Notary Public
my commission expires: May 31, 1997
C,RON'l@R TR
O.." Ey 'k.111 I11. ISE1.1,1114 A@ ill' I'(@
STALLINGS AND RICHARDSON P.C.
ATTORNEYS AND COUNSELLORS AT LAW
2101 PARKS AVENUE
PAVILION CENTER SUITE 801
P.O. BOX 1687
VIRGINIA BEACH. VIRGINIA 23451-9687 TELEPHONE (804) 422-4700
MOODY E. STALLINGS, JR. FACSIMILE (804) 422,3320
JOHN W RICHARDSON
WILLIAM C. BISCHOFF OF COUNSEL
GREGORY KIM PUGH M. PEEBLES HARRISON
KEVIN E. MARTIN-GAYLE February 2, 1996
Leslie L. Lilley, Esquire
City Attorney
municipal center
Virginia Beach, Virginia 23456
RE: Certificate of Title
DESCRIPTION: Portion of a fifteen foot (15') alley
running between Lots 6 and 18, in Block Number 20, on
the map entitled 'Croatan Beach" recorded in map Book
24, at Page 37, in the Cler)es office of the Circuit
Court of the City of Virginia Beach, Virginia;
reference to which is hereby made.
Dear Mr. Lilley:
This office has performed an examination of the general
indices in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, of the property to which title is
vested in H. Glenn Gray, Jean M. Davis and HationsBank of
Virginia, N.A., Co-Trustees of the Family Trust created under
Paragraph B of Article V of the Last Will and Testament of Amelia
G. McLean, deceased, as described herein above. Said property is
subject to the following matters:
1. Easement for ingress and egress on, over and across
alley as shown on recorded plat of subdivision.
2. Rights or claims of parties in possession and easements
or claims of easements not shown by the public records, boundary
line disputes, overlaps, encroachments, and any matters not of
record which would be disclosed by an accurate survey and the
inspection of the premises.
3. Any lien, or right to a lien, for services, labor or
material heretofore or hereafter furnished, imposed by law, and
shown or not shown by the public records.
STALLINGS AND RICHARDSON
Leslie L. LilleY, Esquire
February 2, 1996
Page 2
4. Rights of tenants in possession under unrecorded
leases.
5. Possible outstanding interests, if any, of the spouse
of any individual insured.
This report reflects information revealed through June 26,
1995 at 8:00 a.m. No representation as to matters not shown in
the general indices to the land records in the Clerk's of f ice of
the Circuit Court of the City of Virginia Beach, Virginia is
hereby made, unless otherwise shown.
In the event that the captioned alley is closed by City
ordinance, the fee simple interest therein will vest in H. Glenn
Gray, Jean N. Davis and NationsBank of Virginia, Co-Trustees.
ours,
ardson
JWR/ttd
cc: Grover C. Wright, Jr., squire
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
SANFORD M. OSENBERG, et ux.
LAUREL E. ROSENBERG, et vir.
AN ORDINANCE VACATING AND DISCONTINUING A
PORTION OF A 15' ALLEY IN LYNNHAVEN BOROUGH,
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application of the
applicants, SANFORD M. ROSENBERG and LAUREL E. ROSENBERG, to be
presented to the CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, on the 9th day of April, 1996, for the
vacation of a portion of the hereinafter described alley in the
City of Virginia Beach, Virginia, was on the 1st day of
March , 1996, and on the 1lth day of March 1996,
duly published twice, with six days elapsing between the two
publications, in a newspaper published or having general
circulation in the City of Virginia Beach, Virginia, specifying
the time and place of hearing at which affected persons might
appear and present their views, in conformity with the manner
of proceedings for the vacation of a portion of the alley in
Croatan Beach; and
WHEREAS, said application was made to the City Council of
the City of Virginia Beach, Virginia, on the 9th day of
April 1 1996, and in conformity with the manner prescribed by
Code of Virginia, § 15.1-364, for the conduct of such
proceedings, the City Council of the City of Virginia Beach,
Virginia, on the 9th day of April , 1996, appointed
$ - and
, as viewers to view such street and
report in writing whether, in their opinion, any, and if any,
what inconvenience would result from discontinuing the same, and
said viewers have made such report to the City Council of the
City of Virginia Beach, Virginia; and
Lot 6, GPIN No. 2426-38-8836
Lot 18, GPIN No. 2426-38-9839
WHEREAS, from such report and other evidence, and after
notice to the land proprietors affected thereby, along the
portion of the alley proposed to be vacated, it is the judgment
of the City Council of the City of Virginia Beach, Virginia, that
these proceedings have been instituted, conducted and concluded
in the manner prescribed by Code of Virginia, § 15.1-364, that no
inconvenience would result from vacating and discontinuing the
portion of said alley, and that the portion of said alley should
be vacated and discontinued; and
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City
of Virginia Beach, Virginia,
1. That the following portion of an alley in Croatan Beach,
in the Borough of Lynnhaven, in the City of Virginia Beach,
Virginia, be, and the same is hereby, vacated and discontinued:
ALL that certain piece or parcel of land, situate,
lying and being in Lynnhaven Borough, in the City of
Virginia Beach, State of Virginia, being that portion
of a 151 alley designated 11151 Alley (Undeveloped)" on
that certain survey entitled "Street Closure Plat for
15' Alley Adjoining Lots 6 and 18, Block 20, Croatan
Beach, Lynnhaven Borough, Va., Beach, Virginia," dated
April 18, 1995, which plat is attached hereto and made
a part hereof and is to be recorded simultaneously
herewith, reference to which is hereby made for a more
particular description of said property.
2. A certified copy of this ordinance of vacation shall be
recorded as deeds are recorded and indexed in the name of the
City of Virginia Beach, Virginia, as grantor, and in the names of
Sanford M. Rosenberg and Laurel E. Rosenberg, as grantees, in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, at the expense of the applicants.
3. This ordinance shall be effective on the date of its
passage.
Certified to be a true and exact copy of an ordinance
adopted by the City Council of the City of Virginia Beach,
Virginia, at its regular meeting held on the - day of
1996.
TESTE: RUTH HODGES SMITH, CITY CLERK
By:
City Clerk
2
LEGAL DESCRIPTION
All that certain piece or parcel of land, situate, lying and
being in Lynnhaven Borough, in the City of Virginia Beach,
State of Virginia, being that portion of a 15, alley design
"151 Alley (Undeveloped)" on that certain survey entitled "Street
Closure Plat for 151 Alley Adjoining Lots 6 and 18, Block 20,
Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia," dated
April 18, 1995.
GL@ONIEI? (7.
ATTI)H.l@l@Y ANII CIII N.1-1.1.1114 AT I- 1;
I I I 1. II A @
62 1 03/17/96
L BILLED ACCT Al@gl:R INVC NV"@FA
OS2746404 2a&6-9300 r,26026001
@CIIYATTORN%A
CITY Of VIRGINIA
RILLED ACCOUNT
GROBER C. WRIGHT, JR.
JENCLOSED PAYMEP
2101 PARKS AVENUE
SUITE 802 PAVILION CENTER
VA BEACH VA 234SI *F-
issue GOITION INYC ;IBR DE$Cltlpyxom size GRISS ANT.
03/01/96 FULL 526(,;!SOOL ROSENBERG 2 X 0016 85.76
03/11/96 FULL S26(,;!8002 ROSENBERG 2 X 0016 85.76
TOTAL 171.52
NOTICE
I"( NOTICE of of @ M. wW Lw*
By G. C, WOet, J,
t L. VP 3it, 1 1, tg%
State of Virginia to-"it: AFFIDAVIT
City of Norf olk
This day Diane Curry personally appeared before me and after being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark
Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia
Beach, State of Virginia;
(2) That the advertisement hereto annexed at ROSENBERG has been published in
said newspaper during the following dates: 03/01/96 - 03/11/96
Affiant
Subscribed and sworn to before me in my city and state aforesaid this 17TH day of MARCH
1996
My commission expires DECEMBER 31, 1999
Notary Public
- 18 -
Ite,m IV-L5.
RESOLUTIONIORDRVANCES ITEM # 40644
Upon motion by Councilman Baum seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize license refunds in the amount of $3,879.02 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Deap; William W.
Harrison, Jr., Harold Heischober, Barbara M. Hen@, Louis P, Jones,
Nancy K Parker, Yzce Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Cowicil Meinbers Absent.
Mayor Meyera E. Oberndorf
April 9, 1996
NO. CA a @. 3m
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
L S A, Inc 1995 AUDIT 851. 62 851 .62
1215 Jefferson Davis Highwav S-1300
Arlinqton, Va. 22202
Munderly Antiques Shows, Inc 1995 AUDIT 53.(,2 53.62
Beverlv J. Muskat, President
1406 Camden Ave
Salisbury, Md. 21801
Needham Bros, Inc 94-(?5 AUDIT 167.07 167.07
2210 Beech street
Virainia Beach va 23451
Certified as to Paymenti
@ert P. Vaugha
Commissioner of the Revenue
Approved as to form:
@ -7@
@esli-e L. Liii-ey
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ l@072.31 were approved by the Council
of the City of Virginia Beach on the @ day of April '19 96
Ruth Hodges Smith
City Clerk
NO. CA 8 FEV. SW
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Uoense Date Base Penalty Int. Total
Year Paid
Thomas H. Addenbrook 93-94 AUDIT 259.23 259.23
T/A Addenbrook Vending
304 Westwood Circle
Virginia Beach, Va 23454
CBN Travel Inc 94-95 AUDIT 760.04 760.04
501 Front Street
Norfolk, Va. 23510
pmplo,7ment Services, Inc. 1995 )\UDIT 5P I. Fc, 5PI.6c)
T/A Expressway Printing
4455 South Blvd s-410
Virginia Beach, Va 23452
Hicks & Ingle Co. of Va., Inc. 1995 AUDIT 939.53 030.53
P. 0. Box 2404q5
Charlotte, Nc. 28224
Certified as to Payment:
o@rt P. Vaughan
Commissioner of the Revenue
Approved as to form:
@s ie' L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,540.49 were approved by the Council
9 April 96
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
@NO.CAO@.m
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicabons for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Refrigeration Suppliers, Inc
P. 0. Box 11185 1993 AUDIT ll).36 119.36
Norfolk, Va. 23517
Donald L. Small 94-95 AUDIT 56.00 56.r)o
T/A Southside Consultants
5500 Larry Ave.
Virginia Beach, Va 23462
Sun Ouarters, Inc 1995 AUDIT 00.86 no.86
T/A Tan Fast Tik XI
2205 Kendall Street
Virginia Reach, va 23451
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
@ekiie L7Lill@y
City Attorne@
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 266. 22 were approved by the Council
of the City of Virginia Beach on the9day of April 19 96
Ruth Hodges Smith
City Clerk
- 19 -
Ite,m rV-L6
RESOLUTION/ORDINANCES ITEM # 40"S
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize tax refunds in the amount of $17,578.S2 upon
application of certain persons and upon certification of the City
Treasurer.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker, Vice Mayor William D. Sessona, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
April 9, 1996
FOR.M N'
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Y ear of Tax Number tion No. paid
Divaris Property Mgmt 96 RE(1/2) 096423-2 1/4/96 225.64
Divaris Property Mgmt 96 RE(1/2) 096424-1 1/4/96 1,180.30
Divaris Property Mgmt 96 RE(1/2) 096418-9 1/4/96 104.15
Divaris Property Mgmt 96 RE(1/2) 096417-0 1/4/96 816.27
Divaris Property Mgmt 96 RE(1/2) 048577-7 1/4/96 3,510.02
Divaris Property Mgmt 96 RE(1/2) 003119-7 1/4/96 7.19
Divaris Property Mgmt 96 RE(1/2) 096422-3 1/4/96 211.82
Divaris Property Mgmt 96 RE(1/2) 096421-4 1/4/96 155.41
Ida M Malbon 96 RE(1/2) 074297-2 12/5/95 5.65
Fleet Reserve Assoc #166 96 RI--(1/2) 039181-4 11/14/95 118.80
Fleet Reserve Assoc #166 96 RE(1/2) 039182-3 11/14/95 511.79
Capstead Mortgage Corp 96 RE(1/2) 017510-2 12/5/95 661.81
Frederick M & Elizabeth Kovner 96 RE(1/2) 066610-8 12/31/95 128.74
Rommel M Calilung 96 RE(1/2) 017611-0 1/29/96 112.85
Rommel M Calilung 96 RE(2/2) 017611-0 1/29/96 100.98
Roger W Miller 96 RE(1/2) 017611-0 11/14/95 147.30
BancBoston Mortgage Corp 96 RE(1/2) 049872-7 11/24/95 11.41
Bimbo's Inc 96 RE(1/2) 014453-8 12/28/95 10.60
Walter J Jr & Patsy Moore 96 RE(1/2) 083629-2 11/28/95 71.28
Harbour Point Bldg Corp 96 RE(1/2) 050058-1 12/5/95 8,383.01
Earnest Jr & Valerie Gregory 95 RE(2/2) 046346-2 8/29/95 55.52
Frank R Baumann 95 RE(1/2) 007060-8 11/15/94 481.65
Frank R Baumann 95 RE(2/2) 007060-8 11/15/94 481.65
Pamela A Jones 91 pp 032941-4 2/29/96 78.68
Mary G Miskell 96 Dog V07590 1/16/96 2.00
Mary G Miskell 96 Dog V07591 1/16/96 2.00
Arlene Tillman 96 Dog V20275 1/22/96 2.00
Total 17,578.52
This ordinance shall be effective from date of adoption.
The above abatements totaling Ce
$17,57A@52 - were approved by
the Council of @e City of Virginia
Beach on the -day of __ April. 1996 @o
Approved as to form:
Ruth Hodges Smith
City Clerk
L si@ie L Lille
- 20 -
Item IV-J.
PUBLIC HEARING ITEM # 40646
PLANNING
Vice Mayor Sessoms DECLARED a PUBLIC HEARING on:
PLANNING
1. LYNN LTD. RECONSLOERA77ON TO
MODIFY CONDITIONS
(Marie T. Lamb appr. 1/19/88)
2. NORMAL E. AND BARBARA B. WARD RECONSIDERATION TO
AND PROFESSIONAL PRINTING CENTEX INC. MODIFY CONDITIONS
(appr. 514187)
3. EUROPEAN AUTOWERKS, INC. CONDITIONAL USE PERMIT
4. D. W. GATLING, INC. CONDITIONAL USE PERMIT
t/A ALLSAFE SELF STORAGE
5. CENTRAL CHURCH OF CHRIST CONDITIONAL USE PERMIT
6. DOMINION AUTO FINANCE CONDITIONAL USE PERMIT
7. ADANAC SPORTS MANAGEMENT, LTD. CONDITIONAL USE PERMIT
8. TARGET CONDITIONAL CHANGE
OF ZONING
9. CITY OF VIRGINIA BEACH STREET CLOSURE
April 9, 1996
- 21 -
it= IV-J.
PUBLIC HEARING ITEM # 40"7
PLANNING BY CONSENT
Upon motion by Councilman Harrison, seconded by Council Lady Henley City Council APPROVED IN
ONE MOTION Items 4, 5 and 9* of the PLANNING BY CONSENT AGENDA.
Item 9 was APPROVED FOR DEFERRAL FOR SIXTY DAYS UNTIL JUNE 11, 1996 CITY
COUNCIL MEETING.
@ng: 9-0
Council Meinbers Vodng Aye:
John A. Bau^ Linwood 0. Branch, III, Robert K Deam William W
Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones,
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Couwil Meinbers Absent.-
Mayor Meyera E. Oberndorf and Louisa M. Strayhorn
April 9, 1996
- 22 -
item IV-ii@
PUBLIC HEARING ITEM # 40648
PLANNING
Attorney Rick Mathews, 192 Ballard Curt, Suite 400, represented the applicant
Ronald J. Last, 4720 Woodglen Curt Phone: 671-2190, resident, registered in OPPOSITION.
Upon motion by Council Lady Strayhorn, seconded by Councibnan Harrison, City Council.-
MODIFIED PROFFERS in the January 19, 1988, approved
Application of MARIE T. LAMB for a Change of Zoning District
Classification from R-8 Residential District to A-1 Apartment District
for LYNN LTD. at the Southwest corner of Bonney Road and Kenley
Road (4973 Bonney Road), containing 78 acres (KEMPSVILLE
BOROUGH).
The following conditions shall be required:
1. The property shall be developed in accordance with the Site
Plan entitled "Bonney Road & Kenley Road Property",
prepared by Kellam-Gerwitz Engineering, Inc., filed with the
Planning Department and exhibited at the public hearing before
the grantee.
2 Thte multi-family dwelling units constructed upon the
property shall be developed, marketed and sold as
condominium units for sale and not as apartments.
3. No more than sixty - four (64) dwelling units shall be
constructed upon the property.
4. The property shall be developed with two story "quadrominiwn
clusters with not more than four units per cluster and not more
than sixteen clusters which shall be constructed in substantial
conformance with the rendering entitled "Lamb Application",
dated January 20, 1996, filed with the Planning Department
and exhibited at the public hearing before the Grantee.
5. Any patio constructed on the property in connection with
a residential unit shall be screened by a wooden fence.
6 The existing trees within twenty (20) feet of the southwestern
and the southeastern boundary lines of the property shall be
maintained as a natural buffer between the adjoining
properties-
7 Grantor shall dedicate right-of-way 33 feet from the
centerline of the existing Bonney Road to provide for a four
Lane undivided highway in accordance with the Master Street
and Highway Plan.
8. Grantor shall dedicate right-of-way 25 feet from the
centerline of the existing Kenley Road to provide for an
ultimate 50 foot right-of-way.
9. Further conditions may be required by the grantee during
detailed site plan review and administration of applicable city
codes by all cognizant city agencies and departinents to meet
all applicable city code requirements.
April 9, 1996
- 23 -
PUBLIC HEARING ITEM # 40648 (Continued)
PLANNING
Voting: 9-1
Council Members Voting Aye:
John A Ba@ Linwood 0. Branci4 III, Robert K Dearh William W.
Harrison, Jr., Harold Heischober, Louis R Jones, Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Barbara M. Henley
Council Meinbers Absent
Mayor Meyera E. Oberndorf
April 9, 1996
NO. P.S. Is
INTER-OFFICE CORRESPOt4DENCE
In P.*y Refer To Our File No. DF-96-4099
DATE: March 14, 1996
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali DEPT: City Attorney
RE: Conditional Zoning Application
Marie T. Iamb
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on March 26, 1996. I have reviewed the subject proffer agreement, dated
January 20, 1996, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
MARIE T. LAMB
TO (COVENANTS AND RESTRICTIONS)
CITY OF VIRGINIA BEACH
a Municipal Corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 20th day of January, 1996, by and
between MARIE T. LAMB (the "Grantor") and the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
(the "Grantee").
WITNESSETH
WHEREAS, on January 19, 1988, the Grantee approved an
amendment to the Zoning Map of the City of Virginia Beach,
Virginia, to change the classification of the property of the
Grantor located in the Kempsville Borough of the City of Virginia
Beach, Virginia, described in Exhibit A attached hereto and made a
part hereof (the Property") from R-8 Residential District to A-1
(now A-12), Apartment District; and
WHERAS, in order to prevent incompatible land use, the
Grantee, with the consent of the Grantor, enacted certain
reasonable conditions (the "ConditionsO) governing the use of the
Property, in addition to the regulations generally applicable to
land similarly zoned A-1, to cope with the situation which the
rezoning of the Property gave rise to; and
MMRZAS, the Grantor has requested the Grantee to amend the
Conditions and has voluntarily proffered in writing, in advance of
and prior to the public hearing before the Grantee, that the
Conditions, as amended, (the "Amended Conditionam) shall apply to
the Property in addition to the regulations provided for in the
OPIN 1477 00 0840, 2812, 2965, 3663, 4573, 5423 and 6302
Zoning Ordinance for the A-12 zoning district and that the Amended
Conditions have a reasonable relation to the use of the Property as
rezoned A-12 and the need for which is generated by the rezoning;
and
WHEREAS, the Amended Conditions having been proffered by the
Grantor and allowed and accepted by the Grantee, they shall
continue in full force and effect until a subsequent amendment
changes the zoning on the Property; provided, however, that the
Amended 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, the Amended 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 Property at the time of
recordation of such instrument; provided, further, that the
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 the 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;
NOW, THEREFORE, the Grantor, for itself, its successors,
assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion
2
or quid Pro quo for zoning, rezoning, site plan, building permit,
or subdivision approval, hereby declares that the Amended
Conditions shall constitute conditions and restrictions as to the
physical development and operation of the 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, their heirs,
personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. The Property shall be developed in accordance with the
Site Plan entitled "Bonney Road & Kenley Road Property", prepared
by Kellam-Gerwitz Engineering, Inc., filed with the Planning
Department and exhibited at the public hearing before the Grantee.
2. The multi-family dwelling units constructed upon the
Property shall be developed, marketed and sold as condominium units
for sale and not as apartments.
3. No more than sixty four (64) dwelling units shall be
constructed upon the Property.
4. The Property shall be developed as two story, multi-
family dwelling buildings with not more than four dwelling units
per building and not more than sixteen buildings which shall be
constructed in substantial conformance with the rendering entitled
"Lamb Applicationw, dated January 20, 1996, filed with the Planning
Department and exhibited at the public hearing before the Grantee.
S. Any patio constructed on the Property in connection with
a residential unit shall be screened by a wooden fence.
3
6 The existing trees within twenty (20) feet of the
southwestern and the southeastern boundary lines of the Property
shall be maintained as a natural buffer between the adjoining
properties.
7. Grantor shall dedicate right-of-way 33 feet from the
centerline of the existing Bonney Road to provide for a four lane
undivided highway in accordance the master Street and Highway Plan.
S. Grantor shall dedicate right-of-way 25 feet from the
centerline of the existing Kenley Road to provide for an ultimate
50 foot right-of-way.
9. Further conditions may be required by the Grantee during
detailed site plan review and administration of applicable city
codes by all cognizant City agencies and departments to meet all
applicable city code requirements.
All references hereinabove to zoning districts and to
regulations applicable thereto refer to the Comprehensive Zoning
Ordinance of the City of Virginia Beach, Virginia, in force
as of the date the conditional zoning amendment is approved
by the Grantee. The Grantor covenants and agrees that 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
4
or other appropriate action, suit or proceedings. The failure to
comply with all conditions shall constitute cause to deny the
issuance of the required building or occupancy permits as may be
appropriate. If aggrieved by any decision of the Zoning
Administrator made pursuant to the provisions, the Grantor shall
petition the governing body for the review thereof prior to
instituting proceedings in court. Appropriate symbols may be noted
on the zoning map to indicate the existence of conditions attaching
to the zoning of the Property. 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 may 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.
WITNESS the following signature and seal.
hi@ @ -1 -(SEAL)
Marie T. Lamb
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary
Public in and for the City and State aforesaid, do hereby certify
that Marie T. Lamb, whose name is signed to the foregoing
instrument bearing date on the .0@lday of January, 1996, has
5
acknowledged the same before me in my City and State aforesaid
this2a +@day of January, 1996.
c . IN
@ O. - P-
Notary Public
My Commission Expires:
@j ) 9 -0 7
6
EXHIBIT A
ALL those certain lots, tracts or parcels of real
property situate in the City of Virginia Beach, Virginia,
and described as Parcels 29-A, 29-B, 29-C, 29-D, 29-E,
29-F and 29-G on that certain Plat made by W. B. Gallup,
C. S., dated December 18, 1955, a copy of which was duly
filed in that certain Chancery Cause styled Gladys
Northern Goff igan, et als, v. Horace Woodrow Northern, in
the Circuit Court of the City of Virginia Beach (formerly
Princess Anne County) and referenced in the final Decree
dated June 1, 1956, which Decree partitioned the property
shown as Parcel 29 on that certain Plat entitled "Map of
A. W. Cornick's Kempsville Farm In Princess Anne County,
Va." recorded in the Office of the above Court in Map
Book 9 at Page 43.
- 24 -
Itein IV-J.Z
PUBLJC HEARING ITEM # 40649
PL4NN,VVG
Attorney Edward Bourdon, Pembroke One, Fifth floor, phone: 499-8971, represented the applicant
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council MODIFIED the
May 4,1987, application of NORMAN E. and BARBARA B. WARD for a Change of Zoning from O-1
Office District to B-2 Commnity Business District (KEMPSVILLE BOROUGH):
The following conditions shall be required:
1. Conditions affixed to the May 4, 1987 Change of Zoning.
2. Conditions delineated in the agreement dated February 23, 1987.
3. Added.
a. The following subparagraph (f) to paragraph numbered 1, as
a 'use' allowed upon the property.
Furniture repair, restoration and
upholstering limited to the
structure located upon the
property as of the date hereof.
b. All terms of the covenants and conditions contained in the
agreement recorded in Deed Book 2636 on Page 1456.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; 111, Robert K Deam William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
April 9, 1996
25 -
PUBLIC HEARING ITEM # 40650
PLANNING
Charles W. Cecil, President = European Autowerks, Inc., represented the applicant.
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of EUROPEAN AUTOWERKS, INC. for a t-'
ORDINANCE UPON APPLICATION OF EUROPEAN AUTOWERKS
INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR GARAGE R04962028
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of European Autowerks, Inc., for a
Conditional Use Permit for an automobile repair garage on the south
side of Virginia Beach Boulevard 530.80 feet west of Toy Avenue. Said
parcel is located at 5461 Virginia Beach Boulevard and contains 37,897
square feet. BAYSIDE BOROUGH
The following conditions shall be required:
1. The applicant shall adhere to Section 224(b) and (c) of the City
Zoning Ordinance pertaining to automobile repair garages.
2. The existing landscaping along the rear of the site, adjacent to
the R-Z5 and A-12 zoning, shall be refurbished and
maintained to Category IV standards.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of April, Nineteen Hundred
and Ninety-Six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Dear4 William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones,
Nancy K Parker, Trice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
April 9, 1996
- 26 -
Item IV-J.4.
PUBLIC HEARING ITEM # 4%51
PLANNING BY CONSENT
Upon motion by Councilman Harrison, seconded by Council Lady Henley, City Council ADOPTED an
Ordinance upon application of D. W. GATLING, INC., T/A ALLSAFE SELF STORAGE for a
Conditional Use Permit for mini-warehouses:
ORDINANCE UPON APPLICATION OF D. W. GATLING, INC, T/A
ALLSAFE SELF STORAGE FOR A CONDITIONAL USE PERMIT FOR
MINI- WAREHOUSES R04962029
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of D. W Gatling, Inc., T/A Allsafe Self
Storage for a Conditional Use Permit for mini-warehouses on certain
property located at the northeast corner of Bonney Road and South
Kentucky Avenue. Said parcel contains 2.7163 acres. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
1. The project must be developed in accordance with the site plan
entitled Allsafe Self Storage, dated 1/30/96, and the example
photos for the fencing and color selections which were
submitted with this application and are on file with the
Planning Department.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of April Nineteen Hundred
and Ninety-Six,
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branct% III, Robert K Dea?4 William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones,
Nancy K Parker and Vice Mayor William D. Sesso?w, Jr.
Cowwil Members Voting Nay:
None
Council Meinbers Absent
Mayor Meyera E. Oberndorf and Louisa M. Strayhorn
April 9, 1996
27 -
PUBLIC HEARING ITEM # 40652
PLANNING BY CONSENT
Upon motion by Councilman Harrison, seconded by Council Lady Henley, City Council ADOPTED an
Ordinance upon application of CENTRAL CHURCH OF CHRIST for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CENTRAL CHURCH OF
CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R04962030
BE IT HEREBY ORDAINED BY THE COUNCII, OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Central Church of Christ for a
Conditional Use Permit for a church on certain property located on the
south side of Shell Road beginning at a point 9000 feet more or less east
of Cullen Road. Said parcel contains 4.539 acres. BAYSIDE BOROUGH.
The followind conditions shall be required:
1. Prior to final site plan approval in order to maintain effective
buffering for adjacent residential areas, the applicant shall
submit a tree preservation and landscape plan for the approval
of the Planning Director. The plan shall establish specific
limits of clearing, providing for the minimum disturbance
necessary for the construction of the approved building
footprin4 driveway, parking, and freestanding sign.
2. The parking area along the northern property line, adjacent to
the single-family dwelling fronting on Shell Road, shall be
shifted to the south, to provide a minimum 25-foot buffer
between the paved area and the adjacent residential use.
Existing trees shall be retained in this area and shall be
supplemented by additional plantings to create Category IV
landscape screening, or by the installation of a six-foot solid
fence along the property line.
3. The seven parking spaces shown on the site plan along the
western edge of the entry drive shall be relocated either to the
eastern side of the entry drive, or to the rear of the main
parking area.
4. Access shall be provided from Shell Road, at the location
shown on the site plan submitted with the conditional use
permit application, in order to preserve the large, mature trees
near the eastern most portion of the front lot line.
5. The freestanding sign shall be monument style.
7his Ordinance AW1 be effective in accordance with Section 107 (o of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci; rirginia, on the
April 9, 1996
- 28 -
Item IV-J.5.
PUBLIC HEARING ITEM # 40652 Continued)
PLANNING BY CONSENT
Voting: 9-0 (By Consent)
Coiwncil Members Voting Aye:
John A. Baun4 Linwood 0 Branci% III, Robert K Dear; William W
Harr@, Jr., HaroZd Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker and Vice Mayor William D. Sessoms, Jr
Council Members Vodng Nay:
None
Couwil Members Absent
Mayor Meyera E. Oberndorf and Louisa M. Strayhorn
April 9, 1996
- 29 -
item IV-J.6
PUBLIC HEARING ITEM # 40653
PLANNING
Upon motion by Counilman Jones, seconded by Couuncilman Harrison, City Council DENIED the
Application of DOMINION AUTO FINANCE for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF DOMINION AUTO FINANCE
FOR A CONDITIONAL USE PERMIT FOR USED AUTO SALES
Ordinance upon application of Dominion Auto Finance for a Conditional
use Permit for used auto sales on the south side of Shore Drive, 250 feet
west of Independence Boulevard Said parcel is located at 5173 Shore
Drive and contains 1.22 acres. BAYSIDE BOROUGH.
Voting: 10-0
Couwil M s Voting Aye:
John A. Baum, Linwood 0 Branc,% III, Robert K Deat4 Wtlliam W
Harrison, Jr., HaroZd Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker, Vice Mayor *Ylliam D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
April 9, 1996
- 30 -
imm IV-J. 7
PUBLIC HEARING ITEM # 40654
PLANNING
Allan B. Harvie, 3003 Atlantic Avenue, Phone: 491-8822, President - Adanac Sports Management, Ltd.
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED the
Ordinance upon application of ADANAC SPORTS MANAGEMENT, LTD., for a Conditional Use
Permit.-
ORDINANCE UPON APPLICATION OF ADANAC SPORTS
MANAGEMENT LTD FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY (ICE SKATING) R04962031
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE C1TY OF VIRGINIA BEACH, VIRGINIA4
Ordinance upon application of ADANAC Sports Management, Ltd for a
Conditional Use Permit for a recreational facility (ice skating) at the
southeast corner of Atlantic Avenue and Laskin Road. Said parcel is
located at 3003 Atlantic Avenue and contains 1.0331 acres. VIRGINIA
BEACH BOROUGH
Condition 1 was DELETED and Condition 16 was ADDED.
The forcing conditions shall be required:
1. Bw e,ttb e Pat i*lg a, ea must be pav@
2 Foundation landscaping shall be proved and maintained during
the year of operation on both the Atlantic Avenue and
Boardwlk sides of the ice rink structure. (Due to the
composition of the soil and sub-soil, the required landscaping
will be containerized).
3. The operations trailer should be limited in size to a maximum
of 300 square feet. The trailer must be improved with skirting
and landscaping around the entire perimeter.
4. All required building and Health Department permits must be
obtained by the applicant.
5. A wooden privacy fence must be installed on the northern and
eastern sides so as to fully enclose the mechanical equipment
and dumpster area.
6 Valet parking must be provided at all times that the ice rink is
open.
7 All areas of the site which are not paved shall be sodded or
covered with hardwood mulch.
8. The Resort Advisory Commission must review and approve all
of the proposed site improvements. Improvements must be
installed no later than May 1, 1996.
April 9, 1996
- 31
item IV-J. 7
PUBLIC HEARING ITEM # 40654 (Continued)
PLANNING
9. A variance to the required parking must be obtained by the
Board of Zoning Appeals.
10. The use permit shall be valid for a period of one year, and any
extensions beyond that date shall be approved only with City
Council's concurrence.
11. If public restrooms are not provided by the applicant, an
agreeinent to use the public restrooms on the adjacent property
to the south must be approved by City CounciL
12. A maximum of 250 people will be on the ice surface at any
time.
13. Certification of flame resistance of the material of the structure
is required.
14. The hurricane (wind load) agreement must be formalized and
extended to cover any additional time period after March 31,
1996.
15. A method of handling or eliminating ice accumulation outside
the facility will be approved by City Staff during Site Plan
review.
16. Negotiatiom concluded and lease agreement executed by all
parties within fourteen (14) days of April 9, 1996.
This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
by the Council of the City of Virginia Beach, Virginia, on the Ninth of April Nineteen Hundred
and Ninety-Six.
Voting: 10-0
Council Members Voting Aye:
J6hn A. Baum, Linwood 0. Brancl; III, Robert K Dear4 I+rtlliam W
Harrisc% Jr., Harold Heischober, Barbara M Henley, Louis P, Jones,
Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E Oberndorf
April 9, 1996
- 32 -
Item IV-J.&
PUBLIC HEARING ITEM # 40655
PLANNING
Attorney R Edward Bourdon, Jr., Pembroke One Building, Fifth Floor, Phone: 499-8971
Jim Tucker, Dayton/Hudson Corporation, Minneapolis
Randy Royal, Project Engineer - Engineering Services
Valerie Henchel, Traffic Engineer with Intermodal Engineers, provided traffic unpact analysis
Upon motion by Council Lady Strayhorn, seconded by Councilman Jones, City Council DENIED the
Ordinance upon application of TARGET for a Conditional Change Zoning District Classification:
ORDINANCE UPON APPLICATION OF TARGET FOR A
CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5D to B-2
Ordinance upon application of Target for a Conditional Change of
Zoning District Classification from R-5D Residential Duplex District to
Conditional B-2 Community Business District at the southeast corner of
Princess Anne Road and Lynnhaven Parkway. The proposed zoning
classification change to B-2 is for general commercial land use. The
Comprehensive Plan recommends use of this parcel for suburban high
density residential at densities that are compatible with single family use
in accordance with other plan policies. The plan also recognizes this site
as an opportunity area with potential for mixed use development. Said
parcel contains 19 acres. KEMPSVILLE BOROUGH
Voting: 9-1
Council M@rs Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Deat4 William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones,
Nancy K Parker and Louisa M. Strayhorn
Council Members Voting Nay:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent.-
Mayor Meyera E Oberndorf
April 9, 1996
33 -
PUBLIC HEARING ITEM # 40656
PLANNING
Upon motion by Councilman Harrison, seconded by Council Lady Henley, City Council DEFERRED
FOR SIXTY DAYS UNTIL JUNE 11, 1996, CITY COUNCIL MEETING the Application in behalf of
the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of a portion of
Atlantic Avenue: LW of a portion of
Application of the City of Virginia Beach for the discontinuance, closure
and abandonment of a portion of Atlantic Avenue beginning at the
southern boundary of Cavalier Drive and running in a southerly direction
a distance of 450 feet more or less. Said parcel contains 21,938 square
feet VIRGINIA BEACH BOROUGH
@ng: 9-0 (By Consent)
Council Meinbers Vodng Aye:
JOM A. Baum, Linwood 0. Branck III, Robert K Dear4 William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louiy R Jones,
Nancy K Parker and Vice Mayor William D. Sesso)w, jr.
Couwzl Members Voting Nay:
None
Council Meinbers Absent
MaYOr MeYera E Oberndorf and Louisa M Strayhorn
April 9, 1996
- 34 -
Item IV-K I.
APPOINTMENTS ITEM # 40657
Upon NOMINATION by Councilman Baum, City Council APPOINNTED:
MEDICAL COLLEGE OF HAMPTON ROADS
Richard S. Foster
3-Year Term 6/1/96 - 5/31/99
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Robert K Dea@ William W.
Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones,
Nancy K Parker, Vice Mayor William D Sessoms, Jr and Louisa M.
Strayhom
Council Members Voting Nay:
None
Council Members Absent.
Mayor Meyera E. Oberndorf
APPOINTMENTS WERE MOVED FORWARD PRIOR TO THE PL4NNING ITEMS.
April 9, 1996
- 35 -
Item IV-K2
APPOINTMENTS ITEM # 40658
Upon NOMINATION by Councilman Baum, City Council APPOINTED:
VIRGINIA BEACH SCHOOL BOARD
Dr. Fred G. Benham
At-Large
5/896 - 6/30/96
R. L. Riggs
Virginia Beach Borough
4/9/96 - 6/30/96
Thomas E. Fraim
Princess Anne Borough
4/9/96 - 6/30/96
Voting: 10-0
Council Members Voting Aye:
John A Baum, Linwood 0. Branc,% III, Robert K Dea@ Wzllwm W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Nancy K Parker, Vice Mayor William D. Sessoiw, Jr. and Louisa M.
Strayhorn
Council Members Vohng Nay:
None
Council Members Absent
Mayor Meyera E. Oberndorf
APPOINTMENTS WERE MOVED FORWARD PRIOR TO THE PLANNING ITEMS
City Council PECESSED A T 2: 1 0 PM. AND RECONYENED A T 3: 00 PM.
April 9, 1996
- 36 -
item IV-N.
ADJOURNMENT ITEM # 40659
Vice Mayor Sessoms DECLARED the City Council Meeting ADJOURNED at 4.-50 P.M..
------------------------- ---------------------------
Beverly 0 Hooks, CMC William D. Sessoms, Jr.
Cluef Deputy City Clerk Vice Mayor
------ ------ -------------------
Hodg it4 C Meyera E. Oberndorf
City Ckrk Mayor
Ctty of Virginia Beach
kirg@
April 9, 1996