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Home My WebLink AboutFEBRUARY 13, 1996 MINUTES "f 13@"@ta "WORLD'S LARGEST RESORT CITY" (@i,ry (:OUN(@it- MAYOR MEYE@ I- OBERNIX)@, Al-@,, Vl(:@, MAYOR WILUAM 1) SE,@MS, JR, A@.I,,, JO[IN A BAUM @.,h LINWOOF) 0 BMNCii III V..... &-h @-.,h ROBERT K I)LA.N A@., @@.,h W W HAMSO@', JR. L .. h,@-@ tiAROIJ) flEISCHOBER Al.I.,,,,, BA@AM M HPN@Y, P.... @.,h F@OIJIS R JONES, B@-,,,& N@(@Y K L@ARKP R, A@ L.,, IO(IISA.M SI MYHO@ 2@, (:I I Y IIAU BUIUliN(@ j@LS K SM)ML CITY COUNCIL AGENDA UUNICIPAL (:F.N I tR VIR(,iNiA BEAC:H, VIR(iiNIA 1111@ Wl'I LESLIE, I i8'4j 127 @ ?(I 3 RI;T I! Hf)@3ES @MITH, (:M( AAI (:il, I,,k February 13, 1996 I. CITY COUNCIL BRIEFING - Conference Room - 11:00 AM A. URBAN PARTNERSHIP The Honorable Governor Linwood Holton II. CITY MANAGERIS BRIEFING A. HAMPTON ROADS PUBLIC/PRIVATE PARTNERSHIP INITIATIVE Mr. James K. Spore, City Manager III. AGENDA REVIEW SESSION - Conference Room - A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Harvey Turner Kempsville Church of God C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS February 6, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA 77ie Consent Agenda will be determined &Wng the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PRESENTATION 1. CURRENT STATUS OF SCHOOLS' BUDGET SHORTFALL Dr. Donald A. Peccia, Associate Superintendent, Administrative Services J. PUBLIC HEARING 1. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION - Tidewater Jewish Foundation, Inc. K. RESOLUTIONS 1. Resolution to support legislation designating Tidewater Jewish Foundation, Inc., exempt from state and local real and personal property taxation. 2. Resolution of support for the City of Norfolk re Transportation Enhancement Funds for the Intermodal Circulation System elements of the Crispus Attucks Theater Cultural Center (Sponsored by Council Lady Louisa M. Strayhorn) 3. Resolution of support to make application for $50,000 in Transportation Ef f iciency Improv@t Funds f rom the Virginia Department of Rail and Public Transportation re transportation demand management activities in the City; and, the City will match $10,000 in funds if the application is approved. L. ORDINANCES 1 Ordinance to TRANSFER $400,000 from School "Renovations and Replacements Various" CIP 1-074 to "Renovations and Replacements Reroofing" Capital Project 1-083 re roofing work at seven school sites. 2. Ordinances to authorize temporary encroachments: a. Into a portion of the City's variable width drainage easement to JOHN J. and SANDRA A. DESFOSSES re constructing and maintaining an inground swimming pool, cement deck, fence and landscaping at rear of 1819 Tree Line Road in Great Neck Pines (LYNNHAVEN BOROUGH). b. Into a potion of the right-of -way of Oceanf ront Avenue and 45th Street to THONKS Z. and PARKE G. MACHIA re maintaining shrubs at 4501 Oceanfront Avenue (VIRGINIA BEACH BOROUGH). C. Into a portion of the right-of-way of 215 87th Street to ROBERT TAYLOR re constructing and maintaining a 2-foot cinderblock retaining wall on Lot 16, Block 2, Section D, Cape Henry (LYNNHAVEN BOROUGH). 3. Ordinance to authorize License Refunds in the amount of $2,941.45. M. PUBLIC HEARING - PLANNING 3:00 PH PLANNING BY CONSENT - TobedeterminedduringtheAgendaReviewSession. 1. Petition of VIRGINIA BEACH KARLIN CLUB, INC. and WALTER CASON BARCO for the discontinue a. closure and abandonment of the following parcels (VIRGINIA BEACH BOROUGH): Parcel 1: Portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of forty-eight (48) feet along the Northern property line (Southern boundary of Block 30, Shadow Lawn Heights) and running in a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1327 square feet. Parcel 2: Portion of Mediterranean Avenue, running a distance of forty-one (41) feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1547 square feet. Deferred for Compliance: January 28, 1992 Additional Deferrals: August 11, 1992 February 09, 1993 February 08, 1994 February 14, 1995 Recommendation: ADDITIONAL 12 14ONTH DEFERRAL 2. Application of HARPKRS INVESTMENTS, a Virginia General Partnership, for a Conditional 1,88 Permit for an automobile repair skatahlishment minor repair center) on the West side of Oceana Boulevard, 309.07 feet South of Harpers Road, containing 22,391 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 3. Application of 14OUNT BETHEL BAPTIST CHURCH for a Conditional for a church on the East side of Indian River Road, North of Stumpy Lake Lane (4636 Indian River Road), containing 4.6 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 4. Application of P.C.S. PRZNZCO, L.P., for a Conditinnal Use Permit for a 150-foot OWer 800 feet more or less West of General Booth Boulevard, North of Dam Neck Road (1525 General Booth Boulevard), containing 5.490 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 5. Application of ALAN C. WILLIAMS for a ConditiQnal Use Permit for an indoor -=creational facility (battina caae) on the West side of General Booth Boulevard, 900 feet more or less North of Dam Neck Road (1489 General Booth Boulevard), containing 8 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 6. Applications of TAYLOR FARM ASSOCIATES, LLC for Chanaes of Zoning District Classifications (PRINCESS ANNE BOROUGH): a. From R-20 Residential District to R-10 Residential District, containing 6.5 acres, on: Parcel 1: South side of London Bridge Road, 1460 feet more or less West of Pine View Avenue. Parcel 2: South side of London Bridge Road, 800 feet more or less West of Pine View Avenue. b. From AG-1 Agricultural District to R-10 Residential District 2650 feet more or less Southwest of the intersection of London Bridge Road and Pine View Avenue, containing 11 acres. C. From R-10 Residential District to PD-H2 Planned Unit Development 2670 feet more or less Southwest of the intersection of London Bridge Road and Pine View Avenue, containing 17.5 acres. Recommendations: APPROVAL 7. Ordinance to AMEND and REORDAIN Section 402 of the City Zoning Ordinance re dimensional requirements in the AG-1 and AG-2 Agricultural Districts DELETING requirement for 300 feet of road frontage. Recommendation: APPROVAL N. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF SUPERVISORS PERSONNEL BOARD VIRGINIA BEACH CRIME TASK FORCE YOUTH SERVICES COORDINATING COUNCIL 0. UNFINISHED BUSINESS 1. Authorize the City Manager to accept the Consultant's recommendations to stablize the roadway shoulders for the WESTBOUND lanes of traffic to eliminate the Shore Drive hazard (Phase I - CIP 2-285). P. NEW BUSINESS Q. ADJOURNMENT PUBLIC HEARING CITY COUNCIL CHAMBER FEBRUARY 27, 1996 AT 6:00 PM RE: INCREASED APPLICATION FEES TO BOARD OF ZONING APPEALS VY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM DULE @t T@ pl@ - budget & C.I.P Presentation Tuendy, April 2 2pm City Council Ch"b.r Council Wrksh.p T ... day, April 9 9 M NWN Conference Rom council Workshop Thraday. April 11 4pm 6pm Conference Rom Council Workshop (Special Workshop) Tuesday, April 16 IM 4PM Conference Roo. Public Hearing Thursday, April 18 7pm Larkspur Middle School Council Workshop Tuendy, April 23 3M 6PH Conforon.. Rom Council Workshop (Special Wrk.h.p) Thursday, April 25 IPM 5PK Conference Rom Public Hearing Thursday, May 9 2m City Council Ch@er Reconciliation Workshop Thursday, May 9 1 session Conference Rom NOTE: My 9 Regular Meeting ill replace the My 7 SZSSIM (Re: council election) Adopt Budget & C.I.P. T ... day, May 14 2pm City Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 02/08/96BAP AGENDA\02-13-96.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 13, 1996 Mayor Meyera E. Oberndorf called to order the BRIEFING re URBAN PARTNERSHIP to the WRGIIVL4 BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, February 13, 1996, at 11:00 A.M. Council Members Present: John A. Baum, Linwood 0. Branc,% III, Robert K Dear; William W. Harrison, Jr., Harold Ifeischober, Barbara M. Henley, Louis R Jones and Mayor Meyera E. Oberndorf Council M@rs Absent.- Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:27 A.M.] Nancy K Parker [IN CHARLOITE, NORTH CAROLINA, FATHER TERMINALLY ILL] Louisa M. Rrayhorn [ENTERFD: 1:40 P.M. SPE,tK[NC, A7- TCCI - 2 - CITY COUNCIL BRIEFING URBAN PARTNERSHIP 11:00 AM. ITEM # 40381 Governor Linwood Holton advised North Carolina, South Carolina, Georgia and Tennessee are all growing faster in terms of per capita income and numbers of jobs than Virginia. 7he ability of municipalities in @e other states to work together for economic development has been a major factor in location of jobs in @e other states. Governor Holton cited three examples of regional cooperation: Development of Port of Hampton Roads: After fifteen years of coordination and management by a single Authority, the Port of Hampton Roads has handled over 800,000 containers in one year and will shortly exceed I -MILLION. 71tis is a regional economic development which was brought about thrvugh funds from the State. 7he pores were purchased frmn the municipalities and the state subsidized the construction and organized same to fund capital investments through its own revenue. Conversion of F@ PWn to an Industrial Par* (Southwest Virginia): All of the localities, which were part of Planning District No. 1, coordinated to acquire the land comprising approximately 1,000 acres and provide the facilities ie. utilities, railroads, rail siding. 7he Tennessee Valley Authority participated. In an area of serious unemployment because of the deterioration of employment in the coal mines, 1000 high -paid jobs resulted from regional cooperation. Coordination of municipalities in a sewerage treatment facility in Roanoke Valley: 7lie municipalities devised a facility which would eliminate a bad effect from the effluent into the downstream portion of the Roanoke River. Benefits are flowing to Bedford County, Campbell County, City of Lynchburg, Pillsylvania County, Franklin County, Roanoke County, City of Roanoke, Town of Vinton, the City of Salem and Botetourt County, which is also part of the treatment facility. Under the Regional Competitiveness Act, the centerpiece of the legislation, the municipalities may form regional partnerships that contain the geography they wish. 7he suggestion is to utilize the Planning @ct. 7he legislation @is the localities to create the region they wish. Once a regional partnership is created and a regional strategy is established, the region becomes eligible for participation in the Re@l Incentive Fund. Wtimately, the Fund should comprise $200-MILLION. 7his is less than 112 of one percent of the State Special and General Fund Budgets. 7he regional partnership participates in the fund in an amount established by the proportion between the population of the region and the population of the state. Once that amount is establisher it is allocated to the members of the Partnership. 7he division within the region is subject to agreement by the regional partners. 7his is not a poverty pvg@ but an economic development program. In order to qualify for the Regional Incentive Fund, two or more localities must develop a plan that would use certain criteria and weights to access the extent of regional activities. February 13, 1996 - 3 - CITY COUNCIL BRIEFING URBAN PARTNERSHIP ITEM # 40381 (Continued) 7'he Mayor eirpressed concern relative the criteria and weights to assess the extent of regional activities and the reason "watern only counted 4. ,Regional Revenue Sharing or Growth Sharing Agreements 10 Education 10 Huntan Services 8 Local Land Use 8 Housing 8 Special Education 6 Transpo@n 5 LAw Enforcement 5 Economic Development 4 Solid Waste 4 Water and Sewer Services 4 Corrections 3 Fire Services and Emergency Medical Services 3 Libraries 2 Parks and Recreation 2 Only 68% of the doftu from the City @ taxes to the City come back to Virginia Beach. Norfolk may be as high as 82%. Concern was expressed relative the disparity in the legislative process not only in the state, but also the federal government. Governor Holton advised economic development would provide an equal @Hnership. Governor Ilolton was concerned ;'irginia Beacl; which was one of the major economic development potentials in the State, understand this legislation and not harbor doubts. Governor Hokon advised the Bills in the House Committee on Counties, Cities and Towns, by a vote of 1 7-3 %dth one abstention was passed unanbnously in the Senate Committee on Local Government 77ie @ in the House was 89-10 in favor of House Bill No. 1515, the centerpiece of the Urban Partnership's legislation -- the Regional Competitiveness Act and 39-1 in the Senate. 7he opposition has benefitted from the educational effort. February 13, 1996 4 CITY MANAGER'S BRIEFING TON ROADS PUBLJCIPRIVATE PARTNERSHIP INITL4T@ 12:00 NOON ITEM # 40382 Mr. James X Spare, City Manager, advised last June the Mayor@ and Chairs group identified a group of 15 @ sector individuals to meet with the 15 Mayors and Chairs to discuss the mechanism in the region to allow the addressing of certain regional issues. 7he publiclprivate Steering Committee was asked to address three mauers: 7he validation of the 2007 Work in Progress. 7he identification of "Hot Button" issues. 7he development of a formal structure to implement. 7he publiclprivate partnership agreed the most informed way to get at these issues was to establish a S&ategic Planning Task Force which would operate under the guidance of the %eenng Committee 7hat Task Force, Included some of the region's most thoughtful strategic planners, was put together and spent its @ six @hs or so studying and discussing how to move Hampton Roads and its economy forward. A non-stock, not-for-profit corporahon was also suggested 7his organization, when established, funded and staffed, %ill have the ability, by virtue of its membership, to bring about posifive change through the efforts and collaboration of others in business, industry, education and government 7he membership shall be mbW with the public and private sector. 7he FLred Directors shall include (a) Mayors, Chairs or Chief Fxecudve Officers of each City and County in Ilampton Roads, lb) Presidents of each four-year educational bwitution located in Hampton Roads (c) Leadership of each branch of the military services in the area and (d) Chairman of the Hampton Roads Planni;ig District Commission. 7he Elected Directors AWI be from the private sector and selected by a nomination process. A meeting is SCHEDULED for 7hursday, February 15, 1996, 9. 00 A.M. NorfoLk Southern Board Room to address concerns and achieve consensus re Report of the Steering Committee, Organizational Rructure and Budget for dfscussim purposes. AU documents are hereby made a paH of the record. Mayor Oberndorf advised she would be unable to attend as she would be in Richmond to DRAFT a budget for the F'zrg@ Munic@ League. Concerns should be reflected relative the Contract and the $]W,000 for an Executive Director Wth three employees, this appears excessive. Caution must be addressed relative the type of financial commitpnent requested and the expectations of the Military and private sector. 7he City Manager estimated the commihnent to be appraxinmiely $50,000 - 60,000 per year. Vice Mayor Sessoms believed the funding for the Executive Director wwuld be from the private sector. Ihe City Manager shall provide a list of all Regional bodies in existence and their fiinctions and budgets as a comparison with this proposed Hampton Roads PubhclPnvage Partnership. Councilman Harrison will attend the meeting February 15, 1996, to rep"sent the Mayor and advise of the City Council's concerns. February 13, 1996 - 5 - CITY MANA GER'S BRIEFING ARENA 12:23 PM. ITEM # 40383 Mayor, face Mayor and City Manager met with the Mayor, Vice Mayor and City Manager of Norfolk to @s, as the CFL was not locating widun the are@ the possibilities relative a consultant developing a M4 to respond to the chances of brin&g profe@onal sports of a m4or kague caliber to the @ re&n. Norfo& had spent considerable time nwrking with a consultant previously perusing these issues. An approach was proposed focused on the two largest cities in the region taking the lead OVorfolk md Beach) and retaining a consultant to analyze and @ a report not only to the Nw cities but to the remainder of the region. 77iis report would pr@ily focus on ARBA Bas or AM Hockey as the NFL appeared to be too far "out of reach'. If requested by the Cities, the Greater NorfoLt Corpora@ and Virginia Beach lesions have indicated support to be involved in some role. Mayor Oberndmf advzsed Mayor Paul D Fraim had indicated the study to be performed by the Regional Au@ity, as %vil as the study paid for by the City of Norfolk both recommended the Arena be located in N@Lt 7he meeting commenced with the three perimeters (1) all Cities should be a part in order to have a chance of success; (2) If consultants are to be employed they should be unencumbered in the conc@on; ani4 (3) there must be equal consideration of location. Mayor Oberndoif has discussed the concept with Mayors Ward and Webb and requested Mayor Fraim also contact them. Mayor Fraim has dtsc&we,d the concept wak Mayor Jones in Suffolk Both Chesapeake and Portsmmth would like to participate inftwly. Vwginia Beach Visions has reduced their commihnent to less than $10,000. Vice Mayor Sessoms advised the discussion also entailed the possibility of a convention center or cukural facno. If any professional team is going to be successful in the Regio?; it will take all the Cities partic@. Irice Mayor Sessoim advised the expenses are $6,000 per month and the City was requested to be responsibk for one-half of this amount. However, this was just casual conversation, not a formal proposal If this could be spread out through the private sector, Greater Norfolk Corporation and Virg@ Beach Visions, Vice Mayor Sessoms hoped the City Managers and Economic Development Directors could confer with Llorrow Sport Ventures and come back with specific recommendatwns as to a possible co"tract 77te HOK study performed thru the Hampton Roads Sports Authority recommended the City of Norfolk for the location cf the Arena. 77je facility would cmprise approximately 20,000 seats. The City Manager advised Virginia Beach has stressed a screening panel to choose the consultant. Vice Mayor Sessoms advised the sM4 would also include a funding mechanism for other cities to benefi4 @ther it be through a convention center for Virginia Beach or some type of cultural facility. It is not a foregone conclusion that Harrow Sport Ventures would be the consultant. Cowwt@ Dean suggested Suffolk as a more preferable location. Counci@ Heischober advised he Kw no @ger a member of L4e Sports Au@ity, however, when HOK was requested to make a study of location this @ enc sed an indoor arena &hat combined Old Dominion University and this region. 7he study focused on where could an stadium be located that would serve both ODU and the rest of the area. In fac4 ODU and the SPOR7S AUTHORIYY shared 50-50 in the study. HOK advised in order to acc e ODU and the are,% downtown Norfo& is the venue. ODU advised they wanted the facility to be on their campus, so they pulled out of the study and are moving ahead with their own 10,000 indoor comb sports center. Art Collins can advise how &his location was decided. Urban settings versus suburban settings compete favorably. If location is back on the table, this concept should be pursued. Mayor Oberndorf advised the designation of the 20,000 seat arena be located in downtown Norfo& was part of the proposal @ by Mayor Fraim and Vice Mayor Riddick 7hey were requesting the contribution in a study relative the appropriate financial structure for both securing a fi-anchise and construction of the necessary physical facilities with a recommendation for appropriate cost and benefit sharing for this area. BY CONSENSU@ the City Council believed a study should be performei4 but the location remain on the table. All cities will be given the opportunity to participate in the beginning. 7he policies relative the NBA franchises shall all be determined 7his does not commit the City to participate in the financing at this particular point. February 13, 1996 - 6 - ITEM # 40384 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 13, 1996, at 1:12 P.M. Council Members Present.- John A Baum, Linwood 0 Brancl; III, Robert K Deap4 William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E Oberndorf Vice Mayor William D. Sessoms, Jr. Council Members Absent.- Nancy K Parker and Louisa M. Strayhorn February 13, 1996 - 7 - ITEM # 40385 Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2 1 -344, Code of Virginia, as amended, for the following purpose: LEG,4L Af,4ITFRV.- 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 21-344(A)(7). To - Wi t: Lake Gaston Water Supply Project PuBlirl Y-H&.D PROPFRTY.- Discusswn or consideration of the con&hm, 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 ofproperty owned or desirable for ownership by such institution pursuant to Section 21-344(A)(3). TO - WI t.. Virginia Beach Borough Upon mobon by Cowwt@ Baum, seconded by Vice Mayor Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum Linwood 0. Brancl; III, Robert K Dea?A Wzlliam W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, ;'ice Mayor William D. Sessoms, Jr, Council Members Voting Nay: None Council Members Absent.- Nancy K Parker and Louisa M. Strayhorn February 13, 1996 - 8 - FORMAL SESION P7RGINL4 BF,4CH CITY COUNCIL February 13,19% 6. 00 PM. Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 13, 1996, at 6:00 P.M. Council Members Present.- John A. Baum, Linwood 0. Branc,% III, Robert K Dean, Willi4am 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 Absent.- Nancy K Parker [IN C@OITE, NORTH CAROLINA, FATHER TERMINALLY ILL] INVOC4TION Reverend Harvey Turner Kempsville Church of God PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED S TA TES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a 'personal interest", as defined in the Act, either individually or in his capacity as an offlcer of Central Fidelity Bank. 7he Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. ;ice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. February 13, 1996 9 CEjt77FIc4TION OF EXECUTNE SESSION ITEM # 40386 Upon motion by irice Mayor Sessoms, seconded by Council Lady StraYhorn, City Council CER77FIED THE EXECUT@ SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certi)7cation resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Councit Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones, Mayor Meyera E Oberndorf Yice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent.- Linwood 0. Branck III, and Nancy K Parker February 13, 1996 CERTIF'ICArnON OF EXECUTIVE SESSION VIRGINIA BEACH Crff COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40395 Page No. 7 and in accordance with the provisions of 'fbc Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORK 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. .4 Ruth Hodges S@mith, CMC/AAE City Clerk February 13, 1996 - 10 - Item V-El. MINUTES ITEM # 40387 Upon motion by Vice Mayor Sessoms, seconded by Councibnan Heischober, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 6, 1996. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Ilarrison, 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,- Linwood 0. Brancl; 111, and Nancy K Parker February 13, 1996 - 11 - Item V-Li. CURRENT STATUS OF SCHOOLS' BUDGET SHORTFAU ITEM # 40388 Dr. Donald A Peccia, Associate SuperLntendent, Adpninistrative Services, advised since August 1995, communication between City and Schools has been constant and continuous. Dean Block and Patricia PhilUps and her staff are to be commended for their mutual cooperation in these areas. In August 1995, Dr. Peccia reported on the 1994-95 school deficit At that meeting both Jim Pughsley and himself who both had been in their positions less than 60 days, acknowledged the deficit. 7'hey were the ones to "knowledge that the School &vision had overspent the appropriation by over $5.5-MILJION,. while at the same time not receiving $6.5-MILLION in budgeted revenue. I)r. Peccia reiterated fiscal controls that had been put in place since July 1995: Budget Mamgement Document. The central administration has put in place the Budget Management Document, which contains guidelines and stipulations for budget management. Development and Impkmentation of StaTing StanAards and Guidelines: All princ@s and central office a&ninistrators have received copies of the staffing standards and guidelines. 70%130% percent Allocation of Funds to Schools: Allocations to schools will be made in two disbursements. 7he first disbursement of 70 percent steins from enrollment projects based on March 31 ADM data; the second disbursement of 30 percent is based on actual September 30 figures, reflecting an accurate count of actual students. Interim AdmaniWation Reorganization: 7he reporting relationships in the reorganization ensure adequate supervision on all financial matters. Budget Transfer Policy: All budget transfers of $10,000 or more require School Board approval before such transfers can be made. Mainframe Access to Budget Data for Budget Manager: Budget Managers are being trained to access mainframe data; they will be able to check amounts in line items. Incl@ of RgWrts About Enterprise Funds in Financial R@rts to Board: From now on, reports about financial matters to the Board will include updates on the enterprise fiends, as well as regular reports about the Operating Budget. Meetings Between the City and Virginia Beach Schools MwmgementIBudget and Financial Departments: Regular meetings will be scheduled between the City and Virginia Beach Schools financial staffs to facilitate complete communication and to ensure proper budget management. Analysis of 1995-% Budget and Related A4fustments as Needed. Dr. Peccia and his staff will make periodic analysis of both revenues and expenditures and recommend adjustments as needed Search for an Improved computer Financial Management Package: Financial staff from the City and4hool system have begun a search to identify software for an improved budget and accounting system, in order to replace the present system (BASIS), which is 18 years old. Mid-Year Interim Financial Report. Review of Food Services Fund Utilizing City Personnel as Part of Review Team (Management and Budget). Sending City Staff Monthly Financial Data. February 13, 1996 - 12 - CURRENT STATUS OF SCHOOLS'BUDGET SHORTFALL ITEM # 40388 (Continued) ESTIAL4TED REVENUE (OCTOBER 1995 ANALYSIS) 1995-96 Budget $358,365,490 1995-96 Fstimated Revenue 354,114@ 5 79 REVENUE SHORTFALL $ 4,250,991 ESTIAL4TED EXPENDITURES (OCTOBER 1995 ANALYSIS) 1995-96 Budget $358,474,213* 1995-96 Estimated Fxpenditures 360,820,528 ESTIMATF-D OVERFXPENDITURE ($2,346,315) *Includes $108,723 of encumbered funds from 1994-95 MAJOR REASONS FOR OCTOBER 1995 ESTIMATE OF OVEREXPENDITURES Unde@ing of Special Education Regional Program (SECEP) (approx. $1.9-MILLION) Teacher @ries (approx. $1.1- MILLION) Contractual services of Occupationall Physical 7herapim (approx $300,000) Early Discoveries Al -Risk Four-Year Old Program (approx. $510,000) Under@ing of Utilities (approx. $2.5-MILLION) Not budgeting matching funds for State grants Technology Initiatives (approx. $650,000) Failure to budget for overtime for Operations and Maintenance personnel (approx. $600, 000) It was at that October meeting that a projected deficit reduction plan was approved by the School Board Of the $358.4-MILLION appropriated by City Counci4 $312.1 -MILLION was committed in salaries and benefits, leaving only $46.2-MILLION in nonsalary related items. With the approval of the projected deficit reduction plan in October, more than 30 percent of the budget year was over and 16 6 percent of the budget was already spent. 7he goals of the projected deficit reduction plan were two fold.- (1) to protect current employees' jobs and salaries and (2) to keep the reductions as far away fi-om the classroom as possible. February 13, 1996 - 13 - CURRENT STATUS OF SCHOOLS' BUD4GET SHORTFALL ITEM # 40388 (Continued) RECOMMEND,4TIONS OF THE PROJECTED DEFICIT REDUCTION PLAN Institute a freeze on hiring all positions Hire only @e remaining positions on a substitute basis. After February 1, 1996, hire remaining teaching positions on a long- term substitute basis (no benefits). *Tth the eweption of teachers, kindergarten and special education teacher assistants, nurses, and school bus drivers, hire substitutes only on the second consecutive day of absence. Reduce all professional development activities by the following: Workshopy 50% - 70% Professional Travel 75% - 90% Tuition Retmbursement 50% Professional Books and Subscriptions 75% - 90% Dues and Memberships 50% - 90% Defer, delay, delete purchase of additional capital outlay (includes I buses, automobiles, etc.) Defer 15% of the equ@nt allocation draw account based on the revised March 31 ADM figures Defer 15% of the total draw account funds. SPECL4LIZED PROGRAM REDUCTIONS Discontinue Saturday Detention s 100,000 Delete the 'Kwck-Knock" Program 40,000 Reduce the contingency funds for elementary Pftrans by 50% (funds designated for @ce with non-budgeted items) 145,000 Ro&ee the contingency f@ for High School Cknroom Programs by 50% (funds designated for @ce with non-budgeted stenu) 100,000 Reduce other materials in TechnicalICareer Education 2,000 Recommend study of 10% reduction in athletic eventsl acdvides 50,000 Reduce printing and binding by 50% in Organiwional Support Services 30,000 Reduce Staff Development activities by 50% 150,000 Reduce other purchased services (consukants) in I@u Support by 50% 26,000 Reduce balance in other purchased services in Gifted and Taknted Services 28,000 ,R*Awce MedialSupport Services 100,000 Defer y Assessment Program 300,000 Reduce the contingency funds for Middle School Cl=room programs by 50% (funds designated for assistance with non-budgeted items) 57,000 workshop pay for Leadership Academy 8,000 Reduce other purchaseslservices in the Office of the Deputy Superintendent (Division In@ives) 125,000 Reduce Reprographic Services 50,000 Reduce out-of-swe travel for recruitment 20,000 Reduce other purchased services in Personnel 15,000 Defer tennis court resurfacing 25,000 POTEN7Z4L SA117NGS $1,371,000 February 13, 1996 - 14 - CURRENT STATUS OF SCHOOLS' BUDGET SHORTFALL ITEM # 40388 (Continued) 7he total reductions in the first phase analysis was estimated at $5,291,000. 7he $5,291, 000 in reductions would still leave a projected deficit of $1,306,226 Phase II of the Plan was developed to address this shortfall Utilize a 2.05% reduction factor in average daily membership rather than a 2.25% reduction factor. Impact: $500,000 Increase in state sales tax revenue Impact: $170,000 Review of rents, tuition, other local rentals. impact: $100,000 Greater attrition of personnel than expected Impact: $200,000 - $300,00 Eliminate all out-of-city travel that impacts the local operating budget. Impact.- $60,000 Eliminate the balance of additional capital outlay. I@ct: $200,000 Project savings from blanket purchase orders. Impact: $50,000 - $70,000. Reduce contingency amounts for elementary, middle, and senior high schools by an additional 25% Elementary $72,500 Senior High 50,000 Middle 23,500 Impact: $146,000 Reduce Staff Development activities by an additional 25% Impact: $75,000 Reduce other purchased services by an additional 25% in consultative services. Impact: $14,000 Review the need to reduce field trips - Savings will result from less fuel utilization and the need for less school bus maintenance. Impact: $20,000 77te recommendations in Phase 11 would produce $1,535,000 if all would materialize. February 13, 1996 - 15 - CURRENT STATUS OF SCHOOLS' BUD4GET SHORTFALL ITEM # 40388 (Continued) In December 1995, the School Board approved additional recommendations to cope with the 1"5-% @eted deficit 77iose recommendation included the followzng. Charging for the operating and maintenance costs for the use of school buses for field trips ($1.00 per mile). Est Savings: $100,000 Having adpninistrativelsupervisor staff substitute for five days between January 1996 and June 1996. d Savings: $ 60,000 Eliminate all out-of-town travel by school division employees dW is funded by the local operating budget. d Savings: $ 40,000 Unencumber additional amounts not being used within the @t purchase orders. E d Savings: $150,000 Reduce all centralladministrative offices' use of part-time substitute personnel by twenty-five percent. E d Savings: $ 20,000 In the Sc@l Division was actively and aggressively pursuing a plan to stay within appropriation and within budget. Since October, the status of federal revenue can best be described as uncertain. In October, the School Division estimated Federal Impact Aid at the same level it received in 1994-95 or $8,450,879. That estowe was $4,523,794 less @ what was budgeted in 1995-96. Between October and December, data received through constant communication with federal officials was revised to reflect actions by Congress. In January, estowed Impact Aid revenue was revised to $7,605,791, or $845,088 less than in October Department of Defense revenues were also revised fi-om an October estimate of $1,968,384 to $1,181,030 in January or by $787,354 due to changes in federal funding and eligibility levels. In summary, federal revenue estimated in January was $1,678,781 less than projected in October. State revenue estimates in October totaled $194,855,105. In @uary, the revenue was revised downward, due prwwtly to the School Diviswn receiving $584,952 less than budgeted for Reinedial Summer School and $673,093 less in state sales tax to $193,620,345. State sales tax revisions were received in late December. Estimates for state sales tax are made by the State Department of Taxation. Estimated state revenue estimates in January were $1,234,760 less than projected in October. In October 1995, local revenue was estimated at $148,555,596 or $500,000 more than budgeted. Estimated revenue in January 1996 is only $1 76,06 7 more than budgeted but a decrease from the October estimate of $323,933. Ihe City has met 100 percent of the budgeted revenue. In summary, revenue was estimated to be approximately $4,250,911 less than budgeted in October. Due to changes in Impact Aid and Deparoment of Defense @ing, less State sales tax than anticipated less state aid for categorical accounts, and less revenue from other local resources, the shortfall in revenue is estimated to be $7,48@385. 7he City Council appropriated $358,365,490 for expenditures. Encumbered fiends carried forward fi-om 1994-95 totaled $108,723, increasing the 1995-96 budget to $358,474,213. 7he October analysis of expenditures indicated that, if no changes were made, the School Division would expend $360,820,528, or $2,346,315 more than appropriated With the implementation of the projected deficit reduction plan, the estimated expenditures have been reduced to $355,461,448 (Column Four total of $355,8,89,272 minus $427,824 in adjustments or $3,012,765 LESS THAN APPROPRL4TED. February 13, 1996 - 16 - CURRENT STATUS OF SCHOOLS'BUDGET SHORTFAU ITEM # 40388 (Continued) 77;ere is apotential the Sc@ Division could receive additional revenue exceeding Three Million Dollars. Revenues from the Re@ Specml EAwcasum Center ($200,000) and the early retirement program ($125,#") are fairly certaipl Revenues fi-om additional students @ estimated are good based on @ical trends ($275,000). Personnel savings will grow each month and are not as certain due to fluc s in resignations and retirements. Revenue from the state for the ADM error must be aggressively pursued. With revenues being $7,488,385 less @ appropriated and @nditures being only $3,01Z 765 less than appropriate4 there exists the possibility of a shortfall between revenue and @nditures of $4,475,620. If all revenue sources are realized and no further savings in expenditures occur, that shortfall could be as low as $1.0-MILLJON Upon presenting this report to the School Boarit Board members asked the school administration to prepare a report outlining potential areas of reductwns to the projected shortfall in revenue. 77tose recommendatwns were presented on February 6 to the School Board and are outlined below: Ohe day of unpaid leave for all staff (close all schools and offices on June $ 1,450,000 14, a teacher records day) Close all departmentslschools June 24 - June 28 (11 and 12-month 1,000,000 employees) No pay EJbx@e cafeteria @tors at elementary schools 90,000 Flininate allpart-time help 60,000 Eliminwe spring athletics (includes salary supplements, officials, police, 360,000 and equownt) Delay all summer school programs until July 1, 1996 30,000 Elimbwe all wor@s for balance of year 30,000 Defer all repairs to schools 225,000 Do not staff any vacancy (except teachers and bus drivers) 80,000 No overmw (erxept emergencies) 50,000 Cancel before-and-after-school activities (include before-school and 100,000 after-sc@ childcare) - savings on utilities Do not refer students to private institutions (e.g. Richard Milburn and 200,000 SECEP) Fdiminate the Student leadership Summer Workshop 40,000 Delay @er recreation programs until July 1, 1996 (savings on utilities) 40,000 Charge Parks and Recreation DiTarhnent for utility costs for before-and 250,000 after-school activities for first semester 1995-96 (July 1995 - January 1996) 7he above list was in no way a recommendation or endorsement of such reductions. 7he items listed are not in any priority order. 7he reductions listed total $4,050, 000. Since the issuance of that report, other items suggested include: Reducing all adult education clmses, except where nwndated orfun4Ung Freezing all Imandated spending (except emergencies) E ngldeferring all nonmandated instructional programs Efiminating all publications, except those that update the public on flvcal crises. February 13, 1996 - 17 - CURRENT STATUS OF SCHOOLS' BUDGET SHORTFALL ITEM # 40388 (Continued) 77#e Sc@ Diviswn has made over $5-MILLION in reductions and expenditures since October 77te Board ted Ciry Cou*cU c to fund the worse-case scenario for the revenue shortfal4 whkh is now to be $4.4-MILLION. ReWve the possible comwidation of School and City Finances, Mayor Oberndorf advised two represmwives *tre selected by the School Board Cha@n: Tiin Jackson and Joe Tay@, and the two re,prese@ves from the City Council are: Council Members Linwood Branch and Barbara Henley. 7hese representatives met Monday, February 12, 1996. City Council did not concur with the aforementioned list of recommended reductions. However, culmination of Spring Athiefics is a School Board decision. February 13, 1996 - 18 - Item V-J. I PUBLIC HEARING ITEM # 40389 Mayor Meyera E. Oberndorf DECL4MD A PUBLIC HFAWNG: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION Tidewater Jewish Foundation, Inc. 7'he following registered in SUPPORT. Mark Gol&tein, 7300 Newport Avenue, Norfolk 23505, Phone: 489-8040, Executive Vice President and Chief Fxecutive Officer of the United Jewish Federation of Tidewater. 7'here being no @her speakers, Mayor Oberndorf CLOSED THE PUBLIC HFANNG. February 13, 1996 - 19 - Ite,m V-KI. RESOLUTIONS ITEM # 40390 Upon motion by Council Lady Strayhorn, seconded by Mayor Oberndorf, City Council ADOPTED. Re,solutwn to support legislation designating T r Jewish Foundation, Inc, exempt fi-om state and local real and personal property taxation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Deat4 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 February 13, 1996 1 A RESOLUTION SUPPORTING LEGISLATION 2 WHICH WILL DESIGNATE REAL AND 3 P AL PROPERTY OWNED BY TIDEWATER 4 JEWISH FOUNDATION, INC. AS BEING 5 EXEMPT FROM STATE AND LOCAL REAL AND 6 PERSONAL PROPERTY TAXATION 7 WHEREAS, real property located in the City of Virginia a Beach and to be acquired by Tidewater Jewish Foundation, Inc. is 9 currently subject to Ad valorem taxation; 10 WHEREAS, Tidewater Jewish Foundation, Inc. has requested 11 the Council of the City of Virginia Beach to adopt a resolution in 12 support of its request that the General Assembly act in accordance 13 with Article X, S 6 (a) (6) of the Constitution of Virginia to 14 designate the real and personal property of Tidewater Jewish 15 Foundation, Inc. as being exempt from state and local real and 16 personal property taxation; 17 WHEREAS, the tax assessed value of real estate to be 18 acquired by Tidewater Jewish Foundation, Inc. is $360,000.00, 19 Tidewater Jewish Foundation, Inc. owns no tangible personal 20 property located in the City of Virginia Beach, and if the 21 organization is not tax exempt, real estate taxes would total 22 $4,276.80 per year. 23 WHEREAS, pursuant to S 30-19.04 of the Code of Virginia, 2.4 the Council of the City of Virginia Beach has held a public hearing 25 prior to the adoption of this Resolution and has given all citizens 26 an opportunity to be heard; 27 WHEREAS, the provisions of S 30-19.04 of the Code of 28 Virginia have been examined and considered by the Council of the 29 City of Virginia Beach; and 30 WHEREAS, the Council of the City of Virginia Beach is of 31 the opinion that Tidewater Jewish Foundation, Inc. should be 32 designated as a benevolent corporation within the context of S 33 6(a)(6) of Article X of the Constitution of Virginia and that real 34 and personal property located in the City of Virginia Beach owned 35 by Tidewater Jewish Foundation, Inc. and used by it exclusively for 35 benevolent purposes on a nonprof it basis should be exempt from 36 state and local real and personal property taxation. 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 That the Council of the City of Virginia Beach supports 40 the enactment of legislation involving the designation of Tidewater 41 Jewish Foundation, Inc. as a benevolent corporation within the 42 context of S 6(a)(6) of Article X of the Constitution of Virginia 43 and that real and personal property owned by Tidewater Jewish 44 Foundation, Inc. which is located within the City of Virginia Beach 45 and used exclusively for benevolent purposes on a nonprofit basis, 46 be declared exempt from state and local real and personal property 47 taxation. 48 Adopted by the council of the City of Virginia Beach, 49 Virginia, on the 1 3 day of February 1996. 50 CA-6232 51 ORDIN\NONCODE\TJF.RES 52 R-1 53 PREPARED: 02/07/96 54 APPROVED AS TO LEGAL 55 SUFFICIENCY 56 57 Department of Law 2 - 20 - Item V-K2 RESOLUTIONS ITEM # 40391 BY CONSENSU@ City Council REMOVED FROM THE AGENDA: Resolution of support for the City of No@ re Transportation Enhancement F@ for the Intermodal Circulation System elements of the Crispus Altucks 7heater Cultural Center (,@ponsored by Council Lady Louisa M. Strayhorn) February 13, 1996 - 21 - Item V-K3. RESOLUTIONS ITEM # 40392 Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branck City Council ADOPTED. Resolution of support to make application for $50,000 in Transpo@n Fffwi*RcY IWmvement Funds from the Virginia Department of Rail and Public TransportaUon re @partation demand mmgement activities in the City; and the City will match $10,000 in @s if the application is approved Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henl4, 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 February 13, 1996 1 A RESOLUTION SUPPORTING PURSUIT OF 2 TRANSPORTATION EFFICIENCY IMPRO FUNDS 3 FROM THE VIRGINIA DEPARTMENT OF RAIL AND 4 PUBLIC TRANSPORTATION TO CONTINUE 5 TRANSPORTATION DEMAND MANAGEMENT ACTIVITIES IN 6 THE CITY OF VIRGINIA BEACH 7 WHEREAS, the Virginia Department of Rail and Public 8 Transportation, along with the Virginia Department of 9 Transportation and the Federal Highway Administration, have 10 announced the availability of Transportation Ef f iciency Improvement 11 Funds for local transportation demand management activities; 12 WHEREAS, up to a million dollars may be available to 13 Virginia localities for transportation demand management activities 14 during the upcoming fiscal year; 15 WHEREAS, the City of Virginia Beach has been previously 16 awarded approximately $88,000 to initiate transportation demand 17 management activities in Virginia Beach'B transportation network; 18 WHEREAS, the existing transportation demand management 19 program has provided transportation assistance to several 20 businesses and government organizations in Virginia Beach; and 21 WHEREAS, the Tidewater Transportation District Commission 22 has expressed its support for the City's proposal to pursue 23 additional funds and to continue transportation demand activities 24 in Virginia Beach; 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 That the Council of the City of Virginia Beach directs 28 the City staff to proceed with its application for $50,000 in 29 Transportation Efficiency Improvement Funds to continue 30 transportation demand management activities in the City of Virginia 31 Beach. 32 BE IT FURTHER RESOLVED: 33 That the Council of the City of Virginia Beach will 34 provide matching funds in the amount of $10,000 in the event this 35 application is approved. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 13 day of February 1996. 38 CA-6227 39 ORDIN\NONCODE\IMPROVE.RES 40 R-1 41 PREPARED: 02/02/96 APPROVED AS TO CONTENT Planning @t AIP T GAL Su @@nt f L@aw 2 - 22 - Item V-L. I. ORI)17VANCES ITEM # 40393 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhom, City Council ADOPTED: Ordinance to TRANSFER $400,000 from School 'Renovations and Replacements - Various' CIP 1-074 to 'Renowtions and Replacements - Reroofing" Capital Project 1-083 re roofing work at seven school sites, Voting: 10-0 Council Members Voting Aye: John A Baum, Linwood 0. Brancl; III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis F- Jones, Mayor Meyera E. Oberndorf Vice Mayor Wzllwm D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K Parker February 13, 1996 I AN ORDINANCE TO TRANSFER $400,000 FROM 2 SCHOOL "RENOVATIONS AND REPLACEMENTS - VARIOUS" 3 CAPITAL PROJECT TO "RENOVATIONS AND REPLACEMENTS - REROOFING" 4 WHEREAS, work identified within the School Capital Improvement Project 1-074 -5 "Renovations and Replacements - Various" has been completed for the current fiscal year; 6 WHEREAS, after completion of all work, there is an unencumbered balance remaining in 7 this project of $584,127; 8 WHEREAS, capital project 1-083 "Renovations and Replacements - Reroofing" has 9 identified needs of $400,000 to undertake roofing work at the following seven school sites: 10 Old Donation Center, Thalia Elementary, Trantwood Elementary, Alanton Elementary, W.T. I I Cook Elementary, Holland Elementary, and the Bus Garage. 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 1:3 VIRGINIA BEACH, VIRGINIA that funds in the amount of $400,000 be transferred to Capital 14 Project 1-083 "Renovations and Replacements - Reroofing" from Capital Project 1-074 1 5 "Renovations and Replacements - Various." 1 6 This ordinance shall be effective on the date of its adoption. 1 7 Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of 18 February -11996. 1 9 Approved as to Content: 20 LEGAT, 21 2@- Walter C. Kraemer, J - 23 - Item V-L.2.a. ORDINANCES ITEM # 40394 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED. OrtUnance to audwize temporary encroachment into a portion of the City @ variable width drainage easement to JOHN J. and SANDR4 A. DESFOSSES re constructing and maintaining an inground swimming pool, cement deck, fence and landscaping at rear of 1819 Tree Line Road in Great Neck Pines (LYNNIL4VEN BOROUGH). 7'he following conditions shall be required: 1. The owner agrees to construct and maintain the encroachment in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and the Department of Public Works. 2. 7he owner agrees to remove the encroachment when notified by the City of Virginia Beack at no expense to the City. 3. The owner agrees to keep and hold the City fi-ee and harmless of any liability as a result of the encroachment. 4. 77te owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 5. 77te owner agrees not to enlarge such permission and authority to permit the maintenance of construction of any encroachment other than that specified and to the limited extent specified, nor to permit the maintenance and construction of any encroachment by anyone other than the owner. 6. 77te owner agrees to post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred 7housand Dollars prior to issuance of a permit to construct said encroachment. 7 The owner agrees that any above ground encroachments shall confor7n to the minimum setbacks requirements, as established by the City Traffic Engincer's Office. 8. 7he owner agrees to submit for review and approrval, a survey of the area being encroached upon, certified by a professional engineer, andlor "as built' plans of the encroachment, if required by either the City Engineer @ Office or the Engineering Division of the Public Utilities Department. 9. 77ie owner agrees that upon revocation of authority and permission for the encroachment, the City may remove any such encroachment and charge the cost thereof to the owners and collect the cost in any manner provided by law for the collection of local or state taxes. 10. 7he owner agrees to pay $100 per day for each and every day that such encroachment is allowed to continue after being notified of necessary removal. February 13, 1996 - 24 - Item V-L2.a. ORDINANCES ITEM # 40394 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E. Oberndorf ;'ice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K Parker February 13, 1996 I AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 CITY'S VARIABLE WIDTH 5 DRAINAGE EASEMENT TO JOHN 6 J. DESFOSSES AND SANDRA 7 A. DESFOSSES, THEIR 8 HEIRS, ASSIGNS AND 9 SUCCESSORS IN TITLE 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That pursuant to the authority and to the extent thereof 13 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 14 John J. DesFosses and Sandra A. DesFosses, their heirs, assigns and 15 successors in title are authorized to construct and maintain a 16 temporary encroachment into the City's variable width drainage 17 easement at 1819 Tree Line Road. is That the temporary encroachment herein authorized is for 19 the purpose of constructing and maintaining an inground swimming 20 pool, cement deck, fence, and landscaping and that said 21 encroachment shall be constructed and maintained in accordance with 22 the City of Virginia Beach Public Works Department's specifications 23 as to size, alignment and location, and further that such temporary 24 encroachment is more particularly described as follows: 25 An area of encroachment into a 26 portion of the City's drainage 27 easement, on the certain plat 28 entitled: "SITE PLAN OF LOT 26 29 SUBDIVISION OF GREAT NECK PINES 30 LYNNHAVEN BOROUGH VIRGINIA BEACH, 31 VIRGINIA FOR R. B. STEVENS 32 CONSTRUCTION CO., INC.," a copy of 33 which is on file in the Department 34 of Public Works and to which 35 reference is made for a more 36 particular description. 37 PROVIDED, HOWEVER, that the temporary encroachment herein 38 authorized shall terminate upon notice by the City of Virginia 39 Beach to Mr. and Mrs. DesFosses, their heirs, assigns and 40 successors in title and that within thirty (30) days after such 41 notice is given, said encroachment shall be removed from the City's 42 drainage easement and that their, his heirs, assigns and successors 43 in title shall bear all costs and expenses of such removal. 44 AND, PROVIDED FURTHER, that it is expressly understood 45 and agreed that Mr. and Mrs. DesFosses, their heirs, assigns and 46 successors in title shall indemnify and hold harmless the City of 47 Virginia Beach, its agents and employees from and against all 48 claims, damages, losses and expenses including reasonable 49 attorney's fees in case it shall be necessary to file or defend an 50 action arising out of the location or existence of such 51 encroachment. 52 AND, PROVIDED FURTHER, that the party of the second part 53 agrees to maintain said encroachment so as not to become unsightly 54 or a hazard. 55 AND, PROVIDED FURTHER, that this ordinance shall not be 56 in effect until such time that Mr. and Mrs. DesFosses execute an 57 agreement with the City of Virginia Beach encompassing the 58 aforementioned provisions. 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the 13 day of February 19 96 61 01/11/96 62 CBC/tga 63 F:\..\CAHOON\DESFOSSE.ORD 2 THIS AGREEMENT, made this 20 day of @A,.r- 19 qS' , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and JOHN J. DESFOSSES and SANDRA A. DESFOSSES, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part (even though more than one). W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain an inground swimming pool, a 31 cement deck, 41 aluminum pool fence, and landscaping to be installed in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such inground I swimming pool, 3' cement deck, 41 aluminum pool fence, and landscaping, it is necessary that the said party of the second part encroach into a portion of an existing variable width City drainage easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such inground swimming pool, 31 cement deck, 41 aluminum pool fence, and landscaping within a portion of the City's variable width drainage easement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the GPIN 2408-33-0391 f irst part doth grant to the party of the second part a temporary encroachment to use a portion of the City's variable width drainage easement for the purpose of constructing and maintaining such inground swimming pool, 3' cement deck, 41 aluminum pool fence, and landscaping. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's drainage easement as shown on that certain plat entitled: "SITE PLAN OF LOT 26 SUBDIVISION OF GREAT NECK PINES LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA FOR R. B. STEVENS CONSTRUCTION CO. INC." a copy of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the city of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's variable width drainage easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. 2 it is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment, It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that prior to issuance of a permit to construct the said encroachment, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's Office. 3 it is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer I s of f ice or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JOHN J. DESFOSSES and SANDRA A. DESFOSSES, the said party of the second part have caused this 4 Agreement to be executed by their signatures and seals duly af f ixed. Further, that the city of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto af fixed and attested by its City Clerk. ROVED AS TO CCi,,, CITY OF VIRGINIA BEACH By DEPAR7MENT Designee of the City Manager (SEAL) ATTEST: city Clerk (SEAL) EAL) SANDRA A. DESFOS E STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-Wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that I CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of 1 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Notary Public My Commission Expires: 5 -ATATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of I 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, -76Atv t3 N-4woei-u a Notary Public in and for the City and State aforesaid, do hereby certify that JOHN J. DESFOSSES and SANDRA A. DESFOSSES, whose names are signed to the foregoing writing, bearing date the - r24OA- day of big cem 134Ft , 19'?T , have acknowledged the same before me in my City and State aforesaid. Given under my hand this Zol* day of 191@ Notary Public My Commission Expires: 7- 31- f8 6 Ito LOCATIO I AXF very /$/A c Irea@t OAS P KF i't p - 25 - Item V-L.2.b. ORDLYANCES ITEM # 40395 Parke G. Mach@ 207 Massie Road, Richmoni4 Va. 23221, Phone: (804) 353-8704, represented herself. Upon motion by Councilman Brancl; seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to authorl-e temporary encroachment into a portion of the right-of-way of Oceanfi-ont Avenue and 45th Street to THOMAS E. and PARKE G. MACHL4 re maintaining shrubs at 4501 Oceanfront Avenue (1,7RGINL4 BEACH BOROUGH), subject to: 7he following conditions are required: 1. 7he owner agrees to construct and maintain the encroachment in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and the Depart?nent of Public Works. 2. The owners agrees to remove the encroachment when notified by the City of Virginia Beach within thirty (30) days, at no expense to the City. 3. 7he owners agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 4. 77te owner agrees not to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified and to the limited extent specified, nor to permit the maintenance and construction of any encroachment by anyone other than the owner. 5. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 6 7he owner agrees to obtain a permit from the Development Services Center prior to commencing any construction. 7 77te owner agrees that upon revocation of authority and permission for the encroachment, the City may remove any such encroachment and charge the cost thereof to the owners and collect the cost in any manner provided by law for the collection of local or state taxes, as well as, require the owner to remove such encroachment and pending such removal, pay compensation for the use of such portion of the City's right-of- way encroached upon. 8. The owner agrees to pay $100 per day penalty for each and every day that such encroachment iv allowed to continue after notice of termination of permission. February 13, 1996 - 26 - Item V-L.2b. ORDINANCES ITEM # 40395 (Continued) Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf Vice Mayor Willtam D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: Robert K Dean Council Members Absent: Nancy K Parker February 13, 1996 1 AN ORDINANCE TO AUTHORIZE A 2 TEMPORARY ENCROACHMENT INTO A 3 PORTION OF THE RIGHT-OF-WAY OF 4 OCEANFRONT AVENUE TO THOMAS E. 5 KACHIA AND PARKE G. MACHIA, THEIR 6 HEIRS, ASSIGNS AND SUCCESSORS IN 7 TITLE 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That pursuant to the authority and to the extent thereof 11 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 12 Thomas E. Machia and Parke G. Machia, their heirs, assigns and 13 successors in title are authorized to construct and maintain a 14 temporary encroachment into the right-of-way of Oceanfront Avenue. 15 That the temporary encroachment herein authorized is for 16 the purpose of maintaining that portion of the "HEDGEROW" adjacent 17 to 4501 Oceanfront Avenue in accordance with the City of Virginia 18 Beach Public Works Department's specifications as to size, 19 alignment and location, and further that such temporary 20 encroachment is more particularly described as follows: 21 The "Hedgerow" adjacent to 4501 Oceanfront 22 Avenue and into a portion of Oceanfront Avenue 23 as shown on the certain plat entitled: 24 "TOPOGRAPHIC SURVEY OF A PORTION OF 45TH 25 STREET & OCEANFRONT AVENUE VIRGINIA BEACH 26 NEAR # 4501 OCEANFRONT AVENUE VIRGINIA BEACH 27 BOROUGH - VIRGINIA BEACH, VIRGINIA FOR PARKE 28 G. MACHIA & THOMAS E. MACHIA," prepared by 29 Ward M. Holmes, Land Surveyor, P.C., a copy of 30 which is on file in the Department of Public 31 Works and to which reference is made for a 32 more particular description. 33 PROVIDED, HOWEVER, that the temporary encroachment is 34 solely that portion of the "Hedgerow" noted and described above 35 located along the eastern boundary of 4501 Oceanfront Avenue and 36 does not include encroachments in 45th Street as shown on the above 37 referenced topographic survey. 38 PROVIDED, HOWEVER, that the temporary encroachment herein 39 authorized shall terminate upon notice by the City of Virginia 40 Beach to Mr. and Mrs. Machia, their heirs, assigns and successors 41 in title and that within thirty (30) days after such notice is 42 given, said encroachment shall be removed from the City's 43 right-of-way of Oceanfront Avenue and 45th Street and that Mr. and 44 Mrs. Machia, their heirs, assigns and successors in title shall 45 bear all costs and expenses of such removal. 46 AND, PROVIDED FURTHER, that it is expressly understood 47 and agreed that Mr. and Mrs. Marcia, their heirs, assigns and 48 successors in title shall indemnify and hold harmless the City of 49 Virginia Beach, its agents and employees from and against all so claims, damages, losses and expenses including reasonable 51 attorney's fees in case it shall be necessary to file or defend an 52 action arising out of the location or existence of such 53 encroachment. 54 AND, PROVIDED FURTHER, that the party of the second part 55 agrees to maintain said encroachment so as not to become unsightly 56 or a hazard. 57 AND, PROVIDED FURTHER, that this ordinance shall not be 58 in effect until such time that Mr. and Mrs. Marcia execute an 59 agreement with the City of Virginia Beach encompassing the 60 aforementioned provisions. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the - 13 day of F-ebruarv _, 1996. 63 CA-6220 64 11/6/95 65 02/14/96 2 THIS AGREEMENT, made this ld%Zk day of IhfV 19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and i@ THOMAS E. MACHIA and PARKE G. KACHIA, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, GRANTEE. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to maintain existing landscaping in the city of Virginia Beach; and WHEREAS, in maintaining such landscaping, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as ocean Front Avenue and 45th Street; and said party of the second part has requested that the party of the first part grant a temporary encroachment to fac-'@l-@tate such existing landscaping within a portion of the City's right-of-way known as Ocean Front Avenue and 45th Street. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Ocean Front Avenue and 45th Street for the purpose of maintaining such landscaping. it is expressly understood and agreed that such II temporary encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public I' Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as ocean Front Avenue as shown on that certain plat it entitled: "TOPOGRAPHIC SURVEY OF A PORTION OF 45TH STREET & OCEANFRONT AVENUE LOCATED NEAR # 4501 OCEANFRONT AVENUE VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA FOR PARKE G. MACHIA & THOMAS E. MACHIA," prepared by Ward M. Holmes, Land Surveyor, P.C., 9225 Granby Street, Norfolk, Virginia 23503, 804- 480-1240, a copy of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice i given, such temporary encroachment shall be removed from the City's right-of-way known as ocean Front Avenue and 45th Street by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including 2 reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. it is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal ii the party of the first part may charge the party of the secona part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the 11 City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Thomas E. Machia and Parke G. Machia, the said party of the second part has caused this Agreement to be executed by signature and seal duly affixed. Further, that the city of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City 4anager/Authorized Designee of the City :Iianager 4 (SEAL) ATTEST: Cler la Pa STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, a Notary Public in and for the city and State aforesaid, do hereby certify that CITY MANAGER/AUTHORIZED DESIGNEE OF AGER, whose name is signed to the foregoing Agreement THE CITY MAN bearing date on the day of 19_, has fore me in my City and State aforesaid. acknowledged the same be GIVEN under my hand this day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on 5 the day of I 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. Notary Public My Commission Expires: STATE OF VIRGINIA @.L'I'x Ur to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS E. MACHIA and PARKE G. MACHIA, whose names are signed to the foregoing writing, bearing date the day of I 191r, have acknowledged the same before 4i me in my City and State aforesaid. Given unde hand this day of ire 9 blic My Commission Expires: ik Co=iWan Eige4 Mal 31,1391 6 xq b?l -r 'A ASPHALT DRIVE LOT 34A SHRUB IP(F') N 81'03' E 87.50' IP(F) 0 POR . FR. ED 2 -0 ON BRICK ui WALK ic7c OD CURB a; 0 C'4 4 0 C,4 3c HOLLY LOT B F= LOT A 2: < >1 ui F- ui OD ILO' Z 2 z o ;o 0 z CITY 'NO < PARKING' SGN@ (n L.Li C) BRICK BRICK WALK C) HE ow ST (70' (F'ORP4R@EL Ee A WN&t "IW EDGE OF ,4) PAVEMENT TOPOGRAPHIC SURVEY OF A PORTION OF 45TH STREET & OCEANFRONT AVENUE LOCATED NEAR 4501 OCEANFRONT AVENUE VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA FOR PARKLT G. MACHIA & THOMAS E. MACHIA DATE' FEB. 15, 1995 WARD M. HOLMES LAND SURVEYOR, P.C. SCALE: la - 25' 9225 GRANBY STREET NOTE: FOR PLAT SEE M.B. 182 NORFOLK, VIRGINIA 23503 PG. 21, VA. BEACH, VA. 804-480-1230 PROJ. NO. 95161 IRATES ,ar SITE mo@ Sea SI LOCATION MAP March 9, 1995 Mr. Jim Lawson City Of Va. Beach office Of Real Estate Rm 170 Municipal Center Va. Beach, Va. 23456 RE: Application For an encroachment permit by the owners of 4501 Oceanfront Ave., Va. Beach, Va. 23451 Dear Mr. Lawson: I understand that the owners of 4501 Oceanfront Ave. have applied for an encroachment permit allowing them to plant a row of hedges in the city right-of-way along Oceanfront Ave and 45th St. I also want to point out that they have already planted the shrubbery in question. Their application comes as a result of a complaint that the City received.Their action of placing this shrubbery in the right of way has eliminated a substantial amount of public parking. I estimate that they have eliminated approximately 130 linear feet along Oceanfront Ave and 100 linear feet along 45th St. I am opposed to their request for the reasons listed below and request that this letter be placed in the file and given consideration when arriving at your decision. 1. I believe that their intent for planting the shrubs in the right-of-way is two fold. First, and foremost, they want to eliminate the publ.iclv- right to park along those two streets. This parking has existed for as long as I can remember and I have used this parking for the past 20 years during the summer. Secondly, by eliminating this parking, they are dramatically increasing their property. When you consider the amount of land that is in question (230 linear feet times 15 feet wide (3,450 sq. ft.), that represents .46% of the standard lot size (5Oxl5O) at the North-end. I would estimate that the value of a lot in their location to be worth around $225,000. Based on that, they propose to acquire the equivalent of $103,500 worth of real estate (.46 x $225,000) without paying for it or paying any real estate taxes! 2. The hedges are planted 5 feet off of the edge of the road pavement. Oceanfront Ave is not a particularly wide road and as such, this hedge does not allow vehicular traffic any margin of error in the event that a car or truck needs additional room to run off of the surface of the road in order to provide more room for a large passing car or truck. 3. This application, if approved, will establish a precedent that is not in the best interest of the public. I do not believe that public property should be taken from the public for the benefit a private owner. If approved, what will prevent every owner on 45th at, and every other street at the North-end from doing the same thing? How can you tell the next owner on 45th St that they cannot do the same thing. To allow owners to take away public parking for their own benefit is, in affect, privatizing the public beaches by eliminating the public's access to the beach by eliminating parking. I understand that the owner feels that they should be allowed to do this because everyone else at the north end does it. The City cannot possibly monitor the entire City for encroachment violations such as these;however, when the are brought to the attention of the City, as this has, the City has the obligation to do what is in the best interest of the public and not a private owner. I do not believe that approving this application is in the best interest of the public and as such, it should not be approved. I would ask that someone from your department contact me to keep me informed as to the progress of this matter. I would like to be notified when this matter is to go before the City Council. Thank you for your consideration in this matter. I can be reached during the day at 490-8300. Sincerel @bq(k R. Mark Johnson Michael A. Via 1404 N. Bayshore Dr. Virginia Beach, VA. 23451 March Mr. Jim Lawson City of VA. Beach Office of Real Estate 170 Municipal Center Virginia Beach, VA. 23456 Dear Mr. Lawson, I am writing in reference to the encroachment of private property and the elimination of public parking located at 4501 Oceanfront Ave. I have been using the beach and parking on this street for the past 22 years. Now one property owner has willfully disregarded and violated the rights of many public citizens to access the beach at this location. If every owner decided to do the same, where in God's name would we be able to park to access the beach and public property? No one person should be able to condemn public property for private use. Such wanton disregard of the rights of others causes ill will among citizens. We all must respect others rights, especially when it involves the greater needs of the public over individuals. The fact that this particular property owner believes he can do anything he wishes without prior city approval is unconscionable and needs to be denied any further consideration. Although this individual is obviously incapable of doing the right thing, I trust the city will by restoring the rights of the public in this case and any others such as this. Thank you for your consideration and assistance in this matter. Sincerely, @ 6. Vc,: Michael A. Via - 27 - Item V-L.2.c. ORDINANCES ITEM # 403% Upon motion by Councibnan Harrison, seconded by Ytce Mayor Sessoms, City Council ADOPTED.- Ordinance to authorize temporary encroachment into a portion of the right-of-way of 215 87th Sbvet to ROBERT TAYLOR re constructing and maintaining a 2-foot cinderblock retaining wall on Lot 16, Block 2, Section D, @ Henry (LYNNHAVEN BOROUCRH), subject to: 7'he following conditions shall be required: 1. 7he owner agrees to remove the encroachment when notified by the City of Virginia Beaci4 at no expense to the City. 2. 7he owner agrees to keep and hold the City free and harmless of any liability ay a result of the encroachment. 3. 7he owner agrees to maintain said encroachment so as not to become unsightly or a hazard 4. 7he owner agrees to no open cut of the public roadway @cept under extreme circumstances and such exceptions shall be submitted to the Development Services Center for final approval 5. 7he owner agrees to obtain a permit fi-om the Development Services Center prior to commencing any construction. 6 7he owner agrees to carry general liability insurance in an amount not less than $500,000 and have the City names as an additional insured 7 7he owner agrees to conform to the minimum setback requirements as established by the City Traffic Engineer's Office. 7he owner agrees to construct and maintain the encroachment in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and the Department of Public Works Specifications. 9. 7he owner agrees not to enlarge such permission and au&hority to permit the maintenance or construction of any encroachment other than that specified and to the limited extent specified, nor to permit the maintenance and construction of any encroachment by anyone other than the owner. 10. 7he owner agrees to obtain a permit fi-om the Development Services Center prior to commencing any construction within the City's right-of-way. II. 7he owner agrees to post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred 7housand Dollars. February 13, 1996 - 28 - Item V-L.3. ORDINANCES ITEM # 40396 (Continued) 12. 77se owner agrees to submit for review and approva4 a survey of the area being encroached upon, certified by a professional engineer andlor 'as built' plans of the encroachment if re*red by either the City Engineer's Office or the Engineering Division of the Public Utilities @rtment. 13. 7he owner agrees to pay $100 per day for each and every day that such encroachment is allowed to continue after being notified of necessary removal. Voting: 10-0 Council Members Voting Aye: John A. Ba@ Linwood 0. Branck III, Robert K Dear; 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 Absen Nancy K Parker February 13, 1996 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF 87TH 5 STREET TO ROBERT TAYLOR, 6 HIS HEIRS, ASSIGNS AND 7 SUCCESSORS IN TITLE 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That pursuant to the authority and to the extent thereof 11 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 12 Robert Taylor, his heirs, assigns and successors in title are 13 authorized to construct and maintain a temporary encroachment into 14 the right-of-way of 87th Street . 15 That the temporary encroachment herein authorized is for 16 the purpose of constructing and maintaining a retention wall and 17 that said encroachment shall be constructed and maintained in 18 accordance with the City of Virginia Beach Department of Public 19 Works' specifications as to size, alignment and location and 20 further that such temporary encroachment is more particularly 21 described as follows: 22 An area of encroachment into a 23 portion of the City's right-of-way 24 known as 87th Street , on the 25 certain plat entitled: of 26 ENCROACHMENT PLAT SHOWING BLOCK 27 RETAINING WALL IN 87TH STREET RIGHT- 28 OF-WAY LOT 16, BLOCK 2, SECTION D 29 CAPE HENRY MB I P Sb LYMMVEN 30 BOROUGH VIRGINIA BEACH, VA. SCALE: 31 111 = 10, 7 JULY 1995 GALLUP 32 SURVEYORS & ENGINEERS, LTD," a copy 33 of which is on file in the 34 Department of Public Works and to 35 which reference is made for a more 36 particular description. 37 PROVIDED, HOWEVER, that the temporary encroachment herein 38 authorized shall terminate upon notice by the City of Virginia 39 Beach to any of f icer of Robert Taylor, his heirs, assigns and 40 successors in title and that within thirty (30) days after such 41 notice is given, said encroachment shall be removed from the City's 42 right-of-way of 87th Street and that Robert Taylor, his heirs, 43 assigns and successors in title shall bear all costs and expenses 44 of such removal. 45 AND, PROVIDED FURTHER, that it is expressly understood 46 and agreed that Robert Taylor, his heirs, assigns and successors in 47 title shall indemnify and hold harmless the City of Virginia Beach, 48 its agents and employees from and against all claims, damages, 49 losses and expenses including reasonable attorney's fees in case it 50 shall be necessary to file or defend an action arising out of the 51 location or existence of such encroachment. 52 AND, PROVIDED FURTHER, that the party of the second part 53 agrees to maintain said encroachment so as not to become unsightly 54 or a hazard. 55 AND, PROVIDED FURTHER, that the party of the second part 56 agrees that no open cut of the public roadway shall be allowed 57 except under extreme circumstances and such exceptions shall be 58 submitted to the Highway Division of the Department of Public Works 59 for final approval. 60 AND PROVIDED FURTHER, that the party of the second part 61 agrees to obtain a permit from the Development Services Center 62 prior to commencing any construction within the city's right of 63 way. 64 AND PROVIDED FURTHER, that the party of the second part 65 agrees to carry general liability insurance in an amount not less 66 than $500,000 and have the city named as an additional insured. 67 AND PROVIDED FURTHER, that the party of the second part 68 agrees to conform to the minimum setback requirements as 69 established by the city traffic engineer's office. 70 AND, PROVIDED FURTHER, that this ordinance shall not be 71 in effect until such time that Robert Taylor execute an agreement 72 with the City of Virginia Beach encompassing the aforementioned 73 provisions. 74 Adopted by the council of the City of Virginia Beach, 75 Virginia, on the 13 day of February 19 96 ARROVL or),l THIS AGREEMENT, made this @ day ofa Vern be r 19@5 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA a municipal corporation, Grantor, party of the first part, and ROBERT TAYLOR, his heirs, assigns and successors in title, Grantee, party of the second part. W I T N E S S R T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a retaining wall in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such retaining wall, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as 87th Street; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such retaining wall within a portion of the City's right-of-way known as 87th Street. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as 87th Street for the purpose of constructing and maintaining such retaining wall. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the city of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as 87th Street as shown on that certain plat entitled: "ENCROACHMENT PLAT SHOWING BLOCK RETAINING WALL IN 87TH STREET RIGHT-OF-WAY LOT 16, BLOCK 2, SECTION D CAPE HENRY, 11 a copy of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. it is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the city of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as 87th Street by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the parties of the second part. It is further expressly understood and agreed that the parties of the second part agree to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the parties of the second part agree that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Development Services Center for final approval. It is further expressly understood and agreed that the parties of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the parties of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks 3 it is further expressly understood and agreed that the party of the second part shall submit for review and approval, survey of the area being encroached upon, certif ied by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Robert Taylor, the said party of the second part has caused this Agreement to be executed by his 4 signature and seal duly affixed. Further, that the City Of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its city Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager Authorized Designee of the city Manager (SEAL) ATTEST: city Clerk Robert Taylo: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the - day of 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the - day of 1 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this - day of 19-. Notary Public My Commission Expires: 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, )5 a Notary Public in and for the City and State aforesaid, do hereby certify that Robert Taylor, whose name is signed to the foregoing writing, the q@ bearing date day of 19@5, has acknowledged the same before me in my city and State aforesaid. Given under my hand this day of 19q -5. Nota@y Public My Commission Expires: C) 7 @S' HU@' '@R I INK, 1-7 @ERI LC SHOWING 215 87TH STREET SCALE: 1" EXIIIBIT "A" z LOT 14 @O S 07-15'000 E PIN(F) 50.00 z < LOT 16 z 0. U- tn 0 Z of Z ig 0 co F- UJ UJ 22.7' EX. R/W LINE 'O EX. OVERHEAD MRES co NEW CONC. APRON 150.00' N 0715-00- W PIN(F) EX.PP/SL LOT IS ENCROACHMENT PLAT SHOWING BLOCK RETAINING WALL IN 87th. STREET RIGHT-OF-WAY LOT 16, BLOO( 2. SECTION D CAPE HENRY MO I P Ob LYNNHAVEN BOFTO(JGH MRGINIA @CH, VA. SCALE: l' 10' 7 JULY 1995 lo a 0 to to scale feet Gallup Su li @re Ltd. 31 6 Firiit Colonial Road VIRGINIA BEACH, VIRGINIA 23454 Phone 428-8132 - 29 - item V-L.3. ORDINANCES ITEM # 40397 Upon motion by Counci@ Heischober, seconded by Councilman Baum, City Council ADOPTED: Ordinance to audwize Ldcense Refunds in the amount of $2,941.45 upon applicafion of certain persons and upon certification of the Commissioner of the Revenue. Voting: 9-0 Council Members Voting Aye: John A. Bau#4 Robert K Dea@ William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis P, Jones, Mayor Meyera E Oberndorf Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood 0. Branck 111, and Nancy K Parker February 13, 1996 NO. CA 0 FEV. 3" 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 Year Paid Base Penalty Int. Total Lloyd Tarbutton Associates, Inc. 1072 Laskin Road #202 1994-95 Audit 58.63 58.63 Virginia Beach, VA 23451 Shelton, James W. 1995 Audit 21.02 21.02 T/A Lights Out Termite & Pest control 5620 Comanche Road Virginia Beach, VA 23462 Certified as to Payment: Rd6 Commissioner of ti Revenue Approved as to form: This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling $79.65 were approved by the Council of the City of Virginia Beach on the 13 day of February 96 19 Ruth Hodges Smith City Clerk MM 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 License Date Base Penalty lnt. Total Year Paid First Photo, Inc. 1994-95 Audit 206.96 206.9ro T/A Photo Finishers The 2817 Shore Drive #102 Virginia Beach, VA 23451 Gate Petroleum company #507 T/A Gate Petroleum & Food P.O. Box 23627 1995 Audit 2,519.49 2,519.49 Jacksonville, FL 32241-3627 Gil, Italo 1993-94 Audit 135.35 135.35 T/A Vision Enterprises 5108 Hawks Bill Court Virginia Beach, VA 23464 Certified as to Payment: Commissioner of the Revenue Approved as to form: Leslie L. Lilfe-y City Attorney This ordinance Shall be effective from date of adoption, The above abatement(s) totaling S@,861.gn were approved by the Council of the City of Virginia Beach on the 13 day of February '19 96 Ruth Hodges Smith City Clerk - 30 - v- PUBLJC HEARING ITEM # 40398 PLANNING MaYor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. k7RG17VL4 BE,4CH N CLUB, INC AND WALTER CASON BARCO STREET CLOSURE 2. HARPERS INVESTMENTS CONDI77ONAL USE PERMIT 3. MOUNT BETHEL BAPTIST cmuRCH CONDITIONAL USE PERMIT 4. P.C.S. PRIMECO, L.P. COA7)rFIONAL USE PERNM S. AL4N C. H7LLL4MS COADMONAL USE PERUM 6. TAYLOR FARM ASSOCL4TEs, LLC CIL4NGES OF ZONING 7. CITY ZOA7NG ORDINANCE AMEND AND REORDAIN SEC. 4021DIMENSIONAL REQUIREMEN7'SIAG-IIAG-2 February 13, 1996 - 31 - item V-M.I. PUBLJC HFARING ITEM # 40399 PL,4NNING Auorney Jbhn Mchardsom 2101 Parks Avenue, represented the applicant and requested an additional 12 month DEFERRAL. Upon @ by Vice Mayor Sessoms, seconded by Councilman Jones, City Council DEFERRED AN ADDITJONAL 7WELVE (12) MONMS FOR COMPLL4NCE until February 11, 1997 7he Petitwn of VLRG17VL4 BEACH MARUN CLUB, 17VC and WALTER CASON BARCO for the discontinuance, closure and abandonment of the following parcels: Petition of Virg@ Beach Marlin Club, Inc. and Walter Cason Barco for the discontinuance, closure and abandonment of the following parcels: Parcel 1: Closure of a portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of forty -eight (48) feet along the Northern property line ( rn boundary of Block 30, Shadow Lawn Heights) and running in a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue. Parcel 2: Closure of a portion of Mediterranean Avenue, running a distance of forty -one (41) feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue. VIRGINL4 BEACH BOROUGH Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert K Deam 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.- Linwood 0. Branck III and Nancy K Parker February 13, 1996 - 32 - Ikm V-M.2. PUBLIC HFARING ITEM # 40400 PLANNING Lyle L. Tatroe, 1141 Cypress Point Way, Phone: 490-9880, Haworth Realo, represented the applicant Upon motion by Councibnan Deap; seconded by Yice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of IL4RPERS INVESTMEN7S, a Virginia General Partnership, for a Conditional Use Permit.- ORDINANCE UPON APPLICATION OF HARPERS INVESTMEN7S A P7RGINL4 GENERAL PARTNERSHIP, FOR A CONDITIONAL USE PERMIT R02962018 BE IT HEREBY ORDAINED BY THE COUNCIL OF THL CITY OF VIRGINLI BF,4CH, VIRGIVL4 Ordinance upon application of Harpers Investinents, a Virginia General Partnership, for a Conditional Use Permit for an automobile repair establishment on certain property located on the west side of Oceana Boulevard 309.07 feet south of Harpers Road Said parcel contains 2Z391 square feet. PRINCESS ANNE BOROUGII. 7he following conditions shall be required: 1. Building setbacks must be maintained frorn the ultimate First Colonial RoadlOceana Boulevard and Southeastern Parkway and Greenbelt rights-of-way. 2. Any free-standing signage must be monument style. 3. No repair, storage of materials, or overnight storage of vehicles will be permiued outside the building. 4. A @scape plan must be developed for the project that meets or exceeds City Zoning Ordinance requirements. 5. The site plan will include a cross access to the car wash site situated to the north. 7'his Ordinance sWi be effective in accordance with Section 107 (t) of the Zoning Ordinance. Ai4ted by the Council of the City of rirginia Beaci4 Virginia, on the 77tirteenth a f Feb inet n Hundred February 13, 1996 - 33 - Ben V-M.2. PUBLIC HEARING ITEM # 40400 (Continued) PLANNING Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck 111, Robert K Dea?t 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: William W Harrison, Jr. and Nancy K Parker February 13, 1996 - 34 - Item V-M.3. PUBIJC HEARING ITEM # 40401 PLANNING Robert & Miller, III, 5033 Rouse Drive, Phone: 490-9264, represented the applicant Upon moizon by Council Lady Strayhom, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon gwication of MOUAT BE7HEL BAPTIST CHURCH for a Conditional Use Pemy ORDINANCE UPON APPLJCATION OF MOUNT BETHEL BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R02962019 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI7Y OF 1,7RGINLI BE,4CH, VIRGINL4 Ortffnance Van application of Mount Bethel Baptist Church for a Con&@l Use Permit for a church on the east side of Indian River Road, north of @ Lake Lane. Said parcel is located at 4636 Indian River Road and contains 4.6 acres. KEMSPYILLE BOROUGH. 7'he following conditions shall be required: 1. Prior to the submission of detailed construction plans, the applicant shall meet with Planning Deparo"ent staff to discuss tree preservation and the location of required best management practice facilities for stormwater control. 2. 7he site must connect to City sewer, when available. 3. Category I landscape material shall be installed along the @ern side of the temporary classrooms to provide screening from Indian River Road 4. 77ic @rary classroom is approved for a period of five years. Any desired renewal will be through the Planning Commission and City Counci4 not a&ninistrative. 7'his Ordinance shall be effective im accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Trzrginia Beaci4 Virginia, on the Thirteenth QtFebruaM Nineteen Hundred and Ninety-Six, February 13, 1996 - 35 - Item V-M.3. PUBLIC HEARING ITEM # 40401 (Continued) PLAAWLIVG Voting: 10-0 Council Members Voting Aye: John A Bawn, Linwood 0. Branck 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 February 13, 1996 - 36 - Item V-M.4. PUBLIC HFANNG ITEM # 4"02 P ING Mark Willuunson, 9000 World Trade Center, Phone: 640-3713, was in attendance to respond to questions. Upon mohon by Counci@ Deat; seconded by Vice Mayor Sessoms, Cq Council ADOPTED an Ordnance upon application of P.C.S. PRIMECO, L.P. for a Conditional Use Permit.- ORDINANCE UPON APPLJCA TION OF P. C S. PRIMECO, L P. FOR A CONDITIONAL USE PERMIT FOR A 150-FOOT COMMUNICATIONS TOWER R02962020 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, V7RGINL4 Ordinance upon application of P.CS. PrimeCo, L.P. for a Conditional Use Permit for a 150-foot communications tower on property located 800 feet more or less west of General Booth Boulevard north of Dam Neck Road. Said parcel is located at 1525 General Booth Boulevard and contains 5.490 acres. PRINCESS ANNE BOROUCH. 7'he following conditions shall be required.- Only d"e trees necessary to accommodate the construction of the proposed tower, and accessory structures shall be removed from this site. All other trees located on this property will remain undisturbed 2 Future joint use, for primary and secondary tower users, must be accommodated on this tower. 3. 77te proposed tower must be designed and constructed in similar fashion as the existing monopole structure, including the coloration and lighting of the tower. Ms Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beaci; rzrginia, on the Thirteenth of Febriiaty, Nineteen Hundred and Ninety -Six, Voting: 10-0 Council Members Vohng Aye: John A. Baum, Linwood 0 Branch, III, Robert K Dear; William W Harrison, Jr., HaroZd Heischober, Barbara M Henley, Louis P, Jones, Mayor Meyera E Oberndorf Yzce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K Parker February 13, 1996 - 37 - item V-M.5. PUBL[C HEARING ITEM # 40403 PLANNING Alan C Williams, 1485 General Booth Boulevard #110, Phone: 425-0250 Upon motion by Councilman Dear; seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of ALAN C 47LLJAMS for a Conditional Use Permit., ORDINANCE UPON APPLICATION OF ALAN C lf7LLL4MS FOR A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL FACIL17Y (B,47TING CAGE) R02962021 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINLI BEACH, FIRGINL4 Ordinance Wm application of Alan C Williams for a Conditional Use Permit for an indoor recreational facility (batting cage) on the west side of General Booth Boulevard 900 feet more or less north of Dam Neck Road. Said parcel is located at 1489 General Booth Boulevard and contains 8 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The bauing cage shall occupy a space of approximately 3000 square feet, as delineated on the copy of the Booth Hill Sh@ng Center site plan submitted with the conditional use permit application. 2. 7he use shall be completely enclosed within the existing shqong center structure, and shall not involve the construction of any additional building area. 7his Ordinance shall be effective in accordance with Section 107 (o of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beacl; Virginia, on the Thirteenth Qf Febru n Hundred and Nine Voting: 10-0 Council Members Voting Aye: John A. DauN4 Linwood 0. Branck III, Robert K Deat4 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 February 13, 1996 - 38 - item V-M.6. PUBLIC HFARING ITEM # 40404 PLANNING Attorney P- E. Bour@ Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Upon motion by CounciLaman @ seconded by Vice Mayor Sessoms, City Council DEFERRED FOR TIHRTY DAYS UN77L CITY COUNCIL MEETING OF AL4RCH 12, 19% Ordinances upon applicafion of TAYLOR FARM ASSOCL47ES, LLC for Changes of Zoning District Classifications: ORDINANCE UPONAPPLIC4TION OF TAYLOR FARMASSOCL4TE@ LLC FOR A CIL4NGE OF ZONING DISTRICT CL4SSIFICATION FROM R-20 to R-10 Ordinance upon application of Taylor Farm Associates, LLC for a Change of Zoning District Classification from R-20 Residential District to R - 10 Residential District on the following parcels: Parcel 1: South side of London Bridge Road, 1460 feet more or less West of Pine View Avenue. Parcel 2: South side of London Bridge Road, 800 feet more or less West of Pine View Avenue. The proposed zoning classification change to R-10 is for single family residential land use on lots no less than 10,000 square feet. 7he C@ehensive Plan recommends use of this parcel for suburban low density residential at densities that a" compatible with single family use in accordance with other Plan policies. Said parcels contain 65 acres. PRINCESS ANNE BOROUGH. A ND, ORDINANCE UPON APPLICA TION OF TA YLOR FARM ASSOCLI TE@ LLC FOR A CHANGE OF ZONING DISTRICT CL4SSIFICATION FROM AG-1 TO R-10 Ordinance upon application of Taylor Farm Associates, LLC for a Change of Zoning Distnct Classification from AG -I Agricultural District to R-10 Residential District on certain property located 2650 feet more or less southwest of the intersection of Lontion Bridge Road and Pine View Avenue. 77&e proposed zoning classification cltange to R-10 is for single f@ly residential @ use on lots no less than 10,000 square feet. 7'he Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 11 acres. PRINCESS ANNE BOROUGH A ND, ORDINANCE UPON APPLICA TION OF TA YLOR FARM ASSOCLI TE@ LLC FOR A CHANGE OF ZONING DISTRICT CL4SSIFICATION FROM R - 10 TO PD -H2 PLANNED UNIT DETIELOPMENT Ordinance upon application of Taylor Farm Associates, LLC for a Change of Zoning District Classification fi-om R - 10 Residential District to PD-H2 Planned Unit Development on certain property located 2670 feet more or less southwest of the intersection of London Bridge Road and Pine View Avenue 7he proposed zoning classification change to PD-H2 is for planned development. 77te Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 175 acres. PR[NCESS ANNE BOROUGH. February 13, 1996 - 39 - Item V-M.6. PUBLIC HFARING ITEM # 40404 (Continued) PL,4NNING Voting: 10-0 Council Members Voting Aye: John A. Baum, LinwoodaBrancl; III, Robert K Deap; Willmm 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 February 13, 1996 - 40 - Item V-M.7. PUBLJC HFARING ITEM # 40405 PL-4NNING Upon motion hy Council Lady Henky, seconded by Vice Mayor Sessoms, City Council ADOPTED., Orduwnce to AMEND and REORDAIN Sectwn 402 of the City Zoning Ordinance re dine I req@ements in the AG-] and AG-2 Agncultural Districts DELETING requirement for 300 feet of road frontage. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Robert K Dear; William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louis P, 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 February 13, 1996 I Requested by Councilme @ r John A. Baum 2 3 AN ORDINANCE TO AMEND AND REORDAIN 4 SECTION 402 OF THE CITY ZONING 5 ORDINANCE OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA, PERTAINING TO 7 DIMENSIONAL REQUIREMENTS IN THE AG-1 8 AND AG-2 DISTRICTS 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 402 of the City Zoning ordinance of the City of 12 Virginia Beach, Virginia, is hereby amended and reordained to read 13 as follows: 14 Sec. 402. Dimensional requirements is The following chart lists the requirements within the AG-1 and 16 AG-2 Agricultural Districts for minimum lot area, width, yard 17 spacing, and height regulations for single-family dwellings. Note, 18 however, that minimum lot area, as stated in section 402 (a) (1) , 19 shall not be used to calculate density allowance. Allowable 20 density shall be determined in accordance with section 402(b). 21 (a) For single-family dwellings: Agricultural Districts AG-1 AG-2 22 (1) Minimum lot area: I acre I acre 23 (2) Minimum lot width: 150 feet 150 feet 24 (3) Minimum front yard setback: 50 feet 50 feet 25 (4) Minimum side yard setback: 20 feet 20 feet 26 (5) Minimum rear yard setback: 20 feet 20 feet 27 (6) Maximum height: 35 feet 35 feet 28 (7) The setback for any yard that adjoins a major street or right-of-way designated on the official transportation plan shall be 50 feet. 29 (b) Residential density. The allowable density on each tract 30 of land as existing on the effective date of this ordinance (June 31 28, 1994] shall be one (1) dwelling unit for each fifteen (15) 32 acres of land capable of supporting septic systems. Nothing herein 33 shall be construed as prohibiting the use by right of a lot 34 lawfully created on or prior to the ef f ective date of this 35 ordinance for the purpose of constructing one (1) single-family 36 dwelling. Additionally, any lot fifteen (15) acres or larger 37 lawfully created on or prior to the effective date of this 38 ordinance may be subdivided of right into a total of two (2) 39 building sites provided that each lot has at least three hundred 40 (309) feet ef pubile roadway frontage and satisfies all state and 41 local development regulations. 42 The following chart lists the requirements within the AG-1 and 43 AG-2 Agricultural Districts for minimum lot area, width, yard 44 spacing, maximum lot coverage and height regulations for uses 45 and structures other than dwellings. 46 (c) For uses other than dwellings: Agricultural Districts AG-1 AG-2 47 (1) Minimum lot area: 3 acres 3 acres 48 (2) Minimum lot width: 150 feet 150 feet 49 (3) Minimum front yard setback: 50 feet 50 feet 50 (4) The setback for roadside stands for any yard adjacent to street shall be 20 feet. 51 (5) Minimum side yard setback: 20 feet 20 feet 52 (6) Minimum rear yard setback: 20 feet 20 feet 53 (7) Maximum lot coverage: 15 15 percent percent 54 (8) The setback for any yard that adjoins a major street or right-of-way designated on the official transportation plan shall be 50 feet. 55 (9) There shall be no maximum height requirements for uses other than dwellings in the Agricultural Districts except that no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation. 2 56 Adopted by the City Council of the City of Virginia Beach on 57 this 13 day of February 1996. 58 CA-6137 59 WMK/ORDRES/45-402.ORD 60 DATE PREPARED - 11/13/95 61 Rl APFROVED AS TO CONTENT t 0 APPROVED AS TO LEGAL STJ"ICIENCY ltcpirt;cnt of Law 3 - 41 - V-N. APPOIA'TMEATS ITEM # 40406 BY CONSEIVSUS, City Council RESCHEDULED the following appointments: FRANCIS L41VD HOUSE BOARD OF SUPERT,7SORS PERSONNEL BOARD 1,7RGINL4 BF,4CH CRIME TASK FORCE YOUTH SERT17CES COORDINATING COUNCIL February 13, 1996 - 42 - Ite,m V- 0. UNFINISHED BUSIAIESS ITEM # 40407 77je following spoke in OPPOSITION to e@ination of trees on Shore Drive: Vtc@a Matheny, Ame: 491-1880, her daughter was one of the fatalities on Shore Drive Maury Bailey, 2412 Ketch Court, Phone: 496-1934 Dr. Martin Peskins, 113 83rd Street, Phone: 428-6575, suggested renaming this segment of the road "Seashore State Parkway" B. H. "Pat' Bridges, 557 Longleaf Road, Phone: 340- 7723 Reba S. McClanan, 3224 Burnt Mill Road, Phone: 340-8835, suggested renaming the road, "First @ng Parkway" Lisa Lillis, 2310 Calvert Street, @e: 496-0002, Environmental Scientist Jennifer Kyle, 2208 Lord Seaton Circle, Phone: 481-5775 Sandra Krebs, 1209 Sycamore Road, Phone: 486-8313 James Hayden, 2153 E. Admiral Drive (Cape Henry Shores), Phone: 481-1481 Upon motion by Councilman Harrison, seconded by Councilman Branck City Council.- Re: Shore Drive Hazard (Phase I - CIP 2-285). ACCEPTED the recommendations* and directed the City Manager to move @rd and use eve?Y effort possible to limit the number of trees (69 or @s) to be r and that the contractor identify the trees to be remmed. 77se City Manager's staff shall coordinate with the contractor to replant a similar number of trees within Seashore State Park or close within the vicinity along Shore Drive in the area of Fort Story. *A 6-foot wide stabilized shoulder left of traffic (with 3 feet of asphalt pavement and 3 feet of compacted aggregate) and a 10-foot wide stabilized shoulder nght of traffic (with 4 feet of asphalt pavement and 6 feet of cm"cted aggregate) for the westbound lanes of traffic. Within the limits of the asphalt portion of these Amlders %ill be included the rumble strips. 7he clearing of trees will beprovided to a point appr tely 12 feet beyond the @ting right edge of pavement, or of sufficient distance to Permut access fOr construction vehicles to install these roadway shoulders. The other recommendations outlined in the engineer's report will also be included in this project: continue Police enforcement program; install more frequent oversized speed limit signs; install rumble strips in shoulders; restore @ing pavement markings and markers; and install milepost markers. Funding is already programmed for the Awe I (westbound) @ovements in CIP 2-285 in the amount of $110,000, with an additional $550,000 to be provided by an approved grant to that account (2-285). Funding for the Phaye II (easffimnd) bwavements will be programmed in subsequent CIP updates. February 13, 1996 - 43 - item V-0. UNFINISHED BUSINESS ITEM # 40407 Voting: 8-2 Council Members Voting Aye: John A Baum, Linwood 0. Branci4 III, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Trice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: Robert K Dean and Mayor Meyera E. Oberndorf Council Members Absent: Nancy K Parker February 13, 1996 - 44 - Item V-PI AREW BUSIA(ESS ITEM # 40408 ADD-ON Counci@ Branch referenced the increased number of potholes as a result of the cold weather. John Herzke, Traffic Engineer, advised the City is aware of the progra@ and Public Works has identified the necessity for interiin patching and certain areas have been programmed for resurfacing. Mr. Herzke advised calls should be referred to Art Shaw, Engineer - Public Works, Operations. February 13, 1996 - 45 - Item V-R2 NEW BUSINESS ITEM # 40409 ADD-ON Council Lady Henky inquired as to whether there had been a total cost identified as a result of the City's ice @m. 77ie City Manager admed the costs are being itemized and he is hopefid the Fmergency Declaration re@sement will be afforded Costs are still being incurred with ongoing cleanup and sanitafion. Residents Amld place their broken tree limbs, cut into four-foot lengths, on the curb during normal collection times. 77te City Manger will report as soon as the analysis is received February 13, 1996 - 46 Item V-P.3 INEW BUSINESS ITEM # 4Ok4lO ADD-ON Counci@ Dean referenced a PUBLIC NOTICE of VDOT re the widening of Kempsville Road on the City @ and Chesapeake's corporate side. Any written requests for Public Hearings are to be received by Februapy 23, 1996. 7he advertisement reflects a widening of KempsvUle Road to sir lanes. 7his is an error as this Road is in the CIP for widening to four lanes. Counci@ Dean requested the Cities of Virginia Beach and Chesapeake have a PUBLIC HEARLVG on this projec4 not in NorfoLk nor Suffo* but somewhere along this corridor, ie. Tallwood Elementary SchooL John Herzke, City Engineer, advised the descnptwn was not totally accurate. 7his meeting is meant to cover both projects. VDOT a@s to choose a location for Hearings that is central or relatively close to the proposed site. 7he VDOT residency office is on Military Highway near Greenbriar. 7he notice was a 'willingness notice' to determine the level of participation for a Public Hearing, before one is SCHEDULED. February 13, 1996 - 47 - Item V-P.4. NEW BUSINESS ITEM # 40411 Mayor Oberndorf advised March 1, 1996, has been SCHEDULED for the JOINT WOPKSHOP of the City Council and Planning Commission relative the Comprehensive Plan. February 13, 1996 Itein IV- Q. ADJOURNMENT ITEM 40412 Mayor Oberndorf DECLARED 4he City Counczl Meeting ADJOURNED at 6:08 P.M. Chief Deputy City Clerk -------------------------- Meyera E. Oberndorf City Clerk Mayor C@ of Virginia Beach Virginia February 13, 1996