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HomeMy WebLinkAboutSEPTEMBER 10, 1996 MINUTES needs rescanningCity of Vic rala F3each "WORLD'S LARGEST RESORT CITY" CI X l I( 11_1v 1II_ VLO OR 1114 LN:11 (MLR NIX )RI. AcA�rga I/ L AIAUR 1111I I4VI II 51S5U'f t IR V-Le. I01IN .3 NAL01. HJ!Muarn IM...n,gF IA'U"(ION O HR 1N(11 HI. 1•(2r, IH.,. a IR ,...n r1ARU1D III IS( IIOHLE-1r-1(02 HARHARA kl III NLEY: Puny, Hnmggx IUUIS R. IONES. B ni e I AGAI NAN( F P.IRA1H. Ar-Iwp. IGI IS.-1 .l SIRHORN Non/.a the lLmuyh IANES R SP(1H1._ Lin 11/G4 (LSIIL L L11111. Cm -1 Wnro. RV II! IIOIK,1 I4IITI1 r.4[ A AE 1 rn LL+u I. BRIEFINGS CITY COUNCIL AGENDA SEPTEMBER 10, 1996 - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA IIE4(.11, VIRGINIA Ll451191)07 P9i 427-4303 A. OCEANA BOULEVARD Ralph A. Smith, Director, Public Works Frank Hickman, Public Works/Engineering Division B. SIDEYARD SETBACKS Robert J. Scott, Director, Planning II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION 12:00 NOON - 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 Tommy Taylor London Bridge Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL fi FORMAL SESSIONS - September 3, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PRESENTATION 1. KING NEPTUNE - Thomas Richard Frantz J. RESOLUTION/ORDINANCE 1. Resolution to authorize the City Manager to execute and deliver on behalf of the City a Deed conveying to Old Dominion University Real Estate Foundation approximately thirty-six (36) acres of land on Princess Anne Road, subject to the provisions of the 16 September 1992 Agreement of Sale between the City and the University for the Regional Higher Education Center (PRINCESS ANNE BOROUGH). 2. Ordinance to authorize a temporary encroachment onto a portion of City -owned property at the intersection of Princess Anne Road and Salem Road by Larkspur -Salem Recreation Association re construction and maintenance of a recreational information sign (KEMPSVILLE BOROUGH). K. PUBLIC HEARING - PLANNING 3:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Application of RACETRAC PETROLEUM, INC. for a Conditional Use permit for an automobile service station on the East side of South Military Highway, 1700 feet more or less North of Alexandria Avenue (636 and 644 South Military Highway), containing 1.5 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 2. Applications of WIRELESS PCS, INC., agent for AT&T Wireless PCS, Inc.,for Conditional Use Permits for unmanned wireless communications facilities: a. North side of Virginia Beach Boulevard, 520 feet more or less West of Little Neck Road (3500 Virginia Beach Boulevard), containing 1.513 acres (LYNNHAVEN BOROUGH) b. Northeast corner of Atlantic Avenue and 56th Street (5600 Oceanfront Avenue), containing 3.2 acres (LYNNHAVEN BOROUGH) c. Northwest corner of Atlantic Avenue and 34th Street (205 34th Street), containing 1.46 acres (VIRGINIA BEACH BOROUGH) d. West side of Independence Boulevard, South of Broad Street (281 Independence Boulevard), containing 10.968 acres (BAYSIDE BOROUGH) Recommendation: APPROVAL 3. Application of BIG CHARLIE'S TRUCK PLAZA, INC. for a Conditional Use Permit to add a motel, truck wash facility and bulk storage yard to an existing truck stop on the North side of Northampton Boulevard, West of Baker Road (5792 Northampton Boulevard), containing 29.074 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL 4. Application of HAYDEN I. and SHERRI R. DUBAY for a Modification of Conditions placed on the 25 October 1994 approved application for Change of Zoning District Classification from 6-2 Community Business District and R-7.5 Residential District to Conditional 0-1 Office District at 4360 Shore Drive (BAYSIDE BOROUGH). Recommendation: APPROVAL 5. Applications of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN the City Zoning Ordinance re "Beverage Manufacturing Shops": a. Section 111, ADDING a definition b. Section 203 re parking requirements c. Section 901 re use regulations in the business districts Recommendation: APPROVAL L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION PUBLIC LIBRARY BOARD - STUDENT REVIEW AND ALLOCATION COMMITTEE (COIG) SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * 09/05/96 AGENDA\09-10-96.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 10, 1996 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING for the VIRGINL4 BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, September 10, 1996 at 12:00 NOON. Council Members Present: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III [ENTERED: 12:12 P.M.] Louisa M. Strayhorn [ENTERED: 12.•25 P.M.] -2- CITY MANAGER'S BRIEFING OCEANA BOULEVARD 12:00 NOON ITEM # 41176 Ralph Smith, Director of Public Works, advised in 1977, the City recognized the need for improvement to the corridor of First Colonial Road and Oceana Boulevard. In 1983, the Capital Improvement Program included two projects. In 1985 the VDOT Urban Program was requested to incorporate this project, and it was combined and put into a single project with VDOT. A location hearing was held in 1989. With the 55% percent design completed, a Design Public Hearing was scheduled. After the various issues were resolved in August 1995, the City Staff was prepared to come to City Council; however, in the meantime the staff became sensitive to the fact that the Southeastern Parkway and Greenbelt was being funded for advanced acquisition and there was a likelihood it would be considered by City Council in the 1996 program. This portion of the project in Virginia Beach was incorporated in the 1996-1997 Capital Improvement Program. As originally developed, this project provided for the widening of First Colonial Road/Ocean Boulevard to four lanes, built to full urban design standards (e.g. 20 year pavement design, curb and gutter and underground drainage), from Virginia Beach Boulevard to General Booth Boulevard Due to the proximity of the recently programmed Southeastern Parkway and Greenbelt, it was prudent to reconsider the planned improvements to the middle section of the project (i.e. Oceana Boulevard). When the Southeastern Parkway and Greenbelt is constructed, the City will no longer have the traffic volumes on Oceana Boulevard that justify having a four lane divided roadway. The second concern is the proximity of the two roads. The distance from the edge of the pavement on the east side of Oceana Boulevard to the right-of-way line on the west side of the Parkway could be as small as 22- feet and was never greater than 500 feet. Therefore the two roads in the section were very close together creating an aesthetic problem. By the end of 1999, the Navy will have over 5,000 more individuals working on the base. The State is planning to complete design of their two sections of the roadway in July 1998 and complete construction in May 2001. The City will do the design and construction of the center section of the project, completing design in June 1997 with construction in September 1998. The Southeastern Parkway and Greenbelt section is scheduled by the State to complete design, if design proceeds pass the environmental stage, in March 1999 and complete construction of that section running from Laskin Road to Dam Neck Road in 2004. The staff is proposing a 7-year road through this section. City Staff is now recommending temporary improvements only to Oceana Boulevard between Southern Boulevard and the main entrance to NAS Oceans. These temporary improvements would provide an additional two lanes with a design life sufficient to last until the first phase of the Southeastern Parkway and Greenbelt is constructed. The additional lanes would utilize a rural section with a 15 foot median separation from the existing Oceana Boulevard, 6-foot shoulders and no curb and gutter. The reduced scope of improvement will not qualify for VDOT funding and must be fully funded by the City. There are three options for the City funded middle section of the projects. Frank Hickman, Public WorkslEngineering Division, advised in 1999, approximately 26,000 vehicles per day will be traveling on Oceana Boulevard definitely qualifying for four -lane capability. In the year 2015, after the Southeastern Parkway comes on line, the traffic volumes on existing Oceana Boulevard will be on the order of 9,000 to 11,000 vehicles per day. The three options to provide a solution were identified as: West Option: easiest to constructlleast expensive, 300-foot set aside for proposed right-of-way of the Southeastern Parkway. Two 11 foot temporary lanes to the west of the existing Oceana Boulevard With Navy Property Dedication Without Dedication $ 2.1 -MILLION $ 2.7-MILLION East Option: most expensive option, mirror image of the west option; however, the proposed lanes are constructed to the east of the existing Oceana Boulevard With Navy Property Dedication Without Dedication $ 2.8-MILLION $ 3.5-MILLION September 10, 1996 -3- CITY MANAGER'S BRIEFING OCEANA BOULEVARD ITEM # 41176 (Continued) Equal Widening Option: considerable traffic control problems during construction. Eleven feet of pavement on either side of the existing Oceana Boulevard and a four -foot paved shoulder. Construction is simple; however, traffic control would be extremely difficult. With Navy Property Dedication Without Dedication $ 2.1-MILLION $ 3.0-MILLION At a meeting on August 23, 1996, with the Commanding Officer of Naval Air Station Oceana each of the Oceana Boulevard options was discussed The West Option was recommended by staff based on cost and relative ease of construction. Captain Benson concurred with this option and agreed to support and dedicate use of the Navy's property for the project. The northern and southern sections of the project will remain a VDOT project per the current design. Construction should commence in the Fall of 1997 with completion in the Fall of 1998. If the Southeastern Parkway and Greenbelt was not built, the option would fit in with the original plan. Ralph Smith advised there were 27 citizens who spoke on the issue of the Prosperity Road realignment, twenty-five of which were in favor with two opposed. Two individuals who will have total taking of their property will be affected At this merge of General Booth and Oceana Boulevard, there will be a much better flow and reduction of a very high accident rate. Access to all the facilities (Golden Coral, Boothe Hill Shoppes) will be improved by this project. This item will be SCHEDULED for the City Council Session of September 23, 1996. September 10, 1996 -4- CITY MANAGER'S BRIEFING SIDEYARD SETBACKS 12:35 P.M. ITEM 8 41177 Robert Scott, Director of Planning, advised approximately one out of five VARIANCES before the Board of Zoning Appeals has related to the issue of side yard setbacks for accessory dwellings. The Board is in the uncomfortable position of granting variances where an amendment to the ordinance would resolve the recurring and general situation as set forth in Section 15.1-495 of the Virginia Code. Therefore, the Board proposed an amendment to reduce rear and side yard setbacks for certain accessory uses in the Residential Districts. Concern was expressed by the Council of Civic Organizations and the Board attempted to compromise and revised the amendment on two occasions. The proposal would be limited to only 4 districts (R-7.5, R-SD, R-SR and R-SS) where the lot size is no greater than 7500 square feet. This ordinance was brought forward to the Planning Commission. The Council of Civic Organizations adjusted its view and decided this was not acceptable either. The Board of Zoning Appeals believed this remedy was not acceptable as it did not address the problem. This proposal gives individuals with nonconforming lots greater rights than individuals whose lots conform to the Zoning Ordinance. James A. Wood, Chairman - Board of Zoning Appeals, in his correspondence, advised if this is the "best solution" in terms of the Planning Commission, it is better not to do anything at all. Mr. Scott advised the accessory structure could not exceed the height of the principal structure. In addition, it cannot exceed 500 square feet of floor area or 20% of the floor area of the principal structure. Pat Janezecly Zoning Administrator, advised placement of accessory structures accounts for 90% of the variances. The resident does not want to place the structure in a very small backyard and they would rather place this structure on a corner of the lot. From July 1995 to July 1996 in the R-10 which is not included in this proposed amendment, there were 25 requests for variances, and in the R-7.5 there were 22 cases with approximately 3 requests in each of the zonings below R-7.5 and approximately 3 requests in each of the zonings above. The Board considered 91 variances and approved 85 in that particular period. The middle area lots (R-7.5/R-10), which are minimum size and consider the backyard a very precious commodity are the m41or requests. The concern with the larger lots was placing the structure in the middle of the yard An in -ground pool can come within 5 feet of the rear and side lot line as long as it is not a setback from the street. This has been in the code for approximately eight years; however, an attached deck to the house would have to meet the house setbacks. A detached accessory structure would consist of a garage, shed greenhouse or pool house. City Council agreed there should be no further action on this item until a better resolve is established. September 10, 1996 -5- CONCERNS OF THE MAYOR ITEM # 41178 Mayor Oberndorf expressed concern from all over the City relative commercial vehicles advertising businesses ("rolling billboards"). These are parked in private parking lots abutting major thoroughfares advertising that particular businesses in the area. Mayor Oberndorf advised this City is beautiful and this type of advertising is circumventing the City's objective. Mr. Pat Janezec& Zoning Administrator, advised there is a section within the code addressing vehicles utilized for sign purposes and enforcement may be difficult Mr. Robert Scott Director of Planning, advised the City Staff will investigate this further. ITEM # 41179 Mayor Oberndorf expressed appreciation to the City Manager and Louth Cullipher, Director of Agriculture, relative their participation in a "Day of Caring" by assisting in the painting of the Judeo- Christian Facility. Mayor Oberndorf referenced the article in The Beacon and congratulated them as professionals. The City Manager advised a team of twelve participated and utilized 27 gallons of paint in 3 hours. September 10, 1996 -6- ITEMS OF THE CITY MANAGER 12:55 P.M. FARMERS' MARKET ITEM 8 41180 The City Manager distributed the Policy Report relative the Virginia Beach Farmers' Market. The City Manager recommended the City Council approve the proposal under Short Term Options to continue operations at the current Market site through calendar year 1996, and that resources necessary to purchase tents for that purpose be appropriated from insurance payments, or transferred from General Fund Reserves for Contingencies, as needed Purchase is reconunended over rental because the price for rental from September to December is $4,800 per tent while purchase is $6,500. Staff will review this temporary operation and provide City Council a recommendation in December 1996, regarding continuation after December 31, 1996. Mayor Oberndorf advised the Neptune Country Fair Day will be on September 21, 1996, from 10:00 A.M. to 5:00 P.M. Louis Cullipher, Director of Agriculture advised the cause of the fire is still being investigated. Information relative the insurance is contained within the Policy Report. ITEM It 41181 The City Manager referenced material received from the School Superintendent relative nonrecurring items and expenditures for consideration when determining the ending Fund Balance. This entails $3- MILLION on transportation items, $1.8-MILLION on technology and $10.5-MILLION on Operating and Maintenance for a total of $15.3-MILLION. The City Manager has requested the School Superintendent advise by Friday, September 13, 1996, their priorities. The Ending Fund Balance will be discussed during the City Council Workshop on September 17, 1996. September 10, 1996 - 7 - AGENDA REVIEW SESSION 1:04 P.M. ITEM # 41182 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES RESOLUTION/ORDINANCE J.1 Resolution to authorize the City Manager to execute and deliver on behalf of the City a Deed conveying to Old Dominion University Real Estate Foundation approximately thirty-six (36) acres of land on Princess Anne Road subject to the provisions of the 16 September 1992 Agreement of Sale between the City and the University for the Regional Higher Education Center (PRINCESS ANNE BOROUGH). J.2 Ordinance to authorize a temporary encroachment onto a portion of City -owned property at the intersection of Princess Anne Road and Salem Road by Larkspur -Salem Recreation Association re construction and maintenance of a recreational information sign (KEMPSVILLE BOROUGH). September 10, 1996 -8- AGENDA REVIEW SESSION ITEM # 41183 Council Lady Strayhorn requested the following be discussed during the Formal Session: K1 Application of RACETRAC PETROLEUM, INC. for a Conditional Use Permit for an automobile service station on the East side of South Military Highway, 1700 feet more or less North of Alexandria Avenue (636 and 644 South Military Highway), containing 1.5 acres (KEMPSVILLE BOROUGH). ITEM # 41184 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K2 Applications of WIRELESS PCS, INC., agent for AT&T Wireless PCS, Inc.,for Conditional Use Permits for unmanned wireless communications facilities: a. North side of Virginia Beach Boulevard, 520 feet more or less West of Little Neck Road (3500 Virginia Beach Boulevard), containing 1.513 acres (LYNNHAVEN BOROUGH) b. Northeast corner of Atlantic Avenue and 56th Street (5600 Oceanfront Avenue), containing 3.2 acres (LYNNHAVEN BOROUGH) c. Northwest corner of Atlantic Avenue and 34th Street (205 34th Street), containing 1.46 acres (YIRGINLA BEACH BOROUGH) d. West side of Independence Boulevard, South of Broad Street (281 Independence Boulevard), containing 10.968 acres (BAYSIDE BOROUGH) J.3. Application of BIG CHARLIE'S TRUCK PLAZA, INC. for a Conditional Use Permit to add a motet truck wash facility and bulk storage yard to an existing truck stop on the North side of Northampton Boulevard, West of Baker Road (5792 Northampton Boulevard), containing 29.074 acres (BAYSIDE BOROUGH). J.4 Application of HAYDEN 1. and SHERRI R. DUBAY for a Modification of Conditions placed on the 25 October 1994 approved application for Change of Zoning District Classification from B-2 Community Business District and 7.5 Residential District to Conditional 0-1 Office District at 4360 Shore Drive (BAYSIDE BOROUGH). J.5 Applications of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN the City Zoning Ordinance re "Beverage Manufacturing Shops": a. Section 111, ADDING a definition b. Section 203 re parking requirements c. Section 901 re use regulations in the business districts September 10, 1996 -9- ITEM 8 41185 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 10, 1996, at 1:20 P.M. Council Members Present: John A. Baum, Linwood O. Branch, 111, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, lice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None September 10, 1996 - 10 - ITEM N 41186 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Mt: Appointments - Boards and Commissions: Agricultural Advisory Commission Public Library Board Review and Allocation Committee Southeastern Virginia Areawide Model Program Wetlands Board PUBLICLY -HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To -Wit: Princess Anne Borough Pungo Borough J.F,GA1. MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To -Wit: Lake Gaston Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, 111, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 FORMAL SESION VIRGINIA BEACH CITY COUNCIL September 10, 1996 2:00 PM. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 10, 1996, at 2:15 P.M. Council Members Present: John A. Baum, Linwood O. Branch, 1H,, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Ruth Hodges Smith, CMC/AAE The City Clerk PLEDGE OF ALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 10, 1996 — 12 — Item V—E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 41187 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor Wiliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Louisa M. Strayhorn September 10, 1996 *tnntuthnx CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM It 41186 Page No. 10 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk September 10, 1996 - 13 - Item V-F.1. MINUTES ITEM # 41188 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED, the Minutes of the INFORMAL AND FORMAL SESSIONS of September 3, 1996. Voting: 9-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Louisa M. Strayhorn September 10, 1996 - 14 - Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41189 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 10, 1996 - 15 - Item V-I. PRESENTATION ITEM # 41190 Mayor Oberndorf PROCLAIMED: SEPTEMBER 10, 1996 KING NEPTUNE DAY THOMAS RICHARD FRANTZ Each year, during the month of September, the residents of Virginia Beach and the surrounding areas are privileged to enjoy and celebrate the Virginia Beach Neptune Festival For twenty-three years, hundreds of volunteers have shared in making each Neptune Festival better than the last, as we celebrate our unique heritage and all that makes the City a great City and a proud community. Thomas Richard Frantz, King Neptune XXIII and his nine young Princesses presented Mayor and City Council with the Neptune Festival Brochures, Poseidon Pins, gold medallions and cake celebrating King Neptune's Birthday. September 10, 1996 lilru rtainat tint (Whereas: Each year, during the month of (September, the residents of (Virginia (Beach and the surrounding areas are privileged to enjoy and celebrate the (Virginia (Beach 9Yeplune %eshoal,• (lt)bereas: (For twenty-three years, hundreds of volunteers have shared in making each 9Yeplune %estival better than the last as we celebrate our unique heritage and all that makes the Cihy of (Virginia (Leach a great city and a proud community; '20bereus: One highlight of the 9Yeptune (Festival is the coronation of a special citizen as (King 9Yeptune; and (1Vbereas: 'The City of (Virginia (Beach commends 9Cng 9Yeplune the (Twenty-`l bird for the spirit of 9Yeplune which he represents — generosity, community awareness and involvement. 9Yow, (Therefore, 9 Weyera 8'. Oberndorf, Waller of the City of (Virginia (Beach, carginia, do hereby (Proclaim: (September 10, 1996 'Xing 91'eptune (lay calling upon all citizens to join me in congratulating 9Cing 9Yeplune 1996, (Thomas cJticbard (Frantz, in recognition and honor of this talented and gracious citizen. 9111 hine es (111fiernof 9 have hereunto set mu hand and caused the Official deal of the Cilia - 16 - Item V-L CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41191 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED BY CONSENT in ONE MOTION Items 1 and 2. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 - 17 - Item V-I.1. CONSENT AGENDA RESOLUTION/ORDINANCE ITEM # 41192 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to authorize the City Manager to execute and deliver on behalf of the City a Deed conveying to Old Dominion University Real Estate Foundation approximately thirty-six (36) acres of land on Princess Anne Road, subject to the provisions of the 16 September 1992 Agreement of Sale between the City and the University for the Regional Higher Education Center (PRINCESS ANNE BOROUGH). Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AND DELIVER ON 3 BEHALF OF THE CITY A DEED TO CERTAIN 4 REAL PROPERTY CONVEYING THE PROPERTY 5 TO- OLD DOMINION UNIVERSITY REAL 6 ESTATE FOUNDATION SUBJECT TO THE 7 PROVISIONS OF THE AGREEMENT OF SALE 8 DATED SEPTEMBER 16, 1992 BETWEEN THE 9 CITY OF VIRGINIA BEACH AND OLD 10 DOMINION UNIVERSITY 11 WHEREAS, by Ordinance Number 92-2173E adopted September 12 15, 1992, the Council of the City of Virginia Beach previously 13 approved a Memorandum of Agreement and Agreement of Sale providing 14 for the conveyance of certain real property (the "Property") to Old 15 Dominion University ("ODU") for the development of a comprehensive 16 higher education center (the "Project"); and 17 WHEREAS, the City of Virginia Beach (the "City") and ODU 18 subsequently entered into an Agreement dated February 24, 1995, in 19 furtherance of the Project providing for the expenditure of funds 20 by the City for preliminary plans associated with the Project; and 21 WHEREAS, ODU has requested that title to the Property be 22 transferred to Old Dominion University Real Estate Foundation (the 23 "Foundation"), a non -stock Virginia corporation, organized 24 exclusively for charitable, educational, literary and scientific 25 purposes, solely for the benefit of, to perform the functions of, 26 and to carry out the purposes of Old Dominion University 27 Educational Foundation and ODU; and 28 WHEREAS, the conveyance of title to the Property to the 29 Foundation is determined by City Council to be appropriate, within 30 the intent of and furthering the purposes of the previously 31 executed Memorandum of Agreement and Agreement of Sale related to 32 the Project. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 That City Manager is authorized to execute and deliver on 36 behalf of the City a deed to the Property substantially in the form 37 attached hereto conveying the Property to the Foundation subject to 38 the provisions of the Agreement of Sale dated September 16, 1992 39 between the City of Virginia Beach and ODU. 40 This Ordinance shall be in effect from the date of its 41 adoption. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on the 10 day of September , 1996. 44 CA-6424 45 ORDIN\NONCODE\CA6424.RES 46 R-1 47 PREPARED: August 30, 1996 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(1) AND 58.1-811(c)(3) THIS INSTRUMENT WAS PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS DEED is made this day of I 1996, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantor"), and OLD DOMINION UNIVERSITY REAL ESTATE FOUNDATION (the "Grantee"), a nonstock Virginia corporation, organized exclusively for charitable, educational, literary and scientific purposes, solely for the benefit of, to perform the functions of, and to carry out the purposes of Old Dominion University Educational Foundation and Old Dominion University (the "University"), the address of which is Hampton Boulevard, Norfolk, Virginia 23529. W ITNESSET H: That for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey, with SPECIAL WARRANTY, unto the Grantee, the following described property (the "Property"), to wit: ALL THAT certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PARCEL 1, AREA = 1,563,896 SQ. GPIN: 1496-63-6045 FT. ± or 35.9 AC + as shown on that certain plat entitled: "SUBDIVISION PLAT OF PARCEL 1, BEING A SUBDIVISION OF GREEN RUN FARM OWNED BY THE CITY OF VIRGINIA BEACH, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated June 28, 1996, prepared by Langley and McDonald, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at Page , to which reference is made for a more particular description. IT BEING a part of the same property conveyed to the Grantor from the City of Norfolk by Deed dated August 3, 1967, duly recorded in the aforesaid Clerk's Office in Deed Book 1019, at Page 47, and by Deed dated November 18, 1988, duly recorded in the aforesaid Clerk's Office in Deed Book 2787, at page 1661. This conveyance is made subject to the covenants, conditions, restrictions and easements of record, insofar as they may lawfully affect the Property, and an addition is specifically subject to the following covenants, restrictions and conditions, all of which shall run with the land and be binding upon the Grantee, and its successors in title to the Property: 1. The Grantee shall construct and the University shall operate an educational facility or facilities on the Property (the "Project"). Upon completion and, if applicable, expansion of the Project, the University shall provide upper division undergraduate and graduate programs consistent with the needs of the citizens of Virginia Beach and the Tidewater region. 2. If construction of the Project has not commenced prior to December 31, 2000, the Grantee shall convey the Property back to the Grantor by Special Warranty Deed in fee simple, free 2 and clear of all liens, encumbrances and restrictions with the exception of easements and restrictions of record acceptable to the Grantor. By mutual written agreement of the Grantor and the Grantee, the time limitations set forth in this paragraph may be extended for an agreed upon period of time. 3. The Grantee understands and agrees that the conveyance of the Property by the Grantor to the Grantee is based on the Grantee's representation that the Property will be used for public education purposes only. If the use of the Property for such purposes is discontinued or the Grantee proposes to convey the Property to a third party other than the University, the Grantor shall have the right, at it's sole discretion, to exercise the following options: A. To require the Grantee to convey the Property back to the Grantor by Special Warranty Deed in fee simple, without cost, provided no improvements have been made to the Property; B. To require the Grantee to convey the Property back to the Grantor by Special Warranty Deed in fee simple, upon payment by the Grantor to the Grantee of the fair market value of any improvements made to the Property by the Grantee subsequent to the Grantor's conveyance of the Property to the Grantee; or C. To approve of the conveyance of the Property to a third party; provided that any approval of the conveyance of the Property to a third party for purposes other than public education shall be conditioned upon the Grantee's agreement to 3 pay the Grantor the then current fair market value of the Property, without buildings or other improvements thereon, as determined by an independent real estate appraiser chosen by agreement of the Grantor and the Grantee. In the event the Grantor exercises this option, the aforesaid appraisal shall be conducted and payment for the Property shall be made to the Grantor within One Hundred and Twenty (120) days of the date upon which the Property is conveyed to a third party. 4. Notwithstanding any provision herein to the contrary, any conveyance of the Property by the Grantee to a third party other than the University, by sale, lease or otherwise, shall require the prior approval of the Grantor, which approval shall not be unreasonably withheld. By its acceptance and recordation of this Deed, the Grantee agrees to and accepts the foregoing covenants, restrictions and conditions. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its duly authorized representatives. APPROVED AS TO LEGAL SUFFICIENCY Department of Law (SEAL) ATTEST: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: City Manager/Authorized Designee of the City Manager 4 Ruth Hodges Smith City Clerk STATE OF CITY OF , to- wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that JAMES K. SPORE,k City Manager, or his authorized designee as executed above, on behalf of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1996. My commission expires: STATE OF CITY OF Notary Public , to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, on behalf of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 1996. My commission expires: Q: \ users \mgayle\...odu.ded day of Notary Public 5 - 18 - Item V-I.2. CONSENT AGENDA RESOLUTION/ORDINANCE ITEM # 41193 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize a temporary encroachment onto a portion of City -owned property at the intersection of Princess Anne Road and Salem Road by Larkspur -Salem Recreation Association re construction and maintenance of a recreational information sign (KEMPSVILLE BOROUGH) The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must obtain building and right-of-way permits from the Planning Department/Permits and Inspections/DSC. 5. The owner agrees to carry General Liability Insurance in an amount not less than $500,000.00 and have the City named additional insured. 6. The owner agrees to post a Permit Performance Bond or other form of surety approved by the Department of Planning, in a minimum amount of $1,000 or in accordance with the engineers' cost estimate. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 1 AN ORDINANCE TO 2 AUTHORIZE A 3 TEMPORARY 4 ENCROACHMENT 5 ONTO A PORTION OF 6 CITY OWNED 7 PROPERTY AT THE 8 INTERSECTION OF 9 PRINCESS ANNE ROAD 10 AND SALEM ROAD BY 11 LARKSPUR-SALEM 12 RECREATION 13 ASSOCIATION, ITS 14 ASSIGNS AND 15 SUCCESSORS IN TITLE 16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 17 VIRGINIA: 18 That pursuant to the authority and to the extent thereof contained in Section 15.1-893, 19 Code of Virginia, 1950, as amended, Larkspur -Salem Recreation Association, its assigns and 20 successors in title are authorized to construct and maintain a temporary encroachment onto the City 21 owned property located at the northwest corner of the intersection of Princess Anne Road and Salem 22 Road. 23 That the temporary encroachment herein authorized is for the purpose of constructing 24 and maintaining a recreational information sign and that said encroachment shall be constructed and 25 maintained in accordance with the City of Virginia Beach Public Works Department's specifications 26 as to size, alignment and location, and further that such temporary encroachment is more particularly 27 described as follows: 28 An area of encroachment into a portion of 29 the City's property at the intersection of 30 Princess Anne Road and Salem Road as 31 shown on the certain plat entitled: "PLAT 32 SHOWING PROPOSED RECREATION 33 SIGN AT SALEM AND PRINCESS 34 ANNE ROAD," a copy of which is 35 attached hereto as Exhibit "A" and to 36 which reference is made for a more 37 particular description. 38 PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall 39 terminate upon notice by the City of Virginia Beach to Larkspur -Salem Recreation Association, its 40 assigns and successors in title and that within thirty (30) days after such notice is given, said 41 encroachment shall be removed from the City's property at the intersection of Princess Anne Road 42 and Salem Road and that Larkspur -Salem Recreation Association, its assigns and successors in title 43 shall bear all costs and expenses of such removal. 44 AND, PROVIDED FURTHER, that it is expressly understood and agreed that 45 Larkspur -Salem Recreation Association, its assigns and successors in title, hereinafter referred to as 46 Party of the Second Part, shall indemnify and hold harmless the City of Virginia Beach, its agents and 47 employees from and against all claims, damages, losses and expenses including reasonable attorney's 48 fees in case it shall be necessary to file or defend an action arising out of the location or existence of 49 such encroachment. 50 AND, PROVIDED FURTHER, that the Party of the Second Part agrees to maintain 51 said encroachment so as not to become unsightly or a hazard. 52 AND, PROVIDED FURTHER, that the Party of the Second Part must obtain building 53 and right of way permits from the Planning Department/Permits and Inspections/DSC. 54 AND, PROVIDED FURTHER, that the Party of the Second Part agrees to carry 55 General Liability Insurance in an amount not less than $500,000.00 and have the City named 56 additional insured. 57 AND, PROVIDED FURTHER, that the Party of the Second Part agrees to post a 58 Permit Performance Bond or other form of surety approved by the Department of Planning, in a 59 minimum amount of $1,000, or in accordance with the engineers cost estimate. 60 AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such 61 time that an authorized officer of Larkspur -Salem Recreation Association executes an agreement with 62 the City of Virginia Beach encompassing the aforementioned provisions. 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of 64 September 19 96 65 2 ROVED AS TO CONTENT yznix +V SIGNA URE Ii Rea/ceded8 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY THIS AGREEMENT, made this 0W day of UDL'i 19 94 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and LARKSPUR-SALEM RECREATION ASSOCIATION, ITS ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W ITNESSET H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain an informational sign in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such informational sign, it is necessary that the said party of the second part encroach into a portion of an existing City property located at the intersection of Princess Anne Road and Salem Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such informational sign within a portion of the City's property at the intersection of Princess Anne Road and Salem Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), 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 property at the intersection of Princess Anne Road and Salem Road for the purpose of constructing and maintaining such informational sign. 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 property at the intersection of Princess Anne Road and Salem Road as shown on that certain plat entitled: "PLAT SHOWING PROPOSED RECREATION SIGN AT SALEM AND PRINCESS ANNE ROAD," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property at the intersection of Princess Anne Road and Salem Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. The party of the second part agrees to obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the second part agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the 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. 3 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 property. It is further expressly understood and agreed that (prior to issuance of a Highway permit,) the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of 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. It is further expressly understood and agreed that the encroaching informational sign shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed twelve (12) feet above the natural grade at the curb, and landscaping shall be approved by the Landscape Services Division of the Department of General Services. 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, 4 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 property 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, Larkspur -Salem Recreation Association has caused this Agreement to be executed by Charles E. Bensten, as President of said association with due authority to bind said association. 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. (SEAL) ATTEST: City Clerk PROVED AS TO Q4 1 4t3► iC' • SIGNAT RE 100444 Fthh DEPARTMENT 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Larkspur -Salem Recreation Association Charles E. B¢nsten, President APPROVED AS TO LEGAL SUFFICIENCY 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. 19 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 , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 My Commission Expires: 6 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and oresaid, do hereby certify that Charles E. Bensten, President, on behalf of Larkspur -Salem Recreation Association, whose name is signed to the foregoing cqA writing, bearing date the O day of 19 742, has acknowledged the same before me in my City and State aforesaid. State f Given under my hand this .847 day of , 19 /%. N to ublic My Commission Expires: J3 /3 / b8- 7 Larkspur -Salem Recreation Association 4040 Peridot Drive Virginia Beach, Virginia 23456 Resolution By this letter it shalniie resolved that Charles E. Bensten, in his capacity as President of the Larkspim-g.th Recreation Association, shall be authorized by the Board of Directors to sign fob the Association in matters that shall come before the board in the normal course of business. We hereby authorize these actions by our signature affixed below: Signed: Larkspur -Salem Board of Directors Lap oii) xobocz) ` iTio " J , Ja 'e Hanasik, Vice President Margaret dcklen, Secretary r a asik, Treasurer Carasella, Trustee Acknowledged: au.AL Charles E. Benste President Di 1 LO ON MAP FOR � ENCROACHMENT OF INFORMATIONAL SIGN ONTO jUL CITY PROPERTY AT INTERSECTION OF r7fl,PRINCESS ANNE ROAD AND SALEM ROAD /2/ BY LARKSPUR SALEM RECREATIONAL ASSOCIATION SCALE 0' 800' 1600' 5 �� \\-G��� %�' >L :\Ljc, avo21 o1 \ \ z g2 w th \ glg Z -�oc o ,` W C §igiLL7 89 \ L ;CI it 2 � Diog --r' LP Irs.E. 0 N -0) 0 (Y. z 6 2§ 2iw tip)Z 5o p� f 0 z J 04( -53 N.. r ZZ LAiqKSPUA - SAL [ [_-/-'i 'A sCH a- oOil cSZoCuw Fa r: /A\ 1S3 , , 0000 s a 04 (no ar/ >rsi Z Cs QN - a. QZWaC) ZZOOU) J J W W Q 0000cnu PROPERTY OF O co N r. Q 6 at N CO o cc 0 4a Z V c3 Q Z ¢W LIJ 'CV - pig Z m CC0 44 et CZ... Nt gQ N AGLETON'S - 19 - ITEM # 41194 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to recess into EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose: PUBLICLY -HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To -Wit: Princess Anne Borough Pungo Borough Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (2:23 P.M.). Voting: 10-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 10, 1996 - 20 - ITEM # 41195 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 10, 1996, at 3:05 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M. Strayhorn Council Members Absent: Barbara M. Henley and Vice Mayor William D. Sessoms, Jr. September 10, 1996 CERTIFICATION OF EXECUTIVE SESSION ITEM # 41196 Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Barbara M. Henley and Vice Mayor William D. Sessoms, Jr. September 10, 1996 iKnwtutiun CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 41194, Page No. 19 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk September 10, 1996 - 22 - Item V-K PUBLIC HEARING ITEM # 41197 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. RACETRAC PETROLEUM, INC. CONDITIONAL USE PERMIT 2. WIRELESS PCS, INC. CONDITIONAL USE PERMITS' AGENT FOR AT & T WIRELESS PCS, INC. 3. BIG CHARLIE'S TRUCK PLAZA, INC. CONDITIONAL USE PERMIT 4. HAYDEN I. AND SHERRI R. DUBAY MODIFICATION OF CONDITIONS 5. CITY OF VIRGINIA BEACH AMEND AND REORDAIN CITY ZONING ORDINANCE Sections 111, 203, and 901 "Beverage Manufacturing Shops ". September 10, 1996 - 23 - Item V-K. PUBLIC HEARING PLANNING BY CONSENT ITEM # 41198 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council APPROVED in ONE MOTION Items 2 3, 4 and 5 of the PLANNING BY CONSENT Items. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 - 24 - Item V-K,1 PUBLIC HEARING ITEM # 41199 PLANNING Attorney R J. Nutter, represented the applicant Attorney Rick Matthews, 192 Ballard Court, Phone: 490-3000, represented the adjacent businesses Elizabeth River Shores Civic League and Garden Club in OPPOSITION to the application. A motion was made by Council Lady Strayhorn, seconded by Vice Mayor Sessoms to ADOPT an Ordinance upon Application of RACETRAC PETROLEUM, INC. for a Conditional Use Permit for an automobile service station subject to conditions: (1) The site shall be developed in accordance with the landscaping/revised site plan submitted by the applicant and reviewed by the Design Advisory Group. This plan addressed the required street frontage landscaping, parking lot landscaping and the vegetation to be planted in the unpaved portion of the site around the BMP area. The plantings should be dispersed throughout the unpaved area and along the Western property line to soften the view from the roadway. (2) Any free standing sign on the property must be monument style. (3) The facility shall conform in color and architectural design to the photo renderings submitted with this application. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Harold Heischober, Louis R Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K Parker, Council Members Absent: None September 10, 1996 - 25 - Item V-K 1. PUBLIC HEARING ITEM # 41199 (Continued) PLANNING Upon motion by Council Lady Parker, seconded by Councilman Harrison, City Council DENIED an Ordinance upon Application of RACETRAC PETROLEUM, INC. for a Conditional Use Permit for an automobile service station. ORDINANCE UPON APPLICATION OF RACETRAC PETROLEUM, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION Ordinance upon application of Racetrac Petroleum, Inc. for a Conditional Use Permit for an automobile service station on the east side of South Military Highway, 1700 feet more or less north of Alexandria Avenue. Said parcel is located at 636 & 644 South Military Highway and contains 1.5 acres. KEMPSVILLE BOROUGH. Voting: 6-5 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K Parker, Council Members Voting Nay: John A. Baum, Harold Heischober, Louis R Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None September 10, 1996 - 26 - Item V-K.2.a/b/c/d. PUBLIC HEARING ITEM # 41200 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED Ordinances upon Application of WIRELESS PCS, INC., agent for AT&T Wireless PCS, Inc.,for Conditional Use Permits for ynmanned wireless communications facilities: ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT FOR AT & T WIRELESS PCS INC. FOR A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY RO9962059 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wireless PCS Inc., agent for AT & T Wireless PCS Inc, for a Conditional Use Permit for an unmanned Wireless Communications facility on the north side of Virginia Beach Boulevard, 520 feet more or less west of Little Neck Road. Said parcel is located at 3500 Virginia Beach Boulevard and contains 1.513 acres. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT FOR AT & T WIRELESS PCS INC. FOR A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY RO9962060 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wireless PCS Inc., agent for AT & T Wireless PCS Inc., for a Conditional Use Permit for an unmanned Wireless communications facility at the northeast corner of Atlantic Avenue and 56th Street. Said parcel is located at 5600 Oceanfront Avenue and contains 3.2 acres. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT FOR AT & T WIRELESS PCS INC. FOR A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY RO9962061 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wireless PCS Inc., agent for AT & T Wireless PCS Inc., for a Conditional Use Permit for an unmanned wireless communications facility at the northwest corner of Atlantic Avenue and 34th Street. Said parcel is located at 205 34th Street and contains 1.46 acres. VIRGINIA BEACH BOROUGH. A N D, September 10, 1996 - 27 - Item V-K.2.a/b/cld. PUBLIC HEARING PLANNING BY CONSENT A N D, ITEM # 41200 (Continued) ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT FOR AT & T WIRELESS PCS INC. FOR A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY RO9962062 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wireless PCS Inc., agent for AT & T Wireless PCS Inc., for a Conditional Use Permit for an unmanned wireless communications facility on the west side of Independence Boulevard south of Broad Street. Said parcel is located at 281 Independence Boulevard and contains 10.968 acres. BAYSIDE BOROUGH. The following condition applies to all four locations: 1. The conditional use permit is approved for the placement of nine (9) panel -style antennae as depicted on the submitted plans. Each of the antennae will be masked so as to blend with the color of the existing building. These Ordinances shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of September, Nineteen Hundred and Ninety -Six. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Councilman Jones DISCLOSED on Item V-K2a (Wireless PCS, Inc.), the darkening of the map indicates property owned by him; however, it is not a piece of property he owns. September 10, 1996 - 28 - Item V-K.3. PUBLIC HEARING PLANNING BY CONSENT ITEM # 41201 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED Ordinance upon application of BIG CHARLIE'S TRUCK PLAZA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BIG CHARLIE'S TRUCK PLAZA, INC. FOR A CONDITIONAL USE PERMIT TO ADD A MOTEL, A TRUCK WASH FACILITY AND A BULK STORAGE YARD TO AN EXISTING TRUCK TOP RO9962063 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Big Charlie's Truck Plaza, Inc., for a Conditional Use Permit to add a motel, a truck wash facility, and bulk storage yard to an existing truck stop on the north side of Northampton Boulevard west of Baker Road. Said parcel is located at 5792 Northampton Boulevard and contains 29.074 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. Development of the site shall conform to the submitted site plan, except as qualified by these conditions of approval. 2. The final site plan shall be revised to comply with all applicable required setbacks, landscaping and screening requirements, except that the following exceptions may be allowed subject to approval of the required variances by the Board of Zoning Appeals: a. Along the Northwestern property line, identified on the site plan as "Phase Line A," installation of the required Category VI landscaping may be deferred until such time as clearing occurs f t , • - 16 - Item V-L CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41191 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED BY CONSENT in ONE MOTION Items 1 and 2. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 - 17 - Item V-I.1. CONSENT AGENDA RESOLUTION/ORDINANCE ITEM # 41192 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to authorize the City Manager to execute and deliver on behalf of the City a Deed conveying to Old Dominion University Real Estate Foundation approximately thirty-six (36) acres of land on Princess Anne Road, subject to the provisions of the 16 September 1992 Agreement of Sale between the City and the University for the Regional Higher Education Center (PRINCESS ANNE BOROUGH). Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AND DELIVER ON 3 BEHALF OF THE CITY A DEED TO CERTAIN 4 REAL PROPERTY CONVEYING THE PROPERTY 5 TO- OLD DOMINION UNIVERSITY REAL 6 ESTATE FOUNDATION SUBJECT TO THE 7 PROVISIONS OF THE AGREEMENT OF SALE 8 DATED SEPTEMBER 16, 1992 BETWEEN THE 9 CITY OF VIRGINIA BEACH AND OLD 10 DOMINION UNIVERSITY 11 WHEREAS, by Ordinance Number 92-2173E adopted September 12 15, 1992, the Council of the City of Virginia Beach previously 13 approved a Memorandum of Agreement and Agreement of Sale providing 14 for the conveyance of certain real property (the "Property") to Old 15 Dominion University ("ODU") for the development of a comprehensive 16 higher education center (the "Project"); and 17 WHEREAS, the City of Virginia Beach (the "City") and ODU 18 subsequently entered into an Agreement dated February 24, 1995, in 19 furtherance of the Project providing for the expenditure of funds 20 by the City for preliminary plans associated with the Project; and 21 WHEREAS, ODU has requested that title to the Property be 22 transferred to Old Dominion University Real Estate Foundation (the 23 "Foundation"), a non -stock Virginia corporation, organized 24 exclusively for charitable, educational, literary and scientific 25 purposes, solely for the benefit of, to perform the functions of, 26 and to carry out the purposes of Old Dominion University 27 Educational Foundation and ODU; and 28 WHEREAS, the conveyance of title to the Property to the 29 Foundation is determined by City Council to be appropriate, within 30 the intent of and furthering the purposes of the previously 31 executed Memorandum of Agreement and Agreement of Sale related to 32 the Project. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 That City Manager is authorized to execute and deliver on 36 behalf of the City a deed to the Property substantially in the form 37 attached hereto conveying the Property to the Foundation subject to 38 the provisions of the Agreement of Sale dated September 16, 1992 39 between the City of Virginia Beach and ODU. 40 This Ordinance shall be in effect from the date of its 41 adoption. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on the 10 day of September , 1996. 44 CA-6424 45 ORDIN\NONCODE\CA6424.RES 46 R-1 47 PREPARED: August 30, 1996 EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(1) AND 58.1-811(c)(3) THIS INSTRUMENT WAS PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS DEED is made this day of I 1996, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantor"), and OLD DOMINION UNIVERSITY REAL ESTATE FOUNDATION (the "Grantee"), a nonstock Virginia corporation, organized exclusively for charitable, educational, literary and scientific purposes, solely for the benefit of, to perform the functions of, and to carry out the purposes of Old Dominion University Educational Foundation and Old Dominion University (the "University"), the address of which is Hampton Boulevard, Norfolk, Virginia 23529. W ITNESSET H: That for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey, with SPECIAL WARRANTY, unto the Grantee, the following described property (the "Property"), to wit: ALL THAT certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PARCEL 1, AREA = 1,563,896 SQ. GPIN: 1496-63-6045 FT. ± or 35.9 AC + as shown on that certain plat entitled: "SUBDIVISION PLAT OF PARCEL 1, BEING A SUBDIVISION OF GREEN RUN FARM OWNED BY THE CITY OF VIRGINIA BEACH, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated June 28, 1996, prepared by Langley and McDonald, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at Page , to which reference is made for a more particular description. IT BEING a part of the same property conveyed to the Grantor from the City of Norfolk by Deed dated August 3, 1967, duly recorded in the aforesaid Clerk's Office in Deed Book 1019, at Page 47, and by Deed dated November 18, 1988, duly recorded in the aforesaid Clerk's Office in Deed Book 2787, at page 1661. This conveyance is made subject to the covenants, conditions, restrictions and easements of record, insofar as they may lawfully affect the Property, and an addition is specifically subject to the following covenants, restrictions and conditions, all of which shall run with the land and be binding upon the Grantee, and its successors in title to the Property: 1. The Grantee shall construct and the University shall operate an educational facility or facilities on the Property (the "Project"). Upon completion and, if applicable, expansion of the Project, the University shall provide upper division undergraduate and graduate programs consistent with the needs of the citizens of Virginia Beach and the Tidewater region. 2. If construction of the Project has not commenced prior to December 31, 2000, the Grantee shall convey the Property back to the Grantor by Special Warranty Deed in fee simple, free 2 and clear of all liens, encumbrances and restrictions with the exception of easements and restrictions of record acceptable to the Grantor. By mutual written agreement of the Grantor and the Grantee, the time limitations set forth in this paragraph may be extended for an agreed upon period of time. 3. The Grantee understands and agrees that the conveyance of the Property by the Grantor to the Grantee is based on the Grantee's representation that the Property will be used for public education purposes only. If the use of the Property for such purposes is discontinued or the Grantee proposes to convey the Property to a third party other than the University, the Grantor shall have the right, at it's sole discretion, to exercise the following options: A. To require the Grantee to convey the Property back to the Grantor by Special Warranty Deed in fee simple, without cost, provided no improvements have been made to the Property; B. To require the Grantee to convey the Property back to the Grantor by Special Warranty Deed in fee simple, upon payment by the Grantor to the Grantee of the fair market value of any improvements made to the Property by the Grantee subsequent to the Grantor's conveyance of the Property to the Grantee; or C. To approve of the conveyance of the Property to a third party; provided that any approval of the conveyance of the Property to a third party for purposes other than public education shall be conditioned upon the Grantee's agreement to 3 pay the Grantor the then current fair market value of the Property, without buildings or other improvements thereon, as determined by an independent real estate appraiser chosen by agreement of the Grantor and the Grantee. In the event the Grantor exercises this option, the aforesaid appraisal shall be conducted and payment for the Property shall be made to the Grantor within One Hundred and Twenty (120) days of the date upon which the Property is conveyed to a third party. 4. Notwithstanding any provision herein to the contrary, any conveyance of the Property by the Grantee to a third party other than the University, by sale, lease or otherwise, shall require the prior approval of the Grantor, which approval shall not be unreasonably withheld. By its acceptance and recordation of this Deed, the Grantee agrees to and accepts the foregoing covenants, restrictions and conditions. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its duly authorized representatives. APPROVED AS TO LEGAL SUFFICIENCY Department of Law (SEAL) ATTEST: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: City Manager/Authorized Designee of the City Manager 4 Ruth Hodges Smith City Clerk STATE OF CITY OF , to- wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that JAMES K. SPORE,k City Manager, or his authorized designee as executed above, on behalf of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1996. My commission expires: STATE OF CITY OF Notary Public , to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, on behalf of the City of Virginia Beach, Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 1996. My commission expires: Q: \ users \mgayle\...odu.ded day of Notary Public 5 - 18 - Item V-I.2. CONSENT AGENDA RESOLUTION/ORDINANCE ITEM # 41193 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize a temporary encroachment onto a portion of City -owned property at the intersection of Princess Anne Road and Salem Road by Larkspur -Salem Recreation Association re construction and maintenance of a recreational information sign (KEMPSVILLE BOROUGH) The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must obtain building and right-of-way permits from the Planning Department/Permits and Inspections/DSC. 5. The owner agrees to carry General Liability Insurance in an amount not less than $500,000.00 and have the City named additional insured. 6. The owner agrees to post a Permit Performance Bond or other form of surety approved by the Department of Planning, in a minimum amount of $1,000 or in accordance with the engineers' cost estimate. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 1 AN ORDINANCE TO 2 AUTHORIZE A 3 TEMPORARY 4 ENCROACHMENT 5 ONTO A PORTION OF 6 CITY OWNED 7 PROPERTY AT THE 8 INTERSECTION OF 9 PRINCESS ANNE ROAD 10 AND SALEM ROAD BY 11 LARKSPUR-SALEM 12 RECREATION 13 ASSOCIATION, ITS 14 ASSIGNS AND 15 SUCCESSORS IN TITLE 16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 17 VIRGINIA: 18 That pursuant to the authority and to the extent thereof contained in Section 15.1-893, 19 Code of Virginia, 1950, as amended, Larkspur -Salem Recreation Association, its assigns and 20 successors in title are authorized to construct and maintain a temporary encroachment onto the City 21 owned property located at the northwest corner of the intersection of Princess Anne Road and Salem 22 Road. 23 That the temporary encroachment herein authorized is for the purpose of constructing 24 and maintaining a recreational information sign and that said encroachment shall be constructed and 25 maintained in accordance with the City of Virginia Beach Public Works Department's specifications 26 as to size, alignment and location, and further that such temporary encroachment is more particularly 27 described as follows: 28 An area of encroachment into a portion of 29 the City's property at the intersection of 30 Princess Anne Road and Salem Road as 31 shown on the certain plat entitled: "PLAT 32 SHOWING PROPOSED RECREATION 33 SIGN AT SALEM AND PRINCESS 34 ANNE ROAD," a copy of which is 35 attached hereto as Exhibit "A" and to 36 which reference is made for a more 37 particular description. 38 PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall 39 terminate upon notice by the City of Virginia Beach to Larkspur -Salem Recreation Association, its 40 assigns and successors in title and that within thirty (30) days after such notice is given, said 41 encroachment shall be removed from the City's property at the intersection of Princess Anne Road 42 and Salem Road and that Larkspur -Salem Recreation Association, its assigns and successors in title 43 shall bear all costs and expenses of such removal. 44 AND, PROVIDED FURTHER, that it is expressly understood and agreed that 45 Larkspur -Salem Recreation Association, its assigns and successors in title, hereinafter referred to as 46 Party of the Second Part, shall indemnify and hold harmless the City of Virginia Beach, its agents and 47 employees from and against all claims, damages, losses and expenses including reasonable attorney's 48 fees in case it shall be necessary to file or defend an action arising out of the location or existence of 49 such encroachment. 50 AND, PROVIDED FURTHER, that the Party of the Second Part agrees to maintain 51 said encroachment so as not to become unsightly or a hazard. 52 AND, PROVIDED FURTHER, that the Party of the Second Part must obtain building 53 and right of way permits from the Planning Department/Permits and Inspections/DSC. 54 AND, PROVIDED FURTHER, that the Party of the Second Part agrees to carry 55 General Liability Insurance in an amount not less than $500,000.00 and have the City named 56 additional insured. 57 AND, PROVIDED FURTHER, that the Party of the Second Part agrees to post a 58 Permit Performance Bond or other form of surety approved by the Department of Planning, in a 59 minimum amount of $1,000, or in accordance with the engineers cost estimate. 60 AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such 61 time that an authorized officer of Larkspur -Salem Recreation Association executes an agreement with 62 the City of Virginia Beach encompassing the aforementioned provisions. 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of 64 September 19 96 65 2 ROVED AS TO CONTENT yznix +V SIGNA URE Ii Rea/ceded8 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY THIS AGREEMENT, made this 0W day of UDL'i 19 94 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and LARKSPUR-SALEM RECREATION ASSOCIATION, ITS ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W ITNESSET H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain an informational sign in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such informational sign, it is necessary that the said party of the second part encroach into a portion of an existing City property located at the intersection of Princess Anne Road and Salem Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such informational sign within a portion of the City's property at the intersection of Princess Anne Road and Salem Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), 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 property at the intersection of Princess Anne Road and Salem Road for the purpose of constructing and maintaining such informational sign. 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 property at the intersection of Princess Anne Road and Salem Road as shown on that certain plat entitled: "PLAT SHOWING PROPOSED RECREATION SIGN AT SALEM AND PRINCESS ANNE ROAD," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property at the intersection of Princess Anne Road and Salem Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. The party of the second part agrees to obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the second part agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the 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. 3 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 property. It is further expressly understood and agreed that (prior to issuance of a Highway permit,) the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of 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. It is further expressly understood and agreed that the encroaching informational sign shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed twelve (12) feet above the natural grade at the curb, and landscaping shall be approved by the Landscape Services Division of the Department of General Services. 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, 4 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 property 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, Larkspur -Salem Recreation Association has caused this Agreement to be executed by Charles E. Bensten, as President of said association with due authority to bind said association. 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. (SEAL) ATTEST: City Clerk PROVED AS TO Q4 1 4t3► iC' • SIGNAT RE 100444 Fthh DEPARTMENT 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Larkspur -Salem Recreation Association Charles E. B¢nsten, President APPROVED AS TO LEGAL SUFFICIENCY 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. 19 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 , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 My Commission Expires: 6 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and oresaid, do hereby certify that Charles E. Bensten, President, on behalf of Larkspur -Salem Recreation Association, whose name is signed to the foregoing cqA writing, bearing date the O day of 19 742, has acknowledged the same before me in my City and State aforesaid. State f Given under my hand this .847 day of , 19 /%. N to ublic My Commission Expires: J3 /3 / b8- 7 Larkspur -Salem Recreation Association 4040 Peridot Drive Virginia Beach, Virginia 23456 Resolution By this letter it shalniie resolved that Charles E. Bensten, in his capacity as President of the Larkspim-g.th Recreation Association, shall be authorized by the Board of Directors to sign fob the Association in matters that shall come before the board in the normal course of business. We hereby authorize these actions by our signature affixed below: Signed: Larkspur -Salem Board of Directors Lap oii) xobocz) ` iTio " J , Ja 'e Hanasik, Vice President Margaret dcklen, Secretary r a asik, Treasurer Carasella, Trustee Acknowledged: au.AL Charles E. Benste President Di 1 LO ON MAP FOR � ENCROACHMENT OF INFORMATIONAL SIGN ONTO jUL CITY PROPERTY AT INTERSECTION OF r7fl,PRINCESS ANNE ROAD AND SALEM ROAD /2/ BY LARKSPUR SALEM RECREATIONAL ASSOCIATION SCALE 0' 800' 1600' 5 �� \\-G��� %�' >L :\Ljc, avo21 o1 \ \ z g2 w th \ glg Z -�oc o ,` W C §igiLL7 89 \ L ;CI it 2 � Diog --r' LP Irs.E. 0 N -0) 0 (Y. z 6 2§ 2iw tip)Z 5o p� f 0 z J 04( -53 N.. r ZZ LAiqKSPUA - SAL [ [_-/-'i 'A sCH a- oOil cSZoCuw Fa r: /A\ 1S3 , , 0000 s a 04 (no ar/ >rsi Z Cs QN - a. QZWaC) ZZOOU) J J W W Q 0000cnu PROPERTY OF O co N r. Q 6 at N CO o cc 0 4a Z V c3 Q Z ¢W LIJ 'CV - pig Z m CC0 44 et CZ... Nt gQ N AGLETON'S - 19 - ITEM # 41194 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to recess into EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose: PUBLICLY -HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To -Wit: Princess Anne Borough Pungo Borough Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (2:23 P.M.). Voting: 10-0 Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 10, 1996 - 20 - ITEM # 41195 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 10, 1996, at 3:05 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M. Strayhorn Council Members Absent: Barbara M. Henley and Vice Mayor William D. Sessoms, Jr. September 10, 1996 CERTIFICATION OF EXECUTIVE SESSION ITEM # 41196 Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Barbara M. Henley and Vice Mayor William D. Sessoms, Jr. September 10, 1996 iKnwtutiun CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 41194, Page No. 19 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk September 10, 1996 - 22 - Item V-K PUBLIC HEARING ITEM # 41197 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. RACETRAC PETROLEUM, INC. CONDITIONAL USE PERMIT 2. WIRELESS PCS, INC. CONDITIONAL USE PERMITS' AGENT FOR AT & T WIRELESS PCS, INC. 3. BIG CHARLIE'S TRUCK PLAZA, INC. CONDITIONAL USE PERMIT 4. HAYDEN I. AND SHERRI R. DUBAY MODIFICATION OF CONDITIONS 5. CITY OF VIRGINIA BEACH AMEND AND REORDAIN CITY ZONING ORDINANCE Sections 111, 203, and 901 "Beverage Manufacturing Shops ". September 10, 1996 - 23 - Item V-K. PUBLIC HEARING PLANNING BY CONSENT ITEM # 41198 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council APPROVED in ONE MOTION Items 2 3, 4 and 5 of the PLANNING BY CONSENT Items. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 - 24 - Item V-K,1 PUBLIC HEARING ITEM # 41199 PLANNING Attorney R J. Nutter, represented the applicant Attorney Rick Matthews, 192 Ballard Court, Phone: 490-3000, represented the adjacent businesses Elizabeth River Shores Civic League and Garden Club in OPPOSITION to the application. A motion was made by Council Lady Strayhorn, seconded by Vice Mayor Sessoms to ADOPT an Ordinance upon Application of RACETRAC PETROLEUM, INC. for a Conditional Use Permit for an automobile service station subject to conditions: (1) The site shall be developed in accordance with the landscaping/revised site plan submitted by the applicant and reviewed by the Design Advisory Group. This plan addressed the required street frontage landscaping, parking lot landscaping and the vegetation to be planted in the unpaved portion of the site around the BMP area. The plantings should be dispersed throughout the unpaved area and along the Western property line to soften the view from the roadway. (2) Any free standing sign on the property must be monument style. (3) The facility shall conform in color and architectural design to the photo renderings submitted with this application. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Harold Heischober, Louis R Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K Parker, Council Members Absent: None September 10, 1996 - 25 - Item V-K 1. PUBLIC HEARING ITEM # 41199 (Continued) PLANNING Upon motion by Council Lady Parker, seconded by Councilman Harrison, City Council DENIED an Ordinance upon Application of RACETRAC PETROLEUM, INC. for a Conditional Use Permit for an automobile service station. ORDINANCE UPON APPLICATION OF RACETRAC PETROLEUM, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION Ordinance upon application of Racetrac Petroleum, Inc. for a Conditional Use Permit for an automobile service station on the east side of South Military Highway, 1700 feet more or less north of Alexandria Avenue. Said parcel is located at 636 & 644 South Military Highway and contains 1.5 acres. KEMPSVILLE BOROUGH. Voting: 6-5 Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K Parker, Council Members Voting Nay: John A. Baum, Harold Heischober, Louis R Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None September 10, 1996 - 26 - Item V-K.2.a/b/c/d. PUBLIC HEARING ITEM # 41200 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED Ordinances upon Application of WIRELESS PCS, INC., agent for AT&T Wireless PCS, Inc.,for Conditional Use Permits for ynmanned wireless communications facilities: ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT FOR AT & T WIRELESS PCS INC. FOR A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY RO9962059 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wireless PCS Inc., agent for AT & T Wireless PCS Inc, for a Conditional Use Permit for an unmanned Wireless Communications facility on the north side of Virginia Beach Boulevard, 520 feet more or less west of Little Neck Road. Said parcel is located at 3500 Virginia Beach Boulevard and contains 1.513 acres. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT FOR AT & T WIRELESS PCS INC. FOR A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY RO9962060 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wireless PCS Inc., agent for AT & T Wireless PCS Inc., for a Conditional Use Permit for an unmanned Wireless communications facility at the northeast corner of Atlantic Avenue and 56th Street. Said parcel is located at 5600 Oceanfront Avenue and contains 3.2 acres. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT FOR AT & T WIRELESS PCS INC. FOR A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY RO9962061 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wireless PCS Inc., agent for AT & T Wireless PCS Inc., for a Conditional Use Permit for an unmanned wireless communications facility at the northwest corner of Atlantic Avenue and 34th Street. Said parcel is located at 205 34th Street and contains 1.46 acres. VIRGINIA BEACH BOROUGH. A N D, September 10, 1996 - 27 - Item V-K.2.a/b/cld. PUBLIC HEARING PLANNING BY CONSENT A N D, ITEM # 41200 (Continued) ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT FOR AT & T WIRELESS PCS INC. FOR A CONDITIONAL USE PERMIT FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY RO9962062 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wireless PCS Inc., agent for AT & T Wireless PCS Inc., for a Conditional Use Permit for an unmanned wireless communications facility on the west side of Independence Boulevard south of Broad Street. Said parcel is located at 281 Independence Boulevard and contains 10.968 acres. BAYSIDE BOROUGH. The following condition applies to all four locations: 1. The conditional use permit is approved for the placement of nine (9) panel -style antennae as depicted on the submitted plans. Each of the antennae will be masked so as to blend with the color of the existing building. These Ordinances shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of September, Nineteen Hundred and Ninety -Six. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Councilman Jones DISCLOSED on Item V-K2a (Wireless PCS, Inc.), the darkening of the map indicates property owned by him; however, it is not a piece of property he owns. September 10, 1996 - 28 - Item V-K.3. PUBLIC HEARING PLANNING BY CONSENT ITEM # 41201 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED Ordinance upon application of BIG CHARLIE'S TRUCK PLAZA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BIG CHARLIE'S TRUCK PLAZA, INC. FOR A CONDITIONAL USE PERMIT TO ADD A MOTEL, A TRUCK WASH FACILITY AND A BULK STORAGE YARD TO AN EXISTING TRUCK TOP R09962063 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Big Charlie's Truck Plaza, Inc., for a Conditional Use Permit to add a motel, a truck wash facility, and bulk storage yard to an existing truck stop on the north side of Northampton Boulevard, west of Baker Road. Said parcel is located at 5792 Northampton Boulevard and contains 29.074 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. Development of the site shall conform to the submitted site plan, except as qualified by these conditions of approval. 2. The final site plan shall be revised to comply with all applicable required setbacks, landscaping and screening requirements, except that the following exceptions may be allowed subject to approval of the required variances by the Board of Zoning Appeals: a. Along the Northwestern property line, identified on the site plan as "Phase Line A," installation of the required Category VI landscaping may be deferred until such time as clearing occurs on the abutting unimproved right-of-way. However, the applicant shall, at a minimum, provide a six- to eight foot (6'-8) solid wooden fence or masonry wall along the boundary of the bulk storage area identified as Phase Line A. b. The required Category VI landscape screening may be eliminated along the Eastern boundary of the bulk storage area, identified on the site plan as "Phase Line B." However, the applicant shall install the fifteen foot (15) landscape strip along that boundary, as depicted on the plan. c. The required Category VI landscape screening may be waived along the Southern boundary of the bulk storage area, identified on the site plan as "Phase Line C." The proposed chain link fence depicted on the site plan along the Southwestern boundary of the bulk storage area, identified as "Phase Line D," shall be replaced with a solid wood fence or masonry wall. September 10, 1996 - 29 - Item V-K 3. PUBLIC HEARING ITEM # 41201 (Continued) PLANNING BY CONSENT 3. Phase 1, the bulk storage area, and all associated required improvements, shall be completed prior to, or concurrently with, the remaining phases, as depicted on the site plan. Required surfacing shall be as determined at final site plan review. 4. Phase 5, as delineated on the submitted site plan, shall be limited to permissible accessory uses in the I-1 District. Phase 5 shall not commence until such time as all required improvements associated with Phases 1, 2 and 3 have been completed in accordance with applicable City standards. 5. This approval does not authorize construction of the motel shown on the site plan as Phase 4. This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of September. Nineteen hundred and Ninety -Six. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 - 30 - Item V--K 4. PUBLIC HEARING PLANNING BY CONSENT ITEM # 41202 Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council MODIFIED THE PROFFERS in the Application of HAYDEN I. and SHERRI R. DUBAY for a Modification of Conditions placed on the 25 October 1994 approved application for Change of Zoning District Classification from B-2 Community Business District and R-7.5 Residential District to Conditional 0-1 Office District. ORDINANCE UPON APPLICATION OF HAYDEN I. & SHERRI R DUBAY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO 0-1 Z010941431 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA A N D, Ordinance upon application of Hayden I. & Sherri R. Dubay for a Conditional Change of Zoning District Classification from R-7.5 Residential District to 0-1 Office District on property located on the north side of Shore Drive, 1210 feet more or less east of Greenwell Road. The proposed zoning classification change to 0-1 is for office land use. The Comprehensive Plan recommends use of this parcel for retail service use in accordance with other Plan policies. Said parcel is located at 4360 Shore Drive and contains 21,126.6 square feet. BAYSIDE BOROUGH. ORDINANCE UPON APPLICATION OF HAYDEN I. & SHERRI R DUBAY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 to 0-1 Z010941432 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hayden I. & Sherri R Dubay for a Conditional Change of Zoning District Classification from B-2 Community Business District to 0-1 Office District on property located on the north side of Shore Drive, 1285 feet more or less east of Greenwell Road. The proposed zoning classification change to 0-1 is for office land use. The Comprehensive Plan recommends use of this parcel for retail service use in accordance with other plan policies. Said parcel is located at 4360 Shore Drive and contains 20, 778.12 square feet. BAYSIDE BOROUGH. September 10, 1996 - 31 - Item V-K 4. PUBLIC HEARING ITEM # 41202 (Continued) PLANNING BY CONSENT AMENDED PROFFERS are as follows: 1. Unless specifically modified by this document, the Grantors hereby adopt and incorporate herein by reference all of the terms and conditions of the Agreement dated 30 August 1994, recorded in Deed Book 3446 at Page 916 in the Virginia Beach Circuit Court Clerk's Office. 2. Phase I of the development of the property shall be completed substantially as shown on the site plan entitled, "PHASE I SITE PLAN OF LOTS A, B AND C, SUBDIVISION OF 1.099 ACRE SITE, 4360 SHORE DRIVE FOR HAYDEN 1. DUBAY" dated 21 June 1996, prepared by Engineering Services, Inc., said plan being the same plan exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter Phase I Site Plan"). The property may be ultimately developed by the Grantors substantially as shown on the Site Plan entitled "FUTURE SITE PLAN OF LOTS A, B AND C SUBDIVISION OF 1.099 ACRE SITE, 4360 SHORE DRIVE FOR HAYDEN 1. DUBAY", dated 21 June 1996, prepared by Engineering Services, Inc., said plan being the same plan exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Site Plan"). 6. Vehicular access to the Property during Phase 1 of the development shall be restricted to the single curb cut as shown on the Phase I Site Plan and during subsequent development of Phase II, vehicular access shall be restricted to the single curb cut as shown on the Site Plan. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 M NO. P.S. 18 City of Virgiriia 13eacl-i INTER -OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-96-4205 TO: Leslie L. Liffey FROM: RE: William M. Macali Conditional Zoning Application Hayden I. & Sherri R. Dubay DATE: August 30, 1996 DEPT: City Attorney DEPT: City Attorney The above -referenced application for modification of conditional zoning proffers is scheduled to be heard by the City Council on September 10, 1996. I have reviewed the subject proffer agreement, dated June 26, 1996, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure THIS AGREEMENT, made this 26th day of June, 1996, by and between HAYDEN I. DUBAY and SHERRI R. DUBAY, husband and wife, (hereinafter collectively referred to as "Grantors"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). W ITNESSET H: WHEREAS, on October 25, 1994, the Virginia Beach City Council voted to approve a change of zoning classification of the Grantors property (described below) from B-2 Commercial and R-7.5 Residential to 0-1 Conditional which property contained a total of 1.099 acres, more or less, in the Bayside Borough of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A, (hereinafter the "Property"); and WHEREAS, in 3ranting the above -referenced changes of the zoning classification, the City and the Grantor agreed upon a set of conditions which were contained in an Agreement dated August 30, 1994 between Hayden I. Dubay and Sherri R. Dubay and the City of Virginia Beach, which Agreement was recorded by the City in the Virginia Beach Circuit Court Clerk's Office in Deed Book 3446 at page 916 (hereinafter the "Agreement"); and WHEREAS, the Grantors desire to clarify their intent with the respect to the phasing of the development of the Property and to that extent desires to change Proffers 2 and THIS INSTRUMENT PREPARED BY MAYS & VALENTINE 6 set forth in the Agreement as more fully set out herein; and WHEREAS, the City desires to consent to the proposed modification of the Agreement as requested by the Grantors and in accordance with the terms of the Agreement, the City has held a public hearing on the proposed amendment sought by the Grantors which hearing was advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431; and WHEREAS, the Grantors have voluntarily proffered in writing and in advance of and prior to the public hearing before the Grantee as part of the proposed amendment to the zoning map, this new agreement dated June 26, 1996 which sets forth the proposed conditions which will apply to the development of the Property; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning or the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject -2- Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, hereby make the following declaration of conditions and restrictions as to the physical development and operation of the Property. 1. Unless specifically modified by this document, the Grantors hereby adopt and incorporate herein by reference all of the terms and conditions of the Agreement dated August 30, 1994, recorded in Deed Book 3446 at page 916 in the Virginia Beach Circuit Court Clerk's office. 2. Proffer #2 of the Agreement shall be revised to read as follows: Phase I of the development of the Property shall be completed substantially as shown on the site plan entitled "PHASE I SITE PLAN OF LOTS A, B, AND C, SUBDIVISION OF 1.099 ACRE SITE, 4360 SHORE DRIVE FOR HAYDEN I. DUBAY", dated June 21, 1996, prepared by Engineering Services, Inc., said plan being the same plan -3- exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Phase I Site Plan"). The Property may be ultimately developed by the Grantors substantially as shown on the site Plan entitled "FUTURE SITE PLAN OF LOTS A, B AND C SUBDIVISION OF 1.099 ACRE SITE, 4360 SHORE DRIVE FOR HAYDEN I. DUBAY", dated June 21, 1996, prepared by Engineering Services, Inc., said plan being the same plan exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Site Plan"). 3. Proffer #6 of the Agreement shall be amended to read as follows: Vehicular access to the Property during Phase I of the development shall be restricted to the single curb cut as shown on the Phase I Site Plan and during subsequent development of Phase II, vehicular access shall be restricted to the single curb cut as shown on the Site Plan. (REST OF PAGE LEFT INTENTIONALLY BLANK, SIGNATURE PAGE TO FOLLOW) WITNESS the following signatures and seals. !ter; en I. Dubay Sherri R. Dubay STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Subscribed and sworn to before this /% day of June, 1996 by Hayden I. Dubay. e.60,?„. .Notary Public My CommissionExpires: /1/3-u/916 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Subscribed and sworn to before this ; / day of June, 1996 by Sherri R. Dubay. My Commission Expires: ///,3t -5- ,, i(otary Public 6K3446PG0924 r LOT A EXHIBIT "A" (Legal Description) ALL nd THATimprcertainments lt,Piece or parcel of land, with the buildings Virginiathereon, situate in the City of Virginia Acre), i, and known, numbered and designated as Parcel "A" Beach, the Nor as sidehat Drive,t of Subdivision of 1 .o99 Acre ubte4on 8ayside Borough, Virginia Beachf Virginia, property of recorded in the Clerk's Office of the Circuit said L.S. Hubbird, Virginia Beach,V• it Court of plat CatYuof said Vi gVirginia, in Map Book 112 at said plat being hereby made for a more pageu27, reference to Property, particular description of LOTS B and C ALL THAT certain lot, and improvements thereon,e or situate of land, with the buildings Virginia, and known in the City of Virginia Beach Virginia, and Parcel , numbered and designated as " ►► nC" (0.254 Acre)Parcel B Subdivision of 1.099 Acre site on as shown (0.223 Subdivision property ofthe North aide o of that plat Drive, Virginia, which saiL.S. Hubbird, Bayside Borough, the Circuit plat is duly recorded in thlerk'snOf Beech, te112, at Court of the City of Virginia Beach, Virginia, p a Bookre page 27, reference to saidin for particular description of said plat being hereby property. made for • RECORDED WITH CERTIr'r4. TE ti''rrych 94 OCT 27 Ali 10: 36 559.1-802 TAXES 1'. rr VNRGRHRA BEACH, VA, TFSIE: - 32 - Item V-K S. PUBLIC HEARING ITEM # 41202 PLANNING BY CONSENT Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED: Applications of the CITY OF VIRGINL4 BEACH to AMEND and REORDAIN the City Zoning Ordinance re "Beverage Manufacturing Shops": Section 111, ADDING a definition Section 203 re parking requirements Section 901 re use regulations in the business districts Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 10, 1996 1 AN ORDINANCE ADDING THE DEFINITION 2 OF THE TERM "BEVERAGE MANUFACTURING 3 SHOP" TO THE CITY ZONING ORDINANCE 4 SECTION AMENDED: CITY ZONING ORDINANCE § 111 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 111 of the City Zoning Ordinance is hereby 8 amended and reordained to read as follows: 9 Sec. 111. Definitions. 10 . . . . 11 Beverage manufacturing shop. A retail establishment in which 12 ingredients for the manufacture or production of beer or wine are 13 sold, and in which beer or wine is manufactured or produced for 14 off -premises consumption. 15 . . . . 16 Adopted by the City Council of the City of Virginia Beach, 17 Virginia, on this loth day of September 1996. 18 CA-6372 19 DATA\ORDIN\PROPOSED\45-111.ORD 20 July 24, 1996 21 R-1 1 2 3 4 AN ORDINANCE ESTABLISHING OFF-STREET PARKING REQUIREMENTS FOR BEVERAGE MANUFACTURING SHOPS SECTION AMENDED: CITY ZONING ORDINANCE § 203 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 203 of the City Zoning Ordinance is hereby 8 amended and reordained to read as follows: 9 Sec. 203. Off-street parking requirements. 10 (a) The following specified uses shall comply with the off- 11 street parking requirements designated therefor: 12 . . . . 13 (29) Retail establishments, including beverage manufacturinct 14 shops, flea markets, repair establishments, plumbing and 15 heating establishments and service establishments other 16 than personal service establishments: At least one (1) 17 space per two hundred (200) square feet of floor area; 18 . . . . 19 Adopted by the City Council of the City of Virginia Beach, 20 Virginia, on this loth day of September, 1996. 21 CA-6385 22 DATA\ORDIN\PROPOSED\45-203.ORD 23 July 25, 1996 24 R-1 1 AN ORDINANCE ADDING BEVERAGE MANUFACTURING 2 SHOPS AS A PRINCIPAL USE IN THE B-2, B-3 AND 3 B-4 BUSINESS ZONING DISTRICTS 4 5 SECTION AMENDED: CITY ZONING ORDINANCE § 901 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 901 of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: 10 Sec. 901. Use regulations. 11 (a) Principal and conditional uses. The following chart lists 12 those uses permitted within the B-1 through B-4 Business Districts. 13 Those uses and structures in the respective business districts 14 shall be permitted as either principle uses indicated by a "P" or 15 as conditional uses indicated by a "C." Uses and structures 16 indicated by an " X " shall be prohibited 17 districts. No uses or structures other than as specified shall be 18 permitted. 19 20 21 22 23 24 25 26 in the respective Use B-1 B-1A B-2 B-3 B-3A B-4 Beverage manufacturing X X P P X P shops, which shall not exceed three thousand (3,000) square feet in floor area. 27 Adopted by the City Council of the City of Virginia Beach, 28 Virginia on this loth day of September 1996. 29 CA-6373 30 ORDIN\DATA\PROPOSED\45-901.ORD 31 July 25, 1996 32 R-1 33 — 33 — Item V—L. APPOINTMENTS ITEM # 41203 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AGRICULTURAL ADVISORY COMMISSION PUBLIC LIBRARY BOARD — STUDENT REVIEW AND ALLOCATION COMMITTEE (COIG) SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) WETLANDS BOARD September 10, 1996 - 34 - Item V-N. CITY COUNCIL CONCERNS ITEM # 41205 Council Lady Strayhorn referenced a petition distributed to all Members of City Council from the 5600 block of Wilson Creek Road discussing safety issues re the cul-de-sac that led them to believe if they had the speed limit lowered on their cul-de-sac their children would be safer. The petition was requesting the speed limit be decreased from 25 miles per hour to 10 miles per hour. Council Lady Strayhorn requested the City Staff respond relative possible solutions. The City Manager requested a copy of the petition and he will respond. Council Lady Parker advised she had spoken with one of the residents and they had trouble with some of the renters and attempted to speak with them, however, received no cooperation in their attempts to work as a neighborhood. ITEM # 41206 Councilman Baum inquired relative the school bus stop policy in rural areas. Councilman Baum has received complaints from a citizen that they do not come in front of the home and the child has to walk to an intersection without shoulders or sidewalks. ITEM # 41207 Mayor Oberndorf referenced a complaint relative two school buses parking in Magic Hollow on a lot which obstructs residents' view. ITEM # 41208 Council Lady Henley wished at a future City Council Session to discuss different housing types for the elderly. This was briefly discussed during the Retreat. September 10, 1996 - 35 - ITEM # 41209 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: PUBLICLY -HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To -Wit: Princess Anne Borough Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (4:06 P.M.). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober September 10, 1996 - 36 - ITEM # 41210 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 10, 1996, at 4:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Harold Heischober September 10, 1996 CERTIFICATION OF EXECUTIVE SESSION ITEM # 41211 Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober September 10, 1996 Jttiwtutiirn CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 41209, Page No. 35 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk September 10, 1996 — 38 — Item V-0.1. ADJOURNMENT ITEM # 41212 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:35 P.M. ,'_ Beverly O. Hooks, CMCIAAE Chief Deputy City Clerk 4., Ruth Hodges Smith, CMC/AAE Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia September 10, 1996 - 38 - Item V-0.1. ADJOURNMENT ITEM # 41212 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:35 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Mayor City of Virginia Beach Virginia 6LAIL11141 Meyera L! Oberndorf September 10, 1996