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Home My WebLink AboutDECEMBER 17, 1996 MINUTES -2it3 o1' Virginia Bcach "WORLD'S LARGEST RESORT CITY" CITY C()UNCIL MAYOR MEYERA E ¢)BI~RNDORF. At. La,~e VICE MAYOR WILLIAM D SESSOMS. JR. At. La,ge JOIIN A BAUM, Blacbwat~ LIN~'(R)I) 0 RR4NCll Ilk V,~mh~ I~'mh WILLIAM W IIARRISON, JR. Lynnh,n~, IfAROLD IlEI~3H)BER. At. Large BARBARA M HENLEY, Pungo LOUIS R JONES, BaSe,de REBA S M, CLANAN. Prm,,s~ Anne NANCY K PARKER, LOUISA M. STRA YtlORN. Kempsvdle ~m,ugh JAMES K SI'ORE. City Manage* LESLIE L. LILLEY, City Amnney RUT[I IlOIX;ES SMITIf. (:MC/AAE ('~it¥ Clerk CITY COUNCIL AGENDA DECEMBER 17, 1996 CITY IIALL BUILDING 2401 COURT/lOUSE DRIVE VIRGINIA BEACI l, VIRGINIA 23456-90o5 1757} 427-4303 I. CITY MANAGER'S BRIEFING - Conference Room - 11:30 AM ao MULTI-PURPOSE STADIUM Donald L. Maxwell, Director, Economic Development II. REVIEW OF AGENDA ITEMS III. 'CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:00 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: Rabbi Elliott Marmon Temple Emanuel Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - December 3, 1996 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. ORDINANCES/RESOLUTIONS Ordinance to AMEND Section 113 of the Chesapeake Preservation Area Ordinance re voting procedures of Chesapeake Bay Preservation Area Board. (Sponsored by Council Member Linwood O. Branch III) Bay the Ordinances re purchase of 112.5 acres (plus or minus) ad3acent to the City's Lake Ridge property and the Municipal Complex: APPROPRIATE $2,165,000 from the General Fund re a proposed Juvenile Detention Center, Regional Group Home and other future municipal purposes, (CIP 3-024). be Authorize the City Manager to enter into an Agreement to Purchase from the R. T. C. Land Asset Trust (RTC) at a purchase price not to exceed 82,600,000, sub3ect to approval of the contract as to legal form by the City Attorney. Ordinance to establish the Farmers' Market Re-Building and Repair pro3ect (CIP 3-055); and, APPROPRIATE 8325,000 in revenue from insurance proceeds re pro3ect funding. Ordinance to APPROPRIATE 816,000 from the Virginia Two-for- Life Special Revenue Fund Balance to the FY 1996-1997 Emergency Management Services (EMS) Operating Budget re purchase of in-shore rescue equipment and bolster volunteer recruitment. Ordinance to APPROPRIATE 89,100 from the Library Gift Fund re purchase of additional material (books, tapes, etc.) for the Central and Area Libraries and workstations for visually disabled staff and customers at the Special Services Library· Ordinance to TRANSFER $12,000 from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re fees associated with construction of the M. E. Cox Center for Elder Day Care, Inc., as a charitable gift. (Sponsored by Council Member Reba S. McClanan) Ordinance to authorize a temporary encroachment into a portion of the City's one-hundred-foot (100') drainage and public use easement at 2500 Entrada Drive to Williem and Marilyn R. Hayes re construction and maintenance of a sixteen- by sixteen-foot (16' x 16') wooden platform, a deck and stairs (PRINCESS ANNE BOROUGH). 10. 11. 12. Virginia Beach Landfill No. (KEMPSVILLE BOROUGH): 2 at 1989 Jake Sears Road Ordinance to authorize and direct the City Manager to advertise an Invitation to Bid for a lease not to exceed forty- (40) years on 14.634 acres of City-owned property at the Northeast corner of Landfill No. 2 re joint access and the operation, maintenance and support of a construct/on/demolition/debris landfill pursuant to the Disposal Service Agreement attached to the proposed lease· Resolution to authorize the City Manager to execute and deliver a Landfill Gas Sale Agreement with Allegheny Energy Resources, Inc. (for a minimum fifteen- (15) year term, requiring minimum payments in the amount of $10,000 per month) re collection, recovery and use of landfill gas. Resolution re the Virginia Beach 1997 Legislative Package; and, to request Members of the local delegation of the General Assembly to sponsor and/or support legislation that would carry out the City's goals and objectives. Resolution to endorse the concept of a one-time, City-funded, Federally-sponsored ~mergency Beach Nourishment project at Sandbridge; calling upon property owners to cooperate with the City Attorney in signing recreation and construction easements, enabling authorization of a Project Cooperation Agreement and project construction; and, the City Manager is directed to: Schedule for Council's consideration all actions and Public Hearings necessary and appropriate for Council's final authorization to enter into a Project Cooperation Agreement Pursue agressively, in concert with the City's Congressional Delegation, federal funding for this project and future nourishment of Sandbridge Beach Work with the City's Delegation to the Virginia General Assembly to authorize final arrangements for the use of $2.8-Million from the Pendleton property acquisition for this project Resolution to affirm support for the Light Rail Major Investment Study prepared for the Norfolk-Virginia Beach Corri4or; request Tidewater Transportation District Commission (TTDC) proceed with preliminary engineering and environmental studies for the Light Rail (locally preferred) Alternative; and, establishing conditions for any related obligation and/or expenditure of City funds for Such a system. Charge-off uncollectible Delinquent Accounts Receivable: $493,340.97 13. License Refunds: 523,581.22. PUBLIC HEARING - PLANNING 2:30 PM PLANNING BY CONSENT - To be determined during iA· AEen~ Review Session. Ordinance for the discontinuance~ closure and abandonment of a portion of a fifteen-foot (15') alley adjacent to Lots 6 and 18, Block 20, Croatan Beach, in the Petition of SANFORD M. and I~UREL E. ROSENBERG (LYN~HAVEN BOROUGH). Deferred for Compliance: Recommendation: 11 June 1996 FINAL APPROVAL Ordinance in the Petition of BPP DEVELOPERS, INC., A VIRGINIA CORPORATION, for the discontinuance: closure and abandonment of a portion of Lynnhaven Drive beginning at a point 151.6 feet East of Vista Drive and running in an Easterly direction a distance of 11§ feet, variable in width and containing 3239 square feet (LYNNHAVEN BOROUGH). Deferred for Compliance: Recommendation: 11 June 1996 ADDITIONAL 180-DAY DEFERRAL Application in the Petition of RONALD W. and JUDITH N. BOONE for the discontinuance, closure and abandonment of a portion of Shore Drive (formerly Lynnhaven Boulevard) on the North side of Shore Drive and extending from the Eastern boundary of Rockbridge Road to the Western boundary of Dinwiddie Road, variable in width and containing 8,319 square feet (BAYSIDE BOROUGH). Recommendation: DENIAL Application of..JAMES M. GRUSZECZKA for the conversion of a nonconforming use in the R-5S District by converting a one- story cottage to a two-story garage apartment at 408 27th Street, on a 7,000 square foot lot (VIRGINIA BEACH BOROUGH)· Recommendation: APPROVAL Application of DANIEL J. PERRELLA for an enlarg-ment of a nonconforming use in the A-12 District by adding 1,064 square feet of living area and a 228 square foot porch at 313 33rd Street on a 7,000 square-foot lot (VIRGINIA BEACH BOROUGH). Recommendation: DENIAL Application of STANTLEY JONES for a ~ to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance at 768 Sandbridge Road (PRINCESS ANNE BOROUGH)· Recommendation: APPROVAL Application of RICHARD SPRUILL for a Conditional Use Permit for an automobile service station at the Northeast inter- section of Lynnhaven Parkway and Southern Boulevard, containing 41,338 square feet (LYNNHAVEN BOROUGH). Recommendation: DENIAL Applications re OVERHOLT TRUST at the Southwest corner of Lynnhaven Parkway and Salem Road (KEMPSVILLE BOROUGH): JOSEPH OVERHOLT, TRUSTEE, for a Conditional Change of Zoning District Classificatio~ from R-10 Residential D~to Conditional B-2 Com~unit¥ Business District, containing 15 acres· WILLIAM J. and MILLIE J. OVERHOLT, IRREVOCABLE TRUST, for a Conditional Use Permit for mini-warehouses and an automobile service statioN, containing 13.78 acres. Recommendation: DENIAL Applications of BREEDEN INVESTMENT PROPERTIES (BAYSIDE BOROUGH): Conditional Change of Zoning District Classification from B-3 Central Business District to P-1 Preservation ~_~ 400 feet more or less North of Southern Boulevard beginning at a point 430 feet more or less West of North Palm Avenue, containing 2.06 acres. RECONSIDERATION and MODIFICATION OF PROFFERS placed on the 12 September 1983 approved application of 140 ASSOCIATES, L.P. for a Conditional Change of Zoning from B-3 Central Business District to Conditional B-4 Resort Commercial District (to increase the density from 140 to 156 units) on the South side of Virginia Beach Boulevard, approximately 610 feet East of Beasley Drive. Recommendation: APPROVAL 10. Application of LITCHFIKLDMANOR, INC. for a Conditional Chance of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential D~ on the East side of Holland Road, beginning at a point 630 feet more or less South of Proposed Ferrell Parkway, containing 16.012 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 11. Application of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN Section 201(e) of the City Zoning Ordinance re requirements for fences and walls. Recommendation: APPROVAL Ko APPOINTMENTS CHESAPEAKE BAY ASAP POLICY BOARD CHESAPEAKE BAY PRESERVATION AREA BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS RESORT AREA ADVISORY COMMISSION (RAAC) L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT HAPPY HOLIDAYS 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) * * * * * * * * * 12/12/96cmd AGENDA\12-17-96.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 17, 1996 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, December 17, 1996, at 11:30 A. M. Council Members Present: Linwood O. Branch, III, Barbara M. Henley, Harold Heischober, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: John A. Baum [ENTERED: 11:50 A.M.] William W. Harrison, Jr. [ENTERED: 11:45 A.M.] Louisa K. Strayhorn [ENTERED: 11:53 A.M.] -4- AGENDA RE VIEgF SESSION 12:12 P.M. ITEM # 41523 Council Lady Parker expressed concerns relative: 1.1 Ordinance to AMEND Section 113 of the Chesapeake Bay Preservation Area Ordinance re voting procedures of the Chesapeake Bay Preservation Area Board. (Sponsored by Council Member Linwood O. Branch III) The proposed amendment provides that variances may be granted by the concurring vote of a majority of members present and voting, rather than a majority of the entire membership. ITEM # 41524 Council Lady McClanan referenced Item I~2 and advised she had a concern to be expressed during E~ecutive Session: 1.2 Ordinances repurchase of 112.5 acres (plus or minus) adjacent to the City's ~ Ridge property and the Municipal Complex: APPROPRIATE $2,165,000 from the General Fund re a proposed Juvenile Detention Center, Regional Group Home and other future municipal purposes, (CIP 3-024). Authorize the City Manager to enter into an Agreement to Purchase from the R. T. C. Land A~set Trust (RTC)j at a purchase price not to exceed $2,600,000, subject to approval of the contract as to legal form by the City Attorney. ITEM # 41525 Council Lady Henley advised there would be a speaker relative: 1.3 Ordinance to establish the Farmers' Market Re-Building and Repair project (CIP 3-055); ana~ APPROPRIATE $325,000 in revenue from insurance proceeds re project funding. ITEM # 41526 Council Lady Parker was advised by the City Manger, the craft located on Chesapeake Bay a replacement: 1.4 Ordinance to APPROPRIATE $16,000 from the Virginia Two- for-Life Special Revenue Fund Balance to the FY 1996-1997 Emergency Management Services (EMS) Operating Budget re purchase of in-shore rescue equipment and bolster volunteer recruitment. would be ITEM # 41527 Council Lady Parker inquired relative whether this reimbursement was setting a precedent. 1.6 Ordinance to TRANSFER $12,000 from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re fees associated with construction of the M. E. Cox Center for Elder Day Care, Inc., as a charitable gift. (Sponsored by Council Member Reba S. McClanan) December 17, 1996 -5- AGENDA REVIEW SESSION 12:12 P.M. ITEM # 41528 Council Lady Parker inquired whether this is the same site involved with the Sanifill application. L8 Virginia Beach Landfill No. 2 at 1989 Jake Sears Road (KEMPSVILLE BOROUGH): Ordinance to authorize and direct the City Manager to advertise an Invitation to Bid for a lease not to exceed forty- (40) years on 14.634 acres of City-owned property at the Northeast corner of Landfill 3to. 2 re joint access and the operation, maintenance and support of a construction/demolition/debris land. fill pursuant to the Disposal Service Agreement attached to the proposed lease. Resolution to authorize the City Manager to execute and deliver a Landfill Gas Sale Agreement with Allegheny Energy Resources, Inc. (for a minimum fifteen- (15) year term, requiring minimum payments in the amount of $10,000 per month) re collection, recovery and use of landfill gas. The City Manager advised this Ordinance will authorize him to initiate the bid process for the lease of 14.634 acres of City-owned property in the Kempsville Borough. Sani-fdl is still interested. ITEM # 41529 Vice Mayor Sessoms advised the Health Care Formula and the JLARC Study will be part of the Legislative Package. The General A~sembly is requested to revise the Needs Based Allocation Formula for Public Health funding. This item will be revised. L9 Resolution re the Virginia Beach 1997 Legislative Package; and, to request Members of the local delegation of the General Assembly sponsor and/or support legislation that would carry out the City's goals and objectives. ITEM # 41530 Mayor Oberndorf advised there would be discussion concerning LIO and 1.11: LIO Resolution to endorse the concept of a one-time, City-funded, Federally-sponsored Emergency Beach NoUrishment project at Sandbridge; calling upon property owners to cooperate with the City Attorney in signing recreation and construction easements, enabling authorization of a Project Cooperation Agreement and project construction; and, the City Manager is directed to: Schedule for Council's consideration all actions and Public Hearings necessary and appropriate for Council's final authorization to enter into a Project Cooperation Agreement Pursue aggressively, in concert with the City's Congressional Delegation, federal funding for this project and future nourishment of Sandbridge Beach Work with the City's Delegation to the Virginia General Assembly to authorize final arrangements for the use of $2.8- Million from the Pendleton property acquisition for this project December 17, 1996 -6- AGENDA REVIEW SESSION ITEM # 41530 (Continued) Lll Resolution to affirm support for the Light Rail Major Investment S4udy prepared for the Norfolk-Virginia Beach Corridor; request Tidewater Transportation District Commission (ITDC) proceed with preliminary engineering and environmental studies for the Light Rail (locally preferred) Alternative; ana~ establishing convh'tions for any related obligation and/or expenditure of City funds for such a system. ITEM # 41531 BY CONSFAVSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES/RESOL UTIONS LZ Ordinances re purchase of 112.5 acres (plus or minus) adjacent to the City's La~ Ridge property and the Municipal Complex: APPROPRIATE $2,165,000 from the General Fund re a proposed Juvenile Detention Center, Regional Group Home and other future municipal purposes, (CIP 3-024). Authorize the City Manager to enter into an /lgreement to Purchast from the R. T. C. Land Asset Trust (RTC)~ at a purchase price not to exceed $2,600,000, subject to approval of the contract as to legal form by the City ,4ttorney. 1.4 Ordinance to APPROPRIATE $1t~O00 from the Virginia Two- for-Life Special Revenue Fund Balance to the FY 1996-1997 Emergency Management Services (EMS) Operating Budget re purchase of in-shore rescue equipment and bolster volunteer recruitment. L5 Ordinance to APPROPRIATE $9,100 from the Library Gift Fund re purchase of additional material (books, tapes, etc.) for the Central and Area Libraries and workstations for visually &'sabled staff and customers at the Special Services Library. 1.6 Ordinance to TRANSFER $12,000 from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re fees associated with construction Of the M. E. Cox Center for Elder Day Care, Inc., as a charitable gift. (Sponsored by Council Member Reba S. McClanan) 1.7 Ordinance to authorize a temporary encroachment into a portion of the City's one-hundred-foot (1009 drainage and public use easement at 2500 Entrada Drive to W'dliam and Marilyn R. Hayes re construction and maintenance of a sixteen- by sixteen-foot (16' x 16') wooden platform, a deck and stairs (PRINCESS ANNE BOROUGH). December 17, 1996 -7- AGENDA REVIEW SESSION ITEM # 41531 (Continued) L8 L9 L12 Virginia Beach Landfill No. 2 at 1989 Jake Sears Road (KEMPSVILLE BOROUGH): Ordinance to authorize and direct the City Manager to advertise an Invitation to Bid for a lease not to exceed forty- (40) years on 14.634 acres of City-owned property at the Northeast corner of Landfill No. 2 re joint access and the operation, maintenance and support of a construction/demolition/debris landfill pursuant to the Disposal Service Agreement attached to the proposed lease. Resolution to authorize the City Manager to execute and deliver a Landfill Gas Sale Agreement with Allegheny Energy Resources, Inc. (for a minimum fifteen- (15) year term, requiring minimum payments in the amount of $10,000 per month) re collection, recovery and use of landfill gas. Resolution re the Virginia Beach 1997 Legislative Package; and, to request Members of the local delegation of the General Assembly to sponsor and/or support legislation that would carry out the City's goals and objectives. Charge-off uncollectible Delinquent Accounts Receivable: $493,340.97 L13 License Refunds: $23,581.22. *Item L9 will be ADOPTED BY CONSENT, AS REVISED. December 17, 1996 -8- ,4GENDA RE VIEI4' SESSION ITEM # 41532 Councilman Jones requested discussion during the Formal Session: L3 Application in the Petition of RONALD W. and JUDITH N. BOONE for the discontinuance, closure and abandonrnettt of a portion of Shore Drive (formerly Lynnhaven Boulevard) on the North side of Shore Drive and extending from the Eastern boundary of Rockbridge Road to the Western boundary of Dinwiddie Road, variable in width and containing 8,319 square feet (BAYSIDE BOROUGH). ITEM # 41533 City Attorney William Macali advised revised conditions have been added to the application of JAMES M. GRUSZECZI(~4. The applicant's attorney, Edward Bourdon, has advised the conditions have satisfied the individual opposing the application. 1.4 Application of JAMES M. GRUSZECZKA for the conversion of a nonconforming use in the R-SS District by converting a one-story cottage to a two-story garage apartment at 408 27th Street, on a 7,000 square foot lot (VIRGINIA BF_,~CH BOROUGH). City ,'lttorney Macali distributed a revised Resolution with additional conditions: (4) That no more than two (2) Residential dwelling units be permitted upon the property; (5) That in the event the garage (ground floor) portion of the garage apartment is converted into a dwelling unit or is used for such purposes, or for any other purpose which wouM prevent its use for parking, the entire structure shall lose its lawful nonconforming status; (6) That any areas to be paved consist of concrete; and, (7) That prior to the issuance of a building permit for the proposed conversion, the Applicant cause to be recorded in the Clerk's Ofice of the Circuit Court of the City of Virignia Beach a deed restriction or similar legal instrument, in form and substance approved by the City Attorney, containing the conditions set forth in the Resolution. ITEM # 41534 Councilman Harrison referenced the applicant's request for WITHDRAWAL: J.Z Application of RICHARD SPRUILL for a ~ Perm#for an automobile service statiotl at the Northeast inter- section of Lynnhaven Parlovay and Southern Boulevard, containing 41,338 square feet (LYNNHAVEN BOROUGH). ITEM # 41535 Council Lady Strayhorn referenced the request for INDEFINITE DEFERRAL: J. 8 Applications re OVERHOLT TRUST at the Southwest corner of Lynnhaven Parkway and Salem Road (KEMPSVILLE BOROUGH): JOSEPH OVERtlOLT, TRUSTEE, for a Conditional Change of Zonine_ District Classificatioo from R-10 Residential District to Condit¥onal B-2 Communi~_ Business Distric6 containing 15 acPes. WILLIAM J. and MILLIE J. OVERItOLT, IRREVOCABLE TRUST, for a Conditional Use Permit for mini-warehouse~ and an automobile service statiott, containing 13. 78 acres. Assistant City Attorney William Macali advised the condition could be inserted that the applicant shall pay all costs for re-advertising. December 17, 1996 -9- AGENDA REVIEW SESSION ITEM # 41536 Council Lady McClanan advised she wished discussion relative Holland Road and the School Board's walking policy. This application should be considered with the two other related applications on Ferrell Parlm, ay. The School Board's policy states that every student will walk, if located, within 1.5-miles of their particular School. JlO Application of LITCHFIELD MANOR, INC. for a Conditional Change o_f Zoning District Classification .from .4 G-1 and A G- 2 Agricultural Districts to Conditional R-7.5 Residential District on the East side of Holland Road, beginning at a point 630feet more or less South of Proposed Ferrell Parkway, containing 16.012 acres (PRINCESS ANNE BOROUGH). ITEM # 41537 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: PLANNING J. 1 Ordinance for the discontinuance, closure and abandonmertt of a portion of a fifleen-foot (15') alley adjacent to Lots 6 and 18, Block 20, Croatan Beach, in the Petition of SANFORD M. and LAUREL E. ROSENBERG (LYNNI~VEN BOROUGH). J. 2 Ordinance in the Petition of BPP DEVELOPERS, INC., A VIRGINIA CORPORATION, for the discontinuance, closure and abandonment of a portion of Lynnhaven Drive beginning at a point 151.6 feet East of Vista Drive and running in an Easterly direction a distance of 115 feet, variable in width and containing 3239 square feet (LYNNHAVEN BOROUGH). J. 4 Application of JAMES M. GRUSZECZKA for the conversion of a nonconforming use in the R-5S District by converting a one-story cottage to a two-story garage apartment at 408 27th Street, on a 7,000 square foot lot (VIRGINIA BEACH BOROUGH). J. 5 Application of DANIEL J. PERRELLA for an enlargement of a nonconforming use in the .4-12 District by adding 1,064 square feet of living area and a 228 square foot porch at 313 33rd Street on a 7,000 square-foot lot (VIRGINIA BEACH BOROUGH). J. 6 Application of STANTLEY JONES for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance at 768 Sandbridge Road (PRINCESS ANNE BOROUGH). .1.8 .4pplications re OVERtlOLT TRUST at the Southwest corner of Lynnhaven Parkway and Salem Road (KEMPSVILLE BOROUGH): JOSEPH OVERIIOLT, TRUSTEE, for a Conditional Change of Zoning District Classification from R-lO Residential District to Conditional B- 2 Communi~_ Business District, containing 15 acres. WILLIAM J. and MILLIE J. OVERtIOLT, IRREVOCABLE TRUST, for a Conditional Use Permit for mini-warehouses and an automobile service station, containing 13. 78 acres. December 17, 1996 -2- CITY MANAGER'S BRIEFING MULTI-PURPOSE STADIUM 11:30 A.M. ITEM it 41522 Mr. Donald Maxwell, Director of Economic Development, advised on August 27, 1996, City Council approved an Ordinance establishing a Multi-Purpose Sports Stadium, ClP Project t19-003. The Hampton Roads Mariners, the Pro-Soccer franchise in Virginia Beach, have proposed that rather than constructing another typical high school facility that a Multi-Purpose Stadium be constructed on the Lake Ridge property. Mr. Maxwell introduced Fred Tazewell and Mike Ash, representing the TAF Group, a Virginia Beach architectural and engineering firm and Frank Anderson and DonaM Lee with the HOK Sports Facility Group. Mr. Fred Tazewell advised the HOK Sports Facility Group is composed of approximately 250 individuals, and is coordinating with more than a dozen NFL Teams and numerous baseball organizations. Their credentials are impeccable. The project is based on a 30,000 seat expandable multi-purpose Sports Stadium with an initial phase of approximately 6,000 to 7,000 seat capacity. A stadium in Virginia Beach would currently be the only soccer-specific facility in a major city, thus providing the potential of attracting IJSH National team play and National Soccer Association Championships. Frank Anderson advised Ed Roder is the ADA quality assurance representative in the HOK office and coordinates with the Department of Justice. The booklet entitled "Multi-purpose Sports Stadium ~ was distributed to City Council. This booklet entails the process to determine the design of the facility for the City. With the initial phase project of 6,000 seats, the firm envisioned the bulk of the seating wouM be concentrated on one side. Basically, in the initial phase of the Stadium, there are three seating decks: lower, mid and upper. The lower deck is a combination of seats and berm seating. The berm responds to the amphitheater site, as well. The berm wouM actually encompass the Stadium fieM. The first concourse would envision the wheel chair seating with views over a standing individual, as required by the ADA. They are then provided on the back of the concourse, restrooms and concessions in numbers that respond to a first class facility. The waiting in lines for either restrooms or food and beverage is minimized. The amenities are at the back of the concourse; therefore, the fans never leave the excitement of the game. They can actually view the game while purchasing their refreslunents. The second level wouM be envisioned as the exclusive Club Deck This has accommodations for wheel chair seating, as well as levels for suites and press boxes in the initial phase. Depending on the demand of the market, there can be upward of four to eight suites. The concessions are located at the back of the concourse. The final deck is the Upper Deck, which will be in the expansion. In the initial phase, the bulk of the structure is there for future expansion. The architecture gives a hint of the future. Mr. Anderson noted the various site plans contained within the booklet. The final picture in the booklet denotes a rendering of a 30, O00-seat Soccer stadium. Mr. Tazewell advised the total project cost wouM be approximately $7,950,000, as itemized in the report. Mr. Maxwell referenced the acoustics of the competing facilities (amphitheater and multi-sports stadium). The firm of Wrightson, Johnson, Haddon and Williams, Inc. provided correspondence contained within the booklet relative the noise impact. In the initial phase, the amphitheater wouM have a greater impact on the soccer stadium. All the noise generated by the soccer stadium is directed away from the amphitheater. Said letters are hereby made a part of the record. There are several measures that can be taken to reduce noise levels at the soccer stadium: Scheduling Rotating the Stadium Solid Seating Risers vs. Bleachers P'omitories Solid Upper Wall The 30,000 seat stadium would contain: Seating on two tiers 28 luxury suites 3,000 exclusive Club seats A translucent roof over the majority of the seating First class amenities. December 17, 1996 -3- CITY MANAGER'S BRIEFING MULTI-PURPOSE STADIUM ITEM # 41522 (Continued) The Stadium would house the Hampton Roads Mariners professional soccer team, while providing a facility for local high school athletics and other regional and national events. The architecture of the Stadium will be symbolic of Virginia Beach's vision of the future, while the initial phase represents the surrounding area through its use of building materials, farms and site landscaping. The primary building entrances will be highly visible from the existing roadways and designed to be as open as possible to create a ngreet h'fe ~ plaza for pedestrian interaction. The site provides for approximately 4,700 new parking spaces on-site for use by the Stadium with an initial phase of 1,500 spaces being provided. It is the Consultants' understanding that during the final phase, there could be sharing of parla'ng with the educational facilities and the amphitheater. Mark }Pawner, Project Development Manager, advised the Tidewater Community College currently has 2400 parking spaces, the Virginia Beach Higher Education Center, when constructed this Spring, will have 1200 parla'ng spaces. Any major stadium project typically has satellite parla'ng with shuttle services. Bill Caslunan, Engineer with Langley and McDonald, performed the traffic studies for the amphitheater project and the adjacent roads designed to service same. Obviously, if there are joint events with the amphitheater and multi-purpose stadium there will be some traffic congestion. The initial phase of only (~000 seats will only have minimal impact on the traffic flow. There are highway improvements scheduled in the Capital Improvement Program, which will significantly improve the traffic flow in this vicinity. Co- ordination of the events of these two facilities is necessary to minimize any inconvenience that could arise. By moving the starting time of the events, the traffic impact could be significantly changed. Mr. Wawner advised envisioning entering into a long term lease commitment with the Mariners where they wouM be responsible for the operating and maintenance of the multi-purpose stadium as has been done with the amphitheater. The Mariners wouM be responsible for mowing the grass, lighting and general maintenance of the facility. The Mariners plan to be on a National Level This A league has merged and is considered Division 2, just below Major League Soccer, which is Division I. In the Television package for Division II, games will be televised weekly for at least 24 weeks. Two games held in the multi-purpose stadium should be televised. In addition, the City will try to host the National Championships for the League. With the multi-purpose stadium, there will be approximately $140,000 a year in direct tax revenue to the City, in addition to a lease with an initial rent of approximately $100,000 a year. The City Manager advised this must be approached as a "community" amenity. This is not a payback facility. A copy of a December 12, 1996, article from the Richmond Times Dispatch relative NCAA Soccer was distributed and is hereby made a part of the record. The final lease agreement with the Mariners will be DRAFTED, the issue of compatibility and noise must be addressed before location of the multi-purpose stadium is decided. The Lease Agreement with the Mariners and contract for continued architectural consulting services will be SCHEDULED for the City Council Session in January. A PUBLIC HEARING can be conducted prior to City Council's vote. December 17, 1996 - 10 - AGEND,4 REVIEW SESION ITEM tt 41537 J. 9 J12 Applications of BREEDEN INVESTMENT PROPERTIES (BAYSIDE BOROUGH): Conditional Change of Zoning District Classification from B-3 Central Business District to P-1 Preservation District 400feet more or less North of Southern Boulevard beginning at a point 430 feet more or less West of North Palm Avenue, containing 2.06 acres. RECONSIDERATION and MODIFICATION OF PROFFERS placed on the 12 September 1983 approved application of 140 ASSOCIATES, L~°. for a Conditional Change of Zoning from B-3 Central Business District to Conditional B- 4 Resort Commercial District (to increase the density from 140 to 156 units) on the South side of Virginia Beach Boulevar~ approximately 610 feet East of Beasley Drive. ,4pplication of the CITY OF VIRGINIA BEACH to AMEND and REORD,41N Section 201(e) of the City Zoning Ordinance re requirements for fences and walls. Item 1.2 will be DEFERRED BY CONSENT FOR AN ADDITIONAL 180-D,4Y DEFERRAL until June 17, 1997. Item L4 will be APPROVED BY CONSENT WITH REVISED CONDITIONS. Item 1.5 will be DEFERRED BY CONSENT until January 14, 1996. Item 1.8 will be DEFERRED INDEFINITELY BY CONSENT. December 17, 1996 - 11 - CITY COUNCIL CONCERNS 1:02 P.M. ITEM # 41538 Vice Mayor Sessoms advised the debt of the Development Authority to NATIONSBANK. which was approximately $8-MILLIOI~, has been reduced to less than $6-MILLION. The Development Authority has also reported the addition of 300 new jobs with an average salary in excess of $40,000. ITEM # 41539 Vice Mayor Sessoms advised Beach Health Clinic is grateful for the fine work the Eastern Virginia Medical Students are performing. These EIxMS Pre Med Students provide care for patients at the Beach Clinic approximately one night per week. ITEM # 41540 Mayor Oberndorf advised a Resolution to support the development of an adequate supply of safe and affordable domestic water, equally accessible to all citizens of the Region, as the primary required goal of the City; and, calling upon all local governments and organizations of the Region to join with Virginia Beach in achieving this goal. Mayor Oberndorf had distributed this Resolution in City Council's agenda package of December 17, 1996, and requested this be ADDED to the Formal Session. December 17, 1996 - 12 - ITEM # 41541 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City~ Council Conference Room, City Hall Building, on Tuesday, December 17, 1996, at 1:13 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Harold Heischober, William gE. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, I/ice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None December 17, 1996 - 13 - 41542 Mayor Meyera E. Oberndoff, 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, pefformance~ demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2. ~ -.~ 44 ~ ) Appointments - Boards and Commissions: Chesapeake Bay ASAP Policy Board Chesapeake Bay Preservation Area Board Francis Land House Board of Governors Resort Area Advisory Commission 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(,4)(3). School Site - Lake Ridge Southeastern Parkway and Greenbelt Right-of-Way Comprehensive Services Board Facility Princess Anne Commons LEGAL MATTEI~: 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(4)(7). To-Wit: Lake Gaston Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baam, Linwood O. Branch, III, HaroM Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 - 14 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL December 17, 1996 2:20 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 17, 1996, at 2:15 P.M. Council Members Present: John ~4. Baum, Linwood O. Branch, III, Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members ~4bsent: None INVOCATION: Ruth Hodges Smith, CMC//L4E City Clerk December 17, 1996 - 15 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 41542 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORD.4NCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, HaroM Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 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 # 41542 Page No. 13 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of thc 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 thc 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, Co) 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. Kr~th Hodgcs Smith, CMC/AAE City Clerk December 17, 1996 - 16 - Item V-F. 1 MINUTES ITEM tl 41543 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 3, 1996. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branct~ III, 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 Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED, as he was not in attendance during the City Council Session of December 3, 1996. December 17, 1996 -17- Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41544 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The following shall be ADDED to the Agenda: Resolution to support the development of an adequate supply of safe and affordable domestic water, equally accessible to all citizens of the Region, as the primary required goal of the City; and, calling upon all local governments and organizations of the Region to join with Virginia Beach in achieving this goal December 17, 1996 - 18 - Item V-I. CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41545 Upon motion by Vice Mayor Sessoms, seconded by Council lady Strayhorn, City Council APPROVED BY CONSENT in ONE MOTION Items 4, 5, 6, 7, 8 a.b., 9, 12 and 13. Item 9 was APPROVED, AS REVISED, BY CONSENT. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, IlL Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis 1~ 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 ,4bsent: None December 17, 1996 - 19 - Item V-I. 1. ORDINANCESIRESOL UTIONS ITEM # 41546 Mary Heinrichg 5016 Mosby Road, Phone: 460-0750. registered in OPPOSITION Steve Flnson, 2965 Lynnhaven Drive, Phone: 496-9065, registered in OPPOSITION Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED, as REgrlSED*: Ordinance to AMEND Section 113 of the Chesapeake Bay Preservation /.rea Ordinance re voting procedures of the Chesapeake Bay Preservation Area Board (Sponsored by Council Member Linwood O. Branch III) *This Ordinance shall bt effective 7 January 1997 Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, HaroM Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 1 Requested by Councilman Linwood O. Branch, III 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO AMEND THE VOTING PROCEDURES OF THE CHESAPEAKE BAY PRESERVATION AREA BOARD SECTION AMENDED: CHESAPEAKE BAY PRESERVATION AREA ORDINANCE SECTION 113 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 113 of the Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 113. Variances. (A) General requirements. Applications for variances from any of the provisions of this ordinance shall be in writing and filed with the city manager. Such applications shall identify the potential impacts of the proposed variance on water quality and on lands within the resource protection area through the performance of a water quality impact assessment which complies with the provisions of this ordinance. (B) Administrative variances. The city manager shall approve or deny an application requesting a variance for a minor project to locate in the seaward fifty (50) feet of the buffer area after receipt of a complete application. No variance shall be granted under this subsection unless the city manager makes all findings required in subsection (G) herein. The city manager shall record both the request and his administrative decision in a public access file to be maintained for one (1) calendar year. The city manager may establish such review policies as deemed expedient in effectuating the intent of this ordinance. (C) Board variances. The city manager shall review, any other application for a variance and the water quality impact assessment and provide the board with an evaluation of the potential impacts of the proposed variance and such other information as may aid the board in considering the application. No such application shall be accepted by the city manager unless accompanied by a nonrefundable fee in the amount of one hundred five dollars ($105.00). The city manager shall transmit the 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 five (5) hearing. (E) application and supporting information and evaluation to the members of the board and the applicant no less than five (5) days prior to the scheduled hearing on such application. (D) Not later than sixty (60) days after the receipt of an application, the board shall hold a public hearing on such application. Notice of the time and place of the hearing shall be published no less than once per week for two (2) consecutive weeks prior to such hearing in a newspaper having a general circulation in the city. The second such notice shall appear not less than days nor more than twenty-one (21) days prior to the In addition to the foregoing requirements, the applicant shall cause to be posted on the property which is the subject of the hearing a sign, of a size and type approved by the board, clearly visible and legible from the nearest public street. Such sign shall be posted not less than fifteen (15) days from the public hearing and shall state the nature of the application and date and time of the hearing. In the event such sign is removed, obscured or otherwise rendered illegible prior to the hearing, the board may deny or defer the application. Any application deferred by the board by reason of noncompliance with the posting requirements of this section shall not thereafter be heard unless and until an additional fee in the amount of one hundred dollars ($100.00) is paid. (F) The board may make, alter and rescind rules for its procedures not inconsistent with the provisions of this section; provided, however, that a quorum shall be not less than a majority of all of the members of the board, and provided further, that the concurring vote of a majority of the full mcmbcr~kip members of the board present and voting shall be required to grant any variance. (G) No variance shall be granted unless the board finds that: (1) Granting the variance will not confer upon the applicant any special privileges not accorded to other owners of property in Chesapeake Bay Preservation Areas; 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 (2) The application is not based upon conditions or circumstances that are or have been created or imposed by the applicant or his predecessor in title; (3) The variance is the minimum necessary to afford relief; (4) The variance will be in harmony with the purpose and intent of this ordinance, and not injurious to the neighborhood or otherwise detrimental to the public welfare; and (5) There will be no net increase in nonpoint source pollution load. No variance shall be granted unless reasonable and appropriate conditions are imposed which will prevent the variance from causing or contributing to a degradation of water quality. This ordinance will become effective January 7, 1997. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th day of December, 1996. CA-6501 wmordres\50-113.Com R-1 December 10, 1996 3 - 20 - Item V-I.2. ORDINANCES/RESOLUTIONS ITEM # 41547 Lou Pace, 1908 Hunts Neck Court, Phone: 428-0925, registered in OPPOSITION. Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinances re purchase of 112.5 acres (plus or minus) adjacent to the City's Lake Pddge property and the Municipal Complex: APPROPRIATE $2,165,000 from the General Fund re a proposed Juvenile Detention Center, Regional Group Home and other future municipal purposes, (CIP 3-024). Authorize the City Manager to enter into an Agreement to Purchase from the R. T. C. Land Asset Trust (RTC), at a purchase price not to exceed $2,600,000, subject to approval of the contract as to legal form by the City Attorney. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, HaroM Heischober, William gE. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Hce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $2,165,000 TO PROJECT #3-024 VIRGINIA BEACH JUVENILE DETENTION CENTER FOR THE PURCHASE OF PROPERTY FOR A PROPOSED JUVENILE DETENTION CENTER, A REGIONAL GROUP HOME, AND OTHER FUTURE MUNICIPAL PURPOSES 7 8 9 WHEREAS, City Council has directed the City Manager to explore the possibility of acquiring the 112.5 acre site adjacent to the Municipal Center to be used for future municipal purposes; 10 11 12 WItEREAS, combining this site with the Lake Ridge Property provides for city ownership of all of the acreage from the Amphitheater eastward to the Municipal Center making the aggregate a more useful parcel; 13 14 WH'EREAS, the property will fulfill the immediate need for a 12 acre site for the proposed Juvenile Detention Center and a site for a future Regional Group Home; 15 16 WttEREAS, City staff has negotiated a price of $2,600,000 for the purchase of this site with an additional $25,000 needed for legal and expert fees to close this negotiation; 17 18 19 WHEREAS, Project//3-024 Virginia Beach Juvenile Detention Center currently has a balance of $460,000 which can be applied to the site acquisition costs resulting in the need for an additional $2,165,000 which is available from the General Fund balance. 20 21 22 23 24 NOW, THlZ~REFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $2,165,000 be appropriated from General Fund balance to Project//3-024 Juvenile Detention Center for the purchase of property for a proposed Juvenile Detention Center, a Regional Group Home, and other future municipal purposes. 25 26 27 This ordinance shall be in effect from the date of its adoption. Adopted the 17 day of Beach, Virginia. December , 1996, by the Council of the City of Virginia Department or M~.~c~fient ~ C:\Cfla97~3024.ord lea 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO PURCHASE 112.5 ± ACRES OF LAND ADJACENT TO THE CITY'S LAKE RIDGE PROPERTY AND THE CITY MUNICIPAL COMPLEX FROM THE R.T.C. LAND ASSET TRUST BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the R.T.C. Land Asset Trust (RTC) is the owner of two (2) parcels of land totaling 112.5± acres having GPIN numbers 1494-51-6777 and 1494-61-6856 (Land); WHEREAS, RTC has offered to sell the Land to the City of Virginia Beach; WHEREAS, the Land is adjacent to the City's Lake Ridge property and the City's Municipal Complex; WHEREAS, if acquired by the City, the Land will permit the safe and efficient expansion of municipal facilities; and WHEREAS, the City staff has negotiated a purchase price of $2,600,000 for the property. THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the City Manager is authorized to enter into a contract to purchase properties adjacent to the City's Lake Ridge Property and the Municipal Complex consisting of 112.5 ± acres of Land having GPIN numbers 1494-51-6777 and 1494-61-6856 at a purchase price not to exceed $2,600,000, subject to approval of the contract as to legal form by the City Attorney. Adopted by the Council of the City of Virginia Beach, 17 Virginia on the CA-6518 ordin\noncode\CA6518 · ord ) R-1 APPROVED AS TO CONTENTS day of December,.1996. DEPARTMENT APPROVED AS TO LEGAL PARCEL B PARCEL A LOCATION PRINCES S ANNE AREA = 112.5 ACRES C.I.P. #3-024 MAP SHOWING COMMONS PROPERTY SCALE O' 800' 1600' PREPARED 8Y P/W ENG, DRAFT. K,,"L~9/gE FI.El NL.DGN - 21 - Item V-I.3. ORDINANCES/RESOL UTIONS ITEM # 41548 Michele Shean, 1873 Malbin Road, Phone: 427-0378, spoke in SUPPORT of the Ordinance and represented 7,000 citiZens who signed the petitions for the Farmers' Market to remain at the present site. Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to establish the Farmers' Market Re-Building and Repair project (CIP 3-055); anc~ APPROPRIATE $325,000 in revenue from insurance proceeds re project funding. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 1 2 3 4 AN ORDINANCE TO ESTABLISH PROJECT #3-055 FARMERS' MARKET RE-BUILDING AND REPAIR AND TO APPROPRIATE $325,000 IN REVENUE FROM INSURANCE PROCEEDS FOR FUNDING OF THE PROJECT 5 6 7 8 9 I0 11 12 13 14 I5 16 17 18 19 WHEREAS, a fire destroyed a portion of the Virginia Beach Farmers' Market; WHEREAS, the City Council, having held public hearings on the future of the Market operation, and having received a Policy Report and subsequent Policy Report Update from staff on alternatives for the Market operation, directed staff to proceed with reconstruction of a Market facility and repair of the existing Market structure, on the current Market site; WHEREAS, the staff of the City Division of Risk Management, in consultation with the insurance carrier, have estimated that re-construction of the destroyed portion of the Market with a structure of like type, quality, and usage, and improvements to the remaining Market facility to meet current code standards, will cost an estimated $325,000; WHEREAS, the staff of the City Division of Risk Management, in consultation with the insurance carrier, has determined that such costs can be fully funded from insurance proceeds, defined as gross recovery from the Self-Insurance Fund and payments from the insurance underwriter; WHEREAS, the pursuit of such repair and reconstruction will be handled as a capital improvement project within the building section of the City's Capital Improvement Program; 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That project #3-055 Farmers' Market Re-building and Repair is hereby established as a capital project; That funds in the amount of $325,000 be appropriated to this project for re-building of a Market facility of like type, quality, and usage of that destroyed and for repairs necessary to the existing structure to comply with all applicable codes; That appropriations be off-set by a $325,000 increase in estimated revenues from insurance proceeds. 29 This ordinance shall be effective on the date of its adoption. 30 3I Adopted by the Council of the City of Virginia Beach, Virginia on the~ December , 1996. 17 day of 3a Approved as to Content: 33 Bjm~dAcip97~market ord - 22 - Item I,'-1.4. CONSENT AGENDA ORDINANCES/RESOL UTIONS ITEM # 41549 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to APPROPRIATE $1(~000 from the Virginia T~o-for-Life Special Revenue Fund Balance to the FY 1~-1997 Emergency Management Services (EMS) Operating Budget re purchase of in-shore rescue equipment and bolster volunteer recruitment. 11-0 (By ConsenO Council Members Voting ~lye: John A. Baum, Linwood O. Branch, III, Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 AN ORDINANCE TO APPROPRIATE $16,000 FROM THE STATE 'rWO-FOR-LIFE SPECIAL REVENUE FUND BALANCE TO THE FY 1996-97 EMERGENCY MANAGEMENT SERVICES (EMS) OPERATING BUDGET TO PURCHASE IN-SHORE RESCUE EQUIPMENT AND BOLSTER THE VOLUNTEER RECRUITMENT CAMPAIGN 1 2 WHEREAS, the Two-for-Life Program collects two additional dollars on each state automobile license purchased annually and distributes them to localities via direct contribution and grants; 3 WHEREAS, the current in-shore water craft used for rescue operations along the Chesapeake Bay has limited service capabilities; 5 6 WHEREAS, to maintain the necessary level of volunteers, a volunteer recruitment media campaign is being proposed; and ? 8 WHEREAS, the Two-for-Life Fund has sufficient monies for the enhancement of emergency medical services. 9 10 11 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $16,000 be appropriated from the State Two-for-Life Special Revenue Fund Fund Balance to the EMS FY 1996-97 Operating Budget to purchase equipment and bolster the volunteer recruitment. 12 Adopted by the Council of the City of Virginia Beach, Virginia on the~ ] 7 day of Decembez-, 1996. APPROVED LEGAL Approved as to Content Management Services C:~budget~97~EMS2FL - 23 - Item V-I.& CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41550 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to APPROPRIATE $9,100 from the Library Gift Fund re purchase of additional material (books, tapes, etc.)for the Central and Area Libraries and workstations for visually disabled staff and customers at the Special Services Library. 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, HaroM Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: iVon e Council Members Absent: iVone December 17, 1996 AN ORDINANCE TO APPROPRIATE $9,100 FROM THE LIBRARY GIFT FUND TO THE FY 1996-97 VIRGINIA BEACH PUBLIC LIBRARY DEPARTMENT 6 7 WHEREAS, the Virginia Beach Public Library receives cash donations from citizens for purchase of library materials, supplies, and equipment; WHEREAS, such donations are deposited to a gift fund account for Libraries until needed for purchases; 10 11 12 13 14 WHEREAS, such donations have accrued in excess of $9,500 in the Library Gift Fund balance at this time, and the Library Department has identified $9,100 in needs for additional material purchases for Central Library and area libraries, and workstations for Special Services operations; 15 16 17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $9,100 be appropriated from the Virginia Beach Library Gift Fund balance to the Public Library Department for FY 1996-97. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia on this Deeember 1996. 17 day of 20 21 22 23 APPROVED AS TO CONTENT: W~lter C.'Kraeme~ Management Se_,~ces APPROVED AS TO - 24 - CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41551 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to TRANSFER $12,000 from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re fees associated with construction of the M. E. Cox Center for Elder Day Care, Inc, as a charitable gift. (Sponsored by Council Member Reba ~ McClanan Voting: 11-0 (By ConsenO Council Members Voting .dye: John .d. Baum, Linwood O. Branch, III, Harold Heischober, William gE. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members .dbsent: None December 17, 1996 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 Requested by Councilmember Reba S. McClanan AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS IN AN AMOUNT NOT TO EXCEED $12,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE WATER AND SEWER FUND FOR THE PURPOSE OF REIMBURSING THE WATER AND SEWER FUND FOR THE COSTS OF WATER AND SEWER FEES ASSOCIATED WITH CONSTRUCTION OF THE M. E. COX CENTER FOR ELDER DAY CARE, INC. WHEREAS, the M. E. Cox Center For Elder Day Care, Inc. ("M. E. Cox Center"), is a non-profit corporation serving elderly adults and their families in the City of Virginia Beach by providing day care services; WHEREAS, the M. E. Cox Center is constructing a large new facility on North Lynnhaven Road that will enable it to serve more clients, and the costs of construction will include water and sewer fees in an amount expected to approach, but not exceed $12,000; and WHEREAS, the City of Virginia Beach wishes to show its support for this program by reimbursing the Water and Sewer Fund, as a charitable gift to the M. E. Cox Center, for the costs of such water and sewer fees; 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby authorizes the transfer of funds in an amount not to exceed $12,000 from the General Fund Reserve for Contingencies to the Water and Sewer Fund for the purpose of reimbursing the Water and Sewer Fund, as a charitable gift to the M. E. Cox Center, for the costs of water and sewer fees associated with construction of its new facility. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of December, 1996. CA-6482 ORDIN~NONCODE~MARYELL.ORD R-3 PREPARED: 12/05/96 APPROVED AS TO CONTENT: ~anagemen{ Services APPROVED AS TO LEGAL SUFFICIENCY: D~a~tmen{ o~-~~ - 25 - Item ~'-I.Z CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41552 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's one hundred-foot (1009 drainage and public use easement at 2500 Entrada Drive to W'dliam and Marilyn R. Hayes re construction and maintenance of a sixteen- by sixteen-foot (16'x 169 wooden platform, a deck and stairs (PRINCESS ANNE BOROUGH), subject to: The following conditions shall be required: 1. That the encroachment requested shall be designated as a temporary encroachment. That the temporary encroachment 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 That the temporary encroachment shah terminate upon notice by the City of Virginia Beach to the applicant; and that, within thirty (30) days after such notice is given, such temporary encroachment shah be removed from the City's 100' drainage easement and public use easement by the applicant; and that the applicant shah bear aH costs and expenses of removal. That the applicant shah indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against aH claims, damages, losses and expenses including reasonable attorney's fees in case it shah be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. That no permission or authority is given to the applicant 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 temporary encroachment by anyone other than the applicant. 6. That the applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. Z That the applicant shall obtain and keep in force .dH Risk Property Insurance and General Liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry Comprehensive General liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. December 17, 1996 - 26 - Item V-LT. CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41552 (Continued) That the applicant shah submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer and/or "as built" plans of the temporary encroachment, if required by either the City Engineer's Office or the Engineering division of the Public Utilities Department. That the City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove collection of local or state taxes; may require the applicant to remove such temporary encroachment; and pending such removal the City may charge the applicant compensation for the use of such portion of the City's lOft drainage easement and public use easement encroached upon the equivalent of the real property tax upon the land so occupied; and if such removal shah not be made within the time specified by the City, the City shah impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that such temporary encroachment is allowed to continue thereafter and shah collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branci~ III, HaroM Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor Peqlliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None December 17, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S 100' DRAINAGE EASEMENT AND PUBLIC USE EASEMENT TO WILLIAM HAYES and MARILYN R. HAYES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, WILLIAM HAYES and MARILYN R. HAYES, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the City's 100' drainage easement and public use easement adjacent to their property located at 2500 Entrada Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a 16' X 16' wooden platform/deck and stairs and that said temporary encroachment shall be constructed and maintained in accordance with the city of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of temporary encroachment into a portion of the city's 100' drainage easement and public use easement, as shown on those certain plats entitled: "PROP. STATIONARY PLATFORM IN MAN-MADE CANAL CONTIGUOUS TO HELLS POINT CREEK VIRGINIA BEACH, VIRGINIA" copies of which are on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the city of Virginia Beach to WILLIAM HAYES and MARILYN R. HAYES, and that within thirty (30) days after such notice is given, said temporary encroachment shall be removed from the City's 100' drainage easement and public use easement and that WILLIAM HAYES and MARILYN R. HAYES, shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that WILLIAM HAYES and MARILYN R. HAYES, shall indemnify and hold harmless the City of Virginia Beach, its agents and 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 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. AND, PROVIDED FURTHER, that WILLIAM HAYES and MARILYN R. HAYES agree that no permission or authority is given to the said WILLIAM HAYES and MARILYN R. HAYES 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 any one other than WILLIAM HAYES and MARILYN R. HAYES. AND, PROVIDED FURTHER, that WILLIAM HAYES and MARILYN R. HAYES, agree to maintain said temporary encroachment so as not to become unsightly or a hazard. AND, PROVIDEDFURTHER, that WILLIAM HAYES and MARILYN R. HAYES shall obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry Comprehensive General Liability Insurance in an amount not less than Five hundred Thousand Dollars ($500,000.00), combined single limits of such insurance policy or policies. WILLIAM HAYES and MARILYN R. HAYES must provide endorsements providing at least thirty (30) days written notice to the city prior to the cancellation or termination of, or material change to, any of the insurance policies. WILLIAM HAYES and MARILYN R. HAYES assume all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. AND, PROVIDED FURTHER, that WILLIAM HAYES and MARILYN R. HAYES shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the temporary encroachment, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 2 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 AND, PROVIDED FURTHER, that the City, upon revocation of such authority and permission granted, may remove any such temporary encroachment and charge the cost thereof to WILLIAM HAYES and MARILYN R. HAYES, and collect the cost in any manner provided by law for the collection of local or state taxes; may require WILLIAM HAYES and MARILYN R. HAYES to remove such temporary encroachment; and pending such removal, the City may charge WILLIAM HAYES and MARILYN R. HAYES for the use of such portion of the City's 100' drainage easement and public use easement encroached upon the equivalent of the real property tax upon the land so occupied; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary 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. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that WILLIAM HAYES and MARILYN R. HAYES execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of December , 19 96 . 102 103 104 105 106 107 108 CBC 11/14/96 F:\..\DECK.ENC\HAYES APPROVED AS TO CONTENT Department APPROVED AS TO LEGAL ~! t~"':~'~r~" 3 PREPARED BY VIRGINIA BEACH CiTY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this \'t~t'' day of ~ ~'>~ , , 19c]1~~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and WILLIAM HAYES and MARILYN R. HAYES, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantees, parties of the second part. W I T N E S S E T H: That, WHEREAS, the parties of the second part are the owners of that certain lot, tract, or parcel of land designated and described as "Lot 1, Section 1, Lagomar" and being further designated and described as "2500 Entrada Drive, Virginia Beach, Virginia 23456 GPIN 2414-82-4813" and That, WHEREAS, it is proposed by the parties of the second part to construct and maintain a 16' X 16' wooden platform/deck and stairs associated with the said property in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such 16' X 16' wooden platform/deck and stairs, it is necessary that the said parties of the second part encroach into a portion of an existing 100' City drainage easement and public use easement; and said GPIN 2424-02-4573 parties of the second part have requested that the party of the first part grant a temporary encroachment to facilitate such 16' X 16' wooden platform/deck and stairs within a portion of the City's 100' drainage easement and public use easement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties 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 parties of the second part a temporary encroachment to use a portion of the City's 100' drainage easement and public use easement for the purpose of constructing and maintaining such 16' X 16' wooden platform/deck and stairs. 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 temporary encroachment into a portion of the City's 100' drainage easement and public use easement as shown on those certain plats entitled: "PROP. STATIONARY PLATFORM IN MAN-MADE CANAL CONTIGUOUS TO HELLS POINT CREEK VIRGINIA BEACH, VIRGINIA" copies of which are attached hereto as Exhibit "A" and Exhibit "B" and to which reference is made for a more particular description. 2 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 parties 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 100' drainage easement and public use easement by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the parties 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 ~'easonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the parties of the second part. It is further expressly understood and agreed that the parties of the second part agree to maintain said temporary encroachment so as not to become unsightly or a hazard. In is further expressly understood and agreed that the parties of the second part shall 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 parties of the second part also agree to carry Comprehensive General Liability Insurance in an amount not lees than $500,000.00, combined single limits of such insurance policy or policies. The parties 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 parties of the second part assume all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. It is further expressly understood and agreed that the parties of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the temporary encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the parties 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 parties of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the parties of the second part compensation for the use of such portion of the City's 100' drainage and public use easement encroached upon the equivalent of the real property tax upon the land so occupied; 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 ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, WILLIAM HAYES and MARILYN R. HAYES, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. By CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk APPROVED ASTO LE~2.>'~LSUi:FICIENCY William Hayes ( SEAL ) ( SEAL ) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of · CITY MANAGER. , 19 , by CITY MANAGER/AUTHORIZED DESIGNEE OF THE My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: 6 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: this The foregoing instrument was acknowledged before me day of .~?, .... ¢ . v~ I~. , 19 '~l~.~ , by WILLIAM HAYES My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this \i~~ day of ~'~ ~-~~ , 19 ~' , by MARILYN R. HAYES. My Commission Expires: Notary Public I~UlVlP . "~ / . IM.~ l~,~ 197 /~ (~) ' . ~r- ~' "' [REF. M.B.~], ~14~ / ~ x~- PI~ LOT I LOT '2 IVOTE : ,4 ~ WIDE DMA/~,4GE' EASENI~/1- ~ UML£J3' ~ML=,4TE'M WIOT, q I$ AL~N~ E, AD_TA¢~A/T 779 F~CILITIE$ /F & Wl/~A/ ":T: ~( I=, L A N I"~ ~0' I/ OATU/VI: O,A/. IV. = 0.00 /. T~'MMY MYCEA/GA ~. At£N~ Y FIAA='I~E'LL J. ~ I-/. /(/ICl4U~HLiA/ CONSTRUCTION SEOUENCI~ I.Mobilize on Site - ! Day 2. Construct Stationary Platform - 2 Days 'NO6 D ! OWi'l _GENERAL NOTES I, All Metal llardware il.D.G (ASTM A-153). 2. All Timber m Be 2.5# CCA (Except Decking - 0.40# CCA). 3, Piling (~ 50% Minimum Penetration. L ~'~MM~' ~'YCEIVGA ~. ~.1~. I~¢LAU~/./L/)~I - 27 - Item V-I.8. CONSENT AGENDA ORDINANCES/RESOL UTIONS ITEM # 41553 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Virginia Beach Landfill No. 2 at 1989 Jake Sears Road (KEMPSFFLLE BOROUGH): Ordinance to authorize and direct the City Manager to advertise an Invitation to Bid .for a lease not to exceed .forty- (40) years on 14.634 acres of City-owned property at the Northeast corner o.f Landfill No. 2 re joint access and the operation, maintenance and support of a construction/demolition/debris landfill pursuant to the Disposal Service Agreement attached to the proposed lease. Resolution to authorize the City Manager to execute and deliver a Landfill Gas Sale Agreement with Allegheny Energy Resources, Inc. (for a minimum fifteen- (15) year term, requiring minimum payments in the amount of $10,000 per month) re collection, recovery and use of landfill gas. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Yoting Nay: None Council Members Absent: None December 17, 1996 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 9.4 25 26 28 3O 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ADVERTISE AN INVITATION TO BID FOR A LEASE NOT TO EXCEED FORTY (40) YEARS OF 14.634 ACRES OF CITY-OWNED PROPERTY IN THE KEMPSVILLE BOROUGH FOR JOINT ACCESS WITH THE CITY AND THE OPERATION, MAINTENANCE AND $ U P P O R T O F A CONSTRUCTION/DEMOLITION/DEBRIS LANDFILL ADJACENT TO LANDFILL NO. 2 PURSUANT TO THE DISPOSAL SERVICES AGREEMENT ATTACHED TO THE PROPOSED LEASE. WHEREAS, the City of Virginia Beach owns property at the northeast corner of Landfill No. 2 off of Jake Sears Road in the Kempsville Borough; WHEREAS, the City desires to lease, for a period not to exceed forty (40) years, a portion of said property, identified as ,,PROPOSED LEASE AREA" containing 14.634 Acres as shown on the plat entitled ,,PLAN SHOWING AREA TO BE LEASED TO ", prepared by Flora & Ramsay, which is attached, hereto as Exhibit A (hereinafter referred to as the ,,Property"); WHEREAS, the Property shall be used for joint access with the City and the operation, maintenance and support of a construction/demolition/debris landfill adjacent to Landfill No. 2 pursuant to the Disposal Services Agreement attached to and as detailed in the proposed Lease Agreement which is attached hereto as Exhibit B; and WHEREAS, Section 15.1-307 of the Code of Virginia of 1950, as amended, requires the City, after due advertisement, to receive bids publicly for any proposed lease of City-owned property for a term in excess of five (5) years. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager or his designee is hereby authorized and directed pursuant to the provisions of Section 15.1- 307, et seq., of the Code of Virginia of 1950, as amended, and existing city regulations and procedures to advertise an invitation to bid for a lease not to exceed forty (40) years of the Property to be used for joint access with the City and the operation, 42 43 44 45 46 47 48 49 5O maintenance and support of a construction/demolition/debris landfill adjacent to Landfill No. 2 pursuant to the Disposal Services Agreement attached to the proposed lease. 2. That the advertisement shall contain a descriptive notice of the ordinance proposing to grant the lease, which ordinance shall be in substantial conformance with the proposed ordinance attached hereto as Exhibit C. Adopted by.the Council of the City of Virginia Beach, Virginia on the 17th day of December ., 1996. 51 52 53 54 CA-6426 NONCODE\CA6426.ORD R-1 PREPARED: 17 December 1996 A~PROVED AS TO CONTENTS , O // sIGN]%TURE DEPI~RTMENT ~PPROVED ~S TO LEit~L SDFF~CIE~CY ~ND Proposed Lease Area .1 ~'..;. '. ,..' ,.~ ;: ~,-' Lake James ..."' , "~.~.~:,4- x./ MAP SHOWING LANDFILL II Oecemgef II, 1996 MAPPING Technlcol Services Group De..of Public Worlds CITY OF VIRGINIA BEACH, VA Location Map NOTE OISCLAJMER~ ,- / / / // i ...a .! EXHIBIT "B" L E~ S E THIS LEASE is made this day of , 1996, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Lessor"), and , a corporation (the "Lessee"). W I T N E S S E T ~H: THAT FOR and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Lessor hereby leases to the Lessee, and the Lessee hereby Leases from the Lessor, the property described in Exhibit A attached hereto containing 14.634 acres (the "Property"), on and subject to the following terms: 1. TERM. The term of this Lease shall coincide with the term of that certain Disposal Services Agreement (the "DSA") between and the Lessor, a copy of which is attached hereto as Exhibit B, but in no event shall such term exceed forty (40) years from the date of this Lease. 2. RENT. Rent in the amount of ($ ), shall be payable by the Lessee to the Lessor annually, in advance and without demand therefore being made commencing with the Commencement Date of the DSA and continuing on each anniversary of the Commencement Date of the DSA until expiration or termination of the DSA. 3. USE. The Property shall be used for joint access with the Lessor and the operation, maintenance and support of a construction/demolition/debris landfill adjacent to Landfill No. 2 in accordance with and subject to the provisions of the DSA. 4. CONDITIONS. This Lease is subject to all of the terms and conditions of the DSA, which terms and conditions are incorporated herein by reference and made a part hereof. 5. REAL ESTATE TAXES. The Lessee shall pay all real estate taxes assessed against the Property. Due to the uncertain length of the term of this Lease, for purposes of §58.1-3203 of the Code of Virginia as now codified, it is agreed that the term of this Lease shall be deemed to be twenty (20) years. 6. COMPLIANCE WITH LAWS. During the term of this Lease, the Lessee shall comply with all applicable laws affecting the Property and the use thereof by the Lessee. 7. INSURANCE. With respect to the Property, the Lessee shall maintain the insurance policies required by the DSA. 8. DEFAULT AND TERMINATION. A default under the DSA shall be a default under this lease and entitle the non- defaulting party to the same rights and remedies as provided in the DSA. Either party may terminate this Lease for the same reasons and in the same manner as provided in the DSA for termination. 2 9. ASSIGNMENT. This Lease shall not be assigned by the Lessee without the written consent of the Lessor. 10. MODIFICATION. This Lease constitutes the entire agreement between the parties' and shall not be modified except by written agreement executed by both parties. 11. CONDITIONS. This Lease is expressly contingent upon the Lessee obtaining prior to July 1, 1999, all~ required permits, approvals and licenses necessary to operate a construction/demolition/debris landfill. IN WITNESS WHEREOF, the Lessor and the Lessee have caused this Lease to be authorized representatives. executed by their respective duly LESSOR: CITY OF VIRGINIA BEACH Attest: BY: city Manager City Clerk LESSEE: (Seal) Attest: BY: Title: Secretary 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 JAMES K. SPORE, City Manager of the City of Virginia Beach, Virginia, the Lessor, whose name as such is signed to the foregoing writing, has acknowledged the same before me in my city and State aforesaid on behalf of the city. Given under my hand this day of , 1996. My commission expires: Notary Public 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 of the city of Virginia Beach, Virginia, the Lessor, whose name as such 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: Notary Public STATE OF CITY/COUNTY OF , to-wit: the City and State aforesaid, , a Notary Public in and for do hereby certify that , President, and , Secretary, respectively of 4 , Lessee, whose name(s) as such are signed to the foregoing writing, have acknowledged the same before me in my City and State aforesaid on behalf of the Lessee. Given under my hand this day of , 1996. my commission expires: Notary Public G: \DATA\FORMS\DF. EDS~WORKINO\DF3910.LSE 5 DISPOSAL SERVICES AGREEMENT TABLE OF CONTENTS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 2 CERTAIN DEFINITIONS .................. CONDITIONS PRECEDENT TO COMMENCEMENT OF AGREEMENT 6 TERM .......................... 7 LEASE OF ADJACENT PROPERTY ................ 7 DISPOSAL OBLIGATIONS AND RIGHTS ........... 7 DISPOSAL FEES AITD HOST FEES .............. 8 9 PAYMENT ........................ 10 COVENANTS OF .................. 12 COVENANTS OF CITY .................. TITLE; INDEMNITY BY ~ CITY ......... 12 13 INSURANCE ....................... REMOVAL OF UNACCEPTABLE WASTE ........... 15 REPRESENTATIONS AND WARRANTIES OF ....... 15 REPRESENTATIONS AND WARRANTIES OF CITY ......... 16 ACCESS TO AND OPERATION OF THE FACILITY ........ 17 18 DEFAULT; TERMINATION .................. PROVISIONS FOR EARLY TERMINATION ........... 19 EXTRAORDINARY LEVIES; CHANGE IN LAW; RENEGOTIATION 19 20 MISCELLANEOUS ..................... DISPOSAL SERVICES AGREEMERT THIS DISPOSAL SERVICES AGREEMENT ("Agreement") is made this day of , 1996, by and between , a corporation, authorized to do business in Virginia, (" .), and THE CITY OF VIRGINIA BEACH, VIRGINIA, a Virginia Municipal Corporation of the Commonwealth of Virginia (the "City"). W I T N E S E T Hs WHEREAS, , desires to operate a Construction/ Demolition/Debris Landfill (as hereinafter defined) and recycling facility at an existing inert materials landfill and sand mining facility located adjacent to the City's Landfill No. 2 off Centerville Turnpike in the City of Virginia Beach (which Construction/Demolition/Debris Landfill and recycling facility, with all improvements, modifications, expansions or other changes, is known for purposes of this Agreement as the .Facility"); and WHEREAS, the existing inert materials landfill operates under a Conditional Use Permit heretofore approved by the Council of the City to on March 26, 1990, a copy of which is attached hereto as Exhibit 'A (the "CUP"); and WHEREAS, requested from the City an amendment to the CUP so as to allow the operation of the Facility; and WHEREAS, the Council of the City approved amendments to the CUP on September 26, 1995 a copy of which is attached hereto and made a part hereof as Exhibit B (the CUP, as amended, being hereafter referenced as the .Amended CUP"); and WHEREAS, the City desires an additional solid waste disposal facility to assist in meeting its recycling and disposal responsibilities and needs; and WHEREAS, the city desires to secure the disposal rights at the Facility and the host fees from as set forth herein in accordance with the terms hereof; NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement and of the representations, warranties, covenants, conditions and other provisions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. CERTaiN DEFiNiTiONS. (a) Actual Delivery. The term "Actual Delivery" means the actual amount of Construction/Demolition/Debris Waste delivered or caused to be delivered to the Facility during a Contract Year by the City or Disposers, as hereafter defined. (b) Applicable Laws. The term "Applicable Laws" means each and all federal, state and local laws, rules, regulations, orders, ordinances, permits, licenses, directives and other approvals applicable to , the City, the Facility or the transportation or disposal of Construction/Demolition/ Debris Waste. (c) City Haulers. The term "city Haulers" means those City vehicles, City agents or City contractors collecting and delivering City Construction/Demolition/Debris Waste to the Facility. (d) City Construction/Demolition/Debris Waste. The term "city Construction/Demolition/Debris Waste" shall mean Construction/Demolition/Debris Waste generated, collected and delivered by the City or on behalf of the City by City Haulers, as herein defined, but in no event shall it include Construction/Demolition/Debris Waste collected by the City from Disposers. (e) Closure. The term "Closure" shall mean the satisfactory completion of the closure requirements of all Applicable Laws. (f) Completely Filled or Rendered Unusable. The term "Completely Filled or Rendered Unusable" means such time as the Facility either is (i) permanently closed by or (ii) completely filled or (iii) otherwise rendered unusable by reason of the lack of or withdrawal of a required license, permit, consent or other approval of any federal, state or local government or by reason of any action by a court or any administrative order, ruling or proceeding which occurs from events other than 's failure to comply with any required license, permit, consent or other approval of any federal, state, or local government after has used all reasonable administrative or judicial remedies to retain or prevent the loss of such license or permit or to obtain such consent or approval, or 's failure to comply with the provisions of this Agreement. (g) Construction/Demolition/Debris Landfill .Construction/Demolition/Debris Landfill" means a land burial facility engineered, constructed and operated to contain and isolate Construction Waste, Demolition Waste, Debris Waste, Inert Waste, or combinations of the above solid wastes. 2 (h) Construction Wast~ "Construction Waste" means solid waste which is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Construction wastes include, but are not limited to lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, and liquid, compressed gases or semi-liquids and garbage are not Construction Waste. (i) Construction/Demolition/Debris Waste. The term .Construction/Demolition/Debris Waste" shall mean Construction Waste, Demolition Waste, Debris Waste, and Inert Waste, as hereinafter defined, amd combinations of the above solid wastes. (j) Contract Year. The term "Contract Year" shall mean a period of 12 successive months beginning on the first of July following the Commencement Date and each first of July thereafter during the term of this Agreement; provided, however, that the period from the Commencement Date until the beginning of the first Contract Year shall be the initial contract year and the final contract year shall be the contract year during which the Facility becomes Completely Filled or Rendered Unusable. The "Commencement Date" shall mean the last to occur of the effective date of the Amended CUP or the date on which receives all of the required permits, approvals and licenses necessary to operate the Facility, which in no event shall be later than July 1, 1999. (k) Debris Waste "Debris Waste" means wastes resulting from land clearing operations. Debris wastes include, but are not limited to stumps, wood, brush, leaves, soil, and road spoils. (1) Demolition Waste "Demolition Waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction wastes. (m) Disposers. The term "Disposers" means each and any disposer of Non-City Construction/Demolition/Debris Waste collected and delivered to the Facility other than the City. (n) Force Majeure. The term "Force Majeure" means any act, event or condition relied upon by a party as justification for delay in or excuse from performing an obligation (other than the obligations to make the payments called for by this Agreement) or complying with any condition required of such party under this Agreement, which act, event 3 or condition is beyond the actual control of the party, relying thereon, including, without limitation: (i) an act of od, epidemic, landslide, lightning, earthquake, fire, explosion, storm, flood or similar occurrence, an act of public enemy, war, embargo, blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or disobedience, sabotage or similar occurrence; (ii) a strike, work slowdown, or similar industrial or labor action; (iii) the order or judgment or other act of any federal or state court, administrative agency or governmental office or body; (iv) the denial, loss, suspension, expiration, termination or failure of renewal of any permit, license or other governmental approval required to operate the Facility; (v) the adoption or change (including a change in interpre- tation) of an Applicable Law adversely affecting the obligations of either party hereunder; (vi) breakage or accidents to machinery or equipment; or (vii) delays in obtaining, or reductions or shortages of supplies, materials, equipment, fuel, or soil or other cover material, necessary to 's performance hereunder. (o) Guaranteed city CapacitY. The term .Guaranteed City Capacity" means that number of cubic yards of City Construction/Demolition/Debris Waste for which guarantees the City disposal rights at the Facility and which guaranteed amount shall equal the product obtained by multiplying by 1.25 the additional cubic yards of capacity which the Facility will have as a result of the lease by the City to of the Adjacent Property as compared to the capacity the Facility would have had without the use of the Adjacent Property as finally determined by 's engineers and verified by the City as of the Commencement Date by. Following such determination and verification, the parties shall evidence the actual Guaranteed City Capacity by an addendum to this Agreement. (p) Hazardous Waste. The term .Hazardous Waste" means all waste defined as hazardous materials, hazardous wastes, hazardous substances, toxic wastes or substances or radioactive waste as those terms are defined by the Resource Conservation and Recovery Act of 1976; the Comprehensive Environmental Response, Compensation and Liability Act of 1980; the Atomic Energy Act of 1954; the Toxic Substances Control Act; the Occupational Health and Safety Act; each comparable or similar Virginia statute; or any other Applicable Law and the rules and regulations promulgated under any of the foregoing, as each from time to time may be amended, provided that the term Hazardous Waste shall be construed to have the broader, more encompassing definition where there exists a conflict in the definitions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over Hazardous Waste. (q) Inert Waste "Inert Waste" means solid waste which is physically, chemically, and biologically stable from further degradation and considered to be nonreactive. Inert wastes include rubble, concrete, broken bricks, bricks, and blocks. (r) Infectious Waste. The term "Infectious Waste" means waste that may be considered pathological or bio-hazardous originating from hospitals, public or private medical clinics, departments or research laboratories, pharmaceutical industries, medical or dental offices, nursing homes, blood banks, forensic medical departments, mortuaries, veterinary facilities and other similar facilities and includes, but is not limited to, equipment, instruments, utensils, fomites, laboratory waste (including pathological specimens and fomites attendant thereto), surgical facilities, equipment, bedding and utensils (including pathological specimens and disposable fomites attendant thereto), sharps (including for example hypodermic needles and syringes), dialysis unit waste, animal carcasses, offal and body parts, biological materials (including for example vaccines and medicines) and other similar materials. (s) Non-City Construction/Demolition/Debris Waste. The term "Non-City Construction/Demolition/Debris Waste" shall mean all Construction/Demolition/Debris Waste other than City Construction/Demolition/Debris Waste. (t) Solid Waste. The term "Solid Waste" means any garbage, refuse or rubbish resulting from industrial, commercial, residential or community activities, but specifically excludes: (i) Construction/Demolition/Debris Waste; (ii) Infectious Waste; (iii) Hazardous Waste; (iv) Special Waste; and (iv) any other material which does not strictly conform to the description of materials which the Facility is permitted to dispose of under its permits and all Applicable Laws. (u) Special Waste. The term "Special Waste" means material generated, directly or indirectly, as a result of a manufacturing process or from the removal of contaminants from the air, water or land; industrial process waste; pollution control waste; sewage, sewage sludge or other residue from waste water treatment facilities; and other refuse or rubbish which is allowed by permit to be disposed of at the Facility but which is required by or any governmental authority or by its general nature to be handled or disposed of other than in accordance with the Facility's normal disposal and fill operating procedures for Construction/Demolition/Debris Waste. Special Waste specifically excludes Solid Waste, Construction/Demolition/Debris Waste, Hazardous Waste and Infectious Waste. 2. CONDITIONS PRECEDENT TO COMMENCEMENT OF AGREEHENT. (a) 's Conditions Precedent. The obligations of hereunder are subject to the satisfaction of the following conditions precedent: (i) City shall have delivered to evidence of City's approval of the Amended CUP to permit the operation of a Construction/Demolition/Debris Landfill; and (ii) City shall have delivered to evidence of City's adoption of an ordinance or resolution approving the lease of the Adjacent Property (hereafter defined); and (iii) City shall have delivered to evidence of City's issuance of a conditional use permit applicable to the Adjacent Property which contains substantially the same terms and permits the same activities as the Amended CUP or other evidence that the Adjacent Property can be used as a Construction/Demolition/Debris Landfill without additional use permits or amendments to existing use permits ; and (iv) shall have obtained all necessary regulatory permits, approvals and licenses necessary for the operation of the Facility as a Construction/ Demolition/Debris Landfill, it being understood and agreed that the Virginia Department of Environmental Quality ("DEQ') will require evidence of (i), (ii), and (iii) above as a condition precedent to the issuance of any permit. (b) City's Conditions Precedent. City hereunder are subject to the following conditions precedent: The obligations of satisfaction of the (i) As of the Commencement Date there has not been any material adverse change in the financial condition of since (ii) shall have obtained all necessary regulatory permits, approvals and licenses for the operation of the Facility as a Construction/ Demolition/Debris Landfill. (iii) The Facility is in material compliance with all Applicable Laws. (iv) has provided City with evidence that has met the requirements for insurance as described herein, and has meet all of the financial assurance requirements required by DEQ for the operation of the Facility. (v) Neither this Agreement, the Ordinance, nor the Facility is the subject of litigation, the reasonably likely result of which could materially affect the performance of one or both of the parties to this Agreement. 3. TERM. Subject to the conditions precedent set forth in Section 2 and unless sooner terminated pursuant to Section 16 or 17 hereof, the initial term of this Agreement shall commence on the Commencement Date and continue until the Facility is Completely Filled or Rendered Unusable, subject to events of Force Majeure, or at such time as the City has disposed of the Guaranteed City Capacity of City Construction/ Demolition/Debris Waste whichever shall first occur (the .Initial Term"). The City may continue to dispose of City Construction/Demolition/Debris Waste after it has disposed of the Guaranteed City Capacity as hereinafter provided. The term following the Initial Term and continuing until the Facility is Completely Filled or Rendered Unusable shall be referred to herein as the "Extended Term". The term of this Agreement shall include the Initial Term, the Extended Term, if any, and the period following Closure or termination during which has any outstanding obligations hereunder (collectively, the "Term"). 4. L~ASE OF ADJACENT PROPERTY On the Commencement Date and provided has met all of the conditions precedent set forth in Section 2, the City agrees to and hereby does lease to and agrees to and hereby does lease from the City on the terms and conditions set forth herein at an annual rental of ($ ) per year until the Facility is Completely Filled or Rendered Unusable and has been closed by in accordance with all Closure requirements , that certain property containing a total of 14.634 acres located between the Property (hereinafter defined) and the City's Landfill No. 2 and more particularly described on Exhibit C (the .Adjacent Property") of which 2.382 acres is reserved as a common access easement as is also shown on Exhibit C for the joint use by and the City. and the City agree to share equally the cost of maintaining the common access easement. The lease of the Adjacent Property shall be subject to all easements, right of ways, and restrictions whether recorded or not. In the event that DEQ requires a separate lease agreement 7 as a condition of the issuance of the permit, the City agrees to execute and deliver the lease agreement as provided herein subject to the condition that the permit is thereafter subsequently issued by DEQ. The terms and conditions of this Agreement shall be made a part of any such lease agreement. 5. DISPOSAL OBLIGATIONS AND RIGHTS. (a) DisDosal of Construction/Demolition/Debris Waste by, · During the term of this Agreement agrees to recei%e and dispose only of (1) City Construction/Demolition/Debris Waste delivered to the Facility by the City or City Haulers, and (2) Non-City Construction/Demolition/Debris Waste delivered to the Facility by the Disposers and to accept such Construction/Demolition/ Debris Waste for disposal at the Facility in accordance with the terms of this Agreement; provided, however, that , in its sole discretion, shall have the right to reject any material which determines does not constitute Construction/Demolit ion/Debris Waste. (b) Obliqation of City. The City shall require each City Hauler of City Construction/Demolition /Debris Waste to observe all the obligations under this Agreement to the same extent that City is obligated to perform its obligations hereunder. (c) The provisions of (a) and (b) of this Section to the contrary notwithstanding and provided this Agreement has not been otherwise terminated, may terminate this Agreement after the expiration of twenty (20) years from the Commencement Date upon thirty (30) days written notice to the City. 6. DISPOSAL FEES AND HOST FEES. (a) Base Disposal Fee. The initial Base Disposal Fee for city Construction/Demolition/Debris Waste other than Exempt city Construction/Demolition/Debris Waste delivered by the City or by City Haulers during the Initial Term and applicable to the Guaranteed City Capacity shall be Dollars ($__) per cubic yard. There shall be no Disposal Fee for Exempt city Construction/ Demolition/Debris Waste. As used herein the term "Exempt city Construction/ Demolition/ Debris Waste" shall mean City Construction/ Demolition/Debris Waste which can be and is utilized by in the operation of the Facility as determined by in good faith at the time of its delivery to the Facility. The Disposal Fee for city Construction/Demolition/Debris other than Exempt city Construction/Demolition/Debris Waste delivered by the City or 8 by City Haulers during the Extended Term shall be the prevailing gate rate charged by to commercial customers from time to time throughout the Extended Term. (b) Host Fees. shall pay the City an initial Host Fee in accordance with Exhibit D attached hereto and made a part hereof for all Non-City Construction/ Demolition/Debris Waste disposed of at the Facility other than Non-City Construction/Demolition/ Debris Waste for which did not receive the posted gate rate and which can be used by in the operation of. the Facility as determined by in good faith at the time of its delivery. (c) (±) Increase in Base DisDosal Fee and Host Fee. During the Initial Term, the initial Base Disposal Fee set forth above will be increased as of each July 1st, commencing on July 1st of the second complete Contract Year, by an amount calculated by multiplying the initial Base Disposal Fee by a fraction, the numerator of which is the Consumer Price Index most recently published preceding the commencement of the Contract Year for which the increase is being computed and the denominator of which shall be the Consumer Price Index most recently published preceding the Commencement Date. (ii) Also the initial Host Fee set forth above will be increased as of each July 1st, commencing on July 1st of the second complete Contract Year, by an amount calculated by multiplying the initial Base Host Fee by a fraction, the numerator of which is the Consumer Price Index most recently published preceding the commencement of the Contract Year for which the increase is being computed and the denominator of which shall be the Consumer Price Index most recently published preceding the Commencement Date. For purposes of this Agreement, the term .Consumer Price Index" shall mean the All Urban Consumer Price Index (CPI-U, U.S. City Average, All Items, 1982/1984 = 100) as published by the United States Department of Labor. If such Consumer Price Index should be discon- tinued, then any successor Consumer Price Index of said Department of Labor, or any successor agency thereto, shall be used, and if there is no such Consumer Price Index future adjustments shall be computed using the most closely comparable statistics on the purchasing power of the consumer dollar as published by a responsible 9 financial authority and selected by and approved by the City. (d) Measurement. The number of cubic yards of Construction/Demolition/Debris Waste for each vehicle shall be determined upon its entrance to the Facility based upon the full rated cubic yard capacity of the vehicle and noted on the trip ticket. No vehicle shall proceed beyond the established check-in point without a trip ticket. 7. PAYMENT. (a) Payment of Disposal Fees. shall issue a trip ticket to each vehicle delivering City Construction/ Demolition/Debris Waste to the Facility, which trip ticket shall show the date, vehicle number and the number of cubic yards of City Construction/Demolition/Debris Waste in each load to establish charges. On a monthly basis shall send City an invoice which shall include all charges through the last day of the preceding month based on the Disposal Fee in effect at that time. City agrees to pay all charges due and owing hereunder to within 30 days after the date of each such statement. Amounts shown on each invoice which are outstanding from City to for more than 30 days shall accrue an immediately payable service charge commencing with the date of the applicable invoice. Such service charge shall be the lesser of twelve percent (12%) per annum or the maximum percentage allowable by law; provided, however, that accrual of such service charge shall not remedy City's default for nonpayment. (b) Payment of Host Fees. shall pay the City within thirty (30) days following the end of each month all Host Fees due to the City for the immediately preceding month and shall submit to the City a written report indicating the total amount of Non-City Construction/Demolition/Debris Waste delivered to the Facility and how the Host Fee payment was calculated. (c) Nettinq Invoices. may, if it so elects, credit the amount of Host Fees which it owes the City against the amount of Disposal Fees due by the City and invoice the City for the difference if the Disposal Fees due exceed the Host Fees payable, or remit the difference to the City if the Host Fees payable exceed the Disposal Fees due. 8. COVENANTS OF (a) Compliance with Law. shall operate the Facility in compliance with all Applicable Laws. 10 (b) Traffic Control If after the Commencement Date the increased traffic volume at the intersection of Jake Sears Road and Centerville Turnpike primarily attributable to the Facility warrants traffic control lights, will, at its expense, purchase and install such lights, otherwise will equitably share the expense of purchasing and installing such traffic control lights with the City at such time as general traffic volume warrants such lights; and (c) Other Common ExDenses Except as herein provided to the contrary, will also equitably share the expense of activities or programs which benefit or effect jointly the Facility and the City's Landfill No. 2. Such activities or programs shall include without limitations, surface and groundwater management and monitoring, leachate control, access and access control. (d) Buffer Area will at its expense construct and maintain until Closure a buffer area along the entire property boundary adjacent to Centerville Turnpike and adjacent properties in accordance with specifications and requirements prescribed by the Virginia Department of Transportation (VDOT), and to the extent that they do not conflict with and are not more expensive than VDOT's specifications, with any specifications of the City for the screening of landfills. (e) Additional Covenants. As consideration for the approval of the Amended CUP , the leasing of the Adjacent Property and the execution of this Agreement by the City, during the term of the lease of the Adjacent Property and during the term of this Agreement, ~ covenants and agrees to: (1) develop the Adjacent Property as a part of the Facility for the disposal of Construction/Demolition/ Debris Waste; and (2) guarantee the City the right to dispose of the Guaranteed City Capacity of City Construction/Demolition/ Debris Waste at the Disposal Fees herein established; and (3) guarantee and pay the City Host Fees at the rates herein established until the Facility is Completely Filled or Rendered Unusable; and (4) coordinate with the City and thereafter implement a plan for Closure of the Facility which compliments the City's plan for Closure of its adjacent Landfill No. 2;; and (5) surrender the Adjacent Property to the City following Closure in accordance with all Applicable Laws, or the earlier termination of this Agreement; and (6) after Closure, convey to the City for and in consideration of the sum of Ten Dollars ($10.00) by general warranty deed with English Covenants of title, but without any express or implied warranty as to future use, free and clear of all liens and encumbrances, good marketable, fee simple title to the real property more particularly described on Exhibit E attached hereto and made a part hereof (the" Property") and on which the Facility (not including the Adjacent Property) is to be located; and (7) conduct or have conducted at its expense all post- Closure monitoring required at the Facility including the Adjacent Property, under the closure provisions of all Applicable Laws, including without limitation, groundwater and leachate monitoring; and (8) use its best good faith efforts to apply for and obtain all required permits, licenses and approvals necessary for the operation of the Facility as a Construction/ Demolition/Debris Landfill as soon as possible, and to keep and maintain in force all such permits, licenses and approvals and renewals and extensions thereof during the existence of this Agreement; and (9) grant City an easement for the location of City's roadway associated with City's Landfill No. 2 over, across and through that portion of 's property on which said roadway currently encroaches; and (10) provide the City with copies of any owner's or mortgagee's title insurance policies and surveys may from time to time obtain for the Property during the term of this Agreement. 9. COVENANTS OF CITY. (a) Equipment Damaqe. city shall be responsible for all damage to equipment occurring at the Facility caused by the negligent act or omission of City or City Haulers. (b) Compliance. City shall require operators of its vehicles and the operators of City Haulers' vehicles delivering City Construction/Demolition/Debris Waste to the Facility to comply with all Applicable Laws and 's policies, rules and regulations to ensure that no material which does not conform to the definition of Construction/ Demolition/Debris Waste under this Agreement is delivered to the Facility. 12 (c) Post-Closure Maintenance. After Closure, the City at its expense will maintain the surface of the Facility and the Adjacent Property and perform all grass cutting and landscaping maintenance. 10. TITLE! IND~m~ITY BY AND CITY. (a) Title. Title to and all risks and responsibilities for the City Construction/Demolition/ Debris Waste transported to the Facility shall pass to at the time the City Construction/Demolition/Debris Waste is fully removed from the 'n transport1 g vehicles and accepted by as Construction/ Demolition/Debris Waste at the Facility. Title to and all risks and responsibilities for material which does not conform to the definition of City Construction/ Demolition/Debris Waste under this Agreement shall remain with City and shall never 'pass to whether or not disposed of at the Facility. shall defend, (b) Indemnity by ... indemnify and hold harmless City, its officials, representatives and employees, from and against all liabilities, losses, penalties, charges, claims, damages and expenses whatsoever (including, but not limited to, reasonable attorneys' fees and expenses of investigation and litigation), which City, its officials and their representatives and employees suffer or sustain or become liable for, by reason of .the actions, omissions or negligence of , its agents, representatives and employees in connecti6n with the performance of under this Agreement, the operation of the Facility and/or the non-compliance by with any Applicable Laws, which cause or otherwise result in damages or injuries (either to persons or property, real or personal, or both), including, without limitation, injuries resulting in death. All costs associated with violations of any Applicable Laws including, but not limited to, remediation, clean-up costs, fines, administrative and civil penalties or any regulatory agency or any third party, as a result of the non- compliance with Applicable Laws by or by its contractors, consultants, employees, or any persons, corporations or other legal entities legally acting for or behalf , shall be paid by (c) Responsibility of city. To the extent authorized by law, City shall be responsible for all liabilities, losses, penalties, charges, claims, damages and expenses whatsoever (including, but not limited to, reasonable attorneys' fees and expenses of investigation and litigation), which its officers, directors, and employees suffer or sustain or become 13 liable for, by reason of the negligence or willful misconduct of City, its officials, agents, and employees in connection with City's obligations under this Agreement, which cause or otherwise result in damages or injuries (either to persons or property, real or personal, or both), including, without limitation, injuries resulting in death. 11. INS~IRANCE. (a) Insurance by City. At all times during the Term, City shall require each City Hauler to keep, in full force and effect with an insurance company or companies licensed to do business in the Commonwealth of Virginia workers' compensation in the amount from time to time required by law, and general liability insurance with combined single limit of at least One Million Dollars ($1,000,000) with respect to injury or death and with respect to damage to property. City may self-insure with respect to City-owned vehicles. shall obtain and (b) Insurance by . ... maintain during the Term with an insurance company or companies licensed to transact the business of insurance in the Commonwealth of Virginia, the following insurance: 1. Workers Compensation Public Liability Insurance coverage in a minimum amount at all times equal to the statutory limits required from time to time under Title 65.2 of the Code of Virginia, as amended; and 2. Commercial General Liability Insurance coverages with a combined single limit for personal injury and property damage of at least One Million Dollars ($1,000,000.00) which policies shall name the City as an additional insured; and 3. Automobile Liability Insurance, including. coverage for non-owned and hired vehicles with a combined single limit for personal injury and property damage of at least One Million Dollars ($1,000,000.00); and 4. Contractual Liability Insurance coverage for products and completed operations of at least Three Million Dollars ($3,000,000.00) in the aggregate; and 5. Environmental Impairment Liability Insurance coverage in the amount of $5,000,000 per occurrence and $10,000,000 aggregate so long as such insurance is commer- cially available at a rate which is not substantially higher than on the date hereof taking into consideration increases in the consumer price index in the same manner as provided in other provisions of this Agreement. city shall not be 14 named as an additional insured on this policy without prior written approval of the City's Risk Management Division Administrator. Ail policies of insurance required herein shall be in a form and written by insurance companies acceptable to City, and, except as to the Environmental Impairment Liability Insurance, shall where applicable name the City as an additional insured, and shall contain a provision that the policy will not be canceled or materially modified without thirty (30) days prior written notice to the City. City reserves the right to require increased coverage amounts and/or additional coverages in accordance with industry standards and requirements of law every three (3) years during the Term of this Agreement. The City shall be provided with certificates of insurance for all coverages required hereunder. Upon request, the City shall be provided with copies of the policies of insurance required hereunder. 12. P~MOVa?, OF UNACCEPTABLE WASTE. city agrees that neither it nor any City Hauler will dispose of any Hazardous Waste, Infectious Waste, Special Waste, Solid Waste, or any other material which is not Construction/Demolition/Debris Waste at the Facility. If City or any city Hauler delivers any material which does not conform to the definition of Construction/Demolition/ Debris Waste under this Agreement and to the requirements of all Applicable Laws to the Facility, then (in addition to 's other remedies pursuant hereto or in accordance with any Applicable Laws), if notifies City of the delivery of such nonconforming materials, City shall promptly remove or cause the offending City Hauler to remove such nonconforming material from the Facility without expense to 13. R~PRESENTATIONS AND WARRANTIES OF ,. As a material inducement to City to enter into this Agreement, represents and warrants that at the date hereof: (a) Orqanization. is duly organized, validly existing and in good standing under the laws of the State of and is qualified to do business in the Commonwealth of Virginia and has all requisite corporate power and corporate authority to execute and perform its obligations under this Agreement. agrees to remain in good standing and so qualified until no longer has any outstanding obligations under this Agreement. (b) Authority... The execution, delivery and performance of this Agreement has been approved and authorized by all necessary corporate action of This Agreement 15 constitutes a legal, valid and binding obligation of , enforceable in accordance with its terms. (c) No Conflict~. The execution, delivery and per- formance of this Agreement will not constitute a violation or breach of the certificate of incorporation or bylaws of , or of any provision of any contract, permit, license, agreement or other obligation to which is a party or by which or any of its assets (including the Facility) are bound, or any writ, injunction, decree, or Applicable Law to which or any of its assets (including the Facility) are subject. (d) No Litiqation,. There are no pending or threatened lawsuits, orders or other challenges to the operations of pertaining to or affecting the performance by it of its obligations hereunder. (d) No Collusion. This Agreement has been made without collusion or fraud and that has not offered or received kickbacks or inducements from any office, supplier, manufacturer or subcontractor in connection with this Agreement, and that it has not conferred on any public employee having any official responsibility for this transaction, any payment, loan, subscription, advance, deposit of money or anything of more than nominal value, present or promised, unless something of substantially equal or greater value was exchanged. (e) Equal Employment. will comply with Executive Order No. 11246, entitled "Equal Employment Opportunity" as supplemented in the United States Department of labor Regulations (41 C.F.R. pt. 60), the Federal civil Rights Act of 1964, as amended, the Virginia Fair Employment Act of 1975, as amended, where applicable, Section 11-51 of the Virginia Public Procurement Act, and all equal opportunity ordinances and policies of the City. (g) Licenses and Permits. represents and warrants that it possesses all necessary lic'~nses and permits required to conduct its business and will acquire any additional licenses and permits necessary for operating the Facility and otherwise performing its obligations under this Agreement. 14. REPRESENTATIONS ~__ND WARRANTIES OF CITY. As a material inducement to to enter into this Agreement, city represents and warrants to the best of its knowledge and belief and without intensive investigation that at the date hereof: 16 (a) Authority. City has all requisite power and authority to execute and perform this Agreement and the execution, delivery and performance of this Agreement has been approved and authorized by all necessary action of City. This Agreement constitutes a legal, valid and binding obligation of City enforceable in accordance with its terms. (b) No Conflicts. The execution, delivery and performance of this Agreement will not constitute a violation or breach of the charter of City, or of any provision of any contract, permit, license, agreement or other obligation to which City is a party or by which City is bound, or any writ, injunction, decree, or Applicable Laws to which City is subject. (c) No Litiqation. There are no pending or threatened lawsuits, orders or other challenges to the operations of City pertaining to or affecting the performance by it of its obligations hereunder. 15. ACCESS TO AND OPERATION OF THE FACILITY. (a) Access. The City and each City Hauler of City Construction/Demolition/Debris Waste shall have access to the Facility, in common with all other customers of the Facility, during all normal hours of operation of the Facility and otherwise in accordance with the rules and regulations established by from time to time for operation of, and disposal of Construction/ Demolition/Debris Waste at, the Facility. The current Facility operation hours are 7:00 a.m. - 6:00 p.m., Monday through Friday and 7:00 a.m. - 4:00 p.m. on Saturday, excluding holidays, shall have the right to alter the current operation hours upon written notice to City, provided, that except in cases of emergency or without the prior approval of City, such hours shall not be extended to commence prior to 7:00 a.m. or extend after 6:00 p.m. and shall not include Sundays. City shall have access to the Facility during operation hours, and, at other times, upon reasonable notice to , to inspect the Facility, to conduct engineering tests and studies, surveys and other inspections and tests as City deems appropriate and to monitor compliance with this Agreement. (b) Access to Facility The City agrees to and does hereby grant to at no cost to the right of ingress and egress to the Facility from Jake Sears Road across the City's Property on which the City's Landfill No. 2 is located during the Initial and the Extended Term of this Agreement, provided that any cost or expense of constructing and or maintaining that portion of such access used solely for ingress and egress to the Facility shall be paid by , and the cost of constructing and maintaining that portion of 17 such access jointly used by the City and shall be equitably shared. (c) Emerqenc¥ Access. The provisions of paragraph (a) above to the contrary notwithstanding, will provide the City around the clock twenty-four (24) hour access to the Facility during times of emergency as determined by the City without notice and without additional cost or expense to the City; provided that such access is not prohibited under any permit or license regulating the use and/or operation of the Facility. (d) Rules and Requlations. city acknowledges the right of to make, change and enforce reasonable rules and regulations regarding the operation of, and disposal of Construction/Demolition/Debris Waste at the Facility, and City shall abide by, and shall require all City Haulers to abide by such rules as are established from time to time; provided, however, such changes shall not alter or diminish the rights or obligations of the City or under this Agreement. (e) Refusal of Service. reserves the right (i) to refuse access to the Facility to the City or any city Hauler for repeatedly failing to comply with 's rules and regulations for the operation of the Facility after due notice of such violations to the City; and (ii) to refuse access immediately to the City or any City Hauler for at any time delivering materials which are not Construction/ Demolition/Debris Waste or which otherwise jeopardizes human health or the environment. 16. DEFAULT! TERMINATION. (a) Default by city shall have the right to terminate this Agreement, in ~ity's sole option, in the event of the occurrence and continuance of any of the following (a "Default"): (i) material breach by of any of the terms or conditions of this Agreement, which breach is not cured within 60 days after written notice of same is given by City to ; provided, however, that if the nature of the breach is such that it cannot reasonably be cured within 60 days, then City shall not be entitled to terminate this Agreement with respect to such breach if commences said cure within such 60 day period and thereafter diligently prosecutes same to completion; or (ii) commencement of any voluntary or involuntary bankruptcy or insolvency proceedings by or against or commencement of reorganization proceedings by or against under any state or federal debtor relief statute; provided, that any such involuntary 18 proceeding is instituted. not dismissed within 120 days after being (b) Default by City. shall have the right to terminate this Agreement, in 's sole option, in the event of the occurrence and continuance of any of the following (a .Default"): (i) failure of city to comply with its payment obligations under this Agreement within thirty (30) days after the due date of each such payment, which failure occurs five (5) times or more within any Contract Year; or (ii) material breach by City of any of the nonmonetary terms or conditions of this Agreement, which breach is not cured within 60 days after written notice of same is given to City by ..; provided, however, that if the nature of said breach is such that it cannot be cured within sixty (60) days, then shall not be entitled to terminate this Agreement with respect to such breach if City commences said cure within such 60 day period and thereafter diligently prosecutes same to completion. (c) Cash Basis Delivery. In addition to any other remedies it may have in the event of a Default under Section 15(b), shall have the right to refuse to accept City Construction/Demolition/Debris Waste, or to do so only upon payment of the disposal fee by City in cash in advance. (d) Effect of Termination. Any termination of this Agreement shall not result in the termination of any obligation of any party hereunder that has accrued at the time of termination, and in no event shall the termination of this Agreement operate to excuse any obligation of any party for breach of a representation or warranty under this Agreement or for failure to perform under the indemnity provisions of this Agreement, Closure or post-Closure requirements or' other obligations required by law to be fulfilled subsequent to termination of this Agreement, all of which provisions shall survive termination of this Agreement unless otherwise provided herein. 17. PROVISIONS FOR EARLY TERMINATION. In addition to its other rights under this Agreement, shall be entitled to terminate this Agreement upon 30 days written notice to City in the event that the Facility is Completely Filled or Rendered Unusable. Additionally, either City or may terminate this Agreement upon thirty (30) days written notice 19 to the other in the event the conditions precedent set forth in Section 2 above are not satisfied by the Commencement Date. 18. ~XTRAORD'r~_~Y LEVIES/ CHAN~E IN LAW! RENE~OTIATION. Notwithstanding any other provision to the contrary contained herein, in the event that during the Term of this Agreement there is levied upon or upon the operations of the Facility any extraordinary tax, assessment or charge by any governmental authority or there occurs a substantial change in regulatory requirements related to the operation of the Facility or the waste disposal business and having general applicability to the Facility or the waste disposal business which includes the Facility (but not related to any action, omission or condition solely of the Facility or such as fines or penalties imposed by a court or other governmental authority), which tax, assessment, charge or substantial change increases 's cost of providing services hereunder, such amount shall be proportionately assessed to all customers of the Facility and the portion so assessed to City hereunder shall be added to the Disposal Fee to be paid by City; provided, however, that if City and cannot agree on a renegotiation of the Disposal Fees provided for herein, then either party may terminate this Agreement upon 60 days written notice to the other. The Disposal Fees and Host Fees agreed upon herein by are based upon the assumption that will only have to pay the City a business license tax at the rate in effect for the calendar year 1995 (the "Current Rate"), and that is not subject to any other license tax or fee under the City's Solid Waste ordinances for operation of the Facility. If the City subsequently raises the Current Rate or imposes additional license taxes or fees on the operation of the Facility, the Disposal Fees and the Host Fees shall be adjusted proportionately. The provisions of this Section are not intended to apply to any real estate taxes otherwise payable by to the City on the Property or the Adjacent Property, and it is understood and agreed that real estate taxes imposed on the Adjacent Property shall be payable under the provisions of Section 58.1-3203 of the Code of Virginia as now codified and that for such purposes the term of the lease of the Adjacent Property shall be deemed to be twenty (20) years. 19. ~ISCELLANEOUS. (a) Waiver. Any party may waive any portion or portions of its rights hereunder without affecting the balance of this Agreement, but no such waiver shall be valid unless in writing signed by the party waiving and only to the extent therein set forth. (b) Third Party Beneficiary. Each of the parties hereto intends that shall be a third party beneficiary to this Agreement, shall be entitled to the benefits hereof and 2O shall have the ability to exercise the rights granted to it herein as fully as if it were a direct signatory hereto. (c) City Assistance. The City agrees to provide reasonable assistance to in obtaining all local, state and federal permits, licenses and approvals for the use and operation of the Facility, including without limitation, such licenses, permits and approvals as may be required by the Virginia Department of Environmental Quality or any successor agency to it. As used herein the term "reasonable assistance" shall mean reasonable efforts to provide on a timely basis all applicable information within the City's control and possession to assist the decision maker in making an informed decision on such permits, licenses or approvals, and to convey to the decision maker the City's interest in seeing that such permits, licenses and approvals are granted. (d) Amendment; Remedies Cumulative. This Agreement shall not be altered, modified or otherwise amended except by a writing executed by each party. Any failure on the part of any party to this Agreement at any time to require the performance by any other party of any term or provision hereof, even if known, shall in no way affect the right thereafter to enforce the same, nor shall it be taken or held to be a waiver of any succeeding breach. No right, remedy or election given by any term of this Agreement shall be deemed exclusive but each shall be cumulative with all rights, remedies and elections available at law or in equity. (e) Notices. Ail notices, requests, demands, and other communications by either party to the other shall be in writing and may be either: (i) delivered personally to the party named below; (ii) deposited in the U.S. mail, registered or certified, return receipt requested; or (iii) sent by overnight courier service, in each case to the party's address set forth below: If to : ATTN: with a copy to: ATTN: 21 and a copy to: If to City: city Manager City of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia 23456 with a copy to: City Attorney City of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia 23456 or to such other address, and to the attention of such other person or officer, as either party may designate in writing by notice duly given pursuant to this Section 19(e). Notices shall be deemed delivered and effective when: (A) delivered in person, (B) three business days after being placed in the U.S. mail, properly addressed, with sufficient postage, or (C) the day after sent by overnight courier service. (f) Assiqnment; Subcontractinq. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. City shall not have the right to assign or otherwise transfer its rights and obligations hereunder without the consent of shall not be entitled to assign or subcontract its rights and obligations hereunder, without the prior written consent of City, and without the agreement of the assignee to assume the obligations of hereunder. Unless expressly agreed by the City in writing, shall not be released from its liabilities and obligations hereunder in the event of any subsequent assignment and assumption. (g) Relationship of Parties. This Agreement shall not be construed so as to create the relationship of principal and agent or of partnership or joint venture or of any other association between city and except that of independent contractor. The part~es hereto agree to act as independent contractors, and as such, except as otherwise specifically set forth in this Agreement, each party shall be liable for its own governmental or business operation, insurance, taxes, licenses, permits, expenses, and all other liabilities and obligations~ 22 (h) Severability. If any term or condition of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected hereby, and each term and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (i) Entire Aqreement; Counterparts. This Agreement constitutes the entire understanding between the parties hereto, and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. (j) Force Majeure. No party shall be liable, for its failure to perform any of its obligations hereunder nor shall it be deemed a default under this Agreement if a party fails to perform any of its obligations hereunder in any case in which such failure is caused directly or indirectly by an event of Force Majeure; except that the failure to pay money when due shall not be excused as a result of the effect of this Section 19(j). (k) Headinq~. The headings contained herein are for convenience of reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. (1) Governinq Law. This Agreement shall be construed by and governed in accordance with the laws of the State of Virginia. (m) Jurisdiction. Any action at law or suit in equity arising from this Agreement shall be brought in the Circuit Court for the City of Virginia Beach, Virginia unless exclusive jurisdiction exists in the United States District Court for the Eastern District of Virginia, Norfolk Division, in which case that court shall be the appropriate venue. Each party hereby consents to the jurisdiction of such courts and waives all rights to have such matters tried in any other court. (n) Non-ADpropriation. It is understood and agreed between the parties hereto that with respect to any payment obligations of City, City shall be bound hereunder only to the extent that funds shall have been appropriated and budgeted 23 for the purpose of this Agreement. In the event no funds are appropriated and budgeted in any fiscal period for payments due under this Agreement, City shall immediately notify of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever. (o) Nondiscrimination. During the performance of this Agreement, agrees as follows: (i) .will not discriminate against any employee or applicant for employment, because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification/ consideration reasonably necessary to the normal operation of agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (ii) , in all solicitations or advertisements for employees placed by or on behalf of , will state that is an equal opportunity employer. (iii) Notices, advertisements and solicitations placed in accordance with federal law, rules or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. (iv) will include provisions of the foregoing paragraphs (i), (ii) and (iii) in every contract, subcontract or purchase order related to this Agreement of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon such contractor, subcontractor or vendor. (p) Recordation. This Agreement or a memorandum thereof shall be recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and shall be indexed in the names of and City as both "Grantor" and "Grantee". (q) Liens and Deeds of Trust. Provided is not in default under this Agreement, may from time to time during the term of this Agreement grant deeds of trust against the property on which the Facility is located (but not the Adjacent Property) to secure such loans as necessary and expedient to its business purposes. is not in default under this Agreement, agrees to promptly execute and deliver such agreements or certificates in reasonable form as its lenders may request. may deem As long as the City estoppel or 24 (r) Survival. The parties agree that provisions of this Agreement shall survive the termination of this Agreement for a 9eriod of three (3) years following the date that a 9arty fulfilled or was to have fulfilled its last obligation under this Agreement, and that any administrative or judicial action must be commenced against said 9arty within said three (3) year period. I~ WIT~ESS WHEREOF, each 9arty hereto has caused this Agreement to be executed and delivered by its duly authorized officer, all as of the day and year first above written. Attest: Secretary By: Its: Attest: City Clerk THE CITY OF VIRGINIA BEACH, VIRGINIA By: Its: City Manager/Designee STATE OF VIRGINIA CITY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 1996, by President, and , Secretary, , on its behalf. My Commission Expires: STATE OF VIRGINIA CITY OF Notary Public to-wit: 25 The foregoing instrument was acknowledged before me this__ day of , 1996, by JAMES K. SPORE, CITY MANAGER of the City of Virginia Beach, Virginia, or , his authorized designee, on its behalf. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF , to-wit: The foregoing instrument was acknowledged before me this__ day of , 1996, by RUTH HODGES SMITH, CITY CLERK of the City of Virginia Beach, Virginia, on its behalf. My Commission Expires: Notary Public 26 EXHIBIT A COPY OF CONDITIONAL USE PERMIT APPROVAL 27 E__X~__IBIT B COPY OF AMENDED CONDITIONAL USE PERMIT APPROVAL -28 - EXHIBIT C DESCRIPTION OF ADJACENT PROPERTY -29- EXHIBIT D HOST FEES agrees to pay the City Host Fees during each Contract Year according to the following schedule: Number of Cubic Yards For each cubic yard up to 125,000 cubic yards For each cubic yard from 125,001 to 350,000 cubic yards For each cubic yard from 350,001 to 400,000 cubic yards For each cubic yard from 400,001 to 450,000 cubic yards For each cubic yard over 450,000 cubic yards Rate Per Cubic Yard of Non-City Construction/Demolition/Debris which is not used by per cubic yard per cubic yard per cubic yard per cubic yard per cubic yard EXAMPLE: The Annual Host Fee due the City for 425,000 cubic yards of Non-City Construction/Demolition/Debris Waste would be computed as follows: 1st 125,000 cubic yards Next 225,000 cubic yards (225,000 x $ Next 50,000 cubic yards (50,000 x $ Next 25,000 cubic yards (25,000 x $ Host Fees ) = $ __) = $ __) = $ $ -30- EXHIBIT E DESCRIPTION OF PROPERTY -31- 1 2 3 4 5 6 7 8 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AND DELIVER ON BEHALF OF THE CITY A LANDFILL GAS SALE AGREEMENT WITH ALLEGHENY ENERGY RESOURCES, INC., FOR THE COLLECTION, RECOVERY AND USE OF LANDFILL GAS FROM THE CITY'S LANDFILL NO. 2 FACILITY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, in response to an RFP, the City is negotiating an Agreement with Allegheny Energy Resources, Inc., for the collection, recovery and use of landfill gas resulting from the City's landfill operations at Landfill No. 2 located at 1989 Jake Sears Road for a minimum fifteen (15) year term and requiring minimum payments in the amount of $10,000 per month by AER; and WHEREAS, the Agreement will assist the City in complying with Department of Environmental Quality regulations relating to Landfill No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager or his designee is authorized to execute and deliver on behalf of the City an agreement with Allegheny Energy Resources, Inc. ("AER"), for the collection, recovery and use of landfill gas from the City's landfill operations at Landfill No. 2, with a minimum fifteen (15) year term and requiring minimum payments in the amount of $10,000 per month by AER and subject to approval of the Agreement as to legal form by the City Attorney. This Resolution shall be in effect from the date of its adoption. Virginia, on the Adopted by the Council of the City of Virginia Beach, 17th day of December , 1996. 32 33 34 35 CA-6516 ORDIN\NONCODE\CA6516.RES R-1 PREPARED: December 10, 1996 Approved As To Legal Sufficiency - 28 - Item V-I.9. CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41554 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED, AS REVISED: Resolution re the Virginia Beach 1997 Legislative Package; and, to request Members of the local delegation of the General Assembly to sponsor and/or support legislation that would carry out the City's goals and objectives. * The Health Care Formula and the JLdRC Study will be a part of the Legislative Package. The General Assembly is requested to revise the Needs Based Allocation Formula for Public Health funding. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, William W. Harrison, Jr., Barbara M. ttenley, 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 December 17, 1996 CITY OF VIRGINIA BEACH 1997 GENERAL ASSEMBLY LEGISLATIVE PACKAGE DECEMBER 17, 1996 ATI~ACHMENT (A) TABLE OF CONTENTS The Legislative Agenda of the Hampton Roads Mayor & Chairs Caucus as Endorsed by the Council of the City of Virginia Beach II. Statemem on State Funding III. Virginia Marine Science Museum IV. Post Labor Day School Opening V. Appointmem of Viewers for Street Closures VI. Chesapeake Bay Preservation Act Enforcemem Process VII. Aesthetics Involved with Roadway Construction VIII. Removal, Repair, and Securing of Unsafe Buildings IX. Promotion of Tourism Through Convemion Facilities X. Condemnation Procedures XI. Tax Case Fees XII. Public Safety Package THE LEGISLATIVE AGENDA OF THE HAMPTON ROADS MAYORS AND CHAIRS CAUCUS AS ENDORSED BY TI-IE COUNCIL OF THE CITY OF VIRGINIA BEACH LEGISLATIVE AGENDA REGIONAL INCENTIVE FUND The Regional Competitiveness Act recognizes that Virginia is not as competitive with other states as it needs to be, and that local governments must be encouraged to work together to maximize economic opportunity. The Incentive Fund called for in the Act is an appropriate vehicle to carry out the goals of the Act and must be funded at $50 million to achieve its stated purpose. This Incentive Fund should not compete with the Governor's Opportunity Fund. TRANSPORTATION The General Assembly should expeditiously move to def'me the State's needs for transportation improvements and options to meet those needs by the 1998 session. The time at which maintenance costs will exceed available funds in the Highway Maintenance and Operating Fund and the State Transportation Trust Fund will have to start being utilized is somewhere in the 1999 time period. The State is also urged to be proactive in having the Congress adopt the principles in the STEP 21 Program. LOCAL PREROGATIVES The General Assembly is urged not to reduce traditional local authority to manage such functions as land use, zoning, conditional use permitting, franchise fees, personal property taxes, water and sewer connection fees, and especially activity associated with the telecommunications industry which could serve to reduce community revenue and aesthetics. Legislation is needed that enables local governments to enhance their tools of application in properly planning for the orderly development of land and the delivery of essential services. The General Assembly should provide the necessary authority for localities to proceed with implementing local comprehensive plans, including additional optional measures such as impact fees, proffers, transferable development rights and adequate facilities ordinances. Virginia is a low tax state, however, local taxes are comparatively high. Therefore, additional burdens should not be placed on local governments. The BPOL tax should not be adjusted or eliminated unless a revenue neutral situation regarding local government can be achieved. STATE/LOCAL RELATIONSHIPS The Hampton Roads region supports the examination of the relationship of the functions of state and local governments as part of the activities of the Commission on State and Local Responsibilities and Taxing Authority with special emphasis on education including capital costs and technology. COMPREHENSIVE SERVICES ACT The General Assembly is urged to eliminate the proration language in the state budget which, if implemented, would shift costs to local governments beginning in FY 1998. This is particularly important as the federal government devolves responsibility for welfare and other social programs to the states, and then to localities. 1997 LEGISLATIVE PACKAGE STATE FUNDING The City of Virginia Beach is extremely concerned over the future of the parmership between the City and the Commonwealth on funding of services. Although the state has taken a very bold step to reduce unfimded mandates passed down to localities, the City is still concerned over the 'trickle-downn effects of cuts at the federal level and reductions in state support to programs Carried out by the localities. Funding for education, both primary and higher, is extremely important to the City. Over one-half of the City's budget is dedicated towards educational funding for grades K-12 for which the state's financial support has been virtually level for a ntunber of years when adjusted for inflation. Also, the City is completely responsible for the millions of dollars of infrastructure improvements needed to provide classrooms and other buildings for our rapidly growing student population. In order to ameliorate the concerns stated above, the state is requested to fully fund the actual state share of the standards of quality. Those standards should reflect the actual cost of educating students in order to provide them with quality education so that they can compete in today's global environment. The City is concerned about the apparent moving away by the state from traditional responsibilities and funding in the field of Public Health, Community Services Boards, Public Library, the Comprehensive Services Act and other areas. The General Assembly is requested to provide funding for the relocation to new office space for the Virginia Beach Health Department. The city is building a new office facility for the Department of Social Services and it is necessary for the Health Department to move. Also, the General Assembly is requested to revise the needs based allocation formula for public health funding. The current formula is outdated and seriously underfunds Virginia Beach's needs. The General Assembly is requested to provide full funding for the Comprehensive Services Act. This funding should provide complete State funding for all the mandated programs and services under this act. The General Assembly is requested to fully-fund state aid to libraries and to examine the suitability of the formula now used based on the greatly escalating cost of books and library services, generally. Finally, the General Assembly is requested to fully fuud the Virginia Housing Development Authority which provides low interest home loans to state residents. 2 VIRGINIA MARINE SCIENCE MUSEUM The Virginia Marine Science Museum, through the assistance of the Commonwealth, was constructed in the late 1980's. Upon its opening, it became the most heavily visited facility of its kind in the Commonwealth and is now one of the premier educational and tourist attractions in the Commonwealth. The Science Museum, with $30 million of City funding recently opened the greatly expanded Virginia Marine Science Museum which hosts as many as 7,000 visitors per day. This facility has become even more of an asset to the Commonwealth through the expansion. The General Assembly is requested to provide $500,000 to the Virginia Marine Science Museum in FY98 as acknowledgement of the Virginia Marine Science Museum's contribution to the Commonwealth and its importance as an educational and tourism development tool. This should be in the form of an operating assistance grant as is provided to facilities such as the Chrysler Museum. POST LABOR DAY SCHOOL OPENINC The Code of Virginia currently requires Virginia school systems to open after Labor Day. Variances can be given by the Secretary of Education to allow school systems who are affected by severe weather or for other reasons. The post Labor Day school opening requirement has increased tourism with the Commonwealth and increased employment opportunity for students who work in the Commonwealth's many tourist attractions. A change in the post Labor Day school law would be detrimental to tourism on a statewide basis and would be especially harmful to the City of Virginia Beach. The General Assembly is requested to retain the requirement that schools not open until after Labor Day. The Code does allow for variances to be given to school systems who have severe weather in the winter, where the post Labor Day school opening would require the school calendar to extend further into the month of June than would otherwise be desired. This request is made because of the importance of tourism to the economy of not only Virginia Beach, but the entire Commonwealth. APPOINTMENT OF VIEWERS FOR STREET CLOSUREE Under current Virginia Code, the Council must appoint viewers for each individual street closure process. Because of the numerous street closures that come before the Council, an inordinate amount of time is spent in public hearings to appoint viewers for every application. It is desirous to amend that process so individual hearings do not have to be held for the appointment of viewers for each property to be closed. In terms of notice to adjoining property owners, what is done now is that street closures are treated just like rezonings and use permits -- in addition to the newspaper notice once per week for two (2) successive weeks, owners of adjacent properties are notified by certified mail of the Planning Commission meeting, and a sign is required to be posted at least 15 days prior to the Planning Commission meeting and to remain through the Council meeting. No sign or certified letter is used for the appointment of viewers, only the usual notice of ordinances on the Council agenda. These procedures would continue if the requested code change is approved. The General Assembly is requested to amend the Code of Virginia by adding Section 15.1-364.2 regarding Appointment of Viewers in Certain Cities. "Notwithstanding the provisions of Section 15.1-364, cities having a population in excess of 350, 000 may appoint not less than three nor more than five viewers for a term of one year to view each and every street or alley proposed to be altered or vacated during the term provided the notice requirements for each hearing regarding discontinuance of the street or alley proposed to be altered or vacated complies with Section 15.1-431 of the Code of Virginia. The applicant for closure of streets or alleys in such cities that have by ordinance appointed viewers for a one year term shall not be required to advertise and the governing body shall not be required to hold a separate hearing for appointment of viewers for each specific street or alley proposed to be altered or vacated. The applicant and governing body of such city shall comply with all other provisions of Section 15.1-364." The above language will allow the City of Virginia Beach to appoint three to five viewers per a term of one year who would be tasked with viewing each and every street or alley proposed to be altered or vacated during that period. CHESAPEAKE BAY PRESERVATION ACT ENFORCEMENT PROCES~ Since its adoption in 1991, enforcement of some provisions of the Chesapeake Bay Preservation Ordinance have proved to be difficult for the board and its staff. Despite the imposition of stop work orders and restoration, valuable natural resources have been lost due to violations of the ordinance. Accordingly, the Chesapeake Bay Preservation Board requests Council include in the package a request to enable the board and courts to impose civil damages or civil penalties for violations occurring within the Chesapeake Bay Preservation Areas. These provisions would be identical to those found in the Wetlands Act and the Coastal Primary Sand Dunes Protection Act. The intent of those civil penalties and charges will provide financial disincentives against violating the law, while at the same time providing the impetus to resolve the issues at administrative levels. The General Assembly is requested to amend the Code of Virginia, Section 10.1- 2109 to add a new section E: E. "Counties, cities and towns in Tidewater Virginia may incorporate the following penalty provisions into their zoning, subdivision or any ordinance enacted to protect the quality of state waters in the Chesapeake Bay Preservation Areas. Without limiting the remedies which may be obtained under any local ordinance enacted to protect the quality of state waters in Chesapeake Bay Preservation ,~lreas, any person who violates any provision of any such ordinance or who violates or fails, neglects, or refuses to obey any commission, board, or administrative enforcement official notice, order, rule, regulation, or variance or permit condition authorized under such ordinance shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the county, city or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation ~4reas therein, in such a manner as the court may, by order, direct, except that where the violator is the county, city or town itself or its agent, the court shall direct the penalty to be paid into the state treasury. e Without limiting the remedies which may be obtained under any local ordinance enacted to protect the quality of state waters in Chesapeake Bay Preservation Areas, and with the consent of any person who has violated any provision of any such ordinance or who has violated or failed, neglected or refused to obey any commission, board, or administrative or enforcement of~cial order, rule, regulation, or variance or permit condition authorized under such ordinance, the commission, board, or administrative or enforcement official may provide, in an order issued by the commission, board, or administrative or enforcement official against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed $10, O00 for each violation. Such civil charges shall be paid into the treasury of the county, city or town in which the violation Occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, except that where the violator is the county, city or town itself, or its agent, the civil charges shall be paid into the state treasury. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subdivision 1 of this subsection. Civil charges may be in addition to the cost of any restoration required or ordered by the commission, board, or administrative or enforcement official." The above request would make the Chesapeake Bay Preservation Act penalties identical to those available for enforcement of the Wetlands Act and the Coastal Primary Sand Dune Protection Act. 7 AESTHETICS INVOLVED WITH ROADWAY CONSTRUCTtOH Under current VDOT policy, the City is greatly restricted in the provision of aesthetic features on new highway projects. Furthermore, when portions of a property are taken as part of a highway construction project, VDOT often requires us to leave an almost inhabitable portion of property for the property owners. Because the City is attempting to construct an aesthetically pleasing transportation network, changes to these policies are necessary. Furthermore, the result of leaving an almost inhabitable parcel creates additional curb cuts and future demand for development other than residential use. The General Assembly is requested to amend the Code to require VDOT to allow reasonable portions .of the urban allocation to be used for aesthetic purposes on roadway projects. Furthermore, the General Assembly is requested to urge the Virginia Department of Transportation to allow more leeway for localities to use urban road funds when buying remainder parcels. 8 REMOVAL. REPAIR. AND SECURING OF UNSAFE BUILDING~ Currently, Section 15.1-11.2 of the Code of Virginia has onerous notice requirements including written notice being mailed Certified or Registered mail to the last known property owner of buildings that are deemed to be a public nuisance or safety hazard because of their condition. This limits the City's ability to take action to remove, repair or secure any building wall or structure for 30 days after the return of the receipt or newspaper publication. The General Assembly is requested to amend Section 15.1-11.2 of the Code of Virginia to amend paragraph 2 to add ~cept that a building rr~y be secured to protect public health or safety in accordance with the notice requirements of the Virginia Uniform Statewide Building Code, Volume II. This will allow the City to board up or otherwise secure property that is a public health or safety hazard. PROMOTION OF TOURISM THROUGH CONVENTION FACIL, ITIE$ Although Virginia has a long history of being a convention and tourism destination, competition for conventioneers' dollars is becoming more intense. Many states with whom Virginia directly competes have led efforts within their localities to construct convention facilities of a quarter-million square feet and more. It is the opinion of convention and tourism professionals in Virginia that three to four such facilities could be supported in the various regions of the state. The General Assembly is requested to study the need and possible funding mechanisms for large convention facilities located in several areas of the state. This study should take into account existing facilities, hotel accommodations, and other tourism and convention-related infrastructure such as golf courses and other amenities. 10 CONDEMNATION PROCEDURE~ Under the current State Code, the City, when condemning property, must use a process where the City chooses two commissioners, the person whose property is being condemned chooses two commissioners, and the fifth commissioner is chosen through a coin-toss. The Commonwealth Transportation Board and Fairfax County have an alternative method of picking commissioners. That method has the commissioners chosen as a jury from a jury pool selected by the court. It is thought this method would be more streamlined and equitable to all concerned. It is recommended that legislation be requested of the General Assembly to provide that the jury selection method be utilized to select commissioners in lieu of the existing commissioner system. Under a jury selection system, the commissioners are selected in the same manner as jurors in other cases. This method is currently permitted under "experimental" State legislation in the Northern Virginia Transportation District (Arlington, Fairfax, Loudon, and Prince William Counties are the cities surrounded by or contiguous to those counties), and Henrico County. This existing legislation contains a sunset clause which terminates use of the jury selection system on July 1, 1997. (See § 25-46.20:1-5, Code of Virginia). In "An Analysis of Highway Condemnation Cases Under the Provisions of Senate Bill 724: Comparisons of Jury and Commission Awards" prepared by the Virginia Transportation Research Council (VTRC). Some comments, as summarized, were: Results under the new system have generally been favorable; the old system was a "buddy system." Under the old system, commissioners had familiarity with valuation of real estate and sometimes had formulated opinions. Under the old system, commissioners were more favorably inclined to developers, and were less influenced by individual residential owners. Under the new system, there appears to be less "splitting the difference." The new system promotes more settlements and the results from trials produce fewer unfair results. 11 TAX CASE FEE~. Under current Virginia code Virginia Beach is the only jurisdiction in the Commonwealth that must pay a fee in a tax case instituted by the City Treasurer, or in cases instituted by the School Board for collection of overdue book fees. This is certainly inequitable because of Virginia Beach being the only jurisdiction having to pay this fee. The General Assembly is requested to amend the Code of Virginia by amending Section 14.1-125 of the Code to delete the sentence "except in a case instituted by any City having a population of not less than 300,000." The above would make Virginia Beach exempt from these fees as are all other jurisdictions. 12 PUBLIC SAFETY PACKAGF TRANSPORTING CONTROl [~=O SUBSTANCE-~ Currently under Section 18.2-248.01, it is unlawful to transport one ounce or more of drugs. Only those actually transporting the drugs are at risk. The request would be made to add the words, "to/~zve or cause to be transporte~' inserted into the Code which would allow the dealers to be put at risk for causing drugs to be transported. SEIZURE OF PROPERTY USED IN CONNECTION WITH OR DERIVED FROM ILLEGAL DRUG TRANSACTION~ The Virginia Code, as currently wdtten, has discrepancies with the federal law concerning property seized from illegal drug transactions. The General Assembly is requested to amend Section 18.2-249 as follows: "The following property shall be subject to lawful seizure by any officer charged with enforcing the provisions of this article: (I) all money, medical equipment, office equipment, laboratory equipment, motor vehicles and all other kinds of personal or real property of any la'nd or character, used or intended to be used in substantial connection or facilitation in or with the illegal manufacture, sale, distribution of controlled substances in violation of 18.2-248 or the sale or distribution of marijuana..." 13 - 29 - Item V-I. IO. ORDIN,4NCES/RESOL UTIONS The following registered in SUPPORT: ITEM # 4Z555 Stewart Powers, 328 Teal Crescent, Phone: 421-3173, Vice President - Sandbridge Civic League Admiral Dick Dunleavy, 2200 Sandpiper Road, Phone: 721-3644 Lou Pace, 1908 Hunts Neck Court, Phone: 428-0925, registered in OPPOSITION. Maxine C. Graham, 3057 Sandpiper Road, Phone: 721-3000 The following registered in OPPOSITION: Captain David Kelly, 2996 Sandbend, Phone: 721-2299, spoke in OPPOSITION and advised do not build on ocean side of the road. Vernon Fix, 4841 Princess Anne Road, Phone: 495-1541 George Byrd, 4534 Babbling Brook Drive, Phone: 497-4119 Douglas Simpson, 3605 Sea Horse Way, Phone: 463-3605 Upon motion by Council Lady McClanan, seconded by Council Lady Henley, City Council ADOPTED: Resolution to endorse the concept of a one-time, City-funded, Federally-sponsored Emergency Beach Nourishment project at Sandbridge; calling upon property owners to cooperate with the City Attorney in signing recreation and construction easements, enabling authorization of a Project Cooperation Agreement and project construction; and, the City Manager is directed to: Schedule for Council's consideration all actions and Public Hearings necessary and appropriate for Council's final authorization to enter into a Project Cooperation Agreement Pursue aggressively, in concert with the City's Congressional Delegation, federal funding for this project and future nourishment of Sandbridge Beach Work with the City's Delegation to the Virginia General ~4ssembly to authorize final arrangements for the use of $2.8- Million from the Pendleton property acquisition for this project. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members I~oting Nay: Nancy IC Parker Council Members Absent: None Councilman Jones DISCLOSED Pursuant to Section 2.1639.14(G), Code of Virginia, he serves on the Board of Directors of Resource Bank, and that the Bank has foreclosed on a parcel of property in the Sandbridge area, which is valued in excess of $10, O00; however, the City Attorney has advised he is able to participate in the transaction fairly, objectively, and in the public interest. Councilman Jones's letter of December 17, 1996, is hereby made a part of the record. December 17, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22. 23 24 25 26 27 28 29 3O 31 32 33 34 35 RESOLUTION ENDORSING THE CONCEPT OF A ONE-TIME, CITY FUNDED, FEDERALLY SPONSORED, EMERGENCY BEACH NOURISHMENT PROJECT AT SANDBRIDGE WHEREAS, erosion is rapidly destroying the beach in the Sandbridge area of the City of Virginia Beach ("City") and threatening homes and City infrastructure therein; WHEREAS, the City is pursuing long-term federal cost participation in a beach replenishment program for Sandbridge; WHEREAS, although Congress, in 1992, authorized federal participation in a beach nourishment program for Sandbridge, a federal appropriation for construction has not been approved; WHEREAS, an emergency exists and property owners and residents of Sandbridge have requested the City Council endorse the concept of City funded, federally sponsored, emergency beach nourishment project at Sandbridge; WHEREAS, once a project concept is endorsed, there are several subsequent actions which must be accomplished before final approval and signature of a Project Cooperation Agreement with the Army Corps of Engineers, including, but not limited to, appropriations and fund transfer ordinances, the negotiation of a Project Cooperation Agreement with the Corps of Engineers, and aggressively pursuing easement agreements from those property owners who have not yet approved easements establishing a public beach; and WHEREAS, it is important to the future of Sandbridge that the City continue its vigorous pursuit of federal funding for a long-term beach nourishment program at Sandbridge. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that: The City Council endorses the concept of a one-time, City funded, federally sponsored, emergency beach nourishment project at Sandbridge; and further recognizes and announces that there are additional specific commitments, actions and appropriations which must be approved by the City Council before it agrees to enter into 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 a Project Cooperation Agreement with the Army Corps of Engineers for the Project; BE IT FURTHER RESOLVED that: The City Manager is directed to schedule for Council's consideration all actions and hearings necessary and appropriate for Council's final approval and grant of authorization to enter into a Project Cooperation Agreement. The City Manager is directed to aggressively pursue in concert with the City's Congressional delegation, federal funding for this project and for future nourishment of Sandbridge Beach. The City Manager is directed to work with the City's delegation to the Virginia General Assembly to authorize final arrangements for the use of $2.8 million from the Pendleton property acquisition for this project. As a condition precedent to City Council's final approval to enter into a Project Cooperation Agreement, it is necessary to establish a public beach at Sandbridge and the City Council calls upon those property owners who have not yet signed recreation and construction easements to cooperate with the City Attorney in signing such easements, thereby enabling City Council authorization of a Project Cooperation Agreement and construction of the Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of December , 1996. CA-6515 ORD IN \NONCODE \ CA6515 R-4 PREPARED.' 12/11/96 APPROVED AS TO LEGAL City of Virgi~aita LOUIS R. JONES COUNCILMAN - BAYSIDE BOROUGH (804) 583-0177 1008 WITCH POINT TRAIL VIRGINIA BEACH, VIRGINIA 23455 December 17, 1996 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the City Council's discussion and vote on the replenishment of sand at Sandbridge. The nature of my personal interest is that I serve on the Board of Directors of Resource Bank, receiving income in excess of $10,000, annually, that I own approximately ten (10) percent of the Bank's stock, from which I receive annual dividends in excess of $10,000, and that the Bank has foreclosed on a parcel of property in the Sandbridge area which is valued in excess of $10,000. The City Attorney has advised me that in his opinion I am a member of a group (i.e., other persons or businesses having a personal interest in property located in the Sandbridge area) the members of which will be affected by this transaction. Mrs. Ruth Hodges Smith -2- December 17, 1996 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia I wish to disclose this interest and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in your official records. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Councilmember LRJ/clb Enclosure City of Virginia Be. ach LESLIE L. LILLEY CITY A'FrORNEY In Reply Refer To Our File No. OP-401 MUNICIPAL CENTER 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 D~em~r 3, 1996 Councilmember Louis R. Jones Municipal Center Virginia Beach, Virginia 23456 Dear Councilmember Jones: I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on the replenishment of sand at Sandbridge. SUMMARY CONCLUSION From my review of the State and local Government Conflict of Interests Act and the facts provided by you, I am of the opinion that you have a personal interest in Council's discussion and vote on the replenishment of sand at Sandbridge as a result of your personal interest in a bank which owns property located in the Sandbridge area. However, as a member of a group (i.e., other persons or businesses having a personal interest in property located in the Sandbridge area), the members of which are affected by the transaction, you may participate in Council's discussion and vote upon disclosure of your interest pursuant to Virginia Code § 2.1- 639.14(G). I base this conclusion of the following facts which you have presented. Please review, and verify the accuracy of, the facts set forth herein since you may only rely upon this opinion to the extent that the facts are complete and accurate. FACTS You advise that you serve on the Board of Directors of Resource Bank, for which you receive income in excess of $10,0130, annually. Further, you advise that you own approximately Councilmember Louis Jones -2- December 3, 1996 ten (10) percent of the Bank's stock, from which you receive annual dividends in excess of $10,000. Finally, you advise that Resource Bank has foreclosed on a parcel of property, valued in excess of $10,000, which is located in the Sandbridge area. Therefore, you have asked whether the State and Local Government Conflict of Interests Act precludes you from participating in Council's discussion and vote on the replenishment of sand at Sandbridge. ISSUE PRESENT~D Does the State and Local Government Conflict of Interests Act preclude you from participating in City Council's discussion and vote on the replenishment of sand at Sandbridge? DISCUSSION The State and Local Government Conflict of Interests Act (the "Act") is set forth in §§ 2.1-639.1 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. The Virginia Beach City Council is a "governmental agency" as defined in the Act. The critical inquiry, therefore, is whether Resource Bank's ownership of property in Sandbridge, together with your status as a director and shareholder of the Bank, causes you to have a personal interest in Council's discussion of and vote on the replenishment of sand at Sandbridge. In order for you to have a personal interest in the transaction before City Council, you must have a personal interest in Resource Bank, and the Bank must either be the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the transaction. With respect to the first issue, it is my opinion that you have a "personal interest" in Resource Bank, as that term is defined in the Act, based upon your ownership interest in the Bank's stock and the fact that you receive income from the Bank as a director which exceeds $10,000 annually. With respect to the second issue, Resource Bank is clearly not the subject of tho transaction. However, the issue of "reasonable foreseeability" remains. Replenishing sand at Sandbridge would have an effect, directly or indirectly, on properties located in Sandbridge. Therefore, I conclude that it is reasonably foreseeable that the outcome of Council's discussion and vote on this project may have an effect on the property owned by Resource Bank. Consequently, because you have a "personal interest" in the Bank, you also have a "personal interest in the transaction" within the meaning of the Act. However, pursuant to § 2.1-639.11 of the Act, an officer who has a personal interest in a transaction "Ira]ay participate in the transaction if he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and he complies with the declaration requirements of §2.1-639.14(G)." In this case, based upon your personal interest in Resource Bank, you are a member of a group (i.e., other persons or businesses having a personal interest in property located in the Sandbridge area) the members of which will be Councilmember Louis Jones -3- December 3, 1996 affected by the Sandbridge replenishment project. Therefore, you may participate in the Council's discussion and vote on the project upon disclosure of your personal interest. DISCLOSURE REOUIREMENTS Based upon the opinion that you may participate in Council's discussion and vote on the Sandbridge beach replenishment project upon disclosure of your personal interest, such disclosure must include a declaration that you are able to participate in the transaction fairly, objectively, and in the public interest. A proposed disclosure letter which complies with § 2.1- 639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five (5) years from the date of recording or receipt. The Conflict of Interests Act deals with types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in the transaction after disclosure. However, if you are concerned that participating in the transaction, even after disclosure, creates an unacceptable appearance, you may abstain from voting under § 2.1-639.14(E) provided that you first disclose your interest in the transaction. Should you decide to abstain, I have also enclosed, for your convenience, a proposed abstention letter which complies with § 2.1-639.14(E). Please contact me should you desire an additional information. Very truly yours, City Attorney LLL/PAH/sam Enclosure - 30 - Item V-I. II. ORDINANCES/RESOL UTIONS ITEM # 41556 The following registered in SUPPORT: C. Grigsby Scifres, Hampton Roads Chamber of Commerce, 4512 Virignia Beach Boulevard, Phone: 664-2575 Cyndy Bourquard, 3113 Lynn Acres, Road, Phone: 463-8398 Jim Hopla'ns, Hatnpton Roads Chamber of Commerce, 4512 Virginia Beach Boulevard, Phone: 664-2575 Mary Ann Saunders, Mayor's Disabled Committee David Clarke, Foward Hampton Roads Commander Mike Andrews, 1530 Gilbert Street, Norfolk, Phone: 322-2853, represented Rear Admiral R. T. Zimmer, Commander - Norfolk Naval Base, and read into the record a letter re support of the Navy for the Light Rail Transit. Mary Heinrichg 5016 Mosby Road, Phone: 460-0750, Co-Ordinator of SAVE and Tidewater Environmental Network. Dr. Steve Vinson, 2965 Lynnhaven Drive, Phone: 496-9065 George Wadsworth, 1533 Princess Anne Road, Chesapeake, Phone: 426-6363, President-Elect - Council of Civic Organizations. Jeffrey L. Hufton, 2926 Lake Drummond, Phone: 421-9509, President - Hampton Roads Building and Construction Trades Council/Greater Tidewater Central Labor Council Harry Lester, reiterates endorsement of Virginia Beach Vision. The following registered in OPPOSITION: John Parmele, 1316 Yawl Point, Phone: 481-1259 Vernon Fix, 4841 Princess Anne Road, Phone: 495-1541, had concerns and suggested route be between Virginia Beach and the Naval Base via the Airport and a Monorail be considered. Penny Denissen, Mobility on Wheels, 737 Monmouth Lane, Phone: 495-1945, expressed concerns re utilization and access to the handicapped. Bob Brown, 5100 Heath Glen Circle, Phone: 471-1467 Allen Gettel, 5620 Parliament Drive, Phone: 496-6645 Pa'chard Robertson, 5544 Parliament Drive, Phone: 497-4960 Faye H. Grabarslci, 1375 Calla Drive, Phone: 587-5196 Kenneth Black, 5608 Parliament Drive, Phone: 419-1288 Nongphanga Kdtbumrung, 5536 Parliament Drive, Phone: 499-6227 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000 December 17, 1996 - 31 - Item V-I. II. ORDINANCES/RESOLUTIONS ITEM # 41556 (Continued) Upon motion by Council Lady Strayhorn, seconded by Council Lady Henley, City Council ADOPTED: Resolution to affirm support for the Light Rail Major Investment Study prepared for the Norfolk-Virginia Beach Corridor; request Tidewater Transportation District Commission (TI'DC) proceed with preliminary engineering and environmental studies for the Light Rail (locally preferred) Alternative; and, establishing conditions for any related obligation and/or expenditure of City funds for such a system. Voting: 6-5 Council Members Voting Aye: Harold Heischober, William gE. Harrison, Jr., Barbara M. Henley, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa 34. Strayhorn Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, Louis 1~ Jones, Reba S. McClanan and Nancy K. Parker Council Members Absent: None December 17, 1996 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 29 3O 31 32 33 34 35 36 RESOLUTION AFFIRMING SUPPORT FOR THE LIGHT RAIL MAJOR INVESTMENT STUDY, REQUESTING PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES FOR THE LOCALLY-PREFERRED ALTERNATIVE, AND ESTABLISHING CONDITIONS FOR ANY ADDITIONAL RELATED OBLIGATION AND/OR EXPENDITURE OF CITY FUNDS WHEREAS, the Tidewater Transportation District Commission has prepared a Major Investment Study identifying light rail transit as the locally-preferred alternative for the Norfolk - Virginia Beach corridor; WHEREAS, reviewed the the Council of the City of Virginia Beach has Major Investment Study and suggested several modifications to the final report; WHEREAS, at the direction of City Council, the Tidewater Transportation District Commission has amended the Locally Preferred Alternative Report to include alignment alternatives to the Norfolk Naval Base and the Norfolk International Airport; WHEREAS, the Tidewater Transportation District Commission has adequately responded to issues raised by City Council regarding project design, construction, operation and safety; WHEREAS, the City Council of Norfolk has endorsed the amendments to the Locally Preferred Alternative Report suggested by the City Council of Virginia Beach; WHEREAS, the City Council of Virginia Beach recognizes that a decision to construct such a system will have significant long-term impacts on the citizens of the City of Virginia Beach regarding costs, land use, transportation and quality of life; WHEREAS, the Lake Gaston Water Supply Project is of critical importance to the City of Virginia Beach, Chesapeake and all of Hampton Roads for the region and the City to develop economically, and make investments in regional projects such as a light rail system; WHEREAS, the Council of the City of Virginia Beach finds that it is in the best interests of the Hampton Roads region to make 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 more definitive findings regarding the costs and benefits of a light rail system by proceeding with environmental studies for the locally preferred alternative; WHEREAS, the light rail system is a major project that would represent a fundamental change in the direction of transportation, development and fiscal policy; and WHEREAS, the environmental studies are expected to take 24 months to complete, will require no additional funding and will, in no way, obligate any jurisdiction to engage in further study, design or construction of a light rail system. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach affirms its support for the Light Rail Major Investment Study prepared for the Norfolk - Virginia Beach corridor, and requests that the Transportation District Commission proceed with preliminary engineering and environmental studies for the locally-preferred alternative, with the understanding of all interested parties that following the completion and consideration of these studies and prior to any obligation and expenditure of City funds for further study, design, land acquisition or construction of a light rail system: (1) The Lake Gaston Water Supply Project must be completed and in operation; and, (2) The citizens of Virginia Beach must express support for the desirability and means of financing of any proposed light rail system at an advisory referendum. 64 65 66 67 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of December , 19 96 · CA-6493 NONCODE\Lightrai.Res R-1 12/12/96 _ - v ,~iGNATui~,,,, DEPARTMENT APPROVED AS TO I.EGAL SUFFICIENCY AND F,L...RM ....... - 32 - Item V-I.12. CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41557 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to Charge -off uncollectible Delinquent Accounts Receivable: $493,340.97 l~otin g : 11-0 (By ConsenO Council Members Voting ,4ye: John .4. Baum, Linwood O. Branch, III, HaroM Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None December 17, 1996 AN ORDINANCE TO CHARGE-OFF DFJ.INQUENT ACCOUNTS WHEREAS, it is standard accounting procedure to allow for a charge-off of uncollectible accounts; WHEREAS, an earnest and diligent effort has been made by City departments to collect their overdue accounts; and WHEREAS, the following accounts which total $493,340.97 are deemed to be uncollectible: Public Utilities: FY 91-92 Water Usage/Sewer Maintenance Bills Invoices for Services and Inspections Mental Health Public Works: Traffic Highways and Highway Inspections Police: False Alarms Animal Control Commissioner of the Revenue Development Services TOTAL $321,343.59 3,396.48 147,163.17 12,120.21 130.00 1,507.50 1,962.00 5,470.52 247.50 $493,340.97 NOW, THEREFORE, BE rr ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $493,340.97 of delinquent accounts receivable as represented above are hereby charged-off as being uncollectible. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of December, 1996, 1996. 17 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Department of Law - 33 - Item V-I. 13. CONSENT AGENDA ORDINANCES/RESOLUTIONS ITEM # 41.$.$8 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $23,581.22 upon application of certain persons and upon Certification of the Commissioner of the Revenue. 11-0 (By Consent) Council Members Voting ,dye: John A. Baum, Linwood O. Branch, III, Harold Heischober, W~lliam V~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor W~lliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members/lbsent: None December 17, 1996 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID R E Lee & Son Inc P. O. Box 7226 1994-96 Audit 9,920.23 9,920.23 Charlottesville, VA 22906 Shoneys Inc 557 Denbigh Blvd Newport News, VA 23602 Shop N Cart Ltd 900 Cedarwood Trace Chesapeake, VA 23320 Yi, Joo Mi 1036 Austin Drive Chesapeake, VA 23320 1995 Aud it 860,20 860.20 1995 Audit 13.45 13.45 1994-96 Audit 49.69 49.69 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $10,843.57 of the City of Virginia Beach on the 17 Certified as to Payment: ~'_...---Robert P. Vaughan~" Commissioner of the Revenue Approved as to form: ~li~'L. Lille~" --- / ~ City Attorney '--"- ' were approved by the Council day of December ,19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID 1994-96 Audit 30.95 30.95 Mai, Paul Long 101 Runaway Bay Dr 109 Virginia Beach, VA 23452 Martin Marietta Services Inc 2500 Alameda Ave S-214 Norfolk, VA 23513 New Covenant Inc 911 First Colonial Road Virginia Beach, VA 23454 Owls Creek Golf Center Inc 411 S Birdneck Road Virginia Beach, VA 23451 1996 Audit 1,723.56 1,723.56 19cJ3-95 Audit 146.45 146.45 1995 Audit 191.54 191.54 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,092,50 of the City of Virginia Beach on the 17 Certified as to Payment: ~.~..~'~bert P. Vau~han.,~ Commissioner of the Revenue Approved as to form: ~-,ds~-L. Lily ~ City Attorney -'~ were approved by the Council day of December ,19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID C Corporation CO Virginia 1016 Ditchley Road Virginia Beach, VA 23451 Creative Discoveries Inc 4616 Mistral Lane Virginia Beach, VA 23456 Croshaw Beale Hauser & Lewis PC 1201 E Bayshore Drive Virginia Beach, VA 23451 Engles, Charles F Jr 5128 Fallsmead Downs Virginia Beach, VA 23464 1993-95 Audit 30.00 1993-95 Audit 114.00 1995 Audit 8,279.59 1995-96 Audit 19.95 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $8,443.54 were 17th of the City of Virginia Beach on the day 30.00 114.00 8,279.59 19.95 Certified as to Payment: ~-:-'l~obert P Vaughan · Commissioner of the Revenue Approved as to form: ~_-~,,e L. Li,l~ - - ~ City Attorney approved by the Council of December ,19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID 1995 Audit 30.00 30.00 Ashley Associates 737 Forest Mills Road Chesapeake, VA 23320 Atlantic Medical Business Assoc Inc 4636 Revere Drive Virginia Beach, VA 23456 B & D Electric Supply Inc 4173 Ewell Road Virginia Beach, VA 23455 Bui Lan Thi & Tran Phien Huu 1228 Hull Street Chesapeake, VA 23324 1995 Audit 38.40 38.40 1995 Audit 432.95 432.95 1996 Audit 20.88 20.88 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $522.23 of the City of Virginia Beach on the 17 Certified as to Payment: obert P. Vaughar~,/ Commissioner of the Revenue Approved as to form: ~l~ L. Lill~' -- ~.~ Oity Attorney were approved by the day of December Council ,19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID 1994-96 Audit 12.00 12.00 Allen, Lorenzo 814 E 26th Street Norfolk, VA 23504 Allison, Gary B. 4701 Columbus St S-300 Virginia Beach, VA 23462 Cohen Construction Co, Inc 1277 Belvoir Lane Virginia Beach, VA 23464 Dawson, Sherry A 1829 Finsbury Lane Virginia Beach, VA 23454 1995 Audit 609.55 609.55 1995 Aud it 270.23 270.23 1996 Audit 23.12 23.12 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $914.90 of the City of Virginia Beach on the 17 Certified as to Payment: Commissioner of the Revenue Approved as to form: City Attorney were approved by the day of December Council ,19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID 1994-95 Audit 406.86 406.86 Desserts, Inc P. O. Box 8790 Virginia Beach, VA 23450 Natasha, Ltd 3101 Virgina Beach Blvd 103 Virginia Beach, VA 23452 Otty, Timothy J 1833 Haviland Drive Virginia Beach, VA 23454 Pulliam, William Jr. & Daneale 5625 East Worcester Drive Virginia Beach, VA 234554642 1994-95 Audit 42.82 42.82 1995 Audit 144.16 144.16 1995-96 Audit 42.00 42.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $635.84 of the City of Virginia Beach on the 17 Certified as to Payment: Commissioner of the Revenue Approved as to form: were approved by the day of Decembez' Council ,19 96 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INTEREST TOTAL YEAR PAID · 195-96 Audit 110.85 110.85 Yu, Hseuh 313 Reflection Dr A-101 Virginia Beach, VA 23452 Wasserman, Burr G 917 C Pacific Ave Virginia Beach, VA 23451 1995 Audit 17.79 17.79 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $128.64 were 17 of the City of Virginia Beach on the day Certified as to Payment: Commissioner of the Revenue Approved as to form: approved by the of Deember Council ,19 96 Ruth Hodges Smith City Clerk - 34 - Item V-I. 14. ORDINANCES/RESOL UTIONS ITEM # 41559 ADD-ON The Mayor invited Vice Mayor Sessoms to PRESIDE over the City Council Session during the vote on this Resolution. Upon motion by Councilman Branch, seconded by Councilman Jones, City Council AGREED TO ADD TO THE AGENDA: Resolution to support the development of an adequate supply of safe and affordable domestic water, equally accessible to all citizens of the Region, as the primary required goal of the City; and, calling upon all local governments and organizations of the Region to join with Virginia Beach in achieving this goal. (Sponsored by Mayor Meyera E. Oberndorf) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 - 35 - Item V-I.15. ORDINANCES/RESOLUTIONS ITEM # 41560 ADD-ON Upon motion by Mayor Oberndoff, seconded by Councilman Jones, City Council ADOPTED: Resolution to support the development of an adequate supply of safe and affordable domestic water, equally accessible to all citizens of the Region, as the primary required goal of the City; ana~ calling upon all local governments and organizations oft he Region to join with lftrginia Beach in achieving this goal. (Sponsored by Mayor Meyera E. Oberndor]) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, 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: None December 17, 1996 REQUESTED "BY MAYOR MEYERA E. OBERNDORF 1 2 3 4 5 6 7 A RESOLUTION SUPPORTING THE DEVELOPMENT OF AN ADEQUATE SUPPLY OF SAFE AND AFFORDABLE DOMESTIC WATER WHICH IS EQUALLY ACCESSIBLE TO ALL CITIZENS OF THE REGION AS THE PRIMARY REGIONAL GOAL OF THE CITY OF VIRGINIA BEACH AND CALLING UPON ALL LOCAL GOVERNMENTS OF THE REGION AND ALL REGIONAL ORGANIZATIONS TO JOIN WITH THE CITY IN ACHIEVING THIS GOAL 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, safe drinking water is one of the most basic necessities of life, such that the availability of an adequate supply of safe and affordable domestic water is a necessary component of economic vitality; and WHEREAS, a critical water supply deficit exists in the Hampton Roads region and is the major impediment to the continued economic well-being of the region; and WHEREAS, since February 1992, the citizens and businesses of the City of Virginia Beach, the largest city in Hampton Roads and the Commonwealth of Virginia, have been subject to a water supply emergency which has necessitated the adoption of an ordinance severely restricting their access to public water supplies and prohibiting the extension of the public water supply system to new homes and businesses; and WHEREAS, these restrictions have been imposed by reason of the safe yield deficit in the Norfolk water supply system, Virginia Beach's only viable supply of domestic water; and WHEREAS, other localities within the region have experienced shortages of domestic water, the cost and affordability of which has become a fundamental issue and a source of controversy among localities in the region; and WHEREAS, for many years, Virginia Beach and Chesapeake have been pursuing the Lake Gaston Water Supply Project as an additional supply of water to meet the needs of their citizens and businesses and the citizens and businesses of the Hampton Roads region, and have encountered vigorous and protracted opposition, notwithstanding the fact that every federal and Virginia agency and every court which has studied the potential impacts of the Project 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O since its conception have determined it to be the best source of water for South Hampton Roads; and WHEREAS, there have been numerous expressions of enthusiasm and support for the concept of regionalism, a concept founded on the cooperation of the various independent cities and counties of the region to achieve a common good and the advancement of regional objectives and projects as a means of benefitting all cities and counties within the region; and WHEREAS, the extent of such enthusiasm and support has manifested itself in the establishment of many regional organizations supporting the concept of regional cooperation; and WHEREAS, there can be no greater duty or priority of government then to provide life's basic necessities to its citizens; and WHEREAS, the Council of the City of Virginia Beach believes that development of an adequate, accessible, and affordable water supply is the threshold to, and a vital component of, cooperation among the cities and a key to maintaining and improving the economic vitality and livability of the region; NOW, THEREFORE, BE, IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the most important objective of the City of Virginia Beach is the development of an adequate and affordable supply of domestic water which serves, and is equally accessible to, all citizens of the region; BE IT FURTHER RESOLVED: That the Council of the City of Virginia Beach calls upon the Commonwealth of Virginia, all local governments in the Hampton Roads region and all Hampton Roads regional organizations to: (1) Join with Virginia Beach in formally establishing this objective as the primary goal for the Hampton Roads region; and (2) Seek to accomplish this goal with the same enthusiasm and zeal afforded other regional initiatives; and (3) Take no actions contrary to, or inconsistent with, the accomplishment of this objective; 2 71 72 73 74 75 76 77 78 79 8O 81 82 BE IT FURTHER RESOLVED THAT: The Council of the City of Virginia Beach will measure all regional projects in relation to the advancement of its primary goal and duty of developing an adequate and affordable supply of domestic water which serves, and is equally accessible to, all citizens of the region; and The City Clerk is directed to mail a copy of this Resolution to the Governor of the State of Virginia, the mayor or chair of the board of supervisors of each local government in Hampton Roads, all State senators and delegates representing Hampton Roads localities, and the chairs of all regional bodies and organizations formed for the purpose of advancing the concept of regionalism. 83 84 Adopted by the Council of the City of Virginia Virginia, on the 17 day of December , 1996. Beach, 85 86 87 88 CA-6520 ORDIN\NONCODE \WATER. RES R-3 DECEMBER 13, 1996 3 Item V-J. PUBLIC HEARING ITEM # 41561 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. SANFORD M. AND LAUREL E. ROSENBERG STREET CLOSURE 2. BPP DEVELOPERS, INC., ,4 VIRGINIA CORPORATION STREET CLOSURE 3. RON,4LD IF. AND JUDITH N. BOONE STREET CLOSURE 4. JAMES M. GRUSZECZKA CONVERSION OF ,4 NON-CONFORMING USE 5. D,4NIEL J. PERRELLA 6. STANTLEY JONES ENLARGEMENT OF ,4 NON-CONFORMING USE VARIANCE 7. RICHARD SPRUILL CONDITIONAL USE PERMIT 8. OVERHOLT TRUST 9. BREEDEN INVESTMENT PROPERTIES 10. LITCHFIELD MANOR, INC. CONDITIONAL CH,4NGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING MODIFIC,4TION OF PROFFERS (140 Associates, L.P. application (9/12/83) CONDITIONAL CHANGE OF ZONING 11. CITY OF VIRGINIA BEACH CITY ZONING ORDINANCE ,4MENDMENT Section 201(e)/fences and walls December 17, 1996 - 37 - Item l~-J.l. PUBLIC HEARING ITEM # 41562 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5, ~ ~ 9, and 11 of the PLANNING BY CONSENT Items. Item 2 was DEFERRED FOR AN ADDITIONAL 180 days BY CONSENT until the City Council Session of June 17, 1997. Item 4 was APPROVED BY CONSENT with Revised Conditions. Item 5 was DEFERRED BY CONSENT until the City Council Session of January 14, 199Z Item 8 was DEFERRED INDEFINITELY BY CONSENT (applicant shall pay the fees for re- advertising) Voting: 8-0 Council Members Voting Aye: John ~4. Baum, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn Councilman Harrison ABSTAINED on Item 9 (BREEDEN INVESTMENT PROPERTIES), as his law firm represents Breeden Companies. December 17, 1996 - 38 - Item V-J.I. PUBLIC HEARING ITEM # 41563 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council AUTHORIZED FINAL APPROVAL of the Ordinance upon application of SANFORD M. and LAUREL E. ROSENBERG for the discontinuance, closure and abandonment of a portion of a 15-foot alley. Ordinance of Sanford M. and & Laurel E. Rosenberg for the discontinuance, closure and abandonment of a portion of a 15 foot alley located adjacent to Lots 6 and 18, Block 20, Croatan Beach. Said parcel contains 750 square feet. LYNNHAVEN BOROUGH. Voting: 8-0 (By ConsenO Council Members Voting ,,lye: John ,4. Baum, William W.. Harrison, Jr., Barbara M. Henley, Louis I~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn December 17, 1996 CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION SANFORD M. ROSENBERG, et ux. LAUREL E. ROSENBERG, et vir. AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF A 15' ALLEY IN LYNNHAVEN BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicants, SANFORD M. ROSENBERG and LAUREL E. ROSENBERG, to be presented to the CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the 9th day of April, 1996, for the vacation of a portion of the hereinafter described alley in the City of Virginia Beach, Virginia, was on the 1st day of March, 1996, and on the 11th day of March, 1996, duly published twice, with six days elapsing between the two publications, in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, § 15.1-364, for the institution of proceedings for the vacation of a portion of the alley in Croatan Beach; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the 9th day of April, 1996, and in conformity with the manner prescribed by Code of Virginia, § 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the 9th day of April, 1996, appointed Robert J. Scott , David M. Grochmal and Ralph A, Smit;~l , as viewers to view such street and report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and GPIN NO. 2426-38-9809 WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the portion of the alley proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, § 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said alley, and that the portion of said alley should be vacated and discontinued; and NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Virginia Beach, Virginia, 1. That the following portion of an alley in Croatan Beach, in the Borough of Lynnhaven, in the City of Virginia Beach, Virginia, be, and the same is hereby, vacated and discontinued: ALL that certain piece or parcel of land, situate, lying and being in Lynnhaven Borough, in the City of Virginia Beach, State of Virginia, being that portion of a 15' alley containing 750 sq. ft. and shown as "Property Lines and 15' Alley Hereby Vacated" on that certain survey entitled "Resubdivision of Property, Lots 6, 18, and Closure of a Portion of 15' Alley, Block 20, Croatan Beach, M.B. 24, P. 37, Lynnhaven Borough, Virginia Beach, Virginia," dated August 8, 1996, which plat is attached hereto and made a part hereof and is to be recorded simultaneously herewith, reference to which is hereby made for a more particular description of said property. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the names of Sanford M. Rosenberg and Laurel E. Rosenberg, as grantees, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicants. 3. This ordinance shall be effective on the date of its passage. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day of December , 1996 .: FINAL APPROVAL: December 17, 1996 17 TESTE: RUTH HODGES SMITH, CITY CLERK APPROVED LEGAL ~ ~r--c~¢'-,...~; 'l By: ~ City Clerk MalaM8 Not to Sml~ ZONING HISTORY ! I i PC Agenda, May 8, 1996 - Page 161 LAUREL E. ROSENBERG 11-94 SANFORD M. ROSENBERG, MD 2407 LAKE LOREINE LN. RICHMOND, VA 23233 2500 68-1/510 1154 qP. RO,' ESO0 - 39 - Item V-J.2. PUBLIC HEARING ITEM it 41564 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council AUTHORIZED AN ADDITIONAL 180-DEFERRAL until the City Council Session of June 17, 1997, ~4pplication of BPP DEVELOPERS, INC., a Virginia Corporation for the discontinuance, cloo'ure and abandonment of Lynnhaven Drive: Petition of BPP Developers, Inc., a Virginia Corporation for the discontinuance, closure and abandonment of Lynnhaven Drive beginning at a point 151.6 feet east of Vista Drive and running in an easterly direction a distance of 115 feet. Said parcel is variable in width and contains 3239 square feet. LYNNHAVEN BOROUGH. 8-0 (By Consent) Council Members Voting Aye: John A. Baurn, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members .4bsent: Linwood O. Branch, III, Harold Heischober and Louisa 34. Strayhorn December 17, 1996 Item V-J.3. PUBLIC HEARING ITEM # 41565 PLANNING Letter from Attorney Winston G. Snider, requesting DEFERRAL until the City Council Session of January J 7, 1997, is hereby made a part of the record. William G. Hook, 3660 East Stratford Ro~, Phone: 464-2908, President - Ocean Park Civic League, wtzr in OPPOSITION to the DEFERRAL and requested the application be DENIED. Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council DENIED the Petition of RON.4LD W. and JUDITH N. BOONE for the discontinuance~ closure and abandonmen~ of a portion of Short Drive (formerly Lynnhaven Boulevard): Application of RonaM YE. & Judith N. Boone for the discontinuance, closure and abandonment of a portion of Shore Drive (formerly Lynnhaven Boulevard) located on the north side of Shore Drive and extending from the eastern boundary of Rockbridge Road to the western boundary of Dinwiddie Road. Said parcel is variable in width and contains ~319 square .feet. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Bantu, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I(. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Brancl~ III and Louisa M. Strayhorn December 17, 1996 - 41 - Item l~-J.4. PUBLIC HEARING ITEM # 41566 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED the lle~olution upon Application of JAMES M. GRUSZECZK4 for the conversion of a nonconforming use in the R-SS District by converting a one-story cottage to a two-story garage apartment at 408 27th Street, on a 7,000 square foot lot (VIRGINIA BEACH BOROUGH): Resolution authorizing the conversion ora nonconforming use on property located at 408 27th Street, in the Borough of Virginia Beach. The following conditions shah be required: 6. 7. That the proposed garage apartment conform to the site plan and rendering which has been submitted by the applicant, exhibited to the City Council on the date of adoption of this Resolution, and is on file with the Planning Department. That the garage apartment and the principal structure on the lot be improved with the shake siding material exhibited to the City Council on the date of adoption of this Resolution and on file with the Planning Department. That the applicant obtain any variances determined by the Zoning Administrator to be required under applicable provisions of the City Zoning Ordinance. That no more than two (2) residential dwelling units be permitted upon the property. That in the event the garage (ground floor) portion of the garage apartment is converted into a dwelling unit or is used for such purposes, or for any other purpose which would prevent its use for parking, the entire structure shah lose its lawful nonconforming status. That any areas to be paved consist of concrete. That prior to the issuance of a building permit for the proposed conversion, the applicant cause to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach a deed restriction or similar legal instrumeng in form and substance approved by the City ~4ttorney, containing the conditions set forth in the Resolution. December 17, 1996 Item V-J.4. PUBLIC IfEARING ITEM # 41566 (Continued) PLANNING BY CONSENT Voting: 8-0 (By ConsenO Council Members Voting ~lye: John/l. Baum, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members/lbsent: Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn December 17, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A RESOLUTION AUTHORIZING THE CONVERSION OF A NONCONFORMING USE ON PROPERTY LOCATED AT 408 27th STREET, IN THE BOROUGH OF VIRGINIA BEACH WHEREAS, James M. Gruszeckza (hereinafter the "Applicant") has made application to the City Council for authorization to convert a one-story cottage situated on a certain lot or parcel of land having the address of 408 27th Street, in the R-SS Residential Single-Family District, to a two-story garage apartment; and WHEREAS, such lot contains both the subject cottage, which constitutes a single-family dwelling under the definition thereof set forth in the City Zoning Ordinance, and a principal single-family dwelling; and WHEREAS, the existing cottage is a nonconforming use, in that the City Zoning Ordinance allows only one single-family dwelling to be on a residential lot; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the conversion of the cottage to a garage apartment would be unlawful in the absence of a resolution of the City Council authorizing such conversion upon a finding that the proposed use, as converted, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed garage apartment, as converted, will be equally appropriate to the R-5S Residential Single-Family District as is the existing establishment. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed conversion of the subject cottage to a garage apartment, as proposed by the Applicant, be, and hereby is, authorized, upon the following conditions: 1. That the proposed garage apartment conform to the site plan and rendering which has been submitted by the Applicant, 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 exhibited to the City Council on the date of adoption of this Resolution, and is on file with the Planning Department; 2. That the garage apartment and the principal structure on the lot be improved with the shake siding material exhibited to the City Council on the date of adoption of this Resolution and on file with the Planning Department; 3. That the Applicant obtain any variances determined by the Zoning Administrator to be required under applicable provisions of the City Zoning Ordinance; 4. That no more than two (2) residential dwelling units be permitted upon the property; 5. That in the event the garage (ground floor) portion of the garage apartment is converted into a dwelling unit or is used for such purposes, or is used for any other purpose which would prevent its use for parking, the entire structure shall lose its lawful nonconforming status; 6. That any areas to be paved consist of concrete; and 7. That prior to the issuance of a building permit for the proposed conversion, the Applicant cause to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach a deed restriction or similar legal instrument, in form and substance approved by the City Attorney, containing the conditions set forth in this Resolution. 59 60 the ~ Adopted by the Council of the city of Virginia Beach on day of December, 1996. 61 62 63 64 CA-96-6503 wmordres \ grus z eckz a. res R-2 December 16, 1996 APPROVED AS TO CONTENT D~r~e~t ~f Law ' Item V-J.5. PUBLIC HEARING ITEM # 41567 PLANNING BY CONSENT Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council DEFERRED TO 14 JANUARY 1997 CITY COUNCIL SESSION Resolution upon application of DANIEL J. PERRELLA for an enlargetn~nt of a nonconforming use in the A-12 District by adding 1,064 square feet of living area and a 228 square foot porch at 313 33rd Street on a 7,000 square-foot lot (VIRGINI~ BEACH BOROUGH): Resolution authorizing the enlargement of a nonconforming structure on property located at 313 33rd Street, in the Borough of Virginia Beach. 8-0 (By Consent) Council Members Voting Aye: John A. Baum, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members I/'oting Nay: None Council Members Absent: Linwood O. Branch, III, HaroM Heischober and Louisa M. Strayhorn December 17, 1996 Item V-J. 6. PUBLIC HEARING ITEM # 4156# PLANNING BY CONSENT Upon motion by Vice Mayor Sessom~, seconded by Councilman Jones, City Council APPROVED, BY CONSENT, the ~.pplication of STANTLEY JONES for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance at 768 Sandbridge Road: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Stantley Jones. Property is located at 768 Sundbridge Road. PRINCESS ANNE BOROUGH. the following conditions shah be required: 1. Proposed parcels `4-1 and ,4-2 shall share a common ingress/egress onto Sundbridge Road. 2. ~4 final subdivision plat shall not be recorded until a Land Management Plan is reviewed and approved by the Development Services Center. Development shall comply with all City, State and Federal regulations including, but not limited to, the City Zoning Ordinance, Subdivision Ordinance, Southern Watersheds Management Ordinance and Floodplain Regulations. l/otin g : 8-0 (By ConsenO Council Members Voting ,4ye: John ,4. Baum, William gE. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn December 17, 1996 Ittm V-J.Z PUBLIC HEARING ITEM # 41569 PLANNING The following expressed concerns re WITHDRAWAL: Debbie Darwin, 2520 Hazen Road, Phone: 340-7633, represented the Pinewood Garden Civic League Mark Hecht, 2632 Southern Boulevard Letter from the applicant, Richard Spruil~ dated November 27, 1996, requesting WITHDRAWAL, is hereby made a part of the record. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ,4LLOWED WITHDRAWAL of the Ordinance upon application of RICHARD SPRUILL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD SPRUILL FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION Ordinance upon application of Richard Spruill for a Conditional Use Permit for an automobile service station on certain property located at the northeast intersection of Lynnhaven Parkway and Southern Boulevard Said parcel contains 41,338 square feet. LYNNHAVEN BOROUGH. 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 ~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, Ill and Louisa M. Strayhorn December 17, 1996 Item V-J.& PUBLIC HEARING ITEM # 41570 PLANNING BY CONSENT Correspondence from Attorney John W. Richardson of December 11, 1996, requesting INDEFINITE DEFERRAL is hereby made a part of the record. Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council DEFERRED INDEFINITELY, BY CONSENT, the ,4pplications re OVERtIOLT TRUST: AND, ORDIN`4~VCE UPON APPLICATION OF JOSEPH OVERHOLT, TRUSTEE OFERHOLT TRUST FOR `4 CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-lO TO B-2 Ordinance upon application of Joseph Overholt, Trustee Overholt Trust for a Conditional Change of Zoning District Classification from R-10 Residential District to Conditional B-2 Community Business District on certain property located at the southwest corner of Lynnhaven Parkway and Salem Road. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban medium residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel contains 15 acres. KEMPSVILLE BOROUGH ORDINANCE UPON `4PPLICATION OF WILLL4M J. & MILLIE J. OVERttOLT IRREVOCABLE TRUST FOR ,4 CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES AND AN.4 UTOM OB ILE SERVICE ST,4 TION Ordinance upon application of William J. & Millie J. Overholt Irrevocable Trust for a Conditional Use Permit for mini-warehouses and an automobile service station on certain property located at the southwest corner of Lynnhaven Parkway and Salem Road. Said parcel contains 13. 78 acres. KEMPSVILLE BOROUGH. The applicant shall pay all costs of readvertising. Voting: 8-0 (By Consent) Council Members Voting ~lye: John `4. Baum, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members ,4bsent: Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn December 17, 1996 - 47 - Item F-J.~. PUBLIC HEARING ITEM tt 41571 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of BREEDEN INVESTMENT PROPERTIES for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF BREEDEN INVESTMENT PROPERTIES FORA CONDITIONAL CHA~GE OF ZONING DISTRICT CLASSIFICATION FROM B-3 TO P-1 Z012961058 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 Ordinance upon application of Breeden Investment Properties for a Conditional Change of Zoning District Classification from B-3 Central Business District to P-1 Preservation District on certain property located 400 feet more or less north of Southern Boulevard beginning at a point 430 feet more or less west of North Palm Avenue. The proposed zoning classification change to P-1 is for open space preservation. The Comprehensive Plan recommends use of this parcel for urban activity center use in accordance with other Plan policies. Said parcel contains 2.06 acres. BAYSIDE BOROUGH. MODIFIED THE PROFFERS placed on the 12 September 1983, approved application of 140 ASSOCIATES, L.P. for a ~ Change o_f Zoning from B-3 Central Business District to ~ 4 Resort Commercial District (to increase the density from 140 to 156 units) on the South side of Virginia Beach Boulevard, approximately 610 feet East of Beasley Drive. The following condition shall be required: 1. An Agreement encompassing the modified proffers shall be recorded with the Clerk of Circuit Court. This Or&'nance ~hall be effective in accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of December. Nineteen Hundred and Nine~_ -Si.r, - December 17, 1996 Item V-J.9. PUBLIC HEARING ITEM # 41571 (Continued) PLANNING BY CONSENT 7-0 (By ConsenO Council Members Voting Aye: John A. Baum, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: William gE. Harrison, Jr. Council Members Absent: Linwood O. Branch, III, Harold Heischober and Louisa lC. Strayhorn Councilman Harrison ABSTAINED as his law firm represents Breeden Companies. December 17, 1996 Item V-~.IO. PUBLIC HEARING ITEM # 41572 PLANNING Upon motion by Council Lady McClanan, seconded by Councilman Baum, City Council DEFERRED INDEFINITELY, until other related applications are scheduled, the Application of LITCHFIELD M. dNOR, INC. for a Conditional Change o_f Zoning District Classt?catio~: ORDINANCE UPON/,~PPLICATION OF LITCHFIELD MANOR, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 Ordinance upon application of LitchfieM Manor, Inc. for a Conditional Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R- 7.5 Residential District on certain property located on the east side of Holland Road beginning at a point 630 feet more or less south of Proposed Ferrell Parkway. The proposed zoning classification change to R-78.5 is for single family residential land use on lots not less than 7,500 square feet. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other plan policies. Said parcel contains 16.012 acres. PRINCESS ANNE BOROUGH. This application shall be considered with the two future similar applications on Holland Road. Council Lady McClanan advised she wished the School Board Policy addressed relative Holland Road and the School Board's walking policy. The School Board's policy states that every student will walk, if located, within 1.5-miles of their particular School. Voting: 10-0 Council Members Voting Aye: John A. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III December 17, 1996 Item V-J.11. PUBLIC HEARING ITEM # 41573 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Application of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN Section 201(e) of the City Zoning Orch'nance re requirements for fences and walls. Ordinance establishing alternative locations, structural and landscaping requirements for fences. Section Amended: City Zoning Ordinance Section 201. F'oting : 8-0 (By ConsenO Council Members Voting ~lye: John .4. Baum, William gE. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba ~ McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members ~lbsent: Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn December 17, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE ESTABLISHING LOCATIONAL, STRUCTURAL AND REQUIREMENTS FOR FENCES ALTERNATIVE LANDSCAPING SECTION AMENDED: CITY ZONING ORDINANCE § 201 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 201 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 201 Yards. (e) Requirements for Fences and Walls (1) Fences and walls shall not exceed a height of eight (8) feet. Walls and fences may project into or enclose any part of any yard; provided, however, that any fence or wall which projects into or encloses a required front or side yard adjacent to a street shall not exceed a height of four (4) feet except in the case of a through lot when a required front yard setback is clearly and physically the rear of the dwelling, an eight-foot fence will be allowed, and provided further that no fence or wall may be erected closer than five (5) feet to any right-of-way line, and where it is closer than ten (10) feet to any right-of-way line, it shall have installed between it and the right-of-way line Category I landscaping. (la) Fences constructed of materials generally recognized on an industry-wide basis as maintenance-free, such as vinyl, may be located on a right-of-way line, provided that (i) Category I landscaping shall be installed immediately inside the entire length of any such fence; (ii) the height of any such fence shall not exceed the limits set forth in subsection (e) (1) above; and (iii) any such fence shall be no greater than fifty per cent ¢50%~ opaque. (2) Barbed wire and electrified fences are prohibited in all residential and apartment districts or within fifteen (15) feet thereof. Chain link fences shall be permitted, 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 provided that Category I landscaping shall be installed between the entire length of any such fence and the public right-of-way. (3) Fences shall be prohibited along that portion of a parking area of one (1) or more parking spaces which is adjacent to a street, unless required by other sections of this ordinance or a conditional use permit; except this shall not pertain to a decorative fence (excluding wire woven fence) with at least seventy-five (75) percent unobstructed light penetration which meets all applicable height limits for fences. (4) All required fences and walls shall be erected and maintained in accordance with the standards and specifications set forth in the Virginia Beach Landscaping, Screening and Buffering Specifications and Standards. (5) All fences and walls, or portions thereof, which are located within thirty (30) feet of, and are substantially parallel to, any public right-of-way shall comply with the standards pertaining to fences and walls set forth in the Virginia Beach Landscaping, Screening and Buffering Specifications and Standards. Any such fence or wall located on a through lot shall also have a gate through which ingress and egress is provided. (6) No nonconforming fence or wall located within thirty (30) feet of, and substantially parallel to, any public right- of-way shall be enlarged, extended, relocated or reconstructed, nor shall more than fifty (50) percent of any nonconforming fence or wall be replaced within any two-year period, unless such fence or wall is brought into conformity with the provisions of this section. As used herein, the term ~'nonconforming fence or wall'' shall mean any fence or wall which was lawfully constructed prior to the adoption of this section and which fails to conform to any of the requirements of this 73 74 75 76 77 78 79 8O 81 (7) section. These provisions shall apply notwithstanding that the replacement, reconstruction or relocation of a fence or wall, or portion thereof, is made necessary or otherwise occasioned by reason of condemnation or involuntary destruction or deterioration of, or damage to, such fence or wall or portion thereof. The provisions of this section shall not apply to fences or walls used principally for agricultural or horticultural purposes. 82 83 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th day of December, 1996. 84 CA-96-6445 - 51 - Item V-K.I APPOINTMENTS ITEM # 41574 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: CHESAPEAKE BAY ASAP POLICY BOARD Robert K. Dean 3 Year Term 07-01-96 - 06-30-99 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 - 52 - Item I~-K.2 APPOINTMENTS ITEM # 41575 Upon NOMINATION by Vice Mayor Sessoms, City Council: CHESAPEAKE BAY PRESERVATION AREA BOARD APPOINTED: Richard Welton AND, REAPPOINTED: Robert H. DeFord, Jr. Charles L. Hightower James L. Kitchin, Jr. Three-Year Terms 1/01/97 - 12/31/99 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, W~lliam gE. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I(. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 Item W-K.$ APPOINTMENTS ITEM # 41576 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: RESORT AREA ADVISORY COMMISSION (RA/IC) C. Max Bartholomew, Jr. Chamber of Commerce representative (No Term) AND, REAPPOINTED: Timothy E. Barrow Molly P. Brown C. Cheyney Cole, Jr. David R. Hager Robert M. Tata, Jr. Three-Year Terms 1/01/97 - 12/$1/99 Voting: 11-0 Council Members ~'oting Aye: John A. Baum, Linwood O. Brancl~ III, Harold Heischober, NSlliam W. Harrison, Jr., Barbara M. Henley. Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 17, 1996 Ittm V-IL4 APPOINTMENTS ITEM # 41577 BY CONSENSUS, City.Council RESCHEDULED the following APPOINTMENT: FRANCIS LAND HOUSE BOARD OF GOVERNORS December 17, 1996 Item ~'-K.6. APPOINTMENTS ITEM # 41578 BY CONSENSUS, City Council RECORDED CIRCUIT COURT APPOINTMENT: BOARD OF ZONING APPF_,,4LS Floyd E. WaterfieM, Jr. 01/01/97 - 12/31/2001 December 17, 1996 - 56 - Item V-L.I. UNFINISHED BUSINESS ITEM # 41579 Mayor Obemdorf announced Council Lady Strayhorn was a recipient of awards for the "Best Treasurer" and "Best Program" for the Annual National League of Cities/LEO Conference. Council Lady Strayhorn will receive the NAACP PRESIDENT'S AWARD for Community Services on January 11, 199Z December 17, 1996 - 57 - Item I~-N. ADJOURNMENT ITEM # 41580 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 17, 1996