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JANUARY 9, 2001 MINUTES
Ci CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, 1II, Beach -Dtstrtct 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7 LOUIS R JONES, Baystde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO. JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk of Vir inia l each "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@cttv vtrgtnta-beach va us CITY MANAGER'S BRIEFINGS January 09, 2001 - Conference Room - 9:30 AM A B C VOLUNTEER COUNCIL - Annual Report [30 min.] Mary Russo, Volunteer Coordinator STORM WATER NEEDS AND STRATEGY - Neighborhoods and Network E Dean Block, D~rector, Department of Pubhc Works VIRGINIA BEACH BOULEVARD CORRIDOR [15 min.] Robert J. Scott, Director, Department of Planning [60 min.] II REVIEW OF AGENDA ITEMS III CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room- 12:NOON A CALL TO ORDER - Mayor Meyera E Oberndorf B ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION Citizens may register to address City Council for a limited time on any item on the Formal Council Agenda. Speakers may register immediately prior to the meeting or, in advance, by calling the City Clerk's Office at 42 7-4303 V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER - Mayor Meyera E Obemdorf B INVOCATION: Reverend Llnwood Peterson Bayslde Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F. MINUTES 1 INFORMAL & FORMAL SESSIONS January 2, 2001 G AGENDA FOR FORMAL SESSION The Consent Agenda wdl be detertmned durmg the Agenda Review Session and constdered tn the or&nary course of business by Ctty Councd to be enacted by one motion. H MAYOR'S PRESENTATION o Carl Brashear - First African American Diver and First Amputee Diver in the United States Navy I. PUBLIC HEARINGS 1 TAX EXEMPTIONS Carolanne Farm Swim Club, Inc Coastal Conservation Association CAMG-A, CAMG-B, CAMG-C, CAMG-D, CAMG-E, CAMG-F, and CAMG-H, Inc. J RESOLUTIONS/ORDINANCES o Resolutions to support legislation designating the following benevolent corporations EXEMPT re real and personal property state and local taxation: Carolanne Farm Swim Club, Inc Coastal Conservation Association CAMG-A, CAMG-B, CAMG-C, CAMG-D, CAMG-E, CAMG-F, and CAMG-H, InC. 2. Resolutions to request the 2001 General Assembly o Consider legislation to include Virginia Beach Police Chaplains within the "death benefit" provisions of Virginia's "Line of Duty Act" (Requested by Mayor Obemdorf) bo Establish a Commission to pursue funding for the construction of interstate-type improvements to Route 460 between Suffolk and I- 295 and that the Commission be composed of Members of the General Assembly from the jurisdictions affected by the improvements, representatives of local government, applicable Planning Dlstnct Commissions, the Ports of Virginia, the Virginia Department of Transportation (VDOT), and other interested parties. (Requested by Councilman Jones) Ordinance to TRANSFER $250,000 from various projects within the School's FY 2001- 2006 Capital Improvement Program (CIP) to Creeds Elementary School Modernization. Ordinance to authorize a temporary encroachment into a portion of the City's existing property known as Kempes Lake at 5212 Overland Court to DAVID J. AND ANNE Y. MORRIS re construction and maintenance of a wooden pier with stone np rap. REFUNDS a License - $ 31,821.30 b Lodging- $18,092.41 c Meals- $11,371.96 d Tax- $ 1,480.37 Ko PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. o Applications of FRANK T. WILLIAMS FARMS for property on the east side of Pnncess Anne Road, south of Old Pungo Ferry Road, containing 455 acres more or less (DISTRICT 7 - PRINCESS ANNE). a° Variance to reduce minimum pavement width for the interior roads of the development from the required 30 to 24 feet. b. Conditional Use Permit for an altemauve rural residential development Deferred' Deferred: August 8, 2000 August 22, 2000 Recommendation' APPROVAL Apphcatlon of STEVE HALL for a Variance to § 4.4(b) of the Subdivision Ordinance which requires all newly created lots meet all requirements of the City Zoning Ordinance (CZO) at 1553 Eagleton Lane (DISTRICT 4 - BAYSIDE) Recommendation APPROVAL Application of RONALD and ELIZABETH A. KOEBLER for a Variance to § 4 4(b) of the Subdivision Ordinance which requires all newly created lots meet all requirements of the City Zomng Ordinance (CZO) at 1601 Nanney Creek Road (DISTRICT 7 - PRINCESS ANNE) Recommendation' APPROVAL o Application of STEPHEN HERRITT for a Variance to § 4 4(b) of the Subdivision Ordinance which requires all newly created lots meet all requirements of the City Zoning Ordinance (CZO) at 1501 Cypress Avenue and 615 15th Street (DISTRICT 6 - BEACH) Recommendation APPROVAL Application of RCR MANAGEMENT COMPANY, INC., for a MODIFICATION to the Green Run Land Use Plan to allow motor vehicle rentals (tracks) at the northwest comer of Lynnhaven Parkway and Primrose Lane (1401 Lynnhaven Parkway), containing 3 797 acres (DISTRICT 3 - ROSE HALL) Recommendation APPROVAL Apphcatlons of HITT ELECTRIC CORPORATION on the north side of Holland Road, west of Monet Drive (2972 Holland Road), containing 3 87 acres (DISTRICT 7 - PRINCESS ANNE) Change of Zoning District Classification from AG- 1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District b Conditional Use Permit for a building contractor's yard Recommendation APPROVAL Lo APPOINTMENTS HUMAN RIGHTS COMMISSION VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS m. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - December 2000 O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call' TDD only 427-4305 (TDD - Telephonic Dcvlcc for the Deaf) 01/05/01BAP AGENDA\01 \09\01 bap www.virginia-beach va us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS O H M B A C M E S DATE January 9, 2001 , B R H J C A R P E W PAGE 1 R R E O L N N A S I A E I N N A D D R S L N U S L E N I O K O S AGENDA C R O E S A G R E M O ITEM # SUBJECT MOTION VOTE H E N Y N O F R $ N I/A CITY MANAGER'S BRIEFINGS Mary Russo, Volunteer , VOLUNTEER COUNCIL - Annual Report Coordinator B STORM WATER NEEDS AND Dean Block, D~r STRATEGY - Neighborhoods/Network Depart Pubhc Works C VIRGINIA BEACH BOULEVARD Robert Scott, D~r CORRIDOR ., Planmn~l Depart . II/111/ CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y A Y Y Y Y Y Y A Y IVNI F MINUTES - Janua~ 2, 2001 APPROVED 9-0 Y Y A Y Y Y Y , Y Y A Y , G/ Ordinance to New Bu$~ne$$ re request of APPROVED 9-0 Y Y A Y Y Y Y Y Y A Y ADD Breaker's Inn for air rights encroachment ON HI1 MAYOR'S PRESENTATION Mayor read Proclamation Master Petty Officer Carl Brashear - Master D~ver for U S Navy I/1 PUBLIC HEARINGS No Speakers TAX EXEMPTIONS a Carolanne Farm Sw~m Club, Inc b Coastal Conservabon Assoc~abon c CAMG-A, CAMG-B, CAMG-C, CAMG-, · CAMG-e, CAMG-F, and CAMG-H, Inc J/1 Resolubons to support leg~slabon A des~gnabng benevolent corporations B EXEMPT re rear/personal property S state/local taxation: T A a Carolanne Farm Sw~m Club, Inc ADOPTED 9-0 Y Y Y Y Y Y I Y Y A Y N E D b Coastal Conservation Assoc~abon ADOPTED 9-1 Y Y Y Y Y N Y Y Y A Y c CAMG-A, CAMG-B, CAMG-C, CAMG- ADOPTED 9-1 Y N Y Y Y Y Y Y Y A Y D, CAMG-E, CAMG-F and CAMG-H, Inc 2/a Resolutions to request 2001 General Assembly Consider leg~slabon to ~nclude Police ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Chaplains w~th~n "death benefit" CONSENT provisions of V~rg~ma's "Line of Duty Act" IRequested b~' Ma~/or Oberndorf) b Establish a Comm,ssion to pursue ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y funding for Rt 4601between Suffolk/I-295 CONSENT {Requested by Councdman Jones) 3 OrdInance to TRANSFER $250,000 w~th~n ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y School's CIP to Creeds Elementary CONSENT School Modernization 4 Ordinance to authorize encroachment ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y ~nto port,on of Kempes Lake at 5212 CONSENT Overland Court to DAVID JolANNE Y MORRIS re wooden p~er w~th stone np rap 5 REFUNDS a License - $ 31,821 30 APPROVED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y b Lodging- $18,092 41 CONSENT c Meals -$11,37196 d Tax -~; 1,48037 Ci CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS. JR, At-Large LINWOOD 0 BRANCH. Ill. Beach -Dtstrtct 6 MARGARET L EURE, Centervdle - Dtstr:ct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstnct $ BARBARA M HENLEY. Pnncess Anne - D~strtct 7 LOUIS R JONES, BaysMe -Dtstrtct 4 REBA S McCLANAN. Rose Hall - D:str:ct $ ROBERT C MANDIGO, JR. Kempswlle - D~strtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON. At-Large JAMES K SPORE, C:ty Manager LESLIE L LILLEE C~ty Attorney RUTH HODGES-SMITH. MMC, Cay Clerk of Vir inia l each "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 240 i COURTHO USE DRIVE VIRGINIA BEAClt VIRGINIA 23436-9003 PHONE (757) 427-4504 FAX (757) 426-5669 EMAIL Cocml@c,0 vtrgtnta beach va uv CITY MANAGER'S BRIEFINGS January 09, 2001 - Conference Room - 9:30 AM Ao Bo Co VOLUNTEER COUNCIL- Annual Report [30 min.] Mary Russo, Volunteer Coordinator STORM WATER NEEDS AND STRATEGY - Neighborhoods and Network E. Dean Block, Director, Department of Public Works · VIRGINIA BEACH BOULEVARD CORRIDOR [15 min.! Robert J. Scott, Director, Department of Planning [ 60 min.] II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 12:NOON A, B, CALL TO ORDER- Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION Citizens tnay register to address City Council for a limited time on any item on the Formal Council Agenda. Speakers may register immediately prior to the meeting or, itt advance, by calling the City Clerk's Office at 427-4303 V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Linwood Peterson Bayside Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS January 2, 2001 G. AGENDA FOR FORMAL SESSION The Consent ~4genda wtll be determined during the ~4genda Review Session and considered in the or&nary course of business by Ctty Counctl to be enacted by one motion. H. MAYOR'S PRESENTATION Carl Brashear - First African American Diver and First Amputee Diver in the United States Navy I. PUBLIC HEARINGS 1. TAX EXEMPTIONS: a. Carolanne Farm Swim Club, Inc. Coastal Conservation Association CAMG-A, CAMG-B, CAMG-C, CAMG-D, CAMG-E, CAMG-F, and CAMG-H, Inc. J. RESOLUTIONS/ORDINANCES 1, Resolutions to support legislation designating the following benevolent corporations EXEMPT re real and personal property state and local taxation: a. Carolanne Farm Swim Club, Inc. Coastal Conservation Association CAMG-A, CAMG-B, CAMG-C, CAMG-D, CAMG-E, CAMG-F, and CAMG-H, Inc. . Application of STEPHEN HERRITT for a Variance to § 4.4(b) of the Subdivision Ordinance which requires all newly created lots meet all requirements of the City Zoning Ordinance (CZO) at 1501 Cypress Avenue and 615 15~ Street (DISTRICT 6 - BEACH) Recommendation: APPROVAL , Application of RCR MANAGEMENT COMPANY, INC., for a MODIFICATION to the Green Run Land Use Plan to allow motor vehicle rentals (tracks) at the northwest comer of Lynnhaven Parkway and Primrose Lane (1401 Lynnhaven Parkway), containing 3.797 acres (DISTRICT 3 - ROSE HALL). Recommendation: APPROVAL , Applications of HITT ELECTRIC CORPORATION on the north side of Holland Road, west of Monet Drive (2972 Holland Road), containing 3.87 acres (DISTRICT 7 - PRINCESS ANNE): ae Change of Zoning District Classification from AG- 1 and AG,-2 Agricultural Districts to Conditional I-1 Light Industrial District b. Conditional Use Permit for a building contractor's yard Recommendation: APPROVAL L. APPOINTMENTS HUMAN RIGHTS COMMISSION ' VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - December 2000 O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) OI/05/O1BAP AGENDA\01\09\01.bap www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~ma January9, 2001 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING for the VOLUNTEER COUNCIL - Annual Report tn the Council Conference Room, Ctty Hall Butldtng, on Tuesday, January 9, 2001, at 9 30 A M Counctl Members Present Margaret L Eure, Wtlham W Harrtson, Jr Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr [OUT OF THE CITY- BANK MEETING] Ltnwood 0 Branch, III [ENTERED 9 59 A M ] Reba S McClanan [ENTERED 9 43 A M] CITY -2- MANAGER'S BRIEFING VOLUNTEER COUNCIL - ANNUAL REPORT 9:30 A.M. ITEM # 4 7591 Mary Russo, Volunteer Coordtnator, introduced Martetta Connor - Technology Chart~Volunteer Counctl Mrs Connor ctted the Mission Statement of the Vtrgtnta Beach Volunteer Counctl The Vtrgtnta Beach Volunteer Council extsts topromote volunteertsm with Vtrgtma Beach government agenctes to enhance the economtc, educational, soctat and phystcal quahty of the commumty and to support mumctpal services valued by citizens 14,012 Volunteers generated savings to the Ctty tn the amount of $20,069,822 Virginia Beach volunteers Year Volunteers Hours FTE * Value ($) 1990 3,833 772,532 371 $ 8,263,903 1991 4,933 835,352 402 $ 9,201,753 1992 5, 000 1,001,213 481 $10, 923, 339 1993 5,500 1,066,028 513 $11,335,348 1994 6, 791 1,291,024 621 $13, 064, 851 FY95/96 8, 594 1,410, 396 678 $ ! 4, 822, 644 FY96/97 10,293 1,564 190 752 $16, 710,147 FY97/98 1 O, 418 1,592, 900 766 $17, 329, 946 FY 98/99 11,635 1,819, 923 8 75 $19, 660, 288 FY99/O0 14,912 1,961,807 943 $ 20,069,822 .1 *FTE = Full Time Equivalent The two major Volunteer organtzattons are Emergency Medical Services and the Sheriff's' Office Several Mtlhon Dollars tn savtngs ts generated tn each Department $100,000 Over Achievers FY 1999/2000 Department Hours Value .4grtculture 24, 768 $ 410,427 Communtty Servtces Board 23,624 $ 410,406 Ftre 39,090 $ 530,824 General Servtces 19,969 $ 324,121 duvende Court Servtce Untt 13,289 $ 297, 752 Parks and Recreatton 148,086 $ 977,408 Pendleton Chtld Servtce Center 8,677 $ 131,436 Pohce 21,580 $ 217,790 Pubhc Ltbrartes 20,896 $ 172,049 Soctal Servtces 19,801 $ 255,540 Vtrgmta Marme Sctence Museum 94,577 $ 847,669 January 9, 2001 -3- CITY M/tNA GER 'S BRIEFING VOL UNTEER CO UNCIL - ANNUAL REPORT ITEM # 4 7591 (Continued) Susan Walston, Chtef of Staff advised the Volunteer Counczl ts working on many of the strategies, which are tn response to City Counctl's Vision of Community for a Lifetime. The focus of volunteers has been pursued through both recruitment and recognttton of volunteers as well as the training and mentortng of staff The volunteer opportunities within the City are hsted on the Webstte Seventy (70) Volunteers with over twenty (20) years of service were recogmzed during a spectal ceremony Long Term commitment ts very evident Thirteen (13) ad&ttonal staff members were certtfied as Volunteer Coordmators for a total of 47 Certified Volunteer Coordinators Approxtmately 1 O0 lndtvtduals wtthtn the Ctty serve tn dtfferent roles as Volunteer Coordtnators t e at stte and volunteertng department programs, and asststlng This month, 5 of those Coordtnators wtll become certtfied The Quarterly andAnnual Stattstlcal Reports are &splayed on the Ctty's Intranet thus betng more accesstble to staff Mayor Oberndorf escorted a delegatton to the INTERNATIONAL VOLUNTEER SUMMIT tn Mtyazakt, Japan, October 23-24, 1999 Mrs Walston ctted thts as the htghhght of volunteertsm More than 150,000 "Volunteers", leaders and organtzers parttctpated tn the Summtt to whtch Vtrgtnta Beach had been tnvtted Mayor Oberndorf and Mary Russo were the keynote speakers as well as co-ordtnated the pubhc forum Ruth Smtth, Ltalson to the Mayor's Stster Ctty Commtsston, asststed tn co-ordtnattng thts venture The 2000 MiyazaM Delegation of Volunteer Leaders to Virginia Beach (August 23 - 27),was comprtsed of 39 members The objecttves were to study volunteer acttvtttes tn Vtrgtnta Beach, recruttment methods, promotton matertals, educattonal programs, staff tratmng, evaluation of effecttveness, support base, personnel and resource development, orgamzattonal planntng, muntctpal co-operatton, fundmg, educatton and commumty tmpact This was before the Untted Natrons destgnated the year 2001 as the International Year of Volunteers The Innovations Group hsted Vtrgtnta Beach's Volunteer Counctl as a model program throughout the Umted States The Volunteer Coordtnators tntervtewed the Department Dtrectors thts year relattve the benefits of thetr Volunteers The three most common responses were Volunteers strengthen and expand programs and, therefore, enhance quahty customer servtce Volunteers support the efforts of commumty educatton Volunteers enhance the relattonship between the Ctty orgamzatton and the ctttzens by tmprovtng communtcatton, generattng new ideas and really entemng tnto thts partnershtp that extsts wtthtn our community Mrs Russo referenced the support of the Ctty Manager tn provtdtng hts Chtef of Staff as the Volunteer Counctl Co-Leader She has been a tremendous asset The tax rate would be an addtttonal 10¢, tf lt were not for the value of Volunteerism Stnce 1985, Volunteers have contributed $266,215,647. These stattsttcs do not tnclude Schools The Schools have 13,106 Volunteers with over 346 hours Vtrgtnta Beach is truly a "City of Volunteers" Mrs Russo extended apprectatton to the Mayor, Members ofCtty Counctl, the Ctty Manager and staff for thetr support Mrs Russo presented the Mayor and Members of Ctty Counctl the Volunteer Hours Check in the amount of $20,069,821.75. January 9, 2001 -4- CITY MANAGER'S BRIEFING STORM WA TER NEEDS AND STRATEGY- Neighborhoods and Network 9:59 A.M. ITEM # 4 7592 E Dean Block, Dtrector- Department of Pubhc Works, presented tnformatton relattve the Storm Water Needs and Strategy The majortty of dramage tssues are assoctated wtth pre-1970 development On September 19, 2000, the staff presented tnformatton to City Council regar&ng the basics of storm water drainage analysis and design At the next presentatton on December 5, 2000, changes tn Public Works Specifications and Standards Review of Drainage Criteria were &scussed These standards tmpact new subdtvtstons The proposed revtstons are underway After dtscusston wtth the butldtng and real estate commumty, the staff wall return to Ctty Counctl tn February/March wtth proposed revtstons On January 2, 2001, the City Council adopted the Ordtnance to CREATE and ESTABLISH netghborhood storm water tnfrastructure improvements, TRANSFER $1,305,292 from Lynnhaven Drtve dratnage outfall, ACCEPT and APPROPRIATE $5 77, 407 tn addtttonal state funds from the Vtrgtnta Department of Transportatton (VDOT), and, tncrease esttmated revenues accordtngly to fund dratnage tmprovements tn vartous netghborhoods Thts approprtatton entatled 28 smaller netghborhood projects Ttus wtll have a short term tmpact on a number of dratnage tssues Local con&ttons and weather coupled wtth agtng tnfrastructure tmpactperformance of the dratnage system Land is low and flat Tail water/tides 3 of Syears rain over 55 inches Drainage infrastructure includes ditches and natural waterway Approxtmately l OOpre-1970 neighborhoods exist, whtch comprtses 40% of thepopulation Twenty-six (26) of twenty-eight (28) January Secondprojects are pre-19 70 or rural. Nineteen (19) of the twenty-seven (27) active projects in the CIP are pre-1970 neighborhoods Since the fee was enacted, eighteen (18) Capital Projects have been completed for a total of $23-MILLION with twenty-seven (27) active projects comprts tng $ 73-MILLION CURRENT STORM WA TER CIP MAJOR PROJECT CONSTRUCTION STARTS Year 1 2000-01 Chesapeake Beach/Lake Chubb 7-001 Lynnhaven Drtve Dratnage Outfall 7-015 Pocahontas Vtllage 7-181 Prtncess Anne Plaza Phase II, Part 4 Sandbrtdge Drainage 7-144 Storm Water Infrastructure Rehab 7-004 West Neck Creek - Imttal Phase Fatr Meadows Dratnage 7-012 Oceana Gardens East 7-022 Year 4 2003-04 Euchd Dratnage 7-011 Upper West Neck Creek 7-025 Year 2 2001-02 Arcttc Ave -Balttc Ave 7-145 Cape Story by the Sea 7-014 Goodspeed Rd 7-021 North Lake Holly Watershed 7-005 Oceana Gardens West 7-960 Lake dames 7-018 Year 5 2004-05 Destgns tn Progress Year 3 2002-03 Cape Henry Dr (Lynnhaven Colony) 7--010 Lake Shores Dratnage 7-008 Larkspur Dratnage 7-281 North Beach Drainage 7-902 Year 6 2005-06 Columbus St Ratlroad Culvert 7-006 Ehzabeth River Shores 7-010 Htlltop Manor Dratnage 7-016 South Lake Holly Watershed 7-016 Matntenance ts tmportant because of stltatton and sedtmentatton, vegetatton growth, blockages and structural repatrs The tmpacts of lack of mamtenance, reduces capactty below destgn, mcreases CIP nee& and reduces rehabthty and predtctabthty January 9, 2001 -5- CITY MANAGER'S BRIEFING STORM WA TER NEEDS AND STRATEGY- Neighborhoods and Network ITEM # 4 7592(Continued) Storm Water Infrastructure Status Component Quantity Estimated Overall A thru F % Replacement LOS E-F Value Ditches Roadside Ditch 607 miles $102,476,000 C- 18 Off-Road Ditch 188 miles $ 81,397,000 D- 35 Structures Pipe & Structure 2,100 miles $ 600, 789,000 D+ 30 Dam/Spillways 52 $ 8,000,000 D+ 12 Major Culverts 36 $ 7,200,000 C- 0 Pump Stations Pump Stations 15 $ 9, 775,000 C- 14 Lakes Lakes & Ponds 122 $ 280,429,971 D+ 20 $1,090,066,971 Major Maintenance Concerns 20% increase in demand Level of Service (LOS) of C is the overall goal Well below Council infrastructure policy (0. 62 % vs 2 %) Off-road ditches offer greatest system impact Maximizing Available Maintenance Resources Skilled and capable work force In-House & Contract maintenance Reallocation of funding Use of Sheriff's Work Force Adopt-a- Waterway Program Process improvements Storm Water Funding History of Fund Established July 1, 1993 ~ $0. O-9/day/ER U ($32. 88 per year) Rate increased July 1, 1997 over 2years to $O. 121/day/ERU ($44.16 per year) Rate increase targeted to CIP danuary 9. 2001 -6- CITY MANAGER'S BRIEFING STORM WA TER NEEDS AND STRATEGY- Neighborhoods and Network ITEM # 4 7592(Continued) Storm Water Funding Current Status of Fund Total of 215,100 ER U's tn system Fees generateS9 5-MILLION per year Expected growth tn fees about I 5% per year VDOT mamtenance retmbursement of $4 2-MILLION per year Other revenue $0 7-MILLION Total projectedfund revenue tn F7Y 2002 ts $14 4-MILLION Storm Water Utility Revenue Bonds Debt servtce on GO Bonds through FY 2014 Ftrst revenue bonds tn FY 2000 OF $10-MILLION through FY 2025 Second revenue bonds tn FY2002 OF $14-MILLION AA+ bond rating No addtttonal debt capactty 18% debt servtce cost Coverage ratio Recom men ded Strategy Advance CIP Projects South Lake Holly Watershed Pembroke Manor Dratnage Southern Canal/Lead Dttch and Culvert Improvements Approximately $5-6-MILLION in additional storm water bonds Neighborhood Improvements Addtttona133 known chrontc system problems More than typtcal matntenance acttvtty Less than major CIP Typtcal project tnvolves tncreased capactty through Ptpe or dttch tnstallatton/upgrade Increased mlet capactty Assoctated major matntenance Increase Off-Road Ditch Maintenance Improve Cleanmg Cycle from 22 to 8 years Increase LOS from D- to C tn 3 years Typtcally tmpacts enttre dratnage area Improve Pipe & Structure response RE COMMENDATIONS Recommended Funding Approach $0.03~day/ER U over three years ($0. O1/day/ER U/year) Residential rate increase per year from $44.16 to $55.12 July 1, 2001 = $4 7.82 July 1, 2002 = $51.4 7 July 1, 2003 = $55.12 January 9, 2001 -7- CITY MANAGER'S BRIEFING STORM WA TER NEEDS AND STRATEGY- Neighborhoods and Network ITEM # 4 7592(Continued) PR OPOSED SCHEDULE Presentatton to City Counctl on January 9, 2001 Constderatton of ordtnances durmg budget process duly 2001 tmplementatton Optton for earher actton w/same effecttve date Fourteen (14) of the pumptng stattons are at a level of E & F, Mr Block advtsed these are the storm water pumptng stattons, not the sewer pumptng stattons The rattng ts mainly dertved from the five small pump stattons on Atlanttc Avenue, which operate on a temporary basts These wtll be replaced when the North Beachproject ts completed All mamtenance ts "pay-as-you-go" Some Capttal lmprovement ts "pay-as-you go". There ts approximately $I 6-MILLION a year tn "pay-as-you-go" Obviously "pay-as-you-go" could be traded offfor debt However, to do so wtthtn the extstmg rate structure would start to move debt servtce cost above 20% of the project The staff would not recommend thts The projects of Pubhc Uttltttes and Pubhc Works are co-ordinated Dtrectors and Department Heads of Pubhc Uttlmes and Pubhc Works meet twtce a month to dtscuss tssues tnvolved wtth the various tmprovements Communtcatton was referenced from one of the civic leaders tn the Lynnhaven Dtstrtct concerntng addressing just a portton of a netghborhood's flooding problems Flooding problems will be addressed tn the entire netghborhood Because of such a large area, the Prtncess Anne Plaza project was completed tn phases Mr Block advtsed the tntttal fee structure related to water quanttty and quahty As matters have evolved, theprtmary emphasts of the commumty has been on water quantity as a result of the reahttes of our weather and citizen's expectattons The Ctty has prtmartly tnvested tn water quanttty type soluttons armed at mtntmtztng or ehmtnattng structural damage and maktng sure thepubhc safety vehtcles can get down the street Ulttmately, the Ctty will evolve more tnto the area of water quahty However, now the communtty demands water quanttty management The storm water btlhng ts tssued every stx (6) months The total overhead cost of collecttng approxtmately $1 O-MILLION m fees ts approxtmately $300, O00 per year (or 3% of the revenue) Pubhc Utthttes, Pubhc Works and Information Technology staff are currently revtewmg the issue of combtned btlhng Concern was expressed relative the infill on adjacent lots causing runoff into properties which previously dtd not have runoff Relattve the 33 system problems, tt has been projected that a cost of approxtmately $13- MILLION will be spread over a 6-yearperiod. Mr Block shall provtde a hst of the 33 addtttonal projects depicted on the map Relattve the utthzatton of the Shertff's Work Force, a supervisor and any eqmpment necessary ts provtded Informatton relattve the percentage for salartes and capttal tmprovement projects shall be provtded wtth compartson to the rate tncrease Thts tnformatton has also been requested from Clarence Warnstaff, Director of Pubhc Utthttes Information relative the amount of funds ratsed from this Stormwater Management fee stnce tts mceptton shall be provtded The ~[unds from VDOT are not anttctpated to be reduced These funds are dertved from a formula relattve the number of lane mtles of roadways A chart shall beprovtded relative the increases tn revenue generated, cost of theprodects, capital tmprovement projects, mamtenance - all of the dollar amounts January 9, 2001 -8- CITY MANAGER'S BRIEFING VIRGINIA BEACH BOULEVARD CORRIDOR ll:35 A.M. ITEM # 4 7593 Robert d Scott, Dtrector of Planntng, presented tnformatton relattve the Virginia Beach Boulevard Corridor. Tom Pauls, Comprehenstve Plan Co-Ordtnator, advtsed the Virginia Beach Boulevard Corridor ts from Atlanttc Avenue to 1-264, upon whtch many ctttzens have envtstoned tmprovement There are many constratnts affecttng thts area t e AICUZ, flood plams, tnapproprtate uses There are not a great deal of monetary resources avatlable to revtew thts Corrtdor Ftrst Colontal Road ts betng tmproved The tntersectton of Ftrst Colomal Road and Vtrgtnta Beach Boulevard, may be the starttng potnt By revtewtng uses tn thts tmmedtate area, the Comprehenstve Plan or a pohcy document can offer goals and objecttves for thts area Ordtnanceprovtstons and tncenttve zontng mtght also be apphed In some cases, there wtll be more opportumty than others tf the zoning ts residential or constrained by AICUZ (Accident Potential Zones) Others wtth B-2 zontng, whtch allows qutte a lot of uses and ts fatrly hberal, may present less opportuntttes Thts does notpreclude the stafffrom constdertng destgn tssues The Vtrgtnta Beach Boulevard Corrtdor ts an area tn whtch the Staff ts tn the very early stages of compthng concepts and there ts not a spectfic plan to deptct at the present ttme When the tdeas concerntng thts Corridor are formulated more defintttvely, the staff wtll work wtth the Resort Advtsory Commtsston Relattve the proposal of the Hampton University students, Mr Pauls advtsed the destgn constderattons suggested can be tncorporated wtthtn overlay districts and otherpolicy design guidelines As far as some of the land use proposals, whtch could be rather excesstve, these need to be rethought as to what might be avatlable to achteve these ends Mr Scott advtsed a profound change tn the last 9 to 12 months has been nottced tn the types of development proposals brought forward Agendas would be comprtsed matnly of large stzed parcel rezomngs and only a few Condtttonal Use Permtts Now thts ts completely reversed, out of a 25 ttem Planntng Commtsston Agenda, 21 or 22 are Condtttonal Use Permtt apphcattons, wtth only two or three rezonmgs Development proposals must be revtewed carefully agamst the criteria estabhshed by the City Council for quahty Vtrgtnta Beach Boulevard and two other Cormdors tend to be locatton potnts or reposttortes for these types of uses throughout the Cttyfrom Atlanttc Avenue to Newtown Road Condtttonal Use Permtts are margmal uses, but should be revtewed thoroughly Ctty Counctl's destre to butld a quahty ctty must remam a constant Mr Scott advtsed the Virginia Beach Boulevard Corridor ts being revtewed wtthm reasonable budget gutdehnes Mr Scott dtsplayed a map deptctmg the vartous zomngs on the Corridor Blue (RTZoning; Pink (Commercial Zoning), Green (Apartment Zoning). The Ctty and the State have expended a tremendous amount offunds tn this area Htlltop- Lasktn Road area improvements, Interchange at 1-264, and a new road project south of this area The City needs to examtne better uttltzatton of the funds already tnvested or commttted tn thts area rather than make plans to expend further .January 9, 2001 -9- ,4 GEND,4 RE VIE W SESSION 12:21 P.M. ITEM # 47594 Mayor Oberndorf referenced the PROCLAMATION recogmztng January 9, 2001 C,4RL BRASHE,4R D,4 Y Whde servtng on the USS Trtpoh, tn 1953, Master Chtef Petty Officer Carl Brashear became the first Afrtcan-Amertcan dtver tn US Navy Htstory In March 1966 aboard the salvage trtp, USS Horst, tn an herotc effort to save the hves of fellow sadors, Chlef Brashear suffered a devastatmg tn jury to his left leg resulttng tn a below-the-knee amputatton He underwent a rtgorous tratntng regtment Master Chief Petty Officer, Carl Brashear, earned the dtsttngutshed tttle of Master Diver tn dune I970, becomtng the first Afrtcan-Amertcan Master Dtver tn the Navy Master Chief Petty Officer Brashear has received the Navy and Marme Corps Medal for heroism tn savmg hves, has served his country honorably and fatthfully from 1948 through hts rettrement tn 1979, and has been honored both by the Navy, as one of only seven enhsted people whose story has been told through an Oral History at the U S Naval Instttute, and by Hollywood, with the recently-released film, "Men of Honor," starrtng Oscar-wtnner Cuba Goodtng, dr, as Carl Brashear Mayor Oberndorf referenced her attendance at The Prayer Breakfast two years ago at Da~n Neck wtth Carl Brashear as the Guest Speaker He ts an mcredtble human bemg ITEM # 4 7595 dl Resoluttons to support legtslatton destgnattng the followtng benevolent corporattons EXEMPT re real and personal property state and local taxation: a Carolanne Farm Swtm Club, Inc b Coastal Conservation Assoctatton c CAMG-A, CAMG-B, CAMG-C, CAMG-D, CAMG-E, CAMG-F, and CAMG-H, Concermng Carolanne Farm Swim Club, Inc, Mayor Oberndorf mqutred how many children who cannot afford swtm lessons are sponsored Thts questton has not been asked of any of the swtm clubs Councd Lady Parker has some concerns relattve Coastal Conservatton and wdl &scuss these durtng the Formal Sesston Relative CAMG-A, CAMG-B, CAMG-C, CAMG-D, CAMG-E, CAMG-F, and CAMG-H, Councd Lady Eure referenced the apphcant's real estate ts worth $64,000, however, thetr real estate improvements are many times more The Ctty Attorney and Real Estate Assessor are revtewlng thts and wdl provzde tnformatton durtng the Formal Sesston ITEM # 4 7596 d 2 Resolution to request the 2001 General Assembly Constder legtslatton to tnclude Vtrgtnta Beach Police Chaplains wtthm the "death benefit"provtstons of Vtrgmta's "Line of Duty Act" (Requested by Mayor Oberndorj) Mayor Oberndorf referenced her correspondence to Delegate Leo C Wardrup, Jr, requesttng that legtslatton be pursued gtvtng "death in the line of duty benefits" to Pohce Chaplams The Pohce Chaplains are an tntegral part of the City's law enforcement effort and provtde invaluable asststance to the Vtrgmta Beach Pohce Department January 9, 2001 -lO- AGENDA RE VIEW SESSION ITEM # 4 759 7 d 2 Resolutton to request the 2001 General Assembly Establish a Commission to pursue fundtngfor the constructton of tnterstate-type tmprovements to Route 460 between Suffolk and I- 295 and that the Commtsston be composed of Members of the General Assembly from the jurtsdtcttons affected by the tmprovements, representatives of local government, apphcable Planmng Dtstrtct Commtsstons, the Ports of Vtrgtnta, the Virginia Department qf Transportatton (VDOT), and other mterested parttes (Requested by Counctlman Jones) Councilman Branch advtsed thts ts a very tmportant Corridor Counctlman Jones advtsed otherjurtsdtcttons affected by Route 460 are constdertng stmtlar Resoluttons ITEM # 4 7598 J40r&nance to authorize a temporary encroachment tnto a portton of the Ctty's extsttng property known as Kempes Lake at 5212 Overland Court to DA VID J. AND ANNE Y. MORRIS re constructton and matntenance of a wooden pier wtth stone rtp rap Mayor Oberndorf advtsed Mrs Khne, an adjacent restdent, had contacted her She wtshes also to tnstall stone rip rap and has not heard from the City tn a year and a 'half James Lawson - Real Estate will contact Mrs Khne ITEM # 4 7599 J 5 REFUNDS a License - $ 31,821.30 b Lodging - $18,092.41 c Meals- $11,371.96 d Tax- $ 1,480.37 Counctl Lady McClanan expressed concern relattve the large amounts entatled tn the Refunds to the Cavalier Hotel, the Runnymede Corporation and Clearwater Investment Associates Phthp d Kellem - Commtsstoner of the Revenue, advtsed hts office routtnely audit busmesses to determtne tf they are cornphant with the business hcense, admtsston, meals and lodging taxes Relative Clearwater, some banquet services had ortgtnally been assigned to meal taxes when, tn fact, they should not have been Banquet servtces are only taxable under the gross receipt's tax, not under the meal tax There was a stmtlar sttuatton tn the tnstance of the Cavalier Hotel Corporation The lodgtng tax was au&ted Certatn porttons were deducted forpromottons, comphmentary rooms and tax exempt sales In the Corporation's tnternal bookkeeping, these had been tncluded as taxable receipts when promottons are deducttble The Runnymede Corporation had erroneously represented land development sales as real estate management Land development sales are taxed at a constderably lower rate for busmess hcense purposes than real estate management Real estate management ts taxed as a professtonal servtce at a rate of $5 80 per 1,000 Land development sales are taxed at the contract rate of $1 60per 1,000 In 1998, there was a umque passage tn the former Admtsstons Tax Code, whtch has been revtsed to be conststent Prevtously, the Code had denoted 'free ttckets wtll be taxed" The revtston was tn the Summer of 1999, whtch corrected thts code sectton January 9, 2001 -11- ,4 GENDA RE VIE W SESSION ITEM # 47600 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: RESOL UTIONS/ORDINANCES J 2 Resoluttons to request the 2001 General Assembly Constder legtslatton to tnclude Vtrgtnta Beach Police Chaplains wtthtn the "death benefit" provtstons of Vtrgtnta 's "Line of Duty Act" (Requested by Mayor Oberndor~ Establish a Commission to pursue fundtng for the construction of tnterstate-type tmprovements to Route 460 between Suffolk and I- 295 and that the Commtsston be composed of Members of the General Assembly from the jurtsdtcttons affected by the improvements, representattves of local government, apphcable Planntng Dtstrtct Commtsstons, the Ports of Vtrgtnta, the Vtrgtnta Department of Transportation (VDOT), and other tnterested parttes (Requested by Counctlman Jones) .13 Ordtnance to TRANSFER $250, O00 from vartous projects wtthtn the School's FY2001-2006 Capttal Improvement Program (CIP) to Creeds Elementary School Modernization. J4 Ordtnance to authortze a temporary encroachment tnto a portton of the Ctty's extsttng property known as Kemps Lake at 5212 Overland Court to DA VID J. AND ANNE Y. MORRIS re constructton and matntenance of a wooden pter wtth stone rtp rap REFUNDS License - $ 31,821.30 Lodging - $18,092.41 Meals - $11,371.96 Tax- $ 1,480.37 ITEM # 4 7601 Ordtnance re Breakers'Inn for a temporary encroachment tnto Ctty's rtght-of-way at Ocean Avenue (1507 Atlanttc Avenue, LLC), re constructing and matntatntng a balcony overhang Counctlman Branch dtstrtbuted thts ordinance and advtsed he wtll request thts ttem be added to the Formal Agenda The owners of l 507 Atlanttc Avenue LLC are constructtng a new butldtng adjacent to thetr extsttng hotel To match the extsttng facthty, they are requesttng they be allowed to encroach with cantilevered balcomes over ctty property, the Greenbelt, known as Ocean Avenue January 9, 2001 12- AGENDA RE VIEW SESSION ITEM # 4 7602 K 1 Apphcattons of FRANK T. WILLIAMS FARMSforproperty on the east stde of Prmcess Anne Road, south of Old Pungo Ferry Road, contatntng 455 acres more or less (DISTRICT 7 - PRINCESS ANNE) Vartance to reduce mtntmum pavement wtdth for the tntertor roads of the development from the reqmred 30 to 24feet Condsttonal Use Permstfor an alternatsve rural ressdenttal development Thss stem wtll be chscussed dursng Formal Sessson Robert Scott referenced the staff meetsng wsth Rschard Browner and the apphcant to revsew the apphcatson The apphcant has comphed wsth the smprovements suggested by staff However, prsor to the new Puraflo system for septtc tanks, all of the lots not on Class 1 sosl have to be on 3-acre lots, whsch ss necessary to make the margsnal septsc tank system functson However, thss was not parttcularly conducsve to good dessgn If the Puraflo regulatsons represent an advantage, these regulatsons msght be revsewed to be sncluded sn thss apphcatson to promote good dessgn ITEM # 4 7603 K5 Applsca t son of R CR MANAGEMENT COMPANY, INC.,for a MODIFICATION to the Green Run Land Use Plan to allow motor vehscle rentals (trucks) at the northwest corner of Lynnhaven Parkway and Prsmrose Lane (1401 Lynnhaven Parkway), contasmng 3 797 acres (DISTRICT 3 - ROSE HALL) Councsl Lady McClanan referenced the correspondence from the Green Run Home Association Counctl Lady McClanan had concerns relatsve the appearance of thss shopptng center The truck rental sste ss at the prsmary entrance to a large, well estabhshed ssngle famsly home commumty ITEM # 4 7604 K 6 Apphcatsons of HITT ELECTRIC CORPORATION on the north ssde of Holland Road, west of Monet Drsve (2972 Holland Road), contasmng 3 87 acres (DISTRICT 7- PRINCESS ANNE) Change of Zonsng Dtstrsct Classsficatson from AG-1 and AG-2 Agrscultural Dsstrscts to Condstsonal I-1 Lsght Industmal Dsstrsct Condstsonal Use Permst for a busldsng contractor's _yard Councd Lady Parker was concerned relatsve psece meal development and snqutred tf there was a comprehenssve method to revsew thss entsre tntersectson Robert Scott, Dsrector of Planmng, advssed thss area has been slow developsng and ss relegated to quass-sndustrtal usage As these apphcatsons have been recesved, there has been an attempt to coordtnate them Although, there ts not a comprehenssveplan snplace Counctlman Man&go tnqusred relatsve the dsstance from theparktng lot when Holland Road ts wsdened Mr Scott advssed the road has not been destgned, however, the rsght-of-way has been set astde Mr Scott wsll provsde snformatson relattve the &stance Counctlman Man&go referenced a typographscal error sn the legal descrsptson contasned wsthsn the proffer The plat entstled "Survey of Fletcher L Roberson, Jr ", dated June 19,~' t t '~,~,., 1963 ITEM # 4 7605 BY CONSENSUS, the followsng shall compose the Plannsng By Consent Agenda K 2 Apphcatson of STEVE HALL for a Varsance to 3q 4 4(b) of the Sub&vssson Or&nance whsch reqmres all newly created lots meet all reqmrements of the Ctty Zonsng Ordtnance (CZO) at 1553 Eagleton Lane (DISTRICT 4 - BA YSIDE) January 9, 2001 - 13- AGENDA RE VIEW SESSION ITEM # 4 7605 (Continued) K3 K4 K6 Apphcatton of RONALD and ELIZABETH A. KOEBLER for a Vartance to 3q 4 4(b) of the Subdtvtston Ordinance whtch requtres all newly created lots meet all requtrements of the Ctty Zomng Ordmance (CZO) at 1601 Nanney Creek Road (DISTRICT 7 - PRINCESS ANNE) Apphcatton of STEPHEN HERRITT for a Vartance to 3~ 4 4(b) of the Subdtvtston Ordtnance whtch requtres all newly created lots meet all requtrements of the Ctty Zonmg Ordtnance (CZO) at 1501 Cypress Avenue and 615 15th Street (DISTRICT 6 - BEACH) Apphcattons of HITT ELECTRIC CORPORATION on the north stde of Holland Road, west of Monet Drtve (2972 Holland Road), contatmng 3 8 7 acres (DISTRICT 7 - PRINCESS ANNE) Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal I- 1 Ltght Industrtal Dtstrtct b Condtttonal Use Permit for a butldtng contractor's yard January 9, 2001 - 14- CITY COUNCIL COMMENTS 12:21 P.M. ITEM # 4 7606 Mayor Oberndorf and Councd Lady Eure had spoken wtth Ms Rowe relattve E-marls from her and adjacent restdents tn the area of Ferrell Parkway Mrs Rowe tnqutred when a Pubhc Heartng relattve Ntmmo Parkway (formerly known as FerrelO and Atwoodtown Road would be scheduled The Ctty Manager advised a Pubhc Heartng has been scheduled on January 23, 2001, relattve a proposed Resolutton declarmg the tntentton of City Councd that Ntmmo Parkway (formerly known as Ferrell Parkway) shall have tts eastern termtnus at Atwoodtown Road and that Ntmmo Parkway shall not thereafter be constructed east of Atwoodtown Road Thts Resolutton shall be scheduled for the Ctty Councd Formal Agenda on February 6, 2001 Councd Lady Eure and Councdman Man&go toured the entire right-of-way on Sunday, January 7, 2001 The tnvttatton to take thts tour has been extended to all members of Ctty Councd The tour was extremely mformattve The rtght-of-way ts completely cleared and matntamed The tour began at the Hell's Potnt end back to the szte and they walked about 1/4 mde to the creek Counctl Lady Henley advised that due to freezing temperatures on Sunday, any marsh tn the Back Bay area could be walked upon Thts makes a lot of dtfference ITEM # 47607 Councd Lady Henley referenced the Lotus Creek tssue On June 27, 2000, Councd Lady Henley SPONSORED representattves from the Atwoodtown Road/La#omar area to address the apphcatton of Lotus Creek Assoczatton for a Vartance to Sectton 5B of the Stte Plan Ordinance, Flood Platn regtons (APPROVED 1/4/2000) Attorney David Hay represented the 47 residents City Staff was dtrected to mvesttgate and advtse Ctty Councd, plus tssue a STOP WORK order tmmedtately When it appeared the only recourse was the purchase of the land, the Ctty Councd dtrected the Ctty Manager and Councd Lady Henley to approach the Back Bay National Wildlife Refuge to determine thetr tnterest tn purchastng the property The property ts not wtthtn the boundary of the Refuge However, as they reviewed same, because the property was fragmented, the ha&tat would be fragmented due to the future budding of the road The Refuge would be interested tn purchastng the Lotus Creek property, tf the road wtll not be budt However, if the road ts to be budt, and tf tt fragmented thetr habttat, then tt would not meet thetr crtterta There wtll be a brtefing on thts negottatzon later tn Closed Sesston Councd Lady Henley was requested to meet wtth a group ofrestdents of Atwoodtown Road tn late November and she shared this tnformatton She attended the Lagomar Ctvtc League Meettng on December 20, 2000 Durtng these meetings another tssue became apparent Thts tssue has been promoted by mdlvtduals who wtsh Ferrell Parkway be budt Flyers were placed tn madboxes of the Lagomar restdents, whtch lndtcated the Ctty's tntent was to make Atwoodtown Road a thoroughfare It became obvtous the netghbors are havtngproblems wtth another development (Lagomar 7) At the meettng on December Twentteth, tt was tndtcated there were many problems as the development of the first phase of Lagomar 7 ts allowed to go forward by utthzmg Entrada Drtve as the sole access potnt The ulttmate approval of the firstphase encompasses 140 umts All of the constructton traffic must go through Lagomar In order to proceed wtth later phases of that development, the developer has been told that he would have to have some other connectton to etther budd two lanes of Ferrell for a certam &stance or brtdge the canal on Atwoodtown The restdents tn attendance at the meettng reached the consensus that they would be sattsfied wtth a two-lane connector road of Ferrell, heavdy landscaped, that stopped at Atwoodtown Road The restdents would hke assurance the Canal would not be brtdged Thts separate tssue needs to be resolved, but the fun&ng ts not avadable at the present ttme Councdman Branch toured thts stzable Lagomar 7 development conststtng of at least 200 homes The Ctty owns Ftsh and Wddhfe a debt of gratttude forpurchastng the addtttonal property The acqutsttton of thts property prevented several hundred homes from bemg butlt Counctl Lady Eure strongly regretted her vote of approval for the Vartance of Lotus Creek She wtshed she would have the opportuntty to rescmd her actton ITEM # 4 7594 Councd Lady Parker referenced the FY 2001-2002 Resource Management process schedule The Ctty Manager advtsed the locatton of the Public Hearing has not been determtned However, tt wdl probably be located at Prtncess Anne Htgh School January~ 2001 - 15- CITY COUNCIL COMMENTS ITEM # 4 7595 Counctl Lady Parker referenced E-mad concerns relattve the scheduled January &xteenth Ctty Counctl Workshop on COUNCIL PRIORITIES and CITY'S MAJOR PROPOSED PROJECTS. There wtll be no formal action Thts ts simply an expanded workshop from 4 O0 P M to 8 O0 P M The City Manager advised thts ts just Ctty Counctl's destre to expend quahty ttme dtscusstng the majorprojects There wtll be no votes The Ctty Manager referenced hts dtscusston wtth Katrtce Frankhn, Reporter - VIRGINIAN PILOT, whose arttcle concermng the Workshop covered the purpose of the meettng of the Stxteenth ITEM # 4 7596 Councdman Jones advtsed Senator Stolle ' has drafted the Bill to Estabhsh a Commission topursue fundlng for the constructton of interstate-type tmprovements to Route 460 between Suffolk and I- 295 Senator Stolle wtll present thts Btll to the General Assembly today, January 9, 2001 January 9, 2001 -16- ITEM # 47597 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, January 9, 2001, at 12 38 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr January 9, 2001 -17- ITEM # 4 7598 Mayor Oberndorf entertamed a morton to permzt Czty Councd to conduct zts CLOSED SESSION, pursuant to Sectzon 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospective can&dates for employment, asstgnment, appotntment, promotton, performance, demotion, salartes, dtsctphntng, or reslgnatton of specific pubhc officers, appomtees, or employees pursuant to Section 2 1-344 (A) (1) To W~t Boards and Commtsstons Human Rtghts Commtsston Vtrgtnta Beach Health Servtces Advtsory Board PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meetmg would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Acqutsttton/Dtsposttton oJ Property - Lotus Creek Proper(v Open Space Sites Reese Smtth Property School Tttle Issues Stumpy Lake LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatmng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Contractual Issues - Sportsplex Contractual Issues - 3]st Street Project Internattonal Famdy Entertamment v Ctty Upon motton by Counctlman Jones, seconded by Councdman Branch, Ctty Council voted to proceed mto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr (Time of Closed Session: 12:40 P.M. to 12:45 P.M.) January 9, 2001 -18- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL January 9, 2001 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, January 9, 2001, at 2 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, l, Vtlham III Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor kVtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Absent Vtce Mayor V/tlham D Sessoms, Jr [OUT OF THE CITY- BANK MEETING] INVOCATION Reverend Ltnwood Peterson Baystde Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 9, 2001 Item V-E. - 19- CERTIFICATION OF CLOSED SESSION ITEM # 4 7599 Upon motton by Counctl Lady Parker, seconded by Councilman Jones, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meetmg requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to which this certification resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vice Mayor Wtlham D Sessoms, Jr and Wtlham W Harrtson, Jr January 9, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Vlrgima Beach City Councd convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 47598, Page 17, and m accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS. Section 2.1-344 of the Code of Vlrg~ma requires a certification by the governing body that such Closed Session was conducted ~n conformity with Vlrg~ma law NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Councd hereby certifies that, to the best of each member's knowledge, (a) only public bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certfficatlon resolution applies; and, (b) only such pubhc business matters as were ~dentlfied in the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rglma Beach City Council. Rffth Hodges S~m~th, MMC C~ty Clerk January 9, 2001 20- ~ ITEM # 47600 Counctl APPROVED the MINUTES seconded by Counctl Lady W~lson, C~ty Council Lady parker'RMAL sESSIONS of January 2, 2001. U on morton bY~..,~,,~,~lj AND FO ffinutes of the l~rv~' .... Voting 9~0 Counctl Members Vot~ng Aye cClanan ~abert C Mandlgo, dr, Henley, Loui. s R Mayor Meyera Branch, III, Margaret L Eure, Barbara M E Lmwood 0 v K par'kerr'rand Rosemary Wilson Oberndorf , Councd Members Voting Nay None Jr CounCd MemberS Absent Vtce Mayor Wtlltam D SessomS, Jr and Wtll~am W Harrison, January 9, 200 - 21 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 4 7601 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED Ordtnance re Breakers 'Inn for a temporary encroachment tnto Ctty's right-of-way at Ocean Avenue (1507 Atlanttc Avenue, LLC), re constructing and matntatnmg a balcony overhang January 9, 2001 - 22 - Item V-H. PRESENTATION ITEM # 4 7602 Mayor Oberndorf PROCLAIMED: January 9, 2001 CARL BRASHEAR DA Y Whtle servtng on the USS Trtpoh, tn 1953, Maser Chtef Petty Officer Carl Brashear became the first Afrtcan- Amertcan dtver tn U S Navy Htstory In March 1966 aboard the salvage trtp, USS Hotst, tn an herotc effort to save the hves of fellow satlors, Chtef Brashear suffered a devastattng tnjury to hts left leg resultmg tn a below-the-knee amputatton He underwent a rtgorous tratntng regtment Master Chtef Petty Officer, Carl Brashear, earned the dtsttngutshed tttle of Master Diver tn dune 1970, becomtng the first Afrtcan-Amertcan Master Dtver tn the Navy Master Chtef Petty Officer Brashear has recetved the Navy and Marme Corps Medal for herotsm tn savmg hves, has served hts country honorably and fatthfully from 1948 through hts rettrement tn 1979, and has been honored both by the Navy, as one of only seven enhsted people whose story has been told through an Oral Htstory at the U S Naval lnstttute, and by Hollywood, wtth the recently-released film, "Men of Honor," starrtng Oscar-winner Cuba Goodtng, dr, as Carl Brashear danuary 9, 2001 - 23 - Item V-I 1 a PUBLIC HEARING ITEM # 4 7603 Mayor Oberndorf DECLARED a PUBLIC HEARING TAX EXEMPTION: Carolanne Farm Swim Club, Inc. There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING January 9, 2001 - 24- Item V-I 1 b PUBLIC HEARING ITEM # 4 7604 Mayor Oberndorf DECLARED a PUBLIC HEARING TAX EXEMPTION: Coastal Conservation Association The followtng regtstered tn SUPPORT: Richard Welton, Executtve Director - Coastal Conservation Association of Vtrgtnta There bezng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING January 9, 2001 - 25 - Item V-I 1 c PUBLIC HEARING ITEM # 4 7605 Mayor Oberndorf DECLARED a PUBLIC HEARING TAX EXEMPTION: CAMG-A, CAMG-B, CAMG-C, CAMG-D, CAMG-E, CAMG-F, and CAMG-H, Inc The followtng regtstered tn SUPPORT: Kelly McDonald, Dtrector of Fmance -Commumty Alternattves and the affihated organtzattons There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING January 9, 2001 Item V-I. - 26- RES OL UTIONS/ORDINANCES ITEM # 4 7606 Upon motton by Counctlman Jones, seconded by Councdman Mandtgo, Ctty Counctl APPROVED IN ONE MOTION, Ordtnances 2a/b, 3, 4 and 5 of the CONSENTAGENDA. Votmg 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vice Mayor Wtlham D Sessoms, Jr January 9, 2001 Item V-l.l.a. -27- RESOL UTIONS/ORDINANCES ITEM # 47607 Upon motton by Councilman Branch, seconded by Counctlman Harrtson, City Counctl ADOPTED Resolutton to support legtslatton destgnattng the followtng benevolent corporatton EXEMPT re real and personal property state and local taxation: Carolanne Farm Swim Club, Inc. Votmg 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatmng Robert C Man&go, Jr Counctl Members Absent Vtce Mayor Wtlham D Sessoms, dr Counctlman Man&go DISCLOSED andABSTAINED as he ts a member of the Board ofBoard of Dtrectors of the Carolanne Farm Swtm Club and serves as the Asststant Treasurer Counctlman Man&go serves on a strtctly volunteer basts The Ctty Attorney has advtsed that he does not have apersonal tnterest tn the swtm club under the Vtrgtnta Confltct of Interests Act However, tn hght of hts assoctatton wtth the Swtm Club, he ABSTAINED January 9, 2001 3 4 and local property taxation all real and personal property owned by Carolanne Farm Swim Club, 3 5 Inc., that is located within the City of Virginia Beach and used exclusively for benevolent purposes 3 6 on a nonprofit basis. 37 38 January Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of ., 2001. CA7942 F:2)ataXATY~Ordin\NONCODE\carolanne farm taxexem.res.wpd January 3,2001 R-4 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Item V-I.l.b. - 28 - RESOL UTIONS/ORDINANCES ITEM # 4 7608 Rtchard Welton, Executive Dtrector- Coastal Conservatton Assoctatton of Vtrgtma Upon motton by Councdman Harrtson, seconded by Councd Lady Parker, Ctty Councd ADOPTED Resolutton to support legtslatton designating the following benevolent corporatton EXEMPT re real and personal property state and local taxation: Coastal Conservation Association Vottng 9-1 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham ~ Harrtson, dr, Barbara M Henley, Louts R clones, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Councd Members Vottng Nay Reba S McClanan Councd Members Absent Vtce Mayor Wtlham D Sessoms, Jr danuary 9, 2001 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY COASTAL CONSERVATION ASSOCIATION AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, Coastal Conservation Association has requested that the Council of the 8 C~ty of Virginia Beach adopt a resolution in support of its request that the General Assembly act ~n 9 accordance with Article X, § 6(a)(6) of the Constitution of V~rglma to designate the real and personal property of Coastal Conservation Association as being exempt from state and local real and personal property taxation; 12 WHEREAS, Coastal Conservation Association owns no real property in the City of Virginia Beach, and thus no real personal property taxes have been assessed against or paid by this organization in recent years; 15 WHEREAS, Coastal Conservation Association owns personal property in the City of Virginia Beach with an estimated value of $3,790.00, and taxes on this personal property in 2000 17 would be approximately $140.23; 18 WHEREAS, pursuant to § 30-19.04(B) of the Code of Virginia, the Council of the City of Virginia Beach has properly advertised and conducted a public heating prior to the adoption 2 0 of this resolution, giving all citizens an opportunity to be heard; 21 WHEREAS, the provisions of § 30-19.04(B) of the Code of Virginia have been 22 examined and considered by the Council of the C~ty of Vlrglma Beach; and 23 WHEREAS, the Council of the C~ty of Virgima Beach ~s of the opinion that Coastal 2 4 Conservation Association should be designated as a benevolent orgamzatlon within the context of 2 5 § 6(a)(6) of Article X of the Constitution of Virginia and that real and personal property located in 2 6 the City of Virginia Beach owned by Coastal Conservation Association and used by it exclusively 2 7 for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal 2 8 property taxation. 29 30 NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 31 That the Council of the City of Virginia Beach, Virginia hereby supports the 3 2 enactment of legislation designating Coastal Conservation Assomation as a benevolent orgamzat~on 3 3 within the context of § 6(a)(6) of Article X of the Constitution of Virgima and exempting from state 34 and local property taxation all real and personal property owned by Coastal Conservation 3 5 Association that is located within the City of V~rginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 37 38 January Adopted by the Council of the City of Virginia Beach, Virgima, on the 9th day of ,2001. CA7941 F:kData~TY~Ordin~lONCODE\coastal cons taxem.res.wpd January 3,2001 R4 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office Item V-I.l.c. - 29 - RES OL UTIONS/ORDINANCES ITEM # 4 7609 Kelly McDonald, Dtrector of Ftnance -Commumty Alternatzves and thetr affihated organtzattons Upon motton by Councilman Jones, seconded by Counctl Lady Parker, City Counctl ADOPTED Resolution to support legtslatton destgnattng the followtng benevolent corporatton EXEMPT re real and personal property state and local taxation: CAMG-A, CAMG-B, CAMG-C, CAMG-D, CAMG-E, CAMG-F, and CAMG-H, Inc. Voting 9-1 Counctl Members gottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay Margaret L Eure Counctl Members Absent Vtce Mayor Wtlham D Sessoms, dr January 9, 2001 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY CAMG-A, INC., CAMG-B, INC., CAMG-C, INC., CAMG-D, INC., CAMG-E, INC., CAMG-F, INC., AND CAMG-H, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, CAMG-A, Inc., CAMG-B, Inc., CAMG-C, Inc., CAMG-D, Inc., 10 CAMG-E, Inc., CAMG-F, Inc., and CAMG-H, Inc., have requested the Council of the City of 13. V~rg~nia Beach to adopt a resolution ~n support of their requests that the General Assembly act in accordance w~th Article X, § 6(a)(6) ofthe Constitution of Virginia to designate the real and personal 13 property of CAMG-A, Inc., CAMG-B, Inc., CAMG-C, Inc., CAMG-D, Inc., CAMG-E, Inc., 14 CAMG-F, Inc., and CAMG-H, Inc., as being exempt from state and local real and personal property taxation; 16 WHEREAS, CAMG-A, Inc., owns real property ~n the City of V~rginia Beach 17 assessed at $64,844 ~n tax year 2000-01, and taxes on th~s property are $791.10 in tax year 2000- ].8 2001; 19 WHEREAS, CAMG-B, Inc., owns real property ~n the City of Virginia Beach 20 assessed at $65,194 in tax year 2000-01, and taxes on this property are $795.38 in tax year 2000- 21 2001; 22 WHEREAS, CAMG-C, Inc., owns real property in the City of Virginia Beach 23 assessed at $68,012 in tax year 2000-01, and taxes on this property are $829.76 ~n tax year 2000- 24 2001; 25 WHEREAS, CAMG-D, Inc., owns real property in the City of Virginia Beach 26 assessed at $64,948 in tax year 2000-01, and taxes on th~s property are $792.38 in tax year 2000- 27 2001; 28 WHEREAS, CAMG-E, Inc., owns real property in the City of Virginia Beach 2 9 assessed at $99,528 in tax year 2000-01, and taxes on this property are $1,214 24 in tax year 2000- 30 2001; 3]. WHEREAS, CAMG-F, Inc., owns real property ~n the C~ty of V~rg~ma Beach 3 2 assessed at $93,624 in tax year 2000-01, and taxes on this property are $1,142.22 in tax year 2000- 33 2001; 34 WHEREAS, CAMG-H, Inc., owns real property in the City of Virginia Beach 3 5 assessed at $71,000 in tax year 2000-01, and taxes on this property are $866.20 in tax year 2000- 36 2001; 37 WHEREAS, none of these corporations currently own personal property in the City 3 8 of Virginia Beach, and thus no personal property taxes have been assessed against or paid by these 39 organizations in recent years; 40 WHEREAS, pursuant to § 30-19.04(B)of the Code of Virgima, the Council of the 41 City of Virginia Beach has properly advertised and conducted a public hearing prior to the adoption 4 2 of this resolution, giving all citizens an opportunity to be heard; 43 WHEREAS, the provisions of § 30-19.04(B) of the Code of Virg~ma have been 44 examined and considered by the Council of the City of Virginia Beach; and 45 WHEREAS, the Council of the City of Virginia Beach is of the opinion that CAMG- 46 A, Inc., CAMG-B, Inc., CAMG-C, Inc., CAMG-D, Inc., CAMG-E, Inc., CAMG-F, Inc., and 4 7 CAMG-H, Inc., should be designated as benevolent orgamzations within the context of § 6(a)(6) of 4 8 Article X of the Constitution of Virginia and that real and personal property located in the City of 49 Virginia Beach owned by CAMG-A, Inc., CAMG-B, Inc., CAMG-C, Inc., CAMG-D, Inc., CAMG- 5 0 E, Inc., CAMG-F, Inc., and CAMG-H, Inc., and used by them exclusively for benevolent purposes 51 on a nonprofit basis should be exempt from state and local real and personal property taxation. 52 53 NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 54 That the Council of the City of V~rginia Beach, Virginia hereby supports the 55 enactment of legislation designating CAMG-A, Inc., CAMG-B, Inc., CAMG-C, Inc., CAMG-D, 56 Inc., CAMG-E, Inc., CAMG-F, Inc., and CAMG-H, Inc., as benevolent organizations within the 57 context of § 6(a)(6) of Article X of the Constitution of Virginia and exempting from state and local 5 8 property taxation all real and personal property owned by CAMG-A, Inc., CAMG-B, Inc., CAMG- 59 C, Inc., CAMG-D, Inc., CAMG-E, Inc., CAMG-F, Inc., and CAMG-H, Inc., that is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of January, 2001. CA7940 F:\Data\ATY~Ordin\NONCODE\CAMG.res.wpd January 3,2001 R-4 APPROVED AS TO LEGAL SUFFICIENCY: ~ity Attomeys Office / ' 9 2.1-133.6 LINE OF DUTY ACT 9 2.1-133.6 CHAPTER 11.1. ~ OF Duty ACT. 2.1-133.6. Definitions. 2.1-133.7. Payments to beneficiar/es of cer- tain deceased law-enforcement of- ricers, firefighters, etc., and retir- 2.1-133.7:1. Continued health insurance cover- age for disabled employees, their spouses and dependents, and for the surviving spouse and depen- dents of certain deceased law-en- forcement officers, flrefighters, etc. 2.1-133.8. Clmm for payment. 2.1-133.9. Order of Comptroller. 2.1-133.10. Appeal from decim'on of Comptrol- ler. 9 2.1-133.6. Definitions. -- For the purposes of this chapter the following words shall have the following meanings: 'Beneficiary" means the spouse of the deceased and such person or persons as are entitled to take under the will of the deceased if testate, or as his heir at law if intestate. 'Deceased'' means any person whose death occurs on or after April 8, 1972, as the direct or proximate result of the performance of his duty, including the pres, mptions under 99 27-40.1, 27-40.2, 51.1-813, and 65.2-402, as a law- enforcement officer of this Commonwealth or any of its political subdivisions; a correctional officer as defined in 9 53.1-1; a jail officer; a region_~i_jail or jail farm superintendent; a sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the City of Richmond; a member of any fire company or department_ or rescue squad which has been recognized by an ordinance or a resolution of the governin~ body of any county, city or town of this Commonwealth as an integral part°of the officual safety program of such county, city or town; a member of the Virginia National Guard or the ~r~rginia State Defense Force while such member is serving in the Virginia National G~_,~ or the ~lr _gi~_'a State Defense Force on official state duty or federal duty under Title 32 of the United States Code; any special agent of the V'n~inia Alcoholic Beverage Control Board; any agent, investigator, or inspector vested with the power to arrest pursuant to 9 56-334; any regular or special game warden who receives compensation from a county, city or town or from the Commonwealth ap- pointed pursuant to the provisions of 9 29.1-200; any commissioned forest warden appointed under the provisions of 9 10.1-1135; any member or employee of the ~r~a Marine Resources Commission granted the power of arrest pursuant to 9 28.2-900; any Department of Emergency Management hazardous materials officer; any nonfirefighter regional hazardous materials emergency response team member; or any conservation officer of the Depart- ment of Conservation and Recreation commissioned pursuant to 9 10.1-115. _'Disabled employee'' meons any l~erson who, as the direct or proximate result of the perfo_rmance of his duty m any position listed in the definition of deceased in this section, has become mentally or physically incapacitated so as to prevent the further performance of duty where such incapacity is likely to be permanent. 'Line of duty" me~ns any action the deceased or disabled employee was obligated or authorized to perform by rule, regulation, condition of employ- ment or service, or law. (1995, cc. 112, 156, 597; 1996, cc. 66, 174; 1998, c. 712.) The 1996 amendments. -- The 1996 amendments by cc. 66 and 174 are identical, and inserted 'any Department of Emergency Services hazardous materials office~, any norrfirefighter regional lmzardous materials emergency response team member' near the end of the paragraph defining "Deceased." The 1998 amendment, effective July 1, 2000, added the paragraph deS-;-g 'Disabled employee' and in the paragraph deAn;-g ~ of duty" inserted 'or disabled employee.' 133 - 30- Item V-l. 2. a/b. RES OL UTIONS/ORDINANCES ITEM # 4 7610 Upon motton by Counctlman Jones, seconded by Counctlman Man&go, City Counctl ADOPTED Resoluttons to request the 2001 General Assembly Consider legtslatton to tnclude Vtrgtma Beach Police Chaplains wzthtn the "death benefit" provtstons of Vtrgtnta 's "Line of Duty Act" (Requested by Mayor OberndorJ) Estabhsh a Commission to pursue fundtngfor the construction of interstate-type tmprovements to Route 460 between Suffolk and I- 295 and that the Commission be composed of Members of the General Assembly from the jurtsdtcttons affected by the tmprovements, representatives of local government, apphcable Planntng Dtstrtct Commtsstons, the Ports of Vtrgtnta, the Vtrgmta Department of Transportatton (VDOT), and other tnterested parttes (Requested by Counctlman clones) Votmg 10-0 (By ConsenO Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, dr January 9. 2001 Requested by Mayor Meyera E. Oberndorf A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ADOPT LEGISLATION THAT WOULD COVER VIRGINIA BEACH POLICE CHAPLAINS UNDER THE "DEATH BENEFIT" PROVISIONS OF VIRGINIA'S "LINE OF DUTY ACT" WHEREAS, Virginia Beach police chaplains routinely work 7 side-by-side with our police officers, assisting the officers in 8 their efforts to enforce the law and maintain the public peace and 9 good order; 10 WHEREAS, in light of the assistance they provide, 11 Virginia Beach police chaplains have been recognized and 12 acknowledged in § 2-4 of the City Code as being "an integral part 13 of the official public safety program of the city"; 14 WHEREAS, pursuant to Virginia's "Line of Duty Act," a 15 monetary payment ("death benefit") is provided to the beneficiary 16 of certain persons, such as law enforcement officers and 17 firefighters, who are killed in the line of duty, "in gratitude for 18 and in recognition of [the deceased's] sacrifice on behalf of the 19 people of this Commonwealth"; 20 WHEREAS, even though Virginia Beach police chaplains, by 21 working side-by-side with police officers, are often exposed to the 22 same job-related hazards to which police officers are exposed, they 23 are not covered under the "Line of Duty Act"; and 24 WHEREAS, in recognition of the valuable and necessary 25 services provided to the City of Virginia Beach by its police 26 chaplains, City Council believes that in the event a Virginia Beach 27 police chaplain is killed in the line of duty, his or her 28 beneficiary should receive the "death benefit" provided under the 29 "Line of Duty Act." 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH: 32 That City Council hereby requests the General Assembly to 33 adopt legislation that would cover Virginia Beach police chaplains 34 under the "death benefit" provisions of Virginia's "Line of Duty 35 Act." 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia on the 9~h day o f January , 2001. CA-7955 ORDIN\NONdODE\LINE OF DUTY ACT.RES JANUARY 3, 2001 R6 ity o£ Virginia Beach OFI:IGE OF ~ CHIEF OF POt. ICE OEPARTMENT OF POt. ICE MUNK~P~I. CENTER BUILJ)II~ 11 VII~(~NL~ BEACH. ~ 2~IM4M4 December 14, 2000 Delegate Leo Wardrup 4966 Euclid Road Virginia Beach, Va~ 23462 Dear Sir: Attached Material Proposed Legislation State Code, Sec. 2.1-133.6 Please include Law Enforcement Chaplain Programs, Public Safety Chaplain Programs, Community Services Officers and Virginia State Police Motorist Assist Officers in coverage by the Line of Duty Act, State Code Section 2.1-133.6, Definitions. In Virginia Beach our Law Enforcement Chaplains walk beats with Police Officers on our resort strip all summer and ride in patrol vehicles or drive vehicles on city business all year arountk Their principal duties are to quell people problems before they become violations of law and helping in keeping the peace. They do this by applying the training they have received in special intervention techniques to calm those involved in confrontation situations between citizens and citizens or citizens and police. They also wear a highly recognizable uniform which identifies them as "CHAPLAIN" distinctly different from our police uniforms. If the Chaplains cannot bring the problem to a resolution and the Police must intervene, then the Chaplains form a pocket of protection around the officers and the problem to keep onlookers out of it and keep the officers safe from intervention by intruders. Our Chaplains are an integral part of the official safety program of our city. In many circumstances a Chaplain is the quickest assistance available to a police officer. During their regular duty Chaplains accompany police officers into whatever situation the police officer is called upon to handle and renders assistance to the officer and victims or participants as needed. Our Law Enforcement Chaplains are thoroughly trained to act in these situations. The Chaplains have been very successful in meeting the need for which their aid was solicited. Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector. Delegate Leo Wardrup December 14, 2000 Page Two This is neither an unreasonable nor unrealistic request. In the past twenty four years at least two Chaplains have been killed in the line of duty while working with and for law enforcement agencies, one in Detroit and one in San Diego. Both were shot to death, one along with the Deputy with whom the Chaplain was working. These Chaplains are asked to lay their safety on the line for the peace and safety of our Police Officers and citizens. They can be in as much danger as Police Officers, Auxiliary Police Officers, Volunteer Firefighters and Volunteer Rescue Squad Personnel. These are included in the Line of Duty Act but Chaplains are not. In our City the Chaplains were requested by the City Government to serve in this peacekeeping role with the Police Department. Death is just as final no matter the position one holds, whether Police, Firefighter, Rescue Personnel or Chaplain. The attached section of the City Code plainly states the Chaplains and Chaplain Aides to be recognized as part of the Public Safety Program of our City. It it with the deepest respect that I request you work for these additions to the list of covered personnel in this law. Even if we never have need to use these benefits, we will be eternally grateful. Thank you for your consideration in this matter. Sincerely, Donald R. Staton, Chaplain Chaplain Director A. M. J~ocks, Jr. Chief ~)f Police Attachments: Virginia Beaach Code Sec. 2-4 State Code Sec. 2.1-133.6 Mr. L. L. Lilley, City Attorney Ms. Kathy Rountree, Office of the City Attorney Mr. R. R. Mathias, Office of the City Manager Sec. 2-4. Recogition of police, fire companies and rescue squads as part of public safety progragm. In gratitude to and in recognition of the valuable and necessary services performed by police, fire companies and rescue squads and the individual members thereof, both professional and volunteer, which service the city, the following police agencies and chartered fire companies and rescue squads are recognized and acknowledged to be an integral part of the official public safety program of the city, and the volunteer members of these police, and chartered and nonchartered fire companies and rescue squads, shall be deemed employees for the purposes of the Virginia Workers' Compensation Act: Blackwater Volunteer Fire Department and Rescue Squad, Incorporated Chesapeake Beach Volunteer Fire and Rescue Department, Incorporated. Creeds Volunteer Fire Department and Rescue Squad, Incorporated. Davis Corner Volunteer Fire Department and Rescue Squad, Incorporated. Green Run Volunteer Fire Company. Kempsville Volunteer Rescue Squad, Incorporated. London Bridge Volunteer Fire Department, Incorporated Ocean Park Volunteer Fire and Rescue Unit, Incorporated. Oceana Volunteer Fire Department, Incorporated. Plaza Volunteer Fire Company and Rescue Squad, Incorporated Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Incorporated Sandbridge Rescue and Fire, Incorporated. Thalia Volunteer Fire Department, Incorporated. Virginia Beach ^uxiliary Police Virginia Beach Borough Volunteer Fire Department, Incorporated. Virginia Beach Rescue Squad, Incorporated. Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains' Aides. Virginia Beach Volunteer Water Rescue Team. City of Virginia Beach, Department of Emergency Medical Services MEYEI~ E. ~RNDORF December f 4, 2000 The Honorable Leo C. Wardrup, House of Delegataa P. O. Box 52t~$ Virginia Beach VA 23455 Dear Delege~p: I want to respeotfully requeet that you pureue leglalation giving death In the line of duty benefits to police chaplains and seleeted other~. Ourpolice cheplalna are an integral pert of our law enforcement efforta and provide fltvaluable aeeletance to the Vlff21nla Beach Police Department. Certainly their work at the oceanfront during the aummertlme ~aalatillg In cooling off explosive ~ltuatlons la the moat notable uf their activttfea. However, there are Innumerable other aotlon$ that they pmvlde ell year long. Theae year. round eetlvitlea often place them in the ~ame '1~arm= way" aa our regular po#ce offlcere end they de~etYe to be covered by the Line of Duty Act. Thank you for your attention to thla request. If there ia anyway we oan a$~lst you during the upcoming Oeneral Assembly, please let me know. Sincerely, emdor[ Mayor MEO/RRM/Ijo 0: The Honorable Membera of Council Jame~ K. 8porn Chlef A. M. Jacocka, Jr. Rober~ R, Matthlea Requested by Councilmember Louis R. Jones A RESOLUTION REQUESTING THE 2001 GENERAL ASSEMBLY TO ESTABLISH A COMMISSION TO PURSUE FUNDING FOR THE CONSTRUCTION OF IMPROVEMENTS TO ROUTE 460 BETWEEN SUFFOLK AND INTERSTATE 295 WHEREAS, Route 460 between Suffolk and 1-295 is a four- lane non-divided highway heavily utilized by large trucks; WHEREAS, this section of highway is inadequate for existing traffic, and this inadequacy contributes to an exceptionally-high accident rate; WHEREAS, this section of Route 460 was identified by the Metropolitan Planning Organization of the Hampton Roads Planning District Commission as one of its high-priority projects for funding; WHEREAS, improvements to Route 460 will provide alternative access to South Hampton Roads and relieve congestion on 1-64 on the Peninsula; WHEREAS, an improved Route 460 will also provide a viable alternative hurricane evacuation route for South Hampton Roads and Northeastern North Carolina, thereby reducing our reliance on 1-64 and the currently overburdened crossings of Hampton Roads; and WHEREAS, exceptional efforts are needed to bring attention to this much-needed transportation project. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby requests the General Assembly to establish a Route 460 Commission, similar to the Third Crossing Commission established in the 2000 Session, to pursue funding for the construction of interstate-type improvements to Route 460 between Suffolk and 1-295; and Item V-I. 3. -31 - RES OL UTIONS/ORDINANCES ITEM # 4 7611 Upon motton by Counctlman Jones, seconded by Councdman Mandtgo, Ctty Counctl ADOPTED Ordtnance to TRANSFER $250,000 from vartous projects wtthtn the School's FY 2001-2006 Capttal Improvement Program (CIP) to Creeds Elementary School Modernization. Voting 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary WtIson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr January 9. 2001 AN ORDINANCE TO TRANSFER $250,000 FROM VARIOUS PROJECTS WITHIN THE SCHOOL'S SECTION OF THE FY 2001-2006 CAPITAL IMPROVEMENT PROGRAM TO PROVIDE FUNDING FOR THE COMPLETION OF CIP PROJECT #1-214, CREEDS ELEMENTARY SCHOOL MODERNIZATION WHEREAS, Creeds Elementary School has been undergoing a 9 major modernization which started in June 1999; 10 WHEREAS, during this modernization, asbestos at levels 11 above those anticipated was encountered; 12 WHEREAS, in light of this unanticipated problem, 13 additional funding in the amount of $250,000 is necessary to 14 maintain the schedule for modernization of Creeds Elementary 15 School; and 16 WHEREAS, within the School's section of the CIP, the 17 following projects have funding available to complete the 18 modernization of Creeds Elementary School: 19 1. CIP Project #1-063, Indoor Air Quality Improvements, 20 $150,000; 21 2. CIP Project #1-081, Plaza Elementary School Addition, 22 $35,000; 23 3. CIP Project #1-089, Point O'View Elementary School 24 Addition, $30,000; and 25 4. CIP Project #1-199, Princess Anne High School/Fire 26 Restoration/Addition, $35,000. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 29 1. That funds in the amount of $250,000 are hereby 30 transferred from the following School CIP Projects within the FY 31 2001-2006 Capital Improvement Program to CIP Project #1-214,Creeds 32 Elementary School Modernization, for the purpose of completing the 33 modernization of Creeds Elementary School: 34 1. CIP Project #1-063, Indoor Air Quality Improvements, 35 $150,000; 36 2. CIP Project #1-081, Plaza Elementary School Addition, 37 $35,000; 38 3. CIP Project #1-089, Point O'View Elementary School 39 Addition, $30,000; and 40 4. CIP Project #1-199, Princess Anne High School/Fire 41 Restoration/Addition, $35,000. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 th day of January ..... , 2001. 44 45 46 47 48 49 50 Requires an affirmative vote by a majority of the members of City Council. CA7956 F: \Data\ATY\Ordin\NONCODE\creeds elem. ord. wpd December 29, 2000 R-3 51 52 Approved as to Content: 54 /Management-services- Approved as to Legal Sufficiency: ~e 'X IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS WHEREAS, Creeds Elementary School has been undergoing a major modernization which started in June 1999, and WHEREAS, the Creeds project has encountered unforeseen asbestos above and beyond what was anticipated during the course of renovation, and WHEREAS, transfers between capital projects are required in order to properly manage and complete the Creeds project as originally proposed, now therefore be it RESOLVED: That the School Board requests that City Council approve the transfers outlined as follows: Frnm Amount Tn CIP 1-063 Indoor Air Quahty Improvements $150,000 CIP 1-214 Creeds Elem. School Modernization CIP 1-081 $ 35,000 Plaza Elem. Addition CIP 1-214 Creeds Elem. School Modernization CIP 1-089 $ 30,000 Point O'View Elem. CIP 1-214 Creeds Elem. School Modermzat~on CIP 1-199 Princess Anne High F~re $ 35,000 CIP 1-214 Creeds Elem. School Modernization RESOLVED: That a copy of this resolution be delivered promptly to each member of City Council, the City Manager, and the City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach December 5, 2000 SEAL Daniel D. Edwards, Cll~drfi~aa .. Attest: Dianne P. Alexander, Clerk of the Board School Admimstration Budding · 2512 George Mason Drive · R O. Box 6038 ° Virginia Beach, VA 23456-0038 Item V-I. 4. - 32 - RESOL UTIONS/ORDINANCES ITEM # 4 7612 Upon motton by Counctlman Jones, seconded by Counctlman Man&go, Ctty Counctl ADOPTED Ordtnance to authortze a temporary encroachment into a portton of the Ctty's extsttngproperty known as Kempes Lake at 5212 Overland Court to DA VID J. AND ANNE Y. MORRIS re construction and matntenance oJ a wooden pter wtth stone rtp rap The followtng condtttons shall be requtred The temporary encroachment will be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty's spectficattons and approval The temporary encroachment termtnates upon nottce by the Ctty to the Grantee, and that wtthm thtrty (30) days after the nottce ts gtven, the Temporary Encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wtll bear all costs and expenses of such removal The Grantee shall mdemmfy and hold harmless the Ctty, tts agents and employees, from and agatnst all clatms, damages, losses and expenses tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment It ts understood and agreed that nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied herein and to the hmtted extent spectfied herem, nor to permit the matntenance and constructton of any encroachment by anyone other than the Grantee 5 The Grantee agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The Grantee must obtam a permtt from the Office of Development Services Center/Planntng Department prtor to commenctng any constructton wtthm the encroachment area Prtor to tssuance ora rtght-of-way permtt, the Grantee must post surettes, tn accordance wtth thetr Engtneer's cost esttmate, to the Office of Development Servtces Center/Planmng Department The Grantee must obtatn and keep tn force all-rtskproperty msurance and general habthty or such insurance as ts deemed necessary by the Ctty, and all msurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The Grantee also agrees to carry comprehenstve general habdtty tnsurance tn an amount not less than $500,000, combined stngle hmtts of such tnsurance pohcy or pohctes The Grantee will provtde endorsements provtdmg at least thtrty (30) days wrttten nottce to the City prior to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment 9 The temporary encroachment must conform to the mtmmum setbacks requtrements, as estabhshed by the Ctty January 9, 2001 Item V-I. 4. - 33 - RESOLUTIONS/ORDINANCES ITEM # 47612 (Continued) 10 11 The Grantee must submtt for revtew and approval, a survey of the encroachment area, certtfied by a regtstered professtonal engtneer or a hcensed land surveyor, and/or "as butlt" plans of the encroachment sealed by a regtstered professtonal engmeer, tf requtred by etther the Ctty Engtneer's Office or the Engtneertng Dtvtston of the Pubhc Utthttes Department The Ctty, upon revocation of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee, and collect the cost tn any mannerprovtded by law for the collection of local or state taxes, may requtre the Grantee to remove the temporary encroachment, and pendtng such removal, the Ctty may charge the Grantee for the use of the encroachment area, the eqmvalent of what would be the real property tax upon the land so occupted tf tt were owned by the Grantee, and tf such removal shall not be made wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty may impose a penalty tn the sum of One Hundred Dollars ($I00) per day for each and every day that the temporary encroachment ts allowed to continue thereafter, and may collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng I 0-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent Vtce Mayor Wdham D Sessoms, Jr January 9, 2001 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S EXISTING PROPERTY KNOWN AS KEMPES LAKE LOCATED AT THE REAR OF 5212 OVERLAND COURT BY DAVID J. MORRIS AND ANNE Y. MORR I S, HUSBAND AND W I FE, THE I R HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, David J. Morris and Anne Y. Morris, husband and wife, deszre to construct and maintain a wooden pmer and stone rip rap into the City property known as Kempes Lake, located at the rear of Parcel B, Section 4, Subdivision of Kempsville Heights; and WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE 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 ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, David J. Morris and Anne Y. Morris, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a wooden pier and stone rip rap into the City property known as Kempes Lake, located at the rear of Parcel B, Section 4, Subdivision of Kempsville Heights, as shown on the plat entitled: "PROPOSED RIP P~AP AND PIER IN KEMPES LAKE VIRGINIA BEACH, VA. APPLICANT' DAVID J. MORRIS SHEET 1 OF 3" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach David J. Morris and Anne Y. Morris; and 36 37 38 39 40 41 42 43 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as David J. Morris and Anne Y. Morris and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9thday of January , 2001. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL PREPARED BY VIRGINIA BEACI ! CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-8 ! l(a)(3) AND 58 1-81 I(cX4) REIMBURSEMENT ALryHORIZED UNDER SEC YION 25-249 , 2000, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID J MORRIS AND ANNE Y MORRIS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one WITNESSETH That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel B, Subdivision of Property in Kempsviile Heights, Section 4, Kempsville Borough - Virginia Beach, Va" as recorded in Map Book 71, at Page 30, in the Clerk's Office of the Circuit Court of the City of Virginia Beach and being further designated and described as 5212 Overland Court, Virginia Beach, Virginia 23462-3607. GPIN 1467-60-4993, and That, WHEREAS, it is proposed by the Grantee to construct and maintain a wooden pier and stone rip rap, "Temporary Encroachment", in the City of Virginia Beach, and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Kempes Lake located at the rear of property known as 5212 Overland Court, Virginia Beach, Virginia 23462-3607, "The Temporary Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment witlun The Encroachment Area GPIN 1467-60-4993 NOW, THEREFORE, for and in consideration of the prenuses and of the benefits accruing or to accrue to the Grantee and for the further constderation of One Dollar ($1 00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment It is expressly understood and agreed that the 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's specifications and approval and is more particularly described as follows, to wit A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled "PROPOSED RIP RAP & PIER IN KEMPES LAKE VIRGINIA BEACH, VA APPLICANT DAVID J MORRIS SHEET 1 OF 3," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall indemni~ and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in ease it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the 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 Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the Office of Development Services Center/Planning Department It is further expressly understood and agreed that the Grantee must 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 Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000 00, combined single limits of such insurance policy or policies The Grantee will 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 Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Encroachment sealed by a registered professional engineer, 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 City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment, and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee, and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes IN WITNESS WHEREOF, David J Morris and Anne Y Morris, husband and wife, the said Grantee have caused this Agreement to be executed by their signatures and seals duly affixed Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by ~ts City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST City Clerk David J Morris ~ne Y'Morr~ t APPROVED AS TO LEGAL S UFFI~ I CITY ATTO~qE~ C ./~,~T~APPROVED AS TO CONTENT Ykl~ ESTATE AGENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of .... ,2000, by , , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER Notary Public My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit. The foregoing instrument was acknowledged before me this day of ...... ,2000, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH Notary Public My Commission Expires CITY/COUNTY OF . A~OR~O~, to-wit The foregoing instrument was acknowledged before me this ,2000, by David J Morris and Anne Y Morris c~ ~>' day of My Commission Expires I~/Commission Expires December 31,2004 C~3 © LOCATION MAP SCALE · 1" -- 1,600' WAY lION © © LOCATION AREA 5212 MAP SHOWING OF ENCROACHMENT DAVID J. MORRIS AT OVERLAND COURI FOR SCALE: 1" -- 150' PREPARED BY P/VV ENG. DRAFT. 06-DEC-200~ TIE OOVN OlHENSiO#S CON.HOUSE/STAKE V/FLAG g TOP OF STONE A TO STA. 0+00 ' 79.2' A TO srA. 0-50 - 52.2' A T~ STA. 1'00 ' 70.1' A TO STA. 1'50.$' ' . TO STA. 0'00 · 92.2' B TO STA. 0*50 ' q7.5' i TO STA. 1'00 ' 38.8' B TO STA. 1'50.6 · 76.5' PROPOSED RIP RAP 150 LIN.FT. STAKE V/FLAG TOP OF STONE ,q PURPOSE: EROSION CONTROL OA~UH: LAKE ELEVATION AOJACEN~ PROP~fRTY OYNERS ZOq OA~NGAT~ TUBN SZO0 Ov[n~NO Ct IPROPOSED · PIER I mm __ CONST.ACCESS . d VICINITY HAP STAKE V/FLAG I~TY BRICK ~XtST. DETeRIORATeD -- m m ~)mmmmmm) mm m -- S83°26'V 268.50' L ~~__-dCO#ST.ACCESS OVERLAND COURT 50'RV EXHIBIT "A" PLOT PLAN iiii I APPLICANT' DAVID J. HORn,S 5212 OVERLAND COURT VlnGINI BEACH,VA.Z3502 AGENT' KEN THOMPSON CONSULTANT 3705 BOSUN DRIVE CHESAPEAKE,VA.23321 I PROPOSED RIP RAP & PiER IN KEHPES LAKE VIRGINIA BEACH,VA. APPLICANT' DAVID J. MORRIS SHEET I OF 3 ~Ev.7/Z~/00 Item V-I. 5. - 34- RES OL UTIONS/ORDINANCES ITEM # 4 7613 Upon motton by Counctlman Jones, seconded by Councilman Man&go, Ctty Counctl APPROVED: REFUNDS: a License - $ 31,821.30 b Lodging - $18,092.41 c Meals - $11,371.96 d Tax - $ 1,480.37 Vottng 10-0 (By Consent) Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones', Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, dr January 9, 2001 I FORM t,lO C A 8 REV 3188 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 INTEREST TOTAL YEAR PAID BEACH EYE CARE INC BREEDEN & SILVER dlST CORP BROWN CHARLES W & CYNTHIA D CENTURY REALTY OF TIDEWATER INC CLARKE GRAY BAKER CRAFFORD MARK B & ASSOC PC EIGHTEEN SOUTHWEST INC ENTERPRISE RENT-A-CAR OF NORFOLK/RICHMOND F WAYNE MCLESKEY GROUNDWATER TECHNOLOGY INC GUPTA AJAY K H & R BLOCK EASTERN TAX SERVICES HAL W BREEDLOVE OD PC HARRELL & HARRELL INC JOPPA MAINTENANCE CO INC LETS GO TRAVEL INC MORGAN L L C PICTURE ME PERFECT COMP IMAGES PLATINUM GROUP INTERN LTD THE RTR INC RUNNYMEDE CORP THE SEA QUENTIAL BUSINESS SYSTEMS STERLING MEADOWS FARM INC VIRGINIA BEACH MARBLE COMPANY 2000 08107100 60 18 2 00 62 18 2000 07/26/00 49 33 2 05 51 38 12/01/00 AUDIT 220 36 18 36 238 72 12/06/00 AUDIT 636 85 51 75 688 K0 12/05/00 AUDIT 141 72 20 90 162 62 12/06/00 AUDIT 921 64 194 07 1,115 71 2000 04112100 200 00 16 66 216 66 12/06/00 AUDIT 226 27 18 85 245 12 2000 02/25~00 155 84 12 98 168 82 2000 06/02/00 14 16 0 70 14 86 12/01/00 AUDIT 57 60 29 47 87 07 12105100 AUDIT 370 09 64 72 434 81 12/05100 AUDIT 341 53 109 20 450 73 11/30100 AUDIT 414 04 122 01 536 05 09~08~00 AUDIT 671 96 105 07 777 03 12107/00 AUDIT 20 00 1 75 21 75 2000 02/17/00 45 46 3 78 49 24 2000 05/05/00 54 95 3 20 58 15 1997-1999 02~04~00 63 29 5 27 68 56 2000 03/01/00 141 05 10 56 151 61 12101100 AUDIT 18,284 36 4.782 45 23,066 81 2000 12/12/00 225 29 0 00 225 29 12/06/00 AUDIT 20 00 2 58 22 58 11/30100 AUDIT 2,622 83 284 12 2,906 95 o~mm'~'slo~t~e Revenue ~CIty A'tiorney's Office Th~s ordinance shall be effective from date of adopbon The above abatement(s) totahng C~ty of V~rg~nla Beach on the 31,821 30 were approved by the Council of the day of _ _ Jan9ary ,20 O1 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LODGINGTAX 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 lodging tax refunds, upon cert~ficabon of the Commissioner of the Revenue are hereby approved' NAME LODGING TAX DATE BASE INTEREST o TOTAL YEAR PAID CLEARWATER INVESTMENT ASSOC LP CAVALIER HOTEL CORP 1997-1999 11/22/00 570 76 0 00 570 78 1997-1998 11/01/00 17,521 65 0 00 17,521 65 This ordinance shall be effecbve from date of adopbon The above abatement(s) totaling C~ty of Virginia Beach on the $18,092.41 PR~hp J ~ellam '"-- Commissioner of the Revenue City Attorney were approved by the Council of the day of January ,20 O1 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING MEALS TAX 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 apphcations for meals tax refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME MEALS TAX DATE BASE INTEREST o TOTAL YEAR PAID CLEARWATER INVESTMENT ASSOC LP LEONARD, MINDY LEIGH 1997-1999 11/22/00 11,367 18 0 O0 11,367 18 2000 08/10/00 4 78 0 O0 4 78 This ordinance shall be effecbve from date of adoption The above abatement(s) totahng City of Virginia Beach on the $11,371 96 Philip J ~ellar~ - - Commissioner of the Revenue ~'Lesl~_ Lflley C~ty Attorney were approved by the CouncIl of the day of Janua~L-'¥ ,20 O] Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved' Tax Type Ticket Exoneration NAME Year of Tax Number Number Date Paid Penalty Int. Total Housworth, Davtd& Debra 2000 Schulze, John M & Arhne V 1997 Schulze, John M. & Arllne V. 1997 Schulze, John M. & Arhne V. 1998 Schulze, John M. & Arhne V. 1998 Schulze, John M. & Arline V. 1999 Schulze, John M. & Arline V. 1999 Irvin, James S. & Kane, Delaura L. 1998 Irvin, James S. & Kane, Delaura L. 1998 Irvin, James S. & Kane, Delaura L. 1999 Irvin, James S & Kane, Delaura L. 1999 Irvm, James S. & Kane, Delaura L 2000 Irvm, James S & Kane, Delaura L. 2000 Buckner, Shirley A 2001 Miller Enterprises Inc. 2000 Miller Enterprises Inc. 2000 Evans, Gregory 1996 McIntyre, James Matthew III 1996 RE(2/2) 00-140525-0 EA RE(l/2) 97-107755-4 EA RE(2/2) 97-107755-4 EA RE(I/2) 98-108416-2 EA RE(2/2) 98-108416-2 EA RE(I/2) 99-109319-7 EA RE(I/2) 99-109319-7 EA RE(l/2) 98-059961-9 EA RE(2/2) 98-059961-9 EA RE(l/2) 99-060356-6 EA RE(2/2) 99-060356-6 EA RE(I/2) 00-061064-5 EA RE(2/2) 00-061064-5 EA AL 01450 PT 571559 PT 571560 PP(I/2) 96010694309 PP(I/2) 96011485694 05/25/00 237 17 I 1/18/96 34 77 05/19/97 34.77 11/25/97 34 77 05/19/98 34 77 11/18/98 34.77 09/14/99 34.77 11/25/97 174 41 05/19/98 174 41 11/18/98 149.93 05/13/99 149 93 11/19/99 147.40 05/11/00 147 40 11/24/00 10 00 11/04/00 20 00 10/12/00 20.00 12/14/00 15 50 11/06/00 25 60 TOTAL: $1480.37 This ordinance shall be effective from date of adoption The above abatement(s) totaling $1480.37 were approved by the Council of the City of V_~rglma Beach on the 9 day of Januarad,_2001 Ruth Hodges Smith City Clerk Appt F- Atkms~, Tre~"~J ~ved as to form: - 35- Item V-K. PLANNING ITEM # 4 7614 1.FRANK T. WILLIAMS FARMS VARIANCE CONDITIONAL USE PERMIT 2. STEVE HALL VARIANCE 3. RONALD AND ELIZABETH A. KOEBLER VARIANCE 4. STEPHEN HERRITT VARIANCE 5. RCR MANAGEMENT COMPANY, INC. MODIFICATION TO THE GREEN R UN LAND USE PLAN 6. HITT ELECTRIC CORPORATION CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT January 9, 2001 - 36- PLANNING ITEM # 4 7615 Upon motton by Counctlman Jones, seconded by Councilman Mandtgo, Ctty Counctl APPROVED in ONE MOTION Items 2, 3, 4 and 6 of the PLANNING AGENDA Vottng 10-0 (By Consent) Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, dr danuary 9, 2001 -37- Item V-K. 1. PLANNING ITEM # 4 7616 Attorney Edward Bourdon, Phone 499-8971, represented the apphcant Frank Scanlon, Dtrector of Envtronmental Health -Vtrgtnta Beach Department of Pubhc Health, dtscussed the Puraflo System and wtll hold a workshop for the Agrtcultural Advtsory Commtsston A motton was made by Counctl Lady Henley, seconded by Counctl Lady Parker to DEFER the apphcatton of FRANK T. WILLIAMS FARMS for property on the east stde of Prmcess Anne Road, south of Old Pungo Ferry Road Vartance to reduce mtntmum pavement wtdth for the tntertor roads of the development from the requtred 30 feet to 24 feet, and Condtttonal Use Permtt for an Alternattve Rural Restdenttal Development This DEFERRAL wtll be dependent upon recetpt of the Health Department's evaluatton relattve the determtnatton of the lot stze required, the destgn and where they wtll be located Upon SUBSTITUTE MOTION by Counctlman Harrtson, seconded by Counctl Lady Wtlson, Ctty Counctl APPROVED apphcatton of FRANK T. WILLIAMS FARMS forproperty on the east stde of Prtncess Anne Road, south of Old Pungo Ferry Road Vartance to reduce mtntmum pavement wtdth for the tntertor roads of the development from the requtred 30feet to 24feet, and Condtttonal Use Permtt for an Alternattve Rural Restdenttal Development Appeal to Dectstons of Admtntstrattve Officers tn regard to certain elements of the Subdtvtston Ordinance and Ctty Zonmg Ordinance, Sub&vtston for Frank T Wtlhams Farms Property ts located on the east stde of Prtncess Anne Road, 300feet more or less south of Old Pungo Ferry Road (GPIN #2309-73-5629, #2309-93-1026, #2309-93-7637, #2319-22-3454, #2319-04-2543, #2309-85-93 70, #2309-95-5853, #2319-16-9062, Part of#2319-17-921 O) PRINCESSANNE- DISTRICT 7 AND, ORDINANCE UPONAPPLICA TION OF FRANK T WILLIAMS FARMS FOR A CONDITIONAL USE PERMIT FOR AN ALTERNATIVE RESIDENTIAL DE VEL OPMENT R 01013022 BE IT ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Orchnance upon apphcatton of Frank T Wtlhams Farms for a Con&ttonal Use Permtt for an Alternattve Restdenttal Development on certatn property located on the east stde of Prtncess Anne Road begtnntng at a potnt 300 feet more or less south of Old Pungo Ferry Road (GPIN #2309-73-5629, #2309-93-1026, #2309-93-7637, #2319- 22-3454,#2319-04-2543, #2309-85-9370, #2309-95-5853, #2319-16- 9062, Part of#2319-17-9210) Satd parcel contams 455 acres more or less PRINCESS ANNE - DISTRICT 7 The followtng conditions shall be reqmred An easement covertng the subject property outstde of the area shown for the 46 lots oii ,,,= ~,=,,,,.,.,,y .,...,,.o,o,, plan ---.~_.~l_JttB ......~ ......T ----J .... ti L__ P_II .... . ........... ._~_. ......... [___ o .~n shall be submttted as a component of the final subdtvtston plat, and shall be recorded m the Clerk ¢ Office of the Circuit Court The easement shall restrtct the use of these areas to open space and agrtcultural uses The content and form of such instrument shall be acceptable to the City Attorney The extsttng dwelhng on the subject property fronttng Morrts Neck Road must be removed prtor to recordatton of the 46 new lots Iffewer lots are created, the extsttng dwelhng may rematn However, tn no event shall more than 46 dwelhngs extst on the subject property 3 Offstte dratnage easements must beprovtdedprtor to subdtvtston approval January 9, 2001 Item V-K. 1. - 38- PLANNING ITEM # 4 7616 (Continued) 10 11 50-fo buffe A ot vegetated Plait, shall be installed along ail restdenttal property hnes where they abut an acttve agricultural operatton Such buffer shall constst of a row o_f Vtrgtnta ptnes and a row of wax myrtle shrubs The requtred buffers shall be planted prtor to occupancy of the restdenttal lots The street frontage buffer along Prtnces Anne Road should constst of the landscape features and berm deptcted on the plan entttled, "Conceptual Landscape Plan of Pungo Ferry Landtng" by Porterfield Destgn Center, dated 10-11-00 The buffer shall conttnue along the southern property hne to the wood hne as shown on the plan The dtvtded entrance shall be landscaped as deptcted on the landscape plan - -' ..... ~ _ _, _L .... LgUUV~ _ ,.~,,,,~ ,~,. entttled, "Landscape Plan" by Carlton Goodwtn dated June 20, 2000 A 1 O-foot pedestrtan tngress/egress easement shall be provtded along the matn access road as deptcted on the prehmtnary subdtvtston plan Intersectton improvements shall be tnstalled as deptcted ~,,, t.! ~tttttt.~.t y 3uou, v,a,ott aii ,.~,,,~,~ .oow on the prehmma~_ subdtvtston plan entttled, "Pungo Fern_ Landing", bY Gallup Surveyors and Engineers dated November 8, 2000 A one-foot no regress~egress easement ts required along Prmcess Anne Road wtth the exceptton of the access pomt for the development These condtttons shall be noted on the final plat, construction plans and tn&vtdual stte plans To the extent permtttable bY the Department of Pubhc health, those lots whtch do not quah_~_ _for a standard septic SYstem (one acre lots) and would otherwtse use a land management wastewater treatment system, shall mstead use an on-site seconda~_ wastewater treatment system ustng a peat medtum (such as Puraflo) or stmdar system allowmg the use of small lot stzes (below two acres) Except tn those instances where land management wastewater treatment must be used because a Puraflo or stmtlar Health Department approved system ts not permtttable, all lots shall be 2 acres or less tn stze Thts Ordinance shall be effecttve tn accordance with Sectton 107 09 of the Zoning Ordinance Adopted by the Counctl of the City of Vtrgmta Beach, Vtrgmta, on the Ntnth of danua~_ , Two Thousand and One January 9, 2001 Item V-K. 1. - 39- PLANNING ITEM # 47616 (Continued) I/ottng 7-3 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham ~ Harrtson, ,Ir, Louts R `iones, Reba S McClanan, Robert C Mandtgo, `ir and Rosemary Wdson Councd Members Vottng Nay Barbara M Henley, Mayor Meyera E Oberndorf and Nancy K Parker Councd Members Absent l&ce Mayor kVdham D Sessoms, dr `ianuary 9, 2001 - 40- Item V-K. 2. PLANNING ITEM # 4 7617 Upon motion by Counctlman Jones, seconded by Counctlman Man&go, Ctty Counctl APPROVED the apphcatton of STEVE HALL for a Vartance to ~ 4 4(b) of the Subdtvtston Ordmance whtch requtres all newly created lots meet all requtrements of the Ctty Zoning Ordinance (CZO) Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subdtvtston Ordinance, Subdivision for Steve Hall Property ts located at 1553 Eagleton Lane (GPIN #1479-32-4764) BA YSIDE - DISTRICT 4 Vottng 10-0 (By Consen0 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Vice Mayor Wtlham D Sessoms, dr January 9, 2001 Item V-K. 3. - 41 - PLANNING ITEM # 4 7618 Upon motton by Counctlman Jones, seconded by Counctlman Man&go, Ctty Council APPROVED the apphcatton of RONALD and ELIZABETH A. KOEBLER for a Vartance to 3q 4 4(b) of the Sub&vtston Or&nance whtch requtres all newly created lots meet all requtrements of the Ctty Zomng Or&nance (CZO) Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Sub&vtston Ordinance, Sub&vtston for Ronald and Ehzabeth A Koebler Property ss located at 1601 Nanney Creek Road (GPIN #2410-55-8546) PRINCESS ANNE- DISTRICT 7 The followtng con&tton shall be requtred The shared driveway~access servtng the lots must be constructed of crushed gravel meetmg the Pubhc Works Spectficattons and Standards and must be conttnually matntatned tn such con&tton that adequate access ss provtded for emergency vehtcles The parktng area at an3, new dwelhng must be constructed of concrete meettng Ctty standards Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Council Members Voting Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr January 9, 2001 Item V-K. 4. - 42 - PLANNING ITEM # 47619 Upon motton by Counctlman Jones, seconded by Counctlman Man&go, Ctty Counctl APPROVED the apphcatton of the Apphcatton of STEPHEN HERRITT for a Vartance to .~ 4 4(b) of the Subdlvtston Ordtnance whtch requtres all newly created lots meet all requtrements of the Ctty Zomng Ordinance (CZO) Appeal to Decisions of Admtntstrattve Officers tn regard to certatn elements of Subdtvtston Ordinance, Subdivision for Stephen Herrrttt Property ts located at 1501 Cypress Avenue and 615 ]5th Street (GPIN #2417-95-6903, #2417-95-6962) BEACH - DISTRICT 6 The followtng conchttons shall be requtred 1 Only one (1) smgle-famtly dwelhng can be constructed on proposed Lot A 2 Only one (I) smgle-famdy dwelhng can be constructed on proposed Lot C Vottng 10-0 (By Consent) Council Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlhatn W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Council Members Vottng Nay None Counctl Members Absent Vice Mayor Wtlham D Sessoms, Jr January 9, 2001 Item V-K. 5. - 43 - PLANNING ITEM # 4 7620 Attorney Les Watson - Wolcott, Rtvers, One Columbus Center, Sutte 1100, represented the apphcant and requested DEFERRAL Upon motton by Counctl Lady McClanan, seconded by Counctl Lady Wtlson, City Counctl DEFERRED TO THE CITY COUNCIL MEETING OF FEBRUARY 13, 2001, the Apphcatton of RCR MANAGEMENT COMPANY, INC.,for a MODIFICATION to the Green Run Land Use Plan to allow motor vehtcle rentals (trucks) ORDINANCE UPON APPLICATION OF RCR MANAGEMENT COMPANY, INC FOR A MODIFICATION TO THE GREEN R UN LAND USE PLAN TO ALLOW MOTOR VEHICLE RENTALS (TRUCKS) Ordtnance upon apphcatton of RCR Management Company, Inc for a modtficatton to the Green Run Land Use Plan to allow motor vehtcle rentals (trucks) at the northwest corner of Lynnhaven Parkway and Prtmrose Lane (GPIN #1485-78-3134) Satd parcel ts located at 1401 Lynnhaven Parkway and contatns 3 797 acres ROSE HALL - DISTRICT 3 Vottng 9-0 Counctl Members Vottng Ave Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr January 9, 2001 Item V-K. 6. - 44- PLANNING ITEM # 4 7621 Upon motton by Councdman Jones, seconded by Councdman Man&go, Ctty Councd ADOPTED Or&nances upon apphcatton of of HITTELECTRIC CORPORA TION for a Con&tzonal Change of Zomng and Condmonal Use Permit ORDINANCE UPON APPLICATION OF HITT ELECTRIC CORPORATION FOR A CONDITIONAL CHANGE OF ZONING Z02011191 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Or&nance upon apphcatton Httt Electrtc Corporatton for a Change of Zomng Dtstrtct CIasstficatton from A G-1 & A G-2 Agrtcultural Dtstrtcts to Con&ttonal I-1 Ltght Industrtal Dtstrtct on the north stde of Holland Road, west of Monet Drtve (GPIN #1495-23-95 73) Theproposedzomng classtficatton change to Con&ttonal I-1 ts for hght mdustrtal land use The Comprehenstve Plan recommends use of thts parcel for busmess parks, offices and approprtately located tndustrtal and employment support uses tn accordance wtth other plan pohctes Satd parcel ts located at 2972 Holland Road and contatns 3 87 acres PRINCESS ANNE - DISTRICT 7 VIRGINIA The followtng con&tton shall be reqmred 1 Agreement encompassmg proffers shall be recorded wtth the Clerk of the Ctrcutt Court and ts hereby made a part of the record AND, ORDINANCE UPON APPLICATION OF HITT ELECTRIC CORPORATION FOR A CONDITIONAL USE PERMIT FOR A BUILDING CONTRACTOR'S YARD RO1013023 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Httt Electrtc Corporatton for a Con&ttonal Use Permtt for a bud&ng contractor's yard on the north stde of Holland Road, west of Monet Drive (GPIN #1495-23-9573) Satd parcel ts located at 2972 Holland Road and contatns 3 87 acres PRINCESS ANNE - DISTRICT 7 Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Ntnth of Janua~_ , Two Thousand One danuary 9, 2001 - 45- Item V-K. 6. PLANNING ITEM # 4 7621 (Continued) Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, PVtlham W Harrtson, dr, Barbara M Henley, Louts R clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Vtce Mayor Vgtlham D Sessoms, dr January 9, 2001 ~ORM NO P S I B City o£ Vir¢inia Beach In Reply Refer To Our File No. DF-5306 DATE: December 27, 2000 TO: Leslie L. Lilley DEPT: City Attorney FROM' DEPT: City Attorney William M. Macali (/L/vI Conditional Zoning Application Hitt Electric Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 9, 2001. I have reviewed the subject proffer agreement, dated November 27, 2000, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure AGREEMENT THIS AGREEMENT, made as of the 27th day of November, 2000 by and between Hitt Electric Corporation, contract purchaser and Leona S. Robinson of the Property described on Exhibit "A attached hereto (hereinafter referred to as "Grantor"); and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Grantor's property from AG-1 and AG-2 (Agricultural), to conditional I- 1 (industrial) on certain property which contains a total of 3.87 acres, more or less, located in the Princess Anne District of the City of Virginia Beach, Virginia ("District"), more particularly described in the attached Exhibit "A" (hereinafter the "Property" GPIN #1495-23-9523-0000); and WHEREAS, the Grantee's policy is to provide for the orderly development of real property for various purposes, including residential and commercial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned AG-2 (agricultural) and I-1, are need to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public heating before the Grantee, as part of the proposed condition amendment to the Zoning Map, in addition to the regulations provided for ~n the existing AG-2 and I- 1 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and Prepared by James E. Spinks, Attorney 5700 Cleveland Street, Suite I00 Virginia Beach, Virginia 23462 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument, provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsions or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be rezoned and developed substantially in accordance with that certain site plan entitled, Conceptual Site Layout and Landscape Plan of Holland Road Property, dated September 20, 2000, and prepared by MSA, P.C., a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Site Plan"). The property is to be rezoned from existing AG-1 and AG-2 (3.87 acres) to I-1 Conditional 3.87 Acres, more specifically set forth in the Site Plan. 2. The architectural design of the principal structures on the Property shall be substantially as shown on that certain exhibit consisting of a drawing entitled Plan of Hitt Electric Corporation, dated October 2, 2000, prepared by Reich Design Associates, P.L.C., copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Rendering). In addition, the exterior building materials and colors of the principal structures on the Property and for all portions of the principal structures on the Property shall be substantially as shown on the Rendering. There are two primary structures proposed for the site- the office and the warehouse facility. The office, which will be the only structure visible from the street, will be steel framed with the primary materials of the street fagade being brick, painted wood siding, EIFS and aluminum storefront. The two side walls of the office will be primarily brick. The warehouse facility, which will be located behind the office and not visible from the street, will be a steel framed building with prefinished metal panels for the exterior walls. The rendering depicts the proposed quality level and architectural theme for the building, intended to be compatible with the surrounding neighborhood. 3. The uses permitted on the Property shall be restricted to office- warehouse with a contractor's storage yard; the said storage yard being a fenced area for vehicle storage and storage of electrical supplies which will be fenced to eight feet and landscaped with Category IV materials. 4. Any exterior mechanical equipment located on the roof of the office & warehouse shall be screened from the view of the public right-of-way by the front canopy treatment and parapet walls on the side. 5. A freestanding monument sign erected on the Property shall not exceed a height of eight feet. No portion of the signage on each sign shall protrude beyond the sign face area and the sign face area shall be the same width as the monument base of the sign. Any freestanding sign constructed on the Property shall be of substantially the same exterior building materials and colors as the front fagade on the retail structures. 6. Site lighting on the Property shall be internal focus metal halide. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references herinabove to zoning districts and to regulations applicable therto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (1) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such appropriate action, sut or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administration made pursuant to the provisions of the City Code, the City Zoning Ordinance of this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instating proceedings in court' and (4) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument, provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along w~th said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsions or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenant and agree that these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be rezoned and developed substantially in accordance with that certain site plan entitled, Conceptual Site Layout and Landscape Plan of Holland Road Property, dated September 20, 2000, and prepared by MSA, P.C., a copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Site Plan"). The property is to be rezoned from existing AG-1 and AG-2 (3.87 acres) to I-1 Conditional 3.87 Acres, more specifically set forth in the Site Plan. 2. The architectural design of the principal structures on the Property shall be substantially as shown on that certain exhibit consisting of a drawing entitled Plan of Hitt Electric Corporation, dated October 2, 2000, prepared by Reich Design Associates, P.L.C., copy of which has been exhibited to the City Council of the City of Virginia Beach and is on file in the Planning Department of the City of Virginia Beach (the "Rendering). In addition, the exterior building materials and colors of the principal structures on the Property and for all portions of the principal structures on the Property shall be substantially as shown on the Rendering. There are two primary structures proposed for the site - the office and the warehouse facility. The office, which will be the only structure visible from the street, will be steel framed with the primary materials of the street faqade being brick, painted wood siding, EIFS and aluminum storefront. The two side walls of the office will be primarily brick. The warehouse facility, which will be located behind the office and not visible from the street, will be a steel framed building with prefinished metal panels for the exterior walls. The rendering depicts the proposed quality level and architectural theme for the building, intended to be compatible with the surrounding neighborhood. 3. The uses permitted on the Property shall be restricted to office- warehouse with a contractor's storage yard; the said storage yard being a fenced area for vehicle storage and storage of electrical supplies which will be fenced to eight feet and landscaped with Category IV materials. 4. Any exterior mechanical equipment located on the roof of the office & warehouse shall be screened from the view of the public fight-of-way by the front canopy treatment and parapet walls on the side. 5. A freestanding monument sign erected on the Property shall not exceed a height of eight feet. No portion of the signage on each sign shall protrude beyond the sign face area and the sign face area shall be the same width as the monument base of the sign. Any freestanding sign constructed on the Property shall be of substantially the same exterior building materials and colors as the front fagade on the retail structures. 6. Site lighting on the Property shall be internal focus metal halide. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references herinabove to zoning districts and to regulations applicable therto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (1) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such appropriate action, sut or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administration made pursuant to the provisions of the City Code, the City Zoning Ordinance of this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instating proceedings in court' and (4) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: HITT ELECTRIC CORPORATION By: . (Seal) Name: R. Thomas Hitt Title: Secretary Leona S. Robinson ~(Seal) COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this zT"day of November, 2000 by R. Thomas Hitt, as a member of Hitt Electric Corporation, On behalf of the Company. My commission expires: Notfit~ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this z?___~ay of November, 2000 by Leona S. Robinson. My commission expires: LAWYERS TITLE INSURANCE CORPORATION Schedula A - 0015598 LEGAL DESCRIPTION CONTINUED All that certain lot, piece or parcel of land, with the buildings and improvements theron, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "3.87 ac. Total", as shown on that certain plat entitled "Survey of Property in Landtown, Princess Anne Borough, Virginia Beach, Virginia, for Fletcher L. Roberson, Jr.", dated June 19, 1663, made by C.A., Bamforth, C.L.S., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 59,. Page 25. GPIN #1495-23-9523-0000 It being the same property conveyed to LEONA S. ROBINSON, by deed from FLETCHER L. ROBINSON, JR, and LEONA S. ROBINSON, husband and wife, dated October 28, 1980, and filed for record November 13, 1980, in Deed Book 2065, Page 676. - 46- Item V-L. 1. APPOINTMENTS ITEM # 4 7622 BY CONSENSUS, Ctty Counctl RESCHEDULED the followmg APPOINTMENTS HUMAN RIGHTS COMMISSION VIRGINIA BEACH HEAL TH SER VICES AD VISOR Y BOARD January 9, 2001 -47- Item V-N. 1. NE W BUSINESS ITEM # 4 7623 B Y CONSENSUS, CITY CLERK TO RECORD, B Y CONSENSUS, the ABSTRACT OF CIVIL CASES RESOLVED - December 2000 January 9, 2001 Item V-N. 1. - 48 - NE W BUSINESS ITEM # 4 7624 Upon motton by Counctlman Branch, seconded by Counctlman Jones, Ctty Counctl ADDED: Ordtnance re Breakers 'Inn for a temporary encroachment tnto Ctty's rtght-of-way at Ocean Avenue (1507 Atlanttc Avenue, LLC), re constructtng and matntatntng a balcony overhang Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Vottng Nay None CounctI Members Absent Vtce Mayor Wtlham D Sessoms, dr January 9, 2001 Item V-N. 2. - 49- NE W BUSINESS ITEM # 4 7625 Upon motton by Counctl Lady Parker, seconded by Council Lady Eure, Ctty Counctl ADOPTED: Ordtnance re Breakers' Inn for a temporary encroachment into Ctty's rtght-of-way at Ocean Avenue (1507 Atlanttc Avenue, LLC), re constructtng and matntatntng a balcony overhang The followtng condtttons shall be reqmred It ts agreed that the temporary encroachment wtll be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgmta and the Ctty of Vtrgmta Beach, and tn accordance wtth the Ctty's spectficattons and approval It ts agreed that the temporary encroachment herein authortzed termtnates upon nottce by the Ctty to the Grantee, and that wtthtn thtrty (30) days after the nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the Grantee, and that the Grantee wdl bear all costs and expenses of such removal The Grantee shall mdemmfy and hold harmless the Ctty, its agents and employees, from and against all clatms, damages, losses and expenses tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment It ts agreed that nothtng heretn contained shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent specified heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the Grantee 5 The Grantee agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The Grantee must obtam a permtt from the Office of Development Servtces Center/Planmng Department prior to commenctng any constructton wtthtn the encroachment area The Grantee, prtor to tssuance of a right-of-way permtt, must post surettes tn accordance wtth thetr engmeer's cost esttmate, to the Office of Development Services Center/Plannmg Department The Grantee must obtatn and keep tn force all-rtsk property insurance and general habthty or such tnsurance as ts deemed necessary by the Ctty, and all insurance pohctes must name the Ctty, as addtttonal named msured or loss payee, as apphcable The Grantee also agrees to carry comprehenstve general habthty tnsurance tn an amount not less than $500,000, combtned stngle ltmtts of such tnsurance pohcy or pohctes The Grantee will provtde endorsements provtdtng at least thtrty (30) days wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of or matertal change to, any of the tnsurance pohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment January 9, 2001 Item V-N. 2. - 50- NE W BUSINESS ITEM # 47625 (Continued) 10 The Grantee ts to connect wtth sanitary sewer facdtttes when they become avatlable, wtthtn the ttme sttpulated by the Ctty and thatplans must be submttted to the Department ofPubhc Utthttes for review The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee, and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove the temporary encroachment, and pendtng such removal, the Ctty may charge the Grantee for the use of the encroachment area, the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the Grantee, and tf such removal shall not be made within the ttme ordered heretnabove by this Agreement, the Ctty may impose a penalty tn the sum of One Hundred Dollars ($100) per day for each and every day that the temporary encroachment ts allowed to conttnue thereafter, and may collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 9-0 Counctl Members Vottng Aye Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III and Vtce Mayor Wtlham D Sessoms, Jr January 9, 2001 CITY OF VIRGINIA BEACH AGENDA ITEM TO. FROM: ITEM. The Honorable Mayor and Members of Council James K. Spore, City Manager Encroachment Request for 1507 Atlantic Avenue LLC at 1507 Atlantic Avenue MEETING DATE' January 9, 2001 Background: The owners of 1507 Atlanbc Avenue LLC at 1507 Atlantic Avenue are constructing a new building adjacent to their ex~sting hotel. To match the excising facd~ty they are requesting to be allowed to encroach onto city property, the Greenbelt, known as Ocean Avenue w~th cantilevered balconies. Considerations: Staff has reviewed the request and feels that it is an appropriate request and sets no precedent for approving/disapproving future requests, as any future requests by applicants would need to be reviewed on their own merit. Public Information: Advertisement of Councd's agenda. Alternatives: Council may elect not to approve the encroachment as requested. Recommendations: Staff recommends approval of the encroachment as requested. Attachments: Location Map Ordinance Exhibit "A" Agreement Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY KNOWN AS OCEAN AVENUE BY 1507 ATLANTIC AVENUE LLC, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE .WHEREAS, 1507 ATLANTIC AVENUE LLC, desires to construct and maintain a balcony overhang into the City's rights-of-way located at 1507 Atlantic Avenue. 11 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code ofVirginia, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. 14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: . That pursuant to the authority and to the extent thereof contmned in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended by The Breakers Resort Inn its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for a balcony overhang in the City's right-of-way as shown on the map 2 0 entitled: "PLAT SHOWING ENCROACHMENT ONTO CITY PROPERTY SHOWN AS EXHIBIT "A", a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and 23 BE IT FURTHER ORDAINED, that the temporary encroachments are 2-4 expressly subject to those terms, conditions and criteria contained in the Agreement between 25 26 the City of Virginia Beach and1507 ATLANTIC AVENUE LLC, (the "Agreement") which is attached hereto and incorporated by reference; and 27 BE IT FURTHER ORDAINED that the City Manager or his authorized 2 8 designee is hereby authorized to execute the Agreement. 2 9 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 3 o such time as James H. Capps, Owner and the City Manager or his authorized designee execute the Agreement. 32 3 3 day of Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th January 2001 34 CA- 7~/~''' 35 PREPARED January 8, 2001 APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY_Y_~ND~D~FORM /~tITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 l(a)(3) AND 58 i-81 !(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this~'/49/'~ day of~_J~Y-~q! d~ ,20 O J., by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "C~ty", and 1507 L.L.C., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee ~s the owner of that certain lot, tract, or parcel of land designated and described as "1507 ATLANTIC AVENUE LLC ' LOT 9 10 & 4 FT OF 8 BK 1" and being further designated and described as 1507 ATLANTIC AVENUE, Virginia Beach, Vlrglma 23451; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a balcony overhang, "Temporary Encroachment", in the C~ty of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an emsting City right of way known as Ocean Avenue, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand prod to the C~ty, receipt of which ~s hereby acknowledged, the City doth grant to the Grantee GPIN 2427-26-1660 permission to use The Encroachment Area for the purpose of constructing and mmntaining the Temporary Encroachment. It is expressly understood and agreed that the 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's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "1507 ATLANTIC AVENUE LLC", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the 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 x. Grantee. It is further expressly understood and agreed that the Grantee agrees to maintmn the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It ~s further expressly understood and agreed that prior to issuance of a fight of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It ~s further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property ~nsurance and general liability or such insurance as ~s deemed necessary by the C~ty, and all ~nsurance policies must name the C~ty as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such ~nsurance pohcy or policies. The Grantee will 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 pohcies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee connect w~th sanitary sewer facilities when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if~t were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may ~mpose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. I'ScY} BTcm. ll-lc-- IN WITNESS WHEREOF, ~ has caused this Agreement to be executed ~n ~ts name on its behalf by James H. Capps, ,,ts,.1, .... ~.a~aar, with due authority to bind said ~ Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of~ ,20 ,by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Pubhc My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of~ ,20m, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF ~'/.~F.-/g,~' ~ ~ ..-. CITY/COk3t4TY OF' ~d'~, a~:5'~',~'~'/-/' , to-wit: -! The foregoing instrument was acknowledged before me th~s ,)~"' day of~ [~Ar.q~'/'/, 20~ by JAMES H. CAPPS, OWNER..on behalf of the 1507 fl-rt_~c - x 'Notary'Public '-"'-t t My Commission Expires: ¢//~'~' ],Z APPROVED AS TO LEGAL SUFFICIENCY /-I~ITY ATTORNEY · OtrY REAL ESTATE AGENT .L33B.LS '4191. - 51 - ITEM # 4 7626 Mayor Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectzon 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advice by counsel pursuant to Section 2 1-344(A)(7) Contractual Issues - Sportsplex Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl voted to proceed tnto CLOSED SESSION (3:55 P.M.) Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent Vice Mayor Wtlham D Sessoms, Jr (Time of Closed Session: 3:55 P.M. to 4:26 P.M.) January 9, 2001 - 52 - CERTIFICATION OF CLOSED SESSION ITEM # 4 762 7 Mayor Oberndorf RECONVENED the Formal Sesston tn the tn the Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, January 9, 2001, at 4 26 P M Upon motton by Councilman Jones, seconded by Counctl Lady Wtlson, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meeting reqmrements by Vtrgtnta law were discussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motion conventng the Closed Session were heard, dtscussed or constdered by Vtrgmta Beach Ctty Councd Vottng l O-O Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr January 9, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS. The V~rginla Beach C~ty Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded In ITEM # 47626, Page 51, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2 1-344 of the Code of VIrglma reqmres a certification by the governing body that such Closed Session was conducted ~n conformity with Virginia law NOW, THEREFORE, BE IT RESOLVED That the Vlrgima Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Vlrg~ma law were discussed in Closed Session to which this certification resolution apphes; and, (b) only such pubhc business matters as were identified m the motion convening th~s Closed Session were heard, discussed or considered by Virginia Beach City Council. ~Rfith Hodges ~m~th, MMC City Clerk January 9, 2001 - 53 - Rem ~0 AD JO URNMENT ITEM # 4 7628 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 4:28 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta January 9, 2001