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HomeMy WebLinkAboutOCTOBER 26, 1999 MINUTES~-\ ~ . !~ ~ 7 • • • T---7 7 ~~ 1LY VI v lZ ~~ lI llci L~~c~~i 1 "COMMUNITY FOR A LIFETiME" CIT'Y COUNCIL M4YnR'NE}ERA F OBERNDORF A~ Lur~;c Vl( E 41AYOR b171 t lAM D S1 SSO-NS JR 4! Lurki Ll ~'WODD O BRAN['H /N D~vr~~ i 6 Beu< h MARGARETL EURE Di~rrrcr 1 C~enlcnifl~ LV/LLIA•N 4t' HARR(SON JR D~crr~c~ 5! vnnliu~en HARO[ D HF_/SC~HOBER Ar ! ur,~c BARBARA 'N IIFNLEY Dn irt~ i 7 Pr utc e t~ Annc LOUlS R JONES Drclru! ~J B~vs~d~ REBA S'N~ ( 1 A•ti'~L'~' D~snu i~ Xn~~ ila!! NANCY K PARKER A1 LurKc 4 N/DON/ WFFKS Dtslru~ ~ Kempn~!!e JA;NES K SPORE ('ny Munu~;u LESLIE L L!L L EY ('uv Arrnrnrv RL'TH HODGES S,MlTH CM( 'A~IE ('iiv ('lerk CITY COUNCIL AGENDA tA BFA~. ~~ _......~~`~ _~ ~c " r..,~ ~~ O ~ ~ ~. ~ ,~ ~+ ~_ ~'Z U~.~~ p~ N._ ~ * • ~. ' ~F~ :~..j V ~ ~`` 2 O , j ^ ~2 ~i9 ~ ' ~V` ~~ -_ ~ ~ S s ~f ~UR NAS~~N ('/7Y HALL BUILD/NG ! 24~11 COURTHOUSE DR/VE VIRGI;VIA RE.A(,H V1RGlNIi1 2~45~+ y~X)S PflONF (757) 427 4 ~II t Fr1X (75~)426 56h9 E MAIL C'i'YCN('L.~~a:C'ITY VIRGINIA BI-ACtI VA US October 26, 1999 I CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM A SURFING - END-OF-SEASON [30 min] Bruce Edwards, Director, Emergency Medical Services II REVIEW OF AGENDA ITEMS II III CITY COUNCIL COMMENTS ~~ IV, INFORMAL SESSION - Conference Room - 4:30 PM II A CALL TO ORDER - Mayor Meyera E Oberndorf B RULL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION ~~ V, FORMAL SESSION - Council Chamber - 6:00 PM ~~ A. CALL TO ORDER - Mayor Meyera E Oberndorf B, INVOCATION: Rabbi Aaron Margolin Chabad Lubavitch of Tidewater C, ~I.EDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA I~ ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MINUTES INFORMAL & FORMAL SESSIONS - October 12, 1999 G AGENDA FOR FORMAL SESSION The ConsentAgenda will be determined durmg the Agenda Review Session and constdered in the ordmary course of bustness by Ciry Council to be enacted by one motion. H PUBLIC HEARINGS FERRY PLANTATION HOUSE - LEASE OF CITY-OWNED PROPERTY 2 BENDIX ROAD - SALE OF CITY-OWNED PROPERTY 12 65 acres between Bonney Road and I-264 ORDINANCES Ordinance to authorize the City Manager to enter into a lease of city-owned property with the FRIENDS OF THE FERRY PLANTATION HOUSE, INC., designated as Parcel B on the plan entitled, "Subdivision of Old Donation Farm, Bayside Borough, Virginia Beach, Virginia"; a sublease with the Hampton Roads Chapter of the American Institute of Architects, APPROPRIATE rent proceeds ($350 per month) to Ferry Plantation House (CIP #3-107) for its restoration, renovation and maintenance, and, increase estimated revenues accordingly 2 Ordinance to declare approximately 12 65 acres as EXCESS PROPERTY on Bendix Road between Bonney Road and I-264 {Rt 44), and, authorize the City Manager to dispose of same (ROSE HALL - DISTRICT 3) 3 Ordinance to authorize the City Manager re 2000 Health and Dental Care Insurance to enter into contracts a TrigonBlue Cross Blue Shield for the administration of a self-insured HMO health care plan b TrigonBlue Cross Blue Shield for the administration of a self-insured PPO health care plan c OPTIMA for the administration of a self-insured HMQ health care plan d Dominion Dental for the provision of a fully-insured DHMO dental care plan e Dominion Dental for the provision of a fully-~nsured INDEMNITY dental care plan 4. License Refunds: ~7b,306.31 J. 12ESOLUTION Resolution to authorize the Director of Finance to execute and submit application for Federal and State disaster assistance under the Disaster Relief Act (Public Law 288, 93'd Congress) for damage incurred by Hurricane Floyd. K PLANNING Application of ROBERT L. NELSON (West Landing Marina) for the MODIFICATION OF CONDITIONS on the October 14, 1997, approved Conditional Use Permit for a boat stora e f~ acility and commercial marina at 2748 West Landing Road (PRINCESS ANNE - DISTRICT 7) Recommendation DENIAL 2 Application of ERIC FOX for a Conditional Use Permit for a noncommercial pier on the South side of North Woodhouse Road at the intersection with Cherry Lane, containing 16,688 square feet (LYNNHAVEN - DISTRICT 5) Recommendation APPROVAL 3 Application of TRIANGLE RENT-A-CAR, INC., for a Conditional Use Permit for a automobile rental facil~tv on the South side of Virginia Beach Boulevard, East of Fair Meadows Road (5501 Virginia Beach Boulevard), containing 40,911 5 square feet (KEMPSVILLE - DISTRICT 2) Recommendation APPROVAL 4 Application of CHRIS ETTEL for a Chan~ of Zon~ng District Classification from A-12 Apartment District to R-T3 Resort Tourist District on the West side of Pacific Avenue, 50 feet North of 35`h Street (3502 Pacific Avenue), containing 6,250 square feet (BEACH - DISTRICT 6) Recommendation APPROVAL S Application ofRA DEVELOPMENT COMPANY, L.L.C., for a Change ofZonin~ District Classification from R-10 Residential District and O-1 Office District to Conditional B-2 Communitv Business District at the Southwest corner of Diamond Springs Road and Wesleyan Drive, containing 3 17 acres (BAYSIDE - DISTRICT 4) Recommendation APPROVAL 6. Application to AMEND the City Zoning Ordinance by ADDING a definition of the term "solid waste management facility" and allow as a Conditional Use Permit in the I-2 Industrial Zoning Distnct Recommendation APPROVAL L APPOINTMENTS HISTORICAL REVIEW BOARD PARKS AND RECREATION COMMISSION M UNFINISHED BUSINESS N NEW BUSINESS O ADJOURNMENT ~*~~*****~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK' S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Device for the Dea~ ***~****~~ 10/22/99BA1' AG~NDA\ 10-26-99 www virginia-beach va us ~~4G1r1IA BF;qc~ 4 ~ ~ ~ ~ ~~, t- = 7. U ~ „~ rY ~ ~_cw - ~ ! ,r ~ y ~ ? ~ 0 ~~ ~Jr94~ / 0~~~ S ~F ~UR NA~~~N M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October Z6, 1999 Councilman Harold Heischober called to order the CITYMANAGER'S BRIEFING re SURFING - END OF-SEASON in the Counctl Conference Room, CiryHall Buildtng, on Tuesday, October ?6, 1999, at 3 30 PM Council Members Present Linwood O Branch, lll, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan and A M "Don " Weeks Council Members Absent Mayor Meyera E Oberndorf Vice Mayor William D Sessoms, Jr Margaret L Eure [Headed Delegation to International Volunteer Summtt in Miyazakt, JAPANJ [ENTERED S 4z P M Attendrng Hampton Roads Chamber of Commerce Inter-Regional MeehngJ [Delegate to International Volunteer Sasmmit in Mryazakr, JAPANJ Nancy K Parker [ENTERED 3 40 P M J -2- CI T Y MANA GER `S BRIEFING SURFING - END-OF-SEASON 3:30 P.M. ITEM # 45558 Bruce Edwards, Dtrector - EmergencyMedical Services, advised on June 22, 1999, City Council ADOPTED an OrdTnance to AMEND.Section 6-22 and Section 6-116 of the Ctty Code re surfing , sub~ect to revisions ADDING Section 6-1161 (Shall be effective July 1,1999 and sunset provision for October 31, 1999) Thts ordinance eased restrtctions under a trial basis on surfing tn Vtrgrnta Beach Mr Edwards displayed a map outlining the areas affected by the amended Ordinance Open surfing is now permitted Monday thru Thursday m the Northend Beaches, Croatan and Sandbridge Restrictions remam in place for the Resort area daily and all other areas Friday thru Sunday Additionally, a provtston was made which allowed open surfing any time lifeguards limit swrmming due to rough surf conditrons Swimmer density versus surfing was exammed All the restrictions were kept rn force which applied to the oceanfront (from Rudee Inlet at the North Jetry to 42"d Street) Ed Brasil, Drvrston Chtef- Regulattons and Enforcement, distributed the Surfing Evaluatrons Report, which ts hereby made a part of the record SURFING EVALUATION Injuries No surfer vs swtmmer in~uries Red FlagAccess Few surfers tookadvantage ofbad weather red flags to surf on the Resort beaches Sunrise and Sunset Hours of access m open surfing areas were established for sunrtse to sunset The new ordtnance, which was designed to tncrease access, actually reduced access Compliance: Violatrons were commonplace Many surfers were unaware of local rules There were 121 violations during the evaluatron period, 1 i3 of which were for "no leash " An education program was mitiated by SAFE m con~unction with area surf shops and City staff Flyers, posters and handouts were provided to raise awareness of local rules As this effort began in mid August, tt ts difftcult to measure its true effectiveness Beaches No complamts were filed by citTZens regarding the Northend or Sandbridge Beaches All concerns were reported from the Croatan Beach area Many complarnts focused on behavtor and opinion issues that were outside the scope of the ordmance However, there was a common theme of concerns regarding compliance to lease requirements and shore break restrictions More violations occurred rn the Croatan area 91 summonses were tssued, 68 of which were related to the Croatan area There has not been adequate time to truly assess the impact of the eased restrictions While no in~uries were reported, most is anecdotal Surfer education regarding leash and shore break laws must contrnue regardless of changes to surfing hours/access Mr Brasrl advised the Crh~ staff recommended the new ordmance be re-enacted for the 2000 season with modiftcatton to the sunrise/sunset restriction Mr Brasil advised Councilman Harrison, the issue of "skim boarding" was being reviewed due to the possibiliry of accidents with swrmmers Councilman Harrtson stated a ptcture of the surf and its present conditions are located on an Internet site Councrl Lady Parker suggested placmg the surfing rules on this web site Concernmg signs, Mr Edwards advised Councilman Branch the installation of the signs regarding surfing rules would have to be contracted out Over one-half of the surfers do not reside ~n Virgmta Beach Councilman Weeks referenced the Croatan Beach area Mr Edwards referenced this area has a very large population of swrmmers and surfers during weekends and holidays and thus is a'`hot spot" A Revised Ordmance wrth modification to the sunriselsunset restriction shall be SCHEDULED for a future Crry Council Session October 26, 1999 -3- A GENDA RE VIE W SESSION 3: 55 P.M. ITEM # 45559 K 1 Ordmance to authorize the CiryManager to enter into a lease of city-owned property with the FRIENDS OF THE FERRY PLANTATION HOUSE, INC., designated as Parcel B on the plan entitled, "Subdivision of Old Donation Farm, Bayside Borough, Virgmia Beach, Virgtnta "; a sublease wtth the Hampton Roads Chapter of the American Institute of Architects, APPROPRIATE re~t proceeds ($350 per month) to Ferry Plantation House (CIP #3-107) for its restoratton, renovation and mamtenance, and, mcrease estimated revenues accordrngly The C1tyAttorney distributed a Revised Ordinance, which simply encompasses a techmcal change enabling the Ordinance to be in compliance with the appropriation laws ITEM # 45560 K 2 Ordinance to declare approximately 12 65 acres as EXCESS PROPERTY on Bendix Road between Bonney Road and I-264 (Rt 44), and, authorize the City Manager to dispose of same (ROSE HALL - DISTRICT 3) Ordinance to authorize and direct the C'rty Manager to execute a DEED betrveen Trdewater Transportatton Distrtct Commtssion (TTDC) and Transportation Dtstr~ct Commisston of Hampton Roads (TDCHR) to waive its rtght to repurchase property at 1400 Parks Avenue. Virginia Beach The City Manager suggested this Ordtnance be DEFERRED untrl the City Counctl Session of November 2, 1999, as thrs Ordinance requrres ntne (9) votes Mayor Oberndorf and Council Lady Eure are delegates at the International Volunteer Summit in Miyazaki, Japan. ITEM # 45561 I 3 Ordmance to authorize the Ctry Manager re 2000 Health and Dental Care Insurance to enter into contracts a. Trigon/Blue Cross Blue Shield for the administration of a self- tnsured HMO health care plan b Trigon/Blue Cross Blue Shield for the admtntstrahon of a self- msured PPO health care plan c OPTIMA for the admintstration of a self-insured HMO health care plan d Dominion Dental for the provision of a fully-insured DHMO dental care plan Dominion Dental for the provision of a fully-rnsured INDEMNITY dental care plan Councilman Herschober mqurred relatrve the "stop loss" of $100,000 Lynn Sachs, Benefits Coordinator, advrsed ~100, 000 is per hu.sband and w~ fe for a total of $200, 000 The loss goes into the retnsurance if the indtvtdual exceeds the "stvp loss" October 26, 1999 -4- A GENDA RE VIE W SESSION ITEM # 45562 BY CONSENSUS, the following items shall compose the CONSENT AGENDA ORDINANCES I 1 Ordinance to authorize the CityManager to enter mto a lease of ctty-owned properry with the FRIENDS OF THE FERRY PLANTATION HOUSE, INC., designated as Parcel B on the plan entitled, "Subdiviston of Old Donahon Farm, Bayside Borough, Virginra Beach, Virgmia "; a sublease with the Hampton Roads Chapter of the American Institute of Architects, A.PPROPRIATE rent proceeds ($350 per month) to Ferry Plantation House (CIP #3-107) for rts restoration, renovatton and maintenance, and, tncrease esttmated revenues accordingly I 2 Ordtnance to declare approxtmately 1 Z 65 acres as EXCESS PROPERTY on Bendix Road between Bonney Road and I-264 (Rt 44), and, authorize the Ctty Manager to dispose of same (ROSE HALL - DISTRICT 3) I 3 Ord~nance to authorize the City Manager re 2000 Health and Dental Care Insurance to enter mto contracts a. Trigon/Blue Cross Blue Shield for the administratton of a self- msured HMO health care plan b TrigonlBlue Cross Blue Shield for the admmrstration of a self- tnsured PPO health care plan c OPTIMA for the adm~nistratton of a self-msured HMO health care plan d Dominion Dental for the provision of a fully-msured DHMO dental care plan e Dominion Dental for the provtston of a fully-msured INDEMNITY dental care plan 14 License Refunds $76, 306 31 RESOL UTION 11 Resoluhon to authortze the Dtrector of Finance to execute and submit application for Federal and State disaster assistance under the Drsaster Relref Act (Public Law 288, 93'd Congress) for damage incurred by Hurricane Floyd. Item I 1 shall be ADOPTED, BY CONSENT, as REYISED Item I Z shall be DEFERRED, BY CONSENT, until the Ctry Counctl Sesston of November 2, 1999 October 26, 1999 -5- A GENDA RE VIE W SESSION ITEM # 45563 K 1 Application of ROBERT L. NELSON (West Landing Marina) for theMODIFICATIONOFCONDITlONSon the October 14, 1997, approved Conditronal Use Permit for a boat storaQe ac~li and commerctal marina at 2748 West Landing Road (PRINCESS ANNE - DISTRICT 7) Appl t cati on of CORNELI US F. andANTONINA S. BOYNTONfor a Conditional Use Permit for automobile sales and service at the Southeast corner of Virginta Beach Boulevard and North Witchduck Road (5085 Virgmra Beach Boulevard), contaimng 18, S31 square feet (KEMPSVILLE - DISTRICT 2) This ttem will be drscussed durtng the Formal Sesston ITEM # 45564 K 2 Appltcahon of ERIC FOX for a Conditional Use Permtt for a noncommerctal pier on the South stde of North Woodhouse Road at the mtersectron with Cherry Lane, contaming 16, 688 square feet (LYNNHAVEN - DISTRICT S) Councilman Harrison requested this item be drscussed during the Formal Session ITEM # 45565 BY CONSENSZIS, the the following items shall compose the PLANNING BY CONSENT AGENDA K 3 Applrcation of TRIANGLE RENT-A-CAR, INC., for a Conditional Use Permit for a automobile rental acilttv on the South side of Virgtnia Beach Boulevard, East of Fair Meadows Road (SSOl Virgmia Beach Boulevard), contammg 40, 911 S square feet (KEMPSVILLE - DISTRICT 2) K 4 Application of CHRIS ETTEL for a Chan~e ,of Zonm Dtstrtct Classi~cation from A-12 Apartment Distr~ct to R-T3 Resort Tourrst Dtstrict on the West srde ofPacrfic Avenue, SO feet North of 35`'' Street (3502 PacificAvenue), contatning 6, 250 square feet (BEA CH - DISTRl'CT 6) K S Application ofRA DEVELOPMENT COMPANY, L.L. C., for a Change of Zonin~District Classif cation from R-10 Restdential Dtstrict and O-1 O ffice Distrtct to Cond~honal B-2 Commumtv Busmess Distrrct at the Southwest corner of Diamond Springs Road and Wesleyan Drtve, contatntng 3 17 acres (BAYSIDE - DISTRICT 4) K 6 Application toAMEND the CiryZonmg Ordinance byADDING a definition of the term "solid waste management faciliry" and allow as a Conditional Use Permtt m the I-2 Industrtal Zontng Drstrict October 26, 1999 -6- CITY COUNCIL COMMENTS 4: 00 P.M. ITEM # 45566 Council Lady Henley referenced the Storm Water Management System and advised of the Brtefing relattve Flood Plain Regulations on September 14, 1999, ~ust prior to Hurricane Floyd Councrl Lady Henley requested CTty Council consideration ofthe City's drainagestandards, requirements and design standards As development is moved further mto the lowlands of the south, Council Lady Henley is concerned relative future and rf the present standards will be sufficient to prevent f looding in the marginal areas This mtght also cause addihonal upstream floodmg problems Council Lady Henley has received cittzen concerns As Castleton is being developed it is causing problems with flooding rn places which prevroassly had not been affected Addittonal butldTng m these lower marginal lands rs exacerbatmg the problem It appears the unusual ts becommg the ususal The Ciry experienced three hurricanes and one major rainstorm event within two months The ratn events in the last two months were extraordmary HurricaneDennis stalled over the area for a week from August 30`" to September 5`", producing three to five inches of ratn and saturating the ground Thts establtshed the potential f'or the flooding which was experienced the followtng Frtday mornmg, September 10`h, when an additional three to five inches of ram fell on Virgmia Beach withm about one hour This was a one hundred year storm event Followtng this, Hurricane Floyd struck on September 16, 1999 Although Ftoyd produced some tidal floodrng, the Ctry was spared the volumes of ratnfall which devastated other parts of the state Last week, Hurricane Irene produced, accordmg to Council Lady Henley's ram gauge 9%z ", however, based upon radar it was determmed to be S" to 7" Even though the design crrteria hns changed over time, the hdal rnfluence impacts the performance of the Ciry's drainage system Council LadyHenley worrted about a worse case scenario as tn the "Ash Wednesday" storm Once tidal elevations reach a level that fills and floods the drainage system, no matter to what standard the dramage system was desrgned, it cannot provtde its mtended level of performance Council Lady Henley was concerned relative the marginal land that is now developrng The Federal Emergency Management Agency (FEMA) standard of a frve foot elevation is rather low In the western section of Seaboard Road, where Crry Counctl recently approved approxtmately 130 lots, and from Seaboard and Prrncess Anne Roads to the Munictpal Center, lots were f looded and homes completely surrounded by water on Monday, October 18, 1999 As the Ciry allows hutlding, these houses will be impacted further Council Lady Henley referenced a newspaper article concernrng the meetrng ofMayors from Grand Forks, North Dakota and Mmnesota affected by flooding tn 1997 to discuss with the North Carolincr Mayors in Greenville, North Carolma their experrences with flooding FEMA is endeavoring to rebuild and move some vulnerable developments out of floodplatns or to buy floodplam property , so occupants can move elsewhere Council LadyHenley suggested the possTbility of coupling the proposed open space program with the storm water management program, enabhng the purchasmg of lands which are rn the flood prone areas The Hurrrcane Evacuation routes are also a ma~or source of concern The City Manager referenced the storm srmulatron for the region produced by the Joint Simulation Center in Suffolk on October 13 and 14, 1999 The Center advised severe problems in attempting to evacuate a regton of 1 1/2-MILLION citizens Counctlman Jones tnquired relative an tnventory of the major drainage ditches in the communrty to determine tf these ditches were sufficient to deal with the dramage The CityManager adv~sed aprioritized approach has been developed E Dean Block, Director - Public YYorks, advised an ongoing inventory and condition assessment is bemg performed on all of the tnfrastructure, which mcludes storm water, however, this has not been completed Places such as Atlantic Avenue, Lake Chubb, Lake Smith, Lake James, Sandbridge all have planned acttons that are awaiting fundtng, design or construction The City has recently concluded agreements with the Navy, which will allow for improvements rn the Lake Chubb area drainage and are rn negotiations with the Fish and Wildlife officials forproperry needed to complete the Sandbridge drainageproject Councrlman Jones expressed concern for a retired couple on a fixed tncome who~ust expended $S, 000 for a new heattng system damaged by the storm last year, and thts year the same thtng occurred Counctlman Jones requested an inventory identifying the major problems in the area. Councilman Branch , Mark Johnson and Karl Smithson representmg Public Works - Engmeermg, attended a meeting with Lake Placid resrdents Based on the present regulattons, Lake Placid could not be burlt today City Staff was able to expedite the U S Corps of Engineers approval of the permit whtch wtll allow the improvements to the dratnage system This will keep tidal flow from West Neck Creek coming back into the neighborhood As this rs a public safety issue, the possibrlrty of FEMA funding was dTSCUSSed Counctlman Branch also requested the examinatton of the City's dralnage standards and requtrements October 26, 1999 -~- CITY COUNCIL COMMEIVTS ITEM # 45566 (Continued) Council LadyMcClanan referenced a posltive comment from a resident of the new subdivision across from Kellam High School on Holland Road complimentrng the stormwater management regulations m this parttcular area Council Lady Parker referenced the rssue of flood insurance and the cumulative effect of development Some people who never thought they needed flood rnsurance, might now requrre this msurance Councilman I~eischober advised some of the crtizens are confused relative flood insurance A resident can have flood insurance on their homeowner's policy However, under FF,MA, a resident cannot procure flood insurance, unless they are rn the mapprng area Some of the crtrzens rely on FEMA 's advice and believe they cannot get flood msurance Councilman Heischober suggested the citizens be advised flood insurance is available on a homeowner :s pohcy Councrlman Heischober referenced the crrteria regardtng the 1 D year, 25 year, SO year and 10~ year storm event This criteria needs to be reexamined former Council Member Baum expressed concern many years ago relative the flooding problems and reexamination of the criteria The City Manager dtstributed a copy of the anc~le whrch wtll appear in THE BEACON on Thursday, October 28, 1999, relative Storm i3~ater Management This article will encompass Frequently Asked Questions (FAQs) concernrng thrs isszre ITEM # 45567 Councilman Harrison referenced the serrous accident of Ehzabeth Price, a student, at Cux High School ?'he traffic moves very quickly durmg the morning and afternoon hours There are no traffic signals and the only re yuirement rs traffic slow to 25 miles per hour In 1997, the School Board requested the City Council examtne this traffic issue at C'ox, Prtncess Anne and TallwoodHigh Schools Councilman Harrtson requested the City Manager examine and provide a proposal of installing school caution lights at those three locattons School Board Member Nancy Guy tndlcated the School Board would be examtning thts tssue on November 3, 1999 ITEM # Q5568 Council Lady Parker referenced the newspaper artrcle relative cameras and police cars The CityManager advtsed the police department was requested to provide an assessment Four of these cameras were purchased m 1992, and have been utilized ever since However, only one camera is currently operable The company has since gone out of business The technology is improvtng The Poltce Chief wtll provide a current analysis regardmg the phasing-in of cameras tn poltce cars Thts decision would be part of the FY 2000-2001 Operating Budget ITEM # 45569 Council LadyMcClanan referenced her meet:ng with the representative from the ~rginia Historical Society in 1Zichmond Council Lady McClanan informed hrm of the denial of the Princess Anne Courthouse for listtng by the Landmarks Commisston He advrsed the City should reapply to the Landmarks Commissron for evaluation as thetr procedures had changed Council LadyMcClanan requested this ttem be scheduled for a future City Council Session 4ctober 26, 1999 -8- ITEM # 45570 Counctlman Harold Heischober called to order the INFOIZMAL SESSION of the VIRGINIA BEACH CITYCOUNCIL m the City Council Conference Room, City Hall Buildmg, on Tuesday, October 26, 1999, at 4 36 P M Council Members Present Linwood O Branch, III, William W Harr~son, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker and A M"Don " Weeks Council Members Absent Margaret L Eure, Mayor Meyera E Oberndorf and Vice Mayor William D Sessoms Jr October 26, 1999 -9- ITEM # 45571 Councilman Harold Heischober, entertamed a motion to permit City Council to conduct its CLOSED SESSION, p:~rsuant to Section 2 1-344(A), Code of Virgrnra, as amended, for the followtng purpose PERSONNEL MATTERS Dtscussion , constderation or mterviews o~ prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplmrng, or resignahon of specific publtc officers, appointees, or employees pursuant to Section 2 1-344 (A) (1) Appo~ntments Boards and Commissions Htstorrcal Revtew Board Parks and Recreation Commission PUBLICLY-HELD PROPERTY Dlscussion or consideratlon of the acqutsitton of real property for a publtc purpose, or of the drsposition of publicly-held real properry, where discussion in an open meeting would adversely affect the bargamtng posttton or negohating strategy of the public body, pursuant to Section 2 1-344(A)(3) Acqutsttion / Dispositron of Property - Princess Anne Dtstrtct (3 parcels) - Beach Drstrict Upon motion by Councrlman Jones, seconded by Council Lady Parker, City Council voted to proceed into CLOSED SESSION. Voting 8-0 Councrl Members Yotmg Aye Linwood U Branch, III, Wilham W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker and A M "Don " Weeks Council Members Yotrng Nay None Council Members Absent Margaret L Eure, Mayor Meyera E Oberndorf and Vice Mayor Wilham D Sessoms, Jr October 26, 1999 -10- FORMAL SESSION V~RGINIA BEACH CITY COUNCIL October 26, 1999 6: 00 P.M. Vtce Mayor Willram D Sessoms, Jr , called to order the FORMAL SESSION of the YIRGINIA BEACH CITYCOUNCIL m the C'ounctl Chamber, CrtyHall Butlding, on Tuesday, October 26, 1999, at 6 OOPM Council Members Present Ltnwood O Branch, III, Willtam W Harrison, Jr , Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vtce Mayor William D Sessoms, Jr and A M "Don " Weeks Counctl Members Absent Mayor Meyera E Oberndorf [Headed Delegation to International Volunteer Summit in Miyazakr, JAPANJ Margaret L Eure INVOCATION Rabbi Aaron Margolm Chabcrd Li~bavttch of Tidewater [Delegate to International Volunteer Summit in Miyazakr, JAPANJ PLEDGE OFALLEGIANCE TO 7'HE FLAG OF THE ~INITED STATES OFAMERICA Vice Mayor Sessoms, bemg a Corporate Officer of Wachovia Bank, disclosed there were no matters on the agenda in whtch he has a' personal mterest", as defined in the Act, either rndtvidually or in hts capacTry as an officer of Wachovia Bank The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's rnterest in any applrcation that may come before City Counctl Vice Mayor Sessoms' letter ofJanuary 4, 1999, is hereby made a part of the record October 26, 1999 -11- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 45572 Upon motion by Councilman Heischober, seconded by C.'ouncilman Jones, Crty Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only publtc bustness matters lawfully exempted from Open Meeting requtrements by Virginia law were dtscussed tn Closed Session to which this certification resolution applies, AND, Only such publtc business matters as were tdenttfted in the motion convenmg the Closed Session were heard, discussed or considered by Virginia Beach City Council Voting 9-0 Council Members Voting Aye Lmwood O Branch, III, Willtam W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and A M"Don " Weeks Council Members Vottng Nay None Councrl Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 y~ ~ " ^ J ~~~ ~ V ~'~ ~ + - - C7 2~ tZ~~r ` • ~~ ~a" ~`~t N 9R~~~F OUR NAt~~ 5 0 ~ ~ CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM ,I5571 Page 9, and in accordance with the provisions of The Virginia Freedom of In~ormation Act, and, W H EREAS Section 2 1-344 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law NOW, THEREFORE, BE IT RESOLVED That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Ciosed Session were heard, discussed or considered by Virginia Beach City Council ~~ Ruth Hodges Smith, CMC/AAE City Clerk October 26, 1999 -12- Item V-F.1 MINUTES ITEM # Q5573 Upon motion by Councilman Harrison, seconded by Council Lady Parker, Ctry Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 12, 1999. Vottng 9-0 Council Members Yotmg Aye Linwood O Branch, III, William W HarrTSOn, Jr , Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and A M"Don " Weeks Counctl Members I~oting Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure Uctober Z6, 1999 -13- Item V-G 1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 45574 BY CONSENSZIS, Ciry Councrl ADOPTED: AGENDA FOR THE FORMAL SESSION October 26, 1999 -14- Item V-G.2. INTRODUCED ITEM # 45575 Vice Mayor Sessoms recogmzed the following Boy Scout Troops rn attendance to earn their merit badges for citizenship in the community: BOY SCOUT TROOP 364 BAYSIDE PRESBYTERIAN CHURCH Tom Sare Jeff Waller Jim Skinner Scoutmasters October 26, 1999 -15- Item v H.1. PUBLIC HEARING ITEM # 45576 Vice Mayor Sessoms DECLARED A PUBLIC HEARING FERRYPLANTATION HOUSE - LEASE OF CITY-OWNED PROPERTY There betng no speakers, t'tce Mayor Sessoms CLOSED THE PUBLIC HEARING October z6, 1999 -16- Item V-H.2. PUBLIC HEARING IT'EM # 45577 Vtce Mayor Sessoms DECLARED A PUBLIC HEARING BENDIX ROAD - SALE OF CITY-OWNED PROPERTY 12. 65 acres between Bonney Road and I-264 The followmg registered to speak W A Warf, 113 Wilhams Drive, Knotts Island, North Carolma (z52) 429-3170, expressed environmental concerns, as thrs properry had previously been utilized by the City refuge department as well as anTmal control There bemg no further speakers, Vice Mayor Sessoms CLOSED THE PUBLIC HEARING October Z6, 1999 -17- Item V-I. ORDINANCES/RESOL UTION ITEM # 45578 Upon motion by Councilman Heischober, seconded by Councilman Branch, CTty Council APPROVED IN ONE MOTION Ordmances 1(As Revised), 2(DEFERRED), 3 and 4 and Resolution 1 of the CONSENT AGENDA. Item 1 was ADOPTED, AS REVISED, BY CONSENT Item 2 was DEFERRED, BY CONSENT, unhl the City Council Session of November 2, 1999 T~oting 9-0 Counctl Members Votrng Aye Linwood O Branch, III, William W Harrison, Jr , Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M"Don " Weeks Councrl Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure Council Lady Henley DISCLOSED on Item I 1 (Friends of the Ferry Plantatton House, Inc ) she is an Ex Offtcro member of the Board of Directors, however, she does not receive any salary or compensation from the Friends and does not have an ownership m the Frrends and has not incurred or assumed any personal liabiliry on behalf of the Friends The City Attorney has advised her this tnterest does not meet the criteria of a personal interest in a transaction of the Conflict oflnterests Act Council Lady Henley wishes to disclose this interest and declare she is able to partlclpate in the transaction fatrly, ob~ecttvely and in the public interest Council Lady Henley DISCLOSED on Item 13 (2000 Health and Dental Care Insurance~ she ts a Member of the Executive Board of~Sentara and Optima is a product of that company, however, she does not receive any salary or compensation from Sentara and does not have an ownership in Sentara and has not incurred or assumed any personal lrabtlary on behalf of Sentara The Ciry Attorney has advised her thrs interest does not meet the crtterra of a personal mterest m a transaction of the Conflict of Interests Act Council Lady Henley wtshes to drsclose this interest and declare she is able to participate m the transaction fairly, ob~echvely and m the pubhc interest Vice Mayor Sessoms DISCLOSED on Item I 3(2000 Health and Dental Care Insurance), he is a Member of the Executive Board of Sentara and Optima is a prodz~ct of that company, however, he does not receive any salary or compensatton from Sentara and does not have an ownership rn Sentara and has not incurred or assumed anypersonal ltabiltry on behalf ofSentara The CttyAttorney has advised htm this interest does not meet the eriteria of a personal interest in a transactron of the Confliet of Interests Aet Viee Mayor Sessoms wishes to disclose this interest and declare he is able to partrcipate in the transaction fairly, ob~ectively and m the publrc mterest Councilman Harrison ABSTAINED on Item I 2(EXCESSPROPERTYon BendixRoad), as hrs law firm represents Sentara The appltcant for the Excess Property Ordrnance has a contract with Sentara whtch is conttngent upon the acquisttion of the Bendix Rocrd properry from the Crty Uctober 26, 1999 -18- Item V-I.1. ORDINANCES ITEM # ~SS79 Upon mohon by Councilman Heischober, seconded by Counctlman Branch, Ctry Counctl ADOPTED , AS REVISED: Ordtnance to authorize the C~ty Manager to enter into a lease of ctty- owned properry wrth the FRIENDS OF THE FERRYPLANTATION HOUSE, INC., destgnated as Parcel B on the plan entttled, "Subdtviston of Old Donation Farm, Bayside Borough, Virgmia Beach, Virginia "; a sublease with the Hampton Roads Chapter of theAmerican Institute of Architects, APPROPRIATE rent proceeds ($350 per month) to Ferry Plantatton House (CIP #3-107) for its restoration, renovatton crnd maintenance, and, mcrease estimated revenues accordrngly The Revision encompasses a technTCal change enabling the Ordtnance to be in compltance with the appropriation laws Voting 9-0 (By Consent) Council Members Yoting Aye Ltnwood O Branch, III, Willtam W Harrison, Jr , Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M"Don " Weeks Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure Council Lady Henley DISCLOSED she rs an Ex Officio member of the Board of Directors of the Frtends of the Ferry Plantation House, however, she does not receive any salary or compensation from the Friends and does not have an ownership tn the Friends and has not rrtcurred or assumed any personal ltabiliry on behalf of the Friends The City Attorney has advised her this interest does not meet ihe crtteria of a personal mterest m a transaction of the Conflict oflnterests Act Counctl Lady Henley wtshes to disclose thts interest and declare she is able to participate rn the transaction fairly, ob~ectively and m the public interest Uctober Z6, 1999 1 AN ORDINANCE TO APPROVE A LEASE AGREEMENT 2 BETWEEN THE CITY AND THE FRTENDS OF THE FERRY 3 PLANTATION HOUSE, INC. AND A SUBLEASE 4 AGREEMENT WITH THE HAMPTON ROADS CHAPTER OF 5 THE AMERICAN INSTITUTE OF ARCHITECTS AND TO 6 APPROPRIATE THE RENT PROCEEDS TO PROJECT #3- 7 107 FERRY PLANTATION HOUSE RESTOR.ATION 8 WHEREAS, on January 15, 1997 the City entered into an 9 agreement with the Friends of the Ferry Plantation House, Inc. 10 (hereinafter the Friends) for the preservation and restoration of 11 the Ferry Plantation House; 12 WHEREAS, City staff believe that presently, the best way 13 to continue efforts to restore the Ferry Plantation House would be 14 to lease the entire site and building to the Friends who in turn 15 would be able to sublease all or part of the building to another 16 party, subject to City approval; and 17 WHEREAS, there are currently two proposed agreements, a 18 proposed lease agreement between the City and the Friends, and a 19 sublease agreement between the Friends and the Hampton Roads 20 Chapter of the American Institute of Architects, (hereinafter 21 AIAHR) i n which AIAHR will pay the City rent of $350 per month, 22 estimated at $2, 800 for FY 1999-2000, which will be appropriated to 23 capital project #3-107 Ferry Plantation House Restoration. 2 4 NOW , THEREFORE , BE I T ORDAI NED BY THE COUNC I L OF THE C I TY 25 OF VIRGINIA BEACH, VIRGINIA: 26 1. That the lease agreement between the City of 27 Virginia Beach and The Friends of the Ferry Plantation House, Inc. 28 is hereby approved; 29 2. That the sublease agreement between the Friends of 30 the Ferry Plantation House, Inc. and the Hampton Roads Chapter of 31 the American Institute of Architects is hereby approved; 32 3. That rent proceeds in the amount of $350 per month, 33 estimated at $2,800 for FY 1999-2000, are hereby appropriated to 34 project 3-107 Ferry Farm House Restoration; 35 4. That it is City Council's intent that future rent 36 proceeds from the Ferry Plantation House be appropriated as part of 37 38 39 40 41 42 43 the normal budget process and designated for the renovation and maintenance of the House; and 5. That appropriations in the amount of $2,800 are hereby offset by an increase in estimated revenues from rental income in the same amount. Adopted by the Council of the City of Virginia Beach, 26 October Virginia, on the day of , 1999. CA-7502 _ ORDIN\NONCODE-FERRYFARM HS.ORD OCTOBER 25, 1999 R1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ti General Services Management Serv' s LEGAL SUFFICIENCY: ity ttorney's Office 2 SUMMARY OF KEY TERMS FOR LEASE AND SUB LEASE OF THE FERRY PLANTATION HOUSE 1. 2 LEASE Parties Pro er Term Rent Use Insurance. Terminat~on• Indemnification Maintenance Assi gnment/Sublett~ng• SUBLEASE Parties Pro er Tern~ Rent Use Termination Indemnification ~~ . City (Leasor) and Friends of the Ferry Plantation House, Inc (Lessee) Ferry Plantation House Five (5) years $1 per annum Meetmgs of the Lessee, tours, educational purposes and other uses approved by Director of General Services Lessee to insure Eitller party may terminate upon 30 days written notice City may also terminate in the event of lessee default Lessee Indemnifies City from loss caused by either failure of Lessee to perform its obligation or any ~n~ury resulting from the condit~on, maintenance or operation of the property City to lceep property in good repair and pay for ut~lities Lessee may sublet with City approval Friends of the Ferry Plantation House, Inc (Friends) and Hampton Roads Chapter of the American Institute of Architects (AIA) Room deslgnated as "Master Bedroom", containing 280 square feet, located within the Ferry Plantation House One (1) yeai, with annual renewals for no more than a total of five (5) years provided, either party may terminate Lease upon thirty (30) days notice for any reason $4,200 00 per annum, payable monthly, payable to City. If lease term is extended, Friends reserves right to renegotiate annual rent As a business office for AIA Either party may terminate upon 30 days written notice for any reason AIA indemnifies Frtends and C~ty from ]iability for loss caused to persons or property arising out of acts or omissions of AIA under the sublease City to maintain property and provide utilities LEASE THIS AGREEMENT OF LEASE Made as of the day of , 1999, by and between the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia, (hereinafter the ~~City° ) and the Friends of the Ferry Plantation House, Inc .( here inaf ter the Friends ). W I T N E S S E T H: That the City, for and in consideration of the rent and covenants and agreements to be kept and performed by the parties hereto, agrees to rent and does by these presents hereby rent to the Friends, and the Friends do hereby accept said lease upon the terms and conditions set forth herein, all that certain piece, parcel or tract of land, together with any and all appurtenances thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, the following described property, to-wit: All that certain lot or piece or parcel of land with the buildings thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated PARCEL B on that certain plat entitled "SUBDIVISION OF OLD DONATION FARM, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA" which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2763 at pages 195- 197. Together with the variable width easements for ingress and egress as shown on said plat. This Agreement and Lease is conditioned upon the following terms, conditions, and covenants. 1. Term: The term of this Lease shall be for a period of five (5) years, commencing on , and ending at midnight on , with the intention of renewing this lease, to the extent permitted by law, as long as both parties are dedicated to preserving the historic nature of the Ferry Plantation House ( the ~~House~~ ) and operating an activity that compliments the general level of culture of the City of Virginia Beach. 2. Rent: The total rent for the term hereof and any renewal term hereof shall be one dollar ($1.00) per annum, which the Friends shall pay to the City, in advance, at such place as may be designated by the City. 3. Use : The Friends will use the property for meetings of the organization, tours, educational purposes and other uses approved by the Director of General Services. The main goal being to restore and preserve the Ferry Plantation House under the terms of the Agreement dated January 15, 1997 "Agreement". (This Agreement is attached hereto as Exhibit "B" and is incorporated herein by reference). Any modifications to building or grounds shall be coordinated and directed within the terms of the "Agreement". The Friends shall not deny nor recommend denial of the use of the building or grounds based solely on race, religion, color, age, sex or national origin. The Friends covenants and agrees to abide by, observe and comply with all Federal, State, and Municipal laws, ordinances and regulations applicable to its use and occupancy of the Property and with any covenants and restrictions to which the Property is now or may hereafter be made subject and further covenants that it will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the terms of any policy of insurance covering the Property. Parking is allowed only in the area designated as "variable width ingress egress easement" adjacent to Cheswick Lane included in the leased premises. The Friends shall not use nor permit the Property to be used for any purpose other than as stated in this section of the Lease without the City~s written consent. 4. Notice : Any notice provided for or required by this Lease shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: (A) To the City: Director of General Services City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 (B) To the Friends: President, Friends of the Ferry Plantation House, Inc. 4136 Cheswick Lane Virginia Beach, Virginia 2 5. Signage: There is an existing sign on the site for the Ferry Plantation House, any addition to or replacement of this sign must be approved by the Director of General Services 6. Attachments: The following documents are attached hereto and such documents shall be incorporated herein by reference. (A). Exhibit A - Insurance Obligations (B). Exhibit B- Agreement dated January 15, 1997 7. Termination: Either party may terminate this Lease with thirty (30) days advance written notice, for any reason it considers appropriate, with no further obligation. 8. Default: If, after receiving written notice from tha City, the Friends fails to complete performance within forty-five (45) days thereafter or within such additional time as may be reasonably necessary, of any covenant or agreement to be performed by the Friends herein, or causes damage to or neglects the house, the City may reenter the Property, and terminate the Lease. In addition, the City shall retain the right to sue for damages as allowed by law and to pursue such other remedies as are available at law or in equity. 9. Indemnification: The Friends agree to indemnify the City against all liabilities, expenses and losses incurred by the City as a result of (a) failure by the Friends to perform any covenant required to be performed by the Friends hereunderj (b) any accident, injury, or damage which shall happen in or about the leased Property or resulting from the condition, maintenance or operation of the leased Property. The City shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the Friends or by any person whomsoever may at any time be using or occupying or visiting the Property or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the Friends or any occupant, visitor, or user of any portion of the Property, or shall result from or be caused by any other matter or thing whether of the same kind or of a different kind than the matters or things above set forth. The Friends shall indemnify the City against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. The Friends hereby waives all claims against the City for injuries to person or property in or about the Property, from any cause arising at any time. The three (3) preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of the City, its agents, employees, or volunteers. 3 The Friends further agrees to defend, indemnify, and hold harmless the City, its employees, agents, and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the, Friends, Friends agents or employees under this Lease. cost: 10. City/Friends Servicesf Maintenance: City shall, at its (A) Maintain in good condition and repair the Property, including all buildings and improvements, sidewalks and landscapingf (B) Provide payment for all utility costs and fees as pertain to electricity, heating, fuel, stormwater management, water, and garbage collection~ (C) Approve in advance the acquisition or installation of any equipment it is expected to maintain. The City shall, upon prior notice to the Friends, have access to the Building, at reasonable intervals during normal business hours, for reexamining or repairing the Building, and City may enter at any time for emergency repairs. However, the City shall not unreasonably interfere with the Friends use of the Building. The City shall have the right to establish reasonable rules and regulations governing the use and occupancy of the Property. The Friends shall not perform any repairs upon the premises, structural or otherwise, unless minor in nature and approval of the City is first obtained, but shall use its best efforts to maintain the premises in a neat and orderly condition. No changes or additions to the structure of the Building or its mechanical systems may be made without the approval of the City. The Friends shall provide daily housekeeping services. Upon the termination of this Lease, the Friends shall deliver the Building to the City in ~~broom clean~~ condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. The Friends shall: Pay for telecommunications fees and services and other utilities unless specified to be paid by the Cityj and provide written security procedures designed to reasonably protect the Building against damage, such procedures to be approved by the City. Any conflict between this paragraph and the "Agreement" shall resolved in favor of the "Agreement". 11. Furnishings: The Friends are hereby expressly given the right, at any time during its tenancy to remove its personal property, but shall not be obligated to do so~ provided however, the Friends will make reasonable repairs to the Building for any physical injury caused thereto by such removal. At the expiration of the Term, should the Friends fail to remove personal property, the Friends shall be deemed to waive all rights to any such personal property not so removed. 4 12. Fire or Casualty: Except as otherwise provided herein, in the event the Building or improvements on the Property or any part thereof are damaged or destroyed by fire or other casualty, net proceeds of insurance as are applicable to such damage shall be used for the repair, replacement, rebuilding, or restoration of the Building to the same condition as it existed prior to such damage or destruction if deemed economically feasible to do so by the City. 13. Assignment and Subletting: The Friends may sublease all or any part of the House with the consent of Director of General Services. Extensions of the sublease are to be approved by the Director of General Services. Any rents received from such sublease shall be paid to the City Treasurer to be used for the maintenance and restoration of the House 14. Responsibility regarding Hazardous Substance: The term "Hazardous Substances", as used in this Lease, shall include, without limitation, flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. (A) Restrictions. The Friends shall not cause or permit to occur: Any violation of any federal, state or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions on, under or about the Premises, or arising from the Friends' use or occupancy of the Premises, including, but not limited to, soil and ground water conditionst or the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Substance on, under, or about the Premises, or the transportation to or from the Premises of any Hazardous Substance. (B) Environmental Clean-up. The Friends shall, at the Friends's own expense, comply with all laws regulating the use, generation, storage, transportation, or disposal of Hazardous Substances ("Laws"). The Friends shall, at the Friends' own expense, make all submissions to, provide all information required by, and comply with all requirements of all governmental authorities (the "Authorities") under the Laws. Should any Authority or any third party demand that a cleanup plan be prepared and that a clean-up be undertaken because of any deposit, spill, discharge or other release of Hazardous Substances that occurs during the term of this Lease, at or from the Premises, 5 or which arises at any time from the Friends' own use or occupancy of the Premises, then the Friends shall, at the Friends' own expense, prepare and submit the required plans and all related bonds and other financial assurancesj and the Friends shall carry out all such cleanup plans. The Friends shall promptly provide all information regarding the use, generation, storage, transportation, or disposal of Hazardous Substances that is requested by the City. If the Friends fail to fulfill any duty imposed under this Paragraph (B) within a reasonable time, the City may do so j and in such case, the Friends shall cooperate with the City in order to prepare all documents the City deems necessary or appropriate to determine the applicability of the Laws to the Premises and the Friends~ use thereof, and for compliance therewith, and the Friends shall execute all documents promptly upon the City's request. No such action by the City and no attempt made by the City to mitigate damages under any Law shall constitute a waiver of any of the Friends' obligations under this P aragraph ( B ) . The Friends' obligations and liabilities under this Paragraph (B) shall survive the expiration of this Lease. (C) Indemnification. The Friends shall indemnify, defend, and hold harmless the City, and their respective officials, agents and employees from all fines, suits, procedures, claims, and actions of every kind, and all costs associated therewith (including attorneys' and consultants' fees) arising out of or in any way connected with any deposit, spill, discharge, or any other release of Hazardous Substances that occur during the term of this Lease, at or from the Premise, or which arises at any time from the Friends' failure to provide all information, make all submissions, and take all steps required by all Authorities under the Laws and all other environmental laws. The Friends' obligations and liabilities under this Paragraph (C) shall survive the expiration of this Lease. (D) Compliance. The Friends shall fully cooperate in allowing, from time to time, such examinations, tests, inspections, and reviews of the premises as Landlord, in its sole and absolute discretion, shall determine to be advisable in order to evaluate any potential environmental problems. The City expressly reserves the right to conduct examinations, tests, (including but not limited to a geohydrologic survey of soil and subsurface conditions), inspections, and review of the premise as the City in its sole and absolute discretion may determine to be necessary. 6 15. Surrender: Upon the expiration or earlier termination of this Lease, the Friends shall surrender to the City the Property in a broom clean condition, reasonable wear and tear excepted. 16. Severability: If any provision of this Lease or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 17. Rules and Regulations: The Friends, on behalf of itself and its agents, employees, contractors, invitees and licensees, hereby agrees to observe and strictly comply with all reasonable rules and regulations, adopted by the City from time to time with respect to the occupancy of or operations on the Property. The City shall not be liable for the nonobservance or violation by the Friends, or any agent, employee, contractor, invitee or licensee of the Friends, of any Rules and Regulations. 18. Required Approvals: Al1 approvals required within the wording of this Lease must be obtained in writing prior to implementation or acquisition. The official representative of the City for administering this Lease and contact is the Director of the Department of General Services, unless otherwise stated. IN WITNESS WHEREOF, City and Friends have duly executed this Agreement as of the date first written above. CITY OF VIRGINIA BEACH: BY City Manager or Authorized Designee ( S EAL ) ATTEST: City Clerk Friends of the Ferry Plantation, Inc. BY President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 7 I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , President of the Friends of the Ferry Plantation, Inc., whose name is signed to the foregoing writing, bearing date the day of , 1999, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1999. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager or Authorized Designee of the City Manager, whose name is signed to the foregoing writing, bearing date the day of , 1999, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1999. Notary Public My Commission Expires: 8 SUBLEASE THIS AGREEMENT OF SUBLEASE Made as of the day of , 1999, by and between the Friends of the Ferry Plantation House, Inc. (hereinafter the Friends) and the Hampton Roads Chapter of the American Institute of Architects, (hereinafter AIAHR ) . W I T N E S S E T H: That the Friends, for and in consideration of the rent and covenants and agreements to be kept and performed by the parties hereto, agrees to lease and does by these presents hereby lease to the AIAHR, and the AIAHR does hereby accept said lease upon the terms and conditions set forth herein, the hereinafter described premises (hereinafter the Premises). The Premises are located in the City of Virginia Beach, Virginia, on the property designated as PARCEL B on that certain plat entitled "SUBDIVISION OF OLD DONATION FARM, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA" which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2763 at pages 195-197 and consists of approximately 280 square feet shown as "Master Bedroom" on the floor plan marked Exhibit "A" and attached hereto. Parking is allowed only in the area designated as "variable width ingress egress easement" adjacent to Cheswick Lane included in the leased premises. This Agreement and Lease is conditioned upon the following terms, conditions, and covenants. 1. Term: The term of this Lease shall be for a period of one year, commencing on , and ending at midnight on and may be extended upon the same terms and conditions for a period of one year and then from year to year to the extent permitted by law, but there shall be no further right to extend beyond the 5th year. 2. Rent: The total rent for the term hereof shall be Four Thousand Two Hundred Dollars ($4,200.00) per annum, the rent shall be paid in advance in equal monthly installments of $350.00 on the first day of each month during the term. The rent and all other sums that may be due under this sublease shall be paid to the Treasurer of Virginia Beach. On any extension of this sub-lease the Friends reserve the right to renegotiate the annual rent, subject to the approval of the Director of General Services. 3. Use : The AIAHR will use and occupy the premises for the purpose of a business office, and may schedule other meetings on the premises upon notice and approval by the Director of General Services and the Friends, which approval shall not be unreasonably withheld nor shall the Friends deny or recommend denial of the use of the building or grounds based solely on race, religion, color, age, sex or national origin. The AIAHR shall not use nor permit the Premises to be used for any purpose other than as stated in this section of the Lease without the Director of General Services and the Friends written consent. 4. Notice: Any notice provided for or required by this Lease shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: (A) To the Friends: President, Friends of the Ferry Plantation House, Inc . 4136 Cheswick Lane Virginia Beach, VA ( B ) To the AIAHR : President, AIAHR 4136 Cheswick Lane Virginia Beach, VA ~ 5. Signage: There is an existing sign on the site for the Ferry Plantation House, any addition to or replacement of this sign must be approved by the Director of General Services 6. Attachments: The following documents are attached hereto and such documents shall be incorporated herein by reference. (A). Exhibit A- Description of Premises (B). Exhibit B - Insurance Obligations 7. Termination: Either party may terminate this Lease with thirty (30) days advance written notice, for any reason it considers appropriate, with no further obligation. 8. Default: If, after receiving written notice from the Friends, the AIAHR fails to complete performance within forty-five (45) days thereafter or within such additional time as may be reasonably necessary, of any covenant or agreement to be performed 2 by the AIAHR herein, or causes damage to or neglects the house, the Friends may reenter the Premises, and terminate the Lease. In addition, the Friends shall retain the right to sue for damages as allowed by law and to pursue such other remedies as are available at law or in equity. 9. Indemnification: The AIAHR agree to indemnify the Friends against all liabilities, expenses and losses incurred by the Friends as a result of (a) failure by the AIAHR to perform any covenant required to be performed by the AIAHR hereunderj (b) any accident, injury, or damage which shall happen in or about the leased Property or resulting from the condition, maintenance or operation of the leased Property. The Friends and the City of Virginia Beach (hereinafter the City) shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the AIAHR or by any person whomsoever may at any time be using or occupying or visiting the Property or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the Friends or any occupant, visitor, or user of any portion of the Property, or shall result from or be caused by any other matter or thing whether of the same kind or of a different kind than the matters or things above set forth. The AIAHR shall indemnify the City against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. The AIAHR hereby waives all claims against the Friends and the City for injuries to person or property in or about the Property, from any cause arising at any time. The three (3) preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of the Friends and the City, its agents, employees, or volunteers. The AIAHR further agrees to defend, indemnify, and hold harmless the Friends and the City, its employees, agents, and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the, AIAHR, AIAHR agents or employees under this Lease. 10. Maintenance: City shall, at its cost: (A) Maintain in good condition and repair the Property, including all buildings and improvements, sidewalks and landscaping~ (B) Provide payment for all utility costs and fees as pertain to electricity, heating, fuel, stormwater management, water, and garbage collectionT (C) Approve in advance the acquisition or installation of any equipment it is expected to maintain. The City shall, upon prior 3 notice to the Friends and AIAHR, have access to the Building, at reasonable intervals during normal business hours, for reexamining or repairing the Building, and City may enter at any time for emergency repairs. However, the City shall not unreasonably interfere with the Friends or AIAHR use of the Building. The City shall have the right to establish reasonable rules and regulations governing the use and occupancy of the Property. The Friends or AIAHR shall not perform any repairs upon the premises, structural or otherwise, unless minor in nature and approval of the City is first obtained, but shall use its best efforts to maintain the premises in a neat and orderly condition. No changes or additions to the structure of the Building or its mechanical systems may be made without the approval of the City. The AIAHR shall provide housekeeping services for the upkeep of the Premises. The AIAHR shall: Pay for telecommunications fees and services and other utilities unless specif ied to be paid by the City~ and provide written security procedures designed to reasonably protect the Premises against damage, such procedures to be approved by the City. 11. Furnishings: The AIAHR is hereby expressly given the right, at any time during its tenancy to remove its personal property, but shall not be obligated to do sof provided however, the AIAHR will make reasonable repairs to the Building for any physical injury caused thereto by such removal. At the expiration of the Term, should the AIAHR fail to remove personal property, the AIAHR shall be deemed to waive all rights to any such personal property not so removed. 12. Fire or Casualty: Except as otherwise provided herein, in the event the Building or improvements on the Property or any part thereof are damaged or destroyed by fire or other casualty, net proceeds of insurance as are applicable to such damage shall be used for the repair, replacement, rebuilding, or restoration of the Building to the same condition as existed prior to such damage or destruction if deemed economically feasible to do so by the City. 13. Surrender: Upon the expiration or earlier termination of this Lease, the AIAHR shall surrender to the Friends the Property in a broom clean condition, reasonable wear and tear excepted. 14. Severability: If any provision of this Lease or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 15. Rules and Regulations: The AIAHR, on behalf of itself and its agents, employees, contractors, invitees and licensees, hereby agrees to observe and strictly comply with all reasonable rules and 4 regulations, adopted by the Friends and/or the City from time to time with respect to the occupancy of or operations on the Property. The Friends and/or the City shall not be liable for the nonobservance or violation by the AIAHR, or any agent, employee, contractor, invitee or licensee of the AIAHR, of any Rules and Regulations. 16. Required Approvals: All approvals required within the wording of this Lease must be obtained in writing prior to implementation or acquisition. The official representative of the City for administering this Lease and contact is the Director of the Department of General Services, unless otherwise stated. IN WITNESS WHEREOF, Friends and the AIAHR have duly executed this Agreement as of the date first written above. Friends of the Ferry Plantation, Inc. BY President Hampton Roads Chapter of the American Institute of Architects By President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , President of the Friends of the Ferry Plantation, Inc., whose name is signed to the foregoing writing, bearing date the day of , 1999, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of . 1999. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , President of the Hampton Roads Chapter of the American Institute of Architects, whose name is signed to the foregoing writing, bearing date the day of 1999, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of . 1999. Notary Public My Commission Expires: 6 -19- Item V-I.2. ORDINANCES ITEM # 45580 Upon motTOn by Councilman Heischober, seconded by Councilman Branch, Ciry Councrl DEFERRED UNTIL CITY COUNCIL MEETING OF NOVEMBER 2, 1999: Ordinance to declare approximately 12.65 acres as EXCE,SS PROPERT Y on Bendix Road between Borzney Road and I-264 (Rt. 44); and, authorrze the Crty Manager to dispose of same. (ROSE HALL - DISTRICT 3) Yoting 8-0 (By Consent) Council Members Yotrng Aye Linwood O Branch, III, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor Willtam D Sessoms, Jr and A M"Don " Weeks Council Members Yotmg Nay None Council Members Abstammg William W Harrison, Jr Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure Councilman Harrison ABSTAINED on Item I 2(EXCESSPROPERTYon BendixRoad), as hts law firm represents Sentara The appltcant for the Excess Properry Ordmance has a contract wTth Sentara which ts contmgent upon the acquisitron of the Bendrx Road property from the Ci1y October Z6, 1999 -20- Item V-I.3. ORDINANCES ITEM # 45581 Upon motion by Councilman Herschober, seconded by Councilman Branch, Ciry Council ADOPTED: Ord~nance to authorize the C~ty Manager re 2000 Health and Dental Care Insurance to enter into contracts a. Trigon/Blue Cross Blue Shield for the admmistration of a self- insured HMO health care plan b Trigon/Blue Cross Blue Shield for the administrahon of a self- msured PPO health care plan c OPTIMA for the admtntstratton of a self-tnsured HMO health care plan d Dominion Dental for the provision of a fully-msured DHMO dental care plan e Dominion Dental for the provtsion of a fully-tnsured INDEMNITY dental care plan Votmg 9-0 (By Consent) Counctl Members Vohng Aye Linwood O Branch, III, William W Harrison, Jr , Harold Herschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor Willtam D Sessoms, Jr and A M"Don " Weeks Council Members Voting Nay None Counctl Members Absent Mayor Meyera E Oberndorf and Margaret L Eure Counctl Lady Henley DISCLOSED, she is a Member of the Executive Board of Sentara and Opttma ts a product of that company, however, she does not receive any salary or compensation from Sentara and does not have an ownership in Sentara and has not tncurred or assumed any personal liabality on behalf of Sentara The Ciry Attorney has advised her this interest does not meet the crrteria of a personal mterest m a transachon of the Conflict of Interests Act Councrl Lady Henley wishes to disclose this interest and declare she is able to panc~ipate in the transaction farrly, ob~ectively and in the publrc interest Vice Mayor Sessoms DISCLOSED, he is a Member of the Executive Board of Sentara and Optima is a product of that company, however, he does not receive any salary or compensation from Sentara and does not have an ownershrp in Sentara and has not incurred or assumed any personal liabiliry on behalf of Sentara The City Attorney has advtsed him this interest does not meet the crtteria of a personal mterest in a transaction of the Confltct oflnterests Act Vice Mayor Sessoms wishes to disclose this tnterest and declare he is able to participate m the transachon fairly, ob~ectively and in the public rnterest October z6, 1999 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO CONTRACTS WITH 3 TRIGON/BLUE CROSS BLUE SHIELD AND 4 OPTIMA FOR THE ADMINISTRATION OF 5 SELF-INSURED HEALTH CARE PLANS FOR 6 ELIGIBLE CITY EMPLOYEES AND WITH 7 DOMINION DENTAL FOR THE PROVISION OF 8 FULLY-INSURED DENTAL CARE PLANS FOR 9 ELIGIBLE CITY EMPLOYEES 10 WHEREAS, for the past five years, the City of Virginia 11 Beach (the "City") and Virginia Beach City Public Schools (the 12 "Schools") have had contracts with Trigon/Blue Cross Blue Shield 13 for the provision of fully-insured Indemnity and HMO health care 14 plans, and with OPTIMA for the provision of a fully-insured HMO 15 health care plan; 16 WHEREAS, in 1999, the City and Schools have contracts 17 with Dominion Dental for the provision of fully-insured Indemnity 18 and DHMO dental care plans; 19 WHEREAS, all of the above-referenced contracts will 20 expire on December 31, 1999, without the availability of any 21 additional renewal options; 22 WHEREAS, in anticipation of the expiration of these 23 contracts, the City and Schools, through the City/Schools 24 Consolidated Benefits Office, issued a Request for Proposals 25 ("RFP") on March 22, 1999, seeking proposals from companies 26 interested in providing health care and dental care plans to 27 eligible City and School employees, and also established an RFP 28 Committee to evaluate the proposals received; 29 WHEREAS, health care proposals were received from 30 Ameriflex, MAMSI, Sentara/Optima, Trigon/Priority, United Health 31 Care and Vicare, and dental care proposals were received from Delta 32 Dental, Dominion Dental, MAMSI, Trigon and United Concordia; 33 WHEREAS, the RFP Committee, with assistance from the 34 consulting firm of William M. Mercer, Incorporated, evaluated the 35 proposals as well as the various funding mechanisms available; and 36 WHEREAS, based upon this evaluation, the RFP Committee 37 has recommended that the City and the Schools enter into contracts 38 with Trigon/Blue Cross Blue Shield for the administration of both 39 a self-insured HMO health care plan and a self-insured Indemnity 40 (~~PPO") health care plan; with OPTIMA for the administration of a 41 self-insured HMO health care plan; and with Dominion Dental for the 42 provision of both a fully-insured DHMO dental care plan and a 43 fully-insured Indemnity dental care plan. 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 47 l. That the City Manager is hereby authorized to enter 48 into contracts on behalf of the City of Virginia Beach with the 49 following companies for the purposes indicated herein: 50 (a) Trigon/Blue Cross Blue Shield for the administration 51 of a self-insured HMO health care plan; 52 (b) Trigon/Blue Cross Blue Shield for the administration 53 of a self-insured PPO health care plan; 54 (c) OPTIMA for the administration of a self-insured HMO 55 health care plan; 56 (d) Dominion Dental for the provision of a fully-insured 57 DHMO dental care plan; and 58 (e) Dominion Dental for the provision of a fully-insured 59 Indemnity dental care plan; and 60 2. That such contracts shall be in a form and substance 61 acceptable to the City/Schools Consolidated Benefits Office as to 62 content and the City Attorney's Office as to legal sufficiency. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the 26 ~gy o f October , 1999 . 65 CA-7461 66 ORDIN\NONCODE\HealthCoverage.ord 67 R2 68 October 19, 1999 69 70 APPROVED AS TO CONTENT: 71 C 7 2 ~ .,LC ~~~- ~ _~~,~~ 73 Schools Department of 74 Budget and Finance (City/Schools 75 Consolidated Benefits Office) APPROVED AS TO LEGAL SUFFICIEN Y: City Attorney's Office 2 -21- Item Y-I.4. ORDINANCES ITEM # 45582 Upon motion by Counctlman Heischober, seconded by Councilman Branch, City Councrl APPROYED: License Refunds: $76,306.31 Yotmg 9-0 (By Consent) Counctl Members Voting Aye Lrnwood O Branch, III, Willtam W Harrrson, Jr , Harold Heischober, Barbara M Henley, LouTS R Jones, Reba S McClanan, Nancy K Parker, b'ice Mayor Willtam D Sessoms, Jr and A M"Don " Weeks Council Members Votmg Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 Fowr No c w e~v ~ae 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 ce~tification of the Commissioner of the Revenue are hereby approved LICENSE DATE NAME , gASE INTEREST TOTAL YEAR PAI D ADECCO EMPLOYMENT SERVICE INC 09/10/99 AUDIT ~,382 6~ o 00 ~,3a2 s~ ALBINO JEROME F 09/10/99 AUDIT s~ o0 2 03 63 03 AMERICAN DRUG CENTERS INC o9~20~99 AUDIT 2,2ss 40 303 75 2,592 15 AMERICAN ELECTRIC OF VA INC os/~5~99 AUDIT 138 28 52 37 ~so 65 AUTOMATION PRECISION TECHNOLOGY o9~~o~ss AUDIT 42s 82 0 00 428 s2 BALLARD VICKI F 09/15/99 AUDIT 10 00 0 50 10 50 BAYSIDE VIDEO LTD 09/13/99 AUDIT 32 95 4 39 37 34 BEACH CHEMICAL 8~ PAPER CO INC 1999 os~2ti99 50 00 3 33 53 33 BELANGER APPRAISALS INC 09/10/99 AUDIT 361 41 84 30 445 71 BENNETT INVESTMENT INC o9/17~99 AUDIT 61 59 0 00 61 59 BEVERLY ENTERPRISES INC o9/09~99 AUDIT 29,359 17 7,os9 s9 36,428 86 BOGDA EARL R 09/23/99 AUDIT 256 38 75 02 331 40 BON AIR SERVICES INC os~17~s9 AUDI7 797 ~s 1~2 s7 9~0 75 BON SECOURS MEDICAL CENTER INC o9/2o~9s AUDIT 581 74 0 00 581 74 BRINN ROY E JR 09/08/99 AUDIT 26 90 23 34 50 24 BROPHY S H/UNDERHILL T B o9/10~99 AUDIT ~2~ 58 8 54 ~30 ~2 CENTER FOR PSYCHOLOGICAL SERVICE o9/21~9s AUDIT o 27 4 3s 4 ss CHERMACK JAMES M o9/~4/99 AUDIT 20 00 0 50 20 50 CHUB PETER I 09/15/99 AUDIT 10 00 0 50 10 50 CLARK JEFFREY M 09/15/99 AUDIT 30 00 183 31 83 CYPRESS POINT PAWN SHOP INC os/15~99 AUDIT 54 85 13 25 ss 10 DHAVAL INC 09/20/99 AUDIT 1,431 95 0 00 1,431 95 GAY CHARLES M 07/20/99 AUDIT 50 00 5 83 55 83 GOOD AS GOLD LLC 09/15/99 AUDIT 83 12 0 00 8312 LEE DO YOOH 09/23/99 AUDIT 289 44 40 99 330 43 LP OF VA INC O9/23~99 AUDIT 1,000 00 0 00 1,000 00 MILLER FLOYD M A JR/DEBRA A Os/13/99 AUDIT 50 00 0 00 50 00 Certifie as pa . C Philip J. e11 m Commissioner of the Revenue Approve o fo : esli L Liiley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $46,785.75 were approved by the Council of the 26 day of October ~~g 99 Ruth Hodges Smith City Clerk FORM NO C A 6 REV LE6 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 followmg applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved• LICENSE DATE NAME ~ BASE INTEREST TOTAL YEAR PAI D PACK N SAVE LLC 09/15/99 AUDIT 2,710 06 80 47 2,790 53 PRC HOLDINGS INC 09/15/99 AUDIT 830 00 41 48 871 48 RAJ ENTERPRISES INC 09/10/99 AUDIT o 00 28 8~ 2s $~ SEA MIST MOTEL INC 09/21/99 AUDIT 331 05 0 00 331 05 SOUTHERN SYSTEMS INC 09/08/99 AUDIT ~o ~s 4 os 74 8r TEITELMAN STANTON J 09/14/99 AUDIT 77o s5 1os 16 880 01 THEN ANGELA WILSON 09/14/99 AUDIT ~o 00 0 00 ~o 00 VIRGINIA BAKERY 8~ CATERING INC o9~lo~ss AUDIT ~o 00 0 00 ~o 00 WALLACE VICTORIA D 1999 09/23/99 13 47 0 00 13 47 Certified as to paym t: Philip J. ellam Commissioner of the Revenue Approved form: Leslie . Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $5,010.22 were approved by the Council of the 26 October 99 City of Virginia Beach on the day of ,19 Ruth Hodges Smith City Clerk FORM NO C A 0 REV 3/EE 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 LICENSE DATE NAME , BASE INTEREST TOTAL YEAR PAI D ALLENS JANITORIAL SERVICE INC 09/29/99 AUDIT 24 46 3 26 27 72 ALUMINUM BOATS OF VA INC os~2s~s9 AUDIT 8 ss 74 ss 83 62 BANKS JARRETT CHIROPRACTIC PC ~o~o~~ss AUDIT 25 43 5 32 30 75 BBH CORP 10/01/99 AUDIT 6 76 1 58 8 34 BEACH MARINE SERVICES os~3o~99 AUDIT ~20 02 ~ 42 121 44 BOWMAN JOHN I JR 8~ MASON S J ~0~o~~9s AUDIT 944 11 ~29 s7 ~,073 s8 BROWNINGS MARINE INC ~0~o~~9s AUDIT ~4 ~~ o 00 14 11 CALCAGNI MACHINE WORKS INC o9~28~99 AUDIT 3,332 s8 ~8s 54 4,121 52 CANNON PATRICIA J INC os~24~99 AUDIT 37 42 8 78 46 20 CARBRO FARMS OF VIRGINIA INC os~24~99 AUDIT 75 20 13 94 8s ~4 CARETAKERS INC o9~24~99 AUDIT 36 15 ~ s~ 37 96 CASSON EDDIE L os~27~9s AUDIT 20 00 ~ o0 2~ o0 CENTER OF MUSIC INC o7~27~ss AUDIT ~os ~3 0 00 ~os ~3 CIRCELLI GINA D 10/04/99 AUDIT zo 00 2 00 22 00 COX WILLIAM 1999 10/07/99 136 50 0 00 136 50 DOMINOS PIZZA INC 09/24/99 AUDIT 10 35 1 47 11 82 HOFHEIMER SHOE CO INC 09/28/99 AUDIT 328 23 43 75 371 98 INDIAN RIVER TRANSMISSION INC 09~24~99 AUDIT 1,573 46 93 7~ 1,667 23 KANDARP K SHAN PC 1999 ~0/04/99 93 85 0 00 93 85 M T PORTEFEUILLE INC ~ss9 09/30/99 3~ o0 0 00 37 00 MEL GLO CORP 09/30/99 AUDIT 607 32 86 00 693 32 PRE-EMPLOYMENT SCREENING SERVICES INC 09~30~9s AUDIT ~o 00 0 00 10 00 WATER WORKS SUPPLY CO INC o9~24~9s AUDIT ~2,ss2 ~2 538 25 ~3,500 97 WESTERN AUTO SUPPLY CO INC 10/01/99 AUDIT ~,89s o2 284 74 2,183 76 C,@ a to t: hilip Kellam Commissioner of the Revenue Approved a form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $24,510.34 were approved by the Council of the City of Virginia Beach on the 26 day of October ,19 99 Ruth Hodges Smith City Clerk -2z- Item V-J.1. RESOL UTION ITEM # 45582 Upon motton by Councilman Heischober, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Resolution to authortze the Director of Finance to execute and submit applrcation for Federal and State disaster assistance under the Disaster Relref Act (Public Law z88, 93'd Congress) for damage incurred by Hurricane Floyd. Voting 9-0 (By C'onsent) Council Members Voting Aye Linwood O Branch, III, Willram W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor Wtlltam D Sessoms, Jr and A M"Don " Weeks Council Members Yoting Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE AND SUBMIT AN APPLICATION FOR FEDER.AL AND STATE DISASTER ASSISTANCE WHEREAS, the City of Virginia Beach estimates it will spend $1,000,000 in responding to the inconveniences and destruction created by Hurricane Floyd; and WHEREAS, funding to recover some of these costs will be available in public assistance disaster relief from the federal and state government, provided that the City designates an agent to apply for such assistance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Patncia A. Phillips, Director of Finance, is hereby authonzed to execute for and in behalf of the City of Virginia Beach, a public entity established under the laws of the State of Virginia, an application (a copy of which is attached hereto as "Exhibit A") and to file it in the appropnate state office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Relief Fund; and 2. That the City of Virginia Beach, a public entity established under the laws of the State of Virginia, hereby authonzes its agent to provide to the State and to the Federal Emergency ManagemEnt Agency (FEMA), for all matters pertaining to such Federal disaster assistance, the assurances and agreements printed on the attached "Exhibit B." Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 6 day of October ~ 1999. CA-7505 ORDIN~NONCODE~FEMA RESOLUTION.FLOYD OCTOBER 7, 1999 R2 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SLTFFICIENCY ~ Finance Department Clty Attorney's Of e EXHIBIT "A" AI'PLICATION FOR FEDERAL ASSISTANCE FOR11i 424 ~~ ~ O1V~ App~oral Na 034E-0043 Z, DATE SUBMfi'IF.D APPUCANT 1DEM'IF7ER y o tLOG ~ 1 TYPE OF SUBMISSION 3. DATE RECEIVED 8Y STATE STATE APPL1CA770N IDE~NTIFIER App1: t~w~ licat~on Pre-a -- ~ pp Conswc~on ^ Coaswcuon 4• DATE REt;ENED BY hFDERAL ~~ERAi' mFiV~7FR ~ Non-Conswcuon ^ N~.C~~~~ AGENCY s ep~~~ tr~ent~r tn~~nQU,~e~r~nn r LEGAL NAME ORGANCZATIONAL UN~i': C ~ ~!r i~v~,~ c ~ ADD{ZES (C!V£ClTY, COUMY, b7'ATEAND?JPCODE) NAME ANDTELEPHONE NUM[3ER OFTHE PERSON'Ib (3E R~ S/~ ~1 ~N~G G~~Y" /v~f~~a CONTACCED ON MATfERS WVOLVING THIS APPUCATlON (GivE AREA M c~ N ~ c ~ P/~ ~ e~iv vi~ 23 yJ~i6 "' Qo8 ( 1~l~Griv~.A .a~~ff oon~. ~2c~8~¢T vd. tsE'NBE~G J ~.r~~ Yz~- 838~ G EMPLOYCR [DENTIFICATION NUMBER (EIIV) r tn Box) ~ ~e l eu t A 7YPE OF APPLICATION: E 7 ~o-ooaoooo ppropna . er e ( a . 8 TYPE OF A~PP~ AT10N A. Strte H. ~adependeiu. School D~.w. [~NEW O CONTWUATION ~ REVIS[ON ounc 1. stace convollea I~c. orwgher Learnwg c. M~~~ ~. ~;~~ u~~- owns ~p K Indian Tnbe IF REVISION, ENTEIZ AI'PROPRIATE LETTER(S) W I30X(ES) ^~^ E. I~ucrstrtc L_ Ind~r~du~l F. lwern.~uoml M. Protit Or~r~twa G. Spec~al D~strict N. Other. A. lix:rc•rse Aw~r+d B Decrcase Award C. Inc~+ease Durstuon D Decrcrx Durr~on Other- (s~~ry eebw~ 9. NAME OF FEDERAL AGEIVCY. FEDERAL EMERGENCY MANAGEMENT AG~NCY I U CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: I 1. DESCRIPTIVE TI'I'L.E OF APPLiCANTS PROJECTS: 83-516 Repair or replace public and certain private non-profit facillties Ticle: Dlsaster Assistance ~~g~ by Hurricane Floyd under Presfdentlai Declaratlon Number FEMA-1293-DR•V ~ ~ -3147-EM-VA. 12 AREAS AFFEC7'ED BY PROJEGT (Cf17F.S. COUN'IIF.S. STATES. EPC.) Y~1PG/N/~ Br~Er~ 1/~~QGiN~~l ~~i I~KUK)1N1) NR[]IF(~i' ff~rae~~~. i.r.~....e~~ ('(7N~:RFCC1[7NA1_ 1715'i'RI[~TC C)F ~•~ a+ r.e+rii~r iiiri../~~i~ STaRT DATE ENDIIVG DATE . APPLiCANT b. PROJEGT ~w~e~c e~~vC SEPT, ~~' l Tb BE C t o .B~.y A D~S'~Of'l~7? - IS ESTIMATED FUNDWG 16. IS APPL[CATION SUBJEGT'PO REV~W BY STATE EXECUTIVB ORDER ~. k~ s o0 12372 PROCESS? b APphcaat i •~ 1. YES Thia Pro-appl~catrodAppLcanon was ru~de availabk to We State c. St~te s ~ F.u~ecunve Or~der 12372 for Review oo: 4 ~~ s ~ DATE. e Other s ~ b. NO O Pr+egram ~s not coveeed bq EO 12372 0 Or Program hv not beea sekcted by State for Rev~ew f Pro~ram Income t 00 17. Is the Appl~cant De4nryuent on any Federal Dep~7 g TOTAL S 00 ~ YES, If yes Auach Explana~on D NO 18 7O 7'III: DCST OF MY KNOWLCpGC AND DGLIC(; ALL DATA IN THIS APPUCATION/PR~APPUCATION ARE TRUE AND CORRECT. THE DOCUMfM NAS BEEN DULY AUTHORt?.CD [3Y THE GOVERNUVG I30DY OFTHE APPUCANT WIU. COMI'LY Wt'I7~'I'~IE ATI'ACHCD ASSURANCES ~ 7~iE ASSISTANCE 1S AWARDED. A TYPED NAME OF AUTHORtZED REPRESENTATIVE B TRLE C. TELEPHONE NUMBER PArR~e ~~4 A,~M ~~c t PS DiRr"ct-~ a~' F'i.v~4~ c~ ~757~ Yt 7- y6 ~l D. GNATURE OF REPRESENTATIVB DATE SIGNED AuUunnxl Wr l.ixul Repnxlw.ywn EXHIBIT "B" AP*1.lGNT aSSUAANC£~ '~e a:~~~can~ ~ereor •asur~s ~nd cert~fies t:~at :~• rd! tompip ,ntb ~h~ F~1~IA re~tll~tlon~ poluse~. ~u~ddiae~. and r~ou~rem~nts ~nd~d~n~ OM3 •~.rcui.n Vo. .~•9S •nd A-102. and F~tC 74•~. a~ tber rdaa w tJ~~ applleauon. ~teept~aet ~nd us~ o! Fedesd t~nds fo~ N~a F~dervly Wucea pro~~et. .ilw, the Appl~esot p~~s aas~r~e~ ~d e~et~Qr w~tb ee~p~et to aad a~ a eoeditie~ ~e~ tb~ Rant ebat: 1. It ~oaswe~ letal auehonty t~ spplr for tb~ ~eaq~ aad to finane~ and eonuruet che propo~~d fae~lit~~: tlsat a ra+oinaon. a~ouon or ~uril~r ~etion ha~ been duly ~dopced or pa~ed as ~n o(Re~a! aet of :h~ •ppluant'i ~o~ern~n~ bndy. a~tt~orLS~a~ tb~ fdi~~ ot t!~• ~Dpi~eaeion, includ~n~ aU understandta~a and a~wrsnen eoets~o~d ty~re~n, and du~etsn~ ~nd suthonstn~ th~ penoe ~d~~t1l~~d sa the oftieaal repre.~nutwe of th~ ~ppl~eant to ~et ~n eonnaet~oA w~th tl+e apQt~csc~on sad to pro~~de ~ueh additioad ~alortnauoa as may De requtteo. :. lt v~il co~nply .-~ch ehe p~o~u~oaa ot: Ese~wt~re Order 119es. relat:n~ to Floodpla~n titana~tm~nt and F~eeuuv~ Order 11990. re~au~~ to ?roceet~an o( Weclands. 3. It r,ll hav~ sulreunc funda ava~lsbl~ to ~neet the non-Federal ihare of th~ eost fo~ eonaeruec~on pso~eets. Sutre~ent fvnda •.di be s~ulabl~ .-hen conscruet~on u eoeapltcsd to ~asue~e t(teettv~ o~srac~on and r~aintenante of tb• fae~lity for th~ purpose eonscrueted. 1 S. It •nil con+plr .-~~ ~,~ a.o~s~ons or ~he H.cch ~ct •~~els ~+~n~~ tbt pol~e~ad aet~~nty o~ ~~noloyees 1 d: it ~•nl{ eo~plr .ntb tAe ~!!t1llf'nYtlf .rs~e ~nd enu~~un~ ho~rs ~to~~awes of we FRde~al F:~t Laoot Stae~.aros ~-et aa clsey applr ~o hoap~cal aad ed~esuoaal u~sut~non aetpioyees o[ Staee •nd (oeaJ ~o•~ermenei 1i. (To tbt bett or htis koo~led~f utd belisll tl~e dtaaster telie! work deset~b~d on ~~el~ Fed~ral Emee~ency ~lanyeersnc A~eeey (FEMA1 ?to~eet Applieacian fo~ ~rb~e~ Fsdenl iuunesal a~ ~ucaAee u e~eatie~e~d 'u el~~fble ia ~eeorca~ses .ncA t!u er~te~a eonts~ned ~n i4 Cods o[ F~dsral Re~uauons. Parc :OS. and ~pplieabl~ Fi'...1~lA Handbooks. 18. 'I~t erneeter~ep or disaster re/~e[ r-oric :bere~n de~enbsd lor rnuh Fedesal Ass~siaaee ss ~~qtiest~d aeeeunder does not or v~ii ~ot dupluace b~n~C~s reee~~ed [or tAe aain~ loa~ lron~ anothtt wuret. ~ It ~r~il not ent~~ ~nto a tonstruet~on tontraetlal fo- tAe pw~eet or uneersaKe otAer setivn~e~ unal the eonditio~s o! tkt irsnt pro• ~Tam~ a 1 hav~ been met. ~ !t r-~il prov~de snd ma~ntain eo~nQecent aed ~deauate aseb~teetur• ai e~pAe~nn~ wpen~aon and ~nspaes~on at th• eonuyeuon a~te to ~essure that tbe completsd ~-oric eonlortna ~wtb the sppro~ed plsns an0 specifitst~ona; that ~t w~ll furnish pro~ress eeporss ~nd :uea ocner +nforrnac~on as che Federal ~rinto~ a~ener enar ~. It wu! opersce ~nd rna~ncs~n tht fu~litq ~n aeeordanee r~tl~ tht :n~n~murr+ ~unosres as m~y be requ~r~d o~ presenbed by th• appluaole Federal, $tace snd local a~enc~es fo~ tl~s ssa~ntenanee and oa~rse~on of suea faeil~t~es. " (t w~~l ;ive ~he inntor a~~ncy snd :he Coe~puolter Geeersl, :l~rou;1 sny ~u:no~~:e0 represencative, seeess to and the n~t to e:arr~~ee all rrcoras booRS, pspers, o~ Ooeuinents ~tlued to N~ ~rant ? :t w~f1 •rqv~r~ tne fae~l~ty co b~ deu~ned to eot~ply .ntb tbe '~enean Scaneara Soee~f~esuons fot ~tak~n~ Buadin~s and ~ apiiues aceeauble to. and Usaole by tlie Pbys~ea!!y Ha~d~• csppen," Vumoer Al l i.l•1961. as rnodified (~I1 CFR 101•17• ~ 0311 '1st appl~eant ~r~~l b~ re~po~a~bl~ ~or eoRductin~ ~n• speetioas to ~nsure eoenplianee .nth tbea~ ~pee~riestions by tt~e eontrsetor 9. lt w~ll cause r-o~k on tl~e pro~~et to b~ co~t~eneed .vuhin ~ reasonsol~ u~• a(ee~ ~~et~pt o( noufieatioa lrora th• appromn~ ~ edersl a~eney tAat tueds ha~~ bkn appro~red and .nil see tl~st work on che prol~es •-~11 b~ prosees~ted to coenplet~on wnth •taaonscie Cil~~ente. 10. lt wsil rot dupos~ of or eeeurnber ~ts t~tl~ or other ~nt~resu in :a~ i~ce and fud~eus aunn~ the penod o( Fs~eral ~nterest ot ~R~le tls~ Gov~rrrr-~nt bolds bonds. ~rh~ehe,r~~ u th• lon~er. 11. :t ~~rees •o eomaiy .ntlt S~e:~on ~11. P.L 93•ZSa ~ed .~ntb ~ci~ JI o! ctu C'ivd Ri~bts Aet ot 1954 (P.L ~3•3SZ1 snd iA •eeoraaaee .r~cR Tide Vt ot tl~~ Aet~ ao p~noa m tlt~ Ua~t~d Staces ~hail, on t!u ~round of na~. eolo~. or astionaJ on~ta. be esdud~d f~oett patttapatto~t ~~. b~ den~ed th~ bea~fits o(. or b~ ochenuw :nbl~eted co disenm~n~uoe ueder anr ~ro~ or aet~rity !a~ .rh~el~ the applieaet nee~YSa Fed~sa~ Msaesa! a~• osr.~nce aad w~ll w~m~d'ucely uk~ ~er ea~a~urea weea~arp W effeetnace ttsu a~reerneet lf any teal psoperty or atroetur* ss ~ro~~dtd or ienpro~~d ~~tl~ tt~e •~d oi Federal t~~a~aa! aas~at• aae• szuaded to tAe Appl~eu~t. tl~ia aaa~nnee shall obli~st~ tb~ Aapl~ean~ os ~n tb~ ease of any uanater of ~~eh property, any tranaferee, fo~ the penod dunn~ .hul~ the eed peopeccy o~ ac.-sezure ~ used fot ~ purpo~e !or •~h~eh che Federal finanaal w~stsnee u est~nd~d o~ fo~ a~other purpoae 1n~o1Rn~ the pro•~s~on ot ainfdar ien~ees or ben~fi4. 1:. It .-~ll escabliah safe=uards co proh~b~e eenployees (ro~ ua~~~ ~be~r pos~c~ons fo~ ~ purpo.e cbat ~s o~ ~tves che appsaranee of bein~ mocri~ted by ~ da~re for pn~~c~ ~aia for tbe~nsel~e+ o~ otbers. parUeululy thor~ .-~eh wrhorn tl~ey ha+e fa~ntly, buatne~a. or ocber tus. ~~ I~ `^~~ ~o~nP~Y M~ch tl~e requ~remenu o! 'Ttle ri and ~tle ItI ol the Unilorrs~ Reloeac~on ~uu~ee and Red Ptoperty Aequr ~~aons .~et ot 1970 (P L 91•6~61 wh~t6 prond~s for la~r and equ~tabl~ trracment ol p~eaoess dtsplaced a~ a~ult o( Fed~ral and FederaJlr•W~sced p~oRaau. 14. It .~l eomplr .ruk a-1 rpu~re~ents unpord b7- tbe Fsderal ~rantor a~ency coneera~n~ ip~e~~l reqy~ree~~n4 ot lsw, pro~rua reqv~r~~nenu, aad otl~er aden~aistnq~~ r~qn~temeet~ sppso~ed in aeeoroaeee •ntb OMB Cirsular A-i02. P.L 9S-Z~~ as arasnd~d, ~nd ~pQ1~dW~ Feder~l R.~~ulatsoea. 19. It •-dl (1 ~ Dro~~de ~-~~ouc easc to tAe L:nued S4ces all landa, e~sernsnu snd ~~nu-o!••-~r neeeaaary ior aetoersplu~tntat ot Ne • approved •rorfc; (S~ hold and aa~e cbe Unued Staees !~ lron~ daina~es atte to th~ apptov~d ~-o~ic oc Eeaesal fundia~. 20. T~iis a~isnsaelCe ii ~Ireff it1 ~Otfsld~rat~On Ot a~d ~Ot tb! plitpOSf Or obta~n~n~ anr aed d1 Feaeral ~ranu. loans. re~rnbursau~nts. ad- •aeees. conerse:s. ~roperty. duconncs of oc~er Fede:sl fi~dal aaa~ataeee e::saaed s(ter :h~ dat~ hereof :a the Appliesnt by F~lI~ tAat sua~ Feaeral F'uuneial ass~suoes «~H b~ e:t~~ded it~ rd~anet on che repressncsuons and a~teeensnes et~ao~ u~ tliu as- ~uranee and tbst cl~~ Un~ua Stsees ahaU bs~e cl~e n~bt to wek ~udiasi ~ntoreen+ent of ~is aastiraace. 'I1-is assuneee u bindin~ on cl~e •ppt~ean~. iss aueee~aoes. cnnsferees, aad ass~~ne~s. snd Ne ~ersoa or aersona w+ose ulnatures aopsa: oa Mt t~rc~t as ~u- chonsea to ai~n enu aasu~anee on oena~l o( tA~ •pp~~eant :1. It W~II eoet~aly •+~tl~ tAe Aood ~nsuranee pure :u~ ~equ~nr~ents o~ Seet~on 1021a l o[ the rlooa D'~:sr Proteet~on ~et ot 1973. Pvblu t~w 93•234. 3: Su~ 975. apDrovea ~eemoer 33. 197:. Seet~on 102(a) reou~res. on aeo sfcer Narea :, 29:5, :he p~renase ot flood ~asuranee ~~ eotamunuus r-here ~ucss ~nsvranee u •v~daalt as a eonaicion !or el~e rees~pt ot any F~dersi t~nanaal as~utseee for conscrvc:~on or acqti~s~uon pnr~aes for use ~n anr area tlsat l~aa be~n ~de~uQ~d br tbe Diree:or, = ederaJ Esrtr~enep Ma~a~er~ent A~ene~r as an stea ha~in~ ~pee:a~ Aooa hasaros. 'Tbt phras~ "Federal firiaae~al assisune~" ineJudes sar foe~rn of ioaa. ~tant. Naranty~ inwnnee psytnent. rebate. ~ubs~dy~ dis~ater ••~nee loa~ o~ ~sanc. o~ aar ot~er foein oi di~~et o~ iadireet F'~der~l aasuesaee. 22 !t •~U eomply .ncb tl~e itssuranee :equ~reenencs of See:~oa 31 ~. PL 93•2'e. to obta~~ aad ma~nta~a anr other ~rsuranet a~ enay b~ rtasonable. sdepuate, and neessaary to proceet a~a~nst lurtl~er !as to aAy propeRy ~-mes~ ~-~s replaeed. reaeorea. repa~red~ o~ eon• ~csveted ~-~th tbis aaustsnee. 23. Jt r~il deter fundt~~ oi any prolKS+ ~n~ol~~nr !Ie:~ble fuad~n~ unt~l F~IA rn~kes a I~~o~aolt ~n~~ron~n~nta~ dcarsnee. ~t tl~ii is eequuea. ZI. It vd! ass,~t che F~deraJ ~ran~or a~tney in ,ts eo~ptiauee w~tb S~euor~ 106 of cl~e Nsuonal Hiuone Pzes~nac~on Aet of Il68~ a~ atneeded, (16 tJ.SC ~:01~ f~aevt~~~ O~der 1159~. and th~ Mesuolopeal sad Hisc+one Preser-anos Aet ot 1966 (li U.$G 469a•1 et 4q. ) br (s ~ eoiwultin~ •icb tbe Stue HLco~e P*as~r r~uon OtQeer oa th~ eonduet o! iare~u~auons~ as neea~arp~ w ~dent~[y proptrtus lisud iA o~ ~ii~ibl~ tot u~el~~oA ~e We Natsooal RK~ter of H'istone plaees that ue wb~eet to ~drera~ e[laess (~ 36 CFR Parc ~Q0.81 by :l~~ ae:i.nry, snd noatytn~ the Fede:al ~r~nto~ ~~enep o( tli~ e:suenee ot anY ~~efs ptoper tie~~ and by (bl eo~nplr~a~ •~th a!1 requ~reraeats esta4li~~d by eh• F~d~raJ ~rantor a=ener to a~o~d or ea~u~ace sdrees~ •fteets upon ~ueh propert~~s. :S. It •-dl, fo~ aer tepa~rs o~ eonscruet~on finaneed bere~r~th~ cotnply .nth appliesbie ua,~d~rda ot u(ety~ deeeney and aaaiut~on and in con~orm~ty r~th appliesbJt codea. •pecifint~ons aad ~ua• d~rds: and. wdl er~lua~e tbe ascutal haurd,~ ~a areas ~~ •h~eh the proeeeds o! th~ ~rs,nt or loar~ ue to be used and t~i~e ~p. peopnace aet~an to rnui~ate weh hassrds, ~ndud~n~ ~ale land uas and eonsavetion praasee~ ST~-TE ASSURANCES 'IL~ Stat~ a~~ W tak• aa~ oeesaa~t7 ~etJon •ncl~la 3Lsa capabUitl~ b n~qu~re eon~plueee r~ch th~ ~a~uea~ces and •~}!~lRffOY br tb~ appliea~t o~ b ~sum~ r~,~pona~btlitr eo eb• Fed~raJ ~or~r~~et !o~ aa~ deQe~ene~a not e~.et.~ed t,o cb~ ~.tuf~et~on ol tl~~ RepoeaJ Direetor. -23- Item V-K. PLANNING ITEM # 45583 1. ROBERT L. NELSON (West Landing Marina) MODIFICATION OF CONDITIONS CONDITIONAL USE PERMIT (Approved: 10/14/97) 2. ERIC FOX 3. TRIANGLE RENT-A-CAR, INC. 4. CHRIS ETTEL 5. RA DEVELOPMENT COMPANY, L.L. C. 6. CITY ZONING ORDINANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING AMEND and ADD "storm waste management facility" C~ctober 26, 1999 -z4- Item Y-K. PLANNING ITEM # 45584 Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION the CONSENT AGENDA Items 3, 4, S and 6 Votrng 9-0 Council Members Voting Aye Ltnwood O Branch, III, William W Harrtson, Jr , Harold Herschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor Will~am D Sessoms, Jr and A M"Don " Weeks Council Members Votrng Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure Councrlman Harrison ABSTAINED Item K 5(RA DEVELOPMENT) as his law firm provrdes legal services to the applrcant and several of its hmited liabrlity company members October 26, 1999 -2s- Item V-K.1. PLANNING ITEM # 45585 Kenneth Nelson, 2856 West Landing Road, Phone 721-6683, represented his father, Robert L Nelson and hts aunt, Barbara Gray, co-owners of West Landing Marma Upon motion by Council Lady Henley, seconded by Council Lady Parker, Ciry Councrl DENIED Ordinance upon Application ofROBERT L. NELSON (YVest Landing Marina) for the MODIFICATION OF CONDITIONS on the October 14, 1997, approved Conditional Use Permrt for a boat storage facihty and commercial marina Applicahon of Robert L Nelson (West Landmg Marina) for the modification ofconditions placed on the application fora condrtional use permTt for a boat storage faclliry and a commercial marma on October 14, 1997 Properry is located at 2748 West Landtng Road PRINCESS ANNE -1)ISTRICT 7 Vohng 9-0 Council Members Voting Aye Lrnwood O Branch, 111, William W Harrison, Jr , Harold Herschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M"Don " Weeks Council Members Voting Nay None Counctl Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 -26- Item V-K.2. PLANNING ITEM # -1~~86 Brisce Galltcp, 315 First Colon~al Road, Phone -1Z8-3132, represented the applicnrtt Petit~ons rn s:~pport o~ the applrcatron wer~ drstrrbieted and are~ hereby m~rde ~ part of the record Errc Fox, represented hrmsel f Attorney Sonny Stallings, Phone, -~22-,~700, represented the ad~acent resident, Commander LeifLagergren nnd registered in OPPOSITION. Upon motton by Cot~nctlmnn Hnrr~son, seconded by Coi~nctl Lady Parker, Ciry Coi~nc~l DENIED an Ordinance ispon applicahun of ERIC FOX for a Conditional Use Permit ORDINANCE UPON APPLICATION OF ERIC FOX FOR A CONDITIONAL ZISE PERMIT FOK A NONCOMMERCIAL PIER Ordmance i~pon crpplication of Er~c Foxfor n Cond~t~onal Use Perm~tfor a noncommc~rcral pier on certain properry located on the south side of North Woodho:~se Road at the intersection w~th Cherry Lnne (GPIN # 2-~08-89--~338) Said parcel conta~ns 16, 688 sgtsare feet LYNNHA VEN - DISTRIC'l S vor~ng 9-0 Co:~ncrl Members Voting Aye L~nwood O Branch, 111, Willram W Hcrrrtson, Jr , Harold He~schober, Barbara M Henley, Lou~s R Jones, Reba S McClanan, Nancy K Parker, Ylce Mayor Willram D Sessoms, Jr and A M"Don " Weeks Councrl Members Yotrng Nay None Councrl Members Absent Mayor Meyera E Oberndorf and Mnrgnret L Eure October Z6, 1999 -z~- Item V-K.3. PLANNING ITEM # 45587 Upon mohon by Councilman Hetschober, seconded by Councilman Branch, City Council ADOPTED an Ordmance upon applrcation of TRIANGLE RENT-A-CAR, INC., for a Conditional tlse Permtt for a automobile rental faciltry ORDINANCE UPON APPLICATION OF TRIANGLE RENT-A-CAR, INC FOR A CONDITIONAL USE PERMIT FOR AN A UTOMOBILE RENTAL FACILITY R010993001 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applrcatron of Triangle Rent-A-Car, I~c , for a Conditional Use Permit for a automobile rental factltty on the south side of Virginia Beach Boulevard and contams 40, 911 S square feet KEMPSVILLE - DISTRICT 2 The followmg condihons shall be requrred 1 The architectural design, building materials, colors, and site layout shall be substanhally m keepmg with the color elevation drawmgs provided by the appltcant entitled, "Triangle Rent-A- Car, New Office ", and the site plan entitled "Concept Plan Triangle Rent-A-Car" prepared by Gallup Surveyors and Engtneers dated August 31, 1999 2 Any freestanding srgn to be erected on the property shall be monument style, wtth colors matchrng those of the proposed buildrng as depicted on the submitted renderings 3 No outdoor loud speakers or pagmg systems will be permttted 4 All landscaptng and stgnage for the pro~ect must meet code requrrements outlrned m the Ciry Zonrng Ordmance Thts Ordmance shall be effecttve m accordance wTth Section 107 (~ of the Zoning Ordmance Adopted by the Council of the Ciry of Virgrnia Beach, Virgtnia, on the Twentv-sixth of Uctober, Nineteen Hundred and Nrnetv-Nrne Votrng 9-0 (By Consent) Council Members Vot~ng Aye Linwood O Branch, III, Willtam W Harrison, Jr , Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M"Don " Weeks Council Members Vottng Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 -28- Item V-K.4. PLANNING ITEM # 45587 Upon motTOn by Councilman Heischober, seconded by Councilman Branch, City Council ADOPTED an Ordrnance upon applicatton of CHRIS ETTEL, for a Conditional Change of Zontng ORDINANCE UPON APPLICATION OF CHRIS ETTEL FOR A CHANGE OF ZONING FROM A-12 to CONDITIONAL R-T3 Z010991147 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, YIRGINIA Ordinance upon appltcation of Chrts Ettel for a Change of Zontng District from A-12 Apartment Dtstrict to R-T3 Resort Tourist District on the west side ofPacific Avenue, SO feet north of 35`'' Street (GPIN #2418- 93-8549) The proposed zoning classification change to R-T3 is for resort tourist related land uses The Comprehensive Plan recommends use of thts parcel for resort uses mcludmg lodgtng, retail, entertainment and other uses in accordance with other Plan policies Said parcel is located at 350z Pacrfrc Avenue and contatns 6, 250 square feet DISTRICT 6 - BEACH The following condttton shall be required 1 Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record This Ordrnance shall be effective m accordance with Section 107 (~ of the Zonmg Ordinance Adopted by the Council of the Ciry of Virgtnia Beach, Virginia, on the Twentv-sixth of October, Nrneteen Hundred and Ninetv-Nine ~ Voting 9-0 (By C'onsent) Council Members Vottng Aye Ltnwood O Branch, 111, Willtam W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and A M"Don " Weeks Council Members Yoting Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 FORM NO P S IB ~Eqc i ~~~ ~04 ~~ v~~ ~ I ~ U _..~ ~ • ' _ ~ • ~r V~ S / ? o . ? ; ~ ~~~ y+ ~ -.~ " eE s ~F DUR N~~~~~ City ~f Virgi~ia Beach INTER-~FFICE C~RRESP~PfDENCE In Reply Refer To Our File No. DF-5013 DATE: October 4, 1999 TO: FROM : RE: Leslie L. Lilley William M. Macali ~' DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application Robert E. Worrell and Christopher J. Ettel The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 26, 1999. I have reviewed the subject proffer agreement, dated August 24, 1999, and have determined it to be lega~ly 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 A GREEMENT THIS AGREEMENT made this 24th day of August, 1999, by and between ROBERT E. WORRELL, hei•einaftei• called "Grantor" and CHRISTOPHER J. ETTEL (the "Applicant"}, both Grantors for pwposes of indexing and the CITY OF VIRGINIA BEACH, a Muiucipal Corporation of the Commonwealth of Vuginia, hereinafter called "Grantee". RECITALS R-1 The Grantor is the record fee simple owner of the property (the "Property") located in the Beach District, City of Vuginia Beach, Virguua and described in ExhiUit A attached hereto and incorporated into this Agreement. R-2. Applicant is the contract purchaser of the Property and has initiated an Amendment to the zoning map of the City of Virginia Beach, Virginia, by perition of the Applicant addressed to the Grantee, so as to change the zoning classification of a portion the Propei-ty from A-12 Apartment District to RT-3 Resort To~.u-ist Distnct. The pi•oposed amendment is made pursuant to the terms of the zoning ordulance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this A~reement (the "Zoning Ordinance"). R-3. The Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation. R-4. The Grantor and the Applicant acknowledge that competing and sometunes incompatible uses conflict and that in order to permit different uses on and in the area of the Propeity and at the same time to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonaUle conditions governing the use of the Property for the protection of the community that are not generally applicaUle to land similarly zoned RT-3 are needed to cope with the situation which the Applicant's rezoning application gives rise to. R-5. The Gi-antor and Applicant have voluntarily offered, in writing, in advance of and piior to the public hearing Uefore the Grantee, as part of the proposed amendment to the Prepared Uy Harry R. Purkey, Jr., P.C. zoning map with respect to the Property, in addition to the regulations provided for in the existing RT-3 zoiung d.istrict Uy the Zoning Ordinance, the following reasonable condinons related to the physical development, operarion and use of the Property to be adopted as part of said amendment to the zoiung map relanve and applicaUle to the Property, which have a reasonaUle relation to the rezoning and the need for which it is generated Uy the rezoning. R-6. The conditions outlined in this Agreement have been proffered Uy the Grantor and the Applicant and allowed and accepted Uy the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until suUsequent amendment changes the zoning of the Propei-ty; provided, liowever, that such conditions shall continue despite a subsequent amendment if the suUsequent amendment is pail of the comprehensive implementation of a new or suUstantially revised zoning ordinance of Grantee, unless, notwithstand.ing the foregoing, the conditions are amended or vaned Uy written instnunent recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed Uy the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resoluhon adopted Uy the governing Uody of the Grantee, after a puUlic hearing Uefore the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall Ue recorded along with said instnunent as conclusive evidence of such consent. WI TNESSETH NOW THEREFORE, the Grantor and the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without requirement Uy or exaction from the Grantee or its governing Uody and without any element of compulsion or guid pro quo for zoning, rezoning, site plan, Uuilding pernut or suUdivision approval, hereUy make the following declaration of conditions and i•estricrions which shall restrict and govern the physical development, operation and use of the Pi•operty and l~ereby covenant and agree that this declaration shall conshtute covenants iwuiing with the Property, which shall Ue binding upon the Property and upon all paities and person.s clainung under or through the Grantor and the Applicant, their successors, personal i-epresentattves, assigns, grantees, and other successors in interest or title. • 2 1. The Propeity shall Ue used for only one of the following uses at any one time: a. Business studios, offices, clinics and medical laboratoi•ies. U. Child care and child care education centers. c Cominei cial pai'~Illg ~Ot. d. Dwellings, additions to single-fa.mily, duplex, semi-attached and attached. e. Financial institutions. f. Museums and a.i-t galleries. g. Off-site pa.rlcing facilities, provided the provisions of Section 1505 of the Zoning Ordinance are met. h. Personal set-vice establishments, including UarUer and Ueauty shops, shoe repau• shops, cleanuig, dyeing, laundzy, ~ressing, dress making, tailoi-ing and gaiment repair shops widi processing on the preinises. i. Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and d.isplay rooms and lots, provided tllat yards for storage of new or used building inaterials oi- yards for any scrap or salvage operations or for storage or display of any scrap, salvage or second hand Uuilding materials or automoUile pa~-ts shall not be allowed, fiu-ther provided that adult Uook stores shall be prohiUited from locat~ulg with five hundred (500) feet of any apai-tment or residential district, single or multiple-fa.inily dwelling, church, park or school. 2. Fui-ther conditions may Ue required by the Grantee during detailed site plan and/oi suUdivision review and administ~ation of applicaUle City Codes Uy all cogniza~~t City agenc~ ~s and depai-tments to meet all applicable City Code requu•ements. 3. The Grantor and the Applicant covenant and agree that: a. The Zoning Administrator of the City of Vuginia Beach, Vuginia shall Ue vested with a1l necessary authoiity on Uehalf of dle governing Uody of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and resti-ictioiis, includ~ ng the authonty (1) to order in vrmting that any non-compliance with such conditions be remedied and (ii) to bring legal action or suit to insure compliance with such conditions 3 including mandatoiy or prohibitoiy injunction, aUatement, damages or othei• appropriate action suit or proceedings. U. Faili.u•e to meet all conditions and restrictions shall constitute cause to deny t he issuance of any of the requu•ed building or occupancy pei-~nits as may Ue approl~riate. c. If aggrieved by any decision of the Zoning Admirustrator made pursuant to the provisions, of the City Code, the Zoning Ordinance, or this Agreement, the Grantoi• shall retition the govei-ning Uody of Grantee for the review of such decision prior to institu t ing proceedings in cotu-t. d. The Zoning Map shall show Uy an appropriate symUol on t~~e Map the existence of conditions attaclung to the zoning of the Pi-opei-ty on the map and that the ordinallce and the conditions may Ue readily availaUle and accessiUle for puUlic inspection ui the office of the Zoiung Administrator and in the Planning Depa.i-tment and that they shall Ue rec~~rded in the Clerk's Office of the Circuit Coui-t of the City of Vir~inia Beach, Virginia and in~iexed in the name of the Grantor and Grantee. (SEAL) b~irt E. Wo 'i2~~ (SEAL) topher J. Ettel STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I, ~ c,C. ~ y~,,~ . R o s s , a Notary Public in and foi• the City and S tate afores~~id, do hei•eby certify that RoUeit E. Woirell, acknowledged the sanie befoi-e me in the City and State afoi•esaid on Uehalf of said corporation. . GIVEN undei• my hand this ZK day of August, 1999. Nota.iy PuUli My C~~mmission Expires: ~ ~3~ ~oo 0 4 STAT1? OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I, {~z u. ~i ~ w. ~ o s s , a Notary PuUlic in and foi- the City and State afores~~d, do hereUy cei-tify that Clu•istopher J. Ettel, acknowledged the sa.me Uefoi-e me in the C~ i y and State aforesaid on Uehalf of said corporation. GIVEN under my hand dlis ~ day of August, 1999. Notary PuUlic My C~~mmission Expires: , ~ 3\ 'Z o DD prof.a~t 5 EXHIBIT "A" Parcel I ALL THAT certain piece or pa~~cel of land, lying, situate and Ueing in the City of Virginia Beach, (foimei•ly County of Princess Anne), Vii-gin~a, known, numUered and designated as the Northern one-half (1/2) of Lot "O", as shown on the plat entitled "Map of Linkhoin Pa~k", which plat is duly recoi-ded in the Clerk's Office of the Cucuit Court of the City of Virginia Beach (foi~nerly Princess Anne County), Vii•ginia, in Map Book 5, at Page 151. Parcel II ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Vuginia Beach (foimerly County of Princess Aiule), Vii-ginia, known, numbered and designated as the Southein one-half (1/2) of Lot "O", as shown on the plat ent~tled "Map of Linkhorn Park", which plat is duly recorded in the Clerk's Office of the C~rcuit Court of the City of Vu•ginia Beach (foimerly Princess Anne County), Virginia, in Map Book 5, at page 151. Parcels I and II SAVE AND EXCEPT from the conveyance of Parcels I and II, the following: Deed dated DecemUer 30, 1947, from William C. Davis and Ida Woodley Davis, husUand and wife, grantors, to The Ti-ustees of the Virginia Beach Baptist Church, grantees, recorded in Deed Book 250, at Page 425, conveying all that cei-tain piece or parcel of land, lying, situate and Ueing in the County of Princess Anne and the State of Virginia, known, numUered and designated as the Southein Fifty (50) feet of Lot "O", as shown on the plat entitled "Map of Linkhoin Pa.i-k", which plat is duly recorded; said piece or parcel of land fronts fifty (50) feet on Pacific Avenue and One hund.red twenty five (125) feet on Thirty-Fifth (35th) St~eet; and Deed dated December 30, 1947, from William C. Davis and Ida Woodley Davis, husUand and wife, grantors, to Winston McStuart Davis, grantee, recorded in Deed Book 263, at page 283, conveying all that cei-tain piece or parcel of land, lying, situate and Ueing in the County of Princess A.nne and the State of Vu•ginia, known, numUered and designated as the Noi~liern Fifty (50) feet of Lot "O", as shown on the plat entitled "Map of Linkliorn Park", which plat is duly recorded; said piece or parcel of land fionts Fifty (50) feet on Pacific Avenue and runs Uack Uetween parallel lines a distance of one hundred . . i - ~ . twenty-five (125) feet. The parcel herein conveyed is also commonly known as the Middle Fifty (50) feet of Lot "O", and 3502 Pacific Avenue in the City of Vuginia Beach, State of Virginia. IT BEING the same properiy conveyed to RoUert E. Won•ell Uy Deed of Marion D. Machen, individually and as personal representative of the Estate of Ida W. Davis, Marjorie D. Coleman, individually and as personal representative of the Estate of Ida W. Davis, Calvin E. Davis, personal representative of the Estate of Ida W. Davis, William C. Davis, Ann C. Bonney, Louise D. Mullen, Winston M. Davis, Jewell B. Davis, Hei-vey G. Machen, R. T. Coleman and Calvui E. Davis, dated March 11, 1993, and i•ecorded in the Clerk's Office of the Circuit Cou.i-t of the City of Vu•ginia Beach, Vii-ginia, in Deed Book 3209, at page 1404. prof. agt -29- Item T~ K. 5. PLANNING ITEM # 45588 Upon motron by Councilman Heischober, seconded by Councilman Branch, City Councrl ADOPTED an Ordrnance upon applicatton ofRA DEVELOPMENT COMPANY, L.L.C., for a Condtttonal Change of Zonmg ORDINANCE UPON APPLICATION OF RA DEVELOPMENT COMPANY, L L C FOR A CHANGE OFZONING FROMR-10 and O-1 to CONDITIONAL B-z Z010991048 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RA Development Company, L L C for a Change of ZonTng Dtstrtct Classification from R-10 Residential Dtstrict and O-1 Office Distrtct to Conditional B-2 Community Business Dtstrict on certain properry located at the southwest corner ofDiamond Springs Road and Wesleyan Drive (GPIN # 1468-34-6987, # 1468-35-2141) The proposed classificatton change to Conditional B-2 ts for commercial land use The Comprehensrve plan recommends use of this parcel for suburban residenttal low densiry at densittes that are compatible with srngle family use in accordance with other Plan policies Said parcel contams 3 17 acres BAYSIDE - DISTRICT ~ The followmg condition shall be required 1 Agreement encompasstng proffers shall be recorded wtth the Clerk of the CrrcuTt Court and is hereby made a part of the record This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordtnance Adopted by the Council of the Ctry of Virgtnia Beach, Virgmia, on the Twenty-sixth of Uctober, NTneteen Hundred and Ntnetv-Nrne ~ Votmg 8-0 (By Consent) Councrl Members Vottng Aye Linwood O Branch, III, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M"Don " Weeks Council Members Voting Nay None Council Members Abstainmg Wilham W Harrrson, Jr Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure Councilman Harrison ABSTAINED as his law firm provides legal servrces to the apphcant and several of rts limited lrabiliry company members October 26, 1999 i Y MARY MOORE WILLIAMS, a/k/a MARY M. WILLIAMS and JOHN G. WILLIAMS, her husband and RA DEVELOPMENT COMPANY, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of May, 1999, by and between MARY MOORE WILLIAMS, a/k/a MARY M. WILLIAMS and JOHN G. WILLIAMS, her husband, Property Owners; and RA DEVELOPMENT COMPANY, L.L.C., a Virginia ~ limited liability company, Contract Purchaser, herein collectively referred to as Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, herein referred to as Grantee. WITNESSETH: WHEREAS, Property Owners are the owners of two (2) parcels of property located in the Bayside District of the City of Virginia Beach, containing approximately 0.92 acres (Parcel, W-1) and 8.26 acres (Parcel, W-2) respect~vely and described in Exhibit "A" attached hereto and incorporated herein by this reference. All of Parcel W-1 and a 1.9 acre portion of Parcel W-2 (2.82± acres) are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from O-1 Office District and R-10 Residential District to B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and . PREPARED BY KES, CARNES BOURDON WHEREAS, the Grantors acknowledge that the competing and sometimes 8 AHERN PC ATTORNEYS AT LAW incompahble development of various types of uses conflict and that in order to 1 o- permit differing types of uses on and in the area of the Property and at the same time to recognizes the effects of change that will be created by the Grantors' PREPARED BY KES CARNES,BOURDON a AHERN, PC ATTORNEYS AT LAW proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land 'I similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of sa.id amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion 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 covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT OF PROPOSED WALGREENS AT DIAMOND SPRINGS ROAD AND WESLEYAN DRIVE for RA DEVELOPMENT COMPANY, L.L.C., dated May 14, 1999, revised June 7, 1999 - July 27, 1999", prepared by The TAF Group, which has been exhibited to the Virginia Beach City 2 Council and is on file with the Virginia Beach Department of Planning (hereinafter ~ "Site Plan") . 2. The Walgreens pharmacy building depicted on the Site Plan shall have the architectural design, and appearance as depicted on the "PROPOSED RETAIL FACILITY FOR WALGREENS DIAMOND SPRINGS ROAD AND WESLEYAN ROAD", prepared by Lyall Design Architects dated 7-23-99, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 3. The pnmary building material used to construct visible exterior , surfaces of the building as depicted on the Site Plan shall be a red colored brick as depicted on the Elevation. 4. The freestanding sign identified on the Site Plan shall be a red brick , PREPARED 8Y KES,CARNES,BOURDON a AHERN PC ATTORNEYS AT LAW based monument style sign as depicted on the Elevation. 5. The "2' high brick wall" as designated on the Site Plan along the frontage with Diamond Springs Road and Wesleyan Drive shall have the architectural appearance depicted on the Elevation. 6. When the Property is developed, reciprocal cross access easements shall be granted between the Property and the remaining portion of Parcel W-2 which is designated "Proposed Williams Parcel, Area = 6.36AC." over the drive aisles depicted on the Site Plan. 7. When the Property is developed, the driveway and sidewalk depicted within the unimproved right of way designated "Herbert Moore Road (40' R/W)" shall be constructed by the Contract Purchaser and the cost of ma.intaining these improvements shall be the obligation of the Contract Purchaser. 8. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to O-1, R-10 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in 3 force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above condit~ons, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning I of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the 'I I subsequent amendment is part of a comprehensive implementation of a new or '~ substantially revised Zoning Ordinance until specifically repealed. The conditions, ' however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the trme of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Sa.id ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall PREPAfiED BY KES,CARNES BOUHDON 8 AHERN PC ATTORNEYS AT LAW 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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 4 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances ' 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 they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. ~, PREPAFiED BY <ES CARNES, BOURDON 8 AHERN PC ATTORNEYS AT LAW S WITNESS the following signatures and seals: GRANTOR: ~ ~ • ~ ~L~~,l~f~ • ~ . ' (SEAL) Mary M re Williams a/k/a Mary M. Williams . -~~ (SEAL) hn G. Williams STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: 3 f-~~ The foregoing instrument was acknowledged before me this ~ day of ~ti~ll~S~, 1999, by Mary Moore Williams a/k/a Mary M. Williams and John G. Williams, her husband, :- ~ Notary Public My Commission Expires: ~'.Yj t~ ~~ 3~~7p~ PREPARED BY KES CARNES BOURDON 8 AHERN PC ATTORNEYS AT LAW 6 WITNESS the following signature and seal: GRANTOR: RA DEVELOPMENT COMPANY, L.L.C., a Virginia limited liability company By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: (SEAL) ;er The foregoing instrument was acknowledged before me this ~~~' day of t, , 1999, by Thomas G. Johnson, III, Manger of RA Development Company, L.L.C., a Virginia limited liability company on behalf of sa.id company. ,1.~ ~~ . ~ ~ Notary Public PREPARED BY <ES, CARNES BOURDON 6 AHERN PC ATTORNEYS AT LAW My Commission Expires: Nl~t,y 31, 200 3 7 EXHIBIT "A" LEGAL DESCRIPTION All those certa.in lots, pieces or parcels of land, lying and being situate in the City of Virginia Beach, Virginia and being known, numbered and designated as "Parcels `W- 1' and `W-2"' as shown on that certain plat entitled "SUBDIVISION OF PART OF PROPERTY OF JOHN G. & MARY M. WILLIAMS, REFERENCED MB. 185, P 29, DB. 2294, P 1573, BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA" and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 207, page 54. Paxcel W-1 contains 40,201 sq. ft. or 0.9229 Acres by said plat. Parcel W-2 contains 360,480 sq. ft. or 8.2755 Acres by said plat. W-1 GPIN NO.: 1468-34-698? W-2 GPIN NO.: 1468-35-2141 PREPARED BY KES,CARNES BOURDON 8 AHERN, PC ATTORNEYS AT LAW 8 EXHIBIT "B" LEGAL DESCRIPTION PREPARED BY KES CARNES,BOURDON 3 AHERN, PC ATTORNEYS AT LAW All those certain pieces, parcels and lots of land, in the Bayside District of the City of Virginia Beach located at the southwest corner of the intersection of Wesleyan Drive and Diamond Springs Road containing 2.82± acres depicted on that plat entitled "Rezoning Exhibit of Proposed Walgreens at Diamond Springs Road and Wesleyan Drive for RA Development Company, L.L.C., dated May 14, 1999, revised June 7, 1999", prepared by the TAF Group, which parcel is more particularly described as: BEGINNING at the point of intersection of the western right of way line of Diamond Springs Road and the northern right of way line of a platted but currently unimproved street designated as Herbert Moore Road (sometimes referred to as Moores Pond Road) and proceeding from sa.id corner South ?5° 43' S7" West, 399.38 feet to a point; thence North 14° 16' 03" West, 132.56 feet to a point; thence North 34° 44' 36" West, 70.49 feet to a point; thence North 15° 25' 56" East 121.79 feet to a point; thence North 29° 34' 04" West, 49.35 feet to a point; thence North 74° 34' 04" West, 270.22 feet to a point; thence North 29° 34' 04" West, 53.43 feet to a point; thence North 15° 25' 56" East, 38.97 feet to a point along the southern right of way line of Wesleyan Drive; thence following the southern right of way line of Wesleyan Drive South 74° 34' 04" East, 198.91 feet to a point; thence in a southeasterly direction along the arc of a curve with a radius of 291.50' an arc distance of 58.40 feet to a point; thence in a southeasterly direction along the arc of a curve with a radius of 308.50' an arc distance of 61.80 feet to a point; thence South 74° 34' 04" East, 157 feet to a point; thence South 15° 25' S6" West 1.50 feet to a point; thence South 74° 34' 04" East 15.00 feet to a point; thence South 15° 25' S6" West, 16.50 feet to a point; thence South 74° 34' 04" East, 15.00 feet to a point; thence North 15° 25' S6" East, 16.50 feet to a point; thence South 74° 34' 04" East, 94.00 feet to a point at the intersection of the southern right of way line of Wesleyan Drive and the western right of way line of Diamond Springs Road; thence following the western right of way line of Diamond Springs Road South 27° 30' S2" East, 40.94 feet to a point; thence in a southerly direction along the arc of a curve with a radius of 1975.97' an arc distance of 15.00 feet to a point; thence South 21° 34' 14" West, 27.80 feet to a point; thence in a southerly direction along the arc of a curve with a radius of 1987.97' an arc distance of 81.98 feet to a point; thence continuing in a southerly direction along the arc of a curve with a radius of 1987.97' an arc distance of 50.00 feet to a point; thence North 83° 16' 31" East, 12.04 feet to a point; thence in a southerly direction along the arc of a curve with a radius of 1957.97 feet an arc distance of 81.81 feet to the Point of Beginning. CONDREZN / RADEV / PROFFER 9 -30- Item V-K.6. PLANNING ITEM # 45589 Upon motion by Counctlman Heischober, seconded by Councrlman Branch, Crty Council ADOPTED Applicatron to AMEND the Ciry ZonTng Ordrnance by ADDING a definition of the term "solid waste management facility" and allow as a Condrtronal Use Permit in the I-2 Industrial Zonmg District Tfotmg 9-0 Counctl Members Vottng Aye Linwood O Branch, III, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor Willtam D Sessoms, Jr and A M"Don" Weeks Council Members Yottng Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE BY ADDING A DEFINITION OF THE TERM 3 "SOLID WASTE MANAGEMENT FACILITY" AND ALLOWING 4 SOLID WASTE MANAGEMENT FACILITIES AS A 5 CONDITIONAL USE IN THE I-2 INDUSTRIAL ZONING 6 DISTRICT 7 SECTIONS AMENDED: ~~ 111 AND 1001 8 WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 NOW , THERE FORE , BE I T ORDAI NED BY THE C I TY COUNC I L OF THE C I TY 11 OF VIRGINIA BEACH, VIRGINIA: 12 That Sections 111 and 1001 of the City Zoning Ordinance are 13 hereby amended and reordained to read as follows: 14 Sec. 111. Definitions. 15 For the purpose of this ordinance, words used in the present 16 tense shall include the future; words used in the singular number 17 include the plural and the plural the singular; the use of any 18 gender shall be applicable to all genders; the work "shall" is 19 mandatory; the word "may" is permissive; the word "land" includes 2 0 only the area described as being above mean sea level ; and the word 21 "person" includes an individual, a partnership, association, or 22 corporation. 23 In addition, the following terms shall be defined as herein 24 indicated: 25 . . . . 26 Solid Waste Manaqement Facili ty. A facility or site used for 27 the treatment, source separation, storage, transportation, transfer 28 or disposal of solid waste. 29 . . . . 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Sec. 1001. Use regulations [Industrial Districts]. (a) Principal and conditional uses . The following chart lists those uses permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use I-1 I-2 Solid waste manaqement facilities X C Adopted by the City Council of the City of Virginia Beach, Virginia, on 'this 26th day of October, 1999. CA-99-7494 Ordin\Proposed\45-111&1001.ord R-1 October 27, 1999 2 -31- Item Y-L.1. APPOINTMENTS ITEM # 45590 BY CONSENSZIS, Ctty Council RESCHEDULED the following APPOINTMENTS: HISTORICAL REVIEW BOARD PARKS AND RECREA TION COMMISSION October 26, 1999 - 32 - ITEM # 45591 Vice Mayor William D Sessoms, Jr , entertamed a motion to permrt City Counctl to conduct its CLOSED SESSION, pursuant to Section Z 1-344(A), Code of Virginra, as amended, , for the followrng purpose PUBLICLY-HELD PROPERTY Discussion or consrderatron of the acqursition of real properry for a public purpose, or of the disposttton ofpublicly-held real property, where discussion in an open meettng would adversely affect the bargatning position or negotiattng strategy of the public body, pursuant to Section 2 1- 3~4(A)(3) AcquTSitton / Disposrtion of Property - Prmcess Anne District (2 parcels) Upon motion by Councilman Heischober, seconded by Council Lady Parker, Ciry Council voted to proceed tnto CLOSED SESSION (6: 55 P.M.) Vottng 9-0 Council Members Vottng Aye Llnwood O Branch, III, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M"Don " Weeks Counctl Members Yoting Nay None Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 -33- ITEM # 45592 ViceMayor Willtam D Sessoms, Jr , RECONVENED the FOIZMAL SESSI0IV of the VIRGINIA BEACH C~TYCOUNCIL in the Crry Counctl Conference Room, CrryHall BuildTng, on Tuesday, October 26, ~998, at718PM Council Members Present Linwood O Branch, lll, William W Harrtson, Jr , Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M"Don " Weeks Council Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October 26, 1999 - 34 - CERTIFICATION OF CLOSED SESSION ~~'EM # 45593 Upon motton by Councllman Branch, seconded by Councilman Jones, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public busrness matters lawfully exempted from Open Meetrng requtrements by Virgrnia law were drscussed in Closed Session to which this certificatron resolution applies, AND, Only such publtc busmess matters as were TdentTfied rn the motion convening the Closed Session were heard, discussed or consrdered by Virgmra Beach Ciry Council Voting 9-0 Council Members Votrng Aye Lmwood O Branch, III, Wtlliam W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, ~Vancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr and A M"Don " Weeks Council Members Voting Nay None Councrl Members Absent Mayor Meyera E Oberndorf and Margaret L Eure October z6, 1999 ~~t Itt- f- (~~ f ~ ~ ~` Y~'~~~ ~-- ~ ~• ti~, r ~ ~ ' ~ ~~~ r r tl ~ ; ~~ i~ ,~w~'" ~`~t ~'~~s of j,o~~ ~~ ~ OUR K~ ~ ` CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 45591 Page 32, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS• Section 2 1-344 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law NOW, THEREFORE, BE 1T RESOLVED That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies, and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council '.~ Ruth Hodges Smith, CMC/AAE City Clerk October 26, 1999 -35- ITEM # 45594 BY CONSENSZIS, Ciry Counctl SCHEDULED: December City Council Sessions December 7, 1999 December 14, 1999 2:00 P.M. (Planning items shall be heard at both sessions) October 26, 1999 - 36 - Item V-O. ADJOURNMENT 1 TEM # 45595 Vice Mayor William D Sessoms, Jr , DECLARED the C~ry Coi~nctl Meettng ADJOURNED nt 7:20 P.M. --- --S/ :- ~o o% ---------------------------------- Beverly O ooks, CMC/AAE Wrllinm D Sessoms, Jr Chief Dept~ty City Clerk Vtce Mayor -~ ^ --------------------------------- -- ----------------- ' --- --- uth Hodges Smith CMC/.4AE Meyera E 4ber~dorf Mayor City Clerk Ctry of Virgrnia Beach Virg~n~a October 26, 1999