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HomeMy WebLinkAboutOCTOBER 7, 1997 MINUTESCity of Virginia I each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS, JR At Large JOHN A BAUM Blackwater Borough LIN~WOOD 0 BRA~q(H Ill V~r£m~a Bea, h Borough WILLIA~ W HARRISON JR Lynnhaven Borough HAROLD HEISCHOBER At Large BARBAPL4 fyi HENLEY Pungo Borough LOUIS R JONES Bays~de Borough REBA S ~/c( LANAN Princess Anne Borough NANCY K PARKER At Large LOUISA M STRAYHORN Kempswlle Borough JAMES K qPORE City ~anager LESLIE L LILLEY Cttv Attorney RUTH HOIX, ES SMITH C~C / AAE C~ty Clerk CITY COUNCIL AGENDA ( ITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 1757i 427 4303 October 7, 1997 I. REVIEW OF AGENDA ITEMS - Conference Room - 10:00 AM II. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 10:30 AM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: C, Reverend Samuel D. Beiler Tnnity Tabernacle Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS September 23, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PUBLIC HEARING le REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION a. OUR LADY OF PERPETUAL HELP, INC. J. RESOLUTION/ORDINANCES . e , . e Resolution to refer to the Planning Commission proposed amendments to the City Zoning Ordinance re Use Regulations for certain eating and drinking establishments; and, requesting the Planning Commission make recommendation to City Council. Ordinance to authorize the City Manager execute a Project Cooperation Agreement with the U S Army Corps of Engineers for Sandbridge beach nourishment, including beach erosion control and hurricane protection. Ordinance to APPROPRIATE a three-year interest-free loan of $33,000 from the General Fund Balance to the Chesapeake Beach Rescue Squad re replacing an ambulance. Ordinance to TRANSFER $750 from the FY 1997-98 General Fund Reserve for Contingencies to the FY 1997-98 Operating Budget of the Department of Social Services re reimbursement of legal fees incurred by a city employee in defense of a criminal charge arising from performance of official duties. Ordinance to authorize a temporary encroachment into a portion of an existing variable width City drainage easement at 3949 Topaz Lane by David M. Rappold re constructing and maintaining a wooden bulkhead and deck. Ordinances to authorize License Refunds in the amount of $28,798.08. K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOND REFERENDUM REVIEW COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - SEPTEMBER 1997 N. ADJOURNMENT COMMUNITY CONVERSATION Princess Anne High School October 21, 1997 6:00- 9:30 PM PUBLIC HEARING VIRGINIA BEACH COUNCIL CHAMBER THE COMPREHENSIVE PLAN OCTOBER 28, 1997- 2:00 PM If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * 10/03/97BAP AGENDA~ 10 - 07 - 97 www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 7, 1997 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING in the Council Conference Room, City Hall Building, on October 7, 1997, at 10'00 A.M Council Members Present: John A. Baum, Harold Heischober, Barbara M Henley, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Linwood O. Branch, III Louis R. Jones William W. Harrtson [ENTERED 10:30 A.M] [OUT OF THE CITY ON BUSINESS] [ENTERED 10 30 A M] -2- AGENDA RE VIEW SESSION 10:00 A.M. ITEM # 42653 The City Attorney advised the following item is only a PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION a. OUR LADY OF PERPETUAL HELP, INC. This item will be SCHEDULED for consideration during the City Council Session of October 14, 1997. ITEM # 42654 Council Lady Henley referenced: J. 2 Ordinance to authorize the City Manager execute a Project Cooperation Agreement with the U S Army Corps of Engineers for Sandbridge Beach Nourishment Council Lady Henley had advised the City Attorney the Sandbridge PCA does not contain any cost containment measures to assure the project does not exceed funding. The City Attorney has spoken to Public Works, and, hopefully a response will be received prior to the Formal Session regarding the Army Corps of Engineers agreeing to add cost containment measures so the cost does not exceed the $8.1- MILLION local funding. Council Lady Parker referenced concerns she had E-mailed to Kathleen Hassen. With this project, there will be more sand in the system. Rudee Inlet will require more attention to dredging to maintain the opening of the inlet. The City Manager advised there is a ]'ged amount of funds for the placement of the sand material; and, based on the bid price unit price, then the quantity will vary rather than the dollar amount. This is the approach the City wishes to undertake. Council Lady Henley advised the wording reflected the cost overruns would be determined by the Corps. Council Lady Henley did not wish this to be the case. The nonfederal sponsor, the City, should be able to control the cost overruns. Otherwise, the City would be considering a possible maximum amount of $12,980,000. The City must be assured the maximum is $8. I-MILLION. The Ctty Attorney suggested the motion be to ADOPT, subject to cost containment measures being added. The amendments will be provtded prior to the Formal Session. October 7, 1997 -3- AGENDA RE VIEW SESSION ITEM # 42655 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RES OL UTIONS/ORDINANCES J. 1 Resolution to refer to the Planning Commission proposed amendments to the City Zoning Ordinance re Use Regulations for certain eating and drinking establishments; and, requesting the Planning Commission make recommendation to City Council. *J. 2 Ordinance to authorize the City Manager execute a Project Cooperation Agreement with the U S Army Corps of Engineers for Sandbridge beach nourishment, including beach erosion control and hurricane protection. J. 3 Ordinance to APPROPRIATE a three-year interest-free loan of $33,0OO from the General Fund Balance to the Chesapeake Beach Rescue Squad re replacing an ambulance. Ordinance to TRANSFER $750 from the FY 1997-98 General Fund Reserve for Contingencies to the FY 1997-98 Operating Budget of the Department of Social Services re reimbursement of legal fees incurred by a city employee in defense of a criminal charge arising from performance of official duties. Ordinance to authorize a temporary encroachment into a portion of an existing variable width City drainage easement at 3949 Topaz Lane by David M. Rappold re constructing and maintaining a wooden bulkhead and deck. J. 6. Ordinances to authorize License Refunds in the amount of $28,798.08. *J. 2 will be ADOPTED, AS AMENDED, BY CONSENT. Council Lady Parker will vote NAY. October 7, 1997 -4- CITY COUNCIL CONCERNS 10:12 A.M. ITEM # 42656 Mayor Oberndorf advised she had received the information concerning the General Assembly ts coordinating with Newport News and Hampton for a Tech-Ed Center in conjunction with Christopher Newport and Tidewater Community College. This Center will train workers for industries. Council Lady Parker referenced the VO-TECH EDUCATION CENTER meeting on Monday, October 6, 1997. There was a request for commitment by the City. Council Lady Parker suggested a Briefing relative this item be SCHEDULED for the City Council of October 14, 1997 Information will be forwarded to City Council Members on Friday The group has been worktng together very well. Council Lady Parker said this Center will provide technical training for high school level as well as the college level education, with evening classes. ITEM # 42657 Council Lady Parker referenced the billboard on Shore Drive. Council Lady Parker requested a presentation during soon to be scheduled Ctty Council Session, relative the procedures and guidelines established regarding the billboard. ITEM # 42658 Council Lady Parker referenced the concerns relative the noise impact of the Amphitheater on the adjacent neighborhood. The City Clerk provided copies of the Verbatim of March 28, 1995, relative the noise issue (applications of the CITY OF VIRGINIA BEACH at the intersection of Princess Anne Road and North Landstown Road (PRINCESS ANNE BOROUGH): Conditional Change of Zoning from 0-2 Office District to AG~I Agricultural District, 80 acres; Conditional Change of Zoning from B-2 CommuniN Business District to AG-1 Agricultural District, 25 acres; Conditional Change of Zoning from R-lO Residential District to AG-I Agricultural District, 5 acres; Conditional Use Permit. for a recreattonal faciliN of an outdoor nature (amphitheater), West of North Landstown Road beginning at a point 2200 feet more or less Southwest of the intersection, containing 110 acres A Statement of Sound Restrictions for the Lake Ridge Amphitheatre had been developed. ,4 log form was to be developed to include date, performer(s), temperature, wind velocity/direction with starting and ending time of the concert. The Police Department (or Zoning Administration) staff will perform sound measurements at the nearest residential property to the Amphitheater on a direct line from the complainant's location to the Amphitheater. Council Lady Parker believes the issue is not whether they are complying with the noise guidelines established. Apparently the sound board is controlled by the performers, not Cellar Door Neighborhoods are still being impacted by the noise. Apparently in other Amphitheaters, the noise level is lowered. The City Manager advised forwarding a report to Council Lady Parker on the newly installed system, which is far better than a hand-held decibel meter in terms of consistently recordtng The City Manager noted the sound level has been lowered. Cellar Door will provide a Briefing concerning the activities of Cellar Door relative the noise issue. Mayor Oberndorf reiterated Channel 13 had a reporter and cameraman to investigate the noise at the Amphitheater. Mayor Oberndorf referenced calls from the residents of Brazier Lane concerning the noise. Mayor Oberndorf spoke with Cellar Door and requested representattves be sent to the netghborhoods. In the course of the conversations, it was determined the residents wish the decibel level lowered and request a sound wall be built to protect their homes. October 7, 1997 -5- CITY COUNCIL CONCERNS ITEM # 42658 (Continued) Council Lady Henley referenced her comments and those of Bill Reid in the Verbatim of March 28, 1995: "~Ill right. You do the best design you can. You build the best facility you can and we .find that noise is a problem in the neighborhoods, what options do you have to cure it?" Bill Reid said: "One option is we turn it down." Then, Mr. Reid further stated: "In fact, not all acts play at 105. ,ds a matter of fact, Jimmy Buffet plays at 98 or 102. Travis Tripp is at 98. You have Wynona Judd who plays at about 95. So there's a variance there Obviously, the symphony is sometimes 90, 91." It seems to be now the City Council is told, the decibels cannot be under 105 She did not appreciate being told one thing during City Council's consideration of the Amphitheater and then being told another after the Amphitheater is in place Council Lady Parker expressed further concerns relative the sound wings being built to standard. ITEM # 42659 Council Lady Henley referenced the memorandum relative the False Cape Lodge meeting on Friday, October 2, 1997. Council Lady Henley advised in fifteen years on the City Council she would not consider giving staff directions; and, she had questions related to some of these directions Council Lady Henley does not believe the utilization of historic structures should be the authority of any one person. She was confused relative the term "water jitney", which Robert Matthias discussed and would also like to review Barry Franken.field's plan for the park. Council Lady Henley wished copies of the staff report. Council Lady McClanan said Barry Frankenfield did not have a complete plan. He ts reviewtng the issues The City Manager advised all the ideas are being explored as part of the study to determine if there is feasibility for some kind ora high quality facility at False Cape. There have been no plans formahzed at this particular juncture. No action will be taken without State, Federal agenctes and City Council approval. October 7, 1997 -6- ITEM # 42660 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 7, 1997, at 10:27 A.M. Council Members Present: John A. Baum, Harold Heischober, Barbara M Henley, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Linwood O. Branch, III, Wtlham W. Harrtson, Jr. and Louis R. Jones October 7, 1997 -7- ITEM # 42661 Mayor Meyera E. Oberndorf entertatned a motton to permit C~ty Councd to conduct ~ts EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virgima, as amended, for the following purpose' PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2 1-344 (A) (I). To Wit: Appointments - Boards and Commissions: Board of Building Code Appeals Bond Referendum Review Committee Senior Services of Southeastern Virginta Tidewater Community College Advisory Board Police Department Personnel Issues PUBLICLY-HELD PROPERTY. Discussion or constderation of the condttion, acqmsition, or use of real property for public purpose, or of the dispositton of pubhcly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Excess Property - Kempsville Borough Thirty-first Street Development Community Services Board Project False Cape Lodge Project Rudee Loop Project Lynnhaven and Pembroke District Improvements Nineteenth Street Municipal Property Multi-Purpose Stadium TCC School's Technology Center LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Yacht Sales International, Inc. versus City of Virginia Beach et al A T & T Wireless P C, et al versus the City Council of the City of Virginia Beach Police Department Litigation Issues Sandbridge Beach Nourishment Project Lake Gaston Water Supply ProJect Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Councd voted to proceed into EXECUTIVE SESSION. October 7, 1997 -8- ITEM # 42661 (Co#ti#aed} Voting: 8-0 Council Members Voting ~4ye: John ,4 Baum, Harold Heischober, Barbara M. Henley, Reba S McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Councd Members ~4bsent : Linwood O. Branch, III, William W. Harrison, Jr. and Louis R. Jones September 9, 1997 -9- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL October 7, 1997 2:30 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 7, 1997, at ?'30 P.M. Council Members Present: John A Baum, Linwood O. Branch, I[I, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Louis R. Jones [OUT OF THE CITY ON BUSINESS] INVOCATION: Reverend Samuel D. Beiler Trinity Tabernacle Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the ~4ct, either individually or in his capacity as an o~cer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council Vice Mayor Sessoms' letter of January 1, 1997, is hereby made a part of the record. October 7, 1997 - 10- Item IV-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM ii 42662 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified tn the motton convening the Executive Session were heard, discussed or considered by Vtrginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones September 9, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42661, Page 7 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, {JMC/AAE City Clerk October 7, 1997 -11 - Item IV-F. 1. MINUTES ITEM # 42663 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September 23, 1997. Vottng: 10-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, I[I, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Vottng Nay: None Council Members Absent: Louis R. Jones September 9, 1997 - 12- Item IV-G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42664 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 9, 1997 - 13- Item IV-L 1.a. PUBLIC HEARING ITEM # 42665 Mayor Oberndorf DECLARED ,4 PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION OUR LADY OF PERPETUAL HELP, INC. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 9, 1997 - 14- Item IV-J. RES OL U TIONS/ORD IN,4 NCES ITEM # 42666 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl APPROVED BY CONSENT in ONE MOTION Ordinances 1, 2 (AS AMENDED), 3, 4, 5 and 6 Voting: I0-0 Council Members Voting Aye: John ~4 Baum, Linwood O. Branch, III, William W Harrison, Jr., HaroM Heischober, Barbara M Henley, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker*, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Councd Members Absent: Louis R. Jones Council Lady Parker advised she will be voting a VERBAL NAY on Item 2. October 7, 1997 - 15- Item IV-J. 1. RES OL UTIONS/ORDINANCES ITEM # 42667 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to refer to the Planning Commission proposed amendments to the City Zoning Ordinance re Use Regulations for certain eating and drinking establishments; and, requesting the Planning Commission make recommendation to City Council. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay None Council Members Absent: Louis R. Jones October 7, 1997 Requested by Councilmember Reba S. McClanan A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO THE CITY ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR CERTAIN EATING AND DRINKING ESTABLISHMENTS WHEREAS, the use regulations for eating and drinking 8 establishments that are not family restaurants need to be 9 strengthened to ensure against the transmutation of family 10 restaurants into establishments which may be adverse to the City's interest in protecting and preserving the quality of its neighborhoods and commercial districts; and 13 WHEREAS, the public necessity, convenience, general welfare and good zoning practice require such action; 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That there is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to 19 the City Zoning Ordinance eliminating the hours of operation for 20 certain eating and drinking establishments. The Planning 21 Commission is hereby requested to adopt its recommendation at its 22 October 8, 1997 meeting. 23 A true copy of such proposed amendments is hereto attached. 24 Adopted by the City Council of the City of Virginia 25 Beach, Virginia, on the ? day of October , 1997. 26 27 28 29 CA-97-6783 WMM/ORDRES/EATDRINK.RES R-1 September 9, 1997 30 31 32 33 APPROVED AS TO CONTENT: P 1 ann~ APPROVED AS TO LEGAL SUFFICIENCY: Law Department ~ AN ORDINANCE TO AMEND CITY ZONING ORDINANCE REGULATIONS PERTAINING TO CERTAIN EATING AND DRINKING ESTABLISHMENTS SECTIONS AMENDED: CITY ZONING ORDINANCE §§ 901, 1001, 1501, 1511 and 1521 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 901, 1001, 1501, 1511 and 1521 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 Sec. 901. Use regulations [Business Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business 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 B-1 B-IA B-2 B-3 B-3A B-4 Eating and drinking establishments where all four three of the following occur: 1. Alcoholic beverages are served; 2. The establishment is located within five hundred (500) feet of a residential or apartment district; and 3. Thc cstablishmcnt cpcratcs at any timc ~ ...... 12'00 The establishment excludes mincru 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 the basis of during any part of the day, or provides entertainment, audible from an adjoining property. X X C C C C COMMENT Under current CZO regulations, eating and drinking establishments require conditional use permits only if all four of the listed factors occur. Thus, if such an establishment were to close at 11:59 p.m., it would not need a use permit, even if the other three factors were present. The amendment would eliminate the time of closing as a criterion for determining whether an eating and drinking establishment requires a use permit. The amendments also revise the language concerning the exclusion of minors to reflect the fact that the age at which persons may lawfully purchase alcoholic beverages has been raised. 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 permit t ed. 70 Use I - 1 I-2 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 Eating and drinking establishments where all four three of the following occur: 1. Alcoholic beverages are served; 2. The establishment is located within five hundred (500) feet of a residential or apartment district; and 3, 4-r. The establishment excludes ~ persona on the basis of age during any part of the day, or provides entertainment audible from adjoining property. C 9O COMMENT 91 92 The Comment to Section 901 applies equally to the amendments to this section. 93 Sec. 1501. Use regulations [RT-1 Resort Tourist District]. 95 (b) Conditional uses and structures: Uses and structures 96 hereinafter specified, subject to compliance with the provisions of 97 part C of article 2 hereof: 99 (2) Restaurants operated in conjunction with hotels and 100 ~ ~^^ '~ both of the following occur; motels where ......... ~, 101 provided, however, that drive-through facilities shall 102 not be permitted: 103 (i) Alcoholic beverages are served; and 104 ........... s ........ ~ ~ t ..... twccn 105 ..... ~ ....... 2 - 00 ...... ; and 106 (ii) The establishment excludesm~.nor~' - ,~~' .......... ~..~^- ~ ..... .... ~"~= 107 ^~^ '~" ~ ....... ~: ~-'"x persons on the basis of age during 108 any part of the day. 109 .... 110 COMMENT 111 The Comment to Section 901 applies equally to the amendments to this section. 112 113 Sec. 1511. Use regulations IRT-2 Resort Tourist District] 114 .... 115 (c) Conditional uses and structures: Uses and structures 116 hereinafter specified, subject to compliance with the provisions of 117 part C of article 2 hereof; provided, however, that except as set 118 forth in subdivision (5.5), drive-through facilities shall not be 119 permitted as a conditional or accessory use: 120 .... 121 (6) Eating and drinking establishments where ...... rc~ (3) both of 122 the following occur: 123 (i) Alcoholic beverages are served; and 124 (~) ~ - y ~-^ bct ~ ............... ~ ........ an t~,,,~ wccn ~:00 125 ........ ~ ....... 2-00 ...... ; and 126 (iii) (ii) The establishment excludes minors (pcrsons under twcnty 127 persons on the basis of age during 128 any part of the day. 129 .... 130 COMMENT 131 The Comment to Section 901 applies equally to the amendments to this section. 132 Sec. 1521. Use regulations [RT-3 Resort Tourist District] 133 .... 134 (c) Conditional uses and structures: Uses and structures 135 hereinafter specified, subject to compliance with the provisions of 136 part C of article 2 hereof; and provided, that except as set forth 137 in subdivision (5.5), drive-through facilities shall not be 138 permitted as a conditional or accessory use in any portion of the 139 district east of Arctic Avenue, south of Winston-Salem Avenue and 140 4th Street, or north of 35th Street: 141 .... 142 (6) Eating and drinking establishments where all ~-^^~,,~ '~,~, both of 143 the following occur: 144 (i) Alcoholic beverages are served; and 145 146 147 (~' ~' i) (ii) The establishment excludes 148 149 ~ '~ ~ ....... ~ -~^~ persons on the basis of age during any part of the day. 150 .... 151 152 COMMENT The Comment to Section 901 applies equally to the amendments to this section. 153 154 on this Adopted by the City Council of the City of Virginia Beach day of 1997. 155 156 157 158 CA-97-6781 Wmm\ordres \45 - 90 let. com September 24, 1997 R-4 APPROVED AS TO CONTENT Department of Planning APPROVED AS TO LEGAL l)Ve'p~rtment of - 16- Item IV-J.2. RES OL UTIONS/ORDINANCES ITEM # 42668 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordinance to authorize the City Manager execute a Project Cooperation Agreement with the U S Army Corps of Engineers for Sandbridge beach nourishment, including beach erosion control and hurricane protection. Line 22 insert after the words "...which authorizes the Project as previously endorsed by the Council" ";and Whereas, the negotiated Draft Project Agreement specifically states the intention to limit the City's cash contribution to $8.1-MILLION and outlines several provisions to allow city influence in limiting expenditures' beyond this amount, up to and including termination of the agreement." Line 33 insert after the words "...in the Office of the City Clerk.'" "FURTHER, that the City Manager is directed to hmtt the Ctty-funded cash contribution for the one-time, emergency beach replenishment project to $8. I-MILLION. Voting: 9-1 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL William IV. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. Nancy K. Parker* Council Members Absent: Louis R. Jones * Verbal Nay October 7, 1997 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PROJECT COOPERATION AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR THE SANDBRIDGE BEACH NOURISHMENT PROJECT WHEREAS, by Resolution No. RES 96-02507 adopted by the City 9 Council on December 17, 1996, the City Council endorsed the concept 10 of a one-time, City-funded, federally sponsored emergency beach 11 nourishment project at Sandbridge Beach (the "Project") subject to 12 negotiation of a Project Cooperation Agreement with the Army Corps 13 of Engineers; 14 WHEREAS, funds for construction of the Project in the sum of 15 $8.1 million have previously been appropriated; 16 WHEREAS, the City Attorney and City Manager have been 17 authorized to acquire sufficient public property interests in the 18 beach of Sandbridge to enable construction of the Project; 19 WHEREAS, the U. S. Army Corps of Engineers and City 20 representatives have negotiated a Draft Project Cooperation 21 Agreement dated September 11, 1997 which authorizes the Project as 22 previously endorsed by the Council; and 23 WHEREAS, the negotiated Draft Project Cooperation Agreement 24 specifically states the intention to limit the City's cash 25 contribution to $8.1 million and outlines several provisions to 26 allow City influence in limiting expenditures beyond this amount, 27 up to and including termination of the agreement. 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 THAT the City Manager is authorized and directed to execute a 31 Project Cooperation Agreement with the U. S. Army Corps of 32 Engineers for the construction of a Beach Erosion Control and 33 Hurricane Protection Project at Sandbridge Beach, in substantial 34 conformity with the Draft Project Cooperation Agreement dated 35 September 11, 1997, a copy of which has been provided to the 36 Council and is available for public inspection in the Office of the 37 City Clerk. 38 FURTHER, that the City Manager is directed to limit the City- 39 funded cash contribution for the one-time, emergency beach 40 replenishment project to $8.1 million. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of October , 1997. 43 44 45 46 CA-6803 Noncode/Sandbrid. Ord October 8, 1997 R-2 -17- Item IV-&$. RES OL UTIONS/ORDINANCES ITEM # 42669 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED: Ordinance to APPROPRIATE a three-year interest-free loan of $33,000 from the General Fund Balance to the Chesapeake Beach Rescue Squad re replacing an ambulance. Voting: 10-0 (By ConsenO Council Members Voting dye: John A Baum, Linwood O. Branch, III, William W. Harrison, Jr, HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor Wdliam D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones October 7, 1997 AN ORDINANCE TO APPROPRIATE $33,000 FROM THE GENERAL FUND, FUND BALANCE FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE CHESAPEAKE VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE WHEREAS, the Chesapeake Beach Volunteer Rescue Squad 8 recently retired the oldest running ambulance in the City and, as 9 a result, the rescue squad only has two operational ambulances; 10 WHEREAS, the Chesapeake Beach Volunteer Rescue Squad 11 applied for and received a State Rescue Squad Assistance Grant in 12 the amount of $33,780, which will be applied toward the purchase of 13 the replacement ambulance; 14 WHEREAS, an additional $33,000 will be needed to provide 15 sufficient funds for the Chesapeake Beach Volunteer Rescue Squad to 16 the complete the purchase of the replacement ambulance; 17 WHEREAS, the Chesapeake Beach Volunteer Rescue Squad does 18 not presently have adequate funds to purchase the replacement 19 ambulance, but through fund-raising efforts, will be able to raise 20 sufficient funds to repay an interest-free loan from the City of 21 Virginia Beach in the amount of $33,000; and 22 WHEREAS, the Chesapeake Beach Volunteer Rescue Squad has 23 previously had interest-free loans from the City that it has repaid 24 on-time or ahead of schedule, and foresees no deviation from that 25 previous performance on future loans; 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 That $33,000 from the General Fund, fund balance be 29 appropriated as an interest-free loan to the Chesapeake Beach 30 Rescue Squad for the purpose of replacing an ambulance; 31 BE IT FURTHER ORDAINED: 32 That the loan be repaid with equal payments of $11,000 to 33 be made due on the 1st day of November each year, beginning on 34 November 1, 1998 and ending on November 1, 2000. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the ? day of October , 1997. Approved as to Legal Sufficiency 37 Prepared by the Department of Management Services/ 38 users/pharris/budget98/emsloan.ord Chesapeake Beach Volunteer Fire and Rescue Department, Inc. P.O. Box 5674 Virgmta Beach, Virginia 23455 · Tel. 460-7509 September 5, 1997 Bruce Edwards Darector EMS 1917 Arctac Ave Vtrgm~a Beach, VA 23451 Dear Bruce' Chesapeake Beach Volunteer Fare and Rescue Department, Inc ~s requesting a loan from the c~ty tn order to replace 421 As you may know 421 was the oldest runntng ambulance tn the c~ty until recently when we were forced to rettre her after 16 years of service. We currently are down to 2 operataonal ambulances and need a replacement for 421 tn order to continue prov~dtng the care to our c~tazens to the level requared. We were fortunate enough to receive a Rescue Squad Assistance Fund Grant (RSAF) from the State tn order to purchase a new ambulance. With the money that we have tn our CIF account and the grant money we stall need an addmonal $33,000 We are requesting a loan from the c~ty to be prod back over 3 years tn annual tnstallments Russ Gates, President Chesapeake Beach Volunteer Fare and Rescue Department, Inc .PJ~x VA Beach VA F. nelos~ you ~Mi also find ~he Ormu R~.~tb~me~ ~~, ~ ~t F~ ~ ~ A~u~ Act. the~ funda cmn be u~d for sX)provoct exlw~lia~ea do~ ~ 19~ for ~ ~ ~ ~a~, ~ ~ ~y ~ ~ ~ ~ ~ 30, If you ~ any ~ ~ etmmot C~rol Morrow, R,$AP at (804) 37t-3500 o~ 1-800-523-6019. Rax~lnlph L. Oord~, M.D., M.P.H. Commmie~ A~ 09/10/97 20 '04 TX/RX NO. 2840 P.O01 I - 18- Item IV-J. 4. RES OL UTIONS/ORDINANCES ITEM # 42670 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $750 from the FY 1997-98 General Fund Reserve for Contingencies to the FY 1997-98 Operating Budget of the Department of Social Services re reimbursement of legal fees incurred by a city employee in defense of a criminal charge arising from performance of official duties. Voting: 10-0 (By ConsenO Council Members Voting Aye' John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr, HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones October 7, 1997 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF A DEPARTMENT OF SOCIAL SERVICES' EMPLOYEE FOR LEGAL EXPENSES INCURRED BY HER IN HER DEFENSE OF A CRIMINAL CHARGE THAT WAS DISMISSED BY THE COURT WHEREAS, a Virginia Beach Social Services employee was charged 7 with assault and battery for actions arising out of the performance 8 of her official duties; WHEREAS, this charge against the employee was dismissed by the 10 Virginia Beach General District Court on July 2, 1997; 11 WHEREAS, in the defense of said charge, the employee incurred 12 legal fees in the amount of $750, and has requested the City to 13 reimburse her for such fees; 14 WHEREAS, Section 15.1-19.21:1 of the Code of Virginia provides 15 that "[i]f any officer or employee of any county, city or town 16 shall be ... prosecuted on any criminal charge arising out of any 17 act committed in the discharge of his official duties, and ... the 18 charge is subsequently dismissed, or upon trial he is found not 19 guilty, the governing body of the county, city or town may 20 reimburse the officer or employee for reasonable legal fees and 21 expenses incurred by him in defense of the ... charge .... "; and, 22 WHEREAS, the City Attorney's Office has reviewed the 23 circumstances of this case, assessed the itemized bill submitted by 24 the employee's legal counsel, and determined that the legal fees 25 incurred by the employee are reasonable. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 That the City Manager is hereby authorized to transfer funds 29 in the amount of $750 from the FY 1997-98 General Fund Reserve for 30 Contingencies to the FY 1997-98 Operating Budget of the Department 31 of Social Services for the purpose of reimbursing a City employee 32 for legal fees incurred by her in her defense of a criminal charge 33 34 35 36 37 brought against her arising out of the performance of her official duties. Adopted by the City Council of the City of Virginia Beach on this ? day of October 1997. 38 39 40 41 CA-6740 DATA/ORDIN/PROPOSED/FEES. ORD OCTOBER 30, 1997 R2 APPROVED AS TO CONTENT Management&Budget APPROVED AS TO LEOAL SUFFICIENCY Department of Law - 19- Item IVoJ.$. RES OL UTIONS/ORDINANCES ITEM # 42671 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of an existing variable width City drainage easement at 3949 Topaz Lane by David M. Rappold re constructing and matntaining a wooden bulkhead and deck. The following conditions shall be required. I. . . The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the Ctty of Virginia Beach and tn accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. The temporary encroachment shah terminate upon notice by the City of Virginia Beach to the applicants and, within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's drainage easement by the applicant and the applicant shall bear all costs and expenses of removal. The applicants shall tndemnify and hold harmless the City of Virgtnia Beach, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees tn case it shah be necessary to file or defend an action arising out of the locatton or existence of such temporary encroachment. No permission or authority is given to the applicants to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent spectfied herein, nor to permit the maintenance and construction of any encroachments by any one other than the applicants. The applicants agree to maintain the temporary encroachments so as not to become unsightly or a hazard. The applicants must obtain a permit from the Development Services Center or Waterfront Operations, whtchever ts applicable, prior to commencing any construction within the Ctty'S drainage easement. The applicants agree that prior to issuance of a permit, they wtll post a Performance Bond tn the amount of $I,000 or in accordance wtth engineer's cost estimate. October 7, 1997 - 20 - Item IV-J. 5. RESOLUTIONS/ORDINANCES ITEM # 42671 (Continued) The City, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100. 00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones October 7, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF AN EXISTING VARIABLE WIDTH CITY DRAINAGE EASEMENT BY DAVID M. RAPPOLD, HIS HEIRS ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, DAVID M. RAPPOLD, desmres to construct and maintain a wooden bulkhead and deck wmth~n an existing varmable width City dramnage easement located at 3949 Topaz Lane. WHEREAS, City Council is authorized pursuant to ~§ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize a temporary encroachment withmn the City's existing dramnage easement subject to such terms and condmtlons as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authormty and to the extent thereof contamned in §§ 15.1-316 and 15.1-893, Code of Virginma, 1950, as amended DAVID M. RAPPOLD hms hemrs, assmgns and successors mn tztle is authorized to construct and mamntain a temporary encroachment for a wooden bulkhead and deck wmthin the Cmty's existing drainage easement as shown on the map entitled: "SITE MAP MR. RAPPOLD 3949 TOPAZ LANE VA BEACH, VA," a copy of which ~s on f~le in the Department of Publmc Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, condmt~ons and crmterma contained ~n the Agreement between the City of Vmrgmn~a Beach and DAVID M. RAPPOLD, (the "Agreement") which ~s attached hereto and 32 ~ncorporated by reference; and 33 BE IT FURTHER ORDAINED that the City Manager or his 34 35 authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that th~s Ordinance shall not be 36 in effect until such t~me as DAVID M. RAPPOLD, and the City Manager 37 or his authorized designee execute the Agreement. 38 39 Adopted by the Council of the C~ty of V~rgln~a Beach, Virginia, on the ? day of October , 1997. 4O 41 42 43 CA-# ~ ~ SBURNS\TK\ RAPPOLD. ORD R-1 PREPARED: 9/16/97 [D AS TO CONTENTS APPROVED AS TO LEGAL CITY ATTORNEY ~UNSTREA LOCATION MAP SC, ALE: 1" = 1600' TOPAZ LA. S/T, LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO ~ClTY DRAINAGE EASEMENT AT 3949 TOPAZ~ .~ t ~ \~ \l ~ \/~ LANE FOR DAVID M. RAPPOLD~ · \ ~\ ~.~J PREPARED BY P/W ENG. DRAFT. CTOPAZ. DGN) 04-SEP-1997 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this '-~t-~J~ day of ~t$~[ ~ , 19~ 7 by and between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation, Grantor, party of the first part, and DAVID M. RAPPOLD, single, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a wooden bulkhead and deck in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such wooden bulkhead and deck, it is necessary that the said party of the second part encroach into a portion of an existing City drainage easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such wooden bulkhead and deck within a portion of the City's drainage easement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's drainage easement for GPIN 1485-03-9198 the purpose of constructing and maintaining such wooden bulkhead and deck. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's drainage easement described as: "NEW BULKHEAD 55' and NEW 10'x 10' DECK" as shown on that certain plat entitled: "SITE MAP MR. RAPPOLD 3949 TOPAZ LANE VA BEACH, VA IN: ROCK CREEK AT: VA BEACH, VA APPLICATION BY: MR. RAPPOLD SHT. 3 OF 7 DATE: 4-19-97," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's drainage easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including 2 reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from either the Development Services Center or Waterfront Operations, whichever is applicable, prior to commencing any construction within the City's drainage easement. It is further expressly understood and agreed that prior to issuance of a permit, the party of the second part must post a Performance Bond in the amount of $1,000 or in accordance with the engineer's cost estimate. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, DAVID M. RAPPOLD, single, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH city Manager/Authorized Designee of the City Manager City Clerk APPROVED AS TO LEGAL SUFFICIENCY STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF %/;R~)~/~ CITY/~=~W~-~ OF %///~.)Jg.~/4 -~/-~4, to-wit: The foregoing instrument was acknowledged before me this ~ 4~day of ~ ~~~ , 19 ~7 , by DAVID M. RAPPOLD, single. My Commission Expires: Notary Public (A?~PROVED, qAS ,,TO CONTENT SIGNATUIII~ D~PAilIMENT PURPOSE: NEW BULKHEAD DATUM' NORMAL WATER ADJACENT PROPERTY OWNERS SITE MAP MR. RAPPOLD 3949 TOPAZ LANE VA BEACH. VA tN: ROCK CREEK AT: VA BEACH, VA APPLICATION BY: MR. RAPPOLD - 21 - Item IV-J. 6. RES OL UTIONS/ORDINANCES ITEM # 42672 Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED: Ordinances to authorize License Refunds tn the amount of $28, 798.08. Voting: 10-0 (By ConsenO Council Members Voting Aye' John A. Baum, Linwood O. Branch, III, William IV.. Harrtson, Jr., Harold Hetschober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay' None Council Members Absent: Louis R. Jones October 7, 1997 FORM NO C A ~1 REV 3'~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcations for license refunds, upon certificabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Amencan Pump Sales Inc 1145 Warner Hall Dnve Va Beach VA 23454 Baby Express Inc 2209 Earl Of Essex Dnve Va Beach VA 23454 Combat Zone Inc 803 Houseman Court Va Beach VA 23462 1994-96 Audit 1995-96 Audit 104 76 104 76 18 51 18 51 1996 Audit 16 04 16 04 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $139.31 of the C~ty of V~rg~n~a Beach on the 7 Certified as to Payment ~C m~--tmlssloner of the Revenue " Approved as to form C~ty Attorney were approved by the Council day of October ,19 97 Ruth Hedges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon cerbflcation of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Feuerhahn Gene E 2032 Bay Breeze Cove Va Beach VA 23454 Global D~stnbutors Inc P © Box 5977 Va Beach VA 23455 Guru Krupa Inc 3500 Atlanbc Ave Va Beach VA 23451 Lambd~n Office Machines Inc 1325 Savory Crescent Chesapeake VA 23320 1994-97 Audit 946 48 1995-97 Audit 714 05 1995 Audit 38 47 1994-95 Audit 531 39 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,230 39 of the C~ty of V~rg~n~a Beach on the 7 946 48 714 05 38 47 531 39 Cerhfled as to Payment P Vaugha(r'" ' Commissioner of the Revenue Approved as to form C~ty Attorney were approved by the Council day of Oct. obe]: ,1 9 97 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Lolzou Inc 5012 Va Beach Blvd Va Beach VA 23462 Raval, Plyush R 1705 Butterchurn Court Va Beach VA 23456 Sandbrldge Market Inc 2401 Tono Court Va Beach VA 23456 Sarrett, David L MD PC 2717 Shorehaven Dr,ve Va Beach VA 23454 1996-97 Audit 3,988 53 1994-95 Audit 56 91 1994 Audit 3,511 41 1997 Audit 50 00 Th~s ordinance shall be effect,ve from date of adoption The above abatement(s) totaling $7,606 85 of the C~ty of V~rg~n~a Beach on the 7 3,988 53 56 91 3,511 41 5O 00 Certified as to Payment ~-¢¢~R~ al:CP' VaughatCr/' - ~,Comm~ssioner of the Revenue Approved as to form ~"~slIe L L,II~"~ '" ~ C~ty Attorney were approved by the Council day of Octobez: ,1997 Ruth Hodges Smith C~ty Clerk FORM NO C A 8 REV 3/N 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 cerbficat~on of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL SCB Sales Inc P O Box 8983 Roanoke VA 24014 Selhng Soles Inc 3619 Pacific Ave Va Beach VA 23451 T~tus, Herbert W 2400 Carolina Road Chesapeake VA 23322 1995-96 Audit 1995-97 Audit' 1995-96 Audit 2O O7 373 89 193 11 20 O7 373 89 193 11 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $587 07 of the C~ty of V~rg~n~a Beach on the Cerbfled as to Payment Approved as to form L~"~ L Lilley C~ty Attorney were approved by the Council day of October ,19 97 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commismoner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Boney Wdson & Sons Inc P O Box 1000 J Berg Portland ME 04014 Clements & Basdone, PLLC 244 Mustang Trad Va Beach VA 23452 Hummel Electric Service Corp 2324 Rock Lake Loop Va Beach VA 23456 Howard, Robert G 4601 Notley Court Va Beach VA 23456 1995-97 Audit 15,257 26 1996 Audit 446 37 1996 Audit 71 15 1994-96 Audit 30 00 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $15,804 78 of the C~ty of V~rg~n~a Beach on the 7 15,257 26 446 37 71 15 3O 00 Cert~hed as to Payment (~cc~bfm~lsPsloVna2rg ho~l~R eve n u e Approved as to form ~f'~sl~ L L, Ile~' ~ C~ty Attorney were approved by the Council day of October ,19 97 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for license refunds, upon cerbfication of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Leonard, Welhngton T 26575 North Wrangler Rd Scottsdale AZ 85255 Perkins, LInda Arlene 5300 Kempsnver Drive 112 Va Beach VA 23452 RTR Pa~nbng, Inc 1820 Legare Lane Va Beach VA 23464 Ryder Truck Rental Inc P O Box 020816 M~am~ FL 33102 1995-96 Audit 1995-96 Audit 1995-97 Audit 1994-96 Audit Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,454 53 of the C~ty of V,rg~n~a Beach on the 1618 1618 38 05 38 05 552 59 552 59 847 71 847 71 Certified as to Payment ~'l~obert P Vaughan~'"- Commissioner of the Revenue Approved as to form were approved by the Council day of Oc t. obez: ,19 97 Ruth Hodges Smith City Clerk FOF~M NO C A I REV 3~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicabons for license refunds, upon certificabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Slate, Donald M & Sally S 9550 Bay Front Dnve Norfolk VA 23518 Texas Aluminum Indust Inc 2900 Patio Dnve/D Sp~vey Houston TX 77017 W~ng Lee Hon Inc 313 Kellam Road Va Beach VA 23462 1995-97 Audit 1996-97 Audit 1994 Audit 99 O4 855 61 2O 5O 99 04 855 61 2O 5O Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $975 15 7 of the C~ty of Wrg~n~a Beach on the Cerbhed as to Payment (-~'"Robert P Va~ Commissioner of the Revenue Approved as to form ~L~illey ~ C~ty Attorney were approved by the Council Oct. obe]: day of ,19 97 Ruth Hodges Smith C~ty Clerk - 22 - Item IV-K. 1. APPOINTMENTS ITEM # 42673 BY CONSENSUS, City Council RESCHEDULED: BOARD OF BUILDING CODE APPEALS SENIOR SER VICES OF SOUTHEASTERN VIRGINIA October 7, 1997 - 23 - Item IV-K.2. APPOINTMENTS ITEM # 42674 Upon NOMINATION by Vtce Mayor Sessoms, City Councd APPOINTED: Dr. E. E. Brickell- Chair Dr. C. Fred Bateman Reverend E. Ray Cox Robert W. Lyons Dr. Elaine Witty No Term INDEPENDENT RE VIE W COMMITTEE (Established to analyze both the cost and scope of the renovation/reconstruction projects for the schools as per Ordinance ADOPTED September 2, 1997). Voting: 10-0 Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones October 7, 1997 - 24 - Item IV-K.$. APPOINTMENTS ITEM # 42675 Upon NOMINATION by Vice Mayor Sessoms, Ctty Council APPOINTED: Dorcas T. Helfant Thru Unexpired Term of 6/30/2001 TIDE WA TER COMMUNITY COLLEGE Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr, HaroM Heischober, Barbara M Henley, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: Louis R. Jones October 7, 1997 - 25 - Item IV-M. 1. NEW BUSINESS ITEM # 42676 BY CONSENSUS, City Council ACCEPTED: ABSTRACT OF LEGAL CASES RESOLVED- SEPTEMBER 1997 October 7, 1997 - 26- Item IV-N. 1. RECESS INTO EXECUTIVE SESSION ITEM it 42677 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Yacht Sales International, [nc versus City of Virginia Beach, et al Lake Gaston Water Supply Project Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION (2:42 P.M.). Voting: 9-0 Council Members Voting Aye' John A. Baum, William W. Harrison, Jr, Harold Heischober, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent' Linwood O. Branch, iii and Louis R. Jones October 7, 1997 -27- Item IV-N.2. AMEND RECESS INTO EXECUTIVE SESSION ITEM # 42678 Mayor Meyera E. Oberndorf, entertained a motion to AMEND THE EXECUTIVE SESSION MOTION, pursuant to Section 2.1-344, Code of Virginia, to include the following: PUBLICLY-HELD PROPERTY' Discussion or consideration of the condition, acquisitton, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(,4)(3). To-Wit: Excess Property - Kempsvdle Borough Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council voted to proceed into EXECUTIVE SESSION (2:50 P.M.). Voting: 10-0' Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Louis R. Jones *Verbal Vote October 7, 1997 - 28 - ITEM # 42679 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIR GINL4 BE,4 CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 7, 1997, at 3:50 P.M. Council Members Present: John A Baum, Linwood O. Branch, III, Wilham W Harrison, Jr., HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E Oberndor~, Nancy K. Parker and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Louis R Jones October 7, 1997 - 29 - Item V-O. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42680 Upon motion by Councilman Harrison, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were tdentified tn the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting. 9-0* Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr, HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. and Louis R. Jones *Verbal Vote October 7, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42677 and ITEM # 42678, Pages 26 and 27 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certffies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, d~scussed or considered by Virginia Beach City Council. R{~th Hodges S~ith,~ CMC/AAE City Clerk October 7, 1997 - 30- CITY COUNCIL CONCERNS 3:45 P.M. ITEM # 42681 City Council discussed the list of invitees and transportation relative dedication and celebration of the completion of the Lake Gaston Water Supply Project: 10:30 A.M. Friday, November 7, 1997 Weir Aeration Structure Isle of Wight County October 7, 1997 - 31 - Item ITEM # 42682 BY CONSENSUS, City Council prepared the Schedule for November' November 4 November 11 November 25 Informal and Formal Sessions as regularly scheduled for 2:00 P.M. Rescheduled Informal and Formal Sessions to November 18 at 2:00 P.M. - Planning Items at 2:30 P.M. Informal and Formal Sessions as regularly scheduled for 6:00 P.M., Planning Items at 6:30 P.M. October 7, 1997 - 32 - Item IV-Q ADJOURNMENT ITEM # 42683 Mayor Oberndorf DECLARED the City Councd Meeting ADJOURNED at 3:53 P.M. Beverl~ ~D Hooks, CMC/A,4E Chief Deputy City Clerk Ctty Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginta October 7, 1997