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HomeMy WebLinkAboutAPRIL 20, 1993 MINUTESoff Virginia Beach "WORLD'S LARGEST RESORT CITY" ( ITY COUNCIL M4}OR 'vIE}ERA E OBERNDORF 4! Large YKE MAYOR WILL/AM D SESSOMS JR A~ Large ]()tt% 4 BAUM Blacku:ater Borough LIX.~kOOD 0 BRANCH Itl [ ~rDma Beach Borough ] L~,fEq '0,' BR4ZIER JR Lvnnhav(n Borough ROBERT ~ CLYBURN Kempsvllle Borough ROBERT K DEAN Pnnces3 Anne Borough l OL IS R ]O~.~ES Bax~de Borough P~UI I I..ANTEIGNE Pungo Borough [OI4N D ~IOSS At Large x, 4N'C} /', P4RKER At Large [ 4 L-IES K SPORE Cttx Manager L[:bLIE L LILLE} C~tv Attorne~ F( Itt HODGL$ SMITH CMC AAE C~tx Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 1804} 427 4303 APRIL 20, 1993 I. CITY MANAGER'S BRIEFING - Council Chamber - 12:30 PM A, PARK-N-RIDE /HOV EXPRESS BUS -TIMBERLAKE AND PEMBROKE Robert J. Scott, Director of Planning II. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL Of CITY COUNCIL C. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 2:00 PM a. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi David Abrams Temple Emanuel Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS -April 13, 1993 2. PUBLIC HEARING - FY 1993-94 Budget - April 15, 1993 G. PROCLAMATION . SPECIAL OLYMPICS OF VIRGINIA BEACH Robert Miller, Chairman . RESIDE WITH PRIDE Priscilla Beede, Chair H. PRESENTATION . DEBT REFUNDING AND BOND SALE RESULTS Patricia Phillips, Director of Finance I. PUBUC HEARING 1. TAXI FARE INCREASE J. ORDINANCES I , Ordinance to AMEND and REORDAIN Section 36-172 of the Code of the City of Virginia Beach, Virginia, re maximum rates for taxicabs. . Ordinance authorizing the City Manager to convey approximately twenty-five (25) acres of City-owned property at the intersection of Baxter Road and the 1-44 Baxter Road Flyover to the Development Authority subject to covenants, restrictions and conditions pursuant to Section 107(H) of the City Zoning Ordinance. K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. . Ordinance to ACCEPT and APPROPRIATE $38,000 from the United States Department of Housing and Urban Development (HUD) re assistance under the Emergency Shelter Grants Program (ESG); and, authorize the City Manager to execute appropriate agreements. . Ordinance to ACCEPT and APPROPRIATE $19,769 for Section 8 rental payments and $9,040 for administrative fees from the Department of Housing and Urban Development (HUD) re Section 8 Rental Assistance Program; increase revenue from Federal Government by $28,809; and, establish a new permanent full-time clerical position in the Section 8 Unit. . Ordinance to TRANSFER $53,492 from within the Fire Department's FY 1992-1993 Operating Budget re repair parking lot and driveways at Fire Station 19. . Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Avenue "E" at Bonney Road to Contractors Paving Company, Inc., re construct and maintain a fence for storage of construction materials (LYNNHAVEN BOROUGH). 5. Ordinance authorizing License Refunds in the amount of $13,074.44. L. PUBUC HEARING 1. PLANNING a. Application of WILLIAMS HOLDING CORPORATION and JOSEPH E. and JACK P. BURROUGHS for a Conditional Use Permit for single-family homes in the ^G-1 and ^G-2 Ac~ricultural Districts on the Southwest side of Seaboard -- Road, 3500 feet more or less Northwest of Princess Anne Road, containing 264.62 acres (PRINCESS ANNE BOROUGH). Deferred: Recommendation: June 23, 1992, September 22, 1992, October 27, 1992, January 5, 1993, and February 23, 1993 DENIAL M. APPOINTMENTS DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS - Resignation - Resignation N. UNRNISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT IV. CITY COUNCIL WORKSHOP - Council Chamber , FY 1993-1994 OPERATING BUDGET E. Dean Block, Director, Management and Budget SCHEDULE FY 1993-1994 OPERATING BUDGET **PUBUC HEARING** TUESDAY, MAY 4, 1993 Council Chamber 7:00 PM SCHEDULE REAPPORTIONMENT **PUBUC HEARINGS** Council Chamber TUESDAY, APRIL 20, 1993 6:00 PM TUESDAY, APRIL 27, 1993 4:00 PM TUESDAY, MAY 4, 1993 9:00 AM If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 4/15/93mlmfop AGENDA\4-20-93.1TM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, VIrginia April 20, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 20, 1993, at 12:30 P.M. Council Members Present: Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D Moss, Nancy IC Parker, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. City Council Members Absent: John A. Baum (ENTERED: 12:38 P.M.) -2- ITEMS OF THE MA YOR ITEM # 36687 Mayor Oberndorf introduced a young lady, Chanette Romero, Honor Student at Green Run High School and President of the Student Council at Green Run. Chanette has been accepted at the College of William & Mary where she hopes to study law. Chanette, as a participant in the Gifted Education Program, is the Mayor's "shadow"for today to learn about City Government. April 20, 1993 -3- CITY MANAGER'S BRIEFING PARK-N-RIDE~ HOV EXPRESS BUS- TIMBERLAKE AND PEMBROKE 12:30 P.M. ITEM it 36688 Robert J. Scott, Director of Planning, advised with City Council's concurrence, a Park-N-Ride Service was initiated in the Pembroke/Independence Boulevard area. These sites in the Timberlake and Pembroke area provide busing to downtown Norfolk and the Naval Operations Base. The site in the Pembroke area does not have adequate ridership and an adjustment needs to be made. However, ridership levels at the Timberlake site are most gratifying. Instead of renewing this particular lease, it might be feasible to purchase a site through TRT to make this a permanent location. Dale Castellow, Transportation Planning Coordinator - Department of Planning, advised TRT is leasing 250 spaces from Pembroke Mall and 75 spaces from Timberlake. There has been some indication that ridership may be improving from Pembroke Mall. The Timberlake site has a subsidy per passenger of $1.63 to the Naval Base, which, compared to other fixed route service around the City, is quite competitive. To downtown Norfolk from Timberlake, a subsidy perpassenger of $2.08 is provided. From the Pembroke site, a subsidy of $3.31 per passenger to the Naval Base and $4.76 to downtown is necessary. The downtown service from Pembroke Mall has been the most troubling. TRT has evaluated the service and essentially suggested it is too early to determine whether the project is a success or a failure. Although, TRT leases only 75 spaces from Timblerlake, they have observed at least 100 cars parking in that lot. This indicates the necessity to expand. As an interim solution, TRT is attempting to negotiate a lease for additional space at Chimney Hill Shopping Center to provide the overflow. Since ridership seems to be increasing in the Pembroke Mall Service, the City has suggested consolidating some of the routes, particularly the downtown service. Citizens have suggested if the lot were further east it might be more suitable. The City has requested TRT determine the potential of this suggestion. Mr. Castellow advised, relative the "light rail", to receive Federal Funds TRT must perform an alternative analysis and request or petition for the $2-MILLION to undertake this study. The ridership numbers did not meet FTA standards to qualify for the funds, therefore TRT is investigating alternative sources for funding. April 20, 1993 -4- ITEM # 36689 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 20, 1993, at 1:00 P.M. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James gE. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis P~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 -5- ITEM # 36690 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 purposes: le 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 21-344(A)(1). Appointments - Boards and Commissions: Development Authority Francis Land House Board of Governors 2. 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). Jet Sla' Franchise . PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Acquisition of Property - Southeastern Expressway - Kempsville Borough. Disposition of Property - Virginia Beach Borough Acquisition of Property - Transition Area III - Agenda Item L.l.a. - Williams Holding Corporation. Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy ~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 -6- FORMAL SESION VIRGINIA BEACH CITY COUNCIL April 20, 1993 2:00 P3/I. 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, April 20, 1993, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Rabbi David Abrams Temple Emanuel Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA April 20, 1993 -7- Item III-~.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 36691 Upon motion by Vice Mayor Sessotns, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Jarnes W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to thc affirmative vote recorded in ITEM # 36690, Page No. $, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk April 20, 1993 -8- Item III-F. I. MINUTES ITEM # 36692 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 13, 1993. Voting: I0-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert 14. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: John D. Moss Council Members Absent: None Councilman Moss ABSTAINED as he was not in attendance during the City Council Session of April 1% April 20, 1993 -9- Item III-F.Z MINUTES ITEM # 36693 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council APPROVED the Minutes of the PUBLIC HEARING - FY 1993-94 BUDGET - April 15, 1993. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 - 10 - Item III-F. 3. INTRODUCTION ITEM # 36694 Mayor Oberndorf recognized the following Scouts and their parents in attendance to earn their merit badges: PACK 66 Daniel Berryhill Seth Byrum Chris Flupe Kenneth Bradley Brent Myers Brandon Rosen Matthew Files Ruth Files Den Leader April 20, 1993 - 11 - Item III-G, 1, PROCLAMATION ITEM # 36695 Mayor Oberndorf PROCLAIMED: SPECIAL OLYMPICS DAY April 24, 1993 Robert Miller, Chairman, and Anthony Sweeney ACCEPTED the PROCLAMATION. Anthony sings a most beautiful rendition of the Star Spangled Banner at the Olympics. Special Olympics is a year-round, international movement of sports training and competition which gives children and adults, who are mentally retarded, an opportunity to develop their physical sla'lls, display their abilities and, most importantly, fulfill their human potential; and, it acts as a spring board for persons with mental retardation, enabling them to learn confidence from opportunities to work hard and reach goals. April 20, 1993 rorlama ion Special Olympics is a year-round, international movement of sports training and competition which gives children and adults, who are mentally retarded, an opportunity to develop their physical skills, display their abilities and, most Importantly, fulfill their human potential; and, it acts as a springboard for persons with mental retardation, enabling them to learn confldence from opportunities to work hard and reach goals; Special Olympics endeavors by the mentally retarded are yet another symbol of the conunitment and dedication of mentally retarded citizens to participate in society and to play an active role in their futures and in the welI-heing of social events; Every year there is a track and field game held for the Area (Virginia Beach, Portsmouth, Chesapeake, and Norfolk), at one of the high schools or other facilities in Hampton Roads for the purpose of the athletic competition between Special Olympians of all levels; and, this day is generally given as the day when the majority of society recognizes the Special Olympics program in Hampton Roads and xt is noted that the following Saturday, May Ist, will be the date of the Virginza Beach Games; At the International Sununer Special Olympics Games at Notre Dame University in 1987, noted actor William Hurt said that Special Olympics is a program "where human dignity is treasured above any prize," beyond the benefits for the Special Olympians, themselves, Special Olympics helps people, worldwide, gain a great respect and love for human life -- it brings out the host in all of us; and, The Virginia Beach SpeclaI Olympics wants to take the lead through recognition Crum its City Council and citizens for a day that honors Special Olympians, the Spirzt of Special Olymp~cs, the mentally retarded, their lives and love for life, the training competztion and adventure of Special; Olympics. N{)~, ~3~.~eRIZ, I, Meyera E. Oberndorf, Mayor of the City of Virginia Beach, Virgxnla, do hereby ~ P R I £ 2 4 , 1 9 9 3 and call upon all citizens to honor this day in Virginla Beach. IH NIL~ ~lflZEE{)~, I have hereunto set my hand and caused the Official Seal of the C~ty of Virginia Beach, Virginia, to be affixed this Twentieth day of April, Nineteen Hundred and Ninety-Three. ~eyera E. Ohernflorf - 12 - Item III-G.2,. PROCLAMATION ITEM # 36696 Mayor Oberndorf PROCLAIMED: RESIDE WITH PRIDE AWARENESS WEEK April 19 - 26, 1993 Priscilla Beede, First Citizen, Allen Hartrnan, District Manager - Virginia Power and Helen Shropshire, Virginia Beach Tomorrow, ACCEPTED the PROCLAMATION. This Proclamation called upon all citizens to recognize this opportunity to participate in their community's aesthetic beauty. April 20, 1993 The City of Virginia Beach is a thriving cn~unity of 410,607 citizens who care about the future grn~th and preservation of our area; It is advantageous for residents and businesses to maintain their properties and thereby retain or enhance their value; As with any city, signs of aging begin to show in dwellings and buildings after s~me period of time; There is a true "cn~unity spirit" in Virginia Beach that motivates our citizens to not only help themselves but to help neighbors in need, as well; and, It can be fun and a good lesson to our children to clean up, fix up, and paint up. N~, ~~, I, Meyera E. 0berndorf, Mayor of the City of Virginia Beach, Virginia, do hereby ~£~: ~PR~£ 19 -26, 1993 in Virginia Beach and call upon all citizens to recognize this opportunity to participate in their co~unity's aesthetic beauty. IN~~~ ~E~F, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this Twentieth day of April, Nineteen Hundred and Ninety-Three. Meyera £. 0berndorf Mayor - 13 - Item III-IL 1, PRESENT,4TION ITEM # 36697 DEBT REFUNDING AND BOND SALE RESULTS Patricia Phillips, Director of Finance, advised the results of the Bond Sale: SUMMARY OF REFUNDING RESULTS Size: $1s6,o8o, ooo Ratings: Moody's A,4 S & P AA True Interest Cost: 5.075% Series of 1993 $17,367,637 953,742 6,723,oo9 4.775% Gross Savings: ,4verage Annual Gross Savings: Net Present Value Savings: % Savings of Refunded Bonds Water and Sewer Portion $ 2,485,632 iss,163 1,408,475 17.639o/o IMPI~MENT,4TION OF REFUNDING PROGRAM Monitoring of Interest Rates Discussion with Financial Advisors Mailing of Requests p for Proposal Review and Approval by State Council on Local Debt Selection of Goldman Sachs as Senior Manager Receipt of Ratings and Mailing of Preliminary Official Statement Determination of Final Bond Structure Marketing, Commitment to purchase Open Market Treasuries and Execution of Bond Purchase Agreement Closing will occur April 28, 1993. John Melvin, l~ce President - Goldman Sachs, advised the proceeds of the $156-MILLION bond issue were used to buy U.S. Treasury Securities and these Securities are irrevocably pledged to the payment of these bonds. These outstanding bonds for legal and financial purposes are no longer outstanding The remaining obligation is the bond issue, being closed on April 28, 1993. Mr. Melvin advised the bonds are sold with a different rate for each maturity. On April Fourteenth the bonds were priced due in 2010 at a rate of 5.50%. Henrico County, which sold the day before, on the same maturity, is rated Triple ,4 and sold at a 5.5%. Normally the spread is much greater. The same is true of the Virginia Beach Public School ,4uthority which sold actually at rates slightly higher than the City had to pay. Mr. Melvin cited the charts contained in the presentation entitled COMPARABLE VIRGINIA ISSUES and INTEREST RATE COMPARISON. In terms of where the bonds were sold, there was excellent participation by investors in Virginian illustrated in the pie slice (Virginia Funds) contained in the graph DISTRIBUTION OF 1993 AND 1993,4 BONDS. The City received excellent terms in the market. April 20, 1993 - 14 - Item III-L 1 PUBLIC HEARING ITEM # $6698 Mayor Oberndorf DECLARED A PUBLIC HEARING: TAXI FARE INCREASE There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 20, 1993 - 15 - Item II[-J. 1. ORDINANCE ITEM # 36699 Upon motion by Vice Mayor Sessotns, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 36-172 of the Code of the City of Virginia Beach, Virginia, re maximum rates for taxicabs Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 1 2 3 4 5 6 7 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN SECTION 36-172 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TAXICABS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 36-172 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 36-172. Maximum rates--Taxicabs. (a) No person owning, operating, taxicab within the city shall charge following rates of fare: (1) For the first one-sixth of (2) (3) (4) (5) controlling or driving a an amount to exceed the a mile or fraction thereof ..................................... Trunk charge ................................... For each minute of waiting time ................ Gasoline surcharge, per trip ................... thereof $ 1.00 fraction 0.20 0.25 0.50 0.20 0.50 If hired on an hourly basis, per hour shall apply. (b) Reserved. (c) bringing the rate of twelve dollars ($12.00) Notwithstanding the provisions of this section, taxicabs passengers into this city from without the city shall public hearing before increase, after public manager. The city council shall hold a acting on any such application for a fare notice for at least ten (10) days. under this section increase and such charge the rates prescribed by the city or county in which they are licensed. (d) Any shall include financial and operating information as may be requested by the city application for a fare increase justification for such fare 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of April , 1993. 35 36 37 38 CA-5028 \ORDIN\PROPOSED\36-172.PRO R-1 PREPARED: 2/19/93 AP?ROVED AS TO LEGA' SUFFICIENCY AND,""'~,,,~'/ ClT~ ATTORNEY BEACH TAXI INC 184 SOUTH PLAZA TRAIL ,~(~4-486-6 58~ DIAMOND 7AXI/~ELLOW CAB 4808 SHORE DRIVE 8(~4-464-3252 MR. jAMES K SPORE CITZ/ MANAGER MUNICIPAL CENTER I/IRGINIA BEACH, VIRGINIA DEAR MR. SPORE: WE RESPECTFULLy REQUEST A RATE INCREASE OF FIVE CENTS PER ONE SIXTH OF A MILE WHILE MAINTAINING ALL OTHER CHARGES THE SAME. WE RESPECTFULLy REQUEST THE FOLLOWING: (SAME) (A) FOR T/CE FIRST Of/E SIXTH (I/6) MILE, OR FRACTIOf¢ T//E/°,E OF ............... $ I. O0 (NEW) FOR EACH SUCCE~,DING ONE SIXTH (I/~) MILE OR FRACTION THERE OF .......... $ 0.25 (SAME) (C) TRUNK CHARGE ....................... $ 0.50 (SAME) (D) FOR EACH MINUTE OF WAITING TIME .... $ 0.20 (FOR A TOTAL OF $ 12.00 P~R /fOUR RATE) (SAME) (E) GAS SURCHARGE PER TRIP ............. $ O. 50 WE HAVE MAINTAINED THE SAME RATES FOR OVER FOUR t/EARS NOW. SIR, IN THE PAST FOUR yEARS THE PRICES OF AC(~UIRING NEW VECHICLES, T:'/£ P/~ICES OF PARTS TO MAINTAIN 7HE VECHIC£ES WE OWN AND LABOR C(~ST? (EXCLUDING DRIVERS) HAS R2SEN GREATLy. OUR INSZlRANCE RATES .'!/~VE ,v, ISEN MORE THAN 40%. WE VERt/ MUCH NEED THIS INCRE,~SE JUST ?O BE ABLE TO CONTINUE TO SERVE THE CITIZENS AND VISITORS OF THIS ~/REAT CIT~ OF VIRGINIA BEACH. SIR, OUR DRIVER'S WAGES ARE DIRECTLy BASED ON OUR TAXI RATES. 7L/E COST OF LIVING HAS GONE UP FOR EVERYONE, AND MOST OF OICR DRIVERS DO NOT LEVEN MAKE MINIMUM WAGE FOR THE N/eMBER OF flOURS 71~Et/ I)(~RI(. IT I,~ V£/?;/ DTFFICI~[_7 7() GET A~/D KEEP FOR ,'?N~/ ,~flrJ'~,NT OF TIME GOOD DRIVERS. MOST THAT DO STAt/ FOR ANy AMOI/t~T OF TIME HAVE A SECOND INCOME SUCH AS (RETIRED MILITA/?t/ E7C.) SIR, WE WOULD GREATLy APPRECIATE PROMPT CONSIDERATION 7OR THIS REQUEST AND ANy HELP yOU CAN GIVE US. WE ARE VERy PROUD TO BE A PART OF AND SERVE THE CITIZENS AND VISITORS OF TIIE C~T~/ OF VIRGINIA BEACH. RESPCCTF~/LL~/ SUBMITTED: DIAMOND TAXi/yELLOW CAB EXHIBIT A COMPARISON OF TAXICAB FARES FOR SELECTED CITIES February 1993 City Basic Costs per trip within City Rates 1 Mile 5 Mile 10 Mile Norfolk 1st 1/6 of mile $1.25 $2.25 $7.05 $13.05 each add'l 1/6 mile .20 Virginia Beach - Present 1st 1/6 of mile 1.00 2.50 7.30 13.30 each add'l 1/6 of mile .20 ., Hampton 1st 1/6 of mile 1.50 2.50 7.30 13.30 each add'l 1/6 of mile .20 · , Newport News 1st 1/6 of mile 1.75 2.75 7.55 13.55 each add'l 1/6 of mile .20 Portsmouth 1st 1/6 of mile 1.85 2.85 7.65 13.65 each add'l 1/6 of mile .20 Richmond 1st 1/5 of mile 1.50 2.70 8.70 16.20 each add'l 1/5 of mile .30 Virginia Beach - Proposed 1st 1/6 of mile 1.00 2.75 8.75 16.25 each add'l 1/6 of mile .25 Chesapeake 1st 1/10 of mile 1.75 3.10 9.10 16.60 each add'l 1/10 of mile .15 Notes: , . For Virginia Beach an additional $.50 gas surcharge is included for each trip. Chesapeake presently has an inter-city meter factor of 1.5. Chesapeake has proposed new rates of $1.85 for the first 1/6 mile and .25 each additional 1/6 mile with the elimination of the inter-city factor. The new rates would not change the above trip costs. - 16 - Item III-J. 2. ORDINANCE ITEM # 36700 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing the City Manager to convey approximately twenty-five (25) acres of City-owned property at the intersection of Baxter Road and the 1-44 Baxter Road Flyover to the Development Authority, subject to covenants, restrictions and conditions pursuant to Section 107(H) of the City Zoning Ordinance. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY APPROXIMATELY TWENTY-FIVE (25) ACRES OF CITY-OWNED PROPERTY AT THE INTERSECTION OF BAXTER ROAD AND THE 1-44 BAXTER ROAD FLYOVER TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, in 1986, the City of Virginia Beach purchased 20.425 acres of land at the intersection of Baxter Road and Independence Boulevard as part of the Baxter Road Flyover Project; WHEREAS, after the transfer of 2 acres to the Commonwealth of Virginia for right-of-way, approximately 18 acres of property remained; WHEREAS, in 1988, the city formed a committee to study the potential uses of the remaining property; WHEREAS, in March of 1989, the committee recommended that the property be rezoned to enhance its marketability for purposes of economic development; WHEREAS, on June 29, 1989, City Council adopted a resolution authorizing and directing the Director of the Department of Economic Development to submit a rezoning application to the Planning Commission to rezone the property from I-2 and B-2 to B-3; WHEREAS, in November of 1989, the City purchased an additional 6.06 acres of land to add to the existing 18 acres for the purpose of creating a buffer between the property and adjacent residential areas; WHEREAS, following a series of meetings with the civic leagues of such areas, the city submitted a rezoning application to the Planning Commission in December of 1990; WHEREAS, the application was approved by the Planning Commission on March 13, 1991, and by City Council on April 23, 1991; WHEREAS, the property has subsequently been marketed by the Department of Economic Development as Centre Pointe office Park; 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 WHEREAS, notwithstanding its efforts, the Department has been limited in its ability to market the property due to limitations imposed by State law on the City's ability to offer competitive land prices and development incentives to businesses who may be interested in locating in Centre Pointe Office Park; WHEREAS, State law also limits the City's ability to expedite the development of public infrastructure in order to meet the relocation needs of such businesses; WHEREAS, under State law, many of the limitations imposed on municipalities are not applicable to development authorities; and WHEREAS, in order to enhance the ability to market Centre Pointe Office Park, thereby returning it to the tax rolls and expanding economic development in the City, City staff has recommended that the City convey Centre Pointe Office Park to the City of Virginia Beach Development Authority subject to certain conditions; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to convey approximately twenty-five (25) acres of City-owned property at the intersection of Baxter Road and the 1-44 Baxter Road Flyover (as more particularly described in Exhibit A, which is attached hereto) (the "Property") to the City of Virginia Beach Development Authority (the "Authority"), subject to the following conditions: 1. That conveyance of the Property shall be made subject to those certain "COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED PURSUANT TO SECTION 107(H) OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit B; 2. That all net proceeds from the sale of the Property, or any subdivided parcel thereof, shall be used to pay the costs of infrastructure necessary to develop the Property. For purposes of this provision, "net proceeds" shall be defined as the gross proceeds from the sale of the Property, or any subdivided parcel 70 71 72 73 74 75 76 77 78 79 80 81 thereof, less real estate commissions, if any, and the direct costs incurred by the Authority for advertising and/or presentations necessary to market the Property; 3. That any net proceeds from the sale of the Property, or any subdivided parcel thereof, remaining after the completion of all necessary infrastructure shall be returned to the City for appropriation to the General Fund; 4. That the Authority shall not place, or authorize the placement of, any lien on the Property without the prior written consent of City Council; and 5. That the Authority formally agree to acceptance of the Property subject to the conditions set forth herein. 82 83 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of ^pr~l , 1993. 84 85 86 87 CA-5086 ORDIN\NONCODE\BAXTER.ORD R-4 PREPARED: 04/13/93 PROVED AS TO CONTENTS AF?ROVrD AS TO LEGAL SUFFI~~ "- -~"CiTY' ATTORNEY EXHIBIT B COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED PURSUANT TO SECTION 107(h) OF T]{E ZO}~ING ORDINA[ICE OF TIlE CODE OF TIlE CITY OF VA BEACH, VIRGINIA. The city of Virginia Beach, Virginia, a Municipal Corporation of the Commonwealth of Virginia, hereinafter referred to as "Grantor," hereby declares pursuant to Section 107(h) of the Zoning ordinance of the Code of the city of Virginia Beach, Virginia that the following conditions shall be applicable to "the property" described below. WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the city of Virginia Beach, Virginia, by petition of the Grantor addressed to the, Council of the City of Virginia Beach so as to change the classification of the Grantor's property from B-2, I-2, and R-10 to B-3, on certain property containing a total of 25.4 acres, more or less, in Kempsville Borough, in the City of Virginia Beach, Virginia, said property being referred to hereinafter as "the property," and being generally described as follows: PARCEL ONE: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as : "PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH, AREA = 6639 SQ. FT. = 0.152 ACRES," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE-CITY OF VIRGINIA BEACH FROM JO]IN E. & Jean Il. MORDICA KEMPSVILLE BOROUGH -- VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' DATE: FEBRUARY 28, 1990." Said plat was recorded in the Clerk's office of the Circuit Court of the city of Virginia Beach, Virginia in Map book 209, at page 46, to which reference is made for a more particular description. It being the same property conveyed to the city of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from John E. Mordica, et ux, dated December 6, 1990, and recorded in the Clerk's office of the city aforesaid in Deed Book 2957, at page 204. fig2 q13 2P O b]b PARCEL TWO: Allthat certain lot, tract, or parcel of land together with improvements thereon belonging, lying, situated, and being in tile City of Virg|nJa Beach, VirqinJa, and designated and described as: "P~OPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH TOTAL AREA = 10.463 ACRES" as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBI,IC WORKS CJTY OF VIRGINIA BEACH, VIRGINIA DATE: SEPTEMBER 20, ]985 SCALE: l"-60'." Said plat is recorded in the Clerk's office of the Circuit Court of the city of V~rginia Beach, Virginia in Deed Book 2484, at page 860. It being the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, from Christopher Development Company, a Virginia corporation, by deed dated April 8, 1986, and recorded ]n tile Clerk's office of the city aforesaid in Deed Book 2492, at page 2026. PARCEL THREE: All that certain lot, tract, or parcel of land together with improvements thereon belonging, lying, situated and being in the City of VirgJ nia Beach, V~rg]n]a and designated and described as: "PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH, AREA = 1.723 ACRES" as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM STANWOOD & HARRIET DICKMAN, JEROME R & MARILYN T. JACOBS, MORTON L. & HARRIET J. BRESENOFF KEMPSVILLE BOROUGH--VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA." Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2484, at page 889. It being the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia from Jerome R. Jacobs, et u~, 9~ ~ls, dated April 14, 1986, and recorded in the Clerk's office of the city aforesaid in Deed Book 2494, at page 891. PARCEL FOUR: Ail that certain piece or parcel of land, approximately 5 acres, situate in Kempsville Borough, in the City of Virginia Beach, Virginia, formerly Kempsville Magisterial District of Princess Anne County, with building and improvements, fronting on Holland Road and bounded and described as follows: To establish a point of beginning, begin at the intersection of the former southern line of Holland Road (as said line existed prior to the widening of Holland Road on two previous occasions) and the eastern line of Baxter Road as shown on the plat entitled: "PLAT OF PROPERTY FOR COUNCILL D. GARRETT AND WILLIAM P. OBERNDORFER KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA," dated December, 1965, made by Frank Tarrall, Jr. and Associates, duly recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia, in Deed Book 1009, at Page 217, thence run along said former southern line of Holland Road south 48' K2qS PGOb 11 06' 45" east, 714.83 feet to a point, which is the point of beginning; thence from said point of beginning running along ~aid former southern side of }lolland Road south 46' 53' east 250 feet to an iron pipe; thence south 57' 15' west ]615 feet to an iron pipe in the northern line of the right-of-way of the Norfolk Southern Railroad; thence north 37' 03' west 77 feet to a stake; thence north 5' 0' east ~16.5 feet to an iron pipe; thence north 57' 15' east 1450 feet to an iron pipe in the said former ~outhern side of Holland Road, the point of beginning. LESS, SAVE, AND EXCEPT: (i) A parcel of land which v~sted in the state highway upon the recording of a highway Certificate No. N-VHB-151, for parcel 119 of the virginia Beach Toll Road, dated January 4, 1965, and duly recorded in the aforesaid Clerk's Office in Deed Book 882, at Page 496, and (}~) A parcel of land conveyed to the City of Virginia Beach by Deed of Dedication, dated March 31, 1969, by and between William P. Oberndorfer and Alice Oberndorfer, his wife, and Councill D. Garrett and Mary Garrett, his wife, the first parties, City of Virginia Beach, the second party, Doyle E. Hall and W. L. Wallace, Trustees, the third parties, Virginia National Bank, the fourth party, an~duly recorded in the aforesaid Clerk's Office in Deed Book 1114, at Page 241. It being the same property which was conveyed by Ying Mah, et als, trustees, to the city of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed dated May 1, 1986, and recorded in the Clerk's Off~ce of the City aforesaid in Deed Book 2500, at page 1036. PARCEL FIVE: Ail that certain lot, piece or parcel of land containing 10,131 square feet, (0.233 acre), lying and being situated in the City of Virginia Beach, Virginia, and known and designated as "NOW OR FORMERLY NORMAN P. WEISS, ET AL, D.B. 1718, PG. 15, M.B. 111, PG. 12, M.B. 42, PG. 22, GPIN NO. 1476-49-9880," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM NORMAN P. WEISS ET AL, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 05, 1990 SCALE 1"=30','' said plat being duly recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia in Map Book 203, at Page 100 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the city of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, et ux, et als, by deed dated July 16, 1990, and recorded in the Clerk's Office of the City aforesaid in Deed Book 2952, at page 582. PARCEL SIX: All that certain lot, piece or parcel of land containing 82,165 square feet (1.886 acres), lying and being and situated in the City of Virginia Beach, and known and designated as "NOW OR FORMERLY STANDWOOD DICKMAN ET AL, D.B. 1948, PG. 587, M.B. 132, PG. 17, GPIN NO. 1476-49- 5539," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM STANWOOD DI CKMAN ET ALS, KEMPSVI LLE BOROUGH, VIRGINIA BEACH, VIRGIN/A, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEn. l, ]990 $CAI.E 1"=50-'," sa[d plat being duly recorded tn the Clerk's Offtce of the Circuit Court of the City of V[rginia Beach, Virginia in Map Book 203, at page 102 to which reference is made for a more particular description of sa id property. It being part of the same property which was conveyed to the city of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, e_~t u__~x, et ~l__~s, by deed dated July 16, 1990, and recorded in the Clerk's office of the City aforesaid in Deed Book 2952, at page 582. PARCEL SEVEN: All that certain lot, piece or parcel of land containing 61,852 square feet (1.420 acres), lying and being situated in the city of Virginia Beach, and known and designated as, "NOW OR FORMERLY NORMAN P. WEISS ET AL, D.B. 1289, PG. 676, M.B. 17, PG. 52, GPIN NO. 1476-49- 8729," as shown on that entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM NORMAN P. WEISS ET AL, KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 08, 1990 SCALE 1"=30'," said plat being duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 203, at page 101 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the City of V{rginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, e__t_ D~, e~t_ a_l~, by deed dated July 16, 1990, and recorded ~n the Clerk's office of the City aforesaid in Deed Book 2952, at page 582. PARCEL EIGHT: All that certain lot, piece or parcel of land containing 76,272 square feet (1.751 acres), lying and being situated in the city of Virginia Beach, and known and designated as, "NOW OR FORMERLY STANWOOD DICKMAN ET AL D.B. 2189 928 M.B. 153 PG. 24 G PIN NO. 1476 49 8504," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM STANWOOD DICKMAN ET AL KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 03, 1990 SCALE 1"=30'," said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 203, at page 103 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, 9~ ux, et alg, by deed dated July 16, 1990, and recorded in the Clerk's office of the city aforesaid in Deed Book 2952, at page 582. PARCEL NINE All that certain lot, piece or parcel of land containing 9,976 square feet (0.229 acre), lying and being situated in the City of Virginia Beach, Virginia known and designated as "NOW OR FOrmERLY NORMAN P. WEISS & S. SANDLER, ET ALS, D.B. 1570, PG. 0779, M.B. 42 PG. 22, M.B. 118, PG. 6, GPIN NO. 1476-59-0793," as shown on that certain plat el]titled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM NORMAN P. WEISS & S. SANDLER ET AL~, KEMPSVILLE BORO~;GII, VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: JAN. 28, 1990 SCALE 1"=30'," said plat being duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 203, at Page 99 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, et ux, et als, by deed dated July 16, 1990, and recorded in the Clerk's office of the City aforesaid in Deed Book 2952, at page 582. WHEREAS, it is the policy of the city of Virginia Beach to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of change, and the need for various types of uses, including industrial and office, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land similarly zoned B-3 are needed to cope with the situation which the Grantor's rezoning application gives rise to; WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Council of the city of Virginia Beach, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-3 zoning district or zone by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the 5 property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Council of the city of Virginia Beach as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementat]on of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented by the City of Virginia Beach in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the city, after a public hearing before the Council thereof and advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for himself, his successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the city of Virginia Beach 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 as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, their personal representatives, assigns, grantees and other successors in interest or title. 1. The following uses shall be the only uses permitted. Those uses permitted hereunder that require a conditional use permit from City Council shall continue to require a conditional use permit, and City Council, by accepting this proffer, does not automatically grant the right to place any conditional uses within the property. a. Auditoriums, assembly halls and union halls; b. Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises; -c. Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities; Business studios, offices, and clinics; Child care and child care education centers; Commercial parking lots, parking garages and storage d. f. garages; g. h. windows; i. j. k. 1. Drugstores, beauty shops and barbershops; Eating and drinking establishments without drive-through Financial institutions; Florists, gift shops and stationery stores; Hotels and motels; Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; m. Laundry and dry cleaning agencies; n. Medical and dental offices; o. Medical laboratories; p. Museums and art galleries; q. Personal service establishments, other than those listed separately; - r. Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; s. Public buildinqs and grounds; t. Public utilities installations and substations provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by Category VI screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access opening; u. Public utilities offices; v. Public utility storage or maintenance installations; w. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area; x. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, prouided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed; y. Wholesaling and distribution operations, provided that such operations do not involve the use of (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at more than one and one-half (1/2) ton capacity, or (iii) a total of more than five (5) delivery vehicles. z. Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the virginia Beach City Zoning Ordinance. 2. Parcel E (and Parcel D within one hundred [100] feet of a Residential or Apartment District) shall be limited exclusively to office use with a maximum building height of thirty-five (35) feet as shown on the "Conceptual Master Plan, Independence Boulevard/Baxter Road," (hereinafter referred to as the "Concept Plan") dated June 28, 1990, revised August 27, 1990, and prepared by Talbot & Associates, Ltd., which has been exhibited to the City Council of the city of Virginia Beach and is on file with the Planning Department of said city and incorporated by reference. The following uses shall not be permitted within one hundred (100) feet of a Residential or Apartment District: Auditoriums, assembly halls and union halls; Commercial parking lots, parking garages and storage a. b. garages; c. windows; Eating and drinking establishments without drive-through d. Hotels and motels; e. Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; f. Public utility storage or maintenance installations. g. Retail uses, unless internally oriented; 3. A variable width landscape buffer of twenty-five (25) to thirty-five (35) feet, as designated on the concept Plan, with Category IV landscape screening shall be provided adjacent to any Residential District unless there is an intervening street or alley over twenty-five (25) feet in width or body of water over fifty (50) feet in width. Existing trees within the twenty-five (25) foot buffer will be preserved and used towards meeting the Category IV screening requirement. 4. No ingress or egress shall be permitted from the property to any adjacent Residential or Apartment District with the exception of the access road to Brookside Condominiums and sufficient ingress/egress to benefit residential property owners who have legal access to Keener Lane. 5. The road, lake, landscape buffer and parcel configurations and all points of ingress and egress shall be in substantial conformity with the configurations designated on the Concept Plan. A comprehensive Stormwater Manaqement Plan shall be prepared at the time of development of the Property. 6. The following issues will be addressed upon the sale of the property and deed restrictions will be recorded addressing these Landscaping Street treatments Architecture Open space Pedestrianways Sign control and design Amenities, including common sites for social events, ~ coordinated lighting fixtures, site furniture, fountains, sculptures, etc. h. Site design i. Aesthetic treatments for loading and dumpster facilities. All references hereinabove to the B-3 district and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance of the city of Virginia Beach, Virginia, in force 1991, which is by this reference incorporated issues: a. b. C. d. e. f. g. as of January 1, herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the city of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by the decision of the Zoning Administrator'made pursuant to the provisions, the Grantor shall petition to the governing body 10 K2q82PGOb85 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 subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor. WITNESS the following signatures and seals. CITY OF VIRGINIA BEACH, VIRGINIA ATTEST: ~~~_~~~(SEAL) L _ ~-~ity Cl~rk ~ a municipal clrpo>ation CiCy nager (SEAL) STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, /~;4.~ /~ ~omD~, a Notary Pubic in and for the State of Virginia at Large, do hereby certify that Aubrey V. Watts, Jr., city Manager for the CITY OF VIRGINIA BEACH, a municipal corporation, whose name as such is signed as Grantor to the foregoing instrument bearing date on the ~ day of ~~ ., 1991, has acknowledged the same before me in the City and State aforesaid. Given under my hand this ~g~ day of ~.~ , 1991. /f NOqf~ry Phblic My Commission Expires:...~D~J 11 STATE OF VIRGI}IIA, CITY OF VIRGINIA BEACH, to-wit: I,~_~.,~L%y~)/~-L~/c~?AJ'J~/ , a Notary Pubic in and for the State of Virginia at Large, do hereby certify that Ruth }lodges Smith, C.M.C., city Clerk of the CITY OF VIRGINIA BEACH, whose name is sJgl~ed as such ks signed to the foregoing instrument bearing date on the' day of ~ , 1991, has acknowledged the same before me in the city and State aforesaid. Given under my hand this ~7~ day of ~ , 1991. My Commission Expires: &/~ a/Fy IAMB/sam BAXTER. PRF 04/10/91 VIRGINIA ol ~l'/O 'n__,he:t Ct,r~,'$ 0/I,~ o/jh,7 C,,~,,,, Co,,,, 19 c / ., ~' 3- ,h,~ ' . . . , ,nstr.m..e m~ ,ece,,,ed ..~ upo. ,he Certl/IC~[e t'ledgment thereto annexed aolmttted to .eco.d ' The tax tmponed by §5,q I P,¢)3o! the Code has been patd ,n the amount o!$ 12 ./ -17- Item III-IC CONSENT AGENDA ITEM # 367O1 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA: Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 - 18 - Item III-K 1 CONSENT AGENDA ITEM # 36702 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $38,000 from the United States Department of Housing and Urban Development (HUD) re homeless assistance under the Emergency Shelter Grants Program (ESG); and, authorize the City Manager to execute appropriate agreements. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 ORDINANCE TO ACCEPT AND APPROPRIATE $38,000 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HOMELESS ASSISTANCE ACTIVITIES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH FUNDS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the Stewart B. McKinney Homeless Assistance Act provides funds to local governments and others for homeless assistance activities; and WHEREAS, the U. S. Department of Housing and Urban Development has notified the City that Emergency Shelter Grant funds under this Act in the amount of $38,000 have been authorized for the City in the current fiscal year; and WHEREAS, the Department of Housing and Neighborhood Preservation m consultation with the Department of Social Services, has developed proposals for the use of such funds. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that such funds be accepted and appropriated, and that revenue from the Federal government be increased by such amount; AND, BE IT FURTHER ORDAINED that the City Manager be authorized to execute a Grant Agreement with the U. S. Department of Housing and Urban Development accepting such funds and to execute agreements including the granting of funds to non-profit agencies for the carrying out of homeless assistance activities. AND, BE IT FURTHER ORDAINED that the City of Virginia Beach will comply with all requirements of the Grant Agreement and regulations of the U. S. Department of Housing and Urban Development regarding such funds. Adopted by the Council of the City of Virginia Beach this 20 day of April, 1993. 20 21 22 23 Approved as to Content: Housing & Neighborhood Preservation Approved as to Form: City Attorney U S. Department of Housing and Urban Development R~chmond F~eld Oflce, Region III The 3600 Centre 3600 W Broad Street R~chmond, V~rgm~a 23230-4920 Mr. James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Mr. Spore: - 99 I am pleased to approve your application for Fiscal Yea[ 1993 Emergency Shelter Grants (ESG) program funds in the amount of $38,000. I am sure you appreciate the need for prompt action in using these funds to assist homeless persons. I would like to bring to your attention two critical deadlines that are set forth in the program regulations. Section 576.55(b) requires that all of your ESG grant amounts be obligated by 180 days and expended by ~4 months after the date of this letter. Any grant amounts that are not obligated and expended by these dates may be recovered and reallocated for use in accordance with the Interim Rule (published in the Federal Register on November 19, 1992) amending Paragraph 576.67 of the regulations. These deadlines represent maximum time periods. I am sure that you will make every effort to obligate and expend all of your funds within these periods. Discussion of a significant addition to the ESG statute was inadvertently left out of the letter notifying you of your allocation. Section 1402(d) Housing and Community Development Act of 1992 amends Section 415 of the Stewart B. McKinney Homeless Assistance Act by adding a subsection that requires that termination of assistance to any individual or family be in accordance with a formal process established by the recipient. This addition to the statute states: "If an individual or family who receives assistance ... from a recipient violates program requirements, the recipient may terminate assistance in accordance with a formal process established by the recipient that recognizes the rights of individuals affected, which may include a hearing." Enclosed are the Grant Agreement and Funding Approval forms (three copies), which, together with your approved application and the regulations at 24 CFR Part 576, constitute the contract between the U. S. Department of Housing and Urban Development (HUD) and the City of Virginia Beach. It should also be noted that funds may not be obligated or expended for activities in projects that have not been previously environmentally cleared. They may be obligated or expended only after the Request for Release of Funds and Certification of Compliance with Environmental Regulations at 24 CFR Part 58 have been approved in writing by HUD. The Request for Release of Funds and Certification will be approved for projects provided fifteen calendar days have elapsed from time of receipt of the Request for Release of Funds and Certification (see HUD Form 7015.15) and if no objections from the public have been received. You are reminded that in accordance with Paragraph 576.85, the City of Virginia Beach must submit an Interim Performance Report to HUD not later than 30 days after the end of the 180-day period allowed for the obligation of grant amounts, or 30 days after the date when all grant amounts are obligated (plus extension time), whichever comes first. Please utilize the information provided in the reporting forms which are enclosed. Annual performance reports and a final report will also be required. If you have any questions or need assistance in order to expeditiously expend these funds to assist homeless persons, please contact Carmen Bucci, Community and Economic Development Representative of this office at (804) 278-4588. Enclosure Very sincerely yours, G. Wilson CITY OF VIRGINIA BEACH EMERGENCY SHELTER GRANT PROGRAM DESCRIPTION OF PROPOSED USE OF FUNDS - 1993 FEBRUARY, 1993 Ie VIRGINIA BEACH ECUMI~C~ HOUSING, INC. Proposed allocation: $24,320 for operations / maintenance 6,080 for services Funds will be used to provide shelter and services for homeless families at VBEH sites. Virginia Beach Ecumenical Housing, Inc. has a formal process for termination of assistance to clients. He VIRGINIA BEACH DEPT. OF SOCIAL SERVICES Proposed allocation: $ 7,600 for services to families Funds will be used for Homeless Emergency Program (HEP). The Virginia Beach Dept. of Social Services has a formal process for termination of assistance to clients. - 19 - Item III-K. 2 CONSENT AGENDA ITEM # 36703 Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $19,769 for Section 8 rental payments and $9,040 for adrninistrative fees from the Department of Housing and Urban Development (HUD) re Section 8 Rental Assistance Program; increase revenue from Federal Government by $28,809; and, establish a new permanent full-time clerical position in the Section 8 Unit. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James gE. Brazier, Jr., Robert W. Clyburn, Robert 1~ Dean, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 ORDINANCE TO ACCEPT AND APPROPRIATE $28,809 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR USE IN THE SECTION 8 RENTAL ASSISTANCE PROGRAM AND TO ESTABLISH A PERMANENT FULL-TIME CLERICAL POSITION IN THE SECTION 8 UNIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, the City receives funding under the Section 8 Existing Housing Program for the purpose of providing rental subsidies to low income households, and WHEREAS, the City has received an award of additional funding under this program, and WHEREAS, the City wishes to expand the use of Federal funds to provide rental assistance to low income households, NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $19,769 in Section 8 rental payments and $9,040 in administrative fees be accepted and appropriated to the Section 8 budget unit, and BE IT FURTHER ORDAINED THAT revenue from the Federal government be increased by $28,809, and BE IT FURTHER ORDAINED THAT a new permanent full-time clerical position be established in the Section 8 unit. Adopted by the Council of the City of Virginia Beach on the 20 day of Aprxl , 1993. 16 17 18 19 20 Appr~v~ as to.C0~t~t; ~ Ant'drew M.~ Ffi~dn~an, Acting Director Department of Housing and Neighborhood Preservation Approved as to Legal Form City Attorney //: U.S. Department of Housing and Urban Development R~chmond Ofhce, Region III P O Box 10170 400 N 8th Street, 1st Floor R~chmond, VA 23240-9998 Ms. Maryann I. Ustick Director, Department of Housing and Neighborhood Preservation Princess Anne Park, Building 5 Municipal Center Virginia Beach, VA 23456-9083 Dear Ms. Ustick: SUBJECT: Housing Voucher Reservation; VA36-V039-001 Congratulations! Your application for Housing Vouchers under the Department's July 29, 1992 NOFA, has been approved for Annual Contributions Contract Authority in the amount of $98,796 ($8,112 Admin fee, plus $90,684 HAP to be shown separately on HUD 52673). Although the specified funds have been reserved, it is noted that no HAP Agreements or Contracts with owners may be executed utilizing these funds until an Annual Contributions Contract (ACC) has been executed by this office. The ACC is being prepared and will be forwarded under separate cover. Your ACC will be executed when the following forms have been approved by this office: I · Equal Opportunity Housing Plan and Equal Opportunity Certification; · A statement referencing the latest revision date of your Administrative Plan; · Schedule of Allowances for Utilities and Other Services, Form HUD 52667, with a justification of the amounts proposed if not approved by HUD within the last 12 months. The reservation of housing vouchers made for your Authority is as follows: Unit Type Number of Units Monthly Average Subsidy/Admin Fee 2 BR 3 $477.25/$52.00 3 BR 10 $644.00/$52.00 TOTAL UNITS: 13 Upon request, this office will be glad to provide any assistance you may need in the preparation of documents. If you have questions, please contact your Housing Specialist, at (804) 771-2571. Very sincerely yours, U.S. Department of Housing and Urban Development R~chmond Ofhce, Region III P O Box 10170 400 N 8th Street, 1st Floor Rmhrnond, VA 23240-9998 Ms. Maryann I. Ustick Director, Department of Housing and Neighborhood Preservation Princess Anne Park, Building 5 Municipal Center Virginia Beach, VA 23456-9083 Dear Ms. Ustick: SUBJECT: Section 8 Reservation, Project No. VA36-E039-00! Congratulations! Your application for Section 8 Existing Certificates under the Department's July 29, 1992, NOFA has been approved for Annual Contributions Contract Authority in the amount of $94,344, and 5-year budget authority of $471,720. The ACC is being prepared and will be forwarded under separate cover. Forms HUD-52672 and 52673 must be submitted with the ACC when it is signed and returned to HUD for execution. Although the specified funds have been reserved, no HAP Contracts with owners may be executed requiring use of these funds until such time as an ACC has been executed by this office. The Contract will cover the following number of units and unit size distribution: 1 BR- 2 2 BR- 8 3 BR- 2 TOTAL UNITS: 12 Your ACC will be executed when the following forms have been approved by this office: I · Equal Opportunity Housing Plan and Equal Opportunity Certification; · A statement referencing the latest revision date of your Administrative Plan; · Schedule of Allowances for Utilities and Other Services, Form HUD 52667, with a justification of the amounts proposed, if not approved by HUD within the last 12 months. Upon request, this office will be glad to provide any assistance you may need in the preparation of documents. If you have questions please contact your Housing Specialist, at (804) 771-2571. Very sincerely yours, Manl~ G. Wilson - 20 - Item III-K. 3 CONSENT AGENDA ITEM # 36704 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to TRANSFER $53,492 from within the Fire Department's FY 1992-1993 Operating Budget re repair parking lot and driveways at Fire Station 19. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 AN ORDINANCE TO TRANSFER $53,492 FROM WITHIN THE FIRE DEPARTMENT'S FY 1992-93 OPERATING BUDGET TO REPAIR THE PARKING LOT AT FIRE STATION 19 WHEREAS Fire Station 19, located at 4196 Pleasant Valley Road is being utilized as a recycling drop-off center in addition to having Fire and EMS functions, WHEREAS the heavy equipment, fire trucks, ambulances, and Waste Management trucks are damaging the asphalt parking lots and driveways, WHEREAS the cost to repair the parking areas and driveways is estimated to be $53,492 with the funds being available in the Fire Department's FY 1992-93 Operating Budget. 10 11 12 13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $53,492 be transferred from within the Fire Department's FY 1992-93 Operating Budget for the purposes of repairing the parking area and driveways at Fire Station 19. ADOPTED: Aprzl 20, 1993 Approved as to Content ~Wa~ ~r- C .' Krae~,/ Jr. Deputy Director Management and Budget CRW-C \OB93\Ftre6 ord I I I I - 21 - Item III-K4 CONSENT AGENDA ITEM # 36705 Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Avenue "E" at Bonney Road to Contractors Paving Company, Inc., re construct and maintain a fence for storage of construction materials (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RI GHT - OF -WAY OF AVENUE "E" TO CONTRACTORS PAVING COMPANY, INC. , ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Contractors Paving Company, Inc., its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Avenue "E". That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a fence for storage of construction materials and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Avenue "E", on the certain plat entitled: " EXHIBIT SHOWING ENCROACHMENT FOR CONTRACTORS PAVING CO., INC. LYNNHAVEN BOROUGH-VIRGINIA BEACH, VIRGINIA SCALE: 1"=100' FEBRUARY 10, 1993 BASGIER AND ASSOCIATES ENGINEERS-SURVEYORS- PLANNERS," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Contractors Paving Company, Inc., its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Avenue "E" and that Contractors 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Paving Company, Inc., its heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Contractors Paving Company, Inc., its heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shal~ be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Contractors Paving Company, Inc. executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of April , 19 93 . 61 62 63 PHA/tga 03/18/93 contpavg, ord TO DEPARTMENT APP/:::IOVED AD TO LEGAL SUFFIOI£-NC,Y THIS AGREEMENT, made this 26thdayof FEB ,19 93 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and CONTRACTOR'S PAVING CO., INC., ITS party of the second part, tIEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee. WlTNESSE'TH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a 6-foot chain link fence for storage of construction materials in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such chain link fence for storage of construction materials, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Avenue "E"; and said party of the second part has requested that the party of the first part grant a temporary encroachment to faciIitate such chain link fence and stoarage of materials within a portion of the City's right-of-way known as Avenue "mi', 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 ot~ the second part a temporary encroachment to use a portion of the City's right-of-way known as Avenue "E" for the purpose of constructing and maintaining such chain link fence for storage of construction materials. 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 right-of-way known as Avenue "E" as shown on that certain plat entitled: "EXHIBIT SHOWING ENCROACHMENT FOR CONTRACTOR'S PAVING CO., INC. LYNNHAVEN BOROUGIt - VIRGINIA BEACH, VIRGINIA SCALE 1" = 100' 'FEBRUARY 10, 1993 BASGIER AND ASSOCIATES ENGINEERS- SURVEYORS - PLANNERS," 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 right-of-way known as Avenue "E" 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 h~rmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. 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 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 mann,er provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said CONTRACTOR'S PAVING CO., INC. has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager / Authorized Designee of the City Manager City Clerk (SEAL) ~) ATTEST: (Title) //~ ~OYCE A, SAWYER, SECRET~jtY By STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, CONTRACTORS PAVING CO., INC. R. C. TEETS, PRESIDENT ~/2.?OVED AS TO CONTENT DEPAI~TMENT for the City and State aforesaid, do hereby certify that , a Notary Public in and CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this ~ day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on tile day of , 19 acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this ~ day of , 19 , has My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, JOYCE A. SA~4YER , a Notary Public in and for the City and State aforesaid, do hereby certify that ROBERT C. TEETS, President on behalf of Contractor's Paving Co., Inc., whose name is signed to the foregoing writing, bearing date the 26TH day of FEBRUARY , 19 93, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 2 ~--~ko f FEBRUA~ ~//~/ ,19 93. My Commission Expires: APRIL 30, 1996 APPROVED A9 TO LEGAL SUFFIGIENGY Larasan Realty Corp. 800 Nevvtown Road Virginia Beach, VA 23462 (804) 473-3040 MEMO TO: Bob Teets Contractor's Paving FROM: Tony Sancilio DATE: March 17, 1993 SUBJECT: Avenue E Closure Per our conversation with Contractor's Paving, we the adjoining land owners (Block 3, Lots 11-13, 16-23; Block 4, Lots 1-17) have no objections to the closure of Avenue E. Anthony J.*~.~ilio rvh 990 BONNF--¥ RD Hb/¥ R~¥iSED I990 FIRST ST. rtl Z m _- i i i i OF A VENUE A T SONNEy SCALE : 200 l 'lh II E II PREPARED BY P/W ENG. DRAFT. ~c NO~ou~ BF..ACH (TNOD_-,-TS ,61 g )1 .61 ~,~ ,00 001 0001,~t .L O0 001 133BIS .I. S ,~t l _,-I o . r~ - 22 - Item III-I~5 CONSENT A GEND,4 ITEM # 36706 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $13,074.44 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 FORM NO CA. SREV 3/86 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 hcense refunds, upon cert~hcat~on of the Commissioner of the Revenue are hereby approved. L~cense Date NAME Year Pa~d Base Penalty Int. Total Computer Dynamics Inc. 1991-92 4452 Corporation Lane, Suite 300 V~rginia Beach, VA 23462 Audit 13,074.44 13,074.44 Th~s ord,nance shall be eflecbve from date of adopbon The above abatement(s) totahng $ 13. 074.44 of the C~ty of V~rg~n~a Beach on the 20 day of Ce~hed as to Payment ~'~e. P Vau~han Commissioner of the~e~enue Approve~a~ to form .~./'~~ JLeshe L blley C~ty Attorney were approved by the Councd April , 19 93 Ruth Hodges Smith C~ty Clerk Item III-L. PUBLIC HEARING ITEM # 36707 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING , (a) WILLIAMS HOLDING CORPORATION AND JOSEPH E. AND JACK P. BURROUGHS CONDITIONAL USE PERMIT April 20, 1993 - 24 - Item III-L. 1. PUBLIC HEARING ITEM # 36708 PLANNING R. Edward Bourdon, Jr., Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant The following registered in OPPOSITION: Pat Ingmire, 2993 Seaboard Road, Phone: 721-5549 Barbara Henley, 3513 Charity Neck Road, Phone: 426-7501, represented SAVE Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of WILLIAMS HOLDING CORPORATION and JOSEPH E. AND JACK P. BURROUGHS for a Conditional Use Permit for 58 houses in the AG-1 and AG-2 Agricultural Districts on the southwest side Seaboard Road, 3500 feet more or less northwest of Princess Anne Road, containing 264.62 acres. Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of WILLIAMS HOLDING CORPORATION and JOSEPH E. AND JACK P. BURROUGHS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILLIAMS HOLDING CORPORATION AND JOSEPH E. AND JACK P. BURROUGHS FOR A CONDITIONAL USE PERMIT OF SINGLE FAMILY HOMES IN THE AG-1 AND AG-2 DISTRICTS R04931814 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Williams Holding Corporation and Joseph E. and Jack P. Burroughs for a Conditional Use Permit for single family homes in the Agricultural District on certain property located on the southwest side of Seaboard Road, 3500 feet more or less northwest of Princess Anne Road. Said parcel contains 264.62 328 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: . The number of units on the entire 328 acres of property shall be limited to forty (40) one (1)-acre lots. Setbacks of at least fifty (50) feet, except as adjusted by mutual agreement during the course of design, shall be adhered to along the lots where they abut the golf course. The forty (40) lots shall be as located on the site plan submitted to City Council on April 20, 1993, except as mutually agreed to by the City and the Applicant. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth of April, Nineteen Hundred and Ninety-Three, April 20, 1993 - 25 - PUBLIC HEARING ITEM # 36708(Continued) PLANNING Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Louis 1~ Jones, Paul J. Lanteigne, and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K. Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None April 20, 1993 - 26 - Item III-M. 1. APPOINTMENTS ITEM # 367O9 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: DEVELOPMENT AUTHORITY W. Brantley Basnight III Unexpired term thru August 31, 1993 Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert ~ Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 20, 1993 - 27 - Item III-M. 2. APPOINTMENTS ITEM # 36710 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: FRANCIS LAND HOUSE BOARD OF GOVERNORS April 20, 1993 - 28 - Item III-N. 1. UNFINISHED BUSINESS ITEM # 36711 ADD -ON Councilman Baum advised during the FY 1993-1994 OPERATING BUDGET PUBLIC HEARING at Green Run High School on April 15, 1993, approximately 76% of the speakers were City employees. Councilman Baum wished to have the views of the average citizen. He believes they chose not to attend these Public Hearings due to the behavior of the large crowds and special interest groups. Councilman Baum noted the film prepared by Municipal Cable, concerning how to speak before City Council. Councilman Baurn suggested perhaps another segment should be devised concerning proper methods of behavior at Public Hearings. April 20, 1993 - 29 - Item III-N. 2. UNFINISHED BUSINESS ITEM # 36712 ADD -ON Mayor Oberndorf referenced correspondence from Les Fenlon, Lynnhaven Colony Civic League, concerning the PUBLIC HEARINGS relative REAPPORTIONMENT and 7-4 PLAN FOR ELECTORAL PROCESS. Mr. Fenlon represents the Citizens Action Coalition and other Civic Associations objecting to the dates and times of the REAPPORTIONMENT PUBLIC HEARINGS and requested City Council set more convenient locations and times for the general public. The City Attorney explained he felt they had selected convenient times with 9 AM, 4 PM and 6 PM. The Council Chamber location was selected to provide appropriate audio and recording which will probably be necessary in presenting this case to the Department of Justice as required by law. Councilman Moss advised he would be most pleased to sponsor any citizens under NEW BUSINESS who wish to speak relative REAPPORTIONMENT. April 20, 1993 Item III-P. 1. ADJOURNMENT ITEM # 36713 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 4:02 P.M., after which to conduct an FY 1993-1994 OPERATING BUDGET WORKSHOP. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 20, 1993