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Home My WebLink AboutAUGUST 11, 1992 MINUTES (Z>f E3@@@la "WORLD'S LARGEST RESORT CITY" (:ITY COUNCIL Ill-R EYE- E. ..RN-@. A'.@, 0, m@lctt ill. V.,..i. 11 BWIER. JR.. LI@.@'..-@ .)R@RT @. CLY.U@l, K-li- &@l@ RO@ERT K. DEAN, -@- -@@ LOUI@ R. jos@, @.- @gh PAUI.I. @WEIGNE, P-1@ II)IIN D, .0@. 'AS@l K, PIM@R. A,-u- .1 Cl- -U BUI@ING K. S-@. ci,, MUNICIP@ CWFER IT.,LiE L UU.EY, C@,@ Al@., CITY COUNCIL AGENDA IIRGINIA B@CH, VIRGINIA 2A@-5 S.VITH. CWC! -E, @il Cl@' AUGUST 11, 1992 1. CrrY GE3VS BREEFINGS Council Chamber - 12 NOON A. PUBLIC BEACH LIFEGUARD SERVICES Bruce Edwards, Emergency Medical Services B. SUBDIVISION BONDS AND SURETY PROCESS Robert J. Scott, Director, Planning C. PUBLIC RECREATIONAL FACILrrIES AUTHORrrY E. Dean Block, Director, Management and Budget 111. RMAL SESS]ION council 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO SESS]ION M. F'ORMAL SESS]ION Coumcfl @ber - 2-00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. E4VOCATION- Reverend Thomas H. Britton Pastor Emeritus Lynnhaven Colony Congregational Church C. PLEDGE OF LANCE TO THE FLAG OF THE UNrrED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CrrY COUNCIL E. CERTMCATION OF SESSION F. 1. INFORMAL & FORMAL SESSIONS - August 4,1992 G. 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. 1. Ordinances to and REORDAIN the Code of the City of Virginia Beach: 8. Section 21-79 re motor vddde and tragic code (license decals to Volunteer fire, rescue and police) b. Section 38-3.2 re weapons (use of bow and arrow) 2. Ordinance authorizing the City Manager to apply for a Virginia Department of Housing and Community Development Loan Fund Reservation re administration of the Indoor Phm bffitation 3. Ordinance to ARPROPRILATE $122,800 from retained earnings to the Wahab Public tAw Llbm" Fund re purchase of materials and furniture. 4. Ordinance to TRANSFER $300,000 to Sewer Project 6-008 Dozier's Bridge re preliminary engineering. 5. Ordinance to SFER $30,000 from tbe Seashore State park Contribution to the Water Recovery and the Sewer Une Fees Program for the E3derly and pped. 6. Ordinance authorizing the City Manager to TRANSFER $50,000 from the Economic Development Investment Program to the City of Virginia Beach Development rity re Unisys/Paramax on-site infrastructure expansion. 7. Ordinance to ff $477,812.06 of accounts receivable as @Rectibde @ts as of June 30, 1992. 8. Ordinances authorizing temporary encroachments: a. Portion of the City's property known as public beach at 4600 Oceanfrout Avenue to R. G. and FRMCES R. MOOP.JE re structural improvements (VIRG@ BEACH BOROUGH). Deferred: July 14, 1992 b. Portion of the right-of-way of Flnt Court Road to Flnt Court Road, Im re maintaining existing sprinkler system (BAYSIDE BOROUGH). C. Portion of the right-of-way of Old Kempsvifle Road to George B. and PbyM T. Va@ re maintaining existing fence (KEMPSVILLE BOROUGH). H. PUBUC G 1. PLANNING BY CONSENT a. Ordinance for the discontinuance, closure and abandonment of a portion of Croatan Road at the Northeast intersection of Croatan Road and General Booth Boulevard, containing 13,250 square feet, in the petition of SOL W. COHEN (LYNNHAVEN BOROUGH). Deferred for Compliance: February 11, 1992 Recommendation: FLNAL APPROVAL b. Ordinance for the discontinuance, closure and abandonment of a portion of a flfteen (15)-foot ll@e adjacent to lats 4, 5, 16 and 17, Block 20, Croatan Beach, containing 1,500 square feet, in the petition of SESSOMS M (LYNNHAVEN BOROUGH). Deferred for Compliance: June 23, 1992 Recommendation: FINAL APPROVAL C. Application of THE CHURCH OF ST. GREGORY TIFIE GREAT for a Conditional Use Permit for a church expansion at 5345 Virginia Beach Boulevard, containing 16.3 acres (BAYSIDE BOROUGH). Recommendation: "PROVAL d. Application of INDLAN RIVER GOLFO INC- for a Conditional Use Permit for a recreational facilily of an outdoor nature (mini-golf) on the East side of South Military Highway, 930 feet more or less South of Indian River Road (920 South Military Highway), containing 18.5 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Application of JOSEPH PREZIUM JR, DESIGN GRAPHICS, INC, for a Conditoonal Change of Zoning District Classiflcation from R-5D Residential Duplex District to 0-1 Office District on the West side of North landstown Road, 400 feet more or less south of Monet Drive (1857 North Landstown Road), containing 2.3 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 2. PLANNING - RECONSI]DERATION a. RECONSI]DERATION OF CONDMON Number 4 In the April 28,1992, Approved Application of THE MOST REVEREND WALTER F. AN, Bishop of the Diocese of Richmond, for a Conditional Use Permit for a Catholic high school on the East side of Princess anne road, 1300 feet more or less South of Green meadows Drive, containing 15 acres (KEMPSVILLE BOROUGH). Scheduled for Reconsideration: May 26, 1992 Deferred: June 23, 1992 Recommendation: AIPPROVAL 3. G a. Ordinance for the discontinuance, closure and abandonment of the following parcels In the petition of VIRGINILA BFACH CLUB, INC- and WALTER CASON BARCO (VIRGINIA BEACH BOROUGH): Parcel 1: Portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of 48 feet along the Northern property line (Southern boundary of Block 30, Shadow Lawn Heights) and running In a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1327 square feet. Parcel 2: Portion of Mediterranean Avenue, running a distance of 41 feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1547 square feet. Deferred for Compliance: January 28, 1992 Recommendation: Defer m Additional 130 Days b. Petition of IKC- for the discontinuance, closure and abandonment of a twenty (20)-foot unnamed lane between 2nd Street and 3rd Street beginning at the Eastern boundary of Paciflc Avenue and running In an Easterly direction a distance of 119.42 feet, containing 2365.5 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL C. Application of PEIER /FASR- FOREIGN CAR SERVI[CE, INC. for a Conditional Use Permit for an automob*le service and repair establishment on Lots 5, 6, 7, 8 and Lots 17 through 20, Block 6, Virginia Beach Annex #2 (849 Virginia Beach Boulevard), containing 28,314 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL d. Application of ALOT CORPORATION for a Variance to Section 5.6(a) of the Subdivision ordinance which requires sidewalks to be constructed on both sides of an arterial or collector street on Huckleberry Trail and Lillipond Lane (PRINCESS ANNE BOROUGH). Deferred: July 7, 1992 Recommendation DENL4,L APPO HUMAN RIGHTS COMMISSION - Resignation PUBLIC LIBRARY BOARD J. EUED BU 1. CrrY MANAGEWS PRESENrA'nON a. Siltation of a Lynnhaven RiverTri@t=T at 1112 Michaelwood Drive in LAtfle Neck (Lynnhaven Borough) Arthur R. Shaw, City Engineer K. NEW BU 1. COUNCH-SPONSORED rmms: a. Resolution calling upon the Virginia Congressional Delegation to oppose proposed Federal reductiom for urbm area capitid and operating to the TWewater rtation ComudssiomL Sponsored by: Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. b. Ordinance to and REORDAJN Section 2-20 of the Code of the City of Virginia Beach re thme and place of regular meetingl Sponsored by: Vice Mayor William D. Sessoms, Jr. L. ADJO CM COUNCEL LEADERSHIP/GOAL SETIING WORKSHOP AUGUSr 21 - 22, IM If you are physkany or visuaffy impaired and need assistance at this meeting, please call DONNA JOHNSTON at 427-4293 VOICE OR TDD by MONDAY 9:00 AM 8/6/92 mim/cmd AGENDA\8-11-92.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginla Beach, Vlrginla August 11, 1992 Vice Mayor William D. Sessoms, Jr. called to order the VIRGINIA BEACH CITY COUNCIL for the CITY MANAGER'S BRIEFINGS in the Council Chamber, City Hall Building, on Tuesday, August 11, 1992, at 12:00 NOON. Council Members Present: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (Absent due to death of her father, Louis I. Ellenson) - 2 - C I T Y M A N A G E R 'S B R I E F I N G PUBLIC BEACH LIFEGUARD SERVICES 12:00 NOON ITEM # 35930 Bruce Edwards, Director - Emergency Medical Services, advised Liteguard service is currently being provided at the following public beaches: Fort Story, Resort Area (Rudee Inlet to 40th Street), Groatan, Canp Pendleton, Sandbridge and Little Island Park. This service is provided by two private companies through three contractual agreements which also give the franchisees, with the exception of Fort Story that has nonexclusive rights to rent beach equipment at all areas on the Base. One contract also includes the collection ot parking fees at a public lot in Sandbridge. The City does not receive these rental or parking revenues. As a result of all contracts expiring prior to the 1993 Season, the City Manager appointed a Liteguard Contract Committee to review the existing contracts. The input received from the experiences with these two companies and in view of the changes since the origination of the contracts all aspects have been considered in preparation of an RFP for the solicitation of bids tor the contracts beginning 1993. Recognizing the changes that have occurred since the present contracts were initiated and in an effort to encourage corrpetition and maximize the City's award options, the Lifeguard Contract Committee identified three Request for Proposal (RFP) scenarios to solicit proposals for services beginning in 1993. Mr. Edwards cited the tollowing ASSUMPTIONS: On the basis ot similarities, public beaches with guard service were divided into two areas. Area One designated as the Resort Area, would encompass the Resort Area, Fort Story, Croatan and Camp Pendleton. Area Two, designated as the Sandbridge Area, would enconpass Sandbridge Beach and Little Island Park. Two separate RFPs would be solicited. For ease of administration, Sandbridge Beach parking lot franchise was removed from the scope ot service to be solicited. The operation of both City parking lots at Sandbridge Public Beach will be transferred from Parks and Recreation to the Parking Systerns Management Office. To assure the best services for the City, RFP options were identified. Mr. Edwards advised the OPTIONS: Scenario 1: Solicit one RFP tor an offeror to provide both lifeguard and beach rental services. Scenario 2: Solicit two RFPS. One RFP would be for an offeror to provide for I i f eguard serv i ces and the other RFP would be for an offeror to provide for beach rentals. Scenario 3: Solicit one RFP that is structured to allow proposals to be submitted and evaluated based on prov i d i ng I i teguard serv 1 ces on I y, beach renta I s on I y, or both I i teguard and beach rentals. Award the RFP in the rmnner that would be in the best interest of the City. - 3 - C I T Y M A N A G E R 'S B R I E F I N G PUBLIC BEACH LIFEGUARD SERVICES ITEM # 35930 (Continued) The Liteguard Contract Committee selected Scenario 3 as a means of providing certain advantages to the City. Most inportantly, it is felt this type of bid process will encourge competition and assure the "best deal" for the City in the provision of these services. ADVANTAGES OF SCENARIO 3 Cleaner contract oversight by the potential to divide each component into separate contracts. Thus, Ermrgency Medical Service (EMS) could oversee only the provision of Lifeguard services, while Convention and Visitor Development (CVD) could appropriately assume oversight of the Beach Rental franchises. The potential to provide revenue to the City by separating the two corrponents. It is anticipated that there could be multiple offerors for the Beach Rental franchises and that the franchise fees paid to the City may offset the total cost ot the lifeguard services. Enhanced flexibility by allowing the City to award each conponent separately or in the most advantageous combination. It also allows the ofterors to tailor their bids according to their needs and capabilities. Increased coupetition in that offerors who normally would provide just the beach rental service or just the lifeguard services will be encouraged to apply. The option to award the contract to a single offeror who provides both services. Scenario 3 provides the greatest flexibility by affording the most options. DISADVANTAGES OF SCENARIO 3 There could be more contracts to administer, which might result in higher costs for contract oversight. Separating out the lifeguard service from the beach rental service could dramatically increase the cost tor providing the lifeguard services. (Under the current system the contractor retains all revenues from the beach rental services and uses them to offset cost i n the lifeguard services with the City reinbursing the contractor for the remaining costs.) Separate contracts at these public beaches may create conflicts between the offeror with the lifeguard service and the offer with the beach rental franchise. - 4 - C I T Y M A N A G E R 'S B R I E F I N G PUBLIC BEACH LIFEGUARD SERVICES ITEM # 35930 (Continued) Vice Mayor Sessoms pol led the City Counci I as to their preference concerning OPTIONS. SCENARIO I SCENARIO 3 James A. Baum Robert K. Dean Linwood 0. Branch, Ill John D. Moss James W. Brazier, Jr. Nancy K. Parker Robert W. Clyburn Louis R. Jones Paul J. Lanteigne Vice Mayor William D. Sessoffs, Jr. BY CONSENSUS, City Council directed the City Staff to proceed with SCENARIO 1. As per request of City Counci 1, f inancial statements of the Lifeguard Services will be provided. - 5 - C I T Y M A N A G E R 'S B R I E F I N G SUBDIVISION BONDS AND SURETY PROCESS 12:47 P.M. ITEM # 35931 Robert J. Scott, Director ot Planning, introduced Charles Hassen, Director ot the Developrmnt Services Genter and Barbara Duke, Administrator of the Surety Process for the City. Over a sixteen month period, through the detaults of nine subdivision projects, the City experienced a $100,500 loss, due to insufficient surety held to coitplete required infrastructure loprovements. A TQM Process lnprovement Team was formd to study tne surety process for subdivisions. The project statement was "to decrease the amount ot surety loss to the City of Virginia Beach by decreasing the number of subdivision pertorronce bonds whose va I ue f a I I be I ow comp I et i on cost". Us i ng the seven step method tor process inprovement, the team examined data from defaulted subdivisions to determine if the short fal I was a special exception, or whether the surety process needed moditication. The team also evaluated data from nine additional active subdivisions to see it the same potential tor loss of dol lars existed. Data from these active projects shows that a potential loss of $339,854 to the City exists. It a default rate continues, the City has the potential of losing over a mi I I ion dol lars due to Insufficient surety held for completion cost. The purpose of the surety process is to guarantee satisfactory performance ot work within City owned property on a particular subdivision (paven)ent, drainage, water and sewer, sidewalks, street lights, fire hydrants, et cetera.) Mr. Scott identified the three forms of Surety: bond, letter of credit or cash held by the City to ensure corrpletion of required improvements. Performance Bonds are surety instruments posted by a developer to insure completion of all improvenients on City approved construction plans. A Defect Bond is a two-year bonded warranty period where subdivision inprovements have been accepted by the City. Development Is no longer rapid or extensive. The rate ot default is more frequent. Upon default, the City, in many cases is holding insufticient surety to see that the work is properly done to cover the cost of the work that is being guaranteed. Mr. Scott cited the tollowing recommendations ot the Surety Process Quality lnprovement Team: 1. Each departmnt should update their cost index on at least an annual basis to offset inflation, and the cost index should be in a cortuterized database tor ease of update. This database should be made available to the engineering commmunity. Each department should review its estimating process and establish consistent procedures based on realistic costs to the City to complete projects in cases of default. Requests for reductions in sureties should be reviewed on the basis of total cost to complete, rather than reducing by the value of work conpleted. This ensures that the surety held will always cover the cost of the inprovements yet to be installed. 2. Subdivision sureties should not be reduced below 80% of total project cost prior to the project being coapelted and accepted tor defect. This would require a revision to Section 7.3 of the City's Subdivision Ordinance. Data shows that with 20% held, sufficient surety is available in most cases. Current City Policy is to allow reductions to 10% of total project cost. 3. Revise the subdivision agreement to incorporate provisions to provide for inflationary adjustment ot sureties, recouping ot administrative costs for defaults and making the issuer of the surety responsible for conipletion of iryprovements when the developer defaults. This would take the City out of the role of becoming the developer when defaults occur. The priniary cause of insufficient surety being held is that projects are not being conpleted in a timly manner. Entorcemnt of the subdivision agreement can prevent this from happening. - 6 - C I T Y M A N A G E R 'S B R I E F I N G SUBDIVISION BONDS AND SURETY PROCESS ITEM # 35931 (Continued) 4. Review the process for estiffiating conpletion cost upon developer default to include cost for administration, inspection and rework. It is recomrmnded that the City Attorney investigate the feasibi lity of changing the wording of subdivision bonds to the sam requirements as CIP Perfornance Bonds, that require the surety Issuer to conplete the project should the developer default. If this is not feasible, it is recommended that all departments review their cost estimating procedures with regard to completing defaulted projects to include costs for inflation, rework, field conditions, changes in material, inspections, administration, contingencies, debris disposal, mobilization of equipment and any other recognizable cost that may be anticipated. 5. Each departmnt which reviews surety estimates and reductions needs to be part of a couprehensive training system that will provide staff with knowledge ot the entire surety project5 and how they fit into the overall surety system. A tracking method to keep abreast ot progress on active projects also needs to be developed and coordinated by staff which has training and knowledge ot the surety system. Mr. Hassen distributed copies of The Surety Process Study which is hereby made a part of the record. Charts reflecting Defaulted Projects, Amounts for Default, Additonal Loss Revenue due to Time Length of Development Projects, Sruety Sanple Data, Subdivision Surety Analysis, Potential for Loss and Public Utilities Improvements (Estimate Cost Coniparison), are included within this report. - 7 - C I T Y M A N A G E R 'S B R I E F I N G PUBLIC RECREATIONAL FACILITIES AUTHORITY 1:05 P.M. ITEM # 35932 E. Dean Block Director - Management and Budget, advised Chapter 29, Section 15.1-1271-15.1-1287 ot the Virginia Code provides for the estabi ishment of a Publ ic Recreational Faci I ities Authority. This section al lows local ities to estabi ish an authority which can undertake a wide variety of recreational faci I ity projects. The authority can be a financing and governance mechanism for such projects. It allows localities greater flexibility in constructing and operating certain types of publ ic faci I ities. It does not, in itself, i rrprove the f inancial feasibi I ity of any given project. The MC)ney must sti I I be provided by whatever mechanisms are necessary and appropriate. Some projects may be fu I ly selt-supporting; others may not. Both types can be addressed via an RFA due to the f lexibi I ity inherent in the legislation, but tunding would need to be provided to the RFA from an external source for those projects not self-supporting. Mr. Block advised the Legal Establ lshnient of a Publ ic Recreational Faci I ities Authority: Requires majority vote ot City Council to establish the authority tollowing a public hearing. City Counci I appoints members "in the manner and for the term" provided by the ordinance establishing the authority. The authority, once establ ished, is a publ ic body politic of the Commonwealth. The Commission elects its own chair and off icers un I ess otherwise specified in the resolution establishing the authority. Purposes of the authority under State Law can be restricted in the local authorizing resolution/ordinance. The authority may be dissolved when its purposes are fulfilled and all obligations paid. The structure of an RFA can vary widely-the governing commission can be from five to seventeen persons in size. Eaployees and officials of the City may constitute a majority of the Commission, but may not exclusively constitute the Commission. Mr. Block cited the decisions regarding the composition of the governing Commission: 1. The need for direct City Counci I participation in the mrrbership of the commission. 2. The need for representation ot concerned interests within the comrmnlty. 3. The need tor representation ot useful expertise. 4. Whether or not the RFA should have it5 own staff. 5. The factor of retaining centralized debt nianagement. - 8 - C I T Y M A N A G E R 'S B R I E F I N G PUBLIC RECREATIONAL FACILITIES AUTHORITY ITEM # 35932 (Continued) Mr. Block cited Budget/Financial Considerations: The RFA cannot issue debt which wi I I i npact on the Charter Bond Authority ot the City nor pledge the ful I faith and credit of the City. There would be some administrative costs associated with the Authority. Those costs would not be large unless the Authority has its own statt. Debt issued through the Authority will not be rated as highly as the City's General Obligation (Charter) debt and may not be rated as highly as Certificates of Participation issued directly by the City. Debt issued by the Authority will not inpact the City's legal debt limits. Depending on the self-supporting nature of the project, debt issued by the Authority may or [my not be included in credit analysis of the City's overall tax- supported debt position. For non-self-supporting projects, RFA debt will rmst likely be included in calculating City debt Indicators. The RFA cannot levy a tax nor exercise the power of eminent donoin. POWERS OF THE AUTHORITY The Counci I may iitplement an RFA for such purposes as it deems appropriate, within the scope of the state law. The Authority rmst comply with procurement laws. The City may transfer property to the Authority. Such transfers are rmst likely to require a three-quarter majority vote. The City may lease or lease-back properties/projects from the Authority. The Authority may operate projects. The City Manager can serve as the head or chiet administrative officer of the Authority. The City cannot directly secure bonds with a limited tax pledge. The City cannot issue "Hotel Tax Bonds". Such "general revenue" or "pledgell bonds are not allowed in Virginia. The Development Authority, as presently constituted, cannot issue bonds for many of the types ot projects permitted an RFA, nor can the Development Authority operate projects. The City Council may choose to directly sell Certiticates of Participation for non-self-supporting projects or Revenue Bonds for self-supporting projects, which could finance projects which might otherwise be addressed through the Authority. The advantages and disadvantages would have to be evaluated on a case-by-case basis and would include relative cost, legal considerations, market conditions, available revenues and other considerations. There is no requirement or guarantee that even if the RFA is established, specific project5 would take place under the auspices ot the Authority. Each project, or set of projects must ultimately be evaluated on its own rrierits. Council may consider the desirability of funding some projects without recourse to the property tax. Many projects can only be tunded as a practical matter thorugh General Obligation Bonds. It can be considered whether or not sorne projects can best be understood and accepted it they are at least partially self-supporting and where necessary, supplemented by dedicated revenue streams not derived from the property tax. - 9 - C I T Y M A N A G E R IS B R I E F I N G PUBLIC RECREATIONAL FACILITIES AUTHORITY ITEM # 35932 (Continued) Mr. Block outlined four alternatives regarding the Public Recreational Facilities Authority: Do not establish a Recreational Facilities Authority (RFA). Establish an RFA with non-Counci lmerrber majority appointments and full powers. Establ ish RFA with appointed City Counci I majority menbership I !miting its purposes as permitted by the State. Establ ish RFA with ful I City Counci I meffbership plus additional appointments (up to 4) as membership. Councilman Dean advised a Public Recreational Facilites Authority would certainly effect his Borough. Councilman Dean wished this item be SCHEDULED for a City Council Session to enable the public to express their opinions regarding the creation of saw. - 10 - ITEM # 35933 v ice Mayor Wi II i am D. Ses so Ms, Jr. , cal led to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, August 11, 1992, at 1:34 P-M- Council Members Present: John A. Baum, Linwcod 0. Branch, ill, James W. Brazier, Jr., Rob@rt W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sesso- , Jr, Council Menbers Absent: Mayor Meyera E. Oberndorf - 11 - ITEM # 35934 Vice Mayor William D. Sessoms, Jr., entertained a motic)n to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration ot or interviews of .' i". ndid 3@ for employment, assignment, appointwnt, promotion, ro p .t? salaries, disciplining, or resignatio Pp@r@l,)r,c,t@nce, c@d , t.n , n ot spec 1 f i c pu b I i c of f 1 cers, appo i ntees, or enip I oyees pu rsuant to Sect i on 2. 1 -344 (A) (1). To-Wit; Appointments: Human Rights Commission Chesapeake Bay Preservation Board Public Library Board Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Counci I voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Menibers Absent: Mayor Meyera E. Oberndort - 1 2 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 11, 1992 2:00 P.M. Vice Mayor Wl I 1 i am D. Sessoms, Jr. cal led to order the FORMAL SESSION ot the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 11, 1992, at 2:00 P.M. Counci I Menters Present: John A. Baum, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (Absent due to death of her father, Louis 1. Elienson) INVOCATION: Reverend Thomas H. Britton Pastor Eaeritus Lynnhaven Colony Congregational Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessom advised the thoughts and prayers ot the City Council are with the Mayor upon the death of her father, Louis 1. Ellenson. Vice Mayor Sesson's wished to express the City Council's deepest synpathy. Vice Mayor Sessoms requested a moments silence in Memorium. 1 3 Item III-E.I- CERTIFICATION OF EXECUTIVE SESSION ITEM # 35935 Upon motion by Counci I Lady Parker, seconded by Counci I man Jones, City Counci I CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public bus i ness matters I awf u I IY exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certitication resolution applies; AND, Only such public business rriatters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessorrrl Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndort 4b, ltt.sialuttiatt CERTIFICATION OF EXECUTIVE SESSION VIRGTNIA BEACH CITY COUNCTL WHERFAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35934, Page No. 11, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 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 TT 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 convenidg this Executive Session were heard, discussed or considered by Virginia Beach City Council. August 11, 1992 - 14 - Item 111-F-1. MINUTES ITEM # 35936 upon motion by Counc i I man MOSS, secon ded by Counc i I La dy Parker, city Counc i I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS ot August 4, 1992. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, Ill, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J- Lanteigne, John D. Moss, Nancy K. Parker and William D. Sessoms, Jr. Council Menibers Voting Nay: None Council Members Abstaining: James W. Brazier, Jr. Council Menbers Absent: Mayor Meyera E. Oberndorf Councilman Brazier ABSTAINED as he was not in attendance during the City Council Session ot August 4, 1992. - 1 5 - Item Iii-F-2- ANNOUNCEMENT ITEM # 35937 Vice Mayor Sessoff6 recognized the Boy Scouts in attendance to earn their Merit Badges: TROOP 65 Scoutmaster: Beverly Anderson 1 7 Item 111-G.1 CONSENT AGENDA ITEM # 35939 Upon motion by Counci I man Jones, 5econded by Counci I man Moss, City Counci I ADOPTED: Ordinance5 to AMEND and REORDAIN the Code of the City of Virginia Beach: a. Section 21-79 re motor vehicle and traffic code (license decals to Volunteer fire, rescue and police) b. Section 38-3.2 re weapons (use of bow and arrow) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor Wi I I i am D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf LE 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 21-79 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 MOTOR VEHICLE AND TRAFFIC CODE. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 21-79 of the Code of the city of virginia Beach, 9 virginia, is hereby amended and reordained to read as follows: 10 Section 21-79. Issuance of decal to members of 11 volunteer fire companies or rescue squads and 12 auxiliary policemen. 13 City automobile lieense pla--es or decals shall be issued to 14 members of the various volunteer fire companies and rescue squads_ 15 @ to auxiliary policemen and to volunteer poli of the 16 city, without the payment of any tax or fee therefor, in accord 17 with the following provisions: 18 (1) The city treasurer shall issue a city automobile 19 decal to each active member of the various 20 volunteer fire companies and rescue squads_ @ to each 21 active auxiliary policeman and to these 1/2iith t 22 mere years' aetive se@viee in ene ef the 23 altheuejh pr-esent-l:y inaeti@, each active volu 24 chaplain, who shall submit a letter from the chief of his 25 fire company or rescue squad or, in the case of auxiliary 26 policemen and volunteer police chaplains, from the chief 27 of police, stating that he is an active memberis of the 28 company or squad or is an active auxiliary policeman or 29 that, W..--e k vel-F 30 fer ten (19) volunteer police chaplain. 31 (2) Each such member of a volunteer fire company or rescue 32 squad_ @ auxiliary policeman and volunteer Police 33 chaplain shall, at the time of issuance, agree with the 34 treasurer to return to the treasurer the city automobile 35 lieense plate er decal issued to him, if and when such 3 6 member_ @ auxiliary policeman or volunteer Police 37 chaplain becomes inactive. after having aetively served 38 fer !ess than ten 39 (3) The chief of each volunteer fire company and rescue squad 40 and the chief of police shall subinit to the treasurer the 41 names and lenejth r-1/2-iee- of members_ @ 42 auxiliary policemen and Police chaplains who become 43 inactive. 44 Adopted by the Council of the City of Virginia Beach, Virginia 45 on the lith day of August 1992. 46 CA-4472 47 \ORDIN\PROPOSED\21-079.PRO 48 R-1 49 SEF@/APPROVED 50 -4@. - 51 TASURER 52 53 ISSIONER HE REVENUE 54 55 CVITP OF POLICE 2 L @@,4 LL; 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 38-3.2 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO WEAPONS. 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 38-3.2 of the Code of the City of Virginia Beach, 8 Virginia, is hereby amended and reordained to read as follows: 9 Section 38-3.2. Use of bow and arrow restricted. 10 (a) It shall be unlawful for any person to shoot with a bow 11 and arrow within those limits of the city which are specified in 12 section 38-3 to be unlawful for the discharge of any firearm, 13 except within an archery range having clearly designated boundaries 14 and a safe area of impact sufficient to prevent personal injury and 15 property damage. The use of any such range located on public or 16 school property shall be subject to the approval of the director of 17 parks and recreation or the principal of the respective school. 18 The shooting of arrows tipped with suction cups shall not 19 constitute a violation of this section. 20 (b) Notwithstanding any other provision of this chapter, it 21 shall be unlawful for any Person to shoot with a compound bow or 22 crossbow at or upon the property of another without permission of 23 the owner or other person lawfully in charge thereof. 24 (@c) A violation of this section shall constitute a class 4 25 misdemeanor. 26 Adopted by the Council of the City of Virginia Beach, Virginia 27 on the llth day of August 1992. 28 CA-4721 29 \ORDIN\PROPOSED\38-003-2.PRO 30 R-1 - 18 - Item 111-G-2 CONSENT AGENDA ITEM # 35940 Upon motion by Coun ci I man Jones, seconded by Counc i I man Moss, City Counc i I ADOPTED: Ordinance authorizing the City Manager to apply for a Virginia Department ot Housing and Comrwnity Development Loan Fund Reservation re administration of the Indoor Plurrbing/Rehabilitation Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, Ill, Janies W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor WilliamD. Sessonr., Jr. Council Men-bers Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 ORDINANCE TO AUTHORIZE THE CITY MANAGER TO APPLY FOR 2 A VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 3 LOAN FUND RESERVATION FOR ADMINISTRATION OF THE 4 INDOOR PLUMBING/RERABILITATION PROGRAM 5 WHEREAS, the Commonwealth of Virginia has established the 6 Virginia Housing Partnership Fund to encourage the improvement of 7 housing opportunities for low income Virginians; and 8 WHEREAS, the virginia Department of Housing and Community 9 Development has authorized grants under this program to localities 10 to provide rehabilitation assistance to eligible citizens; and 11 WHEREAS, the virginia Department of Housing and Comiftunity 12 Development has issued a Request for Proposals for participation in 13 the Indoor Plumbing/Rehabilitation Program; and 14 WHEREAS, an application for such loan fund reservation 15 has been prepared by the Department of Housing and Neighborhood 16 Preservation; and 17 WHEREAS, the City of Virginia Beach agrees to administer 18 a program to provide such loans to eligible residents in 19 conformance with the regulations and guidelines of this State 20 housing program; 21 NOW, therefore, be it ordained that the Council of the 22 City of Virginia Beach authorizes the City Manager to apply for a 23 loan fund reservation for administration of the Indoor 24 Plumbing/Rehabilitation Program. 25 Adopted by the Council of the City of Virginia Beach on the 26 day of August, 1992. 27 APPROVED AS TO CONTENT APPROVED AS TO FORM 28 29 Marya I stick; Di@ctor ty Attorney 30 Housin Neighborhoo Preservation 31 g: \.,@.\jp-d.,Np.@\ind-,.@d - 19 - Item 111-G-3 CONSENT AGENDA ITEM # 35941 Upon motion by Counc i I man Jones, seconded by Counc i I man Moss, City Counc i I ADOPTED: Ordinance to APPROPRIATE $122,800 trom retained earnings to the Wahab Public Law Library Fund re purchase of materials and furniture. Voting: 10-0 Council Meffbers Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor WilliamD. Sessoms, Jr. Council Members Voting Nay: None Council Menbers Absent: Mayor Meyera E. Oberndorf I AN ORDINANCE TO APPROPRIATE $122,800 FROM RETAINED EARMINGS 2 TO THE WAHAB PUBLIC LAW LIBRARY FUND 3 FOR THE PURCHASE OF MATERIALS AND FURNITURE 4 WHEREAS, the Wahab Public Law Library of the Public Library Department 5 has not been able to house a collection large enough to meet all the need of 6 the Law Library patrons due space limitations, 7 WHEREAS, the Wahab Public Law Library will be relocating to larger 8 facilities in the new Judicial Center in April 1993; 9 WHEREAS, the Wahab Public Law Library requests that $122,800 be 10 appropriated from the law library fund balance to expand the coilection of the 11 law library, to purchase additional equipment, and to purchase furniture in 12 order to bring the law library in line with the City's area libraries and with 13 other law libraries in the areas of technology and resources for the public; 14 WHEREAS, the Wahab Public Law Library operates as a separate fund with 15 an fund balance in exceSB Of $122,800; 16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, that $122,800 be appropriated from the Law Library Fund Balance to the 18 Wahab Public Law Library to expand the collection of the law library and to 19 purchase additional equipment and furnishings. 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of August, 1992. 22 This ordinance shall be in effect form the date of its adoption. 23 First Reading 24 APPROVED AS TO CONTENT: APPROVED AS T(-'! 25 AL 26 Walter C. Kraemer @ir 27 Department of Managment & Budget - 20 - I tem I I I -G.4 CONSENT AGENDA ITEM # 35942 Upon motion by Coun ci I man Jones, seconded by Counc i I man Moss, City Counc i I ADOPTED: Ordinance to TRANSFER $300,000 to Sewer Project 6- 0008 Dozier's Bridge re preliminary engineering. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, Jarres W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Merrbers Voting Nay: None Council Menters Absent: Mayor Meyera E. Oberndorf I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF 2 $300,000 TO SEWER PROJECT 6-008 DOZIER'S BRIDGE 3 TO PROVIDE PRELIMINARY ENGINEERING FOR THE PROJECT 4 WHEREAS, the Sewer Project 6-008 Dozier's Bridge is included in the FY 1991-92 Capftal 5 Improvement Program at a total cost of $1,650,000 with design beginning in April 1994 and with a 6 construction ending in August 1996; 7 WHEREAS, the Dozier's Bridge service area has been designated a Class I heafth problem and 8 the 51 % request crfteria was met in 1992; 9 WHEREAS, the citizens within the service area desire that the project be expedited because of 10 failing septic tanks and a need to expand the day care facilities at the Mount Zion Church; I I WHEREAS, preliminary surveys, plans, and engineering with an estimated cost of $300,000 can 12 begin by September 1992 which may permit construction to be completed by September 1994; 13 WHEREAS, $300,000 is currently available for transfer in Sewer Project 6-928 Cavalier 14 North/Linkhorn Park due to savings generated from a competftive construction market with the balance 15 of $1,350,000 for sfte acquisition and construction to be programmed in the FY 1992-93 Capital 16 Improvement Program. 17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 1 8 VIRGINIA: That funds in the amount of $300,000 be transferred from Sewer Project 6-928 Cavalier/North 19 Linkhorn Park to Sewer Project 6-008 Dozier's Bridge to fund the preliminary engineering. 20 This ordinance shall be erffective on the date of ks adoption. 21 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 22 August 1992. 23 APPROVED AS TO CONTENT: l@ L 24 25 Wafter C. Kraemer, Jr. 26 Department of Management & Budget - 21 - Item Ill-G.5 CONSENT AGENDA ITEM # 35943 Upon rrotion by Coun ci I man Jones, seconded by Coun ciiman Moss, City Counc i I ADOPTED: Ordinance to TRANSFER $30,000 from the Seashore State Park Contribution to the Water Resource Recovery and the Sewer Line Fees Program for the Elderly and Handicapped. Voting: 10-0 Council Me@ers Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Merrbers Absent: Mayor Meyera E. Oberndorf AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $30,000.00 TO THE WATER RESOURCE RECOVERY AND THE SEWER LINE FEES PROGRAM FOR THE ELDERLY AND HANDICAPPED FROM THE SEASHORE STATE PARK CONTRIBUTION WHEREAS, the city of virginia Beach continues to assist qualified elderly and handicapped persons by providing resource recovery and line fees reduction, WHERFAS, in FY91-92 the program received 59 qualified applications totaling $71,203.95 in resource recovery and line fees reduction. WHEREAS, an additional $30,000.00 is needed above the available FY 1991-92 Operating Budget appropriations for resource recovery and line fees reduction in order to fully meet payments for all qualified elderly and handicapped persons, NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $30,000.00 be transferred from the Seashore State Park contribution appropriation to the Resource Recovery and Line Fees Reduction for the Elderly and Handicapped Program. This ordinance shall be effective as of June 30, 1992. Adopted the 11 day of August 1992, by the Council of the City of Virginia Beach, virginia. APPROVED AS TO CGNYMTI% SIGN "T L)rp - 22 - Item 111-G.6 CONSENT AGENDA ITEM # 35944 Upon motion by Counc i I man Jones, seconded by Coun cii man Moss, City Counc i I ADOPTED: Ordinance authorizing the City Manger to TRANSFER $50,000 from the Economic Development Investment Program to the City of Virginia Beach Development Authority re Unisys/Paramax on-line infrasture expansion. Voting: 10-0 Council Menibers Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor WilliamD. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO TRANSFER $50,000 FROM THE 3 ECONOMIC DEVELOPMENT INVESTMENT 4 PROGRAM TO THE CITY OF VIRGINIA 5 BEACH DEVELOPMENT AUTHORITY 6 WHEREAS, the City of Virginia Beach Development Authority 7 (the "Authority") was created pursuant to Chapter 643 of the Acts 8 of Assembly of 1964 (as amended) (the "Actsto); 9 WHEREAS, one of the primary purposes of the Authority as 10 set forth in the Acts is to "promote industry and develop trade by 11 inducing manufacturing, industrial, governmental and commercial 12 enterprises to locate in or remain in the [City] .... "; 13 WHEREAS, Unisys/Paramax operates a facility at 600 14 Lynnhaven Parkway in oceana West Industrial Park that employs 15 approximately 250 individuals with an annual payroll in excess of 16 $5,000,000. 17 WHEREAS, due to a need to expand and reconf igure its 18 office space, Unisys/Paramax strongly considered relocation of its 19 operations to a new facility in another city within the Hampton 20 Roads area; 21 WHEREAS, the Department of Economic Development, on 22 behalf of the Authority, has induced Unisys/Paramax to remain in 23 the City of Virginia Beach; 24 WHEREAS, the inducement included an agreement to provide 25 Unisys/Paramax $50,000 to underwrite a portion of the on-site 26 infrastructure costs for the expansion and reconfiguration of its 27 existing facility; 28 WHEREAS, funds are available in the Economic Development 29 Investment Program Account (Project 2-141) which was approved in 30 the FY 1990-91/1994-95 Capital Improvement Program to provide 31 infrastructure improvements on sites and along roadways to enhance 32 the economic viability of property; and 33 WHEREAS, at its regularly-scheduled meeting on July 21, 34 1992, the Authority, by a vote of 4-0 (with 3 members absent), 3 5 determined that provision of the aforementioned incentive to 36 Unisys/Paramax would serve a valid public purpose and would be in 37 furtherance of the purposes for which the Authority was created. 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 That the City Manager is hereby authorized to transfer 41 funds in the amount of $50,000 from the Economic Development 42 Investment Program Account to the City of Virginia Beach 43 Development Authority in FY 1992-93 to enable the Authority to 44 provide $50,000 to Unisys/Paramax to underwrite a portion of the 45 on-site infrastructure costs for the expansion and reconfiguration 46 of its office facility in the City of Virginia Beach. 47 Adopted by the Council of the City of Virginia Beach, 48 Virginia, on the I 1 day of August 1992. 49 CA-4746 50 ORDIN\NONCODE\UNISYS.ORD ON'IEI'4Tb 51 R-2 AIIIIROVED AS TO C DEPARTmE APPROVED AS TO LEGAL CIIY AFIO F, Y 2 - 23 - Item 111-G.7 CONSENT AGENDA ITEM # 35945 Upon mc)tion by Counc i I man Jones, seconded by Counc iiman Moss, City Counc i I ADOPTED: Ordinance to charge-ott $477,812.06 ot accounts receivable as uncollectible accounts as of June 30, 1992. Voting: 10-0 Council Merrbers Voting Aye: John A. Baum, Linwood 0. Branch, Ill, Jams W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessom , Jr. Council Menibers Voting Nay: None Council Merters Absent: Mayor Meyera E. Oberndorf AN ORDINANCE TO CHARGE-OFF DELINQUENT ACCOUNTS WHEREAS, it is standard accounting procedure to allow .'or a charge-off of uncollectible accounts, and WHEREAS, an earnest and diligent effort has been made by city departments to collect their overdue accounts, and WHEREAS, the @ollowing accounts which total $477,812-06 are deemed to be uncollectible: Public Utilities: FY86-87 Water Usage/ Sewer Maintenance Bills $222,450.00 FY87-88 Water Usage/ Sewer Maintenance Bills 233,515.00 Invoices for Services and Inspections 12,765.42 Public Works: Highways/Traffic 5,603.94 Police: False Alarms 1,700.00 Animal Control 838.58 Planning: 285.00 General Services: Telecommunications 20i.99 Printing and Distribution 52.13 Total Amount to be Charged-Off 12,06 NOTE: The individual invoices are available for City Council Review. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $477,812.06 of accounts receivable as represented above be charged-off as uncollectible accounts as of June 30, 1992. Adopted by the City Council of the City of Virginia Beach, Virginia on the 11 day of August 1992. City of Virginia Beach Municipal Center Virginia Beach, VA 23456-015 7 (804) 427-4445 John T. Atkinson TREASURER July 11, 1992 To: The Finance Department Subject: Uncollectable Invoices I am requesting that the City Council charge off the following Uncollectable Invoices in the Treasurer's Office: General Services ............................ 201.99 Police/Anirnal Control .................. 838.58 Police False Alarms .................... 1,700.00 Planning ......................................... 285.00 Printing & Distribution ................. 452.13 Public Works ............................... 2,746.87 Public Works Hwy . ..................... 2,857.07 Public Utilities .......................... 12,765.42 TOTAL ..................................... S21,847.06 The above are beyond Statute of Limitat' rel i. 0 asurer City of Virginia Beach INTER-OFFICE CORRESPOWENCE DATE: April 29, 1992 TO: Patricia A. Phillips DEPARTMENT: Finance FROM: w Clarence arnstaff DEPARTMENT: Public Utilities SUBJECT: Charae-off of Uncollectible Accounts The City's Internal Auditor has completed the audit of the collectibility of water and sewer utility accounts receivable from the Fiscal Years of 1986-87 and 1987-88. These uncollectible accounts are ready for Council-s consideration for write-off. The write-off for Fiscal Year 1986-87 is $222,450 and Fiscal Year 1987- 88 is $233,515. Please forward the write-off to City Council for their consideration. My staff and I will be available to provide you with any additional information or assistance to aid your office with the charge-off process. /keg Enclosures PC C. W. Walck, Public Utilities J. W. White, Internal Auditing N. E. Wallace, Law 1976.CW DEPARTMENT OF PUBLIC UTIL-ITIES MUNICIPAL CENTER i VIRGI.IA BEACH. VIRGIMIA 23451-9011 M E M 0 R A N D U M DATE: march 12, 1992 TO: Nianza Wallace DEPARTMENT: City Attorney FROM: John CarteL,@. DEPARTMENT: PU/Customer Service SUBJ: Write-off of Bad Debt - Fiscal Year 1986-1987 This memo will document some of the administrative procedures employed to collect accounts as follows: A. A check is made to determine if any customer security deposit exists that could be applied against the amount due. B. A check is made by comparison of names and social security numbers to determine if any final billed account can be transferred to an active account with the same customer at a different address. If the same customer has opened an account at another address, the outstanding balance is transferred. C. Two progressive computer generated collection notices are sent to the customer. In addition, a collection letter program provides notice to the customer of our intent to proceed with legal action. D. Legal action is commenced with the filing of a Warrant in Debt in the small claims or General District Court. In addition, the City Attorney's Office is provided with an Aged Trail Balance of year old accounts after the close of each fiscal year. E. The State's Set-Off Debt Collection Program continues to be utilized to recover an average of mcre than $50,000 annually from a customer's State Income Tax Refund. our collection notification procedures are a uniform process standard in the utility business. Yet, this Department enhanced that process in July of 1988 with a contihuous progressive collection letter and Warrant in Debt program. I would hope this info rmation is sufficient documentation for your office to proceed with a recommendation of the write-off of this Department's uncollectible debts for the fiscal year of 1986-1987. INTER-OFFICE CORRESPON-CENCE l@ Reply Refer To our File No. DF-3016 DATE: April 26, 1992 TO: John T. Carter DEPT, Public Utilities FROM, Nianza E. Wallace iii/* DEPT: City Attorney RE: Fiscal Years 1986-87 & 1987-88 Write Cffs I have reviewed the printouts provided by you of delinauent accounts for the above referenced fiscal years and the debt collection procedures taken by the Department of Public utilities /customer service Division for these delinquent water and sewer accounts. I have also reviewed the letters from Joanne W. Whi-te to rey V. Watts, Jr., dated September 13, 1991 i f c)r- Fiscal Year --mr.-Aub 1986-87 and to Mr. James K. Spore, dated April 6, 1992, for the Fiscal Year 1987-8a about those delinquent accounts . .Based on my review of procedures your staff has-taken, that you have utili-zed the State's set-off debt collection program whenever possible, and that addresses for aged delinquent accounts are difficult to obtain, I concur with Ms. White that the delinquent accounts billed during the fiscal year ending June 30, 10,87, amounting to $231,691:.12 and the fiscal year e-,id@-ng june 30, 1968, amountinq to $237,529-22 should be de--med uncollectible and written off. Ill I can provide any fur-@her information or assistance in this mal@ter, please do not hesitate -lo contact me. NEW/klp cc: Leslie L. Lillqv, City A-@torney C. W. Walck, Public Utilities/Customer Se--VIC-- .TERN.U @UD'NNG 302 2L-0 SMEET @8N) '37,8m @IRGi.l. BEIC'. 'IIAC@NIA 23@s, September 17, ',-991 Mr. Aubrey V. Watts, Jr. City Manager City of Virginia Beach Virginia Beach, VA 23456 Re: R91/92-1 Dear Mr. Watts: We have applied procedures to test the Public Utili-@ies Department accounts receivable billed during the fiscal year ended June 30, 1987. Public Utilities intends to seek Ci-ty Couhcil approval prior to June 30, 1992 to write off these delinaue.,it accounts. The 2,409 debit ba'lance accounts amount to $231,691.12. This total has been adjusted for three accounts in the amount of $221.67 which were paid. ou.r audit procedures included sending confirmation letters and second requests to a sample group cf 131 customers totalling $37,419.38, or 16.14% of the total. We received two payments, one account paid through the State Debt Set-off and six exceptions were submitted to Public utilities for follow-up. We were unable to obtain responses from the remainder of our sample group. in our opinicn, these accounts receivable billed durinu the fiscal year ended June 30, 1987 amounting to $231,691.12 shoui-d be written off.. Respectfully submitted, Joanne W. White Internal Audi-tor cc: Giles G. Dodd Bob Hayes Clarence Warnstaff Chris Walck John Carter P.bli. Utilit@.. - Se@,i@.. - R91/92-1 Acc ... t. R ... i@abl@ Billed D@ri@g Y/E 6/30/87 A.g.@t 1991 Co.'4rm.ti.@ St@i@i@ N=ber of Acc...ts A .. nt@ ------------ ------------- All Debit Balances Per Data Proces.ing Run 2,412 $231,912.79 N-ber of Customers ------------ Customers Selected for Confi=ation --------------------------------------------- Sample el.cted p.r IIA S-pli-g 'i ... al 109 $10,311.92 T-enty largest c.stam.r bal.nces ?o 26,908.76 Recognized custo..r. 2 198.70 ------------ ------------- T.Cal Confir.atia.s M.iled 131 $37,419.38 P.r.entag. of Total Debit B.lanc.@ 16.14Z Res.lts -f C-nfir..tion M.ili.g@ --------------------------------------------- Confi=ation of account recei@ed - paid thr.ugh Stte Debt Set-Of.- 1 $51.62 Confirmations of accounts recei@ed- checks enclosed 170.31 Undeli@erable letters ret.rned by Post Office 81 13,281.07 R.sp...es fro- c,,sto.ers 4.dicated questions or diffaren.es 4 2,210.02 Telephone respa.s.s from .,astomer. (lett.r- not @@t.r.ed) ind4---t;-ng diffe@nces 2 865.06 Letter. for hic.i no response as rece;,ed 41 20,841.30 ------------ ------------- 131 $37,419.38 S@ary f Res.Its of Confir@.t4-on Letters --------------------------------------------- Percent Amo..t ------------ ------------- Customers cont.cted and accounts pa;-d 0.59Z - 221.93 Custo.ers contacted and acco.nts disduted 8.227 3,075.08 Customers unable to contact 91.19Z 34,122.37 ------------ ------------- ioo.ooz $37,419.38 INTERN@L AUDITING 302 22-0 STREET (80@) .37.@868 April 6, 1 9 9 2 VIRGINI@ BEIC'. "I@G'@'A 2NSI Mr. James K. Spore City Manager city of virginia Beach municipal Center virginia Beach, Virginia 23456 RE: Public Utilities Bad Debt Write Offs Dear Mr. Spore: Public Utilities intends to seek City Council approval prior to June 30, 1992 to write off delinquent accounts receivable. The 2@',--42D @@debft balance accounts totalling $237,529.22 were billed during the fiscal year ended June 30, 1988 and Public Utili-ties deems them uncollectible. In previous years, we sent audit confirmation letters to a sampling of delinquent accounts receivable billed during the fisr-al years ended June 30, 1984, 1985, 1986 and 1987. As a result of C)ur tests, we concluded that the accounts were in fact uncollectible and should be written off. In early 1991, we reviewed and tested Public Utilities' system to collect accounts receivable (Audit R90/91 - 9). We sent audit confirmation letters to a sampling cf delinquent accounts which were billed during the twelve months ended March 31, 1991. As a result of our review and tests, we were satisfied that the system to collect accounts receivable is adequate. In determining the appropriateness of confirming receivables with individual customers before the acccunts are written off by Council, we consider all avail:@ble audit evidence. The objective of performing confirmation procedures is to obtain independent evidence from persons who are in a position to make informed representations. Confirmation procedures are used when suf@-icient internal evidence is not relevant and reliable and the cost of performing the procedures does not exceed the benefits. !s K. Spore 1992 Page Two We determined that audit confirmation letters sent to a sampling of the current group of delinquent accounts receivable billed during the fiscal year ended June 30, 1988 would not be cost effective-i In our opinion, based on our evaluation of Public Utilities' collection procedures and the results of our tests in prior years, these accounts receivable billed during the fiscal year ended lT2ne@@,-30,@,.@r@19&84 amounting to $237,529.22-@ should be submitted to Council for write off. Respectfully submitted, oanne W. white Internal Auditor iww/pwl cc: E. Dean Block Clarence Warnstaff Chris Walck /5 INTERNIL AUDITING 302 21@D STREET (80@) @3,-@868 VIRG .'A BE@CL. V RGINI@ 23151 NMMORANDUM TO: Rich Dunford, Finance Administration FROM: Joanne W. Whit., t -al Auditor DATE: July 8, 1992 SUBJ-ECT: FY 92 Uncollectible Invoices We have reviewed the list of uncollectible invoices totaling $29,259.62 submitted by the Treasurer. City departments were contacted to follow-up on any questionable charges. The attached summary indir-ates adjustments in the amount of $7,412.56. Therefore, we rccommend the indicated accounts with an adjusted total of $21,847.06 be submitted to Council for write-off. JWW.-jk Enclosure - 24 - Item 111-G.8.a. CONSENT AGENDA ITEM # 35946 Upon motion by Counc i I man Branch, seconded by Counc i I man Brazi er, City Counc ii ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's property known as public beach at 4600 Oceantront Avenue to R. G. MOORE and FRANCES R. MOORE re structural improvements (VIRGINIA BEACH BOROUGH). The tollowing 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 encroachrrent so as not to beconie unsightly or a hazard. 4. The owner must obtain a waterfront construction permit before any work may begin. Voting: 10-0 Council Merrbers Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Ses5orm, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndort 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORAR'F ENCROACHMENT 3 INTO A PORTION OF THE 4 CITY'S PP.OPERTY KNOWN AS 5 PIJBLIC BEACH AT 4600 6 OCEANFRONT AVENUE TO R, 7 G, MOORE AND FRANCES R. 8 MOORE, THEIR HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That pursuant to the authority and to the extent thereof 14 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 15 R. G. Moore and Frances R. Moore, their heirs, assigns and 16 successors in title are authorized to construct and maintain a 17 temporary encroachment into the City's property known as public 18 beach at 4600 Oceanfront Avenue. 19 That the temporary encroachment herein authorized is for 20 the purpose of constructing and maintaining an 8' X 81 wooden deck 21 with bench and stairs and that said encroachment shall be 22 constructed and maintained in accordance with the City of Virginia 23 Beach Public Works Department's specifications as to size, 24 alignment and location, and further that such temporary 25 encroachment is more particularly described as follows: 26 An area of encroachment into a 27 portion of the City's property known 28 as public beach at 4600 oceanfront 29 Avenue, on the certain plat 30 eiititled: " PLAN FOR DECK and STEPS 31 REPLACEMENT FOR LOT 9 AND THE 32 SOUTHERN 201 OF LOT 10 THE HOLLIES," 33 a copy of which is on file in the 34 Department of Public Works and to 35 which reference is made for a more 36 particular description. 37 PROVIDED, HOWEVER, that the temporary encroachment herein 38 authorized shall terminate upon notice by the City of Virginia 39 Beach to R. G. Moore and Frances R. Moore their heirs, assigns and 40 successors in title and that within thirty (30) days after such 41 notice is given, said encroachment shall be removed from the City' s 42 property known as public beach at 4600 Oceanfront Avenue and that 43 R. G. Moore and Frances R. Moore, their heirs, assigns and 44 successors in title shall bear all costs and expenses of such 45 removal. 46 AND, PROVIDED FURTHER, that it is expressly understood 47 and agreed that R. G. Moore and Frances R. Moore, their heirs, 48 assigns and successors in title shall indemnify and hold harmless 49 the City of Virginia Beach, its agents and employees from and 50 against all claims, damages, losses and expenses including 51 reasonable attorney's fees in case it shall be necessary to file or 52 defend an action arising out of the location or existence of such 53 encroachment. 54 AND, PROVIDED FURTHER, that the party of the second part 55 agrees to maintain said encroachment so as not to become unsightly 56 or a hazard. 57 AND, PROVIDED FURTHER, that this ordinance shall not be 58 in effect until such time that R. G. Moore and Frances R. Moore 59 execute an agreement with the City of Virginia Beach encompassing 60 the aforementioned provisions. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the 11 day of August 19 92 63 KL/tga 64 06/16/92 65 moore.ord 2 made this day of A-60:5 T- THIS AGREEMENT, 19@( , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and R. G. MOORE and FRANCES R. MOORE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: sed by the party of the That, WHEREAS, it is propo second part to construct and maintain an eight-foot by eight-foot wooden deck with bench and stairs in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such wooden deck with bench and stairs, it is necessary that the said party of the second part encroach into a portion of city property known as Oceanfront at 4600 Ocean Front Avenue; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such wooden deck with bench and stairs within a portion of the City's property known as oceanfront at 4600 ocean Front Avenue. 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 property known as oceanfront at 4600 ocean Front Avenue for the purpose of constructirig and maintaining such wooden deck with bench and stairs. it is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Cormnonwealth of Virginia and the City of Virginia Beach, and in* accordance with the City of virgini. Beach Public Works Department's specifications and approval as to size, aligrunent and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's property known as oceanfront at 4600 Ocean Front Avenue as shown on that certain plat entitled: "PLAN FOR DECK and STEPS REPLACEMENT FOR LOT 9 AND THE SOUTHERN 20' OF LOT 10 THE HOLLIES," 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 property known as oceanf ront at 4600 Ocean Front Avenue 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 2 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 second party must obtain an approved waterfront permit. 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 pending such removal, the party of the first part may charge the party of the second 3 part compensation f or the use of such portion of the City's right-of-way encroacned upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by oval shall not be the party of the second part; and if such rem ordered hereinabove by this Agreement, the made within the tinie 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 law for the compensation and penalties in any manner provided by collection of local or state taxes. IN WITNESS WHEREOF, R. G. MOORE and FRANCES R. MOORE, 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. CITY OF VIRGINIA BEACH By esignee of the City Manager (SEAL) ATTEST: City Cler 4 R. ore STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of 1 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 the day of 19 _, has acknowledged the same before me in my City and State aforesaid. 5 GIVEN under my hand this - day of 19-. lic my commission Expires: STATE OF VIRGINIA CITY OF VIRG I, a Notary Public u (JU in and for the City and State aforesaid, do hereby certify that are signed to the R. G. MOORE and FRANCES R. MOORE, whose names foregoing writing, bearing date the 3,4@ day of 194@, have acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19 ic My commission Expires: 6 T SITE SEE (IRID ts 8id N,,* LOCATION MAP FEB @OIF I ATLANTIC OCEAN OFFI,' EDGE OF WATER NOT A SUBDIVISION PROPOSED DECK A@ip STEPS moo :t til- AIIF S'CF- E,: -,!It AC REMAINING PORTION C4 C) LLJ OF LOT 10 @Z GPIN- LL) LJ 0 GPIN- 2 418- 9 37'-6 C) U) 10 (O OCEAN FRONT AVENUE (50') EXHIBIT "A" FEET GRAPHIC SCA PLAN DECK AND N E. SIRINE AND REPLACE URVEYORS-ENGINEEF FOR 317 BONNEY ROAD LOT 9 AP BEACH. VA. 234 SOUT@IERN 20' THE HOL A. BEACH BOROL)GI -VA. BEACff, V 5(,',iO8 - 25 - ltern iii-G-8-b- CONSENT AGENDA ITEM # 35947 Upon n)otion by Coun ci I man Jones, seconded by Counc i I man Moss, Ci tY Coun ci I ADOPTED: Ordinance to authorize a teffporary encroachment into a portion of the right-of-way of First Court Road to First Court Road, Inc., re maintaining existing sprinkler system (BAYSIDE 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 tree and harmless ot 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. 4. The owner agrees to submit as-built plans to the Highway Division, Department of Public Works. 5. The owner agrees to utilize well water only. 6. The owner agrees to maintain the turf and planting between the edge of paven)ent nd right-of-way boundary. Voting: 10-0 Council Menbers Voting Aye: John A. Baum, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Ses5om , Jr. Council Menibers Voting Nay: None Council Menbers Absent: Mayor Meyera E. Oberndort 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF FIRST 5 COURT ROAD TO FIRST COURT 6 ROAD, INC., ITS HEIRS, 7 ASSIGNS AND SUCCESSORS IN 8 TITLE 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That pursuant to the authority and to the extent thereof 12 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 13 FIRST COURT ROAD, INC., its heirs, assigns and successors in title 14 is authorized to construct and maintain a temporary encroachment 15 into the right-of-way of First Court Road. 16 That the temporary encroachment herein authorized is for 17 the purpose of maintaining an existing sprinkler system and that 18 said encroaclunent shall be maintained in accordance with the City 19 of Virginia Beach Public Works Department's specifications as to 20 size, alignment and location, and further that such temporary 21 encroachment is more particularly described as follows: 22 An area of encroachment into a 23 portion of the City's right-of-way 24 known as First Court Road, on the .25 certain plat entitled: 11 26 ENCROACHMENT PLAT SHOWING LOCATION 27 OF EXIST. SPRINKLER SYSTEM ALONG 28 FIRST COURT ROAD 9-30-91,11 a copy of 29 which is on file in the Department 30 of Public Works and to which 31 reference is made f or a more 32 particular description. 3 3 PROVIDED, HOWEVER, that the temporary encroachment herein 3 4 authorized shall terminate upon notice by the City of Virginia 35 Beach to any officer of First Court Road, Inc., itself, its heirs, 36 assigns and successors in title and that within thirty (30) days 37 after such notice is given, said encroachment shall be removed from 38 the City's right-of-way of First Court Road and that First Court 39 Road, Inc., its heirs, assigns and successors in title shall bear 40 all costs and expenses of such removal. 41 AND, PROVIDED FURTHER, that it is expressly understood 42 and agreed that First Court Road, Inc., its heirs, assigns and 43 successors in title shall indemnify and hold harmless the CitY Of 44 virginia Beach, i-ts agents and employees from and against all 45 claims, damages, losses and expenses including reasonable 46 attorney-s fees in case it shall be necessary to file or defend an 47 action arising out of the location or existence of such 48 encroachment. 49 AND, PROVIDED FURTHER, that the party of the second part 50 agrees to maintain said encroachment so as not to become unsightly 51 or a hazard. 52 AND, PROVIDED FURTHER, that this ordinance shall not be 53 in effect until such time that First Court Road, Inc. executes an 54 agreement with the city of Virginia Beach encompassing the 55 aforementioned provisions. 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the 11 day of ugust 19 92 58 KL/tga 59 0 5 /08/92 60 firstct.ord 2 12,1 71,000 C&-PS,4 HA VEN LET SITE LOCATION MAP ui 55- 8228 '65 5 3Y. 6i I I -l! -@ I I I / I I I ir - " a I I co i - I I ", @ : I- - - - Lioo-, n I 1-1 (i) p 0 f z l@ I I T'HIS AGREEMENT, made this day of 19 q@ by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a Municipal corporation, GRANTOR, party of the first part, and FIRST COURT ROAD, INC., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, GRANTEE. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to maintain an existing sprinkler system in the City of Virginia Beach; and WHEREAS, in maintaining such existing sprinkler system, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as First Court Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such existing sprinkler system within a portion of the City's right-of-way known as First Court Road. 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 right-of-way known as First Court Road for the purpose of constructing and maintaining such sprinkler system. 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 1 City of Virginia Beach, and in accordance with the City of virginia Beach Public Works Department's specifications and ii approval as to size, aligrunent 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 First Court Road as shown on that certain plat entitled: "ENCROACHMENT PLAT SHOWING LOCATION OF EXIST. SPRINKLER SYSTEM ALONG FIRST COURT RD. 9-30-91,11 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 encroachinent 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 First Court Road 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 reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of uch temporary encroachment. It is further expressly understood and agreed that s nothing herein contained shall be construed to enlarge such 2 permission, and authority to Permit the maintenance or cc)nstruction of any encroachinent other than that specified herein and to the limited xtent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other ii 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 submit and have approved a traffic cc)ntrol plan before c-encing work in the City's right-of-,ay. It is further expressly understood and agreed that the party of the second part agrees to submit as-built plans to the HigliwaY Division, Department of Public Works. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circu.Tnstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the CitY's right-of-way. It is further expressly understood and agreed that Prior to issuance of a Highway permit, the Party of the second ii part must Post a Performance Bond and show proof of' public 3 liability insurance o@ a minimum Of Three Hundred Thousand Dollars ($300,000.0o). It is further expressly understood and agreed that the party of the first part, upon revocation of such authority ana permission so granted, may remove any such encroachment and Icharge the cost thereof to the party of the second part, and i@ 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 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 ithe 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 FIRST COURT ROAD, 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 4 name and on its behalf by its City Manager and its seal be liereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By Des gnee of the City Manager (SEAL) ATTEST: 'tY Clerk FIR@ INC. Pres 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 I CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the - day of 1 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notar My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State afor,said, do hereby certify that RUTH HODGES SMITH, City Clerk fo, th, CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 1 19 _, has acknowledged the same before me in My City and State aforesaid. GIVEN under my hand this - day of 19 MY Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that esident, on behalf of FIRST COURT ROAD, INC. , whose name is signed to the foregoing writing, bearing date the @ day of lgql, has acknowledged the same before me in my City and State aforesaid. Given under MY hand 19@. MY Commission Expires: @-3-q 3 @PROVED AS TO CONTENT @E 0 6 DEPARTMENT 10 002 CORPO@TF RESOLUTION First Cou of rt Road, Inc. The undersigned Secretary does he@eby acknowledge th, authorization of the following; Jahn w. Summs @ President Ch-les F. Purrough8, jr. - Vice President & Treasure@ Ri@tiard C. B4rroughs - Vice President & Secretary Of the First COurt Road, Inc. P-ther, these Officer are empowered by the Article8 Of Incorporation and Bylaws os bind the Corporation in all 1fFirst COurt Rlad, Inc. to egal affairs. Witness th@ signature of the 8ecretary of First Court Road, Inc, as of the 14th day of july, 1992. - 26 - Item 111-G.8.c. CONSENT AGENDA ITEM # 35948 Upon motion by Counci iman Jones, seconded by Counci Iman Moss, City Counci I ADOPTED: Ordinance to authorize a tefrporary encroachment into a portion of the right-of-way of Old Kemspville Road to George R. and Phyllis T. Vaughan re maintaining existing fence (KEMPSVILLE BOROUGH). The following conditions shall be required: 1- The owner agrees to remove the encroachment when notif ied 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 encroachmnt. 3. The owner agrees to maintain Said encroachrrent so as not to become unsightly or a hazard. 4. The owner agrees to apply for a variance to the five (5) toot rear proerpty line setback along with a request to waive the required landscaping. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Meffbers Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF OLD 5 KEMPSVILLE ROAD TO GEORGE 6 B. VAUGHAN AND PHYLLIS T. 7 VAUGHAN, THEIR HEIRS, 8 ASSIGNS AND SUCCESSORS IN 9 TITLE 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That pursuant to the authority and to the extent there,f 13 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 14 George B. Vaughan and Phyllis T. Vaughan, their heirs, assigns and 15 successors in title are authorized to maintain a temporary 16 encroachment into the right-of-way of Old Kempsville Road. 17 That the temporary encroachment herein authorized is for 18 the purpose of maintaining a six-foot privacy fence and that said 19 encroachment shall be maintained in accordance with the City of 20 Virginia Beach Public WorkS Department's specifications as to size, 21 alignment and location, and further that such temporary 22 encroachment is more particularly described as follows: 23 An area of encroachment into a 24 portion of the City's right-of-way 25 known as Old Kempsville Road, on the 26 certain Plat entitled: "ENCROACHMENT 27 PLAT EXISTING 6 FT. PRIVACY FENCE IN 28 RIGHT OF WAY OF OLD KEMPSVILLE ROAD 29 4-3-92," a copy of which is on fil, 30 in the Department of Public Works 31 and to which reference is made for a 32 more Particular description. 33 PROVIDED, HOWEVER, that the temporary encroachment herei, 34 authorized shall terminate upon notice by the City of Virginia 35 Beach to George B. Vaughan and Phyllis T. Vaughan, their heirs, 36 assigns and successors in title and that within thirty (30) days 37 after such notice is given, said encroachment shall be r,m,ved from 38 the City's right-of-way of Old Kempsville Road and that George B. 9 Vaughan and Phyllis T. Vaughan, their heirs, assigns and successors 0 in title shall bear all costs and expenses of such removal. 41 AND, PROVIDED FURTHER, that it is expressly understood 42 and agreed that George B. Vaughan and PilYllis T. Vaughan, their 43 heirs, assigns and successors in title shall indemnify and hold 44 harmless the CitY of Virginia Beach, its agents and employees from 45 and against all claims, damages, losses and expenses including 46 reasonable attorney's fees in case it shall be necessary to file or 47 defend an action arising out of the location or existence of such 48 encroachment. 49 AND, PROVIDED FURTHER, that George B. Vaughan and Phyllis 50 T. Vaughan agree to maintain said encroachment so as not to become 51 unsightly or a hazard. 52 AND, PROVIDED FURTHER, that tliis ordinance shall not be 53 in effect until such time that George B. Vaughan and Phyllis T. 54 Vaughan execute an agreement with the City of Virginia Beach 55 encompassing the aforementioned provisions. 56 Adapted by the Council of the City of Virginia Beach, 57 Virginia, on the 11 day of August 92 19 58 RKL/tga 59 07/07/92 60 vaughan.ord (AFPROVED AS,TO CON-fENr DEPARTMENT I @, -@ I (i I p... i u.i ... I I LOCATION MAP 0 Cl) LU o lota :@0c)'D THIS AGREEMENT, made thi, F@-day of 19 C?Z, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and GEORGE B. VAUGHAN, JR. AND PHYLLIS T. VAUGHAN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Party of the second Part, even though more than one, Grantee. I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to maintain an existing six foot privacy fence in the City of Virginia Beach; and ' WHEREAS, in maintaining such six foot privacy fence, it is necessary that the sai-d party of the second part encroach into a portion of an existing CitY right-of-way known as Old Kempsville Road; and said party of the second part has requested that the party of the first part grant a temporary encroachrnent to facilitate such six foot privacy fence within a portion of the City's right-of-way known as old Kempsville Road. NOW, THEREFORE, for and in conside,ation 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 right-of-way known as Old Kempsville Road for the purpose of constructing and maintaining such six foot privacy fence. It is expressly understood and agreed that such tomporarY encroachment will be colstructed and maintai,od 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 Old Kempsville Road as shown on that certain Plat entitled: 'IFNCROACHMENT PLAT EXISTING 6 FT. PRIVACY FENCE IN RIGHT OF WAY OF OLD KEMPSVILLE ROAD 4-3-92,11 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 fr,, the City's right-of-way known as old Kempsville Road by the party of the second part; and that the party of the second part sha-Ii 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 reasonable attorney's fees in case it shall be necessary to file 2 ,Dr defend an action arising Out of the location or exist,nce of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be cc)nstrued 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 expre'ssly 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 the Development services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed th,t if this request to encroacb is approved, the party of the Second part must apply for a variance to the five (5) foot rear property line setback along with a request to waive the required landscaping. 3 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 ollection 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 i-ight-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 sball impose a penalty in tbe swn of one Hundred Dollars ($100-00) per day for each and every day that such encroacbment 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, George B. Vaughan, Jr. and Phyllis T. Vaughan, 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. 4 CITY OF VIRGINIA BEACH By (SEAL) ATTEST: City Manager/Authorized Designee of the City Manager City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~O~{G PHY?.~ T. VAU~HAN · a Notary Public in and for the City and State aforesaid, do hereby certify that · CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO STATE SECTION CODE, whose name is signed to the foregoing date on the day of -- , 19__ the same before me 19 2-154 OF THE CITY Agreement bearing · has acknowledged in my City and State aforesaid. GIVEN under my hand this day of My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH· to-wit: I, in and for the City and State aforesaid, 5 Notary Public · a Notary Public 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 the _ day of 1 19 _, has acknowledged the same before me in my City and state aforesaid. GIVEN under my hand this _ day of 19-. MY commission Expires: otary STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, !i a Notary Public in and for the City and State aforesaid, do hereby certify that George B. Vaughan, Jr. and Phyllis T. Vaughan, whose names are signed to the foregoing writing, bearing date the I'V4-1/2 day of 119617-, have acknowledged the same before Me in my City and State aforesaid. Given under my hand this itib day of 19 My Commission Expires: ARPROVED AS 'jo Co@iiE@,:I"i@ 6 - 27 - Item I I I -H. PUBLIC HEARING ITEM # 35949 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT 1. (a) SOL W. COHEN STREET CLOSURE (b) WHITT SESSOMS, ill STREET CLOSURE (c) THE CHURCH OF ST. GREGORY THE GREAT CONDITIONAL USE PERMIT (d) INDIAN RIVER GOLFORMA, INC. CONDTIONAL USE PERMIT (e) JOSEPH PREZIOTTI, JR., CONDITIONAL CHANGE OF ZONING DESIGN GRAPHICS, INC. PLANNING - RECONSIDERATION 2. (a) THE MOST REVEREND WALTER F. SULLIVAN RECONSIDERATION OF CONDITION Bishop of the Diocese of Richmond (Appoved April 28, 1992) PLANNING 3. (a) VIRGINIA BEACH MARLIN CLUB, INC. STREET CLOSURE and WALTER CASON BARCO (b) HERMAN, INC. STREET CLOSURE (c) CHRISTOPHER ULMAN/EAST-WEST CONDITIONAL USE PERMIT FOREIGN CAR SERVICE, INC. (d) ALOT CORPORATION VARIANCE 28 - Item PUBLIC HEARING ITEM # 35950 PLANNING BY CONSENT Upon motion by Counci Iman Baum, seconded by Counci lman Brazier, City Counci I APPROVED in ONE MOTION Items 1.1. a, b, c and d of the PLANNING BY CONSENT AGENDA. Item e was pulled for a separate motion. Voting: 10-0 Council Menters Voting Aye: John A. Baum, Linwood 0. Branch, 111, JamLs W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.* Council Merters Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndort *Vice Mayor Sessoms ABSTAINED On Item I.b. and DISCLOSED Whitt G. Sessoms, ill, is his cousin. 29 - Item PUBLIC HEARING ITEM # 35951 PLANNING BY CONSENT Upon motion by Counci Iman Baum, seconded by Counci lman Brazier, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application ot SOL W. COHEN for the discontinuance, closure and abandonmnt of a portion of Croatan Road. Petition of Sol W. Cohen for the discontinuance, closure and abandonf%nt of a portion of Croatan Road located at the northwest intersection of Croatan Road and General Booth Boulevard. The parcel contains 17,824 square feet. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, Jams W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Pau I J. Lante i gne, John D. Moss, Nancy K. Parker and Vice Mayor Wi I I i am D. Sessoms, Jr. Counc! 1 Menbers Vot ing Nay; None Council Merrbers Absent; Mayor Meyera E. Oberndort ORD'NANCE NO.: A OAD NIA ]A'[' c TAN OF OF WIIEREAS, it appearing by affidavit that p giveli by SOL W. Col, -N roper notice has been E "Cohen") a Virg-inia general Part,ers,@ip, tliat lie woul-d make application to the council of Virginia i3@,ci,, the ci ty C)f Virginia, on September 2.1 1987, to have the Portioll Of the liereinafter described -treet, discontinued, and vacated; and 110-.d, "EREAS, Cohe- ha,, loluntarily proffered in writing at3 part of related to tlie p y ical d an n tions tile St-reet CIOSL,re application lertairi coven t, a d c ondi h s evelopment, and use of the Portion Of tlle Street to be closed, tile need for which is generated by guch closure; and IIHEREAS, it is the Judgment'@loflthe Council that the Portion' of @lie said slreet be discontinued, closed, and vacat,d; NOW, THEREFORE, T BE IT ORDAINED by the council of the CitY of Virginia Beach, Virgiiiia, Lhat th, hereinafter described street be discontinued, closed, alid vacat,d: ALL, THAT Portion area OF c PORT part SUB,TECT To, that certain Agreement of covenants and conditj'-ons dated January 6, 1992 . and re-corded in the Clerk's Office coliteiiiporaneously herewi'th. A certified c(:)py C)f this Ordinance shall be filed in th, Office of the Circuit COurt of the).City of Virginia Beach, indexed in tlie name of the CitY of Virginia Beach, as grantor. in Adopted by the Council of the City of Virginia Beach, virginia, this 11 day of August , 1992. AUTHORIZED FINAL APPROVAL: August 11, 1992 SOL W. COHEN BESSIE M. COHEN TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a Municipal Corporation of the Comrnonwealth of Virginia THIS AGREEMENT, made this day of 1992, between SOL W. COHEN and BESSIE M. COHEN, (th. "Gran osfl and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (hereinafter referred to as the "Granteell); WITNESSETH THAT WHEREAS, the Grantor has initiated the closure of a portion of Croatan Road (the "Street") described on that certain plat (the "Plat") entitled "Plat Showing Portion of Croatan Road Vacated By The City of Va. Beach And Portion of Sol W. Cohen To Be Dedicated To The City of Va. Beach Lynnhaven Borough Va. Beach" to be recorded simultaneously herewith; and WHEREAS, the Grantor acknowledges that in order to prevent incompatible land use, certain reasonable conditions governing the use of the area of the Street to be closed, (the "Property"), in addition to the regulations generally applicable to land similarly zoned are required to address certain problems which may arise from the partial closure of the Street; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a condition of the ordinance closing a portion of the street certain reasonable conditions related to the physical development and use of the Property to be adopted as a part of ordinance partially closing the Street; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the ordinance partially closing the Street, such conditions shall continue in full force and effect until amended by a subsequent ordinance recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, virginia. NOW, THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for the partial closure of the Street, hereby makes the following declaration of conditions and restrictions as to the physical development and use of the Property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. All that certain portion of the Property designated as "Buffer Area" on the Plat shall be used only for landscaping and the preservation of existing trees. No buildings or other improvements shall be constructed in the Buffer Area. -2- 2. All that certain portion of the Property designated as "Set Back Area', on the Plat shall only be used for landscaping and the preservation of existing trees except that driveways may be located in the Set Back Area adjacent to the eastern property line if they otherwise conform to all zoning regulations. 3. There shall be no ingress or egress through the Buffer Area to General Booth Boulevard or the Set Back area adjacent to the southern property line of the Property to Croatan Road. 4. Grantor shall record an instrument quit claiming any interest in Lots 13 and 14 as shown on the plat of Rudee Heights recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach, virginia in Map Book 24 at Page 3 7 . 5. Grantor shall deliver a quit claim deed to the Grantee conveying Grantor's interest in the unclosed portion of the Street. The Grantor covenants and agrees that 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 insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate -3- action, suit or proceedings. The failure to comply with all conditions shall constitute cause to deny the issuance of the required building or occupancy permits as may be appropriate. if aggrieved by any decision of the Zoning Administrator inade pursuant to the provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court. Appropriate symbols inay be noted on the zoning mav to ind4-cal-e the existeiice of conditions attaching to the Property. 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 may be recorded in the above Clerk's Office and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and qeals. @ 14 1 id@-(SEAL) SOL W. COHEN BESSIE M. COHEN STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I , @hPj @b @ @ C 'p4@po_ -, the undersigned, a Notary Public in and for tle City and State aforesaid, do hereby certify that SOL W. COHEN and BESSIE M. COHEN, whose nam@s are signed to the foregoing instrument bearing date on the (@@ day of 1992, have acknowledged the same before me in my 'C-')ty and S ate aforesaid. -4- GIVEN under my hand and seal this day of 1992. my Commission expires: otary Plbli-c CMS01021/rsf/REL -5- THIS QUITCLAIM DEED, made this 9th day of April, 1992, by and between Sol W. COHEN and Bessie M. COHEN, husband and wife, "GRANTORS"; and James W. BATCHELER and Pearl H. BATCHELER, husband and wife, "GR-ANTEES", whose address is 608 General Booth Blvd., Virginia Beach, Virginia, 23451. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby quitclaim and release to the Grantees, as tenants by the entireties with the right of sur-vivorship as at conunon law, the interest of the Grantors, if any, in the following described property. to-wit: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of virginia Beach (formerly Princess Anne County), Virginia, known and numbered as Lot 13, Block H, as designated on a certain plat entitled "Re-Subdivision Western End of Rudee Heights", made by S. W. Armistead, C.E., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County", Virginia, in Map Book 26, at Page 56. This conveyance is made subject to such reservations, covenants, conditions, easements and restrictions, if any, duly of record and constituting constrictive notice. WITNESS the following signatures and seals: GPIN 2426-19-3406-0000 Sol W. Cohen Bessie M. Cohen STATE OF VIRGINIA CITY OF VIRGINIA BEACH I a Notary Public in and for the City and State aforesaid do hereby certify that Sol W. Cohen and Bessie M. Cohen, husband and wife whose names are signed to the fore rument, have ackn@wledged same before me this 1;1-@ day of,zli-)7Lg 1992, in the City and State aforesaid. pwc My Commission Expires:C)/,@, Notary ic DEED THIS QUITCLAIM DEED, made this 9th day of April, 1992, by and between Sol W. COHEN and Bessie M. COHEN, husband and wife, "GRANTORS"; and Charles R. DEFORAS, "GRANTEE", whose address is 558 Southside Road, Virginia Beach, Virginia, 23451. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby quitclaim and release to the Grantee the interest of the Grantors, if any, in the following described property. to-wit: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of virginia Beach, Virginia, known as Lot A, Block "HII, as shown on a certain plat entitled "Plat of Rudee Heights, Princess Anne County, Virginia,,, made by S. W. Armistead, C.E., dated October 1954, recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page 15. This conveyance is made subject to such reservations, covenants, conditions, easements and restrictions, if any, duly of record and constituting constrictive notice. WITNESS the following signatures and seals: GPIN 2426-19-3483-0000 Sol W.-Cohen Bessie M. Cohen STATE OF VIRGINIA CITY OF VIRGINIA BEACH I a Notary Public in and for the City and State aforesaid do hereby certify that Sol W. Cohen and Bessie M. Cohen, husband and wife, whose names are signed to,, s %Pydforegqing- instrument, have acknowledged same before me thi yof 1992, iii the City and State aforesaid. -1 - my Commission Expires: Not4ry !P blic DEED THIS QUITCLAIN DEED, made this 9th day of April, 1992, by and between Sol W. COHEN and Bessie M. COHEN, husband and wife, "GRANTORS"; and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Conunonwealth of Virginia, "GRANTEE", whose address is Municipal Center, Virginia Beach, Virginia, 23456. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby quitclaim and release to the Grantee the interest of the Grantors, if any, in the following described property, to-wit: All that certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, virginia, and designated as the shaded area "Denotes Area Dedicated To The City Of Virginia Beach For Right-Of-Way Purposes. Area = 6,951 Sq. Ft. 0.160 AC." on that certain plat entitled "Plat Showing Portion Of Croatan Road Vacated By The City Of Va. Beach And Portion Of Property And Of Sol W. Cohen To Be Dedicated To The City Of Va. Beach Lynnhaven Borough Va. Beach, virginia", prepared by Gallup Surveyors & Engineers, Ltd., dated September 19, 1990, revised June 7, 1991, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, virginia in Map Book at page_. This conveyance is made subject to such reservations, covenants, conditions, easements and restrictions, if any, duly of record and constituting constrictive notice. WITNESS the following signatures and seals: GPIN Bessie M. Cohen STATE OF VIRGINIA CITY OF VIRGINIA BEACH I a Notary Public in and for the City and State aforesaid do hereby certify that Sol W. Cohen and Bessie M. Cohen, husband and wife, whose names are signed to fore nt, have acknowledged same before me this 14oday o 92, in the city and State aforesaid. My Commission Expires: 0 C0.14TENT ENT A PORRION OF CROARAAI ROAD IVAS AIPROVET) FOR sTREEr cLosuRE sr c/rr COUNCIL OIV % 1811-u PLAT OF RUDEE HEIGHTS BLOCK H 5 14@ M.B 26 P f@l; $ 17 GPIN Z426- 19- 2376 FOR 11,2 PARCEL A U 3, 12 P 65 STARES TIYIS IS PROPERTY LINE LANDSCAPE EASE.ENT BERWEEN RUDEE HrS a SUNI?ISE DEVEL. CORP TO BE OEOICATED TOME I BOUNVAHY L l@IE Or @ll(IIE ?ITS. AS f'ER M,B 21 ;@ 56 7 ANI, FIELP SIUIEY. 11,01 .y NOTE: ACCESS rO PAICEL A EAIAIN FROM EASTERN -Off'FY LINE M CROATAN ROAD OATAN ROAD (80'RIGHT-OF-WAY) tl 74'46'00"W (MP P37? IIIIWN 37 HEIE8' @',@I'TEII e w malt L -IIE,@OTI, AIEA DEVICATEt' TI IIIE CITI --,, 11,11"A L@EACH F(,, "I.I@, "r VII l'IRP(ISE'. AREA = 6,951 51, 11. 0.160 AC WE, D @ENOTES IORTION OF CROATAN R040 IAI'TEI BY THE CITY OF A BEACII Development SeNices Center PLAr SHOWING PORTION OF CROATAN ROAD IACATED 81 T@IE CJTY OF VA. BEACH ANO PORTION OF PROPERTY OF SOL W COPIE, M eE DEDICATED M TtlE CITI OF IA BEICII IIIS I'IAT I)OFS NOI CONS11101E A StinDIVISION LYNNIIAVEN BL)ROUGli VA. BEACH, VIRGINIA SCALE ; I 40' SEPT. /@, 1990 REV APRIL 29,1991 1 =40 40 0 10 10 RE V JIIIVE 7, 1991 REV OCT 2, 1991 G.1l.p S@,@y.,. & Ltd, 3@ 5 F,,'l C.I.@i.1 R..d VIRGIN A BEACH, VIRGINI@ 23454 m @w Ph... 428-8132 10 Li ui "65 - 30 - Item 111-H.l.b. PUBLIC HEARING ITEM # 35952 PLANNING BY CONSENT Upon motion by Counc i I man Baum, seconded by Coun ci I man Brazi er, City Coun ci I AUTHORIZED FINAL APPROVAL of an Ordinance upon application of WHITT SESSOMS Ill for the discont inu ance, closure an d ab an donrrient of a portion of a f if teen (15)-toot alley. Ord i nance upon app Ii cation of Whitt Sessoms, Ill for the discontinuance, closure and abandonment ot a portion of a 15-foot alley adjacent to Lots 4, 5, 16 and 17, Block 20, Croatan Beach Said al [ey contains 1,500 square feet. LYNNHAVEN BOROUGH. A N D, Ordinance to APPROPRIATE $12,750 as proceeds from the sale ot street closure to CIP Project #2-052 Public Beach Iff4)rovements for the purpose of acquiring additional public access to Croatan Beach. Voting: 9-0 Council Mernbers Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss and Nancy K. Parker Council Merrbers Voting Nay: None Council Menbers Abstaining: Vice Mayor William D. Sessonis, Jr. Council Megbers Absent: Mayor Meyera E. Oberndort Vice Mayor Sessoms ABSTAINED on Item I.b- and DISCLOSED Whitt G. Sessoms, is his cousin. CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION PATRICK HAND, et ux., et al. LISA A@,@et vir., et al- LARRY AYRES, et -., et al. PRISCILLA AYRES, et vir., et al. AN ORDINANCE VACATING AND DISCONTINUING PORTIONS OF A 15' ALLEY IN LYNNHAVEN BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, WHITT G. SESSOMS, III, Contract Purchaser, to be presented to the City Council of the city of virginia Beach, virginia, on the 26th day of May, 1992, for the vacation of the portions of the hereinafter described alley in the City of Virginia Beach, virginia, was on the 9th day of May, 1992, and on the 16th day of may, 1992, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City Of Virginia Beach, virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of portions of the alley in Croatan Beach; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, virginia, on the 26th day of May, 1992, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, virginia, on the 26th day of May, 1992, appointed Robert J. Scott I David M. Grochmal I and Ralph A. Smith I as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same and said viewers have made such report to the City Council of the City of virginia Beach, virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the portions of the alley proposed to be vacated, it is the judgment of the City @a,t @@ GROVF,Yl . Flh@ll't , ,.the City of virginia Beach, virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portions of said alley, and that the portions of said alley should be vacated and discontinued; and NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Virginia Beach, virginia 1. That the following portions of an alley in Croatan Beach, in the Borough of Lynnhaven, in the City of virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situated, lying and being in Lynnhaven Borough, in the City of virginia Beach, State of virginia, being those portions of a 151 alley designated on that certain plat made by Gallup Surveyors and Engineers, Ltd. , dated April 21, 1992, entitled "Street Closure Plat 151 Alley Adjacent to Lots 4, 5, 16 and 17, Block 20, Croatan Beach, Lynnhaven Borough, Va. Beach, virginia, " which plat is attached hereto and made a part hereof and is to be recorded simultaneously herewith, reference to which is hereby made for a more particular description of said property. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, virginia, as grantor, and in the name of Patrick Hand and Lisa Hand, husband and wife, with survivorship, as grantees, at to Lots 4 and 16, they now being the record owners of said lots, and Larry Ayres and Priscilla Ayres, husband and wife, with survivorship, as grantees, as to Lots 5 and 17, they now being the record owners of said lots, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicants. 3. This Ordinance shall be effective on the date of its passage. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, virginia, at its regular meeting held on the day of 1 1992. APPROVED AS TO LEGAL SUFFICIENCY TESTE: RUTH HODGES SMITH, CITY CLERK City Attorney B City Clerk GPIN NOS. 2426-38-8778 and 2426-38-9797 OVED AS TO CONTENTS 2 r @al Estate AUTHORIZED FINAL APPROVAL: August 11, 1992 IN THE MATTER OF THE APPLICATION OF WHITT G. SESSOMS, III, CONTRACT PURCHASER, FOR THE CLOSURE, VACATION AND DISCONTINUANCE OF PORTIONS OF A 15' ALLEY IN LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA PETITION To: The City Council of the city of virginia Beach, virginia Beach, Virginia Your petitioner, the applicant, Whitt G. Sessoms, III, is contract purchaser of Lots 4, 5, 16 and 17, Block 20, Plat of Croatan Beach, Lynnhaven Borough, Virginia Beach, Virginia, which is all of the property abutting the hereinafter described portions of a 15- alley to be closed, hereby applies for the vacation closing and discontinuance of those portions of a 151 alley adjacent to said lots on that certain sur-vey made by GalluP Surveyors and Enqineers, Ltd., dated April 21, 1992, entitled, "Street Closure Plat 15' Alley Adjacent to Lots 4, 5, 16 and 17, Block 20, Croatan Beach, Lynnhaven Borough, va. Beach, virginia." Your petitioner and applicant alleges that no inconvenience will result to the public by reason of said closure and asks that Council appoint viewers as provided by law to view the said portions of a 151 alley sought to be closed and report in writing to the Council as to whether in the opinion of the viewers what inconvenience, if any would result from the discontinuance and closure as herein sought, at which time the petitioners will ask for passage of an ordinance vacating the portions of a 151 alley sought to be closed herein. on May 9, 1992, and on May 16, 1992, notice of intention to apply for such vacation to the Council was published as required by law in THE VIRGINIAN-PILOT, a newspaper published or generally circulated in Virginia Beach, Virginia. Respectfully submitted, Whitt G. Sessoms, III, Contract Purchaser right, Jr@ GROVER C. W802 Pavili( Cen@ @, W6f'$%'rks venide@l/- 234 STALLINGS AND RICHARDSON, P. C. ATTORNEYS AND COUNSELLORS AT LAW 2101 PARKSAVENUE PAVILIONCENTERSUITESOI P@ 0. BOX 1687 MOODY E. STALLINGS. JR. VIRGINIA BEACH, VIRGINIA 23451 TELEPHONE (804) 422-4700 JOHN W. RICHARDSON July 13, 1992 - GREGORY KIM PUGH FACSIMILE (804) 422-3320 FILE NO. HAND-DELIVERED David Hay, Esquire JUL City Attorney's Office Municipal Center Virginia Beach, Virginia 23456 Re: Certificate of Title our File No. 8811 DESCRIPTION: Portion of a Fifteen Foot Alley running between Lot Nos. 4 & 5 in Block No. Twenty (20) on the map entitled "Chautauqua by the Seal', recorded in Map Book 1, at page 1B, and Lot Nos. 16 & 17 in Block Twenty (20) on the plat of "Croatan Beach", recorded in Map Book 24, at page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; reference to which is hereby made. Dear Mr. Hay: After reviewing the recorded instruments pertinent to the captioned property, I have altered my opinion with regard to the title to the fee in the alley described hereinabove. It is my opinion that the adjoining property owners acquired title by the City's closure of the alley as adjacent landowners, and not by acquisition of the fee simple interest in the street from a third party. It therefore appears to us that the fee in the streets is owned by the City of Virginia Beach, and that direct purchase thereof from the City will vest title in the adjacent landowners, since the alley has already been closed. Many thanks. n JWR/pho cc: Grover C. Wrig Esquire C\j .71 cn U) ,u cn 05 I AN ORDINANCE TO APPROPRIATE $12,750 2 AS PROCEEDS FROM SALE OF STREET CLOSURE 3 TO CIP PROJECT #2-052 PUBLIC BEACH 4 IMPROVEMENTS FOR THE PURPOSE OF ACQUIRING 5 ADDITIONAL PUBLIC ACCESS TO CROATAN BEACH 6 WHEREAS, it is debirable to provide additional public access to beaches 7 for Virginia Beach rebidents and visitors; 8 WHEREAS, a condition of Application #7646 for discontinuance, closure, and 9 abandonment of a portion of a 15-foot alley adjacent to LOTB 4, 5, 16, and 17, 10 Block 20, Croatan Beach, requires all funds generated from thib purchabe shall 11 be UBed to purchase additional access to the beach in the Croatan area; 12 WHEREAS, the amount of funds generated from this purchase is $12,750 as 13 determined by the "Policy Regarding Purchase of City's Interest in Streets 14 Pursuant to Street Closures"; 15 WHEREAS, additional points of accesb to public beaches are acquired through 16 CIP Project #2-052 Public Beach Improvements. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 18 VIRGINIA, that funds in the amount of $12,750 generated from the sale of the 19 aforementioned street closure be appropriated to CIP Project #2-052 Public Beach 20 Improvements for the purpose of acquiring public access to Croatan Beach; 21 BE IT FURTHER ORDAINED, that this appropriation be offset with a 22 corresponding increase in estimated revenues. 23 This ordinance Bhall be in effect from the date of its adoption. 24 Adopted the 11 day of August , 1992, by the Council of the City of 25 Virginia Beach, Virginia. APPROVED AS TO CONTENT Walter C. @e-er, Jr. Deputy Director Department of Management and Budget - 31 - Item 111-H.I.c. PUBLIC HEARING ITEM # 35953 PLANNING BY CONSENT Upon motion by Counci Iman Baum, seconded by Counci Iman Brazier, City Counci I ADOPTED an Ord i nance upon app I i cat i on ot THE CHURCH OF ST. GREGORY THE GREAT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CHURCH OF ST. GREGORY THE GREAT FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R08921369 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Church of St. Gregory The Great for a Conditional Use Permit for a church expansion on certain property located at 5345 Virginia Beach Boulevard. Said parcel contains 16.3 acres. BAYSIDE BOROUGH. This Ordinance shal I be effective in accordance with Section 107 (f) ot the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of August, Nineteen Hundred and Ninety-Two. Voting: 10-0 Council MeiTbers Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Merrbers Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndort - 32 - Item 111-H.l.c. PUBLIC HEARING ITEM # 35954 PLANNING BY CONSENT Upon motion by Counci lman Baum, seconded by Counci Iman Brazier, City Counci I ADOPTED an Ordinance upon appl ication of INDIAN RIVER GOLFORAMA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF INDIAN RIVER GOLFORAMA, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (MINI- GOLF) R08921370 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ot Indian River Goltorama, Inc. for a Conditional Use Permit for a recreational faci I ity ot an outdoor nature (mini- golf ) on the east side of South Mi I itary Highway, 930 feet more or less south of Indian River Road. Said parcel is located at 920 South Military Highway and contains 18.5 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The applicant rrust obtain a variance from the Board of Zoning Appeals tor the range barrier netting which lies outside of the previously approved area, which exceeds the maximum allowed fence height as per Section 201(e) (1) of the City Zoning Ordinance. 2. The facility will close by 11 P.M. The OWNER OR LEGAL REPRESENTATIVE ot the Owner, has reviewed the conditions tor APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance With Section 107 (t) ot the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of August, Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Menters Voting Aye: John A. Baum, Linwood 0. Branch, 111, Jams W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndort STATEMENT OF CONSENT APPLICANT: INDIAN RIVER GOLFORAMA, INC. APPLICATION: Conditional Use Permit - 920 South Military Highway (Kempsville Borough) DESCRIPTION: recreational facility ot an outdoor nature (mini-golf) CITY COUNCIL SESSION: August 11, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. The applicant must obtain a variance from the Board of Zoning Appeals for the range barrier netting which lies outside of the previously approved area, which exceeds the maximum allowed tence height as per Section 201(e)(1) of the City Zoning Ordinance. 2. The facility will close by 11 PM. Owner By: 0 AtTo-@@Mg .ent Date: 11 August 1992 - 33 - Item 111-H.I.d. PUBLIC HEARING ITEM # 35955 PLANNING BY CONSENT Joseph Preziotti, Jr., Post Ottice Box 6732, Portsmouth, Phone: 484-4189, Planning Consultant, representing the applicant. Thomas Tye, 6062 Indian River Road, Suite 104, Phone: 424-4125, the property owner. Mr. Tye has advised he had worked with Mr. Preziotti for more than two years to tind an acceptable way to have this property conform with the City's Comprehensive Plan. When the property is developed, a 66-toot right-ot-way will be improved and dedicated. Upon motion by Counci Iman Dean, seconded by Counci lman Baum, City Counci I ADOPTED an Ordinance upon application of JOSEPH PREZIOTTI, JR., DESIGN GRAPHICS, INC. tor a Conditional Change of Zoning District Classificaiton: ORDINANCE UPON APPLICATION OF JOSEPH PREZIOTTI, JR., DESIGN GRAPHICS, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO 0-1 Z08921367 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Joseph Preziotti, Jr., Design Graphics, Inc. for a Conditional Change of Zoning District Classification from R-5D Residential Duplex District to 0-1 Ottice District on the west side of North Landstown Road, 400 feet niore or less south of Monet Drive. The proposed zoning classification change is for office land use. The Comprehensive Plan designates this site for business/research use. Said parcel is located at 1857 North Landstown Road and contains 2.3 acres. PRINCESS ANNE BOROUGH. The tollowing conditions shall be required: 1. An agreement enconpassing proffers shall be recorded with the Clerk of the Circuit Court and is herby made a part of the proceedings. This Ordinance shal I be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of August, Nineteen Hundred and Ninety-Two. Councilman Dean requested copies of the site plans of any construction projects occurring in the Princess Anne Borough. - 34 - Item 111-H.I.d. PUBLIC HEARING ITEM # 35955 (Continued) PLANNING BY CONSENT Voting: 9-1 Council Menbers Voting Aye; John A. Baum, Linwood 0. Branch, Ill, Jams W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss and Vice Mayor William D. Sessorm, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndort STATEMENT OF CONSENT APPLICANT: JOSEPH PREZIOTTI, JR. APPLICATION: Conditional Zoning Classification 1857 North Landstown Road (Princess Anne Borough) DESCRIPTION: R-5D Residential Duplex District to 0-1 Oftice District CITY COUNCIL SESSION: August 11, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Encompassing the protfers included in the attached agreement. -4 'A Owner By: Attorney/Agent Date: 11 August 1992 FORM .0. P.S. Is IUTEk-OFFICE CORRESPONDENCE In Reply Refer T. 0. Fil. No. CA-3937 DATE: August 4, 1992 TO: Leslie L. Lilley DEPT: City At@orney FROM: Gary L. Fentress DEPT: City Attorney RE: Joseph Preziotti, Jr. Design Graphics, Inc. (Thomas & Julia Tye) Conditional Zoning Proffer Agreement Council Action Date: August 11, 1992 Enclosed is a copy of the proffer agreement submitted by the ref erenced applicant. The prof f er is acceptable as to legal form. GLF/dhh Enclosure TliOMAS M. & JULIA D. TYE TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 23rd day of June, 1992, by and between THOMAS M. TYL AND JULIA D. TYE, husband and wife, Grantor, parties of the first part, and CITY OF VIRGINIA BEACH, a municip al corporation of the Commonwealth of Virginia, Grantee, party of the sedond part. W I T N E S S E Z_H WHEREAS, Grantor is the owner of a certain patcel of property located in the KempsVille Borough of the City of Virginia Beach, containing approximately two and two-quarter (2.25) acres, and described in Exhibit "All attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the zoning classification of the Property from R-5D Residential District to 0-1 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed re-zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable q physical develoPm8nt, operationp and conditions related to th use of the PropertY to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Propp-rtyl which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. Now, THEPEFORE, the Grantor,.for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requireadent by or exaction from the Grantee or its governing body and without any element of co-mpulsion or auid pro cuo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Development of the site will be coordinated not to occur before completion of the first two lanes of Rosemont Road, estimated to be Tanuary 1, 1993. 2. To minimize curb cuts on Landstown Road, the entrance to the subject property from Landstown will be closed at such time as it is developed. 3. Access to the site will be made available via Rosemont Road. 4. Grantor shall dedicate a sixty six (661 foot right of way along the northwestern portion of the property and shall install improvements in accordance with Public Engineering standards. Said dedication shall be made prior to subdivision or site plan approval of any portion of the property. s. if dedications and or improvements proffered in paragraph 4 herein are not used by the Gr antee anytime within the next twenty years for the purpose for which they are proffered, then such property and or any funds paid and unused may be used by the City for any other public purpose. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the zoning ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the Circuit Court of the city of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as cdnclusive evidence of such consent, and if not so recorded, said instrument shall be void. All references hereinabove to R-5D and 0-1 Districts and to the requirements and regulations applicable thereto refer to the comprehensive zoning ordinance and subdivision ordinance of the City of Virginia Beach, Virginia, in force as of the 23rd day of June, 1992, which are by this reference incorporated 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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance-with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;, (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they s@all be recorded in the Clerk's Office of the circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. WITNESS the following si Thoiuas X. Tye d,, Ii, @ (SEAL) Ju@ia D. @e STATE OF virginia CITY/COUNTY OF virginia Beach, to wit: The foregoing instrument was acknowledged before me this 23rd day of June, 1992, by Thomas M. Tye and Julia D. Tye husband and wife. No-tary Public my commission Expires: 1, \@ot3 SCHED "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, numbered 1857 Landstown Road, situate, lying and being in the City of Virginia Beach, Virginia, bounded and described as follows: Beginning at an iron pipe in the west side of Landstown Road (formerly known as Landtown Public Road) and running thence down the center of a lead ditch N. 50 degrees, 38 minutes W. 741 feet to an iron pipe in the eastern line of the Norfolk Southern right- of-way; thence N. 37 degrees, 28 minutes W. 562 feet to an iron pipe in said right-of-way; thence N. 61 degrees, 30 minutes E. 13 feet; thence S. 50 degrees, 17 minutes W. 1260 feet down the center of a ditch to the western side of said Landstown Road, thence S. 32 degrees, 22 minutes W. 135.7 feet to the point of beginning and containing 3.30 acres, as shown by plat and Survey made by C.R. McIntire, Engineer, dated May 24, 1944, and recorded in the Clerk's office of the CIrcuit Court of the City of Virginia Beach, virginia, in Map Book 16, at page 34, less and except that certain one acre parcel, more or less, heretofore conveyed to Artie Butts by Deed from Richard Williams and Rosabell E. Williams, husband and wife, dated November 21, 1944 and recorded in the aforesaid Clerk's office in Deed Book 248 at page 115 and 3,185 square feet of land area, acquired in fee, by the City of Virginia Beach and the State of Virginia, for road widening purposes. The subject property contains 2.25 acres and is a portion of the property described in "Physical survey of property located at 1857 Landstown Road, Princess Anne Borough, Virginia Beach, virginia for Thomas M. and Julia D. Tyell and recorded in Deed Book 2695 at page 1531. - 35 - Item 111-H.2.a. PUBLIC HEARING ITEM # 35956 PLANNING Tuck Bowie, 1 709 Oxen Court, Phone: 481-274 1 , rep resented the app Iicant Upon niotion by Councilman Clyburn, seconded by Councliman Brazier, City Council AMENDED Condition Nu @r 4 in the Apri 1 28, 1992, Approved Appl i cation of THE MOST REVEREND WALTER F. SULLIVAN, Bishop of the Diocese of Richmond, for a Conditional Use Permit for a Catholic high school: ORDINANCE UPON APPLICATION OF THE MOST REVEREND WALTER F. SULLIVAN, BISHOP OF THE DIOCESE OF RICHMOND FOR A CONDITIONAL USE PERMIT FOR A CATHOLIC HIGH SCHOOL RC)4921422 Ordinance upon application of The Most Reverend Walter F. Sullivan, Bishop of the Diocese of Richmond tor a Conditional Use Permit for a catholic high school on certain property located on the east side of Princess Anne Road, 1300 feet more or I ess south of Green Meadows Drive. Said parcel contains 15 acres. KEMPSVILLE BOROUGH. Condition No. 4 shall be AMENDED to read: 1. With the elimination of the need for the proposed ten (10)-acre school site shown on the approved Brenneman Farm Land Use Plan, the total acreage for the townhouse developrrent will be reduced from 31.7 acres to 26.7 acres, and the number of townhouse units wi I I be reduced from 285 to 240. No further development wi I I occur on the property unti I such time as an amended land use plan is submitted and approved by City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, Jams W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessom , Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndort - 36 - Item 111-H.3.a. PUBLIC HEARING ITEM # 35957 PLANNING Attorney John Richardson, 2101 Parks Avenue, Suite 801, Phone: 422-4700, represented the applicant and rquested an additional deterral of 180 days. Upon motion by Counci iman Branch, seconded by Counc! iman Lanteigne, City Council APPROVED EXTENSION OF TIME, subject to comp liance by February 9, 1993, of the petition ot VIRGINIA BEACH MARLIN CLUB, INC. AND WALTER CASON BARCO tor the discontinuance, closure and abandonment of portions of Greensboro Avenue and Mediterranean Avenue. Petition of Virginia Beach Marl in Club, Inc. and Walter Cason Barco for the discontinuance, closure and abandonment ot the following parcels: Parcel 1: Closure of a portion of Greensboro Avenue beginning aT Tfle northwest intersection ot Greensboro Avenue and Mediterranean Avenue, running a distance of 48 feet along the northern property line (southern boundary of Block 30, Shadow Lawn Heights) and running in a southeasterly direction to the southwest intersection of Greensboro Avenue and Mediterranean Avenue. Parcel 2: Closure of a portion of Mediterranean Avenue, running a aistance of 41 feet along the eastern property line (western boundary of Lot 1, Block 18, (Shadow Lawn Heights) and running in a northwesterly direction to the southwest intersection of Greensboro Avenue and Mediterranean Avenue. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. It appears that the applicant owns the underlying fee tor the right-of-way proposed tor closure. This is subject to verification by the City Attorney's Office. Under current policy, purchase from the City would not be required. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels. 3. An access easement is required to provide access to Lake Rudee for public pedestrian traffic and for City services. 4. An easement satisfactory to Virginia Power is required over the electric facilities located within the rights-of-way proposed for closure. Evidence that this condition has been met must be submitted to the Planning Departffent prior to final street closure approval. - 37 - Item 111-H.3.a. PUBLIC HEARING ITEM # 35957 (Continued) PLANNING 5. Deve I opment of the s i te sha I I be su bstant i a I I y i n corrip I i ance w i th the s i te p I an su bmi tted by the applicant to the Planning Department. It the permits are not issued by the Army Corps of Engi neers, there sha I I be a reverter c I ause that the easement shall return to the City. 6. The app I i cant sha I I submi t a revi sed ord i nance to the City Attorney's oftice closing the rights-of- way. The redraft shall include a "save and except" clause for the easements required by Conditions #3 & #4 and shall reference the reverter clause required by condition #5. The reverter clause shall also be incorporated into a restrictive covenant and reverter agreement to ensure all the conditions sha I I be met withi n the ti me frame set torth i n condition #5 above. 7. There is to be no dredging, filling, bulkheading or any other waterfront related activity prior to obtaining the necessary permits from State, Local and Federal agencies. 8. Closure ot the rights-of-way shall be contingent upon corrpliance with the above stated conditions within 180 days ot the approval by City Council (February 9, 1993). Voting: 10-0 Council Merrbers Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessonis, Jr. Council Members Voting Nay: None Council Menbers Absent: Mayor Meyera E. Oberndort - 38 - Item 111-H.3-b. PUBLIC HEARING ITEM # 35958 PLANNING Attorney Donald H. Clark, Clark and Stant, Phone@ 499-8800 Upon motion by Counci lman Branch, seconded by Counci Iman Clyburn, City Counci I APPROVED the Petition ot HERMAN, INC. for the discontinuance, closure and abandonmnt ot a twenty (20)-foot unnamed lane between 2nd Street and 3rd Street, subject to cornpliance ot conditions by February 9, 1993. Petition ot Herman, Inc., for the discontinuance, closure and abndonn)ent of twenty (20)-toot unnamed lane located between 2nd Street and 3rd Streer beginning at the eastern boundary ot Pacitic Avenue and running in an easterly direction a distance of 119.42 feet. Said parcel contains 2365.5 square feet. VIRGINIA BEACH BOROUGH. The tollowing conditions shall be required: 1. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into the adjoining parcel is required. 2. The applicant is responsible for making arrangerrients to accomrrr)date any non-rrunicipal utilities which may be located in the right-of-way proposed for closure. 3. An ingress/egress easement shall be provided to the srmll parcel at the eastern terminus ot the right- ot-way for closure which would otherwise be landlocked by this street closure. 4. Closure of the right-of-way sriall be contingent upon conipliance with the above stated conditions by February 9, 1993. Voting: 10-0 Council Merrbers Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor Wi I I i am D. Sessoms, Jr. Council Merribers Voting Nay; None Council Merribers Absent: Mayor Meyera E. Oberndort - 39 - Item Iii-H-3-c- PUBLIC HEARING ITEM # 35959 PLANNING Christopher Ulman, the applicant, represented himself Upon motion by Councilman Branch, seconded by Counc i I man Lante i gne, City Counci I ADOPTED an Ordinance uon application of CHRISTOPHER ULMAN/EAST-WEST FOREIGN CAR SERVICE, INC. for a Conditional Use Permit ORDINANCE UPON APPLICATION OF CHRISTOPHER ULMAN/EAST-WEST FOREIGN CAR SERVICE, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE AND REPAIR ESTABLISHMENT R08921371 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Christopher Ulman/East-West Foreign Car Service, Inc., for a Conditional Use Permit for an automoble service and repair establishrmnt on Lots 5, 6, 7, 8 and Lots 17 through 20, Block 6, Virginia Beach Annex #2. Said parcel is located at 849 Virginia Beach Boulevard and contains 28,314 square feet. VIRGINIA BEACH BOROUGH. The following conditons shall be required: 1. The garage at the rear shal I be removed from the site. 2. No damaged or wrecked cars shall be stored on site except within the fenced area. Existing cars ot this nature shall be removed prior to the issuance of a building permit. 3. Category VI screening shall be required between the RT-3 and A-12 Districts. 4. Auto repair and service work shall be pertormed within the contines of the building. This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh ot August, Nineteen Hundred and Ninety-Two. - 40 - Item 111-H.3-c. PUBLIC HEARING ITEM # 35959 (Continued) PLANNING Voting; 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor WilliamD. Sessorm, Jr. Council Merrbers Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 41 - Item 111-H.3.d.1 PUBLIC HEARING ITEM # 35960 PLANNING Douglas Talbot, 952 Hurds Road, Phone: 468-0574, President of Alot Corporation H. Ernest Brown, 2248 Princess Anne Road, Phone: 427-2473, spoke in OPPOSITION. Mr. Brown requested ALOT Corporation complete the sidewalk to Seaboard Road, as previously agreed. Upon rrotion by Counci Iman Dean, seconded by Counci Iman Jones, City Counci I DENIED the Variance for Huckelberry Trail in the application of ALOT CORPORATION for a Variance to Section 5.6(a) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain e I ertents C)f the Subdivision Ordinance, Subdivision for ALOT Corporation. Property is located on Huckleberry Trail and Lillipond Lane. PRINCESS ANNE BOROUGH. Sidewalks shall be installed on Huckleberry Trail. Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, Jams W. Brazier, Jr., Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert W. Clyburn Council Members Absent: Mayor Meyera E. Oberndorf - 42 - Item iii-H-3-d-I PUBLIC HEARING ITEM # 35960 (Continued) PLANNING Douglas Talbot, 952 Hurds Road, Phone: 468-0574, President ot Alot Corporation H. Ernest Brown, 2248 Princess Anne Road, Phone: 427-2473, spoke in OPPOSITION. Mr. Brown requested ALOT Corporation complete the sidewalk to Seaboard Road, as previously agreed. A rmtion was made by Councilman Dean, seconded by Councilman Brazier, to DENY the Variance tor Lillipond Lane in the application of ALOT CORPORATION for a Variance to Section 5.6(a) of the Subdivision Ordinance. Upon SUBSTITUTE MOTION by Councilman Clyburn, seconded by Councilman Branch, City Council APPROVED the Variance for Lillipond Lane in the application of ALOT CORPORATION for a Variance to Section 5.6(a) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements ot the Subdivision Ordinance, Subdivision for ALOT Corporation. Property is located on Huckleberry Trail and Lillipond Lane. PRINCESS ANNE BOROUGH. Sidewalks shall not be installed on Lillipond Lane (cul-de-sac)- Voting: 7-3 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Janies W. Brazier, Jr., Robert K. Dean and John D. Moss Council Members Absent: Mayor Meyera E. Oberndorf 43 - Item APPOINTMENTS ITEM 35961 Upon NOMINATION by Councilman Brazier, City Council APPOINTED: HUMAN RIGHTS COMMISSION Cheryl J. Avery-Hargrove Unexpired term thru 1/1/93 Voting: 10-0 Council Merrbers Voting Aye: John A. Baum, Linwood 0. Branch, 111, J ar%s W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessom , Jr. Council Members Voting Nay: None Council Merters Absent: Mayor Meyera E. Oberndort - 44 - Item 111-I.J. UNFINiSHED BUSINESS ITEM # 35962 By the utilization of slides, Arthur R. Shaw, City Engineer, presented i nf or mation re l at ive the unauthor i zed f i II of Robert Fri ed man at 1 12 Mi chael Wood Drive. A double ti Iter barrier with straw bales in place is a perfectly standard and acceptab I e manner of tenporary erosi on control as we I I as 97% etfective. However, when this tence was just a single fence, it was overwhel@d and material in large quantities did get through the tence and into the Lynnhaven River Tributary. The fill material came trom a Public Utilities contractor which was instal ling sewer and water lines into the Lynnwood/Michael Wood Area (Project 2A). The prime contractor was Suburban Grading and Utilities with the subcontractor being LMR Construction Coupany. LMR Construction made a private agreement with Mr. Friedman to dispose of the excess material by dumping the fill on Mr. Friedman's property. Mr. Friedman advised receiving n)ore material than contracted. Mr. Shaw advised the following Ordinances have been violated: Section 6.151 of the City Code Section 30-71 of the City Code Section 1203 of the City Zoning Ordinance Section 106 of the Chesapeake Bay Preservation Area Ordinance The City Staff had made the assuniption this was not a "willful" act and there was no eminent danger. On May 28, 1992, a "cease and detest" letter was forwarded to the homeowner to stabilize the ground, erect erosion controlling devices, immediately remove all of the material and restore the site or request an after-the-fact permit from the City. A followup letter was forwarded on June 11, 1992. Also, following the breeching of the first silt fence, an order was issued requiring the silt be removed and a second silt fence be installed. On June 17, 1992, the owner submitted an application for an "after-the-fact" permit. The application was not complete and sent back to the applicant. The homeowner was reminded of a requirement to appear before the Chesapeake Bay Preservation Board. Mr. Friedman had to have an application to them prior to July 24, 1992. A week later, Mr. Friedman resubmitted his application. This application was still incornplete and had not answered many of the questions for which the statf had requested compliance from the first rejection. Mr. Friedman was given fifteen days to resubmit the application. Mr. Friedman failed to resubmit his application. The City Staft forwarded a final letter to notify him of his failure to comply with previous direction and giving him ten days in which to submit. If he ta! led to do so, the matter would be turned over to the City Attorney's Office. This Certified Letter was returned from the owner "REFUSED". Mr. Shaw advised informal information had been received from the owner that he intends to remove mdst of the fill material. The following spoke relative siltation of a Lynnhaven River Tributary: Lee G. Diton, 1025 Briarwood Point, Phone: 486-5930 Howard Summers, Jr., 1029 Briarwood Point, Phone-. 486-3103 BY CONSENSUS, the City Attorney was directed to take necessary action tor enforcement. - 45 - Item III-I.K.l.a NEW BUSTNESS ITEM # 35963 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council ADOPTED: Resolution calling upon the Virginia Congressional Delegation to oppose proposed Federal funding reductions for urban area capital and operating assistance to the Tidwater Transporation District Commission. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf A RESOLUTION CALLING UPON THE VIRGINIA CONGRESSIONAL DELEGATION TO OPPOSE PROPOSED FEDERAL FUNDING REDUCTIONS FOR URBAN AREA CAPITAL AND OPERATING ASSISTANCE TO THE TIDEWATER TRANSPORTATION DISTRICT COMMISSION. WHEREAS, transit services are of vital importance to a community, especially an urbanized city such as Virginia Beach, and are an essential element of a balanced transportation system; and WHEREAS, citizens use transit services to access the important activities of their daily lives; and WHEREAS, experience demonstrates that cuts in transit services and/or increases in fares deter riders from use of transit and hinder transit system effectiveness and efficiency; and WHEREAS, the financial partnership of the Federal and State governments with local transit providers such as the Tidewater Transportation District Commission have been a critical element in the provision of transit service; and WHEREAS, the Federal government is contemplating a reduction of 6% in urbanized area formula capital assistance, as well as a reduction of 10% in urbanized area operating assistance; and WHEREAS, local governments are ill-equipped financially to make up shortfalls caused by declines in State and Federal assistance; NOW THEREFORE, BE IT RESOLVED that the Council of the city of Virginia Beach: Deplores the prospective cuts in urbanized area capital and operating assistance being contemplated by the U.S. congress as running directly counter to the national and local goals of achieving balanced transportation opportunities and a better environment, and is of the opinion that the direct result of the proposed cuts in Federal assistance will be a decrease in transit ridership and the subsequent decrease in the viability of transit systems, and Believes such ill-considered cuts will inevitably create a greater hardship on those transit dependent riders who can least absorb such blows, and Calls upon the Virginia Congressional delegation to exert every effort to oppose the proposed cuts in urbanized area formula capital assistance and urbanized area operating assistance, and requests that if the funding is cut at the Federal level, that the Commonwealth of Virginia not reduce its funding to Tidewater Regional Transportation, and Directs the City Clerk to convey this Resolution to the Virginia Congressional Delegation, the Virginia Beach General Assembly Delegation and the members of the Tidewater Transportation District Commission. Adopted by the Council of the City of Virginia Beach, Virginia, this 11 day of August , 1992. - 46 - Item 111-I.K.l.b NEW BUSINESS ITEM # 35964 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION. A motion was made by Councilman Baum, seconded by Councilman Jones to ADOPT: Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia Beach re titm and place of regular Council meetings. Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, Louis R. Jones, and Vice Mayor William D. Sessorrs, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Pau I J. Lanteigne, John D. Moss and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf - 47 - Item 111-I.K.1-c NEW BUSINESS ITEM # 35965 ADD-ON Upon motion by Counci lman Brazier, seconded by Counci Iman Jones, City Counc! I AGREED to ADD to the AGENDA: Ordinance authorizing and directing the City Manager to take al I necessary rmasures to provide City water and sewer service to the Woodland (Barberton Drive) Neighborhood. Voting: 10-0 Council Menbers Voting Aye: John A. Baum, Linwood 0. Branch, 111, Jams W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessom , Jr. Council Me@ers Voting Nay: None Council Merrbers Absent: Mayor Meyera E. Oberndort - 48 - Item Ill-I.K.1-c NEW BUSINESS ITEM # 35965 ADD-ON Upon motion by Counci lman Brazier, seconded by Counci Iman Baum, City Counc! I ADOPTED: Ordinance authorizing and directing the City Manager to take al I necessary masures to provide City water and sewer service to the Woodland (Barberton Drive) Neighborhood. Councliman Braazier requested the City Manager prepare a report TARGET AREAS Voting: 10-0 Council Merrbers Voting Aye: John A. Bau m, Linwood 0. Branch, 111, Jams W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessom , Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndort - 48 - Item 111-I.K.1-c NEW BUSINESS ITEM # 35965 ADD-ON Upon motion by Counci Iman Brazier, seconded by Counci Iman Baum, City Counci I ADOPTED: Ordinance authorizing and directing the City Manager to take al I necessary measures to provide City water and sewer service to the Woodland (Barberton Drive) Neighborhood. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, Ill, Jarres W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessorm, Jr. Council Me*ers Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf APR SIGN 0 DEPARTMENT APPROVED AS TO LEGAL I AN ORDINANCE AUTHORIZING AND 2 DIRECTING THE CITY MANAGER To TAKE 3 ALL NECESSARY MEASURES TO PROVIDE 4 CITY WATER AND SEWER SERVICE TO THE 5 WOODLAND NEIGHBORHOOD 6 WHEREAS, the Woodland neighborhood is not presently 7 provided with public water and sewer service; and 8 WHEREAS, the Health Department has determined that a 9 Class I health risk exists in the Woodland neighborhood, and has 10 recommended the installation of City water and sewer service as the 11 best means of eliminating such risk; and 12 WHEREAS, it is the opinion of the City Council that such 13 risk is serious and imminent and that, by reason of the foregoing, 14 an emergency exists in the Woodland neighborhood, such that the 15 provision of City water and sewer service to the Woodland 16 neighborhood in an expeditious manner is necessary in order to 17 protect the health, safety and welfare of the residents of 18 Woodland; 19 WHEREAS, there is available funding in the Capital 20 Improvements Prograin for the installation of City water and sewer 21 service in the Woodland neighborhood; and 22 WHEREAS, engineering for sewer and water facilities is 23 currently under way; 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 That the City Manager be, and hereby is, authorized and 27 directed to undertake, as soon as possible, all measures which are 28 necessary or expedient for the provision of City water and sewer 29 service to the Woodland neighborhood, and that City water and sewer 30 be provided to such neighborhood at the earliest possible time. 31 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That only such lots as contain residential dwellings as 34 of the date of adoption of this ordinance shall be eligible for 35 connection to City water until the water supply emergency 36 previously declared by the City Council no longer exists. 37 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 That this ordinance shall supersede the provisions of any 40 other ordinance which may be inconsistent with the provisions of 41 this ordinance. 42 Adopted by the Council of the City of Virginia Beach on 43 the lith day of August, 1992. 44 CA-92-4792 45 \ordin\noncode\woodland.orn 46 R-2 2 - 49 - Item 111-I.K.1-d NEW BUSINESS ITEM # 35966 ADD-ON Counci Iman Brazier reterenced the General Asseffbly Delegation dinner with the City Counci 1, Wedensday, September 9, 1992, to discuss the City's legislative package. Councilman Brazier advised he will bring torward at the City Council Session ot August 25, 1992, a proposal for a Legislative Committee. This Committee would be composed of representatives of trie Council of Civic Organizations, Tidewater Bui Iders Association, Chamber ot Commerce, Tidewater Realtors, Farm Bureau, Retail and Restaurant Association and Hotei and Motel Association. This Committee would enhance the City's proposals in Richmond. - 50 - Item 111-I.K.I.e NEW BUSINESS ITEM # 35967 ADD-ON Counci I Lady Parker reterenced the letter of August 7, 1992 from the City Manager concerning a MeffK)randum ot Agreement between the City Manager and Dr. Faucette, concerning the upcoming Capital Improvement Projects. Said correspondence references a possible tax increase ot 5.71 in the next Fiscal year, ettective July 1, 1993. The City Manager advised this does not commit the School Board or the City. The City Statf has been successtul in trimming approximately $40-MILLION trom the proposed School Capital lnprovement Program presented at the JOINT WORKSHOP of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH SCHOOL BOARD on July 14, 1992. - 51 - Item Ill-I.K.l.f NEW BUSINESS ITEM # 35968 ADD-ON Counci Iman Lanteigne wi I I SCHEDULE for the City Counc! I Session of August 25, 1992, a proposed amendment to the PUBLIC LIBRARY BOARD corrposition. Councilman Lanteigne will request one of the appointive positions be changed to a term of one year with a high school senior being appointed to this position. - 52 - Item ii-L.,. ADJOURNMENT ITEM # 35969 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED at 4:55 P.M- William I Be,erl 0. Hooks, CMC Vice Mayor - Presiding Chief Deputy City Clerk f uth Hdge. ilh, CMC/AAE Me] City Clerk Mayor City of Virginia Beach Virginia