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HomeMy WebLinkAboutAPRIL 16, 1990 MINUTES "f F3@El@" "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -YOR ME@E- 11@E MIYOR ROBERI E. -IMS, V@,i@i@ .-I @EISCHOBER, A, -N@Y. I.- JOHN -1 K, PI-R. JOHN I -1, CITY COUNCIL AGENDA 1--1 V, @l-, JR, li@, VI@l;llll @Ell:@, 11@lil'Il -,l '@ll -,,E L -Y, @il, RU'll APRIL 16, 1990 ITEM 1. LABOR DAY COMMUNITY COORDINATION COMMITTEE - Conference Room - 8:30 AM A. REPORT AND RECOMMENDATIONS Andrew S. Fine, Co-Chair Dr. Harrison B. Wilson, Co-Chair ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Room - 10:30 AM A. SOCIAL SERVICES BOARD ITEM 111. CITY COUNCIL WORKSHOP - Conference Room - 10:45 AM A. FY 1990-1991 OPERATING BUDGET ITEM IV. CITY COUNCIL CONCERNS - Conference Roorn - 12:45 PM ITEM V. L U N C H - Conference Room - 1:00 PM ITEM VI. INFORMAL SESSION - Conference Room - 1:15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITFM Vll- FNPMAI IZ;:',qlOkl - C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - April 2, 1990 F. PRESENTATION 1. HONORARY CITIZEN Certificate - Commander Allan D. Wall, USN Prospective Commanding Officer of the USS Tortuga (sponsored by Councilman Harold Heischober) G. PUBLIC HEARING 1. PLANNING a. Appl ication of ALOT CORPORATION for a Conditional Use Permit for a borrow pit 300 feet more or less Northeast of the Northern terminus of Buyrn Circle, containing 6.41 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL H. 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. Resolution referring to the Planning Commission proposed Amendments re certain fees: a. Sections 106, 107(g) and 221(b) of the City Zoning Ordinance; b. Sections 8.1 and 8.3 of the Subdivision Ordinance; c. Section 3.2(A.2) of the Site Plan Ordinance. 2. Ordinance granting a franchise to Fogg's Seafood Co., Inc., re open air/stub street park cafe (415 Atlantic Avenue); and, authorizing and directing the City Manager to enter into a franchise agreement. 3. Ordinance, upon SECOND READING, to APPROPRIATE $50,000 to the Courthouse Volunteer Rescue Squad re purchase of an ambulance. 4. Ordinance, upon FIRST READING, to APPROPRIATE $175,000 from General Fund Balance to initiate risk and remediation assessments at nine underground storage tank sites. 5. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of 76th Street to Alan and Deloris Bartel re existing block wall (LYNNHAVEN BOROUGH). 6. LOW BID: COLEMAN CONSTRUCTION Kempsville Public Safety $404,756 and Library Services Expansion (CIP 3-910) 7. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY CLASSIC LIMOUSINE SERVICES, INC. WOODPORT SERVICES 8. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $4,000 from the Virginia Department of Housing re Emergency Home Repair Grant Program. 1. UNFINISHED BUSINESS J. NEW BUSINESS 1. INTERIM FINANCIAL REPORTS July 1, 1989 - February 28, 1990 Giles G. Dodd, Assistant City Manager for Administration K. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED APRIL 30, 1990 2:00 PM (Planning Items) RESCHEDULE OF APRIL 9, 1990 "PASSOVER" HOLIDAY MAY 29, 1990 6:00 PM (Planning Items) RESCHEDULE OF MAY 28, 1990 "MEMORIAL DAY" HOLIDAY (All other Sessions will be in accordance with the City Code) FY 1990-1991 OPERATING BUDGET APRIL 19, 1990 7:00 PM PUBLIC HEARING - CITY/SCHOOL BUDGET Princess Anne High School APRIL 23, 1990 COUNCIL WORKSHOP FY 1990-1991 OPERATING BUDGET MAY 2, 1990 4:00 PM - 6:00 PM COUNCIL RECONCILIATION WORKSHOP FY 1990-1991 OPERATING BUDGET Council Conference Room MAY 7, 1990 2:00 PM PUBLIC HEARING AND FIRST READING APPROPRIATION ORDINANCE FY 1990-1991 OPERATING BUDGET (Formal City Council Session) MAY 14, 1990 2:00 PM SECOND READING AND ADOPTION BY CITY COUNCIL FY 1990-1991 OPERATING BUDGET (Formal City Council Session) 4/12/90 M I N U T E S VIRGINIA BEACFF CITY COUNCIL Virg[tila Beacli, Vlrglnla April 16, 1990 The CITY MANAGER'S BRIEFING relative the LABOR DAY CO*MITY COORDINATION COMMITTEE was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, April 16, 1990, at 8:30 A.M. Council Members Present: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Barbara M. Henley (ENTERED: 8:38 A.M.) John A. Baum (ENTERED: 11:40 A.M.) - 2 - C I T Y M A N A G E R ' S B R I E F I N G LABOR DAY COMMUNTTY COORDINATION COMMITTEE REPORT AND RECOMMENDATIONS 8:30 A.M. ITEM # 32663 Dr. Harrison Wilson and Mr. Andrew Fine, Co-Chairs, Labor Day Commi,nity Coordination Comittee, advised on Saturday, April 7, 1990, the LABOR DAY COMKUNITY COORDINATION COMMIITEE met to consider final recommendations related to Labor Day, 1990. The Committee as a whole ADOPTED nineteen (19) proposals. Mr. Fine introduced Michael Barrett and Carolyn Bell, Co-Chairs of the PROGRAM SUBCOMMITTEE. Mr. Barrett advised the Subcommittee prioritized the activities: Step Show, Beach Concert, Fraternity Competitions, Basketball Games, Dances, Picnic, Swimsuit Competition, Jazz Concert, Sweet Pea Boxing Exhibition and a Bazaar. After prioritizing said activities, sixty-five (65) different organizations were identified who have conducted successful events of a similar type. A proposed solicitation letter was forwarded to potential sponsoring organizations. A sample of same is contained in Section B-2. Approximately fifteen (15) responses have been received. The PROGRAM SUBCOMMITTEE will be meeting Wednesday, April 19, 1990, to determine which particular organization should sponsor a specific event. Norfolk State University has identified a number of the high priority events for their personal sponsorship and filed a preliminary application. Copy of same is contained under Section B-1. The Norfolk State program will be the foundation. The Committee endorses the use of Redwing Park for the staging of outdoor Norfolk State University Events. Carolyn Bell further advised Redwing Park was chosen after the investigation of many sites i.e, Mount Trashmore, Princess Anne Park, Twenty-seventh Street. This is foreseen as an event of which the City can be proud for both Black and White citizens. Bert Harrison, Acting Co-Chair of the LOGISTICS SUBCOMKITTEE, reiterated the charge of this subcommittee: Transportation, Housing, Vending, Special Guests Arrangements, Visitor Services, Medical and Social Services and Communications. The foundation of the total planning process is traffic control. From two major assumptions seven months ago: Laborfest will happen and the number of participants will increase, together with the basic fact of the Resort area being not physically large enough to handle the size of the crowd, it became immediately obvious it would be necessary to remove the automobile from the equation in order to have a chance for success. All of the planning is based on this foundation. Removal of the automobile from the equation will provide emergency vehicle access to the total Resort area, will triple promenade space, make it difficult for visitors to conceal weapons or drugs, remove the "boom box" crowd agitation, ease policing problems and eliminate street grid lock. The Consensus relative the automobile was determined first by the Interracial Business and Civic Coalition, second by the Student Summit Conference, third by the Resort Business Council, fourth by the Virginia Beach Hotel/Motel Association, fifth by the Restaurant Association and last by Labor Day Community Coordination Committee. There are exceptions to this complete ban of traffic from the Resort Area: Merchandise must be delivered to the resort businesses, residents must be allowed to attend church, residents must be able to drive to their homes and employees must be allowed to go to work. Satellite Parking has been identified at NAS Oceana and City owned property in the Lynnhaven Parkway area. The LK)GISTICS SUBCOMMITTEE has determined Vending will be permitted at sites to be determined. Mr. Fine introduced Linwood Branch and Ulysses Van Spiva, Co-Chairs of the SECURITY SUBCONMITTEE. Mr. Branch advised the three areas of responsibility: Police, Private Security Companies and Citizens Patrol. - 3 - C I T Y M A N A G E R ' S B R I E F I N G LABOR DAY COMMUNITY COORDINATION COMMITTEE REPORT AND RECOMMENDATIONS ITEM # 32663 (Continued) First and foremost to security is the use and presentation of the police personnel. Many of the SECURITY SUBCOMMITTEE members were involved in the 1989 experience in its entirety and shared conclusions were reached. The build-up caused by the National Guard being on Standby, the impossible traffic situation allowing for congestion, random car stereo parties, a tension causing towing situation, impedient of emergency vehicles, an "us versus them" attitude of the crowd for the police, the shortage of a police presence during the critical wee hours of the morning, and the defensive posture assumed during the weekend have led to the following conclusions: There be adequate police protection, so the National Guard will not be utilized. The National Guard arrived four hours late and contributed virtually nothing to the security of the weekend. They were little more than observers and in the Committee's opinion would do more harm than good. Therefore, it is recommended the National Guard not be utilized. Adequate security should be provided by the Virginia Beach police with assistance from the Virginia State Police and the Shore Patrol, which is utilized during the summer. These security personnel should be placed in strategic substations where there will be a constant police presence. This will allow the citizen patrol and others to be aware of where help can be located, if necessary. Trouble can be halted immediately when it commences by extracting the trouble makers. The closure of Atlantic and Pacific Avenues are absolutely essential for a peaceful weekend. The problems arising for mixing vehicles with pedestrians are well documented for 1989. It is recommended Redwing Park be utilized as an area for some of the activities. The neighborhoods near the Park will not be utilized for parking. The SECURITY SUBCOMMITTEE will co-ordinate with the LOGISTICS SUBCOMMITTEE, to provide transportation to Redwing Park and create a safe environment in and around the Park. The SECURITY SUBCOMMITTEE recommends the continuation of sensitivity training and the college visitation programs initiated by the Virginia Beach Police Department. The Committee has met with several private security subcommittees. Private security police may outnumber the police during that weekend and better communication with the police is recommended. Sensitivity training should be provided for private security officers. The areas of jurisdiction should be defined and well known between security companies and the police. The utilization of citizen patrols to monitor the crowds has been discussed and endorsed. These patrols could be located at the oceanfront and Redwing Park. A citizen might be paired with a police officer. Flo McDaniel and Charles Reynolds, are Co-Chairs of the PUBLIC INFORMATION SUBCOMMITTEE. Mr. Reynolds advised a Laborfest Brochure has been compiled which will be disseminated. This brochure will contain the various City regulations and parking locations to provide clear communication. Information will be forwarded to the local media as well as the regional and national media. A list has been provided of various organizations to keep information flowing between the Laborfest participants and the various constituent bases: High School Newspapers Civic League Target Neghborhoods Civic League News Editors School Principles Tidewater School Superintendents Military Public Affairs Representatives Regional and Public Information Office Committees Chambers of Commerce Historically Black Colleges (should receive this information immediately) NAACP Urban League Pan Helenic Council Farm Bureau It is also important to touch base with Tourist and Convention, Travel Bureaus throughout the Country and the American Bus Association. The implementation of a 900 telephone line to facilitate communications regarding the city, events and services, is also recommended. - 4 - C I T Y M A N A G E R ' S B R I E F I N G LABOR DAY COMMUNITY COORDINATION COMMITTEE REPORT AND RECOMMENDATIONS ITEM # 32663 (Continued) In accordance with City Council's resolution establishing the LDCCC, the Committee endorsed the policy that only Co-Chairs Wilson and Fine act as official spokespersons for the LDCCC with the media. Printed materials developed for distribution by the Office of Public Information will be initiated and reviewed by the PUBLIC INFIORMATION SUBCOMMITTEE. Designees will be acceptable in order to maintain momentum in connection with pamphlets, brochures, et cetera. Production will be done by the Office of Public Information and the Task Force Office. The Subcommittee recommends the Dome be the location for the Labor Day Media Center during the weekend. If that space is not available, the Virginia Beach United Methodist Church or any other similar area between Tenth and Twenty-fifth Streets should be utilized. The Media Center must be separate from the Public Information Center. The Public Information Center will include the courtesy patrol and rumor control hotline. Dr. Ronald Proctor and Mary Redd are Co-Chairs of the COMMUNITY PARTICIPATION SUBCOMMITTEE. Dr. Proctor advised the charge of the COMMUNITY PARTICIPATION SUBCOMMITTEE was essentially educating the community and the recruitment, training and assignment of volunteers. A key ingredient in meeting the charge of the COMMUNITY PARTICIPATION SUBCOMMITTEE is the organization of a Speakers Bureau. All speeches will address existing policy. The Co-Chairs, Dr. Wilson and Mr. Fine of the LDCCC, will be the first to articulate and address new policy. The first target groups in Virginia Beach are the civic and service organizations in the resort area. Various Subcommittees identified the need for volunteers. Citizen courtesy patrols and students patrolling with police are recommended to facilitate comunication during the weekend. Telephone volunteers are needed to respond to inquires about schedules and rumors. Corporate and community groups can voiunteer to assist in planning and executing events. Each subcommittee will identify their specific volunteer needs, identify the number of people required to do a job and develop job descriptions. An application process is critical in the proper selection, training and assignment of volunteers. Recruitment, training and assignment of volunteers will be a function of the COMMUNITY PARTICIPATION SUBCOMMITTEE. Bill Harrison, Co-Chair of the PRIVATE SECTOR COMMITTEE, advised this Subcommittee's function is to identify resources and secure funding to finance the activities recommended by the LDCCC. The Subcommittee is suggesting the identification of a public foundation, exempt from taxation, to receive public contributions towards the Labor Day weekend. Financial support will not be secured solely for events, but for other needs such as lighting and fencing in satellite parking areas, training for volunteers and printing. Vice Mayor Fentress expressed concern relative Atlantic Avenue from Thirty- first Street to Fortieth Street which contains approximately five major condominiums. Vice Mayor Fentress has been advised by citizens in this vicinity, the closure should not cease at Thirty-first Street. Vice Mayor Fentress inquired, if Pacific Avenue is closed, as Route 60 is Pacific Avenue and a major thoroughfare, the methodology of traffic moving through the City and not going into the residential areas. Bert Harrison, Acting Chair of the LOGISTICS SUBCOMMITTEE, advised problems are caused when traffic is banned from Thirty-first Street on Pacific to Ninth Street. The problems solved, however, outweigh the problems caused. The Subcommittee was aware merchants north of Thirty-first Street were desirous of closing Atlantic Avenue past Thirty-first Street. From the Resort Merchant Leadership Council's viewpoint, the Street could be closed as far north as Council believes it should be closed. The Subcommittee believed Thirty-first Street was adequate. Linwood Branch, Co-Chair of the SECURITY COMMITTEE, in his position as President of the Hotel/Motel Association, spoke with affected properties and believed this area could be included with the closure. It is also believed if this information can be publicized, visitors can be directed immediately to the satellite parking and the back-up avoided. Maps can be printed. Mayor Oberndorf expressed concerns of residents of the single-family dwellings on Artic and the streets inland, relative parking permits allowing them to have their cars in the neighborhood. Mayor Oberndorf requested the Committee address this situation. - 5 - C I T Y M A N A G E R ' S B R I E F I N G LABOR DAY COMMUNITY COORDINATION COMMITTEE REPORT AND RECOMMENDATIONS ITEM # 32663 (Continued) In response to Mayor Oberndorf relative the utilization of Redwing Park for stage events and activities, Dr. Wilson advised the Committee with Staff reviewed sites at Redwing, Pendleton, the area of Twenty-seventh Street, Princess Anne Park as well as others. Camp Pendleton being a governmental area is a problem and was not as easily protected with wide open areas. As this is a base, the participants would have the concept of being put on a military base to be kept there rather than to have a good time. There was no comparison with the number of people which could safely be accommodated and transported at Redwing. Redwing could be easily secured. Traffic would not be permitted to Redwing. Buses or Trolleys would provide the transportation. Redwing could be easily secured. Mrs. Bell advised the reason for a large area for activities is to alleviate overcrowding on the Beachfront. Camp Pendleton is unattractive and barren. Councilwoman McClanan inquired as to whether residents in the vicinity of Redwing Park were contacted. Birdneck Lakes is almost adjacent to the Park. The Redwing Subdivision is across the street from the Park. Dr. Wilson advised residents had not been contacted. C. Oral Lambert, Director of Public Works, advised Councilwoman Henley, the size of Redwing Park, the cleared area within the tree line, is approximately 24.8 acres. There is a road that creates a loop and within this loop, there is 11.8 acres. In discussions with Chief Diezel and Mr. Holland of the Pavilion Conference Center, it was ascertained the industry rule for festive style seating for concerts is 5 square feet per person. Therefore, technically within this loop road, over 100,000 individuals could be accommodated. There will be temporary fencing and security requiring identification. There shall be no alcoholic beverages allowed in the Park. In response to Councilman Sessoms, Bert Harrison advised the LDCCC recommended Pacific Avenue be closed by 6:00 P.M. or 7:00 P.M. Friday for the duration of Laborfest. Mr. Fine advised between $70,000 and $100,000 will be required to be raised from the private sector, some of which may be "seed money". The LDCCC will be returning to City Council with a firm recommendation relative vending with regard to the Oceanfront. Lieutenant James Howland advised adequate police protection will be provided for the rest of the City, as well as the Oceanfront. Bert Harrison advised Councilman Balko, an area within Oceana Air Base will be provided for parking of approximately 7,000 to 8,000 automobiles, close to the old Acey/Ducey Club. The City has identified City and privately owned land near the vicinity of Lynnhaven Parkway, which could handle an additional 7,000 to 8,000 automobiles. A hotel guest entering the area will have a windshield placard which will allow this vehicle to proceed to the hotel and then this vehicle will be trapped in the hotel parking lot until the streets are reopened. Dr. Harrison Wilson and Mr. Andrew Fine, Co-Chairs, Labor Day Community Coordination Committee, will repeat the Report and Recommendations during the Formal Session of City Council. A general approval by City Council must be received before a detailed analysis can be provided. Councilwoman McClanan advised she would have trouble voting on this matter today before a Public Hearing is provided. Councilman Moss requested information relative the police manpower requirement for the fixed locations in the Resort Area during Labor Day, manpower currently provided in the other precincts of the City and the reduction caused by Labor Day. The manpower to be provided at the alternative sites to assist the private security. Councilman Moss also requested a staff assessment of all the recommendations. Mayor Oberndorf expressed appreciation to Dr. Harrison and Mr. Fine as well as all members of the LABOR DAY COMMUNITY COORDINATION COMITTEE for their excellent report and diligent efforts on behalf of the City. - 6 - UNITED STATES COAST GUARD TWO HUNDREDTH ANNIVERSARY ITEM # 32664 Mayor Oberndorf introduced Admiral Paul A. Wei I ing of the UNITED STATES COAST GUARD to City Council Members and Staff. Admiral Welling was officiating the dedication of the UNITED STATES COAST GUARD D i sp I ay I n the I obby of the C I ty Ha I I Bu i I d i ng commemorat 1 ng the Two Hundredth Anniversary of the Coast Guard. Mayor Oberndorf advised It was a great honor to welcome this exhibit which reflects In painting, photographs and memorabilia 200 years of exceptional service by the UNITED STATES COAST GUARD to the citizens of the Country. Mayor Oberndorf expressed apologies to the Admiral for the delay in the dedication of the Display and was most appreciative of his patience. - 7 - C I T Y M A N A G E R ' S B R I E F I N G SOCIAL SERVICES BOARD ITEM # 32665 Dr. Daniel Stone introduced Colonel Howard Williams who reported relative the activities of the SOCIAL SERVICES BOARD. Colonel Williams advised during his five years of Membership on the SOCIAL SERVICES ADVISORY BOARD, there has been an active interest in the social welfare of the citizens of the City. The implementation of the Social Services Program has been monitored and the members convene on a regular bi-monthly basis. Recommendations have been made to the Director, as required by the Code of Virginia. The City of Virginia Beach currently invests $4,297,468 in local appropriations to operate the Department of SOCIAL SERVICES. However, as the majority of these funds serve as a match for State and Federal Dollars and as the Department determines eligibility for a variety of State and Federal benefits, the total expenditure in Virginia Beach for which the Department is responsible equals $42,744,741. Therefore, the local dollars invested bring in $38,447,273 additional dollars to the City which makes it possible to staff the Department with 239 employees and provide services and benefits to more than 13,399 Virginia Beach families. The Mission of the Department of SOCIAL SERVICES is to make it possible for disadvantaged citizens to enhance their economic, social and physical quality of life. This is done through a pavilion of services that achieve the goal of self-support and self-sufficiency, protection of children and the elderly, prevention of unnecessary institutionalization, as well as provision of resources for emergency food, clothing and shelter. A corner stone of the Department's Strategy is to enhance the foundation of the Intergovernmental and Community Resources that have been developed in Virginia Beach and to improve the coordination and precision with which these resources are focused on meeting the critical needs of the citizens. In carrying out its mission, the Department of SOCIAL SERVICES administers nineteen (19) major programs to serve Virginia Beach citizens. The majority of which are required by Virginia statute. Financial assistant programs include aid to dependent children, food stamps, medicaid, general relief, additional State and Local hospitalization, auxiliary grants, ADC emergency assistance, refugee assistance, fuel assistance and surplus commodities. In the area of SOCIAL SERVICES, the Department provides child protective services, foster care, day care for children, employment services, adult services, family violence prevention services, family mediation, basic needs and CHINS (Counselling to families with children in need of services). Tn recent years, the D&partment has witnessed unprecedented growth in some of these programs. Between fiscal years 1987-1989 and 1990, financial assistance applications received increased from 11,829 to nearly 20,000, an increase of better than 38%. During the same time period, the on-going financial assistance case load increased from 8,415 cases to over 10,000 cases for an increase of better than 29%. Between fiscal year 1985-1986 and fiscal year 1988-1989, the number of child abuse complaints increased from 2,637 to 3,630, an increase of 37.7%. Between fiscal year 1985-1986 and 1988-1989, foster care expenditures increased from $1,033,532 to $2,185,192, an increase of 111%. The number of children receiving day care each month increased from 162 to 359, an increase of 121.6%. As these trends appear to be related to overall growth and changes within the City, there is no evidence they will diminish. The City is rapidly maturing and the increasing presence of social problems is a byproduct of that maturation process. Unfortunately, programs administered by the Department and mandated by Virginia statute do not cover all of the pressing needs in Virginia Beach and often do not address the important area of prevention. Emergency food, clothing and shelter services, services to the homeless, and services to prevent adolescent pregnancy and school drop-outs are but a few of the critical areas in which social services funds from State and Federal Resources are limited or not available at all. The Department is attempting to maximize its productivity through the use of Volunteers, the formation of community partnerships, fee charging and structured reorganization. - 8 - C I T Y M A N A G E R I S B R I E F I N G SOCIAL SERVICES BOARD ITEM # 32665 (Continued) The SOCIAL SERVICES DEPARTMENT is understaffed by thirty-five (35) positions according to State standards and more resources from the City will still be required in the future. Hector A. Rivera, Assistant City Manager for Human Services, will provide information to Councilman Heischober relative an evaluation of the "adopt-a- schooln and nat-risk" programs. Councilman Heischober's business has adopted the "at-risk" children of Lynnhaven Elementary School. - 9 - FY 1990-1991 OPERATING BUDGET WORKSHOP ITEM # 32666 E. Dean Block, Assistant City Manager for Analysis and Evaluation, reviewed the FY 1990-1991 OPERATING BUDGET and responded to City Council inquires commencing with Education, Legislative (City Council and City Clerk), Executive (City Manager), Public Information Office, Law, Finance, Personnel and Courts and Public Defender. The Honorable Kenneth W. Whitehurst, Chief Judge of Virginia Beach Circuit Court, advised two additional Law Clerks were requested within the FY 1990-1991 OPERATING BUDGET. Judge Whitehurst advised the Court was in dire need of these positions, which encompassed a salary range of approximately $23,051 to $25,775, FICA would be $1,786 to $1,972, Health Insurance would be $1,080 and Life Insurance $238. Merit Increases, dependent on the step would be $297 or $326 for a total of $26,752 and $29,416. In Federal Court, each Judge has two Law Clerks. The Judge is briefed in the morning by the Law Clerk relative the case, the issues, the Attorneys and if these cases had been heard previously, the law which held basically on these issues. The Supreme Court, the American Bar Association, and the Committees therefrom have recommended each Circuit Court have at least one Law Clerk for three Judges and one Legal Secretary for each Judge. At the present time, there are only two Legal Secretaries for eight judges. There will be nine judges on October First. The Circuit Court is still operating as existing when a rural community. The Judges are faced with stacks of papers, which must be read and signed by a Judge. It is extremely beneficial to have a Law Clerk examine all of these papers. The State will not fund Law Clerks within their Budget. The City Manager will provide a document of additional requests during the BUDGET WORKSHOPS. - 10 - ITEM # 32667 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on Monday, April 16, 1990, at 1:12 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndort, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 11 - ITEM # 32668 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or ot the disposition of publicly held property, or of the plans for the future of an Institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor t4eyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 12 - VIRGINIA BEACH CITY COUNCIL April 19, 1990 2:00 P.M. Mayor Meyera E. Oberndorf cal led t, rd,r the FORMAL SESSION of the VIRGFNIA BEACH CITY COUNCIL in the Counci I Chambers, Ci ty HAII Bul Iding, on Monday, April 19, 1990, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Pastor James Womble Lansdale Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 13 - Item VII-D.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32669 Upon motion by Vice Mayor Fentress, seconded by Councl Iman Sessoms, City Council ADOPTED: CERTfFICATION OF EXECUTIVE SESSION 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, Onfy such public business matters as were identified In the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbdra M. Henley, Reba S. @IcClanan, John D. Moss, r@ayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Ihformation 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 IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None R@h Hodges-Smith, CMC/AAE City Clerk April 16, 1990 - 14 - Item VII-E.I. MINUTES ITEM # 32670 Upon mot I on by Counc 1 1 woman Parker, secon ded by Counc i I man Sessoms, C i ty Council APPROVED the Minutes of the INFORMAL 8, FORMAL SESSIONS of Apri 1 2, 1990. Voting: 11-0 Council Members Voting Aye: Albert VV. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. tAcClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 15 - Item VII-F.I. PRESENTATION ITEM # 32671 Mayor Oberndorf PRESENTED an HONORARY CITIZEN CERTIFICATE to: Commander Allan D. Wall, USN Roger Pierce, Virginia Beach Council of the Chamber of Commerce, advised the USS TORTUGA will be the first ship ever commissioned in Virginia Beach. The ceremonies will be in November 1990. Commander Wall will be the Commanding Officer of USS TORTUGA. Commander Wall has spent nineteen years in the Military, fifteen of which have been in the Virginia Beach/Norfolk area. Commander Wall advised the USS TORTUGA is currently being built in New Orleans and will be home ported at Little Creek. This is the sixth ship of this class with the Mission of Amphibious Warfare: to embark, to transport, to land and to support Marines wherever and whenever they may be necessary to intervene in the political arena in the world. This ship is over 600 feet long and 16,000 tons, specifically designed to embark and support four (4) air-cushion landing craft and to conduct helicopter operations. The crew is comprised of approximately 350 personnel. - 16 - Item VII-F.2. LABOR DAY COMMUNITY COORDINATION COMMITTEE REPORT AND RECOMMENDATIONS ADD-ON ITEM # 32672 The following citizens registered to speak: E. George Minns, President - NAACP, 4936 Cleveland Street, #114, Phone: 552-0402, spoke relative vending which he did not believe to be unfair competition. Henry Richardson, 2800 Pacific Avenue Phone: 428-2203, WAIVED his right to speak and deferred to the recommendation Sheldon L. Corner, 325 Susan Constant Drive, Phone: 428-1731, spoke in support of Camp Pendleton or the possible alternative site of the picnic area of Oceana Naval Air Station, as the site for activities rather than Redwing Park. Mr. Corner advised on the basis of the work of the Committee and the concern of the community, the policies should be ADOPTED in principle with the details to be subsequently developed. Dr. Harrison Wilson and t@Ir. Andrew Fine, Co-Chairs, Labor Day Community Coordlnatlon Committee, advised on Saturday, April 7, 1990, the LABOR DAY COMMUNITY COORDINATION COMMITTEE met to consider final recommendations related to Labor Day, 1990. The Committee as a whole ADOPTED nineteen (19) proposals. Dr. Wilson and Mr. Fine introduced the Co-Chairs of the various Subcommittees who presented their initial reports. PROGRAM SUBCOMMITTEE Michael Barrett and Carolyn Bell, Co-Chairs LOGISTICS SUBCOMMITTEE Bert Harrison, Acting Co-Chair SECURITY SUBCOMMITTEE Linwood Branch and Ulysses Van Spiva, Co-Chairs PUBLIC INFORMATION SUBCOMMITTEE Flo McDaniel and Charles Reynolds, Co-Chairs COMMUNITY PARTICIPATION SUBCOMMITTEE. Dr. Ronald Proctor and Mary Redd, Co-Chairs PRIVATE SECTOR COMMITTEE Bill Harrison, Co-Chair April 16 1990 - 17 - Item VII-F.2. LABOR DAY COMMUNITY COORDINATION COMMITTEE REPORT AND RECOMMENDATIONS ADD-ON ITEM # 32672 (Continued) Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution receiving the recommendations of the Labor Day Community Coordination Committee, subject to traffic details, satellite parking and the utilization of Redwing Park for Labor Day activities continuing to be examined. The Labor Day Community Coordination Committee will report weekly to the City Council. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None April 16, 1990 RESOLUTION RECEIVING THE RECOMMENDATIONS OF THE LABOR DAY COMMUNITY COORDINATION COMMITTEE WHEREAS, a large number of students and other visitors are expected to gather in Virginia Beach during Labor Day weekend 1990; and WHEREAS, the City of Virginia Beach is committed to providing the opportunity for a pleasant vacation experience for all of its visitors; and WHEREAS, recognizing that a coordination of activities, individual interests, and independent efforts are needed to insure a successful Labor Day 1990, City Council has created a Labor Day Community Coordination Committee; and WHEREAS, the Community Coordination Committee conducted its organizational meeting on March 7, 1990, structuring itself into six Functional Subcommittees; and WHEREAS, meetings have been conducted resulting in recom- mendations from the subcommittees being acted upon by the full committee on Saturday, April 7, 1990; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia: That the City council hereby receives the initial report of the Community Coordination Committee, and authorizes or concurs with the substantive recommendations as follows, subject to the Community Coordination Committee's successful identification of sources of private funding and sponsors: The adoption of "Laborfest 19011 as the official name for the 1990 Labor Day weekend. Affirms and appreciates the Norfolk State University (NSU) efforts to stage and provide for major special events and encourages NSU to proceed with their planning. Vending to be permitted at the site(s) of special events during the weekend, subject to proper licensing and in compliance with the City's Special Events Policy. Authorization to close to vehicular traffic Atlantic Avenue between the loop and 40th Street and Pacific Avenue between 9th Street and 31st Street from 7:00 p.m. on Friday, August 31, 1990 and 6:00 a.m. on Tuesday, Sepptember 3, 1990, subject to requirements of event planning, security and approved traffic control plans. The creation of satellite parking areas to facilitate the flow of traffic and movement of people for the weekend. The implementation of a 900 telephone line to facilitate conununications regarding the city, events and services. Endorsement of the community relations and public information proposals. The expansion of Courtesy Patrols to include trained volunteers from the community and students. Authorization to utilize the Pavilion conference center facilities for appropriate events depending upon avail- ability of space. Authorization to use Redwing Park on Saturday and Sunday of Labor Day weekend for the staging of events and activities. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Community Coordination Committee is encouraged to continue its work toward a successful Labor Day celebration. Adopted by the Council of the City of Virginia Beach on this the 16 day of April, 1990. - 18 - Item VII -G. PUBLIC HEARING PLANNING ITEM # 32673 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. PLANNING (a) ALOT CORPORATION CONDITIONAL USE PERMIT - 19 - Item VII-G.1 PUBLIC HEARING PLANNING ITEM # 32674 The following registered to speak in SUPPORT of the application: Douglas Talbot, 952 Hurds Road, Phone: 463-3060, President of ALOT Corporation Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of Alk)T CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ALOT CORPORATION FOR A CONDITIONAL USE PERMIT FOR A BORROW PTT R04901296 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ALOT Corporation for a Conditional Use Permit for a borrow pit on certain property located 300 feet more or less northeast of the northern terminus of Buyrn Circle. Said parcel contains 6.41 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The use permit is approved for a period of one year. 2. An excavation permit is required from the Department of Public Works. 3. There will be no further excavation within 100 feet of the exterior property line. 4. No homes to be built along the subdivision access road leading to the borrow pit shall be occupied until the borrow pit operation has been completed. 5. The entrance to the property shall be widened along Holland Road and turning movements both right and left provided for a free flow onto the site and to enable no disturbance to turning traffic both during the hauling process and after the subdivisions have been completed. 6. In order to insure proper traffic circulation and proper traffic controi, and also keep materials from tracking onto Holland Road, an employee will be stationed on Holland Road at the entrance to the haul road to insure the haul road is kept clear. 7. The dewatering operation will only discharge ground water and stormwater, which is pristine clear, into West Neck Canal. 8. A notation will be made on the deed citing the four lots fronting on the lake, the existence of the swale and the drainange purposes for which it exists. All banks shall be smooth and properly finished. - 20 - Item VII-G.1 PUBLIC REARING PLANNING ITEM # 32674 (Continued) 9. The depth of the pit shall be no greater than 40 feet at its deepest point. 10. Side slopes of the pond shall be no steeper than one foot rise to three feet run. 11. Shallow "bench" area shall be established around the perimeter of the pond made from overburden at the pit site. This bench will be utilized to reestablish wetlands impacted during pit construction and function as a filter for nonpoint source runoff exiting the pit as sheet flow. 12. All spoil material which has eroded or been placed in wetlands areas shall be removed. 13. The two western-most outfalls in the subdivision which do not exit directly to the pit shall be equipped with energy dissipators to preclude scouring of adjacent wetlands. A shallow swale shall be created to direct runoff from these outfalls to the pit to enhance water quality. The swale will run immediately adjacent to the toe of slope for adjoining subdivision lots and shall be stabilized with wetlands vegetation. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth of April, Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 21 - Item VII -H. CONSENT AGENDA ITEM # 32675 Upon motion by Counci Iman Balko, seconded by Vice Mayor Fentress, City Counci I APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 22 - Item VII-H.1 CONSENT AGENDA ITEM # 32676 Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution referring to the Planning Commission proposed Amendments re certain fees: Sections 106, 107(g) and 221(b) of th, City Zoning Ordinance; Sections 8.1 and 8.3 of the Subdivision Ordinance; Section 3.2(A.2) of the Sjte Plan Ordinance. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None APP?OVAP AS T I A RESOLUTION REFERRING TO THE 2 PLANNING COMMISSION PROPOSED AMENDMENTS 3 TO SECTIONS 106, 107 AND 221 OF THE 4 CITY ZONING ORDINANCE; SECTIONS 8.1 AND 8.3 5 OF THE SUBDIVISION ORDINANCE; AND 6 SECTION 3.2 OF THE SITE PLAN ORDINANCE, 7 PERTAINING TO CERTAIN FEES 8 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That the proposed ordinances attached hereto, amending 11 Sections 106, 107 and 221 of the City Zoning Ordinance, Sections 12 8.1 and 8.3 of the Subdivision Ordinance and Section 3.2 of the 13 Site Plan ordinance, all of which pertain to certain fees, be, and 14 hereby are, referred to the Planning Commission for consideration 15 and recommendation. 16 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That the Planning Commission is hereby requested to make 19 its formal recommendation concerning the proposed ordinances at its 20 meeting of May 8, 1990. 21 Adopted by the City Council of the City of Virginia 22 Beach, Virginia, on the 16 day of April 1990. 23 WMM/dhh 24 CA-90-3709 25 0 4 /05/90 26 \ordin\noncode\fee.res LU AZ) SIGNA7',' E: DEPARI'MENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORtl-ly 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 106 OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO FEES FOR APPLICATIONS 4 TO THE BOARD OF ZONING APPEALS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 106 of the City Zoning Ordinance of the City 8 of Virginia Beach be, and hereby is, amended and reordained to read 9 as follows: 10 Section 106. Appeals and variances. 11 (a) The board of zoning appeals shall hear and decide 12 appeals from any order, requirement, decision, or determination 13 made by an administrative officer in the administration or 14 enforcement of this ordinance. In addition thereto, the board 5 shall have such other powers and duties as are set forth in section 6 15.1-495 of the Code of Virginia, provided, however, that the board 7 shall have no authority to hear and decide applications for 8 conditio@41 use permits. 9 (b) The membership, organization and procedures of the 0 board of zoning appeals shall be as set forth in sections 15.1-494 1 through 15.1-497 of the Code of Virginia, 1950, as amended. In the 2 event the board denies an application for a variance, substantially 3 the same application shall not be considered by the board for a 4 period of one year from the date of denial. 5 (c) Every application to the board of zoning appeals 6 shall be accompanied by a fee of one hundred five dollars 7 ($105.00), which shall be applied to the costs of advertising and 8 expenses incidental to the processing of the application. 9 (d) In regard to article 12 and the National Flood 0 Insurance Program, variances should only be issued for new 1 construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded 33 by lots with existing structures constructed below the base flood 34 level, in conformance with the procedures below: 35 (1) Variances shall only be issued upon a showing of 36 good and sufficient cause, a determination that failure to cirant 37 the variance would result in exceptional hardship to the applicant, 38 and a determination that the granting of a variance will not result ,3.9 in increased flood heights, additional threats to public safety, 40 extraordinary public expense, create nuisances, cause fraud on r 41 victimization of the public, or conflict with existing local laws 42 or ordinances. 43 (2) Variances shall only be issued upon a determination 44 that the variance is the minimum necessary, considering the flood 45 hazard, to afford relief. 46 (3) The City of Virginia Beach shall notify the 47 applicant in writing over the signature of a city official that the 48 issuance of a variance to construct a structure below the base 49 flood level will result in incre-ased premium rates for flood 50 insurance up to amounts as high as twenty-f ive dollars ($25. 00) per 51 one hundred dollars ($loo.oo) of insurance coverage, and such 52 construction below the base flood level increases risks to life 53 and prop@r'ty. Such notification shall be maintained with a record 4 of all variances actions as required in paragraph (4) below. 5 (4) The City of Virginia Beach shall maintain a record 6 of all variance actions, including justification for their 7 issuance, and report such variances issued in its annual report 8 submitted to the administrator. 9 This ordinance shall become effective on July 2, 1990. 0 Adopted by the City Council of the City of Virginia 1 Beach, Virginia, on the_ day of 1990 WMM/dga CA-3701 04/04/90 04/10/90 \ordin\proposed\czolO6.ord 2 10 1.70AL SUFFICIENCY P-,ND FORM I CITY AT-RORNEY 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTION 107(g) op THE CITY ZONING ORDINANCE, PERTAINING TO FEES FOR ZONING AMENDMENTS 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That section 107(g) of the City Zoning Ordinance of the 7 CitY Of Virginia Beach be, and hereby is, amended and reordained 8 to read as follows: 9 Section 107. Amendments. 10 .... 11 (g) Fee. A petition of any property owner to amend, 12 supplement or change the regulations, district boundaries, or 13 classification of property shall be accompanied by a fee in the 14 amount of five hundred @ dollars 15 5.00 plus ten dollars ($10.00) per acre for each acre or part 16 thereof over one hundred (100) acres. 17 .... 18 This ordinance shall become effective on July 2, 1990. 19 Adopted by the City Council of the City of Virginia 20 Beach, Virginia, on the_ day of 1990. 21 WMM/dhh 22 CA-90-3702 23 04/04/90 24 04/10/90 25 \ordin\proposed\czolO7.ord D AP;IIROVEP, AS 1-0 LE--AL SUFFICIE@@'CY A@ID FG-;,M CITY ATTO.@\@Cy 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 221(b) OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO FEES FOR CONDITIONAL USE PERMIT APPLICATIONS 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5 VIRGINIA BEACH, VIRGINIA: 6 That Section 221(b) of the CitY Zoning Ordinance of the 7 City of Virginia Beach be, and hereby is, amended and reordained 8 to read as follows: 9 Section 221. Procedural reauirements and general standards for 10 conditional u@es. 11 12 (b) Fees. The application shall be accompanied by the 13 following fees to cover the costs of processing the application 14 and publication of the notice of public hearing: 15 Six hundred dollars 8.00 for 16 all applications except: 17 (-I) "'Those either subraitted by a non-profit 18 organization or an application for a home 19 occupation under SS 234 of the city zoning 20 ordinance. The fee for these applications 21 shall be one hundred hirt 22 dollars 0.00 ; or 3 (2) Those submitted to allow a single-family 4 dwelling in AG-1 zoning. The fee for these 5 applications shall be fifty@wo dollars 6 .00 - 7 This ordinance shall become effective on July 2, 1990. 8 Adopted by the City Council of the City of Virginia 9Beach, Virginia, on the_ day of 1990. WMM/dga CA-90-3699 04/04/90 04/10/90 \ordin\proposed\CZ0221.ord @IGNATU DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY A7'rORNEY 2 AN OliDINANCE TO AMEND AND REORDAIN SECTION 8.1 OF THE SUBDIVISION ORDINANCE 3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO SUBDIVISION PLAT FEES 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 That Section 8.:L of the.Subdivision Ordinance of the City 8 Of Virginia Beach be, and hereby is, amended and reordained to read 9 as follows: 10 Section 8.1. Plat fees. 11 (a) At the time preliminary subdivision plats are submitted, 12 the following fees shall be due and payable from the effective date 13 of this ordinance: 14 1) Residential two (2) lot plats - two hundred l@n e 15 dollars 9.00 1 6 2 ) Residential three (3) to (5) five lot plats - five 1 7 hundred dollars -00 Plus one 18 hund@ed fou-r dollars .00 per lot. 1 9 3) Residential six (6) or more lot plats - seven hundred 20 thirty-four dollars .00 Plus five dollars 21 ($5.00) per lot after the first five (5) lots. 22 4) Non-residential plats - seven hu,dred 23 dollars 2.00 plus thirty@wo dollars 4 .00 per lot. 5 (b) At the time construction plans are submitted for 6residential subdivisions Of six or inore lot plats or for any non- 7residential subdivisions, the following fees shall be due and 8payable from the effective date of this ordinance: 9 one hundred fifty even dollars 0 7-00 Plus fifty hree dollars 1 .00 per hundred (100) linear feet of roadway. 3 3 (C) At the time final subdivision Plats are submitted, the 34 f ollowing f ees shall be due and payable f rom the ef f ective date of 35 t@is ordinance: 36 1) Residential six (6) or more lot plats - three 317, hundred @ dollars 38 plus five dollars ($5.00) per lot after the first five 39 (5) lots. 40 2) Non-residential plats - three hundred 41 dollars $360.00) plus thirty i@ve dollars 42 $35.00) per lot. 43 (d) If an applicant, at any time during subdivision review, 44 submits a revised plan or portion thereof, or makes a change to 45 the plan under review not at the request of the City of Virginia 46 Beach, such revision shall be accompanied by a fee of one hundred 47 f ive dollars $105.00) per sheet that is revised or 48 changed. 49 (e) If a subdivision plat does not create a greater number 50 of lots, such plat when submitted shall be accompanied by the 51 following fees: 52 1) Residential plat - fifty@wo dollars 53 L$52.00). 54 2) Non-residential plat - two hundred nine dollars 55 ($209.00). 56 (f) When a plat is submitted encompassing land within a 57 community development target area, no plat fee shall be due from 58 property owners who qualify as low and moderate income as 59 determined by the secretary of housing and urban development or by 60 the Virginia Housing Development Authority under one (1) or more 61 of their rental assistance or homeowner mortgage programs. Through 62 agreement with the city, waiver of plat fees may also be provided 63 to builders who are building under the aforementioned programs for 4low and moderate income families. 5 (g) All fees shall be payable to the city treasurer. 6 This ordinance shall become effective on July 2, 1990. 2 67 Adopted by the City Council of the City of Virginia Beach, 68 Virginia, on the _ day of 1 1990. 69 WMM/dhh 70 CA-90-3704 171 04/04/90 72 04/10/90 73 \ordin\proposed\sub8-l.ord @,,i I 3 APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ArrORNEY I AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 8.3 OF THE SUBDIVISION ORDINANCE 3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO SUBDIVISION VARI ANCE FEES' 5 BE IT ORDATNED BY THE CITY COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 That Section 8.3 of the Subdivision Ordinance of the City 8 of Virginia Beach be, and hereby is, amended and reordained to read 9 as follows: 10 Section 8.3. subdivision variance fees. 11 Any appeal for a variance shall be accompanied by the 12 following fees to cover the costs of process-ing the appeal and 13 Publication of the notice of public hearing: 14 From the effective date of this ordinance, 15 four huncdtredd three dollars $4o3.oo) 16 This ordinance shall become effective on July 2, 1990. 17 Adopted by the city Council of the CitY of Virginia 18 Beach, Virginia, on the- day of 1990. 19 WMM/dga 20 CA-90-3706 21 04/04/90 22 04/10/90 23 \ordin\proposed\sub8-3.ord AP@R nsic@:! DEPAP',MEt4T APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY I AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 3.2 OF THE SITE PLAN ORDINANCE 3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO FEES FOR SITE PLAN REVIEW 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 3.2 of the Site Plan Ordinance of the City 8 of Virginia Beach be, and hereby is, amended and reordained to read 9 as follows: 10 Section 3.2. Procedure for site development plan approval: 11 A.l. The developer shall cause to be prepared a site 12 development plan with other material as set forth i, 13 sections 4 and 5. 14 A-2- At the time the site development plan is presented, the 15 following fees shall be due and payable: 16 a) Residential site plan for two (2) or more residences 17 - six hundred dollars goo 18 plus twenty dollars ($20.00) per unit after the first 19 five (5) residential units. 20 b) Non-residential site plan - eight hundred rt - 21 even dollars .00 plus sixty hree 22 dollars .00 per acre. 23 C) Duplex site plan - four hundred teen dollars 24 .00 - 25 d) There shall be no site plan review fee charged for 26 a site plan encompassing only one (1) single family 27 dwelling unit. 28 e) There shall be no resubmission fee for any site plan 29 resubmitted within sixty (60) days of the date of 30 completion of the prior review. 31 All fees shall be payable to the city treasurer. 32 B. After the site development plan, related materials and 33 fees have been submitted, it shall be reviewed and 34 processed by the city agent and other affected city 35 agencies for conformity to this ordinance and other 36 applicable regulations. The city agent shall act upon 37 the site development plan and related material as 38 SUbMitted by the developer, Or as modified by the site 39 development review process, within twenty (20) working 40 days, unless extensive modification tc) the plan or '41 extenuating circumstances require additional time, and 42 if approved, shall certify its approval and state the 43 conditions of such approval, if any, or if disapproved, 44 shall indicate its disapproval and the reasons therefor. 45 This ordinance shall become effective on July 2, 1990. 46 Adopted by the CitY Council of the City of Virginia 47 Beach, Virginia, on the- day of 1990. 48 WMM/dga 49 CA-90-3700 50 04/04/90 51 04/10/go 52 \ordin\proposed\46-302.ord 2 - 23 - Item VII-H.2 CONSENT AGENDA ITEM # 32677 Upon motion by Counci I man Ba I ko, seconded by Vice Mayor Fen tress, C i ty Coun c i I ADOPTED: Ordinance granting a franchise to Fogg's Seafood Co., Inc., re open atr/stub street park cafe (415 Atlantic Avenue); and, authorizing and directing the City Manager to enter into a franchise agreement. Voting: 11-0 Council Nlembers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent; None 1 AN ORDINANCE GRANTING A FRANCHISE TO FOGG'S 2 SEAFOOD CO., INC., ("GRANTEE") TO OPERATE AN 3 OPEN AIR/STUB STREET PARK CAFE' SUBJECT TO THE 4 CONDITIONS CONTAINED AND/OR REFERENCED HEREIN, 5 AND AUTHORIZING AND DIRECTING THE CITY MANAGER 6 TO ENTER INTO A FRANCHISE AGREEMENT WITH THE 7 GRANTEE 8 WHEREAS, the City has adopted regulations for the operation 9 of open air cafe's on public property along the boardwalk and on 10 stub street parks; and 11 WHEREAS, Fogg's Seafood Co., Inc. (t/a Fogg's Seafood 12 Restaurant) has submitted an application for the operation of an 13 open air/stub street park cafe' and has paid the application fee; 14 and 15 WHEREAS, the representations made in the application comply 16 with the afore-mentioned regulations; and 17 WHEREAS, City Council has been advised by the Office of the 18 City Manager that the proposed cafe' would have no detrimental 19 effects on the public health, safety, welfare, or interest. 20 NOW, THEREFORE, be it ordained by the Council of the City of 21 Virginia Beach, Virginia: 22 That a franchise is hereby granted to Fogg Is Seafood Co. , Inc. 23 to operate an open air/stub street park cafe' at 415 Atlantic 24 Avenue, Virginia Beach, Virginia 23451, from May 1, 1990 to April 25 30, 1991, conditioned on provision by the Grantee and acceptance 26 by the City of an approved final site plan, liability insurance 27 coverage, a security bond, the applicable franchise fee, and on 28 such other conditions as are required by the regulations and the 29 Franchise Agreement; and 30 That the City Manager is hereby authorized and directed to 31 enter into a Franchise Agreement with the Grantee subject to the 32 afore-mentioned conditions. 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia, on the 16 day of April 1990. 35 RMB/sam 36 Foggs.ord 37 04/05/90 - 24 - Item VII-H.3 CONSENT AGENDA ITEM # 32678 Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Counci I ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $50,000 to the Courthouse Volunteer Rescue Squad re purchase of an ambulance. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, r4ayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $50,000 TO THE COURTHOUSE VOLUNTEER RESCUE SQUAD FOR PURCHASE OF AN AMBULANCE WHEREAS, the city assists volunteer rescue squads in purchasing major equipment through loans, grants, or direct purchases, depending on a squad's ability to pay, and WHEREAS, the Courthouse Volunteer Rescue Squad has identified a need for an ambulance to enhance its first line rescue operations, and WHEREAS, the Courthouse Volunteer Rescue Squad has requested from the city a four year, non-interest bearing loan in the amount of $50,000 for purchase of such equipment and appears to have the ability to repay the funds. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $50,000 be appropriated by the City of Virginia Beach from the General Fund Balance to the Courthouse Volunteer Rescue Squad for the purchase of an ambulance. It is anticipated that these funds will be repaid on the following schedule: April 1, 1991 $12,500 April 1, 1992 $12,500 April 1, 1993 $12,500 April 1, 1994 $12,500 Total 000 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 day of April 1990. First Reading April 2, 1990 Second Reading April 16, 1990 - 25 - Item VII-H.4 CONSENT AGENDA ITEM # 32679 Upon motion by Councilman Balko, seconded by Vice rlayor Fentress, City Counci I APPROVED upon FIRST READING: Ordinance to APPROPRIATE $175,000 from General Fund Balance to initiate risk and remediation assessments at nine underground storage tank sites. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice raayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McC[anan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE $175,000 FROM 2 GENERAL FUND BAIANCE TO INITIATE RISK 3 AND REMEDIATION ASSESSMENTS AT NINE 4 UNDERGROUND STORAGE TANK SITES 5 WHEREAS, in 1989, State Water Control Board regulations went into effect 6 requiring owners of underground storage tanks to provide leak protection, 7 corrosion protection, and spill/overfill protection on all tanks by certain dates 8 depending primarily on the age of the tanks; 9 WHEREAS, Board regulations also require stringent cleanup provisions of 10 underground storage tank sites should a leak occur; 11 WHEREAS, the City Garage recently identified nine sites which have leaking 12 underground storage tanks and have discontinued use of the tanks at these sites; 13 WHEREAS, the State Water Control Board requires risk and remediation 14 assessments at each site by May 1, 1990 to determine in part the extent of 15 contaminated soil and ground water; 16 WHERF-AS, General Services has estimated the cost of contracting with a firm 17 to conduct risk and remediation assessments at $175,000; 18 NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA, that funds in the amount of $175,000 be appropriated from General Fund 20 Balance for conducting risk and remediation assessments at nine sites where 21 underground storage tanks have been found leaking. 22 Adopted by the Council of the City of Virginia Beach, Virginia, this 23 day of , 1990. 24 This ordinance shall be in effect from the date of its adoption. 25 First Reading: April 16, 1990 26 Second Reading: - 26 - Item VII-H.5 CONSENT AGENDA ITEM # 32679 Upon motion by Counci Iman Balko, seconded by Vice Mayor Fentress, City Counci I ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of 76th Street to Alan and Delorls Bartel re existing block wall (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. Prior to any construction within the existing public right-of-way, the owner or his agent shall obtain a permit from the Highway Inspections Bureau. 5. Prior to issuance of a Highway permit, the owner or his agent must post a Performance Bond and show proof of public liability (minimum $300,000). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Nloss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE 6 RIGHT-OF-WAY OF 76th 7 STREET TO ALAN BARTEL AND 8 DELORIS BARTEL, THEIR 9 HEIRS, ASSIGNS AND 10 SUCCESSORS IN TITLE 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That pursuant to the authority and to the extent 15 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 16 amended, Alan Bartel and Delcris Bartel, their heirs, assigns and 17 successors in title are authorized to construct and maintain a 18 temporary encroachment into the right-of-way of 76th Street. 19 That the temporary encroachment herein authorized is 20 for the purpose of maintaining a block wall and that said 21 encroachment shall be maintained in accordance with the City of 22 Virginia Beach Public Works Department's specifications as to 23 size, alignment and location, and further that such temporary 24 encroachment is more particularly described as follows: 25 26 An area of encroachment into a 27 portion of the City's right-of-way 28 known as 76th Street, on the 29 certain plat entitled: "EXHIBIT A 30 SHOWING ENCROACHMENT OF CONCRETE 31 WALK, BLOCK WALL AND BRICK PLANTER 32 INTO RIGHT-OF-WAY OF 76TH STREET,', 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 38 PROVIDED, HOWEVER, that the temporary encroachment 39 herein authorized shall terminate upon notice by the City of 40 Virginia Beach to Alan Bartel and Deloris Bartel their heirs, 41 assigns and successors in title and that within thirty (30) days 42 after such notice is given, said encroachment shall be removed 43 from the City's right-of-way of 76th Street and that Alan Bartel 44 and Deloris Bartel, their heirs, assigns and successors in title 45 shall bear all costs and expenses of such removal. 46 AND, PROVIDED FURTHER, that it is expressly understood 47 and agreed that Alan Bartel and Deloris Bartel, 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 52 or defend an action arising out of the location or existence of 53 such encroachment. 54 AND, PROVIDED FURTHER, that this ordinance shall not be 55 in effect until such time that Alan Bartel and Deloris Bartel 56 execute an agreement with the City of Virginia Beach encompassing 57 the afore-mentioned provisions. 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the 16 day of April 19 90 60 61 62 EEF/kg 63 2-15-90date 64 CA-3638 65 (encroach\Bartel.ord) AppROVED AS TO C@t'4 APPRO@f@@', T.@.) L@.-AL 2 MERIOIAN SOURCE tQ 21 4i m BRICK WALL SHALL BE -VED, op -9 4 .@91\ 2 00 Rm I o@. 9 1 WATER SERV,CE 1. O.- "vV. 8. 70 w m. o Rlw /8' R W r-A (M.B. 7, PO. 102) oh 07'. /e, ... w 'j@ glo - 4 SP 9'- 36' cotv ii, eo Rr) -REA(OVE EXI$T. WATER SERVI@ LATERAL AS REQUIRED UTILITIES FOR unir 'O' SEE SPECIAL NOTE I L N GRAVEL DRIVE, NOTE8 @OCK WALL PROF S' -D@P sis. 0 p SHALL BE REMOVED SEE SPECIAL A(OTE5 39.308 Po $ 07- Is' 00- E 90.00' ATLINTIF 50'L x 15' W x 6' THICK TEMPORARY CONSTRUCTION ENTRANCE. VDOT AGGREGATE NO. 1 (2- 3 INCH STONE) p1.1;@ SHALL BE USED EXHIBIT A SHOWING ENCROACHMENT OF CONCRETE WALK, BLOCK WALL AND BRICK PLANTER INTO RIGHT-OF-WAY OF 76TH STREET FOR: BARTEL DUPLEX (DP88-10-10-L3) OCTOBER 18, 1989 SEE GRID LS Old C ... t G ... d S.fi.. Mlclo THIS AGREEMENT, made this day of 1990, by and between the CITY OF VIRGINTA BEACH, VIRGINIA, a municipal corporation, party of the first part, and Alan Bartel and Deloris Bartel, husband and wife and their heirs, assigns and successors in title, party of the second part. 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 block wall to remain in the City of Virginia Beach; and WHEREAS, in maintaining such block wall, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as 76th Street; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such block wall within a portion of the City' s right-of -way known as 76th Street: 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 GPIN NO. as 76th Street for the purpose of constructing and maintaining su.ch block wall: It is expressly understood and agreed that such temporary encroachment will be maintained in accordance with the laws of the Conunonwealth 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 76th Street as shown on that certain plat entitled: "EXHIBIT A SHOWING ENCROACHMENT OF CONCRETE WALK, BLOCK WALL AND BRICK PLANTER INTO RIGHT-OF-WAY OF 76TH STREET," a copy of which is attached hereto aS Exhibit "All and to which reference is made for a more particular description. It is further expressly understood and agl;eed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as 76th Street by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including 2 reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. 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 Highway Inspections Bureau prior to commencing any construction within the City's right-of-way. 3 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 mi.nimum of Three Hundred Thousand Dollars ($300,000.00). 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 part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what-would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Alan Bartel and Deloris Bartel, the said party of the second part has caused this Agreement to be executed by their signatures and seals duly affixed. Further, 4 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 0-ity Manager (SEAL) ATTEST: City Clerk By Alan Bartd-Y B@ Delori.s Bartel STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, I a Notary Public in and for the City and State aforesaid, do hereby certify tha.t AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing 5