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HomeMy WebLinkAboutMARCH 5, 1990 MINUTES Cit@ C)-f "WORLD'S LARGEST RESORT CITY" CUY COUNCIL MAM@ M@E@ E. 0.@--@ A, IIC. MAYOR RO@@- E. PE@@. @Rl . -@0, -h JOHN A. -U., -RO@ HEIXH.@.. HENUY, P.- -0 P.- @- @@@ 101. M. K-,. -,h l@CY X .@ER, Al U,@ JOHN L PE.Y, @,@AM D JR,, A, .1 C@ IIALL AUBUY JR., Cill --l@ CITY COUNCIL AGENDA MUNICIPAL CEWER @lR@.IA USU@ L .@Y, Cil A,-, R@H HO@. W@H, CMCI@E, Cil, C@ March 5, 1990 ITEM 1. CITY MANAGERIS BRIEFINGS A. VIRGINIA BEACH RECREATION CENTER - Conference Room - 11:00 AM Charles R. Krummell, Architect B. LABOR DAY 1990 - Conference Roorn - 11:30 AM Henry Mitchum United States Department of Justice Office of Corrrn unity Relat ions Se rv Ice ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Room - 12: NOON A. CITY COUNCIL CONCERNS ITEN 111. L U N C H - Conference Room - 12:20 PM ITEM IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. NOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Father Donald Gross Church of The Hoiy Apostles B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - February 26, 1990 F. RESOLUTION 1. Resolution recornmending acquisition of property, Alignment IA, Constitution Drive Flyover (CIP 2-007). (Alignment IA approved July 10, 1989) DEFERRED February 20, 1990. G. ORDINANCES 1. Ordinance to authorize a teinporary encroachment Into a portion of the right-of-way of 61st Street to James P. and Pat 0. Baker re Installation of a retaining wall (LYNNHAVEN BOROUGH). 2. Ordinance to authorize a temporary encroachment into the City's property known as Treasure Cove to Rober-t and Janet Rowland re installation of a bulkhead (LYNNHAVEN BOROUGH). 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 frcm the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to ADD Section 6-33 of the Code of the City of Virginia Beach, Virginia, re marinas and registration of vessels. 2. Ordinance to AMEND and REORDAIN Section 18.74 of the Code of the City of Virginia Beach, Virginia, re payment of license tax by commission merchants engaged in commercial service businesses. 3. LOW BID: DJW CONSTRUCTION Beach Restoration/ $451,000 COMPANY, INC. Maintenance 1990 1. APPOINTMENT SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT CITY COUNCIL SESSION RESCHEDULED APRIL 30, 1990 2:00 PM (Planning Items) RESCHEDULE OF APRIL 9, 1990 "PASSOVER" HOLIDAY 3/1/90 lbs M I N U T E S VIRGfNfA BEACH CITY COUNCIL Virginia Beach, Virginia March 5, 1990 The CITY MANAGER'S BRIEFING relative VIRCINIA BF-ACH RECREATION CWM to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf i, the Conference Room, City Hall, on Monday, March 5, 1990, at 11:00 A.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 and Nancy K. Parker Council Members Absent: Councilman John L. Perry (ENTERED: 11:12 A.M.) Councilman William D. Sessoms, Jr. (OUT OF CITY ON FAMILY VACATION.) - 2 - C I T Y M A N G E R 'S B R I E F I N G VIRGINIA BEACH RECREATION CENTER 11:00 A.M. ITEM # 32493 Charles R. Krummel, Architect, advised his firm has been involved in the Virginia Beach Recreation Center since being notified of their selection as the consultant on August 28, 1984. The Consultant negotiated the contract and signed same on December 28, 1984, even though the date was November 18, 1984. On September 25, 1984, authorization to proceed was received. In the program, the Consultant was requested to present seven possible solutions for a recreational facility. Prices for a recreation facility were presented exceeding $8-MILLION. The cost of the pool facility was approximated to be over $700,000. The bids were received on July 7, 1988, and the construction contact was signed on August 8, 1988. At that point in time, the bids came in below the budget and the actual pool portion came in below the estimated construction value of the pool by approximately $40,000. When Mr. Krummel's firm was interviewed in July 1984, Mr. Costello, the pool consultant, accompanied them on said interview. Iiis credentials had been checked with several individuals for whom he had constructed pools. Mr. Costello described the t ype of pool he designed. Mr. Krummel advised of his firm's complete confidence in the design of Mr. Costello's pool. Mr. Costello did not involve himself initially in any of the design effort other than to provide information during the programing stage relative dollar amounts and space requirements for different size pools. Mr. Costello was registered in the State of Virginia on June 24, 1986. Mr. Krummel received the supplemental authorization on July 21, 1986, which finally gave the actual physical size and shape of the pool. Mr. Krummel proceeded with the construction and design/development documents, awarded a contract, the Virginia Beach Recreation Center is now under construction and soon to be completed. The actual pool is not a typical one. This is a public facility. Safety precautions should be and are the utmost priority. Doug Ducharme, Project Architect, described the pool currently under construction at the Great Neck Site, soon to be under construction at Bayside and hopefully in the near future at the Southeast site. The pool is 25 meters or 82 feet x 25 yards. It also has a small shallow area (30 feet x 30 feet), immediately adjacent which is to be used for instruction. The key features of said pool are a proven filtration system, which has been in use in some instances for 19 years with very little maintenance. All of the components of the filtration system are stainless steel. This is a deck level swimming pool and was developed with the University of Illinois in the late 1960's. The water is basically at floor level. The floor around the outside of the pool slopes down toward the pool. There is a continuous supply of fresh water from the bottom of the pool which rises up and pushes the dirty water out over the edge of the pool. This system is felt to result in the most efficient and clean type of water. The pool will have all tile finishes which is not only durable but low maintenance. In the room in which the pool is located, the lights do not shine directly onto the water but rather shine up to illuminate the ceiling creating a soft glow of light. In addition, there are underwater iights in the pool, which are easily accessed from the watered area. These lights will provide a high degree of safety. The tile bottom of the pool is white for high contrast and high reflectivity. The mechanical equipment that heats and ventilates the space is unique in that it is integral with a coping system around the perimeter of the pool. The system creates two separate zones. One zone over the water is moist and a very high temperature, approximately 83 to 86 degrees. Outside of the pool area on the deck, is a lower temperature and humidity. Many safety features have been designed into the building. With the sloping decks around the pool, the possibility of standing water has been eliminated. A hand grip is around the outer edge of the pool. There is twelve feet of depth in the pool near the diving area. - 3 - C f T Y M A N G E R 'S B R I E F I N G VIRGfNIA BEACH RECREATION CENTER ITEM # 32493 (Continued) Jim Weschier, Construction Admin istrator of the Project, advised the Virgin ia Beach Recreation Center started construction under the 1984 Virgin la Unifor7n Statewide Bui Iding Code. As new safety requirements for the use of lead were adopted in the 1987 Bul Iding Code, the Consultants decided they would be viewing this pool under the same strict requirements of the 1987 Code for the use of lead. Mr. Wescheler was contacted on February 22, 1990, by a general contractor after a preliminary invest igation of the f i Iters. He had a concern lead might be present in the filtering system. Mr. Weschler performed an Independent test fo r lead. All three filtering elements contained some percentage of lead. The general contractor was informed along with representatives of Virginia Beach in attendance. At the same time, Mr. Weschler reviewed a chemical storage tank, which oontains the chlorine and simple chemicals for the building. The tank bore an ASME Stamp of 1980. Because the tank was of a nonstainless steel character, the tank was roj ected and notification was made that same must be replaced. A confirmation letter of the verbal directive was forwarded to the contractor stating on February Twenty- sixth that the tilter elements and chemical storage tank were rejected. A final copy of this draft was forwarded on March Second. The supplier, Kinematics, fncorporated, notified the filter problems will be corrected and the chemical storage tank will be replaced with a date after the 1989 construction start. The lead contact in the filter system was rejected prior to the publication of the VIRGINIA-PILOT LEDGER STAR newspaper articles. Mr. Krummel advised the supplier has developed a method by which a stainless steel collar will be put around the end of the filtration system and a special crimping tool to crimp it. It will be cut off and the lead portion removed,thus resulting in a completely stainless steel filtration systern. Mr. Kruninel reiterated his confidence in the consultant, Mr. Costello, and would not hesitate to hire him again. Mr. Krurmel advised the system selected is based on an overall life cycle cost. The system has been approved by the State Department of Health. Mr. Krurnmel will provide information relative the nljmbf,,r of bidders on the project and the specifications. The specifications did not limit who could bid. - 4 - C IT Y MANA GE R ' S B R I E F IN G LABOR DAY 1990 11:40 P.M. ITEM # 32494 Henry Mitchum, Conciliation Specialist, United States Department of Justice - Community Relations Service, with his partner Frank Tyler addressed the Council relative mediation which could be provided in assisting in the preparations for LABOR DAY 1990 to create a sense of trust and understanding. The Community Relations Service was established by the Civil Rights Act of 1964 to assist local communities in resolving disputes and conflicts based on race, color or national origin. The CRS are mediators, professional neutrals who assist local officials and groups operate and work together. CRS does not investigate, enforce laws or litigate. An important function is assisting communities prepare, plan and manage special events. As this applies to Virginia Beach, Messrs Mitchum and Tyler have met with a broad spectrum of public officials and community leaders to explore lessons learned from past years and how to be of assistance to plan for a peaceful and successful LABOR DAY 1990. Mr. Tyler gave a presentation at Norfolk State National Leadership Summit in January on ways the community might organize for special events. CRS has not and will not conduct investigations, or issue public reports relative Labor Day events or other special events. Only internal reports are issued to the Department of Justice. Some of the potential areas of assistance provided by CRS include: Providing technical assistance in the establishment of information/ rumor control centers, media centers and complaint centers. Assisting with the design of courtesy patrols or other programs. Conducting critical reviews of proposed special events, planning and special operations plans. Serving as a resource to involve agencies and groups in assuring there is good communication and cooperation. CRS does not investigate or litigate. Unlike other Federal Agencies, public reports are not issued and public hearings are not conducted. The Services of CRS are of no cost to the City. CRS is limited by time constraints and budget in providing assistance, but is optimistic about the progress made and the plans for LABOR DAY 1990. Mr. Tyler advised there is a Civil Rights Division in the Department of Justice in which preliminary investigations are performed by the Federal Bureau of Investigation. There is also a Civil Rights Commission. The CRS has no reporting obligation to this Commission. Mr. Tyler has assisted the Civil Rights Commission on issues related specifically with the resettlement of Asians in America. CRS is a separate entity. - 5 - C ON C E R N S OF T HE MAYOR ITEM # 32495 Mayor Oberndorf advised Dr. Harrison Wilson and Andrew S. Fine, Co-Chairs of the LABOR DAY COMMUNITY COORDINATION CQMTTEE have SCHEDULED an initial Meeting for Wednesday, March 7, 1990, at 5:30 P.M. in the CENTRAL LIBRARY. Mayor Oberndorf accompanied by the City Manager, C. Oral Lambert, Jr., and Daniel Stone, visited the Chief Administrative Assistant to the Governor, J. T. Shropshire last week. A BRIEFING was provided relative the preparations for LABOR DAY 1990. Mayor Oberndorf assured Mr. Shropshire, the City will keep the Governor's office apprised of all activities concerning LABOR DAY 1990. ITEM # 32496 Mayor Oberndorf further advised of the Press Conference with Dr. Harrison Wilson, President of Norfolk State and Co-Chair of the LABOR DAY COMMUNITY COORDINATION COMMITTEE last week. The March Fourth issue of the Sunday BEACON reflected the interview with Dr. Wilson which was a by-product of this press conference. ITEM # 32497 Mayor Oberndorf advised the National Steering Committee on Energy, Envirorunent and Natural Resources has unanimously approved meeting in Virginia Beach in June 1990. The Steering Committee will be discussing environmental issues, including recycling and wetlands. Representatives from Fairbanks, Alaska, as well as California and Florida are extremely interested in the wetlands issues. A State Senator from Newark, New Jersey, informed all in attendance of his gracious hospitality at Virginia Beach and made the motion to unanimously choose the City as the site for their June meeting. ITEM # 32498 Mayor Oberndorf further advised of participating on citing of landfills and transfer stations during the meeting of the Annual Congressional City Conference held March Third thru March Sixth in Washington, D.C. Wade Kyle, Director of Solid Waste, had outlined the criteria for the Mayor. Mayor Oberndorf advised over 300 representatives were in attendance and she received many inquiries for information relative the City's methane recovery plant, the conversion of Mount Trashmore I into a park, the progress of Mount Trashmore II, skateboard ramps, the yard waste program and the composting program. ITEM # 32499 Mayor Oberndorf referenced a Memorandum from Mayor Joseph Leafe and the area Managers and Mayors relative the proposed hotel and meal tax legislation, (Senate Bill No. 16). The Mayors in the region were extremely concerned relative the impact on their particular budgets. Mayor Oberndorf requested discussion under NEW BUSINESS in the Formal Agenda. The City Manager advised the impact would be $1.8-MILLION loss to the City this year. - 6 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32500 Councilman Perry advised the developers behind Piney Grove Church have flooded the cemetery. TTEM # 32501 Councilman Perry referenced the six-foot drainage ditch on Norwich Avenue. One of the residents, Mrs. Goodman, fell in and almost drowned. This ditch needs to be piped. Councilman Perry requested more intensive lighting on Norwich Avenue. Mayor Oberndorf advised of her response of March First to Mrs. H. P. Shropshire, President of the L & J Gardens relative this ditch. The City Manager will provide a copy of this correspondence to Councilman Perry. ITEM # 32502 Councilman Moss was most pleased to observe Lynnhaven Parkway was now open from Princess Anne Road to Salem Road. TTEM # 32503 Councilman Moss received numerous calls from citizens after the appearance of the articles in the VIRGINIA-PILOT LEDGER STAR relative the Southeastern Expressway. Citizens had thought the northern route was decided upon and now are concerned ultimately about the resolution "to build or not to build", as it is impacting on whether they own vacant land, encumbered land or businesses. Councilman Moss again requested a BRIEFING relative the Southeastern Expressway as the calls are escalating. Councilman Baum had previously requested an update be provided by Public Works, Planning and the Department of Agriculture relative the proposed policy and the alternatives of the Environmental Protection Agency. In the aforementioned articles one of the planners had mentioned if and when the Southeastern Expressway is built, if the State is not careful about the associated land use, the road will create more problems than it solves. ITEM # 32504 Councilman Moss referenced his attendance at the Oyster Roast at the Pavilion on March 4, 1990. The filtration fence on the adjacent street must have let all the dirt filter through because the gutter was full of dirt and siit up to the curb top. As this does not reflect a good example of sedimentation control, Councilman Moss asked that this be corrected. ITEM # 32505 Councilman Moss again requested a quality BRIEFING from the Planning Commission relative the Comprehensive Plan, especially on the troublesome land spots in the northern part of the City. Time is of the essence as the rezoning applications will continue and the City Council will not have the benefit of the Planning Commission's analysis. Councilman Balko advised that since the downzoning litigation went against the City and this is a variable in the entire Comprehensive Plan, this must be considered by the Planning Commission. - 7 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32505 (Continued) Oounc! I man Moss adv !sed the downzaning I Iti gat Ion d id not 1 nva I !date the Comprehensive Land Use plan. It only said those properties previously downzoned are entitied to their Initial zoning, it does not change the Comprehensive Land Use Plan. ITEN # 32506 Councilwoman WClanan referenced discussions conceming neighborhoods around the school where the Parking is a problem and the solution at the mornent appears to be for the citizens to petition the City to designate them as "no parking areas". Councilwoman McClanan wished consideration of directing the Staff to develop a procedure whereby the residents of these affected neighborhoods can get sane type of sticker enabling them to park on the street. This is a problem at Kellem and Green Run High Schools. It is not right to deny the citizens the right to park in front of their own houses. Vice Mayor Fentress advised this consideration had been given in the resort area relative the benefit of utilizing parking stickers. In the northern end beyond Thirty-first Street, there is comercial-residential mixed. The problem arose, as some of the residents were used to parking on the street. The City Manager advised this Item had been investigated previously and information shall be provided to City Council. ITEM # 32507 Councilman Balko requested a short presentation relative acquiring licenses for catamaran or sailboats. Councilman Balko understood this was very competitive. Vice Mayor Fentress advised licenses were given on the basis of location. ITEM # 32508 Councilwoman Henley referenced the Southeastern Public Servlce Authority BRIEFING on February 25, 1990 during the City C<)uncil Session. Councilwoman Henley hoped there would be further discussion from related agencies. After reading the project development report from the Clean Convnunity Coffnission and hearing the SPSA's BRIEFING relative the curbside recycling program, C)ouncilwoman Henley did not bel ieve the point had been reached for a decision. Councilwoman Henley was not aware of how Virginia Beach's position would relate to the positions of the other cities. If all other cities were In agreement with the curbside recycilng, would the decision of Virginia Beach make any difference. The Clean Community Comnission had recorrfnended a center, having scatted receptacles and the curbside collection was to be the third stage. Bypassing those first two phases without investigating their success seerns to be going to the most costly operation first, especially since SPSA had not investigated the other two possibilities. Councilwoman Henley requested the results of the participation in the newspaper recylcing and whether this would translate to other items which could also be done in a phased-in s!tliation or whether the City does need to go the curbside recycling at this time. Councilwoman Henley has not received a response to her Inquires reiative the drop in the amount of waste causing the tipping fee to raise. - 8 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32508 (Continued) Mayor Oberridorf advised, to her knowledge, there has not been a decision on SPSA's curbside recycling program. This determination will be made through the Budget process determining how much the tipping fee will be for each locality. Mayor Oberndorf advised a number of concerns must be answered relative whether it would be preferable for citizens to go to the regional centers with their recyclebles, and, if so, is the ability available to have them disposed of appropriately or whether the recyclebles will, in the long run, have to be taken to SPSA. Are there agencies available to buy the materials from the City directly to recycle. Mayor Oberndorf requested the City Staff prepare responses. Councilman Baum advised it should be the obligation of the City to keep the edges of the highways clear. Citizens seem to throw trash everywhere there is a wooded area, which is usually in the rural areas. Councilman Baum has not heard of anyone being fined for this violation. Councilwoman Henley advised she was under the impression the curbside recycling program would not be conducted in the rural areas, it has to be in more urban areas, which might be the best thing for Norfolk and Portsmouth, but does that indicate the tipping fee would rise and be the same for all the Cities. Councilman Moss inquired concerning Durwood Curling's discussion of a $6.00 tipping fee increase separate from the recycling issues. The City Manager advised with the urgency reflected in FY 1990/91 Operating Budget impacts, the City Staff will respond to all City Council inquiries and a BRIEFING will be SCHEDULED. - 9 - ITEM # 32509 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL wa5 cal led to order by Mayor Meyera E. Ober-ndorf in the Ccnference Room, City Hall Building, on Monday, March 5, 1990, at 12:30 P.M. Council Members Present: Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nbyor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: William D. Sessoms, Jr. - 10 - ITEM # 32510 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to @tion 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of Prospective candidates for employment, assignment, appointment, promotion, perforTnance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Sectlon 2.1-344(A) (1). To wit: (1) Appointments: Southeastem Tidewater Opportunity Project, Inc. (2) Personnel Evaluations: City Clerk, City Assessor, City Manager. (Comments by Vice @yor Fentress) 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publ icly 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). (1) To Wit: School Site Acquisition: West Kempsville High School. 3.* LEGAL MATTERS: Consultation with legal counsel or brief ings by staff mernbers, consultants or attorneys, pertaining to actual or probable I itigation, or other specif ic legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight Cowell v City of Virgin ia Beach (2) Virgin ia Land Investment Association No. I v City of Virginia Beach (3) Sandbridge Development Company v City of Virgin la Beach (4) Wi I I lam Teachey, et al v. City of Virginia Beach (5) TCM Associates v. City of Virginia Beach (6) Wi I I iam W. Oliver, IV v. City of Virginia Beach. Upon motion by Counci Iman Heischober, seoonded by Counci lwoman Henley, City Counc i I voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice @yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council %mbers Voting Nay: None Counc! l Members Absent: Wi I I iam D. Sessorns, Jr. *Legal matters DEFERRED due to lack of time until Recess after the Forrnal Session at 3:25 P.M. - 11 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL March 5, 1990 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on @nday, March 5, 1990, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. BaLFn, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Williarn D. Sessoms, Jr. (OUT OF THE CITY ON FAMILY VACATION) INVOCATION: Father Donald Gross Church of The Holy Apostles PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - Item V-D. I . CERTIFICATION OF EXECUTIVE SESSION ITEM # 32511 Upon motion by Vice %yor Fentress, seconded by Counci Iman Moss, City Counci I ADOPTED: CERTIFICATION OF E)(ECUTIVE SESSION Only publ ic business matters lawf ul ly exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public bus i n ess matters as were identified In the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. The City Attorney advised the fol lowing items were DEFERRED due to lack of time until Recess into the Executive Session after the Formal Session: Dwight Cowell v City of Virginia Beach Virginia Land Investment Association No. I v. City of Virginia Beach Sandbridge Development Company v City of Virginia Beach William Teachey, et al v. City of Virginia Beach TCM Associates v City of Virginia Beach William W. Oliver, IV v. City of Virginia Beach Voting: 10-0 Council Members Voting Aye; Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessorns, Jr. CERTIFICATION oF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuarlt to the affirmative vote recorded here 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 IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business mtters 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 niatters 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 Councilwoman Henley, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. ERSO Discussion, consideration or interviews of prospective candidates for emp gnment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). To wit: (1) Appointments: Southeastern Tidewater Opportunity Project, Inc. (2) Personnel Evaluations: City Clerk, City Assessor, City Manager. (Comments by Vice Mayor Fentress) 2. UBLICLY HELD pRopERTY: Discussion or consideration of the condition, acquisition or use of real prope ty 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). (1) To Wit: School Site Acquisition: West Kempsville Iiigh School. VOTE: 10-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Haroid Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members ABSTAINING: Council Members ABSENT for the Vote: None William D. Sessoms, Jr. Council Members ABSENT for the Meeting: William D. Sessoms, Jr. Ru lt - 13 - Item V-E.I. MINUTES ITEM # 32512 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council APPROVED the S of the INFORMAL AND FORMAL SESSIONS of February 26, 1990. Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 14 - Item V-F.l. RESOLUTIoN ITEM # 32513 Mike Katsias, 4500 Holland Office Park, Phone: 490-3585, represented Dr. rs of property I Thomas Lane Stokes and Stanley T. Yeskowski families, owne adjacent to the subject property owners, and spoke in OPPOSIT ON. The following represented the VIRGINIA DEPARTMENT OF TRANSPORTATION: Kenneth E. Lantz, Jr., P.E., Urgan Programs Engineer, Virginia Department of Transportation, advised the proposed acquisition was the only one to be undertaken at the present time. According to policies and procedures, VDOT will undertake early acquisition due to hardship or in an instance Where development could be prevented from occurring. The Department does not initiate early acquisitions. These are performed only at the request of the property owner. The property owner must provide documentation as to the reasons. The reasons for hardship acquisition entail health and financial reasons. In this particular instance, one of the partners, through a dissolution agreement, has demanded his interest be bought out by the other owners. As the property owners can no longer market the property, because of the approved alignment, they are having to compensate one of the partners thus resulting in a financial hardship. A copy of the hardship application will be provided to Councilman Moss as per his request. The actual acquisition of the project, as a whole, is SCHEDULED to occur in January 1992. Mark H. Culbertson, Jr., represented the right-of-way office of the Virginia Department of Transportation. When the determination was made to acquire the property for the Constitution Drive, Phase I, the subject property owner's sale fell through. It was necessary that they renegotiate the agreement. The terms of the agreement require the third party to be paid $10,000 a month. The State considered this a hardship. A MOTION was made bv Councilwoman Parker, seconded by Councilman Moss to DEFER INDEFINITELY Resolution recommending acquisition of property, Aligriment IA, Constitution Drive Flyover (CIP 2-007). (Alignment IA was approved July 10, 1989) A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilwoman McCianan: The City does not feel obligated to pay the participation cost of the acquisition of property (Alignment IA, Constitution Drive Flyover (CIP 2- 007) which would be approximately $50,000, or 2% of the purchase price. Ninety-eight percent (98%) of site acquisition is to be paid by the State. The appraised value of the property is $2,500,000. Acquisition of all properties would proceed, as previously directed in 1992. - 15 - Ttem V-F. 1. RESOLUTION ITEM # 32513 (Continued) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Member Abstaining: Harold Heischober Council Members Absent: William D. Sessoms, Jr. Councilman Heischober ABSTAINED as he owns property in the area which might be affected depending upon which alignment is selected. - 16 - Item V-G.l. ORDINANCES ITEM # 32514 A MOTION was made by Councilwoman McClanan, seconded by Councilwoman Parker to DEFER an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 61st Street to James P. and Pat 0. Baker re installation of a retaining wall (LYNNHAVEN BOROUGH) and an Ordinance to authorize a temporary encroachment into the City's property known as Treasure Cove to Robert and Janet Rowland re installation of a bulkhead (LYNNHAVEN BOROUGH). This DEFERRAL would enable attendance by the applicants. This MOTION was WITHDRAWN. As advised by the City Manager, the agreement encompassing the conditions had already been signed and accepted by the applicant. Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 61st Street to James P. and Pat 0. Baker re installation of a retaining 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 inaintain 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: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. Item V-G.l. and G.2. were voted upon in ONE MOTION. 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY ENCROACHMENT 4 INTO A PORTION OF THE 5 RIGHT-OF-WAY OF 61ST 6 STREET TO DR. JAMES P. 7 BAKER AND PAT 0. BAKER, 8 HUSBAND AND WIFE, THEIR 9 HEIRS, ASSIGNS AND 10 SUCCESSORS IN 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 Dr. James P. Baker and Pat 0. Baker, husband and wife, their 16 heirs, assigns and successors in title are authorized t, construct 17 and maintain a temporary encroachment into the right-of-way of 18 61st Street. 19 That the temporary encroachment herein authorized is f,r 20 the purpose of constructing and maintaining a retaining wall to 21 replace the existing wall, 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 aligment and location, and further that such temporary 25 encroachment is more particularly described as follows: 26 An area of encroachment into a portion of the 27 City's right-of-way known as 61st Street, as 28 shown on that certain plat entitled: "PLAT 29 SHOWING PROPOSE RETAINING WALL ENCROACHMENT," 30 a copy of which is on file in the Department 31 of Public Works and to which reference is made 32 for a more particular description. 33 PROVIDED, HOWEVER, that the temporary encroachment herein 34 authorized shall terminate upon notice by the City of Virginia 35 Beach to Dr. James P. Baker and Pat 0. Baker, husband and wife, 36 their heirs, assigns and successors in title and that within thirty 37 (30) days after such notice is given, said encroachment shall be 38 removed from the City's right-of-way of 61st Street and that Dr. 39 James P. Baker and Pat 0. Baker, husband and wife, their heirs, 40 assigns and successors in title shall bear all costs and expenses 41 of such removal. 42 AND, PROVIDED FURTHER, that it is expressly understood 43 and agreed that Dr. James P. Baker and Pat 0. Baker, husband and 44 wife, their heirs, assigns and successors in title shall indemnify 45 and hold harmless the City of Virginia Beach, its agents and 46 employees from and against all claims, damages, losses and expenses 47 including reasonable attorney's fees in case it shall be necessary 48 to file or defend an action arising out of the location or 49 existence of such encroachment. 50 AND, PROVIDED FURTHER, that the parties of the second 51 part agree to maintain said encroachment so as not to become 52 unsightly or a hazard. 53 AND, PROVIDED FURTHER, that the parties of the second 54 part shall obtain a permit from the Highway Inspections Bureau 55 prior to cormnencing any construction within the City's right-of- 56 way. 57 AND, PROVIDED FURTHER, that prior to issuance of a 58 Highway permit, the parties of the second part shall post a 59 Performance Bond and show proof of public liability insurance of 60 a minimum of Three Hundred Thousand Dollars ($300,000.00). 61 AND, PROVIDED FURTHER, that this ordinance shall not be 62 in effect until such time that Dr. James P. Baker and Pat 0. Baker, 63 husband and wife, execute an agreement with the City of Virginia 64 Beach encompassing the aforementioned provisions. 65 Adopted by the Council of the City of Virginia Beach, 66 Virginia, on the 5 day of March I 19 90 @PROVED AS TO CONTEI,4 i 6 67 JAS/jls 68 02/01/90 69 CA-90-3628 SIGNATURE 70 (ordin\noncode\baker.ord) D@PA:@ SUFFIC;Li 2 ASHORE STATE PA JECT SITE SEE GRID L6 W.,k, LOCATION MAP THIS AGREEMENT, made this day of 19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and DR. JAMES P. BAKER AND PAT 0. BAKER, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, parties of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the parties of the second part to construct and maintain a retaining wall to replace an existing wall located in the city of Virginia Beach; and WHEREAS, in constructing and maintaining such retaining wall, it is necessary that the said parties of the second part encroach into a portion of an existing City right-of-way known as 61st Street; and said parties of the second part have requested that the party of the f irst part grant a temporary encroachment to facilitate such retaining wall to be located within a portion of the City's right-of -way known as 61st Street. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first GPIN 9-7 0 part, receipt of which is hereby acknowledged, the party of the f irst part doth grant to the parties of the second part a temporary encroachment to use a portion of the City's right-of- way known as 61st Street for the purpose of constructing ancl maintaining such retaining wall. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public WorkS Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of -way known as 61st Street, as shown on that certain plat entitled: "PLAT SHOWING PROPOSE RETAINING WALL ENCROACHMENT," 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 agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the parties 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 riqht-of-way known as 61st Street by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the parties 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 includin 9 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 th maintenance and construction of any encroachment by anyone other than the parties of the second part. It is further expressly understood and agreed that the parties of the second part agree to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the parties 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. It is further expressly understood and agreed that prior to issuance of a Highway permit, the parties 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). 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 parties 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 parties of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the parties 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 parties 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, Dr. James P. Baker and Pat o. Baker, husband and wife, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its 4 behalf by its City Manager and its seal be hereunto affixed and attested by its City clerk. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk (SEAL) (SEAL) Pat 0. Baker 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 AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of acknowledged 19_, has the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that 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-. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: i, t@, P\nno- C@,,,9n@ a Notary Public in and for the City and State aforesaid, do hereby certify that Dr. James P. Baker, whose name is signed to the foregoing writing, bearing date the 9t-k day of 199CI, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19@G Nota my Commission Expires: 6 TATE OF VIRGINIA ITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that Pat 0. Baker, whose name is signed to the foregoing writing, bearing date the gf day of 19 9c), has acknowledged the same before r and State aforesaid. Given under my hand this gf/, day of 1990) . Notar My Commission EXpires: JAS/jls 02/01/90 CA-3628 (encroach\baker.agr) @PP@6:@tL) AS To CoiN i Ei,4 I s U'U- APP,,CVE-' f@-' 1,@(7AL CITY ATTOR@4@Y 7 tiov THIS 15 TO ci:tt i iry I I IA-r j. C)t4 JAI4. 11, 1977 OUNV&YED 'THr riloili:lity SHO%VN OPI 11115 I'LA-l'. ANL) 7-IiAT TIIC TITLR LltqES AND THC WALLS 01, THF UUILDINGS Anr 5f4ONVN 014 tLAT. TliE IIUILLJJNC',-, STAt4L) STNICTLY WITlilN TI-IE Tl'rLC LINES AND T)IERE AT-IE t4O EtICnOACHM&NTS Oft ViSlilLE CASEMPNIS, EXCRPT AS .5.14OWN. SIGNED @1,7 C- N /0.7 60 w .5 7 PLAT SHOWIN@ PROI-01@)SE RETAINING WALL ENCROACHMENT EXHIBIT "A" THIS IS NOT A SUBDIVISION - 17 - Item V-G.2. ORDINANCES ITEM # 32515 A MOTION was made by Councilwoman McClanan, seconded by Councilwoman Parker to DEFER an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 61st Street to James P. and Pat 0. Baker re installation of a retaining wall (LYNNHAVEN BOROUGH) and an Ordinance to authorize a temporary encroachment into the City's property known as Treasure Cove to Robert and Janet Rowland re installation of a bulkhead (LYNNHAVEN BOROUGH). This DEFERRAL would enable attendance by the applicants. This MOTION was WITHDRAWN. As advised by the City Manager, the agreement encompassing the conditions had already been signed and accepted by the applicant. Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroachment into the City's property known as Treasure Cove to Robert and Janet Rowland re installation of a bulkhead (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. The owner must obtain an approved waterfront permit. Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. Item V-G.l. and G.2. were voted upon in ONE MOTION. 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY ENCROACHMENT 4 INTO THE CITY'S PROPERTY 5 KNOWN AS TREASURE COVE TO 6 ROBERT ROWLAND AND JANET 7 ROWLAND, HUSBAND AND WIFE, 8 THEIR HEIRS, ASSIGNS AND 9 SUCCESSORS IN 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 thereof 13 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 14 Robert Rowland and Janet Rowland, husband and wife, their heirs, 15 assigns and successors in title, are authorized to construct and 16 maintain a temporary encroachment into the City's property known 17 as Treasure Cove. 18 That the temporary encroachment herein authorized is for 19 the purpose of installing a bulkhead, and that said encroachment 20 shall be constructed and maintained in accordance with the City of 21 Virginia Beach Public Works Department's specifications as to 22 size, alignment and location, and further that such temporary 23 encroachment is more particularly described as follows: 24 An area of encroachment into the City's 25 property known as Treasure Cove, as shown on 26 that certain plat entitled: "PROPOSED 27 REPLACEMENT OF EXISTING BULKHEAD FOR ROBERT R. 28 ROWLAND BAY ISLAND VA BEACH, VA.," a copy of 29 which is on file in the Department of Public 30 Works and to which reference is made for a more 31 particular description. 32 PROVIDED, HOWEVER, that the temporary encroachment herein 33 authorized shall terminate upon notice by the City of Virginia 34 Beach to Robert Rowland and Janet Rowland, husband and wife, their 35 heirs, assigns and successors in title, and that within thirty (30) 36 days after such notice is given, said encroachment shall be removed 37 from the City's property known as Treasure Cove, and that Robert 38 Rowland and Janet Rowland, husband and wife, their heirs, assigns 39 and successors in title, shall bear all costs and expenses of such 40 removal. 41 AND, PROVIDED FURTHER, that it is expressly understood 42 and agreed that Robert Rowland and Janet Rowland, husband and wife, 43 their heirs, assigns and successors in title, shall indemnify and 44 hold harmless the City of Virginia Beach, its agents and employees 45 from and against all claims, damages, losses and expenses including 46 reasonable attorney's fees in case it shall be necessary to file 47 or defend an action arising out of the location or existence of 48 such encroachment. 49 AND, PROVIDED FURTHER, that Robert Rowland and Janet 50 Rowland, husband and wife, agree to maintain said encroachment so 51 as not to become unsightly or a hazard. 52 AND, PROVIDED FURTHER, that Robert Rowland and Janet 53 Rowland, husband and wife, shall obtain an approved waterfront 54 permit. 55 AND, PROVIDED FURTHER, that this ordinance shall not be 56 in effect until such time that Robert Rowland and Janet Rowland, 57 husband and wife, execute an agreement with the City of Virginia 58 Beach encompassing the aforementioned provisions. 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the Fifth -day of March , 19 90 @ROVED AS TO C0.14TENTS 61 JAS/jls 62 01/11/90 SlGt4ATU',.E 63 CA-90-3598 64 (ordin\noncode\rowland.ord) 2 Bl@,k E,, Mpp, P@if pp LOCATION MAP THIS AGREEMENT, ritade this day of by and betwcon the CI'-RY OF VIRGTNIA BEACH, VTRGINTA, a municipal corporation, party of tl-ie first parl, ,and ROBERT ANn JANET ROWLAND, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, parties of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the parties of the socond part to instali a bulkhead iii ttic City of Vi-rginia Boach; and WHEREAS, in i.nstalling such bulkhead, it is necessary that the said parties of the second part @-,ncroach into the City's property known as Treasurc Cove; and said parties of the second part have requested that the party cf the first part grant a temporary encroachment to facilitate the installation of such bulkhead within the City's property known as Treasure Cove. NOW, THEREFORE, for and in consideratiori of the premises and of the benefits accruing or to accrue to thc parties of the second part and for thc further considcration c)f Onc 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 parties cf the second part a GPIN temporary encroachment to use the City's property known as Treasure Cove fo:r the purpose of installina such bulkhead. It is exprossly understood and agreed that such temporary encroachment will be construct@,d and maintained in accordance with tho laws of thc coimnonw(,allli of Virgiiiia and thc! City of Virgiiiia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and appioval as to size, alignmerit and I.ocation atid is niore particularly described as follows, to wit: An area of encroachment into the City's property known as Treasure Cove, as shown on that certain plat entitled: "PROPOSED REPLACEMENT OF EXISTING BULKHEAD FOR ROBERT R. ROWLAND BAY ISLAND VA BEACH, VA. , " a copy of which is attached hereto as Exhibit "A" and to wliich reference is made for a itiore 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 parties of thc 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 Treasure Cove by the parties of the sccond part; and that Lhe parties of the second part shall- bc,,ar all costs and expenses of such removal. It is further expressly understood and agreed that the parties of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, los@es and expenses including 2 reasonable attorney's fees in case it shall be necessary to file or defend an action arisirig out of the location or existence of such temporary encroachment. It is further expressly undcrstood and agreed that nothing herein contained shall bc construed to enlarge such permission and authority to permit the maintenance or construction of any encroachmeiit other than that specified herein and to the limited extent specified herein, nor to permit the niairiteriance and constructi-on r-,f any encroachment by anyonc, other than the parties of th(2 srcond pirt.-. It is further expressiy understood and agreed tha-t the parties of the second part shall obtain an approved waterfront permit. It is further expressly understood and agreed that the parties of the second part agree to maintain said encroachment so as not to become unsightly or a hazard. It is further cxpressly understood and agreed that the party of the first par.t, upon revocation of such authority and permission so grantcd, may removo any such encroachment and charge the cost thercof to tlio. parti-(2s of tho second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the parties of the second part to remove such temporary encroachinent; alnd pending such removal, the party of the first part may charge the partics of the second part cc)mpensation for the use of such portion of the City's property encroached upon tlie equivalent of what would be 3 the real property tax upon tlie land so occupied if i.t werc- Owned by the parties 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 liundred Dollars ($100-00) per day for each and every day that such encroachment is allowed to continue thereaftcr, and shall collect such compensation and penalties in any rtianner provided by law for thc collection of local or state taxes. IN WITNESS WHEREOF, Robert and Janet Rowland, husband and wife, the said parties of the second part, havc caused this Agreement to be executed by their signatures and seals 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 City Maiiager (SEAL) ATTEST: City Clerk @(SEAL) Ro ert Rowland (SEAL) Janet Rowland 4 S-@ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager 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. GIVEN undcr iny hand this day of 19-. Notary Public 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 RU'.LIH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on -he day of 19 has acknowledged the same before me in my City and State aforesaid. GIVEN under iny hand this day of 19-. Notary Public My Cornmission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I a Notary Public in and for the City and State aforesaid, do hereby certify that Robert Rowland, whose name is signed to the foregoing writing, bearing date the day of 19,--, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19 Not@@i:y llubj-i.c 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 Jaiiet Rowl-and, whosc name is signed to tho foregoing writing, bearing date the day of 19-, has acknowledged the same befoie me in iny City and State aforesaid. C,iven undor iny hand L@ii@s day of 19 Notary Public My Commission Expires: 6 JAS/J ls Date: 01/105/90 CA-90-3598 (ericroach\rowland.agr) @'S T,'O L 'IUFFICIi-@ AITC)I',NIY 7 EXi'-IIBIT A NOT A SUBDIVISION LO -1/2@F IT@l @l 4- 7i, MHW 1--6 U LK H @LL/ H@ A-4 U 1+2, DATUM ... .... ADJACENT PAOPCXTY OWRENS: IN AT COUNTY OF 3TATE APPLICAT$ON NY 3HIET OF'J. DATE--!.-@ 56 - 18 - Item V-H. CONSENT AGENDA ITEM # 32516 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED in ONE MTION, Items 1, 2 and 3 of the CONSENT AGFNDA: Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 19 - Item V-H. I CONSENT AGENDA ITEM # 32517 Councilman Moss referenced lines 21 through 24: "The operator or keeper of the marina or his agent shall thereafter record the date when the berth, slip or anchorage was surrendered and vacated, and shall maintain this completed record for one year." Captain Buzzy visited a number of marinas and was advised by all of the managers or owners this information was kept for at least a year, as required by their insurance carriers in case of fire aboard one of the vessels. Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to ADD Section 6-33 of the Code of the City of Virginia Beach, Virginia, re marinas and registration of vessels. Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. AS fO C(ji,4 i SIGNATURE DEPARTMiNT APPROVED AS TO LEGAL Y A,4@.) @"@,R,M AN ORDINANCE TO ADD SECTION 6-33 OF ,,a THE CODE OF THE CITY OF VIRGINIA T@ CITYATT@,@@:r BEACH, VIRGINIA, PERTAINING TO 4 MARINAS, REGISTRATION OF VESSELS, 5 ETC. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-33 of the Code of the City of Virginia Beach, 9 Virginia, is hereby added to read as follows: 10 Section 6-33. Marina operators to maintain record of vessels. 11 (a) Every person enqaqed in the business of keeping or 12 operating a marina where vessels are moored or anchored for 13 compensation shall at all times keep and maintain on the premises 14 a register in which shall be recorded the hull registration number 15 or documented name and state or country of registration of each 16 vessel which remains overnight or longer, a description thereof by 17 length and manufacturer or hull type, the printed or typed name of 18 the owner, captain or other person in charge of the vessel, the 19 date of arrival and the berth, slip or anchorage assigned. Such 20 register shall be signed by the owner, captain or other person in 21 charge of the vessel. The operator or keeper of the marina or his 22 agent shall thereafter record the date when the berth, slip or 23 anchorage was surrendered and vacated, and shall maintain this 24 completed record for one year. The register required by this 25 section shall be subject to inspection at all reasonable times by 26 any law enforcement officer in the performance of his duties. 27 (b) It shall be unlawful for any person to write or cause or 28 permit to be written in the register required by this section any 29 false information, including any name other than the true name of 30 the captain, owner or other person in charge of any vessel 31 recorded therein. 32 (c) The parking areas, piers and public spaces of all 33 marinas shall be subject to entry and inspection at all times by 34 any public safety officer in the performance of his duties. 3 5 (d) Any person who shall violate any provision of this 36 section shall be guilty of a class I misdemeanor. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia on Fifth day of March 1990. 39 WEB/ccm 40 09/18/89 41 09/26/89 42 CA-89-3487 43 \ordin\proposed\06-033.pro 2 - 20 - Item V-H.2 CONSENT AGENDA ITEM # 32518 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 18.74 of the Code of the City of Virginia Beach, Virginia, re payment of license tax by commission merchants engaged in commercial service businesses. Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 18.74 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO COMMERCIAL SERVICE 5 BUSINESSES 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That Section 18.74 of the Code of the City of Virginia 11 Beach, Virginia, is hereby amended and reordained as follows: 12 13 Section 18-74. Commercial service businesses. 14 15 (a) Every person engaged in any commercial service 16 business shall pay a license tax equal to the greater of $30.00 or 17 thirty-six one hundredths of one percent of the gross receipts in 18 such business during the preceding calendar year. 19 (b) Commercial service businesses referred to in this 20 section shall include those businesses set out below and any 21 miscellaneous commercial service business not elsewhere 22 classified: 23 (1) Advertising. 24 (2) Consumer credit reporting agencies, 25 mercantile. 26 (3) Reporting agencies and adjustment 27 agencies. 28 (4) Collection agencies. 29 (5) Duplicating, addressing, 30 blueprinting. 31 (6) Photocopying, mailing, mailing list 32 and stenographic services. 33 (7) Building cleaning, disinfecting, 34 exterminating services. 35 (8) Private employment agencies. 36 (9) Commercial research and development 37 laboratories. 38 (10) Business, manacjement, administrative 39 and consulting services. 40 (11) Protective Services. 41 (12) Equipment rental and leasing 42 services. 43 (13) Photofinishing laboratories. 44 (14) Commercial testing laboratories. 45 (15) Temporary help supply services. 46 (16) Commission merchants. 47 48 Adopted by the Council of the City of Virginia Beach, 49 Virginia, on the Fifth day of March 1990. 50 51 GLF/epm 52 04/01/88 53 CA-88-2655 54 ordin\proposed\18-074.pro 55 APPRgXED AS TO SIGNATURE DEPAR-,i,,,-!,;w APPROVc,D t-,S TO L7--@IAL SUFFICIENCY AND FCI.@,/A 2 - 21 - Item V-H.3 CONSENT AGENDA ITEM # 32519 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED: LOW BID: DJW CONSTRUCTION Beach Restoration/ $451,000 COMPANY, INC. Maintenance 1990 Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 22 - Item V- 1. 1. APPOINTMENT ITEM # 32520 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. - 23 - Item V-K. I M BUSINESS ITEM # 32521 ADD-ON Councilwoman Henley referenced the MAYOR'S COMPLETE COUNT COMt4lwu, ch,i,ed by Marcy Sims and on which she serves as Council Liaison. This Committee has done an outstanding job of Planning for the Census and increasing the public awareness of the practice of the necessity to complete all census forms. The census forms will arrive in the mail on March Twenty-third. The Public Information campaign is geared for the last part of the m.nth. Approximately, ten days ago Mrs. Sims was made aware all of the areas designated as rural in the 1980 census would have the forms hand delivered beginning this past weekend. As the long forms did not arrive in Norfolk last Friday, this delivery was not accomplished, but same will commence in the very near future. The areas designated as rural in the 1980 census i,clude not only Pungo/ Blackwater but the General Booth Corridor, Sandbridge and the majority of the area south of Elbow Road. This rural area comprises approximately 9,000 homes, which will have the census forms hand delivered. All forms must be completed and mailed back. One in six families will receive the long, detailed form. There will be a Volunteer Assistance Center for completion of forms at Creeds School on Monday and Thursday from 3:00 P.M. to 6:00 P.M. from the present time through the first week in April. All forms are completely confidential. Representation in the State Legislature and Federal Government, as well as state and federal funding are determined by the population count every tenth year in the United States Census. - 24 - Item V-K. 2 NEW BUSINESS ITEM # 32522 ADD-ON Councilwoman Henley was advised of a property in Kempsville which apparently is threatened by imminent development and is of historical significance. When the position of Historical Coordinator was d,veloped approximately two years ago, the intent was to assist in making citizens aware of the importance of preserving historical structures. Tax credits for property owners who undertake restoration projects seems to be a rather simple way to encourage private investment in historical preservation. Councilwoman Henley would like the development of such a program pursued. The data which the historical office has developed to identify properties of historical significance could be utilized. The Third borough presentation by the Princess Anne County - Virginia Beach Historical Society is scheduled to highlight Kempsville on Sunday, March 25, 1990. Neal Kellum will discuss his plans to restore Pleasant Hall. Councilwoman McCianan advised the City Attorney's office has prepared an ordinance relative the preservation of historically significant structures. Assistant City Attorney Gary Fentress advised the Section of the State Code could apply to the properties in TARGET NEIGHBORHOODS to also give them some tax benefits. - 25 - Item V-K.3 NEW BUSINESS ITEM # 32523 ADD-ON Mayor Oberndorf advised Senate Bill No. 16, As Amended, places a cap of 4% on Cities and Towns authority to level the meal tax. Presently there is no cap on this authority. The Six cities under SB 16 are: Chesapeake, Emporia, Hopewell, Portsmouth, Suffolk and Virginia Beach. The legislation requires that any locality exceeding this cap will roll back its rate to the cap (in increments of 1/4% per year). As per the City Manager, the loss would amount to $1.8- MILLION per year for the City of Virginia Beach. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to send a letter to the Legislative Delegation opposing: SENAT'E BILL 16, as amended, imposing a CAP of 4% on local meal tax. Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 26 - Item V-K.4 NEW BUSINESS ITEM # 32524 ADD-ON Mayor Oberndorf referenced HOUSE BILL 152 by Delegate Woodrum. This Bill would prohibit local governments from receiving attorney fees from plaintiffs who filed frivolous law suits against them. Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council voted to send a letter to the Legislative Delegation opposing: HOUSE BILL NO. 152, prohibiting local governments from receiving fees from plaintiffs who have filed frivilous lawsuits against them. Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 27 - Item V-L. 1. RECESS To EXECUTIVE SESSION ITEM # 32525 In accordance with Section 2.1-344, Code of Virginia as amended, and upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council RECESSED into EXECIJTIVE SESSION for discussion of Legal Matters (3:25 P.M.) 1. LEGAL MATTERS: Consultation with legal counsel or briefings by staff embers, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight Cowell v City of Virginia Beach (2) Virginia Land Investment Association No. I v City of Virginia Beach (3) Sandbridge Development Company v City of Virginia Beach (4) William Teachey, et al v. City of Virginia Beach (5) TCM Associates v. City of Virginia Beach (6) William W. Oliver, IV v. City of Viginia Beach. Voting: 10-0 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 28 - Item V-L. 2. RECONVENED FORMAL SESSION ITEM # 32526 Mayor Meyera E. Oberndorf RECONVFNED th, FORMAL SESSION of March Fifth in the Council Conference Room, City Hall Building, for the purpose of certifyi.g to the Executive Session held this date, after which to adjourn. 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 and J,h, L. Perry Council Members Absent: William D. Sessoms, Jr. - 29 - Item V-L.3. CERTIFICATION OF ITEM # 32527 EXECUTIVE SESSION Upon motion by Councilman Baum, seconded by Councilman Balko, City Council ADOPTED: CERTIFICATION 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, 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. Voting: lo-o* 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 and John L. Perry Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. *Verbal Vote CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECLJTIVE SESSION, pursua,t t, the affirmative vote recorded here 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 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 ere 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- AL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight Cowell v City of Virginia Beach (2) Virginia Land Investment Association N,. I v City of Virginia Beach (3) Sandbridge Development Company v City of Virginia Beach (4) William Teachey, et al v. City of Virginia Beach (5) TCM Associates v. City of Virginia Beach (6) William W. Oliver, IV V. City of Virginia Beach. VOTE: 10-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members ABSTAINING: Council Members ABSENT for the Vote: None William D. Sessoms, Jr. Council Members ABSENT for the Meeting: William D. Sessoms, Jr. ity Clerk - 30 - Item V-M.I. ADJOURNMENT ITEM # 32528 UPon motion by Co,,ncil... MOSS and BY CONSENSUS, City Council ADJOURNED the Meeting at 5:00 P.M. B ,@,ly Hf Chief Deputy City Clerk .th H. dg@s S--th, CMC .ty Clerk City of Virginia Beach Virginia