HomeMy WebLinkAboutMARCH 6, 1989
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"WORLD'S LARGEST RESORT CITY'
CITY COUNCIL
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VICE MAYOR OB@-
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JOHN A MUM, B@-l@
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M.S, JR, Al 281 CITY HALL BUILDING
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C,,, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-1/202
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March 6, 1989
ITEM 1. CITY MANAGERTS BRIEFINGS - Conterence Room - 11:00 AM
A. REGIONAL JAIL AND TRANSPORTATION PLAN
Arthur Oollins, Southeastern Virginia Planning District Commission
B. LEGISLATIVE UPDATE
Robert R. Matthias, Director, Intergovernmental Relations
C. ONE-WAY OF BALTIC AND ARCTIC AVENUES
C. Oral Lambert, Jr., Director, Public Works
D. RESORT AREA PARKING PROGRAM
lienry Ruiz, Resort Area Advisory Commission
ITEM 11. COUNCIL CONFERENCE SESSION - Conterence Room - 1:00 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Conference Roorn - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend David H. Ray
Diamond Springs Christian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONLC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - February 27, 1989
E. ORDINANCE/RESOLUTIONS
1. Ordinance to AMEND and REORDAIN Artic le I , Section III, of the
City Zoning Ordinance of the City of Virginia Beach, Virginia,
re definftlon of the ter-m usignif.
Cieferred February 27, 1989
2. Resolution referring to the Planning Commission an Ordinance to
amend Section 211 of the City Zoning Ordinance re temporary signs.
3. Resolution certifying the City of Virginia Beach wi 11 provide
Tidewater Transportation District Commission one-half of the
matching funds required for State aid for public transportation
capital funds in the preliminary engineering for the LIGFFT RAIL
TRANSIT service; and, should the City cancel its participation,
TTDC will be reimbursed one-half of the total cost expended by
TTDC.
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinances to AMEND and REORDAIN the Code of Virginia Beach,
Virginia:
a. Section 21-393 re meter zones; and,
b. Section 21-398 re hours during which dlvlsion Is appllcable.
2. Ordinance to AMEND the Guidelines for not-for-profit agencies
receiving grant funds from the City of Virginia Beach and to
ESTABLISH a COMMUNITY ORGANIZATION INCENTIVE GRANT ALLOCATION
REVIEW C" ISSION for allocation of funds to such agencies.
3. Ordinance authorizing the City Manager to execute an agreement with
Vlrginfa Fiousing Development Authority for the reservation of
$1,620,000 for mortgage financing re Urban Preservation and Infill
Commitments.
4. Ordinance authorizing the City Manager to execute an agreement with
Kemp River Corner Associates for the Temporary Vacation of a five-
foot No Ingress/Egress Agreeinent.
5. Ordinance to authorize acquisition of property in fee simple and
temporary and permanent easements, either by agreement or
condemnation, for rights-of-way:
a. Alanton 51% Type CIP 5-025
b. Burton Station CIP 6-922 and CIP 5-962
c. Great Neck Point CIP 6-942 and CIP 5-022
d. Landstown Suction CIP 5-713
e. Larkspur 51% Type CIP 6-945
f. Lynnwood/Mlchaelwood CIP 6-948 and CIP 5-048
g. Lynnhaven Pump Station Modifications CIP 5-835
h. River Road CIP 6-980 and CIP 5-030
6 Ordinance to authorize acquisition of property in fee simple and
temporary and permanent easements, either by agreement or
condemnation, for the right-of-way for Princess Anne Road and
Seaboard Road Intersection improvements.
7. Ordinance upon FIRST READING to APPROPRIATE $84,000 for
improvements to the Fire Training Center and to increase revenue
from the Commonwealth of Virginia Department of Fire Programs.
8. Ordinance to TRANSFER $95,300 from Reserve for Contingencies to the
Tax Exemption Program for the Elderly and Handlcapped.
9. Ordinance to TRANSFER $83,900 within the FY 1988-1989 Operating
Budget to facilitate the acquisition of additional beach cleanlng
equipment.
10. Ordinance to TRANSFER $49,994 from the General Fund Reserve for
Contingencies to the General Registrar for the June 13, 1989,
Republican Party Primary.
11. ENCROACHMENTS
a. Portion of City property known as Waters of Lake Holly to
George E. Whitley and Irene P. Whitley, husband and wite, their
heirs, assigns and successors in title, to construct/maintain a
bulkhead.
b. Portion of the right-of-way of Shore Drive to The Landings
Horneowners Association, its assigns and successors in title, to
construct/maintain an identification sign.
12. LOW BIDS
a. (1) Precon Construction Company in the amount of $627,630.03
for Lynnhaven Acres Sewer and Water Distribution Facilities -
Contract I (CIP 6-930).
(2) Shoreline Contractors, Inc. in the amount of $101,700.00
f or Lynnhaven Acres Sewer Pump Station - Contract 11
(CIP 5-040).
b. A & W Contractors, Inc. in the amount of $411,036.50 for
Bells Road/Credle Road Water and Sewer Project (CIPs 5-027,
5-977, 6-979).
13. RAFFLF/BINGO PERMITS
Booster Club of Virginia Beach Junior High School Raffle
Great Neck Little League Raftle
Green Run Band Parents Association Raffle
Plaza Little League Bingo/Raffle
Plaza Little League Ladies Auxiliary Raffle
Princess Anne High School PTA Raffle
Princess Anne Womans Club Raffle
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
MARCH 13, 1989
CANCELLED
NATIONAL LEAGUE OF CITIES - WASHINGTON
MARCH 20, 1989
2:00 PM
COMBINED STAFF AND PLANNING AGENDA
FY 1989-1990 OPERATING BUDGET SCHEDULE
MARCH 30, 1989
12: NOON
CITY MANAGER'S PRESENTATION TO CITY COUNCIL
(SPECIAL SESSION)
APRIL 10, 1989
10:30 AM - 12: NOON
CITY COUNCIL WORKSHOP - SCHOOL BUDGET
(With School Board/Administration)
APRIL 17, 1989
11:00 AM - 1:00 PM
CITY COUNCIL WORKSHOP - CITY BUDGET
APRIL 18, 1989
7:00 PM
PUBLIC HEARING - CITY/SCHOOL BUDGET
Princess Anne High School
APRIL 24, 1989
2:00 PM - 4:00 PM
CITY COUNCIL WORKSHOP
FY 1989-1990 OPERATING BUDGET
APRIL 25, 1989
7:00 PM
PUBLIC HEARING
FY 1989-1990 OPERATING BUDGET
(Pavilion - Meeting Rooms)
MAY 1, 1989
11:00 AM - 1:00 PM
RECONCILIATION WORKSHOP
FY 1989-1990 OPERATING BUDGET
MAY 8, 1989
2:00 PM
PUBLIC HEARING AND FIRST READING
APPROPRIATION ORDINANCE
(Formal City Council Session)
MAY 15, 1989
2:00 PM
SECOND READING AND ADOPTION BY CITY COUNCIL
(Formal City Counci I Session)
(All other Sessions will be in accordance with the City Code)
10 -
Item IV-E.1
MINUTES Item # 30898
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED, AS AMENDED, the MINUTES of the INFORMAL AND FORMAL SESSIONS
of March 6, 1989.
Councilman Moss referenced Page 24, ITEM # 30873: The following shall be stated
as part of the MOTION:
As a result of this action, no additional curb cuts
will be allowed on either Kempsville or Indian
River Roads.
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
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginfa Beach, Virginia
March 6, 1989
The CITY MANAGER'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL were called
to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall
Building, on Monday, March 6, 1989 at 11:00 A.M.
Council Members Present:
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 Absent:
Reba S. McClanan (ENTERED: 11:45 P.M.)
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C I T Y M A N A G E R 'S B R I E F I N G
REGIONAL JAIL
11:00 A.M.
ITEM # 30846
Arthur Collins, Executive Director - Southeastern Virginia Planning District
Commission, introduced Larry Siegel, Consultant.
Larry Siegel advised all of the region's jails are over capacity. The
overriding perimeter in this issue is the apparent inevitable increase in the
number of inmates. The first graph depicted in the booklet is the estimate of
the total jail population throughout the Southeastern Planning District over
the next twenty-five years with the number of sentenced inmates designated in a
separate category. The graph depicts an increase from approximately 1600
inmates to a projected population of almost 4500. Over the past twelve years,
there has been an annual increase of 10.2 persons to the sentenced category of
the City's jail. Over the last five or six years, this has been rising even
more speedily. It is currently running very close to 45% of the total inmate
population. The projections are very conservative.
Sentenced prisoners are distinguished in the graph because the facility needs
to contain people who are sentenced to terms as long as five (5) years. The
State does pay the staff cost and the per them cost for those State prisoners;
but, the localities must bear the facility cost.
Larry Siegel reiterated the Advantages of a Regional Jail.
1. It is a new facility
2. Proposed State Incentive Funding:
50% of the cost for a regional facility, with no
cap as opposed to up to $1.2-Million for a local
facility
3. Reduce the need for local capital expense and debt
burden
4. Broker vacant beds to receive prisoners from other
overcrowded local jails and charge a premium. Use
the resulting revenues to reduce expenses to local
governments or retire the debt early
5. In the time period studied, all local governments
in Southeastern Virginia will have to build more
jail space
6. Better able to accommodate local fluctuations
7. Some economics of scale
Larry Siegel cited the disadvantages;
1. Time and expense to create, staff and maintain a
new or expanded regional institution
2. Travel distances would be longer
3. Host coramunity's Commonwealth Attorney must
prosecute offenses at a regional facility
The Regional Jail will be located within the Southeastern Virginia Planning
District Commission District.
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C I T Y M A N A G E R 'S B R I E F I N G
REGIONAL JAIL
ITEM # 30846 (Continued)
The General Assembly has recently passed a bill, awaiting the Governor's
signature, which will change the reimbursement schedule for local and regional
jails.
For local jails:
For a jail of 35 beds or less $300,000
For a jail of 36 to 99 beds 600,000
For a jail of 100 to 299 beds 900,000
For a jail of 300 or more beds 1,200,000
For a regional jail:
The reimbursement rate is 50% of the total cost, with no
cap.
By the year 2010, Virginia Beach will have approximately 550 prisoners over its
capacity, even with building its new jail. In developing a cost comparison of
the City building another new facility or joining in a regional facility, a
figure of $50,000 per bed was used.
Local Jail
Cost $27.5-Million
Less State share 1.2-Million
Total $26.3-Million
Regional Jail
Cost $27.50-Million
Less State share 13.75-Million
Total $13.75-Million
Arthur Collins advised before April, the SVPDC would like to determine the
level of interest in each of the Districts. An advisory committee would be
established of local staff and corrections officials. Short-term funding for
additional engineering, financing and staffing studies for a particular site
would be arranged. With this expanded information in hand, a determination
would be made as to which jurisdiction still wants to implement the regional
jail. If the answer is affirmative, the completion of the design, the bidding
and the construction of the facility will begin.
Financing Phase I could be approached in a number of ways. Each participating
locality could be assessed, based on population. Secondly, the SVPDC could
borrow the funds needed and roll into Phase II or, if not, pay off per the
formula devised. Finally, the SVPDC currently has unallocated funds which could
be drawn down for Phase I, with the understanding it would be reimbursed in
Phase II, or replaced by the participating local governments, per the formula,
if Phase II does not occur.
This item will be TENTATIVELY SCHEDULED for the City Council Agenda of March
27, 1989.
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C I T Y M A N A G E R 'S B R I E F I N G
2000 HIGHWAY PLAN AMENDMENT
11:30 P.M.
ITEM # 30847
Arthur Collins, Executive Director, Southeastern Virginia Planning District
Commission, advised the SVPDC has been contacted by the Virginia Department of
Transportation to produce a new Regional 2010 Plan. The Highway Department has
since been advised the Legislature has requested a plan by April First.
The various City study areas have been broken down in terms of employment and
housing units. The changes between 1980 and 2010 have been indicated. In terms
of the five-city area, employment in 1980 was approximately 422,000 and in
2010, the area should accommodate 670,000 employees with housing units in 1980
at 262,000 and in 2010 that number will be 450,000. In terms of Virginia
Beach, employment was approximately 80,000 in 1980. In 2010, employment will be
approximately 234,000. Housing units in 1980 were 92,000 and in 2010 will be
200,000 plus.
Most of the growth in the years to come will be south of Route 44 (Percent Toll
Road).
Arthur Collins cited Page 4 of the Brochure distributed to City Council
depicting the Southeastern Virginia 2000 Highway Plan Amendments for Virginia
Beach. These amendments were also illustrated on a map as part of the
presentation. The areas in blue were recommended Corridor improvements.
Basically these will be found generally in the central part of the City. In
the more northern portion of this City, facilities are outlined in red which
are widening projects based on forecast deficiencies. The areas in yellow are
existing deficiencies on existing alignments.
This process is to respond to the State Legislature which has mandated VDOT to
advise their needs in the year 2010. The projects detailed are drawn from the
MASTER STREET AND HIGHWAY PLAN.
The City will present to City Council a third column depicting the projects
currently on the MASTER STREET AND HTGHWAY PLAN to assist in communication.
Councilman Moss advised there was tremendous growth in the City from 1980 to
1986. Information will be provided relative the growth experience of the City
from 1986 to 2010.
The 2000 HIGHWAY PLAN AMENDMENT was SCHEDULED for the City Council Agenda of
March 20, 1989.
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C I T Y M A N A G E R 'S B R I E F I N C
LEGISLATIVE UPDATE
11:47 A.M.
ITEM # 30848
Robert Matthias, Director, Intergovernmental Relations, advised the status of
the Virginia Beach 1989 Legislative Package.
Resort Area Retail Sales Tax - PASSED the Local Government
Committee and referred to Finance.
Transfer of Development Rights - FAILED the Committee. Although
the Chairman of the Committee has promised to erect a special
committee of Members of Counties, Cities and Towns to work with
the City if we should decide to pursue TDR.
Alternates to the Board of Zoning Appeals - PASSED and will be
in effect July First.
Assumption of Tourist Established Inspections - PASSED the SENATE
but died in the HOUSE with opposition from the Tnnkeepers.
Back Bay Restoration - did not receive any new funding but there
is approximatley $85,000 in the Budget for this Biennium for this
particular type of work.
Civil Penalties for Violations of Zoning Ordinances - PASSED
HOUSE and SENATE.
COT 21 - Extended Old Conditional Zoning to Virginia Beach
Direct Election of School Board - DIED
Educational Appropriation Criteria - Provides 7 Categories and
PASSED SENATE and HOUSE.
Fire Prevention and Protection - There will be a study of Hotel
Fire Safety, retrofitting, et cetera.
Funding of Education - There was a small increase and funds will
also be received from the drop-out program.
Health & Related Insurance for City Employees - PASSED IIOUSE and
SENATE but will not go into effect until the next biennium.
Increase in Court Fees - DIED
Indigent Health Care - Small amounts of new funds were instilled
into Indigent Health Care and a number of studies were continued.
Merchants Capital Tax - PASSED HOUSE and SENATE. It will be
necessary for City Council to ADOPT an Ordinance to institute a
1% tax on short term rentals of less than ninety days.
Non-Tidal Wetlands - DIED
Pendleton Child Service Center - $100,000 appropriated for the
replication of Day Care Program in Chesapeake. The State advised
if the Project is to be relocated next year or plans presented,
they would look favorably towards reimbursement.
Runaways and Secure Detention - This problem appears to be
solved. Adults (18 years or older) will not be placed in the
Tidewater Detention flome.
Tax Exemption for Waterworks Equipment - FAILED again, although
the Committee realized localities were paying tax on this type of
equipment and material and they were not aware of this. The
Chairman of the House Finance Committee advised a Committee will
be appointed to investigate same.
- 6 -
C I T Y M A N A G E R 'S B R I E F I N G
LEGISLATIVE UPDATE
ITEM # 30848 (Continued)
Tree Protection - A Number of Bills PASSED and copies will be
provided to Members of City Council. The main Bill, a Tree
Canopy required developers to plant trees that will develop a
"canopy" of at least ten percent.
VSRS for Council Members - PASSED SENATE and DIED HOUSE.
Virginia Beach Development Authority - PASSRD HOUSE and SENATE.
School Board Salaries PASSED SENATE and HOUSE which increased
School Board Salaries $3600.
VIRGINIA BEACH EROSION COUNCIL - Will be ABOLISHED effective July
First.
Recordation Tax - PASSED HOUSE and SENATE. Effective July 1,
1990, the City will receive $2.5-MILLION.
Water Issues - (House Bills 1837-1841) Basically for the first
time established a very comprehensive state wide policy on water
beneficial uses. PASSED HOUSE and SENATE. House Bill 1742 advises
a governing body cannot use its comprehensive plan to deny a
water project.
Relocate Erosion Commission - City institutod a Budget Amendment
requesting $2-MILLION and was unsuccessful.
Local lncome Tax - PASSED HOUSE and SENATE. Northern Virginia
localities and Norfolk will now be able to go to their voters for
a local income tax. This has a five-year sunset clause, up to 1%
in quarter of percent increments. This tax can only be used for
transportation. This is a very radical departure for the State of
Virginia.
Virginia Beach/Norfolk Toll Road - DIED in HOUSE.
Pledge Bonds - Constitutional Amendment to allow localities to
issue PLEDGE BONDS without Voter approval which will not count
against the bonded indebtedness of the City. The locality would
need a revenue stream to service the debt. This will have to be
passed again by the 1990 General Assembly Session and then voted
and approved by the voters at Referendum in November.
Regional Cooperation - Study Cooperation in Hampton Roads - DIED.
Regional Jail - Suggested a regional jail be built and PASSED
SENATE and HOUSE.
Route 58 - Route 58 Improvement State Bond Issue - PASSED HOUSE
and SENATE.
Hampton Roads Bridge Tunnel - Study Hampton Roads Bridge Tunnel
Route 17 and 1-64 - PASSED HOUSE and SENATE.
VETERANS MEMORIAL - PASSED and received $100,000.
MARITIME MUSEUM - PASSED and received $25,000
The City will only have to pay 2% of their urban construction projects. The
funding formula has been changed from 95.5 to 98.2. City Council can use up to
1/3 of their urban allocations as money to bond road projects.
- 7 -
C I T Y M A N A G E R 'S B R I E F I N G
ONE-WAY OF BALTIC AND ARCTIC AVENUES
12:05 P.M.
ITEM # 30849
C. Oral Lambert, Jr. , Director of Public Works, advised over the years there
have been a number of studies addressing the traffic circulation in the Beach
Borough. Oral Lambert reiterated the concerns:
Alternative route to Atlantic and Pacific.
Lack of progression with regard to the Traffic
signal system in Beach Borough.
The area of Thirty-first and Holly where there is a
breakdown in capacity of traffic coming out of
Holly Road to Laskin Road to the Toll Road.
A feature of the traffic circulation plan adopted by the City of Virginia Beach
in 1986 included the proposal to recreate a one-way street plan for Arctic
Avenue and Baltic Avenue. Specifically, Baltic Avenue would be one-way
southbound and Arctic Avenue would be one-way northbound.
John Herzke, Traffic Engineer, reiterated the presentation material reviewed
with the Old Beach Civic League on February Twenty-third
DESIGN FEATURES
This one-way arrangement would extend from 16th Street to 32nd
Street.
The existing speed limits would be maintained.
Parking would be permitted along both sides of both streets for
most of their length, except at corners and in close proximity to
signals.
The road shoulders along Arctic Avenue would allow parking in
certain areas, primarily in the section north of 25th Street to
facilitate additional on-street parking.
The traffic signals would be repositioned to reflect the one-way
traffic flows.
Signs would be installed at all intersections to properly reflect
the one-way conditions and alert motorist of same.
Pavement markings would be installed in the form of thermoplastic
(highly reflective markings) to indicate the proper direction of
traffic flow.
With the one-way patterns, the traffic signals will be retimed to
provide improved progression of traffic flow.
Traffic volumes would remain basically the same, but they would
be redistributed in single direction of flow on each street.
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C I T Y M A N A G E R 'S B R I E F I N G
ONE-WAY OF BALTIC AND ARCTIC AVENUES
1TEM # 30849 (Continued)
BENEFITS
Less conflicts; therefore, reduction in accident potential.
Less delays for traffic, but the same speed limits as presently
posted will be retained.
Smoother traffic flow. One way streets provide a progress of
traffic movement.
Less congestion, especially at key intersections, with more
simplistic traffic movements and reduced conflicts, congestion
levels are abated.
Parallel parking is maintained and possibly increased in certain
areas.
Speed limits are maintained. Not only will existing posted speed
limits be maintained, but the presence of parallel parking along
both sides of the streets provide a natural side friction to the
speed of vehicles. Signal timings are set based on posted speed.
With one-way streets, pedestrians are only concerned with signal
direction traffic movement when crossing these streets.
Detailed analysis by the City's professional staff clearly
demonstrated an improved level of service for the critical
intersections.
Ingress and egress to driveways is easier and safer.
Eliminates the need for the separate right turn lane project on
Holly Road at Laskin Road. The right-of-way alone for that
project is approximately $90,000 and the total cost is over
$100,000. The total cost for implementing this one-way project is
approximately $90,000.
DRAWBACKS
Change in driving habits or patterns.
Slight diversions in routes to and from sites.
The Old Beach Civic League expressed concern relative the flooding on a section
of Holly Road during times of high tide or heavy rainfall. This situation was
examined. A pre-arranged traffic control detour can be established or the area
could be blocked allowing individuals to go to Pacific Avenue. The residents
also expressed concern over increased commercial truck traffic. Truck traffic
can be restricted so they may only utilize Pacific Avenue.
C. Oral Lambert Jr., advised the only way to correct the flooding on Holly is
to raise the elevation of the road. This is a tidal situation. There is no
definite schedule for this correction. It is recognized as a Capital Need.
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C I T Y M A N A G E R 'S B R I E F I N G
RESORT AREA PARKING PROGRAM
12:35 P.M.
ITEM # 30850
Henry Ruiz, Administrator - Resort Programs Office, referenced Ordinances to
AMEND and REORDAIN the Code of Virginia Beach, Virginia: Section 21-393 re
meter zones; and, Section 21-398 re hours during which division is applicable.
(See Item IV-F.I.a.b. of the CONSENT AGENDA.)
This is simply a response to two basic procedures: (1) Follow up to the Capital
Improvement Program (2) Parking Program prepared by the Southeastern Virginia
Planning District Commission.
As a first phase of the program, it recommended that the hours of enforcement
for parking meters be extended from eight (8) hours to twelve (12) hours per
day, and that a signage program be implemented that would better direct
visitors to public parking facilities in the Resort Area. Also the report
recommended the development of a limited-range radio station that could
communicate to visitors the locations, directions and availability of both
public and privately-owned parking lots in the Resort Area. One component
recommended was to raise current parking meter rates from $.25 to $.50 per
hour. This would place the City within the national average for metered
parking. Rehobeth, Maryland, has $.50 per hour rates with approximately 2,000
meters. Their general revenues from meters is approximately $850,000 per year.
This revenue combined with fines results in revenues exceeding $1-MILLION which
represents 25% of their Operating Budget.
Council Members expressed concern realtive the hours of enforcement for parking
meters until 9:00 P.M.
lienry Ruiz advised approximately $250,000 per year comes into the General Fund
and is derived from parking meter and municipal parking lot fees. The City's
intent is to leave this intact and have the General Fund held harmless in
regard to any improvements. The improvements that would occur with this
proposal, if approved, would allow these additional revenues to come in and be
applied to a fund as described in the Capital Improvement Program. A fund which
could be called the "Enterprise Fund" that would allow for future enhancements
of other types of parking improvements. Henry Ruiz advised Councilman Moss in
the BUDGET, the Enterprise Fund will be apart from the General Fund revenues.
There is a plate on the meter which describes the rate, dates and times the
meter is in operation.
- 10 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 30851
The City Manager advised of materials regarding the Strategic Planning Session
of February Twenty-fifth, which he will be distributing for City Council review
prior to the City Council Session of March Twentieth.
ITEM # 30852
Councilman Balko requested the status of each of the applications heard at the
WETLANDS BOARD MEETINGS.
ITEM # 30853
Councilwoman Henley referenced the Princess Anne Historical Society Plan to
have meetings rotating to each of the Boroughs and would request the
particular Borough Council Member to participate. Councilwoman Henley advised
the first Meeting will be at Charity United Methodist Church at 2:00 P.M.
Sunday, March 12, 1989. Charity United Methodist Church is celebrating its
200th year. Steve Mansfield and Louis Cullipher will be speaking.
Councilwoman Henley extended an invitation to all Council Members.
Mayor Oberndorf expressed her regret and advised she would be attending the
NATIONAL LEAGUE OF CITIES CONFERENCE in Washington, D.C.
ITEM # 30854
Councilman Sessoms referenced Memorandum from George C. Sjolund, M.D., District
Director, to Dr. H. McDonald Rimple, Regional Medical Director, regarding
"Review of Prenatal Care Service Collapse in Virginia". During the Strategic
Planning Session on February 25, 1989, one of the topics of discussion was
addressing social issues before they got out of hand. This appears to be a
rather alarming problem. Children are not seeing a pediatrician in a timely
manner. Councilman Sessoms referenced the Beach Health Clinic but advised they
would be unable to handle it all.
Mayor Oberndorf advised the Hampton Roads Chamber of Commerce has been working
with the Medical profession, as well as interested citizens and has not been
successful in the General Assembly taking a stand on the funding.
Councilwoman Henley referenced an Ordinance to AMEND the Guidelines for not-
for-profit agencies receiving grant funds from the City of Virginia Beach and
to ESTABLISH a COMMUNITY ORGANIZATION INCENTIVE GRANT ALLOCATION REVIEW
COMMISSION for allocation of funds to such agencies (See Item TV-F.5 of the
CONSENT AGENDA.) The Eastern Virginia Medical School is not included in this
group.
The City Manager advised the information relative allocation of funds will be
provided prior to Budget Time.
Councilwoman McClanan referenced the Eastern Virginia Medical School requesting
more funding each year.
The City Manager advised a significant amount of assistance is received from
the EVMS in other areas but not in the specific area referenced by Dr. Sjolund.
A briefing will be SCHEDULED for City Council.
- 11 -
C I T Y C 0 U N C I L C 0 N C E R N S
TTEM # 30855
Mayor Oberndorf advised of her forthcoming letter concerning a request for
funding of the Virginia Symphony for $150,000 on their Endowment Fund and
although not the same request, there is a request for $20,000 from the three
different musical groups to buy instruments. Mayor Oberndorf explained the
guidelines established by the Arts and Humanities Commission. Mayor Oberndorf
is suggesting the City Council still send the extra request back to the Arts
and Humanities Commission so then they may decide if they wish to accommodate
extra funding or change procedures.
ITEM # 30856
Councilman Perry referenced the Magazine "VIRGINIA HOUSING" which lists all the
cities they have tried to assist. Virginia Beach is not listed, as if Virginia
Beach does not need any help. Last year the Joint Armed Services Procurement
Policy Organization, relating to contracts for minority groups, held a
convention in Virginia Beach with almost 2,500 people in attendance paid for by
the Governor. Councilman Perry advised his college has been meeting in Virginia
Beach every summer for the last twenty-two summers. These conventions are not
mentioned in the VIRGINIA BEACH MEETING PLANNERS GUIDE FOR 1989. If we do not
want these groups in here then the City should advise.
ITEM # 30857
Councilwoman McClanan referenced an Ordinance to AMEND and REORDAIN Article 1,
Section 111, of the City Zoning Ordinance of the City of Virginia Beach,
Virginia, re definition of the term "sign" AND Resolution referring to the
Planning Commission an Ordinance to amend Section 211 of the City Zoning
Ordinance re temporary signs. (See Ttem IV-E.1/2 under ORDINANCE/RESOLUTIONS.)
Councilwoman McClanan will request these items be DEFERRED. The Resolution is
not in concurrence with her request.
ITEM # 30858
Councilman Heischober referenced the SCHEDULE FOR FY 1989-90 OPERATING BUDGET
and the date Monday, April 24 2:00 P.M. - 4:00 P.M. Council Workshop - City
Budget. This is a night meeting with numerous Planning Items. Councilman
Heischober suggested this particular time be reexamined.
ITEM # 30859
Councilman Moss referenced Councilwoman McClanan's letter of January Ninth to
Members of City Council relative deadline for presentation of the Capital
Improvement Program and a time frame in which annually the PUBLIC HEARINGS can
be held with adoption deadlines designated by City Council. Councilman Moss
requested the status of this suggestion.
ITEM # 30860
Councilman Moss referenced his letter to City Council Members regarding the
possible RESCIIEDULING of the City Council Meeting of October Ninth which is a
Religious Holiday (YOM KIPPUR)
ITEM # 30861
Councilman Moss expressed concern relative the short lead time on Briefings.
Momentous decisions must reached in a short duration.
ITFI,l # 30862
Councilman Moss requested information on what City Council must accomplish to
be prepared to take advantage of Conditional Zoning on July First.
- 12 -
ITEM # 30863
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, March 6, 1989, at 1:08 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
- 13 -
ITEM # 30864
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. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, pertormance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY-. Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property C)wned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body pursuant to Section 2.1-344 (a) (6).
Upon motion by Councilman Balko, seconded by Councilman Moss, 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 Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 6, 1989
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 Monday,
March 6, 1989, 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
TNVOCATION: Reverend David H. Ray
Diamond Springs Christian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 15 -
Item IV-D.l.
M]INUTES ITEM # 30865
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of the City
Council Meeting of February 27, 1989.
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
- 16 -
Item IV-E.I.
ORDINANCES/RESOLUTIONS ITEM # 30866
William J. Holloran, Jr., Executive Director - Virginia Beach Council - Hampton
Roads Chamber of Commerce, 4312 Virginia Beach Boulevard, Phone: 490-1221,
requested DEFERRAL for additional time relative issues concerning outdoor
advertising on balloon and corporate insignias on flags
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DEFERRED until the City Council Meeting of March 20, 1989:
Ordinance to AMEND and REORDAIN Article 1, Section
111, of the City Zoning Ordinance of the City of
Virginia Beach, Virginia, re definition of the term
,'sign".
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
- 17 -
Item IV-E.2.
ORDINANCES/RESOLUTIONS ITEM # 30867
Michael Tacorante, 750 Lord Dunmore Drive, Phone: 474-1300, registered in
OPPOSITION but WAIVED his right to speak as the Ordinance was being DEFERRED.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DEFERRED until the City Council Meeting of March 20, 1989:
Resolution referring to the Planning Commission an
Ordinance to amend Section 211 of the City Zoning
Ordinance re temporary signs.
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 @leyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 18 -
Item IV-E.3.
RESOLUTIONS/ORDINANCE ITEM # 30868
The City Clerk referenced letter from Art Zachary, Chairman - Virginia Beach
Municipal Affairs Conunittee of the Tidewater Board of Realtors, encouraging
City Council to proceed and participate in the next planning phase of the
proposed Light Rail Transit System.
The following spoke in SUPPORT of the Light Rail
Neil Abramson, 2501 Locks Road, Phone: 457-5842,
The following spoke i. OPPOSITION to the Light Rail:
The Honorable Robert G. Jones, 128 South Lynnhaven Road, Office: 486-0333
David Silverman, 4002 Thomas Jefferson Drive, Phone: 486-6853
Douglas E. Braun, 4908 Klamath Road, Phone: 499-2674, Vice President of the
Pocohantas Village Civic League
Linwood Branch, 773 Arctic Avenue, Phone: 425-1722
Harry J. Loman, 5629 Albright Drive, Phone: 479-4959
George B. Delano, 521 Buffer Drive, Phone: 497-6126
Ray H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008
Elizabeth Weast, 4844 Mandan Road, Phone: 499-2574, President - Pocohantas
Village Civic League
Art Beatty, 2933 West Gibbs Road, Phone: 421-2826,
Letter of March Sixth from Thomas Holland requesting response to six (6)
questions was read into the record by Councilwoman Parker.
A MOTION was made by Councilman Heischober, seconded by Councilman Baum to
ADOPT a Resolution certifying the City of Virginia Beach will provide Tidewater
Transportation District Comnlission one-half of the matching funds required for
State aid for public transportation capital funds in the preliminary
engineering for the LIGHT RAIL TRANSIT service; and, should the City cancel its
participation, TTDC will be reimbursed one-half of the total cost expended by
TTDC.
Upon SUBSTITUTE MOTION by Councilwoman McClanan, seconded by Councilman Moss,
City Council DENIED:
Resolution certifying the City of Virginia Beach
will provide Tidewater Transportation District
Commission one-half of the matching funds required
for State aid for public transportation capital
funds in the preliminary engineering for the LIGHT
RAIL TRANSIT service; and, should the City cancel
its participation, TTDC will be reimbursed one-half
of the total cost expended by TTDC.
- 19 -
Item IV-E.3.
RESOLUTIONS/ORDINANCE ITEM # 30868 (Continued)
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley and William D. Sessoms,
Jr.
Council Members Absent:
None
- 20 -
Item IV-F.
CONSENT AGENDA ITEM # 30869
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of
the CONSENT AGENDA.
Items 1, 2 and 3 were voted upon separately.
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
Mayor Oberndorf DISCLOSED she is a Member of the PRINCESS ANNE WOMAN'S CLUB,
(Item IV-F.13) but this will not inhibit her ability to vote in an objective
manner.
- 21 -
Item IV-F.I.a/b
CONSENT AGENDA ITEM # 30870
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council:
ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-393 the
Code of Virginia Beach, Virginia re meter zones:
ADOPTED, AS AMENDED*:
Ordinance to AMEND and REORDAIN Section 21-398 the
Code of Virginia Beach, Virginia re hours during
which division is applicable.
*,,The provisions of this division shall apply to
parking from 9:00 am. to 9;9@ P,I"g 7:00 P.M...
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, @layor 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 AMEND AND REORDAIN
2 SECTION 21-393 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO METER ZONES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 21-393 of the Code of the City oE Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12 Section 21-393. Meter zones established.
13
14 The following described parts of streets in the city
15 are hereby established as parking meter zones:
16 (1) Second, Third, Fourth, Fifth,
17 Sixth, Seventh, Eighth, Ninth,
18 Tenth, Eleventh, Twelf th and
19 Thirteenth Streets, from Pacific
20 Avenue to OceanEront.
21 (2) Twelfth Street from Lake Holly to
22 Pacific Avenue.
23 f-2i(3) Fourteenth, Sixteeiith, Eighteenth,
24 Twentieth, Twenty-second, Twenty-
25 fourth, Twenty-sixth, Twenty-
26 seventh, Twenty-eighth, Twenty-
27 ninth and Thirtieth Streets, from
28 Pacific Avenue to Oceanfront.
29 f3t(4) Fifteenth, N-ineteenth7 Twenty-first,
30 Twenty-third and Twenty-fifth
31 Streets, from Pacific Avenue to
32 Atlantic Avenue.
33 f4t(5) Seventeenth Street, from Arctic Avenue
34 to Atlantic Avenue.
35 (6) Nineteenth Street, from Arctic
36 Avenue to Atlantic Avenue.
37 (7) Twentieth Street, f rom Arctic
38 Avenue to Pacific Avenue.
39 t5i ( 8) Thirty-second Street, from Arctic Avenue to
40 Pacific Avenue.
41 (9) Thirty-third Street to Thirty-
42 eighth Street, from Pacific Avenue
43 to Oceanfront.
44 (10) Thirty-ninth Street, from Pacific
45 Avenue to Atlantic Avenue.
46 (11) Fortieth Street, from Pacif ic
47 Avenue to Oceanfront.
48 t6t(12) Atlantic Avenue, from Second Street to Twenty-
49 f-ifth-Street Fourth Street.
50 f-71 ( 13 )Pacific Avenue, from Second Street to
51 Thirteenth Street, from Twenty-
52 f-if-tyfifth Street to Twenty-seventh
53 Street and from Thirtieth Street to
54 Thirty-third Street.
55 f6i(l4) All city-owned parking areas adjacent and
56 contiguous to the Rudee Inlet Loop.
57 (15) All city-owned parking areas
58 adjacent and contiguous to the
59 southwest portion of Norfolk Avenue
60 and Pacific Avenue.
61
62 Adopted by the Council of the City of Virginia Beach,
63 Virginia, on the 6tb day of March 1989.
64
65 RMB/epm
66 02/28/89
67 CA-03192
68 \ordin\proposed\21-393.pro
69
70
71
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-398 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO HOURS DURING WHICH
5 DIVISION IS APPLICABLE
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 21-398 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 21-398. Hours during which division is applicable.
14
15 The provisions of this division shall apply to parking
16 from IOTOO 9:00 a.m. to 6TOO 7:00
17 parking-area-commeniy-known-as-the-Rudee-iniet-boop-Wayside-where
18 they-@-i-i--apply- -f-24t- -per-@i- on every day
19 including federal and state legal holidays and Sundays from May
20 first to October first of each calendar year.
21
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the 6th day of March, 1989.
24
25 RMB/epm
26 02/28/89
27 03/06/89
28 CA-03193
29 \ordin\proposed\21-398.pro
30
31
32
- 22 -
Item IV-F.2
CONSENT AGENDA TTEM # 30871
Upon motion by Vice Mayor Fentress, seeconded by Councilman @loss, City Council
DEFERRED INDEFINITELY:
Ordinance to AMEND the Guidelines for not-for-
profit agencies receiving grant funds from the City
of Virginia Beach and to ESTABLISH a COMKUNITY
ORGANIZATION INCENTIVE GRANT ALLOCATION REVIEW
COMMISSION for allocation of funds to such
agencies.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
City Council requested the Ordinance be restructured similar to the Arts and
Humanities Commission's procedure of timing and submission for grant
allocations. City Council wishes to be aware prior to the ADOPTION of the
Budget, the funds which have been allocated among the various organizations.
The City Manager advised AMENDING Section 6 to reflect the Community
Organization Incentive Grant Allocation Review Commission shall make a report
to the City Council by March First of each year.
- 23 -
Item IV-F.3
CONSENT AGENDA ITEM # 30872
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance authorizing the City Manager to execute
an agreement with Virginia Housing Development
Authority for the reservation of $1,620,000 for
mortgage financing re Urban Preservation and Infill
Commitments.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baurn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Mernbers Voting Nay:
None
Council Mernbers Abstaining:
Reba S. McClanan and Mayor Meyera E. Oberndorf
Council Members Absent:
None
Mayor Oberndorf and Councilwoman McClanan ABSTAINED as they own bonds in the
VIRGINIA HOUSING DEVELOPMENT AUTHORITY.
REQUESTED BY: THE DEPARTMEMT OF HOUSING AND COMMU14ITY
DEVELOPMENT
ORDINANCE AUTHORIZIMG THE CITY MANAGER
TO EXECUTE AN AGREEMENT CONCERNING
URBAN PRESERVATION AND INFILL COMMITMENTS
WHEREAS, the City of Virgi.nia Beach has been allocated funds
by the Virginia Housing Development Authority for mortgage
financing for purchasers of single family dwelling units which
are eligible under the Urban Preservati.on and Infill Program; and
WHEREAS, subject to the terms and conditions of the one
agreement attached hereto, the Virginia Housing Development
Authority will reserve for the City of Virginia Beach $1,620,000
to be used to provide mortgage loan financing under the
Authority's Residential Mortgage Program for persons and families
of low and moderate income who purchase single family dwelling
units eligible under the Urban Preservation and Infill program;
and
WHEREAS, the City of Virginia Beach wishes to accept such
reservation of funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA; that the City Manager is hereby
authorized to enter into an agreement with the Virginia Housing
Development Authority for the reservation of $1,620,000 for
mortgage fi.nancing for purchasers of single family dwelling units
who are eli.gible under the Urban Preservation and Infill Program.
Said agreement is attached hereto and i.ncorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Vi.rginia on the 6th day of March, 1989.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mar@n/I. Usti,:k, Director David S. Hay
Department of Housing and City Attorney's Office
Community Development
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
URBAN PRESERVATION AND INFILL PROGRAM
TARGETED AREAS ALLOCATION AGREEMENT
THIS AGREEMENT, made as of the 14th day of December,
1988, by and between the VIRGINIA HOUSING DEVELOPMENT AUTHORITY,
a political subdivision of the Commonwealth of Virginia
(hereinafter referred to as the "Authority") and the City of
Virginia Beach (hereinafter referred to as the "Locality");
W I T N E S S E T H:
WHEREAS, the Locality has applied to the Authority for
mortgage financing for purchasers of single-family dwelling units
which are eligible under the Urban Preservation and Infill
Program (hereinafter the "UP & I Program") in Richmond, Virginia;
WHEREAS, the Authority expects to make available its
Commonwealth Mortgage Bonds, 1988 A-AMT (The Series A Bonds"), a
portion of the proceeds of which are expected to finance mortgage
loans in "Targeted Areas" (as hereinafter defined).
NOW, THEREFORE, in consideration of the premises
aforesaid, the commitments herein contained and other good and
valuable consideration, the parties agree as follows:
1. Reservation of Funds. Subject to the terms and conditions
herein, the Authority hereby agrees to make an allocation
(the "Allocation") for the Locality in the amount of
$1,620,000 (the "Allocated Funds") to be used to provide
mortgage loan financing under the Authority's single-family
mortgage loan program (the "Program") for persons and
families of low- and moderate-income who purchase single-
family dwelling units which are located within Targeted
Areas (as defined in Paragraph 2 below). The Locality
hereby accepts such Allocation. Mortgage loans to be
financed with the Allocated Funds shall be originated,
processed and disbursed by the Authority's
Processing/Disbursing/Servicing Agents (IIPDS Agents") in
accordance with this Agreement, the Rules and Regulations of
the Authority, the PDS Agreements between the Authority at
the PDS agents, the Authority's Processing and Disbursing
Handbook and the Authority's Procedures, Instructions and
Guidelines for the Program.
2. se of Funds. All mortgage loans made pursuant to this
Agreement must be for the purchase of properties which are
located within
of Chronic.Economic Distress, ("Targeted Areas") as defined
-1-
in Section 143 of the Internal Revenue Code, as amended, and
the regulations issued thereunder (herein "Section 14311).
If no such areas are approved within 90 days of the date of
this Agreement, the Authority may recapture these funds and
reallocate such funds to other approved areas.
3. Allocation Periods. Subject to the provisions hereof, the
Allocated Funds will be allocated for the Locality until the
latter of December 14, 1989, or one year from the date the
Authority determines that "funds are first made available
with respect to Targeted Area residences" for purposes of
Section 143. To the extent that such funds are not
committed, settled and disbursed by said date, such funds
shall (at the option of and to the extent deemed appropriate
by the Authority) no longer be deemed Allocated Funds for
the Locality and may be used by the Authority for any lawful
purpose.
4. Rate of Interest.
(a) Initial Interest Rate. Mortgage loans made pursuant to
this Agreement ("Targeted Mortgage Loans"), the
applications for which were received by the applicable
PDS Agent before the effective date of the first
notification, if any, sent pursuant to subsection b. of
this section shall bear interest at a rate of 9-5/8
(9.625)%.
(b) Changes in Interest Rate. The Authority may from time
to tirne adjust the interest rate to be charged on
Targeted Mortgage Loans the applications for which are
received by the applicable PDS Agent on or after the
effective date of such notification. Such new rate
shall be specified in the notification and shall have
been deterniined in accordance with the resolutions
authorizing the issuance and sale of the series A
Bonds.
5. Loans to One-Person Households. The Authority shall not
impose any limit on the number of mortgage loans made to
one-person households pursuant to this Agreement.
6. Reduction.of Amount of Allocated Funds. The Authority nay,
at any time and from time to time, reduce the amount of the
allocated Funds for the Locality if:
(a) The Authority has determined,that it is unlikely that
mortgage loans will be committed, settled and disbursed
within the time period set forth in paragraph 3 hereof
in the amount of the Allocated Funds, in which case the
Authority may reduce the amount of Allocated Funds to
such amount as the authority determines will be fully
committed, settled and disbursed within such period; or
-2-
I
(b) The Authority is unable to make available a sufficient
aggregate principal amount of the Series A Bonds to
enable it to provide the total amount of Allocated
Funds set aside for all localities for Targeted Areas
under the UP & I Program.
The Locality understands and agrees that the Authority has made
the determination that the Allocated Funds must be coinmitted,
settled and disbursed within the time periods set forth in
paragraph 3 hereof in order to assure the success of the
Authority's UP & I Program and therefore agrees that any
determination made by the Authority pursuant to this paragraph 6
above shall be final and binding on the Locality.
7. Termination of Allocation of Funds. The Authority may, at
any time, terminate the allocation of Allocated Funds for
the Locality upon 30 days written notice to the Locality
that the Authority has determined (a) that the Locality is
not complying with the program or other agreements between
the Locality and the Authority, or (b) that termination is
necessary to comply with the tax covenant in the General
Bond Resolution for the Series A Bonds or (c) that
termination is necessary to comply with Section 143.
8. Obligation of the Locality to Advertise. The Locality shall
assist the Authority and the PDS Agents in using reasonable
diligence to place the Allocated Funds in qualified
mortgages within the meaning of Section 143. As part of
said duty to assist the Authority and the PSD Agents, the
Locality shall be required to make available the
availability of these funds in the manner prescribed by the
Authority, and shall provide evidence to the Authority of
its compliance with this requirement.
9. Conditions Precedent. All rights, covenants and duties of
the parties hereto are contingent upon the Authorityvs
making available the Series A Bonds within 90 days of this
Agreement at such interest rates and upon such other terms
and conditions as are acceptable to the Authority. In the
event that the Authority fails or is unable to make
available such Series A Bonds, this Agreement shall be null
and void as of the date hereof.
10. Choice of I,aw; Miscellaneous. This Agreement shall be
construed in accordance with the laws of the Commonwealth of
virginia. All provisions contained herein are severable and
should any provision be held invalid by a court of competent
jurisdiction, the remaining provisions shall remain in full
force and effect. In addition, all documents, resolutions
and agreements referred to in this Agreement shall be deemed
incorporated herein by reference.
-3-
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement by their duly authorized representatives, as of
the day and year first above
VIR AUTHORITY
By,
Dknald L. *itenour, Director
Sin@le Family Development
LOCALITY
By:
Its:
DATE:
VR:rl tal
-4-
- 24 -
Item IV-F.4
CONSENT AGENDA ITEM # 30873
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute
an agreement with Kemp River Corner Associates for
the Temporary Vacation of a five-foot No
Ingress/Egress Agreement.
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. lqcclanan, 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
2
3
4 AN ORDINANCE AUTHORIZING THE CITY
5 MANAGER TO EXECUTE AN AGREEMENT
6 FOR THE TEMPORARY VACATION OF A 5'
7 NO INGRESS/EGRESS EASEMENT
8
9
10 WHEREAS, on February 10, 1986, the city of Virginia
11 Beach leased an approximate 2.247 acre parcel to Bonney's Corner
12 Associates for a term of years as set forth in the "lease
13 agreement" recorded in the Clerk's office of the City of Virginia
14 Beach; and
15 WHEREAS, a 51 NO INGRESS/EGRESS EASEMENT shown in Map
16 Book 176 at page 31 is located on a parcel contiguous to the
17 2.247 acre parcel referenced above. Said easement prevents
18 access to the 2.247 acre parcel leased to Bonney's Corner
19 Associates and its assigns; and
20 WHEREAS, Kemp River Associates is the assignee of the
21 2.247 acre parcel and desires to be able to cross a portion of
22 the 51 NO INGRESS/EGRESS EASEMENT for access between the property
23 it owns and the property Bonney's Corner Associates leases from
24 the City during the term of the "lease agreement."
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
26 CITY OF VIRGINIA BEACH, VIRGINIA:
27 THAT the City Manager is hereby authorized and
28 directed to execute the Temporary Conditional Vacation of a 5' NO
29 INGRESS/EGRESS EASEMENT agreement, a copy of which is attached
30 hereto and incorporated by reference.
31 Adopted by the Council of the City of Virginia Beach,
3 2 Virginia on the Sixth day of March 1989.
3 3
34 DSH/awj
35 CA-3096
36 Ingress.ord
37
TEMPORARY CONDITIONAL VACATION OF A 5- NO INGRESS/EGRESS EASEMENT
THIS AGREEMENT, Made this day of , 1989 by and between THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
party of the first part; and KEMP RIVER CORNER ASSOCIATES, a Virginia general
partnership, party of the second part.
WHEREAS, by an agreement dated the 10th day of February, 1986, by and
between the City of Virginia Beach, Virginia and Bonney's Corner Associates, which
is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 2491 at page 2010, the City of Virginia Beach leased
certain real property in the City of Virginia Beach, which is more particularly
described in said agreement, this agreement may herein be referred to as the "lease
agreement" and is hereby incorporated by reference; and
WHEREAS, a 5' NO INGRESS/EGRESS EASEMENT is shown on a recorded plat in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map
Book 176 at page 31 which prevents the ingress and egress of traffic between the
property now owned by Kemp River Corner Associates and the leased property described
in the said agreement between the City of Virginia Beach, Virginia and Bonney's
Corner Associates; and
WHEREAS, Kemp River Corner Associates, the owner of the property on which
the said 5' NO INGRESS/EGRESS EASEMENT is located desires to be able to cross a
portion of the said 51 No INGRESS/EGRESS EASEMENT for ingress and egress between
the property which it owns and the property leased by the City of Virginia Beach
in the above described agreement pursuant to certain terms and conditions described
below; and
WHEREAS, the party of the second part has requested the party of the first
part to temporarily vacate a portion of the 5' NO INGRESS/EGRESS EASEMENT to allow
GPIN NO. 1465-38-4730
-1-
for the ingress and egress of traffic between the property owned by Kemp River
Corner Associates and the land leased by Donney's Corner Associates from the City
of Virginia Beach under certain terms and conditions; and
WHEREAS, the leased property may, at some future date, be used as a traffic
interchange in the road network for the City of Virginia Beach and the lease to
Bonney's Corner Associates would terminate pursuant to the terms of the "lease agree-
ment" referenced above; and
WHEREAS, the City of Virginia Beach, has agreed to grant said temporary
vacation of a portion of the 5' NO INGRESS/EGRESS EASEMENT pursuant to the terms and
conditions herein set forth;
1. That for and during the term of said "lease agreement", until it is
terminated as set forth therein, the City of Virginia Beach does hereby agree
that the ingress/egress prohibition set forth on that certain plat duly recorded
in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 176 at page 31 be and hereby is temporarily vacated as to the following
described parcel of property to allow a private road for vehicular and pedestrian
ingress and egress:
"PORTION OF EXIST. 5' NO INGRESS/EGRESS EASEMENT HEREBY VACATED" as
shown on the survey entitled, "Exhibit Showing Portion of 51 No
Ingress/EgresS Easement Hereby Vacated Ref: M.B. 176, P. 31, Kempsville
Borough, Virginia Beach, Virginia", made by Talbot & Associates, Ltd.,
dated 11-2-88, which is hereby attached to this document and constitutes
a part of this document.
2. That the temporary vacation of a portion of said 5' NO INGRESS/EGRESS
EASEMENT described aforesaid shall terminate in the event and at the time the
City of Virginia Beach commences the actual on-site construction of the traffic
interchange referred to in the "lease agreement".
3. That in the event on or prior to October 31, 2010 the City of Virginia
Beach has not actually commenced construction of the said traffic interchange
-2-
pursuant to the terms and conditions referenced in the "lease agreement", the
portion of the 5' NO INGRESS/EGRESS EASEMENT shall be permanently vacated on that
portion as described above.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
By: (SEAL)
City Manager
ATTEST:
City Clerk
COt4MONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
1989 by City Manager and
, City Clerk on behalf of the City of Virginia Beach,
Virginia pursuant to due authority.
Notary Public
My commission expires:
-3-
BONNEYS CORNER
PARCEL .iI I
(D. B. 24 11 . P. 680)
R I BO.OC)' 16 ' 40" W I f
L- 4.64'
R 320,00
5 NO INGRESS / EGRE! L 15.49'
T M.B. 176 , P. 31
0
tNs
EXI,9T. R/W
M.S. 129, P 26
R 14 5.00
L= 50.62'
00,
BONNEYS CORNER
REMAINDER OF PARCEL '2'
(D.B. 2411 P. 680)
I.?9
136T
'26
EXHIBIT SHOWING
PORTION OF 5' NO INGRESS/ EGRESS
EASEMENT HEREBY VACATED
R E F : M.B. 176 P. 31
I<EMPSVILLE B013OUGHO VIRGINIA BEACH, VIRGINIA
- 25 -
Item TV-F.5
CONSENT AGENDA ITEM # 30874
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize acquisition of property in fee simple and
temporary and permanent easements, either by agreement or
condemnation, for rights-of-way;
Alanton 51% Type CIP 5-025
Burton Station CIP 6-922 and CIP 5-962
Great Neck Point CTP 6-942 and CIP 5-022
Landstown Suction CIP 5-713
Larkspur 51% Type CIP 6-945
Lynnwood/Michaelwood CIP 6-948 and CIP 5-048
Lynnhaven Pump Station Modifications CIP 5-835
River Road CIP 6-980 and CIP 5-030
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
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 LANDSTOWN SUCTION CIP 5-713, BURTON STATION
4 CIP 6-922 & CIP 5-962, ALANTON 51% TYPE CIV
5 5-025, RIVER ROAD CIP 6-980 & CIP 5-030,
6 LYNNWOOD/MICHAELWOOD CIP 6-948 & CIP 5-048,
7 LARKSPUR 51% TYPE CIP 6-945, GREAT NECK POINT
8 CIP 6-942 & CIP 5-022, AND LYNNHAVEN PUMP
9 STATION MODIFICATIONS cip 5-835 AND THE
10 ACQUISITION OF TEMPORARY AND PERMANENT
11 EASEMENTS OF RIGHT OF WAY, EITHER BY
12 AGREEMENT OR CONDEMNATION
13
14 WHEREAS, in the opinion of the Council of the city of
15 Virginia Beach, Virginia, a public necessity exists for the
16 construction of these important roadways to provide
17 transportation and for other public purposes for the preservation
18 of the safety, health, peace, good order, comfort, convenience,
19 and for the welfare of the people in the City of Virginia Beach:
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 Section 1. That the city Attorney is hereby authorized and
23 directed to acquire by purchase or condemnation pursuant to
24 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
25 89, et seq., Code of Virginia of 1950, as amended, all that
26 certain real property in fee simple, including temporary and
27 permanent easements of right of way as shown on the plans
28 entitled "Proposed construction of Landstown Suction, CIP 5-713,
29 HDR Engineering, Ltd., Engineers, Virginia Beach, virginia;"
30 "Proposed construction of Burton Station, CIP 6-922, CIP 5-962,
31 Rouse-Sirine Associates, Ltd., Engineers Virginia Beach,
32 Virginia;" "Proposed construction of Alanton - 51% Type, CIP 5-
33 025, R. Kenneth Weeks Engineers, Norfolk, Virginia;" "Proposed
34 construction of River Road Water and Sewer System, CIP 6-980, CIP
35 5-030, Talbot & Associates, Ltd., Engineers, virginia Beach,
36 Virginia;" "Proposed construction of Lynnwood/Michaelwood Water
37 and Sanitary Sewer, CIP 6-948, CIP 5-048, William C. Overman &
38 Associates, P.C., Engineers, Virginia Beach, Virginia;" "Proposed
39 construction of Larkspur - 51% Type, CIP 6-945, R. Kenneth Weeks
40 Engineers, Norfolk, Virginia;" "Proposed construction of Great
41 Neck Point Water and Sewerage System Improvements, CIP 6-942, CIP
42 5-022, Bengtson, DeBell, Elkin & Titus, Engineers, Virginia
43 Beach, Virginia" and "Proposed construction of Lynnhaven Pump
44 Station Modifications, CIP 5-835, Malcolm-Pirnie, Inc.,
45 Engineers, Virginia Beach, Virginia," these plans being on file
46 in the Department of Public Utilities, Municipal Center, City of
47 Virginia Beach, virginia.
48 Section 2. That the City Attorney is hereby authorized to
49 make or caused to be made on behalf of the City of Virginia
50 Beach, to the extent that funds are available, a reasonable offer
51 to the owners or persons having an interest in said lands, if
52 refused, the City Attorney is hereby authorized to institute
53 proceedings to condemn said property.
54 That an emergency is hereby declared to exist and this
55 ordinance shall be in force and effect from the date of its
56 adoption.
57 Adopted by the council of the City of Virginia Beach,
58 Virginia, on the Sixth day of March 19 89
59
60
61
62
63
64
65
66
67
68
69 JAR/ih
70 CA-3175, 3176, 3178, 3112, 3181, 3177, 3180, 3179
71 \ordin\noncode\rwwater.ord
- 26 -
Item IV-F.6
CONSENT AGENDA ITEM # 30875
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
fee simple and temporary and permanent easements,
either by agreement or condemnation, for the
right-of-way for Princess Anne Road and Seaboard
Road Intersection improvements.
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. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Menbers Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 PRINCESS ANNE ROAD AND SEABOARD ROAD
4 INTERSECTION IMPROVEMENTS AND THE ACQUISITION
5 OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT
6 OF WAY, EITHER BY AGREEMENT OR CONDEMNATION
7
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important roadway to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
19 89, et seq., Code of Virginia of 1950, as amended, all that
20 certain real property in fee simple, including temporary and
21 permanent easements of right of way as shown on the plans
22 entitled 'IC.I.P. 2-098 PRINCESS ANNE - SEABOARD ROAD INTERSECTION
23 IMPROVEMENTS," these plans being on file in the Office of Real
24 Estate Department of Public Works, Virginia Beach, virginia.
25 Section 2. That the City Attorney is hereby authorized to
26 make or caused to be made on behalf of the City of Virginia
27 Beach, to the extent that funds are available, a reasonable offer
28 to the owners or persons having an interest in said lands, if
29 refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 That an emergency is hereby declared to exist and this
32 ordinance shall be in force and effect from the date of its
33 adoption.
34 Adopted by the council of the City of Virginia Beach,
35 Virginia, on the 6 day of Marcli 19 89
3 6
37
38
3 9
40
41
42
43
44
45
46 JAR/ih
47 CA-3168
48 \ordin\noncode\paseaboa.ord
01,41 C;,,
DEPARTMENT
@,PPROVED AS TOLEGAL
A(;t
H[ON
14
ANNE
-ANfti
ieciiicl PROJE
Aiiiie
icil)al Ceiiiet
ES
City Gainul
C.I.P. 2-098
PRINCESS ANNE - SEABOARD ROAD
INTERSECTION IMPROVEMENTS
- 27 -
Item IV-F.7
CONSENT AGENDA ITEM # 30876
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $84,000 for improvements
to the Fire Training Center and to increase revenue
from the Commonwealth of Virginia Department of
Fire Programs.
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
A ORDIMANCE TO APPROPP= $84,000 F'OR
TO TBE = CW= AND
TO IN E REVENUE FROM ME
MMNWEALTH OF VUZGMA DEP OF FIRE
the Commnwealth of Vircjinia, through its DeparbTient of Fire
Progr @ , provides resources to assist localities in cing local fire
prog-, and
, the City of Virginia Beach has dir th- furids t
developmnt of the Fire Training Center structure, i-TTrovm-ts, and equipinent,
and
wHEREAs, additional resources are needed as a conting-cy for CIP Project
3-976 (Fire Trainirxg Center/Warehouse FacilitY) and for construction of se=ity
fenciM for the Fire TrainiM Center site, and
, the state Department of Fire Programs has provided a -itt-
estimte of $285,000 in Fire Programs for the city of Vi@ia Beach for FY
88-89,
NOW T=FORE BE IT RESOLVED BY THE ODUNCIL OF @ CITY OF @DTIA BEACH,
that funds in the amount of $84,000 be appropriated to the Fire
Fund for additions to the Fire @inincj center and installation of
security fencim at the @in@ Center, and that Rev-ue f- the C- -lth
of Virginia Dp-partment of Fire be increased by $84,000.
This ordinance shall be effective frcm the date of its adoption.
Adcpted by the Council of the city of Vi@ia Beach, Virginia on
the y of 1989.
First ReadinQ March 6, 1989
Seoond Reading
- 28 -
Item IV-F.8
CONSENT AGENDA ITEM # 30877
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $95,300 from Reserve for
Contingencies to the Tax Exemption Program for the
Elderly and Handicapped.
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
AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $95,300
FROM RESERVE FOR CONTINGENCIES TO THE
TAX EXEMPTION PROGRAM FOR THE ELDERLY AND HANDICAPPED
WHEREAS, the City of Virginia Beach continues to assist elderly and
handicapped citizens of the City by providing real estate tax relief to eligible
populations, and
WHEREAS, there has been a significant increase in the number of citizens
requesting and qualifying for real estate tax relief in FY 1989, and
WHEREAS, the original appropriation in the FY 1988-1989 Operating Budget
for this purpose is $309,250, and
WHEREAS, an increase in the number of qualifying citizens has led to the
approval of tax relief applications totaling $404,550, creating a funding
variance of $95,300 greater than the funding originally appropriated for the tax
exemption program in the FY 1988-1989 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $95,300 are hereby transferred from
the Reserve for Contingency to the Non-Departmental account for the Tax Exemption
Program.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
6 March
day of 1989.
APP',--VE7@) f,,S TO CONTENT
T
- 29 -
item IV-F.9
CONSENT AGENDA ITEM # 30878
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $83,900 within the FY 1988-
1989 Operating Budget to facilitate the acquisition
of additional beach cleaning equipment.
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
;i,i LrT
AN TO
CNS OF $83,900 TO
TM TTICK OF
ADDITI@ EEACH
the Ariny CC)rps of Erigineers has sigried a contract with the
City of Virginia Beach to begin a beach ion project in May of 1989, and
, this project is expected to increase the width Of the resort
beadi between 10th arxi 47th Streets fr(xn 90 feet to 210 feet, and
, additional beach cleanirxg equi@t will be needed to maintain
the current frequencies and coverage of beach cl -i-, and
the estlmted cost to acquim a beach cleaner and a tractor is
$83,900, and
funds totaling $83,900 have been identified within the Fy
1988-89 Operating Budget.
NOW, , BE Tr BY TM CLTY OF THE CTRY OF
EEACH that funds of $83,900 be transferred within the FY 1988-89
Operating Budget to facilitate the acquisition of beach cleaning equipment.
This ordinance shall be effective subsequent to the date of its
adoption.
Adopted by the Comcil of the City of Vi@inia Beach, virginia on the
Sixth March
day in - of 1989.
- 30 -
Item IV-F.10
CONSENT AGENDA ITEM # 30879
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $49,994 from the General Fund
Reserve for Contingencies to the General Registrar
for the June 13, 1989, Republican Party Primary.
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
AN ORDINANCE TC) TRANSFER $49,994 FROM
RESERVE F'OR CONTINGENCIM TO UM GENERAL REGISTRAR
FOR THE JUNE 13, 1989 CAN PARRY Y
the Republican Party in the City of Vircjinia Beach has chosen to
select its candidates for statewide office by the pr inethod, and
WHEREAS, the General Registrar of the City of Virginia Beach did not include
fund@ for such a city-wide pr election in the General Registrar's portion
of the Approved FY 88-89 Operating Budget, and
WHEREAS, the cost of such a pr@ is estimated to cost an additional
$49,994 for persomel, supplies, and other expenses to oper-ate polling locations
city-wide,
NOW RE BE IT ORDAINED BY TBE COUNCIL OF ME CITY OF @INIA BEACH,
=INIA that funds in the amount of $49,994 be transferred to the General
Registr'ar's budget froin the General Fund Reserve for ContiMencies for carrying
out the primry election of June, 1989.
This ordinance shall be effective fran the date of its adoption.
Adopted by the Council of the City of Virginia Beach, virginia on
the of March 1989.
TO COi4TENT
@.,Pl IT@,'@ENT
A
- 31 -
Item IV-F.Ila.
CONSENT AGENDA TTEM # 30880
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of City property known as Waters of
Lake Holly to George E. Whitley and Irene P.
Whitley, husband and wife, their heirs, assigns and
successors in title, to construct/maintain a
bulkhead.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
Voting: 11-0
Council Members Voting Aye:
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
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF CITY
PROPERTY KNOWN AS WATERS
OF LAKE HOLLY TO GEORGE
E. WHITLEY AND IRENE P.
WHITLEY, HUSBAND AND
WIFE, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, George E. Whitley and Irene P. Whitley, husband and
wi.fe, their heirs, assigns and successors in title are
authorized to construct and maintain a temporary encroachment
into City property known as waters of Lake Holly.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a bulkhead and
that said encroachment shall be constructed and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a
portion of the City property known
as waters of Lake Holly as shown on
that certain plat entitled:
"BULKHEAD IN LAKE HOLLY VIRGINIA
BEACH VA SHT 1 OF 1 11./14/88,11 a
copy of which is on file in the
Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to George E. Whitley and Irene P. Whitley, their
heirs, assigns and successors in title and that within thirty
(30) days after such notice is given, said encroachment shall be
removed from the City property known as waters of Lake Holly and
that George E. Whitley and Irene P. Whitley, husband and wife,
their heirs, assigns and successors i.n title shall bear all costs
and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that George E. Whitley and Irene P. Whitley, husband
and wife, their heirs, assigns and successors in title shall
i.ndemnify and hold harmless the City of Virginia Beach, its
agents and employees from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it
shall be necessary to file or defend an action arising out of the
location or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect iintil such time that George E. Whitley and Irene P.
Whitley, husband and wife, execute an agreement with the City of
Virginia Beach encompassing the aforementioned provisions.
Adopted. by the Council of the City of Virginia Beach,
Virgini,a, on the Sixth day of March 19 89
JAS/jls
01/31/89 APpkC)VED AS TO CONTENTS
CA-89-3121
(encroach\whitley.ord)
APPROVED AS TO LEGAL
SU'r'F!CiENCY AND FORM
2
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 GEORGE E.
and IRENE P. WHITLEY, 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 bulkhead in the City of
,,'Virginia Beach; and
WHEREAS, in constructing and maintaining such
btilkliead, it is necessary that the said parties of the second
part encroach into a portion of existing City property known
as waters of Lake Holly; and said parties of the second part
have requested that the party of the first part grant a
,temporary encroachment to facilitate such bulkhead within a
,!portion City property known as waters of Lake Holly.
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 part, receipt of which is hereby acknowledged, the party
GPIN
of the first part doth grant to the parties of the second part
a temporary encroachment to use a portion of the Ci.ty property
known as waters of Lake Holly for the purpose of constructing
and maintaining such bulkhead.
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
vi.rginia Beach Public Works Departnient's specifications and
approval as to size, aligriment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City property known as waters of Lake
Holly as shown on that certain plat
entitled: "BULKHEAD IN LAKE HOLLY VIRGINIA
BEACH VA SHT 1 OF 1 11/14/88,11 a copy of
which is attached hereto 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
@,City property known as waters of Lake Holly by the parties of
I the second part; and that the parties of the second part shall
@@bear all costs and expenses of such removal.
It is further expressly understood and agreed that
tfte parties of the second part shall indemnify and hold
harniless the City of Virginia Beach, its agents and employees,
2
Ifrom and against all claims, damages, losses and expenses
including reasonable attorney's fees in case it shall be
@necessary to file or defend an action arising out of the
location or existence of such temporary encroachment.
it is further expressly understood and agreed that
iriothing herein contained shall be construed to enlarge such
lpermission and authority to permit the maintenance or
@construction of any encroachment other than that specified
I
Iherein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the parties of the second part.
It is further expressly understood and agreed that
I,,Ithe parties of the second part shall bear the responsibility of
@lobtaining an approved waterfront permit.
It is further expressly understood and agreed that
,Ithe parties of the second part shall obtain a waiver from the
Manager prior to waterfront approval.
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
larid permission so granted, may remove any such encroachment and
@Icharge the cost thereof to the parties of the second part, and
ilcollect 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
1 pending such removal, the party of the first part may charge
i I
ilthe parties of the second part compensation for the use of such
3
I;portion of City property encroached upon the equivalent of what
@would be the real property tax upori the land so occupied if it
were owned by the parties of the second part; and if such
rernoval 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, George E. Wbitley and Irene P.
Whitley, husband and wife, the said parties of the second part
liave 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 Manager
(SEAL)
ATTEST:
City Clerk
By
Georgc E. Wh ticly
By @Z
Irene P. Whitleyv
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
T, 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 -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, 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 Cormnission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for tlie City and State aforesaid, do hereby
certify that George E. Whitley, whose name is signed to the
foregoing writing, bearing date the --@t4 day of
19 has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of
19@
tary Public
MY Commission Expi.res:
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 Irene P. whitley, whose name is signed to the
foregoing writing, bearing date the day of
has acknowledged the same
d State aforesaid.
Given under my hand this day of
19
ary Public
My Commission Expires:
6
JAS/jls
Date: 01/31/89
CA-3121
(encroach\whitley.agr)
APPROVED AS TO CONTENTS
SIGNA@URE
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- 32 -
Ttem TV-F.Ilb.
CONSENT AGENDA ITEM # 30881
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Shore Drive
to The Landings Homeowners Association, its assigns
and successors in title, to construct/maintain an
identification sign.
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 be come 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 laibility (minimum $300,000).
6. The identification sign for The Landings must not
exceed 32 square feet.
7. The owner agrees that if the berm with landscaping
becomes a view obstruction, he will be required to
trim or remove the obstruction.
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, @layor 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 SHORE
7 DRIVE TO THE LANDINGS
8 HOMEOWNERS ASSOCIATION,
9 ITS 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, The Landings Homeowners Association, its assigns and
17 successors in title are authorized to construct and maintain a
18 temporary encroachment into the right-of-way of Shore Drive.
19 That the temporary encroachment herein authorized is
20 for the purpose of constructing and maintaining a berm with
21 landscaping and an identification sign and that said encroachment
22 shall be constructed and maintained in accordance with the City
23 of Virginia Beach Public Works Department's specifications as to
24 size, aligrunent and location, and further that such temporary
25 encroachment is more particularly described as follows:
26
27 An area of encroachment into a
28 portion of the City's right-of-way
29 known as Shore Drive as shown on
30 those certain plats entitled:
31 "BERM PLAN SCALE 1/8" = l'O","
32 "ELEVATION OF SIGN FACE SCALE 1/4"
33 = ltoll," AND "X - SECTION A-A SCALE
34 1/8" = 11011,11 copies of which are
35 on file in the Department of
36 Public Works and to which reference
37 is made for a more particular
38 description.
3 9
40 PROVIDED, HOWEVER, that the temporary encroachment
41 herein authorized shall terminate upon notice by the City of
42 Virginia Beach to The Landings Homeowners Association, its
43 assigns and successors in title and that within thirty (30) days
44 after such notice is given, said encroachment shall be removed
45 from the City's right-of-way of Shore Drive and that The Landings
46 Homeowners Association, its assigns and successors in title shall
47 bear all costs and expenses of such removal.
48 AND, PROVIDED FURTHER, that it is expressly understood
49 and agreed that The Landings Homeowners Association, its assigns
50 and successors in title shall indemnify and hold harmless the
51 City of Virginia Beach, its agents and employees from and against
52 all claims, damages, losses and expenses including reasonable
53 attorney's fees in case it shall be necessary to file or defend
54 an action arising out of the location or existence of such
55 encroachment.
56 AND, PROVIDED FURTHER, that this ordinance shall not be
57 i.n effect until such time that The Landings Homeowners
58 Association executes an agreement with the City of Virginia
59 Beach encompassing the afore-mentioned provisions.
60 Adopted by the Council of the City of Virginia Beach,
61 Virginia, on the 6th day of March 19 89
6 2
63
64 JAS/ih
6 5 01/04/89 APPFOVED AS TO COtIT't':NTS
66 CA-88-3097
67 (encroach\landings.ord)
2
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 ThE
LANDINGS HOMEOWNERS ASSOCIATION, ITS 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 construct and maintain a berm with landscapingI
and an identification sign in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such berm
with landscaping and an identification sign, it is necessaryl
that the said party of the second part encroach into a portionI
of an existing City right-of-way known as Shore Drive; and s"id"
party of the second part has requested that the party of the!
first part grant a temporary encroachment to facilitate suchi
berm with landscaping and an identification sign within ai
portion of the City's right-of-way known as Shore Drive.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the partyl
of the second part and for the further consideration of Onel
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-,
GPIN #1590-41-1009 CM GPIN #1590-41-2017 CM
of-way known as Shore Drive for the purpose of constructing and
maintaining such berm with landscaping and an identification
sign.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
laccordance 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 Shore
Drive as shown on those certain plats
entitled: "BERM PLAN SCALE 1/8" =l'O'lI f?
"ELEVATION OF SIGN FACE SCALE 1/4" =1,0","
AND "X - SECTION A-A SCALE 1/8" =1'0',,"
copies of which are attached hereto and to
which reference is made for a more
particular description.
It is further expressly understood and agreed that
the temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice
is given, such temporary encroachment shall be removed from the
City's right-of-way known as Shore Drive by the party of the
Isecond part; and that the party of the second part shall bear
Iall costs and expenses of such removal.
It is further expressly understood and agreed that
Ithe party of the second part shall indemnify and hold harmless
@the City of Virginia Beach, its agents and employees, from and
2
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that
the party of the second part 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 party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Three Hundred Thousand
Dollars ($300,000.00).
It is further expressly understood and agreed that
the encroaching subdivision sign shall not exceed thirty-two
(32) square feet per face, shall not exceed two (2) faces,
shall not exceed six (6) feet above the natural grade at the
curb, and landscaping shall be approved by the Landscape
Services Division of the Department of General Services.
3
It is further expressly understood and agreed that
the party of the second part shall agree that if the berm with
landscaping becomes a view obstruction, the party of the second
part will be required to trim or remove the obstruction.
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 re'moval shall not be made within the time ordered
hereinabove by this Agreement, the City shall impose a penalty
in the sum of One Hundred Dollars ($100.00) per day for each
and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties
in any manner provided by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, The Landings Homeowners
Association has caused this Agreement to be executed by Mike
Gegan, Director of said association with due authority to bindi
4
said association. 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 Manager
(SEAL)
ATTEST:
City Clerk
THE LANDINGS HOMEOWNERS
ASSOCIATION
Director
(SEAL)
ATTEST:
(Title)
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 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 under my hand this day of
19
Notary Public
My Commission 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 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 I 19 -, has
acknowledged the same before me in my City and State aforesaid.
i9 GIVEN under my hand this day of
Notary Public
My commission Expires:
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Z a Notary
Public in and for the City and State aforesaid, do hereby
certify that Mike Gegan, Director, on behalf of The Landings
Homeowners Association, 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
i 9
Notary 1/2blic
My Commission 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 Mike Gegan, Director, on behalf of The Landing
Homeowners Association, whose name is signed to the foregoing
writing, bearing date the day of
7
19
has acknowledged the same
ibefore me in my City and State aforesaid.
Given under my hand this day of
19
Notary Public
'My Commission Expires:
JAS/ih
liDate: 01/03/89
1
1,CA-3097
11 (encroach\landings.agr)
8
The Landings Homeowners Association
Shore Drive - The Landings
Virginia Beach, VA 2@3451
January 16, 1989
To Whom it may concern;
Mike Gegan has been a Board member of -the Landinps Homeowners
Association since May, 1987. He is also chairman of the landscaping
committee. He has the authority to sign the agreeinenl,with the City
of' vir,-ini,@i Reach, concernin@ the landsc@).Pi.nf.,, and identification
sip,n on Shore Drive that boarders the Lqndings.
Thank you,
A
Estelle S. Mayer
President
- 33 -
Item IV-F.12.
CONSENT AGENDA ITEM # 30882
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED:
LOW BIDS
Precon Construction Company in the amount of
$627,630.03 for Lynnhaven Acres Sewer and Water
Distribution Facilities - Contract I (CIP 6-930).
Shoreline Contractors, Inc. in the amount of
$101,700.00 for Lynnhaven Acres Sewer Pump Station
- Contract II (CIP 5-040).
A & W Contractors, Inc. in the amount of
$411,036.50 for Bells Road/Credle Road Water and
Sewer Project (CTPs 5-027, 5-977, 6-979).
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
- 34 -
Item IV-F.13.
CONSENT AGENDA ITEM # 30883
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council APPROVED:
RAFFLE/BINGO PERMITS
Booster Club of Virginia Beach
Junior High School Raffle
Great Neck Little League Raffle
Green Run Band Parents Association Raffle
Plaza Little League Bingo/Raffle
Plaza Little League Ladies Auxiliary Raffle
Princess Anne High School PTA Raffle
Princess Anne Womans Club Raffle
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
Mayor Oberndorf DISCLOSED she is a Member of the PRINCESS ANNE WOMAN'S CLUB,
but this will not inhibit her ability to vote in an objective manner.
- 35 -
Item IV-G.I.
UNFINISHED BUSINESS ITEM # 30884
The City Manager distributed information in response to City Council's concerns
during the Strategic Planning Meeting of February 25, 1989.
Said information related to the Land Use issues in the Agricultural area of the
City and interim guidelines.
- 36 -
Item IV-G.2.
UNFINISHED BUSINESS ITFIM # 30885
ADD-ON
Clarence Warnstaff, Director of Public Utilities, provided an EXECUTIVE SUMMARY
PRELIMINARY REPORT requested by the City Manager relative the serious water
supply situation in Virginia Beach. (Said report is hereby made a part of the
record.)
The City Manager's Staff conducted an analysis and provided a report of the
following issues:
1. Update the "Short-Term Water Supply and Demand
Projections" published in June 1987 to evaluate the
current situation regarding water supply vs water
demand. The report should include recommendations
on demand; and, recommendations on emergency
short-term water supplies, if any, that can be
developed by Virginia Beach in the interim period.
2. Review the impacts of a moratorium on new water
connections
3. Review the legal and financial consequences of
starting construction of the Lake Gaston Project at
this time recognizing that institutional and legal
hurdles remain.
4. Discuss possible remedies to this problem through
legislative initiatives.
The report nakes the following recommendations:
1. Pertinent sections of this preliminary report should be
submitted to the City of Norfolk, Virginia, Department
of Health, and the Virginia State Water Control Board
for review and comment.
2. The City should attempt to renegotiate the contracts
for the three emergency wells which expire in 1991 with
the City of Suffolk and Southampton County.
3. The City should determine the feasibility of acquiring
new emergency wells in western Tidewater. This should
include the investigation of the availability and
suitability of new well sites and determination of
water-quality impacts on the Norfolk system.
4. The City should immediately assess, review and
determine the scope of its legal authority and rights
to limit the growth in water demand until the supply
problem is resolved. This analysis should include
actions such as a moratorium on new water connections
and/or building permits, rezonings, subdivisions and
other governmental actions and/or approvals which would
increase the water demand or pending liability.
- 37 -
Item IV-G.2.
UNFINISHED BUSINESS ITEM # 30885 (Continued)
ADD-ON
5. If the determinations in recommendation Number 4
indicate that the City has the appropriate legal right
and authority to limit growth in water demand or demand
liability, then it should temporarily suspend any
governmental actions, such as rezonings or subdivision
approvals, which would add to the already large quene
of properties which are eligible to connect to the City
water system or would increase the water demand
liabilities associated with the existing properties
until the project is under construction.
6. The City should defer the decision on a water
connection moratorium until the Fall of 1989 to allow
the City to complete recommendations Number 2, 3 and 4;
and to assess its progress and position in the Federal
permit suit, the litigation with Brunswick County and
any other legal and institutional issues which could
delay the project. However, if immediate and concrete
progress on the project is not being made, then the
City should, to the extent that it has appropriate
legal authority, take whatever steps it can to prevent
increases in the water demand on the Norfolk water
system.
7. The City should continue to expedite the Lake Gaston
Project with all diligent speed, but it should not
attempt to begin construction on the project at this
time.
Item IV-I.I.
AD.JOURNMENT 1TEM # 30886
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 4:55 P.M.
BeverlrO. Hooks
Chief Deputy City Clerk
Rfith Hodge@ Smith, CMC Mey6ra(@. Oberndorf
6i-ty Clerk Mayor 'J
City of Virginia Beach
Virginia