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Home My WebLink AboutAUGUST 24, 1987 MINUTES Cit@C).f @jr@irai" "WORLD'S LARGEST RESORT CITY" -UICIL .@- @--l G, j-, Vll- -- EYEM A. U@, -ERI ]-IA -@Rl E, FENTU@, l,i@i. &-h A, U@@ -Y, I., ]o., -1 281 CITY HAU BUILDING MUNICIPAL CENTER Ci, A,@ VIRGINIA BEACH, VIRGINIA 23456-9002 18041427-4803 VIRGINIA BEACH CITY COUNCIL AGENDA 24, 1987 ITEM I. CrrY 'S BRIEFIM - Oonfererice Rocm 5:00 Pm A. Historical Feview ITEM ii. COUNCIL SESSICN - Confer@ Fom - 5:30 pm A. CITY ITEM III. INFO@ SESSION - Conference pom - 6:00 pm A. MM TC) CRDER - Yaycr Rcbert G. Jones B. MLL CAILL OF @IL C. NOTION TO @ INTO sEssioN ITEM IV. ATIONS - Cmmil Chambers - 6:45 pm A. P TION ity Assc)ciations Day SepLenber 26, 1987 B. VIMMM LIFF-%VER Thrri Cannon David Fcxwell Woody Gibson Tbdd Jones Patrick F. Kavanaugh Vbsley Weidrick C. IONS IN @TION Dr. E. E. ]3rickell Miss Caxol Garri@n Alan Givens D. @ - S V J T A - Youth t Mi-chael Hust Kimberly @ruill ITEM V. FID@ SESSION il s - 7: 00 PK A. INVOCATION: Reverend ]3rLice K. Modahl Evangelical Lutheran Church of @- Good Shepherd B. PU= CP ALLEGIANCE TO TBE FLAG CE RE LNITED STATES CF AMERICA C. FT,FRT@C ROLL CALL OF CITY CCUNCIL D. ADOPTION Ct? ITERS FOR THE FO@ AGENEA E. MMIML and Fo@ MWIONS - August 17, 1987 F. @C 1. Issuance of Juveni-le and Domestic @lations District Faci-lity Bonds of @ City of Virginia Beach, Virginia, in the maximun amount of $7,500,000, subject to the approval of the qualified voters. This Pub@ @ing vas advertised; 1-iouever, is her@th due to the action of City CbL=il on August 17, 1987, to remcve the subject fran tl-ie 1987 Beferendun. G. PUBLIC 1. a. Application of George for a O:)nditional Use Permit for a bulk storage yard on the east side of Davis Street, 535.60 feet ndrth of Virginia Beach Bc)ulevard, containing 24,002 square feet (Bayside Borough). Pec@ndation: - @ust 10, 1987 b. Ppplication of T & J @p fx)r a Cbnditional Use Permit for a nursing hcme on the north side of Irdian River Foad, 80 feet east of Fenton Street (2055 Indian @ver lbad) , containing 5.3% acres (Kenpsville Borough). Rec@n,Jation: AP c. @ication of J. L. CaLffrey for a variance to Section (4.4(d) of the Subdivision ordin@ which requires tbat all lcfts have direct access to a @lic street, at the mrtheast corner of 15th Street and Baltic Avenue (Virginia Beach Borough). Rec@@ation: ALU)W WI d. Application of Kenneth L. Seay for a variance to Section (4.4(b) of the Subdivision ordinance which requires that all lots have direct access to a @lic street, at the southuest corner of Croatan PDad and Seootan lbad (Lyrnhaven Borough). Ibcamiendation: DENIAL e. Ppplication of Michael H. Lev@n and Fay] M. & @aret H. Fuller for a Change of Zonia frcrn 0-1 Office District to B-3 Central-Business District on the north side of Bonney fbad, 1138.05 feet @st of Bendix Poad (4468 Bonney lbad), containing 2.164 acres (KEnipsville Borough). Rec@r,dation: AP f. Ppplication of Lillel @, Inc. for a Change of Zoning frcm R-8 Pesidential District to B-2 Ccirmunity-Busimss District on the east side of KEmpsville lbad at the intersection with the Virginia Beac@Chesapeake City Line, containing 8.795 acres (KEMPSVille @ugh). Rec@rdati.on: @ g. Application of John H. for a Change of Zoning fran R-2 F,esidential District to R-5 Pesidential District on the @th @ide of Normandy Avenue, 690 feet mcre or less @st of Avalon Avenue (5748 and 5744 Non-nandy Avenue), containing 11.5 acres (KEmpsville Borough). PecamTendation: @ h. Ppplications of Na Bear-h (brp. and George F. wd prances M. Phillips for Changes of Zoni-ng at the north@st corner of Holly and Pimwood @d on Lots 82 and 83, AND, on the north side of Pin FDad, 270 feet @st of Fbily lbad on Lot 84, Linkhom Park (Virginia Beach Borough). frcrn R-1 PesidentiaL ]!strict to 0-1 Office District, containing 1.886 acres AND, fran R-3 Pesidential District to 0-1 C)ffice District, containing 2.444 acres Reccmnen,Jation: DENIAL H. IONS 1. Resc)lution prcviding for holding an election to deterrnine ,hether tO request the General AsSEirbly to AMEND Sectlon 6.05:1, AND, REPEAL @ction 6.05:2 of the Charter of the City of Virginia Bear-h, relating to @ issuance of Borxis, 1987 RefereniLtn. 2. @solution prcviding for a @ferendun on the qllestion of vhether the General AsseTbly should be requested to AMEND @ Charter of the City of Virginia Beach to prcvide for the direct election of the and to grant the School Bc)ard l@ted taxirg aut@rity. I. CRDINANCES 1. Crdinance to transfer $7,000 within the Gerieral @ to lxcvide for a part-tinie Clerk Typist rosition in the Office of City Clerk. 2. Crdin&ice to AMEND and Mn the O:>de of the City of Virginia Beach Virginia, by ADDING a new Section 21-129 pertaining to @e equi@t, (trlr-k covers) . J. @ AGENDA Al-1 rriatters listed under the Cbnsent Akge@a are oc)nsider@ in the ordinary course of busiriess by City CDL=il and will be enacted by om in the form listed. If an itern is rEMcived frcin the adnsent Agenda, it will be discussed and voted upc)n @parately. 1. IONS IN TION Dr. E. E. ]3rickell Miss @rol Garrison Alan Givens 2. Crdinmce declaring certain property E)CESS and authorizing the City Manager to execute a subdivision plat and other docunents necessa,ry to corrvey said property to Virginia El@ic and , (Ebs@nt Fcrest). 3. Crdinance to authorize and direct the City Manager to execute participation agr@ between the City of Virginia Beach and R. G. Mc)ore BLiilding oc)rporation to construct: a. @ean Lakes @ter projects b. Ccean Lakes seupx Fmjects 4. Crdinance tO authorize and direct the City Fanager to execute a amt ParticiPaLtion agr@ between @ City of Virginia Beach and ille Church of God to oonstr@t pro]ects. 5. Ordinam-e to authorize a temporary t int-0 a portion of the right@of@y of a 25' strip sixrounding Take Joyce to J. Atkinsm, his heirs, assigns and successors in title. 6. Crdinance appc)inting viewers in the petition of Charles F. , Jr. for a partion of Five Fcrks @ (Bayside Borough). 7. Crdinance to tr@Rfer funds of $148,916 to cover construction oosts of project #6-933 croatan Beach @, AND, to AOCEPT the LOW BID to Preacn Cbnstruction y in the anount of $937,916. B. LCW BID to F-st Coast Ccrporation in the ammt of $588,073.25 for Center Streetscape @ts (CIP 6-925). 9. BINGO PERNIT: Aragona Pexnbroke Lattle League K. APPO 1. DISASTER (AOUP 2. HAMPI'ON @ AIR POLLURION CCNTROL DISTRICT @SION 3. L@VEN BOAT RpmP com,4lTrEE L. UNFINISHED BUSINESS M. NEN BUSINESS 1. 1988-97 Capital @cvements Progran N. AW VIW.@ BEACH CITY COUNCIL ALL SESSICNS SC@LED FOR 71 1987 AND , 28. 1987 HAVE BEEN - 16 - Item IV-F.1 MINUTES ITEM # 27974 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council City Council APPROVED the MINUTFS, AS AMENDED of INFORMAL & FORMAL SESSIONS of August 24, 1987. Page 28, ITEM # 27923, ORDINANCE UPON APPLICATION OF T & J PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A NURSING HOME R08871071 The following condition should correctly state: a. Limited to a one-hundred twenty (@ (120) bed facility. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 24, 1987 The CITY MANAGER'S BRIEFING, relative the HISTORICAL REVIEW of the VIRGINIA BEACH CITY COUNCIL was cailed to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, August 24, 1987 at 5:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Reba S. McClanan (ENTERED: 5:05 P.M.) Robert E. Fentress (ENTERED: 5:10 P.M.) Mayor Robert G. Jones (ENTERED: 5:50 P.M.) - 2 - C I T Y M A N A G E R' S B R I E F I N G HISTORICAL REVIEW August 24, 1987 5.00 P.M. Item # 27897 The City Manager introduced Robert J. Scott, Director of Planning, who presented the Staff's response to the Briefing by the Historical Review Board's Consultant. Robert Scott distributed an outline entitled "Historic Preservation Ordinance" (Said outline is hereby made a part of the record) . This outline provides a basis for venturing forward. Section 15.1-503.2 from the State Code states that localities in Virginia may adopt an Ordinance setting forth its historic landmarks and furthermore may provide for an architectural review board to deal in those areas. 1. STATEMENT OF PUBLIC PURPOSE & POLICY A. Protect Areas & Structures with Archaelogical Architectural & Historic Significance B. Create Historic Districts (By Amendment to Zoning Ordinance) 2. COMPOSITION, QUALIFICATIONS, APPOINTMENT OF REVIEW BOARD A. Increase from 5 to 7 Members. B. Qualifications: 1 Architect, two with professional training (historical, preservation background), 1 Planning Commissioner C. 3-year term D. Training & Attendance (Robert Scott believed the aforementioned were policy matters and should be determined by City Council) 3. POWERS & DUTIES A. Issue Certificate of Appropriateness - (The item to be addressed is who issues said certificate. There is some indication it should be the Historical Review Board. There should be a clarification relative the powers of the Historical Review Board once this Certificate of Appropriateness is granted. Zoning Regulations, Subdivision Regulations, Site Plan Regulations, conditions attached to rezonings, engineering, drainage standards; et cetera, must be adhered to and those stand on their own.) B. Conduct Surveys, Coordinate Activities with other City Departments, review National Register Nominations. 4. PROCEDURES FOR CREATION OF HISTORICAL DISTRICT. A. Historical Review Board may make application (with or without Property owner concurrence) for Designation as an Historical & Cultural District. Review & Approval by Planning Commission & City Council. Robert Scott believed this entire matter should be reviewed for legality by the City Attorney's Office. B. Define requisites for supporting documentation. C. Basis for approval (National Register Eligibility, etc.) - 3 - C I T Y M A N A G E R' S B R I E F I N G HISTORICAL RKVIEW Item # 27897 (Continued) Robert Scott recommended that the role of the Planning Commission remain intact relative the Historical Review Board. The Planning Commission is identified through State Law as "the body" responsible for setting forth land use recommendations and zoning recommendations to the City Council. There are special identified areas of the City and when zoning changes occur, there should be found devices for the Planning Commission and ultimately the City Council to gain input from other groups. Robert Scott drew a parallel to the Community Development TARGET areas. Relative zoning matters which appear in or near Historical and Cultural Areas, Robert Scott believed the Planning Commission and City Council would find it to be of assistance for appropriate comment from the Historical Review Board. 5. OTHER APPLICABLE REGULATIONS A. Underlying Zoning Regulations 6. PROCEDURES FOR GRANTING/DENIAL OF CERTIFICATE OF APPROPRIATENESS A. No Building Permit without Certificate B. Application & Submittal Requirements. (The procedure spelled out in the Comprehensive Zoning Ordinance is incorrect. Same needs to be corrected.) C. Grounds for Granting/Denial of Certificate (Appropriate Character, Appearance - Meet objectives established by Council in Creating Historical and Cultural District) D. Denial - Appeal to Council, Circuit Court E. Demolition - Adopt Procedures in Code of Virginia. (This is a good point. A very elaborate procedure is contained in the Code of Virginia) F. Demolition by Neglect - (Keeping up property owned by private interest of a historical nature. The City Attorney's Office should also investigate this relative legality in the Cityls requirements concerning maintaining privately owned property. G. Expiration 7. VIOLATIONS & PENALTIES - SAME AS ZONING ORDINANCE 8. ADOPTION OF DFSIGN STANDARDS - Robert Scott believed this to be the single most important point. Design Standards should be according to districts. These design standards are to the Historical Review Board as the Comprehensive Plan is to the Planning Commission and serve as the basis on which actions should be taken in the future. 9. NAME CHANGE - HISTORICAL REVIEW COMMISSION - Robert Scott believed this a matter between the Historical Review Board and the City Council. - 4 - C I T Y M A N A G E R' S B R I E F I N G HISTORICAL REVIEW Item # 27897 (Continued) Robert Scott reiterated OTHER CONSIDERATIONS: 1. PROCESS SHOULD BE DEVELOPED FOR PLANNING COM14ISSION & COUNCIL TO HAVE INPUT FROM HISTORIC RKVIEW BOARD ON ZONING CHANGES & USE PERMITS IN HISTORICAL & CULTURAL DISTRICTS. (The Planning Commission should be the identified body for performing that function. In cases where the Historical Review Board would comment, said comments should be passed through the Planning Commission to the City Council.) 2. STAFF SUPPORT (Robert Scott advised they were providing all the Staff support they could) . The two most pressing items are with regard to Transportation Planning and Development Review Problems. 3. HISTORICAL REVIEW BOARD PROBABLY SHOULD BECOME A BUDGET LINE ITEM (Robert Scott believed this was between the Board and the Council.) 4. CONSIDER SEPARATE ENGINEERING STANDARDS: Streets Curbs, Gutters Parking Lots Street Lighting, Etc. Erosion & Flood Control Robert Scott advised he had recommended this in the past and believed same a very good idea. Rather than consider waiving certain requirements as had been recommended in the Consultant's report in some of these districts, it is much more appropriate to establish different requirements So long as they are: (1) Enforced by the Engineering Division, (2) Derived in conjunction with the Engineering Division and (3) Specific to each other's historic areas in the City. This approach should be pursued. 5. ENFORGEMENT OF CONDITIONS OF CERTIFICATE OF APPROPRIATENESS Robert Scott believed some thought could be given to this being a free-standing Ordinance Robert Scott advised in only a few points is there a necessary relationship between this and the Comprehensive Zoning Ordinance and he does not see the need to make any far reaching change to the CZO to accommodate these items. Mr. Scott urged the Council to give some consideration to this being something on the order of a free-standing permit related to, but not part of, the Zoning Ordinance Relative the Comprehensive Land Use Plan, Robert Scott advised the PLAN could be somewhat more aggressive in the way some of these are handled. Robert Scott urged strong effort to develop standards in these various districts for construction from an architectural point of view and did draw a parallel between these and the TARGET ARFA in similarities. Vice Mayor Oberndorf advised the Historic Review Board could tract the delicate areas which need protection and prepare a written recommendation which the Planning staff could insert in the professional workup going to the Planning Commission and the City Council in addition to testifying on that particular item. This would be specific information in written form. Councilwoman McClanan referenced the Ferry Farm Application and advised very sparce information came forward from the Planning Commission regarding the historical value of same. Robert Scott advised the Planning Department did not receive all the historic documentation from Richmond. Robert Scott developed a distinction between those which had already been declared a Historic District and one which had not and perhaps should be. Councilman Heischober advised it was his understanding Job One is immediate identification of these areas. Robert Scott advised an outline of this procedure for identification had been formulated. - 5 - C I T Y M A N A G E R' S B R I E F I N G HISTORICAL REVIEW Item # 27897 (Continued) Councilman Moss advised in deference to the fiscal pressures relative the Boards and Commissions, there should be a closer examination before the establishment of a another formal body. Perhaps, this should be examined as a budgetary issue first. If same cannot be resourced, do not make the commitment. Councilman Moss would like to focus attention on the Comprehensive Zoning Ordinance. Councilman Perry advised we are losing historic sites everyday. Councilman Perry referenced Piney Grove Baptist Church, the oldest Church in Princess Anne County, and advised from information gathered the School House by the Asbury United Methodist Church was the first for Blacks built in Princess Anne County. These need to be preserved. Vice Mayor Oberndorf summarized the objectives (1 ) Necessity to designate the historic sites and, (2) Assimilate a group of civic minded individuals who would like to endow a historic foundation for the City of Virginia Beach to shoulder the cost of protecting, renovating or just keeping in existence those particular landmarks that once designated must be preserved. There will be a limitation on public funds and the individual property owner might not be able to afford to perpetuate same. Councilwoman Parker referenced an article brought by the Vice Mayor concerning the Old Jefferson Hotel by which the integrity of the building was preserved as well as becoming a commercial establishment. Councilwoman Parker believed this to be the correct route to take. Vice Mayor Oberndorf advised this procedure had been followed in Nantucket Island. Nantucket Island is extremely sensitive about their heritage and any development that is erected on this island. Councilman Baum requested the City Staff specifically investigate the Piney Grove Baptist Church and other similar buildings of this type relative the possibility of renovation. This should not entail a great deal of expense. - 6 - ITEM # 26898 The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, August 24, 1987 at 5:36 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Mayor Robert G. Jones - 7 - C ON GE R N S OF T HE VI C E MAYOR ITEM # 27899 Vice Mayor Oberndorf complimented the City Manager and his staff for the ad in yesterday's BFACON addressing the concerns of the Virginia Beach Medical Society and advising of the two H140 and the Comprehensive Health Plan available to the City Employees. Vice Mayor Oberndorf referenced the rumor that the Health Insurance Plan had a limitation of $10,000 and requested the City Manager advise this was INCORRECT. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 27900 Councilman Moss referenced September 12, 1987, there will be a PIEDMONT ENVIRONMENTAL CONFERENCE in Ashburn, Virginia, at which the Mayor will speak. This will be a symposium relative the search for a growth policy in Virginia. Councilman Moss will be attending same. ITEM # 27901 Councilwoman Henley referenced her list of questions submitted in April relative Development Impact in the Southern part of Virginia Beach. The responses were mailed to Council in July. Councilwoman Henley requested time be SCHFDTJLED to discuss these aforementioned questions and related issues. Part of this issue deals with requirements to be instilled on development in the southern part of the City. ITEM # 27902 Councilwoman Henley further advised last week, the BACK BAY RFSTORATION FOUNDATION sponsored a conference. Same was attended by several members of City Council, Planning Commissioners and staff, as well as interested citizens. One of the issues was a discussion of Storm Water Management as it affects water quality. Carl Noyes, the Project Manager for the subsidiary firm performing the BACK BAY STUDY also attended. Roy Mann was the primary firm. Carl Noyes co-ordinated with Jason Cortell on the Water Quality. Carl came to the Conference on his vacation and at his own expense, although his work on that project was completed three years ago. At the request of Councilwoman Henley, Carl Noyes attended and contributed his vast knowledge. The gentleman from Maryland who oversees their erosion enforcement technique spoke. Often items on the City Council Agenda indicate one of the conditions of approval is to incorporate BEST MANAGEMENT PRACTICES. Councilwoman Henley was not confident City Council was aware of what all the factors of BFST MANAGEMENT PRACTICES encompassed. Not only is it necessary to have the proper design according to the site, the soils, the slope, the water table, et cetera, but it is also important to have well trained inspectors overseeing the construction of the design and the proper maintenance. A gentleman from Maryland, attending the Conference, emphasized annual inspection is necessary, because a lot of these conditions dealing with the Storm Water are not effective, if the proper maintenance does not exist. Councilwoman Henley advised her concern was the City does not have the last two, enough inspectors to do an annual inspection or the enforcement capabilities to enforce the maintenance. Councilwoman Henley requested a BRIEFING regarding the definition of these BMP's in rezonings the City is imposing, the status of the City with regard to BMP's in proposals for the WATERSHEDS coming forward, those already done, and what the City needs to do to be assured they do not have greater difficulty in a few more years if these proper steps are not taken. The City has a long way to go in instituting regulations regarding STORMWATFR. Obviously, Maryland has had more experience and more funding in enforcement of the Program. This Briefing should entail how the City is dealing with DEVELOPMENT IN THE SOUTHERN PART OF THE CITY and how same relates to BEST MANAGEMENT PRACTICES there as well as the rest of the City. - 9 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 27902 (Continued) Councilman, Baum further referenced the BACK BAY CONFERENCE and complimented Carl Noyes. He was one of the City's best consultants. This was a good beginning. There was a lot of missing data relative BACK BAY as records were not kept each year. The Game and Inland Fisheries has jurisdiction in this area. They are the ones to make the decision. Councilman Baum believed this was a part of the problem. They have been studying the decline of the Bay. There was not anything positive. A number of the items which apply to Maryland will not apply to the City. Maryland has better drained soil. BACK BAY used to be a brackish marine estuary. During the Depression, the Conservation Corps built artificial dunes. The idea of Saltwater Pumping was to do something that Nature use to do, but apparently the Game Commission does not want to do this. This divided responsibility is going to create chaos. Councilwoman Henley referenced a publication that the AMERICAN FARMLAND TRUST and The Board of Supervisors in Loudon County recently had assimilated. This particular study deals with the public cost in relation to rural development and density related issues. Councilwoman Henley referenced the recommendation that they substantially increase the assessed value of undeveloped land that is platted for low density residential use, increase the fees for building permits, permits for wells and septic tanks in rural areas and reserve such funds for extension of public water and sewer systems in areas designated for high density development. The Assessor has compiled the land purchases since the City's present procedures were in place and they are substantial and divided among two groups: those who purchased land to occupy it and continue with a rural use of nature, and absentee landlords who obviously purchased it for subdivisions. Councilwoman McClanan, advised relative the Maryland situation, part of the funds coming to the Chesapeake Bay Foundation has been used to develop the consensus on their restrictions in density, et cetera. Maryland went through an extensive educational process to develop said regulations. Maryland developed their consensus statewide. Vice Mayor Oberndorf referenced drainage ditches and swales abutting properties. The people who buy these houses knew same was the drainage system and believed this was an issue that should be addressed. As people are given noise disclosures when they reside in the ATCUZ Zones, citizens should be also be notified that they will be responsible for the maintenance of these ditches. - 10 - ITE@l # 27903 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, August 24, 1987, at 6:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 11 - ITEM # 27904 Mayor Robert G. Jones 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, performance, 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 affect the value of property owned 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. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Robert E. Fentress and Nancy K. Parker - 12 - Item IV-A. CEREMONIAL PRESENTATIONS ITEM # 27905 Mayor Robert G. Jones PROCLAIMED September 26, 1987 as: COMMUNITY ASSOCIATIONS DAY Pat Wasson, President of the Tidewater Chapter, COMMUNITY ASSOCIATIONS INSTITUTE, ACCEPTED this PROCLAMATION. This PROCLAMATION recognized the CAI as a national non-profit organization since 1973 has been the definitive source of information on the creation, operation and management of condominium, cooperative and homeowner associations. WHEREAS, the Community Associations Institute is a national non-profit organization that, since 1973, has been the definitive source of information on the creation, operation, and management of condominium, cooperative and homeowner associations; and WHEREAS, the C.A.I. provides its members with educational programs, industrial information, professional designations, publications and contacts; and WHEREAS, its membership includes homeowner associations, association managers, builder/developers, professional colleagues, public/government officials, and trade associates; and WHEREAS, the C.A.I. Tidewater Chapter and City of Virginia Beach wish to provide educational activities in Virginia Beach which will include lecture and discussions of great interest to the Virginia Beach community. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim September 26, 1987, as CO ITY ASSOCIATIONS DAY and ask that all Virginia Beach residents participate in the "Community Associations Day" at the Plaza Hotel on September 26, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach to be affixed this twenty-fourth day of August, nineteen hundred and eighty-seven. Robe Mayo - 13 - Item IV-B. CEREMONIAL PRESENTATIONS VIRGINIA BFACH LIFESAVER AWARDS ITEM # 26906 Mayor Robert G. Jones PRESENTED VIRGINIA BEACH LIFESAVER AWARDS to; Terri Cannon (read by Councilman Heischober) David Foxwell (read by Councilman Fentress) Woody Gibson (read by Councilman Balko) Todd Jones (read by Councilman Moss) Patrick F. Kavanaugh (read by Councilwoman Parker) Wesley Weidrick (read by Councilman Perry) Dorothy H. Craig, Chairman of the Safety Council and Herb Maher, President of the Safety Council, were in attendance. illf@ 1- SAFETY COUNCIL ,4o al om VIRGINIA BLIACH LIFESAVEIR @O . I 7 I @: i I @ @ , -, : I 0 A ,I, i I , I " , , i :, @ , 1 , i I i , ! , i (""I i I @,l A;,, I I I 11, I'll, I'll I i @il I i I I'@@l @l:"l "'5C "I'l f i cIa,,e catiielllleac lellel.4 lo @e ia,'e oiz Illeyea@, I/Oul Xold, one e,110"4andne@e ltmndtedand @ozalfdc cye ale nu 4i, r SAFFff COUNCIL w ,-!(nc v 'Ae,,J@lz a VIRGINIA BEIACH LIFESAVER t I y 2 @l@) A I 11 3!) I i I Ii r 1, I l@ ill!", ii i i I I i ,-cn le4 It@ ony w /t, (,,t ecl, ave c atil erl Ili, e.,ie lelic,@6 10 4 m czde fin 0/cull e llioetiandne@e lieind4edand SAFF@,@i-Y COUNCII-, io VII@(.111\@@-A l@l',A('11 LII'ESAVY"R 0, M@,@h 15, 1987 @t 2:00 th,,@ .@ @@ @@,id.t .@ l,d@p@@d,@@@ B@@l@,@,d i-.I,i@g j,,p @@d @ C@.@,.. Th@ j@@p @@d 2 p@.pl@ h@d b@,@ th ... @ cl@@,. B.th d,i,@,, .11, pi-@d i, ti,@ @@hi@l,@ ,,,d @l I p@@@g ... i @th@ C@.@'. T.dd J@@@@ @@d W..dy Gib@.@, @ff-d@ty .I@.t. . . . @ith Ch@@@p@@k@ B@@@h R@,,@@ Sq.@d, @@p.@d@d @,d @ss@,,d th@ T.dd i..@di@t,ly @ll@d f., @ c,@,h t,@ck, fi,@ t ... k, @@d W..dy t@ftd .@ th@ t. h,lp. J.,t @, h@ @.d th@,@ .... @,d th, ]@st f th@ @ight p@.pl@ f. . . th@ it @@, @@g@lf,d i@ fl@-,. W..dy .@, @t by flyi@g gl,@,. ,cn on," ",g eleol, cts.4,ave caft4edlIze6e,(el.(e@6 1,04Made /1 alen,(andllte,4ealc I.', V, -Tacn" Yal,,Iv Wouncel ,/O de, leleU"I'g alle@ed, on.(Iie- dav ol- in Ilieyeai, (loti-t @, ow i4owandnine Acend4edand e@l'IY- anddej!*naledem.(@cale neim4@, (@IOUNCIL ,cts4 geat maledd ,y Vil@(JINI@'k liF,,A('11 l'IFESAVER O@ M@,@h 15, 1987 @t 2:00 th@,@ .@ @@ @@id@@t ., B.@l@,@ld i-.1@i.g j@p @,d @ Th@ j,@p @@ .,e,t@,.ed @@d 2 p,opl@ h@d b,@@ th,@@@ 1-,. B.th d,i@@,@ pi@@,d i@ th@ @@hi@l@@ @,d @ll p@@,@g@,, i, th@ C@.@'. T@dd J.@@ @,d W..dy Gib@.@, ff-d@ty ith Ch@@p@k, B@@@h R@,@., Sq@@d, ,,,id d th@ @it-tio@. T.dd i.-dit@ly @@ll,d f., @ 11@h t,@lk, ii,@ t,@@k, @@,l W.dy t@@d .@ th@ t. h@lp. J@t . T.dd @,d @th@,, -@@@d th, @ight p@@pl@ f,@. th@ C@.@,. ,hi@h @@, @@g.1f@d, it .@,t @p i. f] SSn /e,4 lim on e e 0 e e w e@eol, Vlzave caudcdl4 6 t' @ mad lia to 4, lioemnlo alle@d, on lltc-dav c/- t Ilieyrezi 110"tT-d, one Iltowandneke lice@,tdltedand e@lil SAFETY COUNCIL g,o 6#e,, J@.4 a I JDafi,&k lavlanaugfi tc,4 geii VIRGINIA BEACH LIFESAVER On June 15, 1987 about 11:00 p.m., Patrick Kavanaugh was working the night shift on Atlantic Avenue where he supervises the tracking of TRT trolleys that operate on the strip, when he saw a man grab a young woman around the chest and put a knife to her throat. He called to the attacker "Hey!" and the man turned and saw Patrick and started running. He chased the man over flower pots and on the boardwalk where he tackled, subdued, and held him until the police arrived. Patrick endangered his life by chasing and subduing the attacker. /e,4, (,, @ c n @ mad ,y w.4eteel, cj6ave cauAed,(.4eie,(e,(,(el4,(o e e ,halenland 1,4ej ce/ en 14e y,-,a4 0/@@ @d, Olne 1hom4andne;ie Atend4edand 67- andde,4@na,(edce4lctsicale n"mvlet, 'Y IVY -IA , 'e. . ie& Y,)A ai SAFETY COUNCIL VIRGINIA BLIACH LIFESAVER 2 2 1 @)@;7 l@@ , I I I (I A @l I I I I 1 i ,.1i A f i @l i k I y 1, 1, I . . . . . I l@ T' I 11 @'i i . 11 @ , i I ., @; I , j 1, 1, , ,i,, . ;, , ,, , i , r y ,cn leile@non tii dt' 4e lel,(eti lo @e made wl,,eteol, qlave ca c lie onf? Iliou4an,,Ine@e I?,eene6edano,' - 14 - Item IV-C.1 RESOLUTIONS IN RECOGNITION ITEM # 27907 Mayor Robert Jones PRESENTED a RESOLUTION IN RECOGNITION to: DR. E. E. BRICKELL Said Resolution was read by Councilwoman McClanan. Dr. Brickell was in Richmond and unable to attend the Ceremony. This Resolution recognized Dr. E. E. Brickell for his service and dedication to the VIRGINIA BFACH CONSTITUTION'S CELEBRATION COMMISSION. - 1 5 - Item IV-G.2 CERE140NIAL PRESENTATIONS ITF14 # 27908 Mayor Robert Jones PRESENTED a RESOLUTION IN RECOGNITION to: MISS CAROL GARRISON Said Resolution was read by Councilwoman Henley. Dr. Garrison ACCEPTED the RESOLUTION IN RECOGNITION for his daughter, Carol. This Resolution recognized Carol Garrison for her service and dedication to the VIRGINIA BEACH CONSTITUTION'S CELEBRATION COMMISSION. - 16 - Item IV-G-3 CEREMONIAL PRESENTATIONS RESOLUTION IN RECOGNITION ITEM # 27909 Mayor Robert Jones PRFSENTED a RESOLUTION IN RECOGNITION to: ALAN GIVENS Said Resolution was read by Councilman Baum. Mrs. Givens ACCEPTED this RESOLUTION IN RECOGNITION for her son. Relative the Commission on the Bicentennial of the United States Constitution's writing competition, this Resolution recognized Alan Givens as FIRST PLACE winner in the Disabled American Veterans' Chapter No. 20 contest and SECOND PLACE in the State Competition for his essay: "How Does The Separation of Powers Help Make It Work?" Alan Givens received a Scholarship to Cornell University from the Disabled American Veterans, Chapter 20. - 17 - Item IV-C-4 RESOLUTIONS IN RECOGNITION ITEM # 27910 ADD-ON Mayor Robert G. Jones PRESENTED a RESOLUTION in RECOGNITION: MAYOR'S COMMITTING ON THE AGING Sam Houston ACCEPTED this RESOLUTION and recognized the other Members of the MAYOR'S COMMITTEE ON THE AGING: Chairman: Gordon M. Morton, Jr. , J. Roy Alphin, William Ashman, Cassandra "Go Go" Barnes, Anthony Bruder, Laurmel Buergey, Mary E. Cox, Alice R. DuBois, Beulah C. Humphries, Michael F. LaBouve, Elizabeth C. McClane, William G. Milner, Gordon M. Morton, Madeline B. Nevala, Mable Owen, Wiley A. Scott, Robert L. Simpson and Howard M. Williams. The MAYOR'S COMMITTEE ON THE AGING was created and organized by Mayor Donald H. Rhodes on June 8, 1971. 1 8 Item IV-D. CERE140NIAL PRESENTATIONS AWARDS - S V J T A ITF14 # 27911 Vice Mayor Oberndorf, Chairman of the Southeastern Job Training Administration, PRESENTED AWARDS for the OUTSTANDING PERFORMANCE in the 1987 SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM: MICHAEL HUSK Department of Housing and Gommunity Development KIMBERLY SPRUILL Office of the City Clerk Michael Husk, Kimberly Spruill and their parents were in ATTENDANCE to accept these AWARDS. - 19 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 24, 1987 8:10 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BKACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, August 24, 1987, at 8:10 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATTON: Reverend Bruce K. Modahl Evangelical Lutheran Church of the Good Shepherd PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF MMICA - 20 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item V-D.1 ITEM # 27912 Mayor Robert G. Jones referenced the applications of National Beach Corp. and George F. and Frances M. Phillips for Changes of Zoning at the northwest corner of Holly and Pinewood Road on Lots 82 and 83, AND, on the north side of Pinewood Road, 270 feet west of Holly Road on Lot 84, Linkhorn Park (Virginia Beach Borough): from R-1 Residential District to 0-1 Office District, containing 1.886 acres AND, from R-3 Residential District to 0-1 Office District, containing 2.444 acres. (See Item V-G.l.h. of the PLANNING GENDA). Mayor Jones advised this item will be MOVED FORWARD to the first item on the PLANNING AGENDA. Item V-D.2 ITEM # 27913 The City Manager referenced an Ordinance to transfer $7,000 within the General Fund to provide for a part-time Clerk Typist position in the Office of City Clerk. (See Item IV-H.1 of RESOLUTIONS). This Ordinance will be WITHDRAWN from the AGENDA for further study. Item V-D-3 ITEM # 27914 Councilwoman McClanan referenced additional wording to clarify the Resolution providing for the Amendment of the Charter of the City of Virginia Beach, Virginia, By Amending Section 2.02 to add a New Subparagraph (4) to authorize the Protection and Replacement of TREES on Private Property. This item will be ADDED under UNFINISHED BUSINESS. Item V-D-4 ITEM # 27915 Councilman Baum requested a discussion relative TRAVEL POLICY be added under UNFINISHED BUSINESS. Item V-D-5 ITEM # 27916 Councilman Moss requested a discussion relative ADVERTISING of the 1987 REFERENDUM. This item will be added under UNFINISHED BUSINESS. Item V-D.6 ITEM # 27917 Councilwoman Parker referenced the REPORT ON AMORTIZATION OF NON-CONFORMING SIGNS AND BILLBOARDS developed by William MacCali, Assistant City Attorney at her request. Councilwoman Parker complimented Mr. MacCali relative this excellent and thorough research paper. Copies of this report will be distributed under NEW BUSINESS. - 21 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item V-D.7 TTEM # 27918 Councilman Fentress will sponsor Sheldon Corner of the TWENTY-FOURTH STREET OCEANFRONT PARK COMMITTEE under UNFINISHED BUSINESS. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 22 - Item V-E.1 MINUTES ITEM # 27919 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of August 17, 1987. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: None Councilwoman McClanan ABSTAINED as she was not in ATTENDANCE at the City Council Meeting of August 17, 1987. - 23 - Item V-F. 1 . PUBLIC HEARING ITEM # 27920 Mayor Robert G. Jones referenced the PUBLIC HEARING: Issuance of Juvenile and Domestic Relations District Court Facility Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $7,500,000, subject to the approval of the qualified voters. Mayor Jones advised this PUBLIC HEARING was advertised; however, is herewith CANCELLED due to the action of City Council on August 17, 1987, to remove the subject from the 1987 Referendum. 23a PUBLIC NOTICE On the 17th of August 19 87, at 2:00 p.m. in Coun8il Chambers on the Second floor of the City Hall Buillin, Cou@ Municipal Cen ter, the cil of the City of Virginia Beach, Virginia, will hold a public hearing on an or- dinance entitled "An Ordi- nance AOthorizing the lssurance of Recreational Fa- cilities Bonds of the City of Vir- ginia Beach, Virginia, in the Maximum Amount of $32,850,000 Subject to the Ap- proval'of the Qualified Voters." A copy of the full text of the ordinance is on file in the office of the City Manager. Ruth Hpdges Smith, CMC - 24 - Item V-G. 1 . PUBLIC HEARING PLANNING ITEM # 27921 Mayor Jones DECLARED a PIJBLIC HEARING on: PLANNING a. GEORGE McCADDEN CONDITIONAL USE PERMIT b. T & J PARTNERSHIP CONDITIONAL USE PERMIT c. J. L. CAFFREY VARIANCE d. KENNETH L. SEAY VARIANCE e. MICHAEL H. LEVINSON and CHANGE OF ZONING EARL M. & MARGARET H. FULLER f. LILLEL FARMS, INC. CHANGE OF ZONING g. JOHN H. GIMBERT CHANGE OF ZONING h. NATIONAL BEACH CORPORATION and CHANGFS OF ZONING GEORGE F. AND FRANCES M. PHILLIPS - 25 - Item V-G.l.a. PUBLIC HEARING PLANNING ITEM # 27922 Willie McCadden, represented his father, the applicant Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of GEORGE McCADDEN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GEORGE McCADDEN FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R08871070 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of George McCadden for a Conditional Use Permit for a bulk storage yard on certain property located on the East side of Davis Street, 535.60 feet north of Virginia Beach Boulevard. Said parcel contains 24,002 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. Approval is for a period of one (1) year. 2. A six-foot solid wooden fence, consisting of #1 Western Red Cedar of #1-SYP-04OCCA treated posts, set in concrete, must be provided around the perimeter. Category II plantings are to be established between the wooden fence and the street. 3. The trees existing on site are to remain as an additional buffer. 4. The roadway used as access to this site is to be paved. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth day of August, Nineteenth Hundred and Eighty-seven. - 26 - Item V-G.l.a. PUBLIC HEARING PLANNING ITEM # 27922 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Pentress, Harold Heischober, Barbara M. Henley Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 27 - Item V-G.l.b PUBLIC HEARING PLANNING ITEM # 27923 Attorney Michael A. Inman, 500 Pembroke 5 Building, Phone: 490-8000, distributed a brochure containing resumes on the development team, schedule of Staff Positions and Number of Parties per type of Care, Site Location Map, Floor Plan and Key, Utility and Support Services Availability Letter, as well as letters of recommendation (Said brochure is hereby made a part of the record). This property will be HUD insured. Sam Houston, 946 Oriole Drive, representing self, spoke in support of the application and the need for elderly care. Julie Smith, Realtor, assured the validity of the survey in support of said application. OPPOSITION: Reverend Thomas Jennings, 1325 Church Street, Phone: 424-5957, represented the Newlight Civic League and distributed a copy of a petition in OPPOSITTON presented at the Planning Commission and an original petition in OPPOSITION. (Said petitions are hereby made a part of the record). Russell L. Clark, 1201 Fenton Street, Phone: 424-3587, represented the Newlight Civic League The City Clerk referenced a letter of August 22, 1987, from Thomas A. Curran, President - Lake James Homes Association, expressing OPPOSITION to the construction of a nursing home on Indian River Road. (Said letter is hereby made a part of the record). A MOTION was made by Councilman Perry, seconded by Vice Mayor Oberndorf to DEFER for two weeks an Ordinance upon application of T & J Partnership for a Conditional Use Permit for a nursing home on the north side of Indian River Road, 80 feet east of Fenton Street (2055 Indian River Road), containing 5.356 acres (Kempsville Borough). MOTION WITHDRAWN as the Conditional Use Permit must be granted before the State can issue a Certificate of Need. Vice Mayor Oberndorf suggested adding an additional condition reflecting that if the Certificate of Need is not issued, said application shall be NULL AND VOID. Upon motion by Councilman Moss, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of T & J PARTNERSHIP for a Conditional Use Permit for a nursing home. ORDINANCE UPON APPLICATION OF T & J PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A NURSING HOME R08871071 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACHP VIRGINIA Ordinance upon application of T & J Partnership for a Conditional Use Permit for a nursing home on certain property located on the north side of Indian River Road, 80 feet east of Fenton Street. Said parcel is located at 2055 Indian River Road and contains 5.356 acres. Plats with more datailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. (NEWLIGHT ARFA) - 28 - Item V-G.l.c. PUBLIC HEARING PLANNING ITEM # 27923 (Continued) The following conditions shall be required: 1. Category II screening along the eastern, northern and western boundaries for the site to include a fifteen-foot (151) buffer along the perimeter of the northern end. 2. A twelve-foot (121) right-of-way dedication is required along Indian River Road to establish an eight lane divided section as per the Master Street and Highway Plan. 3. A right-of-way dedication for a right-turn lane is required for this site. Only one (1) entrance (curb cut) will be allowed on Indian River Road. (deacceleration lane) 4. Automatic sprinkler and fire alarm system meeting the approval of the City's Fire Protection Engineer. 5. For reasons of neighborhood compatibility, the height of the building will be limited to one-story and the architecture shall be as per the submitted site plan. The following shall also be adhered to: a. Limited to a one-hundred twenty (12) bed facility. b. The building shall be an all brick structure. c. Low level lighting directed inward away from the property lines. d. Landscaping in front of the parcel adjacent to Indian River Road shall be in accordance with the illustration and proposed site plan presented at the City Council Meeting of August 24, 1987. 6. Access will be limited to Indian River Road to discourage any traffic impact upon the neighborhood. 7. At site plan review, the location of the building must be set back further from Indian River Road at a location acceptable to the Planning staff. Further widening to Indian River Road could otherwise cause undue disruption to this facility in the future. (deacceleration lane). 8. A minimum of sixty-five parking spaces are to be provided. 9. The vacant land to the rear of this site is to remain a part of the nursing home. (Said land is to be incorporated into the rear of the site with proper landscaping.) 10. The Conditional Use Permit shall be subject to the issuance of a Certificate of Need by the Commonwealth of Virginia and should same not be issued, said Conditional Use Permit shall be NULL and VOID and single family homes shall be constructed instead of the nursing home. 11. The nursing home shall have ample windows. - 29 - Item V-G.l.b. PUBLIC HEARING PLANNING ITEM # 27923 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth day of August, Nineteenth Hundred and Eighty-seven. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Councilman Moss was assured by Robert Scott, Director of Planning that Condition No. 7 provided the proper latitude to insure that the applicant bears the expense for the deacceleration lane and that same will be handled in the normal course of development as a part of site plan review. - 30 - Item V-G.I.c PUBLIC HFARING PLANNING ITEM # 27924 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and requested same be REFERRED BACK to the Planning Commission for submission of a new site plan with less density. The City Clerk referenced a letter in OPPOSITION from Scott T. Roberts, accompanied by a petition from concerned members of the neighborhood requesting DENIAL. (Said letter is hereby made a part of the record). Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council REFERRED BACK TO THE PLANNING COMMISSION FOR SUBMISSION OF A NEW SITE PLAN the application of J. L. CAFFREY for a Variance to Section 4.4.(d) of the Subdivision Ordinance which requires that all lots have direct access to a public street. Appeal for Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for J. L. Caffrey. Property is located at the northeast corner of 15th Street and Baltic Avenue. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. As per request of Councilwoman Henley and Vice Mayor Oberndorf, Robert Scott shall NOTIYY the OPPOSITION (Scott T. Roberts) by CERTIFIED LETTER as well as those on the petition in OPPOSITION when said application will be reheard by the PLANNING COMMISSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 31 - Item V-G.l.d. PUBLIC HFARING PLANNING ITEM # 27925 Attorney Robert Cromwell represented the applicant, Phone: 499-8971 and requested WITHDRAWAL Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council ALLOWED WITHDRAWAL of an application of KENNETH L. SFAY for Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the subdivision Ordinance, Subdivision for Kenneth L. Seay. Property is located at the southwest corner of Croatan Road and Secotan Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 32 - Item V-G.l.e. PUBLIC HEARING PLANNING ITEM # 27926 Michael Levinson, 4456 Bonney Road, the applicant, represented himself and Earl M. & Margaret H. Fuller Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of MICHAEL H. LKVINSON AND EARL M. & MARGARET H. FULLER for a Change of Zoning: ORDINANCE UPON APPLICATION OF MICHAEL H. LEVINSON AND EARL M. & MARGARET H. FULLER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Z08871177 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Michael H. Levinson and Earl M. & Margaret H. Fuller for a Change of Zoning District Classification from 0-1 Office District to B-3 Central-Business District on the north side of Bonney Road, 1138-05 feet west of Bendix Road. Said parcel is located at 4468 Bonney Road and contains 2.164 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The utilization of Best Management Practices for controlling storm water runoff which are reasonably applicable to the development of this site. 2. There shall be only one curb cut on this parcel to be rezoned. Prior to the changing of official zoning maps: 3. A dedication is required along the frontage on Bonney Road to provide for a right-turn lane into this site, subject to site plan review. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth day of August, Nineteenth Hundred and Eighty-seven. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 33 - Item V-G.l.f. PUBLIC HEARING PLANNING ITEM # 27927 Richard Basgier, 512 Pine Hill Road, Phone: 427-1332, represented the applicant and requested DEFERRAL for said application in the subdivision of Alexandria. The City Clerk referenced a letter from W. Breck Wood, dated August 14, 1987 requesting DEFERRAL of thirty (30) days. (Said letter is hereby made a part of the record). Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of LILLEL FARMS, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF LILLEL FARMS, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Ordinance upon application of Lillel Farms, Inc., for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the east side of Kempsville Road at the intersection with the Virginia Beach-Chesapeake City Line. Said parcel contain 8.795 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 34 - Item V-G.l.g. PUBLIC HFARING PLANNING ITF14 # 27928 Gregory L. Sandler, 1-12 Glen Willow Drive, Phone: 495-8565, represented the applicant John H. Gimbert, 5748 Normandy Avenue, Phone: 420-9623, the applicant, represented himself and presented petitions (Said petitions are hereby made a part of the record) OPPOSITION: Harry Flug, 509 Rodney Lane, Woods of Avalon, Phone: 523-0799 Jay White 625 Baden Avenue, Phone: 420-4679 William S. Bullard, 5721 Normandy Avenue Frank Nowland, 508 King Arthur Drive John Aldrich, 5609 Elgin Road, Phone: 420-8287 Paul Hamaker, 703 Fiona Lane, Phone: 42o-9620 Steve J. Sims, 720 Avalon Avenue, Phone: 420-4448 Cliff Homlquist, 9716 Normandy Avenue, Phone: 424-3123, registered in OPPOSITION but WAIVED his right to speak. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of JOHN H. GIMBERT for a Change of Zoning: ORDINANCE UPON APPLICATION OF JOHN H. GIMBERT FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-2 TO R-5 Ordinance upon application of John H. Gimbert for a Change of Zoning District Classification from R-2 Residential District to R-5 Residential District on certain property located on the north side of Normandy Avenue, 690 feet more or less west of Avalon Avenue. Said parcel is located at 5748 and 5744 Normandy Avenue and contains 11.5 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. HenleyMayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; None - 35 - Item V-G.l.h. PUBLIC HEARING ITF14 # 27929 PLANNING Attorney Moody Stallings, represented the applicant and requested WITHDRAWAL and advised he had spoken with Grover Wright who represented the Linkhorn Park Civic League and they did not OBJECT to the WITHDRAWAL. The WITHDRAWAL is requested for submission of a new application with lower density. Lewis Allen, 101 Ridge Road, Phone: 422-2898, had registered in OPPOSITION but stated he was not in OPPOSITION to the WITHDRAWAL. The City Clerk referenced a letter from Grover Wright dated July 7, 1987, stating concerns of the Linkhorn Park Civic League to said application. (Said letter is hereby made a part of the record). Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of NATIONAL BEACH CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF NATIONAL BEACH CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 TO 0-1 Ordinance upon application of National Beach Corporation for a Change of Zoning District Classification from R-7 Residential District to 0-1 Office District on the north side of Pinewood Road, 270 feet west of Holly Road on Lot 84, Linkhorn Park. Said parcel contains 1.886 acres. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Councilwoman Parker ABSTAINED as she and her husband do business with George F. and Frances M. Phillips. - 35a - Item V-G.l.h. PUBLIC HEARING PLANNING ITEM # 27929 (a) Attorney Moody Stallings, represented the applicant and requested WITHDRAWAL and advised he had spoken with Grover Wright who represented the Linkhorn Park Civic League and they did not OBJECT to the WITHDRAWAL. The WITHDRAWAL is requested for submission of a new application with lower density. Lewis Allen, 101 Ridge Road, Phone: 422-2898, had registered in OPPOSITION but stated he was not in OPPOSITION to the WITHDRAWAL. The City Clerk referenced a letter from Grover Wright dated July 7, 1987, stating concerns of the Linkhorn Park Civic League to said application. (Said letter is hereby made a part of the record). Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of NATIONAL BEACH CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF NATIONAL BEACH CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO 0-1 Ordinance upon application of National Beach Corporation for a Change of Zoning District Classification from R-@ Residential District to 0-1 Office District on the northwest corner of Holly Road and Pinewood Road on Lots 82 and 83, Linkhorn Park. Said parcel contains 2.444 acres. VIRGINIA BEACH BOROUGH. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Councilwoman Parker ABSTAINED as she and her husband do business with George F. and Frances M. Phillips. - 36 - Item V-H.1 RESOLUTIONS ITEM # 27930 Edward Bankston, 4316 Hemitage Road, Phone: 460-1735, spoke in OPPOSITION Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Resolution providing for holding an election to determine whether to request the General Assembly to AMEND Section 6.05:1, AND, REPEAL Section 6.05:2 of the Charter of the City of Virginia Beach, relating to the Issuance of Bonds, 1987 Referendum. The Resolution ADOPTED by City Council on August 17, 1987, relating to the calling of a REFERENDUM on the amendment of the City Charter is hereby REPEALED. ANDP APPROVED as AMENDED, QUESTIONS for the 1987 REFERENDUM BALLOT: Shall the City of Virginia Beach request the General Assembly to amend Section 6.05:1 of the City Charter to increase the amount of bonds or other debt obligations that may be borrowed annually without an election (voter approval) from the present allowance of $10-MILLION dollars of new debt plus that amount which was retired during the calendar year to an amount which shall not exceed .25 percentum of the assessed value of real estate in the City subject to taxation, as shown by the assessment for taxes for the last preceding year? AND, Shall the City of Virginia Beach request the General Assembly to Repeal Section 6.05:2 of the City Charter which provides for an additional $8- Million dollars of bond debted authority without an election (voter approval) if 20% of the yearly charter bonds are reserved for roads, highways and bridges? THE ADOPTION OF THIS RESOLUTION DOES NOT RF.FI.F.CT PERSONAL VIEWS OF INDIVIDIJAL COUNCIL MEMBERS. - 37 - Item V-H.1 RESOLUTIONS ITEM # 27930 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37a - 1 A RESOLUTTON PROVIDING FOR HOLDING 2 AN ELECTION TO DETERMINE WHETHER TO 3 REQUEST THE GENERAL ASSEMBLY TO 4 AMEND SECTION 6.05:1 AND REPEAL 5 SECTION 6.05:2 OF THE CHARTER OF 6 THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, RELATING TO THE ISSUANCE 8 OF BONDS 9 10 11 WHEREAS, it is the opinion of the Council of the City 12 of Virginia Beach, Virginia (the City), that an election should 13 be held to determine whether the qualified voters desire that the 14 City Council request the General Assembly to amend provisions of 15 the Charter of the City relating to the issuance of bonds; 16 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 1. It is hereby determined to be in the best interest 19 of the City that an election should be held to determine whether 20 the qualified voters desire that the City Council request the 21 General Assembly to amend section 6.05:1 of the Charter to read 22 as follows: 23 24 Section 6.05:1. Authority for issuance of bonds. 25 26 No bonds of the city shall be issued until their 27 issuance shall have been authorized by an ordinance adopted by 28 the affirmative vote of two-thirds of all members of the council 29 and approved by the affirmative vote of a majority of the 30 qualified voters of the city voting on the question at an 31 election called and held for the purpose in the manner provided 32 by law for submitting any question or proposition to the voters; 33 provided that bonds and other obligations shall not be subject to 34 the foregoing requirements if they are (a) of a type excluded 35 from the computation of indebtedness of cities and towns under 36 section 10(a) of article VII of the Constitution and are 37 authorized and issued so as to satisfy the conditions for 38 exclusion set forth therein or (b) refunding bonds; provided, - 37b - 39 further, that the council may, without submitting the question of 40 their issuance to the qualified voters, issue bonds or other 41 obligations in any calendar year for any proper purpose in such 42 amounts as shall not exceed i:nerease-.t@@1--indebtedness--&f 43 44 45 46 percentum of the assessed value of real estate in the city 47 subject to taxation, as shown by the assessment for taxes for the 48 last preceding year. For the purposes of this paragraph, the 49 terms "bonds", "other obligations" and "indebtedness" shall not 50 include contractual obligations of the city other than bonds and 51 notes. For purposes of determining the amount of bonds or other 52 obligations that may be issued in any calendar year without an 53 election, there shall not be included (i) bonds or other 54 obligations that were approved at an election and (ii) refunding 55 bonds in each case issued in such year. Authorized bonds or 56 other obligations which could have been issued without an 57 election on December thirty-one in the year they were authorized 58 may be issued in a subsequent year without affecting the annual 59 limitation for such subsequent year. 60 The total indebtedness of the city as determined in 61 accordance with the provisions of article VII, section 10 of the 62 Constitution shall not at any time exceed ten per centum of the 63 assessed valuation of the real estate in the city subject to 64 taxation, as shown by the last preceding assessment for taxes, 65 nor shall the limitations imposed by the preceding paragraph on 66 the issuance of bonds or other obligations in any calendar year 67 without a referendum be increased, until after such questions 68 shall have been submitted to the voters of the city in a 69 referendum held pursuant to section 3.09 of this Charter. 70 2. It is hereby determined to be in the best interest 71 of the City that an election should be held to determine whether 72 the qualified voters desire that the City Council request the 73 General Assembly to repeal section 6.05:2 of the Charter. 2 - 37c - 74 3. The Circuit Court of the City is hereby requested 75 to order an election pursuant to Sections 15.1-834 and 24.1-165 76 of the Code of Virginia of 1950, as amended, to determine if the 77 qualified voters of the City desire the Council to request the 78 General Assembly to amend the Charter as provided above. The 79 Circuit Court is hereby requested to pose the question[s] to the 80 qualified voters in substantially the form set forth in Exhibit 81 A. 82 4. If the qualified voters of the City vote in favor 83 of such proposed amendment[s], the City Manager shall provide for 84 the transmittal of two certified copies of the results of such 85 election, the newspaper publisher's affidavit of publication of a 86 summary of the proposed amendment[s] and the proposed 87 amendment(s) to one or more members of the General Assembly 88 representing the City with the request that the General Assembly 89 amend the Charter as provided above. 90 5. The resolution adopted by City Council on August 91 17, 1987, relating to the calling of a referendum on the 92 amendment of the City Charter is herby repealed. 93 94 JDB/epm 95 08/18/87 96 08/19/87 97 (\ordin\proposed\06-005-l.alt) 3 - 38 - Item V-H.2 RESOLUTIONS ITEM # 27931 Edward Bankston, 4316 Hemitage Road, Phone: 460-1735, spoke in support of the Resolution Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, spoke in support of the Resolution Councilman Moss distributed revisions to Chapter 16 - Department of Education. (Said Revisions are hereby made a part of the record.) Vice Mayor Oberndorf advised she was in favor of DELETING lines 41 through 43: "No board member shall serve more than three (3) consecutive terms on the board, irrespective of the specific seat held." Councilwoman Parker and Councilman Perry also had concerns relative the limiting of the Board Members to three consecutive terms. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED, AS AMENDED: Resolution providing for a Referendum on the question of whether the General Assembly should be requested to A@IEND the Charter of the City of Virginia Beach to provide for the direct election of the School Board and to grant the School Board limited taxing authority. AND, APPROVED as AMENDED, THE QUESTION for the 1987 REFERENDUM BALLOT: Should the City Council of the City of Virginia Beach request the General Assembly of Virginia to amend the City's Charter so as to provide that members of the School Board shall be elected by the voters of the City and that the Elected School Board be granted limited taxing authority, Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None THE ADOPTION OF THIS RESOLUTION DOES NOT REFLECT PERSONAL VIEWS OF INDIVIDUAL COUNCIL MEMBERS. A RESOLUTION PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE GENERAL ASSEMBLY SHOULD BE REQUESTED TO AMEND THE CHARTER OF THE CITY OF VIRGINIA BEACH TO PROVIDE FOR THE DIRECT ELECTION OF THE SCHOOL BOARD AND TO GRANT THE SCHOOL BOARD LIMITED TAXING AUTHORITY. WHEREAS, pursuant to the existing Charter of the city of Virginia Beach, members of the School Board are appointed to their positions by the City Council; and WHEREAS, the City Council of the City of Virginia Beach is of the opinion that the voters of the City of Virginia Beach should be asked to decide whether the City Council should request the General Assembly to amend the City's Charter to provide for the direct election of the School Board by the voters of the City, and to grant the School Board limited taxing authority. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Circuit Court of the City is hereby requested to order an election pursuant to SSSS 15.1-834 and 24.1- 165 of the Code of Virginia of 1950, as amended, to determine if the qualified voters of the City desire the Council to request the General Assembly to amend the Charter of the City so as to provide for the direct election of the School Board and to grant the School Board limited taxing authority. 2. That the question for the ballot shall read as follows: Should the City Council of the City of Virginia Beach request the General Assembly of Virginia to amend the City's Charter so as to provide that members of the School Board shall be elected by the voters of the City and that the elected School Board be granted limited taxing authority. 3. If the qualified voters of the City vote in favor of such request, the Mayor shall provide for the transmittal of two certified copies of the results of such election together with the publisher's affidavit and the proposed amendments to the City's Charter to one or more members of the General Assembly representing the City with a request that the General Assembly amend the Charter in the manner provided in S 15.1-834. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of August -1 1987. GLF/rab 8/13/87 8/24/87 2 - 39 - Item V-I.1 ORDINANCES ITEM # 27932 BY CONSENSUS, the following Ordinance was WITHDRAWN by the City Manager for further information. Ordinance to transfer $7,000 within the General Fund to provide for a part-time Clerk Typist position in the Office of City Clerk. - 40 - Item V-I.2 ORDINANCE ITEM # 27933 Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City Council ADOPTED, AS AMENDED*: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING a new Section 21-129 pertaining to vehicle equipment, (truck covers). Councilwoman McClanan distributed an Ordinance further amended from that enclosed in the City Council Agenda. On Line 17 the word "leaking" shall be inserted after the word "sifting" and before the words "or otherwise". On Line 29, the word produce after the word "agricultural" shall be changed to the word "products". Section iv shall be eliminated. The Ordinance shall be effective 6 months from date of adoption. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 40a - 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, BY ADDING A NEW 4 SECTION 21-129 PERTAINING TO 5 VEHICLE EQUIPMENT. 6 7 a BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That the Code of the City of Virginia Beach, Virginia, 11 is hereby amended and reordained by adding a new Section 21-129 12 to read as follows: 13 Section 21-129. Enclosure to prevent escape of contents. 14 No vehicle shall be operated or moved on any street or 15 highway in the city unless such vehicle is so constructed, 16 maintained and loaded as to prevent its contents from dropping, 17 sifting, leaking or otherwise escaping therefrom, including 18 covering or otherwise securing material susceptible to falling or 19 being blown from the vehicle; provided, however, that no 20 provision of this section shall apply to: (i) any motor vehicle 21 which is used exclusively for agricultural purposes and which is 22 not operated on or over any public highway for any other purpose 23 other than for the purpose of operating it across a highway or 24 along a highway from one point of the owner's land to another 25 part thereof irrespective of whether or not the tracts adjoin; 26 (ii) any agricultural vehicle, tractor or other vehicle exempted 27 from registration and licensing requirements pursuant to code of 28 Virginia section 46.1-45; or (iii) any motor vehicle transporting 29 poultry, livestock, or agricultural products. 30 This Ordinance shall be effective six (6) months from 31 the date of its adoption. 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the 24th day of August 1987. 34 WEB/lmt/epm 35 04/15/87 36 04/16/87 37 05/13/87 38 08/24/87 39 CA-86-02233 40 (ordin\proposed\21-129.pro) - 41 - Item V-J. CONSENT AGENDA ITEM # 27934 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION, Items 1, Plus ADD-ON, 2, 3, 4, 5, 6, 7, 8 and 9 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None "Verbal Aye - 42 - Item V-J. 1 . CONSENT AGENDA ITEM # 27935 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED with the ADD-ON Resolution: RESOLUTIONS IN RECOGNITION Dr. E. E. Brickell Miss Carol Garrison Alan Givens Mayor's Committee on the Aging Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Ferry Council Members Voting Nay: None Council Members Absent: None "Verbal Aye - 42a - CN IN @TION Tne history of Auerica is one of a nation of people helping other uwple -- joining together to build a better society - dedicati.on and ccmitment; Life is so Lripredictablel tb day ccmes back! Life is short at best! nat which makes life rodst wc)rth living is the sure Rmwledge that @ ourselves have fulfilled our purpdse, met our obligation to our fellow citizens and can be satisfied we have done our best, Virginia Beach has joined nationally with other municipalities to honor the United States Cbnstitution and celebrate its Bicentennial. s of this Bicentemial (bnstitution Celebration ssion were carefully selected for their expertise and dedication to the ity; WHEREAS: I)r. E. E. Brickell served as a @er on the Virginia ]3each Cbnstitution's Celebration Ccnmlssion. @s dedication, c@tment and unselfish service have involved personal sacrifices wO in(mrrvenierr-es, mt only to himself but frequently to the fanily; and, Advisors and Volunteers have saved the City mtold dollars, but more impcrtantly, our successful growth depen-Is upon then. NUA, RE, BE IT RESOLVED: That the Virginia Beach City Cburr-il here as@led this TWentl-fourth day of August, Nineteen Hundred Eighty-Seven, on behalf of tlie citizens of Virginia Beach, expresses deep GRATITUDE and RESPEET to: D R. E. E. BRICKELL Given under my hand and seal, Mayor - 42b - RESOLUTION IN @TION The history of Anerica is orie of a nation of pec)ple helping other people -- joining tocjether to build a better society -- dedication and ccmitment; Tdfe is sc) unpredictable! N:) day canes backl Life is short at best! @t which nukes life mst wcrth living is the slwe kiowledge that @ uwselves have fulfilled our p=pose, met our cbligation to our fellow citizens and can be satisfied we have done our best; Virginia Beach has joined nationally with other municipalities to honor the Lhited States (bnstitution and celebrate its Bicentennial. s of this Bicentermial Constitution Celebration Cmmission were carefully sel@ted for their expertise and dedication to the ity; : Carol Garrison served as a @ on the Virginia Beach Cbnstitution's Celebration Ccmnission. Her dedication, ccmnitnent an-I unselfish service have involved persona)- sacrifices and inconvenierr-es, mt ordy to herself but fr@ently to the fani ly; and, Advisors md Volunteers have saved the City Lmtold dollars, but more irnpcrtantly, our successful growth depe@s upon them. NOW, RE, BE IT RESOLVED: 'Ihat the Virginia Beach City Cburr-il here ass@led this Twenty-fburth day of August, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RFSPBCT to: CAROL GARRISON Given under my hand and seal, @yor - 42c - RESO=ICN IN @TION : 1987 is the beginning of a five year celebration of the BI of the writing and ratification of the United States CONMTUTION and the Bili of Rights; : The significant role p.Layed by the @@alth of Vizginia in the develoement of the Cbnstitution as well as the ratification of that doclynent is without parallel anong the original thirteen states. PrdDably withDut Virginia, the Cbnstitution @uld riot have evolved as it did mr when it did -- wayoe not at all; Indeperileme was @n at Yorktown in 1781, Vircjinians realized the LJnited SLates \,as Lriited in nane only as they @re governed by the Articles of Cbnfederation - a treaty of friendship more than a bllieprint for gcverning a country. Virgini-a vas anong the first to respond with delegates to the national meeting of 'Ihe (bnj:ederation adngress on Eubruary 21, 1787; WHEREAS: Vircjjnians can pride themselves on their history and the role the @n@alth played in Auerican history; and, ssion on @ Bicentennial of the LJnited States @nstitution autborized a national writing caupetition for high school students. Mu, THEREFORE, BE IT RESOLVED: 'Ihat the Virginia Beach City aDunr-il pause in the deliberations to recozjnize ALAN GIVENS a Senior at Princess Anne High School who wm FIFST @ in Di@led Anerican Veterans' Chapter No. 20, Virginia Beach, in the Second Cbngressional District of Virginia and Seco@ Place in the State ccrnpetition for his essay: "l-bw Does 'Ihe Separation of Powrs R?lp @ke It Wxk?" This dialogue between an Emigrant father and his twelve year oid son takes place in @w York City. The Virginia Beach Chapter of rAV awarded Alan partial schc)larship furds for Cornell University as a result of his plar-anent with this essay. Given under my harid and seal, this t@y-fourth day of @ust, Nineteen H@ed Eighty-Scven tRYOR - 42d - RESOLIJTION IN TION MAYOR'S COMITREE ON THE AGING was created and organized by @yor Dona)-d H. Ebodes June 8, 1971, with a inembership of eighteen voluntl-er citizens Belected to assist @ Mayor in planning actions to meet the needs of Senior Citizens of @ City of Virginia Beach. The tte-e has subcai@ttees devo@ to housing, trans@rtation, available services and other oo@erns; A growing need for decent aff-ordable housing for Senior Citizens is of great concem, there is also adrr-ern about Senicrs in the l@inccrne bracket, tho@- vho need pliblic transpdrtation, the r)eed for cctnpanion living, concerns for Excessive utility bills and the rieed for discounted real estate taxes; WHEREAS: 'Ihe ttee pro@sud the idea of a tclephone information &'Id referral service to help Senicr Citizens find answers to their qu-cstions regarding a large range of slibjects. 9he Uni@,d @y, in joint eff-ort with the City of Virginia Bear-h, established a adnfidential hlinaii servic(-,s inco@t-ional @ referral service, called S NE available duriiij o"fice hDurs @@ay thru FY-iday. By autcmatic access there are 3700 sources of help for the disabled, lon@t-exm health care for the elderly, adoption sL,,rvices, adult day care, training pr@rans, l@ aid, support groups, transportation, volunteer oppcrtunities and rauch rncre. @,archline also provides infbnuation as to %bether frown ineat loso-s its nutrition or if one can receive the sarne blood doriated to a blood bank ai@ mcre. @ Ccranittee played a very important role in getting the @ORRCW/'IOLAY show on ODx Cable@ s Channel 29, the public access channel fidr gcvernuental prcgr@. @s program series took about om year to produce. MAs 'half- hour prcgran has prcvided features on persc)iia.L safety, security, mental health, insurance, nutrition, exercise, music, ar-t, taxes, housing and hcmc-sharing. Tidewater @ity Cbllege provides caiiera, prod@tion slaff and everything -it takes to produce this show which airs several t@s weekly. Chesapeake and Potanac 'Mlephorie Ccinpany wmuaLlly donatl-s $500 for the prodliction of tvD additional slo@. qhe City's @using & Ocnmunity Developuent has also helped with prodliction of ten segwnts of the prcgr= and, 'Ihe Virginia ]3each City Cbuncil granted a real estate tax exE!Mption for certain qualified @per-ty owners @ were nDt 1(-ss than sixt@five years of age on 14ay 1, 1972, and, on Ppril 20, 1981, this exanption vas anended to incllde the h@icapped. Furtber exemptions were granted by City ODumil action on April 27, 1987. NOW, RE, BE IT RESOLVED: 9hat the Virginia Beach City Cbuncil pauses in its deliberations to recognize manbers of the MAYOR'S CMUTREE ON THE AGING for their trrmerylous accanplishnent, their dedication and the ruany adntributions @y have made individually and collectively to tlie Senior Citizens of Virginia Beach. Given uri-Aer our hands and seal-s this 24th day neteen Hmdr@ Eighty-sc--,ven Vice %yor - 43 - Item V-J.2 CONSENT AGENDA ITEM # 27936 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED: Ordinance declaring certain property EXCESS and authorizing the City Manager to execute a subdivision plat and other documents necessary to convey said property to Virginia Electric and Power Company, (Rosemont Forest). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye 43a - QUESTED BY: Aubrey V. Watts, Jr. DEPARTMENT AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBDIVISION PLAT AND OTHER DOCUMENTS NECESSARY TO CONVEY SAID PROPERTY TO VIRGINIA ELECTRIC AND POWER COMPANY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, by Deed of Dedication, dated March 15, 1984 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2345, at Page 90, R. G. Moore Building Corp., a Virginia corporation, conveyed to the City of Virginia Beach, for recreational purposes, the following described property, to-wit: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known and designated as 1116.424 Acres" as shown on that certain plat entitled "Plat Showing Recreation Site for Rosemont Forest and Rosemont Forest South To Be Dedicated to the City of Virginia Beach by R. G. Moore Building Corp., Kempsville Borough, Virginia Beach, Virginia," made by John E. Sirine and Associates, Ltd., dated February, 1984, revised May 15, 1984. WHEREAS, by virtue of the City's plans to relocate and improve a portion of existing Indian River Road, a parcel described as Parcel R-2, containing 1.01180 acres, as shown on that certain plat entitled: "Preliminary Subdivision of Recreation Site For Rosemont Forest and Rosemont Forest South," will be severed from the above-described tract; and WHEREAS, it has been determined that the severed Parcel R-2 is not suitable for its intended recreational purpose; and WHEREAS, the City Council is of the opinion that the said Parcel R-2 is in excess of the needs of the city of Virginia Beach; and WHEREAS, Virginia Electric and Power Company has requested the City of Virginia Beach to sell its interest in the following described Parcel R-2 for the purpose of constructing an electric distribution and transmission substation; and - 43b - WHEREAS, the City Council is of the opinion that the proposed improvement by Virginia Electric and Power Company will be beneficial and necessary to the citizens of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach: All that certain piece or parcel of land, together with any improvements thereon, situate in the City of Virginia Beach, Virginia and described as "Parcel R-2, area 44074 Sq. Ft., 1.01180 Ac." as shown on that certain plat entitled: "Preliminary Subdivision of Recreation Site For Rosemont Forest and Rosemont Forest South Deed Book 2345, at Page 90 Kempsville Borough Virginia Beach, Virginia," dated May 11, 1987, and prepared by Waterway Surveys and Engineering, Ltd., to which reference is made for a more particular description, a copy of which is attached hereto marked "Exhibit A." 2. That the City Manager is authorized to execute the subdivision plat entitled: "Subdivision of Recreation Site For Rosemont Forest and Rosemont Forest South Deed Book 2345, Page 90 Kempsville Borough Virginia Beach, Virginia," prepared by Waterway Surveys and Engineering, Ltd. 3. That the City Manager is authorized to execute an Agreement of Purchase and Sale dated July 9, 1987, with Virginia Electric and Power Company for the sale of parcel R-2. 4. That the City Manager is authorized to execute and deliver a Special Warranty Deed conveying Parcel R-2 to Virginia Electric and Power Company for the consideration of $30,000.00. 5. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 24 day of August 1987. WCB/rab 7/15/87 Note: Three Fourths vote of Council is required for ordinance to be effective. 2 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT, dated as of the q 4- day of July, 1987, between VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia corporation of the Commonwealth of Virginia, (the Purchaser) and the CIT-Z OF VIRGINIA BEACH, Virginia, a municipal corporation of the Commonwealth of Virginia (Seller). W I T N E S S E T H: WHEREAS, the Purchaser agrees to purchase and the Seller agrees to sell the hereinafter described real estate upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual! covenants contained herein, the parties agree as follows: 1. Real Property: Located in the City of Virginia Beach, Virginia, being described as: All that certain piece or parcel of land, together with any improvements thereon, and all easements, rights, privileges and appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia, and described as "PARCEL R-2, AREA 44074 SQ. FT., 1.01180 AC." as shown on that certain plat entitled: "PRELIMINARY SUBDIVISION OF RECREATION SITE FOR ROSEMONT FOREST & ROSEMONT FOREST SOUTH DEED BOOK 2345, PAGE 90 KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA" dated May 11, 1987, and prepared by Waterway Surveys & Engineering, Ltd., to which reference is made for a more particular description, and a copy of which is attached hereto, provided however, the property shall not contain less than 1.0 acre. 2. Purchase Price: The purchase price is $30,000.00 and shall be paid as follows: The Purchaser shall pay the purchase price to the Seller at closing by a cashier's or certified check made payable to the City Treasurer. 3. Conditions: There must be no restrictions, easements, zoning, or other governmental regulation that would prevent the use of the property for an electric distribution and transmission substation. 4. Assessments: Seller warrants that there are no encumbrances or special assessments, either pending or confirmed for sidewalk, paving, water, sewer or other improvements on the property. 5. Other Provisions and Conditions: (a) Possession is to be given on date of closing. (b) Date of closing shall be 30 days after the sa-lisfaction of the conditions precedent set forth herein, but in no event later than July _, 1988 unless extended by mutual agreement. Purchaser shall notify Seller in writing of the date of closing, which shall not be less than 15 days of such notice. (c) Closing shall be in the office of the City Attorney of the City of Virginia Beach, Virginia. (d) Except for the Grantor's tax the Purchaser shall pay all costs of recording the deed. Each party shall pay its own legal fees and expenses. (e) Seller agrees to deliver the property at closing in substantially the same condition as at 2 Orv pi O' the date of this Agreement. seller assumes all risk of loss or damage until closing. (f) Title to the property must be conveyed to the Purchaser at closing by Special Warranty deed and must be fee simple marketable title, free of all liens and encumbrances except easements and unviolated restrictive covenants that do not materially affect the value or use of the property by the Purchaser and such other encumbrances as may be assumed or specifically approved in writing by the Purchaser. The property must have legal access to a public right-of-way. (g) This contract may not be assigned without the written agreement of all parties, but if the same is assigned by written agreement, then the provisions of this Agreement shall be binding on the assignee. (h) Prior to the date of closing, the Purchaser shall have obtained a current survey of the property delineating the boundary lines thereof, the location of any improvements, all rights-of-way and easements thereon and contiguous public roads and otherwise acceptable to the Purchaser. Such survey shall be prepared for the benefit of, and shall be certified to the Purchaser and the title company and any mortgagee of the property. 3 Furthermore, such survey shall be adequate for the title company to delete any exception for survey in the Title Commitment. The Purchaser shall deliver a copy of the survey to the Seller and the Seller shall give the Purchaser written notice of any objections the Seller has to the accuracy or quality of such Survey. In the event the Seller notifies the Purchaser of any such objections, the Purchaser shall have until the date of closing to revise such survey to the seller's reasonable satisfaction and approval, such approval not to be unreasonably withheld. If the Purchaser is unable or elects not to attempt to remove or otherwise resolve to the Seller's satisfaction such objections, the Seller shall have the right to terminate this Agreement. The Seller agrees to utilize such survey for the description of the property in the deed conveying the property. (i) If the Purchaser is unable to obtain an owner's Title Insurance Commitment acceptable to Purchaser, at its option, it may elect either (a) to terminate this Agreement, in which event all rights and obligations of the Seller and the Purchaser hereunder shall terminate immediately, or (b) to waive its right to terminate and, instead, to proceed to closing. 4 (j) The City of Virginia Beach must approve the necessary subdivision plat, prior to closing. (k) The Purchaser or its agents may enter upon the property for engineering studies and the results of such studies must be satisfactory to the Purchaser in its sole discretion. However, the Purchaser agrees to indemnify the Seller against and hold the Seller harmless from any and all suits, claims, and demands which may be instituted, made or asserted against the Seller for damage to property or for injury to or death of persons, and against all costs and expenses in connection therewith, including reasonable attorney's fees and expenses, to the extent such suits, claims, or demands are for damages, injury, or death: (1) arising out of the presence of the Purchaser's facilities on said property or out of the Purchaser's exercise of rights herein granted; and (2) not caused by negligence of the Sellers, its agents, servants, or employees. (1) This Agreement is contingent on the City Council of the City of Virginia Beach authorizing the execution of this Agreement and the necessary subdivision to convey the subject property (a certified copy of the ordinance will be furnished 5 to the Purchaser after it is passed by City Council). (m) All notices, requests, demands and other communications hereunder shall be in writing and shall be delivered by hand, sent prepaid by Federal Express (or a comparable overnight delivery service) or sent by the United States mail, certified, postage prepaid, return receipt requested, at the addresses and with such copies as designated below. Any notice, request, demand or other communication delivered or sent in the manner aforesaid shall be deemed given or made (as the case may be) when actually delivered to the intended recipient. For the Seller: C/o Real Estate Office Room 155 OperationS BUilding Virginia Beach, Virginia 23456 For the Purchaser: C/o Real Estate Department Virginia Electric and Power Company One James River Plaza Richmond, Virginia 23219 with a copy to: E. Peter Kane, Esquire Hunton & Williams 707 East Main Street Richmond, Virginia 23219 6. Representations: The Seller hereby makes the following representations to the Purchaser which shall survive closing: (a) Compliance with existing laws. The Seller has no knowledge of any violations of federal, state or 6 local law or ordinances, orders or regulations with respect to the property including, but not limited to those pertaining to environmental matters including Pollution control. The Seller has no knowledge, nor has it received notice within the past three years, of any existing or threatened violation of any provision of anY applicable building, zoning, subdivision, envirorunental or other goverrimental ordinance, resolution, statute, rule, order or regulation, including but not limited to those of environmental agencies, with respect to the ownership, operation, use, maintenance or condition of the property or any Part thereof. The Seller has no knowledge of any material adverse subsurface conditions affecting the property, or any prior use of the Property for the storage or disposal or dumping of industrial or chemical waste or toxic materials of any kind. To the Seller's knowledge, there has never been located on the property an underground storage tank used to store petroleum or hazardous substances. (b) Use of existing Indian River Road. The Seller acknowledges that the property is contiguous to the ProPosed relocation of Indian River Road (Indian River Road Relocated) as shown on the plat attached 7 hereto, and that the Purchaser has not requested and does not intend to request of the Seller, or of any goverrunental authority, that access for ingress and egress to the property from Indian River Road Relocated be provided so long as the Purchaser has legal access to a public right-cf-way. The Seller covenants and agrees to use its best efforts, in good faith, to insure that upon completion of Indian River Road Relocated the Purchaser may continue to use existing Indian River Road. 7. Conditions Precedent: In addition to the other conditions@ precedent contained herein, the obligations of the Purchaser under this Agreement are subject to the satisfaction of the following conditions precedent: (a) Utilities. The Purchaser shall have received asiurances satisfactory to it that all utilities (including but not limited to water, storm and sanitary sewers, electricity and telephone) shall be available in sufficient quality and quantity and at suitable locations for the construction of the intended improvements on the property or any portion or portions thereof. (b) AUthorizations. The Purchaser shall have obtained all licenses, permits and authorizations required under all applicable federal, state and 8 local laws, rules, regulations and ordinances, in form and substance satisfactory to the Purchaser, for the acquisition, ownership, development, construction, operation and maintenance of an electric distribution and transmission substation on the property, including but not limited to permits and approvals from the Federal Aviation Administration and the Federal Communication Commission and any required rezoning, plan of development approval or special use permits and building permits for the Purchaser's intended use of the property. The Seller covenants and agrees that it will cooperate with the Purchaser in the Purchaser's efforts to obtain such licenses, permits and authorizations. In the event any of the conditions precedent to the Purchaser's obligations under this Agreement are not satisfied, the Purchaser may elect to terminate this Agreement, in which event all rights and obligations of the parties hereunder shall terminate immediately, or waive such condition in writing and proceed to closing. 8. Prorations: Real estate and personal property ad valorem taxes, assessments, utility charges and other charges applicable to the property shall be prorated at closing. 9 9. Condemnation: In the event of any actual or threatened taking, pursuant to the power of eminent domain, of all or any portion of the property, or any proposed sale in lieu thereof, the Seller shall give written notice thereof to the Purchaser promptly after the Seller learns or receives notice thereof. If all or any part of the property is, or is to be, so condemned or sold, the Purchaser shall have the right to terminate this Agreement in which event all rights and obligations of the parties hereunder shall terminate immediately. If the Purchaser elects not to terminate this Agreement, all proceeds, awards and other paytnents arising out of such condemnation or sale (actual or threatened) shall be paid to the Purchaserlat closing. IN WITNESS WHEREOF, the Purchaser and the Seller have caused this Agreement to be executed in their names by their respective duly-authorized representatives this day of July, 1987. VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia C oratiion By (S AT APPROVED AS TO LEGAL SUFFICIENCY 10 CITY OF VIRGINIA BEACH, a municipal corporation By Thomas H. Muehlenbeck, City Manager (SEAL) ATTEST: Ruth Hodges Smith, City Clerk STATE O@VIRGINIA CITY OF to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that (title) and -(title) on behalf of VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia corporation of the Commonwealth of Virginia, whose names afe signed to the foregoing writ@ng, bearing date the day of 1987, have acknowledged the same before me in my City and State aforesaid. Given under my hand this day ot 1987. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, a Notary Public in and for the City and State aforesaid, do hereby certify that Thomas H. Muehlenbeck, City Manager, on behalf of the CITY OF VIRGINIA BEACH, a muncipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, bearing date the day of , 1987, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1987. 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, on behalf of the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, bearing date the day of 1987, has acknowledged the 12 same before me in my City and State aforesaid. Given under my hand this day of -1 1987. Notary Public My Commission Expires: WCB/rab 5/28/87 6/19/87 7/7/87 13 L@b C3 - 44 Item V-J.3. ('.flW.gP.NT ArF."A. TTFIJ ta El N@OIVIVI - 44 - Item V-J-3- CONSENT AGENDA ITEM # 27937 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute cost participation agreements between the City of Virginia Beach and R. G. Moore Building Corporation to construct: Ocean Lakes water projects Ocean Lakes sewer projects Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None "Verbal Aye 44a - AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WHEREAS, R. G. Moore Building Corporation is developing certain property in the Princess Anne Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in reviewing the site plan, the Department of Public Utilities has asked the developer to oversize the public water line to the property, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $10,126 with such costs to be charged to capital project 5-306 Water Agreement Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with R. G. Moore Building Corporation for construction of certain water facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - 24 day of August 1 1987. CITY OF VIRGINIA =-c-ACH DEi-ARTr,,E'4T OF PI-IEL.C UTILITIE3 CriST F-CP.T!C'-PAT!CN AGFqrENT (WAT@R,' THIS ACRE=-@.E@4T, Made this 16th day ,f une l5E7, by and be@,.een R. G. Moore 3uild-;na Cor.o. here;nal-'-Ier refer,-Ld lo as "@rer" and tI.e CTTY OF V'@Gl@14TA BE.ZC" her-3;na@@er re@--rred @o as t'.nL- Wk'ER-@.@S, Owner is.@se@zsd in fea si,--lis of -Ocean Lak-'s, Oca.an Lakes I'lorth, and Old Dam Ileck F-s@La @le s ard Owrer @s des@rcus OT IMCROVI "ie in ac@araarca A,t.1 ter.-.is and cord@@@ons cf t*-e C@@-, or@7na--=s and acrees to confzrm o sa@d ard;nances; and in cr.@er @or 0,@rar- t-- Aater sa,,/@ce @o t.)@s i t i s nec =-s sa r -/ @o r C-r. a r t o c a rs @ r uc t c =- r -. a; n -@a @ a r @ac; I i -@ i e s ; ard WP.E=c-,'c-, "ie Cl@v has re-lues@a@- @ha@ suc.;i c-.ns@ruc@ion be grea@.e7 @n sczce 'han is nec-=ssary to provide ser,,i,@ce '-- this P.-O@ec@; ard slch cons@rLLc@lion is a@ value to @;iL C@@y in prov@dir@g serv;ce to c-is'zmers at.@er- ',ian those -@i@hin 'he Flrc)jec' limits; NCW, THERE@-:DRE, in considera@@on ol-- "e mu tlal pro'n;sas ard bene.--its ac@-ruing hereto, the par@;--s agree tha@; 1. Cwrer shall cors@,-uc@ a water sys-em (here@rafter 'he according to plans and spec@@icat;cns accroved by the De-lar-@ment of P-.;blic Utilities, a copy of which is an file wi@h the Department. E. The City shall make cas,i pay@.en@ to Cner in the amount of (s) SIO,126,00 after suc:ass@ul comcletion ol- the @-vs@em ar.d acceptarce thereof by the C;ty in acc3rdar@ce . i t,@ t.') eappro-@ea pla,-,S. Prior to any by the C;@y, the 10" @at2- li,-@e i.-i Culver Lar-e 'nLs, be accepted by the City and the 10" water line in Bernstein Drive must be connected to Old Dam Neck Road and accepted by the City. 3. The City shall have the right at any time to make, connect, or permit the connection of any other water facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to water connections, water mains, valves, fittings and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harml ess from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the system. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claim. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA (City Ma.,.gr) DATE ATTEST: City Clerk (SEAL) R. G. Moore Building Corp. BY R. C. Moore, Pri;sident DATE EAL) Secretary APPROVED AS TO CONTENTS: Y. @_e@ 7-C-4-87 Depi;r-fmjdnt of Public Utilities APPROVED AS TO FORM: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Department of Finance 3 STATE OF Virginia CITY OF Virginia Beach I, Peggv C. Martin a Notary Public in and for the City and State aforesaid, do hereby certify that R. G. Moore and Frances Rae '4oore President and Secretary, respectively, of R. G. Moore Building Corp. whose names are signed to the writing above, bearing date of have acknowledged the same before me in my City and State aforesaid. Given under my hand this 16,ST day of 1967. My Commission Expires 3/10/91 LNotary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of 1987. Notary Public My Commission Expires: 9/86 4 AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WHEREAS, R. G. Moore Building Corporation is developing certain property in the Princess Anne Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in order for the developer to provide sewer service to this project, it is necessary for the developer to construct certain sewer facilities, and WHEREAS, the city has requested that the developer oversize the sewer system to provide gravity sanity system to the surrounding area, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, tlie city desires to enter into a cost participation agreement with the city's share of the costs at $73,459 with such costs to be charged to capital project 6-316 Various Sewer Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with R. G. Moore Building Corporation for construction of certain sewer facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 24 day of August 1 1987. CITY OF VIRGINIA BEACH DE=ARTt',E-'4T OF PUSLIC UTILITIES COST PARTICIPATION ACRE--;',ET'( EWE.=Z) .4 5 THIS AGRE=-.ME@4T M.de this 16th day of 1 .... .. by ard between R. G. Moore Building Corc). .ne,-e; na@ler- referred -to as "Owner", ar-d the CITY OF VIRCINIA here;nafter r,6ferred to as @he "--ity". WF.E=@-.,45, Owner is se;zed in fee s4m.ale a@ Oc@-an La,Kes, Lakes @lor'lh, and Ocpan Lakes Wes" @;d- Owner Ii; desir--us of improv4ng the P,-aject ac=orda@ncg "he arms and cond;@4ons o@ the City ordinances 4nd agre=-=- @a conforn sa;d ;n order @or -1@rer to prov4de se@er- sar-,cts;c-3 t-- Projec-., it is ne-zas=-ar,/ for Owrer to cons,-.ruc@ cer@a;n se,@er @ac@litie@: WHEREAS, the C;ty has rea.ueslad thal slch cors@ruc'@on 7reater in scope than is necsssary t-- prc@ide ser,@@ce to this Projec'; ard WF,E:RE.AS, such cors-.ruc@;on is of va!ue 'o t'e providirc servicL to cus@omers other t.ian those with;n 'he Frojec' limits; NOW, THEREFOP.E, in consideration of the mutual promises a7-,c! benefits accrt--irig hereto, the par'ies agree that; 1. Owner shall cons'ruct a sewer sys@em (hereinafter -@-2 'Eys@e-i@') according to plans and soec;fications ac-roved by the Depart.-..an-. of Pub'tic Utilit;es, a copy of which is on file with the Depar',ient. 2. The C;ty shall make cash paymen@ lo Owner iri the amc-,,-,t of $ 7 3,458. 80 after success,--ul comc'---.;on of the Sys'em and acceptamr,- thereof by the City in acccrdance wit.'l @@.-.e approved plans. The 0-ner will submi@, periodic requisilions for the quar,-.; ty of the I work completed with partial payment to be made by the City. Ten percent (10%) of the total payment will be withhold until the System is accepted. Prior to any payment by the City, all the necessary easements and/or right of ways must be dedicated to the City. 3. The City shall have,the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend.the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed 2 IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA (City Mangr) DATE ATTEST: (SEAL) City Clark R. ng Corp. By @y R. G-. Moore, President DATE ATTES:C: @',t@/,A-4SEAL) @;iEr-ritar@- APPROVED AS TO CONTENTS: Depart6i@tAf Public Utilities I APPROVED AS TO FORM: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: @., 't. 10,@ Department of Finance IC-) 3 STATE OF Virginia CITY CIF Virginia Beach I, Peggy C. Martin a Notary Public in and for the City and State aforesaid, do hereby certify th,t R. G. Moore and Frances Rae Moore President and Secretary, respectively, of R. G. Moore Building; CorD- whose names are signed to the writing above, bearing date of have acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1987. My Commission Expires 3/10/91 N'Ol@ry Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-.it: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of 1587. Notary Public MY Commission Expires: 1/87 4 - 45 - Item V-J-4 CONSENT AGENDA ITF1,1 # 27938 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute a cost participation agreement between the City of Virginia Beach and Kempsville Church of God to construct sewer projects. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 45a - AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WHEREAS, Kempsville Church of God is developing certain property in the Kempsville Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in order for the developer to provide sewer service to this project, it is necessary for the developer to construct certain sewer facilities, and WHEREAS, the city has requested that the developer oversize the sewer system to provide gravity sanity system to the surrounding area, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $4,000 with such costs to be charged to capital project 6-316 Various Sewer Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with Kempsville Church of God for construction of certain sewer facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - 24 day of August 1 1987. 45b - CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT.(SEWER) THIS AGREEMENT, Made this day of 1987, by and between P;Ef,l hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACHI VIRGINIA, hereinafter referred to as the "City". WHEREAS, Owner is seized in fee simple of and WHEREAS, Owner is desirous of improving the Project in accordance with the terms an.d conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide sewer service to this Project, it is necessary for Owner to construct certain sewer facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOWO THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system (hereinafter the "System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of after successful completion of the System and acceptance thereof by the City in accordance with approved plans. I 45c 3. The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such may be at any point, and the City shall have the right a@ any connection time tO USe the System to serve persons within and without the Project limits. ul completion of the Syslem and acceptance thereof 4. Upon successf by the City, Owner hereby agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser an account hereof, the Owner at its sole cost shall defend the City against such claims. 45. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beath, at Owner's expense. 2 45d IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA (City Manager) DATE ATTEST: (SEAL) City Clerk BY DATE AL) APPROVED AS TO CONT@N D.pa tt@-f P APPROVED AS TO FORM: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Department ol 3 45e STATE OF CITY OF 1, @ , a Notary Public in and for the C.ity and State aforesaid, do hereby certify that -. @ I - C-@ I @l- Z- v and Secretary, respectively, of L se names are signed to the writing above, have acknowledged the same before me in my City and State aforesaid. Given under my hand this /,n day of 1987. My Commission Expires Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of 1987. Notary Public My Commission Expires: 1/87 4 - 46 - Item V-J-5. CONSENT AGENDA ITEM # 27939 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of a 25' strip surrounding Lake Joyce to Robert J. Atkinson, his heirs, assigns and successors in title, (Bayside Bor.) The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees not to commence construction within the 25-foot strip surrounding Lake Joyce until such time as notice has been provided to show that the City of Norfolk will not invoke its reverter clause option by reason of the encroachment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 46a - 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 25'STRIP 7 SURROUNDING LAKE JOYCE TO 8 ROBERT J. ATKINSON, HIS 9 HEIRS, ASSIGNS AND 10 SUCCESSORS IN TITLE 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That pursuant to the authority and to the extent 15 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 16 amended, Robert J. Atkinson, his heirs, assigns and successors 17 in title are authorized to construct and maintain a temporary 18 encroachment into the right-of-way of 251 strip surrounding Lake 19 Joyce. 20 That the temporary encroachment herein authorized is 21 for the purpose of constructing and maintaining a gazebo and that 22 said encroachment shall be constructed and maintained in 23 accordance with the City of Virginia Beach Public Works 24 Department's specifications as to size, alignment and location, 25 and further that such temporary encroachment is more particularly 26 described as follows: 27 28 An area of encroachment into a 29 portion of the City's right-of-way 30 known as 251 strip surrounding Lake 31 Joyce as shown on that certain plat 32 entitled: "PLAN VIEW R. J. 33 ATKINSON 4468 BLACK BEARD RD. 34 VIRGINIA BEACH, VA 23455,11 a copy 35 of which is on file in the 36 Department of Public Works and to 37 which reference is made for a more 38 particular description. 39 40 PROVIDED, HOWEVER, that the temporary encroachment 41 herein authorized shall terminate upon notice by the City of 42 Virginia Beach to Robert J. Atkinson, his heirs, assigns and 43 successors in title and that within thirty (30) days after such 44 notice is given, said encroachment shall be removed from the 45 City's right-of-way known as 251 strip surrounding Lake Joyce and - 46 b - 46 that Robert J. Atkinson, his heirs, assigns and successors in 47 title shall bear all costs and expenses of such removal. 48 AND, PROVIDED FURTHER, that it is expressly understood 49 and agreed that Robert J. Atkinson, his heirs, assigns and 50 successors in title shall indemnify and hold harmless the City of 51 Virginia Beach, its agents and employees from and against all 52 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 in effect until such time that Robert J. Atkinson, executes an 58 agreement with the City of Virginia Beach encompassing the 59 afore-mentioned provisions. 60 Adopted by the Council of the City of Virginia Beach, 61 Virginia, on the 24 day of August 19 87 62 63 64 JAS/ih 65 07/29/87 66 CA-2380 67 (encroach\atkinson.ord) 4,PPROVED AS TO CONTENTS 0 4111@ SIGNATURO DEPARTMENT APPRO@/ED AS TO LEGAL SUi FiCiEl\]CY AND F'-- RM T 2 46 c - THIS AGREEMENT, made this day of @t, 19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and ROBERT J. ATKINSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a 12 foot wide wooden gazebo located within the 25 foot strip around Lake Joyce and 110 feet behind the existing wooden bulkhead approved by City Council December 8, 1986, in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such gazebo, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as 251 strip surrounding Lake Joyce; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such gazebo within a portion of the City's right-of-way known as 251 strip surrounding Lake Joyce. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further considekation of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a 46 d - temporary encroachment tO use a portion of the City's right- of-way known as 251 strip surrounding Lake Joyce for the Purpose of constructing and maintaining such gazebo. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the city of Virginia Beach Public works Department's specifications and approval as to size, aligriment 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 251 strip surrounding Lake Joyce as shown on that certain plat entitled: "PLAN VIEW R. J. ATKINSON 4468 BLACK BEARD RD. VIRGINIA BEACH, VA 23455," 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 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 251 strip surrounding Lake Joyce by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including 2 reasonable attorney's fees in case it shall be necessary to t 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 party agrees not to commence construction within the 25 foot strip surrounding Lake Joyce until such time as notice has been provided to show that the City of Norfolk will not invoke its reverter clause option by reason of the encroachment. 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 encroache,d upon the 3 - 46f - equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the city shall impose a penalty in the sum of one Hundred Dollars ($100-00) per day for each and every day that such encroachment is allowed to co,ti,,e thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Cler By R.b STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby 4 - 46g - certify that THOMAS H. MUEHLENBECK, 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. GIVEN under my hand this _day of 19 Notary Public My commission Expires: 5 - 46h - STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, II(, -A @ -i i-,cvv@o C, -1 a Notary Public in and for the City and State aforesaid, do hereby certify that Robert J. Atkinson, whose name is signed to the foregoing writing, bearing date the day of 19 @-I has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of lgg-z 14 7!' L Notary Public Lxpires My commission Expires: JAS/ih APROVED AS TO CONTENTS 07/29/87 CA-2380 (encroach\atkinson.agr) MENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 6 Z@il7' e@ 130 .3z Clt OL7.,f. CIzilLf,4.D 7 .4 VlfCIAIIA. -@.n W ". . V,4 VI, ;23tSS "(ET 2.it - 47 - Item V-J.6. CONSENT AGENDA ITEM # 27940 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED: Ordinance appointing viewers in the petition of Charles F. Burroughs, Jr. for the closure of a portion of Five Forks Road (Bayside Borough). The Viewers are: David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert Scott Director of Planning Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye 4?a - ORDINANCE APPOINTING VIEWERS WHEREAS, Charles F. Burroughs, Jr., has given due and proper notice, in accordance with the statutes for such cases made and provided that he will on the 24@.,Y of August 1987, apply to the City Council of the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers wha@, if any, inconvenience would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert, Jr. Robert Scott and David Grochmal are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion what, if any, inconvenience would result in the discontinuing and vacating of a portion of the certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: Commencing at the grid coordinates N 213,701.84 E 2,694,088.27 of an existing stone monument on Five Forks Road according to the Virginia State Plane Coordinate System, Lambert Grid, South Zone, and as shown on the plat of "Thoroughgood, Section 1", recorded in Map Book 39, Pages 37-41, said monument being the Point of Beginning; thence turning and running N 86*42'1-81' W a distance of 31.70 feet; thence N 22'08'25" E a distance of 732.51 feet to a point in the southern 47b - right-of-way line of First Court Road; thence turning and running along said southern riqht-of-way line N 85'10'54" E a distance of 33.66 feet; thence turning and running S 22'08 25" W a distance of 737.53 feet to the Point of Beginning. All the above as shown upon that certain plat entitled "Map of Portion of Five Forks Road to be Closed, Bayside Borough, Virginia Beach, Virginia, For Charles F. Burroughs, Jr.", july 13, 1987 prepared b@, Baldwin & Gregg, Engineers, Surveyors, Planners. ADOPTED: August 24, 1987 2 - 47c - State of Virginia to-.it AFFIDAVIT City of '4orfolk This day UNA SAWYER personally op..,eared before me and after being duly sworn made oath that; (1) (He) (She) is affidovit clerk of -@ ILNT & I,FnnFR QTAR a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; (2) Thot the advertisement hereto annexed of --.----NOTICE t@twipaper on the following dates: - has been published in sai d 8/2 9 19 _ 87 AFFIANT -4i)SScribed and sworn to before me in my city and state aforesaid this 87 @@'th - day of AUG 19 ,,Ay commission expires My Coir.@-i-zsion @;,,@r PlLiy 20, 1991 19 NOTARY PUBLIC ..TIC@ PIE@E T'.E OTIC@, l@.1 .1 B@@, Vi, ci,, f 1. Ci'Y f @i,@ini. P,i.,@. ill Iili.n t@. co.@ ;l f., @@f vi,.c 1. @i ",@t .@d @.It 1. t,@ Cil, c@@@c" i. @@ @ini@n f @i @..r @." if .." i@c.. -".I'd @.11 fr.m @@ li@., nd @i...Ii@u '@@ id .1 .id @11.1 i@ @@id c..i E 2,111-.11.1 S'-1- Pl@-@ C.Idi-l@ Glid, S.,@ Z..@, nd .@ @.wn on 1. @l., .1 c.rd.d in 31- "'id @.,@.-nl @in, @, p.i@t ftl@@@ t.,n- ,@@ ndN @ . ,,'1.@,, f 31.1. f.1; l@@nc. . 2M'25" E . di@l.@c@ f 732,11 f., 1. @inl in Ih@, -1@@,n li@ hl@t..., li@, @ Ii ... C.@@ R.d; Ih,@@@ I.,ni@. ..d ..@ n,@, .1.@ @id -1h,,@ i,ll@f -Y li@- @@ - di,l@@c@ .1 33,. f.1; l@@n@. lu,.i@@ .@d 5 @'." W . dill.@@, .f 131.13 1.1 1. th@ P@i@t f B@ @t Ih.i .,d @,@@nl hi, .1 1. cil@ C.@@cill .1 Ih, -It@, @@ 11@ . @l.c. n th@ -11@d., 1. i.n. wili@.lili.,, Cil@ C--@cil 1- ".. di@- l@.1 .1i.n li@@ R.@ in Ih@ Cil, .1 GW@ Of C.@n@@, W - 47d - WGUIRF-WOODS LAwOFFICF,S IN ALE)CANDRIA, BATTLE&BOOTHE WORLD TRADE CENTER CHARLOTTESVILLE, FAIRFAX, SUITE 9000 NORFOLK, Ric[4MOND, P.O. BOX 3767 TYSONS CORNER, WILLIAMSBURG NORFOLK, VIRGINIA 23514 AND WASHINGTON. D.C. TELEPHONE: (804) 627-7677 TELECOPIER: (804) 625-2356 TELEX: 989327 MWBB.NFK CERTIFICATE OF VESTING OF TITLE I, Glenn W. Hampton, attorney for Charles P. Burroughs, Jr., do certify that: 1. I am an attorney at law and represent Charles F. Burroughs, Jr., the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virqinia Beach, Virginia, then title to said property will vest in Charles F. Burroughs, Jr. That said property referred to herein is hereby described as follows: Commencing at the qrid coordinates N 213,701.84 E 2,694,088.27 of an existinq stone monument on Five Forks Road according to the Virginia State Plane Coordinate System, Lambert Grid, South Zone, and as shown on the plat of "Thoroughgood, Section 1", recorded in Map Book 39, Pages 37-41, said monument being the Point of Beqinning; thence turning and running N 86142138@' W a distance of 31.70 feet; thence N 22'08125" E a distance of 732.51 feet to a point in the southern right-of-way line of First Court Road; thence turning and running along said southern right-of-way line N 85110154" E a distance of 33.66 feet; thence turning and running S 22'08'25" W a distance of 737.53 feet to the Point of Beginninq. All as more particularly shown on that certain plat entitled "Map of Portion of Five Forks Road to be Closed, Bayside Borough, Virginia Beach, Virginia For Charles F. Burroughs, Jr.", July 13, 1987, prepared by Baldwin & Gregg, Engineers, Surveyors, Planners. Very.truly yours, @e nn 47e IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, XNOWN AS FIVE FORKS ROAD, AS SHOWN ON CERTAIN PLAT ENTITLED, "MAP OF PORTION OF FIVE FORKS ROAD TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA, FOR CHARIES F. BURROUGHS, JR.", JULY 13, 1987, WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Charles F. Burrouqhs, Jr., respectively represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia 1950, as amended, the Petitioner applies for the vacating, closing and discontinuance of a portion of that certain street, which is more specifically described as follows: Commencing at the grid coordinates N 213,701.84 E 2,694,088.27 of an existing stone monument on Five Forks Road according to the Virginia State Plane Coordinate System, Lambert Grid, South Zone, and as shown on the plat of "Thoroughgood, Section 1110 recorded in Map Book 39, Pages 37-41, said monument being the Point of Beginning; thence turning and running N 86142'38" W a distance of 31.70 feet; thence N 22*08'25" E a distance of 732.51 feet to a point in the southern right-of-way line of First Court Road; thence turning and running along said southern right-of-way line N 85'10154" E a distance of 33.66 feet; thence turning and running S 22108f2511 W a distance of 737.53 feet to the Point of Beginning. 47f Said parcel of land beinq a portion of Five Forks Road as indicated on that certain plat entitled "Map of Portion of Five Forks Road to be Closed, Bayside Borough, Virginia Beach, Virginia For Charles F. Burroughs, Jr.", July 13, 1987, which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of 1987, as to whether in the opinion of said viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the day of 1987, and on the day of , 1987 notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land alonq and adjacent to and affected by said portion of the platted street is your Petitioner herein Charles F. Burroughs, Jr. Respectfully submitted, Charles F. Burroughs, Jr. By: Of Counsel 2 - 48 - Item V-J.7. CONSENT AGENDA ITEM # 27941 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer furids of $148,916 to cover construction costs of project #6-933 Croatan Beach sewer, AND, ACCEPTED the LOW BID to Precon Construction Company in the amount of $937,916. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 48 a - AN ORDINANCE TO TRANSFER FUNDS OF $148,916 TO COVER CONSTRUCTION COSTS OF PROJECT #6-933 CROATAN BEACH SEWER AND TO ACCEPT THE LOW BID OF PRECON CONSTRUCTION COMPANY IN THE AMOUNT OF $937,916 WHERRAS, the Croatan Beach Area has been identified by the local health 4epartment as a Class III health problem area with the Croatan Beach Sewer Project (#6-933) included in the current Capital Improvement Program to provide sewers to replace aging septic tanks and prevent future health hazards, and WHERFAS, bids were recently received for this project with the low bid .being from Precon Construction Company in the amount of $937,916, and WHERF-AS, the project account presently needs additional funds of $148,916 to cover the bid cost plus allow for administration, inspections, paving and contigencies, and WHEREAS, the additional funds needed may be transferred from project #6-316 Various Sewer Projects since additional will be provided to this project in the current fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $148,916 are hereby transferred from project #6-316 Various Sewer Projects to #6-933 Croatan Beach to allow for the contruction of Croatan Beach Sewers. BE IT FURTHER ORDAINED, that the low bid of Precon Construction Company in the amount of $937,916 for the construction of sewers in the Croatan Beach is hereby accepted. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 24 . day of August 1987. ORD6933 - 49 - Item IV-J.8. CONSENT AGENDA ITEM # 27942 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council APPROVED: LOW BID to East Coast Corporation in the amount of $588,073.25 for Resort Center Streetscape Improvements (CIP 6-925). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss," Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 50 - Item V-J.9 CONSENT AGENDA ITEM # 27943 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council APPROVED: BINGO PERMIT: Aragona Pembroke Little League Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 51 - Item V-K.1 APPOINTMENTS ITEM # 27944 Upon NOMINATION by Councilwoman Henley, City Council APPOINTED to the DISASTER GROUP: Council Members Albert W. Balko Nancy K. Parker At Large Citizens James Hetz Walter Vargo Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 52 - Item V-K.2. APPOIN@S ITEM # 27945 Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION: John Salop (Two Year term - September 1, 1987 - October 31, 1989) Jack Whitney (Two Year Term - September 1, 1987 - October 31, 1989 Alternate) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heisch6ber, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 53 - Item V-K-3 APPOINTMENTS ITEM # 27946 Upon NOMINATION by Councilman Balko, City Council APPOINTFD to the LYNNHAVEN BOAT RAMP COMMITTEE: Albert W. Bal-ko Lynnhaven Borough Councilman John L. Perry Bayside Borough Councilman Robert Matthias Intergovernmental Relations C. Oral Lambert Director, Public Works Harold Whitehurst Director, Parks & Recreation Judy Connors Ocean Park Resident Ron Makela Great Neck Association of Civic Leagues Edward Barco Wetlands Board Emmett Sanford Waterman L. C. Herring, Jr., Chairman Virginia Federation of Anglers John Richardson Virginia Beach Tomorrow Group C. H . Dorchester Wetlands/Environment This Committee shall report to City Council in six (6) months. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 54 - Item V-K-4 APPOINTMENTS ITEM # 27947 ADD-ON Upon NOMINATION by Councilwoman Henley, City Council APPOINTED to the VIRGINIA MUNICIPAL LEAGUE Voting Delegate Vice Mayor Meyera E. Oberndorf Alternate Delegate Council Lady Nancy K. Parker URBAN SECTION Chairing the Committee Vice Mayor Meyera E. Oberndorf Alternate Delegate Councilmm Albert W. Balko Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 5 5 Item V-L.1 NEW BUSINESS ITEM # 27948 ADD-ON Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Coucnil ADOPTED: Resolution providing for the Amendment of the Charter of the City of Virginia Beach, Virginia, By Amending Section 2.02 to Add a New Subparagraph (f), to Authorize the Protection and Replacement of Trees on Private Property. The Resolution ADOPTED by City Council on August 10, 1987, is hereby REPEALED. AND, APPROVED as AMENDED, QUESTION for the 1987 REFERENDUM BAIJOT: Should the City of Virginia Beach, pursuant to its Charter or by the General Law of the State of Virginia, have the right to provide for the protection and/or replacement of trees during land development and subdivision activities on private property in the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress,* Harold Heischober, Barbara M. Henley, Mayor Roberr, G. Jones, Reba S. McClanan, John D. Moss, Vice @layor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None "Verbal Aye 1 2 3 Requested by: Reba McClanan 4 5 6 RESOLUTION PROVIDING FOR THE AMENDMENT OF THE 7 CHARTER OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, BY AMENDING SECTION 2.02 TO ADD A 9 NEW SUBPARAGRAPH (F), TO AUTHORIZE THE 10 PROTECTION AND REPLACEMENT OF TREES ON 11 PRIVATE PROPERTY 12 13 14 WHEREAS, the citizens of the City of Virginia Beach have 15 become increasingly aware and concerned about the loss of trees 16 and other green space in the City; and 17 WHEREAS, the continual development of real estate within the 18 city may endanger the remaining trees and other green space; and 19 WHEREAS, the City previously submitted a request to the 20 General Assembly for a Charter amendment in order to grant the 21 city of Virginia Beach the power to establish by ordinance 22 reasonable rules and regulations for the protection and 23 replanting of trees; and 24 WHEREAS, that request for Charter amendment was denied; and 25 WHEREAS, the City Council believes it is imperative that the 26 citizens of Virginia Beach have an opportunity to officially 27 express their opinion concerning this matter. 28 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA THAT: 30 1. It is hereby determined to be in the best interest of 31 the City to request the General Assembly of Virginia to amend the 32 City's Charter to provide for the protection and replacement of 33 trees on private property by amending Section 2.02 to add a new 34 subparagraph (f) as follows: 35 (f) Tree Protection. To establish by ordinance reasonable 36 rules and regulations to prohibit the unnecessary removal of 37 trees during land subdivision and development activities in the 38 City of Virginia Beach, and to establish by ordinance reasonable 39 rules, regulations, and schedules for replacement of trees on 40 private property. 41 2. The Circuit Court of the City of Virginia Beach is 42 hereby requested to order an election pursuant to SS515.1-834 and 43 24.1-165 of the Code of Virginia, as amended, to determine if the 44 qualified voters of the City desire the Council to request the 45 General Assembly to amend the Charter as provided above. 46 3. If the qualified voters of the City vote in favor of 47 such a request, the City Manager shall provide for the 48 transmittal of two (2) certified copies of the results of such 49 election together with the publisher's affidavit and the proposed 50 amendments to the City's Charter to one or more of the members of 51 the General Assembly who represent the City with a request that 52 the General Assembly pass a bill amending the Charter of the City 53 of Virginia Beach in the manner provided in SS15.1-834 of the Code 54 of Virginia. 55 Adopted by the Council of the City of Virginia Beach on the 56 24 day of August 1987. 57 58 DSH/awj 59 7/7/87 60 7/11/87 61 8/24/87 62 RES/Tree3.res 63 2 - 56 - Item V-L.2 NEW BUSINESS ITEM # 27949 ADD-ON Councilman Baum referenced letter of August 16, 1987, from Councilwoman Nancy K. Parker requesting the City Manager to make arrangements for her attendance at the INTERNATIONAL TRADE CONFERENCE, to be held in Houston, Texas, on October 22-24th. Councilman Baum further referenced the NATIONAL LEAGUE OF CITIFS Conference in Las Vegas, which seemed to be an inappropriate place to SCHEDULE same. Councilman Baum advised relative the CITY'S TRAVEL POLICY, it would be more sensible for professional staff members to attend fuctions rather than politicians. Councilman Baum requested further information regarding the CITY'S TRAVEL POLICY and the names of those attending the Conference in Las Vegas. Councilwoman Parker advised because of Vice Mayor Oberndorf's close ties with the NATIONAL LFAGUE OF CITIES and appointment to the Environmental Protection Committee, when the Environmental Protection Agency commenced formulating their rules and regulations, Vice Mayor Oberndorf was able to introduce Jack Whitney and Carl Thoren to represent the City's part on the policy making board. This resulted in many benefits to the City. - 57 - Item V-L.3. UNFINISHED BUSINESS ITEM # 27950 ADD-ON Councilman Moss referenced the method of advertising and data available to the Public relative the 1987 REFERENDUM. Councilman Moss's concern was relative the actual factual documentation to be utilized in the advertising for the 1987 REFERENDUM. It is important to have full disclosure concerning the financial impact of all the Bond Referendums within the CAPITAL IMPROVEMENT PROGRAM. Councilman Moss referenced a Public Meeting on September 3, 1987. The City Manager advised only a strategy with ideas and concepts had been directed initially to the Mayor and Vice Mayor for direction. There have been no decisions made. Councilwoman McClanan advised last Fall the Council was not aware there were funds allowed in excess of those actually needed. Councilwoman McClanan desired accurate information as did the public. Hector A. Rivera, Assistant City Manager for Human Services is compiling strategies for the 1987 R DUM. The Mayor advised Mr. Rivera would be most receptive to any ideas of Members of City Council. - 58 - Item V-L.4. UNFINISHED BUSINESS ADD-ON ITEM # 27951 The following spoke requesting the City Council extend the Agreement from September 1, 1987 to December 1, 1987, relative the City's $1.8 MILLION OPTION to purchase the 24th Street Oceanfront Park subject to Twenty-fourth Street Oceanfront Park Committee raising $600,000 by September 1, 1987. Sheldon Corner, 325 Susan Constant Drive, Phone: 428-1731, 24th Street Ocean Front Park Committee. Sheldon Corner advised this project would cost the City less money if said park were a Memorium to the Honorable Sidney S. Kellam. When said park is established, the price will be reduced from $2.4 MILLION to $2.35 MILLION. This will be a savings to the City, NOT the Committee. Maurice B. Jackson, 1125 Ditchley Road, Member of 24th Street Ocean Front Park Committee, Phone: 428-1470 Louis Miles Pace, 1908 Hunts Neck Court, Phone: 468-0925 A MOTION was made by Councilman Perry to extend the AGREEMENT from September 1, 1987 to December 1, 1987, relative the City's $1.8 MILLION OPTION to purchase the 24th Street Oceanfront Park subject to Twenty-fourth Street Oceanfront Park Committee raising $6oo,000. Said MOTION failed for a LACK OF A SECOND. A MOTION was made by Councilman Baum, seconded by Councilman Perry to extend the AGREEMENT from September 1, 1987 to September 14, 1987, relative the City's $1.8 MILLION OPTION to purchase the 24th Street Oceanfront Park subject to Twenty-fourth Street Oceanfront Park Committee raising $600,000. On September 14, 1987, City Council could then consider whether to extend this date further or other appropriate action. BY CONSENSUS, this MOTION WAS WITHDRAWN. BY CONSENSUS, City Council SCHEDULED FURTHER CONSIDERATION for the City Council meeting of September 14, 1987 or September 21, 1987, subject to staff review of the Twenty-Fourth Street Park Committee's proposal. Said new AGREEMENT shall be in writing. - 59 - Item V-M. 1 . NEW BUSINESS 1988-97 CAPITAL IMPROVEMENT PROGRAM ITEM # 27952 Dean Block, Assistant City Manager for Analysis and Evaluation, presented the 1988-1997 CAPITAL IMPROVEMENT PROGRAM, shown in detail for the first five fiscal years, 1988-1992, and in summary for fiscal years 1993-1997. The first five fiscal years, 1988-1992, which are shown in detail, for the Capital Improvement Program (CIP) is proposed at a total funding of $874,463,495 (including $284,088,183 of financing to date), the first year of which is the Capital Budget funded at $114,277,790. New initatives reflect (1) the additon of a new tenth year, consist with policy goals already established or (2) the funding of incremental decisions made by Council during the course of the past year or (3) recommendations for changes or additions to meet newly developing critical needs. In keeping with Council policy, available year-end balances have been returned to the schools to fund the remainder of Phase I and all of Phase II of the air conditioning of older schools. $4.26 MILLION is allocated to air conditioning this year. Added to the $1.5 MILLION appropriated last year, these are sufficient funds for all of Phase I and all of Phase II of the School requests. In response to Council's direction, the Kellam High School renovation has been moved forward to match the timetable for the Bayside High renovation. Cost estaimates have been revised as air conditioning of the schools is included in the air conditioning project. Both renovations are funded through the 1989 referendum. The major results of the garage consolidation study have been implemented by reducing the previously included school garage project to reflect the smaller satellite facility recommended. Dean Block stressed items in the CAPITAL IMPROVEMENT PROGRAM relative ENGINEERING AND HIGHWAYS, STORMWATER MANAGEMENT, BIKEWAYS, RESORT AREA IMPROVEMENTS, BUILDINGS (JUDICIAL CENTER, CORRECTION CENTER), PARKS AND RECRFATION AND WATER ARD SEWER. The following SCHEDTJLE for the 1988-97 CAPITAL IMPROVEMENT PROGRAM (CIP) was reiterated: August 31, 1987 CIP WORKSHOP 10:00 A.M. - 12:00 NOON. September 9, 1987 CIP WORKSHOP 10:00 A.M. - 12:00 NOON. September 14, 1987 PUBLIC HEARING/FIRST RFADING September 21, 1987 SECOND READING/ADOPTION Mayor Robert Jones advised of a LUNCHEON and BRIEFING relative the "A I C U Z" by the United States Navy has been SCHEDULED in the PAVILION VIP ROOM. Vice Mayor Oberndorf advised of a PUBLIC MEETING relative "WINDSURFING" with herself and Councilman Fentress Co-Chairing. Same is SGHEDULED for 3:00 P.M- on August 31, 1987 in the PAVILION VIP ROOM. - 60 - Item V-M.2 NEW BUSINESS ITEM # 27953 ADD-ON Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to Amend and Reordian Section 36-57 of the Code of the City of Virginia Beach, Virginia, pertaining to Charter Buses Parking/Stopping. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker* and John L. Perry Council Members Voting Nay: John D. Moss Council Members Absent: None "Verbal Aye - 60 a - Requested by Councilman Albert Balko 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 36-57 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO CHARTER BUSES 5 PARKING/STOPPING 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 36-57 of the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 36-57. Parking or stopping of charter buses. 14 15 (a) Except as otherwise provided herein, the parking 16 of any charter bus or stopping of any charter bus for the purpose 17 of picking up or discharging passengers shall be prohibited from 18 and including the Friday preceding Memorial Day through and 19 including the Tuesday following Labor Day every calendar year on 20 all municipal parking lots and all public streets in the 21 following areas: 22 (1) The Virginia Beach Borough, except that charter 23 buses may stop for no more than fifteen (15) minutes to pick up 24 or discharge passengers on the west side of the Virginia Beach 25 Civic Center (Dome) parking lot located on Arctic Avenue between 26 19th and 20th Streets in a zone designated " Bus Stop - 15 Minute 27 Parking." Furthermore, the 4th Street Public Parking Lot located 28 by Rudee Inlet Loop has been designated as a pick-up and 29 discharge zone with fee parking for charter buses on a first- 30 come, first-served basis. 31 (2) An area in the Lynnhaven Borough bounded on the 32 south by the northern boundary of the Virginia Beach Borough, on 33 the west by the Linkhorn Bay and Seashore State Park, on the 34 north by 89th Street, and on the east by the Atlantic Ocean; 35 including but not limited to those communities denoted as North 36 Virginia Beach, Princess Anne Hills, Bay Colony and Cavalier 37 Park. 38 (3) An area in the Lynnhaven Borough bounded on the 39 south by the property owned by the Commonwealth of Virginia, on 40 the west by Lake Rudee, on the north by Rudee Inlet, and on the - 60b - 41 east by the Atlantic Ocean; including but not limited to those 42 communities denoted as Southside, Harbor Point and Croatan Beach. 43 (b) The city manager or his duly authorized agent may 44 authorize the parking or stopping of charter buses in locations 45 and/or at times otherwise prohibited by subsection (a) above. 46 Such authorization, if granted, shall be in writing, a copy of 47 which shall be in the possession of the charter bus driver. 48 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 24th day of August 1987. 51 52 KJC/epm 53 08/19/87 54 CA-02411 55 \ordin\proposed\36-057.pro 56 2 - 61 - Item V-M.3. NEW BUSINESS ITEM # 27954 ADD-ON Councilwoman Parker referenced a REPORT ON AMORTIZATION OF NON-CONFORMING SIGNS AND BILLBOARDS, prepared by William Macali, Assistant City Attorney. Councilwoman Parker distributed copies to Members of City Council and complimented William Macali on this brillant and easily understandable report. (Said copy is herby made a part of the record.) Councilwoman Parker requested City Council schedule same for further consideration. - 62 - Item V-N. ADJOURNMENT ITEM # 27955 Upon motion by Councilman Moss and BY ACCLAMATION, City Council AWOURNED the Meeting at 1:15 A.M., August 25, 1987. BeverlrO. Hooks dorf Chief Deputy City Clerk th Hodge@ Smith, CMC 4uity Clerk City of Virginia Beach Virginia