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HomeMy WebLinkAboutOCTOBER 29, 1991 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYEM E OBE@i@RF, A@-@,, VICE MAYOR ROBERT E FENT@SS Vi,i,i@ B@.h h JOHN A. BAUM, Bl@,k.@l- @..,h JAME,S W B@IER, JR,, I,,@.h. @. @..,h ROBERT W (:LYBU@, K-,@ti, @@,h HARO@ IIEISCHOBER, Al @,, LOUIS R JONES, B,.d, &-.,h PAUL I @NTF.IGNE, P.@, @,h @BA S M,C"NAN, P@-- A.@@ @@,h NANCY K PA@E.R, Al.@,, WILLIAM D SE&SOM,@, JR, Al 281 C17T HALL BIJI@ING CITY COUNCIL AGENDA MUNICIPAL (:ENTER AUBREY V WALL S, JR, C@@y M..,, VIRGINIA BEAC:H VIRGINIA 23456 9W5 LESLIE L. LI@Y, Cil, A@l-., (SN) 427@4303 RUTH HODG@ WITH, (@MCi@E, Cil Cl@k OCTOBER 29, 1991 ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber - 12:30 PM A. CAPITAL IMPROVEMENT PROGRAM FY 1991-1992 - 1995-1996 CITY COUNCIL and SCHOOL BOARD E. Dean Block, Assistant City Manager for Economic Management ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Herbert G. Hobbs Baylake United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSION - October 22, 1991 G. PUBLIC HEARING 1. PROPOSED ENVIRONMENTAL SERVICES UTILITY AND FEES (Stormwater Management) H. ORDINANCE 1. Ordinance to AMEND and REORDAIN Section 33-112 of the Code of the City of Virginia Beach re sale of public street, alley, easement and other public ways. (Sponsored by Councilman John A. Baum) 1. PUBLIC HEARING 1. PLANNING a. Application of MARK A. and DONNA M. HANSEN for a Conditional Use Permit for a commercial kennel on the East side f Princess Anne Road, 1-5 5 feet South of Pocahontas Club Road (224 Princess Anne Road), containing 1.3 acres (PUNGO BOROUGH). Recommendation: APPROVAL b. Application of TIRE WORLD, INC. for a Conditional Use Permit for an automotive service establishment (tire sa es an Instal lation) on Lots 1, 2, 23 and 24, B lock 35, Euclid Place (4936 Virginia beach Boulevard), containing 9,148 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Application of STEVEN ROYSTER NEWBERN for a Conditional Use Permit for a home occupation ( ir) on Lot 64, Elizabeth River Shores ( 461 South containing 1.13 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of THE SOUTHLAND CORPORATION for a Conditional Use Permit for an automotive service station In conjunction w a convenience store at dependence Boulevard and dean Drive (496 South Independence Boulevard), containing 46,163 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL a. Application of GOODMAR, INC. for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street, on the South side of Shell Road, East of the intersection with Northampton Boulevard (BAYSIDE BOROUGH). Recommendation: APPROVAL M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 29, 1991 Mayor Meyers E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for the CITY COUNCIL and SCHOOL BOARD WORKSHOP relative the CAPITAL IMPROV PROGRAM Fy 1991-1992 - 1995-1996 in the Council Chamber, City Hall Building, on Tuesday, October 29, 1991, at 10:30 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None School Board Members Present: William H. Barnes, Cynthia M. Davenport, Gerald G. Gibbs, Robert W. Hall, Dr. M. Boyd Jones, Samuel W. Meekins, Martin J. Mulderrig, Jr. , Dr. Ulysses V. Spiva, Chairman Gregory N. Stillman and Floyd E. Taylor School Board Members Absent: Susan L. Creamer - 2 - C I T Y C 0 U N C I L W 0 R K S H 0 P C A P I T A L I M P R 0 V E M E N T P R 0 G R A M FY 1991-1992 - 1995-1996 10:30 A.M. Item # 35002 Greg N. Sti I lman, Chairman - School Board, adv I sed the Schoo I I s proposed Capital Improvement Program, has a high level of credibility as It is not based on projections, but an Identification of current needs. It is a "backlog" CIP. The CIP is conservative and designed to diminish, but not eliminate the reliance on portables and does achieve some reduction in class sizes. The City's per capita expenditure per pupil lags behind other similarly situated jurisdictions. Northhampton County is currently spending approximately $1000 more per child than the City of Virginia Beach, even though they view themselves as significantly disadvantaged from a financial point of view. Henrico County, Chesterfield County and Chesapeake spend a greater percentage of their total indebtedness on school construction than does the City of Virginia Beach. The School Board does not believe it will be able to continue to maintain their current level of class sizes with the changing demographics. The School Board is requesting the City Council make a commitment to public education that the City has not had to make previously because of outstanding demographics. In the last five years, the City has issued Charter Bonds totalling approximately $136.9-MILLION. Of that approximate twenty-four percent (24%) percent was allocated for schools, or $32.9-MILLION of the total amount of Charter Bonds incurred. Over the past five years, the City has retired $72.2-MILLION in debt. Relative the projections over the next five years, in 1991-1992, the City issued $26.1-MILLION in Charter Bonds; 1992-1993 - $29- MILLION,; 1993-1994 - $59-MILLION; 1994-1995 - $32.7-MILLION, and 1995-1996 - $28.6-MILLION totaling $175.4-MILLION in Charter Bond Indebtedness. The CIP is proposing to issue about 24.9% of that or $43.7-MILLION over the next five years. During that same time period, the City will retire $91-MILLION In debt, most of which was previously raised through School Bond Referendum, but only $41-MILLION in Charter Bonds will be utilized for schools. The School Board has turned back, as a surplus to the City, $17.5-MILLION to be committed to the Capital Improvement Program for school construction. Therefore, the School Board is requesting $104-MILLION In new debt. Education should always be the top priority of the City of Virginia. Dr. Sidney L. Faucette, Superintendent - Virginia Beach City Public Schools, advised two improvement Initiatives have been attempting less reliance on portables, reducing class size In eleven Target Schools in Grades K through 2 and transferring art and music teachers into regular classrooms. Class size must be reduced, especially for disadvantaged children, to be assured they will enter the main steam and compete with the more advantageous children in the City. Chairman Stillman advised the City is currently utilizing 330 portables. Henrico County, a considerably smaller system, utilizes 33 portables. Dr. Faucette advised, when the School Board adopted the CIP, one of the key components was to investigate every form and method of construction to house students. A study encompassing these various forms, as well as the utilization of "dismantables" will be presented to the School Board in December. In California, a law exists that one-third of every school must be collapsible, so it could be moved to another site as the community matures. There also might be opportunities to utilize buildings already in existence In the City. Concerning empty classroom space, Dr. Faucette advised a DRAFT of a report has been prepared relative better utilization of space. This report, when presented in December, might have an affect on future CIP'S. Dr. Andrew Carrington, Assistant Superintendent - Facility Planning and Construction, advised the estimate for Strawbridge School was originally $8.2- MILLION and the construction came in at $6.6-MILLION, which resulted in a savings of $1.6-MILLION. These savings, along with other savings at Tallwood High School, Landstown Elementary and Middle School, were transferred to Corporate Landing School which is estimated at $8.6-MILLION; however this can probably be reduced upon receipt of the bids. - 3 - C I T Y C 0 U N C I L W 0 R K S H 0 P C A P I T A L I M P R 0 V E M E N T P R 0 G R A M FY 1991-1992 - 1995-1996 Item # 35002 (Continued) Dr. Edwin Brown - Assistant Superintendent, Office of Curriculum and Instruct Ion, advised, concerning f am I I y income be I ow the poverty I eve I, there are approximately 16% "at-risk" children, but this number is increasing rapidly, having increased approximately two percentage points for each of the past two school years. However, based upon the criteria of tests i.e. Literacy Test given to all six graders, there is approximately 10% or 11% "at-risk" children, which is a more adequate indicator as it involves academic achievement rather than family income. There is an Informal assessment in kindergarten as well as tests in Grades 4, 8 and 11. Mary McGovern, Supervisor - Capital Improvement Program, advised, concerning funding yet to be determined on the Landstown Lakes School ($913,000) and Tallwood ($974,000), the School Board assumed these funds would be available through 1991 Charter Bonds. Mrs. McGovern advised the cost of High Schools are determined by reviewing the RS Means Book and determine a basic percentage of a cost for each function of construction, design, professional fees and site improvement. Historical data is also utilized. Dr. Spiva advised there are more than 500 classes in Elementary School English and Math which exceed recommended class size. Elementary Schools are self- contained classes for the most part versus high schools which are moving units. The standards of accreditation require much more square footage per pupil in high schools. In terms of cost, biology, physics, chemistry labs are all extremely costly. Thus, High Schools tend to cost much more than Elementary Schools. Dr. Faucette advised the School Board works basically on the premise the system will continue to grow at approximately 2-1/2% a year (1800 to 2000 students), which has been factored into all of the projections for buildings. The School Board, in 1983, made a decision to require Social Studies in Grade 8. Forty- five (45) teaching positions are required to carry out this initiative. Approximately thirty-five (35) teaching positions connected to growth were added to the CIP. This addition of teachers is not connected with the Middle School concept, only the continuation of growth and the implementation of the requirement of Social Studies in the Eighth Grade. Dr. Faucette will present information relative costs directly related to the Middle School concept. The concept should be done right the first time; therefore, the Middle School concept is proceeding in only five to seven schools at this time. The School Board will delineate specifically, in written form, the goals and achievements of the School System reflected in the CIP which will justify a substantial tax increase. Mrs. McGovern advised Corporate Landing School was originally scheduled in the CIP to open in 1995. This was moved forward to 1993 and pending approval of the CIP will open in September 1993. The School Board is in the process of selecting architects. Economic Development did not have the access roads available into this site, thus Corporate Landing could not be moved up to 1992. Dr. Carrington advised Ocean Lakes High School could not be moved forward because the funding was not in place and the lag time of approximately 3 years needed (1 year for the architect's design facility and 2 years for the building of the facility). Ocean Lakes High School will open in 1994, pending approval of the CIP. Dr. Tom Garrou - Director of Educational Planning, advised a rate of significant decline in the subdivision build-out; however, there has been a rather impressive increase in resale In previous existing homes. The last six years have averaged an increase of 2,000 students a year. There appears to be an Increase of residents with children in apartments, a reflection of economic conditions. A consultant tracking resale of previously owned homes advised sales have risen approximately 15 to 20%. Chairman Stillman and Dr. Faucette advised the School Board has voted to request the City Council allow an appropriation necessary to make a mid-year adjustment of 2-1/2% (an experience step Increase) in salaries. The teachers coming on board for the first year will not receive any increase. - 4 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL October 29, 1991 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chamber, City Hal I Bui Iding, on Tuesday, October 29, 1991, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Herbert G. Hobbs Baylake United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 5 - Item II-E.I. CERTIFICATION OF EXECUTIVE SESSION Item # 35003 CERTIFICATION was not necessary as no EXECUTIVE SESSION was held. I 6 Item Il-F.I. MINUTES Item # 35004 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 22, 1991. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 7 Item 11-G-1. CIP RECONCILIATION WORKSHOP ADD-ON item # 35005 BY CONSENSUS, City Council SCHEDULED a CAPITAL IMPROVEMENT PROGRAM FY 1991-1992 - 1995-1996 RECONCILIATION WORKSHOP for the City Council Session of November 5o 1991. 8 Item 11-G.2. PUBLIC HEARING Item 35006 Mayor Oberndorf DECLARED a PUBLIC HEARING: PROPOSED ENVIRONMENTAL SERVICES UTILITY AND FEES (Stormwater Management) The following spoke expressing their concerns; F. Terry El Ilott, 924 Fern Rl dge Road, Phone: (0) : 490-6842, (H) 468-2182, advised the SUPPORT of Princess Anne Plaza Civic League for the Environmental Services Utility Fee, but requested the name be changed to Stormwater Management Fee. A rev I ew of the projects to e Iimi nate t I ood 1 ng shou Id be conducted annually to assure tees are not tied up In administrative costs. Captain Les Fenlon, 2224 Scal lop Road, Phone: 481-2501, advised more time is needed before the implementation of the fee to educate ourselves and neighbors and requested a DEFERRAL of 6 months. Al Strazzutio, 3120 Sandpine Road, Phone: 481-0024, requested additiona Information be provided concerning the Stormwater Management Plan and its relationship to the CIP, whether the levying authority should be reassessed periodically and this authority's responsibilities. Michael Barrett, Phone: 490-1221, Vice President/Legislative Affairs - Hampton Roads Chamber of Commerce, advised written statement of the Chamber had been distributed to City Counci I . Said statement is hereby made a part of the record. The fees proposed, compared to Norfolk, seem harsh. The Chamber requested DEFERRAL of this Issue unti I a committee comprised of the business community, individual homeowners and other interested parties can be established to help solve concerns. John D. Moss, Phone: 498-0318, advised the issue is one of equity. A fee is a tax, but not deductible on one's income tax return. Mr. Moss did not agree with the strategy used in marketing this concept. The pollution abatement aspect and Its cost has not been discussed. The funds should be raised at the least possible cost. This issue should be DEFERRED. Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, Chairman of the Municipal Affairs Committee - TBA, advised the costs associated with the Environmental Services Utility is the main issue. There are many issues which must be defined. Participation is needed from other outside interests to be assured benefits are received from the implementation of this fee. Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens Action Coalition, advised the majority of funds to be raised appears to be utilized for flood correction problems. These problems should not be included as an environmental project and should not be funded by a Stormwater Management Fee. Mr. LeSesne requested DEFERRAL. Ralph J. Thomann, 3106 Blair Circle, Phone: 340-7169, represented Lillian Vernon Corporation. Mr. Thomann requested the City Council reconsider the determination of the fees. Lillian Vernon is one of the largest holders of Impervious areas In Virginia Beach. Maurice Jackson, 1125 Ditchley, Phone: 428-1470, President Council of Civic Organizations. The CCO supports establishment of a Stormwater Management Program and requested the fee be termed a Stormwater Management Fee and not an Environmental Utility Fee. The CCO requested DEFERRAL of these Ordinances. 9 Item 11-G-2. PUBLIC HEARING Item # 35006 (Continued) GI en n Rus se II, represented the T I dewater Assoc I atIon of Rea I tors, Phone: 340- 9700, and referenced correspondence of October 29, 1991, expressing the concerns of TAR. Said letter is hereby made a part of the record. Maureen Sigmund, Vice President - Southeastern Association for the Virginia Environment (SAVE), advised their opposition to the naming of the tax as an Environmental Utility Services Fee. SAVE advocated a strong Chesapeake Bay Protection Ordinance, but was told Virginia Beach had water quality protection in place with the Stormwater Management Ordinance and did not need additional regulations. SAVE warned against a Comprehensive Plan, CIP Projects and rezonings which encouraged development in environmentally sensitive areas. Mrs. Sigmund requested consideration be DEFERRED and will provide a copy of SAVE's concerns to the City Council. Linwood Branch, Virginia Beach Motel/Hotei Association, 773 Arctic Avenue, Phone: 428-6141. Mr. Branch requested a TASK FORCE be established, comprised of all segments of the community to assist in solving concerns relative the Environmental Services Utility Fee. Robert K. Dean, 1204 Shadow Drive, Phone: 427-6606, spoke in opposition to the term Environmental Services Utility Fee. Stormwater Management Fee would be more appropriate. Workshops need to be SCHEDULED regarding these ordinances and stringent regulations should be established in the Southern Watershed, so this type of Impact fee will not be assessed In the future when development is occurring in the southern portion of the City. Georgette Constant Davis, 110 82nd Street, Phone: 422-2948. Mrs. Davis concurred with the comments of the Chamber of Commerce relative the establishment of a Task Force and the concerns of SAVE. The projects to be funded by this fee are not environmental projects. They are projects to stop flooding In neighborhoods not improve water quality. Mrs. Davis expressed concerns about funds previously budgeted for stormwater project maintenance It the environmental utility fee is put into effect. Lou Pace, 1908 Hunts Neck Court, Phone: 46@925, referenced the Stormwater Projects in the CIP. The Environmental Services Utility Fee is a tax not a fee. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. THE BEACON OCTOBER 20, i991 PUBLIC NOTICE OF COUNCIL ACTION REGARDING A PROPOSED ENVIRONMENTAL SERVICES UTILITY Pursuant to Sections 15.1-29.14 and 15.1- A copy of the full te)d of the roposed ordi- 292A of the Code of Virginia, the Council of nances to be acted concerning documen for the proposed fee ff file in ihe'Cfty Clerk' a.m. and 5: m@n w General @o' p@ ron't formauon on th util- the @ concept may be obtained by calling the the dizen Servi@Office at 427-41 1 1. me Of a 00 I in thi The public hearing and me Council Chambers. action vall be taken are o C shall peffnit p The proposed monthly utility fee is three dol- bN= opportunity tc lars and seventeen cents ($3.17) per equiva- mony vathin such reasoni lent residential unit in the City, parable on all shall-be determined by the developed residential and nonresidential ten comments may also b parcels In the City, chaross to accrue begin- h AJI interested parri ning july 1, 1992. p at the time and place aforemen- go Individuals desiring to provide oral The EnN(ironmental Strvices Utility s Pro- comments should register with the, City posed to provide a source of funding for nec- Clerk's Office before the hearing begins. The essary stoffnwater management operations, Clerk is located on the second fl -oor of the maintenance, construction, monitoring, and CP Hall Building and may be contacted by related activities mandated by and consistent ca@ring 427-M. vath federal and state regulations, and dem- onstrated need as authorized by the Code of Virginia Sec- don 15.1 -292.4. Ruth Hodges Smith, City Clerk - 10 - Item II-G.2. PROPOSED ENVIRONMENTAL SERVICES UTILITY AND FEES Item # 35007 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council: DEFERRED AT LEAST NINETY DAYS: Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach re providing for an environmental services utility system and establish an equivalent residential unit rate fee (Stormwater Management). A Task Force shall be appointed. Mayor Oberndorf advised this proposed Environmental Services Utility and Fees will create a need for 18 new positions and requested additional information regarding the necessity of these proposed positions and how these positions would be factored into the cost of operating this concept. Mayor Oberndorf also requested a complete cost breakdown involved in mailing the bill for this Environmental Services Utility Fee. The City Staff shall provide details concerning the monitoring program of water quality and the location of these monitorings. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Item It-H.I. ORDINANCE Item 35008 Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council DEFERRED INDEFINITELY: Ordinance to AMEND and REORDAIN Section 33-112 of the Code of the City of Virginia Beach re sale of public street, alley, easement and other public ways. This DEFERRAL will enable the City Staff to report to City Council concerning their implementation of this Ordinance. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, @ayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent None 1 2 Item 11-1.1- PUBLIC HEARING Item # 35009 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) MARK A. AND DONNA M. HANSEN CONDITIONAL USE PERMIT (b) TIRE WORLD, INC. CONDITIONAL USE PERMIT (c) STEVEN ROYSTER NEWBERN CONDITIONAL USE PERMIT (d) THE SOUTHLAND CORPORATION CONDITIONAL USE PERMIT (e) GOODMAR, INC. VARIANCE - 13 - Item II-I.l.a PUBLIC HEARING Item # 35010 PLANNING Donna Hansen, 224 Princess Anne Road, Phone: 426-0545, the applicant, represented herself Upon motion by Counci Iman Lanteigne, seconded bv Counci ]man Sessoms, City Council ADOPTED an Ordinance upon application of @ARK A. AND DONNA M. HANSEN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MARK A. AND DONNA M. HANSEN FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL KENNEL R010911398 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mark A. and Donna M. Hansen for a Conditional Use Permit for a commercial kennel on the east side of Princess Anne Road, 1375 feet south of Pocahontas Club Road. The parcel is located at 224 Princess Anne Road and contains 1.3 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1 . No more than 20 dogs shal I be boarded at any one time. 2. No outside runs are permitted until a Variance from the Board of Zoning appeals is granted. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinancei Ado ted by the Council of the City of Virginia Beach, Virginia, on the Twenty- nin ineteen Hundred and Ninety-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 14 - Item 11-I.l.b PUBLIC HEARING Item # 35011 PLANNING David A. Howard, 1071 Hanson Way, Phone- 481-5251 Upon motion by Counci lman Jones, seconded by Counci lman Heischober, City Counci I ADOPTED an Ordinance upon application of TIRE WORLD, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIRE WORLD, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE ESTABLISHMENT (TIRE SALES AND INSTALLATION) R010911399 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Tire World, Inc. for a Conditional Use Permit for an automotive service establishment (tire sales and installation) on Lots 1, 2, 23 and 24, Block 35, Euclid Place. The parcel is located at 4936 Virginia Beach Boulevard and contains 9,148 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. Signage for the site must comply with the existing sign regulations. 2. The submitted site plan shows a London Plane tree along the western boundary of the site. It has been determined by the City Arborist that due to the size of the proposed planting bed, the proposed tree type may have difficulty surviving. The applicant should substitute the London Plane tree with a species capable of flourishing in the designated planting area. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the t - ninth of October, Nineteen Hundre 1 5 Item 11-I.l.b PUBLIC HEARING Item # 35011 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 16 - Item 11-1.1.c PUBLIC HEARING Item # 35012 PLANNING The following registered In SUPPORT of the application: Steven Royster Newbern, the applicant, represented himself June Thurston, 3456 South Crestline Drive, represented the Elizabeth River Shores Civic League and Garden Club. Requested the Use Permit be on a yearly basis with review by City Council. Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of STEVEN ROYSTER NEWBERN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF STEVEN ROYSTER NEWBERN FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (JEWELRY REPAIR) R010911400 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Steven Royster Newbern for a Conditional Use Permit for a home occupation (jewelry repair) on Lot 64, Elizabeth River Shores. The parcel is located at 3461 South Crestllne Drive and contains 1.13 acres. KEMPSVILE BOROUGH. The following conditions shall be required: 1. No retail activities shall be conducted at this location. No traffic will be generated at this location as a result of the requested conditional use permit. 2. Approval is for a period of one (1) year, after which, application shall be returned to City Council annually for their review and approval. 3. There shall be no outside signs. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- ninth of October Nineteen Hundred and Ninet -One. - 17 - Item 11-1.1.c PUBLIC HEARING Item # 35012 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 18 - Item II-I.l.d PUBLIC HEARING Item # 35013 PLANNING Randy Coles, Reflections III, Suite 400, Phone: 498-4711, represented the Southland Corporation. Jack Carvil, 528 Edwin Drive, Phone: 499-0816, resident of Larkspur, advised the Larkspur Civic League opposed this application two years ago and continues to do so. Mr. Carvil presented statistics concerning traffic accidents at this particular intersection. Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council DENIED the Ordinance upon application of THE SOUTHLAND COPRORATION for a Conditional Use Permit: ORDINANCE UPON APPLICAT10N OF THE SOUTHLAND CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon application of The Southland Corporation for a Conditional Use Permit for an automotive service station in conjunction with a convenience store at the northwest corner of Independence Boulevard and Edwin Drive. The parcel is located at 496 South Independence Boulevard and contains 46,163 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 9 Item 11-1.1-e PUBLIC HEARING Item # 35014 PLANNING Attorney Barry Koch, 2840 South Lynnhaven, Phone: 486-7055 Upon motion by Counci [man Jones, seconded by Counci iman Heischober, City Counci I APPROVED the Variance to Section 4.4(d) of the Subdivision Ordinance, which requires al I lots created by subdivision have direct access to a pubt ic street. Application of Goodmar, Inc. for a variance to Section 4.4(d) of the Subdivision Ordinance. The property Is located on the south side of Shell Road, east of the intersection with Northampton Boulevard. BAYSIDE BOROUGH. The following conditions shall be required: 1. Smith Lake Court must be in accordance with City standards and be able to provide unlimited access and turning radius for large emergency, service and delivery vehicles. 2. All administrative waivers to right-of-way improvements must be approved prior to construction plan approval. 3. An emergency by-pass system must be insta I I ad at the gate entrance f or emergency responding personnel. The system must be easily recognizable. 4. A natural area protection plan for the entire subdivision shall be submitted with the construction plans. The developer shall consult with the City Arborist prior to any land disturbance. 5. A homeowners' association shall be established and a maintenance plan shall be submitted to the City for review and approval. 6. A Disclosure Statement shall be required with the Sales Contract, notifying the prospective buyers that the subject street is a private road and that maintenance of the road is the responsibility of the homeowners' association and that certain public services, including but not limited to refuse pickup, mail delivery and school bus service, may not be provided on the street. - 20 - Item li-I.l.e PUBLIC HEARING Item # 35014 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 21 - Item III-J. CONSENT AGENDA Item # 35015 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 22 - Item III-J.1. CONSENT AGENDA Item # 35016 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE a $50,000 refundable Grant to the Davis Corner Volunteer Rescue Squad re purchase of an ambulance. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE @50,000 TO THE DAVIS CORNER VOLUNTEER RESCUE SQUAD FOR PURCHASE OF AN AMBULANCE WHEREAS, the city assists volunteer rescue squads in purchasing major equipment through loans, grants, or direct purchases, depending on a squad's ability to pay, and WHEREAS, the Davis Corner Volunteer Rescue Squad has identified a need for an ambulance to enhance its first line rescue operations, and WHEREAS, the Davis Corner Volunteer Rescue Squad has requested from the city a four year, non-interest bearing loan in the amount of $50,000 for purchase of such equipment and appears to have the ability to repay the funds. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $50,000 be appropriated by the City of Virginia Beach from the General Fund Balance to the Davis Corner Volunteer Rescue Squad for the purchase of an ambulance. It is anticipated that these funds will be repaid on the following schedule: November 1, 1992 $12,500 November 1, 1993 $12,500 November 1, 1994 $12,500 November 1, 1995 $12,500 Total 000 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 29 day of October 1991. F*IRST READING: October 22, 1991 SECOND READING: October 29, 1991 APPROVED OF RUDC-A[--r A: D F- - 23 - Item III-J.2. CONSENT AGENDA Item # 35017 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED, upon SECOND READING: Ordinance to AOCEPT and APPROPRIATE $18,000 Grant from the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse re developing an implementation plan that provides special services to children with special development needs; and, the total appropriation be offset by an $18,000 increase in estimated revenues. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE $18,000 TO THE 2 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, 3 AND SUBSTANCE ABUSE TO PROVIDE SERVICES TO 4 CHILDREN WITH SPECIAL DEVELOPMENT NEEDS 5 6 WHEREAS, the Infant Stimulation Program provides early intervention 7 services for children identified as being developmentally disabled or at-risk 8 of mental retardation; 9 10 WHEREAS, the State Department of Mental Health, Mental Retardation, and 11 Substance Abuse has allocated $18,000 to the Community Services Board to conduct 12 the planning process for the expansion of early intervention services based on 13 identification of consumer needs in conformity with Public Law 99-457; 14 15 WHEREAS, the purpose of Part H of Public Law 99-457 is to support the 16 development of a system within each state that will provide services to young 17 children with special development needs; 18 19 WHEREAS, no city funding match is required; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA that a grant in the amount of $18,000 be accepted and 23 appropriated to the Department of Mental Health, Mental Retardation, and 24 Substance Abuse FY 91-92 Operating Budget for developing an implementation plan 25 in conformance with Public Law 99-457 that provides for services to young 26 children with special development needs. 27 28 BE IT FURTHER ORDAINED that appropriations be offset by a $18,000 increase 29 in estimated revenue. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 32 29 day of October 1991. 33 34 This ordinance shall be effective from the date of its adoption. 35 36 37 APPROVED AS TO CONI'EN1 am AND EVAL.UATION FIRST READING: October 22, 1991 SECOND READING: octo - 24 - Item III-J.3. CONSENT AGENDA Item # 35018 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED, upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $5,992 Grant from the Commonwealth of Virginia "Two-For-Life" Program; and, TRANSFER $5,992 required match within the FY 1991-1992 Operating Budget in the Department of Emergency Medical Services re providing vaccinations to Rescue Squad Members for Hepatitis B. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO ACCEPT AND APPROPRIATE A 65,992 GRANT FROM THE STATE 2 TWO-POR-LIFE PROGRAM AND TO TRANSFER $5,992 FROM VARIOUS ACCOUNTS WITHIN 3 THE DEPARTMENT OF EMERGENCY MEDICAL SERVICE'S PY 1991-1992 OPERATING 4 BUDGET TO PROVIDE HEPATITIS B VACCINATIONS To RESCUS SQUAD MEMBERS 5 WHEREAS, as pre-hospital care providers, members of the rescue BquadB 6 are highly susceptible to hepatitis B, which can be contracted through blood and 7 body fluids; 8 WHEREAS, the State Division of Emergency Medical Services provides 9 grant funds from the Two-For-Life Program for the purpose of providing hepatitis 10 B vaccinations to rescue squad members; 11 WHEREAS, the City of Virginia Beach has been awarded a grant in the 12 amount of $5,992 for this purpose; and 13 WHEREAS, the grant requires a match of $5,992 which is available 14 within the Department of Emergency Medical SerViCe'B FY 1991-92 Operating Budget. is NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA that a grant in the amount of $5,992 be accepted and 17 appropriated for the pu @ se of providing vaccinations to rescue squad members 18 for hepatitis B and that the required match of $5,992 be transferred from within 19 the PY 1991-92 Operating Budget of the Department of Emergency Medical Services. 20 BE IT FURTHER ORDAINED that estimated revenue from the Commonwealth 21 be increased by $5,992. 22 Adopted on this day October 29 1991. 23 This ordinance shall be effective from the day of its adoption. A@P@OVED AS TO CONTENT 0 AND EVALUATIOt,'@ FIRST READING: October 22, 1991 SECOND READING: October 29, 1991 - 25 - Item 111-J.4. CONSENT AGENDA Item # 35019 Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City Council ADOPTED: Ordinance to APPROPRIATE $3b,450 in Medicaid fees to the Department of Mental Health, Mental Retardation and Substance Abuse FY 1991-1992 Operating Budget re pre-admission screening and annual reviews of nursing home and State geriatric facility residents.* *The City Clerk advised in accordance with the Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, pertaining to appropriations ordinances/resolutions ADOPTED by City Council on September 3, 1991, this item does not require a SECOND READING. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE $30,450 IN MEDICAID FEES 2 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL 3 RETARDATION, AND SUBSTANCE ABUSE FY 1991-92 OPERATING BUDGET 4 FOR PRE-ADMISSION SCREENING AND ANNUAL REVIEWS OF 5 NURSING HOME AND STATE GERIATRIC FACILITY RESIDENTS 6 WHEREAS, the Omnibus Budget Reconciliation Act of 1987 (OBRA) enabled 7 Medicaid reimbursements for pre-admission screening and annual reviews of nursing 8 home and State geriatric facility residents; 9 WHEREAS, this initiative serves as a critical process to prevent 10 inappropriate admissions to long-term care facilities and to ensure that 11 continuing care is still appropriate, conducive to clinical treatment goals, and 12 cost effective; 13 WHEREAS, the Virginia Department of Mental Health, Mental Retardation, and 14 Substance Abuse has recently surveyed Community Service Boards within the State 15 to determine the need for these so-called 'Level II OBRA Assessments" at a 16 reimbursement rate of $525 for each assessment; 17 WHEREAS, the Community Services Board has forecasted the need for 58 18 assessments; 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA that Medicaid Fees in the amount of $30,450 be accepted and 21 appropriated in the Department of Mental Health, Mental Retardation, and 22 Substance Abuse FY 1991-92 Operating Budget for pre-admission screening and 23 annual reviews of nursing home and State geriatric facility residents. 24 BE IT FURTHER ORDAINED that appropriations be offset by a $30,450 increase 25 in estimated revenue. 26 Adopted by the City Council of the City of Virginia Beach, Virginia, this 27 29 day of October 1 1991. 28 This ordinance shall be effective from the date of its adoption. ;KPPROVE@ LEGA@L 00 - 26 - Item III-J.5. CONSENT AGENDA Item # 35020 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's property known as the waters of Lake Wesley to Bruce E. Melchor, Jr. (Schooner Quay, Kerry Lane, Lot 13) re installation of a fixed pier, a floating pier and several piles. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must obtain an approved waterfront permit. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None A14 ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 CITY'S PROPERTY K14OWN AS 5 THE WATERS OF LAKE WESLEY 6 TO BRUCE E. MELCHOR, JR., 7 HIS HEIRS, ASSIGNS AND 8 SUCCESSORS IN TITLE 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That pursuant to the authority and to the extent thereof 12 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 13 Bruce E. Melchor, Jr., his heirs, assigns and successors in title 14 is authorized to construct and maintain a temporary encroachment 15 into the property known as the waters of Lake Wesley. 16 That the temporary encroachment herein authorized is for 17 the purpose of constructing and maintaining a wooden fixed pier, a 18 wooden floating pier, and several wooden piles and that said 19 encroachment shall be constructed and maintained in accordance with 20 the City of Virginia Beach Public Works Department's specifications 21 as to size, alignment and location, and further that such temporary 22 encroachment is more particularly described as follows: 23 An area of encroachment into a 24 portion of the City's property known 25 as the waters of Lake Wesley, on the 26 certain plat entitled: " PLAN AND 27 SECTION VIEWS PRIVATE MOORING - LOT 28 13 SCHOONER QUAY LANGLEY AND 29 McDONALD, " a copy of which is on 30 f ile in the Department of Public 31 Works and to which reference is made 32 for a more particular description. 33 PROVIDED, HOWEVER, that the temporary encroachment herein 34 authorized shall terminate upon notice by the City of Virginia 35 Beach to Bruce E. Melchor, Jr., himself, his heirs, assigns and 36 successors in title and that within thirty (30) days after such 37 notice is given, said encroachment shall be removed from the City's 38 property known as the waters of Lake Wesley and that he, his heirs, 39 assigns and successors in title shall bear all costs and expenses 40 of such removal. 41 AND, PROVIDED FURTHER, that it is expressly understood 42 and agreed that Bruce E. Melchor, Jr., his heirs, assigns and 43 successors in title shall indemnify and hold harmless the City of 44 Virginia Beach, its agents and employees from and against all 45 claims, damages, losses and expenses including reasonable 46 attorney's fees in case it shall be necessary to file or defend an 47 action arising out of the location or existence of such 48 encroachment. 49 AND, PROVIDED FURTHER, that the party of the second part 50 agrees to maintain said encroachment so as not to become unsightly 51 or a hazard. 52 AND, PROVIDED FURTHER, that this ordinance shall not be 53 in effect until such time that Bruce E. Melchor, Jr. executes an 54 agreement with the City of Virginia Beach encompassing the 55 aforementioned provisions. 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the 29 day of October 19 91 58 KL/ta 59 09/ 25/ 91 60 melchor.ord T LEO!,@@ @vf@ 5', lqll) 2 C"g Gwd s@ PROJECT! (Z F f@ I @@ @ i 10 I LOCATION MAP "EXHIBIT A" eE-Iee Y OECrloN FU-=,D Pl@ PILE FLOA'rll% PI--,? EXHIBIT 66A" IV LAKE WESLEY SCHOONER OUAY SUBDIVISION ITY/COUNTY: VIRGINIA BEACH PPLICATION BY: 13RUCE MELCHOR ENGIA CALE: I"=40'- DATE, 2-9-87 SHEET I OF I NOT A SUBDIVISION OF LAND THIS AGREEMENT, made this /? @d.y of 19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipa.1 corporation, party of the first part, and BRUCE E. MELCHOR, JR., HIS 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 Wooden fixed pier, a wooden floating pier, and several wooden piles in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such wooden piers and piles, it is necessary that the said party of the second part encroach into a portion of the City's property known as the waters of Lake Wesley; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such wooden piers and piles within a portion of the City's property known as the waters of Lake Wesley. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's property known as the waters of Lake Wesley for the purpose of constructing and maintaining such wooden piers and piles. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's property known as the waters of Lake wesley as shown on that certain plat entitled: "PLAN AND SECTION VIEWS PRIVATE MOORING - LOT 13 SCHOONER QUAY LANGLEY AND McDONALD," a copy of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as the waters of Lake Wesley by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file 2 or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part shall obtain an approved waterfront permit. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by 3 the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100-00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for tne collection of local or state taxes. IN WITNESS WHEREOF, BRUCE E. MELCHOR, JR., the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By ,@'y Liallager/AUtnorized Designee of the City Manager (SEAL) ATTEST: t-izy clerk BY TO CONTENT 4 TMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the - day of 1 19-1 has acknowledged the same before me in my City and State aforesaid: GIVEN under my hand this day of 19 muzary PuDiic 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 an the _ day of 19 -, has acknowledged the same before me in my City and State aforesaid. 5 GIVEN under my hand this _ day of 19-. MY Commission Expires: otary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary public in and for the City and State aforesaid, do hereby certify that BRUCE E. MELCHOR, JR., whose name is signed to the foregoing writing, bearing date the / 9 @A day of t 19 @ , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19 91 N, My Commission Expires: KL/tga 09/12/91 (encroach\melchor.agr) 6 - 27 - Item III-J.6. CONSENT AGENDA Item # 35021 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $40,133.98 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO. C@A. 8 REV. aW AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF TH;= CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty lnt. Total Richmond, Terezinha R. 1989 Audit 118.15 118.15 T/A Terri's Place 337 Providence Road Chesapeake, VA 23325 superfos Kaichem, Inc. 1990 Audit 5,432.89 5,432.89 T/A Superfos Trading, Inc. 1206 Laskin Road Virginia Beach, VA 23451 Taylor, Michael A. 1990 Audit 164.54 164.54 T/A H & M Mobile Glass Service 1390 Hammond Court Norfolk, VA 23503 Va. Beach Lawn & Garden Equipment T/A Stebbins Lawn Equipment 1988-89 Audit 1,817.29 1,817.29 219 52nd Street Virginia Beach, VA 23451 Certified as to Payment: Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling 7,532.87 were approved by the Council 29 October 91 of the City of Virginia Beach on the day of 19 - tiUTn Hodges Smith City Clerk FORM NO. CA 8 FIEV. 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty lnt. Total Patterson, Mira 1990 Audit 183.15 183.15 T/A oriental spa 5911 windaire Road, S.W. Tacoma, WA 98499 Perlin, Elaine 1989 Audit 414.97 414.97 T/A Perlin Associates 142 W. York street, #618 Norfolk, VA 23510 Perry-Weber, Janine L. 1989 Audit 57.04 57.04 T/A Ocean Health 2217 Sandalwood Road Virginia Beach, VA 23451 Certified as to Payment: Commissioner of thi Approved as to form: L(Tslie L. Lilley This ordinance shall be effective from date of City Attorney adoption. The above abatements totaling .16 were approved by the Council of the City of Virginia Beach on the 29 day of October .1991 Ruth Hodges Smith City Clerk FORM NO. C.k a FiEv. W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty lnt. Total Bennett, Stanley F. 1991 Audit 91.35 91.35 T/A Surf Rider 812 Close Avenue Virginia Beach, VA 23451 Flanagan, Robert W. 1990-91 Audit 215.69 215.69 T/A Pizza Chef 4437 John Jay Lane Virginia Beach, VA 23462 Gary R. Cowand Ent., Inc. 1986-90 Audit 317.89 317.89 105 Lenwil Drive Chesapeake, VA 23325 Certified as to Payment: ommissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatements totaling $ 624. 93 were approved by the Council of the City of Virginia Beach on the @9 day of October .19 Ruth Hodges Smith City Clerk RORM No. C.& g F;EV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty lnt. Total K- L. Capps & Sons, Inc. T/A Paint supply co. 1989-90 Audit 231.65 231.65 1004 Fairway Court Chesapeake, VA 23320 L. M. Sandler & Sons, Inc. 1989 Audit 28',612.18 28,612.18 T/A Sandler Seafoods/Seafoods Galore 1224 Diamond springs Road Virginia Beach, VA 23455 Lawrence Ent., Inc. 1991 Audit 757.16 757.16 T/A Lawn Care Concepts 2227 County street Portsmouth, VA 23704 Certified as to Payment: @-I Ci evenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 29, 600. 99 were approved by the Council of the City of Virginia Beach on the @9 day of October 19 91 uth Hodges Smith City Clerk FMM NO. C.& 8 FIEV, 3ft AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total measurement Concept Corp. 1987-89 Audit 954.07 2697 International Parkway 954.07 Virginia Beach, VA 23452 National car Rental Systems, Inc. 7700 France Avenue, South 1989-90 Audit 536.54 536.54 Minneapolis, MN 55435 Parker, William M. & marierie B. T/A Bay Bicycles 1988-91 Audit 36.16 36.16 1304 Blackwater Road Chesapeake, VA 23322 Certified as to Payment: Commissioner of t[ Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling 6-77 were approved by the Council of the City of Virginia Beach on the 29 day of October 19 91 Ruth Hodges Smith City Clerk FORM NO. C-k 8 REV, 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty lnt. Total Personnel Pool of Tidewater Inc. 4049 Schilling Point 1989-90 Audit 152.63 152.63 Virginia Beach, VA 23455 Pollution Equipment Co., Inc. 4105 Thoroughgood Drive 1989 Audit 31.07 31.07 Virginia Beach, VA 23455 Pope, Mahew 1989 Audit 9.56 9.56 T/A Colonial Shoe Repair 6325 Colby Way Virginia Beach, VA 23464 Certified as to Payment: 4 c Approved as to form: c This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 193-26 were approved by the Council of the City of Virginia Beach on the 29 day of October '19 91 uth Hodges Smith City Clerk - 28 - Item III-K.I. UNFINISHED BUSINESS Item # 35022 ADD-ON Councilman Baum referenced a Task Force apppointed by the Governor studying stricter regulations concerning septic tanks in the rural areas, which will have an tremendous adverse affect on Chesapeake and Virginia Beach. The expenses would be more than double. There appears to be no scientific basis for these studies. Councilman Baum believed this to be an outgrowth of the Non- tidal Wetlands Bill. - 29 - Item II-L.I. NEW BUSINESS Item # 35023 ADD-ON Counci Iman Clyburn referenced four incumbents on the Virginia Beach School Board wi I I be el igible for reappointment: Gregory N. Sti I Iman (At Large), Samuel W. Meekins (Kempsvi I le), Ulysses V. Spiva (At Large), Floyd E. Taylor (Pungo). Counci Iman Clyburn requested written comments be forwarded to the City Clerk from various Interested parties concerning incumbents and possible candidates. BY CONSENSUS, In accordance with Virginia State Code, Sec. 22.1-29.1, City Council: SCHEDULED a PUBLIC HEARING in the Counci I Chamber Monday, December 2, 1991, at 10:00 AM to Interview incumbents and candidates who have filed their resumes in the Talent Bank indicating their interest for an appointment to the Virginia Beach School Board. The City Clerk wi II Include in the PUBLIC NOTICE the f o I I ow I ng verb I age: "City Council welcomes written comments, which may be forwarded to them through the City Clerk's Office (281 City Hall, Muncipal Center, Virginia Beach, Virginia 23456- 9005)". - 30 - Item II-L.2. NEW BUSINESS Item # 35024 Mayor Oberndorf ANNOUNCFJ) the death on Monday, October 28, 1991, of George Raymond Ferrell, longtime civic leader and former Councilman from 1966 to 1980. He served as Vice Mayor from 1974 to 1976. Councilman Ferrell was the Mayor's mentor and NOMINATED her to the Library Board in the 1970s. The Mayor and City Council extended their sincere sympathy to the family of this dedicated and much admired gentleman. - 31 - item I-L.2. RECESS INTO EXECUTIVE SESSION Item # 35025 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Councilman Sea Soms, City Council voted to proceed into EXECUTIVE SESSION, pursuant to Section .1- 344(A), Code of Virginia, as amended, for the following purposes: 1. SONNEL MATMS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Interviews of Candidates for the Position of City Manager The EXECUTIVE SESSION shall be held at an undisclosed location within fifteen (15) days as permitted by Section 2.1-344.1(B) of the Code of Virginia, after which to adjourn and to be certified at the next Session of City Council. Voting: 10-0 Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker, Mayor Meyers E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent John A. Baum - 32 - Item II-M.l. ADJOU Item # 35026 BY CONSENSUS, City Council ADJOURNED the Meeting at 4:35 P.M. Beverly k@s CMC hi.efDepu ty C.1t; Clerk R th Hodges mith, CMCIAAE ity Clerk City of Virginia Beach Virginia (An informational video of approximately 7 minutes on Lake Gaston was shown to the City Council after ADJOURNMENT, prior to being released to the public.)