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APRIL 2, 1991 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL @W"@R M@YE@ E. @@E-W-, Vl- Mly.R E ... . ... -'L I @N.'@NE, N, &,,h -NIY I 11@@R, 1, I-R@l I -7T@, CITY COUNCIL AGENDA APRIL 2, 1991 ITEM 1. CITY MANAGER'S BRIEFING Council Chamber 12:30 PM A. SCHOOL SITE SELECTION COMMITTEE Robert W. Hall, Chairma, ITEM 11. INFORMAL SESSFON Council Chamber 1:00 pm A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSFON ITEM 111. FORMAL SESSION - Council Chamber 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi David Abrams Temple Emanuel Synagogue 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 SESSIONS - March 26, 1991 G. RESOLUTIONS 1. Resolution requesting the Virginia Department of Transportation seek concurrence of the Clty Council re any plan for funding construction of the Southeastern Expressway. 2. Resolutlon providing for the ISSUANCE and SALE of $2,000,000 General Obligation Public Improvement Bonds, Series of 1991B, (Capital Appreciatlon MINIBONDS) of the City of Virglnia Beach, Virginia, heretofore authorized; and, provlding for the form, details and payment thereof. 3. Resolution appointing Paine Webber, Inc., Craigle Incorporated, Wheat First Securities, inc. and Scott Stringfellow Investment Corporation as Underwriters re planned issuance of $19,975,000 Water and Sever Revenue Bonds; and, authorize the City Manager to appoint a selling group of additional underwriters Including but not limited to Legg Mason Wood Walker, Inc., A. G. Edwards & Son, inc., Ferris Baker Watts, Inc. and Davenport & Company. 4. Resolution authorizing the City Manager to negotiate with the Greek Orthodox Church of Virginia Beach and the appropriate state and federal agencles re exchange of certaln parcels on Shorehaven Road for 6.8 acres of land on Little Neck Road (LYNNHAVEN BOROUGH). H. ORDINANCES 1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: a. Section 8-31 re building permit fees for certain structures in Chesapeake Bay Preservation Areas. b. Section 8-31.1 re permits for fences and walls. c. Sectlons 6-3, 6-5, 6-10, 6-30, 6-31, 6-114, and 6-116 re beaches, boats and waterways. 1. CONSENT AGENDA All matters listed under the Consent Agenda are considered In the ordlnary course of business by Clty Council and will be enacted by one motion In the form listed. If an Item Is removed from the Consent Agenda, It will be discussed and voted upon separately. 1. Resolutions referrlng to the PlannTng Commission proposed amendments to the Clty Zoning Ordlnance: a. ADDING Section 106 re fees: applications for zoning variances and appeals. b. Section 210.1 re fees: permits for signs. 2. Ordinances to AMEND and REORDAIN the Code of the City of Vlrginia Beach, Virginia: a. Sections 30-57, 30-59 and 30-61 re erosion, sediment control and tree protection. b. Section 16-12 re certificates of occupancy for certain dwellings and dwelling units to delete the SUNSET provision. c. Section 23-14.1 re publlc meeting, demonstrations, address, et cetera, permit. 1 3. Ordinance, upon SECOND READINGP to APPROPRFATE a $5,000 Grant from the National Crime Prevention Council to the Department of Juvenile Probation re "Teens, Crime and the community Program". 4. Ordlnances re Virginia Housing and Community Development Emergency Home Repair Program: a. FIRST READING, to ACCEPT and APPROPRIATE $1,746. b. Authorize the City Manager to apply for a grant, accept same, enter Into a Grant Agreement; and, provide matching funds. 5. Ordinance to TRANSFER $90,000 from the Economic D,vel,pme,t Investment Program to the Virginia Beach Development Authority re business attraction. J. UNFINISHED BUSINESS K. NEW BUSINESS 1. AUTHORIZATION FOR CITY FRANCHISE AGREEMENT WITH COX CABLE HAMPTON ROADS a. Schedule Public Hearing for April 23, 1991 b. Schedule Council Workshop on the DRAFT Ordtnance 2. NEWSPAPER VENDING MACHINE SITE - NORTH VIRGINIA BEACH Sheldon L. Corner, President North Virginia Beach Civic League (Sponsored by Councilman James W. Brazier, Jr.) 3. QUARTERLY FINANCIAL REPORT July 1, 1990 - February 28, 1991 Giles G. Dodd, Assistant City Manager For Administration L. CITY MANAGER'S PRESENTATION 1. FY 1991-1992 OPERATING BUDGET E. Dean Block Assistant City Manager for Analysis and Evaluation M. ADJOURNMENT 3/28/91 gs M I N U T E S VIRGINIA BEACFI CITY COUNCIL Virgiiiia Beacii, Vlrginla April 2, 1991 Mayor Meyera Oberndorf called to order the CITY MANAGER'S BRIEFING re SCHOOL SITE SELECTION COMMITTEE in the Council Chambers, City Hall Building, on Tuesday, April 2, 1991, at 12:30 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fent,ess, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Louis R. Jones, (ENTERED: 12:55 P.M.) - 2 - C I T Y M A N A G E R ' S B R I E F I N G SCHOOL SITE SELECTION COMt4ITTEE 12:30 A.M. ITEM # 34249 Dr. S. John Davis, Interim Superintendent of Schools, introduced the Chairman of the SCHOOL SITE SELECTION COK4ITTEE, Robert Hall, a Member of the Virginia Beach School Board. Robert Hall, recognized the Members of the SCHOOL SITE SELECTION COMMITTEE: Council Members John A. Baum Robert W. Clyburn Planning Commissioners Barbara J. Ferguson F. Donald Reid School Board Members Robert W. Hall Gerald G. Gibbs Mr. Hall introduced Anthony L. Arnold, P.E., Chief of Planning and Construction for the School Administration, who advised of problems in acquiring school sites in Virginia Beach, the main problem being related to non-tidal wetlands. Strawbridge Elementary School, required receipt of a Nationwide 26 Permit, which occurred prior to the Army Corps of Engineers' change in regulations to prior converted crop fields. This permit was required not only for school construction but construction of the utilities that support the infrastructure The issue of non-tidal wetlands has affected the alignment of Ferrell Parkway and the Southeast Recreation Center. Landstown Middle and Elementary Schools, currently under construction in Princess Anne Park, consists of a 50-acre site. Their situation is similar to Strawbridge Elementary School. A Nationwide 26 Permit was received from the Army Corps of Engineers prior to the change of rules. The Corps allowed construction of the school to comence under the condition that the 2 1/2-acre wooded parcel on the school site remain undisturbed. Mr. Arnold displayed an aerial view of Tallwood High School, which best represents the problems of the three school sites. Construction of the school site has commenced. This site incurred three agency reviews with the Fish and Wildlife, Army Corps of Engineers and their joint agency. The site plan was revised on three different occasions. The 3-acre wooded parcel was required to remain undisturbed, and the City is required to mitigate within the retention ponds to offset the loss of non-tidal wetlands. Mr. Arnold referenced the school site depicted on the map across from Kellam High School. This property has been pursued for approximately 15 to 18 months. The problem of non-tidal wetlands exists on this parcel. This site is comprised of approximately 37 acres with a good portion of it wooded. Only 16 to 17 acres is needed for an Elementary School site. The Army Corps of Engineers requested monitoring wells be installed. Fifteen monitoring wells were installed at the end of January with the preliminary report received about three weeks ago advising the majority of the wells were coming up wet. The areas outlined in Iforange" on the map are the areas considered to be non-tidal wetlands. The areas in "green" are considered to be uplands and are developable. The plat indicates the site cannot be used for any type of school facility. - 3 - C I T Y M A N A C E R ' S B R I E F I N G SCHOOL SITE SELECTION COMMITTEE ITEM # 34249 (Continued) The Ocean Lakes High School site was proffered by R. G. Moore approximately 4 or 5 years ago and consists of 50 acres. Six acres are wooded. Monitoring wells were installed on the wooded parcels in January. There are approximately 4 or 5 acres which are not useable and are non-tidal wetlands. Jim Lawson, Real Estate, advised his office has attempted to assist the SCHOOL SITE SELECTION COMMITTEE in land acquisition relative the West Kempsville Middle School Site. Wetlands and price present the major problems in connection with the selection of this 25-acre site. The sites investigated were initially concentrated in the West Kempsville area; and, finding it extremely difficult to select a site in this particular corridor, the search was expanded and ultimately reached into the Bayside Borough and other sections of the City. The sites investigated were illustrated on the map displayed before City Council. C-1 Located along the area of Centerville Turnpike up around Indian River Road: The owners of the property had not wished to sell, but the value of the property was approximately $200,000 an acre. C-2 Located in the Mount Trashmore II Park area: This area is impacted by wetlands and finding 25 acres without extensive mitigation would be difficult. C-3 Located along the Kempsvilie Road area: This is a 71-acre site, which is currently an active borrow pit and would entail an extensive amount of site and fill work to render the site useful. C-4 This area in West Kempsville is heavily wooded and is under the criteria of wetlands which would render it extremely difficulty to build. C-5 This site is a current active borrow pit and because of site work and expense involved was not considered strongly for a site. C-6 This area is comprised of 195 acres in the intersection of Princess Anne and Providence Road area. This property is heavily wooded, comes under the wetland criteria and has major drainage problems. C-7 This area is comprised of approximately 50 acres, off of Indian River Road in the Stumpy Lake Lane area. This site has potential with infrastructure in place (roads, curb/gutter and utilities). The developers had previously advised a cost of approximately $150,000 per acre; however, the developer is continuing to investigate the price they wiil accept and will advise. C-8 This site is located in the Bayside Borough. A great deal of this property is active farmland and has zoning ranging from residential to multi-family housing to business. The values could range from $80,000 to $225,000 an acre. C-9 This site is located in the Greenwich Road and Virginia Beach Boulevard Corridor. The Committee has spoken with Economic Development, who have attempted to market some of this property. The value ranges are approaching $300,000 an acre in asking price. No tests have been performed relative wetlands criteria; however, the values deter this property being considered seriously as a potential site. C-10 This site is also in the Bayside Borough and in the vicinity of the Burton Station area. This area would involve utility, drainage issues and potential relocation of families. - 4 - C I T Y M A N A G E R ' S B R I E F I N G SCHOOL SITE SELECTION COMMITTEE ITEM # 34249 (Continued) Mr. Hall advised approximately $1-1/2-MILLION remains from the last Referendum; however, due to high costs, this amount does not go far in the utilization of "landbanking". As per request of Mayor Oberndorf, a Verbatim will be prepared of this report of the SCHOOL SITE SELECTION COMMITTEE. Mayor Oberndorf as Chairman of the National League of Cities Energy, Environment and Natural Resources Committee, has requested a hearing before the Water Resources Subcommittee on reauthorization of the Clean Water Act in late May or early June and would like to distribute copies of this Verbatim to make Congress aware of these concerns relative wetlands and their affect upon selection of school sites. The City Manager will provide information relative scheduling of utilities for Strawbridge Elementary School. Mr. Arnold expressed appreciation to Congressman Pickett for his assistance relative the three school sites currently under construction. - 5 - ITEM # 34250 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf In the Counci I Chambers, Cl ty HAII Bul IdIn g, on Tuesday, April 2, 1991 at 1:13 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce 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 - 6 - C ON C E R N S OF T HE MAYOR ITEM # 34251 Mayor Oberndorf referenced Dr. E. E. Brickell's letter of March 20, 1991, advising Dr. Charles P. Fletcher will complete the maximum allowable service on the Board of Commissioners of the Medical College of Hampton Roads. City Council is requested to appoint a Commissioner to replace Dr. Fletcher commencing July 1, 1991. Said letter is hereby made a part of the record. TTEM # 34252 Mayor Oberndorf referenced the exciting HBO broadcast of Whitney Houston in Honor of the Homecoming for the Troops of Desert Storm at Norfolk Naval Air Station. This Program was viewed on Sunday at 9:00 P.M., March 31, 1991. ITEM # 34253 Mayor Oberndorf advised the MAYOR'S HOMECOMING COMMITTEE represents business, Resort, Hotel/Motel, Council of Civic Organization, Chamber of Commerce, Public Schools, PTA'S, Utilities, Clergy, Military (including EX-POW Captain James Mulligan), individual citizens, radio, TV and newspapers. Captain Mulligan is a Member of the HOMECOMING COMMITTEE and has offered to raise funds to provide the type of financing necessary for the proposed activities. The Co-Chairs of said Committee are Tom Barton and Flo McDaniel. The Subcommittees have been appointed and include: Entertainment, Fundraising, Military Liaison, Activities, Parade, Logistics, Publicity, Volunteers and Food. The Steering Committee chose the dates of June First and Second to wait until more troops had returned home and to avoid conflicts with major events i,e., Strawberry Festival, Harborfest, Flag Day, Off Shore Power Boat Races, et cetera. The Committee was aware of the Princess Anne County Tricentennial Celebration and has attempted not to conflict with these activities Unfortunately, the Committee was unaware of the "Clean the Bay Days"; however the Committee will avoid utilizing their military volunteers. The tentative schedule includes a parade on Atlantic Avenue on Saturday, June 1, 1991, from 9:30 A.M. to 12:00 NOON. Tho concert with entertairiment and free food from McDonalds is tentatively scheduled on Saturday June 11 1991, from 4:00 to 8:00 P.M. (location to be decided). There may be a family picnic on Sunday, June Second, or same might be combined with the concert on June First. The Fundraising Committee is doing well and they do not plan to expend tax dollars. If there are funds remaining, same will be donated to the Veterans Memorial for payment of their debt. The Committee is working with City Staff to assure compliance with permits and ordinances. The Committee is working with the Chamber of Commerce. The Chamber is also endeavoring with the four area cities to have a "Mother of All Homecomings" to be held in Virginia Beach. Bruce Hornsby is donating his band. The date and place is still undecided. This will be for all the Veterans of all the battle conflicts. Mayor Oberndorf will request Co-Chairs Barton and McDaniels to provide details relative the HOMECOMING COMMITTEE during the City Council Session of April 9, 1991. ITEM # 34254 Mayor Oberndorf had requested recognition of the three PRISONERS OF WAR just returned from Desert Storm during the City Council Session of April 2, 1991: Lt. Lawrence R. Slade, USN, Lt. Robert Wetzel, USNR and Lt. Jeffrey N. Zaun, USN. Because of a previous commitment already scheduled in New Jersey, Lt. Zaun was unable to attend. Mayor Oberndorf is working with the Navy to arrive at a mutually agreeable date for recognition and public appreciation during a City Council Session. - 7 - C 0 N C E R N S 0 F T H E M A Y 0 R (Continued) ITEM # 34255 Mayor Oberndorf congratulated Councilman John Baum for his selection and recognition as MAN OF THE YEAR IN AGRICULTURE on Thursday, March 28, 1991. The event was held at the Orions, Cavalier Oceanfront. Mayor Oberndorf advised an outstanding member of the Kempsville Community, Mrs. Beulah Humphries, was also recognized as the FRIEND OF AGRICULTURE. Mrs. Humphries received recognition for fifty years of service not only to Virginia Beach, but as a "friend" of agriculture. Councilman Baum advised he had planted over 1/2-MILLION pine trees, more than anyone in Virginia. ITEM # 34256 Mayor Oberndorf expressed appreciation to Councilwoman McClanan for her verbal response relative the correspondence from various churches concerning the homeless. Mayor Oberndorf had distributed a memorandum relative the SUMMARY of EXISTING AND PLANNED SERVICES FOR THE HOMELESS IN VIRGINIA BEACH during the City Council Session of March 26, 1991. Councilwoman McClanan had advised the importance of the issue and the significant financial implications. This issue would require considerable discussion by the City Council relative a recommendation. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 34257 Councilman Heischober advised on Memorial Day, May 27, 1991, the Veterans Memorial commencing at 8:00 A.M. will have its observance. Tentatively, Governor Lawrence Douglas Wilder has accepted; however, this has not been confirmed. Emphasis will focus on Youth of all ages: Boy Scouts, Girl Scouts, Cub Scouts, Brownies, Church Groups, School Groups, etc. The names of Veterans to be honored, will be inscribed on white tags attached to each Flag staff. This event will be added to the Schedule published in the newspapers. ITEM # 34258 Councilman Heischober referenced the Ordinance to AMEND and REORDAIN Sections 23-14.1 of the Code of the City of Virginia Beach, Virginia, pertaining to Public Meeting, Demonstration, Address, etc., Permit. (See Item III-I.2.c. under CONSENT AGENDA). Councilman Heischober suggested changing the dates from May First to September Fifteenth to May First to September Thirtieth, thus being consistent with all summer activities. Councilman Brazier and Councilwoman McClanan requested discussion of this item during the Formal Session and DEFERRAL. Councilman Sessoms wished this item be heard today as the Virginia Beach Rescue Squad have a planned activity at Twenty-fourth Street Park on June First. ITEM # 34259 Councilman Lanteigne advised he was requesting the Ordinance to AMEND and REORDAIN Sections 6-3, 6-5, 610, 6-30, 6-31, 6-114 and 6-116 of the Code of the City of Virginia Beach, Virginia, pertaining to Beaches, Boats and Waterways be DEFERRED until April 23, 1991 (See Item III-H.I.c. of the CONSENT AGENDA). Councilman Lanteigne wished the individuals affected by these Ordinances be allowed time to provide their comments concerning the time of the summer season. Mayor Oberndorf advised a fax had been received from William D. Frierson, III, expressing concern relative the surfing season. Said fax is hereby made a part of this record. Councilwoman McClanan would prefer these dates be contracted rather than expanded. Vice Mayor Fentress advised the public needs to be aware of these potential changes in the Ordinance. ITEM # 34260 Councilman Baum referenced the Ordinance to AMEND and REORDAIN Sections 30-57, 30-59 and 30-61 the Code of the City of Virginia Beach, Virginia re erosion, sediment control and tree protection (See Ttem III-I.2.a of the CONSENT AGENDA. Councilman Baum referenced line 63 "..floodplain area, as defined in the zoning ordinance;41.." Councilman Baum requested the City Staff provide the definition of the floodplain area. The asterick (11) noted in the ordinance is a reference point to a section of the Code and is necessary for that further explanation. - 9 - C I T Y C 0 U N C I L C 0 N C E R A S (Contlnued) ITEM # 34261 BY CONSENSUS, City Council concurred with the following FISCAL YEAR 1990 - 1991 OPERATING BUDGET SCHEDULE: Tuesday, April 9, 1991 City Council Workshop 10:00 A.M. Tuesday, April 16, 1991 Jolnt City and School 10:00 A.M. - 12:00 P.M Board Workshop. 1:00 P.M. - 3:00 P.M. Tuesday, April 23, 1991 City Council Workshop 2:00 P.M. - 4:00 P.M. Wednesday, April 24, 1991 PUBLIC HEARING 7:00 P.M. Green Run High School Auditorlum Tuesday, April 30, 1991 Final City Council Workshop 10:00 A.M. - 12:00 P.M. Tuesday, May 7, 1991 PUBLIC HEARING 2:00 P.M. FIRST READING APPROPRIATION ORDINANCE Tuesday, May 14, 1991 SECOND READING 2:00 P.M. APPROPRIATION ORDINANCE - 10 - IT EMS OF T HE C IT Y MANA GE R ITEM # 34262 The City Manager advised he had placed in the Conference Room for each Member of Council, a Memorandum and video describing the activities taking place on May 14 through 19, 1991, concerning the International Grand Prix Off-Shore Power Boat Racing to be held in Virginia Beach. F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 2, 1991 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Counci I Chambers, Cl ty HAII Bu IIdin g, on Tuesday, April 2, 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 Wlillam D. Sessoms, Jr. Council Members Absent: None INVOCATION: Rabbi David Abrams Temple Emanuel Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - Item Ill-E.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 34263 CERTIFICATION was not necessary as no EXECUTIVE SESSION was held. - 13 - Item 111-F-1. MINUTES ITEM # 34264 Upon motlon by Vice Mayor Fentress, seconded by Counci lwoman Parker, City Counci I APPROYED the Minutes of the INFOR14AL AND FORMAL SESSIONS of March 26, 1991. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazler, 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 Wliliam D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None - 14 - Item III-C.1 RESOLUTIONS ITEM # 34265 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION and emphasized this not be a toll road. Marilyn Kyle, 3716 North Landstown Road, Phone: 426-2803, spoke in SUPPORT of the Resolution and requested decisions of this nature be SCHEDULED for an evening City Council Session. Councilwoman McClanan distributed a revised Resolution which included deleting and adding word changes: * "WHEREAS, the City Council is aware that in other areas of this part of the State, many projects sueii as including Route 664 and Route 58, have been funded in such as way as to not require the use of tolls; and..." Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED, AS REVISED*: Resolution requesting the Virginia Department of Transportation seek concurrence of the City Council re any plan for funding construction of the Southeastern Expressway. 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 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO SEEK 3 CONCURRENCE OF THE CITY COUNCIL OF THE CITY OF 4 VIRGINIA BEACH ON ANY PLAN FOR FUNDING THE 5 CONSTRUCTION OF THE SOUTHEASTERN EXPRESSWAY 6 WHEREAS, the Council of the City of Virginia Beach has 7 by resolution endorsed the concept of the Southeastern Expressway 8 and requested that its planning, funding, and ultimate construction 9 proceed with all deliberate speed; and, 10 WHEREAS, the City Council has endorsed the basic design 11 concept and by resolution expressed its support of using the BE-10 12 corridor; and, 13 WHEREAS, the City Council is concerned with a continued 14 dependence upon tolls as a means of financing highway construction 15 in the City of Virginia Beach; and, 16 WHEREAS, the City Council is aware that in other areas 17 of this part of the State, many projects, including Route 664 and 18 Route 58, have been funded in such a way as to not require the use 19 of tolls; and 20 WHEREAS, the Virginia Department of Transportation is 21 evaluating options for funding the construction of the Southeastern 22 Expressway. 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 That the City Council of the City of Virginia Beach 26 requests the Virginia Department of Transportation to seek the 27 concurrence of the Council of the City of Virginia Beach on any 28 proposed funding mechanism for the Southeastern Expressway prior 29 to committing to construction of the project. 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 That the Virginia Department of Transportation is hereby 33 requested to give the maximum possible consideration to the 34 provision of landscaping and buffering, to the end that the 35 appearance of the Southeastern Expressway be that of a scenic 36 parkway, and further, that the Department of Transportation give 37 consideration to providing necessary or appropriate means of 38 attenuating noise generated by traffic on the Expressway. 39 Adopted by the City Council of the City of Virginia Beach 40 on the Second day of april 1991. 41 CA-4179 42 \ordin\noncode\southe2.res 43 R-4 2 1 5 Item 111-G.2 RESOLUTIONS ITEM # 34266 Upon motion by Counci lwoman Parker, seconded by Counci Iman Lanteigne, City Council ADOPTED: Resolution providing for the ISSUANCE and SALE of $2,000,000 General Obligation Public Improvement Bonds, Series of 1991B, (Capital Appreciation MINIBONDS) of the City of Virginia Beach, Virginia, heretofore authorized; and, providing for the form, details and payment thereof. Giles G. Dodd, Assistant City Manager for Admlnlstration, advised the $2- MILLION plus interest, upon maturity, will be part of the normal debt service which will be budgeted ahead of time. Votlng: 11-0 Council Members Votlng Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lantelgne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None At a regular meeting of the Council of the City of Virginia Beach, Virginia (the "Council"), held on the 2nd day of April, 1991, at which the following members were present and absent: 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 William D. Sessoms, Jr. ABSENT: the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE John A. Baum Aye James W. Brazier, Jr. Aye Robert W. Clyburn Aye Vice Mayor Robert E. Fentress Aye Harold Heischober Aye Louis R. Jones Aye Paul J. Lanteigne Aye Reba S. McClanan Aye Mayor Meyera E. Oberndorf Aye Nancy K. Parker Aye William D. Sessoms, Jr. Aye RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1991B (CAPITAL APPRECIATION MINIBONDS), OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF. WHEREAS, the issuance of $8,000,000 bonds of the City of Virginia Beach, Virginia (the "City"), was authorized by an ordinance adopted by the Council on December 19, 1988, to finance a program of road, highway and bridge improvements, none of which bonds have been issued and sold; and WHEREAS, the Council desires to sell $2,000,000 of such bonds as capit4l appreciation minibonds to provide a convenient opportunity for citizens to participate in the sale of bonds of the City; and WHEREAS, there has been presented to this meeting an offering circular dated April 2, 1991 (the "Off ering Circular") related to the issuance of the capital appreciation minibonds; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance and Sale of Bonds. There ar e provided to be issued and sold $2,000,000 of the $8,000,000 bonds heretofore authorized to finance road, highway and bridge improvements. 2. Bond Details. The bonds shall be designated "General Obligation Public Improvement Bonds, Series of 1991B (Capital Appreciation Minibonds)" (the "Bonds") shall be dated May 29, 1991, shall be in fully registered form in denominations of $500 and multiples thereof, and shall be numbered R-1 upward. The Bonds shall mature three, four and five years from their date, as may be determined by the purchasers thereof and ratified by the Council hereafter, and shall bear interest at rates to be determined by the Council hereafter, compounded semiannually and payable at maturity. Principal and interest shall be payable in lawful money of the United States of America to the registered owners upon surrender of Bonds at their maturity or redemption at the City's Department of Finance, Municipal Center, Virginia Beach, Virginia, which is appointed Registrar (the "Registrar"). The Director of Finance, or his designee or designees, shall act on behalf of the Registrar. 3. Redemption Provisions. The Bonds shall not be subject to redemption prior to maturity, except as follows. At the registered owner's request, the City shall redeem Bonds on the first anniversary of the date of delivery of the Bonds and each anniversary date thereafter (each such anniversary date hereinafter referred to as a redemption date), at their accreted value, as hereinafter described, to the redemption date. At least 30 but not less than 7 calendar days immediately prior to each redemption date, registered owners must deliver to the Registrar an irrevocable written notice (with the signatures of such registered owners notarized by a notary public) stating the aggregate principal amount and bond numbers of all Bonds to be redeemed and deliver such Bonds to the Registrar on or prior to the redemption date. The city will honor such requests on a first come, first served basis, not to exceed an aggregate of $100,000 of principal amount plus compounded and accrued interest per maturity at each such redempti6n date. Registered owners will be charged an administrative fee of $10.00 per Bond redeemed on each redemption date. If, pursuant to this paragraph, a -2- registered owner fails to deliver the Bonds to the City on or prior to the redemption date, the Bonds will cease to accr,, interest on such-date and the registered Owner will be entitled only the amount due on the applicable redemption date. In the event of the death of all registered owners of any Bond, such Bond shall be redeemed by the City, upon evidence thereof reasonably acceptable to the Registrar, within 10 days of presentation to the Registrar at its accreted value on the date of redemption. For purposes of this section, accreted value of redeemed Bonds shall be determined based on the semiannual compounding of the original principal amount at the stated interest rate of the Bonds to the redemption date based on a 30-day month and a 360- day year. 4. Execution and Authentication. The Bonds shall be signed by the facsimile signature of the Mayor, shall be countersigned by the facsimile signature of the Clerk, and a facsimile of the City's seal shall be printed thereon. No Bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar. S. Bond Form. The Bonds shall be in substantially the following form: THIS BOND 18 NONTRANSFERABLE AND NONASSIGNABLM. REGISTERED REGISTERED No. R-- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General obligation Public improvement Bond, S8rieS Of 1991B INTEREST RATE MATURITY DATE DATED DATE % May 29, 199- May 29, 1991 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS -3- The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof at its Department of Finance, Municipal Center, virginia Beach, Virginia (the "Registrar"), to the registered owner hereof, the principal sum stated above on the maturity date stated above, and to pay interest hereon at the rate stated above, compounded semiannually and payable at maturity. Principal and interest are payable in lawful money of the United States of America. THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF, AND SUCH CONTINUED PROVISIOSS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this b,,d ha,, happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. This bond shall not be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon. IN WITNESS WHEREOF, the City of Virginia Beach, virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by the facsimile signature of its Clerk, a facsimile of its seal to be printed hereon and this bond to be dated May 29, 1991. COUNTERSIGNED: (SEAL) Clerk, inia Mayoi ginia Beach, virginia Beach, Virginia CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within- mentioned resolution. CITY OF VIRGINIA BEACH, VIRGINIA DEPARTMENT OF FINANCE Registrar By Authorized S gnature -4- (Reverse of Bond) ADDITIONAL BOND PROVISIONS This bond is one of an issue of $2,000,000 General obligation Public Improvement Bonds, Series of 1991A (Capital Appreciation Minibonds), of like date and tenor, except as to number and denomination, authorized by an ordinance adopted by the Council on December 19, 1988, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act, to finance road, highway and bridge improvements. The bonds are not subject to redemption prior to maturity, except as follows. At the registered owner's request, the City shall redeem Bonds on the first anniversary of the date of delivery of the Bonds and each anniversary date thereafter (each such anniversary date hereinafter referred to as a redemption date), at their accreted value, as hereinafter described, to each redemption date. At least 30 but not less than 7 calendar days immediately prior to the redemption date, registered owners must deliver to the Registrar an irrevocable written notice (with the signatures of such registered owners notarized by a notary public) stating the aggregate principal amount and bond numbers of all Bonds to be repurchased and deliver such Bonds to the Registrar on or prior to the redemption date. The City will honor such requests on a first come, first served basis, not to exceed an aggregate of $100,000 of principal amount plus compounded and accrued interest per maturity at each such redemption date. Registered owners will be charged an administrative fee of $10.00 per Bond redeemed on each redemption date. If, pursuant to this paragraph, a registered owner fails to deliver the Bonds to the City on or prior to the redemption date, the Bonds will cease to accrue interest on such date and the registered owner will be entitled only the amount due on the applicable redemption date. In the event of the death of all registered owners of this bond, this bond will be redeemed by the City, upon evidence thereof reasonably acceptable to the Registrar, within 10 days of presentation to the Registrar at its accreted value on the date of redemption. For purposes of the preceding two paragraphs, accreted value of redeemed bonds shall be determined based on semi-annual compounding of the original principal amount at the stated interest rate of the bonds to the redemption date based on a 30-day month and 360-day year. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on this bond. -5- The bonds are issuable as fully registered bonds in denominations of $500 and multiples thereof. The bonds are not transferable oi assignable. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. If this bond is registered in the name of more than one registered owner, it shall be deemed to be registered in such owners' names as joint tenants with right of survivorship. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the Council shall levy and collect an annual ad valorem tax, without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay the principal of and interest on the Bonds, as the same become due and payable. 7. Registration and Owners of Bonds. The Registrar shall maintain registration books for the registration of Bonds. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. All Bonds registered in the name of more than one registered owner shall be deemed to be registered in such owners' names as joint tenants with right of survivorship. 8. Interest Rate. The interest rate or rates on the Bonds shall be determined by the Council hereafter. 9. Offering Circular. The Council authorizes the distribution of the Offering Circular dated April 2, 1991, describing the Bonds to prospective purchasers of the Bonds, copies of which have been provided to the members of the Council. 10. Official Statement. The City Manager, in collaboration with the City's financial advisors, is authorized and directed to have prepared and distributed, in accordance with standard practices for the offering of municipal securities, an official Statement by which the Bonds will be sold. ii. Delivery of official Statement. The City shall arrange for the delivery to each purchaser of Bonds an Official Statement describing the Bonds. 12. Bond Sale. The Bonds shall be sold at public sale by the Registrar, upon such terms and conditions as the Director of Finance shall reasonably determine that are not inconsistent with this resolution. -6- 13. Preparation and Delivery of Bonds. After the interest rate or rates bas been determined, the Mayor, the City Manager, the Clerk and the Registrar are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchasers thereof upon payment therefor. 14. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the "Codell), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing statutes. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds. The City shall pay from its general funds any such required rebate. 15. SNAP Investment Authorization. The Council has previously received and reviewed the Information Statement dated May 1, 1990 (the "Information Statement"), describing the State Non-Arbitrage Program of the Commonwealth of Virginia (I-SNAP-1) and the Contract Creating the State Non-Arbitrage Program Pool I dated January 16, 1989, amended September 1, 1989 (the "Contract"), and the Council authorizes the Treasurer to utilize SNAP in connection with the investment of the proceeds of the Bonds. The Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 16. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds, and to make any elections such officers deem desirable regarding any provision requiring rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate shall be in such form as may be requested by bond counsel for the City. 17. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or -7- more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in'.Section 141(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. la. other Actions. All other actions of officers of the City in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds are approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Filing of Resolution and Publication. The Clerk, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach and within 10 days thereafter to cause to be published once in a newspaper having general circulation in the City a notice setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds. 20. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 21. Effective Date. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held on the 2nd day of April, 1991, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this 2nd day of April, 1991. Clerk, City of Virginia Beach, Virginia (SEAL) - 16 - Item 111-G.3 RESOLUTIONS ITEM # 34267 Upon motion by Vice Mayor Fentress, seconded by Councilman Helschober, City Council ADOPTED: Resolution appointing Paine Webber, Inc., Cralgle Incorporated, Wheat First Securities, Inc. and Scott Stringfellow Investment Corporation as Underwriters re planned issuance of $19,975,000 Water and Sewer Revenue Bonds; and, authorize the City Manager to appoint a selling group of additional underwriters including but not limited to Legg Mason Wood Walker, Inc., A. G. Edwards & Son, Inc., Ferris Baker Watts, Inc. and Davenport & Company. Votlng: 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. Councii Members Voting Nay: None Council Members Absent: None RESOLUTION FOR APPROVAL OF UNDERWRITERS FOR WATER AND SEWER REVENUE BONDS WHEREAS, City Council has approved various improvements to the City's water and sewer system and has authorized the financing of these improvements with the issuance of water and sewer revenue bonds, and WHEREAS, the City is undertaking the development of a master bond resolution to serve as the City's guide in issuance of water and sewer revenue bonds, and WHEREAS, the first issuance of water and sewer revenue bonds under this master resolution is planned for the summer of 1991 to consist of 1988 and 1989 water and sewer revenue bond authorizations, and WHEREAS, after advertising for and reviewing applications of investment banking firms and interviewing certain firms, the City staff, upon consultation with representatives of Government Finance Associates, Inc. and Government Finance Research Center, the "Financial Advisors" of the City, have recommended a managing underwriting team for the first such issuance of water and sewer revenue bonds. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Paine Webber, Inc., Craigie Incorporated, Wheat, First Securities, Inc., and Scott and Stringf ellow Investment Corp. are hereby appointed as the Underwriters for the planned issuance of $19,975,000 Water and Sewer Revenue Bonds. Paine Webber, Inc. is appointed the book-running senior manager and Craigie Incorporated, Wheat, First Securities, Inc. and Scott and Stringfellow Investment Corp. are appointed as co-managers. 2 . The City Manager and staf f of the Department of Finance are hereby authorized to appoint a selling group of additional underwriters including but not limited to Legg Mason Wood Walker, Inc., A. G. Edwards & Son, Inc., Ferris Baker Watts, Inc., and Davenport & Company of Va. 3. This resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia on the qprond - day of April , 1991. 1 7 Item 111-G.4 RESOLUTIONS ITEM # 34268 Captain L. K. Fenlon, 2224 Scallop Road, represented the Great Neck Association of Civic Leagues, advised the competitor for this exchange was the Great Neck Associatlon of Little Leagues. The Association of Civic Leagues was against the location of the Little League in their "back yards". Mr. Fenton will meet with Mr. Gallacher, representatives of the Department of Parks and Recreation concerning a location. Mr. Scott Gailacher represented the Great Neck Little League Association as Site Committee Chairman. The Little League is comprised of 49 teams. The property outlined in yellow deplcts the property involved in the exchange. This site abuts 8 properties. Mr. Gallacher depicting a plat displaying the four existing fields at the Great Neck Recreation Center. The Little League wishes to utilize these existing fields. Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution authorizing the City Manager to negotiate with the Greek Orthodox Church of Virginia Beach and the appropriate state and federal agencies re exchange of certain parcels on Shorehaven Road for 6.8 acres of land on Little Neck Road (LYNNHAVEN BOROUGH). Councilman Brazler advlsed the Shorehaven Property was purchased with Federal proceeds and one of the stlpulations belng It be utilized for recreation purposes. As the Church does not fit this particular requirement, permisslon must be obtalned from the Federal Government. Mr. Gallacher had conferred with C & P Telephone Company who were considering allowing the Little League to utilize the parcel of property which abuts the northern most portion for two fields, allowing tor some arrangement, if possible, to be made w*ith the Greek Church concerning the southernmost portion. Councilman Brazier advised the Shorehaven Property was last appraised in 1988 and requested this appraisal be updated prior to a final resolution. The Little League wishes to utilize existing fields at the Great Neck Recreation Center. Voting: 11-0 Council Members Votlng 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 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE GREEK ORTHODOX CHURCH OF VIRGINIA BEACH AND THE APPROPROIATE STATE AND FEDERAL AGENCIES FOR AN EXCHANGE OF LAND. WHEREAS, the city acquired through a combination of federal and state funds, property off Shorehaven Road for recreational uses; and WHEREAS, a ten acre out parcel acquired has not been identified for use by the City's Department of Parks and Recreation; and WHEREAS, approximately 40% of this property is unsuitable for development because of topography and drainage easements; and WHEREAS, the Greek Orthodox Church is desirous of building a worship facility in the Great Neck area; and WIHEREAS, the surplus parcel on Shorehaven Road would be adequate for the Greek orthodox Church purposes; and WHEREAS, the Greek Orthodox Church wishes to exchange a parcel of property off Little Neck Road for the Shorehaven Road parcel; and WHEREAS, this would require not only City Council approval but approval by state and federal agencies because of the funding source for the original purchase of the Shorehaven Road parcel. NOW THEREFORE BE IT RESOLVED that the City Manager is authorized to negotiate with the Greek Orthodox Church and the appropriate state and federal agencies for an exchange in land between the city and the Greek orthodox Church namely the Shorehaven Road parcel for the parcel owned on Little Neck Road by the Greek Orthodox Church; and WHEREAS, if the state and federal agencies approve this exchange then the City Manager is directed to bring this matter back to City Council for its final approval. Resolved by the Council of the City of Virginia Beach on the Second day of April 199 OVED AS TO C A' -;O LECAL r-orM COMPARISON OF CITY OWNED AND GREEK ORTHODOX CHURCH OWNED PARCELS Shorehaven Road Little Neck Road Acreage 10.154 ac. 6.827 ac. Zoning Pi R20, R30, R40 Frontage 7801 on Shorehaven Dr. 501 right-of-way from Little Neck Rd. Improvements None None Utilities Available All City All City Present Use Vacant Land Vacant Land Appraisal Date 7/21/88 11/12/90 Appraised Value $305,000 $410,000 other City drainage easement Property is ir- running through middle regular in shape of property as well as 10 to 20% of the a portion of the rear of property may be un- the property lines. developable because Approximately 40% of the of flood plain re- property is undevelop- strictions. able due to topographical problems. - 18 - Item 111-H.l.a.. ORDINANCES ITEM # 34269 Upon motion by Counciiman Heischober, seconded by Councilman Jones, Clty Council ADOPTED: Ordinances to AMEND and REORDAIN Section 8-31 of the Code of the City of Virginia Beach, Virginia re building permit fees for certain structures In Chesapeake Bay Preservation Areas. Councilman Baum requested a report be furnished within three months monitoring this program. 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. Lantelgne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Ar,plzo\'ED AS TO LEC7AL jg( 1 AN ORDINANCE TO AMEND AND REORDAIM SECTION 8- 2 31 OF THE CODE OF THE CITY OF VIRGINIA BEACH, 3 PERTAINING TO FEES FOR BUILDING PERMITS FOR 4 CERTAIN STRUCTURES IN CHESAPEAKE BAY 5 PRESERVATION AREAS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section s-31 of the Code of the City of Virginia 9 Beach, pertaining to fees for building permits, be, and hereby 10 is, amended and reordained, and shall read as follows: 11 Section 8-31. Permit fees - Building permits. 12 (a) It shall be unlawful for any person to construct, 13 enlarge, alter, repair or demolish any building or structure as 14 defined in the Virginia Uniform Statewide Building code, without 15 first obtaining a building permit therefor and paying the permit 16 fees set forth in this section. 17 (b) The minimum fee for any building permit shall be fifteen 18 dollars ($15.00). 19 (c) For the construction of any building or addition thereto 20 where the floor area is increased and for the installation or 21 erection of any industrialized building unit, the fee shall be 22 based on the floor area to be constructed, as computed from 23 exterior building dimensions at each floor, as follows: 24 Type of size in Base Additional 25 Building Permit Square Feet Fee Rate Per 26 100 Sq. Ft 27 (1) Residential 100- 2,000 - 6.00 28 2,000- 5,000 $120 5.00 29 5,000-100,000 270 4.00 30 ioo,ooo+ 4,070 3.00 31 (2) Business/ 100- 2,000 - 7.00 32 mercantile 2,000- 10,000 140 6.00 33 10,000- 25,000 620 5.00 34 25,000+ 1,370 4.00 35 (3) Institutions 100- 1,000 - 7.00 36 1,000- 5,000 70 6.00 37 5,000- 20,000 310 5.00 38 20,000+ 1,060 4.00 39 (4) Assembly, churches 100- 1,000 7.00 40 and government 1,000- 5,000 70 6.00 41 buildings 5,000- 15,000 310 5.00 42 15,000+ 810 4.00 43 (5) Storage 100- 2,000 - 4.00 44 2,000- 15,000 80 3.00 45 15,000+ 470 2.00 46 (6) Industrial ioo- 2,000 - 5.00 47 2,ooo- 5,000 100 4.00 48 5,000+ 220 3.00 49 (7) Hazardous storage 100- 5,000 - 4.00 50 or occupancy 5,000- 10,000 200 3.00 51 io,ooo+ 350 2.00 52 (8) Residential 0- 1,000 - 4.00 53 accessory 1,000+ 40 2.00 54 buildings 55 (9) Farm buildings 0- 2,000 - 3.00 56 2,000+ 60 2.00 57 Farm buildings and structures shall be subject to the 58 requirements of this section; provided, however, that farm 59 buildings and structures not used for residential purposes shall 60 not be subject to the technical requirements of the Virginia 61 Uniform Statewide Building Code. 62 (10) Alterations, repairs, private piers, bulkheads, pools, 63 elevators, commercial interior finish, miscellaneous structures_ 64 and structures l.ocated in a Chesapeake Bay Preservation Area for 65 which-a nermit fee is not otherwise prescribed by this section 66 including, but not limited to. idatios an 67 a. For a valuation of less than one hundred 68 dollars ($100.00), no fee shall be required, 69 unless an inspection is necessary, in which 70 case there shall be a fifteen dollar ($15.00) 71 fee. 72 b. The ininimum fee shall be fifteen dollars 73 ($15.00). 74 C. For a valuation up to five thousand dollars 75 ($5,000.00), the fee shall be ten dollars 76 ($10.00) per thousand or fraction thereof. 77 d. For a valuation up to and including twenty 78 thousand dollars ($20,000.00), the fee shall 79 be fifty dollars ($50.00) for the first five 2 80 thousand dollars ($5,00o.00) plus five dollars 81 ($5.00) for each additional one thousand 82 dollars ($1,000-00) or fraction thereof. 83 e. For a valuation up to and including one hundred 84 thousand dollars ($loo,ooo.00), the fee shall 85 be one hundred twenty-five dollars ($125.00) 86 for the first twenty thousand dollars 87 ($20,000-00) plus four dollars ($4.00) for each 88 additional thousand or fraction thereof. 89 f. For a valuation over one hundred thousand 90 dollars ($100,000.00) the fee shall be four 91 hundred forty-five dollars ($445-00) for the 92 first one hundred thousand dollars 93 ($loo,ooo.oo) plus three dollars ($3.00) for 94 each additional thousand or fraction thereof, 95 without liinit- 96 (11) Moving of buildings or structures: 97 For the moving of any building or structure 98 into, out of, through or within the city, the 99 fee shall be calculated in accordance with 100 section 8-31(c)(1). 101 (12) Demolitions: 102 For the demolition of any building or 103 structure, the fee shall be twenty-five dollars 104 ($25.00). 105 (13) Signs: 106 a. Fees for the erection, painting, placing, 107 replacing, repairing, hanging or rehanging of 108 signs shall be based on the total surface area 109 of all sign faces, and shall be as follows: 110 (1) Single face signs: ill 4-32 square feet .......... $ 40.00 112 33-75 square feet .......... $ 60.00 113 76-150 square feet ......... $100.00 3 114 (2) Double face signs: 115 4-32 square feet .......... $ 80.00 116 33-75 square feet .......... $100.00 117 76-150 square feet ......... $120.00 118 b. The fee for a permit for the repair of a 119 billboard shall be in accordance with section 12 0 8-31(c) (10) . 121 C. Fees for the erection, painting, placing, replacing, 122 repairing, hanging or rehanging of temporary signs shall 1 2 3 be in an amount equal to one-half (1/2) of the fee 124 chargeable for permanent signs of like size. 125 (14) Penalty: If any construction, alteration, repair, or other 126 work requiring a permit under this article is commenced before said 127 permit is secured and fee paid for same, a penalty of fifty dollars 128 ($50.00) shall be added to the fee due. Payment of such penalty 129 shall not in any way relieve the violator of any criminal 130 prosecution. 131 (15) Tents: Tents and other temporary structures permit fee shall 132 be fifteen dollars ($15.00). 1 3 3 (16) Reinspection fee: There shall be a minimum of twenty-five 134 dollars ($25.00) additional fee charged for each reinspection. 13 5 (17) Appeal: The fee for submitting an appeal to the board of 1 3 6 building code appeals shall be twenty-five dollars ($25.00). Such 137 fee shall be paid by the appellant. 138 (18) Reconnect or change of use: There shall be a minimum fee of 139 twenty dollars ($20.00) for each inspection. 140 (19) Application for septic tank soil evaluation: 141 The fee shall be fifty dollars ($50.00) paid at the time of 142 application. If the application is approved, the septic tank 143 permit shall be issued with no additional fee. 144 Adopted by the City Council of the City of Virginia 145 Beach, Virginia, on the 2nd day of April 1991. 146 CA-91-4071 147 \ordin\08-031.pro 148 R-2 4 - 19 - Item 111-H.l.a.. ORDINANCES ITEM # 34270 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED, AS AMENDED*: ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virglnia, by adding Section 8-31.1 re building permit fees for fences and walls. *The fee for permits required by this section shal I be a "flat feel' twenty-five dollars ($25.00). Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne Council Members Absent: None 1 AN ORDINANCE TO AMEND AND RE- 2 ORDAIN THE CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA BY 4 ADDING SECTION 8-31.1, PERTAIN- 5 ING TO PERMITS FOR FENCES AND 6 WALLS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That the Code of the City of Virginia Beach is hereby 10 amended and reordained by adding a new section, Section 8-31.1, to 11 read as follows: 12 Setin 8-31.1. Feces ad walls. 13 (a) eri re 14 recons-t-ruc v fence or wall 15 locz c rig 16 fenc ltural ral 17 purt 18 shall re uire a se arate el 19 under common wnershi . 20 (b) red by this be 21 twnt -five dollars 25.00 - 22 Adopted by the City Council of the City of Virginia 23 Beach, Virginia, on the 2nd day of 1991. 24 CA-3861 25 \ordin\proposed\08-031-l.pro 26 R-3 - 20 - Item III-H.l.c. ORDINANCES ITEM # 34271 Paul West, 1333 Gannet Run, Phone: 459-3400, representing the Eastern Surfing Association, registered in OPPOSITION but was not in attendance. Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City Council DEFERRED until the City Council Session of April 23, 1991: Ordinances to AMEND and REORDAIN Sections 6-3, 6-5, 6-10, 6-30, 6-31, 6-114, and 6-116 of the Code of the City of Virginia Beach, Virginia re beaches, boats and waterways. 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 CONSENT AGENDA ITEM # 34272 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, CitY Council APPROVED In ONE 14oTION Items la.b., 2a.b, 3, 4a.b. and 5 of the CONSENT AGENDA. Item 1.2c. was pulled tor a separate vote. 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 22 - Item I CONSENT AGENDA ITEM # 34273 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, C,tY Council ADOPTED: Resolution referring to the Planning Commission proposed amendments to the City Zoning Ordinance: ADDING Section 106 re fees: applications for zoning variances and appeals. 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. McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 A RESOLUTION REFERRING TO THE 2 PLANNING COMMISSION A PROPOSED 3 AMENDMENT TO SECTION 106 OF THE CITY 4 ZONING ORDINANCE, PERTAINING TO 5 APPLICATIONS FOR ZONING VARIANCES 6 AND APPEALS 7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That there is hereby referred to the Planning 10 commission, for its consideration and recommendation, a proposed 11 amendment to section 106 of the City Zoning ordinance, pertaining 12 to applications for zoning variances and appeals. A true copy of 13 such proposed amendment is hereto attached. 14 Adopted by the City Council of the City of Virginia 15 Beach, Virginia, on the 2nd day of April 1991. 16 CA-91-4153 17 \noncode\czoIO6.res 18 R-1 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 106 OF THE CITY ZONING 3 ORDINANCE, PERTAINING TO ZONING 4 APPEALS AND VARIANCES 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 That Section 106 of the City Zoning Ordinance, 8 pertaining to zoning appeals and variances, be, and hereby is, 9 amended and reordained, and shall read as follows: 10 Section 106. Appeals and variances. 11 (a) The board of zoning appeals shall hear and decide 12 appeals from any order, requirement, decision, or determination 13 made by an administrative officer in the administration or 14 enforcement of this ordinance. In addition thereto, the board 15 shall have such other powers and duties as are set forth in 16 section 15.1-495 of the Code of Virginia; provided, however, that 17 the board shall have no authority to hear and decide applications 18 for conditional use permits. 19 (b) The membership, organization and procedures of the 20 board of zoning appeals shall be as set forth in sections 15.1- 21 494 through 15.1-497 of the Code of Virginia, as amended. In the 22 event the board denies an application for a variance, 23 substantially the same application shall not be considered by the 24 board for a period of one (1) year from the date of denial. 25 (c) Every application to the board of zoning appeals 26 shall be accompanied by a fee of one hundred five dollars 27 ($105.00), which shall be applied to the costs of advertising and 28 expenses incidental to the processing of the application. Each 29 zo which a variance is req be the subiect 30 -1 3 1that va s 32 aect and wall. -e 33 ect of a sin le a licatin and fee wh.,e the f.11-W-11 34 conditions are met, 35 (1) Th. it. . n whih th. vrince j. r. ested are 36 c L 37 as s own on the recorded Jat of the subdivision in 38 w 39 (2) 1- 40 v 41 a fii. hnmpc)wners' 42 43 44 45 ir the meynbers thereof tO 46 construct and mz e. 47 (3) 48 associatio- and 49 (4) ap tifies to 50 51 she is ehalf 52 of the homeowners, association in the ma ter and 53 that s i nner 54 prescri.bed by i irnent the 55 filing of the applic ti@on, 56 (d) In regard to Article 12 and the National Flood 57 Insurance Program, variances should only be issued for new 58 construction and substantial improvements to be erected on a lot 59 of one-half (1/2) acre or less in size contiguous to and 60 surrounded by lots with existing structures constructed below the 61 base flood level, in conformance with the procedures below: 62 (1) Variances shall only be issued upon a showing of 63 good and sufficient cause, a determination that failure to grant 64 the variance would result in exceptional hardship to the 65 applicant, and a determination that the granting of a variance 2 66 will not result in increased flood heiqhts, additional threats to 67 public safety, extraordinary public expense, create nuisances, 68 cause fraud on or victimization of the public, or conflict with 69 existing local laws or ordinances. 70 (2) Variances shall only be issued upon a determination 71 that the variance is the minimum necessary, considering the flood 72 hazard, to afford relief. 73 (3) The city of Virginia Beach shall notify the 74 applicant in writing over the signature of a city official that 75 the issuance of a variance to construct a structure below the base 76 flood level will result in increased premium rates for flood 77 insurance up to amounts as high as twenty-five dollars ($25.00) 78 per one hundred dollars ($100.00) of insurance coverage, and such 79 construction below the base flood level increases risks to life 80 and property. Such notification shall be maintained with a record 81 of all variances actions as required in paragraph (4) below. 82 (4) The City of Virginia Beach shall maintain a record 83 of all variance actions, including justification for their 84 issuance, and report such variances issued in its annual report 85 submitted to the administrator. 86 Adopted by the City Council of the City of Virginia 87 Beach on the day of 1991. 88 CA-91-4081 89 \ordin\proposed\45-106.ord 90 R-1 3 - 23 - item 111-1.1-b. CONSENT AGENDA ITEM # 34274 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Resolutions referring to the Plannlng Commisslon proposed amendments to the City Zoning Ordinance: Section 210.1 re fees: permits for signs. Votlng: 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. McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None 1 A RESOLUTION REFERRING TO THE 2 PLANNING COMMISSION A PROPOSED NEW 3 SECTION 210.1 OF THE CITY ZONING 4 ORDINANCE, PERTAINING TO PERMITS FOR 5 SIGNS 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That there is hereby referred to the Planning 9 Commission, for its consideration and reconimendation, a proposed 10 amendment to the city zonincj Ordinance, consisting of a new 11 Section 210.1, pertaining to permits for signs. A true copy of 12 such proposed amendment is hereto attached. 13 Adopted by the city Council of the City of Virginia 14 Beach, virginia, on the 2nd day of 1991- 15 CA-91-4129 16 \noncode\sign.res 17 R-1 6=OVED AS,10 Co@E:-4TS DEf' AM@OVED AS TO LEGAL Cl'rY ATTORNEY 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 ZONING ORDINANCE BY THE ADDITION OF A NEW 3 SECTION 210.1, PERTAINING TO SIGN PERMITS 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5 VIRGINIA BEACH, VIRGINIA: 6 That the City Zoning Ordinance of the City Of virginia 7 Beach be, and hereby is, amended and reordained by the addition of 8 a new section, to be designated as Section 210.1, which shall read 9 as follows: 10 ec. 210.1. Si rnits- 11 No sign, other than a si n athriled b section 211 shall 12 be erected, constructed, ret)laced, repaired, repainted or otherwise 13 di ss a permit authorizing the same has been 14 the zoning Fees for such permits shall be as set 15 forth in Se ode. A22lications for sign 16 permits shall be made to the zoning administrator, who may r ire 17 su grams and other information as may be neces to 18 determine whether a proposed sign ovisions of 19 this ordinance, the virginia Uniform State 20 any other applicable ordinance or.. ation. 21 The zoning administrator shall approve or den an a liation 22 within thirty ( ts submitta 23 if the application or acc Lnsufficient to 24 allow a determination of compliance, he shall so 25 applicant and shall, in such c )Dlication 26 within thirty (30) days of the date of submittal of 27 information. 28 Adopted by the City Council of the City of Virginia Beach, 29 Virginia, on the day of 1991. 30 CA-91-4058 31 \ordin\proposed\45-210-l.pro._ 32 R-2 - 24 - Item III-I.2a. CONSENT AGENDA ITEM # 34275 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinances to AMEND and REORDAIN Sections 30-57, 30-59 and 30-61 of the Code of the City of Virginia Beach, Virginia re erosion, sediment control and tree protection. Councilman Baum advised the floodplain definition provided by the City Manager is acceptable. The asterisk at the end of line 63 signifies a reference in the City Code to another section of the Code applicable to this 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 APP NTENTS (AEPARTMENT APPROVED AS TO LEGAL Y jWD FORM 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 30-57, 30-59 AND 30-61 OF 3 THE CODE OF THE CITY OF VIRGINIA 4 BEACH, PERTAINING TO EROSION AND 5 SEDIMENT CONTROL AND TREE PROTECTION 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Sections 30-57, 30-59 and 30-61 of the Code of the 9 city of virginia Beach, pertaining to erosion and sediment control 10 and tree protection, be, and hereby are, amended and reordained, 11 and shall read as folloWS: 12 section 30-57. Definitions. 13 As used in this article, the following words and terms shall 14 have the meanings ascribed to them in this section, unless the 15 context requires a different meaning: 16 . . . 17 Land- activity means any land change is which may result in soil erosion from water or wind and the 19 movement of sediments into state waters or onto lands in the city, 20 including, but not limited to, clearing, grading, excavating, 21 transporting, and filling of land, except that the term shall not 22 include: 23 (1) Minor land- disturbing activities such as 24 home gardens and indiv-'Idual home landscap-'@ng, repairs 25 and maintenance work; 26 (2) Individual service connections; 27 (3) Installation, maintenance or repair of any underground 28 public utility lines when such activity occurs on an 29 existing hard surfaced road, street or sidewalk, 30 provided the land- disturbing activity is 31 confined to the area of the road, street or sidewalk 32 which iS hard surfaced; 33 (4) Septic tank lines or drainage fields, Inless included in 34 an overall plan for land-disturbing activity relating to 35 the construction of the building to be served by the 36 septic tank system; 37 (5) surface or deep mining; 38 (6) Exploration or drilling for oil and gas, including the 39 well site, roads, feeder lines and off-site disposal 40 areas; 41 (7) Tilling, planting or harvesting of agricultural, 42 hortiCUltural or forest crops or livestock feedlot 43 operations; including engineering operations as follows: 44 construction of terraces, terrace outlets, check dams, 45 desilting basins, dikes, ponds, ditches, strip cropping, 46 lister furrowing, contour cultivating, contour 47 furrowing, land drainage and land irrigation; 48 (8) Repair or rebuilding of the tracks, right-of-way, 49 bridges, communication facilities and other related 50 structures and facilities of a railroad company; 51 (9) Agricultural engineering operations including but not 52 limited to the construction of terraces, terrace 53 outlets, check dams, desilting basins, dikes, ponds not 54 required to comply with the Dam safety Act, 55 ditches, strip cropping, 56 lister furrowing, contour cultivating, contour 57 furrowing, land drainage and land irrigation; 58 (lo) Preparation for single-family residences separately 59 built, unless in conjunction with multiple construction 60 in a subdivision development; 61 (11) Disturbed land areas of less than 10,000 square feet in 62 size, except when this activity takes place in any 63 floodplain area, as defined in the zoning ordinance;+ 64 (12) Installation of fence and sign posts or telephone and 65 electric poles and other kinds of posts or poles; 2 101 which may be required of him by the approved plan as a result of 102 his land-disturbing activity. If the city takes such conservation 103 action upon such failure by the permittee, the city May collect 104 from the permittee for the difference should the amount of the 105 reasonable COST Of such action exceed the amount of the security 106 held. within sixty (60) days of the achievement of adequate 107 stabilization of the land-disturbing activity, such bond, cash 108 escrow, letter of credit or other legal arrangement, or the 109 unexpended or unobligated portion thereof, shall be refunded to 110 the applicant or terminated. These requirements are in addition ill to all other provisions of law relating to the issuance of such 112 permits and are not intended to otherwise affect the requirements 113 for such permits. 114 Section 30-61. Program administration, plan review and inspection 115 fee. 116 At the time an erosion and sediment control plan is submitted 117 a fee not exceeding $1,000 shall be paid. The 118 irector of develo ment ervic-s may determine the amount 119 of fee based upon the anticipated costs associated with the 12 0 issuance of grading or land-disturbing permit, plan review, and 121 anticipated periodic inspection for compliance with the erosion 1 2 2 and sediment control plan. Such fee shall be submitted to the 1 2 3 retor of de,,el. ment services and 124 made payable to the treasurer of the city of Virginia Beach. 12 5 Adopted by the City Council of the City of Virginia 126 Beach on the nd day of April 1991. 127 CA-90-3991 128 \ordin\proposed\30-057et.pro 129 R-1 4 - 25 - Item 111-1.2b. CONSENT AGENDA ITEM # 34276 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, CitY Council ADOPTED: Ordinance to AMEND and REORDAIN Section 16-12 of the Code of the City of Virginia Beach, Virginia re certif lcates of occupancy for certain dwellings and dwelling units to delete the SUNSET provislon. The City Clerk referenced a letter from the Tidewater Board ot Realtors In support of the Ordinance. Said letter Is hereby made a part of the record. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce 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 AS TO, CONTENTS AFMOVEDAST,O,,@',@,@@t 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 16-12 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, PERTAINING 4 TO CERTIFICATES OF OCCUPANCY FOR 5 CERTAIN DWELLINGS AND DWELLING UNITS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 16-12 of the Code of the City of Virginia 9 Beach, pertaining to certificates of occupancy for certain 10 dwellings and dwelling units, be, and hereby is, amended and 11 reordained, and shall read as follows: 12 Section 16-12. certificates of Occupancy; Inspections of Certain 13 Dwellings and Dwelling units. 14 (a)(1) No owner of any dwelling or dwelling unit located in 15 an area designated by the city manager as a Special Emphasis Area 16 pursuant to subsection (b) hereof shall permit any person to 17 occupy such property as a tenant or otherwise for valuable 18 consideration, except pursuant to the sale or exchange thereof, 19 unless a Certificate of Occupancy authorizing the occupancy of the 20 property has been issued by the director of housing and 21 neighborhood preservation. once issued, a certificate of 22 Occupancy shall not thereafter be required for a period of one 23 year or until the property is to be occupied exclusively by 24 persons other than those in occupancy on the date such Certificate 25 was issued, whichever period is the greater. In the case of 26 dwellings and dwellinq units for which a certificate of occupancy 27 has been issued by the zoning administrator pursuant to Section 28 103 of the City Zoning ordinance, the provisions of Section 16- 29 12.1 (c) shall apply. 30 (2) No Certificate of occupancy shall be required for any 31 property occupied as of the date the area in which it is located 32 is designated as a Special Emphasis Area until such property 3 3 becomes occupied exclusively by persons other than those in 34 occupancy on such date. 35 (3) No electric power company shall commp-nce electrical 36 service to a property subject to this section or continue service 37 to any such property upon a change of occupancy thereof unless a 38 valid Certificate of Occupancy or Temporary Certificate of 39 Occupancy has been issued for such property. The director shall 40 promptly notify the electrical power company of the issuance of a 41 Certificate of Occupancy or Temporary Certificate of occupancy. 42 (b) The city manager shall designate as Special Emphasis 43 Areas those areas within the City to which the provisions of this 44 section shall apply. Such areas shall be designaIted upon the 45 basis of the following criteria: 46 (1) Number and percentage of dwellings and dwelling 47 units occupied exclusively by persons other than the owner 48 thereof; 49 (2) Physical condition of dwellings and dwelling units, 50 as determined by exterior housing condition surveys and code 51 enforcement statistics; and 52 (3) Eligibility for federal and state housing 53 assistance programs. 54 In designating Special Emphasis Areas, the city manager shall 55 give due regard to each of the criteria set forth hereinabove as 56 indicators of areas most likely to be benefitted from the 57 provisions of this ordinance. He shall set forth, in writing, his 58 findings and reasons for designating a Special Emphasis Area. 59 (c) The designation of an area as a Special Emphasis Area by 60 the city manager shall be reviewed by him on an annual basis. 61 When it appears that the application of the aforesaid criteria no 62 longer warrants the designation of a certain area of the City as 63 a Special Emphasis Area, he shall rescind his designation of such 64 area as a Special Emphasis Area. 65 (d) It shall be the responsibility of the owner of property 66 subject to the requirements of this section to notify the director 67 of any pending change of occupancy of such property and to request 2 68 an inspection thereof. Such inspection shall be performed within 69 two working days of the receipt of the request for inspection. 70 There shall be no fee for an initial inspection, but a fee of 71 twenty-five dollars ($25.00) shall be charged in the event repairs 72 or corrections are required and have not been completed by the 73 time of reinspection of the property. The owner of such Property 74 shall also be responsible for requesting a reinspection if 75 required. No Certificate of occupancy shall be issued unless all 76 required fees have been paid. 77 (e) The director shall issue a Certificate of Occupancy if 78 the property complies with all applicable laws, ordinances, 79 regulations and standards set forth in, or adopted or incorporated so by, the Code of the city of Virginia Beach. In the event the 81 property is not in compliance with any one or more of such laws, 82 ordinances, regulations and standards, no Certificate of Occupancy 83 shall be issued. A Certificate of occupancy may be issued 84 immediately upon the conclusion of the initial inspection of the 85 property, so long as all requirements for the issuance thereof 86 have been met. 87 (f) (1) Notwithstanding the provisions of subsection (e) , the 88 director shall, in the circumstances set forth in subdivision (2) 89 hereof, issue a Temporary Certificate of Occupancy. A Temporary 90 Certificate of occupancy shall authorize the occupancy of the 91 property for such period of time as is reasonably necessary to 92 remedy or correct all defects or violations by reason of which the 93 Certificate of occupancy was refused, but not in excess of sixty 94 (60) days. Every such certificate shall set forth the period of 95 time for which temporary occupancy is authorized. It shall be a 96 condition of the issuance of every Temporary Certificate of 97 Occupancy that the property shall be brought into complete 98 compliance with all applicable laws, ordinances, regulations and 99 standards within the period of time specified therein, and the 100 willful failure to bring the property into such compliance shall 101 be a violation of this section. The director may extend a 102 Temporary Certificate of Occupancy for an additional period of not 3 103 more than sixty (60) days if the owner has diligently and in good 104 faith attempted to bring the property into compliance. 105 (2) A Temporary Certificate of Occupancy shall be issued in 106 the event: 107 (i) Property for which a Certificate of Occupancy was 106 refused may reasonably be brought into compliance within sixty 109 (60) days from the date of issuance of the Temporary Certificate 110 of Occupancy; and ill (ii) All necessary repairs or corrections may be 112 performed safely and without undue inconvenience to the occupants 113 of the property; and 114 (iii) The condition of the property does not 115 constitute a hazard to the health or safety of the occupants 116 thereof. 117 (3) A Temporary Certificate of Occupancy may be issued 118 immediately upon the conclusion of the initial inspection of the 119 property, so long as all requirements for the issuance thereof 120 have been met. 121 (g) Any person aggrieved of any determination or decision of 122 the director made pursuant to this section shall have the right to 1 2 3 appeal such determination or decision within twenty (20) days to 124 the Board of Building Code Appeals. Notice of such appeal shall 125 be in writing, shall specify the grounds of appeal, and shall be 126 mailed or delivered to the director. All proceedings before the 127 Board shall be in accordance with the provisions of the Virginia 128 Uniform Statewide Building Code. 129 (h) Nothing in this section shall be construed to limit, 130 impair, alter or extend the rights and remedies of persons in the 131 relationship of landlord and tenant as such rights and remedies 132 exist under applicable law. 13 3 (i) Retrofitting of property subject to the provisions of 1 3 4 this section shall be required only if necessary to remedy a 13 5 serious and dangerous hazard to life or health. In all other 13 6 cases, dwellings and dwelling units shall be subject to the 137 requirements of law in effect at the time of their construction. 4 13 8 (j) Nothing in this section shall be construed to relieve or 139 exempt any person from otherwise complying with all applicable 14 0 laws, ordinances, standards and regulations pertainIing to the 141 condition of buildings and other structures. 142 (k) As used in this section: 14 3 (1) The term "property" shall be limited to dwellings and 14 4 dwelling units, and grounds thereof, within Special Emphasis Areas 14 5 so designated by the city manager pursuant to subsection (b) 146 hereof; 147 (2) The term "owner" shall mean, notwithstanding the 148 definition thereof set forth in Section 16-2 of this code, any 149 one or more persons, jointly or severally, in whom is vested all 150 or part of the legal title to property, or all or part of the 151 beneficial ownership and a right to present use and enjoyment of 152 property, including a mortgagee. Such term shall not be construed 153 to include any person acting solely as an agent or as a mortgagee 154 or trustee not in possession or control of the property. 155 (3) The term "director" shall mean the director of housing 156 and neighborhood preservation and such employees of the department 157 of housing and neighborhood preservation as the director inay 158 designate to administer and enforce this section. 159 (4) The term "person" shall mean any individual, group of 160 individuals, corporation, partnership, business trust, association 161 or other legal entity, or any combination thereof. 162 (1) The provisions of this Ordinance are intended to be 163 severable, and if any such provision be deemed or adjudged to be 164 invalid or unenforceable, the remaining portions of this ordinance 165 shall remain in full force and effect and th6ir validity 166 unimpaired. 1 67 (iR) T-his 168 99i 169 (m) A violation of this section shall be punishable as 170 provided in Section 16-11 of this chapter. 5 171 Adopted by the Council of the CitY of Virginia Beach, 172 Virginia, on the nd day of , 1991. 173 CA-91-4159 174 \ordin\proposed\16-102.pro 175 R-1 I 1 6 - 26 - Item III-I.2c. CONSENT AGENDA ITEM # 34277 Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City Council DEFERRED until the City Council Session of April 23, 1991: Ordinance to AMEND and REORDAIN Section 23-14.1 of the Code of the City of Virginia Beach, Virginia re public meeting, demonstrations, address, et cetera, permit. As the interpretation of this Ordinance has been troublesome, the City Attorney would appreciate the opportunity to completely rework the Ordinance. Council Members Brazier and McClanan expressed concerns relative this Ordinance. Vice Mayor Fentress requested the dates be extended from May First to September Thirtieth rather than September Fifteenth. This would afford a consistency with the other seasonal Ordinances. 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 - 27 - Item III-I.2d. CONSENT AGENDA ITEM # 34278 ADD-ON Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City Council AUTHORIZED: VIRGINIA BEACH RESCUE SQUAD the use of 24th Street Park on June 1, 1991 commencing at Noon for their annual activity. 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 - 28 - Item 111-1.3. CONSENT AGENDA ITEM # 34279 Upon motion by Vice Mayor Fentress, seconded by Counci lman Heischober, City Council ADOPTED, upon SECOND READINGZ ordinance to APPROPRIATE a $5,000 Grant trc)m the National Crime Prevention Council to the Department of Juvenl le Probation re *Teens, Crime and the Community Program". 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 Wllliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO APPROPRIATE A $5,000 GRANT FROM 2 THE NATIONAL CRIME PREVENTION COUNCIL TO 3 THE DEPARTMENT OF JUVENILE PROBATION 4 5 6 WHEREAS, 'he Department of Juvenile Probat.on has received a grant in the 7 amount of $5,000 from the National Crime Prevention Council for development of a 8 'Teens, Crime and the Community" program, to be expended prior to July 1, 1991, 9 10 WHEREAS, this grant requires no local match of funds. 11 12 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA, that a grant in the amount of $5,000 from the National Crime Prevention 14 Council be accepted and appropriated to the Department of Juvenile Probation for 15 the "Teens, Crime and the Community Program," and that Revenue from the Federal 16 government for FY 90-91 be increased by $5,000. 17 18 This ordinance shall be effective from the date of its adoption. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 2hd 21 day of Aprill991. 22 23 First Reading March 26, 1991 24 Second Reading April 2, 1991 25 26 27 APPROVED AS TO CONTEN Budget and Evaluation 28 Walter C. Kraemer@r. Department 29 30 70 - 29 - Item 111-1-4.a. CONSENT AGENDA ITEM # 34280 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City Council APPROVED, upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE $1,746 from the Virginia Housing and Community Development Emergency Home Repair Program. 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. McC]anan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None ORDINANCE TO ACCEPT AND APPROPRIATE $1,746 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE EMERGENCY HOME REPAIR GRANT PROGRAM 1 WHEREAS, the City currently operates and Emergency Home Repair 2 Grant Program funded by the virginia Departinent of Housing and 3 Conmunity Development, and, 4 WHEREAS, the City has been notified that an additional $1,746 5 will be made available under the existing contract for this 6 prograin, 7 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH that a grant of $1,746 from the virginia Department 9 of Housing and Community Development be accepted and appropriated. 10 BE IT FURTHER ORDAINED that the City of Virginia Beach will 11 comply with all requirements of the grant agreement and regulations 12 of the Virginia Department of Housing and Community Development 13 regarding such funds. 14 15 Adopted by the Council of the City of Virginia Beach this 16 day of 1991 17 18 19 Approved as to content: 20 tor 21 eighborhood servation 22 23 24 Approved as to legal form: 25 26 First Reading: April 2, 1991 Second Reading: - 30 - Item 111-1-4.b. CONSENT AGENDA ITEM # 34281 Upon motion by Vice Mayor Fentress, seconded by Councilman Helschober, City Council ADOPTED: ordinance authorizing the City Manager to apply tor Emergency Home Repair Grant Funds, accept same, enter into a Grant Agreement and provide matching f unds. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce 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 ORDINANCE '1'0 AUTHORIZE THE CITY MANAGER TO APPLY FOR EMERGENCY HOME REPAIR GRANT FUNDS AND TO PROVIDE MATCHINO FUNDS 1 WHEREAS, tbe Comonwealtb of Virginia, Department of flousing 2 and Coinmunity Development has issued a Notice of Funding 3 Availability and Request for Proposals under the EMERGENCY HOME 4 REPAIR PROGRAM, and 5 WHEREAS, assistance is needed to effectively and adequately 6 address the emergency hoine repair needs of low-income persons to 7 be served by the Department of [lousing and Neighborhood 8 Preservation in our service area of the City of Virginia Beach, and 9 WHEREAS, an application for a grant under this program has 10 been prepared, and 11 WHEREAS, tbe Department of liousing and Neighborhood 12 Preservation agrees to provide emergency home repair services to 13 those in need in conformance with the regulations and guidelines 14 of this State Program, and 15 WHEREAS, Aubrey V. Watts, Jr., City.Manager 16 Name and Title of Person who can act on benait or 17 18 City of Virginia Beach 19 (Name of o@ganization or Government Unit) 20 will sign all necessary documents required to complete the 21 grant transaction. 22 WHEREAS, a local dollar for dollar n,.atch is required under the 23 program and will be provided. 24 NOW, THEREFORE, be it ordained by the Council of the City of 25 Virginia Beach that the City agrees to match the State appropriated 26 funds and further authorizes Aubrey V. Watts, Jr., City Manager, 27 to apply for and accept the grant and enter into a Grant Agreement 28 with the Departrnent of Housing and Community Development and 29 undertake any and all actions and responsibilities in relation to 30 such Agreement, 31 32 Approved as to contents: 33 mai 34 Hoi vation 35 36 37 Approved as to legal form: 38 39 - 31 - Item 111-1-5. CONSENT AGENDA ITEM # 34282 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City Council ADOPTED: Ordinance to TRANSFER $90,000 from the Economlc Development Investment Program to the Virginia Beach Development Authorlty re business attraction. Votlng: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO TRANSFER $90,000 FROM 2 THE ECONOMIC DEVELOPMENT INVESTMENT 3 PROGRAM TO THE DEVELOPMENT AUTHORITY 4 FOR BUSINESS ATTRACTION 5 WHEREAS, the staff of the Department of Economic Development 6 has successfully located Airborne Express, a national and international air 7 express carrier, to Virginia Beach; 8 WHEREAS, the Council of the City of Virginia Beach has identified 9 economic development goals of attracting national companies that provide 10 good employment opportunities and add to the City's tax base; 11 WHEREAS, the $90,000 may be transferred f@rom the Econorriie 12 Investment Program (Project 2-141) which was approved in the FY 1990- 13 91/1994-95 Capital Improvement Pi-ogram to provide infi-astructure 14 improvements on sites and along i-oadwavs to enhance the economic 15 viability of property; 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 17 VIRGINIA BEACH, VIRGINIA that funds in the amount of@ $90,000 be 18 transferred from the Economic Development Investment Prog-ram to the 19 Virf,,inia Beach Development Authoritv. 20 This ordinance shall be effective from the date of its adoption. 21 Adopted by the Council of the City of Virginia Beach, Virginia on 22 the Second day of April, 1991. Ci,rYOFViRGINtABF-ACH MEMORANDUM DATE: January 7, 1991 I TO: E. Dean Block Assistant City Manager for Analysis and Evaluation FROM: W. Andrew Burke @ Economic Development RE: City Council Agenda Request for the Virginia Beach Development Authority Airborne Express Project A Project Data Sheet on the above referenced company is attached for your review. Airborne Express currently leases 3,000 square feet in the Norfolk International Airport Freight Terminal. For ten months, Airborne considered two sites for the development of a new 22,500 square foot, 50 truck, regional fleet distribution center which would serve their customers throughout Hampton Roads. This new facility would employ 80 full time employees with an annual payroll of $2 million. Construction of the 22,500 square foot center would result in an $800,000 investment in land and building and $1.2 million in personal property. Continental Properties Corporation (CPC) has successfully competed for this project in our City and has recently received a fully executed ten year lease agreement (with three additional five year options) allowing their Company to move forward. We would note that both of the sites Airborne Express originally considered were located on Miller Store Road, one in the City of Norfolk and one in Virginia Beach. The Norfolk site is owned by the Runnymede Corporation. Runnymede has owned the parcel for over twenty years and has an extremely low financial basis in the land. The Virginia Beach site is owned by CPC and is located in the AIP Expansion Area. CPC purchased the site from the Development Authority at $95,000 per acre. CPC had a much higher basis in the land. In order to successfully compete with the Norfolk site, CPC requested our Department's assistance to offset the land advantage differential associated with the Norfolk site. Building costs are comparable between the two sites. CPC provided our Department with a copy of their cost breakdown income and expense proforma as well as a preliminary 2.54 acre site plan for the Airborne Express project. Mr. E. Dean Block January 7, 1990 Page Two Department Staff believed that to successfully locate the project in our City CPC needed to have a land basis of $60,000 per acre to offer a competitive lease rate per square foot. CPC also agreed to hold the lease rate constant over the entire initial 10 year period. Per our understanding with the City Manager, we informed CPC that our DepartiRent would favorably recommend to the City Manager's Office the approval of $90,000 in Economic Development Investment Program Fund monies to locate Airborne Express in our City. We also informed CPC that these Economic Development Funds must be utilized for on-site infrastructure improvements and any cost economies obtained through the bidding process for the development and construction of the Airborne Express facility and contingencies would reduce the amount of the Economic Development Funds. It should be noted, that the City's potential $90,000 in Economic Development Fund investment would be paid back in new real estate and personal property taxes alone in less than two years. Airborne Express is a national and international air express carrier and this new regional fleet distribution center in Virginia Beach will serve all of Hampton Roads. Airborne Express will be a fine addition to the AIP Expansion Area and the economic benefits, job creation, and name recognition will be substantial for our City. Given CPC's successful competition for this project, we now need to transfer $90,ooo in Economic Development Investment Program Funds f rom the City to CPC. It is our recommendation that the conveyance to CPC occur through the facilities of the Virginia Beach Development Authority in the form of a $90,000 buy down of the land costs to CPC. This conveyance for a land buy down and infrastructure improvements would be similar to the recent facilitation and relocation of Science Applications International Corporation t6 Virginia Beach. It would be greatly appreciated if you would assist our Department in the preparation of the City Council Agenda Request and ordinance to transfer $90,000 to the Development Authority for the Airborne Express project. If you have any questions or comments on this request, please let me know. WAB:mfs Attachment - 32 - Item III-J.1. UNFINISHED BUSINESS ITEM # 34283 ADD-ON As the Mayor is undergoing major surgery on April 9, 1991, she requested DEFERMENT of the Lake Ridge Conditional Zoning Request be RESCHEDULED to April 23, 1991. Attorney William Bishoff represented the applicant and requested DEFERMENT not be RESCHEDULED. A MOTION was made by Councilwoman Parker, seconded by Mayor Oberndorf to RESCHEDULE DEFERMENT of the Ordinances upon application of LAKE RIDGE ASSOCIATES for Conditional Zoning Classifications. Voting: 3-7 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Abstaining: Louis R. Jones Council Members Absent: None *Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, ownership of land with a value in excess of $10,000, on the southeast corner of Princess Anne Road and Landstown Road, south of the GREEN LINE. Although the City Attorney had advised he is not required to disclose this interest, as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, Councilman Jones wished to disclose this interest and ABSTAIN on the Ordinances of Lake Ridge Associates. Councilman Jones' letter of December 18, 1990, is hereby made a part of the record. - 33 - Item Ill-K-1- NEW BUSINESS ITEM # 34284 Upon motion by Vice Mayor Fentress, seconded by Counci iman Clyburn, City Council: SCHEDULED a Workshop for the DRAFT Ordinance to be held April 9, 1991, and, AUTHORIZED ADVERTISING A PUBLIC HEARING AT 6:00 PM on APRIL 23, 1991, for consideration of a FRANCHISE AGREEMENT with COX CABLE HAMPTON ROADS Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls 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 - 34 - Item III-K.2. NEW BUSINESS ITEM # 34285 The following spoke requesting the Tidewater Distributing Company remove their vending machines from three sites in the public right-of-way: Sheldon Corner, President - North Virginia Beach Civic League Naomi L. Kigerl, 501-55th Street, Phone: 428-4998, represented the North Virginia Beach Civic League Mayor Oberndorf advised Molly Holt, resident of the North End, 'phoned to express her OPPOSITION to these newspaper vending machines. Statement of Sheldon Corner is hereby made a part of the record. Mr. Corner representing the North Virginia Beach Civic League requested the Virginian- Pilot/Ledger-Star and the Tidewater Distributing Company remove their newspaper vending machines from 4th Street, 56th Street and 74th Street which are on the median along Atlantic Avenue and in the public right-of-way. Mr. Corner sited the following reasons for their removal: 1. They are on public property without permission or license to be there; 2. Many residents of the area object to their presence; 3. Their presence constitutes commerical activity in an area zoned Residential, hence it violates the Zoning Ordinance. The City poured concrete pads and the vending machines were placed on the pads and screening shrubs were planted around these pads. The City Attorney advised public streets are a traditional public forum for free speech under the First Amendment and those First Amendment rights of expression supersede any zoning considerations. Free speech activities may be regulated by way of reasonable time, place and manner restrictions. The right to install vending machines in the public right-of-way is protected by the First Amendment to the Constitution. The assessment of the City Attorney's Office is the City would probably not be able to sustain an outright ban on those vending machines. Meetings had been facilitated between the City Attorney's office, Tidewater Distributors, the Virginian-Pilot/Ledger Star, representatives of the Washington Post, USA Today, as well as other newspapers and the North Virginia Beach Civic League. This meeting was facilitated to develop a compromise. The City Attorney is willing to facilitate additional meetings regarding reasonable regulations (time, place and manner), including aesthetics. The possibility of fees will also be investigated. NO ACTION was appropriate at this time. - 35 - Item III-K.3. NEW BUSINESS ITEM # 34286 Mr. Giles G. Dodd, Assistant City Manager for Administration, referenced the City of Virginia Beach QUARTERLY FINANCIAL REPORT (July 1, 1990 - February 28, 1991). Said report is hereby made a part of the record. Revenues are below estimates by approximately $11,900,000. General Sales Taxes, Business Licenses, Auto Licenses, City Tax on Deeds, Cigarette Taxes, Hotel Rooms and Permits are below the Revenue collections for last year at this period. Utility Taxes, Amusement Taxes, Restaurant Meal Taxes, Revenues from the Commonwealth and General Property Taxes are above the Revenue collections for last year. However, the two major sources of Revenue have not been received: Business Licenses and Personal Property Taxes. Expenditures are $6,700,000 below estimates. The average return on invested money in the City from July 1, 1989 through February 28, 1990 has rates ranging from a high of 8.8% down to 8.2%. The rate of return from July 1, 1990 through February 28, 1991, ranges from a high of 8.1% down to 6.5%. - 36 - Item III-L.l. CITY MANAGER'S PRESENTATION ITEM # 34287 FY 1991-1992 OPERATING BUDGET The City Manager advised the FY 1991-92 OPERATING BUDGET is RESTRAINED, RESPONSIVE AND RESPONSIBLE. The State's support for funding of Education progams is declining in absolute dollars and at the same time there are 1800 more students (the equivalent of two elementary schools). There shall be no pay increases, either general merit/step for City or School Employees. This will be depicted in the $2-MILLION recommended cut in the School Budget. City Departments are over $6-MILLION less than last year in current programs. A 5.8cts property tax is included in the Budget, exclusively for Schools. There are over 140 fewer positions. The Budget recommends a 37 1/2-hour work week. This will enable City Hall to be open more for citizens. The City Manager is recommending the expansion of the Latch-key progams to all elementary schools. The expansion is self-supporting through participant fees. The Bayside Comunity Center will be opened in keeping with the Referendum of 1987. A program to improve the maintenance of the City's golf courses with special emphasis on greens rehabilitation is recommended, which will be supported by the users of these facilities. Support of the new regional criminal justice computer network (CRIMES) and staffing of the centralized booking facility is recommended. The budget process has been utilized to emphasize continued improvements in mission and customer focus and service, a focus on the longer term and continued improvements in the productivity and the optimum use of local funds. This has led to a wide variety of functional realignments, use of technology and shifts in service emphasis. Several impact the public safety and justice systems. The City Manager is recommending deletion of 15 vacant fire fighter positions in the fire department with a commitment to man the Little Neck and General Booth stations through existing manpower redeployments. To facilitate this adjustment, the opening of the Diamond Springs Station will be delayed several months. Mr. E. Dean Block Assistant City Manager for Analysis and Evaluation, presented the FY 1991-1992 OPERATING BUDGET through the utilization of charts. FY 1991-92 OPERATING BUDGET OVERVIEW Revenue Slimmary % General Proeprty Taxes $ 234,859,950 36.4 Other Local Taxes 106,308,914 16.5 Other Local Sources 85,263,643 13.2 Comrnonwealth 201,491,246 31.2 Federal Government 17,259,491 2.7 TOTAL REVENLJE $ 645,183,244 100.0% Appropriation Summary School Operations 292,008,280 45.3 City Operations 228,324,276 35.4 CIP 16,320,731 2.5 Debt Service 59,034,341 9.2 Self Supporting Water & Sewer Operations 35,607,409 5.5 Water & Sewer Debt Svc. 13,888,207 2.1 TOTAL $ 645,183,244 100.0% - 37 - Item III-L.I. CITY MANAGER'S PRESENTATION ITEM # 34287 (Continued) FY 1991-1992 OPERATING BUDGET FY 90-91 FY 91-92 % ORIGINAL BUDGET PROPOSED BUDGET CHANGE (IN MILLIONS) SCHOOLS Operations $ 284.32 292.00 2.7 CIP/Debt 25.95 22.50 -13.3 CITY Operations 232.88 228.32 - 2.0 CIP/Debt 57.17 50.86 - 4.3 Water and Sewer 49.16 51.50 3.8 TOTAL $ 645.93 $ 645.18 - 0.1 DECLINING STATE SCHOOL FUNDING FY 90-91 FY 91-92 % ORIGINAL BUDGET MPOSED BUDGET CHANGE (IN MILLIONS) SCHOOLS State $ 123.04 119.69 - 2.7 Sales Tax 34.79 34.32 - 1.3 Local 119.99 131.20 9.3 Federal 6.50 6.80 4.6 TOTAL 284.32 292.01 2.70% The City Manager advised this Budget reflects a Negative Appropriation Account of over $1-MILLION which is anticipated savings believed to occur within the year through the use of reorganizations, retirements and combinations of programs resulting in better efficiency. The City Manager expressed appreciation to the City Employees for their sacrifices and professionalism. 38 - Item Iii-M.l- ADJOURNMENT ITEM # 34288 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 4:45 P.M- e'l hiet R+th City Clerk City ot Virginia Beach Virginla