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OCTOBER 13, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" (ill Y COLINCIL @Ell- I 08@-ORI, JR CITY COUNCIL AGENDA 'IRG"il OCTOBER 13,1992 1. CITY COUNCIL WORKSHOP - Council Chamber - 10:00 AM A. CAPITAL IMPROVEMENT PROGRAM FY 1992-93 - 1997-98 E. Dean Block, Director, Management and Budget ii. CITY MANAGER'S BRIEFING - Council Chamber - 12: NOON A. COMPREHENSIVE SERVICES ACT - AT RISK YOUTH AND FAMILIES Norris Phillips, Director, Pendieton Child Service Center ill. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jim Snow Scott Memorial United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1 . INFORMAL & FORMAL SESSIONS - October 6,1992 G. RESOLUTION 1 Resolution awarding $50,000,000 General Obligation Public Improvement Bonds, Series of 1992, to in accordance with the terms of their bid which shall bear interest at % as set out in such bid. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1 . Resolution of support directing the City Manager proceed with an application for Transportation Efficiency Improvement Funds (TEIF) from the Virginia Department of Rail and Public Transportation to develop and implement transportation demand management strategies and activities for the City of Virginia Beach. 2. Resolution directing the Department of Finance pay the value of General Obligation Public Improvement Bonds, Series of 1989B, 1992 maturity (Capital Appreciation Minibonds), principal and interest accrued, on the date of maturity without the necessity of replacing the lost or misplaced Minibonds, to Teresa Holloman, 984 Anna Street, Norfolk, Virginia, and Charles C. and Mary H. Hickman, 2176 General Booth Boulevard, Virginia Beach, Virginia, sole legal and beneficial owners of Minibonds numbered R-157 and R-34, respectively, at $500 denominations, bearing 6.2% annual rate of interest, dated October 12, 1989, and maturing October 12, 1992. 3. Application of JOHN A. TUCKER, JR. to authorize an enlargement of nonconforming use at 521 24th Street in the A-12 Apartment District, containing 8,400 square feet (VIRGINIA BEACH BOROUGH): a. Resolution for the enlargement of a single-family home. b. Resolution for the expansion of the existing screen porch into a sun room. 4. Ordinance to APPROPRIATE $226,800 from the General Fund Balance to the FY 1992-1993 Operating Budget of the Department of Public Works re emergency repairs to Lake Pembroke Dam/Spillway. 5. Ordinance to ACCEPT and APPROPRIATE a $75,000 grant from the Institute of Museum Services to the FY 1992-1993 Operating Budget of the Virginia Marine Science Museum to provide contractual manpower, services, materials, supplies and additional technology; and, this appropriation be offset by an increase of $75,000 in estimated revenue to the Marine Science Museum Fund. 6. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Lineberry Road to Lynnhaven Woods Civic League, Inc. re construction and maintenance of a six-foot high privacy fence with gate and landscapi'ng (LYNNHAVEN BOROUGH). 7. LOW BID with advance notice to proceed: JCB CONSTRUCTION COMPANY, 1992-1993 Various $612,458.90 INC. Roads Improvement Contract B. Ordinance authorizing Tax Refunds in the amount of $2,660.72. PUBUC HEARING 1. PLANNING BY CONSENT a. Application of JOHN R. BRANIGAN Ill for a Variance to Section 4.4(e) of the Subdivision Ordinance which requires that all residential subdivisions with side or rear lot lines abufting a major arterial of ninety (90) feet or greater to provide Category Vi landscape screening, on Country Glen Court, Lots 1, 53, 54 and 55, Princess Anne Crossing (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b. Application of CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for a Conditional Use Permit for a church (expansion on e Southwest side of I th South Independence Boulevard, 150 feet more or less Southeast of Dahlia Drive (1917 South Independence Boulevard, Units #104 and #105), containing 2,970 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL C. Application of BEACH BILLIARDS, INC. for a Conditional Use P@ for an and drqnkina establishment and for a commercial recreataonal facil'ty (bill*a[W on the East side of First Colonial Road, North of Laskin Road (1637 and 1643 Hilltop West Shopping Center), containing 6,000 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Application of McKENZIE CONSTRUCTION CORP. for a Conditional Use Permit for an automobile repair oaraae on the North side of Industry Lane, East of Central Drive (Lot 41, London Bridge Industrial Park 11), containing 1.82 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 0. Application of EVERETT LAWRENCE, JULIA LAWRENCE and THOMAS LAWRENCE for a Conditional Use Permit for motor vehicle sales at the Northwest corner of Virginia Beach Boulevard and Northridge Drive (5200 Virginia Beach Boulevard), containing 1 acre (BAYSIDE BOROUGH). Recommendation: APPROVAL f. Application of the CITY OF VIRGINIA BEACH for a Change of Zonina District Classification from R-7.5 Residential District to P-1 Preservation District on property 640 feet more or less Northeast of the Eastern extremity of Painters Lane, containing 4.799 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 9. Ordinance to AMEND and REORDAIN Sections 7.3 and 7.6 of the Subdivision Ordinance re performance bonds. Recommendation: APPROVAL 2. PLANNING a. Application of JUDEO-CHRISTIAN OUTREACH SHELTER, INC. for a Cond'tional Use Permit for a aroup home on the South side of Virginia Beach Boulevard, 540 feet East of North Birdneck Road (1049 and 1053 Virginia Beach Boulevard), containing 41,382 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL J. UNFINISHED BUSINESS K. NEW BUSINESS 1 . COUNCIL-SPONSORED ITEMS: a. Ordinance to AMEND and REORDAIN Section 28-5 of the Code of the City of Virginia Beach, Virginia, re installment, et cetera, payment of sanitary sewer line fees. (Sponsored by Councilmen Louis R. Jones and Paul J. Lanteigne) Deferred: September 22, 1990 b. Ordinance to AMEND and REORDAIN Section 37-9 of the Code of the City of Virginia Beach, Virginia, re installment, et cetera, payment of water resource recovery fees. (Sponsored by Councilmen Louis R. Jones and Paul J. Lanteigne) C. Resolution supporting passage of the Commonwealth of Virginia's 1992 Bond Referenda on the November 3, 1992, ballot; and, encouraging the voters of the City of Virginia each to cast their votes in favor of said Bond Referenda. (Sponsored by Councilman Robert K. Dean) L. ADJOURNMENT - CITY COUNCIL PUBUC HEARING NOVEMBER 10, 1992 Formal Session 2:00 PM (Capital Improvement Program) If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 10/8/92mlm AGENDA\l 0-23-92.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 13, 1992 Mayor Meyera E Oberndorf called to order the CITY COUNCIL WORKSHOP for the CAPITAL IMPROVEMENT PROGRAM FY 1992-93 - 1997-98 for the P7RGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 13, 1992, at 10:00 A.M. Council Members Present.- John A. Baum, Linwood 0. Branch, Ill James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Nancy K Parker Couiicil Members Absent.- John D. Moss (ENTERED: 10:25 A.M.) Vice Mayor William D. Sessonts, Jr. (ENTERED: 11:40,4.M.) - 2 - CITY COUNCIL WORKSHOP CAPITAL IMPROVEMENT PROGR,4M FY 1992-93 - 1997-98 10:00 A.M. ITEM # 36109 E. Dean Blocl; Director - Management and Budget, advised the City Council Workyhop for the Capital Improvement Program FY 1992-93 - 1997-98, will focus on the Roadway Projects Section. 7he Planning Commission, through the Planning Department, estimated the City was twelve (12) years behind in roadway construction in 1985-86 The "Backlog" program was begun in 1986 and first formally expressed in the 1986-87 Capital Improvement Program. 7he problem needed to be quantified and defined as it related to the overall policy of the government. The City attained a special study prepared as a complete comprehensive revisiort of the Master Street and Highway Plan. 7his spec@ study was to identify within the Master Street and Highway Plan context, those roadway segments and associated laneage which was needed to be constructed in order to provide a reasonable level of service to the traveling public within two key perimeters: (1) roadway sections and laneage identij7ed was to be sufficient only to serve existing plus committed traffic dentand; and, (2) no extension of urban services below the Green Line as a part of this analysis (Three Oaks, already under construction, was the exception to this particular rule). Existing plus meant the traffic generated by existing development plus the additional demand, which would be generated by zoned, but as yet undeveloped land above the Green Line. Generally sp@ng the backlog addressed collector and arterial streets. Not all streets identified in the Master Street and Highway Plan would be included in the backlog. Because of the underinvestment which occurred from approximately 1970 to 1986, the backlog was and has been substantial. 7he study which generated those identified segments and laneage served as the basis for the backlog tied directly to the Master Street and Highway Plan. As the staff examined this analysis, they integrated the network concept into this study. Ken the original list was created in 1986, which formed the basis for the 1986 Capital Improvement Program, the staff was really reflecting the development and zoning an the ground around the middle of 1985. 7he City Council decided, in a series of Workshops in July and August of 1986, they would take this backlog approach and determine that over a ten-year period they would attempt to work through that backlog. For the next two years, the backlog was updated. After the 1988-89 CIP, it was determined the patterns of growth and development were slowing down. Since then, this backlog has not been updated In scheduling roadway projects, it became impossible to work toward the goal or the objective of first serving existing residents. 7he backlog established a limit for the extension of urban services incorporated in the Capital Improvement Program that was an extension of the policies of the government as it related to land use. It limited the investment requirement. By limiting the construction to existing plus committe,t only the known development potential in the City, at a givenpoint in time, would be addressed. 77te City Council could not be held accountable or responsible for previous land use decisions. 77te City Council could now, in their process of review, accommodate needs into their future actions. 7he bacidog also served the cause of equity and fairness. The City Council recognized that to catch up to this fifteen to sixteen years of underinvestment, existing residents were going to be called on to pay more and recognized more debt would be assumed by the Government uver a period of years. 7his backlog provided, due to its origins, a direct link to the Master Street and Highway Plan and through the Master Street and Highway Plan, the land use planning decisions. One of the goals in the 1985-1986 period was to link the CIP in some logical way to land use issues. A report will be distributed encompassing approximately 78 projects, detailing occurrences over the last six years. In only a few instances has the scope of a project been significantly altered. Costs of individual projects have varied 77icre has not been a cotnprehensive update of the Master Street and Highway Plan since 1985. Any update should include another backlog review. Fifty-two and one-half percent (52 11201o) of the projects identified as backlog are either completed or under design or construction. 77te Capital Improvement Program FY 1992-93 - 1997-98 proposes a significant reduction in the dollars aligned to roadways. If a particular project was not a part of the backlog, the City staff attempted the first time through to remove it from the CIP. October 13, 1992 - 3 - CITY COUNCIL WORKSHOP CAPITAL IMPROVEMENT PROGRAM FY 1992-93 - 1997-98 ITEM # 36109 (Continued) Mr. Block will provide an uptiate relative the status of the Bridges in the CIP. Information will be provided on each of the individual road projects relative the impact of either delay or deferral of each particular project. Information will also be provided whether the city's design group could handle the modifications once design is completed and the projects which the City's design group intends handling rather than far7ning them out to outside design. Concerning Ferrell Parkway and its capacity coming down from the Courthouse, the City, as the largest employer in this area, may be able to mitigate this impact by performing some schedule changes. BY CONSEARSUS, City Council SCHEDULED a Workshop on Saturday, November 7,1992, at 9:00 A.M., at the PAP7LION Conference Room to reexamine the City Council priorities. 7he Capital Improvement Program PUBLIC HEARING shall be RESCHEDULED for November 24, 1992. October 13, 1992 - 4 - CONCERNS OF THE MAYOR 11:40 A.M. ITEM # 36110 Mayor Oberndorf referenced the Resolution ADOPTED by 7he Farm Bureau and correspondence from Delegate Croshaw concerning the concerns of small farmers relative the Child Labor regulations. Copies were distributed to Members of City CounciL ITEM # 36111 Mayor Oberndorf referenced the October edition of "OUTDOOR PETAILER", page 34, an article entitled 'Adopt-A-Waterway" concerning the Virginia Beach waterways. Lillie Gilbert and Nancy Shelhorse are the proud mothers of 15 miles of adopted waterways. Said article is hereby made a part of the record. October 13, 1992 - 5 - CITY MANAGER'S BRIEFING COMPREHENSIVE SERVICES ACT - AT RISK YOUTH AND FAMILIES 11:40 A.M. ITEM # 36112 Norris Phillips, Director - Pendleton Child Service Center, recognized the following who assisted in the report.- Bruce Bright - Juvenile and Domestic Court Relations; Dr. Tom Curran - School Administration; Dr. Daniel Dickinson - Virginia Beach flealth Departinent, Dr. Daniel Stone - Department of SocW Services; Dr. Dennis Wool - Community Services Board,- David Bradley - Office of Budget and Evaluation; Assistant City Attorney Bill Byman. In 1992, the Virginia General Assembly ADOPTED landmark legislation entitled, "77te Comprehensive Services Act For At Risk Youth And Families. " The Act dramatically changes the states service delivery system andfunding structure for troubled youth and "at risk " children and their families. Ihe Act becomes effective July 1993. 77ie intent of the Act is to create a collaborative system of services and funding for at risk youth and their families that is child centered, family-focused and community-based. 77iis legislation was the result of nearly two years of work by a State wide 145-member special appointed work group, 77ie Council on Community Services for Youth and Famity. 7his body or council was established by the Secretary of Health and Education, the Secretary of Education and the Secretary of Public Safety. 7he Council also ftinded with the General Assembly five (5) demonstration projects throughout the State. Several Public Hearings were held, as well as solicitation of public comment. 77ie Council concluded that "at risk youth" was best served by a community system of care (comprehensive, co -ordinated and responsive to the strengths and needs of the child and the family). 7he Council included two major recommendations in its report., (1) A long range plan for phasing in community and non -residential services. (2) Aninter-agencyptanforredirectingcurrentfundsandidentifyingnewrevenue sources for the funding of these community based services. 7he current system is seen as reactive to families in crises, inflexible and restrictive in its funding. 77ie system provides limited community control, along with some funds being managed by the State. It reat7y e.xpands the cost to maintain the current system. 7he cost is gradually escalating. In fact, the State estiinates over the past year expenditures of $110-MILLION for services for children both in-home and in -residence. In future years, it is expected to cost approximately $42 -MILLION, which reflects a 22% increase. 7he general residential population has remained relatively stable. 77te proposed system is designed to remave program and fiscal barriers and to encourage creativity in serving families. Other major objectives are: Ensure that services and funding are consis-tent with policy goals of preserving families and providing appropriate services in the least restrictive environment, while protecting children and maintairling public safety; Identify and intervene early with young children and their families who are at risk of developing emotional or behavior problems because of environmental, physical or psychological stresses; Increase interagency collaboration and family involvement; Encourage public and private partnerships in the delivery of services; Provide flexibility in the use of funds,- and, Direct service funding and accountability decisions to communities where the needs of youth and families are best known. October 13, 1992 - 6 - CITY MANAGER'S BRIEFING COMPREHENSIVE SERP7CES ACT -AT RISK YOUTH AND FAMILIES ITEM # 36112 (Continued) Currently state funding is based on historical expcnditure patterns and does not reflect the community's needs or its ability to pay. 77iere are slxteen (16) different funding streams across four State agencies, which provides funding for children. 77iis creates disparity. In the proposed system, nine of the sixteen funding streams will be combined into a single pool. 77ie funding formula is based on three equally rated measures: (1) Total youth population (City of rirgiriia Beach). (2) Households receiving food stamps. (3) Risk factors including: Child protective services' complaints (founded and reasons to suspect), Juvenile Court ititake complaints, and severe etwtionally disturbed and learning disabled children in the local school divisions. Localities in the City of Virginia Beach will be required to match all new funding, based on the JLARCIS Ability to Pay formula. Using the formula outlined, the City of @irginia Beach is guaranteed its funds currently received. In addition, it will also receive $463,567. The Comprehensive Services Act For At Risk Youth And Families requires the Virginia Beach City Council to appoint a seven (7) member "Community Poficy Management Team" and to designate a 'fiscal agent" to receive state monies from the Statepool and trustfund. 7he Community Policy Management Team, which is immune from liability, is to be comprised of Virginia Beach's local agency heads or their designees of the Juvenile Court Services Unit, Department of Social Services, Department of fiealth, Virginia Beach Public Schools and Department of Mental Healt,% Mental Retardation and Substance Abuse. Ihe ManagementIPolicy Team should also include a representative of a private organization or association of providers for children or family services and a parent representative who is not an employee of any public or private program which serves children and families in the City of Virginia Beach. The City should also arrange for the provision of legal services to the team. In addition to the combined Pool of the nine funding streams there is a trustfund. 7he trustfund is effective January 1993, six months prior to the '@ol ". 77ie purpose of the trust fund is basically "venture capital" to develop new programs, which would encompass progra?w such as early intervetition services for young children at risk of developing emotional and behavioral problems, very similar to Pendleton. It provides community services for troubled youth who have emotional problems who can effectively be served in their home or community rather than sending them to other facilities al a greater cost. 7he mandated Management and Policy Team and Fiscal Agent must be in place in order to access the Trust Fund January 1, 1993, and the State Funding Pool on July 1, 1993. 77ie PolicylManagement Team has responsibility for the "Family Assessment and Planning Teams" which access the strengths and needs of troubled youth and their families and determines the complement of services required to meet the identified needs. Mr. Phillips advised the following localities were given the opportunity to be pilot projects: Norfolk Richmond Roanoke Lynchburg Bedford City and County Spottslyvallia Fredericksburg Carolanne King George October 13, 1992 - 7 - CITY MANAGER'S BRIEFING COMPREHENSIVE SERP7CES ACT - AT RISK YOUTH AND FAMILIES ITEM # 36112 (Continued) 7he current funding formula based on JLACs Ability To Pay Formula is approximately 34.% to approximately 40.085% David Bradley advised starting in FY 93-94, Virginia Beach would receive $463,567 in new funds (the City has to match the new funds at 40.085% - based on Ability to Pay. Dr. Wool reiterated the team approach has been widely utilled Mr. Phillips advised the trust fund involved 100% state money for the first eighteen (18) months. After the first eighteen (18) months, for each of the four succeeding years, funding is reduced in tertm of state money by 2001o, meaning zero dollars the sixth year. Mr. Daniel Stone, Director of Social Services, advised while several of the "at risk" children are in expensive residential care programs, hopefully with the venture capitalltrust fiind programs, the City will be able to create alternatives. With the creatioii of more community based and home services which undoubtedly will be less money than some of the expenditures in the residential care facilities, the City will replace those programs begun with venture capital October 13, 1992 - 8 - ITEM # 36113 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BF.4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 13, 1992, at 12:33 P.M. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessotm, Jr. Council Members Voting Nay: None Council Members Absent. None October 13, 1992 - 9 - ITEM # 36114 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1 -344, Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employmerit, assignment, appoint?nent, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To - Wi t.- Performance Evaluations - Council Appointees PUBLICLY-HELD PROPERTY, Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition ofpublicly-held property, or of plans for the filture of an institution which could affect the value ofproperty owned or desirable for ownership by such institution pursuant to Section 2.1-344 (A) (3). To - Wi t.- Right-of-Way Acquisition - Princess Anne Road (Spence Property) LEGAL MA7TERS: Consultation with legal counsel or briefings by staff members, consultants or attorney pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1 -344(A) (7). TO - Wit.. Stottlemyer . Krisik Upon motion by ;rice Mayor Sessoms, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jories, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Price Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 - 10 - FORMAL SESION VIRGINL4 BEACH CITY COUNCIL October 13, 1992 2:00 PM. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the P7RGINL4 BFACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 8, 1992, at 2:00 P.M. Council Members Present.- John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W. Clybur?; Robert K Dean, Louis R. Jories, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Non e INVOCATION.- Reverend Tommy Reynolds Charity Memorial United Methodist Church PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED STATES OF AMERICA October 13, 1992 Item IV-E.I. CER77FIC,4TION OF EXECUTRE SESSION ITEM 36115 Upon motion by Trice Mayor Sessoms, seconded by Council Lady Parker, City Council CER77FIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business mauers as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City CounciL Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jories, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 i Ott CERTIFICATION OF EXECUTIVE SESSTON VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 36114, Page No. 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the.Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening, this Executive Session were heard, discussed or considered by Virginia Beach City Council. Wth Hodges-Smith, CMC/AAE City Clerk October 13, 1992 - 12 - Item ly- El. MINUTES ITEM # 36116 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 6,1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 - 13 - Item IV-FZ PRESENTATION ITEM # 36117 ADD-ON Mr. Maury E. Billig, representing Shell Oil Company, presented to Mayor Meyera E. Oberndarf.- a miniature auto plaque engraved.- VIRGINL4 BF.4CH MINI GRAND PRIX 1992 AL4YOR MEYER,4 E OBERNDORF CAR DRIVER NO. 2 7he Grand PrLx benefited the Arthritis Foundatioti. October 13, 1992 - 14 - Item Iv-G.I. RESOLUTION ITEM # 36118 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED: Resolution awarding $50,000,000 General Obligadon Public Improvement Bonds, Series of 1992, to Kidder Peabody & Co., Inc. in accordance with the terms of their bid which shall bear interest at 5.6241% as set out in such bid Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W Brazier, Jr., Robert W. Clyburr; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent.- None Vice Mayor Sessoms ABSTAINED as he does business with Kidder, Peabody & Co., Inc., in excess of $10,000.00. October 13, 1992 RESOLUTION AWARDING $50,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1992 WHEREAS, the Council of the City of Virginia Beach, Virginia (the "City"), by resolution adopted on September 22, 1992 (the "Bond Resolution"), authorized the sale of $50,000,000 General Obligation Public Improvement Bonds, geries of 1992 (the "Series of 1992 Bonds"); and WHEREAS, pursuant to sale procedures set forth in the City's Notice of Sale, sealed bids for the Series of 1992 Bonds were received in the office of the City Manager at 11:00 a.m., local time, on this date. Each of the bids of f ered to pay the price indicated and accrued interest on the Series of 1992 Bonds from the date of the Series of 1992 Bonds to the date of delivery: 1 . Bid of Bear, Stearns & Co., Inc., oifering to pay $49,500,525 for the Series of 1992 Bonds bearing interest at the rates set forth in Column 1 on Exhibit A attached hereto. 2. Bid of Morgan Stanley & Co., Inc., offering to pay $49,508,475 for the Series of 1992 Bonds bearing interest at the rates set forth in Column 2 on Exhibit A attached hereto. 3. Bid of Chemical Securities, offering to pay $49,501,575 for the Series of 1992 Bonds bearing interest at the rates set forth in Column 3 on Exhibit A attached hereto. 4. Bid of Harris ' Trust and Savings Bank & Associates, offering to pay $49,500,351 for the Series of 1992 Bonds bearing interest at the rates set forth in Column 4 on Exhibit A attached hereto. 5. Bid of Kidder, Peabody & Co., Inc., offering to pay $49,508,825 for the Series of 1992 Bonds bearing interest at the rates set forth in Column 5 on Exhibit A attached hereto. 6. Bid of Goldman, Sachs & Co., offering to pay $49,559,275 for the Series of 1992 Bonds bearing interest at the rates set forth in Column 6 on Exhibit A a'ttached hereto. WHEREAS, representatives of Government Finance Associates, Inc. and Government Finance Group, Inc., the City's financial advisors reported that the bid of Kidder, Peabody & Co. Inc., a copy of which bid is attached hereto and made a part hereof, offered to purchase the Series of 1992 Bonds at the lowest cost to the City, determined in accordance with the Notice of Sale, and recommended acceptance of the bid. I NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The Series of 1992 bonds, the form and details of which have heretofore been prescribed by the Bond Resolution are awarded to Kidder, Peabody & co., Inc. in accordance with the terms of their bid and shall bear interest as set out in such bid. Adopted this 13 day of October, 1992, by the Council of the City of Virginia Beach, Virginia. 2 EXHIBIT A SUMMARY OF BIDS FOR $50,000,000 CITY OF VIRGINIA BEACH GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1992 Maturity Amount 1 2 3 1993 2,500,000 5.25 4.40 4.30 1994 2,500,000 5.25 4.40 4.30 1995 2,500,000 5.25 4.40 4.30 1996 2,500,000 5.25 4.40 4.30 1997 2,500,000 5.25 4.40 4.30 1998 2,500,000 5.25 4.60 4.50 1999 2,500,000 5.25 4.80 4.70 2000 2,500,000 5.25 5.00 4.90 2001 2,500,000 5.25 5.10 5.10 2002 2,500,000 5.40 5.25 5.25 2003 2,500,000 5.40 5.40 5.40 2004 2,500,000 5.50 5.60 5.50 2005 2,500,000 5.60 5.625 5.70 2006 2,500,000 5.60 5.75 5.80 2007 2,500,000 5.70 5.80 5.90 2008 2,500,000 5.70 5.875 6.00 2009 2,500,000 5.70 6.00 6.00 2010 2,500,000 5.70 6.00 6.00 2011 2,500,000 5.70 6.00 6.00 2012 2,500,000 5.70 6.00 6.00 Maturity Amount 4 5 6 1993 2,500,000 4.25 4.20 5.00 1994 2,500,000 4.375 4.20 5.00 1995 2,500,000 4.375 4.20 5.00 1996 2,500,000 4.375 4.20 5.00 1997 2,500,000 4.375 4.40 5.00 1998 2,500,000 4.60 4.55 5.00 1999 2,500,000 4.85 4.75 5.00 2000 2,500,000 5.00 4.95 5.00 2001 2,500,000 5.15 5.10 5.125 2002 2,500,000 5.30 5.25 5.20 2003 2,500,000 5.40 5.35 5.40 2004 2,500,000 5.50 5.50 5.50 2005 2,500,000 5.60 5.60 5.70 2006 2,500,000 5.70 5.70 5.80 2007 2,500,000 5.80 5.80 5.875 2008 2,500,000 5.90 5.90 5.875 2009 2,500,000 5.90 5.90 5.875 2010 2,500,000 5.90 6.00 5.875 2011 2,500,000 6.00 6.00 5.875 2012 2,500,000 6.00 6.00 5.875 Sealed bids must be submitted by 11:00 am OFFICIAL BED FORM October 13, 1992 City Council City of Virgi@a Beach c/o Office 6f the City Manager Virginia Beach Municipal Center City HaU Building Virginia Beach, Virgiriia 23456 Dear Sir: On behalf of the group Usted below and pursuant to the terms and conditions of sale listed in the City's Notice of Sale, we offer to purchase the $50,000,000 General Obligation Public Improvement Bonds, Series of 1992 of the City of Virginia Beach, Virginia, dated November 1, 1992. This offer is made for all of said bonds and for not Icss than afl, maturing on July 15 in the years shown below. Thc schedule of maturities and interest rates upon which this bid is based are as foflows: Maturity Amount Rate Maturity Amount Rate 1993 $2,500,000 2003 $2,500,000 1994 2,500,000 4 .7- 2004 2,500,000 tm, 1995 2,500,000 4-?@ 2005 2,500,000 1996 2,500,000 q 7- 2006 2,500,000 7c 1997 2,500,000 2007 2,500,000 1998 2,500,000 2008 2,500,000 1999 2,500,000 2009 2,500,000 2000 2,500,000 4,-i@ 2010 2,560,000 2001 2,500,000 -S. i @ 2011 2,500,000 2002 2,500,000 7 1; 2012 2,500,000 We will pay nollars ($ which is not less than S49,500,000 or 99% of par, plus accrued i@ntefest from the date of the Bonds to the date of delivery and wdl accept delivery of the Bonds by means of a book-entry system at The Depository Trust Company, New York, N.Y. Please indicate the appropriate choice. We have posted a surety bond in the amount of $1,000,000. If awarded the bid, we will deliver the $ I,OOO,OW in good faith money by I 1:00 a. m. on October 14, 1992 or the City wiR draw upon the surety bond and apply it in accordance with the Notice of Bond Sale against any loss resulting from the succcssful bidder failing to comply with the terms of this proposal. We enclose a certified or cashier's check for $ 1,000,000 drawn upon an incorporated bank or trust company and payable unconditionally to the order of the City of Virginii Beach, Virginia, which is to be applied in accordance with the Notice of Bond Sale against any loss resulting from the successful bidder f@ing to compiy with the tcrms of this proposal. The good faith money wdl be depositcd and credited on the purchase price, and no interest wiU be credited thereon. The proceeds of the check wfll be retained by the City as lfquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuc6essful Bidders will be retumed promptly upon award of the Bonds. Respectfully submitted, LE The above good faith check has been retumed and rcceipt thereof is duly acknowledged. NO ADDMON OR ALTERATION, EXCEPT AS PROVEDED ABOVE, SHOULD BE @E TO TMS BIOD The fouowing is stated for infonmtion only and is not a part of this bid: The True Interest Cost of tWs bid is and the total ainount of interest payable on the Bonds is $ - 15 - Item IV-H. CONSENT AGENDA ITEM # 36119 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION Items 1, Z 5, 6, 7 and 8 of the CONSENT AGENDA. Items IV-H.3 and IV-H.4 were pulled for a separate Vote. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. None October 13, 1992 - 16 - Item IV-H.I. CONSENT AGENDA ITEM # 36120 Upon motion by Vice Mayor Sessonts, seconded by Councilman Clyburn, City Council ADOPTED: Resolution of support directing the City Manager proceed with an application for Transportation Efficiency Iniprovement Funds (TEIF) from the Virginia Departinent of Rail and Public Transportation to develop and implement transportation denwnd nwnagement strategies and activities for the City of rirginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf Naricy K Parker and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 RESOLUTION OF SUPPORT TO PURSUE TRANSPORTA'HON EFFICIENCY IMPROVEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTAUON FOR THE PURPOSE OF DEVELOPING AND IMPLEMENT'ING TRANSPORTA'NON DEMAND MANAGEMENT STRATEGIES AND ACT'IVMES IN THE CITY OF VIRGINIA BEACH WHEREAS, the Virginia Department of Transportation, along with the Virginia Department of Rail and Public Transportation and the Federal Highway Administration, have arinounced the availability of Transportation Efficiency Improvement Funds for local transportation demand management activities; and WHEREAS, up to two million dollars may be available to Virginia localities for transportation demand management activities over the next two fiscal years; and WHEREAS, the Council of the City of Virginia Beach recognizes the importance of transportation demand management activities as a critical component of a balanced transportation network; and WHEREAS, the Tidewater Transportation District Commission, the Continuiiig Transportation Study:Technical Committee and the Metropolitan Planning Orgartization have expressed their support for the City's proposal to pursue these funds and hire a Transportation Demand Coordinator to develop and implement transportation demand management strategies and activities; and WHEREAS, experience in other metropolitan areas has demonstrated that transportation demand management activities can improve the efficiency of conventional transportation facilities and reduce the environmental impacts associated with single occupant automobile travel; NOW, THEREFORE, BE IT HEREBY RESOLVED: That the Council of the City of Virginia Beach directs the city staff to proceed with its application for Transportation Efficiency Improvement Funds to develop and implement transportation demand management strategies and activities for the City of Virginia Beach. ADOPTED by the Council of the City of Virginia Beach, Virginia, this 13 day of October 1992. AP-PRO@IED A,', TO LEGAL - 17 - Item IV-H.2. CONSENT AGENDA ITEM # 36121 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution directing the Department of Finance pay the value of General Obligadon Public Improvement Bonds, Series of 1989B, 1992 maturity (Capital Appreciation Minibonds), principal and interest accrued, on the date of maturity without the necessity of replacing the lost or misplaced Minibonds, to Teresa Hollonwn, 984 Anna Street, Norfolk, Virginia, and Charles C and Mary H. Hickman, 2176 General Booth Boulevard, Virginia Beacl; Pirginia, sole legal and beneficial owners of Minibonds numbered R-157 and R-34, respectively, at $500 denominations, bearing 62% annual rate of interest, dated October 12, 1989, and maturing October 12, 1992. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo?f, Nancy K Parker and Trice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent. None October 13, 1992 I A RESOLUTION TO AUTHORIZE 2 PAYMENT OF LOST MINIBONDS 3 WHEREAS, the General obligation Public Improvement Bonds, 4 Series of 1989B, 1992 maturity (Capital Appreciation Minibonds) , 5 hereinafter "Minibonds," were issued in Registered form and were 6 not transferable or assignable pursuant to the authorizing 7 Resolution adopted by City Council on September 11, 1989, and the 8 stated terms on the Bonds; 9 WHEREAS, those Minibonds were all issued in $500 10 denominations and bearing 6.2% annual rate of interest, dated 11 October 12, 1989, and maturing October 12, 1992; 12 WHEREAS, Teresa Holloman of 984 Anna Street, Norfolk, 13 Virginia 23562, has affirmed that she is the sole legal and 14 beneficial owner of certain of the Minibonds, numbered R-157; 15 WHEREAS, Charles C. Hickman and Mary H. Hickman of 2176 16 General Booth Boulevard, Virginia Beach, Virginia 23454, have 17 affirmed that they are the sole legal and beneficial owners of 18 certain of the Minibonds, numbered R-34; 19 WHEREAS, the owners of each of these Minibonds have also 20 affirmed that the said securities have been lost or misplaced; 21 WHEREAS, each of these owners have complied with all 22 legal provisions to effect replacement of said security by 23 providing appropriate affidavits; and 24 WHEREAS, John T. Atkinson, City Treasurer, has determined 25 that because of the non-transferable nature of the Minibonds, no 26 indemnities shall be required. 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That the Department of Finance, the Registrar on said 30 Minibonds, is directed to pay to each of said owners the value of 31 their respective Minibonds, Principal and Interest accrued, on the 32 date of maturity without the necessity of replacing the lost or 33 misplaced Minibonds. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 13 day If October 1992. 36 CA-4856 37 ORDIN\NONCODE\MINIBD.RES 38 R-1 "OVED IAS TO (-I,'iAUIIII @) C SIGNATURE DEPARTX4ENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM yi) ,,@ (c, @ @,, @5r CITY ATTORNEY 2 AFFIDAVIT OF LOSS STATE OF VIRGINIA )ss. CITY/COUNTY OF Vitginia Beacli lbe undersigned (hereinafter called "Deponent'), being duly sworn, deposes and says that: VK Deponent is an adult whose miiiing address is Q1@@ oa. I @ 234@@ and is the owner of or is acting in a representative or riduciary capacity with respect to certain securities (describe type of security, identirication numbcr, and number of shares or face alue): 1989B General Obligation Public linprovement Minibonds, Numbers(s) issued by City ch, Virgiiiia (hereinafter cailed the "Issuing Corporation") and registered in the name of. C,ko,,rle5 C. @@mm "a Mor@ R. 9@"@ i @-Tk)ED,5 @Deponent further says that the aforesaid security or securities (hereinafter called the "Original", whether one or more) have Leen lost, stoicn, destroyed or misplaced under the following circumstances: @at said Original @t)*3endorsed. (If endorsed, describe form of endorsement and state whether signature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitied to the full and exclusive possession thereof,, that neither the Original not the rights of Deponent therein have, in whole or in part, been assigned, transferred, hypolhecated, pledged or otherwise disposed of, in any manner whatsc)ever, and that no person, firm or corporation other than Deponent has any right, titie, claim, equity or interest in, to, or respecting Original or the proceeds thereof, except as may be set forth in Statement (5) following. @(If Deponent's interest in the Original is in a representative or fi(iuciary capacity, indicate below the designation of such capacity, i.e., Administrator, Executor, etc., and the title of the estate, as follows): Deponent is of the estate of (Specify names of any other persons having an interest in the Original. List them below and indicate the nature of their interest, such as heir, legatee, etc.) NAME INTEREST (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and its agents to issue new securities in, or payment in lieu of, substitution for the Original. (7) Deponent agrees that if said Ori-.inal should e,er come into Deponent's hands, custody or power, Deponent vail immediately and v4thout consideration surrender Original to Issuing Corporation, its transfer agents or subscription agents for cancellition. Vrsigned, seated and dated: August 14 19 91 Sworn to and subscribed before me this - 14th day of August Signature of Deponent NOTARY PUBLIC Deborah V. West (Affix Notarial Seal) My Coninission expires: 11-30-94 Sworn to and subscribed before me this 14th dav of August 19 91 at.re, .1 lep..c@ NOTARY PUBLIC De a V. West (Affm Notarial Seal) My Commission expires: 11-30-94 AFFIDAVIT OF LOSS STATE OF VIRGINIA )ss. CITY/COUNTY OF Virginia Beacli The undersigned (hereinafter called "Deponent'), being duly sworn, deposes and says that: @1) Deponent is an adult whose mailing address is and is the owner of or is acting in a representative or fiduciary capacity with respect to certain securities (describe of security, identification number, and number of shares or face alue): 1989B General Obligation Public Improvement Minibonds, Numbers(s) R-157 issued by City of Virginia Beach, Vi@nia (hereinafter calied the "Issuing Corporation") and registered in the.name of'. (@1) Deponent further says that the aforesaid security or securities (hereinafter called the "Originai", whether one or more) have been lost, stolen, destroyed or misplaced under the folloyin.- circumstances: (3) Tbat said Original (was not) endorsed. (If endorsed, dmribe form of endorsement and state wheLher signature was .@uaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Origirial at the time of loss, and is entitied to the fuil and exclusive possession thereof, that neither the Original not the rights of Deponent thcrcin have, in whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner wha@ver, and that no person, fir-m or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting Original or the proceeds thereof, except as may be set forth in Statement (5) follovhng. Ite,m IV-H.3. CONSENT AGENDA ITEM 36122 John A. Tucker, Jr., 521 24th Street, Phone: 428-9199, represented the applicant Upon motion by Councilman Branc4 seconded by Council Lady Parker, City Council ADOPTED.- Application of JOHN A. TUCKER, JR. to authorize an enlargement of nonconforming use at 521 24th Street in the A-12 Apartment District, containing 8,400 square feet (VIRGINIA BEe4CII BOROUGII): EXHIBIT B Resolution for the expansion of the existing screen porch into a sun room AND, AMENDED, Lines 4 thru 8 to read.- "77iat the City Council hereby e@ers de,,ie5 the request to construct a screen porch on the side of the structure facing Mediterranean Avenues shown on the aforesaid plans. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, Johtt D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor glilliam D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 1 RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 LOCATED AT 521 24TH STREET, PROPERTY 4 OF JOHN A. TUCKER, JR., BOROUGH OF 5 VIRGINIA BEACH 6 WHEREAS, John A. Tucker, Jr., hereinafter referred to as 7 the Applicant, is the owner of a single-family dwelling located at 8 521 24th Street, Borough of Virginia Beach, in the A-12 Apartment 9 District; and 10 WHEREAS, the Applicant desires to enlarge the said 11 single-family dwelling by constructing an addition to it; and 12 WHEREAS, the present use of the property does not conform 13 to the provisions of the City Zoning Ordinance because single- 14 family dwellings are not pe=itted uses within the A-12 Apartment 15 District; and 16 WHEREAS, pursuant to Section 105(d) of the City Zoning 17 Ordinance, the City Council may authorize the enlargement of a 18 nonconforming use if it finds that the use as enlarged is equally 19 appropriate or more appropriate to the zoning district than is the 20 existing nonconformity; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That City Council hereby finds that the expansion of the 24 existing screen porch into a sun room, as proposed by the 25 Applicant, would be equally appropriate to the zoning district in 26 which the structure is located as is the existing nonconformity. 27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That the City Council hereby authorizes the expansion of 30 the existing screen porch on the Eastern side of the structure into 31 a sun room as shown on the plans submitted in connection with the 32 application. 33 That the City Council hereby defers the request to 34 construct a screen porch on the side of the structure facing 35 Mediterranean Avenue as shown on the aforesaid plans. 36 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 37 VIRGINIA, ON THIS 13 DAY OF October 1 1992. 38 CA-4853 39 TUCKER3.RES 40 R-3 2 - 19 - Item II-H.4. CONSENT AGENDA ITEM # 36123 Upon motion by Councilman Jones, seconded by Vice Mayor William D. Sessoms, Jr., City Council ADOPTED: Ordinance to APPROPAL4TE $226,800 from the General Fund Balance to the FY 1992-1993 Operating Budget of the Department of Public Works re emergency repairs to Lake Pembroke DamlSpillway. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburr4 Robert K Deam Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent: None October 13, 1992 I AN ORDINANCE TO APPROPRIATE $226,800 FROM 2 THE GENERAL FUND BALANCE TO THE FY 1992-93 3 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS 4 FOR EMERGENCY REPAIRS TO LAKE PEMBROKE DAM/SPILLWAY 5 WHEREAS, the Lake Pembroke dam/spillway impounds the waters of Lake 6 Pembroke and separates the lake from Thalia Creek, a tidal tributary of the western branch of 7 the Lynnhaven River; 8 WHEREAS, the Department of Public Works has determined an emergency 9 situation exists at Lake Pembroke due to the significant amount of water seepage at the 10 dam/spillway and has authorized a contractor to begin repairs; 11 WHEREAS, the emergency contract amount and unforseen underground 12 obstacles have caused the design and repairs to the lake's dam/spillway to total $226,800; 13 WHEREAS, the Department could not anticipate this situation occurring, and 14 funding within the current FY 1992-93 appropriations is not available. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 1 6 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $226,800 be appropriated from the 1 7 General Fund Balance to the FY 1992-93 Operating Budget of the Department of Public Works 1 8 for the emergency repairs to the Lake Pembroke dam/spillway. 1 9 This ordinance shall be in effect from the date of its adoption. 20 Adopted the 13 day of - October 1992, by the Council of the City of 21 Virginia Beach, Virginia. APPROVED AS TO CONTENT APPROV-i) AS TO Walter C. @emer, Jr. LE'@-AL Department of Management and Budget - 20 - Item II-H.5. CONSENT AGENDA ITEM # 36124 Upon motion by rice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to ACCEPT and APPROPRL4TE a $75,000 grant from the Institute of Museum Services to the FY 1992-1993 Operating Budget of the Virginia Marine Science Museum to provide contractual manpower, services, materials, supplies and additional technology; and, this appropriation be offset by an increase of $75,000 in estimated revenue to the Marine Science Museum Fund. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberridorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $75,000 GRANT FROM THE INSTITUTE OF MUSEUM SERVICES TO THE FY 1992-93 OPERATING BUDGET OF THE VIRGINIA MARINE SCIENCE MUSEUM WHEREAS, the Institute of Museum Services (IMS) provides federal operating support for museums of all disciplines; and WHEREAS, the Virginia Marine Science Museum (VMSM) has applied for an IMS grant to be used by VMSM to increase special exhibits and marketing efforts, and to provide incentives that would increase attendance among minorities and other under-served museum populations; and WHEREAS, the Institute of Museum Services has accepted the application and approved grant funding for the VMSM in the amount of $75,000; and WHEREAS, this grant requires no matching funds from the City; NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $75,000 from the Institute of museum services be accepted and appropriated to the FY 1992-93 Operating Budget of the Virginia Marine science Museum to provide contractual manpower and services, materials and supplies, and additional technology; and BE IT FURTHER ORDAINED that this appropriation be offset by an increase of $75,000 in estimated revenue to the Marine Science Museum Fund. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 of October 1992. APPROVED AS TO CONTENT: Walter C. Kraemer, Jr. Department of Management and Budget - 21 - Item II-H.6. CONSENT AGENDA ITEM # 36125 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Orditiance authorizing a temporary encroachment into a Portion of the right-of-way of Lineberry Road to Lynnhaven Woods Civic League, Inc. re construction and maintenatice of a six-foot high privacy fence with gate and landscaping (LYNNIL411EN BOI?OUGH). 77ic following conditions shall be required: 1. 7he owner agrees to remove the encroachmerit when notified by the City of Virginia Beach, at no expense to the City. 2. 7he owner agrees to keep and hold tlie City free and harmless of any liability as a result of the ericroachmerit. 3. Yhe owner agrees to maintairt said encroachinent so as not to become unsightly or a hazard Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III, James W. Braziel-, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Jolin D. Moss, Mayor Meyera E. Oberndorf Nalicy K Parker and Kzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None October 13, 1992 I AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF LINEBERRY 5 ROAD TO LYNNHAVEN WOODS 6 CIVIC LEAGUE, INC., ITS 7 HEIRS, ASSIGNS AND 8 SUCCESSORS IN TITLE 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That pursuant to the authority and to the extent thereof 12 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 13 LYNNHAVEN WOODS CIVIC LEAGUE, INC., a Virginia corporation, its 14 heirs, assigns and successors in title is authorized to construct 15 and maintain a temporary encroachment into the right-of-way of 16 Lineberry Road. 17 That the temporary encroachment herein authorized is for 18 the purpose of constructing and maintaining a six-foot high fence 19 with gate and landscaping and that said encroachment shall be 20 constructed and maintained in accordance with the City of Virginia 21 Beach Public Works Department's specifications as to size, 22 alignment and location, and further that such temporary 23 encroachment is more particularly described as follows: 24 An area of encroachment into a 25 portion of the City's right-of-way 26 known as Lineberry Road, on the 27 certain plat entitled: " PLAT 28 SHOWING ENCROACHMENT 6 FT. PRIVACY 29 FENCE WITH GATE AND LANDSCAPING 30 SEPT. 1992,11 a copy of which is on 31 file in the Department of Public 32 works and to which reference is made 33 for a more particular description. 34 PROVIDED, HOWEVER, that the temporary encroachment herein 35 authorized shall terminate upon notice by the City of Virginia 36 Beach to any officer of Lynnhaven Woods Civic League, Inc, its 37 heirs, assigns and successors in title and that within thirty (30) 38 days after such notice is given, said encroachment shall be removed 39 from the City's right-of-way of Lineberry Road and that Lynnhaven 40 Woods Civic League, Inc. , its heirs, assigns and successors in 41 title shall bear all costs and expenses of such removal. 42 AND, PROVIDED FURTHER, that it is expressly understood 43 and agreed that Lynnhaven Woods Civic League, Inc. , its heirs, 44 assigns and successors in title shall indemnify and hold harmless 45 the City of Virginia Beach, its agents and employees from and 46 against all claims, damages, losses and expenses including 47 reasonable attorney I s f ees in case it shall be necessary to f ile or 48 defend an action arising out of the location or existence of such 49 encroachment. 50 AND, PROVIDED FURTHER, that the party of the second part 51 agrees to maintain said encroachment so as not to become unsightly 52 or a hazard. 53 AND, PROVTDED FURTHER, that this ordinance shall not be 54 in effect until such time that Lynnhaven Woods Civic League, Inc. 55 execute an agreement with the City of Virginia Beach encompassing 56 the aforementioned provisions. 57 Adopted by the Council of the City of Virginia Beach, 58 Virginia, on the 13 day of October 19 92 59 WRG/tga 60 10/ 02/92 61 lynnwood.ord 2 '/(YCEANA r4AVAL I @ol LOCATION MAP J: 0 < < lij LLJ i -- LL ICA) U) 0 W z > < 0 0 C) C\j C) z U) Lli > U) LLI < x U) Lii (-O U) U) z 7- z m 0 M U) z oo 11) 00 VN x U.1 00 C\i C\i ---t4 (t CD C 10 B CL LLi C, THIS AGREEMENT, made this day of 19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and LYNNHAVEN WOODS CIVIC LEAGUE, INC. , ITS ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, GRANTEE. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a 61 privacy fence with gate and landscaping in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such fence with gate and landscaping, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Lineberry Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such fence with gate and landscaping within a portion of the City's right-of-way known as Lineberry Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroaclunent tc) use a portion of the City's right-of-way known as Lineberry Road for the purpose of constructing and maintaining such fence with gate and landscaping. Tt is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Lineberry Road as shown on that certain plat entitled: "PLAT SHOWING ENCROACHING 6' FT. PRIVACY FENCE WITH GATE AND LANDSCAPING MARCH 5, 1992,11 a copy of which is on file in the Department of Public Works and to which reference is made for a mare particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Lineberry Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a right of way permit, the party of the second part must post a Performance Bond. It is further expressly understood and agreed that the party of the second part must contact Miss Utilities to have the area of the proposed encroachment marked for utilities prior to beginning any construction. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and 3 charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Lynnhaven Woods Civic League, Inc. has caused this Agreement to be executed byC-,411'(- L @L)07OAla5ll) a member of said association with due authority to bind said association. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) City Clerk LYNNHAVEN WOODS CIVIC LEAGUE, INC. President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the _ day of 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on 5 the day of 19 e has acknowledged th same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Li@ @. , a Notary Public in and for the City and State aforesaid, do hereby certify that (Titl.) n behalf of LYNNHAVEN WOODS CIVIC LEAGUE, INC., whose name is signed to the foregoing writing, bearing date the day of 19 @"has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19 Notary Public My Commission Expires: ?-:31-gS 6 - 22 - item ii-H. 7 CONSEA'T AGENDA ITEM # 36126 Upon motion by Vice Mayor Sessoiw, seconded by Councilman Clyburn, City Council APPROVED: LOW BID with advance notice to proceed: JCB CONSTRUCTION COMPANY, 1992-1993 Various $6lZ45&90 INC. Roads Improvement Contract Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sesso?w, Jr. Council Members Voting Nay: None Council Members Absent. None October 13, 1992 23 - CONSENT AGENDA ITEM # 36127 Upon motion by rice Mayor Sesso-, se-nded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $2,660.72, upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburr4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Meinbers Voting Nay: None Council Members Absent.- Non e October 13, 1992 FORM NO. C.A. 7 IO/ 1/92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da!e Penalty lnt. Total Y ear of Tax Number tion No. p [d Indian River Road Associates 92 RE(2/2) 55544-6 5/29/92 154.81 Indian River Road Associates 92 RE(2/2) 55543-7 5/29/92 100.33 A.R.C. Inc 92 RE(2/2) 36-7 5/7/92 38.16 Abner A& Beatrice Culpepper 92 RE(1/2) 26035-3 11/25/91 61.95 Abner A& Beatrice Culpepper 91 RE(1/2) 25921-3 111211902 58.65 Abner A& Beatrice Culpepper 91 RE(2/2) 25921-3 5/24/91 58.65 Abner A& Beatrice Culpepper 90 RE(1/2) 25554-8 11/17/89 50.40 Abner A& Beatrice Culpepper 90 RE(2/2) 25554-8 5/18/90 50.40 Abner A& Beatrice Culpepper 89 RE(1/2) 25209-0 12/1/88 47.20 Abner A& Beatrice Culpepper 89 RE(2/2) 25209-0 5/25/89 47.20 Joseph F McKenzie 92 RE(1/2) 74740-9 11/21/91 38.15 Joseph F McKenzie 92 RE(2/2) 74740-9 6/5/92 38.15 Joseph F McKenzie 91 RE(1/2) 74118-4 3/5/91 40.68 Joseph F McKenzie 91 RE(2/2) 74118-4 5/17/91 36.12 Pinewood Village Homeowners 92 RE(1/2) 90717-4 12/2/91 392.61 Pinewood Village Homeowners 91 RE(1/2) 90220-5 11/14/90 371.72 Pinewood Village Homeowners 91 RE(2/2) 90220-5 5/17/91 371.72 Pinewood Village Homeowners 90 RE(1/2) 89548-3 12/5/89 351.91 Pinewood Village Homeowners 90 RE(2/2) 89548-3 5/23/90 351.91 Total 2,660.72 This ordinance shall be effective from date of adoption. The above abatement(s@ totaling CE@ as to enta ere approved by the Council of the City of Virginia pay $2,660.72 w Beach on the@3day of October 1992 Jo A4k i n?on- rer Approved as to form: Ruth Hodges Smith City Clerk @Lilley, CiryXnorn@y I - 24 - Item II-L PUBLJC HFARING ITEM # 36128 Mayor Meyera E. Oberndorf DECLAPED a PUBLIC HEARING on: PLANNING BY CONSENT 1. (a) JOHN R BRANIGAAR III VARL4NCE (b) CI7Y OF REFUGE CHRISTLIN CHURCH OF WRGINL4 VARL4NCE (c) BE,4CH BILLL4RD@ INC. CONDITIONAL USE PERMIT (d) McKENZIE CONSTRUCTION CORP. CONDITIONAL USE PERMIT (e) EVERETR LAWRENCE, JULLI LAWRENCE CONDITIONAL USE PERMIT AND THOM14S L4WRENCE (t) CI7y OF kIR[GNL4 BEACH CHANGEOFZONEVGDI=CT CLASSIFICATION (g) SUBDIVISION ORDINANCE AMEND and REORDAIN Sections Z3 and 76 re perfor?nance bonds PL,4NNING 2. (a) JUDEO-CHRISTL4N OUTREACH SHELTER, INC CONDITIONAL USE PERMIT October 13, 1992 - 25 - Item II-LL PUBLIC HEARING ITEM # 36129 PLANN17VG BY CONSEA7 Upon motion by Vice Mayor Sessom, seconded by Councilman Jones, City Council APPROVED in ONE MOTION Items 1. b, c, t e, f and g of the of the PLANNING BY CONSENT agenda. Item a was puued for a separate motion. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 - 26 - Item II-Ll.a. PUBLIC HEARING ITEM # 36130 PLANNING BY CONSEAT John R Branigan, III, 228 Country Glen Court, Phone: 427-0950, represented the applicant Upon motion by Councilman Deat4 seconded by Vzce Mayor Sessoms, City Council APPROVED the application of JOHN It BRANIGAN, IIIfor a Variance to Section 4.4(e) of the Subdivision Ordinance which requires that all residential subdivisions with side or rear lot lines abutting a major arterial of ninety (90) feet or greater to provide Category VI landscape screening. Appeal for7n Decisions of Administrative Officers in regard to certain elements of the subdivision Ordinance, subdivision for John R. Branigan, III. Properly is located on Country Glen Court on Lots 1, 53, 54 & 55, Princess Anne Crossing. PRINCESS ANNE BOROUGH. 7he following conditions shall be required: 1. An alternative landscape plan incorporating a privacy fence, existing trees and other appropriate vegetation must be submitted and approved 2. 77ie existing bond for the required improvements should be maintained until such time that all improvements have been completed Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood a Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sesso?=, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 STATEMENT OF CONSENT APPLICANT: JOHN R. BRANIGAN Ill APPLICATION: Variance - Country Glen Court/Princess Anne Crossing (Princess Anne Borough) DESCRIPTION: Section 4.4(e), Subdivision Ordinanoe CITY COUNCIL SESSION: October 13, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1 . An alternative landscape plan incorporating a privacy fence, existing trees and other appropriate vegetation must be submifted and approved. 2. The existing bond for the required improvements should be maintained until such time that all improvements have been completed. @ner By: Aftorney/Agent Date:-/3 @@- /@az - 27 - Item 11-Ll.b. PUBLIC HFARING ITEM # 36131 PL4NN17VG BY CONSEAFT Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of THE CITY OF REFUGE CHRISTL4N CHURCH OF VIRGINL4 for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE C17Y OF REFUGE CHRISTL4N CHURCH OF VIRGINL4 FOR A CONDITIONAL USE PERA,fiT FOR A CHURCH (EXPANSION) R01092177 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF IIIRGINLI BEACH, VIRGINLI Ordinance upon application of The City of Refuge Christian Church of Virginia for a Conditional Use Permit for a church (expansion) on the southwest side of South Independence Boulevard, 150 feet more or less southeast of Dahlia Drive. Said parcel is located at 1917 South Independence Boulevari4 Units #104 and #105, and contains 2,970 square feet. KEMPSYILLE BOROUGH. 77ie following condition shall be required: 1. 77tis request is approved for a period of two years. 77ie OHWER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 7his Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, rlrgiflia, on the 7hirteenth of October, Nineteen Hundred and Nine Two Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 STATEMENT OF CONSENT APPLICANT: CITY OF REFUGE CHRISTIAN CHURCH APPLICATION: Conditional Use Permit - South Independence Boulevard/Dahlia Drive 1917 South Independence Boulevard (Kempsville Borough) DESCRIPTION: Church (expansion) CITY COUNCIL SESSION: October 13, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: I This request is approved for a period of two (2) years. e,o @ Owner By: Aftorney/Agent Date:n,i).l 19,3.2 1 - 28 - Item II-L 1. c. PUBLIC HFARING ITEM # 36132 PLANNING BY CONSENT Upon motion by Vice Mayor Sessonts, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of BF,4CH BILLIARDS, INC. for a Conditional Use Permit: ORDINANCE UPONAPPLIC4TION OF BE.4CH BILLLIRD@ INC FOR A CONDITIONAL USE PERMIT FOR AN EATING AND DRINKFNG ESTABLISHMENT AND FOR A COMMP,'I?CL4L RECREATIONAL FACILI7Y (BILLLIRDS) R01092178 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE, C17Y OF P7RGINL4 BEACH, FIRGINL4 Ordinance upon application of Beach Billiards, Inc. for a Conditional Use Permit for an eating and dritiking establishment and for a commercial recreational facility (billiards) on the east side of First Colonial Road, north of Laskin Road Said parcel is located at 1637 and 1643 Hilltop West Shopping Center and coritains 6,000 square feet. LYNNHAVEN BOROUGH. 77iis Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the nirteenth of October, Nineteen Hundred and Nine w Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Naticy K Parker and rice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 - 29 - Item II-LI.d. PUBLIC HEARING ITEM # 36133 PLANNING BY CONSENT Upon motion by Vice Mayor Sessotm, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of McFXNZIE CONSTRUCTION CORPORATION for a Conditional Use Permit., ORDINANCE UPON APPLICATION OF McKENZIE CONSTRUCTION CORPOR,4TION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GAP,4GE R01092179 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BF,4CH, WRGINL4 Ordinance upon application of McKenzie Construction Corp., for a Conditional Use Permit for an automotive repair garage on the north side of Industry Lane, east of Central Drive. Said parcel is located on Lot 41, London Bridge Industrial Park II, and contains 1.82 acres. LYNNHAVEN BOROUGH. Ihe following condition shall be required.- 1. If the subject site does not incorporate with the adjoining parcel to the west, Category 1,7 Landscaping will be required along the western property line. 2. If the subject site is not utilized as a contractor's storage yarct the applicant may request a variance to the Category 1,7 landscaping requirement. 3. Stormwater management facilities must be provided to control runoff in accordance with the pravisions for the Stormwater Management Ordinance. Such facilities were not shown on the submitted site plan and stormwater management must be addressed at detailed site plan review. 4. No outside repairs or outside storage of new or used automotive parts will be allowed 5. Only those inoperative vehicles awaiting parts may be stored on the subject site. 77te OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 7his Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ihirteenth of October, Nineteen Hundred and Nine - wo October 13, 1992 - 30 - Item 11-Ll.d PUBLIC HEARING ITEM # 36133 (Continued) PLANNING BY CONSEA7 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor J4rilliam D. Sessoms, Jr. Council Members Voting Nay: None October 13, 1992 STATEMENT OF CONSENT APPLICANT: McKENZIE CONSTRUCTION CORP. APPLICATION: Conditional Use Permit - Industry Lane/Central Drive London Bridge Industrial Park (Lynnhaven Borough) DESCRIPTION: Automobile repair garage CITY COUNCIL SESSION: October 13, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (orAgent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1 . If the subject site does not incorporate with the adjoining parcel to the West, Category Vi landscaping will be required along the Western property line. 2. If the subject site is not utilized as a contractor's storage yard, the applicant may request a variance to the Category VI landscaping requirement. 3. Stormwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. Such facilities were not shown on the submifted site plan and stormwater management must be addressed at detailed site plan review. 4. No outside repairs or outside storage of new or used automotive parts will be allowed. 5. Only those inoperative vehicles awaiting parts may be stored on the subject site. 00 Owner By: Date: - 31 - Item II-Ll.e, PUBLIC G ITEM # 36134 PL.4NN17VG BY CONSEA7 Upon motion by Vice Mayor Sessoms, seconded by Councilinan Jones, City Council ADOPTED an Ordinance upon application of EVERE7T L4WRENCE, JULL4 L49WNCE AND THOM,4S L.49WNCE for a Conditional Use Permit.- ORDINANCE UPONAPPLICATION OFEVERE7TLAWRENCF, JULLI LAWRENCE AND THO@S LAWRENCE FOR A CONDITIONAL USE PERMIT FOR MOTOR TIEHICLE S4LES R010921780 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF l,7RGINLI BEACH, VIRGINLI Ordinance upon application of Julia Lawrence and Thomas Lawrence for a Conditional use Permit for motor vehicle sales at the northwest corner of Virginia Beach Boulevard and Northridge Drive. Said parcel is located at 5200 Virginia Beach Boulevard and contains I acre. BAYSIDE BOROUGH. 77ie following condition shall be required: 1. Perimeter parking lot landscaping is required along Virginia Beach Boulevard between the parkirig lot and the sidewalk. 7he OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT Said STATEMEA7 OF CONSENT is hereby made a part of the proceedings. 7his Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Kirginia Beach, Vzrgirtia, on the Airteenth 12f October, Nineteen Hundred and Nine Two Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 STATEMENT OF CONSENT APPLICANT: EVERETT LAWRENCE, JULIA LAWRENCE and THOMAS LAWRENCE APPLICATION: Conditional Use Permit - Virginia Beach Boulevard/Northridge Drive 5200 Virginia Beach Boulevard (Bayside Borough) DESCRIPTION: Motor vehicles sales CITY COUNCIL SESSION: October 13, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BYTHEVIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1 Perimeter parking lot landscaping is required along Virginia Beach Boulevard between the parking lot and the sidewalk. Owner By: Aftorney/Agent Date: - 32 - Item II-LI.E. PUBLIC HE4R[NG ITEM # 36135 ITEM # 36037 PLANNING BY CONSENT Upon motion by Vice Mayor Sessotm, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of the CITY OF YIRGINL4 BEACH for a Change of Zoning District Classiflcation: ORDINANCE UPON APPLICATION OF THE CITY OF YIRIGNL4 BEACH, P7RGINL4 FOR A CHANGE OF ZONING DISTRICT CLISSIFICATION FROM R- 75 TO P- I ZO]0921368 BE IT HEREBY ORDAINED BY THF, COUNCIL OF ITIE CIIY OF 1,7RGINLI BEACH, TIYRGINL4 Ordinance upon application of the City of Virginia Beach, Virginia, for a Change of Zoning District Classification from R-75 Residential District to P-1 Preservation District ort certain property located 640feet more or less northeast of the eastern extremity of Painters Lane. 7he proposed zoning classification change to P- I Preservation District is for the preservation of environmentally sensitive land use. 77ie Comprehensive Plan recotnmends use of this parcel for Suburban Low Density Residential use at a density no greater than 1. 7 to 2.25 dwelling units per acre. Said parcel contains 4.799 acres. PRINCESS ANNE BOROUGH. 7his Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7hirteenth of October, Nineteen Hundred and Nine wo Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Joiies, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and rice Mayor William D. Sessonts, Jr. Council Members Voting Nay: None Council Members Absent.- Non e October 13, 1992 - 33 - Item II-Ll.f. PUBLIC HFARING ITEM # 36136 PL4A7VING BY CONSEAIT Upon motion by Pi"ce Mayor Sessoms, seconded by Couticilman Jones, City Council ADOPTED: Ordinance to "END and PEORDAIN Sections 7.3 and 76 of the Subdivision Ordinance pertaining to Perforniance Bonds. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburt4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 7.3 AND 7.6 OF THE SUBDIVISION ORDINANCE PERTAINING TO PERFORMANCE BONDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I That Sections 7.3 and 7.6 of the Subdivision Ordinance b6 amended and reordained to read as follows: Sec. 7.3. Perfo=ance bond in lieu of installation. where installations as required herein have not been made, in whole or in part, the city may accept for dedication for public use any right- of-way located within the subdivision which has constructed herein, or proposed to be constructed therein according to plans and specifications filed and appro@ed, any street, curb, gutter, sidewalk, drainage, traffic control, street lights, sewerage system, water system or other improvement, financed or to be financed other than by city funds, only if the owner or developer furnished to the city a subdivision agreement indicating completion date of the required improvements and a form of surety satisfactory to the city attorney in an amount equal to the estimated costs of remaining construction (with estimate of costs agreed to by the Department of Public Works and the Department of Public Utilities where water and/or sewer facilities are concerned); however, in no case shall the amount of surety be less than leen (19) twenty f2O) percent of the total construction costs of the @rovement. Sec. 7.6. Release of bonds. Performance bonds or other sureties established in accordance with the provisions of Section 7.3 shall be released when the Director of Public Works or other affected official certifies that the requirements set forth therein have been met., On application by the owner or developer, portions of such bonds or other sureties may be released in proportion to the cost of the requirements certified by the Director of Public Works and/or the Director of Public Utilities in the case of water and sewer facilities as having been met; however, in no case shall the amount of surety'be reduced to less than ten (19) twenty (20) percent of the total construction costs of the improvement. Defect bonds or other sureties established in accordance with the provisions of Section 7.5 shall be released at the end of two (2) years from the date of city acceptance responsibility. Such release shall be in full if @o defects have been found to exist, or if defects found to exist have been corrected by the owner or developer. If defects found to exist have been corrected by action of the city, the costs of such action shall be deducted from the defect bond. If defects found to exist within the two (2) year period have nof been corrected after proper notice by the end of such period, the Director of Public Works shall make an estimate of cOst of correction or the Director of Public Utilities, in the case of water and sewer facilities, and such cost shall be deducted from the defect bond, and any balance remaining as a result of lesser actual than estimated cost shall be paid to the owner or developer. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of October 1992. - 34 - Item II-L2.a. PUBLJC HFARING ITEM # 36137 PLANNING Richard Powell Executive Director - JUDEO-CHRISTLIN OUTREACH SHELTEP, INC., 209 53rd Street, Phone: 428-3475 (H), 491-2846 (99 Lieutenant Commander Dwight Lawrence, Commanding Officer - NAS Oceana, Phone: 433-3133, registered in OPPOSITION as the parcel which lies in the AICUZ area. Upon motion by Councibnan Brazier, seconded by Councilman Baum, City Council DEFERRED until the City Council Session of October 27, 1992, an Ordinance upon application of JUDEO-CHRISTL4N OUTREACH SHELTER, INC. for a Conditional Use Pcrmit: ORDINANCE UPON APPLICATION OF JUDEO-CHRISTLIN OUTRE,ICH SHELTEP, INC FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME Ordinance upon application of Judeo-Christian Outreach Shelter, Inc. for a Conditional Use Permit for a group home on the south side of Virginia Beach Boulevard, 540 feet east of North Birdneck Road Said parcel is located at 1049 and 1053 Virgittia Beach Boulevard and contains 41,382 square feet. LYNNHA VEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Branch, III, James W Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 - 35 - Item IV-Kl.a.b. NEW BUSINESS ITEM # 36138 Upon motion by Councibnan Jones, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinance to "END and REORDAIN Section 28 -5 of the Code of the City of Yirginia Beacl; Virginia, re installment, et cetera, payment of sanUary sewer Une fees. A ND, Ordinance to "END and REORDAIN Section 37-9 of the Code of the City of Virginia Beach, Virginia, re installment, et cetera, payment of water resource recovety fees. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburr4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Ilarker and rice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. None October 13, 1992 Requested by Councilmembers Louis R. Jones and Paul J. Lanteigne 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 28-5 OF THE CITY CODE, 3 PERTAINING TO INSTALL.MENT, ETC., 4 PAYMENT OF LINE FEES 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 28-5 of the Code of the City of Virginia 8 Beach be, and hereby is, amended and reordained to read as follows: 9 Section 28-5. Installment, etc., payment of line fees. 10 (a) The director of public utilities is hereby 11 authorized to accept, on behalf of the city, notes for the payment 12 of the line fees due under subsection (b) (1) and (b) (3) of section 13 28-4, if heiftee1/2inei- eeeapied for sincrle-family residences and 14 duplexes (no more than two (2) residential units). The terms of 15 each such note shall be all tap and cleanout fees, given as a down 16 payment, with the full line fee payable in to be paid within four 17 years (4) equal, anni;-al- at a i-atp- Af of- eight 18 (8) pereent per annum. Installment Payments must be made at least 19 annually in four (4) equal installments during the four (4) year 20 period, but may be made more frequently if agreed to by the owner 21 and the director of Public utilities. Interest shall be charged at 22 a rate ectual to the Prime Rate for U. S. Banks, as published in the 23 Wall Street Journal, when the installment contract is executed, 24 iplus three (3) ipercent, not to exceed twelve (12) percent per 25 annum. No such note shall be accepted unless the Property owner 26 demonstrates that at least two (2) commercial lending institutions 27 have refused to make a loan in the amount of, and for the purpose 28 of financing, the aforesaid line fees. 29 (b) When a hardship exists, the director of public 30 utilities may allow the down payment prescribed in paragraph (a) 31 above, to be paid by installments over a one-year period; or, if 32 the property is being offered for sale, the director of public 33 utilities may enter into an agreement whereby all fees shall be 34 paid from the proceeds of the sale or within ninety (90) days of 35 the date of the agreement, whichever shall be the sooner. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 13 day of October , 1992. 38 CA-4827 39 ORDIN\PROPOSED\28-005.PRO 40 R-4 2 Requested by Councilmembers Louis R. Jones and Paul J. Lanteigne 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 37-9 OF THE CODE OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO INSTALLMENT, ETC., 5 PAYMENT OF RECOVERY FEES. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 37-9 of the Code of the City of Virginia 9 Beach, Virginia, is hereby amended and reordained to read as 10 follows: 11 Section 37-9. Installment, etc., payment of recovery fees. 12 (a) The director of public utilities is hereby 13 authorized to accept, on behalf of the city, notes for the payment 14 of recovery fees due under subsections (b) (1) and (b) (2) of section 15 37-7.1 for single-family residences, if hemeeiiner- eeeupied and 16 duplexes (no more than two (2) residential units). The terms of 17 such note shall be all tap and meter fees, given as a down payment, is with the full remaining fees payable in to be paid within four 19 years (4) equal, anni-;a-4- at a i-ate ef- intei-est ef- eiejht 20 (8) per-eent pei- annufa. Installment lpayments must be made at least 21 annually in four (4) eaual installments during the four (4) year 22 period, but may be made more frequently if agreed to by the owner 23 and the director of r)ublic utilities. Interest shall be charged at 24 a rate egual to the Prime Rate for U. S. Banks, as published in the 25 Wall Street Journal, when the installment contract is executed, 26 iplus three (3) ipercent, not to exceed twelve (12) percent per 27 annum. No such note shall be accepted unless the property owner 28 demonstrates that at least two (2) commercial lending institutions 29 have refused to make a loan in the amount of, and for the purpose 30 of financing, the aforesaid line fees. 31 (b) When a hardship exists, the director of public 32 utilities may allow the down payment prescribed in paragraph (a) 33 above, to be paid by installments over a one-year period; or, if 34 the property is being offered for sale, the director of public 35 utilities may enter into an agreement whereby all fees shall be 36 paid from the proceeds of the sale or within ninety (90) days of 37 the date of the agreement, whichever shall be the sooner. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia on the 13 day of October 1992. 40 CA-4859 41 \ORDIN\PROPOSED\37-009.PRO 42 R-3 2 - 36 - Ite,m IV-Kl.c. ,NEW BUSINESS ITEM # 36139 Ihe following spoke in SUPPORT of the Resolution: Eddy Witchart 120.4 Wickford Landing, Phone: 446-3791, Member of the Community Services Boar4 Dr. Robert Shrewsberry, Director - Southeast Virginia Training Center Fred Hazelwoo4 Park Manager, Seashore State Park 2500 Shore Drive, Phone: 481-2131 Upon motion by Councibnan Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED.- Resolution supporting passage of the Commonwealth of Virginia @ 1992 Bond Referenda on the November 3, 1992, ballot, and, encouraging the voters of the City of rirginia Beach to cast their votes in favor of said Bond Referenda. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Deam Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf Nancy K Parker and Pice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None October 13, 1992 Requested by Councilman Robert K. Dean 1 A RESOLUTION IN SUPPORT 2 OF VIRGINIA'S 1992 BOND 3 REFERENDA 4 WHEREAS, Virginia's continued economic growth and 5 development is dependent upon the Commonwealth's ability to provide 6 for the needs of its citizens both now and into the 21st century; 7 WHEREAS, Virginia voters will have the opportunity to 8 approve three (3) bond referenda on November 3, 1992, that will 9 provide funds to construct and renovate the facilities necessary to 10 serve the State's growing population; 11 WHEREAS, these bonds, if approved, will provide funding 12 to enhance Virginia's commitment to higher education and mental 13 health, and to improve, protect, and maintain Virginia's parks and 14 natural areas; 15 WHEREAS, there have been no State-supported capital 16 improvement programs for higher education since 1986, even though 17 during that period, enrollment in our colleges and universities has 18 grown by 40,000 and by the year 2000, another 65,000 students will 19 seek enrollment in Virginia's colleges and universities; 20 WHEREAS, $472.4 million is earmarked for the capital 21 needs of higher education, providing badly needed classroom, 22 laboratory, and other teaching space, correction of life-safety 23 code deficiencies, repairs to libraries, additions to computer 24 centers, and other needs; 25 WHEREAS, providing for the needs of those citizens of the 26 Commonwealth with mental disabilities is a responsibility of all 27 Virginians; 28 WHEREAS, $45.2 million will be appropriated for the 29 construction and renovation of seven (7) high-priority projects for 30 current and projected patient needs, particularly for children and 31 elderly Virginians, enabling Virginia to meet the legal mandates 32 for patients in secure facilities and ensuring that State 3 3 facilities will continue to receive Medicaid and Medicare 34 reimbursements, reducing demand on the State budget; 35 WHEREAS, tourism is Virginia's second-largest industry, 36 and its park system is a vital component of that industry, helping 37 to pump $80 million annually into the State's economy; 38 WHEREAS, $95.4 million is allocated to upgrade existing 39 park facilities and purchase new land, enhancing Virginia's tourist 40 potential and increasing the flow of out-of-state revenue to 41 Virginia; 42 WHEREAS, taxes will not have to be raised to pay for 43 these bonds; 44 WHEREAS, passage of these three (3) referenda will create 45 3,600 new jobs and generate $22 million in new revenue; and 46 WHEREAS, passage of these three (3) referenda will not 47 jeopardize Virginia's AAA bond rating. 48 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 49 OF VIRGINIA BEACH, VIRGINIA: 50 That City Council hereby supports the passage of all 51 three (3) referenda on the November 3, 1992, ballot, authorizing 52 the issuance of general obligation bonds of the Commonwealth of 53 Virginia. 54 BE IT FURTHER RESOLVED: 55 That City Council encourages the voters of Virginia Beach 56 to go to the polls on November 3, 1992, and cast their votes in 57 favor of the aforementioned bond referenda. 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the 13 day of October 1992. 60 CA-4863 61 ORDIN\NONCODE\BONDREF.RES 62 R-1 2 - 37 - Item IV-Kl.d. NEW BUSINESS ITEM # 36140 ADD-ON Herman Brockett, President of Civic League (Poyner and Busky Lane), 2333 Busky Lane, Phone: 431- 2843, requested installation of City Water, as well as Sanitary Sewer in the Busky LanelPoyner Lane area. Reverend Anthony Albritton, 2315 Busky Lane, Phone: 425-3018, requested installation of City Water, as well as Sanitary Sewer in the Busky LanelPoyner Lane area. BY CONSENSUS, City Council PEFERRED to the WATER TASK FORCE installation of City Water on Busky LanelPoyer Lane (London Bridge). 7he WATER TASK FORCE will report back to City Council. Residents will keep Councilman Brazier advised on a weekly basis. October 13, 1992 - 38 - Item IV-KI.E. NEW BUSINESS ITEM # 36141 ADD-ON Mayor Obemdorf referenced correspondence dated October Secondfi-om the Hampton Roads Sanitadon District conceming relocation of composting facility (mulching plant) near Newport news - Willianaburg International Airport. Newport News is insisting the HRSDS customers pay the $6-MILLION relocation cost. HRSD has requested the City pay the relocation cost and it has refused HRSD proposed to provide odor control for the facility and not burden customers with the added $6-MILLION that it would cost to relocate the Composting Facility. 77te City has SCHEDULED a PUBLIC HEARING for October 13,1992. The matter will also be on the agenda of the October 17 1992, Hampton Roads Sanitation District Meeting. BY CONSENSUS, Mayor Oberndorf will forward a Letter of Support to Hampton Roads Sanitation Distiict Commission. October 13, 1992 - 39 - item IV-L.I. ADJOURNMENT ITEM # 36047 Mayor Oberndorf DECLARED the City Council Meetiiig ADJOURNED at 4.,35 P.M. Beverly 0. Hooks, CMC Chief Deputy City Clerk ---------- f?uth Hodges Smitk CMCIAAE City Clerk Mayor City of Virginia Beach frirginia October 13, 1992