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MARCH 8, 1994 MINUTES it "WORLD'S LARGEST RESORT CITY" (illy COUNCIL CITY COUNCIL AGENDA . . . . . . . ... MARCH 8, 1994 CITY MANAGER'S BRIEFING - council Chamber - 1:00 PM A. COMPENSATION PROGRAM REVIEW Fagan Stackhouse, Director of Human Resources INFORMAL SESSION - Council Chamber - 1:45 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCA'NON: Reverend Ted James First Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF C@ COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES I . INFORMAL & FORMAL SESSIONS - March 1, 1994 G. RESOLUTION 1 Resolution to request the Virginia Beach Development Authority select a promoter/partner and a site for an Amphitheater Facility: and, upon Council's approval of a Conditional Use Permit for the site and approval of the City's level of participation in the project, develop the facility for lease to, and operation by, the selected promoter/partner. 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 to authorize the issuance and sale of General Obligation Public Improvement and Refunding Bonds, Series of 1994, of the City of Virginia Beach, Virginia, in the maximum amount of $170,000,000 for various capital projects. 2. Ordinance to authorize a temporary encroachment into a portion of City property known as the waters of Lake Joyce (4516 Powells Point Road) to Irene Agies re constructing and maintaining a bulkhead (BAYSIDE BOROUGH). 3. Ordinance to RENEW the permit of Oceanfront Watersports, Inc. for an additional term of five (5) months from May 1, 1994, to September 30, 1994, re personal watercraft aet ski) rental operation on the Oceanfront at 31 st Street (VIRGINIA BEACH BOROUGH). 4. Ordinance to authorize license refunds in the amount of $11,096.90. 1. PUBUC HEARING 1. PLANNING a. Application of GREYHOUND UNES, INC. for a Conditoonal Use @ for a passenaer transportation terminal at the Northwest intersection of Virginia Beach Boulevard and Monroe Avenue (876 Virginia Beach Boulevard), containing 9,500 square feet more or less (LYNNHAVEN BOROUGH). Recommendation: APPROVAL b. Application of D. W. GATUNG, INC., T/A ALLSAFE SELF STORAGE for a Conditional Use Permit for a self storaae facilily on the Northwest side of Haygood Road, 600 feet more or less Northeast of Crossborough Road, containing 3.14 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL C. Application of McDONALD'S CORPORATION for a Cond4t*onal Change of Zonena District Classification from B-1 Business Residential Dostroct to 8-2 Community Business District on the North side of Princess Anne Road beginning at a point 800 feet more or less East of James Madison Boulevard, containing 38,419.92 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL J. APPOINTMENT RESORT AREA ADVISORY COMMISSION Resignation K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT SCHEDULE TO REVIEW PROPOSED FY 1994-1995 OPERATING BUDGET/CIP Presentation: March 31 Noon SPecial Formal Session Operating Thursday Budget & CIP City Council Chamber Workshop: Budget April 5 10AM-Noon CIP Tuesday 5PM-7PM Workshop: Budget April 12 10AM-Noon CIP Tuesday 5PM-7PM Public Hrng: Budget April 14 7PM-8PM Special Formal Session CIP Thursday 8PM-9pm Pavilion Theater Workshop: Budget April 19 9AM-1 1AM Special Workshop CIP Tuesday l1AM- iPM City Council Chamber Workshop: Budget April 26 Noon- 2PM CIP Tuesday 2PM- 4PM Public Hmg: Budget April 26 6PM- 7PM Regular Council Session CIP Tuesday 7PM- 8PM City Council Chamber Reconciliation May 5 Noon- 2PM City Council Chamber Workshop: Budget Thursday 2PM- 4PM & CIP Appropriation Ordncs: May 10 Budget & CIP Tuesday 2PM City Council Chamber COUNCILMANIC ELECTIONS TUESDAY MAY 3,1994 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing Impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Dea@ 3/03/94bap AGENDA\3-8-94.PLN - 2 - CITY M,4NA GER'S BRIEFING COMPENS,4TION PROGR4M REIIEW ]:00 P.M. ITEAI # 37797 Fa@a,, Slaclho se, Dire Compe C'or of H--- Se-ices, lhrogh h -"O- PrOg-- R-i. Of Ilides prese,,,ed Ih@ r, hereby -de a Part of the recor.d.R"Po' C'P'e' 'ere d"' b Id o Me I f C,, Council and are Mr, Sl@ckh-- -lended appreciation to the FOCUs GROUP.4DVISORy COAfMIrFEE. W"y THIS COMPENSATION STUDY? ManY years since a Comprehe,sile Review has been don, For Co'nPatb""y with CitY Mission and Collectie Direction. En-- Affordability that citizens a, uppo, As Part of a communicatio, ad education process compensating employees. ANALYSIS OF SURVEY REsuLTS RESPONDENTS Clty Counczl, Managers and Employees om Czty Manager@ Focus (@roups. fr DATA GATHERED: Six (6) Areas Compensatfon obj,,ti,,,, Pay Poucies Revision to pay Practices (Prograins) Pay Plan Structures Performance management PaY Pzan lujustments kh iz Mr. Stac ouse sumar ed the R, p@n On Objectives: General agreement wth Oby.ectives. Objective addedfor Custo-- Services. Objective added on Tranng On Pay Poncies: PaY POncies agree with City Misson and Goal,. Common Zhemes: Consist,,cy, Clarity f) Policies and Ordinance Language r March 8, 1994 MINUTEs VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 8, 1994 Mayor Meyera E Oberndorf called to order the CITY MANA BEACH CITY COUNCIL in the oun~ ....... GER S BRIEFINGS of the VIRGINIA 1.'00 P.M. Co_..~tt cnamoer, L'tty Hall Building, on Tuesday, March 8, 1994, at Council Members Present: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert lC Dean, Louis R. Jone& Paul J. Lanteigne John D. Moss, Mayor Meyera E. Oberndorf and Nancy 32 Parker Council Members Absent: Vice Mayor IbTlliam D. Sessoms, Jr. [OUT OF THE C17Y WITH FAMILY] - 3 - CITY MANAGER'S BRIEFING COMPENSATION PROGR" REP7EW ITEM # 37797 (Continued) Responses (Continued): On Pay Structure: Major Concern: How to move form Minimum to Maxiinum. Reductions in Number of Pay Plans On Pay Plan Adjustments: Tools Recommended. Local Market ConditionsIComparative Llving Costs, Consumer Price Ind@ Market Surveys of Public and Private Organizations. Pay Philo-phy: High-Middle of Market. On Revisions To Pay Practices: (Programs) Recognition: Real Outcomes & Contributions For Customer Service Relationships Pay Not fted to Base Pay For All Fmployees, Including Topped Out Employees. Consistent Payment for Certifications and Licensures. Offer Extended Benefits At Employee Expense. (Life Insurance, Disability Programs). Clarify Promotion Requirements. Mixed Opinions on Reducing Promotion Levels and Job Titles. On Performance Management: Increased Feedback and Communication Needed. Recognition for Individual Team and Corporate Performance. ,Reward Outstanding Perfornwnce (concerns that there arefew ways to measure outstanding Performance). P,ROPOSED CHANGES Probation Employee Annual Leave - Use as Farned (No 6- Month Wait). New Hires & Returning Employees - @arting Salary Fle.xibility (Over 10'/o) Contribution Recognition Award - Peer Involvement; Bonuses up to $1,000 March 8, 1994 -4- CITY MANAGER'S BRIEFING COMPENSATION PROGRAM REVIEW ITEM # 37797 (Continued) Clarifications: Promotions Career Progression Demotions Anniversary Dates Mr. Stackhouse advised there are currently three pay plans and the recommendation is to reduce this to two (General and Administrative). The Ranges would be 1 to 30 for the General Plan and iA to 23.4 for Administrative Plan. 15 ranges would be eliminated in the General Pay Plan. The Administrative and Executive Pay Plans were combined into one plan. Nine (9) ranges would be eliminated. The movement through the range would be 10 years, if funding is available. This has been changed from an average of 7 1/2 years, resulting in a significant savings. This wouM not pertain to approximately 55% of the employees. Mr. Stackhouse advised of innovative Pay Practices (Programs'): Broadbanding (Collapsing several ranges into fewer ranges). Skill-Based Pay (Recognizing s]a'lls used but not required). Topped-Out Employees - Recognition through the "Contribution Recognition Program". Jobs Redefined and Job Title Reductions (Ongoing efforts' to reduce job titles and clarify and broaden existing jobs) Pay Plan Adjustments, Pay at 75th Percentile of Markets Surveyed. Survey Local, Regional and National Public Sector and Private Sector. Adjustments based on: Revenues Market Surveys Consumer Price Index (CPI), and Local Market Conditions/Comparative Living Costs. General Increase replaced by a one-time market adjustment. Individual Reclassifications each July. Mr. Stackhouse referenced approximately 300 to 400 employees would be impacted this year. There are approximately 150 to 200 classifications which need to be changed. March 8, 1994 - 5 - CITYM,4NAG ER'S BRIEFIN G COMPENS,4TION PROGR,4M REP7EW ITEM # 37797 (Continued) Performance Management (Perfornzance Appraisal Feedback System) Objectives measured against real outcomes and contributions. Exist,ng MBO -d Bars Systems would be Phased out for his D-eloping System. RecognitionlIncentives SYstems will completnent this system. Appro.ximately 60% of the City Employees have been trained and transitioned to the new Performace Appraisal Program. 7here are no ratings in terms of numbers. Recognition & Incentives Reco-end addzng a ",Recognition Contribution Program ", wth peer involvement. (Yhese are one-time efforts.) Added to the City @ Current System of RecognitionlIncentives, which has six (6) components. Mr. Stackhouse advised Sick Leave Incentives have been studied very seriously and approaches have been suggested for employees not utilizing abundant sick leave. EXTENDED BENEFITS (ATEMPLOYEEIS EXPENSE) SUPPLEMENTAL LIFE INSURANCE SHORT-TERM DISABILITY iNsURANcE LONG-TERM CARE INSuR,4NCE POSSIBLY OTHER BENEFITS 7he Budgetary Impacts will be minimal with moe variabl, pay (pay not tied to base). Mr. Stackhouse advised the Pre-FY93194 Variable PaylIncentives encompass Class ActAwards, Training, City Manager@ A-rdy Progra@ Employee's Suggestive Program' Se-ice Award Programs and Tulfion Reimburseinent. Mr stackhouse displayed charts depicting the Cost Analysis: Existing and Proposed Compensation PrOg-M Cosa, Cost,4nalysis. Existing and ProPosed Variable PaylIncentive Programs. Mr. Stackhouse cited the finalized RECOAFMENDA TIONS. Compensate Employees Based upon: Affordability by the Taxpa'yers Quality and level of servi'ces deinanded Fair Afarket Wages Ordinance changes to be included with the FY 94-95 Budget Request Package. Extended Beneftts to be further considered and finalized by January 1, 1995. A staggered implementation of changes, effective January 1, 1995. March 8, 1994 - 6 - CITY MANAG ER'S BRIE FIN G COMPENSATION PROGRAM REk7EW ITEM # 37797 (Continued) Mr. Stackhouse advised a match to deferred compensation is an opfion connected with sick leave usage as an incentive. A Mini Bond payroll deduction was also suggested and the pros and cons have been discussed with Finance but is very difficult to handle administratively. Concerning Pay Plan Adjustments, CitY Council suggested as tools the utilization of attrition and number of qualified applicants might be investigated as an indicator of market coinpetitive pay. 7he City Manager advised a recruitment bonus upon einployment was suggested as a concept. Mr. Stackhouse adv4yed promotion is a higher level to which one can advance, if there is a vacancy. 7here z.s competition across the City and there can be cotnpelition within departments according to the definition of the qualifications for the job. Career progression is an understood natural level progression fro- the entry @el to the next level ie., Police Officer I moving to Police Officer 11 Mr. Stackhouse will provide the appropriation structure which implements this proposed Program and the Position management control. Mr. Stackhouse will also provide information relative the salaty cOmpression between Administrators and Executives. March 8, 1994 - 7 - ITEM # 37798 MaYor Meyera E. Oberndorf called to order the INFO SESSION of the p7RGINL4 BE,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 8, 1994, at ]:45 P.M. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linw&Od 0. Branck III, James W. Brazier, Jr., Robert W Clybur?; Robert K Dear; Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 8, 1994 - 8 - ITEM # 37799 Mayor Mey- E- Ob-do -te ined a mo on to per it Ct Cou SESSION, pursuant rf rta fi m tY ncil to conduct it, EXECUT@ to Section 2.1 -34,cts, Code of k,-rginia, as amendet for the following purpose: COnSideration of or interviews ass, gnment, appointinent, disciplining, or resignation einploye- pursuant to Section To - Wit-- ApPOintments - Boards and Commi,,io,,. ResOrt Area Advisory Connisio, counsel or briefings by staff ining to actual or probable the provision of legal -34@ 7). To- Wit-' e r t I al Lake Gaston Litigation UPOn -fion by Councibnan Moss, seconded by Councibnan Baum, CitY COuncil voted to proceed into EXECUT" SESSION. Voting: 10-0 Council Members Voting Aye: JohnA.Ba Lnw dO.Branc III s um I 00 A , jame W. Brazier, Jr., Robert W. Clyb-n, Robert K Dean, LOU" R. Jone,, Paul J. Lanteigne, John D. Moss, MayOr MeY- E Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent.- l'ice May- William D. Sessolm, jr. March 8, 1994 - 9 - FORMAL SESION VIRGINL4 BEACH CITY COUNCIL March 8, 1994 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 8, 1994, at 2:00 P.M Council Members Present.- 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 and Nancy K Parker Council Members Absent.- Vice Mayor William D. Sessoms, Jr. [OUT OF THE CITY WITH FAMILY] INVOCATION.- Reverend Ted James First Baptist Church March 8, 1994 - 10 Item III-E.I. CER77FICATION OF EXECUTIVE SESSION ITEM # 37800 Upon motion by Councibnan Clybur?4 seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE "7TH 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 matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City CounciL Voting: 10-0 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 and Nancy K Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 8, 1994 41 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recordcd in ITEM # 37799, Page No. 8, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by the goveming body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby ccrtifies 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 identificd in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ru'th Hodges Smith, CMC/AAE City Clerk March 8, 1994 Item 111-F.I. MINUTES ITEM 37801 Upon motion by Councibnan Clyburn, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORAL4L AND FO SESSIONS of March 1, 1994 Voting: 10-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Brancli, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigne, John D. Moss, Mayor Meyera F. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. March 8, 1994 - 12 - Item Ill- G. 1. RESOLUTION ITEM # 37802 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION Upon motion by Councibnan Branck seconded by Councilman Lanteigne, City Council ADOPTED. Resolution to request the Virginia Beach Development Authority select a promoterlpartner and a site for an Amphitheater Facility: and, upon Council's approval of a Conditional Use Permit for the site and approval of the City's level of participation in the project, develop the facility for lease to, and operation by, the selected promoterlpariner. Councilman Moss requested information relative if this project can compete for the limited debt service available or will debt policy be changei4 so that other pressing needs, especially education, can be addressed Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: Robert K Dean Council Members Absent.- Vice Mayor William D. Sessoms, Jr. March 8, 1994 1 A RESOLUTION REQUESTING THE CITY OF VIRGINIA 2 BEACH DEVELOPMENT AUTHORITY TO SELECT A 3 PROMOTER/PARTNER FOR AN AMPHITHEATER FACILITY 4 IN THE CITY, TO SELECT A SITE FOR THE 5 FACILITY, AND UPON COUNCIL'S APPROVAL OF A 6 CONDITIONAL USE PERMIT FOR THE SITE AND 7 APPROVAL OF THE CITY'S LEVEL OF PARTICIPATION 8 IN THE PROJECT, TO DEVELOP THE FACILITY FOR 9 LEASE TO, AND OPERATION BY, THE SELECTED 10 PROMOTER/PARTNER 11 WHEREAS, by ordinance adopted February 2, 1993, City 12 Council established the Tourism Growth and Investment Special 13 Revenue Fund, and identified certain capital projects to be 14 initially established as part of the Tourism Growth and Investment 15 Program (the "Program"); 16 WHEREAS, one of the capital projects specifically 17 identified as part of the initial Program was an amphitheater; 18 WHEREAS, an economic and market feasibility study 19 commissioned by the City, and completed in July of 1993, as well as 20 subsequent discussions with potential promoters, indicated that an 21 amphitheater facility in the city with a seating capacity of 18,000 22 to 20,000 would be both feasible and highly desirable; 23 WHEREAS, based on the results of the aforementioned study 24 and discussions, city Council authorized City staff to proceed with 25 an in-house site study and, upon selection of a site, to utilize 26 the RFP process to select a promoter/partner for development, 27 lease, and operation of the facility; 28 WHEREAS, City staff has subsequently identified five (5) 29 potential sites, and has interviewed three (3) promoters that have 30 expressed a strong interest in becoming a partner in the 31 amphitheater project; 32 WHEREAS, City staff has determined that in order to 33 ensure a successful facility, it is necessary to engage the 34 assistance of a promoter/partner in the final site selection 35 process, and to work directly with the promoter/partner during the 36 entire development process up to, and including, design and 37 construction of the facility, and its lease to, and operation by, 38 the selected promoter/partner; 39 WHEREAS, the City of Virginia Beach Development Authority 40 was specifically created for the purpose of fostering and 41 stitftulating economic development in the City and, therefore, has 42 more flexibility than the City in the development of projects such 43 as an amphitheater and in the formation of public/private develop- 44 ment partnerships; and 45 WHEREAS, based on the Development Authority's greater 46 flexibility in project development and in the formation of public/ 47 private partnerships, City staff has recommended that City Council 48 request the Development Authority to proceed with the selection of 49 a promoter/partner, the selection of a final site for the facility 50 and, upon approval of a conditional use permit for the site, and 51 approval of the City's level of participation in the project, the 52 development of an amphitheater for lease to, and operation by, the 53 selected promoter/partner. 54 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 55 OF VIRGINIA BEACH, VIRGINIA: 56 That the City Council hereby requests the City of 57 Virginia Beach Development Authority to select a promoter/partner 58 for an amphitheater facility in the City of Virginia Beach, to 59 select a site for the facility and, upon Council's approval of a 60 conditional use permit for the site, and approval of the City's 61 level of participation in the project, to develop the facility for 62 lease to, and operation by, the selected promoter/partner. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the 8 day of '4arch 1994. 65 CA-5511 66 ORDIN\NONCODE\AMPHITHE.RES 67 R-1 N"OVED AS TO 68 PREPARED: 03/02/94 NOY 2 13 - e CONSENT AGENDA ITEM # 37803 UP'on -t'on by Councibnan Baum, seconded by Councibnan Brazier, City Council APPROVED in ONE MOTION items 2 and 4 of the CONSENT AGENDA. Ite-s I and 3 were pulled for a separate ot,. Voting: 10-0 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 and Nancy K Paker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, jr. March 8, 1994 - 14 - Item III-HL CONSENT AGENDA ITEM # 37804 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED: Resolution to authorize the issuance and sale of General Obugation Public Improvement and Refunding Bonds, Series of 1994, of the City of Virginia Beac,% Virginia, in the maximum amount of $170,000,000 for various capital projects. On Page 12 the words Craigie, Incorporated shall be added in the third paragraph to read as follows: "If the Bonds are sold by negotiation, (a) Craigie, Incorporated shall be the book-running senior managing underwriter and (b) the City Manager is authorized to appoint one or more underwriters as co-senior managers or co-managers, all as he may determine to be in the best interest of the City. " At the end of the Sale of the Bonds, Councibnan Moss requested the City Staff provide in writing the savings and total by year for City Council's disposition as to these savings. nis request was not part of the Motion. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W Clyburm 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 Absent: Vice Mayor Wzlliam D. 5essoms, Jr. March 8, 1994 At a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on the 8th day of march, 1994, at the time and place established by the City Council for s,,h meetings, and at which the following members were present and absent: PRESENT: John A. Baum Mayor Meyera E. Oberndorf Linwood 0. Branch, Fll Nancy K. Parker James W. Braziei, Jr. Robert W. Clyburn Robert K. Dean Louis R. Jones Paul J. Lanteigne John D. @loss ABSENT: Vice Mayor William D. Sessoms, Jr. the following resolution was adopted by the affirmative roll call vote of a majority of all members of the City Council, the ayes and nays being recorded in the minutes of such meeting as shown below: BE VOTE John A. Baum Linwood 0. Branch, Ill Aye James W. Brazier, Jr. Aye Robert W. Clyburn Aye Robert K. Deari Aye Louis R. Jones Aye Paul J. Lanteigne Aye John D. Moss Aye Mayor Meyera E. Oberndorf Aye Nancy K. Parker Aye RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENEPAL OBLIGATION PUBLIC INPROVEMENT AND REFUNDING BONDS, SERIES OF 1994, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE RAXimum AMOUNT OF $170, 000, 000, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAY- MENT THEREOF, AND PROVIDINO FOR THE REFUNDING OF CERTAIN GENERAL OBLIGATION PUBLIC IMPROVE- MENT BONDS OF THE CITY WHEREAS, the issuance of $32,500,000 of bonds of the City of Virginia Beach, Virginia (the "City-1) was authorized by an ordinance adopted by the Council of the 'City (the "City Council") on December 6, 1990, without being submitted to the qualified voters of the City, for the purposes and in the amounts shlln below, $22,125,000 of which bonds have been issued and sold: School projects, including planning, design, 5 3,619,000 construction, renovation, expansion, equipping, and furnishing of schools and related facilities Engineering and highway projects, including site 20,702,176 acquisition and impro@ements, design, planning, construction, improvement, replacement, expansion, and extension of streets, high.ays, and bridges Drainage projects, including impro@ements to Salem 7,273,859 Canal and Ocean Park area, and also including beach erosion and hurricane protection Building projects, including design, planning, 904 , 965 construction, improvements, renovation, expansion, equipping, and furnishing of fire and rescue stations, library, storage and other facilities TOTAL $32,500,000; and WHEREAS, the issuance of $36,100,000 of bonds of the City was authorized by an ordinance adopted by the City Council on November 12, 1991, without being submitted to the qualified voters of the City, for the purposes and in the amounts shown below, $9,060,000 of which bonds have been issued and sold: School projects, including planning, design, S 9,060,000 construction, renovation, site acquisition, expansion, equipping, and furnishing of schools and related facilities Engineering and highway projects, including 20,894,026 site acquisition and impro@ements, design, planning, construction, impro,ement, replacement, expansion, and extension of streets, highways, bike.ays, and bridges Drainage projects and outfall impro@ements 2,766,294 including channel improvements and pumping stations Building projects, including design, planning 1,596,810 construction, improvements, reno@ation, expansion, equipping, and furnishing of a Beach Borough Service Center, other municipal offices, fire and rescue stations, courts, storage, and other facilities Parks and recreation projects, including new 1,782,870 athletic fields and park facilities, upgrading existing athletic fields, reno@ating tennis courts, park improvements, storage, and other facilities TOTA,L $36,100,000; and WHEREAS, the issuance of $8,000,000 of bonds of the City was authorized by an ordinance adopted by the City Council on November 12, 1991, without being submitted to the qualified voters of the City to finance road and highway improvements, none of which bonds have been issued and sold; and 2 WHEREAS, the issuance of $41,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on November 24, 1992, without being submitted to the qualified voters of the City, for the purposes and in the amounts shown below, $9,645,000 of which bonds have been issued and sold: School projects, including planning, $40,545,232 design, construction, renovation, expansion, equipping, and furnishing of schools and related facilities Building projects, including design, 754,768 planning, construction, improvements, renovation, expansion, equipping, and furnishing of courts, libraries, storage, and other facilities TOTAL $41,300,000; and WHEREAS, the City has the following bond issues outstanding: (a) General obligation Public Improvement Bonds, Series of 1992, dated November 1, 1992, in the aggregate outstanding principal amount of $47,500,000: (b) General obligation Public Improvement Bonds, Series of 1991C, dated August 1, 1991, in the aggregate outstanding principal amount of $34,300,000; (c) General obligation Public Improvement Bonds, Series of 1991A, dated March 1, 1991, in the aggregate outstanding principal amount of $21,925,000; (d) General obligation Public Improvement Bonds, Series of 1990A, dated June 1, 1990, in the aggregate outstanding principal amount of $20,540,000; (e) General obligation Public Improvement Bonds, Series of 1989A, dated October 1, 1989, in the aggregate outstanding principal amount of $14,070,000; (f) General obligation Public Improvement Bonds, Series of 1988A, dated April 15, 1988, in the aggregate outstanding principal amount of $12,600,000; (g) General Obligation Public Improvement Bonds, Series of 1987, dated May 15, 1987, in the aggregate outstanding principal amount of $13,610,000; (h) General obligation Public Improvement Bonds, Series of 1986, dated May 1, 1986, in the aggregate outstanding principal amount of $6,575,000; (i) General Obligation Public Improvement Bonds, Series of 1978, dated December 1, 1978, in the aggregate outstanding principal amount of $4,625,000; and 3 (i) General Obligation Water and Sew,r Bonds, Series of 1977B, dated December 1, 1978, in the aggregate outstanding principal amount of $10,320,000; and WHEREAS, it appears that the City can effect considerable savings by issuing bonds to refund all or a portion of the following maturities of such bond issues (collectively, the "Refunded Bonds-'): (a) General Obligation Public Improvement Bonds, Series of 1992, maturing on July 15, 2003 through 2012, in the aggregate principal amount of $25,000,000 (the "Refunded 1992 Bonds" ); (b) General Obligation Public Improvement Bonds, Series of 1991C, maturing on August 1, 2002 through 2007, in the aggregate principal amount of $14,700,000 (the "Refunded 1991C Bonds"); (c) General Obligation Public Improvement Bonds, Series of 1991A, maturing on March 1, 2002 through 2005, in the aggregate principal amount of $7,960,000 (the "Refunded 1991A Bonds"); (d) General obligation Public Improvement Bonds, Series of 1990A, maturing on June 1, 2001 through 2003, in the aggregate principal amount of $6,155,000 (the "Refunded 1990A Bonds"); (e) General obligation Public Improvement Bonds, Series of 1989A, maturing on October 1, 2000, in the aggregate outstanding principal amount of $2,010,000 (the "Refunded 1989A Bonds"); (f) General obligation Public Improvement Bonds, Series of 1988A, maturing on May 1, 1999, in the aggregate outstanding principal amount of $2,100,000 (the "Refunded 1988A B,nds-1); (q) General obligation Public Improvement Bonds, Series of 1987, maturing on May 1, 1998, in the aggregate outstanding principal amount of $2,620,000 (the -,Refunded 1987 Bonds"); (h) General Obligation Public improvement Bonds, Series of 1986, maturing on May 1, 1997, in the aggregate outstanding principal amount of $1,795,000 (the "Refunded 1986 Bonds,$); (i) General obligation Public Improvement Bonds, series of 1978, maturing on October 1, 1995 through 1998, in the aggregate outstanding principal amount of $3,700,000 (the "Refunded 1978 Bonds"); and (i) General obligation Water and Sewer Bonds, Series of 1977B, maturing on October 1, 1995 through 2003, in the aggregate outstanding principal amount of $9,600,000 (the "Refunded 1977B Bonds"); and WHEREAS, the City must obtain the approval of the State Council on Local Debt to issue bonds to refund the Refunded Bonds; and 4 WHEREAS, the City Council has determined it is in the City's best interest to issue and sell the remaining $10,375,000 of the bonds authorized in 1990 for various public improvements, $24,540,000 of bonds authorized in 1991 for various public improvements, the $8,000,000 of bonds authorized in 1991 for road and highway improvements; and $26,655,000 of the bonds authorized in 1992 for various public improvements; and WHEREAS, the City has solicited proposals from eligible underwriters to underwrite the bonds if the City determines to sell the bonds by negotiation; and WHEREAS, it has been recommended to the City Council by representatives of Government Finance Associates, Inc. and Government Finance Group, Inc. (the "Financial Advisors") that the city issue and sell a single issue of public improvement and refunding bonds in the maximum principal amount of $170,000,000; BE IT RESOLVED BY THE CITY COLTNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, general obligation public improvement and refunding bonds of the City in the maximum principal amount of $170,000,000 (the "Bonds") as follows: (a) a maximum of $100,430,000 to provide funds to refund the Refunded Bonds, including funds to pay principal of and premium and interest on the Refunded Bonds until their redemption and costs incurred in connection with such refunding and issuing the Bonds, (b) a maximum of $69,570,000 to provide funds to finance, in part, the cost of the various public, school, road and highway improvements (the "Project") , and (c) costs incurred in connection with issuing the Bonds. 2. Application to State Council on Local Debt. The filing of an application by the City Manager to the State Council on Local Debt for approval of the issuance of the refunding portion of the Bonds is hereby ratified and confirmed. The refunding portion of the Bonds shall not be issued until their issuance shall have been approved by the State Council on Local Debt, as required by the Section 15.1-227.46 of the Code of Virginia of 1950, as amended. 3. Bond Details. The Bonds shall be designated "General obligation Public Improvement and Refunding Bonds, Series of 1994, " or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as determined by the City Manager, shall be in denominations of $5,000 and multiples thereof, and shall be numbered R-1 upward. The issuance and sale of the Bonds is authorized on terms as shall be satisfac- tory to the City Manager; provided, however, that the Bonds (a) shall have a "truell or "Canadian" interest cost not to exceed 6.50%, taking into account any original issue discount or premium, (b) shall be sold to the purchaser thereof at a price not less than 99% of the original aggregate principal amount thereof (excluding 5 any original issue discount) , (c) hall mature in installments beginning no later than the year 1995 and ending no later than the year 2014, and (d) shall cOmPly with the requirements of the State Council on Local Debt. Principal of the Bonds shall be payable annually and interest on the Bonds shall be payable semiannually on dates determined by the City Manager. Principal and premium if any, shall be payable to the registered owners upon surre@der of Bonds as they become due at the office of the Registrar, as defined below. Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on the date prior to each interest payment date that shall be determined by the City Manager (the "Record Date,, . Principal, premium, if any, and interest shall be payable in lawf)ul money of the United States of kmerica. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York (IIDTC"), or its nominee. The City shall enter into a Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City in its sole discretion determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then its chief financial officer shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository or shall provide for t@e preparation, execution, authentication and delivery of certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantial- ly in the form provided for in Section 6; provided, however, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) otherwise from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certif j- cated Bonds, the chief financial officer shall be entitled to rely on the records of the Securities Depository as to tbe beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8. So long as there is a Securities Depository for the Bonds (1) it or its nominee shall be the registered owner of the Bonds, (2) 6 notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment f principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the respo y of the Securi- Depository and shall be effected pursuant to rule, and ties nsibilit procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the record, maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Letter of Representations such provisions of the Letter of Representa- tions, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 4. Redemption Provisions. The Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time, at a redemption price equal to the principal amount of the Bonds, together with any accrued interest to the redemption date, plus a redemption premium not to exceed 102% of the principal amount of the Bonds, such redemption premium to be determined by the City Manager. Any term bonds may be subject to mandatory sinking fund redemption as determined by the City Manager. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the chief financial off icer of the City in such manner as he may determine to be in the best interest of the city. If less than all the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be consid- ered as representing that number of Bonds that is Obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. 7 if a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. 5. Execution and Authentication. The Bonds shall be signed the manual or facsimile signature of the Mayor, shall be by f its Clerk, countersigned by the manual or facsimile signature 0 and the city's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenti- cated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the following form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds: REGISTERED REGISTERED No. R-- U14ITED STATES OF AMERICA CoMMONWEALTE OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public improvement and Refunding Bond series of 1994 INTEREST RATE KATURITY DATE DATED DATE CUSIP -% 11 1 1994 927734 REGISTERED OWNER: Cede & Co- PRINCIPAL AMOUNT: DOLLARS The City of virginia Beach, virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner thereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon from its date semiannually on each I and 1, beginning 199 , at th annual rate prem' ff-@ny, i-nd interest are payable tated above. Principal, lum, in lawful money of the United tates of America by who has been appointed Registrar (the any oth@r provision hereof, this system maintained by The Depository payment of principal, premium, if 8 any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. If no qualified securities depository is the registered owner of the bonds, the City may appoint a qualified bank as successor paying agent and registrar for the bonds. This bond is one of an issue of $ General obligation Public Improvement and Refunding Bonds, Series of 1994, of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of virginia, including the City Charter and the Public Finance Act of 1991. The bonds have been authorized and issued pursuant to ordinances adopted by the Council of the City (the "City Council") on December 6, 1990, November 12, 1991, and November 24, 1992, and a resoluti'on adopted by the City Council on march 8, 1994, to provide funds to refund portions of various series of general obligation bonds issued by the City between 1978 and 1992, to finance various public, school, road and highway improvements and to pay costs of issuance of the bonds. The bonds maturing on or before are not subject to redemption prior to maturity. Bonds maturing on or after I I are subject to redemption prior to maturity at the option of the City on or after , _, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption Both Dates Inclusive rice 11 -1 to 1, to 1, and thereafter If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the chief financial officer of the City in such manner as he may determine to be in the best interest of the City. If less than all the bonds of a particular maturity are called for redemption, the bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and proce- dures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds that is obtained by dividing the principal amount of such bond by $5,000. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be 9 certified mail or overnight express lelivery, nOt less than 30 nor redeemed to be sent by facsimile tran'smis sion, registered or more than 60 dys prior to th nominee a, the registered owner e re@e"Ption date, t. or its is called her..f for redemption e DTC -f a Portion of this bond unrecieemed DIrtion hereoi , a n w b,,nd "n Principal amount Of the upon surrender hereof. will be ssu ed to the registered owner or the PaYMent Of Principal of and premium, if 0 i I f The full faith and credit of the City are irrev cab Y P edqed on this bond. any, and intere-st The Registrar shall treat the registered owner th s bond as the person exclusively entiti ed to Payment Of prof I Premium, if a p I of ny, and interest on this bond and th! exercise of 11 Other right@ @n. a and and Powers of the owner except that interest Paynents shall be made to the person shown @s the owner as Of the Record Date. . All acts, conditions a-nd hings required @Y the Constit,tion anci statutes @f the COmmonweal t of Vir Performed precedent @h q nappen, exist or be happened, exis@ @nd h to and in ave been pe, Of. thl's bond have wh@ch this bona Is one, together @ S of CitY, is within every debt and the Constitution and statutes of the the IN WITNESS WHEREOF, the City Of Virginia Beach, v. caused this bond to be signed by its Mayor irginia, has its Clerk, its seal tc) be to be counters"gned by 1 1994. affixed he@eto, a"Id this bond to be dated COUNTERSIGNED: erk Clty Of Vl 179.nia (SEAL) ea h, vilgi@ia Mayor Cit Vi@ginia Beach, Vir in@ay Of ASSIGNMENT FOR VALUE RECEIVED the e assign(s) and transfer(@) unto undersign d sel (s) 10 the within bond and all rights thereunder, hereby irrevocably constituting and appointing ransfer n thereof, w th full mises- Dated: Si,gnature Guaranteed l4oTICE- s.,g,,at, (Signatu@- f Reg,.sterd oner) guaranteed by a of the New York stock NOTICE: The signature above mmercial bank must correspond with the name Exchange or a co of the registered owner as it or trust company. appears on the front of this bond in every particular, without alteration or enlarge- ment or any change whatsoever. 7. Pledga of Full Faitb and Credit. The full faith and ity are irrevocably pledged for the payment of the credit of the C the Bonds. of and premium, if any, and interest on principal are lawfully available and appropriated for Unless other funds s, the city Council shall levy and timely payment of the Bond and above all other taxes collect an annual ad valorem tax, over limitation as to rate or authorized or limited by law and without amount, on all locally taxable property in the CitY sufficient to pay when due the principal of and premium, if any, and interest on the Bonds. S. Registration, Transfer and owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds securities depository is the (the "Registrar--). If no qualified . t a qualified registered owner of the Bonds, the City may appoin trust company as paying agent and registrar of the Bonds. bank or registration books for the registra- The Registrar shall maintain onds at the office of the tion of Bonds. Upon surrender of any B cutea by the Registrar, toaether with an assignment duly exe registered owner or his duly authorized attorney or legal represen- tative in such form as shall be satisfactory tO the Registrar, the city shall execute and the Registrar shall authenticate and deliver exchange a new Bond or Bonds having an equal aggregate in I ations, of the same form and principal amunt, in authorized denomin gistered in the maturity, bearing interest at the same rate, and re f or its duly name as requested by the then registered owner thereo authorized attorney or legal representative. Any such exchange shall be at the expense of thP city, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers 11 or the owner, except that interest vayments shall be l,de to the person shown as owner on the regist-ration books as of the Record Date. 9. Sale Of Bonds. The City Council approves the following terms of the sale of the Bonds The Bonds may be sold by competi- tive bid or by negotiation wit'h one or more underwriter,. If the Bonds are r-old by negotiation, the Bonds shall be sold at ruch price determined to be in the best interest of the City by the City Manager and if the Bonds are sold competitively, city Manager shall receive bids for the Bonds and award the Bonthe da to the bidder providing the lowest "true" or 'Canadian" interest Costs, all subject to the limitations set forth in paragraph 1. The City council further authorizes the City Manager to (a) reduce the aggregate principal amount of the BondS, (b) determine the maturity schedule of the Bonds, (c) establish t@e 'redemption provisions, ii any, for the Bonds, and (d) determine the dated date, maturity dates and interest payment dates for the Bonds. If the Bonds are sold by negotiation, (a) Craigie, Incorporated shall be the book-running se-nior man@gin'g underwrite'r and (b) the City Manager is authorized to appoint one or more underwriters as co-senior managers or co-managers, all as he may determine to be in the best interest of the City. Furthermore, if the Bonds are sold by negotiation, the City Manager is authorized to execute a bond purchase agreement (the "Bond Purchase Agreement") and deliver it to the underwriters of the Bonds. The Bond Purchase Agreement shall set fo,th the final terms of the Bonds and be in a form approved by the city manager in collaboration with the Citv Attorney and t e C y's 0 h it .ond counsel, the execution thereof by- the city Manager shall constitute conclusive evidence of the city Manager's approval of such agreement. If the Bonds are sold by c6mpetitive bid, the city Manager, in collaboration with the Financial Advisors, is authorized and directed to take.all proper steps to have prepared and distributed, in accordance with standard practices of municipal securities, a notice of sale (the "Notice of Sale") to advertise the Bonds for sale. The Bond Purchase Agreement or Notice of Sale, as applicable, shall be in a form that is not inconsisten with the y consider provisions of this Resolution and as the City Manager mat to be in the best interest of the City. Following the sale of the Bonds, the City Manager shall file with the City Clerk, in the case of a negotiated sale, the Bond Purchase Agreement and, in the case of a competitive sale, a certificate setting forth the final terms and purchase price of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 10. official Statement. The City Manager is authorized and directed to have prepared and distributed, in accordance with standard practices of municipal securities, a Preliminary Official Statement of the City descriling the Bonds. The City Manager shall make such completions, omissions, insertions, and changes not 12 inconsistent with this Resolution as the City Manager, in collabo- ration with the Financial Advisors, may consider appropriate. The distribution of the Preliminary Official Statement shall constitute conclusive evidence that it has been deemed final by the City as of its date, except for the omission of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12 of the Securities and Exchange Commission. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement, within seven business days after the Bonds have been awarded, for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom such purchaser and members of his group initially sell Bonds. Such delivery to the successful purchaser shall constitute conclusive evidence that the Official Statement has been deemed final by the city as of its date within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. ii. Preparation and Delivery of Bon4s. The officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment there- for. 12. Escrow Deposit Agreement. The City Manager, the City Treasurer and the Director of Finance, or any of them, are authorized and directed to execute an escrow deposit agreement (the "Escrow Agreement") between the City and a bank or trust company appointed by the City Manager as escrow agent (the "Escrow Agent") , providing for the deposit and investment of a portion of the Bond proceeds for the defeasance of the Refunded Bonds. The Escrow Agreement shall be in the form approved by the City Manager, the City Treasurer or the Director of Finance, in collaboration with the City Attorney and the City's bond counsel, the execution thereof by the city Manager, the City Treasurer or the Director of Finance to constitute conclusive evidence of such official's approval of such Agreement. The Escrow Agreement shall provide for the irrevocable deposit of a portion of the Bond proceeds in an escrow fund which shall be sufficient, when invested in noncall- able, direct obligations of or obligations guaranteed by the United States Government, to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds; provided, however, that such Bond proceeds shall be invested in such manner that none of the Bonds will be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Codell). 13 13. DOPOsit Of BIld authorized a- Proceeds. The CitY Treal-lrlr J, nd directed (a) to provide for hth, ae e the refunding port on of the Bond proceeds tO t I E, row Agent for deposit in the i liv ry or escrow fund established by the Escrow Agreement, in an amount that will be sufficient, together with the inter,.,t thereon when invested as Drovided in the Escrow Agreement, to pay the principal of and premfum, if anv. and interest-on the Bonds and (b) to Provide for the de Refunded of the Bonds' . POsit of the remaining proceeds in a special account to be used to Day the costs of the Project, refunding the Refunded Bonds and is;uing the Bonds. The City Treasurer is further authori-zed and dire@ted to take all such further action as may be necessary or desirable in connection with the Payment and redemption of the- Refunded Bonds. 14. Redemption of Refundod Bonds. he Manager is authorized and directed to determine which T f City Refunded Re undd 1992 Bonds. 1991C Bonds, Refunded 1991A Bonds, Refunded 1990A Bonds, Refunded 1989A Bonds, Refunded 1988A Bonds, Refunded 1987 Bonds, Refunded 1986 Bonds, Refunded 1978 Bonds and Refunded 1-977B Bonds, if any, shall constitute t @efunded Bonds. The Refunded Bonds' if any, are specificallv a irrevocably called f'or redemption o., th@ first ap@licable da-te" en such Refunaed Bonds are callable prior to maturity. The Escrow Agreement shall proy@de for giv' ing notice of redemption in accordance with the resolutions providing for the issuance of the Refunded Bonds to the registered owners of the Refunded Bonds. 15. Arbitrage Covenants. (a) The City represents that there have not been issued, and covenants that there will not be issu,d, any obligations that will be treated as part of the same obligations as the Bonds within the meaning of the Code. issue of (b) The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the ineaning of Section 148 of the Code and regulations issued pursuant thereto, or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under exi sting laws. Without limiting the generality of the foregoing, the City with any provis' - tsha y ion of law that may require the City a 11 conpO rebate to the United Stat any tie t es any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the city receives an opinion of nationally recognized bond counsel that uch compliance is not required to Drevent interest on the Bonds from being includable in the qross- income of the registered owners thereof under existing law: The City sha 11 pay any such required rebate from its legally available funds. 16. Non-Arbitrage Certificate and Elections. Such officers of the City as may be reque sted are authorized and directed to exec?te an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. 1 4 requested by bond counsel for the city. M Such certificate and elections shall be in such form as ay be 17. Limitation on Private Use. The city covenants that it shall not permit the proceeds of the Bond, to be used in any manner that would result in (a) 5% or more of such proceeds being used in a trade or business carried on by any person other than a govern- mental unit, as provided in Sect-ion 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any out ut facility (other than a facility for the furnishing of watepr), within the meaning of SeCtiOn 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, a, provided in Section 141(C) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such covenants. 18. SNAP Investment Authorization. The City Council has received and reviewed the Information statement (the "Information Statement") describing the State Non-Arbitrage Prc>gram of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the City Council has determined to authorize the City Treasurer to utilize SNAP in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges the Treasury Board of the conlmon- wealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 19. Other Actions. All other actions of officers of the City and the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds and the payment and redemption of the Refunded Bonds are hereby ratified, approved and confirmed. The officers of the city are authorized and directed to execute and deliver all certificates and instrurnents and to take all such further action as may be considered necessary or desirable in connection with the issua-nce, sale and delivery of the Bonds. 20. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 21. Effective Date. This Resolution shall take effect immediately. In no event shall the Bonds be issued unless such issuance is approved by the State Council on Local Debt. 15 The undersigned Clerk of the CitY of Virginia Beach, Virginia, certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the City Council of the City of Virginia Beach, held on the 8th day of march, 1994, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of March, 1994. Clerk (SEAL) virginia A' ""@'C@E@,,ICY-AlrD FQ:lt CITY ATT(',-@'-" 1 6 15 - CONSENT AGENDA ITEM # 37805 Upon motion by Councilman Baum, seconded by Councilman Brazier, City Council ADOPTED. Ordinance to authorize a temporary encroachment into a portion of City property known as the waters of Lake Joyce (4516 Powells Point Road) to Irene Agles re constructing and maintaining a bulkhead (BIYSIDE BOROUGH): 7he following conditions shall be required.- 1. 7he owner agrees to remove the encroachmetit when notified by the City of rirginia Beack at no expense to the City. 2. 7he owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. 7he owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. Ihe owner must obtain an approved waterfront permit from the Development Services Center. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, James W Brazier, Jr., Robert W Clyburn, 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 Absent.- Vice Mayor William D. Sessoms, Jr. March 8, 1994 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF CITY 4 PROPERTY KNOWN AS THE 5 WATERS OF LAKE JOYCE TO 6 IRENE AGLES, HER HEIRS, 7 ASSIGNS AND SUCCESSORS IN 8 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 Irene Agles, her heirs, assigns and successors in title is 14 authorized to construct and maintain a temporary encroachment into 15 city property known as the waters of Lake Joyce. 16 That the temporary encroachment herein authorized is for 17 the purpose of constructing and maintaining a bulkhead and that 18 said encroachinent shall be constructed and maintained in accordance 19 with the city of Virginia Beach Public Works Department's 20 specifications as to size, alignment and location, and further that 21 such temporary encroachment is more particularly described as 22 follows: 23 An area of encroachment into a 24 portion of the City's property known 25 as the waters of Lake Joyce, on the 26 certain plat entitled: "PROPOSED 27 BULKHEAD IN LAKE JOYCE AT 4516 28 POWELLS PT. ROAD, VA. BEACH, VA 29 APPLICANT: IRENE AGLES DATE: AUGUST 30 25, 1993,11 sheets 1 and 2 of 2, 31 copies of which are on file in the 32 Department of Public Works and to 33 which reference is made for a more 34 particular description. 35 PROVIDED, HOWEVER, that the temporary encroachment herein. 36 authorized shall terminate upon notice by the City of Virginia 37 Beach to Irene Agles, her heirs, assigns and successors in title 38 and that within thirty (30) days after such notice is given, said 39 encroachment shall be removed from the City's property known as the 40 waters of Lake Joyce and that Irene Agles, her heirs, assigns and 41 successors in title shall bear all costs and expenses of such 42 removal. 43 AND, PROVIDED FURTHER, that it is expressly understood 44 and agreed that Irene Agles, her heirs, assigns and successors in 45 title shall indernnify and hold harmless the City of Virginia Beach, 46 its agents and employees from and against all claims, damages, 47 losses and expenses including reasonable attorney's fees in case it 48 shall be necessary to file or defend an action arising out of the 49 location or existence of such encroachrnent. 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, PROVIDED FURTHER, that this ordinance shall not be 54 in effect until such time that Irene Agles executes an agreement 55 with the CitY of Virginia Beach enc,mpassing the aforementioned 56 provisions. 57 Adopted by the Council of the CitY of Virginia Beach, 58 Virginia, on the 8 day of March 94 19 59 02/08/94 60 PSD/tga 2 LOCATION MAP BA Y TE n ire & V CT CT 2,690,000 FT Join ADC o@, THIS AGREEMENT, made this day of @zr@@ 19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the fir'st part, and IRENE AGLES, HER HEIRS, 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 bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead, it is necessary that the said party of the second part encroach into a portion of existing City property known as the waters of Lake Joyce; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead within the City's property known as the waters of Lake Joyce. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party@ of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the@ first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's property known as the waters of Lake Joyce for the purpose of constructing and maintaining such bulkhead. It is expressly understood and agreed that such' temporary encroachment will be constructed and maintained in accordance with the laws of the Co-onwealth of Virginia and the City of Virginia Beach, and in accordance with the City of virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to Wit: An area of encroachment into a portion of the city's property known as the waters of Lake Joyce as shown on that certain plat entitled: "PROPOSED BULKHEAD IN LAKE JOYCE AT 4516 POWELLS PT. ROAD, VA. BEACH, VA APPLICANT: IRENE AGLES DATE: AUGUST 25, 1993," sheets 1 and 2 of 2, copieIs11 of which are attached hereto as Exhibit 'A and to which reference is made for a more particular description. it is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as the waters of Lake joyce by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. it is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the city of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence ofl such temporary encroachment. 2 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 tbat specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. it is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. #It is further expressly understood and agreed that the party of the second part must submit and have approved a waterfront application from the Development Services Center before commencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned byl the party of the second part; and if such removal shall not be 3 made within the time ordered hereinabove by this Agr,ement, 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, Irene Agles, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By e City Manager (SEAL) ATTEST: C ty IrE LEG, 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and state aforesaid, do hereby certify that CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the _ day of 19-, hasi acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this - day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 1 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that IRENE AGLES, whose name is signed to the foregoing writing, bearing date the @@l day of y , 19@, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1921. Notary Public My Commission Expires: 6 i,F-xhibil A' PULKHMV a-iw ZO'S TR I P wi@ FVLKFI@T? ro BA) pit4 At -Ti@ roi@ A- 1 72.' 1- 2 ii'i u A- 2 1001. 2-@ 12@ A 13-q n.r A I'Z5 A-C "I PURP@'. ON rAt2 Ar F. V. WATKINS, -JR. i ERTIFICATE N@, ArM HUM&FP- 4672 1;2@E: 1,@- 7- ,3. @@ Z5;,Il@ LY-HeA(2 yow ev @C44 LAL @izirriom 2pxlex8 cr Hr-W "W@ 2. ZNXW iPVLkHrAP 2!501, 0 @A-L-cAur @r- Al- p- pi OY(o, TM @ FA)@WO AW P "@FVDV 15A3"Xlol -AWTAJ" Uwrl L- IL 1- A@ H@@ L 1.@ C-6A @PT @ O.L4 C.r,.A D(15T/?46 LA AJb.S(-A PlIV6 6AJ AbJAte'AJ7- PRbPtl?riE-S I)ISWROEbbUPIA16 SMALL or mErl@LJLbtJSLY IZL'.STZ312LWb Ar @AjrLU51DIJ ISP PKI55LT?r BA(I(PI[L MATERIAL FEAM ijj5LAAjls -N &A, WW Reli- it - I - 93 C)"t AUJ@"T- OW14@@. TIFICATE No HUAJG t P- 4672 KRE3Cr 2 FESS"i@, -2 ce of the City Managcr February 2, 1994 8 Mr. James K. Spore City Manager 4 City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Re: Lake Joyce, Waiver of Reverter Interest 4516 Powel'@s Point Road Dear Jim, As you know, in 1967 the Norfolk City council adopted an ordinance conveying Lake Joyce along with a 20 foot wide strip of land around the lake to the City of Virginia Beach. The deed by which the lake was conveyed contained certain language which required the City of Virginia Beach to use the conveyed property exclusively for public or municipal purposes and provided that the property should not be conveyed, sold or leased and should not be permitted to be used for any other purpose. In the event this condition was breached, the property would revert to Norfolk. Mrs. Irene Agles has requested permission to encroach into the Lake Joyce property adjacent to her residence at 4516 Powells Point Road in order to reconstruct an existing bulkhead. The matter of waiving the City of Norfolk's reverter interest for this encroachment and bulkhead reconstruction was presented to City Council and they offered no objections. Therefore, the City of Norfolk would not consider the requested encroachment by Mrs. Irene Agles, if authorized by the Cily of Virginia Beach, to v,'-Cl.--te the ccndit-o,, in Norfolkl-- deed to Virginia Beach. This position is taken only with respect to the facts set forth herein as it relates to the strip of land situated adjacent to 4516 Powells Point Road, Virginia Beach, Virginia, 23455. This action does not demonstrate or control similar instances, past, present, or future. Sincerely, J C@.e B oliver, Jr. Manager cc: Mrs. Irene Agles 1 101 City Hall Building/Norfolk, Virginia 23501 / (804)441-2471 / Fax. (804)626-0952 16 - CONSENT AGENDA ITEM # 37806 U n on by Counci an Branc bn 14 seconded by Counciltnan Dean, City Counci ADOPTED.- Ordi-nce to RENEW the permit of Oceanfront Watersprts, Inc. for an additional term of five (5) nt r mo hs f 01 MaY 1, 1994, to September 30, 1994, - pr-nal wate-raft yet ski) r@nt-I operation on the Oceanfront at 31st Street (VIRGINL4 BFLCH BOROUC,,,). Voting: 9-1 Council Members voting Aye: John A. Baum, Linwood 0, Branch, III, james W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Joh, D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members voting Nay: Paul J. Lanteigne Council Members Absent,- Vice Mayor william D. Sessoms, jr. March 8, 1994 1 AN ORDINANCE TO RENEW THE PERMIT OF 2 OCEANFRONT WATERSPORTS, INC., TO 3 CONDUCT A PERSONAL WATERCRAFT RENTAL 4 OPERATION AT THE OCEANFRONT 5 WHEREAS, in January of 1989, City Council adopted an 6 ordinance authorizing the City Manager to grant permits/licenses 7 and enter into agreements for the implementation of concepts in the 8 Resort Area identified by City staff as providing additional 9 revenues and being consistent with the City's goal of enhancing the 10 festive atmosphere in the Resort Area; 11 WHEREAS, pursuant to this authorization, city staff 12 developed and advertised a Request for Proposals (RFP) for a permit 13 to conduct a personal watercraft (i.e., jet ski) rental operation 14 on the oceanfront at 31st Street; 15 WHEREAS, as a result of the RFP process, a permit was 16 granted to Oceanfront Watersports, Inc., and the City entered into 17 a Permit Agreement (the "Agreement") with oceanfront Watersports, 18 dated May 29, 1992; 19 WHEREAS, the initial term of the pernit was for five (5) 20 months from May 1, 1992, to September 30, 1992; 21 WHEREAS, the Agreement provides that the permit may be 22 renewed for four (4) additional five-month terms, subject to 23 approval by City Council; 24 WHEREAS, by ordinance adopted January 26, 1993, City 25 council renewed the permit of Oceanfront Watersports, Inc. , for the 26 period May 1, 1993, to September 30, 1993, subject to the terms and 27 conditions set forth in the original Agreement; 28 WHEREAS, Oceanfront Watersports, Inc. , has requested a 29 renewal of its permit for the period May 1, 1994, to September 30, 30 1994; and 31 WHEREAS, the Department of Convention and Visitor 32 Development, which is responsible for oversight of the operation, 33 has reported that Oceanfront Watersports, Inc., conducted a safe 3 4 and successful operation during the 1993 summer season, and has 35 recommended that the permit be renewed for an additional five-month 36 term. 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 That the permit of oceanfront Watersports, Inc., to 40 conduct a personal watercraft rental operation on the oceanfront at 41 31st Street is hereby renewed for an additional term of five (5) 42 months from May 1, 1994, to September 30, 1994, subject to the 43 terms and conditions set forth in the Permit Agreement dated May 44 29, 1992. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 8 day of Mar(h 1994. 47 CA-5491 48 ORDIN\NONCODE\OCEANFT.ORD 49 R-1 50 PREPARED: 02/22/94 ED AS TO CON-@ A F-; 0 V;@;,A ND FO@z,@@ @TY ATTORNEY 2 - 17 - Item III-H.4 CONSEA'T AGENDA ITEM # 37807 Upon motion by Councibnan Baum, seconded by Councilinan Brazier, City Council ADOPTED: Ordinance authorizing Ucense refunds in the amount of $11,096.90 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: Non e Council Members Absent: Vice Mayor William D. Sessona, Jr. March 8, 1994 NO C,@ 6 REV, AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the foliowing applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty int. Total NAME Year Paid Bennette Paint Mfg. Co. Tnc. P.O. Box 9088 1992 Audit 161.96 161.96 Hampton, VA 23670 Brock, Jeffrey D. 1992-93 Audit 632.08 632.08 T/A Mobilvac 5866 Adderley Street Norfolk, VA 23502 Flowmole Corporation 1990-92 Aud@t 1,335.58 1,335.58 22404 66th Avenue South Kent, WA 98032 Cerlified as to Payment Commissioner of the Revenue Aoproved as to form: Le-sli-e L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 2,129.62 were approved by the Council 8 March 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk MR. w c@ s REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CEF;TAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE C@ OF VIRGINIA BEACH. VIRGINIA: That the following applications for license refunds, upon ceitfication of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid virqinia Supermarkets Inc. T/A Timberlake IGA #3100 1993 Audit 1,376.33 2,376.33 P.O. Box 12845 Norfolk, VA 23502 Whitehead, Earnest L. 1990-92 Audit 30.00 30.00 T/A B B B Poor People Repairment H 730 13th Street Virginia Beach, VA 23451 Woodhouse Electric Inc. 1992 Audit 116.18 116.18 P.O. Box 2041 Norfolk, VA 23501 Certified as to Payment .bel P Vagt,., Commissioner of the Revenue AoDroved as to form: te-sli'e L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 2 were approved by the Counci@ of the City of Virginia Beach on the 8 day of March 1)4 Ruth Hodges Smith City Clerk @m NO c@@ 6 RE, AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Affordable Treasures Inc. 1992 Audit 2 5. 28 2 5 . 2 8 328 Alpine Drive Chesapeake, VA 23320 Andrew S. Fink & Associates Inc. 397 Little Neck Road #3400 1992 Audit 111.59 111.59 Virginia Beach, VA 23452 Aubrey Associates Inc. 1991-92 Audit 30.00 30.00 3604 Chamberlayne Court Virginia Beach, VA 23452 Certified as to Payment: evenue Approved as to form: @esfie L Lilie City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 166.87 were approved by the Council of the City of Virginia Beach on the 8- day of March Ruth Hodges Smith City Clerk MR. .0 C . S Rel. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid KPP Tnc. 1992 Audit 54. i8 54. 3 8 T/A Inspirations 1805 Templeton Court virginia Beach, VA 23454 Knight, Louis F. 1992 Audit 133.01 133.01 T/A Baskin Robbins 31 Ice Cream 4909 Brandvwine Drive Virginia Beach, VA 23464 Musselman, R. P., Jr. 1992-93 Audit 116.02 116.02 T/A R P Musselman & Son 621 Edwin Drive Virginia Beach, VA 23462 Certified as to Payment nue Approved as to torm Lesiie L Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 303-41 were approved t)y the Counc of the City of Virginia Beach on the 8 day of illa r c Ii 19 94 Ruth Hodges Smith City Clerk MR. .0 c@, 9 REV. Wu AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Turner & Valentince PC 1991 Audit @@',645. 53 2,645.52 816 Independence Blvd. #3D Virginia Beach, VA 23455 verqakis, Harry M. Etals T/A Northampton Econo 1992-93 Audit 265.77 265.7-,' 5819 Northampton Blvd. Virqinia Beach, VA 23455 Vescio, Margaret A. 1990-93 Audit 60.00 60.00 T/A Executive Soda Shop Executive Screenprinting 805 Coverdale Lane virginia Beach, VA 23452 Certified as to Payment .b , P V.,gta Commissioner of the Revenue Ac)oroved as to form: This ordinance shall be effective frorn dale of adoption. The above abatement(s) totaling $ 2 971 - 30 were approved by the Ccunci of the City of Virginia Beach on the8 day of @la rc h 119 94 Ruth Hodges Smith City Clerk c@ . Ev@ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONR=R OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CFTY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Sherertz Franklin Crawford Stiaffner Iric. 305 Jefferson Street 1990-93 Audit @54.@6 854.76 Roanoke, VA 24011 Sike, Bradley R. 1991-92 Audit. 28.00 28.00 T/A Sike & Associates 2304 Greenwell Court Virginia Beach, VA 23455 Smith, Donald K. 1992 Audit 10.00 10.00 T/A Beach Classics 5440 Old Providence Road Virginia Beach, VA 23464 Certified as to Payment Commissioner of the Revenue AlDc)roved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling 892@-76 were approveci by @e Counci@ Marcli 94 of the City of Virginia Beach on the @ day of 19 - Ruth Hodges Smith City Clerk NO C.1 5 REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE iT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Oceanrand Investment Co. 1992 Audit 1,8411.83 1,842.@33 T/A Arbvs P.O. Box 3369 Youngstown, OH 44152-3369 Preston, John M. 1992 Audit 169.00 169.00 T/A A Aaron Drain Doctor 5533 Larry Avenue virginia Beach, VA 23462 Princess Anne Family Practice Ltd. 1776 Princess Anne Road #D 992-93 Audit 98.60 98.60 Virginia Beach, VA 23456 Certified as to Payment ADc)roved as to form: Le 1,@ L LIley 1--ity Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 2, 110 - 43 were approved by the Council of the City of Virginia Beach on the day c)f Mar( Ii 19 94 Ruth Hodges Smith City Clerk - 18 - item iii-L PUBLIC HEARING ITEAF # 37808 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PL4NNING 1. (a) GREYHOUND LINES INC CONDITIONAL USE PERMIT (b) D W GATLING, INC TIA ALLSAFE SELF STOR4GE CONDITIONAL USE PERMIT (c) McDONALDS CORPORATION CONDITIONAL CHANGE OF ZONING March 8, 1994 - 19 - a. PUBLIC HEARING ITEM # 37809 PLANNING AttOrney R J. Nutter, II, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councibnan Brazier, sece)nded by Councilman Baum, City Council ADOPTED an Ordinance upon application of GREYHOUND LINES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLIC4TION OF GREYHOUND LINES, INC FOR A CONDITIONAL USE PERMIT FOR A PASSENGER TRANSPORTATION TERMINAL R03941882 BE IT HEREBY ORDAINED BY TIIE COUVCIL OF THF CI]y OF WRGINL4 BE,4CH, VIRGINL4 Ordinance upon application of Greyhound Lines Inc., for a Conditional Use Permit for a passenger transportation terminal at the northwest intersection of rirginia Beach Boulevard and Monroe Avenue. Said parcel is located at 876 Virginia Beach Boulevard and contaitis 9,500 square feet more or less. LYNNIL4YEN BOROUGH. 7he following conditions shall be required: 1. No on -street parking of buses will be permiued. 2. Improvements on this site will include replacing the glass front and glass doors on the Portion of the building facing Virginia Beach Boulevard, reconcreting the parking lot and a portion of the site which is currently a gravel lot, and the side of the building facing Monroe Avenue will be repainted Ihe Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance. Adopted by the Council of the Ci of rzrginia Beach, rirginia, on the z@hth o ty f March. Nineteen Hundred ur. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III, James W. Brazier, Jr., Robert W, Clyburt; Robert K Dea@ Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: Non e Council Members Absent: Vice Mayor William D. Sessolm, Jr. March 8, 1994 - 20 - Item III-I.I.b. PUBLIC HFARING ITEM # 37810 PLANNING Attorney P- J. Nutter, 11, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councibnan Jones, seconded by CounciLman Clyburn, City Council ADOPTED an Ordinance upon application of D. W. GATLING, INC., TIA ALLSAFE SELF STORAGE for a Conditional Use Permit.- ORDINANCE UPON APPLICATION OF D. W GATLING, INC, TIA ALL&4FE SELF STOR4GE FOR A CONDITIONAL USE PERMIT FOR A SELF STORAGE FACILITY R03941883 BE IT HEREBY ORDAINED BY THE COUNCIL OF THT, CIIY OF IIIRGINLI BEACH, VIRGINLI Ordinance upon application of D. W Gatling, Inc., TIA Allsafe Self Storage for a Conditional Use Permit for a self storage facility on certain property located on the northwest side of Haygood Road, 600 feet more or less northeast of Crossborough Road Said parcel contains 3.14 acres. B,4Y.SIDE BOROUGII. Ihe following conditions shall be required: 1. 77ie hours of operation will be 7.-00 a.m. to 7.-00 pm. 2. A Stormwater Management Plan will be required 3. Signage on the site will be limited to a sitigle, monument style sign with landscaping as prescribed for free sanding signs in Section 214 of the City of Virginia Beach's Zoning Ordinance. 4. No signage will be permitted on the buildings. 5. 7he proposed mini-warehouse facility will be developed substantially in accordance with the rendering exhibit on file with the Planning Departinent. 6. No outside storage of vehicles, boats, Rvs or other personal property will be permitted Z 77te line of existi?ig crepe myrtles along Crosyborough Road shall be continued along this site. & Category IV landscaping shall be provided along the Eastern, Northern and Western property lines. 9. 7he developer shall install brick and wrought iron fencing along the Eastern and Western property lines. 10. The developer has agreed to work with the 7horoughgoodllfaygood Point and Governor's Square civic leagues on the Stormwater Management Plan, March 8, 1994 - 21 - PUBLIC HEARING ITEM # 37810 (Continued) PL4NNING 7he Ordinance shall be effective in accordance ith Sction 107 (o of the zoning Ordinance. AdoPted by the Council of the City of Virginia Beach, Virgi,,ia, (,n the a et i e - ur. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert W. Clyburn, 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 Absent.- Vice Mayor William D. Sessoms, Jr. March 8, 1994 22 - PUBLIC HEARING ITEM # 37811 PL4NNING Attorney R J. Nutter, II, 4425 COrPOration Lane, Phone: 671-6000, rep--ted the applicant and presented petitions in SUPPORT of the application, which are hereby made a part of the record. 7he following registered in oppoSITION.. Jack A. HenrY, 2376 Court Circle, Phone: 427-1665 Bill Isenhour, 2352 First Settlers Avenue, Phone: 427-6069 RO-ld Mickiewic7, 2344 Court Circle, Phone: 427-3212 Gardn- T. "ite, 2372 Court Circle, Phone: 427-0233, Presented petitions of residents in the CourthO-e Forest Subdivislon In OPPOSITION to th, application. Said petitions are hereby made apart of the record. UPon -tion by Councibnan Dean, seconded by Councilman Moss, CitY COuncil DENIED a, Ordinance up- application of McDONALDS CORPORATION for a Condltloal Change of Zoning.- ORDINANCE UPONAPPLICATION OFMCDONALDS CORPOR,4TION FOR A CONDITIONAL CHANCE OF ZONING DISTR[CT CLeISSIFICATION Ordinance up- application of McDonald', Corpo.tion for a Conditional Change of Zoning District Classifcation from B-1 Business Residential District to B-2 Community Business District on certain Property located on the north side of 1rincess Anne Road beginning at a point 800 feet more or less east of James Madison Boulevard. 7he prop-ed zoning classification change to Community Business is for commercial @ use. 7he Comprehensive Plan recommends use of this parcel for RetaillService use in accordance with other plan policies. Said parcel contains 38,419.92 square feet. PRINCES,5,4NNE BOROUGH. Voting: 7-3 Council Members Voting Aye: J-- W. Brazier, Jr., Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf and Nancy K Parker Council Members Voting Nay: JohnA. Baum, Linwood 0 Branck III, androbert W. Clyburn Council Members Absent.- Vice Mayor William D. Sessoms, jr March 1994 23 - APPOINTMENTS ITEAF # 37812 U NOMINATION by Council P- Lady Parker, City Council APPOINTED: RESORT AREA ADp7soRy COMMISSION Betty C. Wems Unexpired Term 7hru December 31, 1994 Voting: 10-0 Council Members voting Aye: John A. Baum, LinwOOd 0. Branck III, James W. Brazier, Jr., Robert W, Clyb-n, Robert K Dear4 Louis P, Jones, Paul J. Lanteigne, Jhn D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent.- Vzce Mayor William D. Sessotm, jr. March 8, 1994 24 - NEW BUSINESS ITEM # 3 7813 ADD-ON Council Members Dean and Parker, sponsored William Gillian' a resident of Atlantic Park (Seatack Area) who spoke relative illegal dumping of concrete and building materials across the street fi-om his property. Al Henley, Co- Ordinator of Civil Inspections, and Art Shaw, Operations Engineer, advised plans were aPPr-ed for this particular site as a landfill operation in 1985. 7he original plans expired and a stop rk order was issued. Plans were again technically approved in 1990 for a landfill operation Vith certain onsite iinprovements relative storm drainage structures. Concerns of the community andproblems with erosion and sedimentation resulted in further stop work orders. Aere was a violation of wetlands. 77,e applicants resolved this situation and complied to the orders of the Army Corps of Engineers. Reports of inadequate drainage continued from concerned citizens. 77ie owners were in violation of the ErOsion and SegUmentadon Ordinances. A second stop work order was issued and these problems were resolved 7he City staff is continuing to evaluate this project. 7he property owners are to submit "as buift " plans to the Departinent of Planning Development Services Center for review and evaluation prior to March Seventeenth. 7he City is now revising standard contracts to include a Pr-zsion that the contractors dispose of all unnecessary material in an authorized and approved la@ll and violation to that would be a violation of the contract. In some of the contracts, the contractors have been required to submit a plan, in advance for review and approval, of any demolition to show how material would be disposed. Councibnan Dean advised he had contacted the Army Corps of Fngineers itt December, as there was possible infilling of a major tidal marsh. Councibnan Brazier advised the owners of this properly have an application before the Planning Commission relative the establishment of a concrete processing plant. City Council requested a report be submitted, in writing, relative the policy regarding landfills and dumping, whether certain areas are inappropriate according to the Comprehensive Plan to be utilled as landfills and the specific date this material mill be removed from the aforementioned area. Council Members also requested information on two unsightly sites on Military Highway by the Eastern Branch of the EILabeth River and another dump site on the back side of Atlantic Park near the railroad tracks concerning a possible violation. Mayor Oberndorf advised dumping inappropriately in any neighborhood cannot be tolerated and must be closely policed and rectified immediately. March 8, 1994 25 - NEW BUSINESS ITEM # 37814 ADD-ON Councibnan Moss referenced the site for the new Movie Center Complex on Constitution LOop. Hardwood trees are being ha-ested on the land site adjacent to "Planet Music" They are not being c ppedfor ho firewood, but are being carefully stacked, thus entailing a great deal of expense. 77iis should give the City insight as to the Profitability of urban forestry. Councilinan Moss requested infortnation relative the economics of this concept and possible participation by the City. March 8, 1994 - 26 - 3. NEW B USINEss ITEM # 37815 ADD-ON Cou"C"-an Moss referenced his request of Jerald Banagan, City A sessor, re ative Pertaining lo -bdivision by subdivision assessment. s further a,,alysis Councibn- Moss d requested th e men a e the medi depicted ha bo th 1 as an value for 1994-1995 be COuncilm- Moss requested the City Clek provide copies to all Members of city C .. cil. "-e assessm_ts may have a signifca,t impact on the CitY @ five -year budgeti,,g process. March 8, 1994 - 27 - NEW BUSINESS ITEM # 37816 ADD-ON Mayor Oberndorf referenced acknowledgeinent of communication from Senator Stolle and Delegate Wagner regarding Togs on Route 44. Said information was distributed to City Council and is hereby made a part of the record. March 8, 1994 - 28 - Item III-M, 1. ADJOURArMENT ITEM # 37817 Upon -Io,, by Cou,,cbn- Baum and BY CONSENSUV, C'tY COuncil ADJOURNED at 4.-35 PM. Chief Deputy City Clerk ---- --- @ e- -------------------------- Ruth Hodges Smitk CMCIA4E Meyera E. Oberndf)rf City Clerk Mayor City of rzrginia Beach rlrginia AfterAdjourntnent, CitY Council continued the Briefing - CompENSA TION PROGRAM REVREW until 5:15 P.M. March 8, 1994