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JANUARY 10, 1995 MINUTESCits of Virgi i "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SE$SOMS IR At Large JOttN A BAUM Blackwater Borough LINWOOD 0 BRANCtt Ill, V,rDma Beach Borough ROBERT K DEAN Princess Anne Borough W W HARRISON JR Lynnhaven Borough BARBARA M HENLEY Pungo Borough LOUIS R JO~,IES Bavstde Borough JOHn' D MOSS At Large NANCY K PARKER At Large LOUISA M STRAYHORN Kempswlle Borough ]AMES K SPORE C~ty Manager LESLIE L LILLEY C~ty Attorney RUTH HODGES SMITH, CMC / AAE C~tv Clerk CITY COUNCIL AGENDA JANUARY 10, 1995 281 CITY HALL BUILDING MUNICIP4L CENTER VIRGINIA BEACH VIRGINIA 23456 9005 {804l 427 4303 I. CITY MANAGER'S BRIEFING - Council Chamber - 12: NOON ae LONDON BRIDGE ROAD, Extended Ralph Smith, Director of Public Works II. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. CITY COUNCIL CONCERNS D. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Major Tim Carlson, Chaplain First Landing Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - January 3, 1995 Ge PUBLIC HEARING 1. SANDBRIDGE SEWER PROJECT a. Repeal of February 27, 1984 Ordinance b. Interest Participation Agreement with HRSD He RESOLUTIONS/ORDINANCES i · Resolution to authorize the issuance and sale of $46,500,000 General Obligation Public Improvement Bonds, Series of 1995, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof, for various capital improvements. · Resolution of Endorsement to the Commonwealth Transportation Board for transportation enhancement projects located in the City of Virginia Beach. · Ordinance to establish a YOUTH SERVICES COORDINATING COUNCIL for the City of Virginia Beach. · Ordinances re London Bridge Road, Extended (CIP 2-132) to reflect changes in the scope of the project (PRINCESS ANNE BOROUGH): a· TRANSFER $621,224 from Southeastern Expressway Acquisition Pro3ect (CIP 2-089) to London Bridge Road, Extended Project (CIP 2-132). be AUTHORIZE acquisition of property in fee simple including temporary and permanent easements of right-of-way, either by agreement or condemnation. I · CONSENT AGENDA Ail 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. i · · · Resolution to authorize and direct the City Manager to submit an application to become a Program Administrator under the HomeSTART Program· Ordinance to APPROPRIATE $75,000 from the fund balance of the Pendleton Child Service Center Special Revenue Fund to the Pendleton Child Service Relocation Capital Pro3ect (CIP 3-992) re purchasing furniture and equipment. License Refunds in the amount of $9,923.65. J~ PUBLIC HEARING 1. PLANNING a· Application of Royal Court, Inc. for a Conditional Change of Zoning District Classification from 0-2 Office District to A-12 Apartment District on the South side of Wishart Road, 225 feet more or less East of Independence Boulevard, containing 4.286 acres (BAYSIDE BOROUGH). Deferred: December 13, 1994 Recommendation: APPROVAL be Application of E. L. Creech, III for a Conditional Use Permit for mini-warehouses on South side of Harpers Road, 245 feet West of Derby Run, containing 1.6 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of Keith L. Penn-Jones for a Conditional Use Permit for an indoor recreational facility at the Southeast corner of Virginia Beach Boulevard and Horace Avenue (4815 Virginia Beach Boulevard), containing 24,080 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL de Application of Colonial Baptist Church for a Conditional Use permit for a church (expansion) on the West side of Centerville Turnpike, 933.62 feet South of Lynnhaven Parkway (2221Centerville Turnpike), containing 10 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL K. UNFINISHED BUSINESS L. NEW BUSINESS · COUNCIL-SPONSORED ITEMS: a· Resolution to request the General Assembly to AMEND Section 46.2-906.1 of the Code of Virginia by ADDING "localities having a population in excess of 350,000" to the list of localities that may, by ordinance, provide that any person fourteen (14) years of age, or younger, shall wear a protective helmet whenever riding, or being carried, on a bicycle on any highway, sidewalk or public bicycle path. (Sponsored by Councilwoman Louisa M. Strayhorn) b· Military Highway (CIP 3-084) - Consideration of Access Alternatives for Executive Inn. (Sponsored by Council Members Louisa M. Strayhorn and Louis R. Jones) M. ADJOURNMENT * * * * * * * * * 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 Deaf) * * * * * * * * * * 01/05/95 bap AGENDA\01-10-95.PLN MINUTES VIRGINIA BEACH CITY COUNCIL VirgInia Beach, VIrginia January 10, 1995 Vice Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL in the Counctl Chamber, City Hall Building, on Tuesday, January 10, 1995, at 12:00 NOON. Council Members Present. John A. Baum, Linwood O. Branch, III, Robert I(2 Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: John D. Moss Mayor Meyera E. Oberndorf [ENTERED: 1:30 P.M. [ENTERED: 1:58 P.M. SPEECH AT VIRGINIA BEACH SPORTS CLUB] Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, &sclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank, The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before Ctty Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. -2- CITY MANAGER'S BRIEFING LONDON BRIDGE ROAD, Extended 12:00 NOON ITEM # 38719 John Herzke, City Engineer, advised relative London Bridge Road, Extended, CIP 2-132, a design public hearing was held on May 18, 1994, at Kellam High School In addition to City staff and the design consultant, approximately 20 people were in attendance. The majority of those tn attendance expressed strong support for the overall destgn features of the project. Representatives from NAS Oceana requested a segment of Swamp Road be reconstructed to facihtate a smoother and safer alignment for traffic flow into and out of the Naval Base. The Swamp Road/London Bridge Road intersection will be redestgned, so London Bridge Road traffic will yield to the NAS Oceana traffic. One of the property owners, Julian Sawyer, requested entrances onto London Bridge Road, extended. As Mr. Sawyer has no current plans for his property, the City Staff advised they are not recommending this entrance until more definitive development plans are presented. Ruth Brooks Gregory requested in heu of a monetary exchange for acquisition of approximately 0.05 acres, The City swap a parcel of approximately 0.22 acres to be acquired from an adjoining property owner. The approximate value of the 0.05 acres and 0.22 acres is $2,795 and $16,324, respectively. This proposal ts not recommended due to the inequtties of the land values. Heading east on Old London Bridge, there will be no left turn at the Naval Base, only a right turn. Coming south on Swamp Road at the Naval Base, one will only be able to proceed through, not make a right turn. This will be enforced with signage and the geometrtcs will make tt difficult to violate this maneuver. ,4 short westbound left turn lane will be provtded There will still be a traffic signal where Shipps Corner and London Bridge Road come together For the southbound left turn movement, the signal phase will be placed on a very short cycle. The speed hmit will be lowered to 30-35 mph, as this will be an access road for the adjacent properties, not a thoroughfare With the limtted time for turning left, the reduced speed limit and the geometrtc configuration, this shouM prove a reasonable compromise in addressing the concerns Mr. Herzke advised the actual traffic count of 21, 709 for 1994 between Shipps Corner and International Parkway. ,4 1992 count of 27,650, reflects the section between Shipps Corner and Swamp Road. Additional funds in the amount of $621,224 are requested in order to reflect changes in scope of the project to include the reahgnment of Swamp Road at the request of Oceana Naval Air Station January 10, 1995 -3- ITEM # $8720 Vice Mayor William D. Sessorns, Jr., called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 10, 1995, at 12:35 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IcL Dean, William W. Harrison, Jr., Barbara M. Henley, Lou~s R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Absent: John D. Moss and Mayor Meyera E. Oberndorf January I0, 1995 -4- ITEM # 38721 Vice Mayor William D. Sessoms, Jr., entertamed a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS; Discussion or consideration of or tnterviews of prospecttve candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments: Boards and Commissions: Francis Land House PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facdities in the commumty pursuant to Section 2.-344(A) (5) PUBLICLY-HELD PROPERTY. Discusston or consideration of the conclttton, acquisition, or use of real property for pubhc purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Real Estate - Linkhorn Elementary Site Princess Anne Commons LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable htigation, or other spectfic legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit. Towing Ordinance Princess Anne Commons Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent. John D. Moss and Mayor Meyera E. Oberndorf January I0, 1995 -5- FORMAL SESION VIRGINIA BEACH CITY COUNCIL January 10, 1995 2:00 P.M. Mayor Meyera £. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 13, 1994, at 2:00 P.M. Council Members Present. John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Absent' None INVOCATION: Major Tim Carlson, Chaplam First Landtng Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 10, 1995 -6- Item III-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 38722 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identtfied 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, Ltnwood O. Branch, III, Robert K. Dean, Wilham W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Nancy K. Parker, Lomsa M. Strayhorn and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay. None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None Mayor Oberndorf ABSTAINED as she was not in attendance during the EXECUTIVE SESSION. January 10, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM ti 38721, Page No. 4, 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 certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City' Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk January 10, 1995 -7- Item III-F. I. MINUTES ITEM # 38723 Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 3, 1995: Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Louisa M. Strayhorn and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None January 10, 1995 -8- Item III-G.I. PUBLIC HEARING ITEM it 38724 Mayor Oberndorf DECLARED ,4 PUBLIC HEARING: SANDBRIDGE SEWER PROJECT Repeal of February 27, 1984 Ordinance Interest Participation Agreement with HRSD The following registered to speak: Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, represented Friends of Back Bay, spoke in SUPPORT of Alternative 6, which runs a smaller force main (12"to 16"). John B. Gallrgos, Backbay NWR, 40 Sandpiper Road, Phone: 721-2412, Acting Refuge Manager of Back Bay Refuge and spoke in SUPPORT of Alternative 4 and distributed information, which is hereby made part of the record. Admiral Dick Dunleavy, 2220 Sandpiper Road, Phone: 721-3644, spoke in SUPPORT of sewers for Sandbridge. Bernie C. Williams, 2832 Sandpiper Road, Phone: 721-6418, spoke tn SUPPORT of sewers for Sandbridge. Charles A. Earp, 329 Tehl Crescent, spoke tn SUPPORT of sewers for Sandbridge. Maxine Graham, 3057 Sandpiper, Phone: 721-3000, spoke in SUPPORT of sewers for Sandbridge and distributed information relattve her property whtch is hereby made a part of the record. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 10, 1995 -9- Item III-H. 1 RESOLUTIONS ITEM # 38725 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED: Resolution to authorize the issuance and sale of $46,500,000 General Obligation Public Improvement Bonds, Series of 1995, of the C~ty of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof, for various capital improvements. Voting. 11-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None Councilman Moss DISCLOSED pursuant to Section 2.1-639 14(G) of the Code of Virginia, his wife is currently employed by the City of Virginia Beach School Board as a Teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to parttcipate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made apart of the record. January 10, 1995 RI-PF T: \vab\94go\bondreso. 002 1/4/95 At a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on the 10th day of January, 1995, at the time and place established by the City Council for such meetings, and at which the following members were present and absent: PRESENT: John A. Baum L~nwood O. Branch, III Robert K. Dean Will~am W. Harrison, Jr. Barbara M. Henley Lou~s R. Jones John D. Moss Mayor Meyera E. Oberndorf Nancy K. Parker V~ce Mayor W~ll~am D. Sessoms, Jr. Louisa M. Strayhorn ABSENT: 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: MEMBER John A. Baum Aye Linwood 0. Branch, III Aye Robert K. Dean Aye Will~am W. Harrison, Jr. Aye Barbara M. Henley Aye Lou~s R. 3ones Aye John D. Moss Aye Mayor Meyera E. 0berndorf Aye Nancy K. Parker Aye Vice Mayor W~lliam D. Sessoms, Jr. Aye Louisa M. Strayhorn Aye VOTE RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $46,500,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1995, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHO- RIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of $40,200,000 of bonds of the City of Virginia Beach, Virginia (the "City"), was authorized by an ordinance adopted by the Council of the City (the "City Council") on November 23, 1993, without being submitted to the qualified voters of the City, for the purposes and in the amounts shown below, none of which bonds have been issued and sold: School projects, including planning, design, site acquisition, construction, renovation, expansion, equipping, and furnishing of schools and related facilities $31,783,734 Road projects, including design, planning site acquisition, construction, improvements, and landscaping of roadways and bridges 820,000 Economic and Tourism projects, including design, site acquisition, planning, expansion, construction, improvements, and landscaping of property and capital improvements 2,500,000 Virginia Marine Science Museum Expansion project, including planning, design, construction, renovation, expansion, equipping, and furnishing of the Virginia Marine Science Museum expansion 4,971,266 Building projects, including planning, design site acquisition, construction, renovation, expansion, equipping, and furnishing of city and related facilities including a juvenile detention center 125,000 TOTAL $40,200,000; and WHEREAS, the issuance of $48,818,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 1994, without being submitted to the qualified voters of the City, for the purposes and in the amounts shown below, none of which bonds have been issued and sold: School projects, including planning, design, site acquisition, construction, renovation, expansion, equipping, and furnishing of schools and related facilities $23,034,579 Road projects, including design, planning site acquisition, construction, improvements, and landscaping of roadways and bridges 11,142,295 Economic and Tourism projects, including design, site acquisition, planning, expansion, construction, improvements, and landscaping of property and capital improvements 1,086,009 Virginia Marine Science Museum Expansion project, including planning, design, construction, renovation, expansion, equipping, and furnishing of the Virginia Marine Science Museum expansion 11,910,617 Building projects, including planning, design, site acquisition, construction, renovation, expansion, equipping, and furnishing of city and related facilities 1,644,500 TOTAL $48,818,000; and WHEREAS, the issuance of $1,982,000 of bonds of the City was authorized by an ordinance adopted by the City Council on June 14, 1994, without being submitted to the qualified voters of the City to finance the expansion of the Seatack Community Center, none of which bonds have been issued and sold; and Wq4R. REAS, the issuance of $8,000,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 1994, without being submitted to the qualified voters of the City to finance road, highway and bridge improvements, none of which bonds have been issued and sold; and WHEREAS, the City Council has determined it is in the City's best interest to issue and sell the $28,250,000 of the bonds authorized in 1993 for various public improvements, $15,750,000 of bonds authorized on May 10, 1994, for various public improvements, $500,000 of the bonds authorized on June 14, 1994, for expansion of the Seatack Community Center and $2,000,000 of the bonds authorized for road, highway and bridge improvements; and Wq4RREAS, 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 bonds in the principal amount of $46,500,000; BE IT RESOLVED BY THE CITY COUNCIL 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 bonds of the City in the principal amount of $46,500,000 (the "Bonds") to provide funds to finance, in part, the cost of the various public, school, road and highway improvements and costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series of 1995," shall be in registered form, shall be dated January 15, 1995, shall be in denominations of $5,000 and multiples thereof, and shall be numbered R-1 upward. The issuance and sale of the Bonds are authorized at an interest cost and at a price as shall be satisfac- tory to the City Manager; provided, however, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 7.5%, taking into account any original issue discount or premium, and (b) shall be sold to the purchaser at a price not less than 99% of the principal amount thereof. The Bonds shall mature or be subject to mandatory sinking fund redemptions in installments on September 1 in years and amounts, as follows: Year ~mount Year Amount 1995 $2,325,000 2005 $2,325,000 1996 2,325,000 2006 2,325,000 1997 2,325,000 2007 2,325,000 1998 2,325,000 2008 2,325,000 1999 2,325,000 2009 2,325,000 2000 2,325,000 2010 2,325,000 2001 2,325,000 2011 2,325,000 2002 2,325,000 2012 2,325,000 2003 2,325,000 2013 2,325,000 2004 2,325,000 2014 2,325,000 At the time of sale, the City Manager may provide for consecutive annual principal amounts of the Bonds to be combined into not more than two term Bonds (the "Term Bonds"). Each Bond shall bear interest from January 15, 1995, at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day-year and a 3S-day-month, and payable semian- nually on each March 1 and September 1, beginning September 1, 1995. Principal and premium, if any, shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar, as hereinafter defined. 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 fifteenth day of the month preceding each interest payment date. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. 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 ("DTC"), 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 and authenticate and deliver certificated bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; 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 certifi- cated Bonds, the chief financial officer shall be entitled to rely on the records of the Securities Depository as to the 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 7. 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) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securi- ties Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records 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. 3. Redemption Provisions. Bonds maturing on or before September 1, 2004, are not subject to redemption prior to maturity. Bonds maturing on or after September 1, 2005, are subject to redemption prior to maturity at the option of the City on or after September 1, 2004, in whole or in part at any time, 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 .... (Both Dates Inclusive) Redemption Price September 1, 2004, to August 31, 2005 September 1, 2005, to August 31, 2006 September 1, 2006, and thereafter 102% 101 100 Term Bonds, if any, are required to be redeemed in part before maturity by the City on September 1 in years and amounts as determined at the time of sale, at a redemption price equal to the principal amount of the Term Bonds to be redeemed, plus accrued interest to the redemption date. 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 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. 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. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of its Clerk or Deputy Clerk, 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 authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 5. 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: Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED No. R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond Series of 1995 INTEREST RATE MATURITY DATE % 1, REGISTERED DATED DATE CUSIP January 15, 1995 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 March 1 and September 1, beginning September 1, 1995, at the annual rate stated above calculated on the basis of a 360-day-year and a 30-day-month. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of $46,500,000 General Obligation Public Improvement Bonds, Series of 1995, 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 November 23, 1993, May 10, 1994, and June 14, 1994, and a resolution adopted by the City Council on January 10, 1995, to finance various public, school, road, highway and bridge improvements and to pay costs of issuance of the bonds. The bonds maturing on or before September 1, 2004, are not subject to redemption prior to maturity. Bonds maturing on or after September 1, 2005, are subject to redemption prior to maturity at the option of the City on or after September 1, 2004, in whole or in part at any time, 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 (Both Dates Inclusive) . Redemption Price September 1, 2004, to August 31, 2005 September 1, 2005, to August 31, 2006 September 1, 2006, and thereafter 102% 101 100 Bonds maturing on September 1, ~, are required to be redeemed in part before maturity by the City on September 1 in the years and amounts set forth below, at a redemption price equal to the principal amount of the bonds to be redeemed, plus accrued interest to the redemption date: Year Amount Year Amount 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 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 hereof. If a portion of this bond is called for redemption, a new bond in principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal of and premium, if any, and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. Ail acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated January 15, 1995. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia (SEAL) Mayor, City of Virginia Beach, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: · · · · · · : · the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. (Signature of RegiStered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlarge- ment or any change whatsoever. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the city Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or 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. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and exchange of Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, at its corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the 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 of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" 10 or "Canadian" interest cost, subject to the limitations set forth in paragraph 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final interest rates and the purchase price of the Bonds. The actions of the City Manager in selling the Bonds shall be conclu- sive, and no further action shall be necessary on the part of the City Council. 9. Notice of Sale. The city Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale attached hereto, which is approved, provided that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, copies of which have been provided to the members of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropri- ate. After the Bonds have been sold, the City Manager, in collabo- ration 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. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the city, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15c2-12 of the Securities and Exchange Commission, except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to such Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the city, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 11 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded, 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 therefor. 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the 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 existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the city receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds being used in a trade or business carried on by any person other than a govern- mental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. SNAP Investment Authorization. The City Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program 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 12 Bonds, if the City Manager and the Director of Finance, in consultation with the City Treasurer, determine that the utiliza- tion of SNAP is in the best interest of the City. The City Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 17. 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 are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 18. Repeal of Conflicting Resolutions. Ail resolutions or parts of resolutions in conflict herewith are repealed. 19. Effective Date. immediately. This Resolution shall take effect 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 10th day of January, 1995, 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 , 1995. (SEAL) Clerk, City of Virginia Beach, Virginia 13 /,?~?.VED .AS TO LEGAt AND FORM DRAFT NOTICE OF SALE City of Virginia Beach, Virginia GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIFg OF 1995 Sealed bids will be received by the City of Virginia Beach, Virginia (the "City'), until 11:00 a.m., Local Time on Wednesday, Sanuary 18, 1995 (the "Date of Sale"), at the Office of the City Manager, Virginia Beach Municipal Center, City Hall Building, Virginia Beach, Virginia 23456, for the purchase of $46,500,000 General Obligation Public Improvement Bonds, Series of 1995 (the 'Bonds"), described herein. Immediately thereafter, the bids will be publicly opened and announced, and the City Manager will act upon the bids by 2:00 p.m. The Bonds will be general obligation bonds of the C~ty dated January 15, 1995, and will mature serially on September 1 in the years and amounts shown below. Due September I Amount Due September 1 Amount 1995 $2,325,000 2005 $2,325,000 1996 $2,325,000 2006 $2,325,000 1997 $2,325,000 2007 $2,325,000 1998 $2,325,000 2008 $2,325,000 1999 $2,325,000 2009 $2,325,000 2000 $2,325,000 2010 $2,325,000 2001 $2,325,000 2011 $2,325,000 2002 $2,325,000 2012 $2,325,000 2003 $2,325,000 2013 $2,325,000 2004 $2,325,000 2014 $2,325,000 Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions Bidders may provide m the bid form for all of the Bonds to be issued as serial Bonds or may designate consecutive annual principal amounts of the Bonds to be combined rote up to two term Bonds. In the event that the bidders choose to specify a term bond, each such term bond shall be subject to mandatory sinking fund redemption commencing on September 1 of the first year which has been combined to form such term bond and continuing on September 1 m each year thereafter untd the stated maturity of that term bond. The amount redeemed in any year shall be equal to the pnnc~pal amount for such year set forth m the amortization schedule above. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the Bonds of the maturity being redeemed. Description of the Bonds; Book Entry Only System The Bonds wall be issued by means of a book entry system with no &stribution of physical Bond certfficates made to the pubhc. One Bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC'), or ~ts nominee, and ~mmobihzed in ~ts custody. The book entry DRAFT system vail evidence beneficial ownership of the Bonds in principal amounts of $5,000 or multiples thereof, vath transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Bond certificates registered in the name of Cede & Co. vail be deposited w~th DTC. Interest on the Bonds will be pa~d semiannually on March 1 and September 1, beginning September 1, 1995, and principal on the Bonds wdl be paid annually on September 1, to DTC or its nominee as registered owner of the Bonds. Transfer of pnncipal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable nohce to the City. Under such circumstances, in the event that a successor securitie~ depository is not obtained, Bond certificates are required to be prepared, executed and delivered. The City may decide to d~sconttnue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, e~ther a successor depository wdl be selected by the C~ty or Bond cerhficates wall be prepared, executed and delivered. Redemption The Bonds that mature on or before September 1, 2004 are not subject to redemption prior to their stated maturities. The Bonds that mature on and after September 1, 2005, will be subject to redemption beginning September I, 2004, in whole or m part at any hme, at the option of the City, 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 redemphon date: Period During Which Redeemed (both dates inclusive) Redemphon Price September 1, 2004 to August 31, 2005 .......... September 1, 2005 to August 31, 2006 .......... September 1, 2006 and thereafter ................... 102 % 101 100 If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City's cluef financial officer m such manner as may be determined to be in the best interest of the C~ty. If less than all of the Bonds of a particular maturity are called for redemption, DTC or any successor securities depository will select the Bonds to be redeemed pursuant to its rules and procedures, or ff the book entry system is d~scontinued, wall be selected by the Registrar by lot m such manner as the Registrar m its discretion may determine. In e~ther case, each portion of the $5,000 principal amount ~s counted as one Bond for such purpose. The City will cause nohce of the call for redemption identifying the Bonds or porhons thereof to be redeemed to be sent by facs~rmle transnussion, registered or certified mad or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or ~ts normnee as registered owner thereof. The City shall not be responsible for marling nohce of redemphon to anyone other than DTC or another qualified securities depository or its nonunee unless no quahfied securities depository ~s the registered owner of the Bonds. If no quahfied secunhes depository or ~ts normnee ~s registered owner of the Bonds, notice of redemption shall be marled to the registered owners of the Bonds. If a portion of a Bond ~s called for redemption, a new Bond in principal amount equal to the unredeemed portion shall be issued to the registered owner upon the surrender thereof. DRAFT The Bonds will be general obligations of the C~ty, secured by a pledge of the City's full faith and credit and unlimited taxing power. Bidding Rules; Award of Bonds Bidders may only bid to purchase all of the Bonds. Bidders are invited to name the rate or rates of interest per annum which the Bonds are to bear in multiples of one-twentieth (1/20th) or one-eighth (l/Sth) of one percent. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that the (a) highest rate of interest may not exceed the lowest rate of interest by more than 4 percentage points, Co) highest rate of interest stated for any maturity may not exceed 8 % per annum and (c) the rate of interest on any single maturity shall not be less than the rate on any prior maturity. No bid for less than 99 % of par shall be considered. The City reserves the right to reject any or all bids and to reject any bid not complying with this Notice of Sale and, so far as permitted by law, to waive any irregularity or informality w~th respect to any bid. Unless all bids are rejected, the Bonds w~ll be awarded to the bidder complying with the terms of this Notice of Sale and submitting a bid which provided the lowest "true" or "Canadian" interest cost to the City. True (Canadian) interest cost will be determined for each bid by doubling the semiannual interest rate, compounded semiannually, necessary to discount the debt service payments to the date of the Bonds and the price b~d, excluding interest accrued to the date of delivery of the Bonds. If more than one bid offers the same lowest true (Canadian) interest cost, the successful bid will be selected by the City Manager by lot. Each bidder shall include in ~ts bid a statement of the True (Canadian) interest cost offered m ~ts bid computed at the interest rate or rates stated in the Official Bid Form in accordance with the above method of calculation (computed to six decimal places) but such statement will not be deemed to be part of the bid. Good Faith Deposit Each bid must be enclosed m a sealed envelope, marked on the outside 'Bid for the City of Virginia Beach, Virginia, General Obligation Pubhc Improvement Bonds, Series of 1995,' and should be addressed to the City Manager, c/o Office of City Manager, Virginia Beach Municipal Center, City Hall Budding, Virginia Beach, Virginia 23456. Each bid must be unconditional and must be accompamed by a certified or cashier's check for $465,000 drawn upon an incorporated bank or trust company authorized to transact business in the Commonwealth of Virginia or in the City of New York and payable uncondmonally to the order of the C~ty of Virginia Beach, Virginia, to secure the City against any loss resulting from the failure of the successful bidder to comply with the terms of its bid. The check of the successful bidder will be deposited and credited toward the purchase price, and no interest will be allowed thereon to accrue to the benefit of the successful bidder. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be returned promptly upon award of the Bonds. In lieu of the check described above, the deposit may be in the form of a Financial Surety Bond in the amount of $465,000 payable to the City. The Financial Surety Bond must be from an insurance company acceptable to the City and licensed to issue such a bond in the Commonwealth of Virginia, and such Financial Surety Bond must be subrmtted to the City prior to the opening of the bids and must be m a form acceptable to the DRAFT City. The Financial Surety Bond must identify each bidder whose deposit Is guaranteed by such Fimmcial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then such successful bidder is required to submit its deposit to the City in the form of a cashier's check or certified check or wire transfer not later than 11:00 A.M. local time on the next business day following the award. If such deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the deposit requirement. Delivery of the Bonds The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of DTC on or about February 7, 1995. The successful bidder will be provided with the usual closing documents, including (1) a certificate signed by the City officials who signed the Bonds stating that no litigation is then pending, or to their knowledge, threatened to restrain or enjoin the issuance or delivery of the Bonds or the levy or collection of taxes to pay principal of or premium, if any, or interest thereon or in any manner questioning the proceedings and the authority under which the Bonds are issued and (2) a certificate signed by appropriate City officials relating to the Official Statement. Certificate of Winning Bidder The successful bidder must, by facsimile transmission or overnight delivery received by the City within 24 hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official Statement in final form, as described below: A. The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any accrued interest.) B. Selling compensation (aggregate total anticipated compensation to the underwriters expressed m dollars, based on the expectation that all Bonds are sold at the prices or yields described m Subpart A above.) C. The identity of the underwriters if the successful bidder is a part of a group or syndicate. D. Any other material informahon necessary to complete the Official Statement in final form but not known to the City. Prior to delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds at the initial public offering prices set forth in such certificate and that a substantial amount of the Bonds of each maturity were sold to the public (excluding bond houses, brokers and other intermediaries) at such initial public offering prices. Such certificate shall state that (1) it Is made on the best knowledge, reformation and belief of the successful bidder and (2) 10% or more m par amount of the Bonds of each maturity was sold to the public at the imhal public offenng price (such amount being sufficient to establish the sale of a substantial amount of the Bonds). DRAFT CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the initial assignment and printing of CUSIP numbers shall be paid by the City. Official Statement The City wall furnish the successful bidder at the expense of the City up to 500 copies of the final Official Statement within seven business days from the date of the award of the Bonds, as specified in Rule 15c2- 12 of the Securities and Exchange Commission ("SEC") and the rules of the MSRB provided that minor delays in furnishing such final Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds. Additional copies wall be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of any copies of the Official Statement to anyone other than the successful bidder. Legal Opinion The approving opinion of Hunton & Williams, Richmond, Virginia, with respect to the Bonds will be furmshed to the successful bidder at the expense of the City and will state that the Bonds constitute valid and legally binding obligations of the City and that its Council is authorized and required by law, unless other funds are lawfully avadable and appropriated for timely payment of the Bonds, to levy and collect an annual ad valorem tax, without limitation as to rate or amount, on all locally taxable property m the City sufficient to pay the principal of and premium, ~f any, and interest on the Bonds as the same become due. Tax Exemption The Official Statement relating to the Bonds contains a discussion of the effect of the Internal Revenue Code of 1986, as amended, on the exclusion from gross income of interest on the Bonds and a discussion of the opinion of Hunton & Wllhams insofar as it concerns such exclusion. Additional Information For further information relating to the Bonds and the City, reference is made to the City's Preliminary Official Statement. The City has deemed the Preliminary Official Statement to be final as of its date within the meaning of Rule 15c2-12 of the SEC, except for the omission of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. Bidders are requested to use the Official Bid Form which, together with the Preliminary Official Statement, may be obtained from the City's financial advisors, Government Finance Associates, Inc., 71 Broadway, Suite 1301, New York, N.Y. 10006 (telephone 212-809-5700), and Government Finance Group, Inc., 4350 N. Fa~rfax Dr., Suite 410, Arlington, VA 22203 (telephone 703-528-5785.) CITY OF VIRGINIA BEACH, VIRGINIA By: James K. Spore City Manager City of Virginia Beach, Virginia Sealed bids must be submitted by 11:00 am January lB, 1995 OFFICIAL BID FORM City Manager Office of the City Manager Virginia Beach Municipal Center City Hall Building Virginia Beach, Virginia 23456 Dear Sir: On behalf of the group listed below and pursuant to the terms and conditions of sale listed in the City's Notice of Sale, wc offer to purchase thc $46,500,000 General Obligation Public Improvement Bonds, Scrica of 1995 (the "Bonds") of the City of Virginia Beach, Virginia, dated January 15, 1995. This offer is made for all of the Bonds and for not less than all, maturing on September I in the years shown below. The schedule of maturities and interest rates upon which th~s bid is based are as follows: Maturity Amount Rat...e Maturity Amount 1995 $2,325,000 2005 $2,325,000 1996 $2,325,000 2006 $2,325,000 1997 $2,325,000 2007 $2,325,000 1998 $2,325,000 2008 $2,325,000 1999 $2,325,000 2009 $2,325,000 2000 $2,325,000 2010 $2,325,000 2001 $2,325,000 2011 $2,325,000 2002 $2,325,000 2012 $2,325,000 2003 $2,325,000 2013 $2,325,000 2004 $2,325,000 2014 $2,325,000 Ratg. (CROSS OUT THE SERIAL BOND MATURITIES BEING BID AS TERM BONDS ) Term Bonds (Optional - No More Than Two Term Bonds) First Year of Mandator~ Red. gm~io~ Year of Maturity Total principal Amounts (LEAVE BLANK IF NO TERM BONDS ARE SPECIFIED) Interest Rate We will pay $ which ~s not less than $ or 99% of par (representing a discount of $ }, plus accrued interest from the date of the Bonds to the date of delivery and will accept dehvery of the Bonds by means of a book-entry system at The Depository Trust Company, New York, N Y. Please indicate the appropriate choke: We have posted a surety bond in the amount of $465,000. If awarded the bid, we will deliver $465,000 in good faith money by 1 i 00 a m on January 19, 1995 or the City will draw upon the surety bond and apply it in accordance with the Notice of Sale against any loss resulting from the successful bidder failing to comply with the terms of this bid We enclose a certified or cashier's check for $465,000 drawn upon an incorporated bank or trust company and payable unconditionally to the order of the City of Virginia Beach, Virginia, which is to be applied in accordance with the Notice of Sale against any loss resulting from the successful bidder failing to comply with the terms of this bid The good faith money wall be deposited and credited on the purchase price, and no interest wall be credited thereon The procexds of the check wall be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds Checks of unsuccessful bidders wall be returned promptly upon award of the Bonds Respectfully submitted, .(Name of B~dder, Authorized Signature) (Name/T~tle of Contact Person) (Telephone Number) The good faith check has been returned and receipt thereof ~s duly acknowledged NO ADDITION OR ALTERATION, EXCEPT AS PROVIDED ABOVE, SliOULD BE MADE TO THIS BID (NOTE - The following is stated for information only and is not part of this bid The Tree Interest Cost of this bid, calculated from the dated date of the Bonds, is % (to six decimal places), and the total amount of interest payable net of accrued mterest on the Bonds is $ A list of the members of our syndicate is attached ) Summary of General Obligation Bond Authorizations Total Proposed 1995 1993 Charter Bonds 1994 Charter Bonds 1994 Road Bonds TOTALS Remaining Authorization Bond Sale Balane~ $40,200,000 $28,250,000 $11,950,000 54,800,000 16,250,000 38,550,000 8,000,00Q 2,000,000 _6,000,000 $103,000,000 $46,500,000 $56,500,000 DEC-16-199~ 09:~5 GFA 212 809 6~17 P.02 Government F~nance A~soclates, Ina. 71 Bro~dw~, Sula 1301 New York, New York 10006 (212) 8O947OO lrAX (212) ~P~6317 December 16, 1994 TO: FROM: SUBJECT: PATRICIA A. PHILLIPS DIRECTOR OF FINANCE CITY OF VIRGINIA BEACH GOVERNMENT FINANCE ASSOCIATES, INC. IMPORTANT FACTORS TO CONSIDER IN THE TIMING OF THE NEXT CITY GENERAL OBLIGATION BOND ISSUE You have requested our perspective on various matters that should be considered in connection with the timing of the City's next general obligation bond sale. At present, the City anticipates a sale of general obligation bonds in mid- January, 1995. You have asked our opinion whether this date should be changed, based upon our viewpoint for the direction of interest rates. At the outset, it is appropriate to emphasize that no one can know, with even modest certainty, the precise course of interest rates or can give the City comfort as to the level of interest rates over the next several months. Nonetheless, there are several factors that should be examined and commentary made that will help establish the context in which to evaluate the timing alternatives for the City with respect to the issuance of the next City bond sale. INTEREST RATE CHANGES: The market has experienced steadily rising interest rates over the last year. For Virginia Beach, we use, as a proxy for changing interest rates that would be applicable to the City, the Il-Bond GO Index; this index reflects general obligation, tax-exempt bonds maturing in 20 years, with a rating roughly equivalent to double-A, the rating enjoyed by the City. The index is published weekly by THE BOND BUYER. Over the last year, the quarterly changes (the Index is published every Thursday, so that the following, while approximate, is not precisely on a quarterly basis) have been, as follows: December 9, 1993: March 3, 1994: June 30, 1994: September 1, 1994: December 1, 1994: 5.23% 5.76 6.00 6.09 6.79 DEC-16-1~9~ 09:56 G~A 212 809 6317 P.O~ Goverarneat Finance Ass,x-htrj, inc, Over the last year, there has been an increase of 156 basis points in the index. Nevertheless, it would be instructive to put the current interest rate environment in the context of the annual high points for the ll-Bond GO Index for each of the last fifteen years: 1994 6.94% 1993 6.10 1992 6.67 1991 7.04 1990 7.42 1989 7.62 1988 7.85 1987 9.05 1986 8.24 1985 9.74 1984 10.95 1983 9.86 1982 13.05 1981 12.89 1980 10.08 At current levels, compared against the high points over the last fifteen years, the relative cost of capital to Virginia Beach would currently be moderate, from an historical perspective. PROSPECTIVE INTEREST RATES: Of course, the direction of interest rates will depend largely on the trend in the nation's economy. Over the last year, economic indicators have generally shown significant improvement, reflected across virtually all sectors. This condition stands in stark contrast to the recession affecting the country in the early 1990's. For example, the ll-Bond GO Index fell to a low of 5.10% in 1993, illustrative of the nation's dampened economic picture. In order to control the expanding economy over the last year so that inflation would be contained, the Federal Reserve has routinely increased the bank discount rate and Fed funds rate. In response to these tightening actions by the Federal Reserve, interest rates have risen over the intervening period, as indicated above. While conventional wisdom is not always correct, many market professionals now believe that long-term rates (i.e., those beyond twenty years) are near the top of the cycle. This viewpoint is based on a conclusion that the Federal Reserve has shown that long-term inflation will be kept under control; in fact, over the last several weeks, the credit market has actually witnessed a slight drop in very long-term rates. -2- I DEC-16-i99d 0~:57 GF~ 2i2 B09 6317 P.04 Government Finance Associates, inc. Many market observors are suggesting that these rates will drop further by the end of 1995. The scenario for possible improvement in very long-term rates does not apply, according to our perspective, for the short and intermediate term maturities. As recently as last week, Federal Reserve Chairman Greenspan suggested that the Fed was not finished with increasing rates. Regarding the condition of the nation's economy, he told the Congressional Joint Economic Committee that "there is very little evidence throughout this economy of any degree of slowdown." In response to the idea that the American economy was now less susceptible to inflation, Greenspan stated: "If we ignore experience, we would be taking unacceptable risks of higher inflation, economic and financial instability and ultimately subpar economic performance over time." The market took his comments to mean more rate hikes, possibly beginning this week, although more likely in January or February. We would expect these increases by the Federal Reserve to have more effect on short and intermediate maturities, which nonetheless will increase the cost of capital for borrowers. In summary, in the absence of an unexpected and significant economic slowdown, we do not expect interest rates to decline over the next several months. Indeed, it is very possible that overall interest rates will not drop across the board until late calendar 1995, if not calendar 1996. AVERAGING OF COST OF CAPITAL: Generally speaking, there is a principle that is often followed by regular issuers of long-term debt, which would include the City of Virginia Beach - that is, for frequent sellers of securities with continuing capital requirements, it is best to average the cost of capital over time. Without following this approach, there is always the danger that an issuer will attempt to outsmart the market, delaying the issuance of debt until it becomes mandatory to sell, often having to issue a large amount of bonds at the wrong time. Of course, Virginia Beach should take actions so that it arranges its sales at times that do not coincide with very high interest rates, but at this point, the City is not facing comparatively high interest rates, except in the context of the low rates of the early 1990's. EFFECT OF ORANGE COUNTY BANKRUPTCY: Last week, the municipal market was shaken by an announcement that Orange County, California, one of the largest counties in the country and rated as a high double-A credit, faced at -3- DEC-16-i'~ ~ -]? Government Finance A~soclate~, lac. least $1.5 billion in losses in its investment portfolio, creating major cash flow and related problems for itself and local participants in the County's investment pool. On Tuesday, the County filed for bankruptcy, which represented the first time in modern history that a local government of this size, certainly rated in an excellent investment grade category, has successfully sought protection under the bankruptcy laws. The markets were roiled by the event~, with many participants evaluating most of last week their exposure to the situation. It is difficult to anticipate the period of time that this occupation with Orange County will distract the markets, but we do not expect the markets to run normally for a number of days, possibly extending for weeks. At least two long-term effects will occur as a result of the Orange County bankruptcy. First, since the County enjoyed a high credit rating, we can expect the market to narrow the spreads between high and lower rated borrowers. Second, we expect that more investors will pursue debt that has external credit support, such as bond insurance or letters of credit. By the time the City sells in January, 1995, if it chooses this time, the more immediate, residual effects should have dissipated. EFFECT OF JANUARY, 1995 SALE: At present, the City is scheduled to sell it next bond issue in mid-January. Disregarding the matter of interest rate trends, there are at least two structural factors that support the sale of the City debt at that time. First, January i is ~ date when a number of bond redemptions are completed, w~.th substantial amounts of cash becoming available in the tax- exempt market. Second, at the end of every calendar year, a very large number of investors accomplish year-end tax and profit/loss adjustments, including the sale of municipal obligations. During January, many of these investors re- establish their positions in comparable securities, again resulting in a comparatively high number of tax-exempt security purchases at the time. These structural considerations have been part of the decision process that led to the determination that a January sale could work to the benefit of the City. SUFFICIENCY OF CASH: The City benefits from an enviable amount of cash reserves, which could allow the City to postpone its sale. Of course, it is not, at present, known how long the City would remain in cash before interest rates decline to a level that could possibly equal those that existed in the early 1990's. Of course, a potential problem consists of the prospects foF steadily rising interest rates, which could mean that the City -4- Government Finance Associates, Inc. will have to sell debt at a rate higher than today should the cash drop to a level that requires bond funding or if the City were required, for any reason, to liquidate meaningful amounts of cash reserves. In addition, through the use of cash reserves, the City could experience a decline in investment earnings. PREFERENCE FOR JANUARY, 1995 SALE DATE: There are two realistic alternatives to pursue at present in the timing of its next general obligation bond sale. First, the City could delay the sale, using cash on hand, until interest rates drop to their early 1990 levels. Second, the City could move ahead with its January, 1995 sale date. We recommend following the second approach for the following reasons: 1. It is simply not possible to predict precisely when interest rates will begin to decline. 2. The Federal Reserve is expected to continue to raise rates over the near future, possibly extending for at least several months. 3. January has been a favorable month itl which to sell bonds, as result of sizeable redemptions and the completion of end- of-the-year tax planning. 4. From an historical perspective, the current interest rate environment is not unfavorable: thus, if Virginia Beach, as a regular issuer of large amounts of debt, were to average its cost of borrowing, then the rate at which it would now sell debt is reasonable and moderate. 5. Should the City sell in January, Virginia Beach would not be required to utilize its cash reserves for funding capital projects, with the various problems that could be created, including diminution of operating reserves, reduced financial flexibility and investment returns, and even higher rates when the City does sell than currently exist. We hope that the above meets your requirements regarding this subject. If any clarification or additional information is needed, please do not hesitate to contact us. -5- TOTAL P. L~F~ Pla!A TOTRL P.02 - 10 - Item III-H.Z RESOLUTIONS ITEM # 38726 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED, AS REVISED*: Resolution of Endorsement to the Commonwealth Transportation Board for transportation enhancement projects located in the Ctty of Virginia Beach. (*include Ferry Plantatton Site and billboard acquisttion on Shore Drive) Voting. 8-0 Council Members Voting Aye: John .4. Baum, Robert K. Dean, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr, and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. Linwood 0 Branch, III, William W. tlarrtson, Jr. and John D. Moss January 10, 1995 i RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH TRANSPORTATION BOARD FOR THE ATTACHED LIST OF TRANSPORTATION ENHANCEMENT PROJECTS LOCATED IN THE CITY OF VIRGINIA BEACH WHEREAS, the Virginia Department of Transportation, along with the Virginia Department 5 of Rail and Public Transportation and the Federal Highway Administration, has announced the availability of Transportation Enhancement Funds for qualified projects; and WHEREAS, up to 14 million dollars may be available to Virginia localities for transportation 8 enhancement projects during the 1995-96 fiscal year; and WHEREAS, the City Council has been advised that projects funded by this program require local match, either in-kind or cash, of twenty percent; and WHEREAS, the City Council has been further advised and acknowledges that in the event 12 the City elects to cancel a project funded by this program prior to its completion, the City shall be 13 required to reimburse the Virginia Department of Transportation for funds expended for such project; and 15 WHEREAS, the Metropolitan Planning Organization has endorsed the City's proposed transportation enhancement projects; and 17 WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, a resolution of endorsement must be received from the City Council before the Virginia Department of Transportation will program an enhancement project in the applicant's 2 0 locality; and 21 WHEREAS, the C~ty Council recognizes the importance of transportation enhancement 22 projects as a way of integrating transportation into our community and natural enwronment. 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: That the Council hereby endorses to the Commonwealth 2 5 Transportation Board the attached list of proposed transportation enhancement projects subject to 2 6 the following conditions: (1) prior to its acceptance by the City of Virginia Beach, the Virginia 27 Department of Transportation shall submit a complete and accurate accounting of costs associated 28 with any programmed or selected project including, but not limited to, costs of acquisition of 29 easements and rights of way, and (2) any project programmed or selected by the Virginia Department 3 0 of Transportation shall be subject to a public hearing before the City Council prior to its approval 3 :~ and acceptance by the City of Virginia Beach. 3 2 BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay 20 33 percent of the total cost for planning, design and construction, including but not limited to 34 acquisition of easements and rights of way for programmed or selected projects that have been 3 5 approved and accepted by the City of Virginia Beach. 36 BE IT FURTHER RESOLVED, in the event the City of Virginia Beach subsequently elects 3 7 to cancel any previously approved and selected project, it hereby agrees to reimburse the Virginia 3 8 Department of Transportation for the amount of the costs expended by the Department through the 3 9 date the Department is notified of such cancellation based on the accounting costs submitted to the 4 0 City of Virginia Beach by the Virginia Department of Transportation. 43. ADOPTED by the Council of the City of Virginia Beach, Virginia, this Tenth day of 42 January ,1995. ~I:PROV~D A5 TO II. STP:Enhancement Projects The enhancement category is a subcategory of the Surface Transportation Program. Each state must use 10% of their STP funds for transportation enhancement activities. For purposes of ISTEA, enhancement activities are defined as pedestrian or bicycle facilities, scenic easements, historic sites, landscaping and beautification, rehabilitation of historic transportation facilities, preservation of abandoned railway corridors, removal of outdoor advertising, archaeological planning and research, and finally, mitigation of pollution due to highway runoff. As in the past, enhancement funds will be distributed on a competitive basis at the state, rather than MPO level. There are approximately $14 million available for enhancement projects statewide. ® Pungo - Park Connector Trail, Phase 2 - Funds would be used for the planning, design and construction of a pedestrian/bicycle trail facility approximately 4 miles in length. The facility would be constructed from North Landing Road southward to Indian River Road. The trail would utilize the old railroad right-of-way and other city owned properties in the West Neck Creek corridor. This trail is the southern portion of the Pungo - Park Connector Trail application which received Enhancement funding in 1993. That original application had to be split into two phases because construction costs proved to be higher than expected. The trail provides an alternative mode of travel through this corridor and connects the rural part of the city to the more suburban north. COST: $818,000 ® Shore Drive Trail/Northampton Trail - Funds would be used for the planning, design and construction of a pedestrian/bicycle trail facility approximately 9 miles in length. The facility would be constructed from West Great Neck Road, along Cape Henry Drive, across the Lesner Bridge, along Shore Drive to Northampton Blvd., along Northampton Blvd. to Diamond Springs Road. Wherever possible, the trail will utilize the Virginia Power easement and old railroad right-of-way existing in these areas. COST: $1,400,000 ® North Landing Trail - Funding would be used to construct a 10 foot wide asphalt pedestrian/bicycle trail along North Landing Road. This trail segment would begin at a point near the North Landing Road/Princess Anne Road intersection and end at the Virginia Beach/Chesapeake boundary (North Landing River). This trail would link the proposed Pungo Connector Trail (which will run from Landstown Road to Indian River Road and which received approval for Enhancement Funds in 1993) to the City of Chesapeake, thereby enhancing intraregional transportation. The City of Chesapeake is proposing extending this trail along Mount Pleasant Road to Blackwater Road. COST: $660,000 ® Pungo Ferry Road - North Landing River Preserve Public Access Site - Funds would be used to provide for (1) the acquisition of a privately-owned 12.2 acre parcel located to the north of the old Pungo Ferry Road causeway at the river in Blackwater Borough for public access purposes; (2) construction of canoe put-in ramps, interpretive signage, parking areas for 30 vehicles, and a pier/marginal wharf facility for boarding and disembarking from canoes; (3) construction of an observation tower with interpretive signage relating to the history of the intracoastal waterway as a transportation artery, along with interpretive signage regarding the natural resources in the area; and (4) conducting a demonstration phragmites control and eradication project with public education and awareness interpretation at the public access site. COST: $245,500 5, Princess Anne Courthouse Restoration and Adaptive Reuse - Funds would be used for the planning, design, restoration and adaptive reuse of the 1820's Princess Anne County Courthouse. The restored building will be used as an information center, rest stop and historical attraction to serve users of the Pungo-Park Connector Trail facility (approved for Enhancement Funds in 1993) and the proposed North Landing Trail. Funds would be used to install interactive visitor information displays about regional bikeway systems and to install historical exhibits on the use and evolution of local Courthouses and the transportation methods and routes used to get to the Court in the 19th and 20th centuries. COST: $1,000,000 ® Norfolk Southern Railroad Trail - Funds would be used for the planning, design, and construction of a 10 foot wide asphalt bicycle trail. The trail would be approximately 13 miles in length. It would be constructed within a Norfolk Southern Railroad right-of-way that traverses the entire east-west width of the city (an easement agreement would need to be negotiated). This trail provides vital east-west connectivity for existing north-south trails on Witchduck Rd., Little Neck Rd., Great Neck Rd., and Oceana Blvd. and for proposed north-south trails on London Bridge Rd., and Birdneck Rd. COST: $1,500,000 ® Ferry Plantation Restoration - This project is for the restoration of this historic house to comply with city housing codes and preserve it as an historic structure. The Ferry Plantation area was once an integral part of the colonial transportation system when a ferry operated to carry people and goods across the western branch of the Lynnhaven River. The area has seen activity relating to recorded history since the 1700s. Several buildings have occupied the site, including a brick courthouse. The remaining structure, known as the Ferry Plantation, was constructed during the early 1800s. The restoration is needed to realize the main objectives of the project: 1) restore the house to period standards and 2) preserve and use the house as a recognized museum accessible to the public. The purpose of the museum would be to feature the contributions of environmental, transportation and historical themes to the local, regional and statewide area. One of the main features would present the important function of the Lynnhaven River as a transportation system. The Ferry Plantation would have been the destination for commercial, legal and social life of this area as ferry packets traveled the Lynnhaven waterways in the 17th, 18th, and 19th centuries, bringing passengers, mail and cargo to its dock. A partnership between historical and environmental groups would be formed to enable the museum to display artifacts (especially those recovered on site and now in storage in Colonial Williamsburg), maintain a research library, and provide educational programs. COST: $165,000 to install a heating and cooling system, plumbing, electrical work, and repair and restore the Ferry Plantation to the 1800s period. ® Shore Drive Billboard Removal - This project is for the purchase and demolition of an existing steel structure billboard located on the south side of Shore Drive (Rt. 60), just east of Vista Circle. Part of this project would include the execution of an agreement prohibiting outdoor advertising on this property. This location is near the convergence of the Lynnhaven River and the Chesapeake Bay, one of the more scenic locations in the city. Shore Drive is a principal tourist gateway to the city. Removal of this signage would enhance the aesthetics of the Shore Drive corridor. COST: $1,000,000 - 11 - Item III-H. 3. RESOLUTIONS ITEM # 38727 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to establish a YOUTH SERVICES COORDINATING COUNCIL for the Ctty of Virginia Beach. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I(2 Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay. John D. Moss Council Members Absent: None January 10, 1995 AN ORDINANCE TO ESTABLISH A YOUTH SERVICES COORDINATING COUNCIL FOR THE CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the City of Virginia Beach is experiencing an increase in crimes, both felonies and misdemeanors, being committed by juveniles; WHEREAS, the presence of guns, acts of vandalism and violence in the public schools is disruptive to education and deprives law abiding students of a safe learning environment; WHEREAS, teen pregnancies, drug use by minors, truancy and the presence of homeless youth in our community are further evidence that a significant number of young people have not responded to the traditional positive influences of home, school, religion and existing community youth programs; and, WHEREAS, the City Council recognizes the necessity to address the issue of juvenile crime and other antisocial and destructive behavior on the part of minors through the coordinated efforts of the City agencies which provide law enforcement, judicial, educational, social, recreational, medical, mental health and housing and neighborhood services, as well as private organizations and interested individuals: NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That there is hereby created a Youth Services Coordinating Council (the "Council"); 2. That the Council shall include one (1) member, respectively, from the Court Services Unit, the Police Department, the Department of Social Services, the Department of Public Health, the Department of Mental Health/Mental Retardation/Substance Abuse, the Public Library, the Department of Parks and Recreation, the Department of Housing and Neighborhood Preservation, and the Public 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 School Administration. Additionally, the City Council shall appoint to the Council: one (1) member from the Community Action Resource Empowerment Committee (CARE); (two (2) members who are actively affiliated with non-profit organizations which provide services to youth; one (1) adult representative of the business community; one (1) representative from an interfaith religious group; two (2) residents of the City who shall be active participants in volunteer non-profit organizations serving the interests of minors; one (1) youth from the Mayor's Youth Council and three (3) students from the Virginia Beach Public School system. The Director of the Department of Social Services shall provide interim administrative support to the Council, pending assignment of permanent support staff and budgeting for supplies through the City budget process. 3. All appointed adult members of the Council shall serve for terms of three (3) years; provided, however, that the initial terms of several members may be made for lesser periods, in order to provide for staggered expirations thereof. Youth representatives shall serve for terms of one (1) year. The members shall elect a chairperson who shall serve for one (1) year, and who may be reelected for one (1) additional term of one (1) year. 4. The Council shall coordinate with the respective city departments and agencies to carry out the following objectives: · Acquire such information as necessary to assess current services and activities related to youth and juvenile crimes in the City; · Recommend to the City Council and to the City Manager no later than November 30th of each year the establishment of new programs where considered appropriate; · Make recommendations to the City Council and to the City Manager no later than November 30th of each year regarding enhancing, modifying or eliminating programs deemed to be deficient or ineffective; · Conduct public hearings and forums to inform the public concerning the problems of juvenile crime and youth at risk, and to 70 71 72 73 74 75 76 77 solicit citizen suggestions and recommendations to address youth problems; · To inform the public regarding youth oriented programs and changes in such programs. 5. The Council shall, on an annual basis, commencing one (1) year following adoption of this ordinance, submit to the City Council a report of the actions, activities and recommendations of the Council. 78 79 Adopted by the City Council of the City of Virginia Beach on this 10 day of 3anuary 1995 80 81 82 83 CA-57 65 DATA/ORDIN/NONCODE/YOUTH. ORD DECEMBER 19, 1994 R5 - 12 - Item III-H. 4. RESOLUTIONS ITEM # 38728 Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS REVISED: Ordinances re London Bridge Road, Extended (CIP 2-132) to reflect changes in scope of the project (PRINCESS ANNE BOROUGH): a~ TRANSFER $621,224 from Southeastern Expressway Acquisition Project (CIP 2-089) to London Bridge Road Extended Project (CIP 2-132). b, AUTHORIZE acquisition of property tn fee simple and temporary and permanent easements of right-of-way, etther by agreement or condemnation Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert tC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D Sessorns, Jr., and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None January 10, 1995 AN ORDINANCE TO TRANSFER $621,224 FROM SOUTHEASTERN EXPRESSWAY ACQUISITION PROJECT I/2-089 TO LONDON BRIDGE ROAD EXTENDED PROJECT//2-132 IN ORDER TO REFLECT CHANGES IN SCOPE OF THE PROJECT WHEREAS, London Bridge Road Extended Project #2-132 was established by Council in order to construct approximately 2,200 feet of four-lane divided highway from Shipps Corner Road to Dam Neck Road, and to cul-de-sac the current alignment of London Bridge Road immediately to the west of Swamp Road, the intersection for the entrance to Oceana Naval Air Station, 9 10 11 12 WHEREAS, at the request of the Navy and adjacent property owners, and after review of the current alignment, a segment of Swamp Road should be reconstructed to facilitate a smoother and safer alignment for traffic flow in and out of the base entrance, and the cul-de-sac would no longer be necessary; 13 14 15 WHEREAS, it is estimated that the reahgnment of Swamp Road, with associated right-of- way acquisition costs and environmental assessment of a jet fuel line within the project's limits, will require additional funds in the amount of $621,224, 16 17 WIIEREAS, $621,224 is available for transfer from Southeastern Expressway Acquisition Project #2-089 18 19 20 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TilE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $621,224 be transferred from Southeastern Expressway Acquisition Project #2-089 to London Bridge Road Extended Project #2-132 in order to reflect changes m scope of the project to include the realignment of Swamp Road at the request of Oceana Naval Air Station, 23 This ordinance shall be in effect from the date of its adoption. 24 25 Adopted the Virginia 10 day of January , 19~, by the Council of the City of Virginia Beach, APPROVED AS TO CONTENT Walter C Krae~%'f,~Jr Department of Management and Budget F/SWJ/lndnxtnd ord AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR LONDON BRIDGE ROAD EXTENDED (CIP 2- 132) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of 8 Virginia Beach, Virginia, a public necessity exists for a four-lane 9 arterial highway with a bikeway and a cul-de-sac on existing London 10 Bridge Road west of its intersection with Swamp Road (Oceana Naval Base 11 Entrance) and for other public purposes for the preservation of the 12 safety, health, peace, good order, comfort, convenience, and for the 13 welfare of the people in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1-236, 18 et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq., Title 25- 19 46.1 et seq., Code of Virginia of 1950, as amended, all that certain 20 real property in fee simple, including temporary and permanent 21 easements of right of way as shown on the plans entitled "LONDON BRIDGE · . "these plans being on file in the Office 22 RD. EXTENDED C.I P # 2 -132, 23 of Real Estate Department of Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby authorized 25 to make or cause to be made on behalf of the City of Virginia Beach, to 26 the extent that funds are available, a reasonable offer to the owners 27 or persons having an interest in said lands. If refused, the City 28 Attorney is hereby authorized to institute proceedings to condemn said 29 property. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the 32 CA-5510 33 NONCODE~CA5510.ORD 34 R-1 10 day of January , 1995. - 13 - Item III-I, CONSENT AGENDA ITEM # $8729 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Ctty Council APPROVED in ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M Henley, Louts R. Jones, John D Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr., and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None January 10, 1995 - 14 - Item III-I, 1. CONSENT AGENDA ITEM # .38730 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution to authorize and direct the City Manager to submit an application to become a Program Administrator under the HomeSTART Program. Voting. 11-0 Council Members Voting Aye: John A. Baum, Llnwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor Wilham D. Sessorns, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 10, 1995 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE HOMESTART PROGRAM WHEREAS, The City wishes to encourage a high rate of home ownership 2 among its citizens, and WHEREAS, The City wishes to assist citizens to take advantage of 4 opportunities to achieve home ownership, and WHEREAS, The State of Virginia has indicated its willingness to allow 6 local governments to administer the HomeSTART Program, which provides financing 7 to assist Iow and moderate income persons to become home owners, NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH that the City Manager is hereby authorized and directed to submit 10 an application to become a program administrator under the HomeSTART program, 11 and to take all necessary actions to complete such application and administer such 12 program, if so allowed by the State and applicable law. Tenth 13 Approved by the Council of the City of Virginia Beach this day of 14 January, 1995. 15 16 17 18 19 Approved as to Content Ar{~e~N~'M~. I~'Jedr~an,v I~irec~or Approved as to Legal Form City Attorney Department of Housing and Neighborhood Preservation - 15 - Item III-I, 2. CONSENT AGENDA ITEM # 38731 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Ctty Council ADOPTED: Ordinance to APPROPRIATE $75,000 from the fund balance of the Pendleton Child Service Center Special Revenue Fund to the Pendleton Child Service Relocation Capital Project (CIP 3-992) re purchastng furniture and equipment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert tC Dean, Wilham IF. Harrison, Jr., Barbara M. Henley, Louts tL Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 10, 1995 AN ORDINANCE TO APPROPRIATE $75,000 TO THE PENDLETON CHILD SERVICE CENTER RELOCATION CAPITAL PROJECT (3-992) FOR FURNITURE AND EQUIPMENT FROM THE FUND BALAN('E OF THE PENDLETON CHILD SERVICE CENTER SPECIAl. REVENUE FUND WHERE AS, Pendleton Child Service Center annc~pates relocating the agency from the 6 State M~l~taw Reservation (SMR) at Camp Pendleton in February 1995 to the former Courthouse 7 Element,u ¥ School, W H EKEAS, Vlrgima Beach C~t3, Council autho~ ~zed city renovation momes and requested 9 50 pe~ ccitt state reunbursement in acco~ dance w~th Section 16 1-313 of the Code of Virginia, 10 WHEREAS unexpected, costs associated w~th renovations for removal of additional 11 asbestos contalmng materials not previously ~dennfied and a specific request from the state to 12 enclose 7$ percent of ex, sung windows at the Courthouse Elementary School to conserve energy, 13 have depleted the funds anticipated for the purchase of needed equipment, 14 WHEREAS, the needed equipment ~ncludes, but is not limited to, children's beds, blinds 15 and/or dt apes, kitchen equipment, class~ eom desks and chmrs, fence, telephone ~nstallanon, and 16 recreat~o~al equipment, 17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, that $75,000 be appl oprlated from the fund balance of the 19 Pendleton Child Service Center Special Revenue Fund to the Pendleton Child Service Relocation 20 Capital Project (#3-992) for the purpose of purchasing fu~ mture and equipment, 21 This ordinance shall be effective on the date of its adoption Tenth 22 Adopted by the Council of the City of Virgima Beach, Vllglnla on the day of 23 January , 1995 f\user~Xlilg~utl'~ ~,~t.I fl J)'~liswlJoll ~PPROVED AR TO I i APPROVED AS TO CONTENT Walter C K~ Jr. Dept of Manaqement and Budr16~ - 16 - Item III-I, 3. CONSENT .4 GEND.4 ITEM # 38732 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Councd ADOPTED: Ordinance authorizing license refunds in the amount of $9,923.65 upon application of certain persons and upon Certification of the Commissioner of the Revenue. l/oting : 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch~ III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera £. Oberndorf, Nancy ~ Parker. Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay' None Council Members Absent' None January 10, 1995 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 apphcabons for hcense refunds, upon cerbf~cat~on of the Commismoner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID U S Vision Inc. 1993-94 T/A Montgomery Ward Optical Dept. 2760 Irving Blvd. Dallas, TX 75207 Water and Health of Va. Beach Inc. T/A The Water Spot 1993-94 2401 Keaton Court Virg~ma Beach, VA 23456 White P~nes Inc. T/A Incahootes Bar & Grill 3845 Boney Road #4/5 V~rg~ma Beach, VA 23452 Audit $101.44 $101.44 Audit $150.51 $150.51 1993-94 Audit $76.47 $76.47 This ordinance shall be effective from date of adoption. The above abatement(s) totahng $328.42 of the C~ty of Virginia Beach on the Tenth Certified as to Payment: ~-'F~bert P. Vaughan ~ Commissioner of the Revenue Approved as to form: L~'r~e'L. L, lle~' "~ C~ty Attorney ~ were approved by the Council day of January ,19 95 Ruth Hodges Smith C~ty Clerk 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 cert~ficabon of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID S~lverstorf, James E. 1993-94 T/A Hobby Shop of Providence Square 1124 Layton Street Norfolk, VA 23502 Supercuts Corporation Shops T/A Supercuts 550 Califorma Street San Francisco, CA 94104 1992-94 Tugbang, Fay L. & Ramon R. T/A Laurel Umforms 4604 Pembroke C~rcle Virg~ma Beach, VA 23455 Audit $76.89 AudIt $1,881.57 1992-93 Audit $20.33 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,978 79 Tenth of the C~ty of V~rg~n~a Beach on the $76.89 $1,881.57 $20.33 Certified as to Payment' r---~F~ert P. Vau~han' (~ Comm~ssmner of the Revenue Approved as to form: reside L. L, II~y C~ty Attorney were approved by the Council January day of ,19 95 Ruth Hodges Smith C~ty Clerk 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 hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID S L Cooper & Associates Inc. T/A Cooper Matermls Handhng P.O. Box 567 319 Mill Street V~enna, VA 22183 Schoenhoff, L~nda S. T/A Good Times Catenng 5525 Forest View Drive V~rg~ma Beach, VA 23455 S~lswerda, Peter & Margaret T/A T~dewater Parent 2753 Atwoodtown Road V~rg~ma Beach, VA 23456 1992-93 Audit $19.59 1993 Audit $30.00 1991 Audit $186.00 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $235 59 Tenth of the C~ty of V~rg~n~a Beach on the $19.59 $30.00 $186.00 Certified as to Payment: -ert P. Vau~han ~ Commms~oner of the Revenue Approved as to form: were approved by the Council January day of ,19 95 Ruth Hodges Smith C~ty Clerk 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 apphcabons for license refunds, upon cert~flcabon of the Comm~smoner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Pnncess Anne Family Practice Ltd 1776D Pnncess Anne Road 1993 Virg~ma Beach, VA 23456 Radosev~ch, Franc~s X., CPA 1245 Barnes Road Suffolk, VA 23437 1993 Rellins, Donald E. Jr., DDS 165 New Market Road Timbervdle, VA 22853 1993-94 Remdential Concepts Ltd 4663 Haygood Road #201 Virgima Beach, VA 23455 Audit $1,629.01 $1,629.01 Audit $124.62 $124.62 Audit $276.26 $276.26 1993-94 Audit $52.67 $52 67 Cerbfled as to Payment: Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,082.56 of the C~ty of V~rgin~a Beach on the Tenth ~r~'~ert P V'augha~__~' ' Commissioner of the Revenue Approved as to form: were approved by the Council day of January ,19 95 Ruth Hodges Smith C~ty Clerk 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 Commismoner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID OHare, Josephine & Elena Apaliski T/A Phena Designs 1993-94 2500 Ravencroft Court V~rg~nia Beach, VA 23454 Paul English Enterprises Inc. T/A U Neakz/Marlene's 407 Lakewood Circle Virginia Beach, VA 23451 Audit $34.14 Plante, Martin R. T/A Professional Tracer Service 5140 Bonneydale Road V~rginia Beach, VA 23464-5913 1993-94 Audit $19.59 1994 Audit $50.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $103.73 of the C~ty of Virginia Beach on the Tenth $34.14 $19.59 $50.00 Certified as to Payment: obert P. Vaughar~ - Commissioner of the Revenue Approved as to form: City Attorney ~ were approved by the Council day of January ,19 95 Ruth Hodges SmIth City Clerk 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 cerbf~cat~on of the Commismoner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID McCombs, Sandra T. & Clarence J. Smith T/A Plaza Laundry/Hdltop Cleaners 1673 Lask~n Road #A 1994 V~rg~ma Beach, VA 23451 McEachern, Cathy T. T/A Profiles A Salon 1613 Margin Court V~rg~nia Beach, VA 23456 Audit $280.66 $280.66 Mdler, Lavern Etals T/A Princess Anne Counter Tops 2264 Salem Road V~rg~nia Beach, VA 23456 1993-94 Audit $24.81 $24.81 1993 Audit $28.62 $28.62 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $334.09 of the City of V~rg~nia Beach on the Tenth Cerbfied as to Payment: "l:~]~ert P. Vaughan ~ Commissioner of the Revenue Approved as to form: were approved by the Council day of Janaury ,19 95 Ruth Hodges Smith City Clerk 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 apphcations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Howse, Steve C. T/A Shoreline Plumbing Co. 5024 Jakeman Street V~rg~ma Beach, VA 23455 Matthews, Ann L., Premdent L H C A Inc. 2408 Bluecastle Lane Virg~ma Beach, VA 23456 Matrix Corporation 8150 Leesburg P~ke #1000 V~enna, VA 22182-2723 1993-94 Audit $161 04 $161.04 1992-94 AudIt $37.91 $37.91 1993 Audit $485.60 $485.60 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $684.55 of the City of V~rgin~a Beach on the Tenth Cert~hed as to Payment: ~bert P. vau~ha~- Commissioner of the Revenue Approved as to form: L'~'SlI~ L. L, Ile'~ - ~.~.,,/ C~ty Attorney were approved by the Council day of January ,19 95 Ruth Hodges Smith City Clerk 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 apphcabons for license refunds, upon cert~ficabon of the Commismoner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Gizara, Bernard E, T/A Lake Smith Ba~t & Tackle 125 Foxcroft Road Suffolk, VA 23437 1993 Audit $118.38 $118.38 Grease Monkey of Va. Beach Inc. T/A Grease Monkey 216-16th Street #1100 Denver, CO 80202 1993 Audit $858 71 $858.71 Hatchett Home Improvement Co. Inc. 1615 Kecoughtan Road 1993-94 Hampton, VA 23661 Audit $105 64 $105.64 This ord,nance shall be effective from date of adoption. The above abatement(s) totaling $1,082 73 of the C~ty of V~rgin~a Beach on the Tenth Certified as to Payment: obert P. Vaughan~-,/ - Commissioner of the Revenue Approved as to form: ~es[ie L. L,l~y "~~J c~ty Attorney were approved by the Council day of January ,19 95 Ruth Hodges Smith C~ty Clerk 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 apphcations for hcense refunds, upon cerbflcatlon of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Einhorn, Gerald DDS, LTD 3045 Lynndale Road V~rg~ma Beach, VA 23452 Everett, John C. MD, PC 1080 First Colonial Road #200 Virg~ma Beach, VA 23451 Forrest, Steven R. & Mary Ann J. T/A V~ctory Lane 4016 Tanglewood Trail Chesapeake, VA 23325 1994 Audit $2,161.79 $2,161 79 1993 Audit $687.85 $687.85 1993 Audit $147.12 $147.12 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,996.76 of the C~ty of Virginia Beach on the Certified as to Payment: Commissioner o~f the Revenue Approved as to form: L~"~Ii~L. Llllei ~ C~ty Attorney were approved by the Council day of Januaz"¥ ,19 95 Ruth Hodges Smith C~ty Clerk 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 hcense refunds, upon cerbficat~on of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Coastal Home Inspections Inc. 1016 Tottenham Drive Virg~ma Beach, VA 23454 E & P Corp. T/A Cafe 17 1039 Pnncess Anne Road Virg~ma Beach, VA 23451 1994 Audit $65.26 1991-92 Audit $31.17 $65.26 $31.17 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totahng $96.43 of the C~ty of V~rg~n~a Beach on the Tenth Certified as to Payment: ~-"'"'Ro-bert P. Va~gha~" Comm~smoner of the Revenue Approved as to form: L'~sll~ L. L, Ile~ C~ty Attorney were approved by the Council day of January ,19 95 Ruth Hodges Smith C~ty Clerk -17- Item llI-J.1. PUBLIC HEARING ITEM # 38733 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on. PLANNING o (a) ROYAL COURT, INC. CONDITIONAL CHANGE OF ZONING (b) E. L. CREECH, III CONDITIONAL USE PERMIT (C) KEITH L. PENN-JONES CONDITIONAL USE PERMIT (d) COLONIAL BAPTIST CHURCH CONDITIONAL USE PERMIT January 10, 1995 - 18 - Item lll-J.l.a. PUBLIC HEARING ITEM # 38734 PLANNING Attorney R. J. Nutter, II, 4425 Corporation Lane, represented the apphcant, and advised the applicant is requesting a 39-unit condo project. Donald Moore, applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of Ordinance upon Application of ROYAL COURT, INC. for a Conditional Change of Zoning. ORDINANCE UPON APPLICATION OF ROYAL COURT, INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 to A-12 Z01951439 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of Royal Court, Inc. for a Conditional Change of Zomng District Classtfication from 0-2 Office District to A- 12 Apartment District on certain property located on the south side of Wishart Road, 225 feet more of less east of Independence Boulevard. The proposed zoning classification change to A-12 is for multi-family land use at a density no greater than 12 dwelhng units per acre. The Comprehensive Plan recommends use of this parcel for office. Said parcel contains 4.286 acres. BAYSIDE BOROUGH. The following condition shall be required: Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Councd of the City of Virginia Beach, Virginia, on the Tenth of January, Nineteen Hundred and Nineff. -Five. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Vice Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay: Robert K~ Dean, John D Moss, Mayor Meyera E Oberndorf and Nancy ~ Parker Council Members Absent. None January 10, 1995 · ORM NO P $ !B In Reply Refer To Our File No. DF-94-3776 DATE: January 3, 1995 TO: FROM: Leslie L. Lilley William M. Macali ~34 Conditional Zoning Application Royal Court, Inc. DEFT: City Attorney DEPT: City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 10, 1995, having been deferred from a prior meeting in order to allow the applicant to revise the proffer agreement. I have reviewed the revised agreement, dated December 22, 1994, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM:sam enc THIS AGREEMENT, made this . 22nd. day of December 1994, by and between MONTGOMERY KNIGHT, JR., sole trustee of the STANLEY E. OLIVER MARITAL TRUST and MONTGOMERY KNIGHT, JR., sole trustee of the STANLEY E. OLIVER FAMILY TRUST, owners of the Property referred to herein, and Royal Court, Inc., a Virginia Corporation, the contract owner of the Property referred to herein, (hereinafter both the owner and the contract owner are collectively referred to as Grantors), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as Grantee). ~ I TNES SETH ~ WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by peri- addressed to the Grantee, so as to change the tion classification of the Grantor's Property from 0-2 Office to A-12 Apartment (Conditional) on certain Property which contains a total of 3.8 acres, more or less, in the Bayside Borough, of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A, hereinafter "the Property". WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including office purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differinq uses on and in the area of the subject Property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the com~unity that are not generally applicable to land similarly zoned A- 12 are needed to cope with the situation which the Grantors rezoning application gives rise to~ and · WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing A-12 zoning district by the existing City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning~ and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall ' continue in full force and effect until a subsequent amend- ment changes the zoning on the Property covered by such conditions~ provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a -2- new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Of- fice of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument~ provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, for themselves, their suc- cessors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac- tion from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, Site Plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restric- tions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, its heirs, -3- personal representatives, assigns, grantees and other succes- sors in interest or title, namely~ 1. Grantors shall develop the Property as condominiums and shall limit the number of residential units on the Property to no more than thirty nine (39) in lieu of the number of residential units otherwise allowed pursuant to the regulations for the A-12 District. 2. The Property shall be developed substantially as shown on the Site Plan entitled "Preliminary Site Plan Of Haygood Condominium For Marsha Lynn Building Corp./Royal Court, Inc." dated September, 1994, revised November 29, 1994 and prepared by John E. Sirine & Associates, Ltd., subject to obtaining any necessary approvals from the Board of Zoning Appeals, said plan being the same plan being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Site Plan"). 3. All residential buildings constructed on the Property shall be constructed of brick substantially as depicted in the renderings entitled "Haygood Estate Condominium", pages 1-3 dated October 25, 1994, said plans being the same plans being submitted to City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter the "Renderings"). 4. The buildings constructed on the Property, adjacent to Old Donation Manor, excluding a bay window for each -4- residential unit, shall be setback a minimu~ of 25 feet from the eastern property line. 5. Grantors shall construct or post a sufficient bond, acceptable to the City, for a 6 foot solid fence along the southern and western property lines of the Property, upon the application for any building permits on the Property. 6. Upon the application for any building permits on the Property, Grantors shall construct or post a sufficient bond, acceptable to the City, a solid fence at least 6 feet in height, along the eastern property line of the Property subject to obtaining any necessary approvals from the Board of Zoning Appeals. 7. Grantors shall construct or post a sufficient bond, acceptable to the City, for a fence along Wishart Road substantially similar to the fencing shown on the Rendering at page 3, upon the application for any building permits on the Property. 8. Grantors shall install Category IV landscaping along the perimeter of the Property in stages upon the completion of the buildings adjacent to the respective property lines. 9. Grantors shall construct or post a sufficient bond, acceptable to the City, for a right hand turn lane leading into the Property on Wishart Road substantially as shown on the Site Plan. 10. Grantors shall install or post a sufficient bond, acceptable to the City, for a concrete pedestrian walkway -5- (sidewalk) on or adjacent to the portions of the Property contiguous to Wishart Road. Grantors reserve the right to use all or any portion of the existing sidewalk on Wishart Road in complying with this Proffer. 11. The. Grantors shall dedicate the portions of the Property shown on the Site Plan where any or all of the right hand turn lane and (sidewalk) is to be located, to the City of Virginia Beach for additional right-of-way. The right-of-way dedication will be made prior to or concurrent with the issuance of any occupancy permits for the Property. In the event that the improvements contemplated in this Proffer have not been included in the City's five year CIP at the time of the proposed dedication, the Grantors agree to execute an appropriate agreement, in a form acceptable to the City Attorney, to assure that such dedications will be conveyed to the City upon the inclusion of said projects in the CIP. If the Property and/or improvements proffered by the Grantors in this paragraph are not used by the Grantee within the next twenty years for the purpose for which they are proffered, then such Property and/or any funds paid or unused may be used by the City of Virginia Beach for additional right-of-way. 12. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable city codes by all cognizant City agencies and departments to meet all applicable city code requirements. -6- Ail references hereinabove to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenants and agrees that (1) the Zoning Achainistrator of the City of Virginia Beach, Virginia shall be vested with all necessar~ authority on behalf of the · governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (it) the bringing of legal action or suit to ensure compliance with such condi- tions, including mandator~ or prohibitor~ injunction, abate- ment, damages or other appropriate action, suit or proceed- ings~ (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate~ (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition to the governing body for the review thereof prior to instituting proceedings in court~ and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator -7- and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. WITNESS the following signatures and seals: STANLEY E. OLIVER MARITAL TRUST By: Name Title: STANLEY E. OLIVER FAMILY TRUST By: ~ Name Title~ ROYAL COURT, INC. ?ttie: ,'a STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and ~ sworn to be_fo, re , me this ~ ~ /~da¥-~ of December, 1994 by ~-~%? c ~ ~f.f/61 ~-~" on ~alf- of Stanley E. Oliver Marital Trust./ - Public My Commission Expires: -8- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and. sworn to befor, e me this December, 1994 by ~ ~_ /~'1; ~/~ ,'T~eft Stanley E. Oliver Family-Trust. · ' ~ ~ day of 'behalf of ~otary My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wits Subscribed and sworn to before December, 1994 by ~o~ Court, Inc. My Commission Expires: sll/forms/proffers.9 me this--~~Aday of , on behalf of Royal -9- - 19 - Item IlI-J,l,b, PUBLIC HEARING ITEM # $8755 PLANNING Attorney R. J. Nutter, II, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of E. L. CREECH, III for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF E. L. CREECH, III FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHOUSES R01951927 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicaaon of E. L. Creech, III for a Conditional Use Permit for mini-warehouses on certain property located on the south side of Harpers Road, 245 feet west of Derby Run. Said parcel contains 1.6 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: Site zmprovements and landscaping shall be in accordance with the submitted development plan entitled "USE PERMIT FOR MINI-WAREHOUSES dated October 25, 1994". 2. The applicant must apply for a variance from the Board of Zoning Appeals to the Category VI landscape screening. 3. The free-stan&ng sign shall be an externally illuminated, monumental style sign. 4. In lieu of Crepe Myrtle trees along Harpers Road, install either Golden Rain Trees or Japanese Flowering Crab Trees This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of January, Nineteen Hundred and Nine~. -Five. January 10, 1995 - 20 - Item llI-J.l.b. PUBLIC HEARING ITEM # 38735 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Wilham W. Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor Wilham D. Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None January 10, 1995 - 21 - Item lll-J,l,c, PUBLIC HEARING ITEM # $8756 PLANNING Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinnace upon application of KEITH L. PENN-JONES for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF KEITH L PENN-JONES FOR A CONDITIONAL USE PERMIT FOR AN INDOOR RECREATIONAL FACILITY R01951928 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ketth L. Penn-Jones for a Condinonal Use Permit for an indoor recreational facility on certain property located at the southeast corner of Virginia Beach Boulevard and Horace Avenue. Said parcel ts located at 4815 Virgima Beach Boulevard and contains 24,080 square feet. BAYSIDE BOROUGH. This Ordinance shall be effecave in accordance with Section 107 09 of the Zoning Ordinance Adopted by the Council of the City of Virgtnia Beach, Virgtma, on the Tenth of January, Nineteen Hundred and Nme~_ -Five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor Wilham D Sessoms, Jr, and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None January 10, 1995 - 22 - Item lll-J.l.d. PUBLIC HEARING ITEM # 38737 PLANNING Reverend Keith Davey, Pastor Emeritus, 4713 Regal Court, represented the apphcant Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF COLONIAL BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) R01951929 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Colonial Baptist Church for a Condittonal Use Permit for a church (expanston) on the west side of Centervtlle Turnpzke, 933.62 feet south of Lynnhaven Parkway. Said parcel is located at 2221 Centerville Turnpike and contains 10 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the Czty of Virgima Beach, Virginia, on the Tenth of Janua~., Nineteen Hundred and Ninety-Five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor Wilham D Sessoms, Jr., and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None January 10, 1995 - 23 - Item III-K. 1. APPOINTMENTS ITEM # 38738 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: FRANCIS LAND HOUSE January 10, 1995 - 24 - Item III-L.I. UNFINISHED BUSINESS ITEM # 38739 Council Lady Parker and Councilman Moss referenced the status of the Technical Night School. These two Council Members have been coordinating with the School Board, representatives of Economic Development, Ford Motor Company and representatives of technical education Thye have been impressed with the support received. When completed, the building, with shell space, will be approximately 75,000 square feet. The School Site Selection Committee is hoping to bring this tn with a CIP FY 1995-96 proposal for engineering during the first year. Acquiring the land and construction will begin dunng the CIP FY 1996-97. This tssue ts independent of parity, technology and other school issues. Hopefully, by Fiscal Year 1997, this first-class computer related facihty of the Ford Motor Company will commence operation. The facihty should accommodate from 300 to a maximum of 500 students. Dr. Faucette ts investigating dual use dunng the day, wtth the possibdity of having simultaneous use of the facility both by adults and students (adults during the day, students at nighO. Counctlman Moss will present the next status report within thirty days.. January 10, 1995 - 25 - Item III-L.2. UNFINISHED BUSINESS ITEM # 38740 ADD-ON Mayor Oberndorf referenced the correspondence of Tidewater Towing Service requesting a meeting with the City Manager and his staff. The Federal Government has passed a law which basically takes away the responsibility of the locality to control rates on towing. Tidewater Towing Service will be tncreasing their towing rates to $70 daytime and $80 nighttime. BY CONSENSUS, City Council concurred with Mayor Oberndorf corresponding to the General Assembly to determine if this was the intent of their legislation. January 10, 1995 - 26 - Item III-L.$. UNFINISHED BUSINESS ITEM # 38741 ADD-ON Councilman Branch referenced the Resolution to support enactment of legislation by the 1995 Virginia General Assembly to designate real and personal property exempt from state and local real and personal property taxation. Virginia Mountain Housing (VMH), Inc., which was DENIED by City Council on January 10, 1995. Councilman Branch requested the City Manager and City Attorney develop, for City Council's review, criteria for tax exempt properties. January I0, 1995 - 27 - Item III-L.4. UNFINISHED BUSINESS ITEM ti 38742 ADD -ON Councilman Dean referenced the correspondence from The Honorable Glenn McClanan who was representing the Aragona-Pembroke Little League. Attorney McClanan offered the property to the City and requested a response by February 28, 1995. Vice Mayor Sessoms advised the correspondence was addressed to Susie Walston, Director of Parks and Recreation, with copies forwarded to City Council. The Little League is unable to maintain this property The City Manager will advise relattve the status of this item. January 10, 1995 - 28 - Item III-L.$. UNFINISHED BUSINESS ITEM # $8743 ADD-ON Councilman Dean referenced correspondence from a Sandbridge residence relative the City's poor response to keep the roadways open after the last storm. Councilman Dean requested the City Manager provide information to City Council. The roadways have been kept open. $180,000 has already been expended plus an additional $80,000 wdl be expended for sand bags. There were also major cleanups after each storm. Councilman Dean did not believe cleaning up debris on private property is the responsibihty of the Ctty. January 10, 1995 - 29 - Item III-M. 1. NEW BUSINESS COUNCIL-SPONSORED ITEMS ITEM # 38744 The following spoke in SUPPORT of the Resolution: Dr. Glen Snyders, 1820 Duke of York Quay, Pediatrician Students in Carolyn Stamm's Kempsville Mtddle School class. T. Jack Bagby, IH, 1212 Worthington Lane, Christopher Bagley, 1216 Newmarket Road, Phone: 495-3136 Lara McBride, 4754 Rosecroft Street, Emily Mead, 941 Blakemore Court Meredith Brannon, 1144 Newmarket Drive, Phone: 467-4844. Petitions in SUPPORT of the Resolution are hereby made a part of the record. Jane Brooks, 721 Hilltop Road, Phone: 425-1597, President of Lynnhaven Middle School PTA. Dennis Watson, 908 Rio Bravo Bend, represented the Virginia Beach Safety Councd Carolyn Lincoln, 1200 Sothebey Court, Phone: 467-0401, represented the Counctl of Civic Organizattons Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED, AS REVISED: Resolution to request the General Assembly AMEND Section 46.2-906.1 of the Code of Virginia by ADDING "any county, city or town "to the list of localities' that may, by ordinance, provide that any person fourteen (14) years of age. or younger, shall wear a protective helmet whenever riding, or being carried, on a bicycle on any highway, sidewalk or public &cycle path (Sponsored by Councilwoman Louisa M. Strayhorn) Voting: 10-1 Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy tC Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M Strayhorn Council Members Voting Nay: John D. Moss Council Members Absent. None BY CONSENSUS, this item was MOVED FORWARD prior to the PUBLIC HEARING on the SANDBRIDGE SEWER PROJECT. January 10, 1995 Requested by Councilmembers Louisa M. Strayhorn and William W. Harrison, Jr. A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO AMEND SECTION 46.2-906.1 OF THE CODE OF VIRGINIA PERTAINING TO A HELMET REQUIREMENT FOR BICYCLISTS FOURTEEN YEARS OF AGE AND YOUNGER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, Section 46.2-906.1 of the Code of Virginia currently provides that certain localities may, by ordinance, require every person fourteen years of age or younger to wear a protective helmet whenever riding or being carried on a bicycle on any highway, sidewalk or public bicycle path; WHEREAS, national studies have consistently recognized that the wearing of protective helmets by bicyclists of all ages, especially children, greatly reduces the chances of serious injury or death caused by accidents; WHEREAS, City Council believes that every locality, regardless of size, should be authorized to adopt an ordinance whose purpose is to protect the life and limb of young persons who ride bicycles within their boundaries; and WHEREAS, City Council also believes that every locality should be further authorized to provide, by ordinance, that any person engaged in the business of bicycle rentals shall be required to make available for rental, at reasonable rates, protective helmets for the use of persons fourteen years of age or younger, and to post, in a clear, conspicuous and sufficient manner, a sign indicating that local law requires persons fourteen years of age or younger to wear a protective helmet whenever riding or being carried on a bicycle within such locality. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly is hereby requested to amend Section 46.2-906.1 of the Code of Virginia in a manner similar to that set forth in Exhibit "A", which is attached hereto and hereby incorporated by reference. 34 35 36 37 BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to furnish a copy of this Resolution to each of the members of the General Assembly who represent the City of Virginia Beach. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of January , 199~. 40 41 42 43 CA-5815 ORDI N~NONCODE \HE LMET . RE S R-2 JANUARY 6, 1995 EXHIBIT § 46.2-906.1 Local ordinances may require bicyclists to wear helmets. The governing bo of any coun , any ' .......~ ~" 24, ~ ltv by provide that ................. c or to~ may, ordinance, every person fourteen years of age or younger shall wear a protective helmet that meets the standards promulgated by the ~erican National Standards Institute or the Snell Memorial Foundation whenever riding or being carried on a bicycle on any highway as defined in ~ 46.2-100, sidewalk, or public bicycle path. Such ordinance may also provide that any person engaged in the business of bicycle rentals shall make available for rental, at reasonable rates, protective helmets meeting the standards set forth herein to persons fourteen years of age or younger, and shall post, in a clear, conspicuous and sufficient manner, a sign indicating that local law re~ires every person fourteen years of ~ge or younger to wear a protective helmet whenever riding or being carried on a bicycle on any highway, sidewalk, or public bicycle path within such locality. Violation of any such ordinance shall be punishable by fine of twenty-five dollars. However, with respect to any person riding or being carried on a bicycle, such fine shall be suspended (i) for first-time violators and (ii) for violators who, subsequent to the violation but prior to imposition of the fine, purchase helmets of the type required by the ordinance. Furthermore, with respect to .any Derson riding or being carried on a bicycle, violation of any such ordinance shall not constitute negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any civil action. - 30 - Item III-M.2. NEW BUSINESS ITEM # 38745 COUNCIL-SPONSORED ITEMS Attorney Howard £. Gordon, 941 Amesbury Road, Phone: 495-2244, represented Mary Rarnsey and her family, owners of commercial property on the east side of Military Highway the major portion occupied by Executive Inn. and spoke in SUPPORT of Alternative C, allowing the motel to have two way access. Fred Walsh, 717 South Military Highway, Phone: 420-2120, represented the Executive Inn, and spoke in SUPPORT of Alternative C Randy Royal, 3351 Stoneshore Road, Phone: 468-6800, Engtneering Servtces, spoke tn SUPPORT of Alternative C. J. C. Webb, President Truck Center of Tidewater - 740 South Military Highway, Phone: 424-3000, requested the City provide for an addtttonal access for his business. Attorney Ed Bourdon, Pembroke One, Phone. 499-8971, represented the Williams Corporation of Virginia and spoke in SUPPORT of Alternative C. Upon motion by Council Lady Strayhorn, seconded by Councilman Jones, City Council APPROVED: ALTERNATIVE C for Mihtary Highway (CIP 3-084) -Constderatton of Access Alternattves for Executive btn. (Sponsored by Council Members Louisa M. Strayhorn and Louis R. Jones): Alternative C: Provide an additional median break at the southernmost entrance to the Executive Inn. Voting: 9-2 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III. Robert tC Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Vice Mayor William D Sessoms, Jr., and Louisa M Strayhorn Council Members Voting Nay: John D. Moss and Nancy tC Parker Council Members Absent: None January 10, 1995 - 31 - Item 111-31.1. ADJOURNMENT ITEM # 38746 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:25 P.M. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January I0, 1995