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SEPTEMBER 11, 1989 MINUTES
City of Virginia Beech "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At Large VICE MAYOR ROBERT E. FENTRESS, Virginia Beach Borough ALBERT W. BALKO, Lynnhaven Borough JOHN A. BAUM, Blackwater Borough HAROLD HEISCHOBER, At Carge BARBARA M. HENLEY, Pungo Borough REBA S. McCLANAN, Princess Anne Borough ~OHN D. MOSS, Kempsville Borough VANCY K. PARKER, At Large "OHN L. PERRY, Baysule Borough ' '.VILLIAM D. SESSOMS, JR., At Large AUBREY V. WATTS, JR., City Mawger CITY COUNCIL AGENDA J DALE BIMSON, City Atromey RUTH HODGES SMITH, CMC/AAE, City Ckrk SEPTEMBER 11, 1989 ITEM I. CITY MANAGERS BRIEFINGS - Conference Room - 11:30 AM A. FORESTRY ACTIVITIES IN VIRGINIA BEACH Mr. William Pierce, Virginia Department of Forestry B. GRANT GUIDELINES Ms. Betty Jean Myers ITEM II. COUNCIL CONFERENCE SESSION A. CITY COUNCIL COI~ERNS ITEM III. INFORMAL SESSION A. CALL TO ORDER -Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Conference Room - 12:00 PM - Conference Room - 1:00 PM - Council Chamber - 2:00 PM A. INVOCATION: Reverend Lewis Morgan Community United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - August 28, 1989 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4303 2. PUBLIC HEARING 1. PLANNING - RECONSIDERATION a. Pursuant to Order of the Circuit Court of the City of Virginia Beach, Ordinances for Changes of Zoning District Classification in Linkhorn Park (VIRGINIA BEACH BOROUGH): ~ 1. NATIONAL BEACH CORPORATION and GEORGE F. & FRANCES M. PHILLIPS from R-20 Residential District to A-12 Apartment ' District at the Northhwest corner of Pinewood Drive and Hoily Road on Lot 83, containing 1.22 acres. 2. NATIONAL BEACH CORPORATION from R-40 Residential District to A-12 Apartment District on the North side of Pinewood Drive, 270 feet more or less West of Holly Road on Lot 84, containing 1.886 acres. DENIED July 11, 1988 3. PLANNING a. Ordinance for the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 feet more or less Southwest of the Northern terminus of Air Rail Road (BAYSIDE BOROUGH), in the petition of ROBERT J. RUHL, DEPARTMENT OF ECONOMIC DEVELOPMENT. Deferred for compliance October 10, 1988, April 10, 1989 and ~ ~ Aug ust 28, 1989 ~~~ Recommendation: DEFER FINAL APPROVAL until September 18, 1989 b. Applications of KETTLE RESTAURANTS, INC., 5716 Northampton Boulevard, (BAYSIDE BOROUGH): Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the Zoning Ordinance; AND, Change of Zoning District Classification from B-2 Community Business District to H-1 Hotel District on the North side of Northampton Boulevard, 1170 feet more or less East of Baker Road, containing 1.43 acres. Recommendation: APPROVAL c. Application of ALOT CORPORATION for a Change of Zoning District Classification from R-10 Residential District to P-1 Preservation District 750 feet more or less Northeast of the ~.,~ intersection of Holland Road and Christopher Farms Drive, containing 4.966 acres (PRINCESS ANNE BOROUGH). °~' Recommendation: APPROVAL d. Application of DUNEDEN ASSOCIATES for a Change of Zoning District Classification from A-18 Apartment District to R-7.5 Residential District at the Northeast corner of Alabama Road and Garfield Avenue on Parcel C, Block 16, Pecan Gardens (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Ordinances to AMEND and REORDAIN the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia: 1. Section 111 re definitions of repair garage, auto service establishment and other similar businesses 2. Section 214 re display of street numbers on freestanding signs 3. Section 502 re dimensional requirements for lots abutting 40 foot cul-de-sacs 4. Sections 901(a), 1511(a), 1511(c), 1521(a) and 1521(c) re passenger transportation terminals 5. Section 902 re dimensional requirements for corner lots in commercial districts Recommendation: APPROVAL F. RESOLUTIONS/ORDINANCES 1. Resolution providing for the issuance and sale of $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A, of the City of Vi rg i n i a Beach, Virginia, heretofore authorized , and providing for the form, details and payment thereof. 2. Resolution providing for the issuance and sale of $2,000,000 General Obligation Public improvement Bonds, Series of 19898 (Capital Appreciation Minibonds), of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof. ~,.,, 3. Resolution directing the Planning Commission to examine and make its recommendation concerning the elimination of duplexes as a ,, conditional use in the City's Agricultural Districts. 4. Amendment to Ordinance (adopted December 12, 1988), upon SECOND READING, authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $26,300,000 for various public facilities and general improvements. 5. Ordinance to AMEND Chapter 35, Article II, Division 2 of the Code of the City of V i rg i n i a Beach , V i rg i n i a re the assessment of I and devoted to agricultural, horticultural, forest or open-space use by ADDING thereto a new Section 35-48.1 re special requirements concerning open-space uses. G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the City Manager to enter into a contract fora Flexible Benefits Plan utilizing Flexible Spending Accounts r,., for City employees; and, to establish a payment mechanism for program funding . ~. 2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 18-76.2 re obtaining permits; weighing devices. 3. Ordinance authorizing the City Manager to execute a Deed of Easement with the Chesapeake and Potomac Telephone Company to grant an easement at the intersection of Bayne Drive and Old Donation Drive. 4. Ordinances, upon FIRST READING, to ACCEPT and APPROPRIATE State Grant Funds to the FY 1989-90 Library Department Operating Budget: a. $13,967 LSCA Title I Subregional Grant for the Blind b. $ 1,832 LSCA Large Print/Recorded Books 5. Ordinance to TRANSFER $84,657 from General Fund Reserves to the FY 1989-90 Library Department Operating Budget to fund an expanded Sunday Hours Pilot Program. 6. LOW BIDS a. Pitt-Des Moines, Inc. PLAZA PARK TANK (CIP 5-820) b. A & W Contractors (Contract No. 2) c. A & W Contractors (Contract No.i) d . Shore I i ne Contractors (Contract No. 2) $1,185,000.00 ALANTON WATER SYSTEM $ 443,968.60 (CIP 5-025) CAVALIER/N. LINKHORN PARKS $ 371,727.35 (CI Ps 5-967 & 6-928) CAVALIER/N. LINKHORN PARKS $ 173,433.00 (CI Ps 5-967 & 6-928) e. Asphalt Roads & VARIOUS ROADS CONTRACT $ 356,219.15 Materials Co ., Inc. 1989-90 7. Ordinance authorizing tax refunds in the amount of $2,690.23. 8. Ordinance authorizing license refunds in the amount of $27,722.11. ~- i ~t H. UNFINISHED BUSINESS I. NEW BUSINESS 1. 1990-99 CAPITAL IMPROVEMENT PROGRAM E. Dean BI ock, Assistant City Manager for Ana I ys i s & Eva I uat ton J. ADJOURNMENT SEPTEMBER 25, 1989 APTA CONFERENCE ROSH HASHANNAH: SEPTEMBER 30, 1989 (Not a scheduled Session) OCTOBER 9, 1989 YOM KIPPUR (Rescheduled to October 30, 1989) ,M~ ~ ~ cmd 9/7/89 OCTOBER 16, 1989 VIRGINIA MUNICIPAL LEAGUE (Rescheduled to October 30, 1989) JJ ~,• t~ - -~; i * ;~.~ ~. T ~ ~ :~_ , 1n. i'1 :1 ~ w4~.) MINUTE S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 11, 1989 The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor 1vleyera E. Oberndorf in the Conference Room, City Hall, on Monday, August 11, 1989, at 11:30 P.M. Council i~tembers Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley Reba S. McClanan, John D. Moss, Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council I~lembers Absent: John L. Perry (ENTERED: 11:37 P.T~1.) - 2 - C I T Y M A N A G E R 'S B R I E F I N G FORESTRY ACTIVITIES IN VIRGINIA BEACH 11:30 A.M. ITEM # 31755 Louis Cullipher, Director of Agriculture, introduced William L. Pierce, Regional Forester, Department of Forestry. William L. Pierce reviewed the 1988 Report of Forestry Activities in Virginia Beach: Number Acres Forest Fire Data Forest Fires Burned 8 67 Forest on which suppression costs collected 1 Fires Law violations in court 2 Forest Landowners Assisted Forest Management Plans 6 987 Other examinations and landowner assists 6 34 Forest Management Accomplishments Landowners ordering seedlings 45 Seedlings planted 217,525 Tracts planted or seeded and acreage 3 273 Natural regeneration Total reforestation 3 273 Tracts and acreage site prepared (prescribed burned) Tracts and acreage site prepared (other) 3 112 Total site preparation 3 112 Best Management Practices Log road layout 1 1000 Lin ft. Stabilization (road, decks, fire lines) 6 1989 Lin ft. Buffer strips (streamside wildlife, etc.) Other BMP`s Information and Education Articles to news media 2 Talks (schools, clubs, fire, field trips) 70 Exhibits, parades 16 As per the request of City Council, William Pierce will provide information relative economic impact to the City by the forestry practices. - 3 - C I T Y M A N A G E R 'S B R I E F I N G GRANT GUIDELINES ITEM # 31756 Dean Block, Assistant City Manager for Analysis and Evaluation, introduced Betty Jean Myers, Budget Analyst, who summarized the GRANT GUIDELINES. On August 7, 1989, a presentation was made regarding the review and allocation process for grants to not-for-profit agencies. During discussion of that presentation, the consensus was the current review process, with City Manager recommendations to the Council, was the best method for grant allocation. The Staff was requested to prepare a brief set of criteria and guidelines for grant review which could be provided to not-for-profit agencies. Review Process and Criteria Address funds in budget for Not-for-profit Agencies Advertise applications in October. Applications received in December Office of the Budget Evaluation and oversight Departments review applications. The City Manager shall make recommendations to the City Council as part of the proposed Operating Budget. The City Council would hear appeals as a part of the proposed Budget Hearings. Final allocation decisions would be made by City Council in the final Operating Budget. HIGHLIGHTED CHANGES Creation of 3~ reserve for Special Project Grants are incentives for new services Limit grants to 35~ of Agency Budget 5-Year "sunset" clause for funding to a program Funding Formula of $1 per capita Limit future grants to self sufficiency, health, shelter and safety. Continuation of Grants to Neptune Festival, Life-Saving Museum Three categories of criteria for Grant Review: Program Organization Funding REQUESTED CITY COUNCIL ACTION Comments on Proposed Guidelines Approval of Final Guidelines to be implemented for the FY 1990-91 Budget Process. - 4 - C I T Y M A N A G E R ~S B R I E F I N G GRANT GUIDELINES ITEM # 31756 (Continued) BY CONSENSUS, City Council ag reed to support the present criteria and guidelines for grant review provided to not-for-profit agencies. Vice Mayor Fentress and Councilwoman McClanan will comprise a Committee to develop a proposal related to GRANT GUIDELINES for next year. The City Staff will investigate alternative strategies to phase the Neptune Festival and Life Saving Museum out of this category over a period of time utilizing a g radual approach. Grant Guidelines should adhere to human service issues. - 5 - ITEM S O F T H E C I T Y M A N A G E R ITEM # 31757 The City Manager referenced Ordinances to AMEND and REORDAIN the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia: Section 111 re definitions of repair garage, auto service establishment and other similar businesses, Section 214 re display of street numbers on freestanding signs, Section 502 re dimensional requirements for lots abutting 40 foot cul-de-sacs, Sections 901(a), 1511(a), 1511(c), 1521(a) and 1521(c) re passenger transportation terminals, Section 902 re dimensional requirements for corner lots in commercial districts (See Item IV-E.3.e. of the PLANNING AGENDA.) The City Manager distributed the following revised ordinances: Article 1, Section 111 pertaining to definitions for repair garage and automobile service establishments, Section 502 pertaining to dimensional requirements and Section 902 pertaining to dimensional requirements. These revised amendments represent slight changes. Robert Scott, Director of Planning, will be in attendance to respond to City Council concerns. ITEM # 31758 The City Manager distributed a Resolution confirming the declaration by the City Manager of a Local Emergency at the Resort Area of the City and requesting the Governor to declare the Resort Area a Disaster Area. The City Manager also distributed a letter dated September 8, 1989, from Congressman Pickett to Susan Engeleiter, Administrator - Small Business Administration. Congressman Pickett requested the Small Business Administration consider the City's request. (Said letter is hereby made a part of the record.) A rough estimate of the damage to the affected businesses will be provided to City Council. ITEM # 31759 The City Manager provided a DRAFT ENVIRONMENTAL IMPACT STATEA4ENT for the SOUTHEASTERN EXPRESSSWAY. - 6 - M A Y O R t S C O N C E R N S ITEM # 31760 Mayor Oberndorf advised receipt of letter from Mercer, Slavin ~ Nevins, Inc., dated Septem ber Eighth. The search for a new Clty Att©rney is proceeding as anticipated. Efforts are currently being directed to networking for additional candidates in other Dillon Rule states. During the week of September Eleventh, the consultants will begin to interview a select group of potential finalists which shall include all internal candidates. - 7 - C I T Y C O U N C I L C O N C E R N S ITEM # 31761 Councilman Moss distributed to Members of City Council the QUESTIONNAIRE entitled: "In Pursuit of Excellence: Planning for the Year 2000 and Beyond" This information will be utilized by the "TURN OF THE CENTURY STRATEGIC PLANNING COMMITTEE". Completed forms are to be forwarded to the Educational Planning Center. Councilman Moss advised the Committee, the City Council might wish to peruse the results rather than complete the questionnaire, but same would be provided. There seems to be a consensus among the members of the "TURN OF THE CENTURY STRATEGIC PLANNING COMMITTEE" that smaller classrooms are desirable in grades K - 3, however this should be tempered; i,e, in schools similar to Kingston where there are only 6 students below the national average, while in other schools there might be 50~ scoring below the national average. In those schools it might be desirable to have one teacher per twenty students. The smaller classes might be addressed in schools with the greatest need. Councilman Moss advised Councilwoman McClanan the Committee did discuss the size of classrooms in foreign countries. There were three studies completed. A controversial study in 1979 advised unless the class size was reduced to fifteen, the results would not be achieved. A study in Tennessee cited a range of twenty students would begin to achieve significant differences. The "TURN OF THE CENTURY STRATEGIC PLANNING COMMITTEE" was contemplating a longer school day and year. The Virginia Beach School Board is examining the issue of an "open high school". The students have "freedom of choice" with no restricted attendance zones. ITEM # 31762 The City Attorney's Office, representing the City Council, filed a demurrer to Sentara's claim that they were denied equal protection when their rezoning request was DENIED. The Circuit Court upheld this demurrer and dismissed Sentara's suit. Sentara may refile, but must allege that they have been denied all viable use of their land. - 8 - ITEM # 31763 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, September 11, 1989, at 12:33 P.M. Council Members Present: AI bert W. Ba I ko, John A. Ba um, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Absent: None - 9 - I TEM ,~ 31764 Mayor Meyers E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 tA) (7). (1) National Beach Corporation vs Oberndorf, et al., (2) Janezeck vs BZA (a) Kettler (sign matter), (b) Nickell setback matter). Upon motion by Vice Mayor Fentress, seconded by Councilman Balko City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Counc i I Mem tiers Voting Aye A I bert W. Ba I ko, John A. Ba tan, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Council Members Absent: None ,.~ - to - F O R M A L S E S S I O N VIRGINIA BEACH CITY COUNCIL September 11, 1989 2:00 P.M. Mayor Meyers E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Nbnday, September 11, 1989, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Absent None INVOCATION: Reverend Lewis Morgan Community United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA r--~--~ , , ,,, Item I V-D. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 31765 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by V i rg i n i a Beach C i ty Council . Voting: 11-0 Co unc i I Members Voting Aye AI bert W. Ba I ko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Verbal Aye fi~'~ #~°~ 1N~'bE.l '1 f ~ axe<~^"~ ~+ws~,, ~fyr~1 4 ~ " / " '~'~L ~7 ~. y. _ '° r}' ~ U / ~,,. Y ~ ~~,. Abe ~~~' , ',~ L--~w~~ r 1 ~ ,r ;~,,: CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Fleeting 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. MOTION; Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION to consider: ~,i 1. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). (1) National Beach Corporation vs Oberndorf, et al., (2) Janezeck vs BZA (a) Kehler (sign matter), (b) Nickell (setback matter). VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and tililliam D. Sessoms, Sr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None eLs-~ uth Hodges mith, CMC/AAE City Clerk - 12 - Item I V-E. 1. MINUTES ITEM # 31766 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Henley, City Council APPROVED the Minutes of the INFORMAL 8 FORMAL SESSIONS of August 28, 1989. Voting: 11-0 Counc i I Members Voting Aye: Albert W. 8alko, John A. Ba um, Vice Mayo r Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Counci I Members Absent: None - 13 - Item IV-E.2/3 PUBLIC HEARING PLANNING ITEM # 31767 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 2. PLANNING - RECONSIDERATION (a) NATIONAL BEACH CORPORATION 3. PLANNING (a) ROBERT J. RUHL, DEPARTMENT OF ECONOMIC DEVELOPMENT (b) KETTLE RESTAURANTS, INC. (c) ALOT CORPORATION (d) DUNEDEN ASSOCIATES (e) COMPREHENSIVE ZONING ORDINANCE CHANGES OF ZONING STREET CLOSURE VARIANCE AND CHANGE OF ZONING CHANGE OF ZONING CHANGE OF ZONING AMENDMENTS Section 111 (repair garage, auto service establishment) Section 214 (display of street numbers on free-standing signs) Section 502 (dimensional requirements for lots abutting 40-foot cul-de-sacs) Section 901(a), 1511(a), 1511(c), 1521(a) and 1521(c) (passenger transportation terminals) Section 902 (dimensional requirements for corner lots in commercial districts) co.,+,,...~..,_ , , ,.,~., - 14 - Item IV-E.2.a. PUBLIC HEARING PLANNING - RECONSIDERATION ITEM # 31768 The following spoke in SUPPORT of the application: The Honorable Moody E. Stallings, Jr., represented the applicant and advised there shall be no development on Lot 82. A density of 12 units per acre for a total of 30 units is requested. Tim Barrow, 1928 Thunderbird Drive, exhibited the revised site plan. The following registered in OPPOSITION: Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100, represented the Linkhorn Park Civic League. The Linkhorn Civic League supports the exclusion of Lot 82. This will eliminate the majority of the concerns of the Civic League. Attorney Nutter requested these units be "for sale" and not rental. Alfred L. Wood, 172 Pinewood Road, Phone: 428-3390 William H. Jennings, 927 Holladay Point, Phone: 428-9116, expressed concern relative density and environmental impact on wetlands. These applications were DENIED July 11, 1988, and on May 25, 1989, the Virginia Beach Cirucit Court ordered the Virginia Beach City Council to RECONSIDER these Changes of Zoning. A MOTION was made by Vice Mayor Fentress, seconded by Councilman Perry to ADOPT Ordinances for Changes of Zoning upon application of NATIONAL BEACH CORPORATION and GEORGE F. & FRANCES M. PHILLIPS from R-20 Residential District to A-12 Apartment District at the Northwest corner of Pinewood Drive and Holly Road on Lot 83, containing 1.22 acres; AND, NATIONAL BEACH CORPORATION from R-40 Residential District to A-12 Apartment District on the North side of Pinewood Drive, 270 feet more or less West of Holly Road on Lot 84, containing 1.886 acres. Density shall be 10 units per acre "for sale only", for a total of twenty-five (25) units. Proffers delineated in the Court Order (a - f) shall be documented in an Agreement. Upon SUBSTITUTE MOTION by Councilwoman Parker, seconded by Councilwoman McClanan, City Council ADOPTED Ordinances upon application of NATIONAL BEACH CORPORATION for Changes of Zoning: ORDINANCE UPON APPLICATION OF NATIONAL BEACH CORPORATION AND GEORGE F. & FRANCES M. PHILLIPS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 20 TO A-12 209891257 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of National Beach Corporation and George F. & Frances M. Phillips for a Change of Zoning District Classification from R- 20 Residential District to A-12 Apartment District at the northwest corner of Pinewood Drive and Holly Road on Lot 83, Linkhorn Park. Said parcel contains 1.22 acres. VIRGINIA BEACH BOROUGH. AND, O_~i_-L___ ~ i i nnn - 15 - Item IV-E.2.a. PUBLIC HEARING PLANNING - RECONSIDERATION ITEM # 31768 (Continued) ORDINANCE UPON APPLICATION OF NATIONAL BEACH CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40 TO A-12 209891258 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of National Beach Corporation for a Change of Zoning District Classification from R-40 Residential District to A-12 Apartment District on the north side of Pinewood Road, 270 feet more or less west of Holly Road on Lot 84, Linkhorn Park. Said parcel contains 1.886 acres. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. Density shal I be I invited to a maximum of nine (9) units per acre, or a total of twenty-four (24) units . 2. Proffers delineated in the Court Order (a - f) sha I I be documented i n an Agreement to be recorded by the CI erk of the Circuit Court, subj ect to the City Attorney's approval. The Court Order is hereby made a part of the proceedings. a. All access to the property shall be limited to a singular vehicular ingress/egress driveway onto Pinewood Road . b. The developer shall utilize and adhere to best management practices that are reasonably applicable to the development of the property for storm water runoff. c. The developer shall install and maintain Category VI landscaping, screening and buffering in accordance with standards and specifications as required along the perimeter of the property which is adjacent to Lots #82 and 81A in the Linkhorn Park Subdivision. d. Development on the property shall be planned so as to preserve as many existing trees as feasible, especially those trees adjacent to the marsh and along all property lines. Accordingly a tree protection plan shall be submitted for review to the City's Landscape Administrator. e. The developer shall dedicate a strip of property 15 feet wide running the length of the property on Holly Road for right-of-way purposes. f. The developer shall dedicate a strip of property 10 fleet wide running the length of the property on Pinewood Road for right-of-way purposes. Conk-omhor 11 10RQ - 16 - Item IV-E.2.a. PUBLIC HEARING PLANNING - RECONSIDERATION ITEM # 31768 (Continued) These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of September, Nineteen Hundred and Eighty-nine. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None Con+cm hor 1 1 1 OS2~ VIRGINIA: IN TIE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH MAY 2 51989 NATIONAL BEACH CORPORATION, et al, ~ Plaintiffs, v. MEYERA B. OBERNDORF, et al, nefendants. i:HANCERY NO. CH88-2674 DECREE . ~~ ~.~~ THIS CAUSE came on to be heard ore tenus on May 4, 1989 on the papers formerly read, the matter having been docketed, matured and set fo.r trial at the regular calling of the docket of this Court, and was argued by counsel. IId CONSIDERATION WHEREOF,, after reviewing various evidence presented, including the verbatim transcript of the July 11, 1988 City Council hearing, the current city zoning map for the area in question, the City Planning Commission's report regarding the proposed rezoning, the proffer offered by the Plaintiffs at the July 11, 1988 hearing, the site plan dated May 11, 1988 presented to the City Council on July 11, 1988, the original (1916) plat of Linkhorn Park, numerous photographs showing the subject property, the plat showing the property lines of the three parcels (Lots )(II2, 83 and II4) of 'the subject rezoning application; and 1 A:Fter hearing ore tenus evidence to the issue of the rcasonabl.eness of the current zoning (R-20 and R-40) and the reasonableness of the proposed rezoning (A-12 with certain „~. ~ , ~i~ conditions proffered), it is ADJUDGED, ORDERED, and DECREED that the issue of the reasonableness of the R-20 zoning for Lot #82 is found to be Fairly debatable and, therefore, the Court finds that the denial of the rezoning of Lot #(82 by the Virginia Beach City Council is clearly within the legislative authority; and the Court further finds that even after Lots #(83 and 84 are rezoned and developed in accordance with this order, the issue of the reasonableness of the R-20 zoning on Lot #(82 will remain fairly debatable; and, provided further, nothing in this order shall in any way be construed to compel the City Council to rezone Lot $82 to a zoning classification of higher density that R-20, nor shall this order in any way be construed to prohibit the City Council from rezoning Lot #(82 to a zoning classification of higher density than R-20. Rather, the Court finds that since the issue as it relates to the reasonableness of the zoning of Lot )(82 is fairly debatable, it is therefore clearly within the discretion and authority of the City Council to determine the appropriate zoning classification, which, from the evidence produced, the Court. concludes to be either the existing R-20 classification or the requested A-12 classification with proffers and, therefore, the Court cannot 2 ,,~ ~. substitute its opinion for that of the City Council as concerns ttie zoning classification for Lot ##82. i And it is further ADJUDGED, ORDERED, and DECREED that Lots $83 grid 84 are not reasonably suited for single- family detached development, considering all the factors presented and the transitional character of the area where Lots #(83 and 84 are situated and, therefore, the Court finds that the existing R-20 acid R-40 zoning classifications for Lots #83 anti 84 are unreasonable; it is further the finding of the Court from all of the evidence presented that a reasonable use for Lots ##83 and 84 would be multi-family residential development with a density of not less than nine (9) nor more than twelve (].2) units per acre for that portion of the property permitted density credit, pursuant to Section 200(x) of the City Zoning Ordinance; the Court finds that although the City's R-2.5 zoning classification will permit a reasonable density of development, the public street construction requirements contained in such classification is not reasonable, considering the topography and the delicate environmental factors which must be considered in any development of Lots #{83 and 84; and it being stipulated by the Plaintiffs that they would be agreeable to allowing the City Council to determine the appropriate density of development between nine (9) and twelve (].2) units per acre for Lots ##83 and 84, and that after such determination has been made, the Plaintiffs will sign and execute an appropriate proffer agreement for purposes of 3 agreeing to development at such density, the Court doth l.herefore find than a reasonable zoning classification for Lots i #(83 and 84 is A-12, subject to the foregoing density determination and provided that the Plaintiffs, prior to and during the rehearing of their .rezoning application, act as follows: ,,~~ ~~, 1) Immediately after the City Council's action in reclassifying Lots #(83 and 84 to A-12, and prior to the amendment of the zoning map to reflect such change, the Plaintiffs shall submit, in form acceptable to the City Attorney and suitable for recordation in the deed books maintained by the Clerk of this Court, a proffer agreement in which the Plaintiffs shall agree to a den:~ity of development on Lots #83 and 84 which shall be not less than nine (9), nor more than twelve (12), units per acre for that portion permitted density credit, pursuant to Section 200(a) of the City Zoning Ordinance. The exact density of development within such range shall be determined by the City Council. Additionally, the proffer agreement shall conta.`in further. conditions as follows a) All access to 1:he property shall be limited to a singular vehicular ingress/egress driveway onto Pinewood Road. .~ ,. ~~~ b) `.Phe developer shall utilize and adhere to best management practices that are .reasonably i app]_icable to the development. of the property for storm water runoff. c) The developer shall ixistall and maintain Category VI laxdscaping, screening and buffering in accordance with standards and specifications as required along the perimeter of the property which is adjacent to Lots #482 and 81A in the Linkhorn Park Subdivision. I~Iowever, in the event that the City Council does decide to rezone I,ot #482, the Category VI landscaping, screening and buffering shall be installed and maintained along the northern property line of Lots )482 and 84 instead of along the perimeter as previously described. d) Development on the property shall be planned so as to preserve as many existing trees as feasible, especially tYiose trees adjacent to the marsh and along all property lines. Accordingly, a tree protection plan shall be submitted for review to the City's Landscape Administrator. 5 e) The developer shall dedicate a strip of property 15 feet wide running the length of the i property on Holly Road for right-of-way purposes. f) The developer shall dedicate a strip of prop~:rty 10 feet wide running the length of the property on Pinewood Road for right-of-way purposes. ?_) Prior to the City Council's reconsideration of the re•roning application, the Plaintiffs shall prepare and submit to the City's Planning Director a site plan of development which shall identify the orientation of structures and tMe type of construction and parking on the property and the areas to be left in a natural state. The site plan shall be in a form acceptable to the City's Planning Director, and development in substantial compliance with such plan shall be agreed to by the Plaintiffs and such fact shall be included as a condition recited in the proffer agreement previously described. It is further provided, however, that in the event the Plaintiff's request the City Council to rezone Lot X82, as well as Lots {~83 and 84 and, in the event the City Council declines to rezone Lot X82, the City Council shall be under no 6 t '. compulsion to rezone Lots ~k83 and 84 unless and until the Plaintiffs have submitted a site plan of development describing the development intended to occur on only Lots #83 and 84. In such event, the site plan for Lots ~~83 and 84 shall be subject to al.l requirements previously identified in this order. The C ourt finds that the foregoing conditions to be proffered by the Plaintiffs, including the site plan, are necessary in light of special conditions concerning the property, and that without such conditions, the A-12 zoning classification on any or all of the property that is the subject of this litigation would not be reasonable; and, should the City Council act to rezone Lot ik82, all of the conditions recited herein shall have like application on development thereon. And it is further OI2DER~D that within 45 days after the Plaintiffs have submitted a site plan of development in form acceptable to the City's Planning Director, the City Council shall hold a public hearing and shall reconsider the Plaintiff's rezoning application in accordance with the directions outlined in this decree. 7 i 7 And it .`~s :Further ORDERED that this cause shall remain on the Court's docket- for such further proceedings as may be necessary. ENTER: JUDGE I ASK FOR THIS: l~•'3• Moo y E. ~t ings, Jr. SEEN: . p.d. Gary L. Fentress Senior Assistant City Attorney 8 ;, A ester J. Curtis f, ruit, Clerk 8 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH ~- General Obli gation Public Imp rovement Bond, Series of 1989A INTEREST RATE MATURITY DATE DATED DATE CUSIP October 1, October 1, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the City), for value received, promises to pay, upon surrender hereof, to the regis- tered owner hereof, or registered assigns or legal representa- tive, the principal sum stated about on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon semiannually on each April 1 and October 1, beginning April 1, 1990, at the annual rate stated above. In- ~ terest is payable (a) from October 1, 1989, if this bond is au- thenticated prior to April 1, 1990, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interes*_ from the date to which interest has been paid). Principal, pre- mium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been -9- appointed Registrar (the Registrar). 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 and interest, the providing of notices and other -,~ matters shall be made as described in the City's Letter of Repre- sentation to DTC. This bond is one of an issue of $40,210,000 General Obliga- tion Public Improvement Bonds, Series of 1989A, of like date and tenor, except as to number, denomination, rate of interest, priv- ilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, in- cluding the City Charter and the Public Finance Act. Of such amount, $2,910,000 for schools and $4,000,000 for streets and highways were authorized by ordinances adopted by the Council on August 28, 1986, and approved at an election held on November 4, 1986, $7,000,000 for community centers was authorized by an ordi- nance adopted by the Council on August 17, 1987, and approved at an election held on November 3, 1987, and $26,300,000 for various public improvements was authorized by an ordinance adopted by the Council on December 19, 1988, and amended on September 11, 1989, without being submitted to the voters for approval at an elec- tion. Bonds maturing on or before October 1, 1999, are not subject to redemption prior to maturity. Bonds maturing on or after October 1, 2000, are subject to redemption prior to maturity at -10- the option of the City on or after October 1, 1999, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued ~,~ and unpaid to the redemption date: ~`~ Period During Which Redeemed Redemption Both Dates Inclusive Price October 1, 1999 to September 30, 2000 102% October 1, 2000 to September 30, 2001 lOlz October 1, 2001 to September 30, 2002 101 October 1, 2002 to September 30, 2003 1002 October 1, 2003 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the chief financial of- ficer 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 par- ticular maturity are called for redemption, the Registrar shall select the bonds to be redeemed within such maturity by lot. In either case, each portion of $5,000 principal amount shall be ~~ counted as one bond for such purpose. The City shall cause no- ~, tice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by registered or certified mail, not less than 30 nor more than 60 days prior to the redemp- tion date, to DTC or its nominee as the registered owner of the bonds. -11- The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constitution ,~,,,, and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have ~4, ~~~ 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 counter- signed by its Clerk, its seal to be affixed hereto and this bond to be dated October 1, 1989. COUNTERSIGNED: (SEAL) ' Clerk Mayor 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: -12- 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. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on the Bonds. Unless other funds are lawfully available and appropri- ated for timely payment of the Bonds, the Council shall levy and collect an annual ad valorem tax over and above all other taxes authorized or limited by law on all locally taxable property in the City sufficient to pay the principal of and interest on the Bonds, as the same become due and payable. 7. If no qualified securities depository is the registered owners of the Bonds, the City may appoint a qualified bank as paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration of Bonds. Upon surrender of any Bonds at the principal corporate trust office of -13- • the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal repre- sentative in such form as shall be satisfactory to the Registrar, the City shall execute and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggre- I ~~ gate principal amount, in authorized denominations, of the same ;, form and maturity, bearing interest at the same rate, and regis- tered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such ex- change shall be at the expense of the City, except that the Reg- istrar 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 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 shown as owner on the registration books on the 15th day of the month preceding each interest payment date. 8. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to have prepared and dis- tributed to prospective bidders on the Bonds a Notice of Sale in form similar to notices used for prior City bond issues. -14- 9. The City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement of the City dated September 8, 1989, not inconsistent with this resolution as are necessary or desirable to complete it as a final Official State- ment. The City shall arrange for the delivery to the successful '~, , ; bidder on the Bonds of a reasonable number of copies of the Offi- cial Statement for delivery to each person to whom such bidder and members of his bidding group initially sell the Bonds. 10. After bids have been received and the Bonds have been awarded, the Mayor, the City Manager and the Clerk are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchasers thereof upon payment therefor. 11. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 ~~ of the Internal Revenue Code of 1986, as amended, including regu- lations issued pursuant thereto (the Code), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing statutes. Without lim- iting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to re- bate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds. The City shall pay any such required rebate from its general funds. -15- 12. The Council has received and reviewed the Information Statement dated September 1, 1989 (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 dated January 16, 1989 (the Contract), and the Council has determined to authorize the Treasurer to utilize SNAP in connection with the investment of the proceeds of the Bonds. The Council acknowledges that the Treasury Board of the Common- wealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 13. Such officers of the City as may be requested are au- thorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code. Such certificate shall be in such form as may be requested by bond counsel for the City. 14. The City covenants that it shall not permit the pro- ceeds of the Bonds to be used in any manner that would result in (a) 5~ or more of such proceeds being used in a trade or business carried on by any person other than a governmental unit, as pro- vided i.n Section 141(b) of the Code, (b) 5~ or more of such pro- ceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of -16- Section 141(b)(4) of the Code, or (c) 50 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 exist- ing law, the City need not comply with such covenants. 15. All other actions of officers of the City in conformity with the purposes and intent of this resolution and in further- ance of the issuance and sale of the Bonds are approved and con- firmed. 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 desir- able in connection with the issuance, sale and delivery of the Bonds. 16. The Clerk, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a cer- tified copy of this resolution with the Circuit Court of the City of Virginia Beach, and within 10 days thereafter to cause to be published once in a newspaper having general circulation in the City a notice setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds and the amount for each purpose. -17- - 17 - Item IV-E.3.a. PUBLIC HEARING PLANNING ITEM # 31769 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council DEFERRED for compliance of conditions until the City Council Meeting of September 18, 1989, an Ordinance for the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 feet more or less Southwest of the Northern terminus of Air Rai I Road, in the petition of ROBERT J. RUHL/DEPARTMENT OF ECONOMIC DEVELOPMENT. Application of Robert J. Ruhl, Department of Economic Development, for the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 feet more or less southwest of the northern terminus of Air Rail Road. Plats with more detailed information are available in the Department of Planning. Voting: 11-0 Council Members Voting Aye: AI bert W. Ba I ko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCI anan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Council Members Absent: None - 18 - Item IV-E.3.b. PUBLIC HEARING PLANNING ITEM # 31770 Attorney Hlichael A. Inman, 2840 South Lynnhaven Road, Phone: 486-7055, represented the applicant and advised the facility would be a two-story Best Western Franchise. Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council APPROVED the application of KETTLE RESTAURANTS, INC. for a Variance to Section 4.4 (b) of the Subdivision Ordinance and ADOPTED an Ordinance for a Change of Zoning: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Kettle Restaurants, Inc, Property is located at 5716 Northampton Boulevard. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. AND, ORDINANCE UPON APPLICATION OF KETTLE RESTAURANTS, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-1 209891259 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kettle Restaurants, Inc, for a Change of Zoning District Classification from B-2 Community Business District to H-1 Hotel District on the north side of Northampton Boulevard, 1170 feet more or less east of Baker Road. Said parcel is located at 5716 Northampton Boulevard and contains 1.43 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh Day of September, Nineteen Hundred and Eighty-nine. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss and Nancy K. Parker Council Members Absent: None - 19 - Item I V-E.3.c. PUBLIC HEARING PLANNING ITEM # 31771 Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Counc i l ADf~PTED an Ordinance upon app l i cat ion of ALOT CORPORATION for a Change of Zoning ORDINANCE UPON APPLICATION OF ALOT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 10 TO P-1 209891260 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Alot Corporation for a Change of Zoning District Classification from R- 10 Residential District to P-1 Preservation District on certain property located 705 feet more or less northeast of the intersection of Holland Road and Christopher Farms Drive. Said parcel contains 4.966 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh Day of September, Nineteen Hundred and Eighty-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Counc i I Members Absent None - 20 - Item IV-E.3.d. PUBLIC HEARING PI.ANN I NG ITEM # 31772 James M. Caplan, 612 Ryder Cup Lane, Phone: 467-2118 (H), 623-6928 (W), General Partner, represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of DUNEDEN ASSOCIATES for a Change of Zoning ORDINANCE UPON APPLICATION OF DUNEDEN ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-18 TO R-7.5 209891261 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Duneden Associates for a Change of Zoning District Classification from A-18 Apartment District to R-7.5 Residential District at the northeast corner of Alabama Road and Garfield Avenue on Parcel C, Block 16, Pecan Gardens. Said parcel contains 7013 square feet. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh Day of September, Nineteen Hundred and Eighty-nine. Voting: 11-0 Counc i I Members Voting Aye A I bert W. Ba I ko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Counc i I Members Absent None - 21 - Item IV-1.3.e.(1) PUBLIC HEARING PLANMlNG ITEM # 31773 Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council ADOPTED, as REVISED: Ordinance to amend and Reordain Article 1, Section 111 of the City Zoning Ordinance pertaining to Definitions for Repair Garage and Automobile Service Establishments. Voting: 11-0 Council Mem tiers Voting Aye: A I bert W. 8a I ko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Co unc i I Members Absent None - 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ARTICLE 1, SECTION 111 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO DEFINITIONS FOR REPAIR GARAGE AND 5 AUTOMOBILE SERVICE ESTABLISHMENTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 That Article 1, Section 111 of the City Zoning Ordinance pertaining 10 11 to the def inition of repair garage and automobile service establishments 12 13 is hereby amended and reordained as follows: 14 ' 15 Automobile repair establishment or Automotive service establishment. 16 A building or portion thereof, designed or used for servicing of automotive 11 or other motorized vehicles where repair services are limited to the 18 following: 19 20 ~ Ad~ustinq and repairing brakes; 21 22 ~ Emergency wiring repairs; 23 24 ~ Greasing, lubrication and oil change;_ 25 26 ~ Motor ad3ustments not involving removal of the head or crankcase; 27 , 28 ~ Providing and repairing fuel pumps and lines; . 29 30 ~ Radiator cleaning and flushing; provision of water, antifreeze 31 and other additives; 32 33 ~ Replacement or adjustment of minor automobile accessories; to 34 ~ include mirrors, windshield wipers and the like; 35 36 ~ Servicing of non-motorized bicycles; 31 38 ~ Sale and servicing of spark plugs, batteries, and distributors 39 , and distributor parts; 40 41 ~ Servicinq_ and repair of carburetors; 42 .. 43 ~ Servicinq, repair and sales of mufflers and'exhaust systems; 44 45 ~ Tire sales, servicing and repair, but not recapping or 46 , regrooving; 47 48 ~ Washing and__polishing, and sale of automotive washing and 49 polishing materials. 50 51 Uses perm issible at an automobile repair establishment do not include 52 body work , straightening of frames or body parts, steam cleaning, 53 painting, storage of automobiles not in operating condition nor the 54 operation of a commercial garage as an accessory use. r ' Garage. repair. A building or portion thereof, other than a private, storage or parking garage, designed or used for repairing: or equippingT-o+---s~erw~#~i~+~g of automotive vehicles. only where the repair work includes activities in addition to those allowed at automobile service stations. Such garages may also be used for storage of autortative vehicles. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of September ~ 1989. -22- Item IV-1.3.e.(2) PUBLIC HEARING PLANNING ITEM # 31774 Councilwoman McClanan and Councilman Baum suggested adding the following verbiage on line 28 after the word "height": ", shall be an integral part of the sign design.." Councilman Baum suggested the following revised verbiage: "...and shall be located within the top portion of the sign." Councilman Perry suggested East or West be denoted in front of the num bets. Councilwoman Henley advised lines 29 through 31 seem to assume the street number would be an appendage. Councilwoman Henley inquired if this Ordinance would only apply to new signs. Upon motion by Councilman Neischober, seconded by Councilman Perry, City Council DEFERRED for City Attorney Review: Ordinance to Amend Section 214 of the City Zoning Ordinance pertaining to the Display of Street Numbers on Freestanding Signs. Voting: 11-0 Council Members Voting Aye: A I bert W. Ba i ko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Neischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Counc i I Members Absent None -23- Item IV-1.3.e.(3) PUBL I C HEAR 1 NG PLANNING ITEM # 31775 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED, AS REVISED: Ordinance to amend and reordain Section 502 of the City Zoning Ordinance pertaining to dimensional requirements. Voting: 11-0 Counc i I Members Voting Aye Albert W. Balko, John A. Baum, Vic e Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Council Members Absent: None AN ORDINANCE TO AMEND AND REORDAIN SECTION 502 OF THE CITY ZONING ORDINANCE ' PERTAINING TO DIMENSIONAL REQUIREMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 502 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to dimensional requirements, be amended and reordained to read as follows: Sec. 502. Dimensional Requirements The following chart lists the requirements within the R-40 through R-5S Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for single family dwellings. (a) For single family dwellings: RESIDEN TIAL DISTRICTS R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S (1) Minimum lot area in square feet: 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000 (2) Minimum lot area outside of water, marsh, or wetlands. 24.000 24,000 20,000 15,000 10,000 7,500 5.000 5,000 5.000 (3) Minimum lot width in feet: 125 ]00 ]00 100 80 75 50 50 50 (4) Minimum front yard setback in feet: 50 50 50 30 30 30 20 20 20 Minimum front yard setback when adjacent to a 40 foot right-of- way created in accord- ance with Section 4.1 Sm) of the Subdivision Ordinance in feet: 55 55 55 35 35 35 25 25 25 (~6) Minimum side yard setback except when.. adjacent to a street in feet: 20 ]5 15 10 10 5&10 8 8 5&10 (67) Minimum Side yard setback adjacent to a street in feet: 30 3U 30 30 30 30 18 IS 15 (8) Hinimum side yard setback when adjacent to a 40 foot right-of- way created in accord- ance with Section 4.1 (m) of the Subdivision Ordinance in feet: 35 35 35 35 35 35 23 23 20 (Z9) Minimum rear yard setback except for accessory structures in feet: 20 20 20 20 20 20 20 20 20 (810)Minimum rear yard setback for accessory structures only in feet: 20 15 15 10 10 10 10 10 10 (911)Maximum lot coverage in percent: 25 25 25 30 30 35 40 35 40 (1912)Maximua building floor area expressed as a percentage of maximum allowable lot coverage: NA NA NA NA NA NA NA 200X NA The following chart lists the requirements within the R-5 D and R -5R Residential Districts for minimum lot area, width, yard s pacing and maximum lot coverage for duplex and semi-detached dwellin gs. (b) For duplex and semi-detached dwellings in the R-5D and R-5R Residential Districts Duplexes Semi -detached -------- - ---------------------------------- (1) Minimum lot area --------------------------- 10,000 square feet ------- 5,000 - square feet (2) Minimum lot width 75 feet 35 feet (3) Minimum front yard 20 feet 20 feet ~ Minimum front yard setback when adjacent to a 40 foot right-of- way created i n accord- • ance with Section 4.1 m of the Subdivision Ordinance: 25 feet 25 feet (45)Minimum side yard except when adjacent to a street 10 feet 10 feet (66)Minimum side yard when adjacent to a street 20 feet 20 feet (7) Minimum side yard setback when adjacent to a 40 foot right-of-way created in accordance with Section 4.1 m of the Subdivision Ordinance: 25 feet 25 feet (~8)Minimum rear yard 10 feet 10 feet (~9)Maximum lot coverage 35 percent 35 percent (810)Maximum building floor area expressed as a percentage of maximum allowable lot coverage 200 percent 200 percent The following chart lists the requirements within the R-2.5 Residential Districts for minimum lot area, a verage lot area, lot width, yard spacing, maximum lot coverage and maximum number of units that can be attached for attached dwellings (townhouses). (c) For attached dwellings townhouses): Residential Districts ' R-2.5 (1) Minimum lot area 1,400 square feet (2) Average minimum lot area 2,500 square feet (3) Minimum lot width interior lots 20 feet ' (4) Minimum lot width exterior lots 30 feet (5) Minimum front yard 30 feet (6) Minimum side yard exterior lots when not adjacent to a street 10 feet (7) Minimum rear yard dwellings 20 feet (8) Minimum rear yard accessory buildings less than 100 square feet 5 feet (9) Maximum lot coverage 40 percent (10)Maximum number of attached dwellings that may be constructed in any one group, without required side yards 6 units (11 )Any side yards adjacent to a street shall be a minimum of 30 feet , except when adjacent to a 40 foot ri ht-of-wa crea ted in accordance with Section 4.1 m of the Subdivision Ordinance , then a 35 foot side yard is required. The following chart lists the requirements within the R-40 through R-2.5 Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for uses and structures other than dwellings. (d) For uses other than dwellings: ItESlOENiIAI DlSIRICTS R-4U R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5 ---------------------------------------------------------------------------------------------- (l)Minimum lot area in square feet: 40,000 30,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 (2) Minimum lot area outside of water, marsh, or wetlands. 24,000 24,000 20.000 15,000 10,000 10,000 10.000 10,000 10,000 10. 70 (3) Minimum lot width in feet: 125 lU0 IUU lUU lUU 100 100 IOU 100 J (4j Minimum front yard setback in feet: hu 50 5U 3U 30 30 30 30 30 30 Minimum front yard setback in feel when adjacent to a 40 foot right-of-way Created in accordance with Section 4.1'm of the Subdivision ordinance in feet: 55 55 55 55 35 35 35 35 35 35 (~6)Minimum side yard setback except when adjacent to a street in feet: 25 25 2h 25 20 15 15 ]5 15 15 (61)Minimum rear yard setback in feet: 25 25 25 25 20 15 15 15 15 15 (~8?Maximum lot coverage in percent: 25 25 25 30 30 40 40 40 40 40 (89)Any side yards adjacent to a street shall be a minimum of 30 feet1 except where adjacent to a 40 foot right-fo-way created in accordance with Section 4.1(m) of the Subdivision Ordinance, then a 35 foot side yard is required. ADOPTED: September 11, 1989 - 24 - Item IV-1.3.e.(4) PUBLIC WEARING PLANNING ITEM # 31776 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance to amend and reordain Sections 901(a), 1511(a), 1511(c), 1521(a) and 1521(c) of the City Zoning Ordinance for passenger transportation terminals Voting: 11-0 Council Members Voting Aye: AI bert W. Ba I ko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Council Members Absent: None Irv AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 901(x), 1511(x), 1511(c), 1521(x) AND 1521(c) OF THE CITY ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR .• PASSENGER TRANSPORTATION TERMINALS '~ :~ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That Section 901, Use regulations, of the City Zoning Ordinance of the City of Virginia Beach, Virginia, be amended and reordained in part as follows: 901. Use regulations. (a) Principal and conditional uses. The following Ghart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C". Usps and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use B-1 B-lA B-2 B-3 6-4 Passenger transportation terminals X X RC RC RC That Section 1511(x), Principal uses and structures, of the City Zoning Ordinance of the City of Virginia Beach, Virginia, be amended and reordained in part as follows: 1511. Use regulations. (a) Principal Uses and structures: For parcels less than 14,000 square feet in size, any one of the following is allowed: {~4} RasseAge~-~PdRS~6~Sd~#AA-~eFlR~Rd~S~ {~5} 14 Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises; {~5} 15 Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; {~~} 16 Public buildings and grounds; {~8} 17 Publicuti lities installations and substations including offices; ~. 6R ------ provided storage or maintenance facilities shall not be permitted; and, provided, further, that utilities substations, other than individual transformers, shall be surrounded by a ~ wall, solid except for entrances and exits; or by a fence __ with a screening hedge five (5) to six (6)~'feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped' screening hedge, solid except for access opening; {~9} 18 Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed; For .parcels greater than fourteen thousand (14,000) square -- feet, any one of the following additional uses is.allowed: {2A} 19 Multi-family dwellings; ~. {2~} 20 Motels and Hotels which may have in conjunction with them any • combination of restaurants, retai 1 commercial use and cornenti on facilities, provided that uses in conjunction with hotels and motels may not occupy more than lOx of the floor area of all structures (excluding parking) located on the lot. • For parcels greater than 40,000 square feet, any of the above permitted uses may be used in combination on the same zoning lot with other permitted uses: That Section 1511(c), Conditional uses and structures, of the City Zoning Ordinance, of the City of Virginia Beach, Virginia, be amended and reordained in part as follows: (c) Conditional uses and structures: Uses and structures hereinafter specified, sub3ect to compliance with the provisions of part C of article 2 hereof {._ 13 Passenger transportation terminals; {~3} 14 Public utility storage or maintenance installations; {~4} 15 Radio and television broadcasting stations and line-of-sight relay devices; {.~6} 16 Recreational and amusement~facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and ` protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not i 69 be allowed as a conditional use or otherwise. That Section 1521(a), Principal uses and structures, of the City Zoning Ordinance, of the City of Virginia Beach, Virginia, be amended and reordained in part as follows: Sec. 1521. Use regulations. :~~ (a) Principal uses and structures: For parcel~s•.=less than twenty thousand (20,000) square feet in size, atiy one (1) of the following is allowed: . {~4; RasseAge~-~i~dR5~6P#~di'i#6R-tea#Aa#sj {~g~ 14 Personal service establishments, including barber and beauty shops, shoe repair shops, rleani.ng, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises; ~}b~ 15 Private clubs, lodges,. social centers, eleemosynary establishments and athletic clubs; {#~~ 16 Public buildings and grounds; ,r, {#8~ 17 Publicutilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening; {~93 18 Retail establishments, including the incidental manufacturing of goods for sale only at retail on the premises; retail .sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed; For parcels greater than 20,000 square feet, any of the following additional uses are allowed any may be used in combination with any of the permitted uses listed above: {2A~ 19 Multi-family dwellings when developed in conjunction on the same parcel with other allowed uses where the floor area of the multi-family dwellings do not exceed 709 of the total floor area of the entire project; {2~~ 20 Motels and Hotels which may have in con3unction with them any combination of restaurants, retail commercial use and convention facilities, provided that uses in conjunction with hotels and ~: 70 ... _. motels may not occupy more than 10i: of the floor area of all structures (excluding parking) located on the lot. That Section 1521(c), Conditional uses and structures, of the City Zoning Ordinance, of the City of Virginia Beach, Virginia, be amended and reordained in part as follows: ~' `~ (c) Conditional uses and structures: Uses and structures hereinafter specified, sub3ect to compliance with the provisions of Part C of Article 2 hereof: t._. 13 Passenger transportation terminals; i {~3) 14 Public utility storage or maintenance installations; ~~4~ 15 Radio and television broadcasting stations and line-of-sight relay devices; ~~ ~}6~ 16 Recreational and amusement fact 1 i ti es of an outdoor nature, whi ch may be partially or temporarily enclosed on a seasonal basis ,.. with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of ad3acent properties, except than riding academies and recreational campgrounds shall not ` be allowed as a conditional use or otherwise; Adopted by the Council of the City of Virginia Beach, Virginia, on v the it day of September ~ 1989 ~ 4 _ 71 L,_ ..... _._.. .. -25- Item IV-I.3.e.(5 PUBLIC HEARING PLANNING ITEM # 31777 Sheila Garrison, Phone: 420-2434, Director of Governmental and Technical Affairs, represented the Tidewater Builders Association and requested a grandfather clause be considered or criteria be an amendment to some other ordinance or policy vs the zoning ordinance; thereby, allowing existing platted properties to be non-conforming. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED, as REVISED: Ordinance to amend and reordain Section 902 of the City Zoning Ordinance pertaining to Dimensional requirements Section (2) shall be AMENDED to read: (2) The lot shall have at least 210 feet of width on each street for which ingress/egress is requested. Councilwoman McClanan requested the City Staff investigate the original Ordinance contained in City Council's agenda with suggestions concerning the zoning categories originally placed in this Amendment (0-1, 0-2, I-1, I-2 and H-1) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, P~layor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 902 3 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO DIMENSIONAL REQUIREMENTS 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 That Section 902 of the City Zoning Ordinance of the City of Virginia 10 11 Beach, pertaining to dimensional requirements, be amended and reordained 12 13 in part as follows: 14 15 ~ Notwithstanding any provision to the contrary, each lot in 16 the B-1 thru B-4 Business Districts, located at the intersection 17 of two streets, either of which is shown on the Master Street and 18 Highway Plan as a 4-lane undivided roadway or greater, shall 19 adhere to one of the following requirements: 20 ' 21 ~ The lot shall be shown with a no-ingress-egress easement 22 with access guaranteed to the site only through adjoining 23 parcels, or 24 25 ~ The lot shall have at least 210 feet of width on each 26 street for which ingress/egress is requested. Adopted by~the Council of the City of Virginia Beach, Virginia, on the 11 day of September ~ 1989. -26- Item IV-F.l.a. RESOLUTIONS/ORDINANCES ITEM # 31778 Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council ADOPTED: Resolution providing for the issuance and sale of $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof. This ADOPTION excluded the portion related to the SNAP Program. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny funding regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) - 27 - Item IV-F.lb. RESOLUTIONS/ORDINANCES ITEM # 31779 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council REAFFIRi,IED: Resolution providing for the issuance and sale of $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof. AND, APPROVED the portion related to the SNAP Program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None Councilman Sessoms ABSTAINED as a Central Fidelity Bank in Richmond, Virginia is a DEPOSITORY for the SNAP Program. The City Clerk referenced Councilman Mass's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny funding regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) -.- • ~~ v 1 O~ I~ ~ ; f . _ ~ w, ~ i = 9 .r 1, ~~~~_ BU - r~ o~ R NAT~~N JOHN D. MOSS COUNCILMAN KEMPSVIILE BOROUGH March 30, 1988 Mrs. Ruth Hodges Smith, CMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: School Board Budget Dear Mrs. Smith: 4021 GLEN ROAD VIRGINIA BEACH, VIRGINIA 23452 (804)499-0318 Pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., I make the following declaration: 1. As a member of the City Council of the City of Virginia Heach, I have a duty and responsibility to the citizens of Virginia Beach to review, make recommendations and approve or deny the School Board budget, and I intend to carry out said duties as fairly and faithfully as I can; and 2. Pursuant to the State Conflict of Interests Act prior to taking any action on the School Board budget, I am disclosing that my wife is a teacher in the Virginia Beach school system; and 3. My wife, as a teacher in a profession, occupation and group along with several hundred other teachers, could possibly be affected by City Council's vote on the School Board budget; and 4. I am able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest even though my wife; is one of many teachers within the school system. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. Ve y truly yours, -- ohn D. Moss ouncilmember Ci.t.y ot~ Vii-giizi~ I.3c~ t~l~Z JDM/CJS/awj cc: Paul A. Sciortino, Commonwealth Attorney At a regular meeting of the Council of the City of Virginia Beach, Virginia, held on the 11th day of September, 1989, at which the following members were present and absent: PRESENT: Albert W. Balko John A, Baum Vice Mayor Robert E. Fentress Harold Heischober Barbara M. Henley Reba S. McClanan John D. Nloss Mayor Meyera E. Oberndorf Nancy K. Parker John L. Perry William D. Sessoms, Jr. ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Albert W. Balko Aye John A. Baum Aye Vice Mayor Robert E. Fentress Aye Harold Heischober Aye Barbara M.Henley Aye Reba S. McClanan Aye John D. Tloss Aye Mayor Meyera E. Oberndorf Aye Nancy K. Parker Aye John L. Perry Aye Willaim D. Sessoms Aye/Abstain'~3~ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $40,210,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1989A, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND P ROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF *~City Council separated the Resolution.City Council VOTED 11-0 .ADOPTING the Resolution excluding the portion related to the SNAP Program. City Council VOTED 10-0, with Councilman William D. Sessoms ABSTAINING, REAFFIRMING the Resolution including the SNAP Program. WI-IEREAS, the issuance of $32,310,000 bonds of the City of Virginia Beach, Virginia (the City), was authorized by an ordi- nance adopted by Council on August 28, 1986, and approved by the qualified voters of the City at an election held on November 4, 1986, to finance continuing development of the City's school sys- tem, $29,400,000 of which bonds have been sold; and WI-BREAS, the issuance of $40,000,000 bonds of the City was authorized by an ordinance adopted by the Council on August 28, 1986, and approved by the qualified voters of the City at an election held on November 4, 1986, to finance continuing develop- ment of the City's street and highway system, $17,150,000 of which bonds have been sold; and WI-IEREAS, the issuance of $32,850,000 bonds of the City was authorized by an ordinance adopted by the Council on August 17, 1987, and approved by the qualified voters of the City at an election held on November 3, 1987, to finance the acquisition, construction, improvement, renovation and equipping of community recreational facilities, $5,000,000 of which bonds have been sold; and WI~REAS, the issuance of $26,300,000 bonds of the City was authorized by an ordinance adopted by the Council on December 19, 1988, and amended by Council on the date hereof, 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 is- sued and sold: -2- Project School projects, including site acquisition and improvements, planning, design, construction, renovation, expansion, equipping and furnishing of schools and related facilities Engineering and highway projects, including site acquisition and improvements, design, planning, construction, improvement, replacement, expansion and extension of streets, highways and bridges Drainage projects, including dredging Eastern Branch of Lynnhaven River Building projects, including site acquisition and improvements, design, planning, construction, improvements, renovation, expansion, equipping and furnishing of the Kempsville Public Safety and Library Services facilities and the Correction Center Amount $ 8,499,925 9,437,976 1,638,858 6,723,241 $26,300,000; and WHEREAS, it has been recommended to the Council by represen- tatives of Government Finance Associates, Inc. and Government Fi- nance Research Center (the Financial Advisors) that the City issue and sell, as a single issue of public improvement bonds, $2,910,000 of the bonds for schools, $4,000,000 of the bonds for streets and highways, $7,000,000 of the bonds for community cen- ters, and $26,300,000 of the bonds for various public improve- ments; -3- BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There are authorized to be issued and sold as a single issue of $40,210,000 public improvement bonds all of the $2,910,000 unissued amount of the bonds authorized for schools, $4,000,000 of the unissued amount of the bonds authorized for streets and highways, $7,000,000 of the unissued amount of the bonds authorized for community centers, and all of the $26,300,000 of the bonds authorized for various public improve- ments. 2. The bonds shall be designated "General Obligation Pub- lic Improvement Bonds, Series of 1989A" (the Bonds), shall be dated October 1, 1989, shall be in fully registered form, in de- nominations of $5,000 and multiples thereof, and shall be num- bered R-1 upward. The Bonds shall mature in installments on October 1 in years and amounts as follows: Year Amount Year Amount 1990 $2,015,000 2000 $2,010,000 1991 2,015,000 2001 2,010,000 1992 2,010,000 2002 2,010,000 1993 2,010,000 2003 2,010,000 1994 2,010,000 2004 2,010,000 1995 2,010,000 2005 2,010,000 1996 2,010,000 2006 2,010,000 1997 2,010,000 2007 2,010,000 1998 2,010,000 2008 2,010,000 1999 2,010,000 2009 2,010,000 Each Bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on April 1 and October -4- 1, beginning on April 1, 1990, (a) from October 1, 1989, if it is . authenticated prior to April 1, 1990, or (b) otherwise from the April 1, or October 1 that is, or immediately precedes, the date on which it authenticated (unless payment of interest thereon is in default, in which case such Bond shall bear interest from the date to which interest has been paid). Initially, one bond certificate for each maturity shall be issued to The Depository Trust Company, New York, New York (DTC), which is designated as the securities depository for the Bonds, or its nominee, and immobilized in its custody. So long as DTC is acting as securities depository for the Bonds, a book entry system shall be employed, evidencing ownership of the Bonds in principal amounts of $5,000 or multiples thereof, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its par- ticipants. Interest on the Bonds shall be payable in clearing- house funds to DTC or its nominee as registered owner of the Bonds. Principal, redemption premium, if any, and interest shall be payable in lawful money of the United States of America by the City Treasurer, who is appointed Registrar (the Registrar). Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC shall be the responsibility of such participants and other nomi- nees of beneficial owners. The City shall not be responsible or -5- liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Bonds, (b) the chief financial officer of the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securi- ties depository is not in the best interest of the City, or (c) the chief financial officer of the City determines that continua- tion of the book entry system of evidence and transfer of owner- ship of the Bonds is not in the best interest of the City or the beneficial owners of the Bonds, the City shall discontinue the book entry system with DTC. If the City fails to identify anoth- er qualified securities depository to replace DTC, the City shall authenticate and deliver replacement bonds in the form of fully registered certificates, substantially in the form as set forth in paragraph 5 with such variations, omissions or insertions that are necessary or desirable in the delivery of replacement certif- icates, and registration of transfer of the Bonds shall be per- mitted as described in paragraph 7. 3. Bonds maturing on or before October 1, 1999, are not subject to redemption prior to maturity. Bonds maturing on or after October 1, 2000, are subject to redemption prior to maturi- ty at the option of the City on or after October 1, 1999, in whole at any time or in part on any interest payment date, upon -6- payment of the following redemption prices (expressed as a per- centage of principal amount of Bonds to be redeemed) plus inter- est accrued and unpaid to the redemption date: Period During Which Redeemed Redemption Both Dates Inclusive Price October 1, 1999 to September 30, 2000 102% October 1, 2000 to September 30, 2001 101% October 1, 2001 to September 30, 2002 101 October 1, 2002 to September 30, 2003 1002 October 1, 2003 and thereafter 100 If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the chief financial of- ficer 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 par- ticular maturity are called for redemption, the Registrar shall select the Bonds to be redeemed within such maturity by lot. In either case, each portion of $5,000 principal amount shall be counted as one bond for such purpose. The City shall cause no- tice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by registered or certified mail, not less than 30 nor more than 60 days prior to the redemp- tion date, to DTC or its nominee as the registered owner thereof. The City shall not be responsible for mailing notice of redemp- tion to anyone other than DTC or another qualified securities de- pository 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 -7- 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 hereof will be issued to the registered owner upon the surrender hereof. If no qualified securities depository is the registered owner of the Bonds, the City may appoint a qualified bank as paying agent and registrar of the Bonds. If no qualified securities depository is the registered owner of the Bonds, registration of transfer of Bonds and ex- change of certificates may be effected at the office of the Reg- istrar. 4. The Bonds shall be signed by the manual or facsimile signature of the Mayor, shall be countersigned by the manual or facsimile signature of the Clerk, and the City's seal shall be affixed thereto or a facsimile thereof shall be printed thereon. No Bond signed by facsimile signatures 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 authentica- tion noted thereon. 5. The Bonds shall be in substantially the following form: REGISTERED No. R- $ REGISTERED -$- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond, Series of 1989A INTEREST RATE MATURITY DATE DATED DATE CUSIP October 1, October 1, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the City), for value received, promises to pay, upon surrender hereof, to the regis- tered owner hereof, or registered assigns or legal representa- tive, the principal sum stated about on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon semiannually on each April 1 and October 1, beginning April 1, 1990, at the annual rate stated above. In- terest is payable (a) from October 1, 1989, if this bond is au- thenticated prior to April 1, 1990, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interes*_ from the date to which interest has been paid). Principal, pre- mium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been -9- appointed Registrar (the Registrar). 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 and interest, the providing of notices and other matters shall be made as described in the City's Letter of Repre- sentation to DTC. This bond is one of an issue of $40,210,000 General Obliga- tion Public Improvement Bonds, Series of 1989A, of like date and tenor, except as to number, denomination, rate of interest, priv- ilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, in- cluding the City Charter and the Public Finance Act. Of such amount, $2,910,000 for schools and $4,000,000 for streets and highways were authorized by ordinances adopted by the Council on. August 28, 1986, and approved at an election held on November 4, 1986, $7,000,000 for community centers was authorized by an ordi- nance-adopted by the Council on August 17, 1987, and approved at an election held on November 3, 1987, and $26,300,000 for various public improvements was authorized by an ordinance adopted by the Council on December 19, 1988, and amended on September 11, 1989, without being submitted to the voters for approval at an elec- tion. Bonds maturing on or before October 1, 1999, are not subject to redemption prior to maturity. Bonds maturing on or after October 1, 2000, are subject to redemption prior to maturity at -10- the option of the City on or after October 1, 1999, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption Both Dates Inclusive Price October 1, 1999 to September 30, 2000 1020 October 1, 2000 to September 30, 2001 lOlz October 1, 2001 to September 30, 2002 101 October 1, 2002 to September 30, 2003 100 October 1, 2003 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the chief financial of- ficer 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 par- ticular maturity are called for redemption, the Registrar shall select the bonds to be redeemed within such maturity by lot. In either case, each portion of $5,000 principal amount shall be counted as one bond for such purpose. The City shall cause no- tice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by registered or certified mail, not less than 30 nor more than 60 days prior to the redemp- tion date, to DTC or its nominee as the registered owner of the bonds. -11- The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this 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 counter- signed by its Clerk, its seal to be affixed hereto and this bond to be dated October 1, 1989. COUNTERSIGNED: (SEAL) Clerk Mayor 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: -12- 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. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on the Bonds. Unless other funds are lawfully available and appropri- ated for timely payment of the Bonds, the Council shall levy and collect an annual ad valorem tax over and above all other taxes authorized or limited by law on all locally taxable property in the City sufficient to pay the principal of and interest on the Bonds, as the same become due and payable. 7. If no qualified securities depository is the registered owners of the Bonds, the City may appoint a qualified bank as paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration of Bonds. Upon surrender of any Bonds at the principal corporate trust office of -13- the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal repre- sentative in such form as shall be satisfactory to the Registrar, the City shall execute and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggre- gate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and regis- tered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such ex- change shall be at the expense of the City, except that the Reg- istrar 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 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 shown as owner on the registration books on the 15th day of the month preceding each interest payment date. 8. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to have prepared and dis- tributed to prospective bidders on the Bonds a Notice of Sale in form similar to notices used for prior City bond issues. -14- 9. The City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement of the City dated September 8, 1989, not inconsistent with this resolution as are necessary or desirable to complete it as a final Official State- ment. The City shall arrange for the delivery to the successful bidder on the Bonds of a reasonable number of copies of the Offi- cial Statement for delivery to each person to whom such bidder and members of his bidding group initially sell the Bonds. 10. After bids have been received and the Bonds have been awarded, the Mayor, the City Manager and the Clerk are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchasers thereof upon payment therefor. 11. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, including regu- lations issued pursuant thereto (the Code), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing statutes. Without lim- iting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to re- bate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds. The City shall pay any such required rebate from its general funds. -15- 12. The Council has received and reviewed the Information Statement dated September 1, 1989 (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 dated January 16, 1989 (the Contract), and the Council has determined to authorize the Treasurer to utilize SNAP in connection with the investment of the proceeds of the Bonds. The Council acknowledges that the Treasury Board of the Common- wealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. 13. Such officers of the City as may be requested are au- thorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code. Such certificate shall be in such form as may be requested by bond counsel for the City. 14. The City covenants that it shall not permit the pro- ceeds of the Bonds to be used in any manner that would result in (a) 5~ or more of such proceeds being used in a trade or business carried on by any person other than a governmental unit, as pro- vided in Section 141(b) of the Code, (b) 5~ or more of such pro- ceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of -16- 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 exist- ing law, the City need not comply with such covenants. 15. All other actions of officers of the City in conformity with the purposes and intent of this resolution and in further- ance of the issuance and sale of the Bonds are approved and con- firmed. 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 desir- able in connection with the issuance, sale and delivery of the Bonds. 16. The Clerk, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a cer- tified copy of this resolution with the Circuit Court of the City of Virginia Beach, and within 10 days thereafter to cause to be published once in a newspaper having general circulation in the City a notice setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds and the amount for each purpose. -17- 17. All resolutions or parts of resolutions in conflict + herewith are repealed. 18. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Vir- ginia, certifies that the foregoing constitutes a true and cor- rect extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held on the 11th day of September, 1989, and of the whole thereof so far as applicable to the mat- ters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of September, 1989. Clerk, City of Virginia Beach, Virginia (SEAL) -18- - 28 - Item IV-F.2. RESOLUTIONS/ORDINANCES ITEM # 31780 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Resolution providing for the issuance and sale of $2,000,000 General Obligation Public Improvement Bonds, Series of 1989B (Capital Appreciation Minibonds), of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof. This ADOPTION included the SNAP program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None Councilman Sessoms ABSTAINED as a Central Fidelity Bank in Richmond, Virginia is a DEPOSITORY for the SNAP Program. At a regular meeting of the Council of the City of Vir- ginia Beach, Virginia, held on the 11th day of September, 1989, at which the following members were present and absent: PRESENT: Albert W. Balko John A. Baum Vice Mayor Robert E. Fentress Harold Heischober Barbara M. Henley Reba S. rlcClanan John D. Moss Ivlayor Meyera E. Oberndorf Nancy K. Parker John L. Perry William D. Sessoms, Jr. ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Council, the ayes and nays being recorded in the minutes of .the meeting as shown below: MEMBER VOTE Albert W. Balko Aye John A. Baum Aye Vice I,ayor Robert E. Fentress Aye Harold Heischober Aye Barbara M. Henley Aye Reba S. McClanan Aye John D. Moss Aye Mayor Meyera E. Oberndorf Aye Nancy K. Parker Aye John L. Perry Aye Willaim D. Sessoms, Jr. Abstain RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,000,000 GENERAL OBLIGATION PUBLIC IM- PROVEMENT BONDS, SERIES OF 1989B (CAPITAL AP- PRECIATION MINIBONDS), OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF. -z- WI~REAS, the .issuance of $40,000,000 bonds of the City was authorized by an ordinance adopted by the Council (the Council) of the City of Virginia Beach, Virginia (the City), on August 28, 1986, and approved by the qualified voters of the City at an election held on November 4, 1986, to finance continuing development of the City's street and highway system, $17,150,000 of which have been sold and the issuance and sale of an addition- al $4,000,000 of which has been authorized by a resolution adopt- ed on the date hereof; and WI~REAS, the Council desires to sell an additional $2,000,000 of such bonds as capital appreciation minibonds to provide a convenient opportunity for citizens to participate in the sale of bonds of the City; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There are authorized to be issued and sold $2,000,000 of the $40,000,000 bonds heretofore authorized and approved by the qualified voters of the City to finance continuing develop- ment of the City's street and highway system. 2. The bonds shall be designated "General Obligation • Public Improvement Bonds, Series of 19898 (Capital Appreciation Minibonds)" (the Bonds) shall be dated the date of their deliv- ery, shall be in fully registered form in denominations of $500 and multiples thereof, and shall be numbered R-1 upward. The Bonds shall mature three, four and five years from their date, as -3- may be determined by the purchasers thereof and ratified by the Council hereafter, and shall bear interest at rates to be deter- mined by the Council hereafter, compounded semiannually and pay- able at maturity. Principal and interest shall be payable in lawful money of the United States of America to the registered owners upon surrender of Bonds at their maturity at the City's Department of Finance, Municipal Center, Virginia Beach, Vir- ginia, which is appointed Registrar (the Registrar). The Direc- tor of Finance, or his designee or designees, shall act on behalf of the Registrar. 3. The Bonds shall not be subject to redemption prior to maturity, except as follows. In the event of the death of all registered owners of any Bond, such Bond shall be redeemed by the City, upon evidence thereof reasonably acceptable to the Registrar, within 10 days of presentation to the Registrar at its accreted value on the date of redemption. For purposes of the preceding sentence, accreted value of redeemed Bonds shall be determined based on the semian- nual compounding of the original principal amount at the stated interest rate of the Bonds to the redemption date based on a 30- • day month and a 360-day year. 4. The Bonds shall be signed by the facsimile signature of the Mayor, shall be countersigned by the facsimile signature of the Clerk, and a facsimile of the City's seal shall be printed thereon. No bond shall be valid until it has been authenticated -4- by the manual signature of an authorized officer or employee of the Registrar. 5. The Bonds shall be in substantially the following form: THIS BOND IS NONTRANSFERABLE AND NONASSIGNABLE. REGISTERED No. R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH REGISTERED General Obligation Public Improvement Bond, Series of 1989B (Capita_1_Appreciation Minibonds) INTEREST RATE MATURITY DATE DATED DATE October _, 199_ October _, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the City), for value received, promises to pay, upon surrender hereof at its De- partment of Finance, Municipal Center, Virginia Beach, Virginia (the Registrar), to the registered owner hereof, the principal sum stated above on the maturity date stated above, and to pay interest hereon at the rate stated above, compounded semiannually -5- and payable at maturity. Principal and interest are payable in lawful money of the United States of America. THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF. All acts, conditions and things required by the Constitu- tion 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 in- debtedness of the City, is within every debt and other limit pre- scribed by the Constitution and statutes of the Commonwealth of Virginia. This bond shall not be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by the facsimile signature of its Clerk, a facsimile of its seal to be printed hereon and this bond to be dated October _, 1989. COUNTERSIGNED: (SEAL) Clerk Mayor -6- CERTIFICATE OF AUTHENTICATION This bond is one of the ,bonds described in the within- mentioned resolution. CITY OF VIRGINIA BEACH, VIRGINIA DEPARTMENT OF FINANCE Registrar By Authorized Signature (Reverse of Bond) ADDITIONAL BOND PROVISIONS This bond is one of an issue of $2,000,000 General Obli- gation Public Improvement Bonds, Series of 1989B (Capital Appre- ciation Minibonds), of .like date and tenor, except as to number and denomination, authorized by an ordinance adopted by the Coun- cil on August 28, 1986, and approved by the qualified voters. of the City at an election held on November 4, 1986, and is issued pursuant to the. Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act, to finance continuing development of the City's street and high- way system. The bonds are not subject to redemption prior to maturi- ty, except as follows. In the event of the death of all registered owners of this bond, this bond will be redeemed by the City, upon evidence thereof reasonably acceptable to the Registrar, within 10 days of -~- presentation to the Registrar at its accreted value on the date of redemption. For purposes of the preceding sentence, accreted value of redeemed bonds shall be determined based on semi-annual compounding of the original principal amount at the stated inter- est rate of the bonds to the redemption date based on a 30-day month and a 360-day year. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on this bond. The bonds are issuable as fully registered bonds in de- nominations of $500 and multiples thereof. The bonds are not transferable or assignable. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. If this bond is registered in the name of more than one registered owner, it shall be deemed to be registered in such owners' names as joint tenants with right of survivorship. 6. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest on the Bonds. .Unless other funds are lawfully available and appropri- ated for timely payment of the Bonds, the Council shall levy and collect an annual ad valorem tax over and above all other taxes authorized or limited by law on all locally taxable property in -8- the City sufficient to pay the principal of and interest on the Bonds, as the same become due and payable. 7. The Registrar shall maintain registration books for the registration of Bonds. The Registrar shall treat the regis- tered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. All Bonds registered in the name of more than one registered owner shall be deemed to be registered in such owners' names as joint tenants with right of survivorship. 8. The interest rate or rates on the Bonds shall be de- termined by the Council at the time of the sale of the City's $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A (the Series of 1989A Bonds). 9. The City shall arrange for the delivery to each pur- chaser of the Bonds a copy of the final Official Statement pre- pared in connection with the Series 1989A Bonds and an Offering Circular describing the Bonds, the preparation and distribution of which are authorized. 10. The Bonds shall be sold at public sale by the Regis- trar, upon such terms and conditions as the Director of Finance • shall reasonably determine that are not inconsistent with this resolution. 11. After the interest rate has been determined, the Mayor, the City Manager, the Clerk and the Registrar are autho- rized and directed to take all proper steps to have the Bonds -9- prepared and executed in accordance with their terms and to de- liver the Bonds to the purchasers thereof upon payment therefor. 12. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section. 148 of the Internal Revenue Code of 1986, as amended, including regu- lations issued pursuant thereto (the Code), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing statutes. Without lim- iting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to re- bate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds. The City shall pay any such required rebate from its general funds. 13. The Council has received and reviewed the Information Statement dated Septemer 1, 1989 (the Information Statement), de- scribing the State Non-Arbitrage Program of the Commonwealth of Virginia (SNAP) and the Contract Creating the State Non-Arbitrage Program Pool I dated January 16, 1989 (the Contract), and the Council has determined to authorize the Treasurer to utilize SNAP in connection with the investment of the proceeds of the Bonds. The Council acknowledges that the Treasury Board of the Common- wealth of Virginia is not, and shall-not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. -10- 14. Such officers of the City as may be requested are au- thorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of the Code. Such cex•tifi- cate shall be in such form as may be requested by bond counsel for the City. 15. The City covenants that it shall not permit the pro- ceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds being used in a trade or business carried on by any person other than a governmental unit, as pro- vided in Section 141(b) of the Code, (b) 5% or more of such pro- ceeds 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 exist- ing law, the City need not comply with such covenants. 16. All other actions of officers of the City in confor- mity with the purposes and intent of this resolution and in -11- furtherance of the issuance and sale of the Bonds are approved and confirmed. The officers of the City are authorized and di- rected to execute and deliver all certificates and instruments and to take all such further action as may be considered neces- sary or desirable in connection with the issuance, sale and de- livery of the Bonds. 17. All resolutions or parts of resolutions in conflict herewith are repealed. 18. The Clerk, in collaboration with the City Attorney, is authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach. 19. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Vir- ginia, certifies that the foregoing constitutes a true and cor- rect extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held on the 11th day of September, 1989, and of the whole thereof so far as applicable to the mat- ters referred to in such extract. -12- WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of September, 1989. Clerk, City of Virginia Beach, Virginia (SEAL) -29- Item IV-F.2.a. RESOLUTIONS/ORDINANCES ITEM # 31781 BY CONSENSUS, City Council SCHEDULED: SPECIAL SESSION Tuesday, September 19, 1989 12:30 P.M. City Council Chambers AWARDING a Low BId on $40,210,000 General Obligation Public Improvement Bonds, Series of 1989A ESTABLISHING the rate of interest for the $2,000,000 General Obligation Public Improvement Bonds, Series of 19896, Capital Appreciation Minibonds. - 30 - Item IV-F. 3. RESOLUTIONS/ORDINANCES ITEM # 31782 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED: Resolution directing the Planning Commission to examine and make its recommendation concerning the elimination of duplexes as a conditional use in the City~s Agricultural Districts. The Planning Commission shall forward its recommendation to City Council within ninety days. Voting: 11-0 Counc i I Members Voting Aye: AI bert W. Ba I ko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyers E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Counc i I Members Voting Nay None Council Members Absent: None 1 A RESOLUTION DIRECTING THE PLANNING 2 COMMISSION TO EXAMINE AND MAKE ITS 3 RECOMMENDATION CONCERNING THE ELIMINATION OF 4 DUPLEXES AS A CONDITIONAL USE IN THE CITY'S 5 AGRICULTURAL DISTRICTS 6 WHEREAS, currently, in the City Zoning Ordinance 7 duplexes are a conditional use in the agricultural districts (AG- 8 1 and AG-2), and 9 WHEREAS, the City Council is of the opinion that 10 duplexes may not be compatible with agricultural purposes; and 11 WHEREAS, the City Council desires that the Planning 12 Commission examine the suitability of duplexes as a conditional 13 use in the agricultural districts; 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 6 1. That the Planning Commission is hereby directed to 17 examine and to make its recommendation to the City Council as to 18 whether duplexes should be eliminated as a conditional use in the 19 City's agricultural districts. 20 2. The Planning Commission shall forward its 21 recommendation to the City Council within ninety (90) days of the 22 date of the adoption of this Resolution. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia on the 11th day of September, 1989. 25 GLF/clb 26 08/23/89 27 CA-3446 - 31 - Item IV-F.4. RESOLUTIONS/ORDINANCES ITEM # 31783 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Amendment to Ordinance (adopted December 12, 1988), authorizing the issuance of General Obligation Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $26,300,000 for various public facilities and general improvements. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None The City Clerk referenced Councilman Moss's letter of rlarch 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny funding regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) AMENDMENT TO ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $26,300,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL IMPROVEMENTS i i ~ii WHEREAS, the Council of the City of Virginia Beach, Virginia (the City), by an ordinance adopted on December 19, 1988 (the Or- dinance), authorized the issuance of general obligation public improvement bonds in the maximum amount of $26,300,000 to finance certain projects, in the amounts set forth therein; and WHEREAS, the City desires to amend the Ordinance to reallocate the maximum amount of $26,300,000 among the projects set forth therein; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACIi, ' VIRGINIA: 1. The Ordinance is amended to provide that the public im- ' provement bonds of the City, to be issued in the maximum amount of $26,300,000, be used to provide funds, together with other funds that may be available, in amounts reallocated among the purposes set forth in the Ordinance as follows: School projects, including site $ 8,499,925 acquisition and improvements, planning, design, construction, renovation, expansion, equipping and furnishing of schools and related facilities. ~~ Engineering and highway projects, 9,437,976 including site acquisition and improvements, design, planning, "' construction, improvement, replacement, expansion and extension of streets, highways and bridges. Drainage projects, including dredging 1,638,858 the Eastern Branch of the Lynnhaven River. Building projects, including site 6,723,241 acquisition and improvements, design, planning, construction, improvements, renovation, expansion, equipping and furnishing of the Kempsville Public Safety and Library Services facilities and the Correction Center. $26,300,000 Any amount not needed for any of such purposes may be used for any other of such purposes. The bonds may be issued as a separate issue or combined with bonds authorized for other pur- poses and sold as part of a combined issues of public improvement bonds. 2. All ordinances or parts of ordinances in conflict here- with are repealed. 3. This Ordinance shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Vir- ginia, on the 11th day of September, 1989 Approved: Mayor, City of Virginia Beach, Virginia FIRST RENDING: August 28, 1989 SECOND READING: September 11, 1989 - 32 - Item IV-F.S. RESOLUTIONS/ORDINANCES ITEM # 31784 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND Chapter 35, Article II, Division 2 of the Code of the City of Virginia Beach, Virginia re the assessment of land devoted to agricultural., horticultural, forest or open-space use by ADDING thereto a new Section 35-48.1 re special requirements concerning open-space uses. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council rlembers Voting Nay: None Council Members Absent: John L. Perry 1 AN ORDINANCE TO AMEND CHAPTER 35, ARTICLE II, 2 DIVISION 2 OF THE CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE 4 ASSESSMENT OF LAND DEVOTED TO AGRICULTURAL, 5 HORTICULTURAL, FOREST OR OPEN-SPACE USES BY 6 ADDING THERETO A NEW SECTION 35-48.1 7 PERTAINING TO SPECIAL REQUIREMENTS CONCERNING 8 OPEN-SPACE USES 9 Be it ordained by the Council of the City of Virginia 10 Beach, Virginia, that Chapter 35 of the Code of the City of 11 Virginia Beach is hereby amended and reordained by adding thereto 12 a new section 35-48.1 to read as follows: 13 Section 35-48.1. Special requirements as to o en-s ace uses. 14 In addition to all other requirements recited in this 15 division, no property shall qualify for assessment on the basis 16 of an "open-space use" unless the real estate assessor shall 17 first determine that such property is (i) within an agricultural, 18 a forestal, or an agricultural and forestal district entered into 19 pursuant to Chapter 36 of Title 15.1, or (ii) subject to a 20 recorded perpetual easement that is held by a ublic body, and 21 promotes the open-space use classification, as defined in § 58.1- 22 3230, or (iii) subject to a recorded commitment entered into by 23 the landowners with the local governin body not to change the 24 use to a nonqualifying use for a time period stated in the 25 commitment of not less than four (4) years nor more than ten (10) 26 years. Such commitment shall be subject to uniform standards 27 prescribed by the Director of the Department of Conservation and 28 Historic Resources pursuant to the authority set out in ~ 58.1- 29 3240. Such commitment shall run with the land for the a licable 30 period, and may be terminated in the manner provided in ~ 15.1- 31 1513 for withdrawal of land from an a ricultural, a forestal or 32 an agricultural and forestal district. 33 This ordinance shall be effective on and after 11 34 September, 1989 . 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia on the 11 day of _ ~ep~ernber , 1989. 37 GLF/epm 38 05/17/89 39 CA-89-3326 40 \ordin\proposed\35-048-1.pro .,,~,~,~~vED AS TC~ CC?N,TEN i ~~ ,C 51G:~IA1'UkF. La,,t/ C~E~,~\ecT,'AEr ST A?~nGVEI~ i~,S TO E.E.G/~4. SUFFiCEENCY AND FG~v9 •C CITY ATTORNEY 2 OPEN-SPACE USE AGREEN~IT This Agreement, made this .,day of 1.9 between ' hereinafter called the Owner, and the CITY OF VIRGINIA BEACH, a political subdivision of the Commonwealth of Virginia, hereinafter called the City, recites and provides as follows: RECITALS 1. The Owner is the owner of certain real estate, described below, hereinafter called the Property; and 2. The City is the local governing body having real estate tax jurisdiction over the Property; and 3. The City has determined:. A. That it is in the public interest that the Property should be provided or preserved for [Insert one or more of the following uses: park or recreational purposes; conservation of land; conversation of (insert description of other natural resource); and historic area; a scenic area; assisting in the shaping of the character, direction and timing of community development; or other. use which serves the public interest by the preservation of open- space land as provided in the land-use plan.]; and B. That the Property meets the applicable criteria for real estate devoted to open-space use as prescribed in Article 4 (~ 58.1-3229, et. sec.:) of Chapter 32 of Title 58.1 of the Code o~ Virginia, and the standards for classifying such real estate prescribed by the Director of the Virginia Department of Conservation and Historic Resources; and C. That the provisions of this agreement meet the .> - requirements and standards prescribed under § 58.1- 3233 of ~' the Code of Virginia for recorded commitments by landowners not to change an open- space use to a non-qualifying use; and 1 4. The Owner is willing to make a written recorded commitment to preserve and protect the open-space uses of the Property during the term of this agreement in order for the Property to be taxed on the basis of a use assessment and the Owner has submitted an application for such taxation to the assessing officer of the City pursuant to § 58.1-3234 of the Code of Virginia and [citation of local ordinance]; and 5. The City is willing to extend the tax for the Property on the basis of a use assessment commencing with the next succeeding tax year and continuing for the term of this agreement, in consideration of the Owner's commitment to preserve and protect the open-space uses of the Property, and on the condition that the Owner's application is satisfactory and that. all other requirements of Article 4, Chapter 32, Title 58.1 of the Code of Virginia. and [citation of local ordinance] are complied with. NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants and terms herein contained the parties hereby covenant and agree as follows: 1. This agreement shall apply to all of the following described real estate: [Insert property description) 2. The Owner agrees that during the term of this agreement: A. There shall be no change in the use or uses of the Property that exist as of the date of this agreement to any use 'that would not qualify as an open-space use. B. There shall be no display of billboards, signs or other advertisements on the Property, except to (i) state solely the name of the Owner and the address of the Property; (ii) advertise the sale or lease of the Property; (iii) advertise the sale of goods or services produced pursuant to the permitted use of the Property; or (iv) provide warnings. No sign shall exceed four feet by four feet. C. There shall be no construction, placement or maintenance of any structure on the Property unless such structure is either: .. ,w (1) on the Property as of the date of this agreement; or 2 ,. (2) related to and compatible with the open-space uses of the Property which this. agreement is intended to protect oriprovide for. D. There shall be no accumulations of trash, garbage, ashes, waste, junk, abandoned property or other unsightly or offensive material on the Property. E. There shall be no filling, excavating, mining, drilling, removal of topsoil, sand, gravel, rock, minerals or other materials which alters the topography of the Property, except as required in the construction of .permissible building, structures and features under this agreement. F. There shall be no construction or placement of fences, screens, hedges, walls or other similar barriers which materially obstruct the public's view of scenic areas of the Property. G. There shall be no removal or destruction of trees, shrubs, plants and other vegetation, except that the Owner may: (1) engage in agricultural, horticultural or silvicultural activities, provided that. there shall be no cutting of trees, other than selective cutting and salvage of dead or dying trees, within 100 feet of a scenic river, a scenic highway, a Virginia Byway or public property listed in the approved State Comprehensive Outdoor Recreation Plan (Virginia Outdoors Plan); and (2) remove vegetation which constitutes a safety, a health or an ecological hazard. *H. There shall be no alteration or manipulation of natural water courses, shores, marshes, swamps, wetlands or other water bodies, nor any activities or uses which adversely affect water quality, level or flow. *I. On areas of the Property that are being provided or preserved for conversation of land, floodways or other natural resources, or that are to be left in a relatively natural or undeveloped state, there shall be no operation of dune buggies, all- terrain ~••~vehicles, motorcycles,. motorbikes, snowmobiles or other motor vehicles, except to the extent necessary to inspect, protect or preserve the area. 3 J. There shall be no industrial or commercial activities conducted on the Property, except for the continuation of agricultural, horticultural or silvicultural activities; or activities that are conducted in a residence or an associated outbuilding such as a garage, smokehouse, small shop or similar structure which is permitted on the Property. K. There shall be no separation or split-off of lots, pieces or parcels from the Property. The Property may be sold or transferred during the term of this agreement only as the same entire parcel that is the subject. of this agreement; provided, however, that the Owner may grant to a public body or bodies open-space, conservation or historic preservation easements which apply to all or part of the Property. 3. This agreement shall be effective upon acceptance by the City; provided, however, that the real estate tax for the Property shall not be extended on the basis of its use value until the next succeeding tax year following timely application by the Owner for use assessment and taxation in accordance with [citation of applicable local ordinance]. Thereafter, this agreement shall remain in effect for a term of {Insert a period of not less than 4 nor more than 10] consecutive Years. 4. Nothing contained here in shall be construed as giving to the public a right to enter upon or to use the Property or any portion thereof, except as the Owner may otherwise allow, consistent with the provisions of this agreement. 5. The City shall have the right at all reasonable. times to enter the Property to determine whether the Owner is complying with the provisions of this agreement. 6. Nothing in this agreement shall be construed to create in the public or any member thereof a right to maintain a suit for any damages against the Owner for any violation of this agreement.. 7. Nothing in the agreement shall be construed to permit the Owner to conduct any activity or to build or maintain any•,4improvement which is otherwise prohibited by law . •4 4 .. 8. If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, the remainder of the agreement shall not be affected thereby. 9. The provisions of this agreement shall run with the land and be binding upon the parties, their successors, assigns, personal representatives, and heirs. 10. Words of orie gender used herein shall include the other gender, and words in the singular shall. include words in the plural., whenever the sense requires. 11. This agreement may be terminated in the manner provided in § 15.1-1513 of the Code of Virginia for withdrawal of land from an agricultural, a forestal or an .agricultural and forestal district. 12. Upon termination of this agreement, the Property shall thereafter be assessed and taxed at its fair market value, regardless of its actual use, unless the City determines otherwise in accordance with applicable law. 13. Upon execution of this agreement, it shall be recorded with the record of land titles. in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the Owner's expense. 14. NOTICE: WHEN THE OPEN-SPACE USE OR USES BY WHICH THE PROPERTY QUALIFIED FOR ASSESSMENT AND TAXATION ON THE BASIS OF USE CHANGES TO A NONQUALIFYING USE OR USES, OR WHEN THE ZONING FOR THE PROPERTY CHANGES TO A MORE INTENSIVE USE AT THE REQUEST OF THE OWNER, THE PROPERTY, OR SUCH PORTION OF THE PROPERTY WHICH NO LONGER QUALIFIES, SHALL BE SUBJECT TO ROLL-BACK TAXES IN ACCORDANCE WITH § 58.1-3237 OF THE CODE OF VIRGINIA. THE OWNER SHALL BE SUBJECT TO ALL OF THE OBLIGATIONS AND LIABILITIES OF SAID CODE SECTION. *Paragraphs H and I must be included in agreements for properties which are to be provided or preserved for natural areas left in undeveloped states, including floodways. These paragraphs are unnecessary for r .•u 5 agreements for other types of land uses, such as for a park or a farm use. I (SEAL) Owner i CITY OF VIRGINIA BEACH By [ACKNOWLEDGMENTS] n .4 ~4 6 - 33 - CONSENT AGENDA ITEM # 31785 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5, 6, 7 and 8 of the CONSENT AGENDA. Item 3 was pulled for a separate vote. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Councilman Albert W. Balko ABSTAINED on Item 3 as he is retired from the Chesapeake and Potomac Telephone Company. Council Members Absent: John 1. Perry #Councilman Perry had to leave to take his wife to the Doctor. - 34 - Item IV-G.l CONSENT AGENDA ITEM # 31785 Fagan D. Stackhouse, Director of Personnel, responded to City Council concerns. Fagan D. Stackhouse advised they hoped for 15 to 20 percent participation in the program. A BRIEFING will be SCHEDULED for City Council during this Fall. Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Resolution authorizing the City Manager to enter into a contract for a Flexible Benefits Plan utilizing Flexible Spending Accounts for City employees; and, to establish a payment mechanism for program funding. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry ~' - - ~ --'- - - ~ , , .,1,., 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER 2 INTO A CONTRACT FOR ,FLEXIBLE BENEFITS PLAN iJTILIZING 3 FLEXIBLE SPENDING ACCOUNTS FOR CITY EMPLOYEES AND 4 TO ESTABLISH A PAYMENT MECHANISM FOR PROGRAM FUNDING 5 WHEREAS, City Council desires to offer a flexible benefits 6 plan to employees and their families; 7 WHEREAS, on August 4, 1989, seven proposals were submitted to 8 provide a flexible benefits plan utilizing flexible spending 9 accounts for City employees; 10 WHEREAS, a subcommittee has reviewed the proposals and 11 indicates that the most advantageous proposal to supply 12 administrative services in connection with a flexible benefits plan 13 to the City was submitted by Flexible Administrators, Inc. 14 WHEREAS, the Department of Personnel has researched Flexible 15 Spending Accounts and recommends this benefit added as a part of ~. 16 the City's benefit package for City employees; 17 WHEREAS, the costs associated with program implementation and 18 administration will be paid by individual departments based upon 19 eligible and participating employees. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby 22 authorized to enter into an agreement with Flexible Benefit 23 Administrators, Inc., to provide for the administration and 24 communication of the City of Virginia Beach Flexible Benefit Plan 25 which will be effective on January, 1, 1990, for City employees and 26 the Flexible Spending Account Program is hereby added to enhance 27 the benefit package for City employees. 28 BE IT FURTHER RESOLVED that all costs associated with program 29 implementation and administration be paid by individual departments 30 based upon eligible and participating employees. 31 Resolved by the Council of the City of Virginia Beach, 32 Virginia, on the it day of September , 1989. -35- CONSENT AGENDA ITEM # 31786 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 18-76.2 re obtaining permits; weighing devices. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry CantAmhAr 11 1QRQ APPROV~~ ~'~5 ,'~ ~.... SIGNF.tiJ`dE ~:~.c~ DEPARThgI:N' APPRGVCD AS 'i~ ~.EGAL `' ~CI~NCY AND FC RM ~,~° ~<~d j,~ ~, ~,,,~.. -- _ ~ , CITY ATTORNEY 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, BY ADDING SECTION 4 18-76.2, PERTAINING TO OBTAINING 5 PERMITS; WEIGHING DEVICES 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That the Code of the City of Virginia Beach, Virginia, is 9 hereby amended and reordained by adding section 18-76.2 to read as 10 follows: 11 Section 18-76.2. Permit required; method of obtaining permit; no 12 convictions of certain crimes; approval of 13 weighing devices; renewal; permanent location 14 required. 15 (a) No person shall engage in the activities of a dealer as 16 defined in section 18-76.1, without first obtaining a permit from 17 the chief of police. {8 (b) To obtain a permit, the dealer shall file with the chief 19 of police an application form which includes the dealer's full 20 name, any aliases, address, age, date of birth, sex, and 21 fingerprints; the name, address, and telephone number of the 22 applicant's employer, if any; and the location of the dealer's 23 place of business. Upon filing this application and the payment 24 of a two hundred dollar ($200.00) application fee, the dealer 25 shall be issued a permit by the chief of police or his designee, 26 provided that the applicant has not been convicted of a felony or 27 crime of moral turpitude within seven (7) years prior to the date 28 of application. Further, the uermit shall be denied if the 29 applicant has been denied a permit or has had a permit revoked ~) under any statute or ordinance similar in substance to the ~: provision of this section, and may be denied if the applicant has 32 been a principal or associate in any partnership, corporation or 33 other business enterprise which has been subiect to civil or 34 criminal penalty or any order to cease doing business issued by a 35 federal, state or local governmental law enforcement or consumer 36 protection agency. 37 (_c) The chief of police, prior to issuance of a permit, 38 shall determine that the dealer intends to conduct business at a 39 fixed and permanent location and shall require roof of ownershi 0 of the proposed business remises by the a licant or his l employer, or evidence of a valid lease of such premises held by 42 the applicant or his employer, of no less duration than the term 43 of the license. Conduct of business from a hotel, motel, 44 temporary lodging unit or similar location shall not satisfy the 45 requirements of this section. 46 (d) Before a permit may be issued, the dealer must have all 47 weighing devices used in his business inspected and approved by 48 local or state weights and measures officials and present written 49 50 51 ,~ 2 3 54 55 56 57 58 59 60 61 of the City of Virginia Beach, September 1989 . 62 WEB/lmt 63 07/26/89 64 08/22/89 5 CA-03411 \ordin\proposed\18-076-2.pro evidence of such approval to the chief of olice or his designee. (e) This permit shall be valid for one year from the date issued and may be renewed in the same manner as such ermit was initially obtained with an annual permit fee of two hundred dollars ($200.00. No permit shall be transferable. (f ) If the business of the dealer is not o erated without interruption, with Saturdays, Sundays and reco nized holidays excepted, the dealer shall notify the chief of olice of all closings and reopenings of such business The business of a dealer shall be conducted only from the fixed and permanent location specified in his a lication for a permit Adopted by the Council Virginia on 11 day of 2 -36- CONSENT AGENDA ITEM # 31786 The following represented the applicant: Attorney R. Edward Bordon, Jr., Suite 525, Pembroke One Building, Phone: 499- 8971 represented the applicant David Wright, Engineer, Pembroke Four, Suite 401 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing the City Manager to execute a Deed of Easement with the Chesapeake and Potomac Telephone Company to grant an easement at the intersection of Bayne Drive and Old Donation Drive. APPROVAL shall be subject to submission of a Landscaping Plan. Voting: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Nloss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Albert W. Balko Council Members Absent: John L. Perry Councilman Albert W. Balko as he is retired from the Chesapeake and Potomac Telephone Company. CPntAmhar 11 1QRA 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A DEED OF 3 EASEMENT WITH THE CHESAPEAKE AND 4 POTOMAC TELEPHONE COMPANY TO GRANT 5,~,, AN EASEMENT AT THE INTERSECTION OF 6 BAYNE DRIVE AND OLD DONATION DRIVE ~. ~ i 7 WHEREAS, the City of Virginia Beach owns property which 8 is bordered by Old Donation Drive, Bayne Drive, a large drainage 9 canal and a City Park in the City of Virginia Beach, as more 10 particularly shown on the attached plat; and 11 WHEREAS, the Chesapeake and Potomac Telephone Company 12 of Virginia has requested that the City of Virginia Beach grant a 13 Building Site easement for an unmanned switching station and an 14 ingress egress easement for the duration of the Building Site 15 easement located at Bayne Drive and Old Donation Drive; and 16 WHEREAS, there will be no personnel stationed at the ~~ l~ site and there will be no materials hazardous to the environment ~~ 18 installed or stored on the site. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 20 THE CITY OF VIRGINIA BEACH, VIRGINIA: 21 That the City Manager is authorized and directed to 22 execute a deed of easement granting an easement to Chesapeake and 23 Potomac Telephone Company of Virginia for the purpose of 24 constructing thereon a small building to house communications 25 equipment and for no other purpose. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 11 day of September ~ 198 9• JAR/ih 08/09/89 CA-3425 \ordin\noncode\c&pbayne.ord ,. 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ATTOIiNEY8 AT LAW THIS DEED OF EASEMENT made this day of , 1983, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation in the Commonwealth of Virginia, party of the first part, and THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY, a Virginia corporation, party of the second part. W I T N E S S E T H: That for and in consideration of the premises and the benefits accruing or to accrue to the party of the first part, and other good and valuable consideration, the party of the first part does hereby grant and convey or release its respective interest, in and to the hereinafter described easement area, to the party of the second part, or its successors, to construct, reconstruct, alter, operate and maintain a communication facilitating system consisting of a building, necessary electric service, telephone cables, posts, terminals, location markers and such other appurtenances as the party, of the second part may require in, under, upon and across lands and property of the party of the first part, including the right of ingress and egress to the same, described as follows: ALL THAT certain piece or parcel of land shown as a Building Site Easement containing 0.0437 acres on that certain PLAT OF EASEMENT HEREBY GRANTED TO CHESAPEAKE & POTOMAC TELEPHONE COMPANY OF VIRGINIA BY THE CITY OF VIRGINIA BEACH, VIRGINIA BEING PART OF CERTAIN PROPERTIES LOCATED BETWEEN GREAT NECK ROAD AND FIRST COLONIAL ROAD IN CITY OF GPIN #2408-43-3844 VIRGINIA BEACIi, VIRGINIA, a copy of which is attached hereto as Exhibit "A". Together with an Ingress-Egress Easement as shown on Exhibit "A". The Building Site Easement is more particularly described as beginning at a pin located on the northern right' of way line of Old Donation Drive 100' R/W (M.B. 80, p. 21; M.B. 108, p. 32; M.B. 111, p. 23) at the southwest corner of that property now or formerly known as Bancroft. Hall as platted in M.B. 80, p. 21, thence proceeding North O1° 49' S9" west, 76.57 feet to a pin at the TRUE POINT OF BEGINNING, thence South 76° 32' 25" west, 93.50 feet to a pin; thence north 13° 27' 35" west, 40.00 feet to a pin; thence north 76° 32' 25" east, 51.73 feet to a pin; thence south O1° 49' S9" east, 40.84 feet to the TRUE POINT OF BEGINNING. The said party of the first part does hereby reserve GUY, CROMWEII„ 8ET2 J!t LUSTIG, P.C. ATTORNEYS AT LAW unto itself, its successors and ~ass.gns a "20' Drainage Easement" across the eastern most twenty feet of the Building Site as shown on the attached Exhibit "A". J It is agreed between the parties hereto that the party of the second part and its agents, assigns, and/or successors shall have the right to inspect the, said Building Site Easement and to cut and clean all undergrowth and other obstructions in and along the said easement or adjacent thereto that may in any way endanger or interfere with the proper use of same. The said party of the first part covenants that it is seized in fee simple of the said property; that it has the right to convey the same unto the said party of the second part; that the party of the second part shall have quiet and -2- . , ~~ GUY, CflOMWELL, BET2 di LUSTIG, P.C. ATTORNEYS AT lAW peaceable possession of the same, free from all encumbrances; and, that the party of the first part will execute such further assurances of title as may be requisite. The party of the first part herein shall not be responsible for: Any damages to property or injuries to persons that may arise from or be incident to the use and occupation of the said premises; for any injuries to any other persons or their property on said premises at the invitation of the party of the second part; and, the party of the second part shall hold the party of the first part harmless from any and all such claims. Additionally, the party of the first part shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the construction, maintenance, and use of the easement or improvements thereon. The party of the second part COVENANTS to maintain the easement in good repair so that no unreasonable damage will result from its use to the adjacent land of the party of the first part, their successors ~~nd-:.assigns. It is the intent of the parties that this easement be granted for a period of forty (40) years, however, in the event the party of the second part abandons the easement, -party of the second part ,warrants that, if requested to do so by party of the first part, it will remove any improvements made by it -3- to the property and restore the premises to its original condition. The grant and other provisions of this easement shall constitute a covenant running with the land for~the benefit of 'the party of the second part, its successors and assigns. IN WITNESS WIiEREOF, the parties have executed this instrument. CITY OF VIRGINIA BEACH, VIRGINIA By: Aubrey V. Watts, Jr. City Manager (Attest: Ruth Hodges Smith, City Cleric TsHE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA By: GUY,CflOMWELL,BETZ 6 LUSTIG, P.C. ~nonHara wt ~~w STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that Aubrey V. Watts, Jr., City Manager for THE CITY OF VIRGINIA BEACH, whose name is signed to the foregoing writing, bearing date the day of 1989, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1989. Notary Public My Commission Expires: -4- .„„~ STATE OF VIRGINIA CITY OF to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that of. THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA whose name is signed to the foregoing writing, bearing date the day of , 1989, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 1989. Notary Public My Commission Expires: ROVED AS TO CONTENT J SIG A URE _ RED ~S~ DEPARTMENT Y, CROMWEIL, BETZ II di LUSTIG, P.C. ATTORNEYi AT LAW 10241 -5- -37- Item IV-G.4 CONSENT AGENDA ITEM # 31787 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council APPROVED UPON FIRST READING: Ordinances to ACCEPT and APPROPRIATE State Grant Funds to the FY 1989-90 Library Department Operating Budget: $13,967 LSCA Title I Subregional Grant for the Blind $1,832 LSCA Large Print/Recorded Books Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker hand William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,832 IN STATE GRANT FUNDING TO THE FY1989-90 3 OPERATING BUDGET OF THE LIBRARY DEPARTMENT 4 WHEREAS, the Libraries Services and Construction Act (LSCA), I~~.~IS Title I, provides the opportunity for state funding of certain V ~6 programs by means of special grants; 7 WHEREAS, the Library Department has applied for the LSCA Title 8 I Large Print/Recorded Books Grant; 9 WHEREAS, the state has accepted the application and approved 10 grant funding for the Library Department program in the amount of 11 $1,832. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 4 That funds in the amount of $1, 832 made available by the Large ~I 15 Print/Recorded Books Grant be accepted and appropriated to the 16 FY1989-90 Operating Budget of the Library Department, with a 17 corresponding increase in estimated revenues. 18 This ordinance shall be in effect from the date of its 19 adoption. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the day of 1989, 22 First Reading: September 11, 1989 ~~.3 Second Reading: APPROVED AS Td LEGAL SUFF1CiENCY 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $13,967 IN STATE GRANT FUNDING TO THE FY1989-90 3 OPERATING BUDGET OF THE LIBRARY DEPARTMENT 4 WHEREAS, the Libraries Services and Construction Act (LSCA), 5 Title I, provides the opportunity for state funding of certain i.6 programs by means of special grants; 7 WHEREAS, the Library Department has applied for the LSCA Title 8 I Subregional Library For The Blind Grant; 9 WHEREAS, the state has accepted the application and approved 10 grant funding for the Library Department program in the amount of 11 $13,967. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: ;. .4 That funds in the amount of $13,967 made available by the i., 15 Subregional Library For The Blind Grant be accepted and 16 appropriated to the FY1989-90 Operating Budget of the Library 17 Department, with a corresponding increase in estimated revenues. 18 This ordinance shall be in effect from the date of its 19 adoption. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the day of 1989. 22 +3 First Reading: September 11, 1989 Second Reading: APP~?~"~eri~ ~.5 T~ ~-.F..Gt~~ ~U~rC~~~1CY - 38 - Tro,., TV_(_ S CONSENT AGENDA ITEM # 31788 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to TRANSFER $84,657 from General Fund Reserves to the FY 1989-90 Library Department Operating Budget to fund an expanded Sunday Hours Pilot Program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Playor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry 1 AN ORDINANCE TO TRANSFER $84,657 FROM GENERAL 2 FUND RESERVES TO THE FY1989-90 OPERATING BUDGET 3 OF THE LIBRARY DEPARTMEr1T TO FUND AN EXPANDED 4 SUNDAY HOURS PILOT PROGRAM 5 WHEREAS, the Library Department provides Sunday hours of 6 operation at the Central Library from October 1 through May 31 from 7 1:00 p.m. to 5:00 p.m.; 8 WHEREAS, the Library Department has received many requests 9 from the citizens to provide Sunday hours of operations at other 10 area libraries; 11 WHEREAS, the Library Department has suggested a pilot program 12 at the Kempsville and Oceanfront Area Libraries from January 1 13 through May 31, 1990, to determine the feasibility of extending 14 Sunday hours of operation to area libraries; 15 WHEREAS, The Library Department estimates its additional _6 funding requirements in salaries and fringe benefits for ten (10) ,, ,}7 temporary positions necessary for the pilot program to be $84,657. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That funds in the amount of $84,657 be transferred from 21 General Fund Reserves to the FY1989-90 Operating Budget of the 22 Library Department to fund the. extended Sunday hours pilot program 23 from January 1 through May 31, 1990. 24 This ordinance shall be in effect from the date of its 5 ~~ adopt ion . ~ ~, 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 11 day of September 1989. 28 APP~tOVED AS TO LEGAL ,S~fU',FFiC1EhJCY . G~lt~ ~ L,f~~i'..lr/ -. 39 - Ti _._ TT) ll / CONSENT AGENDA ITEM # 31789 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: LOW BIDS Pitt-Des Moines, Inc. PLAZA PARK TANK $1,185,000.00 (CIP 5-820) A & W Contractors ALANTON WATER SYSTEM $ 443,968.60 (Contract No. 2) (CIP 5-025) A & W Contractors (Contract No.l) Shoreline Contractors (Contract No. 2) Asphalt Roads & Materials Co., Inc. CAVALIER/N. LINKHORN PARK $ 371,727.35 (CIPs 5-967 & 6-928) CAVALIER/N. LINKHORN PARK $ 173,433.00 (CIPs 5-967 & 6-928) VARIOUS ROADS CONTRACT $ 356,219.15 1989-90 3`Vice Mayor Fentress referenced the Low Bid of A & W Contractors CAVALIER/N. LINKHORN PARK $ 371,727.35 (Contract No.l) (CIPs 5-967 & 6-928) being far below the Engineer's estimate. The City Manager will advise. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry -40- Ttom TV-C 7 CONSENT AGENDA ITEM # 31790 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $2,690.23 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara NI. Henley, Reba S. McClanan, John D, Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry FORM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8/29/89 EMC That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME ear Type of Tax Ticket Exonera- Number lion No. Date penalty Paid Int. Total Cenit Bank 89 RE(1/2) 81853-2 12/5/88 519.22 Cenit Bank 89 RE(2/2) 81853-2 6/5/89 519.22 GMAC of Iowa 86 RE(2/2) 81523-5 6/5/86 13.06 GMAC of Iowa 87 RE(2/2) 86621-4 5/21/87 13.06 GMAC of Iowa 88 RE(2/2) 89805-5 6/5/88 14.32 GMAC of Iowa 89 RE(2/2) 92154-5 5/12/89 14.94 CGEL Associates 89 RE(2/2) 103192-4 ! 6/5/89 154.42 Joseph H & Everett Lawrence 89 RE(2/2) 63364-2 6/5/89 101.80 Ray-Ann Corporation 89 RE(1/2) 91815-8 12/5/$8 519.57 Ray-Ann Corporation 89 RE(2/2) 91815-8 6/5/89 519.57 Azalea Village Partnership 89 RE(2/2) 4445-~9 6/5/89 139.50 Daphne Chandler 87 PP 23498-6 5/25/89 61.55 David L Pancoast N/A Pkng 287766 7/31/89 25.00 Ronald Gabler N/A Pkng 275893 6/7/89 25.00. Evelyn L Parker N/A Pkng 282242 7/19/89 50.00 Total 2,690.23 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2, 690.23 were approved by the Council of the City of Virginia Beach on the 11 day of September, 1±989 Ruth Hodges Smith City Clerk Ce of d as to payn J T. At inso , T Approved as to form: G Kevi J. Co rove ~' Inte im Ci y Attorney - 41 - Ttc~m TV_('_ R CONSENT AGENDA ITEM # 31791 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $27,722.11 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry ~__. „ FORM NO. C.A. B REV. 3188 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the ,i Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Cram, Marlene & White, Susan T/A The Wood Shack 1988/89 Audit 147.62 147.62 1618 Linden Avenue Chesapeake, VA 23325 Granby Corp. 1987/88 Audit 175.29 175.29 T/A Calvin Zedds Liq. Center 776 Granby Street Norfolk, VA 23510 Manhattan Industries Inc. 1987/89 Audit 919.68 919.68 T/A Manhattan Factory Outlet 25 Deboer Drive, Tax Dept. Glen Imck, h1J 07452 Certified as to Payment: /~ .~ obert P. Vaughan Commissioner of the Revenue Approved as to form: (fir , Kevin ,~ Cos ove Interim City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1, 242.59 were approved by the Council 11 September 89 of the City of Virginia Beach on the day of , 19 ;~; ; .;~: Ruth Hodges Smith City Clerk ,, ,`: ~~ FORM NO. C.A. 8 REV. 3/B8 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the 'I Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Nestor, Charles P. 1987/89 Audit 64.10 64.10 T/A Charles P. Nestor Constr. Go. 2808 Seaboard mad Virginia Beach, VA 23456 Crean Rattan Inc. 1988 Audit 397.06 397.06 207 S. Saratoga Street Suffolk, VA 23434 Plank, Timothy 1988 Audit 62.78 62.78 T/A Plank's Plumbing 2114 Thoroughgood iaoad Virginia Beach, VA 23455 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 523.94 were approved by the Council of the City of Virginia Beach on the 11 day of September , 19 89 Ruth Hodges Smith City Clerk Certified as to Payment: d-. • ~ ~- Robert P. Vaughan Commissioner of the Revenue Approved as to form: KevirVa. Ce~6lrove Interim City Attnrna~ FARM NO. C.A. 8 REV. 7/88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the ~ j Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Sanders, Wesley K. 1987/88 Audit 1,077.54 1,077.54 T/A Rosemont Shell 1028 Windswept Circle Chesapeake, VA 23320 Signal Finance of VA, Inc. P. O. Box 2944 1987/89 Audit 1,079.36 1,079.36 Pittsixargh, PA 152302944 Swata, Kenneth M. & Beverly D. T/A Direct Response Activity .925 Avator Drive 1988 Virginia Beach, VA 23454 Audit 114.00 114.00 Certified as to Payment: ~~ ~ - ert P. Vaughan Commissioner of the Revenue Approved as to form: ~~~~ ~ ~ ~ Kevin Cos ove Interim City Attorney This ordinance shall be effective from. date of adoption. The above abatement(s) totaling $ 2, 270.90 of the City of Virginia Beach on the 11 day of were approved by the Council September 8919 FORM NO. C.A 8 REV. 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Marxiseser, Gerhard 1987/88 Audit 101.69 T/A Manufacturing Design Technology 5714 Brandon Blvd. Virginia Beach, VA 23464 McKinnon, Lon G. 1987/88 Audit 182.49 T/A Med Staff ~nsultants 2260 Huckelberry Trail Virginia Beach, VA 23456 New Image Beauty Salon & Boutique 1056 Colonial Meadows Way 1989 Audit 311.90 Virginia Beach, VA 23454 Certified as to Payment: 101.69 182.49 311.90 -Robert P. Vaughan v Commissioner of the Revenue Approved as to form: ~Kevin~,~. Cosg~ve ~ Interim City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 596.08 were approved by the Council 11 September 89 of the City of Virginia Beach on the day of , 19 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Beach Industrial brine Supplies 97 18 2436 General Longstreet Dr. 1987 Audit 18.97 . Virginia Beach, VA 23454 Bullock, James [a. & Priscilla P. 12 87 T/A Styles for You 1987/88 Audit 87.12 . 4681 Revere Drive Virginia Beach, VA .23456 Cellar Door Concerts of Va. Inc. 305 Lynnhaven Parkway 5201 1988 Audit 3,451.44 3,451.44 Virginia Beach, VA 23452 Certified as to Payment: ert P. Vaughan Commissioner of the Revenue Approved as to form: Kevin jd". Co~ove Interim City Attorney "- This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3, 557.53 were approved by the Council 11 September ,19 89 of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk FORM NO. C./l 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Ames Taping Tool Systems Inc. 4004 DuPont Highway Bldg. F New Castle, DE 19720 1987/88 Audit 63.47 63.47 Apparel Retail Corp. T/A Fashion Alley 1987/88 Audit 177.35 177.35 155 Bay State Drive Braintree, MA 02184 Atlantic Pernrarient Nbrtgage Corp. One Columbus Ctr., S#700 1988 Audit 1,486.25 1,486.25 Virginia Beach, VA 23462 Certified as to Payment: obert P. Vaughan Commissioner of the Revenue Approved as to form: 1 ~` ~ ~ Kevin Co~ove Interim City Attor This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1, 727.07 were approved by the Council ~. of the City of Virginia Beach on the 11 day of September , ~g 89 . Ruth Hodges Smith City Clerk FORM NO. CA 8 REV. 3B6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: ~ NAME License Year ~ Date Paid Base Penalty Int. Total Auto Credit Inc. 1988 Audit 1,674.80 1,674.80 5524 Virginia Beach Blvd. Virginia Beach, VA 23462 Carter, Corbin, Dwyer P.C. 1988 Audit 1,143.22 1,143.22 3800 Poplar Hill Imad Chesapeake, VA 23321 Fiomar, Inc. 1987/88 Audit 136.17 136.17 T/A Oceana Pancakes 'N' Plus 124 S. First Colonial Read Virginia Beach, VA 23454 Certified as to Payment: obert P. Vaughan Commissioner of the Revenue Approved as to form: Kevin ~V. Cove Interim City Attorne~, This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 2 ~ 954.19 were approved by the Council of the City of Virginia Beach on the 11 day of September , 19 89 Ruth Hodges Smith City Clerk FORM NO. C.A 8 REV. 3/96 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the i Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Pic-Man, Ltd. 1987/88 Audit 97.60 97.60 T/A A & E Music Center 1413 Gum Bridge 13~ad Virginia Beach, VA 23457 S & J Market Ltd. 1987/88 Audit 63.41 63.41 2124 Marshall Drive Virginia Beach, VA 23454 Vicente, Gertrudes G. 1987/88 Audit 15.38 15.38 T/A Vals Pizza 4933 Brandywine Drive Virginia Beach, VA 23464 Certified as to Payment: ' T/ obert P. Vaughan Commissioner of the Revenue Approved as to form: Kevin /,Y. C`nc ~~~~~o ~ Inte~im City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 176.39 were approved by the Council of the City of Virginia Beach on the l l day of September 19 89 Ruth Hodges Smith City Clerk FORM NO. CA B REV. 3/88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: ~ NAME License Date Base Penalty Int. Total Year Paid Mclbnalds Restaurant of Va. Inc. T/A McDonalds 1987 Audit 137.71 137.71 2812 Old Lee Highway S#380 Fairfax, VA 22031. Memorial Service Planning Corp. 128 S. Lynnhaven Rd. #200 1985/88 Audit 1,845.88 1,845.88 Virginia Beach, VA 23452 National E~nergicare Inc. 1986/88 Audit 4,743.41 4,743.41 T/A Minor IInergency Care Center 2540 Virginia Beach Blvd. Virginia Beach, VA 23452 Certified as to Payment: "Robert P. Vaughan Commissioner of the evenue Approved as to form: Kevin ~ _ Cos~ve Interim City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 6;727.00 were approved by the Council of the City,of Virginia Beach on the 11 day of September , 19 89 Ruth Hodges Smith City Clerk FORM NO. CA B REV. 388 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the i Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Flair Inc. 1985/89 Audit 2,935.80 2,935.80 4602 West Grove Court Virginia Beach, VA 23452 James Casey Corporation 1987/88 Audit 183.44 183.44 T/A Su]x,ray Sandwich & Salads 2884 Virginia Beach Blvd. Virginia Beach, VA 23452 Iand M~-inagement & Supply Sere. Inc. 1605 Iaskin lmad 1987/89 Audit 4,363.33 4,363.33 Virginia Beach, VA 23451 Certified as to Payment: __ ert P. Vaughan Commissioner of the Revenue Approved as to form: Lliyt Kevin J'. Cos~ve ~~ Interim City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 7 , 482.57 were approved by the Council of the City of Virginia Beach on the 11 day of September ~9 89 Ruth Hodges Smith City Clerk FORM NO. C./l 8 REV. 388 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the I Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Aqua Safe Inc. 1986/88 Audit 70.00 70.00 4990 Euclid Read Virginia Beach, VA 23462 Bay Tree Builders Inc. 1988 Audit 363.85 363.85 704 Manor Drive Virginia Beach, VA 23464 Bates, Cheryl L. 1987/88 Audit 30.00 30.00 1001 Minden Road Virginia Beach, VA 23464 Certified as to Payment: ,~~' obert P. Vaughan Commissioner of the Revenue Approved as to form: Gam! Kevin ~ Cosg e Interim•City ttorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling ~ 463.85 Were approved by the Council 11 September 89 of the City of Virginia Beach on the day of , 19 Ruth Hodges Smith City Clerk - 42 - Item IV-I.1. NEW BUSINESS ITEM # 31792 E. Dean Block, Assistant City Manager for Analysis and Evaluation, introduced the 1990-99 CAPITAL IMPROVEMENT PROGRAM. OVERVIEW FIVE-YEAR SUMMARY Amount ~ (Millions) Schools $ 223.34 29.6 Engineering & Highways 396.08 52.5 Buildings 77.09 10.2 Parks ~ Recreation 57.52 7.6 SUBTOTAL $ 754.03 100.0 Public Utilities 364.97 GRAND TOTAL $1,119.0 10-Year Total $1,511,247,915 SCHOOLS 5-Year Total: $223.34-MILLION 29.6 HIGHLIGHTS $68.4-Million 1989 Referendum 11,200 Additional Student capacity - first 5 years Linked to demographic projections Four major modernization projects ROADWAYS 5-Year total: $314.04-MILLION 41.7 HIGI~IGHTS $485.2-MILLION included in the 10-year CIP $41.1-MILLION in construction contracts issued since November 1988. Roadway Impact Reduction Program Proposed 10 Projects to begin construction during FY'90 2.8 lanes to be completed FY'90 43.8 Lane miles under construction in FY'90 $30.0-MILLION proposed for 1991 Referendum Economic Development Investment Program Proposed Road Bond Authority usage issue c+__~_-t___ ii inon - 43 - Item IV-I.l. NEW BUSINESS ITEM # 31792 (Continued) OTHER ENGINEERING & HIGHWAYS HIGHLIGHTS Stormwater: 5-Year total $45.8-MILLION 6 Stormwater Management Plan recommendaitons initiated National Pollutant Discharge Elimination System (NPDES) Permit Project proposed Resort Area: $34.1-MILLION 4.5~ Construction of approved programs Bikeways: $ 2.2-MILLION 0.3~ $4.2-MILLION in off-road facilities for the 10-year period. BUILDINGS 5-Year Total: $77.1-MILLION 10.2 HIGHLIGHTS Financing of Judicial Center Correction Center Back-Filling of Existing Court complex Completion of Fire Station Backlog Pendleton Child Service Center Relocation - City, State, Chesapeake Bendix Road Facility Relocation Virginia Marine Science Museum Expansion - Preliminary Design PARKS & RECREATION 5-Year Total: $57.5-MILLION 7.6~ HIGHLIGHTS On-going Major Programs Increased Funding for Princess Anne Park Expansion Long Term Plans WATER & SEWER 5-Year Total: $364.97-MILLION HIGHIGHTS Continuation of Lake Gaston Water Resource Project Addressing of Neighborhoods Sandbridge Project included for Policy Guidance Possible Rate Increase to support neighborhood projects n__~___L ___ i i inon -44- Item IV-I.1. NEW BUSINESS ITEM # 31792 (Continued) SCHEDULE September 11 September 11- October 18 October 2 (Regular Meeting) October 23 (Regular Meeting) November 8 November 13 (Regular Meeting) November 20 (Regular Meeting) December 4 (Regular Meeting) PRESENTATION OF CIP PLANNING COMMISSION REVIEW WORKSHOP WORKSHOP PUBLIC HEARING - Princess Anne High School - 7:00 P.M. RECONCILIATION WORKSHOP PUBLIC HEARING and FIRST READING SECOND READING and ADOPTION. ,,~„ -45- Item IV-I.2. NEW BUSINESS ITEM # 31793 ADD-ON Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Resolution confirming the declaration by the City Manager of a Local Emergency at the Resort Area of the City and requesting the Governor to declare the Resort Area a Disaster Area. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry 1 RESOLUTION CONFIRMING THE 2 DECLARATION BY THE CITY MANAGER OF 3 A LOCAL EMERGENCY AT THE RESORT AREA 4 OF THE CITY, AND REQUESTING THE 5 GOVERNOR TO DECLARE THE RESORT AREA 6 A DISASTER AREA ~ WHEREAS, on Friday, September 1, 1989, the Resort Area 8 of the City began to experience a large influx of visitors for the 9 Labor Day weekend; 10 WHEREAS, by the evening of Saturday, September 2, 1989, 11 the number of individuals at the Resort Area was, by some 12 estimates, in excess of 100,000; 13 WHEREAS, shortly after 1:00 a.m. on Sunday, September 3, 14 1989, the crowd became uncontrollably large and a considerable 15 number of individuals resorted to rampant vandalism and flagrant 16 disregard for the law, resulting in injury to police officers, 17 citizens and visitors, and in substantial damage to property; 18 WHEREAS, incidents of vandalism and related lawlessness 19 continued through Tuesday, September 5, 1989; 20 WHEREAS, immediate action was necessary to limit, and 21 hopefully to prevent, further injury to the person and property of 22 merchants, citizens and visitors; 23 WHEREAS, local resources were inadequate to address the 24 disturbance; 25 WHEREAS, due to the inadequacy of local resources, it 26 was necessary to call on the State to provide whatever resources 27 were at its disposal to assist the City in its efforts to quell 28 the disturbance, to return peace and order to the Resort Area, and 29 to provide assistance to those individuals and businesses who had 30 suffered, or were about to suffer, substantial losses as a result 31 of the disturbance; 32 WHEREAS, the Governor has the authority to declare an 33 area a disaster area under conditions such as those which occurred 34 at the Resort Area; 35 WHEREAS, such a declaration by the Governor would allow 36 the federal government to provide assistance to those individuals 37 and businesses who suffered losses as a result of the disturbance. 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 39 THE CITY OF VIRGINIA BEACH, VIRGINIA: 40 That the declaration by the City Manager of a local 41 emergency at the Resort Area is hereby confirmed. 42 BE IT FURTHER RESOLVED, that the Honorable Gerald L. 43 Baliles, Governor of Virginia, is respectfully requested to 44 declare the Resort Area of the City a disaster area, and to 45 forward his declaration to the proper agencies of the United 46 States Government for consideration of any federal assistance that 47 may be available to those individuals and businesses who suffered 48 losses as a result of the disturbance. 49 Adopted by the City Council of the City of Virginia 50 Beach, Virginia, on this the 11th day of September, 1989. 51 RMB/dga 52 9/07/89 53 9/11/89 54 emergb.res 2 -46- Item IV-I.3. MAYOR'S STATIIKENT ITEM # 31794 "I would like to say just one thing. In view of the experiences we have had over the Labor Day Weekend, I look forward to the opportunity to hear from each and every member of Council with their proposals or recommendations about what we can do to move forward in the healing process for the City and its residents. This is a good City with a great deal to offer. It has always been a co-operative community that has worked well with each other and I see no reason why we cannot join hands and begin the healing process. I want you all on the Council to know that I would be open to any of your suggestions or recommendations about whom you would like to see involved in the process or how you would like to see it move forward. In the meantime, I am happy to tell you that I have received hundreds of letters and among them at least thirty-five (35) individuals, who have brought forth their credentials in wanting very much to work with the City. If you all knvw of others that are anxious to help in the healing process, obviously we would welcome that. I would like to say that Mr. LJatts and the City Staff performed in a most professional and responsible manner. I think the time has come for us to close a chapter on one segment of our history and open it to a much more positive opportunity for the future. Again, I am asking each and every Member of City Council not to be hesitant. If you are not prepared today, if you either would like to bring it forth in the form of a letter or verbally at another meeting, I am encouraging you to let us know what your suggestions and recommendations will be." September 11, 1989 - 47 - .•, R ~.~ Item IV-J.1. ADJOURNMENT ITEM # 31795 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at 5:00 P.M. i"Yrrr~i,J Beverl 0. Hooks Chief Deputy City Clerk ~v ~~ uth Hodges Smith, CMC City Clerk City of Virginia Beach Virginia Meyera Oberndorf Mayor ~antamhar 11 1QRQ