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JULY 6, 1987 MINUTESCity of Viiia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, AI Large VICE MAYOR MEYERA E. OBERNDORF, At Large ALBERT W. BALKO, Lynnhaven Borough JOHN A. BAUM, Blackwater Borough ROBERT E. FENTRESS, Virginia Beach Borough HAROLD HEISCHOBER, At Large BARBARA M. HENLEY, Pungo Borough REBA S. McCLANAN, Princess Anne Borough JOHN D. MOSS, Knnprvdle Borough NANCY K. PARKER, At large JOHN L. PERRY, Baynde Borough THOMAS H. MUEHLENBECK, GIy Manager J. DALE SAMSON, City Attorney RUTH HOMES SMITH, CMC. GIy Clerk VIRGINIA BEACH CITY COUNCIL AGENDA JULY 6, 1987 ITEM I. CIP WORKSHOP ITEM II. CITY COUNCIL CONCERNS ITEM III. CITY MANAGER' BRIEFINGS A. Vater & Seer Rate Recannrsrlations ITEM IV. INFORMAL SESSION 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 18041 427-4303 - Conference Roan - 10:30 AM - Conference Roan - 11:30 AM - Ocnference Roar - 12:00 PM & Neighborhood Projects A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION - Conference Roam - 1:00 PM - Council Chamber - 2:00 PM A. INVOCATION: Reverend V llace E. Sherbon New Life Church, pca B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STAPES OF AMERICA C. ET,IrTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. INFORMAL and FORMAL SESSIONS - June 22, 1987 F. PUBLIC HEARING 1. PLANNING a. Application of William F. Kirby, Sr. for a variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots have direct access to a public street, on a parcel located 120 feet more or less west of the western terminus of Bradpoint Lane (Bayside Borough). Recommendation: APPROVAL b. Application of Southland Corporation for a Conditional Use Permit for an automobile service station in conjunction with a convenience store, at the northwest corner of South Independence Boulevard and Edwin Drive (496 South Indeperdence Boulevard), containing 1.18 acres (Kanpsville Borough). This item was DEFERRED June 15, 1987 Recommendation: APPROVAL c. Applications of Colonial Self Storage for a Conditional Use Permit for bulk storage and truck rental on certain property located on the west side of Holland Road at its intersection with Snipps Corner Road (Princess Anne Borough): Parcel containing 4.32 acres; AND, Parcel containing 3.85 acres. Recommendation: APPROVAL for BOTH ITEMS d. Application of Robert W. White, Sr., Trustee for a Change of Zoning District Classification from AG -1 Agricultural District to R-5 Residential District on certain property located at the western extremity of Dam Neck Road, 1600 feet west of General Booth Boulevard, containing 148 acres (Princess Anne Borough). Recommendation: APPROVAL G. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS a. C3N University - Student Housing Refunding Bowls $ 4,100,000 b. Virginia Reach General Hospital AND, $42,500,000 Tidewater Health Services Corporation H. ORDINANCES 1. Ordinance upon FIRST READING to accept and appropriate $992,000 to the Water and Sewer Capital Projects Fund to allow for the engineering design of nine (9) neighborhood water projects. 2. Ordinance to transfer $53,000 within the Fitter and Sewer Fund to provide for a Civil Engineer position. 3. Ordinance upon FIRST READING to accept and appropriate $180,000 to Project #6-945, Larkspur Sewer, for engineering design. 4. Ordinance to amend and reordain Sections 37-16, 37-23, 37-31(e), 37-46, 37-47, 37-54(c), 37-56(a), 37-57 of the Code of the City of Virginia Beach, pertaining to water supply. 5. Ordinance to authorize and direct the City Manager to execute a Memorandum of Agreement between the City of Virginia Beach and the City of Norfolk concerning the Tidewater Virginia Alcohol Safety Action Program (TVASAP). 6. Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Charlotte G. Norman, her heirs, assigns and successors in title. 7. Ordinance to transfer $120,000 to Project #3-963, Judicial Center, for architectural services. I. CONSENT AGENDA A11 matters listed under the Consent Agenda are considered in the ordinary course of business by City Cbuncil and will be enacted by one motion in the form listed. If an item is removed frau the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to amend and reordain Section 8-198 of the Code of the City of Virginia Peach, pertaining to certificate of competency for Electricians. 2. Ordinance to amend and reordain the Code of the City of Virginia Reach, by ADDING Section 6-123 pertaining to windsurfing devices. 3. Ordinance to amend and reordain Sections 21-423, 21-425, 21-426, 21-427, 21-428 and 21-429 of the Cade of the City of Virginia Reach, Virginia, pertaining to use of tow truck service to enforce parking restrictions on private property. (DEFERRED June 8, 1987 and June 22, 1987.) 4. Ordinance to amend and reordain Section 7-5.1 of the Code of the City of Virginia Beach, pertaining to stickers required on mopeds. (DEFERRED June 8, 1987 and June 22, 1987.) 5. Ordinance authorizing the Mayor to execute a certification to the Virginia Housing Development Authority with the City Council's approval of the proposed multi -family residential housing development called Piper Landing Apartments. 6. Ordinance to authorize acquisition of any and all property interests necessary for the Eastern Branch Lynnhaven River Dredging Project, acquisition of oyster lease releases, either by agreement or by condemnation. 7. Ordinance upon SECOND READING to appropriate $222,513 and to transfer $42,891 for the acquisition of an automated circulation system for the Library Department. 8. Ordinance to transfer $23, 618 frau the Department of Parks and Recreation to the contributions account for a grant to the Shakespeare By -The -Sea Festival Board. 9. ordinance to transfer $669.75 frau the General Fund's Reserve For Contingencies to the Police Chief's Division for reimbursement of legal expenses incurred by a City Employee in the performance of his duties. 10. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Blueberry Road to Gordon Zipperer, his heirs, assigns and successors in title. 11. CERTIFICATE OF PUBLIC CCNVENIENCE AND NECESSITY Beach and Coastal Cab Company, Inc. 12. RAFFLE PERMIT 1. Princess Anne Woman's Club 13. Ordinance authorizing License Refunds in the amount of $2,317.46. J. APPOINTMENTS 1. OCEAN LAKES FACT FINDING CO✓IMITTEE K. UNFINISHED BUSINESS L. NEW BUSINESS 1. Shark Fishing at Sandbridge - discussion by Sandbridge residents sponsored by Oouncilwoman Barbara Henley 2. Interim Financial Statements - July 1, 1987 through April 30, 1987 M. ADJOURHPP CITY COUNCIL VACATION RECESS July 20, 1987 July 27, 1987 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 6, 1987 The CIP WORKSHOP of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert Jones in the Conference Room, City Hall Building, on Monday, July 6, 1987 at 10:30 A.M. Council Members Present: Albert W. Balko, John A. Baum, Barbara M. Henley, Mayor Robert McClanan, Vice Mayor Meyera E. Moss, Nancy K. Parker and John L Council Members Absent: Robert E. Fentress Harold Heischober, G. Jones, Reba S. Oberndorf, John D. . Perry (ENTERED: 10:35 P.M.) GIP WORKSHOP RECREATION CENTERS ITEM # 27609 The City Manager introduced E. Dean Block, Assistant City Manager for Analysis and Evaluation, who reiterated the various issues involved relative RECREATION CENTERS; Introduction - Background Discussion of Options Discussion of Financing Council Review/Guidance BACKGROUND AND ASSUMPTIONS 1. Developed Target or Standard for Recreation Center Service Level (.75 Square Feet Per Capita). 2. Reviewed existing facilities and possible improvements. Proposed improvements to Bow Creek included in Planning 3. Developed backlog and need projections to Year 2000. Current Backlog - 171,085 square feet. Year 2000 need - 271,200 square feet. 4. Developed options for construction. Assumed all pools are enclosed full -year use. 5. Developed financing plans assuming Referendum funding. Dean Block advised the Decision Options were to either maintain the (1) Existing Great Neck Design, (2) Smaller Design, (3) Large Center, two -phased construction, (4) Further Study, or (5) no Immediate action. Improvements to the existing Bow Creek Center are constant in Options 1,2 and 3 for purposes of illustration. OPTION 1 Existing Great Neck Design Backlog: 2 centers (83,931 s.f. each) Bow Creek Improvements 167,862 s.f. 20,032 s.f. Total Square Footage 187,894 s.f. Capital Costs: #1 $10,300,000* #2 10,000,000 Bow Creek 3,350,000 Total $23,650,000 Annual Debt Service: Annual Net Operating Costs: Total: $ 2,365,000 $ 2,320,000 $ 4,685,000 *Only an additional $9.5 million is required in financing July 6, 1987 -3 GIP WORKSHOP RECREATION CENTERS ITEM # 27609 (Continued) OPTION 2 Backlog: 3 Centers (55,000 s.f. each) Bow Creek 167,000 s.f. 20,032 s.f. Total Square Footage 185,032 s.f. Capital Cost: no pool with pool #1 $ 5,970,000 $ 7,900,000 #2 5,970,000 7,900,000 #3 5,970,000 7,900,000 Bow Creek 3,350,000 3,350,000 $21,260,000 $27,050,000 Annual Debt Service: $ 2,125,000 Annual Net Operating Costs: $ 2,213,000 Total: $ 4,338,000 Backlog: $ 2,705,000 $ 2,321,000 $ 5,026,000 OPTION 3 Large Center - 2 Phases 2 centers (83,931 s.f. ea.) Bow Creek 167,862 s.f. 20,032 s.f. Total Square Footage 187,894 s.f. Capital Costs: Large Centers Phase 1: Phase 2: Bow Creek: Total Annual Debt Service: After Phase 1: After Phase 2: Annual Net Operating Costs: After Phase 1: After Phase 2: Total: After Phase 1: After Phase 2: Pool/ Pool/ Phase I Phase 2 $17,200,000 $13,400,000 4,000,000 7,800,000 3,350,000 3,350,000 $24,550,000 $24,550,000 $ 2,055,000 $ 1,675,000 $ 2,455,000 $ 2,455,000 $ 1,868,000 $ 1,808,000 $ 2,320,000 $ 2,320,000 $ 3,923,000 $ 3,483,000 $ 4,775,000 $ 4,775,000 July 6, 1987 -4- C I P WORKSHOP RECREATION CENTERS ITEM # 27609 (Continued) Vice Mayor Oberndorf referenced negotiating with Mr. McGuire to allow the Virginia Beach Schools to accommodate the "latch key" children at the schools where they actually attend the classes. Thus, the parents could drop them at the School early in the morning and pick them up at the School as opposed to taking them to a recreation center. Hector Rivera, Assistant City Manager for Human Services, advised of the possibility of installing a Senior Citizens Center and day care facility in each Recreation Center built in the future based on needs and geography. Dean Block advised relative the FINANCING of the various OPTIONS: (Assuming a 1987 REFERENDUM) (Single Rate Increase) Option 1: 2.3 0 Option 2: 2.2 0 Option 3: Phase I w/pools 1.9 0 Phase 2 w/o pools 1.7 0 As per Vice Mayor Oberndorf's inquiry if the decision were for OPTION 1, Dean Block advised it was the assumption that the two large centers (Bayside and Great Neck) as well as the Bow Creek Improvements would be on the November, 1987 REFERENDUM. Dean Block will also provide to City Council as per the Vice Mayor's request, copies of all charts displayed at the WORKSHOP. Councilwoman McClanan advised she had requested a different approach with regard to the Princess Anne Borough, not examining just one building, as same is such a large area. Councilwoman McClanan wished the possibility examined of having smaller units of different types of recreation. Councilwoman McClanan referenced the possiblity of combining libraries as a type of recreation center. Councilman Moss believed of the CIP issues for Council Review, Item 1 (Recreation Centers) and Item 4 (Purchase of Property - General policy on advance purchase of land for roads, schools and parks) might be combined. Councilman Baiko requested the rated capacity of Kempsville and Bow Creek Recreation Centers. Are these being utilized over capacity? Councilman Baum requested information relative the desirability of swimming pools. Councilman Baum was in favor of the concept of limited facilities if they were accessible by foot, not everyone has a car. Vice Mayor Oberndorf suggested the possiblity of utilizing TRT to provide transportation to recreation centers and requested information relative the unit costs and the type of service utilized in different cities. Councilwoman Henley referenced OPTION 2 and advised when considering a location for the Third Recreation Center, a location convenient to serve the Pungo/Blackwater area would be a good idea. July 6, 1987 - 5 CIP WORKSHOP PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION PROJECT (CIP 2-834) ITEM # 27610 The City Manager referenced the Four Alternatives for Consideration relative the PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION PROJECT (CIP 2-834): ALTERNATE A: Widen all four approaches to the intersection to five lanes, providing two left turn storage lanes, two through movement lanes and one right turn lane. Cost: $4,900,000 ALTERNATE B: Construct an urban interchange with the heavy Princess Anne Road traffic passing over the intersection uninterrupted, and left turn and through movements accommodated beneath the overpass. Cost: $10,410,000 ALTERNATE C: Construct a partial cloverleaf interchange with Princess Anne Road traffic passing over the intersection and the heavy left turn volumes accommodated with loop ramps. Cost: $12,440,000 DO NOTHING ALTERNATIVE: Leave the intersection as it is today. Cost: $0 Councilman Moss referenced the possibility of all intersections where major roads cross becoming URBAN INTERCHANGES. If same is a possibility, this should be examined during the next six months and a method of funding devised. Councilman Baum believed decisions should be made even though same may be painful. Vice Mayor Oberndorf advised the Kempsville Borough has developed in an overactive manner. In the long run, the major interchanges in Kempsville will change its entire complexion. Individuals were prepared for the widening of the intersection, but not the extraordinary measures of the Urban Interchange. Councilwoman Henley referenced development South of the Green Line. Before the Council can proceed with developing a CIP they must know whether the decisions made last year will continue to have the support of the City Council or whether the decisions must change directions due to a lack of majority support. Councilwoman Henley requested the City Attorney's Office prepare a Resolution reaffirming the City Council's commitment to maintaining the decisions made relative development South of the GREEN LINE. Councilwoman Henley referenced a Resolution to be similar to the LAKE GASTON Resolution ADOPTED by City Council. Councilwoman Henley requested said Resolution be SCHEDULED for the City Council Agenda of July 13, 1987. Councilwoman Parker advised she foresaw Lord Dunmore and Overland Drive gathering the excess traffic and expressed concern relative the adjoining neighborhoods. There should be an ALTERNATIVE E to assist these individuals. Councilman Heischober advised he will present to the City Council in the immediate future a request for the Public to vote upon the expansion of the City's Charter Borrowing Authority. July 6, 1987 - 6 ITEM # 27611 The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, July 6, 1987 at 12:03 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: P4one July 6, 1987 MATTERS BY THE MAYOR ITEM # 27612 Mayor Jones referenced the letter dated June 16, 1987, from the Honorable Vivian E. Watts to the City Manager, Thomas H. Muehlenbeck, relative Camp Pendleton, advising the Commonwealth has decided to declare all properties outside the central installation as surplus property to be disposed of under the Commonwealth's surplus property statutes. Councilwoman McClanan advised she had requested the City Attorney compose a Resolution expressing the concern of City Council relative this decision and requesting a meeting to re-examine and reconsider the subject of the land at Camp Pendleton. ITEM # 27613 Mayor Jones distributed copies of the CITY COUNCIL'S CHARGE TO THE 1986 BOND REFERENDUM COMMITTEE. (Said information is hereby made a part of the record). Councilwoman McClanan AMENDED said copy. Under Item 2, Line 3, the words "..and to the public.." shall be added after the words "..provide appropriate reports to City Council.." July 6, 1987 CITY COUNCIL CONCERNS ITEM # 27614 Councilwoman Henley advised she attended the Annual Meeting of the PLANNING COUNCIL in May. Last year there was a proposal for Health School Based Clinics. This is no longer a proposal of the PLANNING COUNCIL. Norfolk did proceed with this concept. A School Based Clinic will be open this Fall at Lake Taylor. Councilwoman Henley requested the Staff investigate this closely. A gentlemen who oversaw six of these Clinics in the San Francisco area advised the NUMBER ONE concern at these Health Based Clinics has been teen suicide. ITEM # 27615 Councilwoman Henley also referenced a letter from Howard Cullum requesting an increase in Mental Health/Mental Retardation funds and hopes consideration is being given for greater funding. Vice Mayor Oberndorf indicated this would be an excellent item for the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION. All eight (8) localities in this Region in addition to the individual Councils could go on record supporting same. ITEM # 27616 Councilman Fentress expressed concern relative the PIT BULL Dog situation. Councilman Fentress had received a letter from a man residing below the GREEN LINE who had lost eight sheep and goats on his farm. The PIT BULLS should at least be muzzled. The City Attorney's Staff was requested to report possible regulations relative the PIT BULLS. ITEM # 27617 Vice Mayor Oberndorf advised she attended a Meeting of the NATIONAL LEAGUE OF CITIES in Los Angeles. Vice Mayor Oberndorf received information relative this City's Percent for the Arts. Said information was forwarded to Dean Block, Assistant City Manager for Analysis and Evaluation, and Patti Phillips, Director of Research, for their analysis. Vice Mayor Oberndorf requested the Staff to prepare a summation of Virginia Beach's accomplishments in their Percent for the Arts Program. Vice Mayor Oberndorf also brought back an informational booklet relative Los Angeles produced by Private Enterprise. ITEM # 27618 Vice Mayor Oberndorf referenced the concept of Cultural Preservation adopted by Los Angeles. A private developer is given tax credit and the buildings are being functionally utilized in order for revenue to be derived from the buildings. ITEM # 27619 Information relative the concept of DAY CARE by Los Angeles was given to Hector Rivera, Assistant City Manager for Human Services. However, the Vice Mayor was not content with some of these proposals as the realistic prospective had been exceeded. July 6, 1987 -9 CITY MANAGER'S BRIEFINGS WATER & SEWER RATE RECOMMENDATIONS & NEIGHBORHOOD PROJECTS ITEM # 27620 Clarence Warnstaff, Director of Public Utilities, advised the items contained in City Council's Agenda for their Consideration are: Ordinance upon FIRST READING to accept and appropriate $992,000 to the Water and Sewer Capital Projects Fund to allow for the engineering design of nine (9) neighborhood water projects, Ordinance to transfer $53,000 within the Water and Sewer Fund to provide for a Civil Engineer position, Ordinance upon FIRST READING to accept and appropriate $180,000 to Project #6-945, Larkspur Sewer, for engineering design, an Ordinance to amend and reordain Sections 37-16, 37-23, 37-31(e), 37-46, 37-47, 37-54(c), 37-56(a), 37-57 of the Code of the City of Virginia Beach, pertaining to water supply AND, an Ordinance to amend and reordain Section 28-3, 28-4, 28-5, 28-9, and 28-31 of the Code of the City of Virginia Beach, pertaining to sewers and sewage disposal. William H. Richardson and Bon Mui of Alvord, Burdick & Howson were in attendance. Responding to Vice Mayor Oberndorf's request, Clarence Warnstaff advised in estimating the cost of the thirty-five neighborhood projects, it was determined that same could be built in a 5 to 7 year time period if additional funding was authorized of approximately $4 -MILLION a year, as well as additional positions to assist in implementing the work. The Consultants identified the magnitude of the water rate increases in order to fund the additional Bond Sales. The debt service on the LAKE GASTON PROJECT for the construction of the Project as identified in the Cost study is approximately $18 -MILLION. The debt service at the present time on the City's Water and Sewer System is approximately $12 - MILLION. In earlier years, while the City is selling the bonds and building the pipeline, the debt service is going to rise and water rates must also rise. The Water Resource Recovery Fee is projected to generate $9.4 -MILLION a year. The Consultant considered these revenues in the development of the rate. Clarence Warnstaff advised Councilman Moss, Public Utilities has programmed in the CIP and the COST STUDY, $2 -MILLION a year to renew and replace old facilities. The Consultants, Alvord, Burdick & Howson, examined this level of funding for renewal and replacement and recommended this amount be increased beyond $2 -MILLION. Therefore, over the next several years as the Capital Improvement Program is identified, projects will be identified as candidates for additional renewal and replacement funding and include same in the CIP and present same to City Council for their consideration of each year's CIP. The average residential customer in Virginia Beach utilizes 6,000 gallons per month. With the increase of 190 recommended per thousand gallons, it will also recommend modifications in the Minimum Service Charge which is $3.45 month to $3.35. The average single-family residential customer will see an increase in their water bill of $1.04 per month for this year. The following year, when the additional 190 becomes effective, the average single-family residential customer will see an increase in their bill per month of $2.18. However, one- half of all bills rendered for single-family residential use is for water consumption of 5,000 gallons per month or less. The average customer will have an increase of $3.38 per month in 1990 and $4.58 per month in 1991. In response to Councilwoman McClanan's inquiry, the increase for the median customer, the individual who utilizes only 5,000 gallons of water or less per month, will only be 850 per month. Therefore, 'half of all the bills rendered by the City, will result in an impact of less than 85O per month. The City Manager advised there is no certainty there will be a REFERENDUM in November. The Citizens served today need the LAKE GASTON PROJECT. Without same, a water rationing will result. - 10 - CITY MANAGER'S BRIEFINGS WATER & SEWER RATE RECOMMENDATIONS & NEIGHBORHOOD PROJECTS ITEM # 27620 (Continued) Councilman Balko referenced the possibility of a co-ordinated billing between HRSD and the City rather than two separate bills. Clarence Warnstaff advised this question had been raised in earlier year and there appeared to be a problem. Mr. Warnstaff will review and advise. Councilman Baum requested a PRESS RELEASE or PUBLIC NOTICE be published to advise the Public relative the rate increases July 6, 1987 ITEM # 27621 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, July 6, 1987, at 1:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None July 6, 1987 -12 - ITEM 12 - ITEM # 27622 Mayor Robert G. Jones 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. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council Agenda that were discussed in Executive Session: Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 6, 1987 -13 - FORMAL 13 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 6, 1987 2:00 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, July 6, 1987 at 2:20 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John D. Perry Council Members Absent: None INVOCATION: Reverend Wallace E. Sherbon New Life Church, pca PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA July 6, 1987 -14 - APPROVAL 14 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item V -D.1 ITEM # 27623 The City Manager referenced an Ordinance to transfer $120,000 to Project #3- 963, Judicial Center, for architectural services. (See Item V-7 under ORDINANCES). The City Manager advised he was distributing a REVISED Ordinance as the funds have been found within the existing fund. Item V -D.2 ITEM # 27624 Councilman Fentress referenced an Ordinance to amend and reordain the Code of the City of Virginia Beach, by ADDING Section 6-123 pertaining to windsurfing devices AND, an Ordinance to amend and reordain Section 7-5.1 of the Code of the City of Virginia Beach, pertaining to stickers required on mopeds. (See Item V -I.2 and Item V -I.4 of the CONSENT AGENDA). These Items will be pulled for a separate vote. Item V -D.3 ITEM # 27624 (a) Councilwoman McClanan referenced an Ordinance to amend and reordain Sections 21-423, 21-425, 21-426, 21-427, 21-428 and 21-429 of the Code of the City of Virginia Beach, Virginia, pertaining to use of tow truck service to enforce parking restrictions on private property. (DEFERRED June 8, 1987 and June 22, 1987.) (See Item V -I.3 of the CONSENT AGENDA). This item will be pulled for a separate vote. Councilwoman McClanan also referenced an Ordinance to authorize acquisition of any and all property interests necessary for the Eastern Branch Lynnhaven River Dredging Project, acquisition of oyster lease releases, either by agreement or by condemnation. (See Item V -I.6 of the CONSENT AGENDA). Councilwoman McClanan requested information concerning same. Item V -D.4 ITEM # 27625 Councilman Baum advised he wished to ADD-ON two items under NEW BUSINESS. Item V -D.5 ITEM # 27626 Councilwoman McClanan requested discussion be SCHEDULED for the City Council Agenda of July 13, 1987, relative CANCELING OR RESCHEDULING of the City Council Meetings of September 7, 1987 (LABOR DAY) and September 28, 1987 (VIRGINIA MUNICIPAL LEAGUE). BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. July 6, 1987 Item V-D.a. PRESENTATIONS ADD-ON - 15 - ITEM # 27627 Hector Rivera, Assistant City Manager for Human Services, INTRODUCED Connie Spence and Kimberly E. Spruill assigned to the City Manager's Office and the City Clerk's Office respectively. Kimberly and Connie are participants in the SUMMER YOUTH EMPLOYMENT PROGRAM of the SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION. Vice Mayor Meyera E. Oberndorf is Chairman of said administration. July 6, 1987 - 16 - Item V -E.1. MINUTES ITEM # 27628 Upon motion by Councilman Perry, seconded by Councilman Balko, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of June 22, 1987. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 6, 1987 Item V-F.1.a-d PUBLIC HEARING PLANNING - 17- ITEM 7- ITEM # 27629 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. WILLIAM F. KIRBY, SR. VARIANCE b. SOUTHLAND CORPORATION CONDITIONAL USE PERMIT c. COLONIAL SELF STORAGE CONDITIONAL USE PERMIT d. ROBERT W. WHITE, SR., TRUSTEE CHANGE OF ZONING July 6, 1987 Item V-F.1.a. PUBLIC HEARING PLANNING - 18 - ITEM # 27630 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised the existing black top access road was only an average of approximately 13 feet in width and requested this variance in the conditions to be imposed. Donald Trueblood, City Engineer, advised this width was not in accordance with the requirements of the the Public Works Department. Upon motion by Councilman Perry, seconded by Councilman Baum, City Council APPROVED: Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for William F. Kirby, Sr., Said parcel is located 120 feet more or less west of the western terminus of Bradpoint Lane. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. The required R-6 front yard setback of 30 feet shall be measured from the 20 -foot ingress -egress easement. 2. A 12-1/2 to 14 -foot (existing) blacktop access road is required through the existing 20 -foot ingress - egress easement to the proposed lot, subject to staff approval. 3. Further conditions may be required during the administration of applicable City Ordinances. Voting: 6-5 Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None July 6, 1987 Item V-F.1.b. PUBLIC HEARING PLANNING -19- ITEM 19 - ITEM # 27631 David Erbe, 814 Baker Road, represented the applicant Opposition: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, represented himself Upon motion by Councilman Moss, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of SOUTHLAND CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE SOUTHLAND CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R07871052 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Southland Corporation for a Conditional Use Permit for an automobile service station in conjunction with a convenience store at the northwest corner of South Independence Boulevard and Edwin Drive. Said parcel is located at 496 South Independence Boulevard and contains 1.18 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A 10 -1/2 -foot right-of-way reservation along Edwin Drive to provide for a six -lane divided arterial with a bikeway, as per the Master Street and Highway Plan. 2. Further conditions may be required during the administration of applicable City Ordinances. 3. The applicant shall provide public restrooms and post a sign to that effect. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of July, Nineteenth Hundred and Eighty-seven. July 6, 1987 Item V-F.1.b. PUBLIC HEARING PLANNING -20- ITEM # 27631 (Continued) In response to Councilman Moss's inquiries William Cashman, Planner, advised the State Highway officials an alignment PUBLIC HEARING would be held relative a Constitution Drive Flyover during the month of October. Federal funding has been removed from this Project. It is all state funds now. The State could be communicating relative their decision of the preferred alignment for the Flyover within four to six months from the time of the Public Hearing. Vice Mayor Oberndorf requested the Corporation investigate the cost- effectiveness of changing the signs of the 7-11's to conform to the City Council's sign ordinance. Vice Mayor Oberndorf further volunteered the City Council's services in explaining to Southland's home office the City's sign ordinance and how the City welcomed Southland into its Municipal family. Councilwoman McClanan advised as neighboring cities have different Sign Ordinances, perhaps the signs not in compliance with Virginia Beach's Sign Ordinance could be given to these aforementioned cities. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: Nancy K. Parker Council Members Absent: None Item V-F.1.c PUBLIC HEARING PLANNING - 21 - ITEM # 27632 The City Clerk referenced a letter from Attorney Grover Wright dated May 13, 1987, relative the conditions concerning the reservation and the limiting to a maximum of five (5) trucks. Attorney Grover Wright represented the applicant and requested the condition of the reservation be for five years Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of COLONIAL SELF STORAGE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF COLONIAL SELF STORAGE FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE AND TRUCK RENTAL R07871053 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AND, Ordinance upon application of Colonial Self Storage for a Conditional Use Permit for bulk storage and truck rental on certain property located on the west side of Holland Road at its intersection with Ships Corner Road. Said parcel contains 4.32 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF COLONIAL SELF STORAGE FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE AND TRUCK RENTAL R07871054 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Colonial Self Storage for a Conditional Use Permit for bulk storage and truck rental on certain property located on the west side of Holland Road at its intersection with Ships Corner Road. Said parcel contains 3.85 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. July 6, 1987 Item V-F.1.c. PUBLIC HEARING PLANNING -22- ITEM # 27632 (Continued) The following conditions shall be required: 1. Reservation of right-of-way for a period of five years for Buckner Boulevard as shown with the proposed Master Street and Highway Plan amendments in this month's agenda (a four lane undivided arterial with a bikeway). Upon completion of Buckner Boulevard, Colonial Self Storage shall provde buffering along the fence adjacent to the highway. 2. Construction of a fence or wall, not less than six (6) feet in height, enclosing the storge yards. No fence is required in areas necessary for ingress and egress. Category I screening shall be on the outside of the wall. 3. Utilization of Best Management Practices which are reasonabley applicable to the development of this site. 4. Category I screening is required along Holland Road in front of both parcels. 5. Further conditions may be required during the administration of appropriate City Ordinances. 6. Limited to a maximum of five (5) rental trucks (single unit van -type construction trucks with a maximum weight of 2000 pounds) on each of the two parcels behind the mini -warehouses on Parcel 2 and as far from the road as possible on Parcel 2A. As per request of Councilwoman McClanan, the definition of a bulk storage yard will be provided by the City Staff. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of July, Nineteenth Hundred and Eighty-seven. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 6, 1987 Item V-F.1.d. PUBLIC HEARING PLANNING -23- ITEM # 27633 The City Clerk referenced the letter dated January 2, 1987, from Captain J. E. Allen, U.S. Navy (Said letter was contained in City Council's Agenda and is hereby made a part of the record). William Davenport, III, 2400 Whaler Court, Phone: 496-0437, represented the applicant, Robert W. White, Sr., Trustee of the Willard White Estate OPPOSITION: LCDR Mark R. Terrell, Phone: 433-2048, represented the Naval Air Station Oceana, and advised said application lies partly in the AICUZ Noise Zone Three directly under the landing pattern for Runway 32. A residential development is highly incompatible in this area and therefore denial of the rezoning is requested. LCDR Terrell requested Noise Disclosure Statements be a condition if said rezoning is APPROVED. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, advised he had no objection to an R-5 Zoning but expressed concern relative the amount of water which will be utilized in these new subdivisions as the City's water problem has not yet been resolved. Various problems relative the AICUZ and designated agricultural areas are not addressed in these Change of Zoning applications. Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon aplicaton of ROBERT W. WHITE, SR., TRUSTEE, of the WILLARD W. WHITE ESTATE for a Change of Zoning: ORDINANCE UPON APPLICATION OF ROBERT W. WHITE, SR., TRUSTEE, WILLIARD W. WHITE ESTATE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 to R-5 Z07871163 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert W. White, Sr., Trustee, William W. White Estate, for a Change of Zoning District Classification from AG -1 Agricultural District to R-5 Residential District on certain property located at the western extremity of Dam Neck Road, 1600 feet west of General Booth Boulevard. Said parcel contains 148 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Right-of-way dedication for the extension of Dam Neck Road (a 164 -foot right-of-way). 2. Dedication of Estates Drive as shown with the proposed Master Street and Highway Plan amendments in this month's agenda (a four lane undivided arterial). 3. Utilization of Best Mangement Practices which are reasonabley applicable to the development of this site. 4. Conditions shall be recorded in the Office of the Clerk of the Cirucuit Court. 5. Noise Disclosure Statement shall be provided in the real estate sale's contract. July 6, 1987 Item V-F.1.d. PUBLIC HEARING PLANNING -24- ITEM # 27633 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of July, Nineteenth Hundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan* Council Members Absent: None *Councilwoman McClanan ABSTAINED as she received poitical campaign contributions from Robert W. White, Sr. .Truly (.)_ 19R7 Item V-G.1.a. RESOLUTIONS INDUSTRIAL DEVELOPMENT REVENUE BONDS -25- ITEM # 27634 Assistant City Attorney Kevin Cosgrove referenced a correction to the Resolution. Paragraph Two, Line 4 the verbage "...comply with Section 103(k) of the Internal Revenue Code of 1954..." should be "...comply with Section 147(b) of the Internal Revenue Code of 1986..." Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED a Resolution, as CORRECTED, approving the ISSUANCE of INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS by the City of Virginia Beach Development Authority for: CBN UNIVERSITY - STUDENT HOUSING REFUNDING BONDS $ 4,100,000 Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Nancy K. Parker and John L. Perry Council Members Voting Nay: John D. Moss Council Members Absent: Vice Mayor Meyera E. Oberndorf A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Adminis- tration Building, on the 6 day of July , 1987. On motion by Councilman Fentress and seconded by Councilman Hejsrhober ing Resolution was adopted. , the follow - RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR CBN UNIVERSITY WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of CBN University (the Company) for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed $4,100,000 to redeem in full the Authority's $4,000,000 1984 Industrial Development Revenue Bonds (CBN University Facility) issued to assist in the financing of the Company's acquisition, construction and equipping of a student housing complex (the Facility) located at 5900-5952 Jake Sears Circle in the City of Virginia Beach, Virginia, and owned by the Company, and has held a public hearing on the issuance of the refunding bonds on June 23, 1987; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the refunding bonds to comply with Section 147(b) of the Internal Revenue Code of 1986, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; WHEREAS, a copy of the Authority's resolution approving the issuance of the refunding bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the refunding bonds and a statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolu- tion are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the refunding bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section of the Internal Revenue Code of 1986, as amended. 147(b) 3. The approval of the issuance of the refunding bonds, as required by such Sections 147(b) and 15.1-1378.1, does not constitute an endorsement of the refunding bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the refunding bonds shall provide that neither the City nor the Authority shall be obligated to pay the refunding bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on July 6., , 1987. 2 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE. REFUNDING BOND FINANCING DATE: May 14, 1987 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: CBN University TYPE OF FACILITY: Student Housing Complex Refunding of City of Virginia Beach Development Authority's $4,000,000 1984 Industrial Development Revenue Bonds (CBN University Facility) 1. Maximum amount of financing sought $4,100,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality -0- 3. Estimated real property tax per year using present tax rates -0- 4. Estimated personal property tax per year using present tax rates -0- 5. Estimated merchants' capital (business license) tax per year using present tax rates 6. Estimated dollar value per year of goods and services that will be purchased locally 7. Estimated number of regular employees on year round basis -0- $ 150,000 10 8. Average annual salary per employee $ 15,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY nre SEAN J V ISN01,E/ /0 J 4 OR i&44CER 4r-4."21' = sr�;(,A 3.J JIAAALsi 4EGERy%0$R ww 1 /0,x iq ix, �;j fliddrRora to w4170aoap • Ta Z.L'i o LY t3 Nor it Fal field Sha Cu eNce zd Woodsmc. Par. 7 Exit -81 lege P Shop r814L 10: HAVEN ESTAy5 pcj orro Pit 'E/o lite 447 a RN rN SE ry, tea CBN Univer BONNE DALE Ji randon JHS LA c PHER AOODGATE T'fl'.iMONS �MyyJJ000 'yµGxs 1NS NP NUM. P1-asant Gro Br SOUS VALLEY 1R AMI MOE TR - 9q ARLESTOWN LAKES HARLESTO'WN AXES SOUTH U.JIB} OCEERB IDGE GUAM Stum CC lit :40 Greenbrier 401 GC lqI OMESA" : %Cs cat rnrnlexel�(/nfla PROJECT NAME: CBN University PROJECT ADDRESS: Jake Sears Circle Virginia Beach, VA TYPE OF PROJECT: Student Housing Complex SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND 1. PROJECT NAME: CBN University 2. LOCATION: 5900-5952 Jake Sears Circle Virginia Beach, VA 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property Student Housing Complex Refunding of Authority's $4,000,000 1984 Industrial Development Revenue Bonds (CBN University Facility) $4,100,000 N/A A-1 b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? Item V-G.1.b. RESOLUTIONS INDUSTRIAL DEVELOPMENT REVENUE BONDS - 26 - ITEM # 27635 Sam Houston, 946 Oriole Drive, Phone: 428-0340, represented the Mayors Comittee on Aging, the Handicapped and the Silver Haired Legislature. Sam Houston distributed a statement relative submission of insurance claims by the elderly and newspaper articles entitled: "Agency Pursues Rule Overhaul for Nursing Homes" and "Mayors and their interests". (Said material is hereby made a part of the record). Mr. Houston requested assistance for the elderly regarding their insurance claims and had documents listing hospitals which would assist the elderly in filing their claims. The Virginia Beach General Hospital did have a computer problem. Attorney William W. Harrison, Willcox and Savage, Phone: 628-5565, represented the applicant Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED a RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS by the City of Virginia Beach Development Authority for: VIRGINIA BEACH GENERAL HOSPITAL AND TIDEWATER HEALTH SERVICES CORPORATION $42,500,000 Councilman Heischober and Perry requested Hector Rivera, Assistant City Manager for Human Services, prepare a report concerning the possibility of conducting classes or workshops explaining to the elderly the method Medicare and/or private insurance co-ordinates the benefits. Many of the elderly citizens are paying bills they should not be paying. Councilman Fentress advised part of the funding derived from the bonds would be utilized in updating the computer system of the Hospital. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: John A. Baum* Council Members Absent: None Councilman John A. Baum ABSTAINED as he is a Member of the Board of the Virginia Beach General Hospital. July 6, 1987 EXHIBIT E RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR VIRGINIA BEACH GENERAL HOSPITAL AND TIDEWATER HEALTH SERVICES CORPORATION WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Virginia Beach General Hospital (VBGH) and Tidewater Health Services Corporation (THSC), for the issuance of the Authority's hospital and medical facility revenue bonds in an amount estimated not to exceed $42,500,000 (the Bonds) for the purpose of 1) refunding the Au- thority's outstanding $21,105,000 Hospital Facility First Mort- gage Revenue Bonds (Virginia Beach General Hospital), Series 1983, 2) refinancing VBGH's obligations of approximately $6,100,000 under the Virginia Hospital Financing Program of the Industrial Development Authority of the County of Henrico, used to purchase certain medical facilities and equipment, 3) financ- ing certain renovations and improvements to the existing facili- ties of VBGH and THSC, located at 1060 and 1080 First Colonial Road in the City of Virginia Beach, Virginia (the Project), 4) funding, if deemed advisable, a debt service reserve fund to se- cure the Bonds, and 5) paying certain costs of issuing the Bonds, and has held a public hearing thereon on June 23, 1987; and WHEREAS, the Authority has requested the City Council of the City of Virginia Beach, Virginia, to approve the issuance of the Bonds to comply with Section 147(b) of the Internal Revenue Code of 1986, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing have been filed with the City Council of the City of Virginia Beach, Virginia: THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council of the City of Virginia Beach, Vir- ginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Virginia Beach General Hospital and Tidewater Health Services Corporation to the extent of and as required by Section 147(b) of the Internal Reve- nue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as re- quired by Section 147(b), does not constitute an endorsement of the Bonds or the creditworthiness of VBGH or THSC; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City of Virginia Beach nor the Authority shall be obligated to pay the Bonds or the in- terest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City of Virginia Beach, or the Authority shall be pledged thereto. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on July 6, , 1987. 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: Facilities Upgrade and Improvements 1060 & 1080 First Colonial Road Virginia Beach., Virginia 23454 ** $42,500,000 5. PRINCIPALS: - Virginia Beach General Hospital Tidewater Health Services Corporation 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 11.6 acres zoned R-4 22.3 acres zoned 0-1 b. Is rezoning proposed? Yes X No c. If so, to what zoning classification? rezoning not required for project ** The project will involve the upgrade and renovation of a number of treatment and care areas in the Hospital to accommodate new technology and techniques in the treatment of specific health problems, in addition it will provide for parking lots to relieve overcrowded parking conditions at the Hospital. A new computer system to upgrade financial and clinical information systems and an office building to house Hospital and affiliated Corporate operation and administrative facilities. Exhibit D FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: June 2, 1987 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: VIRGINIA BEACH GENERAL HOSPITAL TYPE OF FACILITY: MEDICAL FACILITY 1. Maximum amount of financing sought $ 42,500,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality S N/A 3. Estimated real property tax per year using present tax rates $ N/A 4. Estimated personal property tax per year using present tax rates S N/A 5. Estimated merchants' capital (business N/A license) tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased locally 7. Estimated number of regular employees on year round basis 8. Average annual salary per employee $ 17,200,000 1,154 Full -Time Equivalents $ 22,063 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. r City of Virginia Beach Development Authority Economic Impact Statement 1. Amount of investment • $ 42.500.000 2. Amount of industrial revenue bond financing sought $ •42,500,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 4. Estimated real property tax per year using present tax rate 5. Estimated personal property tax 6. Economic impact statement demonstrating the N/A $ N/A $ N/A overall return to the city: A. Number of new fobs 40.. possible B. Payroll generated $.875,000 Av. Wage $ 21.R75 C. Number of jobs retained 1.,154 D. Payroll retained $25,461,000 Av. Wage $ 22,063 E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Interest Pwpenso $.2,000,000 Professional Services, Fees & Miscellanen;is $.6,600,000 Food, Drugs and Supplies $ 8,600,000 TOTAL $ 17,200,000 • F. Estimatedbuilding permit fee and other municipal fees $Unknown at present G. Estimated construction payroll $Unknown H. Estimated value of construction material co be purchased within the City of Virginia Beach $ Unknown T. Estimated number of construction jobs nnknnwn J. Any ocher items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes _ No XX 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes Assuming favorable market conditions, closing No is expected in mid-September, 1987. 10. Location of project (attach location map) _SPP Attached Zoned 0-1 and R-4 11. Explanation of alternative financing that has been reviewed for project Seashore c State forth: Virgiaia Beach LASKIN ROAD OFFICE 1608 Laskin Rd. PROJECT NAME: PROJECT ADDRESS: Virginia Beach General Hospital Tidewater Health Services Corporation 1060 First Colonial Road Virginia Beach, Virginia 23454 1080 First Colonial Road Virginia Beach, Virginia 23454 TYPE OF PROJECT: Health Care -27 - Item V -H.1. ORDINANCES ITEM # 27636 In response to Councilwoman McClanan's inquiries, Clarence Warnstaff advised a questionnaire was developed to ascertain how many neighborhoods truly desired water service vs the number who simply wished to limit their financial ability when they signed the formal petitions. As a result of the questionnaire the thirty-five projects were ranked and the nine neighborhood projects before City Council on this date were derived from this ranking. Some property owners wished to limit their financial ability, but there were many property owners who did wish the water service. Of the initial seventeen (17) projects authorized in 1986, three of the neighborhoods did not have City Water or Sewer. Of those three, there was an existing CIP Project already included in the City's Five -Year Program to extend City Sewer. In response to Councilwoman Parker's inquiries, Clarence Warnstaff advised there were no exemptions to City Sewer hook-up. Once the Public Sewer becomes available, the citizen must abandon the septic tank system and pay the City's connection fees. Councilman Perry reiterated concerns why water and sewer projects could not be installed together as the project cost would be reduced. Clarence Warnstaff advised contained within the petitions on file are the thirty-five neighborhood projects requesting City Water service. The extension of Sewer Service was recommended for consideration to City Council under several conditions: If the property owner petitioned and officially requested City Sewer Service; if their was a public health reason; or, if there was some other environmental reason. This is the current City policy. If none of these conditions exist, Clarence Warnstaff is not recommending the extension of sewer service. The cost for the water program was approximatley $18 -$19 -MILLION. If you add the City sanitary sewer to these same neighborhoods, an additional $26-27 Million would be added. Therefore, a program of installing water mains could be accomplished in approximately 5 to 7 years with annual funding of $4 -MILLION per year. By installing both Water and Sewer this 5 to 7 -year program becomes a 10 to 15 - year program. Therefore, it was recommended the continuation of the current City Policy relative extension of City sewer. Prior to initiating the engineering design for each of the aforementioned nine projects, the Health Department will survey each of the nine (9) neighborhoods to determine their condition. A meeting will also be arranged with each of the nine (9) neighborhoods to determine if there is an interest in having City sewer. Of the nine (9) projects for City Council's consideration, three have City Sewer Service, six of the nine do not. In response to Councilwoman Henley's inquiry, additional Capital Funding will be required to provide these neighborhood projects and the Staff is recommending this be in the range of $4 -MILLION per year. Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council APPROVED upon FIRST READING: Ordinance to accept and appropriate $992,000 to the Water and Sewer Capital Projects Fund to allow for the engineering design of nine (9) neighborhood water projects. July 6, 1987 - 2a Item V -H.1. ORDINANCES ITEM n 27636 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Councl Members Absent: None July 6, 1987 AN ORDINANCE TO APPROPRIATE $992,000 TO THE WATER AND SEWER CAPITAL PROJECTS FUND TO ALLOW FOR THE ENGINEERING DESIGN OF NINE NEIGHBORHOOD WATER PROJECTS WHEREAS, on February 10, 1986 City Council adopted a resolution which reduced the required participation for a neighborhood water petition project from 75% to 51%, and WHEREAS, nine additional neighborhoods including: Linkhorn Estates, Bells Road, Stewart Drive, River Road, Shorehaven, Dwyer Road, Weaverville, Alanton, and Bellamy Manor have obtained the necessary 51% requests for water service, and WHEREAS, in order to proceed with engineering design of the projects it will be necessary to appropriate $992,000 from the Water and Sewer Fund to the various project accounts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $992,000 from the Water and Sewer Fund are hereby appropriated to the water and sewer capital project fund to allow for the engineering design of nine neighborhood water projects. This ordinance shall be in effect from the date of its adoption. Adopted by The Council of the City of Virginia Beach, Virginia on the day of , 1987. FIRST READING: July 6, 1987 SECOND READING: -29 - Item V -H.2 ORDINANCES ITEM # 27637 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to transfer $53,000 within the Water and provide for a Civil Engineer Sewer Fund to position. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Harold Heischober, Barbara Jones, John D. Moss, Vice Nancy K. Parker and John L Council Members Voting Nay: Reba S. McClanan Councl Members Absent: None Baum, Robert E. Fentress, M. Henley, Mayor Robert G. Mayor Meyera E. Oberndorf, . Perry July 6, 1987 AN ORDINANCE TO TRANSFER $53,000 WITHIN THE WATER AND SEWER FUND TO PROVIDE FOR A CIVIL ENGINEER POSITION WHEREAS, on February 10, 1986 City Council adopted a resolution which reduced the required participation for a neighborhood water petition project from 75% to 51% resulting in an increased number of water projects, and WHEREAS, additional Public Utilities personnel are needed over the next several years to implement the new CIP projects with a Civil Engineer position needed in the current fiscal year, and WHEREAS, the cost of salary and support equipment for the Civil Engineer position is estimated at $53,000 , and WHEREAS, the needed amount may be transferred from Reserve for Contingencies in the Water and Sewer Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $53,000 are hereby transferred from Reserve for Contingencies in the Water and Sewer Fund to provide for the salary and support costs of a Civil Engineer position. This ordinance shall be in effect from the date of its adoption. Adopted by The Council of the City of Virginia Beach, Virginia on the day of July 6, , 1987. -30 - Item V -H.3 ORDINANCES ITEM # 27638 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED upon FIRST READING: Ordinance to accept and appropriate $180,000 to Project #6-945, Larkspur Sewer, for engineering design. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $180,000 Tti0 PROJECT #6-945 LARKSPUR SEWER FOR ENGINEERING DESIGN WHEREAS, the current Capital Improvement Program includes Larkspur water and sewer projects presently scheduled for construction in fiscal years 1987 and 1992 respectively, and WHEREAS, the Department of Public Utilities presently has on file sewer service requests from 64% of the property owners within the sewer service area while the water project was previously authorized and funded under the 51% Neighborhood project criteria, and WHEREAS, the concurrent installation of city water and sewer will prevent disruption of the neighborhood twice and will result in cost savings to the city, and WHEREAS, to allow for the engineering design of the sewer project it will be necessary to appropriate $180,000 from the Water and Sewer Fund to the project account. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $180,000 is hereby appropriated from the Water and Sewer Fund to project 116-945 Larkspur Sewer for engineering design. This ordinance shall be in effect from the date of its adoption. Adopted by The Council of the City of Virginia Beach, Virginia on the day of , 1987. FIRST READING: July 6, 1987 SECOND READING: - 31 - Item V -H.4 ORDINANCE ITEM # 27639 The City Clerk advised new Ordinances had been distributed to indicate an effective date of August 1, 1987. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to amend and reordain Sections 37-16, 37-23, 37-31(e), 37-46, 37-47, 37-54(c), 37-56(a), 37-57 of the Code of the City of Virginia Beach, pertaining to water supply. AND, Ordinance to amend and reordain Section 28-3, 28-4, 28-5, 28-9, and 28-31 of the Code of the City of Virginia Beach, pertaining to sewers and sewage disposal. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None July 6, 1987 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 37-16, 37-23, 37-31(e), 3 37-46, 37-47, 37-54(c), 37-56(a), 4 37-57 OF THE CODE OF THE CITY OF 5 VIRGINIA BEACH, PERTAINING TO 6 WATER SUPPLY. 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 37-16, 37-23, 37-31(e), 37-46, 37-47, 37- 11 54(c), 37-56(a), 37-57 of the Code of the City of Virginia Beach 12 is hereby amended and reordained to read as follows: 13 14 15 Section 37-16. Account initiation and reestablishment charges. 16 17 (a) There shall be a fifteen-deHHar-t$1576e} twenty 18 dollar ($20.00) fee charged each new customer to cover 19 administrative costs connected with establishing a water account 20 with the city. 21 (b) All owners or their authorized agents, after 22 knowledge that their premises have been vacated, shall promptly 23 notify, in writing, the department of public utilities to shut 24 off the consumer supply of water thereto. Upon receipt of such 25 notification, the department of public utilities shall 26 effectually shut off the water to such premises and at the same 27 time record the reading of the meter. When the service is so 28 shut off, there shall be a fifteen-do*+ar-t$157ee} twenty dollar 29 ($20.00) charge for restoring such service. 30 (c) Any consumer may keep his water service intact 31 during the vacancy of any premises by paying the minimum meter 32 maintenance charges and minimum water usage charges set forth in 33 article II of this chapter. 34 (d) Where it is necessary to remove a meter, or where 35 the removal of a meter is requested by the owner of the premises 36 or his authorized agent, the charge for reinstallation of the 37 meter shall be twenty-five dollars ($25.00) for all meters up to 38 two (2) inches and, for all meters two (2) inches or greater, the 39 charge shall include the cost of labor, materials and equipment, 40 plus twenty-five (25) percent. 41 (e) Whenever water service is abandoned, the charges 42 for reconnection of service shall be as provided for in section 43 37-7. 44 45 Section 37-23. Use of water for private fire protection systems. 46 (a) No city water shall be used for private fire 47 protection systems, unless the customer installs, at his cost, a 48 detector check valve and by-pass meter of a type and at a 49 location approved by the department of public utilities. 50 (b) The customer shall pay the cost of all labor, 51 materials and equipment for any facility installed by the 52 department of public utilities in order to accommodate a private 53 fire protection system, plus twenty-five (25) percent. 54 (c) No person shall use water from a private fire 55 protection system, other than for extinguishing a fire, without 56 the written consent of the director of public utilities. If 57 water from a private fire protection system is used in a manner 58 not authorized herein, all water usage shall be cut off, unless 59 such unauthorized use is terminated immediately upon notice from 60 the department of public utilities and payment is made for all 61 water so used. 62 (d) No charge shall be made for water used to 63 extinguish fires, but a three-dollar-and-ferty-fHve-cent-f$3745t 64 three dollar and thirty-five cent ($3.35) monthly service fee is 65 hereby imposed for reading and maintaining meters and inspecting 66 the systems. 67 68 Section 37-31. Termination of service for failure to pay sewage 69 disposal charges to private utility. 70 71 (a) Any water customer of the city who has not paid 72 the applicable rates and charges to any private sewage disposal 73 system company within the city for service rendered, and who has 74 been notified pursuant to state statute to cease disposal of 75 sewage into the system within two (2) months, may have his water 76 service terminated upon request of the private utility involved. 77 (b) After the statutory period for the customer to 78 cease disposal of sewage into the private system has elapsed, the 2 79 private utility company shall notify the customer, in writing, 80 that water service shall be discontinued by the city if payment 81 for the delinquent sewerage bill is not received by the utility 82 within ten (10) days. After the ten (10) days has expired, the 83 private utility company may notify the department of public 84 utilities to turn off water service to the respective property. 85 A copy of such notification shall be sent to the customer. 86 (c) Within five (5) days after receipt of the notice 87 from the private utility company, the department of public 88 utilities shall turn off water service and hang a notice of turn - 89 off on the front door of the premises, explaining the reason for 90 discontinuation of service. 91 (d) Upon notification from the private utility company 92 that service discontinued under this section is to be restored, 93 the city will restore such service within one business day. 94 (e) A charge of ten-dollare-f$18788} twenty dollars 95 ($20.00) shall be paid for each request from a private utility to 96 discontinue service pursuant to this section. This charge shall 97 be billed directly to the private utility company. The 98 department of public utilities will not make any monetary 99 collection for private utility companies. 100 (f) The department of public utilities will not be 101 liable for any damage resulting from the discontinuance of water 102 service when requested to do so under this section. 103 104 Section 37-46. Minimum service availability charges prescribed. 105 Each consumer shall pay a monthly minimum service 106 availability charge as follows for each meter connecting his 107 premises with the city water system: 108 Meter Size Monthly charge 109 5/8 inch $-3745 $ 3.35 110 3/4 inch 4768 4.25 111 1 inch 6785 6.05 112 1 1/2 inch 12745 10.55 113 2 inch 19739- 15.95 114 3 inch 34795 28.55 3 115 4 inch 57745 46.55 116 6 inch }}3778 91.50 117 8 inch 181-20 145.50 118 10 inch 283745 208.45 119 12 inch 48672e 388.35 120 Fire hydrant meter 34795 28.55 121 122 Section 37-47. Water usage rates prescribed. 123 In addition to the charges provided for in section 37- 124 46, each consumer shall pay for water usage the rate of one 125 do}}ar-and-sixty-twe-cents-f$1762-y one dollar and eighty-one 126 cents ($1.81) per thousand (1,000) gallons for 1987-1988, 127 effective as of August 1, 1987 and two dollars ($2.00) per 128 thousand (1,000) gallons for 1988-1989, effective July 1, 1988. 129 tone-do}}ar-and-twenty-ane-cents-f$}-2}}-per-hundred-f}88}-cubic 130 feet}.---The-above-water-usage-rate-sha}}-become-effective-with 131 a}}-water-consumed-on-and-after-dniy-};-}9837 132 —133 Section 37-54. When due and payable; delinquency. 134 (a) All bills for charges prescribed in this article 135 shall be due and payable within ten (10) days from the date of 136 the bill. If such bill is not paid when due, the consumer shall 137 be deemed delinquent thirty (30) days after the date of the bill. 138 The department of public utilities shall notify the consumer, in 139 writing, of such delinquency, and shall direct the consumer to 140 show cause, within fifteen (15) days, why his water service 141 should not be discontinued. 142 (b) Failure to receive a bill for charges prescribed 143 by this article shall not prevent the discontinuance of service 144 in accord with the provisions of this section. 145 (c) When water service is discontinued pursuant to 146 this section, water shall not again be turned on until all 147 arrearages and charges have been paid, including a charge of ten 148 dollars-f$}e-ee} twenty dollars ($20.00) for turning the water 149 on, if the premises are occupied by the same consumer who 150 incurred the bill; provided, that any consumer delinquent or in 4 151 arrears shall settle all past indebtedness, wherever incurred, 152 before again being served city water. 153 154 Section 37-56. Testing meter; correcting bill when meter 155 overregisters. 156 L57 (a) Any consumer shall have the right to demand that —158 the meter through which water is being furnished be examined and 159 tested by the department of public utilities, for the purpose of 160 ascertaining whether or not it is registering correctly the 161 amount of water which is being delivered through it by such 162 department to such consumer. When a consumer desires to have 163 such meter so examined and tested, he shall make application 164 therefor in writing to the department of public utilities and, at 165 the same time, pay a fee as follows, based upon the meter size: 166 Meter 167 Size Fee 168 5/8" $25-88 $60.00 169 3/4" 25-89 60.00 L70 1" 25788 60.00 171 1 1/2" 35.-98 80.00 172 2" 35.-88 80.00 173 3" 35780 80.00 174 4" 58.88 80.00 175 If the meter is in excess of four (4) inches, the amount required 176 shall be the estimated actual cost of labor, materials and 177 equipment, plus twenty-five (25) percent as an administrative 178 cost. 179 (b) If, upon such examination and test, the meter is 180 found to register three (3) percent or more water consumption 181 than actually passes through it, the meter shall be corrected and 182 the fee paid pursuant to this section shall be refunded and the 183 water bill shall be correspondingly corrected. 184 185 Section 37-57. Developer fire hydrant fee. 186 Developers installing fire hydrants, as required 187 incident to subdivision development, shall pay the sum of two 188 hundred -dollars -{$288788} -per -hydrant -for -all -hydrants -installed 5 189 prior-te-July-l;-}9897--6n-and-after-July-17-}9847-the-hydrant 190 rental-fee-shall-be-twe-hundred-fifty-dollars-{$258798} three 191 hundred ten dollars ($310.00). 192 .93 This Ordinance shall become effective August 1, 1987. L94 195 Adopted by the Council of the City of Virginia Beach, 196 Virginia, on the 6th day of July , 1987. 197 198 KJC/epm 199 06/24/87 200 CA -02330 201 \ordin\proposed\37-016ETC.ALT 202 203 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 28-3, 28-4, 28-5, 28-9, AND 3 28-31 OF THE CODE OF THE CITY OF 4 VIRGINIA BEACH, PERTAINING TO 5 SEWERS AND SEWAGE DISPOSAL. 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 28-3, 28-4, 28-5, 28-9, and 28-31 of the 10 Code of the City of Virginia Beach is hereby amended and 11 reordained to read as follows: 12 13 14 Section 28-3. Sewer connection fees (tap fees). 15 16 The following fees shall be paid for connections to the 17 public sewer system (tap fees): 18 (1) Four -inch tap: $145788 $225.00. 19 (2) Over four -inch tap: Cost of labor, material and equipment, 20 plus twenty-five (25) percent. — 21 22 Section 28-4. Sewer system impact fees (line fees), generally. 23 (a) The fees prescribed by the following subsections 24 of this section shall be paid for the installation of sewers, 25 such fees to be known as "line fees." Such fees shall also be 26 applicable to a use or structure previously connected to the 27 sewer whenever such use or structure is expanded, changed or 28 modified. In such cases, the fees shall be determined on the 29 basis of the total proposed new use or structure, less a credit, 30 at current rates, for the existing use or structure or the last 31 structure, if previously demolished, provided the property has 32 not been vacant for more than ten (10) years. No credit shall be 33 allowed after ten (10) years. 34 (b). The property owner's share of system installation 35 where connection is made to the public sewer system shall be as 36 follows: 37 (1) Single-family residences: 38 a. For the first 100 feet, or portion thereof, of 39 frontage: $178i5788 $1,320.00. 40 b. For each foot of frontage in excess of 100 feet: 41 $15798 $13.20. 42 In cases where the front footage is 1.5 or more times 43 greater than the rear yard footage, the front footage, for 44 the purposes of this subsection, shall be determined by __45 adding the front and rear yard lengths and dividing that sum 46 by two (2) . Whenever a sewer line is located on two (2) 47 sides of a parcel, the shorter side shall be the one upon 48 which the determination of front footage shall be 49 calculated. Whenever a sewer line is located on only one 50 side of a parcel, that side shall be used for the purpose of 51 front footage. In cases where there are frontages on 52 residences zoned for agricultural use which are larger than 53 the minimum frontage requirements for residential property, 54 the director of the department of public utilities may 55 authorize line fees to be computed based on the minimum 56 front footage for residential property for each dwelling 57 unit on the property. In cases where there are frontages on 58 residences zoned for residential use, but actually used for 59 agricultural, horticultural, forest, or open space and 60 currently classified and taxed for such use by the real 61 estate assessor, the director of public utilities may 62 authorize line fees to be computed based on the minimum 63 front footage for residential property for each dwelling 64 unit on the property, provided that, in either of the 65 aforementioned cases, the owners of such property shall sign 66 an agreement, to be recorded against the property, that at 67 the time the property is further developed or subdivided or 68 changes title or experiences a change in tax classification, 69 full fees will become due and payable. The rates applicable 70 will be those prevailing at the time the change to the 71 property takes place and will be based on the land use type 72 which will be in effect after the change. For the purposes 73 of line fees only, single-family residences with detached 74 apartment units shall be charged in accordance with the fees 75 set forth in subsection (3) below. 2 76 (2) Motels and hotels, per unit: $636700 $820.00. 77 (3) Structures with two (2) or more family residential units, 78 per unit: $736700 $950.00. 79 (4) Nursing and convalescent homes, per room (calculated at two 80 (2) beds = one room): $226780 $285.00. 81 (5) Trailers, per space: $3+5786 $410.00. 82 (6) Professional and office buildings, per six hundred (600) 83 square feet of building area: $228700 $285.00. 84 (7) Retail stores, restaurants and shopping centers, per square 85 foot of floor space: $0714 $0.18. 86 (8) Industrial, manufacturing, wholesale, assembly, processing 87 and distribution facilities, domestic use, per square foot 88 of floor space: $0714 $0.18. 89 (9) Separate warehouse facilities used for storage only, where 90 no industrial activity, manufacturing or processing takes 91 place, per square foot of floor space: $0783 $0.04. 92 (10) In all cases where the use or structure is not described 93 hereinabove, line fees for the building, structure, 94 addition, modification or expansion thereto shall be 95 computed as follows: 96 a. The estimated daily flow of the proposed use shall first 97 be determined by the department of public utilities, 98 based on similar actual flows of comparable uses, taking 99 into account the hours of operation, type of use, 100 location and other criteria determinative of estimated 101 flows; then 102 b. This estimated daily flow will be divided by 400, 103 yielding a demand units figure; then 104 c. This demand units figure will be multiplied by the 105 minimum fee applicable to a single-family residence. .06 If an estimated flow cannot be accurately determined, the 107 director of public utilities is authorized to accept a 108 deposit, in advance of actual flows, with the fee to be 109 determined after one year of actual consumption, as per a. 110 through c., above. 3 111 Where gravity sewer service is not available to the property 112 owner, the fees prescribed in this subsection (b) shall be 113 calculated at one-half (1/2) those enumerated above. 114 (c) The property owner's share of system installation 115 costs, where the property owner must construct a sewer or sewers, L16 which are to become a part of the public sewer system, to provide 117 service to a specific parcel or parcels, as shall be shown on the 118 approved construction plans, shall be as follows: 119 (1) Single-family residences, each: $195769 $255.00. 120 (2) Motels and hotels, per unit: $125768 $165.00. 121 (3) Structures with two (2) or more family units, per unit: 122 $145780 $190.00. 123 (4) Nursing and convalescent homes, per room (calculated at two 124 (2) beds = one room): $108766 $130.00. 125 (5) Trailers, per space: $138:68 $170.00. 126 (6) Professional and office buildings, per six hundred (600) 127 square feet of building area: $169786 $130.00. L28 (7) Retail stores, restaurants and shopping centers, per square 129 foot of floor space: $8-e4 $0.05. 130 (8) Industrial, manufacturing, wholesale, assembly, processing 131 and distribution facilities, domestic use, per square foot 132 of floor space: $8784 $0.05. 133 (9) Separate warehouse facilities used for storage only, where 134 no industrial activity, manufacturing or processing takes 135 place, per square foot of floor space: $e7e1 $0.02. 136 (10) In all cases where the use or structure is not described 137 hereinabove, line fees for the building, structure, 138 addition, modification or expansion thereto shall be 139 computed as follows: 140 a. The estimated daily flow of the proposed use or 141 structure shall be first determined by the department of 142 public utilities, based on similar actual flows for 143 comparable uses or structures, taking into account the 144 hours of operation, type of use, location and other 145 criteria determinative of estimated flow; then 4 146 b. This estimated daily flow will be divided by 400, 147 yielding a demand units figure; then 148 c. This demand units figure will be multiplied by the 149 minimum fee applicable to a single-family residence. 150 If an estimated flow cannot be accurately determined, the L51 director of public utilities is authorized to accept a 152 deposit, in advance of actual flows, with the fee to be 153 determined after one year of actual consumption, as per a. 154 through c., above. 155 (d) Whenever system installation costs are calculated 156 pursuant to subsection (c) of this section, and the property to 157 be served discharges through a pump station owned by the city, 158 then, in addition to the fees prescribed in subsection (c) above, 159 there shall also be charged a fee in the sum of two--hundred- 160 thirty--do±i-a-r-s---( 230- fr} three hundred twenty-five dollars 161 ($325.00) per gallon per minute/peak flow. "Peak flow" shall be 162 construed to mean the prevailing peak flow standards set forth by L63 the state health department or the actual peak flow, whichever is `164 greater. 165 (e) A special sewer line fee for seasonally operated 166 campsite parks connected to any main or interceptor is hereby 167 established. Such fee shall be ene--hint&recl-+M-rty--do}}ars 168 f$13670et one hundred seventy dollars ($170.00) per camp space. 169 For this fee to be applicable, the owner must enter into a 170 contract with the city providing that, at such future times as 171 the camp park is converted to year-round use, the fees specified 172 in subsections (b)(5) and (c)(5) of this section shall be 173 applicable and that the owner shall pay the difference in such 174 fees at time of conversion to yearround use. 175 (f) In no event shall any line fee for any purpose L76 enumerated in this section be less than the amount calculable if 177 the use in question were a single-family residence. Where more 178 than one use or more than one structure is to occur on a single 179 parcel of land, the minimum amount shall apply separately to each 180 individual use or structure. 5 .81 (g) No building permit shall be valid and no water or -82 sewer tap shall be installed for any property until the fees .83 provided for in this section have been paid, except as otherwise .84 provided in this article. .85 (h) In the case of existing contract agreements .86 between owners and the city regarding fees and waiver of fees, .87 such agreements shall remain in effect. .88 .89 Section 28-5. Installment, etc., payment of line fees. L90 (a) The director of public utilities is hereby L91 authorized to accept, on behalf of the city, notes for the L92 payment of the line fees due under subsection (b)(1) of section L93 28-4, if homeowner occupied. The terms of each such note shall L94 be all tap and cleanout fees, given as a down payment, with the L95 full line fee payable in four (4) equal, annual installments at a L96 rate of interest of eight (8) percent per annum. L97 (b) When a hardship exists, the director of public L98 utilities may allow the down payment prescribed in paragraph (a) L99 above, to be paid by installments over a one-year period; or, if 200 the property is being offered for sale, the director of public 201 utilities may enter into an agreement whereby all fees shall be 202 paid from the proceeds of the sale or within ninety (90) days of 203 the date of the agreement, whichever shall be the sooner. 204 205 Section 28-9. Sewer cleanouts. 206 All buildings and dwellings connected to the public 207 sewer system shall have a cleanout installed in the lateral line 208 at or near the property line served. If such cleanouts are 209 installed by the city, the charge shall be as follows for each 210 cleanout installed: ?ll (1) Four -inch cleanout: $145789 $225.00. 212 (2) Over four (4) inches: Cost of labor, material and 213 equipment, plus twenty-five (25) percent. 214 215 Section 28-31. Account initiation and reestablishment charge. 6 216 (a) When a customer not connected to city water opens 217 an account for city sewer service only, such customer shall be 218 charged a fee of fifteen-dei±ars-f$*57881 twenty dollars ($20.00) 219 to cover costs connected with the establishment of the account. 220 (b) When sewer service only to any premises is 221 discontinued for any reason, there shall be a fifteen--do-1-}a-r- 222 f$33:-0-01- twenty dollar ($20.00) charge for restoring such 223 service. 224 This ordinance shall become effective August 1, 1987. 225 226 Adopted by the Council of the City of Virginia Beach, 227 Virginia, on the 6th day of July 228 229 KJC/epm 230 06/24/87 231 CA -02331 232 \ordin\proposed\28-003etc.pro 233 234 235 7 , 1987. Item V -H.5 ORDINANCES -32- ITEM # 27640 Lillian DeVenny, 5006 Cleveland Street, Member of the State Advisory Committee to the State Commission on VASAP, spoke in OPPOSITION to said Ordinance, . The Commission ADOPTED a revised Policies and Procedure Manuel and a Certification Manual, as well as a criteria for the approval and funding of deficits in local programs and a Resolution of the VASAP Directors Association regarding the establishment of independent local policy boards and an initial certification process for local programs was APPROVED and funds allocated for the process. This Resolution regarding the initial certification of local programs was in line with one of Governor Robb's recommendations. If the Memorandum of Agreement between the City of Virginia Beach and the City of Norfolk concerning the Tidewater Virginia Alcohol Safety Action Program is signed, the Cities will be in direct conflict with the STATE VASAP COMMISSION. Lillian DeVenny distributed information to City Council relative same. (Said material is hereby made a part of the record). Mrs. DeVenny understood if there was not an independent policy board same could affect the STATE VASAP COMMISSIONts Certification of the TIDEWATER VIRGINIA ALCOHOL SAFETY ACTION PROGRAM. Hector Rivera, Assistant City Manager for Human Services, advised this issue commenced when the Community Services Board requested the City Manager divest themselves of the VASAP and requested the City Manager's Office to devise another administrative structure. The program at this point was beset with organizational difficulties and a potential deficit. Hector Rivera referenced a letter from the Commissioner of Motor Vehicles, Donald E. Williams, commending the City in bringing this program back to stability and a sense of prudent administration. (Said letter is hereby made a part of the record). A variety of options were researched. As the result of investigating all pros and cons, it was in the best interest of the program to tie same into an existing proven board that is already an existing board of the City. The police enforcement and judicial side needed to be emphasized as well as the political aspects. Caroline Baldwin, Director of Office of Community Corrections and TVASAP, advised, since the letter of May 22, 1987 from C. Hardaway Marks, there were two more recent pieces of correspondence from the VASAP COMMISSION both indicating there were a number of WAIVER requests sent in from localities from around the State and there was a need for greater flexibility in such items as the composition of the local boards. In December, approval was requested from the Department of Corrections to make this transition and involve the Community Corrections Resources Board in a sponsorship type of authority. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute a Memorandum of Agreement between the City of Virginia Beach and the City of Norfolk concerning the Tidewater Virginia Alcohol Safety Action Program (TVASAP). Said Agreement shall be for a term from July 1, 1987, through June 30, 1988. This Agreement shall require Annual Renewal by the two cities. If there are no new directives and a smooth running of the program, the City Manager may initiate said renewal. If there is disagreement or concern, the City Manager will present same to City Council for their consideration. -33 - Item V -H.5. ORDINANCES ITEM # 27640 (Contined) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: John L. Perry* Council Members Absent: None Councilman Perry ABSTAINED as he is a Member of the Community Corrections Resource Board July 6, 1987 1 2 3 AN ORDINANCE TO AUTHORIZE AND 4 DIRECT THE CITY MANAGER TO EXECUTE 5 A MEMORANDUM OF AGREEMENT BETWEEN 6 THE CITY OF VIRGINIA BEACH AND THE 7 CITY OF NORFOLK CONCERNING THE 8 TIDEWATER VIRGINIA ALCOHOL SAFETY 9 ACTION PROGRAM LO L1 12 WHEREAS, the Tidewater Virginia Alcohol Safety Action 13 Program (TVASAP)) serves the courts of Norfolk and Virginia Beach 14 as a regional program, targeted toward reducing the incidents of 15 driving under the influence; and 16 WHEREAS, effective July 1, 1987, the sponsoring board 17 for TVASAP will shift from the Community Services Board to the 18 Community Corrections Resources Board; and 19 WHEREAS, the City of Virginia Beach desires to enter 20 into a Memorandum of Agreement with the City of Norfolk to 21 recognize the Community Corrections Resources Board as a 22 sponsoring authority for TVASAP and confirm that the budget for 23 TVASAP is generated by revenues only. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 That the City Manager is hereby authorized and directed 27 to enter into the Memorandum of Agreement with the City of 28 Norfolk to provide services to the District and Circuit Courts 29 of Norfolk and Virginia Beach. Said Agreement is attached 30 hereto and made a part hereof. 31 This Ordinance shall be effective from the date of its 32 adoption. 33 Adopted by the Council of the City of Virginia Beach on 34 the 6th day of July , 1987. 35 36 —37 CJS/awj 38 6/17/87 39 Res/CCRB.ord 40 APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS IO LEGAL SUFF{CIEh d, ' D FORM ri /CITY ATTORNEY Memorandum of Agreement This agreement entered into the day of , 1987, by and between the City of Norfolk and the City of Virginia Beach. Whereas, the Tidewater Virginia Alcohol Safety Action Program, hereafter referred to as TVASAP, provides services to the district courts of Norfolk and Virginia Beach and to the circuit courts of both cities, in cases of appeal; Whereas, the courts are desirous of continuing to refer defendants convicted of DUI to TVASAP for classification, education and treatment; Now, therefore, the parties agree as follows: 1. That the Community Corrections Resources Board is the sponsoring authority for TVASAP. 2. That the Community Corrections Resources Board is authorized to review, in advance, and approve all TVASAP programmatic policies, including budget submission; 3. That TVASAP is required to operate solely on the basis of revenues generated by client fees; 4. That TVASAP, by definition, is a state initiative, administered by the state and is required to generate sufficient revenue for expenditures. In the event of a shortfall, both cities will make every effort to cut back expenditures and, as a last resort, the cities will consider delaying the transmission of the state share. 5. That an advisory board composed of the two police chiefs, the two assistant city managers for human services, and the Community Service Board directors, or their representatives would be appointed to advise the director of the Office of Community Corrections. Nothing in this agreement shall affect the right of either party to terminate the agreement upon written notice of a minimum of sixty (60) days. The term of this agreement shall be July 1, 1987 through June 30, 1988. In witness thereof the City of Norfolk and the City of Virginia Beach cause this agreement to be executed by their duly authorized representatives. -34 - Item V -H.6 ORDINANCE ITEM # 27641 Dallas Norman, 4413 Blackbeard Road, represented Charlotte Norman, and advised he is requesting an encroachment only for the existing boat dock which has been in existance approximately twenty-five years. The structure, boatlift, DENIED by City Council has been torn down with the exception of the pilings. Harry A. Sheely, 4409 Blackbeard Road, Phone: 464-1728, spoke in OPPOSITION Horace R. Lewis, 4333 Blackbeard Road, Phone: 460-0560, registered in OPPOSITION but WAIVED his right to speak. Upon motion by Councilman Perry, seconded by Councilman Balko, City Councli ADOPTED: Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Charlotte G. Norman, her heirs, assigns and successors in title. The existing PILINGS connected with the boatlift must be removed within 30 days. The following conditions shall be required: 1. The owner agrees to remove the encorahcment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroahcment so as not to become unsightly or a hazard. 4. The owner agrees to obtain a written statement from the City of Norfolk to the extent that Norfolk will not invoke its reversionary rights if this request is granted by the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 6, 1987 APPROVED AS Tt CONTENT DEPARTMENT ST FOP % 1 w�r..r.. QT'{ 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE _ 5 A TEMPORARY ENCROACHMENT 6 INTO A PORTION OF CITY 7 PROPERTY KNOWN AS LAKE 8 JOYCE TO CHARLOTTE G. 9 NORMAN, HER HEIRS, 10 ASSIGNS AND SUCCESSORS IN 11 TITLE 12 13 14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 That pursuant to the authority and to the extent 17 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 18 amended, Charlotte G. Norman, her heirs, assigns and successors 19 in title are authorized to construct and maintain a temporary 20 encroachment into the City's property known as Lake Joyce. 21 That the temporary encroachment herein authorized is --22 for the purpose of constructing and maintaining a boatlift and 23 wooden dock adjacent to her property at 4413 Blackbeard Road that 24 said encroachment shall be constructed and maintained in 25 accordance with the City of Virginia Beach Public Works 26 Department's specifications as to size, alignment and location, 27 and further that such temporary encroachment is more particularly 28 described as follows: 29 30 An area of encroachment into a 31 portion of the City's property 32 known as Lake Joyce, on the certain 33 plat entitled: "PLAN VIEW OF 34 PROJECT SITE AT D. V. NORMAN 35 RESIDENCE SCALE 1"=50' PROPOSED 36 BOAT LIFT AND SUNDECK," copies of 37 which are on file in the Department 38 of Public Works and to which 39 reference is made for a more 40 particular description. _41 42 PROVIDED, HOWEVER, that the temporary encroachment 43 herein authorized shall terminate upon notice by the City of 44 Virginia Beach to Charlotte G. Norman her heirs, assigns and 45 successors in title and that within thirty (30) days after such 46 notice is given, said encroachment shall be removed from the 47 City's property known as Lake Joyce and that Charlotte G. Norman, 48 her, assigns and successors in title shall bear all costs and 49 expenses of such removal. 50 AND, PROVIDED FURTHER, that it is expressly understood 51 and agreed that Charlotte G. Norman her heirs, assigns and 52 successors in title shall indemnify and hold harmless the City of 53 Virginia Beach, its agents and employees from and against all 54 claims, damages, losses and expenses including reasonable 55 attorney's fees in case it shall be necessary to file or defend 56 an action arising out of the location or existence of such 57 encroachment. 58 AND, PROVIDED FURTHER, that this ordinance shall not be 59 in effect until such time that Charlotte G. Norman executes an 60 agreement with the City of Virginia Beach encompassing the 61 afore -mentioned provisions. 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the 6th day of July , 19 _p 64 65 66 JAS/ih 67 02/02/87 68 05/29/87 69 CA -02149 70 (encroach/norman.ord) 2 ! o1 is (yN riles _Elf Ent o'0I4N 1 N15N -- �t,1;C r1 j 1,o1 114 U• I" 13 (/De . I^' rr.N-r 1 Pc. I" / i16 L4'1y0{f Y�r4�N)._ - •---_ FIN L,HY, aoycE etorn :rn floOfIDV (511fc s :kor3•j £Y1SY(14 bock CStiraorC/ �Io CNRNNtLS No WE LANDS M,G.Sl PPY,_ S3 Lo'T ly (,LocK 1 yJC.DIUhSIov No - i ('AYLAUE PINES O.VEI;Now Rub CHACLoTTE 6. WFor.,MA14 PLO VIDE 9a.mr •aromc: Rxorrcnow+ A✓o A uivr S.uNDLC.0 M AJC. I0JAC[1WT flQPLATT 01111012. 1 8I14- Mo/rci . $.j T IS I HALL/Adttty/ LoTeli VI EW OF Wo3LLT 51T E. Al D. '.Ner..N4N tESIDt.A/tf SCALE In 7 -So' PireR7sa A.� S✓,�DEGK IM EEncH i*. AT COUNTY or L,1 (ch' STATE g/r APT/ ICA71001 07 D. V. I✓ot MAi SMUT 1 ora OATS i-r3-(ZG 55 , Rru S-s.�6 ;xn1E4T ..b �c I S1i J G as 1 EfisEMEHT (t.B.rrf9 FS. 154) Or.cIvMY HIGH 3.0 wPCTEk LINE _ v a o,o koVIDC &PCF Ante R NOEL'S .w.L ENT f �Q, ownu lotRIS NNEELY FLAK \l I Eu....) of PRo SEc,7 S I'TE FT D.V. NORrffiK KESIDENCE l i, ` �O/ &.r&e k Nof)SED &"T LIFT Mb SuWcEck IN VA. esAWi VA. APPucFStocv gY D V. Nf PIN./ . SHEET d oF: 3 THIS AGREEMENT, made this 7 o- day of J0J L 19 F7, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and CHARLOTTE G. NORMAN HER HEIRS, ASSIGNS, AND SUCCESSORS IN TITLE, party of the second part. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a boatlift and wooden dock adjacent to their property located on 4413 Blackbeard Road in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such boatlift and wooden dock, it is necessary that the said party of the second part encroach into a portion of an existing City's property known as Lake Joyce; and said party of the second part has requested that the party of the first part 1! grant a temporary encroachment to facilitate suchboat lift and wooden dock within a portion of the City's property known as Lake Joyce. H NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to part, receipt of which ;first part doth grant temporary encroachment is hereby to the to use a the said party of the first acknowledged, the party of the party of the second part a portion of the City's property known as Lake Joyce for the purpose of constructing and j maintaining such boatlift and wooden dock. It is expressly understood and agreed that such ;temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and ,approval as to size, alignment and location and is more !particularly described as follows, to wit: An area of encroachment into a portion of the City's property known as Lake Joyce as shown on that certain plat entitled: "PLAN VIEW OF PROJECT SITE AT D. V. NORMAN RESIDENCE SCALE 1"=50' PROPOSED BOAT LIFT AND SUNDECK," copies of which are attached hereto and marked Exhibit "A" and Exhibit "B" and to which reference is made for a more particular description. It is further expressly understood and agreed that ;the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the Li second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the ji City's property known as Lake Joyce by the party of the second part; and that the party of the second part shall bear all j costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless !i the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including 2 ;reasonable attorney's fees in case it shall be necessary to ,i file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part will obtain a written statement from the City of Norfolk stating that Norfolk will not invoke its reversionary rights if this request is granted by the City of Virginia Beach. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of pl the second part to remove such temporary encroachment; and 'i pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's property encroached upon the equivalent of what would be the real property tax upon the land so 3 occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered !hereinabove by this Agreement, the City shall impose a penalty 'in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager Charlotte G. Norman 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 THOMAS H. MUEHLENBECK, City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 19 has acknowledged the same before me in my City and ;State aforesaid. GIVEN under my hand this day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 5 Notary Public My commission Expires: STATE OF CITY OF VIRGINIA BEACH, to -wit: I , LJAl h q ,`- /1/11,,Y' c/ a Notary Public in and for the City and State aforesaid, do hereby 'certify that CHARLOTTE G. NORMAN, whose name is signed to the foregoing Agreement has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this {-/4 day of , T / N i- 9 7• JAS/ih 02/02/87 ;05/29/87 CA -02149 (encroach\norman.agr) 2. Notary !}iblic My Commission ExpiresL AJ (:• ?PROVED AS TO CONTENTS MIS cOh_ SIGNATURE Mg/ iClAh DEPARTMENT APPROVED AS TO LEGAL SU. FICENCY AND FORM (1 CITY ATTORNEY v -35 - Item V -H.7 ORDINANCE ITEM # 27642 The City Manager distributed to City Council a REVISED Ordinance. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to transfer $120,000 to Project #3-963, Judicial Center, for architectural services. Councilman Moss requested the architecture be Georgian in style and compatible with the investment in the Municipal Complex. Voting: 9-2 Council Members Voting Aye: Albert W. Baiko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Mayor Robert G. Jones and Reba S. McClanan, Council Members Absent: None July 6, 1987 AN ORDINANCE TO TRANSFER FUNDS OF $120,000 TO PROJECT 3-963 JUDICIAL CENTER FOR ARCHITECTURAL SERVICES WHEREAS, after completion of a feasibility study, City Council recently approved a resolution supporting the Judicial Center concept with debt service on the project to be financed through increased court costs and user fees, and WHEREAS, because the implementation of user fees will require enabling legislation from the General Assembly, it is necessary to provide the legislature with an accurate plan of the project scope, and WHEREAS, the cost of architectural services through the schematic phase is estimated at $120,000, and WHEREAS, funds needed for architectural services of the Judicial Center project (#3-963) may be transferred from project 113-950 Juvenile Court Building since this project is on hold and proposed for inclusion in the Judicial Center project. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, the funds in the amount of $120,000 are hereby transferred from project 113-950 Juvenile Court Building to project 113-963 Judicial Center to allow for architectural services through the schematic phase. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, this 6 day of July , 1987. -36 - Item V -I. CONSENT AGENDA ITEM # 27643 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council APPROVED in ONE MOTION Items 1, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of the CONSENT AGENDA. Item V -I.2 and V -I.3 were pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Meyera E. Oberndorf ABSTAINED on Items V - I.5 and V -I.12 of the CONSENT AGENDA. Vice Mayor Oberndorf has an investment of bonds with the Virginia Housing Development Authority and is a Member of the Princess Anne Woman's Club. Council Members Absent: None July 6, 1987 -37 - Item V -I.1 CONSENT AGENDA ITEM # 27644 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to amend and reordain Section 8-198 of the Code of the City of Virginia Beach, pertaining to certificate of competency for Electricians. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 6, 1987 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 8-198 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, PERTAINING 4 TO CERTIFICATE OF COMPETENCY FOR 5 ELECTRICIANS. 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 8-198 of the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 8-198. Revocation. 14 15 Any certificate of competency as an electrician may be 16 revoked by the Electrical Division of the Board of Building Code 17 Appeals upon a finding by the Division that the holder of the 18 certificate is incompetent or guilty of a willful breach of any 19 rule, regulation, requirement, law or ordinance relating to 20 plumbing electrical work. The holder of the certificate shall be _ 21 given written notice of the charges or grounds for revocation 22 alleged against him and, at a meeting of the Division held for 23 the consideration of such revocation, shall have the right to be 24 heard. 25 26 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the b day of July , 1987. 29 30 WMM/epm 31 06/29/87 32 CA -02334 33 \ordin\proposed\08-198.pro 34 AP 11,ED 'S • Aor 4ea.� tea_ SIChTUr;:E DEPAfl APPROVED AS T,":) 3,,,,ENcyAN CITY ATTOPKr" -38 - Item III -I.2 CONSENT AGENDA ITEM # 27645 A MOTION was made by Councilman Fentress, seconded by Vice Mayor Oberndorf to DEFER until August 3, 1987, an Ordinance to amend and reordain the Code of the City of Virginia Beach, by ADDING Section 6-123 pertaining to windsurfing devices, as this Ordinance only included Lynnhaven Inlet. This Ordinance should also encompass Rudee Inlet, the Narrows and any other boat channels. This MOTION was AMENDED. Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to amend and reordain the Code of the City of Virginia Beach, by ADDING Section 6-123 pertaining to windsurfing devices. An Ordinance to AMEND said Ordinance to encompass Rudee Inlet, the Narrows and any other boat channels shall be presented to City Council on August 3, 1987. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None July 6, 1987 APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL 7iC� AND FORM CITY ATTORNEY 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, BY ADDING SECTION 6-123 4 PERTAINING TO WINDSURFING DEVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That the Code of the City of Virginia Beach is hereby 9 amended and reordained by adding Section 6-123 to read as 10 follows: 11 12 13 Section 6-123. Restriction of operation of windsurfing devices. 14 15 (a) It shall be unlawful and a class 4 misdemeanor for 16 any person to operate any windsurfer, sailboard, or similar wind 17 propelled recreational device operated in a standing position, 18 within the channel lines and approaches of the Lynnhaven Inlet. 19 For purposes of this section, channel lines and approaches 20 include the boat channel originating one thousand (1,000) yards 21 north of the Lynnhaven Bridge and extending through the Lynnhaven 22 Inlet, to, and including the Long Creek channels, as designated 23 by navigation markers authorized by appropriate state and federal 24 agencies. 25 (b) The prohibitions of this section shall not apply 26 during a race, regatta or exhibition held pursuant to section 6- 27 107 of this article. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 6 day of July , 1987. 30 31 WEB/epm 32 06/03/87 33 CA -02296 34 \ordin\proposed\06-123.pro 35 -39 - Item V -I.3. CONSENT AGENDA ITEM # 27646 Barry Rudiger, 5004 Virginia Beach Boulevard, Phone: 499-3152, President of B & L Towing and presented varous suggestions to City Council. Councilwoman McClanan distributed suggested Amendments to said Ordinance. (Copy of same is hereby made a part of the record). Councilwoman McClanan wishes a revised Ordinance to be SCHEDULED for the City Council Agenda of August 10, 1987. Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED: Voting: Council Ordinance to amend and reordain Sections 21-423, 21-425, 21-426, 21-427, 21-428 and 21-429 of the Code of the City of Virginia Beach, Virginia, pertaining to use of tow truck service to enforce parking restrictions on private property. (DEFERRED June 8, 1987 and June 22, 1987.) 10-0 Members Voting Aye: Albert W. Balko, John A. Barbara M. Henley, Mayor McClanan, John D. Moss, Oberndorf, Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Robert E. Fentress Baum, Harold Heischober, Robert G. Jones, Reba S. Vice Mayor Meyera E. and John L. Perry July 6, 1987 APPROVED AS IU LUN i civ i s SIGNATIiRE DEP ARTS LENT APPROVED AS TO L7SAL £NCY AND FORM 6•Yi,B1 CITY ATTORNEY 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 21-423, 21-425, 21-426, 3 21-427, 21-428 AND 21-429 OF THE 4 CODE OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, PERTAINING TO USE OF TOW 6 TRUCK SERVICE TO ENFORCE PARKING 7 RESTRICTIONS ON PRIVATE PROPERTY. 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That Sections 21-423, 21-426, 21-427, 21-428 and 21- 13 429 of the Code of the City of Virginia Beach, Virginia, is 14 hereby amended and reordained as follows: 15 Section 21-423. Identification of tow trucks. 16 A11 tow trucks operated by a tow truck service shall 17 display the name, address and telephone number of the owner 18 thereof on both sides of the tow truck on permanently mounted 19 signs or painted directly on the body of the truck in 20 reflectorized letters large enough to be readily legible, but in 21 no case less than two (2) inches in height. It shall be unlawful 22 to operate a tow truck displaying an incorrect name or address, 23 or a telephone number which is incorrect or not in service. 24 25 Section 21-425. Police to be notified of removal of vehicle. 26 Prior to the removal of any vehicle by a tow truck 27 service operator, the police dispatcher shall be notified of such 28 removal, specifying the location of the storage yard to which the 29 vehicle will be towed and the telephone number which the owner 30 should call to reclaim the vehicle. The police dispatcher and 31 shall be given the license number and state of issuance of the 32 license and, if known, the vehicle identification number and the 33 make, model, and model year of the vehicle to be towed. 34 35 Section 21-426. Charges for towing and storage of vehicle. 36 (a) No tow truck service or operator shall charge a 37 basic fee of more than thirty dollars ($30.00) for towing between 38 the hours of 7:00 a.m. and 7:00 p.m. or forty dollars ($40.00) 39 for towing between the hours of 7:00 p.m. and 7:00 a.m.; provided 40 that, an additional fee, for the use of a dolly, not to exceed 41 ten dollars ($10.00) may be charged, where the use thereof is 42 necessary to move the vehicle or prepare it for movement. This 43 subsection shall apply only when a vehicle is moved or towed 44 without the prior consent and agreement of the owner or custodian 45 of the vehicle. This provision shall not serve to prevent 46 charging prevailing commercial rates when heavy towing equipment 47 is employed to remove a large or uniquely positioned vehicle, 48 provided that prior to movement of such vehicle a police officer 49 shall certify the need for such heavy equipment. 50 (b) No tow truck service or operator shall assess any 51 charges for storage for the initial twenty-four (24) hours, nor 52 charge more than four dollars ($4.00) per twenty -four-hour 53 period thereafter, for-storage-charges7-not-inelading-an-inrtia3 54 period -of -twenty -fear -f24} -hours; for a vehicle removed from 55 private property without the consent of the owner or custodian of 56 the vehicle, whether such tow originates in this city or any 57 other jurisdiction. Delays caused by storage yard personnel 58 shall not be included when computing storage charges. 59 (c) No tow truck service or operator shall charge any 60 fee for mileage, in addition to the basic towing fee set forth in 61 subsection (a) above, when the vehicle is being taken without the 62 consent of the owner or custodian of the vehicle. 63 (d) A monetary receipt for each and every tow must be 64 given to those persons whose vehicles have been towed by the 65 towing service upon release of the vehicle. The information on 66 the receipt must be clearly legible and include the time, date 67 and place of the tow, the name of the tow truck operator who made 68 the tow and the name of the towing service said operator works 69 for. The receipt must also list the amount of money paid for the 70 release of the vehicle, any additional charges incurred in the 71 tow, and the reason for said additional charges. A copy of the 72 receipt must be retained by the towing service for a period of 73 one (1) year and shall be made available for inspection by city 2 109 the private lot or his representative, when carried in the tow 110 truck making the tow, shall be sufficient to meet this latter 111 requirement. Such let log shall be available for inspection by 112 city police during normal business hours of the tow truck service 113 owner, including any time that a vehicle is being impounded or 114 reclaimed. Failure to keep such a log, or omitting to make a 115 true and complete entry for each vehicle towed, or failure to 116 surrender such log to any police officer upon request shall be 117 unlawful. 118 119 Section 21-429. Miscellaneous prohibited acts by tow truck 120 service or operator. 121 Except when acting as an agent in the legal 122 repossession of a vehicle, it shall be unlawful for any tow truck 123 service or operator to: 124 (1) Tow or otherwise move a vehicle from any area or 125 portion of a public street, without either the consent 126 of the owner or custodian of the vehicle or 127 authorization from a police officer or other designated 128 official of the city. 129 (2) Block the movement of or tow or otherwise move a 130 vehicle from any private road, driveway or any other 131 privately owned land or property within the city, 132 except when requested to do so by the owner or 133 custodian of the vehicle; unless specifically requested 134 to perform such towing service by the owner or his 135 agent or licensee (other than the owner, employee or 136 agent of the wrecker and towing service) of the private 137 property on which the vehicle is parked. 138 (3) Tow or otherwise move a vehicle from any private road L39 or driveway, or from any other privately owned land or property within the city to a place out of the city, 141 without the consent of the owner or custodian of the 142 vehicle; provided that, after a period of not less than 143 twenty-four (24) hours from the time of the request for 144 removal has elapsed, any such vehicle may be moved to a 4 145 storage area outside the city, with prior notification 146 to and approval of the police department. 147 (4) Block the movement of any vehicle, other than when on 148 the property of the tow truck service, to prevent the 149 movement thereof by its owner or custodian who has 150 appeared and desires to move the vehicle. 151 (5) Drive a wrecker or tow truck along any street to 152 solicit towing or engage in cruising to patrol or 153 police private property or to wait for employment by 154 standing or parking on public property. 155 (6) Tow or otherwise move a vehicle from any place in the 156 citv utilizing a wrecker or tow truck which is not 157 insured as required by section 18-55.1 of this code. 158 (7) Provide false information to any police dispatcher 159 concerning any vehicle towed. 160 (8) Require the owner of any towed vehicle to wait for a 161 period exceeding two (2) hours for release of a 162 vehicle. Any delay over two (2) hours caused by -- 163 failure to monitor or respond to calls placed to the 164 operator's designated telephone number shall constitute 165 a violation of this section. 166 (9) Move any vehicle to any intermediate place of storage, 167 or to any location other than to the registered secure storage 168 yard of a tow truck service, unless specifically requested by the 169 owner or custodian of said vehicle. 170 Adopted by the Council of the City of Virginia Beach, 171 Virginia, on the 6 day of July 172 173 WEB/lmt/epm 174 03/31/87 175 04/03/87 176 06/23/87 177 06/25/87 178 CA -86-02211 179 (ordin\proposed\21-423etc.pro) 5 , 1987. i - 40 - Item V -I.4. CONSENT AGENDA ITEM # 27647 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to amend and reordain Section 7-5.1 of the Code of the City of Virginia Beach, pertaining to stickers required on mopeds. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 APPROV :0 /iS 'f � t 1' AN"ORDINANCE TO AMEND AND REORDAIN SECTION 7-5.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, PERTAINING TO STICKERS REQUIRED ON MOPEDS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 7-5.1 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 7-5.1. Stickers required on mopeds. Any person dealer who sells at retail and any person who offers for rent or lease any moped shall affix to any such moped, or verify that there is affixed a permanent decal or sticker which states (i) that the operation of mopeds on highways and public vehicular areas by persons under the age of sixteen is prohibited by Virginia law, (ii) the maximum horsepower of the moped and (iii) the maximum speed at which the moped may be ridden. Any person dealer who sells and any person who offers for rent or lease any such moped which does not have affixed thereto such a permanent decal or sticker or who sells a motorcycle with such a sticker or decal attached thereto indicating that its motor is rated at no more than two (2) brake horsepower producing only ordinary speeds up to a maximum of thirty (30) miles per hour shall be guilty of a Class 1 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of July WEB/epm 05/21/87 06/25/87 CA -02282 \ordin\proposed\07-005-1.pro , 1987. - 41 - Item V -I.5. CONSENT AGENDA ITEM # 27648 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing the Mayor to execute a certification to the Virginia Housing Development Authority with the City Council's approval of the proposed multi -family residential housing development called Piper Landing Apartments. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Meyera E. Oberndorf** Council Members Absent: None *Vice Mayor Oberndorf ABSTAINED as she has an investment of bonds with the Virginia Housing Development Authority. **Verbal Vote. REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CERTIFICATION TO THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY OF THE CITY COUNCIL'S APPROVAL OF THE PROPOSED MULTI -FAMILY RESIDENTIAL HOUSING DEVELOPMENT CALLED PIPER LANDING APARTMENTS WHEREAS, the Tax Reform Act of 1986 provides for a federal tax credit to promote the construction of low and moderate income housing; and WHEREAS, the Virginia Housing Development Authority has notified the city that it has received an application for a preliminary assignment of low income housing tax credit, pursuant to Section 42 of the Internal Revenue Code of 1986, from Piper Apartments Associates for 152 apartment units to be constructed on Old Virginia Beach Road in Virginia Beach; and WHEREAS, the applicant has agreed to set aside forty (40) percent of the apartment units at below market rents in accordance with the requirements of the Tax Reform Act of 1986; and WHEREAS, there is a need for affordable rental housing in the City of Virginia Beach for low and moderate income persons; and WHEREAS, the Piper Landing Apartments project is the first project in Virginia to be developed under the provisions of the Tax Reform Act of 1986; and WHEREAS, the City Council of the City of Virginia Beach wishes to approve this private sector initiative to meet the housing needs of low and moderate income persons; and WHEREAS, the project called Piper Landing Apartments has an approved site plan (which expires 9/14/87), and the appropriate zoning for the project. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the Mayor is hereby authorized to execute a Certification to the Virginia Housing Development Authority of the City Council's approval of the proposed multi -family residential housing development called Piper Landing Apartments. Said Certification is attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of July, 1987. APPROVED AS TO CONTENT: Dire Com rtment oHousing and velopment APPROVED AS TO FORM: S City Attorn CERTIFICATION .OF APPROVAL • In accordance• with Virginia Code Section 36 -55.39(B), - the City Council of Virginia Beach ,.Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi -family residential housing development called Piper Landing Apartments as expressed in its resolution duly adopted on July 6 1987 , a certified copy of which is' attached hereto. City Council of By: , Virginia (Robert G. JOnes) ok SCHEDULE D DEVELOPMENT PROCESSING/CONSTRUCTION SCHEDULE 1. For projects to be financed in connection with FHA mortgage insurance or co—insurance: A. Under which program is the project mortgage to be insured? B. Initial application filed on �+ 19 , with the Richmond/D.C. Area Office. C. Current approval status? SAMA; conditional commitment; firm commitment. D. Date that firm commitment was/is expected to be issued? , 19 2. For projects financed -under Farmers Home Administration 515 Program. A. Date of initial application 19 B. Current status: Pre—Application pending; Pre—Application approved _, 19 ; commitment issued , 19 3. For projects to be financed through other sources, please indicate the source of financing and provide the effective dates of the permanent and construction loan commitments. 4. For all projects, please provide below, to the best of your ability, the following actual or anticipated dates. A. If plan of development is under local review, what is the anticipated date of approval? Approved December, 1986 B. Anticipated date that building permit will be issued? June, 1987 Anticipated construction loan closing? June; 1987 Anticipated date on which construction will commence? June, 1987 E. Anticipated dates on which units will be placed in service (date certificate of occupancy will be issued). Bldg. No. Date to be placed No. of units in service* 1,2 24 01/01/88 3 24 02/01/88 4 24 03/01/88 5 24 04/01/88 6 24 05/01/88 7 24 06/01/88 8 8 07/01/88 *Date certificate of occupancy is issued. Chapter 12 LOW-INCOME HOUSING CREDIT George B. Delta, Esq. • Silverstein and Muliens Washington, D.C. 1. Introduction There is no low-income housing crcdit under pre -TRA law, but several othcr provisions relating to low and moderate -income housing arc available. Among these bene- fits arc 5-ycar rapid depreciation for rehabilitation expendi- tures for low-income housing, accelerated depreciation over 15 years, and an exemption from 10 -year amortization of construction period interest and taxes under § 189. The Tax Reform Act of 1986 ("TRA") repealed these tax breaks and replaced them with a credit for low-income housing.' Under the TRA, low-income housing generally is treated as residential rental property with a recovery period of 27.5 years. The cost of low-income housing is recovered using the straight line method of depreciation.' The rapid depreci- ation of rehabilitation expenditures under §167(k) also is repealed and construction period interest and taxes are subject to amortization. This chapter provides an overview of the low-income housing credit and its anticipated impact on low-income housing, specifically, whether the crcdit is likely to spur the production of additional low-income housing and to serve morc effectively both low-income individuals and owners willing to provide affordable low- income housing. II. Detailed Analysis —A. Overview Section 252 of the TRA adds §42 to the Codc, provid- ing a low-income housing credit in an amount equal to the applicable percentage (described in 1I, C, below) of the "qualified basis" of each "qualified low-income building."' A qualified low-income building is one which at all times during the compliance period (a period of 15 years begin- ning on the first day of the first taxable year in which the credit is claimed) is part of a "qualified low-income housing project" to which § 168, as amended by §201 of the TRA, applies.' A residential rental project is a qualified low- income housing project only if it meets: (i) tither the 20-50 test, i.e., at least 20% of the aggregate residential units in all existing buildings of the project arc occupied by individ- ' Tax Reform Act of 1986, P.L. 99.841, §252, adding §42 to the Internal Revenue Code of 1986 (hereinafter cited by section only). '§§168(b)(3) and (c) as amended by the TRA. '142(a): Conf. Rcp. No. 841, 99th Cong., 2d Sess. 85-103 (1986) (hereinafter cited ai the "Conf. Rep."). §§42(c)(2) and (i)(1). 986 uais with incomes of 50% or Tess of the arca median, as adjusted for family size, or the 40-60 test, i.e., at least 40% of the aggregate residential units in all existing buildings of the projcct arc occupied by individuals with incomes of 60% or Icss of the area median, as adjusted for family size, whichever thc taxpayer elects (once the election is made, it is irrevocable), (ii) the residential units described in (i) above arc rent -restricted, i.e., the gross rent paid (excluding rental assistance payments, but including all utilities except telephone) by families in units that arc included in qualify- ing basis does not exceed 30% of the applicable qualifying income for a family its size, and (iii) the requirements of Code §142(d)(2)(13), (3), (4), (5), (6), and (7) are met in determining whether a project is a low-income housing project and a unit is a Iovv-income unit (the unit is rent - restricted and the occupants meet either the 20-50 test or the 40-60 test).' The Conference Report,refers to thc 20-50 test and the 40-60 test as the "minimum set-aside."' The taxpayer must meet the minimum set-aside requirement within 12 months of the date a building (or rehabilitated property) is placed in service and at all times during the 15 year compliance period.' Comment: The minimum set-aside requirement targets individuals having a smaller arca median income than that allowed by pre -TRA law, under which a low-income unit was one that was held for occupancy by families having an income that did not exceed 80% of the arca mcdian income for that area, adjusted for family size. B. Meeting the Minimum Set -Aside Requirement All units comprising the minimum set-aside in a project must be suitable for occupancy, used on a nontransient basis, and arc subject to the 30% gross rent limitation of §42(g) mentioned in paragraph 11, A, above.' The owner of the project must elect to meet either the 20-50 or the 40-60 tcst when he places the projcct in service and must meet that test within 12 months of the date he places the building (or the rehabilitated property) in service. In meet- ing either test, students occupying units do not count as low-income tenants unless at least one of them is entitled to file a joint income tax return.' When two or morc buildings ' §§42(8)(1), (2), and (4): §42(i)(4). §I42, added to the Codc by Act 11301, is the successor 10 S103. • Conf. Rep.. (supra. footnote 3) at 93. §§42(c)(2). (g)(3). and (i)(I). ' §42(i)(3)(A) and (8). 'Conf. Rep. at 94. OTax Management Inc., a subsidiary of The Bureau of National Affairs, Inc. , I2:I lapter 12 placed in service on different dates as part of the same tjcct. the minimum set-aside test is applied on a building - building basis. Thus, when a later building is placed in vice. the owner of the project will not be meet either the 50 or the 40-60 test, whichever he has elected, with pest to the later building unless the project meets the :ted test without regard to the later building on the date owner places such later building in service, and the ject meets the elected test on the later building within months of the date the owner places it in service.'" Thc determination of whether a tenant qualifies for p s of the minimum set-aside, whether such tenant tI :s to qualify for purposes of the set-aside, and other determinations of compliance are made by refer- .` ru §142(d)." The income of an individual and thc lian gross arca income shall be determined in a manner sistcnt with the principles stated in §8 of the United ccs (lousing Act of 1937 (the "'lousing Act")." Thus, a project which qualifies under the 20-50 test, a family Jur meets this standard if it has income of no more than of thc arca median income; a family of three meets test if it has no more than 45% of the area median tme: a family of two meets this test if it has no more 40% of the arca median income; and, a single individ- meets this test if he has no more than 35% of the area lian income. Thc incomc limits may be adjusted by the rotary of thc Treasury if determinations under §8 of the 'sing Act do not accurately reflect that housing costs unusually high in a given arca relative to family income f in a given arca family income levels are unusually " Vacant units, formerly occupied by low-income indi- als, may continue to be treated as occupied by low -in - c individuals for purposes of the minimum set-aside tircment and qualified basis as long as reasonable at - pts arc made to rent thc unit and no other unit of parable or smaller size is rented to a non -qualifying vidual." The determination of whether a tenant's income ex - s thc applicable income liinit shall be made at least on the basis of the individual's current income. A 1 low-income tenant will continue to be such, not- _tding minimal increases in his income. Thus, an :idual that qualifies as a low-incornc tenant initially I continue to qualify as long as his income docs not :ase to a icvel more than 40% above the maximum trying income, adjusted for fancily size. In addition, the of the maximum qualifying income is adjusted annual - If the tenant's income rises to a level in excess of 40% c the applicable income ceiling (or if the size of the nt's family decreases so that a lower maxirnum family tic applies to the tenant), however, that tenant no :;r counts in determining whether the project satisfies ;et -aside requirement." If a project elects to satisfy a to set-aside requirement and significantly restricts the on the low-income units relative to the other residen- 12(g113)(R). '2(g)14): (',nnf. Rcp. at 93-94. 142141(21111). nnf. 11ep. at 94. nnf. Rcp. at 94. 1421,1/1 .11: Conf. Rcp. at 93. . tial units in the building (referred to as "deep rent skew- ing"), a special rule applies. Under this special rulc, a low-income tenant will qualify as such as long as his income docs not rise to a level in excess of 70% above the applicable income ceiling (or if the size of the tenant's family dc - creases so that a lower maximum fancily income applies to the tenant), and if the project ceases to comply with the set-aside requirement because of increases in existing ten- ants' income, no penalties are imposed if each available low-income unit is rented to tenants having incomes of 40% or less of the area mcdian income, until the project is again in compliance." A deep rent skewed project is one where at (east 15% of all low-income units are occupied by tenants having incomes of 40% or less of the arca median income, the average rent charged to tenants in rentaunits that are not low-income units is at least 3 times the average rent charged to tenants of low-income units of comparable size, and gross rcnt docs not exceed 30% of the income limit applicable to the low-income individuals that occupy the unit." Observation: Due to the high cost of housing in New York City, §142(d)(6) contains a special rulc that relaxes . the definition of a qualified low-income housing project for projects in that city. Under this special rule, a project in New York City is a qualified low-income housing project if it meets a 25-60 test, that is, if at least 25% (as opposed to 40% under the general rule) of the aggregate residential units in the project arc occupied by tenants with incomes 60% or less of the arca median income. C. Credit Amount The low-income housing credit is claimed annually for a period of 10 years. Section 42(b)(2)(B) sets the credit rate so that the annualized credit amounts have a present value of: (1) 70% of the qualified basis of new buildings (defined under §42(i)(4) as buildings whose original use begins with the taxpayer) that are not federally subsidized, and (2) 30% of the qualified basis of new buildings that are federally subsidized and of existing buildings. Under §42(b)(2)(C), the discount rate for determining the present value in the computation of the 70% and 30% annualized credit amounts is equal to 72% of the applicable federal rate (AFR) for mid-term and Tong -term obligations. This discount rate is determined as of the month the taxpayer places the project in service and is compounded annually. The present value is determined on the last day of the first tax year of the 10 year credit period. For buildings placed in service in 1987, the applicable percentage is 9% for new -buildings that are not federally subsidized, and 4% for new buildings that are federally subsidized and for existing buildings." The 10 year credit period begins the taxable year during which the project is placed in service, or, at the taxpayer's election, the succeeding taxable year.'" The elec- tion is irrevocable. " §142(d)(4)(A); Conf. Rep. at 93-94. " § 142(d)(4)(R); Conf. Rep. at 93. §§42(b)(1) and (2). The applicable percentage shall be determined by the Secretary of Treasury to conform to the 70% and 30% present value statutory guidelines for buildings placed in service after 1987 and shall be adjusted monthly. See Conf. Rcp. at 88-89 for an elaboration of the computation of the credit percentage. §42(f)(1). ©Tax Management Inc., a subsidiary of The Bureau of National Affairs, Inc. 986 .4 111 NAME OF APPLICANT: ADDRESS: PHONE: NAME OF DEVELOPMENT: ADDRESS/LOCATION: VIRGINIA HOUSING DE a 1 is AUTHORITY MULTI -FAMILY IOW 'INCOME HOUSING TAX CREDIT APPLICATION Piper Apartment Associates 117 Landmark, Square Virginia Beach, VA. 23452 (804) 463-8618 Pipers Landing Apartments Old Virginia Reach Road Virginia Beach, VA. NAME AND ADDRESS OF DEVELOPMENT OWNERSHIP ENTITY (IF OTHER THAN APPLICANT): IDENTITY OF PRINCIPALS, GENERAL PARTNERS, CORPORATE OFFICERS: Bernie J. Grablowsky,Ph.D., L. Berton John W. Ainslie, Sr., Jeff W. Ainslie. Reavis. The undersigned hereby makes application to the Virginia Housing Development Authority for a preliminary assignment of low inane housing tax credit in the amount of _$ 4,150,000.00 , pursuant to Section 42 of the Internal Revenue Code of 1986 and Executive Order The applicant represents that if an assignment of low income housing tax credit is made as a result of this application, it will/has d or anize g ( ) a qualified entity, under the relevant statutes, to undertake the construction/acquisition and operation of develop- ment for which the assignment is made. The applicant represents that the development ownership entity is/is not a non-profit entity as defined by Section 501(c)(s) of the Internal Revenue Code. The applicant agrees, as a condition of said assignment to comply with all applicable federal and state laws and regulations. Counsel for applicant has 'reviewed the proposed development and has advised applicant that, based on current facts, circumstances and expectations (a) the proposed development will comply with .all applicable requirements under Section 42 of the Internal Revenue Code of 1986, as amended, and (b) applicant will be entitled to use of the low income housing tax credits iri the amount requested. The applicant hereby certifies that the information set forth in this application and the accompanying schedules and in any attachments in support thereof is true, correct, and complete to the best of his knowledge and belief.' In witness whereof the Applicant has caused this application to be executed in its tame on this 5th day of May , 19 8 7 . Piper Apartment Associates By: Applicant General Partner (Title) -42 - Item V -I.6. CONSENT AGENDA ITEM 27649 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to authorize acquisition of any and all property interests necessary for the Eastern Branch Lynnhaven River Dredging Project, acquisition of oyster lease releases, either by agreement or by condemnation. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO AUTHORIZE ACQUISITION OF ANY AND ALL PROPERTY INTERESTS NECESSARY FOR THE EASTERN BRANCH LYNNHAVEN RIVER DREDGING PROJECT - ACQUISITION OF OYS ER LEASE RELEASES EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the dredging of the Eastern Branch of the Lynnhaven River to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 14.1-898, 15.1-899, Section 25-46.1, et seq., and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, any and all property interests necessary for the dredging of the Eastern Branch of the Lynnhaven River as shown on the plans entitled, "Eastern Branch of Lynnhaven River Plans For Dredging," these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia, N ach, Virginia t.,! ' r ,c on the 6th day of July �/ i/ 1987. JAR:kg 6/22/87 DEPARTtd, APPROVED SU GHCIE-N� ,c'Y ,`r \:f.) -43 - Item V -I.7. CONSENT AGENDA ITEM # 27650 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Voting: Ordinance upon SECOND READING to appropriate $222,513 and to transfer $42,891 for the acquisition of an automated circulation system for the Library Department. 11-0 Council Members Albert Harold Jones, Meyera Perry Voting Aye: W. Balko, John A. Baum, Robert E. Fentress, Heischober, Barbara M. Henley, Mayor Robert G. Reba S. McClanan, John D. Moss, Vice Mayor E. Oberndorf, Nancy K. Parker and John L. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $222,513 AND TO TRANSFER $42,891 FOR THE ACQUISITION OF AN AUTOMATED CIRCULATION SYSTEM FOR THE LIBRARY DEPARTMENT WHEREAS, the FY 86 - 87 operating budget included an appropriation of $500,000 for the lease purchase acquisition of an automated circulation system for the Library Department, and WHEREAS, competitive sealed proposals for the automated circulation system were received and evaluated resulting in the selection of VTLS, Inc., as the lowest responsive and responsible bidder with an offered total cost to the city of $901,470, and WHEREAS, negotiations between the city and VTLS, Inc., has resulted in a final agreed upon total system cost of $765,404, and WHEREAS, in order to proceed with the acquisition of the system, an additional amount of $265,404 is required, and WHEREAS, the Library Department has funds totaling $42,891 appropriated in the FY 87 - 88 operating budget for maintenance contracts on equipment which will be superceded with the acquisition of the new system and is available for transfer, with the remaining amount of $222,513 being appropriated as an increase in the lease purchase amount. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $42,891 be transferred from the FY 87 - 88 operating budget of the Library Department, and an additional $222,513 be appropriated for the acquisition of the automated circulation system, with a corresponding increase of $222,513 in estimated revenues from the proceeds of the lease purchase agreement, AND, BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into the contract between the city and VTLS, Inc., for the lease purchase acquisition. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, this 6 day of July , 1987. Date of first reading: Date of second reading: SWJ/LIBCIRC.ORD June 22, 1987 July 6, 1987 -44 - Item V -I.8. CONSENT AGENDA ITEM # 27651 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Voting: Ordinance to transfer $23,618 from the Department of Parks and Recreation to the contributions account for a grant to the Shakespeare By -The -Sea Festival Board. 11-0 Council Members Voting Aye: Albert Harold Jones, Meyera Perry W. Balko, John A. Baum, Robert E. Fentress, Heischober, Barbara M. Henley, Mayor Robert G. Reba S. McClanan, John D. Moss, Vice Mayor E. Oberndorf, Nancy K. Parker and John L. Council Members Voting Nay: None Council Members Absent: None T..1-, G 1 non AN ORDINANCE TO TRANSFER $ 23,618 FROM THE DEPARTMENT OF PARRS AND RECREATION TO THE CONTRIBUTIONS ACCOUNT FOR A GRANT TO THE SHAKESPEARE BY -THE -SEA FESTIVAL BOARD WHEREAS, in the Spring of 1987 a private non-profit corporation was formed by the Shakespeare By -The -Sea Festival Board in order to receive grants and private donations, and WHEREAS, the Festival Board has expanded the scope of the festival beyond the funding allocated by the City, and WHEREAS, the Festival Board has applied to the City for a grant in lieu of direct City participation, and WHEREAS, the funding currently budgeted within the Department of Parks and Recreation is to cover both administrative and operating costs for ten performances, and WHEREAS, the grant application from the Festival Board requests both financial support in the amount of $ 23,618 and administrative support, and WHEREAS, the Festival Board has agreed to reimburse the City in the amount of $12,500 to offset the administrative costs incurred. NOW, THEREFORE, BE IT ORDAINED THAT THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA that funding in the amount of $23,618 be transferred from the Department of Parks and Recreation to the Contribution Account and that a Grant in that amount be awarded to the Shakespeare By -The -Sea Festival Board in lieu of direct operating support. BE IT FURTHER ORDAINED, that revenue in the amount of $12,500 be received from the Shakespeare By -The -Sea Festival Board to offset administrative costs incurred by the Department of Parks and Recreation. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of July , 1987. CSR/5 FESTORD -45 - Item V -I.9. CONSENT AGENDA ITEM # 27652 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to transfer $669.75 from the General Fund's Reserve For Contingencies to the Police Chief's Division for reimbursement of legal expenses incurred by a City Employee in the performance of his duties. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AP 2 3 4 5 6 7 8 ____ 9 AN ORDINANCE TO TRANSFER FUNDS OF 1 $669.75 FROM THE GENERAL FUND'S r61 RESERVE FOR CONTINGENCIES TO THE POLICE CHIEF'S DIVISION FOR REIMBURSEMENT OF LEGAL EXPENSES INCURRED BY A CITY EMPLOYEE IN THE PERFORMANCE OF HIS DUTIES ATTORNEY WHEREAS, a Virginia Beach police officer was charged with 10 misdemeanor trespass charges while performing his duties; and 11 WHEREAS, the Norfolk General District Court dismissed the 12 case; and 13 WHEREAS, the officer is seeking reimbursement from the City 14 for his legal fees in accordance with § 15.1-131.6, Va. Code 15 Ann.; and 16 WHEREAS, City Council considers this request reasonable and 17 proper, 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That funds of $669.75 be transferred from the General Fund's _21 Reserve for Contingencies to the Police Chief's Division for 22 legal fees involving the above incident. 23 This Ordinance shall become effective upon the date of its 24 adoption. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on this 6 day of July , 1987. 27 WEB/dga 28 legfees.ord 29 6/24/87 30 -46- Item V -I.10 CONSENT AGENDA ITEM # 27653 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Blueberry Road to Gordon Zipperer, his heirs, assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE —6 RIGHT-OF-WAY OF BLUEBERRY 7 ROAD TO GORDON ZIPPERER, 8 HIS HEIRS, ASSIGNS AND 9 SUCCESSORS IN TITLE 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That pursuant to the authority and to the extent 14 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 15 amended, Gordon Zipperer, his heirs, assigns and successors in 16 title are authorized to construct and maintain a temporary 17 encroachment into the right-of-way of Blueberry Road. 18 That the temporary encroachment herein authorized is 19 for the purpose of constructing and maintaining a replacement of :0 a deteriorated bulkhead and that said encroachment shall be 21 constructed and maintained in accordance with the City of 22 Virginia Beach Public Works Department's specifications as to 23 size, alignment and location, and further that such temporary 24 encroachment is more particularly described as follows: 25 26 An area of encroachment into a 27 portion of the City's right-of-way 28 known as Blueberry Road on the 29 certain plat entitled: "PROPOSED 30 BULKHEAD IN LONG CREEK LOT 45 BROAD 31 BAY COLONY CITY OF VA. BEACH STATE 32 VA. APPLICATION BY: GORDON 33 ZIPPERER," a copy of which is on 34 file in the Department of Public 35 Works and to which reference is 36 made for a more particular 37 description. 38 39 PROVIDED, HOWEVER, that the temporary encroachment 10 herein authorized shall terminate upon notice by the City of 41 Virginia Beach to Gordon Zipperer, his heirs, assigns and 42 successors in title and that within thirty (30) days after such 43 notice is given, said encroachment shall be removed from the 44 City's right-of-way of Blueberry Road and that Gordon Zipperer, 45 his heirs, assigns and successors in title shall bear all costs 46 and expenses of such removal. 47 AND, PROVIDED FURTHER, that it is expressly understood 48 and agreed that Gordon Zipperer, his heirs, assigns and 49 successors in title shall indemnify and hold harmless the City of 50 Virginia Beach, its agents and employees from and against all 51 claims, damages, losses and expenses including reasonable 2 attorney's fees in case it shall be necessary to file or defend 53 an action arising out of the location or existence of such 54 encroachment. 55 AND, PROVIDED FURTHER, that this ordinance shall not be 56 in effect until such time that Gordon Zipperer executes an 57 agreement with the City of Virginia Beach encompassing the 58 afore -mentioned provisions. 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the 6 day of July , 1987 61 62 63 JAS/ih �4 06/03/87 '5 CA -87-02291 i6 (encroach\Zipperer.ord) 2 Kie,i,,rY MAP .Zo /G 4.0e 4e.e.eY Rd. CHESAPEAKE BAY —t= 'Vt.; •••• \\$ O ,: -. mor `Q•' SA? ��4 \��ffOFy\ �0 e ti) CUSIOM��, � �aAeRA��CIR l �; DNEAT NEc \',90 o1lCIR J� s JAv)) H %f -- _ —r — __v -Btetiv_ i'of� 0. 4. ri\Qo, Cq q sl' 4 SIDo 4ty � q1 ca r_ l ERAxr IAAE d on 9\ 4.�)O,, Iz RDSE ctA;r Y;'n... 11 li .z PROPOSED_ BULKHEAD IS TO BE WI THIN 2'OF FLOOD f•It( - EXISTING BULKHEA TOP OF PROP. EBB REPLACEMENT • orifi MhW, MLW`/BULKHEAD L i' �� EL. 4.40 EX. MOORING ,'/ it, PILES / 1 - El , `D ' 1►5 I INSTALL RIP- RAPdITOE\ 1 OF REPLACEMENT BULKHEAD -1' ►• 5' . 19.1c B) W \PIPE] 19' to PIPE n EX. WOOD BULKHEAD /� TIE TO BULK •5 10.E B6 MATCH CONTOUR OF 4.8 5• 6 . CC W O N v D w Q O o tr coO } O 6B Et 1A W W W -J 0] SCALE 1 20' 0 10 .20 Sa O 0 co TIE TO EX. BULKHEAD PIN (5) NOTE: 160' TO OPPOS- ITE SIDE OF LONG CREEK 0 V t7 55 65 PROPOSE : CONSTUCT REPLACEMENT BULKHEAD DATUM M.L.W. -0.00 ADJACENT PROPERTY OWNERS 46 RICHARD B.8 PAT RICIAT. MORRIS �1 CITY OF VIRGINIA BEACH PLAN VIEW GORDON ZIPPERER 2 016 BLUE BERRY RD. VIRGINIA BEACH,. VA. 23454 PROPOSED BULKHEAD IN LONG CREEK LOT 45 BROAD BAY COLONY CITY OF VA. BEACH STATE VA. APPLICATION BY: GORDON ZIPPERER SHEET I of 2 PE./ 3 ' _.3;'57 -- I e THIS AGREEMENT, made this / 7day of 19 .-r:, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and GORDON ZIPPERER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W ITNESSET H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a replacement of a deteriorated bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Blueberry Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead within a portion of the City's right-of-way known as Blueberry Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right- of -way known as Blueberry Road for the purpose of constructing and maintaining such bulkhead. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more „ particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Blueberry Road as shown on that certain plat entitled: "PROPOSED BULKHEAD IN LONG CREEK LOT 45 BROAD BAY COLONY CITY OF VA. BEACH, STATE VA. APPLICATION BY: GORDON ZIPPERER," a copy of which is attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Blueberry Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that Ithe party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and !i collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and , pending such removal, the party of the first part may charge Ithe party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager By r- Gordgrf iipperer 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 THOMAS H. MUEHLENBECK, City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing j Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. 19 GIVEN under my hand this day of 4 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF name is signed to the foregoing Agreement ;VIRGINIA BEACH, whose H 'bearing date on the day of , 19 , has 11 !!acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of I!My commission Expires: 1 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Notary Public , a Notary Public in and for the City and State aforesaid, do hereby certify that Gordon Zipperer, whose name is signed to the foregoing writing, bearing date the 1/ day of J , 19 V,7 , has acknowledged the same before me in my City and State aforesaid. 5 Given under my hand this /6/( day of , 19s' 7. .-Notary Public My Commission Expires: T7//- 6-`1 JAS/epm 06/03/87 CA -2291 (encroach\Zipperer.agr) 6 PRROVED TS ( ) AIGNATURE DEPARTMENT CONTENT MOM s TO LEGAL SUFFICIENCY scA FLOOD EBB PROPOSED�BULKHEAD IS TO,BE WI THIN 2'OF G4F.I'l‘ TOP OF PROP. EXISTING BULKHHEAl .�'- G REPLACEMENT • OV1MhW; MLW BULKHEAD %., r / � '\ EL. 4.40 EX. MOORING ' / 0 PILES / o 1 1.1 < 1� 115 O z j \ INSTALL RIP- RAP & TOE OF REPLACEMEN,1 BULKHEAD 5'.. 19.10 el PIPE j 1 1O TIE TO EX. BULKHEAD PIN (5 ) NOTE: 160' TO OPPOS- ITE SIDE OF LONG CREEK EX. WOOD BULKHEAD 19' to PIPE I A• MATCH CONTOUR OF 4.8 TIE TO EX. CI a BULK HEAO., Z 10:-- m n O all W J CO hb 1A hh CONC. PA T TO 0 0 z� PROPOSE : CONS TUC T REPLACEMENT BULKHEAD DATUM M.L.W. —0.00 ADJACENT PROPERTY OWNERS 46 RICHARD B.8 PAT RICIA T. MORRIS CCITY OF VIRGINIA BEACH I !UNDEVELOPED) SCALE 1 20,E /0 0 10 20 PLAN VIEW- GORDON ZIPPERER 2016 BLUE BERRY RD. VIRGINIA BEACH, , VA. 23454 6.5 PROPOSED BULKHEAD IN LONG CREEK LOT 45 BROAD BAY COLONY CITY OF VA. BEACH STATE VA. APPLICATION BY: GORDON ZIPPERER 1�cT 2 i f Vii P:'/ 3 23,'3 -47 - Item V -I.11 CONSENT AGENDA ITEM # 27654 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Beach and Coastal Cab Company, Inc. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None T„l,r L, 10Q'7 -48 - Item V -I.12 CONSENT AGENDA ITEM # 27655 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: RAFFLE PERMIT Princess Anne Woman's Club Voting: 10-0 Council Members Voting Aye: Albert W. Baiko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Meyera E. Oberndorf** Council Members Absent: None =Vice Mayor Oberndorf ABSTAINED as she is a Member of the Princess Anne Woman's Club. **Verbal Vote. II' -49- Item V -I.13 CONSENT AGENDA ITEM # 27656 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $2,317.46 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 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 Year Paid Base Penalty Int. Total Marshall Hotel Corp. P/A The Marshalls 56th St & Oceanfront 7a. Beach, VA 23451 1986 Audit 486.05 486.05 ,rancis X. Morrison, Jr. [/A F X Morrison & Assoc. 3409 Victoria Drive /a. Beach, Va 23452 1986 Letter 60.00 60.00 :harles Zarletti & Marie Ruffalo '/A Beer Meister Of Va '.464 Pleasure House Rd. �a. Beach, VA 23455 1986 Audit 574.33 574.33 Certified as to Payment: obert P. Vaughan Commissioner of the Revenue Approved as to form: 167 J ' Da : Bimson ity Attorney -his ordinance shall be effective from date of tdoption. -he above abatement(s) totaling $1, 12 0. 38 were approved by the Council ,f the City of Virginia Beach on the 6 day of July 19 87 uth Hodges Smith ity Clerk 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 Year Date Paid Base Penalty Int. Total Brunet Jean Gilles, MD T/A Long Island Custom Builders 5348 Reasor Court Va. Beach, VA 23464 1985-86 Audit The Grape & Grain Company 3189 Channel Points Lane Va. Beach, VA 23454 1986 Carroll W. Johnson T/A Residential Design 816 Sycamore Lane Chesapeake, VA 23320 1986 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $429.09 of the City of Virginia Beach on the 6 day of Ruth Hodges Smith City Clerk Audit Audit 82.00 82.00 246.14 246.14 100.95 100.95 Certified as to Payment: Ro ert P. Vaughan Commissioner of the Revenue Approved as to form: e tiimson CiAttorney were approved by the Council July ,19 87 FORM NO. CA 8 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 Year Paid Base Penalty Int. Total Barclay & Hobbs Inc. 2520 Waco Street Richmond, VA 23339 1985-86 Audit 214.67 214.67 Paul L. Douglas T/A Southport Electric 3100 Rebecca Drive Chesapeake, VA 23322 1986 Letter 253.32 253.32 Helen & H A Ewert T/A H & H Mobile Canteen 5108 Bellows Lane Va. Beach, VA 23455 1986 Letter 300.00 300.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 7 67 . 9 9 were approved by the Council of the City of Virginia Beach on the 6 day of 'tiny , 19 87 Certified as to Payment: Mbert P. Vaughan Commissioner of the Re -nue Appr•v-d a to form: ale Bimson ty Attorney Ruth Hodges Smith City Clerk -50 - Item 50 - Item V -J.1 APPOINTMENTS ITEM # 27657 Upon motion by Councilman Baum, seconded by Councilman Perry, City Council ACCEPTED: Postion letter on Ocean Lakes from Vice Mayor Meyera E. Oberndorf and Councilman Robert E. Fentress dated July 6, 1987. No APPOINTMENTS will be made to the OCEAN LAKES FACT FINDING COMMMITTEE. Copy of the aforementioned Position letter is hereby made a pat of the proceedings. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None OFFICE OF THE CITY MANAGER (804) 427-4242 City of Viririia Beach July 6, 1987 The Honorable Mayor Members of the Council Dear Council Members: MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23458-9002 It is apparent that this body has not been able to reach a consensus over the appointment and structure of a fact-finding committee concerning the Ocean Lakes school site situation. Since the optimum time has long passed for this appointment, you requested Councilmembers Fentress and Oberndorf to submit the following analysis of the Ocean Lakes school site acquisition which was, undeniably, frought with many problems. Thus, we present the following: Problem Identification In connection with a Planned Unit Development rezoning of the Malbon Farm in 1984, certain representations were made to City Council regarding the location and suitability of two school sites which did not come to pass. Factors that Influenced Problem 1. City Council was advised that the sites were satisfactory. 2. Involvement of two governing boards and staffs operating independently of one another. 3. Developer/School Board staff understandings. Areas for Improvement 1. Develop short, intermediate and long-term school site needs. 2. Continue School Site Selection Committee as an advisory body to transmit information to the City Council and School Board for discussions and votes by those bodies. 3. Utilize City staff expertise in: a. Real Estate b. Soil Evaluation c. Utility location and proposed projects d. Road location and proposed CIP projects e. Pending Planning applications The Honorable Mayor Members of Council July 6, 1987 Page Two Recommendations Direct the City Manager to work with the School Superintendent to establish standards to address the "areas for improvement" and to establish a uniform policy for titling of School Board property. Finally, it is our desire that with the adoption of the above recommendations, the problem will not be repeated and there will be no more costly mistakes. It is now a time for correcting the situation and a healing to occur. Sincerely yours, 01/f11444/1hP Meyera . Oberpdorf e Mayor Robert E. Fen'ress Councilmember Virginia Beach Borough MEO/REF/eh - 51 - Item V -L.1. NEW BUSINESS SHARK FISHING AT SANDBRIDGE ITEM # 27658 The following spoke in SUPPORT of an Ordinance prohibiting Chumming by Shark Fisherman: Attorney Moody E. Stallings, Suite 107, Magnolia Square Building, 1213 Laskin Road, Phone: 422-4700, represented the Sandbridge Civic League Thomas Shell, Phone: 721-6210, represented Ocean Rentals OPPOSITION: Daniel R. Ellison, 1604 Mitchell Court, Phone: 467-0029 Ron Ault, 128 Goldcrest Drive, Chesapeake, Phone: 420-2733 R. V. Wiseman, Jr., 1215 Secretariat Run, Phone: 428-8078 Jessica Ellison, 1604 Mitchell Court, Phone: 467-0029 BY CONSENSUS, An Ordinance shall be SCHEDULED fo the City Council Meeting of July 13, 1987, addressing the issues of CHUMMING and restricting the hours of SHARK FISHING. In the interim, a Meeting could be arranged between the Citizens of Sandbridge, the Shark Fisherman, Attoney Stallings, Thomas Shell, the Police Deparment and the City Attorney's Office to discuss the concerns. This issue could be further SCHEDULED for the evening City Council Meeting of August 24, 1987 to address said concerns. Councilman Balko requested Mr. Jack Musick of VIMS be contacted as well. -52 - Item V -L.2 NEW BUSINESS ITM # 27659 BY CONSENSUS, City Council ACCEPTED the INTERIM FINANCIAL STATEMENTS for the period July 1, 1986 through April 30, 1987. -53 - Item V -L.3. RESOLUTION ADD-ON ITEM # 27660 Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council DULY APPROVED, subject to further revision in a meeting by Councilman Heischober, Councilwoman McClanan, the City Manager's Office and the City Attorney: Resolution regarding Commonwealth of Virginia's interest to require purchase of portion of Camp Pendleton Property. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Requested by: Councilwoman McClanan RESOLUTION WHEREAS, the Commonwealth of Virginia owns several parcels of property situate in the City of Virginia Beach, altogether, known as Camp Pendleton; and WHEREAS, starting in 1963, when Camp Pendleton consisted of 935 acres, there has been a series of conveyances and leases to the City of Virginia Beach; and WHEREAS, the Commonwealth of Virginia has notified the City of Virginia Beach, through its City Manager, that the Commonwealth has decided to declare all properties outside the central installation as surplus property to be disposed of under the Commonwealth's surplus property statutes; and WHEREAS, five of the tracts so declared surplus the Commonwealth proposes to offer to the City of Virginia Beach at the fair market value, namely: Tract No. 2 Currently Red Wing Lake Golf Course. Subject to a lease to the City of Virginia Beach for $10, per year until May 6, 1993. 288+ acres. Tract No. 11 130+ acres. Forested. Tract No. 4 (South of Birdneck Road) 70.335 acres used for schools and the City fire department and (North of Birdneck Road) 59.221 acres used for tennis courts and a park. These properties combined total 129.556 acres and are leased to the City of Virginia Beach for $1,000.00 per year until April 9, 2015. Tract No. 5 An easement to the City of Virginia Bpach currently used by the City to provide public access to its park and to the Wild Water Rapids amusement center. Unencumbered Tract Approximately 17 acres west of General Booth Boulevard and south of Tract No. 4. The Virginia Department of Motor Vehicles may wish to use all or part of it. The remainder, if any, will be sold. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: II' That the City Council of Virginia Beach, Virginia is extremely concerned with the decision of the Commonwealth as reflected in the letter dated June 16, 1987 from the Honorable Vivian E. Watts to City Manager Thomas H. Muehlenbeck, for the reasons that follow: 1. That the City of Virginia Beach is advertised by the Commonwealth as the World's Largest Resort City; and 2. That as a result millions of tourist visit the City of Virginia Beach every year who should be assured of adequate recreation; and 3. That all of the subject properties are utilized for recreation, public education or public safety for the general public. BE IT FURTHER RESOLVED: That the City Council respectfully requests the Honorable Gerald L. Baliles, Governor of Virginia, to meet with the members of the General Assembly representing Virginia Beach, the Mayor and Vice -Mayor in order to re-examine and reconsider the subject of land at Camp Pendelton. BE IT FURTHER RESOLVED: That the City Clerk is directed to forward a copy of this Resolution to the Honorable Gerald F. Baliles, Governor of Virginia, and to each member of the delegation to the General Assembly of Virginia from the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of July WCB/rab 7/6/87 7/7/87 2 , 1987. Item V -L.4 NEW BUSINESS ADD-ON -54- ITEM 54 - ITEM # 27661 Councilman Baum requested a policy relative NATIONAL CONFERENCE ATTENDANCE such as the NATIONAL LEAGUE OF CITIES. Councliman Baum was wondering as to the extent of the public benefit derived from said attendance. ITEM # 27662 Councilman Baum requested the City Staff prepare BRIEFINGS relative the "DOWNZONING" litigation. Item V -L.5 NEW BUSINESS ADD-ON -55- ITEM # 27663 Anne Marino, 5400 Virginia Tech Court, Phone: 473-1069, spoke in OPPOSITION to the proposed access road at Virginia Tech Court. Upon motion by Councilman Perry, seconded by Councilwoman McClanan, City Council SCHEDULED RECONSIDERATION for the City Council Meeting of August 10, 1987, of Ordinance upon application of TURNER & ASSOCIATES for a Conditonal Use Permit: ORDINANCE UPON APPLICATION OF TURNER AND ASSOCIATES FOR A CONDITONAL USE PERMIT FOR A DAY CARE CENTER R06871048 Ordinance upon application for Turner and Associates for a Conditional Use Permit located on the southeast corner of Diamond Springs Road and Virginia Tech Court, designated as Lot 13, Section 6, Wesleyan Pines. Said parcel contains 1.247 acres. BAYSIDE BOROUGH. (This Ordinance was ADOPTED on June 8, 1987) The City Staff will also advise concerning the APPROVED site plan. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Item III -M.1 ADJOURNMENT -56- ITEM 56 - ITEM # 27664 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the Meeting at 7:47 P.M. Beverl0. Hooks Chief Deputy City Clerk th Hodg=s Smith, CMC City Clerk City of Virginia Beach Virginia