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SEPTEMBER 22, 1986 "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, A, L,,g, VICE MAYOR MEYERA E OBEPNDORF. A, L,,g, ALBERT W. BALKO, Ly.@h@-. @.,h JOHN A. BAUM, B-.gh ROBERT E. FENTP.ESS, Vi,i@i. B@@h B-.,h HAROLD HEISCHOBER. A, @,g, BARBAP,A M. HENLEY, P... @ B-.gh RE13A S. M,,Cl@NAN. P@@ .. A.@@ B,@.gh JOIIN D, MOSS, K,.p.ill, B,..gh NANCY K PARKER, A, @,, JI)HN L PERRY, B.,,id, @@@,h 281 CITY HAU BUILDING MUNICIPAL CENTER RUTH HOI)(;ES SMITH. CMC, Cil, Clk CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 9002 (80@J @21-@303 September 22, 1986 VIRGINIA BEACH CITY COUNCIL ITEM I. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL Conference Room - 6:00 PM A. CALL TO ORDER Mayor Robert C. Jones B. ROLL CALL OF COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY MANAGER'S INFORMAL COMMENTS E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7:00 PM A. INVOCATION: Reverend Edwin L. Hill Virginia Beach Free Will Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA MINUTES 1. Approval of City Council Minutes: a. Informal/Formal Session of September i5, 1986 F. PROCLAMATION 1. Community Associations Day - October 4, 1986 G. PUBLIC HEARING 1. PLANNING a. Application of County View Mobile Court for FINAL APPROVAL of an Ordinance closing, vacating and discontin@n a portion of Ohio Avenue beginning at a point 75.53 fe,-t south of Southern Boulevard and running in a southerly direction a distance of 360 feet more or less, containing 21,606 s,luare feet (Kempsville Borough). DEFERRED by City Council Marcii 24, 1986 Recommendation; APPROVAL b. Application of Norman L. Smith for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots conform to the Comprehensive Zoning Ordinance, located at 3012 Holland Road (Princess Anne Borough). Recommendation: APPROVAL c. Application of Robert W. and Mary F. Rall for a Conditional Use Permit for a Residential Kennel on l,ot 18A, Section 3, Lagomar, located at 2449 Entrada Drive, containing 1,007 square acres (Princess Anne Borough). Recommendation: APPROVAL d. Application of the City of Virginia Beach to AMEND Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to Definition of Day Care Center DEFERRED by City Council August 18, 1986 Recommendation: DENIAL e. Application of the City of Virginia Beach to AMEND and REORDAIN Article 1, Section 107(f) of the Comprehensive Zoning Ordinance pertaining to Amendments. DEFERRED by City Council August 18, 1986 Recommendation: APPROVAL RESOLUTIONS 1. Resolution to request the Virginia General Assembly: To enact legislation creating an equal partnership between State and Local Government in beach preservation; To co-sponsor and cost-share with the City of Virginia Beach sand replenishment of the entire Atlantic Shoreline of the City of Virginia, including Sandbridge Beach; That the General Assembly resolve to request and encourage the Federal Goverment to restore its beaches on the Atlantic Shoreline of Virginia Beach. 2. Resolution to request the Virginia General Assembly: Amend Virginia's State Code Section 10-217 to correct errors and allow the establishment of an EROSION CONTROL LINE for the purpose of a Beach Erosion Control and Hurricane Projection Project and the development and enhancement of public beaches on all of the Atlantic Shoreline in the City of Virginia Beach; That the Atlantic Shoreline, from the United States Naval Fleet Combat Training Center at Dam Neck (to and including Little Island Park), be included on the list of public beaches in Virginia under State Code Section 10-217. 3. Resolution: Virginia Beach City Council immediately request the Board of Engineers for Rivers and Harbors, and ttic Chief of U.S. Army Corps of Engineers, by separate letters, reconsider their decisions and allow time for public response to clianges made to the Corps' report that were not covered under a separate public notice; That the City of Virginia Beach will actively participate and assist in obtaining a positive recommendation from the U.S. Army Corps of Engineers in a timely manner; That, in a timely manner, the City of Virginia Beach will place in top priority Congressional authorization(s) of Beach Erosion Control and Hurricane Protection for the entire Atlantic Shoreline. 4. Resolution requesting the Virginia Beach City Council immcdiately appropriate and fund a minimum of $2.5-Million for beach replenishment at Sandbridge as an emergency declaration to alleviate impending disaster and existing jeopardy to be used either solely or in conjunction with a Federal and/or State project or any combination thereof. In the event, Federal and/or State funds are not available in a timely manner, the City of Virginia Beach will forthwith apply funds first for the areas of Sandbridge exhibiting the greatest need. 5. Resolution that the Virginia Beach City Coun,-,il request: That the U.S. Army Corps of Engineers promptly declare all of the beaches in the City of Virginia Beach, including Sandbridge, as disposal sites for the beach quality sand from the deepening and dredging of the Norfolk Harbor and Channel and such distribution to be on an equitable basis; That the Governor of the Commonwealth make the same request for a cost-share equally with the State of Virginia and the City of Virginia Beach for the increased costs, if any, above those required for alternative sand disposal methods. 6. INDUSTRIAL DEVELOP14ENT REVENUE BONDS Resolution approving the issuance of Industrial Development Revenue Bond: a. Seven-Up Bottling Company of Virginia Ileach, Inc. - $5,000,000 (RLfunding) CONSENT AGENDA All matters listed under the Consent Agenda are considered in tlie ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance upon FIRST READING to accept and appropriate Grants of $245,290 from State Aid to Public Libraries and $6,009 from Federal Aid to Public Libraries. 2. Ordinance upon FIRST READING to accept and appropriate $50,000 for gluing and furnishing a building for Pendleton Child Care Services. 3. Ordinance to Transfer appropriations in the amount of $25,715 to project #3-964 Circuit Court Renovation rom Project #3-958 Corrections Center Feasibility Study; AND, To authorize and award the LOW BID for construction to Virtexco Corporation. 4. LOW BID to East Coast Corporation in the amount of $49,912.00 to install 1050 linear feet of 8-inch sanitary sewer for Old Dam Neck Road Sewer Extension. 5. Raffle Permit Catholic Daughters of the Americas 6. Certificate of Public Convenience and Necessity Beach Limousine and Courier Service, Inc. 7. Request of the Commissioner of Revenue for license refunds in the amount of $6,293.78. 8. Request of the City Treasurer for tax l@efunds in the amount of $8,097.41 and $19,420.70. J. APPOINTMENT 1. Arts Center Board of Trustees and Executive Committee 2. Tidewater Transportation District Commission K. UNFINISHED BUSINESS L. NFW BUSINESS 1. Proposed Capital Improvement Program - i986/IS91 M. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 22, 1986 The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, September 22, 1986, at 6:10 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 and Nancy K. Parker Council Members Absent: John L. Perry (ENTERED: 6:16 P.M.) 2 MAT T E R S BY T HE MAYOR NATIONAL LEAGUE OF CITIES ITEM # 26040 The Mayor advised of his third year on the STEERING COMMITTEE of the NATIONAL LF,AGUE OF CITIES and their Semi-Annual Meeting in Portland, Oregon. The issues in Transportation were of primary importance, particularly the hazardous waste problem. Extremely dangerous materials are being transported routinely with no regulations. The Council of Civic Organizations had a very interesting meeting concerning hazardous materials and the extent to which said materials are being generated in every household by approximatley 750 pounds a year. This is becoming a major environmental problem. The Billboard problem was also discussed at the NATIONAL LEAGUE OF CITIES. Portland had discussed amortizing the value of said signs over 15 years. Mayor Jones referenced Vice Mayor Oberndorfl serving on the Committee for ENERGY, ENVIRONMENT & NATURAL RESOURCES which met in Virginia Beach in June, 1986. - 3 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L BOND REFERENDUM ITEM # 26041 Vice Mayor Obernodrf advised a Committee should be selected as in 1980 for the BOND REFERENDUM to insure that funds were expended as promised. Councilwoman Parker requested Council SCHEDULE a WORKSHOP concerning the BOND REFERENDUM so all Members of Council may be advised concerning information to be dispensed to the general public. BY CONSENSUS, City Council decided upon a combined WORKSHOP for discussion of the BOND REFERENDIUM and the PROPOSED CAPITAL IMPROVEMENT PROGRAM Fiscal Year 1986-87/1990-91 on Wednesday, September 24, 1986 at 6:30 P.M- in the City Council Conference Room. CAPITAL IMPROVEMENT PROGRAM ITEM # 26042 Councilwoman McClanan requested a PUBLIC MEETING concerning the CAPITAL IMPROVEMENT PROGRAM be held at the City Council Meeting of September 29, 1986. CONSTITUTION DAY COMMITTEE ITEM # 26043 Councilwoman McClanan referenced the Resolution to PROCLAIM September 17, 1987, as CONSTITUTION DAY and announce the intention of City Council to appoint a Committee to plan activities in celebration of that day and other appropriate days relating thereto. This Resolution was ADOPTED by the Council of the City of Virginia Beach, Virginia, on September 15, 1986. Councilwoman McClanan advised she had received numerous inquires concerning same. Mayor Jones advised that these individuals requesting appointments file a TALENT BANK application. Mayor Jones further advised the Fort Story Landing was 380 years ago next year. Perhaps, these two anniversaries might coincide to form a joint celebration. MORTGAGE COMPANIES ITEM # 26044 Councilman Fentress referenced a copy of a letter addressed to the City Manager concerning the Business License Tax Rate relative Mortgage Companies from U.S. Credit Mortgage Corporation. This letter advised the City of Virginia Beach's Tax Rate was way out of proportion to the localities of Norfolk, Suffolk and Portsmouth. If the current tax structure is not changed back to the flat rates of years previous, it might necessitate this company moving their home office. The City of Chesapeake has established a spearate category for Mortgage Companies. City Council might be interested in hearing a presentation concerning same from the Commissioner of Revenue, Robert Vaughan. The City Manager advised in this particular instance, the aforementioned firm was listing revenues which should not have been a part of their gross receipts. - 4 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L MISS AMERICA ITEM # 26045 Councilman Fentress advised he had called Mrs. Billie Cash, mother of Miss America, Kellye Cash. Mrs. Cash advised her daughter would probably return in March when her father had a Change of Command. Councilman Fentress requested a letter be written to Mrs. Cash congratulating her daughter's selection as Miss America and perhaps a Resolution be presented to either Mrs. Cash or Miss America. BAN ON PHOSPHATES ITEM # 26046 Councilman Balko referenced a possible Ban on Phosphates be presented in City Council's Legislative Package. Paul J. Anninos, Member of the WETLANDS BOARD, and a representative from the Soap Industry could make a presentation in connection with same. Vice Mayor Oberndorf advised she believed Senator Joseph V. Gartlan had introduced legislation concerning this topic. The City Manger will request Robert Matthias, the Legislative Liaison, to research this particular item. BAYSIDE/PRINCESS ANNE RECREATIONAL FACILITIES ITEM # 26047 Councilman Perry referenced his letter to City Council of September 17, 1986. In said letter Councilman Perry indicated his concern relative the lack of a long-term program to provide adequate recreational (community center) facilities. In Bayside, a new facility similar to Kempsville is needed. The facility in Princess Anne might be derived by expanding or modernizing the Bow Creek facility. Councilman Perry requested the City Manger include a REFERENDUM project for Bayside in 1989 and one for Princess Anne three years later. VIRGINIA BEACH CITY PINS ITEM # 26048 Councilwoman Parker referenced the pins representing the City of Virginia Beach which Councilwoman McClanan had requested be designed for City officials to distribute at VML and other meetings and conventions. Mayor Jones advised the pins had been ordered. TARGET AREAS ITEM # 26049 Councilman Perry referenced his four (4) priorities concering TARGET AREAS in the Capital Improvement Program: Newsome Farms, Gracetown, Reedtown and Lake Smith. The condition of NEWSOME FARMS drainage is deplorable. Councilman Perry did not believe the City was going to correct BURTON STATION. The Mayor advised these items will be discussed at the CIP WORKSHOP. - 5 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L RECOMMENDATION REVIEW COMMTTTEE ITEM # 26050 Councilwoman Henley advised the Committee composed of Councilwomen Parker, McClanan and herself, had met with Robert Scott, Director of Planning, to review the list of 56 items upon which City Council had requested recommendation from the Planning Commission. Councilwoman Henley advised same was a most productive discussion and was informed the majority of the items would be addressed in the revising of the CZO (Comprehensive Zoning Ordinance). This revision should be completed within six (6) months. Councilwoman Henley suggested there be a Committee comprised of two or three Council Members and two or three Planning Commissioners to assure for continuous communication. Mayor Jones requested Councilwomen Henley, Parker and McClanan continue to serve on said Committee. - 6 - ITEM # 26051 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SFSSION 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. 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. Upon motion by Councilman Heischober, seconded by Councilman Baum, 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 - 7 - F 0 R M A L SE S S I 0 N VIRGINIA BEACH CITY COUNCTL September 22, 1986 7:25 P.M- Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, September 22, 1986, at 7:25 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 INVOCATION: Reverend Edwin L. Hill Virginia Beach Free Will Baptist Church PLEDGE OF ALLEGIANCE TO THE YLAG OF THE UNITED STATES OF AMERICA - 8 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 26052 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. 9 Item II-E.l.a MINUTES ITEM 26053 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council AMENDED the Minutes of September 15, 1986, to replace the words "high rise" with "roof top" in Condition No. 6 and to include a reference to curb cuts as Condition No. 8 on the application of OXFORD DEVELOPMENT ENTERPRISES, INC. for a Change of Zoning District Classification from 0-1 to H-1. Page 23, Item # 26019 ORDINANCE UPON APPLICATION OF OXFORD DEVELOPMENT ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO Hl Z09861121 6. No @--TA-se roof top signs shall be permitted. 8. The location of the curb cut to subject property will be finalized in a location acceptable to the City Staff at Site Plan review. 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 - 10 - Item II-F.1 PROCLAMATION ITEM # 26054 Mayor Jones PROCLAIMED October 4, 1986: COMMUNITY ASSOCIATIONS DAY Chuck Turner, President, Tidewater Chapter Community Associations Institute, ACCEPTED the PROCLAMATION. The CAI represents aproximately 20,000 homeowners in the area with a territory from Richmond to northern North Carolina. Brochures and buttons were distributed to City Council commorating COMKUNITY ASSOCIATIONS DAY. WHEREAS, the Community Associations Institute Is ci national non-proflt organization that, since 1973, has been the definitive source of Information on the creation, operation, and management of condo- minium, cooperative, and homeowner associations; and WHEREAS, the C.A.I. provides Its member3 with educational programs, Industrial Information, professional designatlons, publi- cations, and contacts; and WHEREAS, its membership Includes homeowner ossociations, association managers, builders/developers, professional colleagues, public/government officials, and trade associates; and WHEREAS, the C.A.I. Tidewater Chapter and City of Vlrginia Beach wish to provide educational activities In Virginia Beach which will Include lecture and discussions of great Interest to the Virginia Beach community. NOW, THEREFORE, 1, Robert G. Jones, Mayor of the City of Virginia Beoch, do hereby proclaim October 4, 1986 as COMMUNITY ASSOCIATIONS DAY and ask that all Virginia Beach residents participate In the "Community Associations Day" at the Pavilion on October 4 beginning at 9:00 a.m. IN WITNESS WHEREOF, I have hereunto set my hand and coused the seal of the City of Virginia Beach to be affixed this twelfth day of September, nineteen hundred and eighty-six. Ro J-on or Item II-G. PUBLIC HEARING ITEM 26055 Mayor Jones DECLARED A PUBLIC HFARING: PLANNING ITEMS a. COUNTY VIEW MOBILE COURT STREET CLOSURE b. NORMAN L. SMITH VARIANCE c. ROBERT W. AND 14ARY F. HALL CONDITIONAL USE PERMIT d. COMPREHENSIVE ZONING ORDINANCE Definition of Day Care e. COMPREHENSIVE ZONING ORDINANCE Amendments - 12 - Item II-G.1 PUBLIC HFARING PLANNING ITEM # 26056 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of COUNTY VIEW MOBILE COURT closing, vacating and discontinuing a portion of Ohio Avenue. Application of County View Mobile Court for the discontinuance, closure and abandonment of a portion of Ohio Avenue beginning at a point 75-53 feet south of Southern Boulevard and running in a southerly direction a distance of 360 feet more or less. Said parcel contains 21,606 square feet. Plato with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. 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 - 12 c ORUINANCE NO. IN THE t4ATTER OF CLOSING, VACATIWG, AND DISCONTINUING A PORTION OF THAT CERTAIN FIFTY FOOT STREET KNOWN AS OHIO AVENUE, LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, 'PLAT SHOWING A PORTION OF OHIO AVENUE TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS TO BE RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN NAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been qiven by PrincesS Anne Mobile Homes that it would make application to the Council of the City of Virqinia Beach, Virqinia on , 1985, to have that portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION 1 BE IT ORDAINED by the Council of the City of Virqinia Beach, Virginia, that the hereinafter described portion of Ohio Avenue be discontinued, closed, and vacated: Beginning at a point on the Southern Side of Euclid Road (formerly Holland Swamp Road) which point of beqinninq is South 05* 051 211 west 75.53 feet as measured alonq the property line of the property now or formerly Woodrow W. Ford, Jr., from Norfolk Southern Corporation Riqht of way and from f4CKR said point of beqinninq; runninq thence LAWLER South 050 051 21' West 254.34 feet to a EYS AT "W point; thence turninq and running along the . VA. arc of a circle the radius of which is 50 - 12d - feet the delta of 41* 24, 350 the arc of which is 36.14 feet the tanqent of which is 18.90 feet the chord of which is 35.36 feet to a point; thence continuinq along the arc of a circle the radius of which is 50 feet the delta 2620 491 lo-, arc of 229.35 feet the chord of which is 75.00 feet to a point; thence continuinq alonq the arc of a circle the radius of which is 50 feet the delta 41* 24- 35- the arc of 36.14 feet the tanqent of 18.90 feet and the chord of 35.36 feet tO & point; thence runninq North 05' 051 21- East 254.34 feet to the northern Property line of rporated; Princess Anne Mobile Homes Inco . thence turninq and runninq North 840 541 39" west 50 feet more or less to the point of beqinninq. Said parcel of land beinq a portion of Ohio Avenue as indicated on that certain plat of pcoperty to be vacated beinq a portion of Ohio Avenue, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virqinia, in Map Book at paqe and which is made a part hereof by reference. ECTION 11 A certified copy of this ordinance shall be filed in the office of the Circuit Court of the city of Virginia Beach, indexed in the name of the City of Virqinia Beach, as qrantor. ECTION III LLAM. KRELL & LAWLER FINAL APPROVAL: September 22, 1986 LAW VA. - 13 - Item II-G.l.b PUBLIC HEARING PLANNING ITEM # 26057 Attorney R. J. Nutter, Jr. represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council APPROVED an application of NORMAN L. SMITH for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Norman L. Smith. Property is located at 3012 Holland Road. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Vacation of all interior lot lines. 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 - 14 - Item II-G.l.c PUBLIC HEARING PLANNING ITEM # 26058 Mary French Hall, the applicant, represented herself and husband Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application for ROBERT W. AND MARY F. HALL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT W. AND MARY F. HALL FOR A CONDITIONAL USE PERMIT FOR ARESIDENTIAL KENNEL R0986976 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert W. and Mary F. Hall for a Conditional Use Permit for aresidential kennel on Lot 18A, Section 3, Lagomar. Said parcel is located at 2449 Entrada Drive and contains 1.0077 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Maximum of eight (8) dogs. 2. Structure shall be insulated and air conditioned. 3. Approval is for a period of three (3) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- second day of September, Nineteen Hundred and Eighty-six. 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 *Verbal Aye AN ORDINANCE TO AMEND SECTION Ill OF THE COMPREHENSION ZONING ORDINANCE PERTAINING TO THE DEFINITION OF A DAY CARE CENTER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the definition of a "Day Care Center" as contained in Section 111 of the Comprehensive Zoning Ordinance of the City of Virginia Beach be amended and reordained as follows: Day care center. Any facility operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or guardians during a part of the twenty-four-hour day. In regard to the facilities operated in a private family home as an approved home occupation, this term shall apply only to homes in which more than five (5) children are received except-ehildren-who-are-related-by-blead-or-marriage to-persona-who-maintain--the-home--or-where--the-tetal--n @ er-of ehi-ldren-reeeivedT--ineluding-relatives7--exeeeds-seven-+?+T who are not related by blood or marriage to the persons who maintain the home, or where the total number. including children so related to the persons who maintain the home, exceeds seven (7). This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of September 1986. GLF/lmt 09/ 22/ 86 - 16 - Item II-F.l.e. PUBLIC REARING PLANNING ITEM # 26060 Jack Whitney, Chief of Comprehensive Planning, advised the Amendment to Article 1, Section 107(f) of the Comprehensive Zoning Ordinance would result in both the Planning Commission and the City Council acting upon the same application to the smallest detail. A Motion vias made by Councilman Baum, seconded by Councilwoman McClanan to DENY an Ordinance upon application of the City of Virginia Beach to AMEND and REORDAIN Article 1, Section 107 (f) of the Comprehensive Zoning Ordinance pertaining to Amendments. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Reba S. McClanan and Vice Mayor Meyera E. Oberndorf Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, John D. Moss, Nancy K. Parker, John L. Perry and Mayor Robert G. Jones Council Members Absent: None - 17 - Item II-G.l.e. PUBLIC HEARING PLANNING ITEM # 26060 (Continued) A MOTION was made by Councilman Moss, seconded by Councilman Fentress to REFER back to the Planning Commission an Ordinance to Amend and Reordain Article 1, Section 107(f) of the Comprehensive Zoning Ordinance pertaining to Amendments. (Said motion was WITHDRAWN). Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council REFERRED BACK to the City Attorney, the Council Committee, (consisting of Councilwomen Henley, McClanan and Parker), and the Planning Commission to review concerns of Council and resolve with a Report back to City Council: Ordinance to Amend and Reordain Article 1, Section 107(f) of the Comprehensive Zoning Ordinance pertaining to Amendments. 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 - 18 - Item II-H.1/2/3/4/5 RESOLUTIONS ITEM # 26061 The following spoke in support of the proposed RESOLUTIONS concerning SANDBRIDGE: Attorney Robert Cromwell represented the Sandbeach Restoration Society and advised his clients had raised and spent in excess of $150,000 to repute some unfair observations, in their opinion by the Army Corps of Engineers, as it relates to the economic feasiblity of sand replenishment in the Sandbridge area of the City. Attorney Cromwell presented City Council with copies of Reports prepared for the Sandbridge Beach Restoration Association by Coastal Research Associates. (Said booklets are hereby made a part of the record) Helen McDonald, Secretary of the Sandbridge Beach Restoration Association Sam Ames, represented the Sandbridge Beach Civic League and also is Vice President of the Sandbridge Beach Restoration Association Rea H. LeSesne, represented himself and spoke in OPPOSITION Councilwoman McClanan distributed copies concerning a General Outline of the Coastal Study Committee Report prepared by Richard Browner. Said copy is hereby made a part of the proceedings. Councilwoman McClanan requested these RESOLUTIONS be DEFERRED to another Night Council Meeting in order that legal and technical aspect of these resolutions might be discussed by City Staff, and the report furnished by the Coastal Study Committee. Upon motion by Councilwoman McClanan, seconded by Cuoncilman Heischober, City Council DEFERRED until the City Council Meeting of October 27, 1986: Resolution to request the Virginia General Assembly: To enact legislation creating an equal partnership between State and Local Government in beach preservation; To co-sponsor and cost-share with the City of Virginia Beach sand replenishment of the entire Atlantic Shoreline of the City of Virginia, including Sandbridge Beach; That the General Assembly resolve to request and encourage the Federal Goverment to restore its beaches on the Atlantic Shoreline of Virginia Beach. Resolution to request the Virginia General Assembly: Amend Virginia's State Code Section 10-217 to correct errors and allow the establishment of an EROSION CONTROL LINE for the purpose of a Beach Erosion Control and Hurricane Projection Project and the development and enhancement of public beaches on all of the Atlantic Shoreline in the City of Virginia Beach; That the Atlantic Shoreline, from the United States Naval Fleet Combat Training Center at Dam Neck (to and including Little Island Park), be included on the list of public beaches in Virginia under State Code Section 10-217. - 19 - Item II-H.1/2/3/4/5- RFSOLUTIONS ITEM # 26o6i (Continued) Resolution: Virginia Beach City Council immediately request the Board of Engineers for Rivers and Harbors, and the Chief of U.S. Army Corps of Engineers, by separate letters, reconsider their decisions and allow time for public response to changes made to the Corps' report that were not covered under a separate public notice; That the City of Virginia Beach will actively participate and assist in obtaining a positive recommendation from the U.S. Army Corps of Engineers in a timely manner; That, in a timely manner, the City of Virginia Beach will place in top priority Congressional authorization(s) of Beach Erosion Control and Hurricane Protection for the entire Atlantic Shoreline. I Resolution requesting the Virginia Beach City Council immediately appropriate and fund a minimum of $2.5-Million for beach replenishment at @ dbridge as an emergency declaration to alleviate impending disaster and existing jeopardy to be used either solely or in conjunction with a Federal and/or State project or any combination thereof. In the event, Federal and/or State funds are not available in a timely manner, the City of Virginia Beach will forthwith apply funds first for the areas of Sandbridge exhibiting the greatest need. Resolution that the Virginia Beach City Council request: That the U.S. Army Corps of Engineers promptly declare all of the beaches in the City of Virginia Beach, including Sandbridge, as disposal sites for the beach quality sand from the deepening and dredging of the Norfolk Harbor and Channel and such distribution to be on an equitable basis; That the Governor of the Commonwealth make the same request for a cost-share equally with the State of Virginia and the City of Virginia Beach for the increased costs, if any, above those required for alternative sand disposal methods. Sources for the Revenue for these projects shall be attached to the City Staff's recommendation. - 20 - Item II-H.1/2/3/4/5 RESOLUTIONS ITEM # 26o6i (Continued) 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 Cit@ c@f -Vijr&4ii@i" IE3@@@171 September 18, 1986 TO: Members of Coastal Study Committee FROM: Richard Browner RE: General Outline of Committee Report 1. Study Authority ii. Study Purpose and Scope ill. Study Participants iv. Statement of Existing Conditions Impacting Various "Reaches" of Beach A. Coastal Geological a"d Engineering Considerations 1. An analysis of tlil existing conditions of the "reaches" of beach located in Virginia Beach (i.e. Chesapeake Beach, Ocean Park Beach, Bayfront Fort Story Reach, North End, Tourist Beach, Croatan Beach Camp Pendleton, Dam Neck - Sandbridge North Carolina line Beach). 2. An analysis of forces (natural and man-made) impacting the various reaches of beach (i.e., erosion, accretion rates, currents, etc.) 3. A typical beach profile will be recommended for each reach of beach with estimates of the amount of material required. These amounts will be computed for several alternative cross sections. 4. Estimates of the retention time one could expect the material to remain on the beach. This information would result in cost estimates for long-term maintenance. 5. Suggestions r,@lated to possible sources of sand for initial build-up and ongoing nourishment with cost estimates, A. Thimble Shoals Channel B. Baltimore Channel C. Atlantic Chantiel D. Lynnhaven River Navigational Channel E. Lynnhaven River Dredging F. Off shore hydraulic dredging G. Truck Haul - Borrow pits Committee Members, Dr. Bryne and Dr. Oertel, will make a presentation to us on October 16th on Section IV A. 1-5. B. Ownership and Legal Considerations Impacting Various "Reaches" of Beach 1. Inventory of beach ownership for each "reach" of beach. Identify on 400' scale planimetric the ownership of all property having frontage on the Chesapeake Bay and Atlantic Ocean. Ocean Park highlighted the need for the City to have either an easement or fee title to any "reach" of beach before any .. public" funds are spent on nourishment. 2. Legal aspects of condemnation or easement acquisition. 3. Cost Estimates - (This portion of the report will be completed October 9, 1986.) V. Alternative Plans to be Considered for Various "Reaches" of Beach 1. Environmental Impacts 2. Socio-economic Impacts 3. Cost Impacts 4. Legal Impacts Vi. Possible Sources of Funding 1. Local 2. State 3. Federal VII. Recommendations to Council on the Most Cost-Effective Method of Beach Nourishment RESOLUTION NO. I WHEREAS, the beaches lying along the Atlantic Ocean shoreline of the COMMONWEALTH of VIRGINIA and CITY of VIRGINIA BEACH represent an important resource; and WHEREAS, due to a variety of social, economic and environmental factors, these areas are eroding and being destroyed here and now; and WHEREAS, shoreline erosion is an issue of significant magnitu(de affecting many Property owners, the recreational opportunities of the general public, and the economic interests of private enterprise; and WHEREAS, 21-11.16 of the Virginia Code declares that it is the policy of the Commonwealth that Virginia's shores "are a most valuable resource that should be Protected from erosion..." and the Commonwealth should "bring to bear the Commonwealth's resources in effectuating Practical solutions thereto"; and WHEREAS, previous studies have indicated the benefits of an integrated approach where the tocus is on shoreline "reach Dress"-, and WHEREAS, the Commonwealth has a duty as steward of its natural environment and a duty to protect the interests of its citizens; and WHEREAS, the City of Virginia Beach shares such duties. NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council requests this session that the GENERAL ASSEMBLY of the Commonwealth of Virginia enact legislmtion creating an equal Partnership between state and local government in beach preservation; and, be it RESOLVED FURTHER, That the Virginia Beach City Council requests the GENERAL ASSEMBLY to enact legislation causing the state to co-sponsor and cost share with the City of Virginia Beach sand replenishment of the ENTIRE Atlantic Shoreline of the City of Virvinia Beach, including Sandbridoe Beach; and. be it RESOLVED FINALLY, To request the GENERAL ASSEMBLY to resolve to request and encourage the Federml government to restore its beaches on the Atlantic Shoreline of Virginia Beach. Adopted by the Virginia Beach City Council on this day of . 1986. RESOLUTION NO. 2 WHEREAS, 10.215-222 Code of Virvinia for the Conservation and Dek,elopment of -ublic B&aches may not be identifyino shoreline segments that are exhibiting high rates of erosion, nor developing effective means to minimize the effects of erosion in these areas and such is inconsistent with Sec. 21-11.16 of the Code of Virginia whereby the General Assembly has declared that: "The shores of the Commonwealth of Virginia are a most valuable resource that should be Protected from erosion which reduces the tax base, decreases recreational opportunities, decreg5ses the amount of open space and agricultural lands, damages. or destroys roads and Produces sediment that damages marine resources, fills navigational channels. degrades water quality and, in general, adversely affects the environmental quality; therefore, the General Assembly hereby recognizes shore erosion as a Problem which directly or indirectly affects all of the citizens of this State and declares it the Policy of the State to bring to bear the State's resources in effectuating effective practical solutions thereto. (1972, c, 855)"; and WHEREAS, all of the foregoing is an essential requirement of any Coastal Zone Management Plan, because the potential for and severity of impacts to both natural and man-made environments will increase dramatically with the extent and rate of erosion of the shoreline of the Commonwealth of Virginia; and WHEREAS, current wording of Sec. 10-217 of the Code of Virginia "indefinite public use" does not apply to any of the beaches currently listed under that law as Public, because the potential exists for the Public beach to erode to the point of being subaqueous lands of the Commonwealth rather than public beach, and thereby, giving actual ownership of the beach to adjacent property owners as the water encroaches upland; and, WHEREAS, some public beaches have already eroded to the point of being lost to the public; and, WHEREAS, the Study Commission and the 1980 law for the Conservation and Developmeht of Public Beaches erroneously listed beaches not clearly public and omitted others which are more public. NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council requests that Sec. 10-217 Code of Virginia be amended to correct said errors and allow the establishment of an Erosion Control Line for the Purpose of a beach erosion control and hurricane Protection ProJect and the development and enhancement of Public beach on all of the Atlantic Shoreline of Virginia Beach; and be it RESOLVED FINALLY, that the Virginia Beach City Council requests of the General Assembly that the Atlnntic Shoreline from the U. S. Naval Fleet Combat Training Center at Dam Neck to and including Little Island Park be included on the list of Public beaches in Virginia under Sec. 10-217 Code of Virginia. Adopted by the Virginia Beach City Council on this day of 1986. RESOLUTION NO. 3 WHEREAS, the CitY of Virginia Beach has undertaken an extensive review of the Technical Report "Sandbridge Beach and Back Bay Virginia, An Analysis of Shoreline Erosion, Storm Surge, and Back Bay Flooding" and of the U. S. Army Corps of Enoineers' Report Final Phase I GDM Beach Erosion Control and Hurricane Protection, Sandbridge Beach, Virginia Beach, Virginia; and, WHEREAS, the City of Vir6inia Beach supports and endorses a proJect for beach erosion control and hurricane proteotion for the subdivision of Sandbridge located in the Princess Anne and Pungo boroughs of the City; and WHEREAS, the Board of Engineers for Rivers and Harbors has concurred with the negative findinvs of the Norfolk District Army Corps of Engineers Report; and WHEREAS, the Corps' figures and the amount of sand for the project were changed while the report was under review without notification to the City of Virginia Beach or residents of the subdivision of Sandbridge; and WHEREAS, the revised report was based on 1983 prices and beach conditions as of July throuoh September 198.3 and responses to said Public Notice were geared at the figures issued by the Corps; and WHEREAS, property values have increased significantly in Sandbridge whether or not reflected in tax records and further, that a number of other benefits could have been included in responses to the Board of Engineers for Rivers and Harbors had it been known that the Corps was going to increase the amount of sand specified in their report for a project and increase costs of the overall project; and WHEREAS, those responding to the Public Notice were not Privy to adjustments or Changes Made by the Corps of Engineers while the r,eport was under review; and, WHEREAS, there has been no opportunity to respond to these changes made to the original report; and, WHEREAS, the BERH did....,.r,ecogn.i,z.e tha.t t.h.e,r,e .... i.s .... a si r7 ff ant erosion an .,,,,,h (P. al...in,,Sandbrid e ppt,@nt,i . . ........ ... . . ..... t a,.P.17oj@p@ y fied in their r iew of Sandbridge. NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council immediately re44uests the Board of Enoineers for Rivers and Harbors and the Chief of Engineers by separate letters to reconsider their decision and allow time for Public response to changes made to the Corps' Report that were not covered under a Public Notice; and, be it RESOLVED FURTHER that the Staff of the City of Virginia Beach will actively participate and assist in obtaining a positive recommendation from the Corps of Engineers and some to be done in a timely manner; and be it RESOLVED FINALLY, that Congressional Authorization(s) of Beach Erosion Control and Hurricane Protection for the entire Atlantic shoreline, including Sandbridge, is a top priority of the City of Virginia Beach and that same must be achieved in a timely fashion. Adopted by the Virginia Beach City Council on this day of 1 1986. RESOLUTION NO. 4 WHEREAS, the Board of Engineers for Rivers and Harbors has determined that a significant threat to existing Public and private Property exists in the Community of Sandbridge from erosion and hurricane damage Potential; and, WHEREAS, erosion occurring here and now haS created the Potential for substantial losses of life, property, and the beaches, which will reflect in rnillions of dollars of lost revenue to the City of Virginia Beach and the Commonwealth of Virginia; and WHEREAS, the means to Prevent such losses and at the some time enhance the tax base is beach replenishment; and WHEREAS, lodging tox, formerly called the "sand tax" has been collected in the community on a continuing basis; be it NOW, THEREFORE, RESOLVED that the City of Virginia Beach will immediately appropriate and furid a minimum of $2,500,000 for beach replenishment at Sandbridge as an emergency declaration to alleviate impending disaster and existing jeopardy to be used either solely or in conjunction with a federal and/or state ProJect or any combination thereof. In the event that federal and state funds are not available in a timely manner, the CitY will forthwith apply funds first for the areas of Sandbridge exhibiting the greatest need. Adopted by the Virvinia Beach City Council on this day of 1986. RESOLUTION NO. 5 WHEREAS, a unique opportunity exists with regard to the Planned dredoing and deepening of the Norfolk Harbor and Channels or any other major channel dredging/deepening project and fundino available under Title 33, Sec. 426, using channel sand for beach replenishment; and WHEREAS, a substantial amount of beach quality sand is known to exist in said channels and said sand may be disposed of mgbny miles from the shores of Virginia; and WHEREAS, the unusable material will be dumped in the Dam Neck Ocean Disposal Site, causing inoreased wave action on our shores; and WHEREAS, channel dredging and deepening of the magnitude Planned will relocate nodal points, thereby causing an acceleration of the erosion taking Place here and now; and WHEREAS, mitigation of these Possible effects is desired; be it NOW, THEREFORE, RESOLVED that the Virginia Beach City Council requests Promptly that all of the beaches of Virginia Beach, including Sandbridge, be declared by the Corps of Engineers as disposal sites for the beach quality sand from the deepening and dredgirig of the Norfolk Harbor and Channels and such distribution to be on an equitable basis; and be it RESOLVED FURTHER, that the Virginia Beach City Council requests the Governor to make the same request and that the Commonwealth cost share equally with the City of Virginim Beach for the increased costs, if any, above those required for alternative sand disposal methods. Adopted by the Virginia Beach City Council on this day of 1986. - 21 - Item II-H.6 a. RESOLUTIONS ITF14 # 26062 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED a Resolution approving the issuance of Industrial Development Revenue Bond: Seven-Up Bottling Company of Virginia Beach, Inc. - $5,000,000 (Refunding) 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 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: SEVEN-UP BOTTLING COMPANY OF VIRGINIA BEACH, INC. 2 LOCATION: 5700 Ward Avenue Virginia Beach, VA 23455 DESCRIPTION OF PROJECT: Manufacture and sale of Soft Drinks 4. AMOUNT OF BOND ISSUE: $5,000,000 5. PRINCIPALS: Mr. John Imbesi Mr. Larry lobesi Mr. Mark Imbesi Mr. Joe Imbesi 6. ZONING CLASSIFICATION: a. Present zoning classification of the property b. Is rezoning proposed? No C. If so, to what zoning N/A classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVFNUE BOND FINANCING DATZ: June 27, 1986 Tot THE CITY COUNCIL OF VIRGINIA BZAM, VIRGINIA PROJECT NAMEs Seven-Up Bottling Company of Virginia Beach, Inc. TYPE OF FACILITYT @oft Drink Manufacturer and Wholesaler 1. Maximum amount of financing sought $ 5,00o.000 2. Estimated taxable value of the facility's real proporty to be constructed in the municipality $ 2,474,787 3. Zstimated real property tax per year using present tax rates $ 19,798 4. Fstimated personal property tax per year using present tax rates $ 23.100 S. Estimated morcbants' capital (business license) tax per year using present tax rates $ 5,291 6. Estimated dollar value per year of goods and services tbat will be purchased locally $ 722,500 7. Estimated number of regular employees an year round basis $ 73 S. Average annual salary per employea $ 21,350 The information contained ii this Statement is based solely on facts and estimates provided by tbe Applicant, and the Authority has made no independent investigation with respect tbarsto. City of Virgini Development Aut B PRD= NAllIE: Seven-uo Bottling Com.Darry of Virginia Beach, X=- PrC= ADDRESS: 5700 llard Averiue, Virginia Beach, Virginia P TYPE: t@ehouse, Office and Distribution racility RESOLUrION "PROVING THE ISSUANCH OF INDUSTRIAL DEVELOPMENR REFUNDING RE"NUE BONDS FOR SEVEN-UP BOTTLING COMPANY OF VIRGINIA B"M, INC. WE@, the City of Virginia Beach Development Authority (the Authority) has considered the application of Seven-Up Bottling Company of Virginia Beach, Inc., (the oCompany"), for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed $5,000,000.00 (the Bonds) to repay in full the Authority's $5,000,000.00 1981 Industrial Development Revenue Bond (*Seven-Up Bottling Projecto) issued to finance the acquisition, construction and equipping of a warehouse, office' manufacturing and distribution facility (the 'Facility') located at 5700 Ward Avenue, in the City of Virginia Beach, Virginia, and has held a public heating thereon on September 9, 1986; and WHEMM , the Authority has requested and recommended that the City Council (the 'Council*) of Virginia Beach, Virginia (the 'City'), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended (the. *Revenue Code"); and WHEOW, pursuant to S15.1-1378.1, Code of Virginia, 1950, as amended, (the "Code*) 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, if any, with respect to the Bonds and a statement in the form prescribed by Section 15.1- 1378.2 of the Code have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT IMSOLVED BY THE CITY COUNCIL OIP THE CM OIP VIRGINIA BFAM, VIRGINIA: 1. The recitals made in the preamble to this Resolution are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Revenue Code. 3. Tbe approval of the issuance of the Bonds, as required by Section 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith nor 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 a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on September 22 1986. 090410/gmd/COM -2- - 22 - Item II-I. CONSENT AGENDA ITEM # 26063 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA. 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 - 23 - Item II-I.l. CONSENT AGENDA ITEM # 26064 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED upon FIRST READING: Ordinance to accept and appropriate Grants of $245,290 from State Aid to and $6,009 from Federal Aid to Public Libraries. 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 0 0 o Z Z- :E V) tr. C < AN ORDINANCE TO ACCEPT GRANTS OF $245,290 FROM STATE AID TO PUBLIC LIBRARIES AND $6,009 FROM FEDERAL AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS TO DEPARTMENT OF PUBLIC LIBRARIES WHEREAS, City Council is interested in enhancing the quality of service provided by our Public Libraries, and WHEREAS, grants of $245,290 from State Aid to Public Libraries and $6,009 from Federal Aid to Public Libraries are available for this purpose, and WHERF-AS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the above two grants be accepted and funds of $251,299 be appropriated to the Department of Public Libraries for the FY 1986- 1987 Operating Budget as follows: Office Supplies $ 2,205 Books and Subscriptions 169,114 Educational and Library Supplies 8,612 Furniture and Fixtures 40,704 Data Processing Equipment 27,655 Travel and Training 3,009 Total 299 BE IT FURTHER ORDAINED that Estimated Revenues from the Commonwealth of Virginia be increased by $245,290 and from the Federal Government by $6,009 to finance the appropriations. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - - day of 1986. FIRST RFADING: September 22, 1986 SECOND READING: CAC/I ORDll.CSR - 24 - Item II-I.2. CONSENT AGENDA ITEM # 26o65 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED upon FIRST READING: Ordinance to accept and appropriate $50,000 for gluing and furnishing a building for Pendleton Child Care Services. 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 $50,000 FOR GLUING AND FURNISHING A BUILDING FOR PENDLETON CHILD CARE SERVICES WHEREAS, the Pendleton Child Care Services program has identified an immediate need for an additional 1500 square feet of space for family treatment rooms and administrative/intern offices, and WHEREAS, on August 15, the Director of Pendleton became aware of the availability of a 3000 square foot house located on Fishermans Bend Road which the owners wished to donate to a tax exempt purpose for use "in good social purpose", and WHEREAS, the Department of General Services, having inspected the house, found it to be in outstanding condition and valued at $120,000, and WHEREAS, the Director of Pendleton, baving received permission to place the house on the property occupied by the current Pendleton Child Services facilities and having arranged with the current house owners to take possession of the house with assurance that it be moved by the end of September 1986, and WHEREAS, moving of the house will be funded from funds available in the FY 86-87 Pendleton Operating Budget, requirihg an additional appropriations of $40,000 for "gluing" of the house together and $10,000 for furnishings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA that funds in the amount of $50,000 be appropriated from the Pendleton Unreserved Fund Balance to the Pendleton Child Service Center Operating Budget for "gluing" costs for the house and purchase of furnishings. This ordinance shall be effectiv6 from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1986. FIRST READING: September 22, 1986 SECOND READING: CAC/1 ORD12.BJM - 25 - Item II-I.3. CONSENT AGENDA ITEM # 26066 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to Transfer appropriations in the amount of $25,715 to project #3-964 Circuit Court Renovation from Project #3-958 Corrections Center Feasibility Study; AND, AUTHORIZED AND AWARDED the LOW BID for construction to Virtexco Corporation in the amount of $161,515 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 0 AN ORDINANCE TO TRANSFER APPROPRIATIONS IN THE AMOUNT OF $25,715 TO PROJECT *3-964 CIRCUIT COURT RENOVATION FROM PROJECT *3-958 CORRECTIONS > CENTER FEASIBILITY STUDY 0 WHEREAS, in the FY 1985-86/FY 1989-90 Capital Improvement Program, Council approved project *3-964 Circuit Cotirt Renovation at an estimated cost of $156,000, and WHEREAS, based on bids received the cost of the project is now estimated to be $181,715, and WHEREAS, in order to proceed with the project it is necessary to provide $25,715 in additional funding for the project, and WHEREAS, the additional funding may be provided by the transfer of $25,715 from project #3-958 Correction Center Feasibility Study. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF THE CITY OF VIRGINIA BEACH, VIRGINIA that appropriations in the amount of $25,715 are hereby transferred to project #3-964 Circuit Court Renovations from project #3-958 Corrections Center Feasibility Study. BE IT FURTHER ORDAINED that the City Manager is hereby authorized to award the construction low bid to Virtexco Corporation. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the .-22"----__ day Of 1986. pwc4/circuit - 26 - Item II-I.4 CONSENT AGENDA ITEM # 26067 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: LOW BID to East Coast Corporation in the amount of $49,912.00 to install 1050 linear feet of 8-inch sanitary sewer for Old Dam Neck Road Sewer Extension. 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 - 27 - Item II-I-5- CONSENT AGENDA ITE14 # 26068 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: Raffle Permit Catholic Daughters of the Americas 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 - 28 - Item II-I.6 CONSENT AGENDA ITEM # 26069 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: Certificate of Public Convenience and Necessity Beach Limousine and Courier Service, 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 - 29 - Item II-I.7. CONSENT AGENDA ITEM # 26070 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $6,293.78 upon application of certian persons and upon Certification of the Comissioner 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 NO. CA 0 REV. &U 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 CRTY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon cerfification of the Commissiofw of to Revenue are hereby approved: NAME Ucense Date Base Penatty InL Totw Year Paid Sylvia's Shoe Salon T/A Revelations Shoes 700-E N. Military Highway Norfolk, VA 23502 1982/85 Audit 121.86 121.R6 W. S. Meadows Eng., Inc. T/A W. S. Meadows Eng., Inc. '.476 Five Hill Trail @a. Beach, VA 23452 1984/85 Ausit 2,149.38 2,149.3P Certified as to Payment: @Robert P. Vaughan. Commissioner of the Revenue Approved as to form: J. Dale Bimson City Atiomey This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $2,271.24 were approved by the Council of the City of Virginia Beach on the- day of 19 Ruth Hodges Smith City Clerk FOFtM ND. CA 8 REV. 3M 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 CRTY OF VIRGINIA BEACH. VIRGINIA: That the following applicabons for license refunds, upon cerfificafion of the Commissioner of to Revenue are hereby approved: NAL4E Ucense Date Base Ponafty InL Total Year Paid Fentress Seafood, Inc. 2321 Plantation Drive Va. Beach, VA 23454 1984/85 Audit 44.36 44.36 Jahnke, Linda M. T/A Countryside Shops/Sampler P. 0. Box 6161 329.65 329.f;5 Beach, VA 23456 1984/85 Audit Sanford, Cynthia L. & Claggett, Beth M. T/A Serious On Satisfaction 109 Chishol.m Drive i. Beach, VA 23452 1986 07/15/86 36.00 36.00 Certified as to Payment: Fob-ert P. Vaughan Commissioner of the enu. Attomey This ordinance shall be effective from date of adopbon. ieaboveabatement(S)totaling $410.01 were approved by the Council of the City of Virginia Beach on the- day of .19 Ruth Hodges Smith City Clerk R" NO. C.& 5 REV. 3M 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 cerufication of the Commissk)rw of the Rwwue are hereby approved: NAME Ucense Date Base Penalty lnt Total Year Paid Allen, Robert R. T/A Robert Allen Installations 210 N. Palmyra Drive Va. Beach, VA 23462 1984/85 Audits (2) 50.50 50.50 Computer Data Systems, Inc. One Curie Court ckville, MD 20850 1986 Audit 1,986.62 1,986.62 Hilti Corp. P. 0. Box 45400 -ilsa, OK 74145 1983/85 Audit 1,413.66 1,Al3.66 Certified as to Payment: Robert P. Vaughan Commissioner of the Revenue This ordinance shall be effective from date of adop@. rheaboveabatement(s)totaling $3,450.78 were approved by the Council of the City of Virginia Beach on the_ day of 119 Ruth Hodges Smith City Clerk - 30 - Item II-I.8 CONSENT AGENDA ITEM # 26071 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $8,097-41 and $19,420.70 upon application of certain persons and upon certification of the City Treasurer for Payment. 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. 7 9/8/86 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VFRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- 0 :tO Penalty Int. Total Y ear of Tax Number tion No. P id Dorchester Village Homes 86 RE(1/2) 26325-0 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26326-9 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26327-8 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26328-7 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26329-6 12/5/85 .40 rlorchester Village Homes 86 RE(1/2) 26330-3 12/5/85 .40 @orchester Village Homes 86 RE(1/2) 26331-2 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26332-1 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26333-0 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26334-9 12/5/85 .40 )orchester Village Homes 86 RE(1/2) 26335-8 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26337-6 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26338-5 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26339-4 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26340-1 12/5/85 158.49 Dorchester Village Homes 86 RE(1/2) 26341-0 12/5/85 .40 Dorchester Village Homes 86 RE(1/2) 26343-8 12/5/85 .40 Dorchester Village Homes 86 RE(2/2) 26325-0 12/5/85 .40 Dorchester Village Homes 86 RE(2/2) 26326-9 12/5/85 .40 Dorchester Village Homes 86 RE(2/2) 26327-8 12/5/85 .40 Dorchester Village Homes 86 RE(2/2) 26328-7 12/5/85 .40 Dorchester Village Homes 86 RE(2/2) 26329-6 12/5/85 .40 Wan Soo & Pia P Chung 86 RE(2/2) 17992-1 8/21/86 50.43 Christian Broadcasting Ntwk 86 RE(1/2) 17755-8 12/5/85 40.32 Christian Broadcasting Ntwk 86 RE(2/2) 17755-8 6/4/86 40.32 Joseph R & Patricia Freeman 85 pp 55989-6 48860 6/5/85 30.00 Frank L Howlett 85 pp 77303-9 48899 6/5/85 27.00 Sandra F & R D Pritchard 86 pp 131238-3 48972 5/23/86 75.18 Willie A Simons 86 pp 148091-3 49016 9/2/86 45.03 George A Thompson 86 pp 160969-7 48837 6/5/86 42.06 @arol A Whitbeck 86 pp 172900-4 48836 5/19/86 20.28 Total 537.51 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certified as to payment; were approved by the Council of the City of Virginia Beach on the-day of 4k@ John T. Atkinson, T...... urer Approved as to rotl Ruth Hodges Smith City Clerk &,/, j @, . City Attorney 9/8/86 E.MC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Y ear of Tax Mumber tion Mo. Paid p@ F & Sylvia Harris 84 RECl/2) 36529-5 11/28/83 13.21 13.21 ph F & Sylvia Harris 84 REC2/2) 36529-5 6/5/84 13.71 ph F & Sylvia Harris 85 RECl/2) 39232-6 11/27/84 85 RE(2/2) 39232-6 5/29/85 13.71 ph F & Sylvia Harris 3,16 eph H & Mildred Whichard 83 RE(1/2) 86256-0 12/5/82 3.16 H & Mildred Whichard 83 RE(2/2) 86256-0 6/5/83 3.25 40 H & Mildred Whichard 84 RE(1/2) 91422-8 12/5/83 3.25 eph H & Mildred Whichard 84 RE(2/2) 91422-8 6/5/84 6,44 eph H & Mildred Whichard 84 RE(1/2) 91422-8 12/5/83 6.44 H & Mildred Whichard 84 RE(2/2) 91422-8 6/5/84 3.67 H & Mildred Whichard 85 RE(1/2) 97003-1 12/5/84 85 RE(2/2) 97003-1 6/5/85 3.67 eph H & Mildred Whichard 12/5/84 7.36 eph H & Mildred Whichard 85 RE(1/2) 97003-1 85 RE(2/2 97003-1 6/5/85 7.36 eph H & Mildred Whichard 16.56 eph H & Mildred Whichard 86 RE(2/2 104317-5 6/5/86 83 RE(1/2 67998-3 11/16/82 26.00 ald F & Bonnie Y Reid 83 67998-3 6/5/83 26.00 ald F & Bonnie Y Reid 12/5/83 26.00 ld F & Bonnie Y Reid 84 RE 1/2) 72044-6 86 RE(2/2) 89785-1 5/6/86 12.62 ron Brown 86 pp 22370-2 48895 6/5/86 2,713.56 er King of Va Beach 3,437.10 Food Services Inc 86 pp 6634-7 48915 7/16/86 5.10 Ilite Systems Corp 86 pp 142207-7 48865 6/5/86 86 pp 95950-6 48867 5/26/86 190.50 rah L Lavely 154.50 phen P Michaels 86 pp 111144-8 48857 5/5/86 ual Federal S &L 86 pp 117337-2 48880 5/8/86 271.08 hard W & Teresa Erickson 86 pp 49902-2 48892 5/28/86 58.50 is V Standokes 86 pp 153704-2 48848 6/5/86 16.50 liam S Breed 86 pp 18190-8 48844 6/5/86 179.28 85 pp 48994-4 49020 5/30/85 30.00 hard W & Teresa Erickson 175.50 H Leasing Inc 85 pp 65957-3 48976 6/5/85 94.50 I & Joyce Frazier 85 pp 55767-4 48997 5/13/85 Dreano 86 pp 45622-9 48832 7/10/86 25.00 Total 7,559..90 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certified as to payment; were approved by the Council of the City of Virginia Beach on the- day of John T. Atkinson. Treasurer Approved as to form: Ruth Hodges Smith City Clerk J. Dale Bimson, City Attorney M NO. C.A. 7 9/4/Q6 EML, AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Number tion No. Paid ife Federal S& L 83 RECl/2) 78111-2 12/5/82 22.26 ife Federal S& L 83 RE(2/2) 78111-2 6/5/83 22.26 ife Federal S& L 84 RE(1/2) 82831-2 12/5/83 23.06 ife Federal S& L 84 RE(2/2) 82831-2 6/5/84 23.06 ife Federal S& L 85 RE(1/2) 87651-7 12/5/84 23.06 Federal S& L 85 RE(2/2) 87651-7 6/5/85 23.06 ]es W & Juanita Gardner 86 RE(2/2) 35046-9 8/13/86 111.02 harles W & Juanita Gardner 86 RE(2/2) 35047-8 8/13/86 10.00 harles W &Juanita Gardner 86 RE(2/2) 35048-7 8/13/86 25.78 harles W Gardner 86 pp 59215-3 8/13/86 79.05 rles W Gardner 86 pp 59218-0 8/13/86 10.00 a Washington Hotel 86 pp 104253-0 8/13/86 180.OC rtha Washington Hotel 86 pp 104255-8 8/13/86 lo..Oo rtha Washington Hotel 86 pp 104256-7 8/13/86 107.55 rtha Washington Hotel 86 pp 78968-2 8/13/86 28.80 ife Federal S& L 83 RE(1/2) 86485-3 12/5/82 18.00 ife Federal S& L 83 RE(2/2) 86485-3 6/5/83 18.00 ife Federal S& L 84 RE(1/2) 91660-9 12/5/83 18.00 ife Federal S& L 84 RE(2/2) 91660-9 6/5/84 18.00 Life Federal S& L 85 RE(1/2) 97292-1 12/5/84 22.00 Life Federal S& L 85 RE(2/2) 97292-1 6/5/85 22.00 Life Federal S& L 86 RE(1/2) 104565-4 12/5/85 22.00 Stanley Oliver 86 RE(2/2) 74038-8 8/11/86 11.06 Guy Cromwell Betz & Lustig 86 RE(1/2) 73217-3 2/20/86 121.65 ameron Brown Mortgage 83 RE(1/2) 74344-0 11/29/82 3.16 ameron Brown Mortgage 83 RE(2/2) 74344-0 5/24/83 3.16 Cameron Brown Mortgage 84 RE(1/2) 78884-6 11/9/83 3.17 Cameron Brown Mortgage 84 RE(2/2) 78884-6 6/5/84 3.17 Cameron Brown Mortgage 85 RE(1/2) 83192-2 12/5/84 3.83 Cameron Brown Mortgage 85 RE(2/2) 83192-2 615/85 3.3" P iiinion Bank 85 pp 43508-4 8/14/85 207.82 1 ewater Scales & Butcher 86 pp 161845-5 7/24/86 153.88 First Va Bank of Tidewater 86 RE(2/2) 42354-1 7/21/86 60.40 Harbour Point Building Corp 85 RE(1/2) 38559-3 12/5/84 5,112.00 Harbour Point Builsing Corp 85 RE@2/2) 38559-3 6/5/85 5,112.00 Harbour Point Building Corp 86 RE 1/2) 40756-9 12/5/85 3,800.00 Harbour Point Building Corp 86 RE(2/2) 40756-9 6/5/86 3,800.00 Fun Food N/A Sp Tax 2625-1 6/18/86 184.61 Total 19,420,70 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certified as to payment; were approved by the Council of the City of Virginia Beach on the- day of 4@ John T. Atkinson, Treasurer form: Ruth Hodges Smith Clty Clerk C, ty Ati - 31 - Item II-J.1/2 APPOINTMENTS ITEM # 26072 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: Arts Center Board of Trustees and Executive Committee Tidewater Transportation District Commission - 32 - Item II-K.l. UNFINISHED BUSINESS ITEM # 26073 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf City Council RATIFIED the following RESOLUTIONS by the correction of technical errors as recommended by the City Attorney and the Bonding Authority: RESOLUTION AMENDING RESOLUTION ENTITLED "RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND AWARD OF $26,090,000 G OBLIGATION PUBLIC IMPROVEKM REFUNDING BONDS, SERIES OF 1986, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING, IN PART, OF THE CITY'S $19,095,000 PUBLIC IMPROVEMENT BONDS, SERIES OF 1982, $1,300,000 GENERAL OBLIGATION ROAD BONDS, SERIES OF 1982, AND $27,970,000 PUBLIC IMPROVEMENT BONDS, SERIES OF 1984. A N D, RESOLUTION AMENDING RESOLUTION ENTITLED "RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND AWARD OF $8,235,000 GENERAL OBLIGATION WATER AND SEWER REFUNDING BONDS, SERIES OF 1986, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING, IN PART, OF THE CITY'S $7,500,000 GENERAL OBLIGATION WATER AND SEWER BONDS, SERIES OF 1982, AND $10,180,000 WATER AND SEWR BONDS, SERIES OF 1984. These RESOLUTIONS were ADOPTED September 11, 1986 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 At a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on the 22nd day of September, 1986, at which the following members were present and absent: PRESENT: Albert W. Balko Nancy K. Parker 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 John L. Perry ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of all members of the City Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Albert W. Balko Aye John A. Baum Aye Robert E. Fentress Aye Harold Heischober Aye Barbara M. Henley Aye Mayor Robert G. Jones Aye Reba @@. McClanan Aye John D. Moss Aye Vice Mayor Meyera E. Oberndorf Aye John L. Perry Aye Nancy K. Parker Aye RESOLUTION AMENDING RESOLUTION ENTITLED "RESO- LUTION AUTHORIZING THE ISSUANCE, SALE AND AWARD OF $26,090,000 GENERAL OBLIGATION PUBLIC IM- PROVEMENT REFUNDING BONDS, SERIES OF 1986, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING, IN PART, OF THE CITY'S $19,095,000 PUBLIC IMPROVEMENT BONDS, SERIES OF 1982, $1,300,000 GENERAL OBLIGATION ROAD BONDS, SERIES OF 1982, AND $27,970,000 PUBLIC IMPROVEMENT BONDS, SERIES OF 1984" ADOPTED SEPTEMBER 11, 1986 WHEREAS, it is necessary to amend the resolution entitled "Resolution Authorizing the Issuance, Sale and Award of $26,090,000 General obligation Public Improvement Refunding Bonds, Series of 1986, of the City of Virginia Beach, Virginia, Providing for the Form, Details and Payment Thereof and Providing for the Refunding, in Part, of the City's $19,095,000 Public Im- provement Bonds, Series of 1982, $1,300,000 General Obligation Road Bonds, Series of 1982, and $27,970,000 Public Improvement Bonds, Series of 1984" adopted September 11, 1986 (the Resolu- tion), to conform to the details of the $26,090,000 General Obli- gation Public Improvement Refunding Bonds, Series of 1986 (the Bonds), authorized thereby, as finally determined by Goldman, Sach & Co. and the City's financial advisors; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIR- GINIA BEACH, VIRGINIA: 1. The Resolution is hereby amended as follows: (a) Semiannual interest on the Bonds shall be pay- able beginning January 15, 1987, rather than July 15, 1987. Sec- tion 3 of the Resolution is hereby amended accordingly. (b) The second sentence of the form of the Bonds is hereby amended to provide that interest on each Bond is payable from September 1, 1986, if the Bond is authenticated prior to January 15, 1987, rather than if authenticated prior to July 15, 1 98 7 . -2- (c) Interest payments shall be made to the person shown as owner on the registration books on the last day, rather than the 15th day, of the month preceding each interest payment date. The second paragraph of Section 10 of the Resolution and the last paragraph on the back of the form of the Bonds are hereby amended accordingly. 2. Except for the amendments described above, the Reso- lution as adopted on September 11, 1986, is hereby ratified and confirmed. The undersigned Clerk of the City of Virginia Beach, Vir- ginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the City Council of Virginia Beach held on the 22nd day of September, 1986, and of the whole thereof so far as aoplicable to the mat- ters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of September, 1986. (SEAL) Clerk, City-of Virgini@ Virginia -3- At a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on the 22nd day of September, 1986, at which the following members were present and absent: 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 John L. Perry Nancy K. Parker ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of all members of the city council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Albert W. Balko Aye John A. Baum A:ye Robert E. Fentress Aye Harold Heischober Aye Barbara M. Henley Aye Mayor Robert G. Jones Aye Reba S. McClanan Aye John D. Moss Aye Vice Mayor Meyera E. Oberndorf Aye John L. Perry Aye Nancy K. Parker Aye RESOLUTION AMENDING RESOLUTION EN@ITLED "RESO- LUTION AUTHORIZING TIJE ISSUMCE, SALE AND AWARD OF $8,235,000 GENERAL OBLIGATION WATER AND SEWER REFUNDING BONDS, SERIES OF 1986, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF A.ND PROVIDING FOR THE REFUNDING, IN PART, OF THE CITY'S $7,500,000 GENERAL OBLIGATION WATER kND SEWER BONDS, SERIES OF 1982, AND $10,180,000 WATER AND SEWER BONDS, SERIES OF 1984" ADOPTED SEPTEMBER 11, 1986 - 2 - WHEREAS, it is necessary to amend the resolution entitled "Resolution Authorizing the Issuance, Sale and Award of $8,235,000 General Obligation Water and Sewer Refunding Bonds, Series of 1986, of the City of Virginia Beach, Virginia, Providing for the Form, Details and Payment Thereof and Providing for the Refunding, in Part, of the City's $7,500,000 General Ob- ligation Water and Sewer Bonds, Series of 1982, and $10,180,000 Water and Sewer Bonds, Series of 1984" adopted September 11, 1986 (the Resolution), to conform to the details of the $8,235,000 General obligation Water and Sewer Refunding Bonds, Series of 1986 (the Bonds), authorized thereby, as finally determined by Goldman, Sachs & Co. and the City's financial advisors; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIR- GINIA BEACH, VIRGINIA: 1. The Resolution is hereby amended as follows: (a) The Bonds shall mature in installments on July 15 rather than January 15 of the designated years. Section 3 of the Resolution and the maturity date as appearing at the be- ginning of the form of the Bonds are hereby amended accordingly. (b) semiannual interest on the Bonds shall be pay- able beginning January 15, 1987, rather than July 15, 1987. Sec- tion 3 of the Resolution is hereby amended accordingly. (c) The second sentence of the form of the Bonds is hereby amended to provide that interest on each Bond is payable from September 1, 1986, if the Bond is authenticated prior to 3 - January 15, 1987, rather than if authenticated prior to July 15, 1 98 7 . (d) Interest payments shall be made to the person shown as owner on the registration books on the last day, rather than the 15th day, of the month preceding each interest payment date. The second paragraph of Section 10 of the Resolution and the last paragraph on the back of the form of the Bonds are hereby amended accordingly. 2. Except for the amendments described above, the Reso- lution as adopted on September 11, 1986, is hereby ratified and confirmed. The undersigned Clerk of the City of Virginia Beach, Vir- ginia, hereby certifies that the foregoing constitutes a true and correct extract from the minijtes of a regular meeting of the City Council of Virginia Beach held on the 22nd day of September, 1986, and of the whole thereof so far as applicable to the mat- ters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of September, 1986. (SEAL) C@erk, Cil a Virginia 33 - Item II-I.K.2 UNFINISHED BUSINESS ITEM # 26074 ADD-ON Councilwoman Henley referenced in the Comprehensive Zoning Ordinance retail sales of garden supplies, equipment and material as a subsidary use to a plant nursery are listed as a conditional use under agricultural zoning. Councilwoman Henley believed same involved rather small operations; however, this is not clairified in the Comprehensive Zoning Ordinance. Same is a contrast to the road side stand. The road side stand is an allowable use in the agricultural area, but there are stipulations for a road side stand which Councilwoman Henley advised parallel what City Council intended for the plant nursery. This concern will be referred to the Council Committee comprised of Councilwomen Henley, Parker and McClanan. - 34 - Item II-K-3 UNFINISHED BUSINESS ITEM # 26075 ADD-ON Councilman Baum requested broad use of the agricultural zoning districts be reviewed. The City Manager advised this would be an endeavor in which regionalism could be involved and would recommend the Southeastern Virginia District Planning Commission review same. - 35 - Item II-L.1 NEW BUSINESS ITEM # 26076 PROPOSED CAPITAL IMPROVEMENT PROGRAM - 1986/1991 E. Dean Block, Assistant City Manager for Analysis and Evaluation, advised the first five years, 1987-1919, for the CAPITAL IMPROVEMENT PROGRAM is proposed at a total funding of $737,162,437 (including $166,837,246 of financing to date). Proposed authorization by category is summarized as follows: Category Five Year Totals Per Cent Schools $ 142,613,584 31.4 Engineering and Highways 256,099,933 56.5 Buildings 35,853,550 7.9 Parks and Reecreation 19,091,926 4.2 Total General Public Improvement 453,658,993 100.00 Public Utilities 283,503,444 Grant Total $ 737,162,437 This CAPITAL IMPROVEMENT PROGRAM was characterized by the extremely positive involvement by Council in its development. There has been a significant reallocation of resources as well as an expansion of the resources. Through a series of workshop and public meetings, the City Council provided through guidance regarding the use of charter authority, total funding levels, policy regarding referendum financing and the specific goals which are to be achieved. The CAPITAL IMPROVEMENT PROGRAM proposes spending $loo.6 MILLION for schools projets over the five-year period and an additional $78.6 MILLION in the second five years. It is proposed to meet the schools identified backlog over an eight- year period utilizing charter funding and referenda. The first of these referenda for four schools scheduled to serve 4,290 pupils, plus site acquisition for future schools, at a cost of $32.3 MILLION, has been scheduled for referendum in 1986. A backlog reduction program was identified as a part of the Master Street and Highway Planning process, and a ten-year funding horizon established. Charter and existing "pay-as-you-goll financing are to be suplemented by referenda and additional dedicated "pay-as-you-goll financing to provide adequate funding to meet the policy goal of completing the backlog system in ten years. The City is continuing to move forward in developing the Stormwater Mangement Plan. Meanwhile, known needs are being addressed within the limitations of existing funding. The City is proposing continuation of implementation of the Bikeway Plan. Within the first five years, 12 miles of free-standing bikeways will be constructed, in addition to significant bike lane mileage to be constructed a a part of roadway projects. The Resort Area Program is continuing to come into focus. Construction will begin this fall on the first three stub-street parks. The proposed CIP reflects a refinement of the project definitions identified last year. The Correction Center addition is proposed as a charter-bond financed project. Five (5) fire stations shall be constructed over the next five (5) years as a result of lease-purchase financing. The Kempsville Library and Police Precinct Building is anticipated to be completed within the first five-year period. - 36 - Item II-L.1 NEW BUSINESS PROPOSED CAPITAL IMPROVEMENT ITEM # 26076 (Continued) PROGRAM -1986/1991 This program area reflects Council policy to place the Great Neck Community Center before the public in November, 1986. Dean Block recommended the establishment of a Neighborhood Park Acquisition and Development Project aimed at acquiring neighborhood park land in areas of the City in which such park land is inadequate. A second major project i.9 the development of the presently owned but undeveloped 170 acres at Princess Anne. As in the past, the Water and Sewer five-year program is dominated by the Lake Gaston project, but also included are the TARGET AREA programs discussed. Councilman Perry requested a BAYSIDE and PRINCESS ANNE CO Y CENTER be included within the CAPITAL IMPROVEMENT PROGRAM. Councilman Perry wished the City Manger to include a REFERENDUM project for Bayside in 1989 and one for Princess Anne three years later. Councilman Heischober advised he would be out of the City on September Twenty-fourth. Councilman Heischober concurred his agreement with Councilman Perry relative the Community Genters and expressed concern relative "Debt Financing" vs "Pay-as-you-goll Financing. BY CONSENSUS, City Council devised the following SCHEDULE for the CAPITAL IMPROVEMENT PROGRAM: FISCAL YEAR 1986-1987/1990-1991 September 24, 1986 - 6:30 P.M- Workshop Conference Room September 29, 1986 - 2:00 PM Public Meeting October 6, 1986 - 2:00 PM Public Hearing FIRST READING October 13, 1986 - 2:00 P.M. SECOND READING - 37 - Item II-M.1 ADJOURNMENT ITEM # 26077 Upon motion by Councilman Perry and BY ACCLAMATION City Council ADJOURNED the Meeting at 10:35 P.M- Bev6'rly 0. Hooks Chief Deputy City Clerk th Hodge. Sith, CMC /b@ City Clerk "Y@ City of Virginia Beach Virginia