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JULY 14, 1986 MINUTES @it@ c:>f -VijL-94ii-ii@ "WORLD'S LARGEST RESORT CITY" Cln COUNCIL MAYOR ROBERT C,. ]ONES, A, L.,, VICE ADAYOR MEYERA E. OBERNDORF, A@ L.W AL.BERT W BALKO, Ly@.h.- B-,h JOHN A. BAUM. Blk-- B-gh ROBERT E. FENTRESS. V,,V@@ B,.h B-gh H@OLD HEISCHOBER, Al L.,, BARBAPA M. HENLEY, P.., B-.,h REBA S. Af@LILNAN. @- A@@ B-,h JOHN D. MOSS. K-p-11, @gh NANCY K. PARKER, Al L.,g@ JOHN L PERRY. By@i& B-.gh 281 CITY HALL BUILDINC A,fUNICIPAL CENTER RUTH HODGES SMITH. CMC, Ciy CLk CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 (8041 427-4303 July 14, 1986 VIRGINIA BKACR CITY COUNCIL ITEM I. IUORY-. SESSION: VIRGINIA B@ CITY COUNCIL Conference Room - 11:30 AM A. CAT-1- TO ORDER - Mayor Robert G. Jones B. ROLL RAT.T- OF CITY COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY ER'S INFORMAL BRIEFINGS 1. City's Judicial Facilities Honorable H. Calvin Spain, Judge E. NOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FO@ SESSION: VIRGINIA BEACH CITY COUNCIL Council Chambers 2:00 PM A. INVOCATION: Rabbi Israel Bornatein B'Nai Israel Congregation B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CAT-7. OF CITY COUNCIL D. APPROVAL OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. Approval of City Council Minutes of July 7, 1986. F. PRESENTATIONS 1. VIRGINIA BEACH SAFETY COUNCIL AWARDS a. Gay Kanpfmuller b. Ann K. Walters G. PUBLIC HEARING 1. PLANNING ITEMS a. Ordinance for the discontinuance, closure and abandonment of a portion of 20th Street in the petition of Sir Richards Partners (Virginia Beach Borougli). Recommendation: APPROVAL b. Ordinance for the discontinuanc(@, closure and abandonment of a portion of Lauderdale Avenue in th, petition of Richardson C. and Linda B. Bell and Donald W. and Selena Starbuck (Bayside BorouE@h). Appointment of Viewers DENIED May 19, 1986 Recommendation: DENIAL c. Application of Leonard R. Strelitz and Haynes Furniture Co., Inc., located on the north side of Virginia Beach Boulevard, 920 feet, more or less, west of Nelms Lane containing 12.87 acres (Bayside Borough). For a change of zoning from A-1 Apartment District to AND, For a conditional use Permit for motor vehicle sales, rental and related repair and service facilities Recommendation: APPROVAL d. Application of Ike and Don, Inc. for a conditio,,al ,se permit for mini@qarehouses located on t e .st side of Broad Meadows Boulevard, 165 feet nortli of Newtown Ro,d containing 2.4 acres (Bayside Borough); AND, For a conditional use Permit for an automobile service station in coniunction with a convenience store and car WaSh located on the northwest corner of Newto Road and Broad Meadows Boulevard containing 1.2 acres (Bayside Borough). Recommendation: APPROVAL e . Application of Sheldon Motors for a conditional use permit for motor vehicle rentals located at 1209 Baker Road, 250 feet more or less north of Northampton Boulevard containing 5.74 acres (Bayside Borough). Recommendation: APPROVAL f. Application of Dennis P. Murtland for a conditional use permit for a Jiffy Lube located on the south side of Indian River Road, 300 feet, more or less, east of Kempsville road containing 23,914 square feet (Kempsville Borough). Recommendation: DENIAL g. Application of Carr-Davis, Inc., for a change of zoning from 0-1 Office District to A-1 Apartment District located on the west side of Chimney Hill Parkway, 100 feet north of Smokey Chamber Drive containing 2.73 acres (Kempsville Borough). Recommendation: DENIAL 2. SPORTS AUTHORITY OF RAMPTON ROADS H. RESOLUTIONS 1. Resolution to amend the Articles of Incorporation of the Sports Authority of Hampton Roads, Virginia. 2. INDUSTRIAL DEVELOPMENT REVENUE BONDS Resolutions approving the issuance of Industrial Development Revenue Bonds: a. CBN University $5,000,000 b. CDP Partnership 600,000 c. Clark & Stant, P.C. 400,000 d. Hermes Abrasives, Ltd. 900,000 e. Ocean Ranch Motel 6,000,000 f. Pinetree Associates 350,000 g. Triton Towers Associaties 1,625,000 3. Resolution opposing the new "Experimental Policy to Control Vegetation"; and, to request the Virginia Department of Highways and Transportation to imnediately abandon this Policy. I. ORDINANCE 1. Ordinance to amend and reordain Section 21-377 to the Code of the City of Virginia Beach, Virginia, pertaining to open storage of Inoperative Vehicles. J. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an itern is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to amend and reordain Sections 2-129, 2-132, 2- 133, 2-134 and 2-139 of the Code of the City of Virginia Beach, Virginia, pertaining to Employee Grievances. 2. Ordinance to authorize acquisition of property in fee simple for right-of-way for Newsome Farms Area street improvements (CIP 2-945) and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation. 3. Ordinance authorizing and directing th@2 City Manager to execute an agreement between the City of Virginia Beach and the Virginia Department of Highways and Transportation regarding Raygood Road (CIP 2-836). 4. Ordinance upon SECOND @ING to accept and appropriate a Grant from the Department of Corrections totalin.@ $227,500 for the Virginia Beach Community Diversion Incentive Program. 5. Authorization of Staff's denial for an encroachment into Atlantic Avenue in the petition of Swimwear, Inc., t/a Price King. 6. Ordinance appointing viewers in the petition of Motor City Associates for a portion of Pennsylvania Avenue and Jeanne Street (Bayside Borough). 7. FINAL APPROVAL: Ordinance for the discontinuance, closure and abandonment of a portion of Knotts Island Road in the petition of Russell Simpson (Pungo Borough). (Deferred by City Council June 9, 1986. 8. LOW BID to W. F. Magann Corporation in the amount of $893,570.00 for the International Parkway Bridge. 9. LOW BID to Asphalt Roads and Materials Company, Inc., in the amount of $343,548.36 for the 1986-87 Bituminous Concrete Resurfacing Maintenance Schedule - Contract I. K. APPOINTMENTS 1. ARTS CENTER ADVISORY COMt4lTTEE 2. COM14UNITY DEVELOPMENT CORPORATION 3. ETHICS/CONFLICT OF INTERESTS ADVISORY COM4ITTEE 4. PLANNING COMMISSION 5. SOUTHEASTERN PUBLIC SERVICE AUTHORITY 6. SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION UNFINISHED BUSINESS 1. Ocean Park Beach M. NEW BUSINESS 1. Presentation - Desalting Paper Mr. Thomas Leahy, Water Resources DivisLon N. ADJOURNMENT PUBLIC MFETING "DOWNZONING" City Council Conference Room 7:00 P.M. Wednesday, July 16, 1986 AND Thursday, July 22, 1986 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 14, 1986 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert Jones in the Conference Room, City Hall Building, on Monday, JulY 14, 1986, at 11:30 A.M. Council Members Present: 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 Absent: John A. Baum (ENTERED: 11:32 A.M.) - 2 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L VIRGINIA BEACH SUN ITEM # 25696 Vice Mayor Oberndorf advised as per conversation with Pamela Lingle, Director of Public Information, apparently the VIRGINIA BEACH SUN is not distributed in Kempsville and Bayside. Mr. Greg Goldfarb, Editor of the VIRGINIA BEACH SUN, referenced if Members of Council are not receiving copies, they may advise him or Pamela Lingle. A subscription to this publication might be secured or copies to City Council may be gratis upon request. In this manner Members of Council would secure original copies of the Legal Notices as they are published. PD-H2 ORDINANCE ITE24 # 25697 Councilman Moss referenced the PD-H2 Ordinance. The PD-H2 Ordinance will be discussed at the City Council Workshop of July 18, 1986. - 3 - MAT T E R S BY T RE MAYOR FORMAT OF THE CITY COUNCIL'S AGENDA ITEM # 25698 Mayor Jones referenced the FORMAT of City Council's Agenda and inquired as to whether they would prefer to change same to a "two sided" version as now received by the City Manager and the City Attorney. The City Attorney's copy was passed around. Councilman Perry also referenced the repetition contained therein. CITY COUNCIL'S WORKSHOP ITEM # 25699 Mayor Jones referenced the CITY COUNCIL WORKSHOP to be held on July 18, 1986, in the Council Conference Room, commencing at 10:00 A.M. There will be further discussions of the CAPITAL IMPROVEMENT PROGRAM and Members of the RESORT AREA ADVISORY COMMISSION, will be in attendance at 2:00 P.M. The Mayor requested City Council advise him of other matters which they may wish be included in this WORKSHOP. CITY CLERK'S EXPLANATION OF FYI ITEM # 25700 The Mayor requested the City Clerk to explain the citizen's letters of concern in the FOR YOUR INFORMATION PACKET enclosed with the Council's AGENDA. The City Clerk advised if a citizen requests to be placed on the Agenda to express a concern and same in not scheduled, she requests they address the Honorable Mayor and Members of Council and forward the letter to her attention. The City Clerk then includes same in the FYI and then the City Council may sponsor that citizen to bring forward that concern to the agenda, if they deem it applicable. Upon receipt of any letter of concern, the City Clerk immediately delivers a copy of same to the City Manager and the applicable Department Head. Therefore, if the matter can be resolved administratively, the City Manager advises City Council and the citizen. When this does come forward on the City Council AGENDA, the letter will be included as a "left punch". When these concerns are expressed in writing, the City Clerk also advises citizens to call their BOROUGH REPRESENTATIVE and notifies them of the four AT- LARGE Council Members so they may contact same to sponsor them on the AGENDA. - 4 - INFORMAL SESSION PRESENTATION CITY'S JUDICIAL FACILITIES JulY 14, 1986 11:40 A.M. The City Manager introduced The Honorable H. Calvin Spain, who reiterated various statistics concerning the CITY'S JUDICIAL FACILTIES. In August 1981, Judge Spain was appointed to the District Court. In 1982 Judge Spain appeared before Council to advise of the growth deficiencies then existing and projecting future needs. As a result, the Council designed a Juvenile Domestic Relations Court Building to relieve the pressures of the Juvenile and General District Court. This Building was fully designed and funded in the City's Budget, but is presently on "hold" because of the intervening 14ASTER PLAN OF THE MUNICIPAL COMPLEX. In February 1984, Judge Spain was appointed to the CIRCUIT COURT and again was beseiged with remarks concerning deficiencies. In late 1984, or early 1985, needs were assessed on the CIRCUIT COURT Level. A discussion was held with the City Manager and various representatives of the City deferring same until the year 1995. Approximately $3 MILLION in funds would be necessitated for security, a major concern. At this time, the Judge was informed the City was commencing a study of the MASTER PLAN OF THE MUNICIPAL COMPLEX. If there exists a connection between the Court System and the Correction Center (Jail), Judge Spain cited several observations relative security: 1. Solves Transportation Problems. 2. Solves internal design for prisoners - allows their movement without public encounter. 3. Metal Detactors are needed. In the late Spring of 1984, a meeting was arranged with the Architects and the basic data was provided. In the Spring of 1985, Judge Spain, accompanied by Judge Moore of the Circuit Court investigated Court facilities in Alexandria, Fairfax and Prince William Counties which had constructed modern new facilities to address various problems. During the Summer and Fall of 1985, a series of meetings was held with the Architect. The Conclusion was reached that the Judical System could not exist in the present location. The Courts are the largest generator of the parking problem. To modify the existing buildings would be exorbitant. The security problem is almost impossible to address within the existing plan. The Parking Problem would be solved by moving the JUDICIARY to the opposite end of the Municipal Complex. In the Fall of 1985, the TENTATIVE MASTER PLAN was presented to City Council. Due to further requirements, the architects, WALLER, TODD AND SADLER, did not complete the MASTER PLAN until May, 1986. Judge Spain reiterated the five choices: 1. Do nothing. 2. Retain the status-quo. 3. Implement the new PLAN or a version of same. 4. Conceivably a high-rise structure could be utilized. (This is not a viable alternative.) 5. Decentralization of the Court Complex. - 5 - PRESENTATION CITY'S JUDICIAL FACILITIES (Continued) Judge Spain believed it obvious the Judiciary should be located next to the Jail. The following offices should be contained in this building: General District Court and ita Clerk's Office. The Circuit Court The Commonwealth Attorney's Office Public Defender's Office Office for the Court of Appeals Adult Probation. Sheriff's Admnistrative Office Small police office City's Law Library. A Cafeteria might be included in this Building, as well as a small office for the Virginia Beach Bar Association. The Court of Appeals, Adult Probation, the Public Defender, and the Bar Association would also be paying rent for space occupied as these are State agencies. Judge Spain cited possible financing: 1. Bonds 2. General Revenue 3. Concept of Lease Purchase. Last year the Court System generated $5 MILLION. - 6 - ITEM # 25701 Mayor Jones entertained a motion to permit Council and the Planning Commission to conduct its EXECUTIVE SFSSION (12:15 P.M.) 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. PUBLICITY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use o@ real property fcr 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 jurisdictiorl of the public body. Upon motion by Councilwoman Henley, seconded by Vice Mayor Oberndorf, 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 ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL July 14, 1986 2:20 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, JulY 14, 1986, 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 L. Perry Council Members Absent; None INVOCATION: Rabbi Israel Bornstein B'Nai Israel Congregation PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 25702 BY CONSENSUS, City Council APPROVED the ITEMS FOR THE FOR14AL AGENDA. 9 Item II-E.1 MINUTES ITEM 25703 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED the Minutes of July 7, 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 - 10 - Item II-F.1 PRESENTATION ITEM # 25704 Mayor Jones presented VIRGINIA BEACH SAFETY COUNCIL AWARDS to: Gay Kanpfmuller Ann K. Walters Gay Kanpfumuller, a Princess Anne High School Teacher, saved a gentleman tourist from Pennsylvania who was drowing at 47th Street on June 22, 1986. Ann K. Walters, a nurse, gave mouth-to-mouth resuscitation to a victim of epilepsy who had fainted in a grocery store on June 30, 1986. Item II-G PUBLIC RFARING ITEM 25705 Mayor Jones DECLARED A PUBLIC HEARING: PLANNING ITEMS a. SIR RICHARDS PARTNERS STREET CLOSURE b. RICHARDSON C. AND LINDA B BELL AND STREET CLOSURE DONALD W. AND SELENA STARBUCK c. LEONARD R. STRELITZ AND CHANGE OF ZONING AND HAYNES FURNITURE CO., INC. CONDITIONAL USE PERMIT d. IKE AND DON, ING. CONDITIONAL USE PERMITS e. SHELDON MOTORS CONDITIONAL USE PERMIT f. DENNIS P. MURTLAND CONDITIONAL USE PERMIT g. CARR-DAVIS, INC. CHANGE OF ZONING - 12 - Item II-G.1 PUBLIC HEARING PLANNING ITEMS ITEM # 25706 Attorney Grover Wright represented the applicant Thomas Coghill, the applicant was in attendance, but did not speak A MOTION was made by Councilman Fentress, seconded by Councilman Baum to ADOPT an Ordinance to DEFER 180 days for Compliance an Ordinance for the discontinuance, closure and abandonment of a portion of 20th Street in the petition of SIR RICHARDS PARTNERS. Councilman Fentress included in said Motion if it became necessary for the City to again retain this right-of-way, same will be resold to the City at the same purchase price obtained by Sir Richards Partners. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry* Council Members Absent: None *Verbal Nay - 13 - Item II-G.1 PUBLIC HEARING PLANNING ITEM # 25706 (Continued) Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance for the discontinuance, closure and abandonment of a portion of 20th Street in the petition of SIR RICHODS: Application of Sir Richards Partners for the discontinuance, closure and abandonment of a portion of 20th Street beginning at a point 100 feet east of Pacific Avenue and running in an easterly direction a distance of 50 feet. Said parcel is 20 feet in width and contains 1000 square feet. VIRGINIA BEACH BOROUGH. Voting: 6-5 Council Members Voting Aye: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry * Council Members Voting Nay: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones Council Members Absent: None *Verbal Aye 13a DENIED DENIED January 9, 1986 CERTIFICATE OF VESTING OF TITLE I, Grover C. Wright, Jr., attorney for Sir Richards Partners, do hereby certify that: 1. I am an attorney at law and represent Sir Richards Partners, the petitioner. 2. If the property described below is dis- continued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the adjacent landowner, Sir Richards Partners. The said property referred to herein is hereby described as follows: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, State of Virginia, designated as that twenty feet of 20th Street adjoining on the south that property known as Lot 17, Block 42, Plat No. 2, of Part of the Property of the Virginia Beach Development Company, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 1, at page 20 B; said twenty feet of 20th Street being shown on that certain survey entitled "Physical Survey of Lot 17, Block 42, Virginia Beach Development Co. Plat No. 2 (M.B. 1. p. 20B) for SIR RICHARDS PARTNERS, Virginia Beach Borough-virginia Beach", by John E. Sirine and Associates, Ltd., dated December 14, 1984, and recorded in said Clerk's Office in Deed Book 2380, at page 2181; said strip being bounded on the east by the southern 20 feet of that property now owned by The Capes Hotel, Inc., formerly known as Dundee, Inc., as shown on said survey. gh-E) Jr. Gizovi@it c. w)ti(-,ii,r. ii?. CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION SIR RICHARDS PARTNERS AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF 20TH STREET, IN VIRGINIA BEACH BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, Sir Richards Partners, to be presented to the City Council of the City of Virginia Beach, Virginia, on the day of , 1986, for the vacation of the hereinafter described public street in the City of virginia Beach, Virginia, was on the day of 1986, and on the _ day of , 1986, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of virginia Beach, Virginia, on the day of , 1986, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of virginia Beach, Virginia, on the - day of C,IiOVI-'.I@ C. 1986, appointed and as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; NOW, THEREFO@-, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of 20th Street in the Borough of Virginia Beach, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, State of Virginia, designated as that twenty feet of 20th Street adjoining on the south that property known as Lot 17, Block 42, Plat No. 2, of Part of the Property of the Virginia Beach Development Company, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in map Book 1, at page 20 B; said twenty feet of 20th Street being shown on that certain survey entitled "Physical Survey of Lot 17, Block 42, Virginia Beach Development Co. Plat No. 2 (M.B. 1, P. 20B) for SIR RICHARDS PARTNERS, Virginia Beach Borough-Virginia Beach, Virginia", by John E. Sirine and Associates, Ltd., dated December 14, 1984, and recorded in said Clerk's Office in Deed Book 2380, at page 2181; said strip being bounded on the east by the southern 20 feet of that property now owned by The Caps liotel, Inc., formerly known as Dundee, Inc., as shown on said survey. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of Sir Richards Partners, as grantee, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day o f 1986. TESTE: RUTIF SMITH, CITY CLERK By City Clerk - 14 - Item II-G.l.b PUBLIC HFARING PLANNING ITEMS ITEM # 25707 Attorney David A. Miller, Jr. , represented the applicant and presented a petition in support of said application. The City Clerk referenced a letter from Assistant City Attorney David S. Hay advising as the appointment of Viewers was DENIED on May 19, 1986, NO ACTION was necessary. (Said letter is herebey made a part of the record). Mary Griffith, resident of Lookout Road, spoke in opposition. Mrs. Griffith had signed the aforementioned petition in support of said application as Mr. Bell had signed a contract to purchase Mrs. Griffith's property and said contract had now expired. NO ACTION WAS TAKEN on an Ordinance upon application of RICHARDSON C. & LINDA B. BELL AND DONALD W. & SELENA STARBUCK for the discontinuance, closure and abandonment of a portion of Lauderdale Avenue (formerly Lake Avenue): Application of Richardson C. Linda B. Bell and Donald W. and Selena Starbuck for the discontinuance, closure and abandonment of a portion of Lauderdale Avenue (formerly Lake Avenue) beginning at the western boundary of Lee Avenue and running in a northwesterly direction a distance of 395-50 feet more or les5. Said parcel is variable in width from 33.83 feet to 50 feet and contains 19,187 square feet. BAYSIDE BOROUGH 1 5 Item II-G.l.c. PUBLIC HF.ARING PLANNING ITEMS ITEM # 25708 Andrew Fine represented the applicant Jay Wilks also represented the applicant Upon motion by Councilman Perry, secnded by Councilman Heischober, City Council ADOPTED Ordinances upon application of LEONARD R. STRELITZ AND HAYNES FURNITURE CO., INC. for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF LEONARD R. STRELITZ AND HAYNES FURNITURE COMPANY, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-2 Z07861109 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application of Leonard R. Strelitz and Haynes Furniture Company, Inc. for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-Business District on the north side of Virginia Beach Boulevard, 920 feet more or less west of Nelms Lane. Said parcel contains 12.87 acres. Plats with more detailed information are available in the Department of Plannning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LEONARD R. STRELITZ AND HAYNES FURNITURE COMPANY, INC., FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL AND RELATED REPAIR SERVICE FACILITIES. R0786851 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Leonard R. Strelitz and Haynes Furniture Company, Inc., for a Conditional Use Permit for motor vehicle sales and rental and related repair and service facilties on certain property located on the north side of Virginia Beach Boulevard, 920 feet more or less west of Nelms Lane. Said parcel contains 12.87 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. Category II screening provided on the eastern boundary of the site where the site abuts the A-1 Apartment District. 2. Reservation of 20 feet of right-of-way and a three by eight drainage easement and a variable temporary construction easement along Virginia Beach Boulevard in accordance with plans on file in the Office of the City Engineer. 3. No increase in the volume or rate of run-off into the Pavab Pit. - 16 - Item II-G.l.c PUBLIC HFARING ITEM # 25708 (Continued) PLANNING This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Pentress, 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 - 17 - Item II-G.l.d. PUBLIC HEARING PLANNING ITEM # 25709 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of IKE AND DON, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF IKE AND DON, INC. FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0786852 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ike and Don, Inc. for a Conditional Use Permit for mini-warehouses on certain property located on the west side of Broad Meadows Boulevard, 165 feet north of Newtown Road. Said parcel contains 2.4 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. Category II screening shall be provided along the northern property line adjacent to the existing residential. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, Nineteen Hundred and Eighty-six. - 18 - Item II-G.l.d PUBLIC HEARING PLANNING ITEM # 25709 (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 - 19 - Item II-G.l.d. PUBLIC HEARING PLANNING ITEM # 25710 Attorney Robert Cromwell represented the applicant A MOTION was made by Councilman Perry to ADOPT an Ordinance upon application of IKE AND DON, INC. for a Conditional Use Permit for a convenience store and car wash, excluding the gas pumps. This MOTION FAILED for lack of a Second. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of IKE AND DON, ING. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF IKE AND DON, ING. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE STORE AND CAR WASH R0786853 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ike and Don, Inc. for a Conditional Use Permit for an automobile service station in conjunction with a convenience store and car wash on certain property located at the northwest corner of Newtown Road and Broad Meadows Boulevard. Said parcel contains 1.2 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH The following conditions shall be required: 1. A variable width right-of-way dedication along the frontage on Newtown Road to match the realignment of Newtown Road on file in the City Engineer's Office. 2. A public restroom shall be provided. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, Nineteen Hundred and Eighty-six. - 20 - Item II-G.l.d PUBLIC HEARING PLANNING ITEM # 25710 (Continued) Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss and John L. Perry Council Members Absent: None - 21 - Item II-G.l.e. PUBLIC HEARING PLANNING ITEM # 25711 Henry Sheldon, President of Sheldon Motors, Inc., represented the applicant Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of SHELDON MOTORS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SHELDON MOTORS, INC. FOR A CONDITONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R0786854 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sheldon Motors, Inc., for a Conditional Use Permit for motor vehicle rentals on the west side of Baker Road, 250 feet more or less north of Northampton Boulevard. Said parcel is located at 1209 Baker Road and contains 5.74 acre. Plats with more detailed information area available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1 . The Conditional Use Permit shall be for a period of two (2) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 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 - 22 - Item II-G.l.f. PUBLIC HEARING PLANNING ITEM # 25712 Michael Inman represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DEFERRED for thirty days until the City Council Meeting of August 11, 1986, an Ordinance upon application of DENNIS P. MURTLAND for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DENNIS P. MURTLAND FOR A CONDITIONAL USE PERMIT FOR A JIFFY LUBE BE IT HEREBY ORDAINED BY THE COUNCIL THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dennis P. Murtland for a Conditional Use Permit for a Jiffy Lube on certain property located on the south side of Indian River Road, 300 feet more or leas east of Kempsville Road. Said parcel contains 23,914 square feet. Plats 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 - 23 - Item II-G.1g. PUBLIC HEARING PLANNING ITEM # 25713 Attorney R. J. Nutter represented the applicant Joseph A. Deviot, Jr., resident of adjacent townhouses Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of CARR-DAVIS, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF CARR-DAVIS, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO A-1 Ordinance upon application of Carr-Davis, Inc., for a Change of Zoning District Classification from 0-1 Office District to A-1 Apartment District on certain property lcoated on the west side of Chimney Hill Parkway, 100 feet north of Smokey Chamber Drive. Said parcel contains 2.73 acres. plats 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 - 24 - Ttem II-G.@2 PUBLIC HEARING ITEM # 25714 Mayor Jones DECLARED A PUBLIC HEARING: SPORTS AUTHORITY OF HAMPTON ROADS TO AMEND THE ARTICLES OF INCORPORATION There being no speakers, the MAYOR CLOSED THE PUBLIC HEARING. Th,VilginiaBcOchSun'julyg,1986 NOTICEOF PUBLIC HEARING ON ADOTPLON OF A RESOLUTION AMENDING. THE ARTICLES OF INCORPORATION OF THE SPORTS AUTHORITY OF ON ROADS, VIRGINIA Notioc is hercby givcn that the -Council (the Council) of thc City of Virginia.Bcach (the City) will hold a public hearing on 'the adoption of a resolution amcn- ding, jointly with the Cities of Ncwport News, Portsmouth, Norfolk, Virginia Bcach. Chesapeake. and Suffolk, Virginia, and the Board of Supcrvisors of lslc of Wight County, Virgiaia, Lhc Articles of incorporation of - Thc Sports Authority of Hampton Roads, Virginia, by adding the following .aoditional paragraph 5 thereto: 5. Urics3 sooner dis3olved In accordancc with thc provisions of Swdon 15.1-1286.1 of the Code of Virginia or 1950, as azncnded, thc Authority shall bc dissolvcd on Dccembcr 31, 2050; providcd. howcvcr, in thc cvcnt thcre arc any outstanding obligations of thc Authority on such date, the AuthoritY shau bc dissolvcd on thc date on which the last of such outstanding obligations shal,l have ibeen fully paid or discharged. 'nc public h&6ng, which may bc continued or adjoumed, wiu . be hcld at 2:00 p.m. on July 14, 1986, beforc thc Council in Council Chambcrs localed at the Municipal Ccnter of said City. Any person intercstcd in the amcndment to the Authority's Articics of Incorporation may appear and be hcard. A coPY.Of Lhc Council's rcsolution is on file and aviu'lablc for inspcaion - at thc offirc of thc City Clcrk at Room 281 in thc Municipal Cen- tcr of said City. 267-3 2t 7-9 VB - 25 - Item II-H.1 RESOLUTIONS ITEM # 25715 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council ADOPTED: Resolution to amend the Articles of Incorporation for the SPORTS AUTHORITY OF HAMPTON ROADS. 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, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John D. Moss Council Members Absent: None - 25s - RESOLUTION NO. A RESOLIJTION AMENDING, BY THE JOINT ACTION OF THE COUNCILS OF TIIE CITIES OF IIAMPTON, NEWPORT NEWS, PORTSMOUTII, NORFOLK, VIRGINIA BEACII, CHESAPEAKE, AND SUFFOLK, VIRGINIA, AND TIIE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, THE ARTICLES OF INCORPORATION OF THE SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA. WHEREAS, BY CONCURRENT ACT10N OF TIIE Cities of liampton, Newport News, Portsmouth, Norfolk, Virginia Beach, Chesapeake, and Suffolk, and the County of Isle of Wight (collectively, the "Participating Political Subdivisions"), Ttie Sports Authority of Hampton Roads, Virginia (the "Authority") was created on May 27, 1986; and WHEREAS, the Participating Political Subdivisions desire to ainend the Articles of Incorporation of the Authority to provide, as permitted by Section 15.1-1275(a) of the Code of Virginia of 1950, as amended, a specific term of existence for the Authority; and WIIEREAS, a public hearing has been held witli respect to the amendment to the Articles of Incorporation of the Authority; NOW THEREFORE, BE IT Xi-'ISOt,VED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACii, VIRGINIA: 1. That it does hereby approve the foregoing recitals which are deemed to be incorporated lierein as part of this Resolution as if fully set forlh lierein. 2. That it does hereby amend, concurretitly with the Cities of Newport News, PortsmouLh, Norfolk, Virginia Beach, Cliesapeake, and Suffolk, and the County of Isle of Wiglit, the Articles of Incorporation of the Authority by adding the following provisions as an additional paragraph 5: 5. Unless sooner dissolved in accordance with the provisions of Section 15.1-1286.1 of the Code of Virginia of 1950, as amended, the Authority shall be dissolved on December 31, 2050; provided, however, in the event there are any outstanding obligations of tlie Authority on such date, the Authority shall be dissolved on the date on which the last of such outstanding obligations shall have been fully paid or discharged. - 25b - 3. Except as hereiii ameiided, the Articles of Incorporation of the Authority sliall remain in full force and effect. 4. This Resolution will be effective provided the Councils of the Cities of Newport News, Portsmouth, Norfolk, Virginia Beach, Chesapeake, and Suffolk, and the Board of Supervisors of the County of Isle of Wight adopt similar resolutions or ordinances amending the Articles of Incorporation of the Authority as set forth above. Adopted by the Council of the City of Virginia Beach, Virginia on - July 14, 1986 NEW/jmh 0 6 / 1 2 / 8 6 (RES.1) AP!IPOVED AS TO CONTEN-I'S p, A r' -2- - 26 - Item I .2b/d/@/f/ INDUSTRIAL DEVELOPMENT REVENUE BONDS ITEM # 25716 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED Resolutions approving the issuance of Industrial Development Revenue Bonds to: CDP Partnership 600,000 Hermes Abrasives, Ltd. goo,ooo Ocean Ranch Motel 6,ooo,ooo Pinetree Associates 350,000 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 14, 1986 BOND ISSUES FOR COUNCIL'S JULY 14, 1986, AGENDA; DEVELOPMENT AUTHORITY PRIORITY 1 MANUFACTURING Hermes Abrasives, Ltd. - $900,000 DEVELOPMENT AUTHORITY PRIORITY 2 MOTEL/HOTEL Ocean Ranch Motel Corporation- $6,000,000 DEVELOPMENT AUTHORITY PRIORITY 3 STUDENT HOUSING CBN University - $5,000,000 DEVELOPMENT AUTHORITY PRIORITY 4 OFFICE Clark & Stant, P.C. - $400,000 No allocation is required on the following; therefore, no Development Authority Priority is necessary. REFUNDING BONDS CDP Partnership - $600,000 Pinetree Associates - $350,000 Triton Towers Associates - $1,625,000 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: CDP Partnership 2. LOCATION: 520 South Independence Blvd. Virginia Beach, VA 3. DESCRIPTION OF PROJECT: Medical and professional office building and related improvements 4. AMOUNT OF BOND ISSUE: $600,000 5. PRINCIPALS: Curtis R. Catron Paul W. Utterback Donald A. Dahlman 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 b. is rezoning proposed? Yes No Xx C. If so, to what zoning classification? Exhibit D ,ISCAL IMPACT STATEMENT @'OR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: TliE CITY COUNCIL OF VIRGINIA BEACEI, VIRGINIA PROJECT NAME: CDP Partnership TYPE OF FACILITY: Medical and professional office building and related improvc@itic-,nts 1. Maximum amount of financing sought $ 600,000 2. Estiinated taxable value of the facility's real property to be constructed in the municipality $ 701 000 3. Estiinated real property tax per year using present tax rates $ 5,024 4. Estiiuated personal property tax per year using present tax rates $ 2,000 5. Estiinated merchants' capital (business license) tax per year using present tax rates $ 2,500 6. Estiinated dollar value per year of goods and services that will be purchased locally $ 250,000 7. Estiinated nuinber of regulac- einployees on year round basis $ 50 8. Average annual salary per employee $ 15,000_ Tiie iiiformation contained in tliis Statement is based solely on facts atid estimates provided by tlie Applicant, and the Autliority lias niade no indepenlient investigation with repect thereto. City of virginia Beach Development Authorit Bv c PROjECT NAME: CDP PARTNERSHIP PROJECT LOCATION: 520 South Independence Blvd., Virginia Beach, VA PROJECT DESCRIPTION: Medical and professional Office building and related improv,ment, A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on July 14, 1986. On Motion by Councilman Heischober and seconded by Coucnilman @Moss the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT RE- FUNDING REVENUE BONDS TO CDP PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of CDP Part- nership (the "Company") for the issuance of the Authority's in- dustrial development refunding revenue bonds in an amount not to exceed $600,000 as amended by a resolution adopted by the Authority dated May 7, 1982 (the "Bonds") to assist in financ- ing the refunding of the Authority's $600,000 Industrial Devel- opment Revenue Bond (CDP Partnership Facility) Series of 1982 which was issued for the purpose of financing the Company's ac- quisition, construction and equipping of a medical and profes- sional office building and related improvements (all improve- ments and land being collectively referred to as the "Facility") in Virginia Beach, Virginia, and has held a public hearing thereon on July 8, 1986; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, 1950, as amended, 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, have been filed with the Council of the City of Virginia Beach, Virginia; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Developinent Authority, in a principal amount not to exceed $600,000 for financing the refunding of the Authority's $600,000 Industrial Development Revenue Bond (CDP Partnership Facility) Series of 1982 which was issued for the purpose of financing the acquisition, construction and equipping of a med- ical and professional office building and related improvements located at 520 Independence Boulevard South, Virginia Beach, Virginia, for the benefit of CDP Partnership, to the extent re- quired by Section 103(k) of the Internal Revenue Code, to per- mit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as apiended, the Bond shall provide that neither the City nor the -2- Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the reve- nues 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. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of virginia Beach, Vir- ginia, on July 14, 1986. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held July 14, 1986. Clerk -3- SUMMARY SHEET CITY OF VfRGINIA BEACH DEVELOPMENT AUTHORI~'y INDUSFRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: Hermes Abrasives, Ltd. 524 Viking Drive Virginia Beach, Virginia Addition to ex~sti.ng manufacturing plant to add an administr~tige building and acquire machinery and equipment ,(900~000 Hermes Abrasives, Inc. N~orddeutsche Schleifmittel Industri 6. ZONING CLASSIFICATION: Presgnt zoning classification of Property the b. I~ rezoning proposed? c. If so, to what zoning classification? _industrial ' Yes . No X City Council of Virgillia Beacil, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATE@IENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING June 12, 1986 Hermes Abrasives, Ltd. Addition of Administrative Building and Acquisition of Machinery and Equipment 1. Maximum amount of financing sought $900,000 2. Estimat6d taxable value of the facility's real property to be constructed in the municipality $225,000 3. Estimated real property tax per year using present tax rates $ 11800 4. Estimated personal property tax per year using present tax rates $ 17,250 5. Estimated merchants' capital tax (business 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 $ 60,000 7. Estimated number of regular employees on year round basis* 2 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 ilivestigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORI By_ *Retained Employees - 232 @,irmar/ Economic Impact Statement 1. Amount of investment $900,000 2. AmOunt of industrial revenue bond financing sought $ 900,000 3. EStimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 225, 000 4. Estimated real property tax per year using present tax rate $ 1,800 5. Estimated personal property tax $ 17,250 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 2 B. Payroll generated 'y 30,000 Av. Wacj(, $ 15,000 C. Number of jobs retained 210 D. Payroll retained $ Av. Wage $ E. Estimate of the value ol' goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Bui I ding $ 225, 000 $ $ $ $ F. Estimated buiiding permit fee and other inunicipal fees $225 2 G. Estimated construction payroll $ H. Estimated value of construction material to be purchased within the CitY of Virginia Beach $ Estimated number of construction jobs 15 J. Any other items of which th, applicant feels tlie Authority should be made aware of in evaluating the prolect Tiiv(@sttTl(,nrs ,ire b(,in@, @ion c@lp;lciry. 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes x No G. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x No 10. Location of project (attach location map) 52 VA 23452 11. Explanation of alternative financing that has been reviewed for project Norie I hereby certify that the informdtion stated in the above Economic Impact Statement is accurate and true in all respects. 3 6 1 Sub@cribed and sworn to before me this // i day of I 1 9 814,c 1 U" @4 -/. Notary Public My Commission Expires: j 9, /0@ iP I I I PROJECT NAME: Hermes Abrasives, Ltd. ...@ROJEC!T, ADDRESS: 524 Viking Driv t 4 I I e Virginia Beach, VA TYPE OF PROJECT: Addition to existing manufacturing plant to add an administrative building and acquire machinery and equipment. 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 14 day of July 1 1986. On motion by Councilman Heischober and seconded by Moss the follow- ing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR HERMES ABRASIVES, LTD. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authorit@,), adopted a resolution (the Prior Resolu- tion) an April 10, 1984, agreeiiig, among other things, to assist liermes Abrasives, Ltd. (the Compally) in the financing of the Company's construction and equipping of ari addition to its existing manufacturing plaiit (the Facility) located at 524 Viking Drive in the City of Virginia Beach, Virginia, and to be owned by the Company, by the issuance of its industrial development revenue bonds in an amount not to exceed $1,500,000 (the Bonds); and WHEREAS, the Company has requested that the Authority ameiid the Prior Resolution to issue its industrial develop- ment revenue bonds in an amount not to exceed $900,000 to assist in the financing of the Company's construction and equipping of the Facility to add an administrative building aiid to acquire machinery and equipin(@nt and the Authority has agreed to finance the Faci-lity pursuant to a resolution duly adopted by the Authority on June 10, 1986, and has held a public hearing thereon oil July 8, 1986; and WHEREAS, the Authority has reconunended that the City Council (the Council) of City of Virgirlia 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, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, and has authorized the City Manager to submit an application to the Virginia Department of Housing and Conuuunity Devclopment requesting $900,000 from the "State Reserve", as defined in Executive Order 54(85) of the Gover- nor of the Commonwealth of Virginia dated January 23, 1985 (the Executive Order), witli respect to the issuance of the Bonds; WHEREAS, a copy of the Authority's resolution approving the issuance of tlie Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a state- ment 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 TFIE 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 Couiicii of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authoritl, to assist in the financing of the Facility for the benefit of the Company, to the extent of and as required by Sectioii 103(k) of the Internal Revenue Code o@' 1954, as amended. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthi- ness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City iior the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, 2 and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. Tlie City Maziager is hereby authorized and directed to submit an application to the Virginia Department of liousing and Community Development requesting $900,000 from the "State Reserve", as defined in the Executive Order with respect to the issuance of the Bonds. 5. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on July 14, l98q986. 3 SUMMAIZY SliEET CITY OF VIRGINIA BLACII DEVII'LOPMENT AUTIIOFZITY INDUSTRIAT, I)EVEI,OPME.NT REVENUE BON[@ 1. PROJEC'F NAME: OCEAN RANCH MOTEL 2. LOCATION: 3107 ATLANTIC AVENUE 3. DESCT@llTION O];' P-ROJI@CT: 125 UNIT MOTEL WITH MEETING SPACE, OFFICE SPACE AND PESTAURANT 4. A14OUNT OF BOND ISSUE: $6,000,000 5. PRINCIPAIIS: SYLVIA GREENSPOC)N JACK GREENSPOON LORT GREENSPOON 6. ZONING CLASSIF-'ICATION: a. Preselit zoning cldssification H-2 of the T-Droperty b. I.,i rezoiiinci Droposed? No C. If so, to what zoning classification? FISCAL IMP,KCT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE. 'L@Y 1, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT UAME: OCEAN 14ANCII @IOTEL CORI'Ol@ATIO@N TYPE OF FACILITY: MOITEL 1. Maximum amount of financing sougbt $ 6 , 0 0 0 , 00 0 2. Estimated taxable value of t-he facility's real property to be constructed in the municipality $ 6,ooo,ooo 3. Estimated neal property tax per year using prestnt tax rates $ 48,60C) 4. Zstimated personal property tax per year u3ing present tax rates $ 10,000 5. Estimated rnerchants' capital (busitiess liceiise) tax per year using p-esent tax i:ates uiiknown 6. Estimate6 dollar value per year of goods and services that will be purchase@,l locally $ 49,000 7. Estiinated number of regular employees on year round basis $ 30 B. Avetage annual salary per employee $ 10,000 The inforiuatioli contained ii-i tliis Statement is based solely on facto @ind estimat,,-s 1)rovided by the Appliczint, and the Authority has made no iiidependent investigatioti witn respect thereto. City of Virginia Beach Development Authority ECONOMIC IMPACT S,rAlrEMENT $ 6,000,000 1. Amount Of investinent .I 'Dond financing 2. 7,mountIOf industrial revenue $ 6 , 0 0 0 , 00 0 sou@ht Estimatcd taxable valu@ Of the fac"'ty' S @12a property to be constructed in the City of $ 6 , 000 , 0 00 vir(jinia Beach Fstimated real property tax per year using 4 8 , 6 0 0 present tax rate y 9 , 0 0 0 5. Fstimated personal proper"y tax 6. Econolaic impact statement 6emonStrating tile overall return to the city: A. NuDiber of new jc)bs 30 possible B. fated $ 30 0 , 0 00 Av. Wage 0 payroll gene $ 10 000 I c. Number of j(jbs retained D. payroll retained $ pv. Wage $ E. Estimate of the value of goods and s(Irvices purc:hased witt,in the ]eographic boundary of virginia Beach by tyiDe (inventory, idachinery, pi:ofesIsi6nal services, insurance, irotor vehicles, etc.): TypL value Insurance 20,000 Accounting & Logal 5,00(' Automobile 1010 -Tcli)air scrviccs 1 2 , 0 0 0 TOTAL $ 49 000 F. Estiinated building L)ermit fac and other municipal fees $ 130,420 G. Estimated construction payroll $ 2 , 0 0 0 , 0 0 0 ii Estirnated value of coristruction inaterial to be purcbased within the City of Virginia Virginia Beach $ 1 , 50 o , o o o I. Es timated number of construction jobs 85 J. Any other items wliich the applicant feels the Authority sliould be madq awar@,@f in evaluating thc project Pro3ect wi upcjrlide facilit@s along Atlaritic Avc@riue zand support tourist industry 7. Is the site currently zoned for tlie-specific use being proposed for industrial revenue bond financing? Yes x No 8. iias a bond purcliase agrccment/commitment been accepted by the applicant? (attach a copy) Yes No X 9. 1/2qill tl)e bond f inancing close within 90 days from the date of arloption of the tlie inducem(,Iit resolutiL)ll-? Yes X No 10. Loczition of 1)roject (attach locition map) 3107 Atlantic Aveiiuc, Va. Beach, VA 11. Explanation of, alternative financing that lias been reviewed for 13roject None I bereby certify tbat thL inforinatioii stated in tlie above Economic Im@'dct Stat(:'Tierlt is accurate and true in all resl)ects. -FAC,E)i icant) 1985. Subscribed and sworn to before me this day of Nota@@ubli, MY COmmission Expires: 9 ,Y CIIESAPEAKF BEACII ND,-, ft A-@ I)UCK REts:,@ NGs C Rki4Y EDWING@ R NAIIE Oil PROJECT: OCEAN RANCII 110"EL PTZO.JE@,'CT ADDRESS: 3107 ATLAN'fl-C AVENUE TYPE OF' PRO,JECT: !,IOTI-L RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT RLVENUE BONDS FOR OCEAN RANCH MOTEL CORPORATION WHEREAS, the City of Virginia Beacn Development Autliority (the Authority) has considered the application of Ocean Ranch Motel Corporation (the Cornpany), for the issuance of the Autl-iority's industrial development revenue bonds in an amount not to exceed $6,000,000.00 (the Bonds) to assist in the financing of tlie Company's construction and equipl)ing of a 125 room motel with meeting rooms, office soace and restaurant and the renovation of tlie existing 42 units (the Facility) to be located at 3107 Atlantic Avenue in the City of Virginia Beach, Virginia, and ',las held a public hearing thereon on July 8, 1986, and WHEREAS, the Aut:hority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950, as amended, a copy of t,-ie 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, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIrZINIA BEACH, VIRZINIA: 1. The Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds by the City of Virginia Beach Development Autliority for the benefit of ocean Ranch Motel Corporation to the extent of and as required by Section 103(k) of t',-ie Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of tl-le Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or t-,ie creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds sliall provide that neit',,ier the City nor t,ie Authority shall be obligated to pay the Bonds or LI-ie interest t7nereon or oe,,ier costs incident tl-iereto except from tlie revenues and monies pledged therefor, and neither tlie faith nor credit nor the taxing power of the Commonwealth, the City, or the Aut7nority shall be pledged thereto. 3. In approving the Resolution, tlie City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) tl-ie Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more otl-ier projects if t@,ie issuance of tax exempt bonds by the Autliority is restricted by any state or federal statute now or hereafter enacted, or (2) tl-ie Authority's failure for any reason after the issuance of bol-ids for the Facility to allocate a portion of its allowable industrial develol?ment revenue bond volume to the Facility if ene issuance of tax exempt bonds by the Aut7nority is restricted by any state or federal statute now or thereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of tlie Council of the City of Virginia Beach, Virginia, on July 14, 1986. 05017/gmd/COM -2- SUMMARY SIIEI,"T CITY OF VIRGINIA BEACII DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND 1. Project Name: Pinetree Associates, a Virginia General Partnership 2. Project Location: 1016 First Colonial Road, Virginia Beach, Virginia 23454 3. Description of Project: 5,300 SQUARE FOOT OFFICE BUILDING 4. Amount of Refunding Bond Issue: $350,000.00 5. Principals CLARKE RUSS CHARLES M. EARLEY, JR. JOIIN P. CLARKE J. ROBERT MORRIS WAYNE W. FERGUSON 6. Zoning Classification: (a) Present zoning classification of the property? 0-1 (b) Is rezoning proposed? Yes No -x (c) If so, what zoning classification? N/A REDA/6160.3.C FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND FINANCING DATE: J-ULY 8, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACfl, VIRGINIA PROJECT NAME: PINETREE ASSOCIATES, A VIRGINIA GENERAL PARTNERSlilP TYPE OF FACILITY: 5 300 SQUARE FOOT OFFICE BUILDING AND REAL PROPERTY LOCATED AT 1016 FIRST COLONIAL ROAD, VIRGINIA BEACH, VIRGINIA 23454 1. Maximum amount of financing sought $350,000.00 2. Estimated taxable value of the facility's $500,000.00 real property currently existing in the municipality 3. Estimated real property tax per year using $ 4,000.00 present tax rates 4. Estimated personal property tax per year $ 4,000.00 using present tax rates 5. Estimated merchants' capital (business $ lo ooo o o license) tax per year using present tax rates 6. Estimated dollar value per year of goods $500,000.00 and services that will be purchased locally 7. Estimated number of regular employees on 20 year round basis 8. Average annual salary per employee 15,000.00 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 witli respect thereto. City of Virginia Beach Development Authority By Chairman REDA/6160.4.C ORE 'ES LINKI FA@ Pf EEAC H LINLIER@ MAN@- C9 PROJECT NAME Pinetree Associates, a Vi,rginia general partnership PROJECT ADDRESS: 1016 Fi-rst Colonial Road Virginia Beach, Virginia TYPE OF PROJECIT: Office Building RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND PINETREE ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP WIIEREAS, the City of Virginia Beach Devclopment Authority (the "Authority") has considered the application and plan of refunding and financing of Pinetree Associates, a Virginia general partnership (the "Purchaser") for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed Three liundred Fifty Thousand Dollars ($350,000.00) (the "Bonds") to refund an outstanding bond identified as the Four Ilundred Thousand Dollar ($400,000.00) City of Virginia Beach Developinent Autliority 1982 Industrial Development Revenue Bond (Pinetree Associates Facilit-y) (the "Original Bond") and thereby assist in the financing of a 5,300 square foot office building and real property located at 1016 First Colonial Road, Virginia Beach, Virginia (the "Facility"), and after proper notice in a newspaper of general circulation has held a public hearing thereon on July 8, 1986, pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; and WHEItEAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds in compliance with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-i378.1 Code of Virginia, 1950, as ainended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reason- ably detailed suminary of the comments expressed at the public hearing, if any, as well as the Fiscal Impact Statement and other reqiiested docu- ments, have been filed with the 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 Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Pinetree Associates, a Virginia general partnership, to the extent of and as required by Section 103(k) of the -1- Internal Reventie Code, to perinit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the 13onds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Purchaser; but, pursuant to Chapter 643, Virginia Acts of Asseinbly of 1964, as amended, the Bonds sliall provide that neither the City nor the Authority sliall be obligated tc) pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. 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 July 1986. REDA/6160.2.C -2 - - 27 - Item II-H.2.g INDUSTRIAL DEVELOPMENT REVENUE BONDS ITEM # 25717 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED a Resolution approving the issuance of Industrial Development Revenue Bonds: Triton Towers Associaties 1,625,000 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 John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker* Council Members Absent: None *Verbal Abstention SUMMARY SliEET CITY OF VIRGINIA BEACII DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND 1. Project Name: Triton Towers Associates, a Virginia Limited Partnership 2. Project Location: 23rd Street and Atlantic Avenue, Virginia Beach, Virginia 3. Description of Project: 39 6 24 SQUARE FOOT I-IOTEL CONTAINING 64 UNITS 4. Amount of Refunding Bond Issue: $1,625,000.00 5. Principals: SURF AND SAND, INC., a Virginia Corporation, NORMAN LEVINE LAWRENCE R. SIEGEL 6. Zoning Classification: (a) Present zoning classification of the property? H-2 (b) Is rezoning proposed? Yes No x (c) If so, what zoning classification? N/A REDA/6148.5.C FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND FINANCING DATE: J-ULY 8, 1986 TO: TliE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: TRITON TOWERS ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP TYPE OF FACILITY: 39,624 SQUARE FOOT HOTEL (64 UNITS) AND REAL PROPERTY LOCATED AT 23RD STREET AND ATLANTIC AVENUE, VIRGINIA Bl-'IACH, VIRGINIA 1. Maximum amount of financing sought $1,625,000.00 2. Estimated taxable value of the facility's $2,500,000.00 real property currently existing in the municipality 3. Estimated real property tax per year using $ 20 00 0 .00 present tax rates 4. Estimated personal property tax per year $ 13,000.00 using present tax rates 5. Estimated merchants' capital (business $ 12 O 00 .00 license) tax per year using present tax rates 6. Estimated dollar value per year of goods $ ioo,ooo.oo and services that will be purcha8ed locally 7. Estimated number of regular employees on 12 year round basis 8. Average annual salary per employee 12 00 0 .00 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 re5pect thereto. City of Virginia Beach Development Authority By REDA/6148.3.C PALAN' 4 Bi,d Nk Pt 7 8 N g Pi@, BEACH L IA 116N 11 12 PROJECT NAME Triton Towers Associates, a Virginia limited partnership PROJECT ADDRESS: 23rd and Atlantic Avenue Virginia Beach, Virginia TYPE OF PROJECT: Hotel RESOLUTION APPROVING TIIE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND TRITON TOWERS ASSOCIATES, A VIRGINIA LIMITED PARTNERSfIlP WHEREAS, the City of Virginia Beich Development Authority (the "Authority") has considered the application and plan of refunding and financing of Triton Towers Associates, a Virginia limited partnership (the "Purchaser") for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed One Million Six Ilundred Twenty-Ilive Tbotisand Dollars ($1,625,000.00) (the "]3onds") to refund an outstanding bond identified as the One Million Six liundred Twenty-Five Thousand Dollar ($1,625,000.00) City of Virginia Beach Development Authority 1982 Industrial Development Revenue Bond (Triton Towers Associates Facility) (the "Original Bond") and thereby assist in the financing of a 39,624 square foot hotcl (containing 64 units) and real property located at 23rd Street and Atlantic Avenue, Virginia Beach, Virginia (the "Facility"), and after proper notice in a newspaper of general circulation has held a public hearing thereon on July 8, 1986, pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; and WIIEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds in coinpliance with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WIIEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reason- ably detailed summary of the comments expressed at the public hearing, if any, as well as the Fiscal Impact Statement and other requested docu- ments, have been filed with the Council of the City of Virginia Beach, Virginia; TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TTIE CITY OF VIRGINIA BEACII, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Triton Towers Associates, a Virginia -1- limited partnership, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Purchaser; 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 tc) pay the Bonds or the interest tbereon or other costs incident thereto except f rom the re veliues and moni es pledged there fore , and nei ther tlie fai th or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resoltition shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia J3each, Virginia on July 1,4 1986. REDA/6148 .4.C -2 - - 28 - Item II-H.2.a. INDUSTRIAL DEVELOPMENT REVFKUE BONDS ITEM # 25718 Assistant City Attorney Kevin Consgrove responded to Council's inquiries and advised the Circuit Court had determined CBN was a proper party to receive Industrial Revenue Bonds Upon motion by Councilman Moss, seconded by Councilman Perry, City Council DEFERRED until the City Council Meeting of August 4, 1986, a Resolution approving the issuance of Induotrial Development Revenue Bonds: CBN University $5,000,000 This DEFERRAL will enable a representative of the applicant to be present to respond to Council's inquiries concerning student housing and dormitories. 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-H.2.c. INDUSTRIAL DEVELOPMENT REVENUE BONDS ITEM # 25719 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council ADOPTED a Resolution approving the issuance of Industrial Development Revenue Bonds: Clark & Stant, P.C. 400,000 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 4/25/84 EX]ITBIT P SUMMAIIY SIIEET CITY OF VIRGINIA BI]ACII DEVR@LOPMENT AUTIIORITY INDUS'ZRIAL DEVEI,OPMENT REVENUP BOND 1. PROJECT NAME: Clark & Stant, P.C. Project 2. LOCATION: one Columbus Center suitos 900 & 802 3. DESCRIPTION OF PROJECT: Expansion of corporate headquarters by construction at 1(,asehol@fmpr-OVEM-ents & acquisition of furnishings & equipment 4. AMOUNT OF BOND ISSUE: $4 00 ooo 5. PRINCIPALS: Donald 11. Clark Tliomas R. Frantz F.T. Stant, III Stephen C. Swain Thomas B. Shuttleworth Gregory Giordano Robert Ruloff Mary Keating Douglas E. Kahle Thomas E. Snyder SLephen Burke 6. ZONING CLASSIFICATION: a. Presciit zoning classification of tlie Property 3 b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE,. Juiie 10, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Clark & Stant, P.C. TYPE OF FACILITY: Corporate licadquarters expansion 1. Maximum amount of financing sought $ 4 0 0 , 0 0 0 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 3. Estimated real property tax per year using present tax rates $ 4. Estimated personal property tax per year using present tax rates $ 1 2 , 0 0 0 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 30,000 6. Estimated dollar value per year of --:)ods and services that will be purchased locally $ 4 0 , 0 0 0 7. Estimated number of regular employees on year round basis $ 10 - 15 8. Average annual salary per employee $ 15 , 0 0 0 The information contained in tlij.s Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority BY- Economic lmDacL Starement 1. @oune Of 4--.ivesz=iert $ 400,000 2. A=unt of 4n@ustr4a' revenue bomd financing sought $-4 0 0 , 0 0 0 3. Es:;_maced z@ct-@ole value of t.qe z-ac4-l4-ty's real prouer::,., :o be co.-sz:zuc::e@- --.i -'.ie C:Lty $, 0 Esc4mated re@I oroz)erz:y za-.I: per year usi-.19 present tac ra--e @ 5. --sr4-mated PrcDerz-; tnx $ 12,000 6. Economic i--o@-cz scazeme.-It de=orstrating the overall to c,-le city: A. ',Nu=ber -.iew lobs 10-20 :),,SS4-bla B. Payrcil generated $ 150 1000 kv. Wage C. Nu@Der 34-: jobs recaine!d -/a Payr,-,, r@t=;, D. --,led n/,, @v. lia-2e $ Esri- :a of che value o@- goods and se--v4-ces purchased --e @eo.,raohic bour.@ary of Virgi,.iia Beach by type @chinery, profe!ssional services, insura,-ce, motor vehicles, etc.); Type Value Tel.enho-e ccTtii,,,@ $. 50,000 Computer cauinment $--2 Furnishings $ 75,000 Labor and Professional Services $ 75,000 TOT.A.L 0 =s:4=aze@- permit @4ee and 0--lar Zunicipal $ Zees G. 7s::z-ted ccnstructi-on payroll $ 40,000 va@-U,- 0 co,@t,:uc:4-on pzrc. ased w4t.iin the C@'-tY O@- 0 000 10 - 1 5 o@ construcci h a:) ems w.-i4 Ch t, ePI c@ t 4 Z:.,. C-cu-d be r-ade aw?rp- of t'-e prolect -,::a oned for the sDec4@-@, use belrlg 7. :,y z Zoned i-.@-uszrial reverue bon,., Yes X 3 areement/co=iz::Z@C ,Dee-. ac@eored by a copy) Yes x I irhin 90 days from t@'e tle :)c-.d -lanc4vg c 0 04: 0: the inducement resoluz@@o-@l? Yes x iocar@ an o,7 orojec@ (attarh !Qcaric'n one Columbus virc,inia Be o-@ alt2Tnarive financ4n& that has be!ei -2v4 -a-@ ?-Diect i @ereby certi@.v that the infornation stated in the above Ecc)-.c-@.iic !,-.@act Statelient is accurate an ue in all respects. Z,(Applicant Subscribed and sworn to before me this /1)4.,d.y of 1980-. Notar c My Commission Expires i@u H i I I N[ CT a i m Joins Map RESOLUTION OF CITY COUNSEL OF VIRGINIA BEACH APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR CLARK & STANT, P.C. WHEREAS, the City of Virginia Beach Development Authority, whose address is 770 Lynnhaven Parkway, Suite 200, Virginia Beach, virginia (the "Authority") has considered and adopted a Resolution of Intent (the "Resolution") approving the application of Clark & Stant, P.C., a Virginia professional cor- poration, whose address is One Columbus Center, Suite 900 (the "Purchaser"), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $400,000 (the "Bond") to assist in the financing ot the Purcha- ser's acquisition and construction of leasehold improvements and equipment at its corporate headquarters on the eighth and ninth floors of the office building known as One Columbus Center (the "Project") located on real property in the City of virginia T3each, Virginia, which is leased by the Purchaser, and has held a public hearing thereoti on July 8, 1986, and; WHEREAS, the Authority has requested the Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bond to comply with Section 103(k) ot the Internal Revenue Code of 1954, as amended; and W[iEREAS, pursuant to SS15.1-1378.1, Code of Virginia, as amended, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a reasonably detailecl summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF rHE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the Authority for the bene- fit of Clark & Stant, P.C., a Virginia professional corporation, - 1 - to the extent of and as required by Section 103(k) of the Inter- nal Revenue Code, to permit the Authority to assist in the financing of the Pi-oject. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, Acts of Assembly of 1964, as amended, the Bond shall provide that neithei- the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from tlie revenues and moneys piedged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liahility for any damages to any person, direct or consequen- tial, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State ot- Feder-al statute now or hereafter enac- ted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 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 July 14, 1986. CITY COUNCIL OF VIRGINIA BEACH By: - 2 - 30 - Item II-H.3. RESOLUTIONS ITEM # 25720 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council ADOPTED: Resolution opposing the new "Experimental Policy to Control Vegetation"; and, to request the Virginia Department of Highways and Transportation to immediately abandon this Policy. 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 REQUESTED BY COUNCILPERSON NANCY PARKER A RESOLUTION OF THII CITY OF VIRGINIA BEACII OPPOSING THE "EXPERIMENTAL POLICY TO CONTROL VEGETATION" AS DEVELOPED AND IMPLEMENTI"'D BY TliE VIRGINIA DEPARTMENT OF IIIGHWAYS. WIIEREAS, the Virginia Department of Highways has developed and implemented a policy enlitled: "Experimental Policy to Control Vegetation; WHEREAS, the newly instituted policy allows for the removal of trees in the public right-of-way along interstate highways, so that billboards or other outdoor advertising is v i s i b I e ; WIIEREAS, the new policy was a scheduled to begin in July 1 , 1986 ; WHEREAS, the Virginia Department of Iiighways lield no public liearings with regard to tliis policy; WHEREAS, the Virginia Department of Highways did not invite any comment or participation by any locality despite the active opposition of many localities to a similar project formerly proposed; and WIIEREAS, the new policy is not in the best interest, eitlier economically or aesthetically, of the City of Virginia Beach or the Commonwealth of Virginia. NOW T[IEREFORE, )i@, IT L@ESOLVED BY THE COUNCIL OF TI[E CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach strongly opposes tlie iiew "Experilnental Policy To Control Vegetation" as proposed and implemented by the Virginia Department of Ifighways. 2. That the Council of the City of Virginia Beach requests the iminediate abatidonment of the policy. 3 . That the CoLincil of the Ci ty of Virgin ia Beach , alternatively proposes that the j3rogram not be impleinented in a - Job - locality prior to a public hearing and/or approval by tlie local governing body. 4. The City Clerk is directed to forward copies of tliis resoltition to the Virginia Department of Iiighways, to the City's representatives in the General Assembly, and to the Governor. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of July 1 9 8 6 . JAS/j mh 0 7 / I 0 / 8 6 RES . 2 2 - - 31 - Item II-I.1 ORDINANCE ITEM # 25721 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to amend and reordain Section 21-377 to the Code of the City of Virginia Beach, Virginia, pertaining to open storage of Inoperative Vehicles. 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 - 31a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-377 TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO OPEN STORAGE OF INOPERATIVE VEHICLES BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-377 of the Code of the City of Virginia Beach, Virginia, pertaining to open storage of inoperative vehicles on residential property, is hereby amended and reordained as follows: Section 21-377. Open storage of inoperative vehicles on residenLial, commercial or agricultural property. (a) It shall be unlawful and a Class I misdemeanor for any person, firm or corporation to keep, except within a fully enclosed building or structure, or otherwise shielded or screened from view, on any property zoned for residential, or commercial or agricultural purposes, any motor vehicle, trailer or semitrailer, which is inoperative. (b) As used in this section, an inoperative motor vehicle, trailer or semitrailer shall mean any motor vehicle, trailer or semitrailer: (1) Which is not in operating condition; or (2) Which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle; or (3) On which there are displayed neither valid license plates nor a valid inspection decal. (c) The provisions of this section shall not apply to any motor vehicle, trailer or semitrailer which is designed or used primarily for agricultural or horticultural purposes and which is kept upon a farm or other property principally used for such purposes. Adopted by the City Council of the City of Virginia Beach, Virginia on the 14 day of July 1 9 8 6 . WMM/jmh (B) 7 / 9 / 8 6 - ,u - Requested by: Councilmember Harold Heischober Virginia Code Section 46.1-1 (Definitions) Motor vehicle - Every vehicle as herein defined which is self-propelled or designed for self-propulsion.... Any structure designed, used or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space, shall be considered a part of a motor vehicle. Vehicle - Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. - 32 - Item II-J.1 CONSENT AGENDA ITEM # 25722 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 3, 4, 7, 8 and 9. Items 2, 5 and 6 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 Absent: None - 33 - Item II-J.1 CONSENT AGENDA ITEM # 25723 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to amend and reordain Sections 2-129, 2- 132, 2-133, 2-134 and 2-139 of the Code of the City of Virginia Beach, Virginia, pertaining to Employee Grievances. 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 - 33a - AN ORI)INANCE TO AMEND AND REORDAIN SECTIONS 2-129, 2-132, 2-133, 2-134 AND 2-139 OF TIIE CODI-'. OF THE CITY OF VIRGINIA BEACII, VIRGINIA, PERTAINING TO EMPLOYEE GRIEVANCES ISE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF VIRGINIA BEACii, VIRGINIA: Ttiat Section6 2-129, 2-132, 2-133, 2-134 and 2-139 of the Codc of the City of Virginia Beacli, Virginia, are lil-reby ameiided and reordained to read as follows: Section 2-129. "Grievance" defined; deteruiination of grievability. a. A "grievance" sliall be defiiied as a complaint or di6pute by an employee relating to his einployinent, including, buL iiot necessarily limited to Lhe following, and excluding matters listed in subsection (b) below: 1. Disciplinary actions including disaiissals, deiiiotionr and suspension, provided thal dismissals shall be grievable whenever resulting from formal discipline or un6atisfactory job performance. 2. Concertis regarding the applications, meaiing or iiiterprelation of personnel policies,'procedures, depart@nenl of per8onnel approved rules and regulations. 3. Acts of reprisal ar, tlie result of utiliz@.ktion of t@ie grievance procedure, includiiig reprisal as a result of parEicipating in anolher employee's grievance. 4. Complaints of discriuiination on the basis of race, color, creed, iiex, age, lialidicaps, political affiliation or national origin. b. Complaints shall not be grievable under this division wliere they involve; 1. Establishment and revision of wages or salaries, position classifications or general benefils. 2. Work aclivity accepted by the employee as a condition of employmeiit or work activity which may be reasonably exp@cted Lo be a part of Lhe job content. 3. Tlie contents of ordinaiiceis, statutes or establislied pert;oiiiiel policies, procedures or department of p@rsoiinel approved rules and regulations. 4. Failure to prouiote, Lxcept where tlie employel caii t;liow established promotional policils or procedures were not followed or applied fairly. S. The niethods, means and personnel by wliich work activities are to be carried on. 6. Termination, layoff, demotion or suspelisioil from duty because of lack of work, reduction in work force or job abolition. 7. Managenient's riglit as outlined in Section 2 - 1 3 9 . C. If there is a question of grievability, either the grievant or managemeLIL niust contacl the director of persoiinel immediately and in writing to request a determination of grievability. The question of grievability ulay only be raisld once tlie grievaiice has been placed iii writing (step 2), but prior to the cunvening of tlie personnel board hearing. The decisions regardirig whelher or not a LnatLer is grievable shall be niade by the city manager or the direCLor of personnel withill fourteen (14) consecutive calendar days of Lhe receipt of the request in wriLing. The decision of the city nanager or director of personnel ag Lo grievability may be appealed to the circuit court pursuant Lo State laW for a hearing de novo within ten (10) calendar days. Within fourteen (14) calendar days of the filing of stich an appeal, the city shall. traiismit to the clerk of the court a copy of the decision, a copy of the notice of appeal and the exhibits. A list of the evidciice furnislied to the court shall also be furnished to the grievant. Witliin thirty (30) days of receipt of such records by tlie clerk, the court, sitting wittio@t a jury, shall hear the appeal on the record transmitted by the city and stich additional evidl-nce as may be necessary to resolve any controversy as to the correctness of tlie record. The court way affirat the decision of the city manager or clirector of- - 2 - 1,@rso@inel or may reverse or niodify til@ decision. The decisioii of LIIL@ c@ot;rt shall bL rendered within fifteell (15) days following tlie hearing. The ci-rcuit-courtLtt-decini-on-on-the-i*due-of- decision of the court is final and is not appealable. Section 2-132. Eligibility Lo utilize grievalice procedure. All f ul 1- t itne pe rina ne n t an d pi r t- t iuie permaiielit ci ty werit Lail)loyees, aEi defined in section 2-76, and all full-tinie perruanetit and part-time perwanent employees of the constitulional office s ( exc 1 ud irkg el ec ted off ic i al s )by writleii coiie;ent of tlie elucted official 6liall be eligible to ulilize all phases of Lhe grievance procedure set forth herein. Aii-f-uil--time-permanent an d- perr t- e ime-per mitnen t -emp l-cyyeel - OE -the-deperr t-me n t -tyf--me rt tit i- he &I-th -and -mentitl--rce ttrde ti-on -who -are-L-c rminat eci -oit-the -r rotin de of -pa tterrt-abuse -&ha l-1--be -el-i-girbie-ea -utiii re -the-gri-evence p ro cedare -*n i-y -up -to -et rkd7 - i-tt el-nd i-ng-a L'e p -4 - @c i- ty-man ti g er )@ T- her@af-t-@r r-the -em pl-ay-ee -may-praceeci-as -i-ndi-cated-irt-sec t-i-on All merit and coiistitutional office employees (excludediiig elected officials) whose eniployment status is part-time temporary, par t-ti ine probational , par t-ti iue seasonal , f ull-ti ine te mpor ary,- and full-tia@e probational, and full.-time seasonal, shall be eligible Lo utilize such procedure only up to and including step 4 (city niaiiager) involving Type B grievances. For the purpose of titis section, a probational employee shall be defined as an employee who has yet to cowplete the initial six (6) montlis of eoil)loyment with the city (or the hourly equivalent for part-time employees), and terminating on the einployee's annivere;ary date, with the exception of police and fire positions in which designated employees serve a one-year initial probationary period which follows any original einploymenl or reemployment and termiiiaLing on the employee's anniversary date. At no time shall any i)art-time teinporary, part-time I)robational, part-time - 3 - seasoniil, full-time Leinporary, or full-time probational or full-cinic sesaonal eml)loyee be allowed to appeal a Type A @,, rievaLICe. All perniaiient police officers who el ect to f ol low t lie po l-ice-of fice la w eiiforcei,iLnt officers hearing proce(l@ire as cited in SS 2.1-116.5 of tlie CociL@ of Virgiiiia shall not be eligible under the procedure I)rovided herein. Section 2-133. General grievance procedure - Type A grievalices. a. Type A grievances plrtaill Lo diswissal, detnotion or susl)ensioii fur mure ttiali forty (40) working hours. b. Type A grievances uiay oni:y be appealed directly to the persoiinel board at the discretion of the grievant. C. Written nolification of the intent to appeal to the personiiel bodrd inust be received by the tiecretary of the persuLiiiel board witliin ten (10) conslcutive calendar days of the notificaLion of the employee's disniissal, demotion or suspension for niore ttian forty (40) working hours. Upon notification of the grievaiit'ti i@itenl to appeal, the secretary of the personnel board (or designee) shall arrange the time and place of the hearing and iloLify all affectei parlies of tliis within fourleeii (14) conseCULiVe caleadar days. d. Uxiless otherwise agreed, the personnel board hl@aring E;Iiall b. sclieduled no later thaii thirty (30) consecutive calendar days from the end of tlie aforementioned fourteen (14) cotisecutive day period. Should the secretary of the board determine that an employee is continually noncooperalive or is not appropriately following the personnel board procedures, prior to Lhe convening of Llic personnel board, the secretary of the board shall send written notification to the employee specifying employee's tiuiicotnpliance and allowing the employee five (5) consecutive working days to comply witlk the procedures of the pertionnll board. If the employee does iiot coinply within five (5) cunsecutive working days with the personnel board procedures after receipt of tlie writteii notification, the secrelary of the - 4 - board 6liall have full authurity to cancel Lhe hearing and tlie e,nployce sliall forfeit all rights to 5uch a hearing. (!. The personnel board's deci6ion regarding Type A grlevati ce s sha l 1 be f inal atid bind ing and stiall be coneiis tent witl, law aiid written policy. Further, tlie grievant or managewent may I)etition tlie circuit court for an order requiring impleiiieiitation of the decision of Lile personnel board. SecLion 2-134. Same - Type B grievances. Type B grievances are oiily those otlier than iSSLies pertainiiig to disinissal, deinotion, suspension for illore ttian forty (40) cor,secutive workiiig hours. (1) Step 1. Tlic aggrieved employee (grievant), sliall Iiscuss the grievance witli tlie immediate supervi8or iii person witliin Len (10) consecutive caleiidar ddys from the date of its occurrence or kaowledge of its occurrence. The inimediate bupLrvisor uiufit verbally reply to the griLvailL witilill tell (10) consecutive calendar days of tlie date of this discussioii. (2) Step 2. If the grievance is IIOL 3etLled verbzilly iii stel) 1, the grievant may, withiii ten (10) consecutive calendar days of tlie iaimediate slipervisor's verbal reply, submit the grievance in writing to the saime supervisor on a "grievance stateiuent and reinedy form" available from the department of personnel or any city-owned information bulletin board. ThL iwmediate supervisor must reply in writing to the grievant on the .. grievance reply and remedy form" within ten (10) consecutive calendar days of receipt of the written grievance. (3) Step 3. If the grievance is not Bettied in step 2, tlie grievant inay appeal tlie immediate supervit;or's decision by furwdrding the "grievance statemeiit and remedy form" to the deparL[Uelit licad within ten (10) consecutive calendar days of the iianiediate supervisor's response. The deparlment head must meet and discuss the grievance with the employee aiid the iminediate supervisor, and must reply in writiiig to tlie grievant on the grievaace reply and remedy forai" within ten (10) consecutive - 5 - caleti,ldr days of tli@ receipt of tlie writteii grievaiice. If tike iniLnudiace supervieior iS Llie deparlinerit head, stl[)s 2 and 3 are consolidated into a single step. (4) Step 4. If the grievance is not Eiettled in stel) 3, the grievant may appeal the decision by forwarding the .. grievance statelnent and reiiiedy foria" to the city inanager withi@i teti (10) consecutive calendar days of the departmenl liead's response. The city manager or Iiis designee shall meet and disCUSS Llie grievaiice witli the employee, tlie deparlinent head alid tlie iwiii@diate supervisor aiid mu6t resi)oild in wriling to tlie grievaiit o,i the "grievaiice rel)ly aiid rlitiedy forni" witilin fourteen (14) co,isecutive calendar days of tlie receipt of the written grievaiice. If the inimediate supervisor is the city inanager, st.ps 2, 3 and 4 arL coni;olidated into a iiingle step. Step 5. (a) If the grievance is not settled in step 4, the grievaiit iuay apl)eal the decision to the plrsonnel board. The decisions of the personnel board 6hall be final and binding and sliall be coiisiE;tenL with law and writteri policy. The "grievance statei,ieLit and reinedy forui," and tlie "grievaiice reply and remedy form" ciuet be sent Lo the director of personnel WiLhin teil (10) consecutive calendar days of the city manager's response. Upon iiotificatioii of the grievant's inlent to appeal, the secretary of the persoiinel board must arraiige the tiwe and place of the heariiig and notify all affected parties of such titne and place within fourteen (14) consecutive calendar days. The personnel board hearing shall be scheduled ILI order to allow a maxiinum of tliirty (30) consecutive calendar dayb from the end of Llie aforeuientioned fourteen-consecutive-day period. Either Lhe grieVaUL or manageinent may petition the circuit court for ail order requiring implementation of the decision of the persolinel board. (b) A member of the 1)ersonnel board stiall be disqtjalified from hearing a grievance if (i) he has direct iiivolveuient with the grievance being liedrd or witt, the complaint - 6 - 0 ing rise to the grievance; (ii) he is in a direct liiie of sup(-rvision of tlie grievant or is one of tile followin@ relatives of a participant in the grievance process or a 1)articil)ant's spouse: sp child, descendants of a child, sibling, niece, nephew or first cousin; or, (iii) he is an attorney liaving direct involvemeiit with the subject matter of tlie gri.va[ice, or is a Partner, associate employee or co-eniployee of SIIC b i, L ro rne y Section 2-136. Legal representation. Ttie grievant may, at any step beyotid the second step of this procedure, be accompanied or represelited by an individual of his ctioice who may be legal counsel. Representation of the grievant must be at the expeiise of the grievant. Management may not elect to be represente jnsel at any step of the proced.re unless the employee also ha; sentiition. The city attorney or a designated alternalive attorney may serve manageuieut or-the-per!tonnel--board at any step beyond Lhe secoiid step in the grievaiice procedure@ provided the employee is also represented by counsel. The city attorney or a designated alternate attorney may not siiiitiltancousl.y provide counsel to the persoi)iit@l board while serving management on the same Sectiori 2-139. Management rights. Nothing in this division is intended to circuinscribe or modify the exiscing managemenl riglits to do Lhe following: (1) Direct the work of its employees. (2) Hire, promote, transfer, assign aiid retain employees' positions within the agency (provided slich action is not taklii for disciplinary purposes). (3) MaiilLain Lhe efficiency of governmental operations. (4) Relieve employees froin duties because of lack of work. 7 - (5) Take actions as inay be iiecessary to carry out tlie dutie6 of Llie ageiicy in emergencies. (6) Determine the metliods, means and personnel by wliicti operatiotis are to be carried out. Adopted by the Couiicil of the City of Virginia Beach on th@ 14th day of July 1 9 8 6 . RMIS/jmh 7 48 6 7 88 6 - 34 - Item II-J.2 CONSENT AGENDA ITEM # 25724 Donald Trueblood addressed concerns relative curvature of Daniel Smith Road and advised plans are to cul-du-sac on Goodman Road. A MOTION was made by Councilman Heischober, seconded by Councilman Moss to DEFER Ordinance to authorize acquisition of property in fee simple for right-of-way for Newsome Farms Area Street Improvements (CIP 2-945) and the acquisition of temprorary and permanent easements of right-of-way either by agreement or by condemnation until the City Council Meeting of August 4. This DEFERRAL will enable the City Staff to address Council's concerns. Upon SUBSTITUTE MOTION by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for Newsome Farms Area street improvements (CIP 2-945) and the acquisition of temporary and permanent easements of right-of- way either by agreement or by condemnation. Staff will address concerns of Councilman Perry for a cul-du-sac on Goodman Road and the straightening of Daniel Smith Road. 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 z i- z AN ORDINANCE TO AIJTHORIZE ACQUISITION OF PROPERTY IN FEE SI@IPLE FOR RIGHT OF < WAY FOR NEWSOME FARMS AREA STREET IMPROVEMENTS (CIP 2-945) AND THE ACQUISI'EION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY 1--IITHER BY ACREFMENT OR BY CONDEMNATION HEREAS, in the opinion of the Council of the City of Virgiiiia Beach, Virginia, a public necessity exists for the construction of this iinportant roadway to provide Lransportation and for other public purposes for tlie preservation of the safety, healtli, peace, good order, comfort, convenience, and for the welfare of the people in the CiLy of Virg[iiia Beach: NOW, TilEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACLI, VIRGINIA: Section 1. That tlie City Attorney is hereby autliorized and directed to acquire by purcliase or condeinnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq, Code of Virgiiiia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent eascinents of riglit of way as sliown on the plans entitled, "PLAN AND PROFILE OF PROPOSEI) CONSTRUCTION OF NEWSOME FARMS AREA STREET IMPROVEMENTS C.I.P. 2-945," these plans being on file in tlie Office of Real 1-@state, Department of Pkiblic 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 tlie exteiit that funds are available, a reasonable offer to the owners or persons liaving an inlerest in said lands, if refused, tlie City Attorney is hereby autliorized to institute proceedings to condemli said property. Section 3. That an emergency is liereby 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 Beach, Virginia, on the 14day of July 1 9 8 6 . DSH/jmli 0 61 6 / 8 6 ( 9 34b Z 10 LYNBROOK LANDING ROC T CT LANE OIVNIE L, - 35 - Item II-J.3 CONSENT AGENDA ITEM # 25726 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing and directing the City Manager to execute an agreement between the City of Virginia Beach and the Virginia Department of Highways and Transportation regarding Haygood Road (CIP 2-836). 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 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH ANb THE VIRGINIA DEPARTMENT OF HIGHWAYS AND c@! TRANSPORTATION REGARDING HAYGOOD ROAD (CIP 2-836) C@ E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: WHEREAS. funds in the amount of $466,096.55 are available for the reconstruction of the existing 2.1 mile two-lane road to a four-lane facility of Haygood Road from Independence Boulevard to Bayside iligh School and a new align- ment extending from Bayside High School to Diamond Springs Road: WHEREAS, this construction will provide an alternative east-west arterial link between Independence Boulevard and 1-64 and relieve traffic on Northampton Boulevard and Newtown Road. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed and authorized to execute the attached agreement between the City of Virginia Beach and the Virginia Department of Highways and Transportation for the improvement of 2.358 miles of Haygood Road west of the intersection with Independence Boulevard, Station 28+46.00 to Independence Boulevard, Station 155+73 and designated as Haygood Road, Project UOOO-134-107,PE102, RW202, C502, D610. This ordinance shall be effective upon date of adoption. ADOPTED: JulY 14, 1986 er AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION The City of VIRGINIA BEACH, Commonwealth of Virginia, bereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Highways and Transportation, hereinafter referred to a:3 the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of 2.358 miles of Haygood Road within VIRGINIA BEACH from 2.358 miles west of the intersection with Independence Boulevard, Station 28+46.oo to Independence Boulevard, Station 155+73 and designated as Haygood Road, Project UOOO-134-107, PE102, RW202, C502, D610. 2. VIRGINIA BEACH approves the plans as designed and requests the DEPARTMENT to submit the project with reco=endation that it be approved by the Highway and Transportation Board and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 4. VIRGINIA BEACH agrees tO cOmPlY with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. 5. VIRRINIA BEACII agrees that prison labor will not be used for any purpose whatsoever on this project. 6. VIRGINIA BEACH agree3 that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall be subject to the approval of the DEPARTMENT. 7. VIRGINIA BEACH agrees that the location and installation of utility poles, lighting standards, traffic signal poles Or a,y other facilities installed or placed within the right of way by any public authority, or other agency, shall be subject to the approval of the DEPARTMENT. 8. Parking will be prohibited at all ti,e, on both sides of this project. 9. Where Parking is prohibited, appropriate NO PARKING signs shall bes erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 10. VIRGINIA BEACH agrees after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, any additional median crossovers Or enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. -2- I VIRGINIA BEACH agrees to prohibit all motorized vehicles, except those for maintenance purpose and where snow conditions and regulations permit snowmobiles, from using the bikeways and walkways which are constructed as a part of this project. 12. VIRGINIA BEACH agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulations, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST VIRGINIA BEACH'S SHARE ITEM ESIMATED COST % AMOUNT Preliminary Engineering $ 271,000.00 5 $ 13,550.00 Right of Way 11030,000.00 5 51,500.00 Grading, Drainage, Pavement & Signalization 5,663,685.36 5 283,184.27 Signalization, City 4,794-70 100 4,794-70 Water Line Adjustment 202,812.12 26.94 54,637-59 Sewer Line Adjustment 169,497.62 24.66 41,798.12 City Engineering & inspection 22,000.00 26.09 5,739.80 Demolition 463.20 5 23.16 Trainees 7,500.00 5 375.00 Traffic Signs (State Forces) 26,052.68 5 1,302.63 Drainage, Box Culvert D610 183,825.55 5 9,191.28 Total $7,581,631.23 $466,096.55 -3- IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of VIRGINIA BEACH on the day of 1986, and the DEPARTMENT on the day of , 1986. ATTEST: CITY OF VIRGINIA BEACH BY BY CITY CLERK CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS AND TRANSPORTATION BY DEPUTY COMMISSIONER -4- ic IL - 36 - Item II-J.4. CONSENT AGENDA ITEM # 25727 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance upon SECOND RF.ADING to accept and appropriate a Grant from the Department of Corrections totaling $227,500 for the Virginia Beach Commi@nity Diversion Incentive Program. The City Manager responded to Councilwoman Parker's inquiries concerning additional personnel. Said personnel will be employed only for the length of the project. 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 ACCEPT A GRANT FROM THE DEPARTMENT OF CORRECTIONS TOTALING $227,500 AND TO APPROPRIATE THLPISE FUNDS FOR THE VIRGINIA BEACH COMMUNITY > DIVERSION INCENTIVE P'ROGRAM iz REAS, the Virginia General Assembly has enacted the Conununity Diversion Incentive Program which makes funds available to jurisdictions within the Commonwealth for the purposes of diverting qualified non-violent offenders from the State penitentiaries for the purpose of rehabilitating these offenders and allowing them the opportunity to make restitution for their crimes; and WHEREAS, the City of Virginia Beach is currently operating such a program; and WHEREAS, the Virginia Department of Corrections has approved the necessary funding to continue the Virginia Beach Community Diversion Program from July 1, 1986 through June 30, 1987 to accomplish the objectives stated above. NOW, THEREroRE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized to accept the grant for the City and funds are hereby appropriated for the following purposes: EStimated Revenue Local Total fr Match A2 Driations CDI Prograin $227,500 $0.00 $237r?@00 BE IT FURTHER ORDAINED that six personnel positions are hereby authorized for the duration of the grant to be Paid from the grant with the classes of the employees to be determined by the City Manager. FIRST READING: July 7, 1986 SECOND READING: July 14, 1986 Adopted by the Council of the City of Virginia Beach on the 14 day of July , 1986. - 37 - Item II-J.5 CONSENT AGENDA ITEM # 25728 Attorney Charles Jenkins, represented the applicant and advised the applicant had attempted to improve this property and removed the previous non- conforming sign. Richard Grimstead, the architect, also represented the applicant concerning the proposed sign. Henry Ruiz, Administrator for the Resort Area Advisory Commission, advised of City Code Amendment Section 33-114 concerning administrative approval of signs which would remove a certain amount of encroachment. Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council AUTHORIZED: Staff's denial for an encroachment into Atlantic Avenue in the petition of Swimwear, Inc., t/a Price King. 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 - 38 - Item II-J.6 CONSENT AGENDA ITEM # 25729 Attorney Charles Salle' represented the application Councilman Perry requested information concerning traffic volumes on Witchduck Road. Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED an Ordinance appointing veiwers in the petition of Motor City Associates for a portion of Pennsylvania Avenue and Jeanne Street (Bayside Borough: Ordinance closing, vacating and discontinuing a portion of Pennsylvania Avenue and Jeanne Street (formerly Douglas Street) shown as the cross- hatched areas shown on the certain plat entitled "Physical Survey of Unimproved Portions of Jeanne Street (formerly Dogulas Avenue) and Pennsylvania Avenue,Euclid Place in Map Book 4, Page 62, Bayside Borough, Virginia Beach, Virginia, in the petition of Motor City Associates. The Viewers are: Robert J. Scott - Director of Planning David Grochmal - Director of General Services C. Oral Lambert, Jr. - Director of Public Works 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 - 38a - PENDER C6 COWARD U. m ATTORNEIS AND COU.SEILORS AT LAW RIC..@Q 1. O.A-@ F.@Rl. FL..., G.,.--l.. @@T.@ .1111L 311, L@IOW. S.L'..L DAVID D. DiC@E-50@ 1-- Ewl.-N @@.1 .ART.A D. I... -1- 192 B-L-.. C.@.1 @@D L..O.@@ T G.C..w,.. R... DREC@E.R..G@ I.GLE$ .IC.AR. @. L..... VIRGIt4iA BEACH,VIRGINIA 23462-2483 EL@@, co.-, LEO@... 0. LE.,@@ T.Ll-.-- (S.., 4.. - @..O I.-E5 @O.ER@A. @ETE. C..A.S.1,1@, CA.L@ .IR" .'VALA@" .E@Rl C@ARLE@ l@'@ .-@IEL .. T.O.@. ... RI.1 10.@ ..T'Lll.@ lo.-. CERTIFICATE OF VESTING OF T-LTLE I, Charles M. Salle, attorney for Mtor City Associates, do hereby certify that: 1. I am an attorney at law and represent Motor City Assc>ciates, the petitioner. 2. if the property described on the attached plat is discontinued, closed and vacated by the Cc)Lmcil of the City of Virginia Beach, Virginia, then title to said property will vest in Mc)tor City Assc>ciates and the Estate of R. E. Tbwnsend, the adjacent land @ ers. V-y truly Y-S, Charles M. Salle' - 38b - ORDINANCE APPOINTING VlEifERS WHEREAS, MOTOR CITY ASSOCIATES, a Virginia general partnership, has given due and proper notice, in accordance with Section 15.1-364 of the Code of Virginia, 1950, as amended, that it will on the 14th day of July, 1986, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of tilat certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert Scott C. Oral Lambert, Jr. and David Grochmal are bereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result from the discontinuing and vacating of a portion of that certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT portion of Pennsylvania Avenue and Jeanne Street (formerly Douglas Street) shown as the cross-hatched areas shown on that certain plat entitled 'Physical Survey of Unimproved Portions of Jeanne Street (formerly 38c - DoLiglas Avenue) and Pennsylvania Avenue Euclid Place in Map Book 4, Page 62, Bayside Borough Virginia Beach, Virginia' attached hereto and made a part hereof. ADOPTED: July 14, 1986 05307/gmd/COM -2- IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS, KNOWN AS PENNSYLVANIA AVENUE AND JEANNE STREET (FORMERLY DOUGLAS STREET), AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PHYSICAL SURVEY OF UNIMPROVED PORTIONS OF JEANNE STREET (FORMERLY DOUGLAS AVENUE) AND PENNSYLVANIA AVENUE EUCLID PLACE IN KAP BOOK 4, PAGE 62, 13AYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA!' ATTACHED HERETO AND MADE A PART HEREOF. PETITION TO: THE MAYOR AND TEIE MEMBERS OF THE C(XJNCIL OF THE CITY OF VIRGINIA BEACH, VIMINIA Your Petitioner, Motor City Associates, a Virginia general partnership, resoectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of those certain streets, which is more specifically described as follows: ALL THAT portion of Penns-ylvania Avenue and Jeanne Street (formerly Douglas Street) shown as the cross-hatched areas on that certain plat entitled "Physical Survey of Unimoroved Portions of Jeanne Street (formerly Douglas Avenue) and Pennsylvania Avenue Eaclid Place in Map Book 4, Page 62, Baysicle Borough Virginia Beach, Virginia" attached hereto and made a part hereof. 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view the portions of said platted streets proposed to be closed and to report in writing to the Council as soon as practicable as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuaw-e and the closing of this portion of said street, as lierein described. 3. That on the 6th day of ulY 1986, and on the 13th day of LT 1986, notice of the presenting of this application was published in the Virginian-Pilot, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are the Estate of R. E. Townsend, Marvin C. Overcash, Administrator, 300 Winwood Drive, Virginia Beach, Virginia, and Motor City Associates, a Virginia general partnership, 5086 Virginia Beach Boulevard, Virginia Beach, Virginia, 23462. Respectfully submitted, MOTOR CITY ASSICIATES By: X/- Ot Counsel Charles M. Salle PENDER & COWARD Greenwich Centre Fourth Floor, 192 Ballard Court Virginia Beach, VA 23462 (B 04 ) 49 0- 30 00 05307/grrd/COM -2- - 39 - Item II-J.7 CONSENT AGENDA ITEM # 25730 Upon motion by Counciman Heischober, seconded by Councilman Fentress, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Knotts Island Road upon application of Russell E. Simpson. Ordinance upon application of Russell E. Simpson, Jr., for the discontinuance, closure and abandonment of a portion of Knotts Island Road beginning at a point 3950 feet more or less north of the Virginia State Line and running in a northerly direction a distance of 1362.34 feet. Said parcel contains 40,772 square feet more or less. PUNGO 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 - 39a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORT10N OF TRAT CERTAIN ROAD OF VARIABLE WIDTH KNOWN AS KNOTTS ISLAND ROAD, LOCATED IN THE PUNGO BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "ROAD CLOSURE PLAT (KNOTTS ISLAND ROAD) KNOTTS ISLAUD - PUNGO BOROUGH - VIRGINIA AEACH, VIR- GINIA", WIIICH PLAT IS TO BE RECORDED IN THE CLERK'S OFFICE OF TRE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIR- GINIA, IN MAP BOOK , AT PAGE WHE@ it appearing by affidavit that proper notice has been given by Russell E. Simpson that he would make application to the Council of the City of Virginia Beach, Virginia, 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 I BE IT ORDAINED by the Council of the City of Virginia Beach, Vir- ginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at a point at the Northeastern end of the road to be closed where it joins property of the Estate of Harry N. Themides and from said point running thence along the Eastern side of the said road North 05' 27' 13" Wast 335.03 feet to a point; thence continuing North 01' 12' 10" East 132.76 feet to a point; thence North 24@ 31' 24" :LLAM. West 135.67 feet to a point; thence North PICKRELL 26* 30' 51" East 324.44 feet to a poinl; & LAWLER @ORFOLK.V& tlience North 24* 33' 45" East 165.82 feet to a point; thence continuing the same course 124.99 feet to a pipe; thence North 181 161 4811 West 137.50 feet to a point, being the road end; thence crossing the road in a westward direction and co--encing at the end of the road and running thence South 18' 16' 48" West 260.79 feet to a point; thence South 24' 33' 45" West 163.72 feet to a point; thence South 26* 30' 51" West 324.45 feet to a point; thence South 24' 31' 24" East 142.39 feet to a point; thence South 01' 12' 10" West 140.68 feet to a point; thence South 05* 27' 13" West 330.31 feet to a point, being the part marked "B" as shown in Map Book 64 at page 46; thence turning and running South 81* 10' West 22.57 feet to a pin; thence continuing the same course 8.09 feet to the point of beginning, being 0.936 acres, more or less. Said parcel of land being a portion of Knotts Island Road as indicated on that certain plat of property to be vacated being a portion of Knotts Island Road, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book _ , at page and which is made a part hereof by reference. SECTION II - 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 o: the City of Virginia Beach, as grantor. SECTION III LAM. CKRELL & LAWLER .."S AT -. )RFOLK, V@ thence North 24' 31' 24" West 135.67 feet to a point; thence North 26' 30' 51" East 324.44 feet to a point; thence North 24' 33' 45" East 165.82 feet to a point; thence continuing the same course 124.99 feet to a pipe; thence 14orth 18' 16' 48" West 137.50 feet to a point, being the road end; thence crossing the road in a westward direction and commencing at the end of the road and running thence South 18@ 16' 48" West 260.79 feet to a point; thence South 24* 33' 45" West 163.72 feet to a point; thence South 26* 30' 51" West 324.45 feet to a point; thence South 24' 31' 24" East 142.39 feet to a point; thence South 01* 12' 10" West 140.68 feet to a point; thence South 05@ 27' 13" West 330.21 feet to a point, being the part marked "B" as shown in Map Book 64 at page 46; thence turning and running South 81* 10' Wast 22.57 feet to a pin; thence con- tinuing the same course 8.09 feet to the point of beginning, being 0.936 acres, more or less. Edwin C. Kellam FINAL APROVAL: JulY 14, 1986 - 40 - Item II-J.8 CONSENT AGENDA ITEM # 25731 Upon motion by Councilman Heischober, secnded by Councilman Fentress, City Council APPROVED: LOW BID to W. F. Magann Corporation in the amount of $893,570.00 for the International Parkway Bridge. 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 II-J.9 CONSENT AGENDA ITEM 25732 The City Manager responded to Councilwoman Parkers' inquiries concerning portions of the BID and what was actually performed "in-house". Tafffic Engineer, John Herzke advised the longer lasting Thermal Plastic Pavement Markings were incorporated within the BID. The City Crews normally do the paint striping which must be redone approximately once a year. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED: LOW BID to Asphalt Roads and Materials Company, Inc., in the amount of $343,548-36 for the 1986-87 Bituminous Concrete Resurfacing Maintenance Schedule - Contract I. 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 - 42 - Item II-K.1/5/6 APPOINTMENTS ITEM # 25733 BY CONSENSUS, City Council RFSCHEDULED APPOINTMENTS: ARTS CENTER ADVISORY COMMITTEE SOUTHF.ASTERN PUBLIC SERVICE AUTHORITY SOUTHF,ASTERN VIRGINIA PLANNING DISTRICT COMMISSION - 43 - Item II-K.2. APPOINTMENTS ITEM # 25734 Upon NOMINATION by Councilman Perry, City Council APPOINTED to the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION: Dr. Joshua Edwards (to the unexpired term of Councilman John A. Perry through December 31, 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 - 44 - Item II-K-3- APPOINTMENTS ITEM # 25735 Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the ETHICS/CONFLICT OF INTERESTS ADVISORY COMMITTEE: Richard Bridges (representing the Virginia Beach Bar Association) Robert Galewski Tom Aiken (For a term of one year from JulY 15, 1986 to July 14, 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 *Verbal Aye - 45 - Item II-K.4. APPOINTMENTS ITEM # 25736 Upon NOMINATION by Councilman Balko, City Council APPOINTED to the PLANNING COMMISSION as an AT LARGE MEMBER: Barnett Thoroughgood (for the unexpired term of Councilman Albert W. Balko ending December 31, 1989) 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 - 46 - Item II-K.4.b APPOINTMENTS ITEM # 25737 Upon NOMINATION by Councilwoman Parker, City Council APPOINTED to the PLANNING COMMISSION as the representative for the VIRGINIA BEACH BOROUGH: Howard (Sam) Myers (for the unexpired term of Councilwoman Nancy K. Parker ending December 31, 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 - 47 Item II-L.1a. UNFINISHED BUSINESS OCEAN PARK ITEM # 25738 Chief Engineer Donald Trueblood advised it would necessitate 4 feet of sand to cover the old bulkhead. Mr. Trueblood further reiterated the amount of sand necessary to nourish the beach for its entire length. 4 feet 106,600 cubic yards 6 feet 159,900 cubic yards 8 feet 213,200 cubic yards Mr. Trueblood also referenced the recommendation from WATERWAYS SURVEYS AND ENGINEERING, the City's consultant concerning the "old" bulkhead. The Consultant recommended an 8-foot elevation and a narrower beach and same be monitored for a period of time. A 50-foot wide, 8-foot high beach would take approximately 100,000 yards. The Corps of Engineers estimated the price per yard for their next dredging would be $2-1/2 to $3 per yard. The mobilization and demobilization would be part of their contract. Mr. Trueblood believed the Consultant's Study concerning the "old" bulkhead was still necessary. Assistant City Attorney David Hay reiterated the three issues involved: (1) Whether to use the area as an additional spoil site, the Bay front Beach Area (Cheapeake Bay Drive runnning north towards the low water mark). (2) Whether to condemn the Bay Front Beach to satisfy the Corps of Engineers' mandate to use the area as a spoil site. (3) The proper verbage of a MOTION was requested to express the intent of City Council to abide by the Corps of Engineers' letter of June 13, 1986. An APPROPRIATION Ordinance in the amount of $250,000 was also distributed to City Council and does not reflect the value of the property. Robert Vakos, President of the Hotel/Motel Association, spoke in favor of replenishing the "resort" beaches. Mrs. Judith Connors, President of the Ocean Park Civic League, expressed appreciation to City Council. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: ORDINANCE TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE OF BAY DRIVE, AND THE OCEAN PARK BEACH TO WHICH THE CITY HAS OWNERSHIP RIGHTS, EITHER BY AGREEEMENT OR BY CONDEMNATION, FOR USE AS AN ADDITIONAL SPOIL SITE FOR THE DREDGING OF THE LYNNHAVEN INLET AND OTHER PUBLIC PURPOSES. - 48 - Item II-L.l.a UNFINISHED BUSINESS OCEAN PARK ITEM # 25738 (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 AN 01,L)INANCL' 'rO AUTIIORIZL' TliE ACQUISITION IN @'I-.E SIMPLE OF BAY DRIVE, AND T[il,. OCLAN PAITK BEACII TO WJIICII I'IIL' CITY IIAS OWNERStilP RECifT.13, L'ITIIER BY ACRL'EMI,I'NT OR BY CONF)EMNATION, @@OR USL' AS AN ADDITIONAL SIIOIL SITE FOR TliE DREDCING 01,' TIIE LYNNI@AVEN INLE'P AND O'FIILR PUBLIC PURPOSES WtiL'i@1,AS, in Llic opiiiion of LIIC Couticil of tlie city of Virgi,ii,i b.acii, Virgiiiia, a public necessity exists for tlie (it tliib importaiit proj.CL tor 1)ublic purpoiies i"Clu,iii,@, but IIOL liniited to uliliziiig said J)roperty fur iiii addiLiult@t spoil 6iLe for Llie dredgiiig uf tlie Lyniihaven Inl,2L dad for rucr.atiolial purpo6es aiid for the preservalioll of the safety, g.()d ord.r, cotiv(@niLiic,2, aiici welfare of Lhe I)eople iLi LI,, CiLy ut Virgiiiii Beacli. NOW, TIILREFORE, BL IT OI(I)ALNII'l) BY TIIE COUNCII, OF Tili@' CITY OF VII(Glt@IA bi:ACII, VIRGINIA: SecLion 1. TliaL the City ALLorney is hereby autliorized @iid dircL,:,l tc) cquire by purchase or conliemiiation pursualit to .S,cLioii. l@.1-236, ut ., 15.1-898, 15.1-899, aii(i SL-ction ..)5-4o.1, @L. ., aiid Suction 33.1-89, ut ., Code of Viri@inia of 1950, d., ainended, all Lliat cerlain real property sliowli a's b@y I)riv, ru@lilil)g Latit fruui Wuodlawti Av@iiuc Lo tkic Lylliiliavcii iill@t di"i refrclicd oii tlie plats of SUCLioll "B" aiid "C" C)f oc@ail I'ark aiid @@Ll Ll Lile Iziiid lyiii@; to tlie Nrtli uf thL tiortherii b,)ulidary liii. )i Llie lots arici blocks adjuiiiing ttiat partioli of li@y Drivc i,ti clescribed zibove tigellier willi tlie accretions zind r:ii)ariaii ri@,tils I.ying Lu the NorLI1 of Llic aforesaid blocks aiid exteiidiiij,, Lu tlie meati low water iiiarb-. of Chesapeake bay as shown 011 LIIC I'l@IE6 Of SeCtioii "B" aiid "C" ol Occaii Park and @is liow (,r 11@rL!@fL@r Ttie beacli arei r@ferenced above is d.tiigii.it@d "Kct;erved" and tlie street aiid beiich area are more p,ArLiculariy 611OW11 i@i @tap buok 5 at I)age 137 (Section "iS") alid iii @l,ii) iook 5 aL I)age 195 (sectioii "C") recorded iii tht! CirciiiL C,)urL Cli@rl,'s Office uf tlie City of Virginia iieacli, Virgiiiia. 'i'ile CiLy I,.b erl@iri riglits and iillerests to tlie propertivs dc6cribe,i ubove as refurcliced in tlie fullowing lawEiuiLs: Tn the l@eceiv,r t@,)r Gcciii Piirk C.,,r-l,@)ration, ii defunct - 48b - co - Chancery No. 921-1940, aiid of Vi_rginia Beach V. Paul @l. I.ii)kiii, Receiver for Ocean P,,rk Corporation - Law No. 81-1556, said cases curreally pending in tlie Circ,,it Court of the City of Nurfolk. Sectioii 2. That the City Attorney is hereby authorized to make or cause to be made on belialf of tlie CiLy of Virginia BLacii, to the extent tiiat funds are available, a reasonable offer to persoiis who may own or claim an iiiterest in said lands and, if refused, the City Attoriiey is lierlby autliorized to inslitute proceediiigs to condeinn said property. SecLion 3. That aii emergency is liereby declared to exist atid this ordinance stiall be in f orce and ef f ect f rom the date of its adoption. Adopted by the Council of Llie City of Virginia Beach, 14 July Virginia, on the dy of 1986. DSfl/j mh ( i ) - 49 - Item II-L.l.b. UNFINISHED BUSINESS OCEAN PARK ITEM # 25739 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council APPROVED the Statement of Intent to use the SPOIL SITE to replenish Ocean Park Beach per design of the Army Crops of Engineers. 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 - 49a Suggested notion: It is the intent of City council to attempt to utilize the secondary spoil site in order to replenish the Ocean Park beach to a design that may be approved by the U. S. Army Corps of Engineers, pursuant to the June 13, 1986 letter to the City Manager from the Acting District Engineer. - 50 - Item Il-K.l.c. UNFINISHED BUSINESS OCEAN PARK ITEM # 25740 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED AS AMENDED:" Ordinance to transfer $250,000 to Ocean Park Beach Site Acquisition. The words "purchase or" shall be added in the first sentence after the word litoll: "WHEREAS, the City Council desires to purchase or condemn certain property in Ocean Park, and .... 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 - 50 a - CITY OF VIRGINIA BEACH ORDINANCE WHEREAS, the City Gouncil de@iires Lo purchase or condemn certain property in Ocean Park, and WHEREAS, escrow requirements will be set by the court at the time of condemnation, NOW, THEREFORE be it ordained that $250,000-00 is hereby transferred from CIP Project 2-819 to the Ocean Park Beach-Site Acquisition Project and that said Ocean Park Beach-Site Acquisition Project is hereby established as a Capital Improvement Program Project. This Ordinance shall be effective from the date of adoption. Adopted this Fourteenth day of July, 1986. - 51 - Item II-M.I. UNFINISHED BUSINFSS ADD-ON ITEM # 25741 Mayor Jones ANNOUNCED the PUBLIC MEETINGS on "DOWNZONING" would be held at the PAVILION: Wednesday, July 16, 1986 7:00 P.M. Tuesday, July 22, 1986 7:00 P.M. It had been previously agreed these PUBLIC MEETINGS would be held in the City Council Conference Room. The City Manager advised these PUBLIC MEETINGS would be televised on the City's CHANNEL 29. - 52 - Item II-M.I. NEW BUSINESS DFSALTING PAPER ITEM # 25742 Thomas M. Leahy, III, P.E., Water Resources Engineer, presented to City Council his report entitled "THE POTENTIAL FOR DESALTING IN HAMPTON ROADS, VIRGINIA." Copies of same had been distributed to City Council previously. This report was presented at the National Water Supply Improvement Association Conference in Washington, D.C. Mr. Leashy advised he would be discussing two types of desalting, seawater and brackish water. Virginia Beach began investigating desalting in the late 1970'S. The City was ultimately selected by the Federal Government for a 2 MILLION Gallon-a- day mostly Federally funded demonstration DESALTING PLANT. Part of the project entailed investigating the ability of our brackish groundwater or brackish aquifer to sustain enough water to supply a desalting plant for an indefinite time. The City commissioned studies to investigate the lower Cretaceous aquifer. This is the aquifer that so many municipal and industrial wells draw in the Cities of Suffolk, Franklin and Southhampton, but in the City of Virginia Beach it happens to be brackish and in certain areas are even saltier than seawater. The Consultant recommended that the City could obtain up to 4 MILLION Gallons per day of brackish water, which would supply a 2 to 3 MILLION Gallon per day brackish water deslating plant for about 10 years and then after 10 years this would have to be further investigated. They also identified the "west central" part of the City which is basically Kempsville, south of the Eastern Branch of the Elizabeth River, where it was advised larger amounts of groundwater might be available. When this 2- MILLION Gallon a day DESALTING PLANT was eliminated by the Reagan administration, Virginia Beach proposed its own streamline version of the larger plant. The City envisioned no more than 15-MILLION gallons per day WITHDRAWAL, which would be sufficient water to supply a 10- MILLION Gallon-per-day plant. The conclusions of the consultant, Geraghty and Miller, derived that the Virginia Beach wells would have a maximum capacity of 1- to 2-MILLION gallons per day and would have a minimum spacing of 2,000 to 4,000 feet and the well depth would be 1,013 feet allowing for relatively expensive wells. There were quality problems as well as quantity problems. The most important of which would be TDS (Total Dissolved Solids), which entails the amount of salt in the water and totals 4,000 miligrams per liter. Mr. Leahy further defined the DESALTING SYSTEM COMPONENTS: Raw Water Facilities Pretreatment Facilities Brine Disposal Facilities Building and Support Facilities Desalting Systems Redundant Systems Emergency Power Product Water Storage Post Treatment Contingency Indirect Costs - 53 - Item II-M.1 UNFINISHED BUSINESS DESALTING PAPER ITEM # 25742 (Continued) Mr. Leahy referenced the chart entitled: "COST OF OBTAINING WATER SUMKARY" 1990 Dollars (Annual Costs in Millions): Norfolk $ 16.1 Lake Gaston 20.8 Brackish Water Desalting 25.4 Seawater Deslating 68.5 GONCLUSIONS 1. Brackish Groundwater is limited. 2. Raw Water, Pretreatment and Brine Disposal Problems. 3. Reliability, Redundancy and Backup Provisions cannot compete with conventional alternatives. 4. Seawater Desalting is considerably more expensive than Conventional Alternatives. The Army Corps of Engineers has undertaken the same studies and has different ways of calculating the costs. The Army Corps of Engineers decided Lake Gaston was the best alternative with the lowest cost. The Corps was criticized for not investigating reverse osmosis in their water supply study. The Corps commissioned their consultant to prepare a supplemental report investigating reverse osmosis. The Water Study indicated an annual cost of $75 MILLION per year for 40 years. A theoretical study was obtained on Brackish water and determined a $19- MILLION per year annual cost and the Lake Gaston cost was estimated at $12- MILLION per year. Councilman Balko requested the City Staff determine sources of funding for those neighborhoods meeting the 51% petition requirements and of those that are having failing wells. The Staff will prepare additional information for the City Council Meeting of August 4, 1986, relative voluntary water restrictions. The City Council extended appreciation and compliments to Thomas Leahy relative the excellence of his presentation. - 54 - Item II-N.l. RECESS INTO EXFCUTIVE SESSION ITEM # 25743 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Fentress, seconded by Councilman Balko, City Council RECESSED into Executive Session for discussion of Publicly Held Property and Legal Matters, after which to adjourn (7:45 P.M.). 1. PUBLICITY 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. 2. LEGAL 14ATTERS: 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. 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 - 55 - Item II-N.2 ADJOURNMENT ITEM # 25744 Upon motion by Councilman Baum and BY ACCLAMATION City Council ADJOURNED the Meeting at 7:45 P.M. BeveriT 0. Hooks Chief Deputy City Clerk uth Rdg. S. City Clerk City of Virginia Beach Virginia July 14, 1986