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JUNE 16, 1986 MINUTES "WORLD'S LARGEST RESORT CITY" cny coErNcu. MA YQR HAROLD @OSEA AS L-W VICE-)AA YOR MU I MCLAHM P- A- JOMN A. BALIM. NANCY A. CRRZCJI. At L.P RODEarz@ v@@@A BARBAJtA U. HENLEY. @ @k M. FACK @JNG& JJL. L@ LOUJS A. J@ @ @ ROM'r G. f@ At L-" J. HWNRY M.COY, AL. X@ 281 C17YHAL.L BULLDI.VG i.ruNICLPAL @ RU7N HODGES @. CMC C-y MA CITY COUNCIL AGENDA VMGWIA @CH. VIJWR41A @00 June 16, 1986 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXFCUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL Council Chambers 2:00 PM A. INVOCATION: Reverend Geoffrey Heath Presbyterian Minister, Retired B. PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Minutes of June 9, 1986. G. PRESENTATION 1. Miss Virginia Beach - Cynthia Fall 2. Miss Tidewater - Leigh Berry Lawson H. PLANNING 1. Ordinance for the discontinuance, closure and abandonment of a portion of Old Norfolk/Virginia Beach Road in the petition of Maureen Mottolese (Lynnhaven Borough). DEFERRED BY CITY COUNCIL April 28, 1986 Recommendation: EXTENSION OF TIME for Thirty Days 2. Application of Affordable Homes, Inc., f or a change of zoning from R-6 Residential District to A-2 Apartment District located at the northeast side of Princess Anne Road 650 feet southeast of Windsor Oaks Boulevard containing 9.9 acres (Kempsville Borough). DEFERRED BY CITY COUNCIL June 9, 1986 Recommendation: APPROVAL 3. Application of Temple Emanuel Trustees for a conditional use permit for additions (social hall and kitchen) to Temple Emanuel located at the northeast corner of Baltic Avenue and 25th Street on Lots 21, 23, and 25, and part of Lots 27, 29 and 31, Block 96, Virginia Beach Development Company containing 20,473 square feet (Virginia Beach Borough). Recommendation: APPROVAL 4. Application of Cyd L. and Travis W. Halstead, Jr. for a conditional use permit for a single family dwelling in the TG--l Agricultural District, a riding academy, horses for hire and boarding shelter for farm employees located at the west side of Princess Anne Road 2800 feet north of Stowe Road containing 36 acres (Pungo Borough). Recommendation: APPROVAL 5. Application of MAIN Corporation for a conditional use permit for an Aamco Transmission Shop loca e@d at the south side of Virginia Beach Boulevard, 919.65 feet west of the intersection with the Virginia Beach Toll Road containing 18,000 square feet (Lynnhaven Borough). Recommendation: DENIAL 6. Application of C. Randolph Zehmer, for a change of zoning from AG-2 Agricultural District to R-4 Residential District on Lots 2 and 3, Sandbridge Beach located at 312 and 316 Seascape Road containing 2.11 acres (Pungo Borough). Recommendation: APPROVAL 7. Application of The Breeden Companies, for a change of zoning from R-5 Residential District to A-2 Apartment -5istrict located at the south side of Mill Dam Road, 289.7 feet west of Hawaiian Drive containing 6.6 acres (Lynnhaven Borough). Recommendation: DENIAL 8. Application of RML Corporation, for a change of zoning from R-6 Residential District to B-1 Business-Residential District located at the northeast intersection of 844 First Colonial Road and Laurel Lane containing 2.702 acres (Lynnhaven Borough). Recommendation: DENIAL 9. Application of W. R. Malbon, Patrick Standing, et al for a conditional use permit for a marina located at the south S=Ide of Susan Constant Drive on Parcel A, Section D, Princess Anne Hills containing 7100 square feet (Lynnhaven Borough). Recommendation: NONE DUE TO TIE VOTE 10. Application of City of Virginia Beach for a conditional use permit for a landfill located at the south side of the Virginia Beach Toll Road, 337.55 feet west of Airstation Drive containing 67.1 acres (Lynnhaven Borough). Recommendation: APPROVAL 11. Application of the City of Virginia Beach to amend the Master Street and Highway Plan regarding certain map and text format changes. Recommendation: APPROVAL 1. RESOLUTIONS Industrial Development Revenue Bonds 1. Resolution approving the issuance of Industrial Development Revenue Bouds: a. Birdneck Apartment Associates II - $3,700,000 b. Flair Property Associates - $8,000,000 c. Oceanside Investment Associates - $7,440,000 d. Stardam Associates - $ 200,000 2. Resolution establishing -A Percent for Arts Program.- AND, Resolution approving sites to be funded by the -Percent for Arts Program- for fiscal year 1986-87. 3. Resolution of the City Council of the City of Virginia Beach changing the name of Lake Tectmoeh to Brinson's lulet Lake. J. ORDINANCES 1. Ordinance to amend and reordain Chapter 5 of the Code of the City of Virginia Beach, Virginia, by adding a new Section 5-18 pertaining to Dogs Riding in Motor Vehicles. 2. Ordinance declaring certain property excess and authorizing the City Manager to dispose of same in the area of Old Donation Parkway. 3. Ordinance to authorize the acquisition in fee simple of Bay Drive, the Ocean Park Beach, certain parks, traffic circles and access areas to which the City has ownership rights, either by agreement or by condemnation. K. COMSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the City Manager to execute an agreement with Southeastern Virginia Job Training Administration for the 1986 Job Training Partnership Act Summer Youth Fmployment and Training Program. 2. Ordinance to authorize and direct the City Manager to execute a water cost-participation agreement with Southland Corporation. 3. Ordinance to transfer $18,000 within the Department of Public Works for the purchase of an automated sig=aker machine. 4. Ordinance to transfer $25,000 from reserve for contingencies for the renovation of Owls Creek Boat Ramp. 5. Ordinance to authorize a temporary encroacbment into portions of the rights-of-way of At@tic Avenue, 33rd Street, and Ocean Avenue to Four Sails Associates, its assigns and successors in title. 6. Ordinance to authorize a temporary encroacbment into a portion of the right-of-way of Holly Road to Robert and Ann P. Stern, husband and wife, their heirs, assigns and successors in title. 7. LOW BID to Asphalt Roads and Materials Company, Inc. in the amount of $305,278.57 for the 1985-86 Bituminous Concrete Maintenance Schedule - Contract III. L. UNFINISHED BUSINESS 1. CONFLICT OF INTERESTS ORDINANCE 2. Left Turn/Bypass Lane on Seaboard Road at Foxfire Subdivision M. NEW BUSINESS N. ADJOURNMENT June 18, i986 - PUBLIC HEARING AND FIRST READING Virginia Beach Arts Center Council Chambers 7:00 P.M. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 16, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, June 16, 1986, at 12:40 P.M. Council Members Present: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: John A. Baum (ENTERED: 1:53 P.M.) Louis R. Jones (ENTERED: 1:47 P.M.) - 2 - ITEM # 25524 Mayor Heischober entertained a motion to permit Council to conduct its EXFCUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL 14ATTERS: 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 of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Fentress, seconded by Councilman Robert Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum (ENRERED: 1:53 P.M.) Louis R. Jones (ENTERED: 1:47 P.M.) 3 R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 16, 1986 2:15 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, June 16, 1986, at 2:15 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack JenningS, Jr., LDuis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Geoffrey Heath Presbyterian Minister, Retired PLEDGE OF ALLEGIANCE TO THF FL&C OF THE UNITED STATES OF AMERICA - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 ITEM # 25525 The City Manager advised of an ADD-ON RESOLUTION concerning LONDON BRIDGE ROAD, PHASE I. This Resolution will be inserted under RESOLUTIONS as Item II-I.4. June 16 1986 - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ITEM # 25526 Councilwoman Creech advised she had ABSTAINED from the Ordinance upon application of AFFOPDABLE HOMES, INC. at the City Council Meeting of June 9, 1986. Councilwoman Creech has been advised her firm has not done business with AFFORDABLE HOMES in at least three (3) years. After discussion with the City Attorney, he advised Councilwoman Creech could vote on this particular item. (See Item II-H.2 of the PLANNING AGENDA). June 16, 1986 6 Item II-F. 1 MINUTES ITEM 25527 Upo,i motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED the Minutes of June 9, 1986,with the following CORRECTION: ITEM # 25486, Page 2, EXECUTIVE SESSION Voting: 9-2 should correctly read Voting: 9-0 Two Members of Council were Absent. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. 7 Item II-G.I/ C.2 PRESENTATION ITEM # 25528 Mayor Heischober RECOGNIZED: Miss Virginia Beach Cynthia Fall Miss Tidewater Leigh Berry Lawson Miss Fall is a graduate of First Colonial High School and a Senior at James Madison College. Miss Lawson is a graduate of William and Mary College. Mayor Heischober presented each with a JEFFERSON CUP. Special recognition was also given to Paulette Pierce for her organization of the MISS VIRGINIA Pagent for fourteen (14) years. 8 Item II-G.3 PRESENTATION ITEM 25529 ADD-ON Mayor Heischober presented a RESOLUTION IN RECOGNITION: RUTH HODGES SMITH, CMC Director, Region II, International Institute of Municipal Clerks This Resolution RECOGNIZED the election of Ruth Hodges Smith, City Clerk of Virginia Beach, as Director, Region II, IIMC. Mrs. Smith will represent the States of Delaware, Maryland, Pennsylvania, New Jersey, Virginia and West Virginia. Mrs. Smith expressed appreciation to City Council both past and present. Councilwoman Creech and Councilman McCoy complimented the diligence and dedication of the City Clerk and her staff. 9 Item II-H.1 PLANNING ITEM 25530 Attorney R. J. Nutter represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council APPROVED EXTENSION OF TIME FOR COMPLIANCE until tbe City Council Meeting of October 20, 1986, an Ordinance for the discontinuance, closure and abandonment of a portion of Old Norfolk/Virginia Beach Road in the petition of MAURENE MOTTOLESE: Application of Maureen M. Mottolese for the discontinuance, closure and abandonment of a portion of Old Norfolk-Virginia Beach Road beginning on the west side of Little Neck Road and running in a westerly direction a distance of 236.87 feet. Said parcel varies in width from 41.93 feet to 30 feet and contains 10,410.84 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Pentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 16 1986 - 10 - Item II-H.2 PLANNING ITEM # 255')l Attorney Robert Cromwell represented the application Sam Houston, Mayor's Committee on Aging, inquired as to the cost of the units, and advised he had been assured by the builder concerning the beautification of this facility. Upon motion by Councilman McCoy, seconded by Councilman Baum, City council ADOPTED an Ordinance upon application of AFFORDABLE HOMES, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF AFFORDABLE HOMES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO A-2 Z06861099 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Affordable Homes, Inc., for a Change of Zoning District Cla,,. Ication from R-6 Residential District to A-2 Apartment district on certain property located on the nortbeast side of Princess Anne Road, 650 feet southeast of Windsor Oaks Boulevard. Said parcel contains 9.9 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. At I:eas.t forty percent (40%) of the buildings are to be three storied units. 2. Units shall be condominiums "For Sale". 3. Density shall be limited to Eighteen (18) per acre (178 total). Prior to the changing of the official zoning maps, the folowing condition shall be met: A variable width right-of-way dedication is required along the frontage on Princess Anne Road, in accordance with the plans on file in the City Engineer's Office. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of June, Nineteen Hundred and Eighty-six. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones and Meyera E. Oberndorf Council Members Absent: None Item II-H.3 PLANNING ITEM 25532 William E. MaClurd, Architect for Temple Emanuel Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of TEMPLE EMANUEL TRUSTEES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TEMPLE EMANUEL TRUSTEES FOR A CONDITIONAL USE PERMIT FOR ADDITIONS R0686844 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Temple Emanuel Trustees for a Conditional Use Permit for additions (social hall & kitchen) to Temple Emanuel at the northeast corner of Baltic Avenue and 25th Street on Lots 21, 23 and 25, and part of Lots 27, 29 and 31, Block 96, Virginia Beacb Development Co. Said parcels contain 20,473 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beacb, Virginia, on the Sixteenth day of June, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Jobn A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 12 - Item II-H.4 PLANNING ITE # 25533 The City Clerk referenced letter of June 5, 1986, from Attorney William Cox, requested WITHDRAWAL of said application. Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of CYD L. AND TR.AVIS W. HALSTEAD, JR. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CYD L. AND TRAVIS W. HALSTEAD, JR. FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT, A RIDING ACADEMY, HORSES FOR HIRE AND BOARDING AND SHELTER FOR FARM EMPLOYEES Ordinance upon application of Cyd L. Halstead and Travis W. Halstead, Jr., for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District, a riding academy, horses for hire and boarding and shelter for farm employees on the west side of Princess Anne Road, 2800 feet north of Stowe Road. Said parcel contains 36 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 13 - Item II-H.4a PLANNING ITEM # 25534 ADD-ON Councilman Baum requested Robert Scott, Director of Planning, to forward copies of Ordinances related to shelter for farm labor (rural trailers), and the Mobile Home section of the City Code. Councilman Baum wished to review same. Councilman Baum referenced the aforementioned application of CYD L. AND TRAVIS W. HALSTEAD, JR. for a Conditional Use Permit for a single family dwelling. The Wl WAL of this application might concern same. - 14 - Item II-H.5 PLANNING ITEM # 25535 Attorney Robert Cromwell represented the applicant and distributed a photograph depicting same. (Said photograph is hereby made a part of the record.) Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of MAIN CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MAIN CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AAMCO TRANSMISSION SHOP R0686845 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MAIN CORPORATION for a Conditional Use Permit for an Aamco Transmission shop on the south side of Virginia Beach Boulevard' 919.65 feet west of the intersection with the Virginia Beach Toll Road. Said parcel is located at 1949 Virginia Beach Boulevard and contains 18,000 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Dedication along Virginia Beach Boulevard in accordance with the Master Street and Highway Plan to provide for an ultimate 90-foot right-of-way. 2. Vehicles shall be stored out of sight, with no junk vehicles, and no vehicles for sale. 3. Electric-fired toilets. (Incinloet) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of June, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy A. Creech Council Members Absent: None - 15 - Item II-H.6. PLANNING ITEM # 25536 Attorney Robert Cromwell represented the applicant Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of C. RANDOLPH ZEHMER for a Change of Zoning: ORDINANCE UPON APPLICATION OF C. RANDOLPH ZEHMER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-4 Z06861100 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of C. Randolph Zehmer for a Change of Zoning District Classification from AG-2 Agricultural District to R-4 Residential District on Lots 2 and 3, Sandbridge Beach. Said parcels are located at 312 and 316 Seascape Road and contaiu 2.11 acres. PUNGO BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of June, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech - 16 - Item II-H.7 PLANNING ITEM # 25537 Opposition: Ron Makela, represented the Great Neck Association of Civic Leagues John Haynes, Jr., represented the Mill Dam Civic League in association with the Great Neck Association of Civic Leagues. Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council, DENIED an Oidinance upon application of THE BREEDEN COMPANIFS for a Change of Zoning: ORDINANCE UPON APPLICATION OF THE BREEDEN COMPANIES FOR A CHANGE OF ZONING FROM R-5 TO A-2 Ordinance upon application of The Breeden Companies for a Change of Zoning District Classification from R-5 Residential District to A-2 Apartment District on certain property located on the south side of Mill Dam Road, 289.7 feet west of Hawaiian Drive. Said parcel contains 6.6 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. MILL DAN TARGET AREA Voting: 7-0 Council Members Voting Aye: John A. Baum, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Robert E. Fentress and H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. June 16, 1986 - 17 - Item II-H.8 PLANNING ITEM # 25538 The City Clerk referenced letter from Attorney Grover C. Wright dated June 11, 1986, requesting DEFERRAL of the application. Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council DEFERRED until the City Council Meeting of July 7, 1986, an Ordinance upon application of RIIL CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF RML CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-1 Ordinance upon application of RML Corporation for a Change of Zoning District Classification from R-6 Residential District to B-1 Business-Residential District on the northeast intersection of First Colonial Road and Laurel Lane. Said parcel is located at 844 First Colonial Road and contains 2.702 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Votirig Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf. Council Members Voting Nay: None Council Members Abstaining: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech June 16, 1986 Item II-H.9 - 18 - PLANNING ITEM # 25539 The following spoke in favor of said application: Patrick Standing, the applicant Attorney Ned Caton, represented the applicant Hall Snellings, resident of Susan Contstant Drive The following spoke in OPPOSITION: Attorney William W. Harrison, represented the Princess Anne Hills Civic League John Salop, Princess Anne Hills Civic League Joseph Cotten, resident of Goodspeed Road James Beverly, resident of Goodspeed Road Robert E. Hoffman, resident of Goodspeed Drive Carolyn Brown, resident of Goodseed Road Robert DeGrouche, resident of Discovery Road. Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of W. R. MALBON, PATRICK STANDING, STEPHEN STANDING, D. T. CASHION, ROBEPT GOODMAN, M. G. HOLLENBECK, SUE McNARY AND J. W. CLEMENS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF W. R. MALBON, PATRICK STANDING, STEPHEN STANDING, D. T. CASHION, ROBERT GOODMAN, M. G. HOLLENBECK, SUE McNARY AND J. W. CLEMENS FOR A CONDITIONAL USE PERMIT FOR A MARINA R0686846 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appliction of W. R. Malbon, Patrick Standing, Stephen Standing, D. T. Cashion, Robert Goodman, M. G. Hollenbeck, Sue McNary and J. W. Clemens, for a Conditional Use Permit for amarina on the south side of Susan Constant Drive on Parcel A, Section D, Princess Anne Hills. Said parcel contains 7100 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Dock shall be for exclusive use of applicants and guests. 2. Maximum boat facilities not to exceed eight (8) boats. 3. No boats shall exceed 25 feet in length. 4. No commercial @.use of the marina shall be permitted. 5. Heavy "Living" buffering on both east and west side of property subject to staff approval at site plan review. 6. Parcel to be used only after bulk heading and tie post of a parcel is completed. 7. Parcel to be used only for docking of boats. 8. Boats are never to be launched from parcel. 9. Boat trailers are never to be allowed on parcel. 10. No boating equipment is allowed except that kept in boat. 11. Boaters never allowed to entertain at the parcel. 12. The parcel is never to be used as a playground. 13. Owner of a parcel cannot rent out his area or allow others to use his space. 14. Application shall be subject to all federal, state and local applicable permits. 19 - Item II-H.9 PLANNING ITEM 25539 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of June, Nineteen Hundred and Eighty-six. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones and J. Henry McCoy, Jr., D.D.S.. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: None June 16, 1986 - 20 - Item II-H.10. PLANNING ITEM # 25540 Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of the CITY OF VIRGINYA BEACH for a Conditional Use Permit for a landfill: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A LANDFILL R0686847 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Use Permit for a landfill on certain property located on the south side of the Virginia Beach Toll Road, 337.55 feet west of Airstation Drive. Said parcel contains 67.1 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. After fill is completed, the land is to be made suitable for agricultural uses. This Ordinance shall be efffective upon the date of adoption. Adopted by the Council of the City of Virginia Beach on the Sixteenth day of June, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heiscbober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 21 - Item II-H.11 PLANNING TTEM 25541 The City Manager requested this item be DEFERRED INDEFINITELY. Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council DEFERRED INDEFNITELY: Application of the City of Virginia Beach to amend the Master Street and Highway Plan regarding certain MAP and TEXT FORMAT changes. More detailed information are avaialble in the Department of Planning. This item will be returned to City Council in conjunction witb tbe entire MASTER STREET AND HIGHWAY PLAN Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 22 - Item II-I.I.a/d RFSOLUTIONS ITEM # 25542 Assistant City Attorney Kevin Cosgrove responded to City Council's inquiries. Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS: BIRDNECK APARTMENT ASSOCIATES 11 $3,700,000 OCEANSIDE INVESTMENT ASSOCIATES $7,440,000 Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None BOND ISSUES FOR CITY COUNCIL'S JUNE 16, 1986, AGENDA: HOUSING BONDS Birdneck Apartment Associates II - $3,700,000 Flair Property Associates - $8,000,000 REFUNDING BONDS Oceanside Investment Associates - $7,440,000 Stardam Associates - $200,000 4/25/8 4 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I PROJECT NAME: Birdneck Apartment Associates II North side of Atlantis Drive at its eastern end, 2. LOCATION: bounded on the west by Birdneck Lakes Apartments. 3. DESCRIPTION OF PROJECT: 100 units multi-family residential rental -housing project. 4. AMOUNT or 13OND ISSUE: $3,700,000 S. PRINCIPALS: Rprnip .1 Grablowsky Thomas P. Kapsha L. B. Reavis Vincent R. Olivieri 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? FISCAL IMPACT STATEMENT OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Date: 4/28/86 The undersigned Chairman states, in compliance with Section 15.1-1378.2, Code of Virginia of 1950: Naune of Applicant: Birdneck Apartment Associates II, a Virginia limited partnership in formation Facility: 100 units of residential rental housing on north side of Atlantis Drive, at its eastern end, bounded on the west by Birdneck Lakes Apartinents. 1. Maximum amount of financing sought $ 3,700,000 2. Estimated taxable value of the facility's real property to be constructed in the City of Norfolk $ 3,775,000 3. Estimated real property tax per year using present tax rates $ 30,200 4. Estimated personal property tax per year using present tax rates $ 1,400 5. Estimated business license (in lieu of merchants' capital) tax per year using present tax rates $ 3,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 62@000 7. Estiniated nuffber of regular employees on year round basis 3 B. Average annual salary per employee $ 14,000 CITY OF VIRGINIA BEACH DEVELO AUTHORITY By MUN. BOND FORMS/VBIDA-FIS r D I E I F 14 2 ATES LS 3 !Z jRAN L7 5 SCL LIN p 'tiv Old Nwk Pt PA -LITRLE 6 7 0 8 q sttion & ,.Mw. Cme, I 0 1 PeNi. Wks V. ii..h FMig F-ie s 12SS PROJECT NAME: Birdneck Apartment Associates II PROJECT ADDRESS: North side, Atlantis Drive, at its eastern end, bounded on the west by Birdneck Lakes Apartments PROJECT TYPE: Multi-family residential rental housing A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 16th day of June, 1986. On motion by and seconded by the following Resolut@ion was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BIRDNECK APARTMENT ASSOCIATES II WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application of Birdneck Apartment Associates 11, a Virginia limited partnership in formation (the "Purchaser"), for the issuance of the Authority's housing revenue bond or bonds in an amount estimated at $3,700,000 (the "Bonds") to assist in the financing of the Purchaser's acquisition, construction and operation of a 100-unit multi-family residential rental complex (the "Project") located on the north side of Atlantis Drive at its eastern end, bounded on the west by Birdneck Lakes Apartments, in the City of Virginia Beach, Virginia, pursuant to a public hearing held thereon on June 10, 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 (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority, for the benefit of the Purchaser, to the extent required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, 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 to pay the Bonds or ihe interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Reso7ution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 16, 1986. WLN.RES.BIRD.4/28/86 - 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Oceanside Investment Associates Facility T/A Holiday Inn Oceanside 2. LOCATION: 2105 Atlantic Avenue 3. DESCRIPTION OF PROJECT: 138 unit hotel 4. AMOUNT OF BOND ISSUE: $7,440,000 5. PRINCIPALS: Thomas J. Lyons, Jr. (General Partner) 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: H-2 b. Is rezoning proposed? No C. if so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: OCEANSIDE INVESTMENT ASSOCIATES FACILITY TYPE OF FACILITY: 138 UNIT HOTEL 1. Maximum amount of financing sought $7,440,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $7,679,000 3. Estimated real property tax per year using present tax rates $ 61,112 4. Estimated personal property tax per year using present tax rates $ 41,005 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 11,375 6. Estimated dollar value per year of goods and services that will be purchased locally $1,128,592 7. Estimated number of regular employees on year round basis 90 (average) 8. Average annual salary per employee $ 7,059 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEA DEVELOPI-IENT AUTHORIT B'7 c @LL rA NAME OF PROJECT: Oceanside Investment Associates Facility LOCATION OF PROJECT: 2105 Atlantic Avenue, Virginia Beach TYPE OF PROJECT: Hotel RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR OCEANSIDE INVESTMENT ASSOCIATES WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Oceanside Investment Associates, a Virginia limited partner- ship (the Company) whose address is 3600 Pacific Avenue, Virginia Beach, Virginia 23451 for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $7,440,000 (the Refunding Bonds) to refund (i) those certain Industrial Development Revenue Bonds (Oceanside Investment Associates Facility), Series of 1983, maturing on or after October 1, 1987, and having an aggregate face amount of $7,015,000 (the "Original Bonds"), and (ii) that certain 1983 $425,000 Industrial Development Revenue Bond (oceanside Investment Associates Facility), dated November 9, 1983 (the "Secondary Bond"); and WHEREAS, the Original Bonds and the Secondary Bond were issued to assist in financing the acquisition, construction, and equipping of a hotel facility (the Facility) located at 2105 Atlantic Avenue in the City of Virginia Beach, Virginia, owned by the Company; and WHEREAS the Authority held a public hearing on the issuance of the Refunding Bond on June 10, 1986; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Refunding Bonds to comply with (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Chapter 514 of the 1983 Acts of the General Assembly of Virginia (Chapter 514) and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Refunding Bonds, subject to terms to be agreed upon, a reasonably detailed surnmary of the comments expressed at the public hearing, if any, and the fiscal impact statement required by Chapter 514 and Section 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Refunding Bonds by the Authority, for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code, Chapter 514 and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Refunding Bonds, as required by Section 103(k) of the Internal Revenue Code, Chapter 514, and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Refunding Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Refunding Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Refunding Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. In approving this Resolution, the 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) the Authority's failure to issue the Refunding 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 other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of the Refunding Bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. 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 Junel6, 1986. 2 - 23 - Item II-I.l.c RESOLUTIONS ITEM # 25543 Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED the Resolution approving the issuance of INDUSTRIAL DEVELOPMM REVENUE BONDS: FLAIR PROPERTY ASSOCIATES $8,000,000 Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy A. Creech Council Members Absent: None *Verbal Abstention 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: FLAIR PROPFRTY ASSOCTATES 2. LOCATION: florth of Harppr Sqijarp Apartnipntq nn thp South @ide of Harppr Road 3. DESCRIPTION OF PROJECT: 214 unit residential -rental proipct 4. AMOUNT OF BOND ISSUE: 58,000,000 S. PRINCIPALS: Be'rnie J. Grablowsky L. B. Reavis Thomas P. Kapsha Vincent R. Olivieri 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-1 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? Exhibit D FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: April 7, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: FLAIR PROPERTY ASSOCIATES TYPE OF FACILITY: 214 unit residential rental project located North of Harper Square Apartments on south side of Harper Road. 1. Maximum amount of financing sought $ 8,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 7,250,000 3. Estimated real property tax per year using present tax rates $ 58,000 4. Estimated personal property tax per year using present tax rates $ 3,000 5. Estimated merchants' capital (business license) tax per year using present tax 6,000 rates $ 6. Estimated dollar value per year of goods and services that will be purchased loo,ooo post-construction locally $ 7. Estimated number of regular employees on year round basis $ 8. Average annual salary per employee $ 14-DOO Ttie information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Auttiority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority B an 2.730.000 FT 76,00,00-JOi,7SM8P 14 2.740,000 FT c D E F G H K 22 A STATION ci s 3 .in Gots EC '@G IT, B SE 4 T,. 5 ONS NER q fl c 6 LAKE T- 9 L Fli et C..b.t T,sW.g Co.te, Atiamtic/ 0 PROJECT NATIE: Flair Property Associates, a Virginia general partnershir) PROJECT ADDRESS: North of Harper Square A.Partments on south side of Harper Road PROJECT TYPE: Residential rental housing A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 19th day of May, 1986. On motion by and seconded by the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO FLAIR PROPERTY ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application of Flair Property Associates, a Virginia general partnership (the "Purchaser"), for the issuance of the Authority's housing revenue bond or bonds in an amount estimated at $8,000,000 (the "Bonds") to assist in the financing of the Purchaser's acquisition, construction and operation of a 214-unit multi-family residential rental complex (the "Project") located north of Harper Square Apartments on the south side of Harper Road, in the City of Virginia Beach, Virginia, pursuant to a public hearing held thereon on May 13, 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 (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority, for the benefit of the Purchaser, to the extent required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, 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 to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect imediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 16, 1986 WLN.RES.FLAIR.4/4/86 2 - 24 - Item II-I.d. RESOLUTIONS ITEM # 25544 Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED a Resolution approving the issuance of INDUSTRIAL DEVELOPNM REVENUE BONDS to: STARDAM ASSOCIATES $ 200,000 Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S- and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr.* Council Members Absent: None *Verbal Nay 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: STARDAM ASSor-IATES 2. LOCATION: 4571 Columbus Loop, Virginia Beach, VA 3. DESCRIPTION OF PROJECT: @dical office Building 4. AMOUNT OF BOND ISSUE: $200,000.00 5. PRINCIPALS: DR. STEVEN M. TAUBMAN DR. JAY I. TISRHLER 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? Exhibit D FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: My 15, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: STARDAM ASSORIAIES TYPE OF FACILITY: Medical office Building 1. maximum amount.of financing sought $ 200,000.00 2. Estiniated taxable value of the facility's real property to be constructed in the municipality $ 250,000.00 3. Estiiiiated real property tax per year using present tax rates $ 1,285.00 4. Estiiiiated personal property tax per year using present tax rates $ 1,764.00 5. Estijnated merchants' capital (business license) tax per year using present tax rates $ 2,852.00 6. Estiinated dollar value per year of goods and services that will be purchased locally $ 20,000.00 7. Estiniated number of regular employees,on year round basis $ 11 8. Average annual salary per employee $ 29,500.00 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 witti repect thereto. City of Virginia Beach Developinent Authority B 11% sip! @OL@(.ill PROJECT NAME: Stardam Associates PROJECT ADDRESS: 4571 Columbus Loop Virginia Beach, VA PROJECT TYPE: medical Office Building A RESOLL)TION APPWWW, THE RE-ISSUANCE AND MODIFICATION OF INDUSTRIAL DEVEIDPMENT REVENUE BONDS BY THE CITY OF VIRGINIA BEACH DEVELDPMERR AUTHORITY, MR STARDAM ASSOCIATES IN AN AMOUNT NOT TO EXCEED $200,000 FOR REFUNDING OF AN EXISTING BOND ISSUE WHICH WAS USED To FINANCE THE COST OF ACQUISITION, CONSTRUCTION AND EQUIPPING OF A MEDICAL OFFICE BUILDING AT 4571 00 S LOOP, IN THE CITY OF VIRGINIA BEACH,VIRGINIA. WHEREAS, the City of Virginia Beach Development Authority, has been authorized by the Council of the City of Virginia Beach, Virginia, to advertise and hold public hearings relative to the issuance of Industrial Development Revenue Bonds; and WHEREAS, on December 29, 1982, the Authority issued, sold and delivered @ Hundred Thousand DDIlars ($200,000.00) principal amount of 1982 Revenue Bonds (Stardam Associates Facility) hereinafter called (the "1982 Bonds") to enable Stardam Associates, a Virginia general partnership, to finance the cost of acquisition, construction, and equipping of a medical office building at 4571 ColLirnbus Loop in Virginia Beach, Virginia (the "facility"); and WHEREAS, the Authority has considered the application of Stardam Associates, a Virginia General Partnership, with its principal place of business at 4571 Columbus Lcop, Virginia Beach, Virginia, for the re- issuance and @ification by the Authority of the 111982 Bonds" in the amount of TWo Hundred Thousand Dc)llars ($200,000-00) for the purpose ot refunding the said bonds, and has held a public hearing thereon on June 10, 1986; and wHEREAs, the Authority has requested that the City Council approve the re-issuance and modification of the bonds for refunding to c(xnply with the applicable federal and state law; and WHEREAS, a copy of the Authority's resolution approving the re- issuance and modification of the bonds, subject to the terms and conditions contained therein, and the appropriate certifications and docLunentations have been provided to the City Council for their consideration; and WHEREAS, the purpose of re-issuing and modifying these bonds will be to refund the "1982 Bonds" without increasing the amount or the term thereof and, as such, does not require an allocation of any portion of the city's limit inwsed pursuant to the Executive Order providing for a formula for allocating the State Ceiling for the Cmmn-wealth of Virginia imposed pursuant to Section 103 (n) of the Internal Revenue Code of 1954, as amended. I i I t I NCW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia, that Council approves the re-issuance and modification of Industrial Development Revenue Bonds heretofore issued on December 29, 1982 by the Authority for Stardain Associates, in the amount of $200,000.00, which were used to finance the cost of the acquisition, construction, and equipping of a niedical office building at 4571 Columbus Loop in Virginia Beach, Virginia, provided that such modification shall not increase the face amount of the 1982 Bonds or extend the term thereof. BE IT FURTHER RESOLVED that the approval of the re-issuance of the bonds as required by the applicable federal and state laws does not constitute an endorsement of the bonds, financial viability of the facility, or the credit worthiness of Stardarn Associates, but, as required by Section 15.1-1380 of the Code of Virginia, 1950, as amended, the bonds shall provide that neither the Ccmmonwealth of Virginia, the City of Virginia Beach, nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except frcm the revenues and monies pledged therefor, and neither the faith or the credit of the taxinq r of the _ powe Cammnwealth, the City, nor the Authority shall be pledged thereto. This resolution shall take effect immdiately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, at a meeting held June 16, 1986. TESTE: City Clerk -2- - 25 - Item II-I.2. RESOLUTIONS ITEM # 25545 Andrew Fine, Chairman of the ARTS AND HUMANITIES COMMISSION, reiterated the recommendations of the ARTS AND HUMANITIES COMMISSION to fund the following sites for the Fiscal Year 1986-87: CENTRAL LIBRARY PAVILION MUNICIPAL CENTER Mr. Fine advised of the S@Y OF PERCENT FOR ARTS PP PROCESS (Chart depicting same is hereby made a part of the record). Mr. Fine also advised of the Administrative Guidelines for the PERCENT FOR ARTS PROGRAM. Mr. Fine further referenced that contained within said Resolution a total of one percent (I%) (not to exceed $150,000 annually) of the total estimated annual cost of "Buildings" (excluding Fire Stations) and "Parks and Recreation" (buildings only) as set forth in the current year's Capital Improvement Program. Under the projections for the CIP this year, this would amount to $112,000. Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council ADOPTED: A Resolution establishing "A PERCENT FOR ARTS PROGRAM" A N D, Resolution approving sites to be funded by the -PEP,CENT FOR ARTS PR for fiscal year 1986-87. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None A RESOLUTION APPROVING SITES TO BE FUNDED BY THE "PERCENT FOR ARTS PROGRAM" FOR FISCAL YEAR 1986-87. '%'HEREAS, the Council has created a "Percent for Arts Program" for funding public art in public buildings, facilities and spaces; and '%'HEREAS, the Virginia Beach Arts and Htunanities Commission has been authorized to administer the "Percent for Arts Program;" and WHEREAS, the Virginia Beach Arts and Humanities Commission Is required to make recommendations for sites to be funded from the Percent for Arts Program Account in the Capital Projects Fund; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the following sites are approved for funding from the Percent for Arts Program Account in the Capital Projects Fund during Fiscal Year 1986-87: 1. Central Library 2. Pavilion 3. Municipal Center BE IT FURTHER RESOLVED, that the funding for the "Percent for Arts Program" shall become available when the Capital Improvement Program for Fiscal Year 1986-87/1991-92 Is approved. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of June, 1986. A RESOLUTION ESTABLISHING "A PERCENT FOR ARTS PROGRAM." WHEREAS, the Council believes that the City has a responsibility to its citizens to expand their experiences with the visual arts through the placement of quality artwork in City buildings, facilities, and spaces, which establishes and affirms the character of the City and which aids citizens in understanding the value of culture in the community; and WHEREAS, the presence of art and art activities and cultural amenities have long been cited by businesses as being a drawing card for r attracting businesses and professionals, and provides focus and a sense of worth and value to the community; and WHEREAS, such a program could help to preserve elements of our cultural history while at the same time utilizing and encouraging the talents of professional artists and craftspeople to integrate artwork and architecture in the design of City buildings, spaces, and facilities; and WHEREAS, the Council of the City of Virginia Beach has appointed the Arts and Humanities Commission to advise the Council and to encourage the development of programs in the arts and hlunanities in the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a program to be known as "Percent for Arts Program" shall be created and shall be administered by the Virginia Beach Arts and Humanities Commission (hereinafter referred to as Commission). Such program shall include the following major components: 1. Percent for Arts Program Account.. a. A total of one percent (I%) (not to exceed $150,000 annually) of the total estimated annual cost of "Buildings" (excluding Fire Stations) and "Parks and Recreation" (buildings only) as set forth in the current year's Capital Improvement Program. The amount as calculated will be set aside in a separate Percent for Arts Program Account in the Capital Projects Fund. b. The Account shall be used to commission or purchase artwork for incorporation in any public buildings, facilities and spaces, including public parks. 2. Program Guidelines. The said Commission shall be authorized to implement the "Percent for Arts Program" and shall maintain appropriate administrative guidelines to effectively administer the program and publicize and properly market the program to ensure diversity and creativity. a. The Commission shall identify and prioritize projects to be funded through the Account and submit recommendations to Council at the beginning of each fiscal year for approval. b. The Commission shall establish an Art and Artist Selection Committee that shall maintain a registry of artists and their work. The Art and Artist Selection Committee shall include the following representatives: two commissioners, two professional art educators, two artists who work in two or three dimensions, one architect and one craftsperson. c. The Commission shall also establish a Site Advisory Committee for each project. Each Site Advisory Committee shall consist of the director or designee of each agency to be housed in the building, a user of the site, the project architect, a representative of the Department of General Services, a Commissioner of the Arts and Htunanities Commission, and a member of City Council (or their designee). Each Site Advisory Committee shall monitor and represent the art placement and selection needs of the proposed site. d. Each member of the Commission, the Art and Artist Selection Committee, and the Site Advisory Committee shall be governed by applicable rules and regulations as set forth by the City of Virginia Beach and the Commonwealth of Virginia. e. The Commission shall develop the process for selecting both arttsts and artwork which shall be in accordance with the City's procurement policies and all applicable laws of the City and Commonwealth on the procurement of services and material. 3. Year-End Rel)ort, The Commission shall make an annual report advising Council of its performance in the implementation of the "Percent for Arts Program." In addition, the Commission shall submit a list of projects to be funded through the Account for the upcoming fiscal year. 4. Maintenance. Public arts commissioned under the "Percent for Arts Program" shall become City property and shall be maintained and insured as part of the City's capital assets. For maintenance purposes, once the asset is accepted by the City, it will become part of the building to which it is attached or in which it is located. This resolution shall be in effect on July 1, 1986. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of June, 1986. - 26 - Item II-I.3 RESOLUTIONS ITEM # 25546 Marge Brinson Reed, spoke concerning this Resolution and reiterated the history of LAKE TECUMSER. Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED: Resolution of the City Council of the City of Virginia Beach changing the name of Lake Tecumseh to Brinson's Inlet Lake. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. Mcclanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Requested by Vice Mayor Reba McClanan A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH CHANGING THE NAME OF LAKE TECUMSEH TO BRINSON'S INLET LAKE WHEREAS, Thomas Brinson was a settler in the Dam Neck Area in Old Lower Norfolk County, which is now located within the City of Virginia Beach, in approximately 1664; and WHEREAS, through various natural shiftings of water and land in the area of Dam Neck, the original inlet known as "Brinson's Inlet" has become landlocked and converted into two lakes which were originally known as the "Salt Pond" and the "Fresh Pond" and are now known as Lake Redwing and Lake Tecumseh; and WHEREAS, it is the desire of the City Council of the City of Virginia Beach, Virginia, to honor one of the first known settlers of this part of the new world by changing the name of Lake Tecumseh to Brinson's Inlet Lake; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the name of Lake Tecumseh is hereby changed to Brinson's Inlet Lake, in honor of Thomas Brinson, one of th6 original settlers of the area of the new world that is now known as the City of Virginia Beach. 2. That the Staff is hereby authorized to have signs prepared posting the Lake with its new name. 3. That the Staff is hereby authorized and directed, pursuant to this Resolution, to notify the appropriate Federal, State, and local agencies that are involved in the printing of maps so that in the future the name of this body of water shall be Brinson's Inlet Lake. Adopted by the Council of this City of Virginia Beach, Virginia on this -16th day of June 1986. KJC/cb - 27 - Item II-1.4. RESOLUTIONS ITEM # 25547 ADD-ON Upon motion by Vice Mayor McClanan, seconded by Councilman Louis Jones, City Council ADOPTED: Resolution requesting the VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION program the construction of improvements for a four-lane divided highway from the intersection of Swamp Road at the Naval Air Station entrance eastwardly along the existing Londou Bridge Road to its intersections with General Booth Boulevard at Red Mill Boulevard; the City agrees to pay five (5) per cent of the construction costs, engineering design, right-of-way acquisition and utility relocation costs in accordance with the Highway Department Policy; and, the City agrees that if this project is established and Virginia Beach decides NOT to proceed further, the City will reimburse the Virginia State Highway Department one hundred (100) per cent of all costs incurred. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None R E S 0 L U T I 0 N WHEREAS, the Virginia Department of Highways and Transportation has indicated its willingness to initiate the improvement of London Bridge Road from General Booth Boulevard to the entrance of the Oceana Naval Air facility (Swamp Road) on London Bridge Road in the City of Virginia Beach and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the Virginia Department of Highways and Transportation is hereby requested to program the construction of the improvement for a four-lane divided highway from the intersection of Swamp Road at (the NAS entrance) eastwardly along existing London Bridge Road to its intersections with General Booth Boulevard (at Red Mill Boulevard). A total distance of approximately 2.62 miles. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay Five percent (5%) of the construction cost, the engineering design, right-of-way acquisition, and utility relocation costs and adjustment of said project, according to Highway Department Policy, and the necessary funds will be appropriated for these purposes. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is establishbd and Virginia Beach decides at any time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Department for one hundred percent (100%) of the cost incurred for said project, up to the time of its abandonment. 28 - Item II-J.1 ORDINANCES ITEM # 25548 Elizabeth S. Sills, Life Board Member of the SPCA, Member of the Board of Tidewater Hurane Societies, spoke in support of the Ordinance David Grochmal, Director of General Services, and Assistant City Attorney, Randolph Blow, responded to Council's inquires concernlng said Ordinance. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED: Ordinance to amend and reordain Chapter 5 of the Code of the City of Virginia Beach, Virginia, by adding a new Section 5-18 pertaining to Dogs Riding in Motor Vehicles. City Council requested the City Attorney advise concerning children riding in the back of pick-up trucks. Voting: 9-2 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S- and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum and Vice Mayor Reba S. McClanan Council Members Absent: None AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW SECTION 5-18 PERTAINING TO DOGS RIDING IN MOTOR VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-18 is hereby added to the Code of the city of Virginia Beach, Virginia, pertaining to dogs riding in motor vehicles and shall read as follows: Section 5-18. Dogs riding in motor vehicles. (a) It shall be unlawful and a class 4 misdemeanor for any person who owns or has control of any dog to allow such dog to ride in any motor vehicle in any portion thereof that is open in .such a manner as to permit such dog to jump out of the vehicle or to be thrown therefrom by acceleration of, stopping of, or accident involving, such vehicle, including, but not limited to, the open bed of a truck, the interior of a convertible vehicle with the top down, or removed, the rear storage portion of a station wagon with the tailgate open, and the trunk or hatchback portion of any vehicle with the trunk or hatchback open. For purposes of this ordinance, the operator of a motor vehicle shall be deemed to have control of any dog riding therein. (b) The provisions of subsection (a) above shall not apply to: 1. Any person who owns or has control of any dog and who allows such dog to ride in the prohibited portion of any motor vehicle if such dog is confined to a cage of adequate construction and design to prevent its escape therefrom; and 2. Any portion of a motor vehicle which is fully enclosed except for open windows. Adopted this 16 day of June 1986, by the Council of the City of Virginia Beach, Virginia. RMB/jmh 05/28/86 (ORD/J) - 29 - Item II-J.2 ORDINANCE ITEM # 25549 Steven Taubman, represented the Kings Grant Civic League, and spoke in favor of said Ordinance. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED*: Ordinance declaring property EXCESS and authorizing the City Manager to dispose of same in the area of OLD DONATION PARKWAY. The RECO ATIONS shall also be encompassed as a part of said ADOPTION. *This Ordinance FAILED ADOPTION as same did not comply with the Code of the State of Virginia, which requires an affirmative vote of three-fourths (9) of all Elected Members of Council when disposing of property. Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones and Vice Mayor Reba S. McClanan Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 30 - Item II-J.3 RESOLUTIONS ITEM # 25550 The following spoke in support of said Resolution: Judy Connors, President of the Ocean Park Civic League J. A. Pugh, Sr., Counsellor for Wayne McClesky as well as other lot owners in Ocean Park. Bill Mottram, Secretary of the Homeowners Association of Chesapeake on the Bay. Attorney Charles Salle', represented landowners along the shores of Chesapeake Bay. Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to authorize the acquisition in fee simple of BAY DRIVE, the OCEAN PARK BEACH, CERTAIN PARKS, TRAFFIC CIRCLES AND ACCESS AREAS to which the City has ownership rights, either by agreement or by condemnation. Voting: 10-1 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum Council Members Absent: None June 16, 1986 AN ORDINANCE TO AUTHORIZE THE ACQUISIT10N IN FEE SIMPLE OF BAY DRIVE, THE OCEAN PARK BEACH, CERTAIN PARKS, TRAFFIC CIRCLES AND ACCESS AREAS TO WHICH THE CITY HAS OWNERSHIP RIGHTS, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project for public purposes for the preservation of the safety, health, peace, good order, convenience, and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 25-46.1, et. seq., and Section 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property shown as Bay Drive running east from Woodlawn Avenue to the Lynnhaven Inlet and referenced on the plats of Section "B" and "C" of Ocean Park and all of the land lying to the North of the northern boundary line of the lots and blocks adjoining that portion of Bay Drive as described above together with the accretions and riparian rights lying to the North of the aforesaid blocks and extending to the mean low water mark of Chesapeake Bay as shown on the Plats of Section "B" and "C" of Ocean Park. The beach area referenced above is designated "Reserved" and the street and beach area are more particularly shown in Map Book 5 at page 137 (Section "B") and in Map Book 5 at page 195 (Section "C") recorded in the Circuit Court Clerk's Office of the City of Virginia Beach, Virginia. The City has certain rights and interests to the properties described above as referenced in the following lawsuits: In the Matter of a Receiver for Ocean Park Corporation, a defunct corporation - Chancery No. 921-1940, and City of Virginia Beach v. Paul M. Lipkin, Receiver for Ocean Park Corporation - Law No. 81-1556, said cases currently pending in the Circuit Court of the City of Norfolk. Section 2. The City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 25-46.1, et seq., and Section 33.1-89, et seq., Code of Virginia of Virginia of 1950, as amended, all that certain property designated as "Lockhaven" as shown on Plat of Section "D" of Ocean Park and all of those certain parks, traffic circles and access areas, all of which are designated "Reserved" on the four plats of Ocean Park save and except that portion of Section "C" of Ocean Park that was vacated as referenced in Deed Book 163, page 12. The plats of "Ocean Park" are recorded in the Circuit Court Clerk's Office of the City of Virginia Beach, Virginia, and referenced as follows: Section "A" is recorded in Map Book 5, page 69, Section "B" in Map Book 5, page 137, Section "C" in Map Book 5, page 195, and Section "D" in Map Book 5, page 197. The City has certain rights and interests to the properties described above as referenced in the following lawsuits: In the Matter of a Receiver for Ocean Park Corporation, a defunct corporation - Chancery No. 921-1940, and City of Virginia Beach v. Paul M. Lipkin, Receiver for Ocean Park Corporation - Law No. 81-1556, said cases currently pending in the Circuit Court of the City of Norfolk. Section 3. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to persons who may own or claim an interest in said lands and, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 4. That an emergency is nearby 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 16thday of June 1986. DSH/Jmh (i) - 31 - Item II-K CONSENT AGENDA ITEM # 25551 Upon motion by Councilman Jennings, seconded by Councilwoman Creecb, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and ADD-ON Item 8. Voting: 8-0 Council Members Voting Aye: Nancy A. Creecb, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley and Meyera E. Oberndorf - 32 - Item II-K. 1 CONSENT AGENDA ITEM # 25552 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Resolution authorizing the City Manager to execute an agreement with Southeastern Virginia Job Training Administration for the 1986 Job Training Partnership Act Summer Youth Employment and Training Program. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Ilenley and Meyera E. Oberndorf June 16, 1986 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION FOR THE 1936 JOB TRAINING PARTNERSHIP ACT SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM WHEREAS, SVJTA has entered into an agreement with the State of Virginia for a grant to implement the Job Training Partnership Act Program, and WHEREAS, SVJTA has notified the City that the Virginia Beach Program has been allocated $345,743 to provide summer employment for approximately 256 economically disadvantaged youth between the ages of 14 and 21 in sub-entry level positions with City Departments and the School Board, and WHEREAS, SVJTA will receive and administer the funds and the City and School Board will plan and direct the work activities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to execute an agreement with SVJTA for the City's participation in the 1986 Job Training Partnership Act Summer Youth Employrnent and Training Program. Said agreement is attached hereto and the same is hereby approved. This Resolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, on the 16th day of June, 1986. A G R E E M E N T THIS NON-Fi@iANCIAL AGREEMETIT, entered into this' 1st day of June 1986, by and between the Southeastern Virginia Job Training Administration, a consortium of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton, pursuant to the authority, granted by Section 15.1-21 of the Code of Virginia, 1950, as amended, having its principal offices at the Janaf Executive Building, Suite 300, Norfolk, Virginia 23502 and the CITY OF VIRGINIA BEACH existing under and by virtue of the laws of the State of Virginia having its principal office at MUNICIPAL CENTER to begin by the first day of June, 1986, and to be completed by the thirtieth day of September, 1986. WITNESSETH THAT: WHEREAS, the Southeastern Virginia Job Training Administration has entered into an Agreement with the State of Virginia for a grant for the execution and implementation of a Job Training Partnership Act (JTPA) program; AND WHEREAS, the elected official comprising the Southeastern Virginia Job Training Administration and the officials of the State of Virginia ar6 desirous of providing job training which will lead to enhanced s6lf- sufficiency; AIID WHEREAS, the Southeastern Virginia Job Training Administration and CITY OF VIRGINIA BEACH desire to provide meaningful erlpl6yT".ent for economically disavantaged youths betvieen the ages of the fourteen (14) and t@..ienty-one (21). NOW THEREFORE, in consideration of the promises and th(Y mutual covenants and obligations herein contained, and subject to the terns @nd conditions hereinafter stated, the parties hereto agree and understand as follows: ARTICLE I: AGREEMENT PURPOSE AND DEFINITIONS 100. PURPOSE It is the purpose of this Agreement to state the covenants and conditions under which SVJTA and the Agent will implement and provide Training and Employment Services, specifically summer work experience opportunities to eligible youths as described herein, to be funded under the guidelines of JTPA, and under the contracting powers of SVJTA- 101. DEFINITIONS 101.1 "Agent" shall mean the participating governmental unit or nonprofit agency. 101.2 "Counselor" shall mean a SVJTA/SYETP staff person who shall serve as liaison between SYETP, the site and the participants by providing technical assistance and resolving job site problems. 101.3 "DOL" shall mean the Department of Labor. 101.4 "Economically dis@dvantaged" shall mean that inco'.Ie level as determined by the DOL and the State of Virginia as teina pover,,, guidelines as certified by SVJTA- 101.@, shall -.ean the Governor's Employment and Trairir,: :-,:!)rtTent of ',r,,e S"atc? of "'ir,,iinia. 101.6 "Job Site/Worksite" shall mean the physical location and the Department of the participating Agent to which the youth is assigned. 101.7 "Job Order" shall mean the SVJTA/SYETP JOB ORDER form (and attachments thereto) used as an application for requesting work sites/job slots for SYETP participants and which is ihcorporated into and made a part of this Agreement. 101.8 "JTPA" shall mean the Job Training Partnership Act of 1982. 101.9 "Participant" shall mean a JTPA eligible youth referred by SVJTA for placement to Agent and who is between the ages of fourteen (14) and twenty-one (21). 101.10 "Program" shall mean the activities and services to be provided by the Agent under this Agreement. 101.11 "SVJTA" shall mean the Southeastern Virginia Job Training Administration. 101.12 "State" shall mean the Commonwealth of Virginia. 101.13 "SYETP" shall mean Summer Youth Employment and Training Program. 101.14 "Worksite Supervisor" shall mean Agent's personnel designated by Agent to provide continuous on-site supervision and direction to SYETP participants at Agent's worksite(s) and who will be responsible for verifying SYETP participants' time sheets. "Youth" shall 101.15 .,.ean a person between the ages of fourtlen @,4', and t%.;ent,.,-rne '%7-1) at 'Lhe tiie of certification. 3 ARTICLE 11: PROGRAM OPERATIONS 200. PROGRAM The program to be provided shall be a work experience operation, wherein a youth referred by SVJTA to the Agent, is given job duties to perfonn under the guidan6e and leadership of the Agent in accordance with the JTPA. 201. RESPOIISIBILITIES OF AGENT 201.1 The Agent shall plan and direct participant work activities in accordance with the applicable Federal and State Child Labor Law Acts, rules and regulations, (Attached as Exhibit A) and other applicable State and local laws. 201.2 The Agent shall direct participant(s) work activities in accordance with their training plan/job order(s) and/or job description(s), which are hereby incorporated by reference and made a part of this Agreement. 201.3 The Agent shall comply with the Job Training Partnersnip Act of 1982 and the regulations promulgated thereunder especiall.y as they relate to the SYETP. 201.4 The Agent shall ensure that all of the Agent's personnei, including any alternate staff, who will be involvec @n su@er- vising "he SYETP l,articipants shall attend the Sucervisor's "raining session conducted by SIIJT@@, .;li@ be t,,eld durirg the months of r-lay and June, 1986. 4 201.5 The Agent shall allow their worksite supervisor time off upon SVJTA's written request so that they may attend tHe Worksite Supervisor's training session. 201.6 The Agent shall provide program orientation and training for their worksite supervisory personnel directly responsible for the supervision of SYETP participants, as to the Agent's responsibilities and obligations under this Agreement. 201.7 The Agent shall notify SVJTA/SYETP immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising youth. 201.8 The Agent shall be accountable for maintaining SVJTA/SYETP participant time sheets by keeping accurate time and attendance records, recording time in segments of fifteen (15) minutes, assuring and supervising the proper completion of SYETP participant timesheets consistent with instructions furnished by SVJTA/SYETP and certifying their accuracy by signing the participant timesheet(s). 201.9 The Agent shall not require participants to work more than the hours reflected in the Job Order/Training Plan not to exceed forty (40) hours per week. 201.10 The Aaent shall not knowingly employ or refer for eligitility certification any youth if a member of the youth's family is encaced in an administrative capacity for the cor,lrac-or, S'.IjT"@, or the GC@TD. a. For the purpose of this section: (1) The term "employ" means hire, or place by iransfer or any other means of whatsoever nature. (2) The term "immediate family" means a person's spouse and any other relative, by blood, marriage (including step-children and step-parents) or adoption, who resides in the person's household. (3) The term "person in an administrative capacity" means the members of a public or private governing board or council, persons having overall administrative responsibility, and persons in subordinate positions thereto having selection, hiring, placement or supervisory responsibilities regarding or over a person to be employed at the time of, or subsequent to, employment. 201.11 The Agent warrants that no youth will be involved in a @-Jork 6xperience activity that contributes or could be expected to contribute to additional sales or income of the Agent or ,ihich will otherwise result in the subsidization of wages for the Agent's organization. . 201.12 The Agent assures that all sites where participants will te ,assigned have the capability and facilities to provide services to summer vouths in a sanitary and safe environrrent. 201.13 The Acent's ..;or@.si'@e shall conform to nor.,.nal routines an(I 1-unct4ons --efit"ng a reasonable @.usiness establishment, including, but not limited to the provision of working conditions, appropriate supervision on the premises at all tirfies, and the development of positive work habits. 201.14 The Agent shall assure it will have supervisory personnel who will act as worksite supervisors for each of the Agent's worksites so as to provide for continuous on-site supervision of participants. 201.15 The Agent understands that the program it is operating is a single site work experience program, which means that all job sites at which youths are to be located must be part of the Agent's organization. Under no circumstances shall a participant be placed at a site other than the Agent's designated worksite, unless prior written permission is granted by SVJTA .@or outstationing and in such instances under no circumslances shall the outstationing site be a private for profit agency. 201.16 The Agent shall maintain according to sound r,.anagernent procedures records, and files, containing, but not limited to. "i-e sheet,,, attendance records, supervisor assignments, and perscnnei cnanges, relating "o the Agent's operation of the SYETP progra..'. 201.17 The Agent shal'i make original and/or certified CoPies of n:/ reports, @-lans, sur@ieys, infon,.ation, docu.,rents, -aDs or -,@nr-r data @roducn-d or develooed bv the Agent in execution o@ '-,e pro;ect --,@,@ered -@-/ @@,is @.@r--2,nent, available to G-LT', arcl',-r o@ Labor (r@'OL') at any ti@e reasonaDIn nc:@:n @cr -f-.e nur--o,le of rrogram audi*, examirit:--n, and review, even though the Agent may at the time 6f the request no longer be operating programs for SVJTA. 201.18 The Agent shall keep copies of all records pertaining to the operation of this Agreement and any Amendment hereto for three (3) years following the expiration of this Agreement. The aforementioned records will be retained bey6nd the three (3) years if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records will be retai,ned until the litigation, audit or claim has been finally resolved. 201.19 The Agent shall incorporate additional Assurances and Certifications, attached hereto as Exhibit B into this Agreement. 201.20 The Agent shall cooperate with SVJTA/SYETP in conduc"ing Orientation for SYETP participants. 201.21 The Agent shall inform SVJTA/SYETP staff immediately should an accident or injury occur at the job site, affecting or involving a participant, in compliance with Exhibit F. 201.22 The Agent shall notify SYETP staff of any problem concerning a participant's performance at a worksite- 201.23 The Agent understands and agrees that no qualified haraica.-pec indi@@idual shall on the basis of handicap, be excluded par,4c;--aLion in, '.e denied 'Lhe benefits of, or otherwise @e suojec-. @o discrimination under this SYETP progran. 201.24 Agent understands that JTPA funds shall not be. used in any way to promote or oppose union activities. I a. No individual shall be required to join a union as a condition for enrollment in a JTPA program. b. No participant may be placed into, or remain working in any position which is affected by labor disputes involving a work stoppage. If such a work stoppage occurs, partici- pants in affected positions must: 1. Be relocated to positions not affected by the dispute; 2. Be placed on leave-, 3. If participants belong to the labor union involved in a work stoppage, they must be treated in the same manner as any union member. Such members must not remain working in the affected position. The contractor shall make every effort to relocate participants %.Jho wish to remain working into suitable positions unaffected by the work stoppage. 202. RESPONSIBILITIES OF SVJTA 202.1 SVJTA shall provide "Counselors" to provide technical assis"ance and aid in the supervision of the youths, respectively. 202.2 SVJTA shall provide technical assistance %qith regard tO Ccmolying with program requirements. 202.3 SVJTA shall assist the @.-iork site supervisor in resol-ling jin:,, problems ccncernino the youth's performance on the "Ob by res,onaino to the @"gent's notice as per Section 201.@2,- 9 202.4 SVJTA shall hear all grievances concerning program participants' performance at the job site and shall remove @ participant from the program upon a determination of cause after such hearing. - 202.5 SVJTA shall provide Worker's Compensation and liability insurance as necessary for all Summer Youth Employment and Training Program (SYETP) participants and SVJTA employees. 202.6 SVJTA shall provide counseling and supportive services to the SYETP participants. 202.7 SVJTA shall be responsible for picking up participant timesheets and distributing participant paychecks dependent on Agent's submission of properly certified timesheets. 202.8 SVJTA shall evaluate and monitor the Agent's program, including, but not limited to, providing written statements as to corrective actions to be taken on the pa@t of the Agent. 202.9 SVJTA shall be responsible for providing Program Orientation to SVJTA/SYETP participants. A@iRTICLE III: GEIIERAL OBLIGATIONS 300. GE.'@ER@'L PROVISIO@'@S 300.1 The Agent shall allow SVJTA or any of its agents, the GETD and "he @--GL to visit the Agent's viorksites, and roniLor, recor- zrotlpms, reouire corrective action t-iithin soecified e 3r close ,.,orksites without prior notice oth r a @;ri-n-n rotification to be delivered lo the @lgent at 10 the time of the closing of the vorksites, where'SVJTA, the GETD, or DOL find serious or continual violations of JTPA, the JTPA regulations or other federal, state or local laws which violations are not being remedied, or where SVJTA, GETD, of DOL find noncompliance with any of the terms or conditions under this Agreement. 300.2 Notice Other than as provided herein, notice shall be required to be given to SVJTA under this Agreement, ahd shall be sufficient when hand delivered or mailed to SVJTA at its office at the Janaf Executive Building, Sute 300, Norfolk, Virginia 23502. 300.3 All notices required to be given to the Agent under this Agreement shall be sufficient when hand delivered or mailed to the Agent at its office located at MUNICIPAL CENTER VIRGINIA BEACH, VA 23456 300.4 Termination This Agreement may be terminated as follows: a. SVJTA may at its discretion terminate this Agreement without penalty in the event that JTPA funds become unavailable to SVJTA for performance under this Agreement. b. SVJTA or the Agent may request a termination for convenience upon fifteen (15) days prior written notice to the other party. c. SVJT", -,iay terminate this Agreement at any time that the SVJ-.'@ authorized i,epresentative, who shall be the SVJTA Executive Director determines that: 1. the Agent has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; or 2. the Agent fails to perform in whole or in part under this Agreement or fails to take corrective action aft6r receiving oral or written requests to do so with- in an appropriate time period as may be stipulated by SVJTA. ARTICLE IV: INCORPORATibN CLAUSES 400. DOCUtlENTS TO BE INCORPORATED INTO THE AGREEMENT The following documents are hereby incorporated into and made a part of this Agreement. 400.1 Labor Laws of Virginia (Codb of Virginia of 1950 and the 1982 cumulative supplement) and the Virginia Rules and Regulations declaring hazardous occupations as promulgated by Ccmmissioner, Virginia Department of Labor and Industry (effective date @@ovember 1, 1979). (Exhibit A) 400.2 General Assurances and Certifications. (Exhibit S) 400.3 J-IPA Rules and Regulations governing the operation of te Su7.7.er Youth Employ@.ent and Training Program. (r-xhibit 400.4 Su-.rer '@,)utr, ent -,nd Training Program Worksi-,,2 @ucer,.,isor'@ developed by SVJTA. (Exhibit :- 400.3 Cr@-.olet-2a @'-b Crcersi@.raining Plans to be incorporat-2d irto -@his Agr-2e!rent. 1,@@@hibit 400.6 SVJTA Memorandum, Medical Authorization for Work Related Injuries. (Exhibit F) ARTICLE V: COMPENSATION 500. PARTICIPANT WAGES 500.1 SVJTA shall be responsible for the payment of wages to the SYETP participants based upon: a. the prevailing minimum wage in effect during the contract period, and b. the actual time spent in the program activity as recorded and verified by the Agent on the time sheets submitted to SVJTA. ARTICLE VI. PROHIBITED ACTIVITIES 600. UNALLOI-JABLE ACTIVITIES: 600.1 No participants may engage in partisan or non-partisan Political activities during hours for which that person is paid for -..Iith or receives training supported by JTPA funds and r.0 :)art4cipant may encage in any political activity in which such Dartic4:;ant represents himself or herself as a spokesperson c' ny program, acti-/ity or oroanization. i'@o partiCi@-@,nt @-,)y emolcyea in a position involving political activiti---' :r office o,: 3n elected official. 600.2 JTPA funded programs and activities may not be used to support any religious or anti-religious activity. Partic@pants may not perform functions which provide direct religious education services. Participants shall not be employed in the construction, operation, or maintenance of any facility that is used or to be used for sectarian instruction or as a place of religious worship. 600.3 Under JTPA Regulations, placement of a JTPA participant in private-for-profit activities wherein the activities of the participant can be expected to profit the employer or the product of the participant's work provides a profit for a6y private or non-profit organization is prohibited in Summer Youth Employment and Training Program and activities. 14 It@ WITNESS HEREOF, THE CITY OF VIRGINIA BEACH, VIRGINIA (14ame of Organization, G6verning Body) has caused this Agreement to be executed and signed in its name by THOMAS H. MUEHLENBECK Authorized Signature) it, CITY MANAGER (Title of Authorized Signature) and the SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION has caused this Agreement to be executed and signed in its name by Rithard A. Sciullo, Executive Director, all as of the date and year first written above. (Signature of Agent) APPROVED AS TO CONTENTS Thomas H. Muehlenbeck, City Manager ,SIGNATURE (Name and Title) DEF,ARTMENT APPR A F M SOUTHEASTER;J IIIRGI;@IA @,'B TRA T @@l 'G OV ADMINISTRATIO:4 SIGN"u@t CITY By Executive Director - 33 - Item II-K.2 CONSENT AGENDA ITEM # 25553 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute a water cost-participation agreement with Southland Corporation. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., LDuis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley and Meyera E. Oberndorf AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH SOUTHLAND CORPORATION WHEREAS, Southland Corporation is developing certain property in the Bayside Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in reviewing the site plan, the Department of Public Utilities has asked the developer to oversize the public water main to the property, and WHEREAS, such construction is beyond the scope df the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $3,738 with such costs to be charged to capital project 5-306 Water Agreement Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with Southland Corp. for construction of certain water facilities. Said proposed agreement is hereby approved and attached as Exhibit "A". This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of -June , 1986. COST BENEFIT ANALYSIS 7-11 STORE - NEWTOWN RD. AND GREENWICH RD. WATER COST PARTICIPATION AGREEMENT Water City cost per agreement $3,738.00 Assumptions- 1. To provide ultimate service in conjunction with the Master Water Study would require the installation of a parallel 6" main, 1751 long. 2. The anticipated installation cost is $22/ft. 3. City cost to install parallel 6" water main (1751) ($22/ft.) $3,850.00 4. City cost to maintain 1751 of parallel 6" water main for 30 years (time value of money = 10%, inflation 5%) $1,067.00 Total city cost without agreement $4,917.00 Net savings to city $1,179.00 Jsw..Mc C 7-98 6/4/86 CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREERIENT (t'.'ATER) THIS AGREEMENT, Made this day of 1986 corporatio., by and bet,...,aen The Southlan'; a Texas herein- after referred to as "Owner", and the CITY OF VIRGINIA BFACH, VIRGINIA, hereinafter referred to as the "City". t-.'XEREAS, Owner is seized in fee simple of that certain -P,,,el real property located in the City of Virginia Beach, Virginia, and bounded Newton Road and Greenwich goads, as more i2art!iciilarly describpd* and NliEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WF.FREAS, in order for Owner to provide water service to this Project, it is necessary for Owne= ',-o cons-I.-:uct ce:-tain i..,ater facilities; and WHEnE.'.r, Ci.'--y has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in provid- ing service to customers other than those 17ithin the Project limits; NOW, THEREFORE, in cons-,deration of the mutual promises and benefits accruing hereto, the parties agree that; 1. Owner shall construct a water system (hereinafter the "System') according to plans and specifications approved by the Decart,,nent of Public Utilities, a copy of which is on file with the Department. *in Exhibit A attached hereto and made a part hereof (the "Project" 2. The CitY shall make cash payment to Owner in the amount of ($ after successful completion of the System and acceptance thereof by tbe City in accordance with -,he approved plans. 3. The City shall have the right at any time to make, con- nect, or permit the connection of any other water facility tO other than within or on the Project, except with *e CitY the System. Any such connection may be at any point/, and th shall have the right at any time to use the System to serve per- sons within and without tbe Project limits. 4. Upon successful completion of the System and acceptance tbat the System, includ- tbereof by the CitY, owner hereby agrees ing but not limited to water connections, water mains, valves, fittings, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the city's written acceptance thereofa 5. owner shall indemnify and hold the City harmless from any and all liability of wbatever nature arising out of the design, approval, construction, and/or installation of the system. In the event any claim is made against the City, either independ- ently or jointly with owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against siich claim. 6. This Agreement sball inure to the benefit of and be bind- ing upon the parties hereto and their respective lmi= , suc- cessors, and assigns. 7. Upon execution of this Agreement, it shall be recorded I by the City in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, at owner's expense. *the permission of the Owner WITNESS WHEREOF, the parties hereto have executed and sealed this agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA By_ (City Manager) DATE------- AT,rEST: (SEAL) City Clerk THE SOUTHLAND CORPORATION By Vice Pr@si DATE A (SEAL) Sis- Secretary nt APPROVED AS e@arrent lities APPROVED AS TO FORM: ci Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Departrent of F4@nance e@4D STATE OF CITY OF 1, e@4@ @4 , a Notary Public in and for the City and State aforesaid, do hereby certify that @.) #1 - Assistant President and/Secretary, respectively, names are signed to the writing above, bearing date of 9?lhave acknowledged the same before fne in my City and State aforesaid. ,L@ Given under my hand this 7z- day of 1986. My Corimission Expires Notary@ublic STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of -1986. Notary Public @ly Commission Expires: 3/27/85 r;c EXHIBIT A LEGAL DESCRIPTION A PARCEL OR TRA6T OF LAND, being, lying, and situate in the City of Virginia teach, Virginia and being designated as Parcel A as shown on a plat entitled "Subdivision of Property of Mobil oil Corporation, Newtown Road and Gteenwich Road, " recorded in the clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 139, Page 35 and being more particu- larly described as follows: Beginning at a VDH right-of-way monument found at the intersection of the easterly right-of-way line of Newtown RoAd and the northerly right-of-way line of Greenwich Road; thence, along the easterly right-of-way line of Newtown Road, N 351 501 2011 E, 205.36 feet to a VDH right-of-way monument found at the intersection of the easterly right-of-way line of Newtown Road and the southerly right-of-way line of Virginia Beach - Norfolk Expressway; thence, along the southerly right-of-way line of Virginia Beach - Norfolk Express- way, S 481 271 3011 E, 99.63 feet to a VDH right-of-way monument found and common corner with the lands, now or formerly, of Wood; thence, continuing along said line, S 48' 271 3011 E, 33.95 feet to an iron pin set and common corner with the lands, now or formerly, of Harper; thence, along the westerly and common line of Harper, S 35' 311 3011 W, 173.79 feet to aft iron pin set on the northerly right-of-way line of Greenwich Road; thence, along the northerly right-of-way of Greenwich Road, N 69- 39, 40$f W, 9.90 feet to an iron pin found; thence, continuing along i3aid right-of-way line, N 61, 20f loll W, 125.32 feet to the point of beginning containing 25,379 square feet or 0.58262 acres. BEING the same property conveyed to Crown Stations, Inc., A Maryland Corporation, by deed from Mobil Oil Corporation, A New York Corporation, dated May 1, 1985 and recorded May 7, 1985 in the Clerk's office of the Circuit court of the City of Virginia Beach, Virginia in Deed Book 2408, Page 1915. 0046wp 8" WATERLINI OVERSIZED T( EXHIBIT SHOWING 7-11 AND 8" WATERLINE OVERSIZED TO 10" WATER LINE C 7-98 JSW:MC 5 2 9 / 86 - 34 - Item II-K.3 CONSENT AGENDA ITEM # 25554 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance to transfer $18,000 within the Department of Public Works for the purchase of an automated signmaker machine. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley and Meyera E. Oberndorf AN ORDINANCE TO TRANSFER $18,000 WITHIN THE DEPARTMMT OF PUBLIC WORKS FOR THE OF AN AUTCMATED SIGNMAKER MACHINE the Departnent of Public Works is responsible for the design and constniction of traffic control and street name signs, and WHEREAS, the Traffic Operations burem of the department fabricates an average of 200 signs per month for traffic control @ street identification, and WHEREAS, the time to fabricate each sign can be reduced from approximately forty-four (44) minutes to eight (8) minutes, a redliction of thirty-six (36) minutes per sign, through the purchase of an autanated si r machine, and this would result in p@ctivity gains by providing additional time for employees involved with sign fabrir-ation to acccaiplish other tasks, and the cost of an autanated signmaker machine is $18,000 and the Traffic Operations bureau has sufficient in their Other Contractual Services to transfer for the purchase of this machirie. NOW, , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIFCINIA BEACH, VIRGINIA that funds in the amount of $18,000 be transferred within the Department of Public Works for the purchase of an automated si r machine. This ordiriance shall be effective fran the date of its acloption. Adopted kyy the Council of the City of Virginia Beach, Virginia on the 16th day of June 1986 - --- ------ PM/SIGNMAKER - 35 - Item II-K.4 CONSENT AGENDA ITEM # 25555 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance to transfer $25,000 from reserve for contingencies for the renovation of Owls creek Boat Ramp; ACCEPTED Low Bid of Waterway Contractors, Inc. in the amount of $167,721; and, AUTHORIZED execution of contract for this expansion and the improvements. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley and Meyera E. Oberndorf AN ORDINANCE TO TRANSFER $25,000 FROM RESERVE FOR CONTINGENCIES FOR THE RENOVATION OF OWL CREEK BOAT RAMP WHEREAS, in the FY 1985-86/FY 1989-90 adopted Capital Improv@t Program (CIP), Council approved project #4-937 Owl Creek @t Ramp Renovation at an estimated cost of $150,000, and WHEREAS, the State Game Commission will provide $150,000 In funds for the project with the city being responsible for any additional funding require- ments, and WHEREAS, tFe project was redesigned to reflect the environmental concerns of the Marine Science Museum, and WHEREAS, the bids received indicate a low bid of $167,721 from Waterway Construction, Incorporated with the Engineering Department recommending an additional five (5) percent for contingencies, bringing the total project cost to $175,000. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $25,000 be transferred from the General Fund Reserve for Contingencies to project 44-937 Owl Creek @t Ramp Renovation to cover the increased project cost, and BE IT FURTHER ORDAINED that the City Manager Is authorized to enter into a contract with Waterway Construction, Incorporated for the renovation of Owl Creek Boat Ramp. Adopted by the Council of the City of Virginia Beach, Virginia on the ...... day of ------ June----------, 1986. This ordinance shall be effective from the date of its adoption. KAR/2 ORD10 - 36 - Item II-K.5 CONSENT AGENDA ITEM # 25556 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance to authorize a temporary encroachment into portions of the rights-of-way of Atlantic Avenue, 33rd Street, and Ocean Avenue to Four Sails Associates, its assigns and successors in title. This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a 'bond posted prior to commencing work within the City's right- of-way. 6. The owner agrees to rebuild the sidewalks on Atlantic Avenue and 33rd Street to conform to the specifications proposed in the Atlantic Avenue Revitalization Project. This should include: A. Street tree platiting B. Sidewalks paved with the specified paving unit C. Street furniture (approved benches, planters and trash receptacles) D. Small scale pedestrian lighting 7. Upgrade the greenbelt/boardwalk (Ocean Avenue) area adj acent to the proposed development. This includes: A. Planting on the greenbelt B. Boardwalk street furniture: Approved benches, planters and trash receptacles C. Small scale pedestrian lighting 8. The owner agrees to submit a landscaping plan delineating the above noted improvements to be@ considered upon site plan approval. June 16, 1986 - 37 - ITEM # 25556 (Continued) 9. Items in 6 and 7 above are to be in accordance with the following specificationr: GE19ERAL SPECIFICATIONS FOR STREETSCAPE DESIGN GUIDELINES IN THE RESORT ARF.A A. Sidewalk Pavement: Hastings London walk paver, exposed aggregate #19 as manufactured by Hastings Pavement Co., Inc., 30 Commercial Street, Freeport, NY 11520, or approved equal. B. Planting Zone Paving: Local Virginia red clay brick (laid in running bond pattern). C. Tree Grates: Cast iron 180 degree square tree grate #R-8642-Bv as manufactured by Neenah Foundry, Inc., Box 729, 2121 Brooks AVenue, Neenah, WI 54956, or approved equal. D. Seating: 108" straight settee bench as manufactured by Imagineering, Inc. of Rockfort, Maine, or approved equal. E. Decorative Lighting: Single petal decorative standard as manufactured by Edman Electric, Winston Salem, North Carolina, or approved equal. F. Trees: Platanus Acerifolia 'Bloodgood' B & B 3- 4" caliper. G. Screen Wall: See attached exhibits "A" and "B" Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley and Meyera E. Oberndorf AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO PORTIONS OF THE RIGHTS-OF-WAY OF ATLANTIC AVENUE, 33RD STREET, AND OCEAN AVENUE TO FOUR SAILS ASSOCIATES, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Four Sails Associates, its assigns and successors in title are authorized to construct and maintain a temporary encroachment into portions of the City's rights-of-way of Atlantic Avenue, 33rd Street, and Ocean Avenue. That the temporary encroachment herein authorized is for the purpose of piles and pile caps below existing grade as foundation for a proposed hotel and cantilevered balconies which are to encroach 3 feet, beginning at least 10 feet above existing grade into Ocean Avenue right of way and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into portions of the City's rights-of-way known as Atlantic Avenue, 33rd Street, and Ocean Avenue, as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOTS 1 & 2, BLOCK 78 VIRGINIA BEACH DEVELOPMENT CO., PLAT 3 FOR NAIVETTE SHOPPE VIRGINIA BEACH, VIRIGNIA SCALE: 111=201 JULY 8, 1963," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Four Sails Associates, its assigns and successors in title and within thirty (30) days after such notice is given, said encroachment shall be removed from the City's rights-of-way of Atlantic Avenue, 33rd Street, and Ocean Avenue by the Four Sails Associates its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Four Sails Associates, its assigns and successors in title shall indemnify and hold harmless the City of virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Four Sails Associates executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16thday of June 19 86. CLL/rab 12/23/85 (29A) -2- ligihxs THIS 16 TO CIATIFY THAT 1. ON JULY 8, 1603 'rHlt PROPKRTY SHOWN O#d THI* PLAT. ^ND THAT TH9 @ UN" AND -#",g W@ 0, TH, SUILSXMQS Allit AS @ ON THIG ,LT. THIC *UILZWM" *TAmo *Tt'CTLY WiThIN 'rHs TM.X Ljn" ho of SUILDINQS ON THI Pa@Ty. As 91QP490 x 77, te - Z 0 ow .0 0 110 'o w Story Brick ; T 6 L moss IN OPING VE- ut4otecfwut4,) 14MENT FO '-TUV-A.L Pat-114@ YSICAL SURVE) OUVAUA-TlCw OF 30VTH A,@C) LOTS la 2.BLOCK PKCPrxft'CY Ll VIRGINIA B-CACH DEVELOPME FOR NAIvETTE SHOPPE t VIRGINIA BEACH, VIRGINIA SCALE:I"-20' ' july S, 1963 FRANK D. TARRALL, JR.. & AS@IAT@ SURVEYORS & ENGINEERS VIRGINIA 6EACH, ViitGINIA PS 97 P 53 a 64 MAPE FOZ kR@ ISY A, 1. A 38 - Item II-K.6 CONSENT AGENDA ITEM 25557 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance to authorize a temporary encroacbment into a portion of tbe right-of-way of Holly Road to Robert and Ann P. Stern, husband and wife, their heirs, assigns and successors in title. This encroachment shall be subject to: 1. The owner agrees to remove tbe encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right- of-way. 6. No open cut of a public roadway shall be allowed except under extreme circumstances, such exceptions shall be submitted to the Highway Division for final approval. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley and Meyera E. Oberndorf June 16,:.1986 Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF HOLLY ROAD TO ROBERT STERN AND ANN P. STERN, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Robert Stern and Ann P. Stern, husband and wife, their heirs, assigns and successors in title are authorized to construct and maintain a temporarv encroachment into the right-of-way of Holly Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 1 1/2" P.V.C. sanitary sewer force main to serve Lot 80-B of Linkhorn Park and that said encroachment shall be constructed and maintained in accordance with the City of Virqinia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Holly Road, on the certain plat entitled: "PRIVATE FORCE MAIN ENCROACHMENT ON HOLLY ROAD FOR LOT 80-B ROBERT STERN," and prepared by Miller-Fox-Stephenson, P.C. a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Robert Stern and Ann P. Stern, husband and wife, their heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City's right-of-way of Holly Road and that Robert Stern and Ann P. Stern, husband and wife, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Robert Stern and Ann P. Stern, husband and wife, their assigns and successors in title shall indemnify, hold harmless, and defend the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Robert Stern and Ann P. Stern, husband and wife, executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June 1986 CLL/rab 5/9/86 5/21/8 6 (29E) APPROVEL) A@@ fk- SIGNAT-,A-t DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORN-@ -2- - 39 - Item II-K.7 CONSENT AGENDA ITEM # 25558 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED: LOW BID to Asphalt Roads and Materials Company, Inc. in the amount of $305,278.57 for the 1985-86 Bituminous Concrete Maintenance Scbedule - Contract III. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley and Meyera E. Oberndorf - 40 - Item II-K.8 CONSEET AGENDA ITEM # 25559 ADD-ON Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED RESOLUTION IN RECOGNITION to: Ruth Hodges Smith, CMC Director, Region II, International Institute of Municipal Clerks Voting: 8-0 Council Members Voting Aye: Nancy A. Creecb, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley and Meyera E. Oberndorf RESOLUTION IN RECOGNITION WEEREAS, RUTH HODGES SMITH, City Clerk for the City of Virginia Beach, a CERTIFIED MUNICIPAL CLERK and member of tbe IIMC Academy of Advance Education, has been elected by her peers to the Board of Directors, International Municipal Clerks. This election was a "landslide" victory and for a term of three years. WHEREAS, RUTH HODGFS St4ITH, has performed her duties unselfishly and with a diligence and dedication unequaled by others of her profession, this Council takes pride in recognizing her election to this prestigious position. Ruth has served as our City Clerk from January 1979, and has represented this City in a variety of other positions: as President for two consecutive terms of the Virginia Municipal Clerk's Association from 1982 to 1984; a Member and Chairman of the Finance Committee of the City's Volunteer Council; Member of the Board of Directors and Secretary- Treasurer of Hospice of Virginia Beach; Founder of the Zonta Club of Virginia Beach; Queen of Al Kena Temple, Daughters of the Nile; Member and Secretary of the Board of Governors of the Eastern Star Home in Virginia; and, Member of the Virginia Beach Parks and Recreation Commission. Her organizational abilities and capable knowledge of her field have resulted in vast improvements and expediency in retrieval of records. Ruth Hodges Smith is constantly promoting her City and is truly representative of the very best" Virginia Beach has to offer. NOW, THEREFORE BE IT RESOLVED: THAT THE COUNCIL OF THE CITY OF VIRGINIA BFACH recognize and honor The City Clerk upon her election representing the States of Delaware, Maryland, Pennsylvania, New Jersey, Virginia and West Virginia: RUTH HODGES SMrrH, CKC, Director, Region II, International Institute of Municipal Clerks Given under my hand and seal, Mayor - 41 - Item II-L.1 UNFINISHED BUSINESS ITEM # 25560 Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City Council DEFERRED INDEFINITELY: Any Amendments to the CONFLICT OF INTERESTS ORDINANCE. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf - 42 - Item II-L.2 UNFINISHED BUSINESS ITEM # 25561 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council APPROVED: Acquisition of right-of-way by negotiation or condemnation Left Turn/Bypass Lane on Seaboard Road at Foxfire Subdivisiou Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan aud J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: None 43 - UNFINISHED BUSINESS ITEM # 25561a Councilman Jennings referenced a letter from Dr. George C. Sjolund, Director of Public Health. This letter concerned the request io DECLARE the Rudee Inlet and Lynnhaven Estuary NO DISCMGE ZONFS- This request had not been approved in 1976, due to inadequate Pump-out facilities. More facilities are now available which should provide a basis to overcome this objection. Title 62 limits the State Water Control Board to being no more restrictive than State regulations. An exception entails moored boats in shellfish waters. The mouth of the Lynnhaven is periodically closed due to pollution. As of June 24, 1986, due to pollution, the Lynnhaven will be indefinitely CONDENNED as a shellfish harvesting area. It is not unlikely that the Lynnhaven will be posted as unsafe for recreational use in the very near future. The City might be able to ADOPT an ordinance which would control boater pollution. The City Attorney will proceed to research same. - 44 - Item II-M.l. NEW BUSINESS ITEM # 25562 ADD-ON The City manager advised the Virginia Marine Science museum this past weekend had a total attendance of 8,256. Councilwoman Creech advised the brochure entitled: SELF-GUIDED MOTOR TOUR OF VIRGINIA BEACH published by the Department of Economic Development features the MUSEUM on the cover. Councilwoman Creech further extended appreciation to Traffic Engineering, Landscape Services, the Public Information Office, the Print Shop, and the staff of the MUSEUM itself, for their most worthy and untiring endeavors. - 45@ - Item II-M.2 NEW BUSINESS ITEM # 25563 ADD-ON The City Manager referenced an Ordinance concerning fringe benefits for Council Members. Senate Bill 213 established in Virgiuia Code, Section 14.1-47.2, an Amendment approving City Council authority for them to enjoy all the fringe benefits of other full-time employees. The VSRS advised this particular section required some direction. The VIRGINIA MUNICIPAL LEAGUE has concurred with this interpretation. - 46 - Item II-N.l. AD.JOURNMM ITEM # 25565 Upon motion by Councilman Jennings, and BY ACCLAMATION, City Council ADJOURNED the meeting at 7:35 P.M. Beverly 0. Hooks Chief Deputy City Clerk th Hodges Stith, CMC City Clerk City of Virginia Beach Virginia cit@@f @ir-wi@iEk 13@Ekc:la "WORLD'S LARGEST RESORT CITY" cny@ MAVOR AIL-" VICS MAYOR RRSA @ P- A- D~ MM A. JtA UM. @ B~ NANCY A. CRRSCY, Al @ RODENT t @ V"- $-4 B~ @ At @ P."@ M. JA CZ JJNN&= JX. L@ A~ Louis R. JtOBERTQ @ As J. @RY@y, JF. x@ B~ AWYJr.u L @, At L-" mi crry BUJLDLW xurm HODM smn?[. CIK CITY COUNCIL AGENDA MUNICJPAL @ v@IA WA Cm. vaoiNL4 s@ no iml 074M June 18, 1986 Virginia Beach City Council ITEM 1. MEETING OF VIRGINIA BRACH CITY COUNCIL Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM 11. SPECIAL SESSION OF VIRGINIA BEACH CITY COUNCIL Council Chambers 7:00 Pm A. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA B. ELECTRONIC ROLL CALL OF CITY COUNCIL C. CONVENE SPECIAL SESSION D. PUBLIC HEARING: 1. $1.5 Million Funding Appropriation to the Virginia Reach Arts Center E. MATOR/COUNCIL - Discussion of Pertinent Matters F. ADJOURNMENT SPECIAL SESSION 5:00 P.M. June 18, 1986 The SPECIAL SESSION of the Council of the City of Virginia Beach, Virginia, was called to order by Vice Mayor McClanan in the Conference Room, City Hall Building, on Wednesday, June 18, 1986, at 5:00 P.M, in accordance with City Code, Section 2-21. Council Members Present: John A. Baum, Robert E. Fentress, Barbara M. He-nley and Vice Mayor Reba S. McClanan Council Members Absent: Nancy A. Creech (ENTERED: 6:30 P.M.) Mayor Harold Heischober H. Jack Jennings, Jr. Louis R. Jones (ENTERED: 5:55 P.M.) Robert G. Jones (ENTERED: 5:55 P.M.) J. Henry McCoy, Jr., D.D.S. Meyera E. Oberndorf - 2 - ITEM # 25566 Vice Mayor McClanan entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. 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. 3. LEGAL HATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council voted to proceed into EXECUTIVE SESSION. Voting: 6-0 Council Nembers Voting Aye: John A. Baum, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones and Vice Mayor Reba S. McClanan Council Members Voting Nay: None Council Members Absent: Nancy A. Creech (ENTERED: 6:30 P.M.) Nayor Harold Heischober H. Jack Jennings. Jr. J. Henry McCoy, Jr., D.D.S. Meyera E. Oberndorf - 2a - HAROLD HEISCHOBER MUNICIPAL CENTER MAYOR VIRGINIA BEACH, VIRGINIA 23458-9DO2 (804) 427-4581 16 June 1986 HONOP,ABLE MAYOP, MEMBERS OF CITY COUNCIL In accordance with City Code, Section 2-21, I hereby call a SPECIAL MEETING of the Virginia Beach City Council to be held at 5:00 p.m. in the Council Chambers on Wednesday, June 18, 1986, for the purpose of Citizen Participation in the proposed increase for the FY 1985-1986 Operating Budget as it relates to the City's contribution of $1,500,000, as Virginia Beach's share in construction costs for the Virginia Beach Arts Center located on the north side of the Virginia Beach Toll Poad near the Birdneck Road Exit. Mayor HH:bh cc: Thomas H. Muehlenbeck J. Dale Bimson Ruth Hodges Smith Pam Lingle Virginia Beach City Council Received Notice John A. Baum Yt,9 Nancy A. Creech Robert E. Fentress Harold Heischober, Mayor Barbara M. Henley H. Jack Jennings, Jr. Louis R. Jones Robert G. Jones Reba S. McClanan, Vice Mayor J. Henry McCoy, Jr.,D.D.S. Meyera E. Oberndorf - 3-- S P E C I A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 18, 1986 7:00 P.M. Vice Mayor McClanan CONVE14ED the SPECIAL SESSION of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Wednesday, June 18, 1986, at 7:00 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones and Vice Mayor Reba S. McClanan Council Members Absent: Mayor Rarold Ileischober, H. Jack Jennings, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf 4 Item II-D.1 PUBLIC BEARING ITEM 25567 Vice Mayor McClanan DECLARED a PUBLIC BEARING: $1.5 MILLION FUNDING APPROPRIATION TO THE VIRGINIA BEACH ARTS GENTER The following spoke concerning same: Sarah Oliver, Executive Director of Cultural Experiences, Unlimited, spoke in support of same. John Moss, Councilman-Elect, comments revolved around the history of the Art Center and expressed his concern for Target Areas and other City needs for Capital Funds. Andrew Fine, Chairman of the Arts and Humanities Commission, advised the private sector has pledged $2.7 MILLON to fund the Arts Center to be paid over a period of 5.8 years. Mr. Fine further advised there will be some short-term borrowing in 1988. There being no further speakers, Vice Mayor Mc-Clanan CLOSED the PUBLIC EEARING June 18, 1986 5 Item II-E.1 ORDINANCE ITEM 25568 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED upon FIRST READING: Ordinance to appropriate funds in the amount of $1,500,000 to the Virginia Bech Arts Center, Inc. to be used toward the cost of construction of a new Arts Center Building. Voting: 7-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Wuis R. Jones, Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: None Council Members Absent: Mayor Harold Heishober, 11. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf NOTICE OF PUBLIC NOTICE CITY OF VIRGINIA BEACH PROPOSED BUDGETARY INCREASE FOR THE 1985-1986 FISCAL YEAR Pursuant to Chapter 2, Section 2-187.1 of the City Code, City Council wlll hold a public hearing in Council Chambers in the City Hall Building at 7:00 p.m. on Monday, June 23, 1986 to discuss a proposed increase in the operating budget for fiscal year 1985-1986. The increase of $ 1 , 5 0 0 , 0 0 0is for the appropriation of the City's share of the cost to construct the Virginia Beach Arts Center located on the north side of the Virginia Beach Toll Road near the Birdneck Road Exit. Individuals desiring to provide oral comment should register before the hearing begins with the City clerk's Office on the second floor of the City Hall Building or by calling 427-4303. -------------- R-uth Hodges-Smith, CMC, City Clerk 5a AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $1,500,000 TO THE VIRGINIA BEACH ARTS CENTER, INC., TO BE USED TOWARDS THE COST OF CONSTRUCTION OF A NEW ARTS CENTER BUILDING WHEREAS, it is the desire of the Council to support the arts for residents as well as visitors of Virginia Beach by providing easy access to important works of art and to artistic events, classes, and training; and WHEREAS, a facility has been proposed by the Virginia Beach Arts Center, Inc., (hereinafter called Arts Center) which is designed to provide said access; and Vi'HEREAS, the Arts Center has conducted a capital campaign resulting in substantial private pledges; and 'A'HEREAS, the Arts Center has requested a grant from the Commonwealth of Virginia for $1,500,000 'A'HEREAS, the Arts Center has also requested a grant from the City of Virginia Beach in the same amount as the grant from the Commonwealth of Virginia. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds In the amount of $1,500,000 be appropriated from the General Fund Balance to be used towards the cost of construction of a new Arts Center Building, subject to the following conditions: 1. The project shall be bid out In accordance with City policy and the total price (including sitework, office furniture, design and construction) shall not exceed $4,615,000. If estimates are exceeded, the Arts Center shall work with City staff In modifying the design In order to lower cost to within the $4,615,000 estimate. 2. The City shall release funds on a monthly draw basis after the Arts Center has used all available private funding. The availability of City funds shall be contingent on the Arts Center having completed at least 20% of construction and realizing at least 80% of pledge revenues projected for that point in time. Requests for payment shall be made thirty days In advance. 3. The City Manager shall be infonned of all change orders to the construction project; in addition, all change orders In excess of $5,000 shall be approved by the City Manager. Approval shall not be withheld unreasonably. - 5b - 4. Council shall appoint four (4) persons plus the Director of General Services to serve on both the Executive Committee and the Board of Trustees of the Arts Center. Council may make such appointrnents after consideration of recommendations made by the Arts Center Board of Trustees. 5. The concerns expressed by City staff regarding the facility shall be resolved as shown in Exhibit A attached hereto. 6. The amount currently in the C.I.P. for sitework shall not be Increased. 7. The Lease Agreement between the City and the Arts Center for the new facility shall be revised and updated. The terms of said lease shall also be a condition to this appropriation. BE IT FURTHER ORDAINED, that the City Manager Is authorized to negotiate with the Arts Center and resolve the concerns expressed by City staff regarding the proposed facility. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of June, 1986. First Reading: June 18, 1986 Second Reading: AS TO CQNTENTS SIGNATURE DEPARTMENT APPP,',)VED AS TO LEGALI SU @t-@C:E)NCY AND FORM CITY ATTORNEY - 5c EXHIBIT A SUMMARY OF DISPOSITION OF CONCERNS OF CITY STAFF ON DESIGN OF ARTS CENTER BUILDING June 18, 1986 Items Resolved a. Theatrical Area--City siaff agrees to leave the theatrical area as designed by the Arts Center. However, the area, if available, may be used for City functions at no cost. b. Interior Courtyard--City staff agrees to the design of this space. c. Roof--Arts Center staff will request a bid on a painted metal roof as an alternate to the copper roof. In the event that the project bid price exceeds estimates, the copper roof will be considered for change first. d. Exterior Glass--City Staff agrees to the design of the glass on the north side. e, Interior Wood Trim--The Arts Center agrees to substitute a lesser expensive wood for mahogany. f. Stonework--City staff agrees to the current design which Includes granite and slate stonework. g. Copper Drain Pipe--The Arts Center agrees to substitute PVC piping for copper piping for interior drain leaders. h. Sprinkler System--A dry pipe system has been Included In the redesign of the sprinkler system and Is acceptable to City staff as the best value. Items Not Resolved a. Supply and Return Ducts--The Arts Center agrees to redesign the supply and return air ducts currently located in the slab under the buildings, subject to City Manager approval. b. Mechanical System--The Arts Center has agreed to supply an energy (or similar type) analysis to show the most efficient system to heat and cool the building as well as the most efficient to maintain, subject to City Manager approval. 6 Item I-F.I. ADJOURNMENT ITEM 25569 Upon motion by Councilwoman Creech, and BY ACCLAMATION, City Council ADJOURNED the meeting at 7:40 P.M. Be IS H@ Chief Deputy City Clerk Kuth Hodges'Smith, CMC City Clerk City of Virginia Beach Virginia