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HomeMy WebLinkAboutOCTOBER 24, 1977 C frY IOF VIRGINIA BEACH MUNICIPAL CENTER @t City- VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., By@id@ B@ ... gh 1. HENRY M.COY, ],, D.O.S., B.,.@gb VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g@ JOHN A. BAUM, B.,@.gh J. CURTIS PAYNE, P,i.c@@. A@@@ B.,..,b ROBERT B. CROMWELL, ],, A, L.,,@ ROGER L. RIGGS, Vi,,i@i. B@@ch B ... @gh GEORGE R. FERRELL. A, L.,g@ FLOYD E. WATERFIELD, ],., P.@g. B.,@.8b IOIIN R. GRIFFIN, Ly..b.@,@ li@,..gh A G E N D A RICHARD J. WEBBON, Ci,y Cl@,k THE CITY COUNCII- OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION BuILDING, PRINCESS ANNE STATION, VIRGINIA BEACH, VIRGINIA, IN REGU-AR SESSION, AT 1:00 P.M., ON MONDAY, OCTOBER 24, 1977, FOR THE PURPOSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND ACT UPON TFE FOLLOWING ITEMS: 1. CALL TO ORDER BY THE HONORABLE CLARENCE A. HOLLAND, MAYOR, IN THE COLJNCIL CONFERENCE ROOM. 2. ROLL CALL OF TFE COUNCIL. 3. MOTION TO RECESS INTO INFORMAL DISCUSSION AND EXECUTIVE SESSION. UPON CONCLUSION OFTFE EXECUTIVE SESSION, CITY COUNCLL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS. 4. INVOCATION WILL BE GIVEN AT 2:00 P.M. , BY THE REVEREND HORACE A. CULPEPPER, ARAGONA BAPTIST CHURCH, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. 5. ROLL CALL OF THE COUNCIL. 6. MINUTES OF THE REGLLAR MEETING OF OCTOBER 10, 1977, TO BE PRESENTED FOR APPROVAL AND ACCEPTANCE. MINUTES OF THE REGU-AR MEETING OF OCTOBER 17, 1977, TO BE PRESENTED FOR APPROVAL AND ACCEPTANCE. LE-,TTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE LOW BID OF OCEAN ELECTRIC CORPORATION, IN THE AMOUNT OF $939,423 FOR TFE WATER SYSTEM CONTROL CENTER FOR THE CITY OF VIRGINIA BEACH AND FURTHER, AUTHORIZE THE CITY MANAGER TO SIGN THE NECESSARY DOCUMENTS TO IMPLEMENT THIS PROJECT. FUNDS ARE AVAlLABL.E. (ENGINEER's ESTIMATE: $1,200,000.00) LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE LOW BID OF BRINSTER CONSTRUCTION COMPANY, IN THE AMOUNT OF $72,528, FOR THE RENOVATION OF THE FRANCI@ LAND HOUSE, CIRCA 1732 (ROSE HALL) AND FURTHER, AUTHORIE THE CITY MANAGER TO SIGN THE NECESSARY DOCUMENTS TO IMPLEMENT THIS PROJECT. FUNDS FOR THIS RENOVATION PROJECT ARE AVAILABLE. (ESTIMATE OF WILLIAMS AND TAZEWELL & AssocIATES, INC.: $75,000.00 LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE REQUEST OF MR. V. A. ETHERIDGE, CiTy TREASLJRER, FOR TAX REFUNDS IN THE AMOUNT OF $199.32 8. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSI FOR DENIAL OF THE APPLICATION OF CARL M. ALBERO, RICHARD HAROLD HOLT, AND HERBERT B. DAVIS, JR. , FOR A CHANGE OF ZONING FROM A-1 APARMTENT DISTRICT TO 0-1 OFFICE DISTRI ON A 0.4 ACRE PARCEL LOCATED ON TFE EAST SIDE OF ROSEMONT ROAD, SOUTH OF BANCROFT ROAD (PRINCEss ANNE BOROUGH). ON OCTOBER 10, 1977, CITY COUNCIL DEFERRED THIS PETITION. 9. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL DELAY FORMAL ACTION ON THREE ORDINANCES PERTAINING TO ZERO SIDE YARD SETBACK LINES UNTIL COUNCIL IS PREPARED TO CONSIDER THEM DUE TO THE WORKSHOP THAT CITY COUNCIL REQUESTED PRIOR TO THEIR REINTRO- DUCTION. lo. LETTER FROM THE CITY MANAGER RECOMMENDING THE ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT FOR THE PURCHASE OF THE PRINCESs ANNE, ARAGONA AND PEMBROKE UTILITIES AND AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS IN TFE AMDUNT OF $8.1 MILLION DOLLARS AT A RATE OF 6% FOR 25 YEARS TO CONSUMATE THE TRANSACTIO IT IS NOTED THAT THE REPORT OF THE ENGINEERS VALUES THE COMBINED UTILITIES AT GREATER TFiAN $15 MILLION DOLLARS, THE SUBJECT UTILITIES WILL BE ACQUIRED BY THE CITY FOR $8.1 MILLION DOLLARS. ii. A LETTER FROM THE CITY MANAGER TRANSMITTING TFE OPINION OF THE OFFICIALS AND MEMBERS OF THE CITY COUNCILs HouSING AND COMMUNITY DEVELOPMENT ADVISORY COMMITTEE WHO HAVE ENDEAVORED TO ESTABLISH A HOUSING AND REHABILITATION GRANT AND LOAN PROGRAM FOR LOW AND MODERATE INCOME RESIDENTS OF THE CITY'S DESIGNATED COMMUNITY DEVELOPMENT AND TARGET AREAS. THE ESSENTIAL ELEMENTS OF THE REPORT INDICATE AN AGREEMENT ON CERTAIN ELEMENTS BUT A DIVERGENCE OF OPINIONS CONCERNING THE IMPLEMENTATION OF THE PROGRAM. THE MAIN POINTS OF DISAGREEMENT CONCERN PARTICIPATION BY THE RESIDENTS OF THE TARGET AREAS IN TFIE COST OF STREET PAVING , @DJACENT TO THEIR PROPERTIES AND IN THE WAY AND MANNER IN WHICH POSSIBLE LOANS AND G@ANTS MAY BE MADE FOR PURPOSES OF BUILDING REHAB- ILITATION AND THE INSTALLATION OF PUBLIC FACILITIES, IN ADDITION, CITY COUNCIL HAS BEEN ADVISED THAT UNDER THE VIRGINIA CONS,RITUTION THAT A GOVERNING BODY CANNOT ESTABLISH A NON-PROFIT CORPORATION FOR THE PURPOSE OF APPROPRIATING PUBLIC FUNDS TO IT WITH THE INTENT OF MAKING LOW INTEREST RATE LOANS, IT CAN, HOWEVER, "DONATE" FUNDS TO A NON-PROFIT CORPORATION FOR SUCH PURPOSES. 12. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE, ON FIRST READING, AN ORDINANCE TO ACCEPT A GRANT TOTALLING $58,333 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE AND ADDITIONAL FUNDS FOR THE GRANT'S PROGRAM: ESTIMATED REVENUE LOCAL TOTAL FROM OTHER AGENCIES MATCH AppgoPRIATION POLICE MICROFILMING $55,416 $44,974 $100,390 13. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-54 OF CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO UNCLAIMED PROPERTY. 14. OLD BUSINESS, DEFERRED FROM THE PREVIOUS MEETING, INCLUDING ANY REPORT OF THE MAYOR OR COWITTIES NAMED BY COUNCIL. 15. NEW BUSINESS, INCLUDING ANY PRESENTATIONS BY COUNCIL MEMBERS, CITIZENS AND ORGANIZATIONS. 16. MOTION FOR ADJOURNMENT. - 3 - ITEM #11413 The following bids were received for the water system control center for the City of Virginia Beach, Virginia: Ocean Electric Corporation $ 939,423.00 Johnson Controls, Incorporated 1,061,770.00 W. E. Vaughn Company, Incorporated 1,462,490.00 Logicon 1,498,749.00 Engineer's Estimate $1,200,000.00 On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the low bid of Ocean Electric Corporation, in the amount of $939,423 for the water system control center for the City of Virginia Beach; and further authorized the City Manager to sign the necessary documents to implement this project. ITEM #11414 The following bids were received for the renovation of the Francis Land House, circa 1732 (Rose Hall): Brinster Construction Company $72,528.00 Whitfield-Gee Construction Co. 83,450.00 A. W. Hall & Company, Inc. 98,409.00 Milhauser Construction C. 98,997.00 Estimates of Williams and Tazewell & Associates, Inc. - Architects $75,000.00 On motion by Vice Mayor Standing, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the low bid of Brinster Construction Company, in the amount of $72,528 for the renovation of the Francis Land House, circa 1732 (Rose Hall); and further authorized the City Manager to sign the necessary documents to implement this project. I 0 / 2 47 7 - 2 - ITEM #11409 The City Manager reported to the Council that a lease agreement had been reached with Mr. Porter concerning leasing, for five years, the Francis Land House (Rose Hall) for business purposes and recommended tbat City Council authorize him to sign the lease on behalf of the City. This matter will be acted upon during the formal meeting. ITEM #11409(a) There being present in the Council Chambers a large number of citizens interested in the adoption of an ordinance providing for the establishment of a Connunity Development Corporation, discussion concerning the matter was deferred to the regular formal meeting at 2:00 p.m. ITEM #11410 At 2:00 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend Horace A. Culpepper, Aragona Baptist Church, followed by the Pledge of Allegiance. ITEM #11411 On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ifolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of October 10, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11412 On motion by Councilman Waterfield, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Y@yor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standin@ll and Floyd E. Waterfield, Jr. Nays: None Absent: City Council voted to approve the minutes of the regular meeting of October 17, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. I 0 / 2 47 7 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA October 24, 1977 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, October 24, 1977, at 11:00 a.m. Council Ifembers present: John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: Robert B. Cromwell, Jr., J. Henry McCoy, Jr.** ITEM #11407 Mayor Holland entertained a motion to permit Council to conduct an informal discussion at 11:00 a.m., to be followed by an executive session at 1:00 p.m. for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affecte,!. 4. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert B. Cromwell, Jr., and J. Henry McCoy, Jr. City Council voted to proceed into the executive session following the informal discussion. **Councilman Cromwell arrived in chambers at 11:07 a.m. Councilman McCoy arrived in chambers at 11:05 a.m. ITEM #11408 Mr. Robert J. Scott, Planning Director, addressed the City Council regarding the proposal to adopt ordinances permitting the use of Zero-Lot lines whereby houses might be constructed on lots of 5,000 square feet. Council Members questioned the wisdom of adopting the Zero-Lot line after considering the elimination of small lots in the Zoning Ordinance and Subdivision ordinances which were designed to prevent congestion and promote open space. No decision was made and Council Members requested time to further consider tie matter. I 0 / 2 4 / 7 7 - 4- ITEM #11415 On motion by Councilman Ferrell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following tax refunds in the amount of $199.32: Treasurer are hereby approved: To talin2---@_199. 'fAX TYPE TICKET EXON@AL- DATE 19AME YEAP, OF TAX 1\@LPER TION NO. PAID PENALEY INT. TOTAL een P. McCarthy 1977 CD 1120"O 10-30-7i 15.00 an & Jacqueline Daltorl977 CD 6190 9-'19-77 15..00 CD 6191 9- la,-77 15.00 sell, Aaron B. 1975 RE1/2 49791. 6-10-77 47.42 onald, Barbara 1977 Dog 17731 9-21-77 2.00 Tags 17732 9-21-77 2.00 ara-A. 4losteller 1977 CD 602.1 .9-7-77 15.00 aker, Mollie J. 1976 Dp 35763 6-10-7'6 3.8.1.0 ler, G. 1974 R-@1/2 59316 6-1.0-74 7..20 2/2 12-5-74 7.20@ 1975 RE'- 62062 @2 6-10-75 00 2/2 12-5-75 9.00 1976 RE1/2 64710 6-8-76 8.70 2/2 11-26-76 8.70 The above abatenent(s) totaling --l 5 / 17 @/ @, @were approved by the Council of the City of Vixgiiiia Beach on the,;-@/ day of V. A .@i ,e, Tr... r Richard J. Webbon, City C Approved as-to form: iTEM *ii4iU -D- The following report was received from City Council's Housing and Community Development Citizens' Advisory Committee, The report presents the Co=ittee's amended recommendations for establishing a housing and rehabilitation grant and loan program for low and moderate income residents of our City's designated Community Development Target Areas. After further s.tudy involvinq numerous meetings with the city Manaqer, his staff, and federal officials, the Housinq and Community Development Citizens Advisorv Committee, appointed bv City C6uncil, respectfully submits the following amended recommendations concerning the proposed housing rehabilitation loan and grant program for your consideration: 1) LINE AND TAP FEES Line and tap fees should be assessed on an income basis (see Table below) data supplied by the state of Virginia. The scale for the non-resident landlord should also be based on the occupant's income. Those residents having to pay fees because of income over 50% of the state of Virginia median would pay the amount over a period of seven years (84 months) in 84 equal monthly increments with no interest being charged. The income figures would be adjusted to keep pace with the changes in state median income that reflect inflationary trends. The balance due will be subject to adjustment annually if there is a reduction in personal income which would place the recipient in a lower cate- gory as per the agreed schedule. Anyone selling his property voluntarily or replacing the existing structure on his property within 7 years of the installation's completion would pay the full amount, in the case of those with waivers, or the undaid remainder of the line and tap fees into the corporation set up for issuance of loans and grants. The City would not enforce its lien on any existing owner-occupied-residence until the property is sold. Note: Virginia median income for family of four $16,348. Family Size t of Median 1 2 3 4 5 6 50% 4,250 5,558 @,866 8,174 9,482 10,790 % of Median Income % of Waiver 0 - 50 % 100 % 51- 55 % 90 % 56- 60 % 80 % 61- 65 % 70 % 66- 70 % 60 % 71- 75 % 50 % 76- 80 % 40 % 81- 85 % 30 % 86- 90 % 20 % 91- 95 % 10 % 96- 99 % 5 % lAnq @,A 0 % I 0 / 2 4 / 7 7 Based on these scales and using current sewer and water line and tap fees, a family of four would pay as follows: 1) If it had $8,174 gross income (50% of median) it would pay no line and tap fee. 2) If it were earning $10,626 or 65% of.median income, it would. receive a 70% waiver, and would therefore pay $513 over a period of seven years. This would be 84 equal monthly payments of $6.11. 3) The same family earning $12,261 or 75% of $16,348 would pay $855 or 1/2 the $1,710 line and tap fee. Over a period of seven years or 84 months, this would amount to a payment of $10.18 for each of 84 payments. These figures are easily calculated for all incomes and family sizes on a percentage basis. The costs would, of course, be less for those per- sons who previously have signed utility agreements based on lower fees. By including the selling clause, we would hope to allay fears of wind- fall profits. 2) STREET IMPROVEMENTS We recommend that no new rights-of-way be acquired in the target areas and that the streets in the target areas be improved with no participation by the residents. This is the only point on which the Committee does not agree with the City Manager. We feel the street problem is different from that of sewer and water lines. Where there lias been an unimproved road in use for many years, to ask the residents to pay to make up for years of neglect is unfair. It is one more burden that need not be put on them. 3) VIRGINIA BEACH CONMUNITY DEVELOPMENT CORPORATION Because of a prohibition in the Virginia Constitution, Article X, Section 10, against municipalities making loans to individuals, a charitable corporation should be formed called the Virginia Beach Community Development Corporation. The City cannot make these grants and loans directly, but a non-profit charitable corporation can, ac- cording to both the State Attorney General and the City Attorney. The Committee also agrees with the City Attorney's opinion that the relationship between the city government and this corporation should be "at arms' length." The Virginia Beach Community Development Corporation would have as its sole purpose the making of grants and/or loans of federal funds to low and moderate income oersons in target areas. Presently there is $250,000 in Community Development Block Grant funds allocated by the City for the purpose of mkaing grants and/or loans and for admin- istrative costs. To insure that the funds are used only for activities which are eli- gible under the Community Development legislation and thereby pro- tect the City's accountability under that Act, the Committee recom- mends that City Council should appropriate these funds subject to the corporation establishing strict guidelines, standards and con- trols for their use. 1 0 / 2 4 / 7 7 7 - In the Doyletown and Seatack target areas, sewer and water lines are already in place. The Department of Utilities is now sending out notices to homeowners in that area requiring connection to the lines Other areas are fast nearing this stage of completion. In order that these home owners may take advantage of the benefits offered by the proposed corporation's program, the Citizens Advisory Committee would aLppreciate Council's consideration of this matter as soon as practi- cable. Very truly yours, Harry L.-Robinson, hairman co George L. Hanbury George E. Tinnes Sam tiouston, Vice Chairman J. Dale Bimson Elizabeth F. McClane Bernard Barrow Mary Ellen Fred Hodges Alice a ton Robert Wilson Alice Green x-rances Jones 1 02 47 7 - 8- The following members of the Committee were introduced: Mr. Harry L. Robinson, Chairman Mrs. Elizabeth McClane, Secretary Mr. Sam Houston, Sr., Vice Chairman Mr. Bernard Barrow Mr. Fred Hodges Mrs. Mary Ellen Cox Mrs. Alice Walton Mr. Robert B. Wilson Mrs. Alice Green Mrs. Frances Jones The following spoke on the above recommendations: Mr. Sam Houston, Sr. Mr. Robert B. Wilson Mr. James Gattling, resident of the Seatack area After considerable discussion, Vice Mayor Standing made a motion, seconded by Councilman Cromwell, to proceed with the recommendations of the City Manager, which are listed below; proceed with the formation of the private corporation and get funds from the Federal Government in order to implement this project. The recorded vote is as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to proceed with the recommendations of the City Manager, which are listed below, regarding the City Council's Housing and Community Development Citizens' Advisory Committee; proceed with the formation of the private corporation; and get the funds from the Federal Government in order to implement this project. 1. Participatory policy for water and sewer line and tap fees. 2. Participatory policy be extended to street improvements. 3. Income table included in the Committee's report be utilized for street improvements as well as for water and sewer line and tap fees. 4. Formation of a private corporation 5. Council select one person to be an Incorporator, the Committee also select one, and these two then select a third. The three Incorporators should then legally form the Corporation and establish its first Board of Directors. 6. During the Corporation's first phase of development that it limit its activities to making grants for the purpose of maximizing the number of very low income residents to be helped to connect to water and sewer. The making of loans should be delayed until future phases when additional funds become available. 10 2 47 7 ITEM #11417 Petition of Carl M. Albero, Richard Harold Holt and Herbert B. Davis, Jr., for a ChanRe of Zonin@, District Classification frorn A-1 Apartinent Dis,rict to 0-1 Office District on certain property located on the East side of Rosernont Road beginning at a point 120 feet South of Zsth Street, running a distance of 175 feet alon,@ the East si@e of Rosemont Road, running a distance of 100 feet along the Southern property line, running a di,-tance of 175 feet along the Eastern property line and running a distance of 100 feet along the Northern property line. Said parcel contains 0. 4 acre more or less. (Pecan Gardens.Area). PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was pass-d unanimously by the Planning Commission by a recorded vote of 13 to deny this request. It was felt approval of this request would be aii intrusion cf non-residential uses into ati already established residential areal. Mr. Mike Inman, Attorney, represented the petitioner On motion by Councilman Payne, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cronvell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Carl M. Albero, Richard Harold Holt and Herbert B. Davis, Jr., for a n e 2f Zoning District Classification from A-1 Apartment District to 0-1 Office District: ORDINANCE UPON PETITION OF CARL M. ALBERO, RICHARD Z01077289 HAROLD HOLT AND HERBERT B. DAVIS, JR., FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Apartment District TO 0-1 Office District. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Carl M. Albero, Richard Harold Holt and Herbert B. Davis, Jr., for a Change of in District Classification from A-1 Apdrtment District to 0-1 Office District on certa7l-n P-roPe ty located on the East side of Rosemont Road beginning at a point 120 feet South of 28th Street, running a distance of 175 feet along the East side of Rosemont Road, running a distance of 100 feet along the Southern pro- perty line, running a distance of 175 feet along the Eastern property line and running a distance of 100 feet along the Northern property line. Said parcel contains 0.4 acre more or less. (Pecan Gardens Area). Princess Anne Borough. For the information of the applicant, prior to the purchase of a building permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer 3. Erect a three-sided privacy fence. 4. No median cut. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of October 1977. 10/24/77 ITEM #11418 -10- On motion by Councilman Griffin, second,ed by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer until November 7, 1977 the following ordinance to amend and reordain Article 1, Section 111, of the Comprehensive Zoning Ordinance pertaining to definitions: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111, OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DEFINITIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 111, Definitions of the C.Z,O. is amended and reordained as follows: Zero Side Yard Setback Line. A side yard lot line for a single family detached house from which the setback mav be less than that required in the applicable D t, and may be reduced to zero. DEFERRED UNTIL NOVEMBER 7, 1977 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977. 10/24/ ITEM #11419 On motion by Councilman Griffin, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer until November 7, 1977 the following ordinance to amend and reordain Section 4.4 of the Subdivision Ordinance to the City of Virginia Beach relating to lots: AN ORDINANCE TO @ND AND REORDAIN SECTION 4.4 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH RELATING TO LOTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.4 of the Subdivision Ordinance is amended and reordain as follows: 4.4 Lots (i) Zero side yard setback lines may be designated for a lot in any zoning district which allows it, provided that the reg- ulations accompanying such a line shall apply to only one of the lots to which it is common. The line and the lot to which the regulations apply shall be designated on the plat. A lot may have onlv one zero side vard setback line pertaining to it. DEFERRED UNTIL November 7, 1977 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of- 1977 10/2 On motion by Councilman Griffin, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer until November 7, 1977 the following ordinance to amend and reordain the Comprehensive Zoning Ordinance by aiwnding Article I Section 102 to establish an R-10 Residential District: AN ORDINANCE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDINANCE BY AMEND- ING ARTICLE 1, SECTION 102 TO ESTABLISH AN R-10 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Zoning Ordinance is amended and reordained by amending Article 1, Section 102 and by adding the attached R-10 District, as follows: (a) In order to carry out the purposes and provisions of this Ordinance, the following districts are hereby established: (3) Residential Districts. Residential Districts shall consist of: R-1 Residential R-2 Residential R-3 Residential R-4 Residential R-5 Residential R-6 Residential R-7 Residential R-8 Residential R-9 Residential Townhouse R-10 Residential DEFERRED UNTIL NOVEMBER 7, 1977 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977. 1 3 - J. R-10 Residential District 590. Areas for a variety of residential dwelling types, where facilities are adequate to accomodate them, and where they will be compatible with their surroundings. 591. Use Regulations Within an R-10 Residential District only the following uses and structures shall be permitted: (a) Principal uses and structures: (1) Dwellings, one family attached; (2) Dwellings, semi-detached and two-family detached; (3) Dwellings, one family detached; (4) Dwellings, one family detached with zero-lot line; (5) Agricultural and horticultural uses and structures, provided that uses and structures relating to the keeping of livestock, poultry or bees shall not be allowed; (6) Day care centers and child care education centers in connection with public or private elementary schools or churches; (7) Non-illuminated golf courses, including par 3 but not miniature, with a minimum area of ten (10) acres, together with such uses which are incidental to golf courses, provided that such uses shall be designed and scaled to meet only the requirenients of the members, guests, or users of the golf course, and no signs or other indications of such uses shall be visible from any public way; (8) Parks, playgrounds and community centers, botanical and zoological gardens and other public buildings and uses; (9) Public elementary, intermediate, and high schools, colleges and universities, business colleges (but not trade schools); day nurseries in connection with public or private elementary schools or churches; (10) Public utilities installations and substations, provided offices or storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual trans- formers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screen- ing hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a land- scaped screening hedge, solid except for access opening. I 0 2 47 7 - 1 4 - (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinante to principal uses and structures, including but not limited to garages, tool sheds, green houses, swinming pools, bar- beque facilities and tennis courts. (c) Conditional uses and structures. Uses and structures herein- after specified; subject to compliance with the provisions of Part C of Article 2 hereof: (1) Churches; (2) Day care centers; (3) Extractive industries, including the removal of sand and soil; (4) Facilities for the production of live theatre and allied purposes including education in the theatre arts; (5) Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (6) Museums and art gallaries when not operated by a public agency; (7) Private schools having academic curriculums similar to public schools; (8) Recreation and amusement facilities of an outdoor nature, other than as specified under permitted primcipal uses and structures, which may be partially or temporarily enclosed on a seasonal basis with approval of City Council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (9) Storage and maintenance installations for public utilities 592. Minimum Lot Area, Lot Width, Yard Spacing, and Height Regulations Within the R-10 Residential District, the following shall apply: (a) The minimum lot area for each dwelling unit in a townhouse development shall be 1,400 square feet with an average lot area of not less than 2,500 square feet, provided, however, that the minimum lot area for churches shall be three (3) acres. (b) The minimum lot width for each dwelling unit in a townhouse development shall be twenty (20) feet for interior and thirty (30) feet for end lots measured at the building location. Each lot shall have frontage on a dedicated public street. (c) The minimum lot area for single-family detached unit shall be 5,000 square feet, and the minimum lot width shall be forty (40) feet. I 02 4 7 7 - 1 5 - (d) The minimum lot area for two-family detached dwellings shall be 10,000 square feet, and the minimum lot width shall be seventy-give (75) feet. (e) The minimum lot area for each section of a semi-detached dwell- ing shall be 5,000 square feet, and the minimum lot width for each section shall be thirty-five (35) feet. (f) The minimum lot area for single-family detached units with zero-lot line shall be 5,000 square feet, and the minimum lot width shall be forty (40) feet. (g) For uses other than the residential dwelling unit permitted in the R-10 District, front, side and rear yard requirements shall be the same as specified for the R-8 Residential District. (h) For townhouse development the following shall constitute the yard requirements: (1) Minimum front yard setback shall be twenty (20) feet. (2) Minimum side yard setbacks shall be ten (10) feet for the lots at each end of each building group. (3) Minimum rear yard setbacks shall be twenty (20) feet for each dwelling unit. (4) The maximum number of attached dwellings that may be constructed in any one (1) group, without the required side yard setbacks is nine (9). (i) For single family detached dwellings, the minimum front yard setbacks shall be twenty (20) feet. The minimum side yard setbacks shall be five (5) feet, and the minimum rear yard setbacks shall be ten (10) feet. For two-family detached dwellings, the minimum front yard setbacks shall be twenty (20) feet, the minimum side yard setbacks shall be ten (10) feet on one side and five (5) feet on the other side, and the minimum rear yard setback shall be ten (10) feet. (k) For single family detached dwellings with a zero-lot line, the minimum front yard setbacks shall be twenty (20) feet, the side yard setback related to the established zero-lot line may be zero, provided that the minimum side yard set- back on the other side is ten (10) feet. 1 02 4 7 7 - 1 6 - ITEM #11421 Final negotiations for the purchase and acquisition of Princess Anne, Aragona and Pembroke Utilities have been completed. Revenue projections have been made on the system, and it is anticipated that the purchase of these utilities and cost of improvements can be borne solely by the present and future customers within the present certificated area of the private utilities. Through research by officials of the State Corporation Commission, the City Manager determined that this is the largest private utility purchase made by a municipality in the history of the Commonwealth of Virginia. The report prepared by Hayes, Seay, Mattern and Mattern places the value to be greater than $15 million, and as Council is aware, the City will be acquiring it for $8.1 milli.on. The major aspects of the agreement are as follows: 1. $5.1 million will be paid for the stock in the P. A. Corporation, which includes Princess Anne, Aragona, and Pembroke Utilities. 2. $3 million will be paid to the Virginia National Bank in order to liquidate debts owed it by the P. A. Corporation. 3. Settlement date will be December 15, 1977, and the City will take over full operations at that time. 4. A 45-day joint control period will run from October 31 to December 15, 1977. 5. October 31, 1977, will serve as the audit date for all Corporation funds. 6. No expenditures or receipts after October 31, 1977, will be allowed without joint review. 7. All liabilities prior to closing date and any representation warranty or condition contained in the contract, will be indemnified by the $5.1 million. After considerable discussion, Councilman Ferrell made a motion, seconded by Councilman Riggs, to adopt the following Resolution of the Council of the City of Virginia Beach authorizing the execution of a contract to purchase the stock of Princess Anne Corporation. The recorded vote is as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf* Absent: None City Council voted to adopt the following resolution of the Council of the City of Virginia Beach authorizing the execution of a contract to purchase the stock of Princess Anne Corporation: *A copy of the presentation made by Councilwoman Oberndorf, outlining the reasons for her objections to the purchase of the utilities by the City, is available in the office of the City Clerk. 10 / 2 4 / 7 7 1 7 - @=CN CF TM COMCIL OF TIHE CIfy OF VIFC= BEACH AUTHOP-TZING THE CN OF A CONTRACR TO THE S= OF PRINCESS ANNE OC)ITORATICN on April 11, 1977, the City Cc)uncil of the City of Virginia Beadi authorized the City @ger to negotiate for the purdiase of the water and/or s@r system operated @ Aragona Utiliti-es, Princess Anne Utilities and PEnbroke Utilities; and , it appears that the mst practical way for the City to acquire these systems is to purchase all the stock of Princess Anne Corporation which owns all of the stock of these three es and then to dissolve Princess Anne Corporation and the les and to integrate their water and/or sewer sys@ into the City's water and sewer system; and , there ha.9 been presented to the City Council the form of a CC)ntract between Edward S. Ga-rcia and John X. Aragona, as sellers and the owners of all the stock of Princess Anne Corporation, and the City, wilich the City proposes to execute to carry out the transactions described abcyve, a copy of which shall be filed with the @utes of this neeting; and , there has also been presented to the City Council a letter from Virginia National Bank agreeing to accept certain revenue bonds of the City representing a portion of the purchase price of the stock of Princess Anne co@ratj--, upon the execution of the abc)ve contract and the consumrration of the oonditions and transactions set forth in such oontract. IZE, 13E IT RESOLVED BY THE COLNCIL OF THE CITY OF VIRGINIA BEACH, VIRC,INIA: 1. The execution of a Contract with Edward S. Garcia and John X. Aragona for the purchase of all the stock of Princess Anne Corporation is hereby approved. The City Kmager and the City Clerk are authorized and directed to execute and deliver a Contract on behalf of the City for that purpose. 2. The delivery of @in revenue bonds of the City to Virginia National Bank, as a portion of the purchase price of the stock of Princess Arme C)Orpora- tion, under the terns of the letter of Virginia National Bank is hereby approved. The City Manager is hereby authorized to accept such letter frcm Virginia National Bank on behalf of the City. 1 0 2 47 7 - 1 8- 3. The contract and the letter shall be in substantially the forrn of a contract and letter s@tted to this @ting, which are hereby approved, with sudi ccinpletions, cmissions, insertions and dianges as niay be approved by the City Manager and the City Attorney, execution by the City Manager to oonstitute conclusive evadence of his approval of any such onmssions, imertions and changes. 4. The appropriate officers of the City are hereby authorized and directed to execute and deliver all certificates and instrumnts and to take all sudi further action as they my consider necessary or desirable in oonnection with the purchase of the stock of Princess Anne Cc)rporation. 5. All otber acts of the officers of the City which are in confo@ty with the purposes and intent of this resolution and in furtherance of the purchase of the stock of Princess Anne Corporation are hereby approved and oonfi@. Adopted by the Council of the City of Virginia Beach, Virginia, approved on the 24th day of October, 1977 GC:JDB:er 10-24-77 1 02 4 7 7 - I i- i" ITEM #11421(b) On motion by Councilman Riggs, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: None City Council voted to approve on first reading the following ordinance authorizing the issuance of water and sewer revenue notes of the City of Virginia Beach, Virginia, in an amount not to exceed $5,100,000 and $3,000,000 Water and Sewer Revenue Bonds of the City of Virginia Beach, Virginia; AN C)RDINANCFI AUTliORIZ1,N(; THE ISC;IJANCE OF WATER ALND SE,@,'ER RE@TF,'NTTF IIOTFS ()F THE CIT.V OF VIRGINIA BF:A(7,li, VIRCJIIIA IN AN iLL',OUiNT NOT '.rO EXCEED $5,100,000 ALND $3,000,ooo WATER AND SEI-.RER REVENUE BONDS OF Tli--- CITV O'F VIIZ(7,ItNIA BEACIL, VIRGINLA LIHEREAS, as a parc of a prog-.am for acqiiii-iii w.-Iter and sewer facilities located within the boun(lariCS of the City, the City COLIIlcil haa dete=ined that it is desirable tO acquire the 6ew(-.y- @@vstciiis of Princt@ -.S BAnnp IltilitiL-.s and ragona L7tilities aiid the water and sewer system Of PeLlblOI(C Utilities; and WIILREAS, the City propoides t-0 ,icqui,rct sucli SYG.Lemzi by tlie purchase of the stock of PA Corp, wliicii owiis all Lhe stoCk of Ar;igoiia ULilities, Princers Anne litiliti Pembroke UtiliLies and followiiig Iiilch icqui@.it'o o tj t j solve the COrpOraLions a.'Id to i_ntegrate -Lhei@- @ater and/'Ol- $ewet SyStCu,,.@ into the C4.-Ly'S water and 5ewer Sy$tenl; itid WIIE@S, the Citv by i-e@oltition @tE!opted. oti OetoL)Cr 24, 1977. liiis authorized the execution of a conti-act with the ot,,norr, of all thc stock o@@ '@A Corp, for the pv@c'tiase of such s-@ock (the Stock PUVCI!aue Contract); iild WItE@'IS, Lhe City proposes to pAy for the aequisition Of SUCII zituck Lhrough the issuance of two Sep;-.Ir.,Ite of its oblie,,itiot)s in ati a _@gregate prircipal iiuilunt not to exceed $8,100,000 an cutilk!mpla"ed by tlitt corLrac-L- 2 0 - 2 THEREFOkE, BE IT ORDAlliED BY TM COUNCII. OF THE CITY OF VIRGLNIA BEACH, VIRGINTA; 1, It is hereby determjned to be necessary and expedient for tlie City of Virginia Beacii to acquire Lhe sewer ay,.;tems of Priticess Aiine Litilities and Aragona Ut-'.lities and the water and sewer systein of Pcfnbroke ULilitieS Llirougli the purchase of all the RtocK of PA Corp. ind to fin-atice in part such acquiR4@tion tlirotieli ,lie iqstiilic,.I-i of $3,000,000 water and sewer reveriuc bonds of the City and water and mewer revetikie@ tiL)tc,,- of the C-.ty in an -imoun-I nOL to exceeti $5,100,000. 2. Purstiant to tile Authority of Lhe Charter of the City of Virginia Beach (Cbnpter 147, Acts of Assembly of 1962, as ,3mended) and the Public Fitiatic-il- ACt, @is amendcd, there are hereby authorized to be iSSued $3,000,000 water and sewer revellue bonds of the City of Virgi.iiil Be.--Iclt aiid water and sewer revenue notes of the City o@@ Virg-@nia Beach in ,iii ,iriiokint nc)t to exceed $5,100,000 to provi,de fundn together witli olher funds tha-t may be available for the tcqui--iti.on of Priticess Aiine Utilities, Aragona Utilities atid Pembrolce Utilities through the purchase of all the stoc@, of PA Corp. 3. Ttie details of the I)OI)DS will be silecified i-n aPPrOPriAte fCSOIULion or resoliition., -iiioptc,,i silb:;(-,quent hereto and will lie ir. llclc.':,;sary to carry out the tei-mg of the SLock Purchn.@n Cot)Lract. 10/24/7V I -21- 3. 4, The detail~ of the notes will an appropriate resolution or resolutions hereto and will be as accessory to carry the Stock Purchase Contract. be specified in adopted subsequent out the terms of of the City poyable solely from the revenues from the wmter and sewer system of the City. the notes shall state that they sh0ll not be bonds and the note~ shall be limited obligations to be derivud The bonds and deemed to create of constitute an Indebtedness of or a pledge of the full faith and credit of the City, the Co~m~onwcalth o£ Virginia or any political subdivision of the Co~ano~wcalth. The ia.suance af the bonds and the notes and the undertakin o£ the aovensnts coliditions and agreements to be cont~)lncd in the resolution or resolution.~ to bc adopted hereafter shall not directly, in- directly or coating~ntly obligatc the City, the Cormmonwea]th, or any other political subdivision of the CommonwealZh, tO levy and collect any ta~es whatsoever, therc£or, or make any appr~opriotion, there£or~: except from the revenues of thc water and sewer system pledged to payment interest on ghe bond and the notes. 6. The re~oluticm or rc~olutions principal of and to be adopted here- after authorizing the. issuance of the bonds at~d the notes and providing the detailm thereof shall contain appropriate coven~i~t.~ requirinK the City to fi,~, charge and collect such rates, fees and other ch~rgcs for thc use of and for the ~ervices fm'ni~hed by its water and sewer ~yste. m a~d to re- 10/24/? 2 2 - 4 vJse tile 8amL, from time to time and as often as shall be neceasary so aS to ptodkice suf fic'-ciit net revelities to p@ly principal of ind in-lareft oti clie bt-)tidq ind tlie notes ,is the sair.e become due and to providc a irargin of safety therefor, Such resolution shall, also inclt;de such additional coven.!Ints, agreements and nther -@erm-, ,i5 )i-e ciistomarv for the protection of the holders of -water and sewer reventie obl!.E,,Itioiis. Firgt Reading: October 24, 1977 Seeoiid Reading: Aklopteti by t'-Ie Couiieil of Vi.rgillia Bezieli @it-I thc day of 1977. GC:JDB:er l@20-77 10/24/77' ITEM #11422 - 2 3- On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Jr. and Floyd E. Waterfield, Nays: None Absent: None City Council voted to approve on first reading the following ordinance to accept a grant totaling Fifty Eight Thousand, Three Hundred and Thirty-Three Dol.lars ($58,333) from the Division of Justice and Crime Prevention, and to appropriate these and additional funds for the Grant's Program; and further voted to approve the low bid of Ragen Information Systems, in the amount of $100,390, for the equipment necessary to microfilm the records of the Police Department: AN ORDINANCE TO ACCEPT A GRANT TOTALING FIFTY EIGHT THOUSAND, THREE HUNDRED AND THIRTY-THREE DOLLARS ($58,333 FROM TliE DIVISION OF JUSTICE AND CRIME PREVENTION, AND TO APPROPRIATE THESE AND ADDITIONAL FUNDS FOR THE GRANT'S PROGRAM WHEREAS, the Division of Justice and Crime Prevention (DJCP) has awarded the City with a grant for the purpose of establishing a Police Microfilm system; and WHEREAS, bids for the necessary microfilming equipment require additional funds. NOW, THEREFORE, BE IT ORDAINED BY THE COU14CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, a grant from the DJCP be accepted and appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match riation Police Microfilming $55,416 $ 44,974 $100,390 TIIAT the appropriations will be financed by $55,416 estimated revenue from the DJCP, and local funding of $44,974, to be transferred from the Police Department's Operating Budget. FURTHERMORE, that the City Manager be authorized to enter into any contracte or agreements necessitated by this program. First Reading; October 24, 1977 Second Reading: Adopted by the Council of the City of Virginia Beach on the day of 1977. GGD:JDB:er 10-19-77 1 0 / 2 47 7 #@44J - / 4 - On motion by Councilman Perrell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Fdrrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to amend and reordain Section 2-54 of Chapter 2 of the Code of the City of Virginia Beach, pertaining to unclaimed property: Requested by City Manager/Police Department AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-54 OF CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO UNCLAIMED PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-54 of Chapter 2 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 2-54. Advertisement and sale of unclaimed property. Upon delivery of the report referred to in section 2-53, the city manager may give notice by advertisement once a week for two successive weeks in some news- paper of general circulation in the city to all persons interested in or claiming such goods, wares and merchandise in question that, unless claimed by the owner with satisfactory proof of such ownership before a specified day, the same will be sold at a place specified in such notice at public auction to the highest bidder, and on the day and at the place specified in such notice all such goods, wares and merchan- dise remaining unclaimed shall be sold at auction by the city manager or under his direction; provided, that in any event, such advertisement and sale shall be accomplished not later than six months after the last sale. Notwithstandinq the other i)rovisions of this section, anv nerson who initially found and turned over to the Police Department, property which shall otherwise remain unclaimed for a period of thirty (30) days, may make claim for the return of such property, prior to its sale, to the Chief of Police or his delegate. The Chief of Police, or his delegate, may return such property to the finder making such claim, providing that strict records of each such disposal are kept. Adopted by the Council of the City of Virginia Beach, Virginia, on the - 2 5 - ITEM #11424 Councilman McCoy spoke tO City Council regarding the Position and comit,@,t of the CitY of Virginia Beach in the proposed Regional Solid Waste Autbority designed to process solid waste into usable forms of energy and sell such energy in the form of steam to the U. S. Navy, hopefully operating on a break-even basis, if not profit- able basis. Councilman McCoy noted that a member of the City Council of the City of Chesapeake had expressed an opinion that such an installation would not be a profitable or break-even operation as a similar installati,n in th,, areas of the country had proven both expensive and impractical. Councilman McCoy brought to Council's attention the commitment of Virginia Beach in the amount of $605,000 as its portion of the engineering study concerning the construction of the Regional Solid Waste Sewage Treatment Plant. If the plant is not constructed it will cost the City $605,000; if the plant is constructed the cost of the study will be absorbed by bonds issued by the Authority for which the City of Virginia Beach will be responsible for its proportionate share. Should the cost of construction exceed estimates due to increased costs of materials and labor or change orders the City could be involved in an unanticipated expense which it need not be involved in except as a party to a regional authority to assist other Tidewater subdivisions, as the City does not require such disposal services for its refuse. City Council requested further information regarding the efficiency and cost of the proposed installation. ITEM #11425 On motion by Councilman Riggs, seconded by Councilman McCoy, and by unanimous vote, the meeting adjourned. City of Virginia Beach, Virginia October 24, 1977 d I 0 / 2 47 7