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HomeMy WebLinkAboutAPRIL 5, 1994 MINUTES (2 it 1- @@i r-&4 i ) i r I I i "WORLD'S LARGEST RESORT CITY" (@ITY (@OUNCIL CITY COUNCIL AGENDA APRIL 5, 1994 CITY COUNCIL WORKSHOP - Council Chamber - 9:00 AM A. Fy 1994-1995 OPERATING BUDGET / CAPITAL IMPROVEMENT PROGRAM E. Dean Block, Director of Management and Budget INFORMAL SESSION Council Chamber - 12:30 PM A. CALL TO ORDER - Mayor meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ill. FORMAL SESSION Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jay F. Ashby Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES I . INFORMAL & FORMAL SESSIONS - March 22, 1994 G. CITY MANAGER'S PRESENTATION 1. BOND SALE RESULTS (March 29, 1994) Patricia Phillips, Director of Finance H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1 Ordinances to authorize acquisition of property in fee simple for construction of sewer and water projects, including temporary and permanent easements, by agreement or condemnation, in the following neighborhoods: a. Indian River Road/Elbow Road (CIP 6-022) (KEMPSVILLE BOROUGH) b. Indian River Road/Hillcrest (CIP 6-007) (KEMPSVILLE BOROUGH) C. Indian River Road South (CIP 6-023) (KEMPSVILLE BOROUGH) d. Old Princess Anne Road (CIP 6-001) (KEMPSVILLE BOROUGH) e. Salem Road "A" (CIP 6-024) (KEMPSVILLE BOROUGH) f. Stumpy Lake Lane (CIP 6-052) (KEMPSVILLE BOROUGH) 9. Witchduck Point (CIP 5-053/6-026) (BAYSIDE BOROUGH) 2. Ordinance to ACCEPT and APPROPRIATE $81,000 from the U.S. Department of Housing and Urban Development (HUD) to the Department of Housing and Neighborhood Preservation re homeless assistance activities; increase Federal revenues accordingly; and, authorize the City Manager to execute the necessary agreements. 3. Ordinance to authorize tax refunds in the amount of $2,771.29. 1. UNFINISHED BUSINESS 1. Southern Plan/Rural Area Preservation Discussion: Interim Measures (Sponsored by Councilman John A. Baum) J. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution to urge the U. S. Congress to enact Anti-Crime Legislation that includes both law enforcement and crime prevention programs. (Sponsored by Mayor Meyera E. Oberndort) b. Resolution to support the Ocean Park Civic League's request to the Alcoholic Beverages Control Board (ABC) that restrictions be attached to an ABC License for JAPO, INC. t/a Positive Vibes. (Sponsored by Councilman Louis R. Jones) C. RequesttoSCHEDULERECONSIDERATION oftheapplication of McDONALD'S CORPORATION for a Conditional Chana t Classification from B-1 Business Residential District to B-2 Community Business District on the North side of Princess Anne Road beginning at a point 800 feet more or less East of James Madison Boulevard, containing 38,419.92 square feet (PRINCESS ANNE BOROUGH). (Sponsored by Councilman James W. Brazier, Jr.) K. ADJOURNMENT SCHEDULE TO REVIEW PROPOSED FY 1994-1995 OPERATING BUDGET/CIP Workshop: Budget April 12 10AM-Noon CIP Tuesday 5PM-7PM Public Hrng: Budget April 13* 7PM-8PM Special Formal Session CIP Wednesday 8PM-9PM Princess Anne High School Workshop: Budget April 19 9AM-11AM Special Workshop CIP Tuesday l1AM- lPM City Council Chamber Workshop: Budget April 26 Noon- 2PM CIP Tuesday 2PM- 4PM Public Hrng: Budget April 26 6PM- 7PM Regular Council Session CIP Tuesday 7PM- 8PM City Council Chamber Reconciliation May 5 Noon- 2PM City Council Chamber Workshop: Budget Thursday 2PM- 4PM & CIP Appropriation Ordncs: May 10 Budget & CIP Tuesday 2PM City Council Chamber April 14 changed to April 13 at Princess Anne High School COUNCILMANIC ELECTIONS TUESDAY MAY 3,1994 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 3/31/94bap AGENDA\4-5-94.ITM WILLIAM D@ I 'ICE M,,,, 1-9 GREE@TREE All@ VIRGIN@ 8@ACH VIRGINIA 116, '80@) APril 5, 1994 Mrs, Ruth Hodges Smith, CMC/AAE ty f, C' Clerk" Of ce Municipal Center Virginia Beach, Virginia 23456 Re: Conffict of fntelest, Act Dear Mrs. Smith: 'n accordance %"th my letter t" YOU dated Au_.,]st 10, 1993, 1 hae thoroughly reviewed the agenda for the APril 5, 199 identi which I rnight Purpose of Virgil COuncil for tho of my sts Act. Based oi conflict under the as def are no matters on u sed that, to the best ther individuafly or "Personal interest'.. in my capacity as an officer of Cen@ Fidelitv ofthe spectfully requ.est that you record this letter i, the Official records Th@ You for Your assistance and cooperation in this matter. Very truly yours, //t/@ W@ D. Sessoms, Jr. WDS,Jr./dmc Vice-Mayor - 2 - ITEM # 37866 C"y Cou"cil RECESSED at 10:28 A.M. to attend 1/,, sig,,i,,g ly (,,overiior @illeii of an Agreement for the City's Purch-e of Ca"lp Pendleton Os referenced iii SB 449. Building No. 427 Conference Ceiittr Canip Peiidletoti April 5, 1994 - 3 - FIEM # 37867 ,ce Mayor ilia- D. S sso W' e Ms, Jr., called to order ilie INFORMAL SESSION of the IIIRGINIA BF-4CH CITY COUNCIL it, the C,)U,cil Chamber, City liall Building, on 7uesday, April 5, 1994, at 12:10 P.M. Council Members Present: John A. Bauin, Liiiwood 0. Braiich, III, I?ol)crt @V. Clyburil, l,ouiv R. Jones, John D. Wosv and Vice Mayor Williatit 1). Sc.@o@is, it-. Council Members Absent: James W. Brazier, Jr., Robert K Deart, I'aul,f. l,aiif(,igite, Wayor Meyera E. Oberndorf aild Nalicy K I'arker (Mayor Oberndorf weiii home ill) April 5, 1994 - 4 - ITEM # 37868 P'Ice Mayor Wzlliam D, Sessoms, Jr., entertaited a rnotioll to per, EXECUT" SESSION, Pursuant 0, ec ion 2.1-344, (, it CitY Council to condu,t ils purpOse: t @ t ")"I ')f Virginia, as amended, for th, following -iO'l - consideratio, of the erty for public Pup(,s-e, or of or (@f Pialls for flie future of a, erty owried or desirable for ,@eclio)t 2.1-344(A)(3). TO-Wlt: Harbor I'Oitit I)rie Hilltop Lf)op Right-(,f-Wy RS: Col sultatio, wi h 1,@a --bers, coris Ita I I t I 1 coullsel or I)ri" I /,y staff u nts, (,r a 10-eYs pertaiiiijig to atual or probable litigation, or o her P 'cific lega tn t s (, i attervrequ-ti)lgtlieproisi(.. of legal advice by counsel pursuant to Sctiolt 2 1 -344(,1 (7). TO- Wit.' Lake (,'astot, L,gl Ma,ters Martinez Case UP- -tion bY Councilma,l M,,,,, ,@ol,dcd I)y Couric-ilmait Buu,7,, (,,ity CourIcil voted to Proceed ito EXECUTIVE SESSION. Voting: 6-0 Councll Metnbers VOtlIg Aye: John A. Baum, Litiwood 0. I3r ... ch, III, I?obert W. ('Iybur,,, Louiv ]?. JOnes, JOhn D. Mo@ys and Vice Mayor Willia,7, 1). jr. Council Meinbers Votitig Nay: None Council Members Absent.- Jaln- W Brazie'7, Jr., Robert K Dean, Paul J. Latiteigiie, Mayor Meyera E. Oberndorf and Naicy K Parke, April 5, 1994 - 5 - FORMAL SESION VIRGINLI BE,4CH CITY COUNCIL April 5,1994 2:00 P.M. Vice Mayor Willialn D. Sessoms, Jr. called to order the FORAL4L SESSION of the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City liall Buildirig, oti Tuesday, April 5, 1994, at 2:00 P.M, Council Members Present: John A. Bautn, Lit7wood (). Branch, Ill, James W. Brazier, Jr., I?obert W. Clyburti, Robert K Dean, Louis R. Joiies, I'aul /. l,anteigtic, John D. Moss, Nancy K l@arker aiid Vice Mayor Willi(417i D, Vessoms, ir, Council Meinbers Absent: Mayor Meyera ],,'. Oberlidorf IDUI-, l@O IArVOCATION., Reverend Jay E Ashby Hermitage Uiiiied Methodist Churcl, April 5, 1994 6 CERTIFIcATION OF EXECUT" SESSION ITEM 37869 Up@" -olion bY COuncilman Mo,', Ilcondtd by COuticil l,ady 1,,k,, CitY Council CERTIFIED THE EXECUT@ SESSION TO BE IN AccoRI),4NCE WITH THE MOTION To RECESS. OnlY Public busitess ,tte- lawfully txempled fon Op,n M,,ting -quire-ents by rgi,@i r I I'@ ,,re Itiscusse(i ill .. i(n 0 which this certifiction resolution aplli,,,, t AND, onlY suc public b c-v-il,ghthe T@ecut" "atlers ay w"rl id(,'t"Ified ill Ille Motio" ive.5essic)ti were hea,,I, 11,@l,u@,@Ved,,r c-,sidered by r'rg""" Beach (itY Council. Voting: 10-0 V Council Afember, Oli 9 Aye.- John A. Baum, Linwood 0. Ilra,,ch, III, Jaines W. Ilrazier, Jr. RoJboehrtit DW, Clyburn, Rob-t K Dean, Louil R. Joties, ilaul J. L,illeigtie, Mo-, Nancy K Iarker aild Vice Mayor Willi,,, 1). @,,,son,, ./r Council Members Votirig Nay: Non e Council Metnbers Absent.- May- Meyera F-. Obenid(@rf April 5, 1994 CERTIFICATION OF EXECUI'IVE SESSION VIRGINIA BEACH CITY ('OUNCIL WHEREAS: The Virgi@ia Beach City coullcil ct)"velled into EXECUTIVE SESSION, Pursuant to the affimiativ, vote recorded iii ITEM # 37868, Page No. 4, aiid in accordance with the provisiolls of The Virginia Freedom of lnforniation AC( WHEREAS: Section 2.1-344. of the Codc of Virginia requires a certification by the goveming body that such Executive Sessioll was Coll(JUctcd in COI]f()FrnitY with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That tlic Virgiiiia Beach City Council hereby certifies that, to the best of each member's kiiowledge, (a) oilly public business matters lawfully exemptcd from open Meeting requiremeiits by Virgiiiia law were discussed in Executive Session to which this ce,tificatioii resolutioii applies; ai d, ( )) o is Executive Session w,,e heard, discussed or as Were identified iii the motion conveiiiiig th I IIIY such public business matters considered by Virginia Beach C-@ity Coulicil. April 5, 1994 7 MINUTES ITEM # 37870 Upon motion by Councilman Clyburti, secoiided by Couiicil Lady I'ark(@r, City Council APPROVED the Minutes of the INFORIVFAL AND FORMAL SESSIONS of,'Jart-h 22, 1994, as corrected. ITEM # 37853, Page 43 Ihe MOTION was made /)y Couticilmait l,aitteigll(', NOT (,'oulicilmall Jori es. Upon motion by C()Uiic-ilni ii l@,(iiii@lle ("ity Council TABLED: Resolution endorsiiig the Geiieral Assembly's cffort to pi-ovide fultdirig for needed Route 44 improvements out of prii?zary road flinds, replacement of road ittiprovement in the State's six-year CIP; sul)porting the administrative renzoval of tolls from Virgiiiia Route 44 iti corijunction with the funding of road intprovement projects; aiid the TRANSFER of $500,000 per year from the @tate I'olice f(,r pati@ols oii Route 44 to funding of these improve,7iciiis while still mailitaiiii)lg S14(h patrols. (Sponsored by Couiicil Members James @Y. Bi, zic,r, Jr. lid I'aul J. Latiteigne) Voting: 10-0 Council Members Votitig Aye: John A. Bawn, Linwood 0. Braiich, III, James W. Ilrazier, Jr., Itobert W. Clyburti, Robert K Dean, Louis R. Joiies, Iaul J. Laitte@gne, John D. Moss, Nancy K Parker and Vice Mayor William 1). Sess(,ms, Jr. Council Members Voting Nay. Noiie Council Members Absent: Mayor Meyera I,. Oberit(lorf April 5, 1994 -G CITYMANAGER'SPPESENTATION ITEM#37871 BOND SALE RESULTS (March 29, 1994) Patricia Phillips, Director of l,inance, advised on March 29, 1994, tlie City of Virginia Beach sold $78,090,000 in General Obligation Public Intprovement and Refutiding Bonds. The refunding portion of the sale was only $8,520,000, substantially less than was posvible one month earlier. The true interest cost (TIC) was 5.53801o, or 45 basic points below the Botid Buyer Itidex. Totat savings were $765,756 aver the next 11 years, averaging $69,000 annually, )r less thatt I r?zil on the tax rate. Mrs. Phillips displayed graphs depictztig: Tl('s of All Public Debt Issuaiice Silice 1990 TICs of General ObliLation Botids Sitice 1990 General Obligatioii Bond TICs Conipared To Boild Btiyer ]]-Bond Index Said graphics are hereby made a J)art of the record. George Pugh, Sr. Vice Presidetit - Craigic, Iiicorl)orated, @citior Uiiderwriters of the Bond Sale referenced the PRICING MEMORANDUM, wliich was distril)uted to City Council and is hereby made a part of the record. Mr. Pugh ativised the Alloti?zetit of Bojids ith clistributioii statistics for each of the firms comprisitig the Underwritiizg Group: Senior Manager Craigie Incorporated Co-Senior Matiager PaiiieWebber Ilicorporated Co-Managers Merrill Lynch & Conipany Scott & Striitg_fellow, Iizc. Wheat, First Sectirities, llic. Selling Group Artei?iis Capital Grotip, Inc. Branch, Cabell & Co. Crest,ar Batik Davetipori & (@o. of Virginia Natioiisbanc Capital Market, Iiie. W. R. Lazard Laidlaw & Mead Iizcorporated Williatti E. Sil7loll & Sons Ihe last page of this PRICING MEMORANDUM reflectiii,@ ('oiizparable Yields: $78,090,000 - City of rzrginia Beach - AalAA Negotiated,- $61,500,000 -.@tate of Nevada Competitive; $150,000,000 - City & County of liotiolulu - AalAA Negotiated,- $41.390,000 - ll(,iirico Couiity - AIIAA Negotiated. Mr. Craigie distributed two charts illustrating the market fliis itioriiiiig, 7uesday, April 5, 1994. Comparisoii of Reofferilig Yields $78,090,000 - City of Firginia Beach - AalAA Negotiated $114,955,000 l,irgittia Public School Atilliority Aal,4A (,oiiipetitive Yields of The Botid Buyer 40 April 5, 1994 9 Item X-H. CONSENT AGENDA ITEM # 37872 Upon motion by Councilman Moss, seconded by Couticilmall Jolies, City Couticil APPROIIED in ONE MOTION, Items 1, 2 and 3 of the CONSENT AGENDA, Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Laiiteigiie, Johii I). Mo.@s, Nancy K. I'arker and Vice Mayor William D. Sessoms, ir, Council Members Voting Nay. Non e Council Members Absent: Mayor Meyera E. Oberiiclorf April 5, 1994 10 - CONSENT AGENDA ITEM # 37873 Upon motion by Councilman M()ss, seconded by C()uiicilmall Jolies, City Council ADOPTED: Ordinances to authorize acquivition of property iii fee simplc for cotistruction of sewer and water projects, including letnporary and permaiieitt easemeiitv, b,v agreement or condemnation, in the f()Ilowing fleighb()rhoods . Indian River RoadlElbow I?oad (CIII 6-022) (K],,Mil,@VII@Ll,, BOI?OU(,H) Itidiali River Roadlllillcrest (CIII 6-007) (Kl,,'.AfI@VIILE BOI?OU(@II) Indiart River Road @outh (CII' 6-023) (KL@Ml@VII@1,E IIOROU(;Il) Old 1riticess Aiiiie Road (CII' 6-001) (KEMP,@VIILE BOI?OU(;II) Salem Road 'A" (CIP 6-024) (KEMP,@VILIE BOI?Ou(,,Il) Stwnpy Lake Latie (CIII 6-052) (KEMI@VILLE BOROU(;Il) Witchduck loiiii (CII' 5-05316-026) (I3AY,@II)],' BOROU(,'Il) Voting: 10-0 Council Members Votirig Aye: John A. Baum, Linw()od 0. Branch, III, Jaities W. I@razi(,i. Robcri W. ('Iyburn, I?obert K Dean, Louis R. Jones, I@aul J. l,aiiteigiie, Joltii I). Woss, Naiicy K I@arker and ;,Ice Mayor William D. @essoms, .1r. Council Members Voting Nay: Notte Council Members Absent: Mayor Meyera E. Oberiid(,rf April 5, 1994 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER ROADIELBOW 4 ROAD (C.I.P. 6-022) AND THE 5 ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS EITHER BY 7 AGREEMENT OR CONDEMNATION 8 WHEREAS, in the opinion of the Council of the City 9 of virginia Beach, Virginia, a public necessity exists for the 10 construction of the sewer project to abate pollution of the Stumpy 11 Lake reservoir, a domestic water supply, and for other public 12 purposes for the preservation of the safety, health, peace, good 13 order, comfort, convenience, and for the welfare of the people in 14 the City of Virginia Beach: 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 Section 1. That the City Council authorizes the 18 acquisition by purchase or condemnation pursuant to Sections 15.1- 19 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code 20 of virginia of 1950, as amended, all that certain real property in 21 fee simple, includinq temporary and permanent easements as shown on 22 the plans entitled "INDIAN RIVER ROAD/ELBOW ROAD (C.I.P. 6-022),-, 23 these plans being on file in the office of Real Estate Department 24 of Public Works, Virginia Beach, virginia. 25 Section 2. That the City Manager is hereby 26 authorized to make or cause to be made on behalf of the City of 27 Virginia Beach, to the extent that funds are available, a 28 reasonable offer to the owners or persons having an interest in 29 said lands. If refused, the City Attorney is hereby authorized to 30 institute proceedings to condemn said property. 31 Adopted by the Council of the City of Virginia 32 Beach, Virginia, on the 5 day of Apri I 1994. 33 CA-5439 34 NONCODE\CA5439.ORD 35 R-1 DEPARTMENT AP@VED AS c, 7@ -,PITY ATIWRNEY 7 I JVYWGOO RO 2 PEHROSEARCH BRIAROUSH LA viocaBRIOC LOCATION I @AYSON CT 2 SILVER LAKE CIR LAKE DR E Cl sitlt qELL DR S@if INDIAN RIVER ROAD/ELBOW ROAD C.I.P- 6-022 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER 4 ROAD/HILLCREST (C.I.P. 6-007) AND 5 THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS EITHER BY 7 AGREEMENT OR CONDEMNATION 8 WHEREAS, in the opinion of the Council of the City 9 of Virginia Beach, Virginia, a public necessity exists for the 10 construction of the sewer project to replace failing septic 11 systems, to abate pollution in the Gum Swamp and North Landinq 12 River and for other public purposes for the preservation of the 13 safety, health, peace, good order, comfort, convenience, and for 14 the welfare of the people in the City of Virginia Beach: 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 Section 1. That the City Council authorizes the 18 acquisition by purchase or condemnation pursuant to Sections 15.1- 19 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 e_t ssecf., Code 20 of virginia of 1950, as amended, all that certain real property in 21 fee simple, including temporary and permanent easements as shown on 22 the plans entitled "INDIAN RIVER ROAD/HILLCREST (C.I.P. 6-007),,- 23 these plans being on file in the Office of Real Estate Department 24 of Public Works, Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby 26 authorized to make or cause to be made on behalf of the City of 27 virginia Beach, to the extent that funds are available, a 28 reasonable offer to the owners or persons having an interest in 29 said lands. If refused, the City Attorney is hereby authorized to 30 institute proceedings to condemn said property. 31 Adopted by the Council of the City of Virginia 32 Beach, Virginia, on the 5 day of April 33 CA-5440 1994. 34 NONCODE\CA5440.ORD 35 R-1 A AP 'POVED AS ICI C CITY ATT, PROJECT AREA ION INDIAN RIVER ROAD/HILLCREST C.I.P- 6-007 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER ROAD SOUTH 4 (C.I.P- 6-023) AND THE ACQUISITION 5 @F TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion Of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of this sewer project to replace failing septi, 10 systems, abate pollution in the North Landing River, and for other 11 public purposes for the preservation of the safety, health, peace, 12 good order, comfort, convenience, and for the welfare of the people 13 in the City of virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 e-t sea., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "INDIAN RIVER ROAD SOUTH (C.I.P. 6-023)," these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manaqer is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons havinq an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the City of Virginia 31 Beach, Virginia, on the 5 day of April 32 CA-5441 - 1994. 33 NONCODE\CA5441.ORD R-1 APPROVED AS TO LEGA@ PROJECT AREA LOCATION INDIAN RIVER ROAD S, T C.I.P. 6- i AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR OLD PRINCESS ANNE ROAD 4 (C.I.P. 6-001) AND THE ACQUISITION 5 OF TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of this sewer project to provide sewer service along 10 Old Princess Anne Road, and for other public purposes for the 11 preservation of the safety, health, peace, good order, comfort, 12 convenience, and for the welfare of the people in the City of 13 Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et secf., 15.1-898, 15.1-899, and Title 25-46.1 et sea., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "OLD PRINCESS ANNE ROAD (C.I.P. 6-001),,, these 22 plans being on file in the office of Real Estate Department of 23 Public Works, Virqinia Beach, virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the city of Virqinia 31 Beach, Virginia, on the day of 1994. 32 CA-5515 33 NONCODE\CA5515.ORD 34 R-1 A"ROVED AS TO CONTENTS SIG TURE APR40VED AS TO LEGAV'--@ CT SAI OJECT M CT LOCATION I ARXANS 2 ALASKA 3 ARIZON$ s C:q Ru TEN SON A NTE TFMCE 11 LA INGER RIANCI PRINCESS C.I.P. 6.1 PENROSE A 3 ULARBUSH ont E S 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR SALEM ROAD "All (C.I.P. 6- 4 024) AND THE ACQUISITION OF 5 TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of the sewer project to replace failing septic systems 10 and prevent health hazards, to abate POllution in the North Landing 11 River, and for other Public purposes for the preservation of the 12 safety, health, peace, good order, comfort, convenience, and for 13 the welfare of the people in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code 19 of virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "SALEM ROAD I-Al- (C.I.P. 6-024),,, these plans 22 being on file in the Office of Real Estate Department of Public 23 Works, virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the city of Virginia 31 Beach, Virginia, on the 5 day of April 1994. 32 CA-5442 33 NONCODE\CA5442.ORD 34 R-1 AP@OVED AS I IVYWOOD RO 2 PENROSE ARCH ROJECT A LOCATioN ROCK ONS SALEM ROAD C.I.P. 6-024 1 2 AN ORDINANCE TO AUTHORIZE 3 ACQUISITION OF PROPERTY IN FEE 4 SIMPLE FOR STUMPY LAKE LANE (c.i.p. 5 6-052) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the OPinion of the Council of the City 8Of Virginia Beach, Virginia, a publi, necessity exists fc)r the 9construction of this sewer project to replace septic systems in 10 this area of poorly drained soils, and f,r other Public purposes 11 for the preservation of the safety, health, peace, good order, 12 comfort, convenience, and for the welfare of the people in the City 13 of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the CitY Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et e@., Cod, 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, includinq temporary and permanent easements as shown on 21 the plans entitled "STUMPY LAKE LANE (C.I.P. 6-052),-' these plans 22 being on file in the Office of Real Estate Department of Public 23 Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the council of the City of Virginia 31 Beach, Virginia, on the5 day of April 1994. 32 CA-5443 33 NONCODE\CA5443.ORD 34 R-1 AP APPROVED AS TO LEGA @Vehic@, nt s CT I WILLO 2 SPRIN 3 HAflVf 4YELLOI 5 BECKS 31C 6 BUHNT 7 RAND 8RELLEH ,VEA TH 3 s.W= n PROJECT A A LOCATION Stumpy Lake GC 4: City of No STUMPY LAKE L C.I.P- 6.052 S , 99 I CIR -- - -1 - - - - ECT AREA LOCAT14 I --- : I @ll ,@ -@ic 41@o@, -U. I - II: UCK POI OS3 / 6.0@ 1 @Al I 1 2 AN ORDINANCE TO AUTHORIZE 3 ACQUISITION OF PROPERTY IN FEE 4 SIMPLE FOR WITCHDUCK POINT (C.I.p. 5 5-053/6-026) AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in th, Opinion of the Council of the city 8Of Virginia Beach, Virginia, a public necessity exist, fOr the 9construction Of the sewer Project to replace failing septic 10 sygtems, Prevent Potential P0111tion to the area, and for other 11 Public Purposes for tbe preservation of the safety, health, Peace, 12 good order, comfort, convenience, and for the welfare of the people 13 in the CitY of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the CitY Cluncil authorizes the 17 acquisition by purcha,e or condemnation pursuant to Sections 15.1- e 18 236, @t seq., 15.1-898, 15.1-899, and Title 25-46.1 e-t e ., Cod 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "WITCHDUCK POINT (C.I.P. 5-053/6-026)," these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an inte,est in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the CitY of Virginia 31 Beach, Virginia, on the5 day of April 32 CA-5437 1994. 33 NONCODE\CA5437.ORD 34 R-1 APP A CONSENT,4GENDA ITEM # 37874 UP- -tion bY Councilman M,,,,, secoiided bY Coulicilltla,l (,itY Count'il,4DOPTED: Ordinance 0'4CCEPT nd PRop TE O( Ho-i gandUrbanDe,elop Ap RL4 'o fl(l@ th, U,5 Dpa,tnnt of n ment (JIUr)) o th, Deparlte,,, of Housitig and Neighborhood' Prese tion - h-,eless assistatice activities; iiit re e ' d, ty to ederal rev(,itues accordingly; authorize the Ci Ma,,ag,r cxecuie tll(, lie, Voting: 10-0 Council Meinbers Vltillg Aye: Jo.4n A. Bau-, Lin-d 0. Bra,ch, III, Jam, W B,azi K Dean, Louis R Jone , ila (s r, Jr., I?obert W. Clyburn, Robert - s 11 J Lanteigiie, J(,/Ili 11 M(l@s', Nancy K I'arker and Kice MaYOr 4"lliam D. S,,,,,,n,, jr. Council Members Voting Nay: Non e COuncil Members Abselit: MaY- Meyera E. Ober,,d,,rf April 5, 1994 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $81,000 2 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN 3 DEVELOPMENT TO THE DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION FOR HOMELESS 5 ASSISTANCE ACTIVITIES AND TO AUTHORIZE THE 6 CITY MANAGER TO EXECUTE AGREEMENTS REGARDING 7 SUCH FUNDS. 8 WHEREAS, the Stewart B. McKinney Homeless Assistance Act 9provides funds for homeless activities; and 10 WHEREAS, the u. S. Department Of Housing and Urban 11 Development has notified the City that Emergency Shelter Grant 12 funds under this Act in the amount of $81,ooo have been authorized 13 for the City in the current fiscal year; and 14 WHEREAS, the Department of Housing and Neighborhood 15 Preservation in consultation with the Department of Social 16 Services, has developed proposals for the use of such funds. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA: 19 (1) That Emergency Shelter Grant funds in the a,ount f 20 $81,000 from the U. S. Department of Housing and urban Development 21 are hereby accepted, and appropriated to the Department of Housing 22 and Neighborhood Preservation, for homeless assistance activities; 23 (2) That estimated revenues from the Federal government 24 are hereby increased by $81,ooo; 25 (3) That the City Manager is hereby authorized to 26 execute a Grant Agreement with the U. S. Department of Housing and 27 Urban Development accepting such funds and to execute agreements 28 including the granting of funds to non-profit agencies for the 29 carrying out of homeless assistance activities; and 0 (4) That the City of Virginia Beach hereby agrees to 1comply with all requirements of the Grant Agreement and regulations 2of the U. S. Department of Housing and Urban Development regarding 3such funds. 4 Adopted by the Council of the City of Virginia Beach, 5virginia on the5 day of ApriL 1994. 6CA-5534 \ORDIN\NONCODE\HUD81K.ORD R-2 PREPARED: 03/25/94 - 12 - Item 111-H.3. CONSENT AGENDA ITEM # 37875 Upon motion by Councilman Mosv, secoiided by C(,uiicilniait J(,)i@@s, ('ity, Couiicil ADOPTED: Ordinance authorizitig tax refutids iii t/7e amouiii of $2,771.29 aild upoll application of certain persorts and upon certificatioti of the City Treasurer ft)r paymetit. Voting: 10-0 Council Members Votilig Aye: John A. Baum, Liriwood 0. Braiich, III, James W Ilrazier, Jr., Robcri W Clyburn, Robert K Dean, Louis R. Jones, I'aul J Laiiteigii(,, Johii I). M(,@ss, Nait(-)@ K. Iarker and Vic(@ Mayor William D. @essoms, Jr. Council Members Votiiig Nay. Non c Council Members Absent: Mayor Meyera E. Obertidorf April 5, 1994 3/ 18/ 94 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VJRGINIA BEACH. VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved NAME Tax Type Ticket Exone,a- D:,,e Penalty Ilt- Total Year of Tax Nu.ber tion No. p i Norfolk Southern Railway 94 PS RE 16 121 5/ 93 399.00 Herman Jr & Dawson Charity 94 RE(1/2) 20408-3 1213193 14.25 Herman Jr & DaWson Charit@ 94 RE(1/2) 20409-2 12/3/93 14.25 Herman Jr & DaWSon Charit,y 94 RE(1/2) 20407-4 12/3/93 14.25 Fort Knox Federal Credit 93 RE(212) 43827-9 5/25/93 4.46 F( Knox Federal Credit 94 RE(1/2) 39085-3 12/5/93 18.47 NaT,ionsbank Mortgage Corp 94 RE(112) 19111-3 12/1/93 570.00 Transivorld Mortgage Corp 94 RE(1/2) 107066-1 121 5/ 93 22.80 Richard N & Carolyn Coe 94 RE(2/2) 22490-8 12/5/93 142.28 )e Henry Racquet Club 94 RE(1/2) 18057-1 1212193 773.77 iumbia First Federal S&L 94 RE(112) 75920-6 12/5/93 121.52 Margaretten & Company 93 RE(1/2) 36709-6 11/24/92 77.88 Margaretten & Company 93 RE(2/2) 36709-6 5/29/93 77.88 Shuttleworth, Ruloff etal 92 RE(112) 82788-5 10/16/91 520.48 Total 2,771.29 This ordinance shall be effe,ii,e from date of adoption, The above abatement(s) totaling $2,771.29 were approved by the Council of the City of vj,ginia Beach on the 5 -day of II -i 9.94 Approved as to forrr, Ruth Hoages Smitt-, City Clerk 13 - UNFINISHED BUSINESS ITEM # 37876 SOUTHEP,N PLANIRURAL AREA PRESERVATION Concerning the SOUTHERN PL,4NIRURAL AREA PRESERVATION, Couticilman Baum requested information relative the requiremerits for individual lots alrealy plated. @fhe (,ity does not require enough of the individual property owner, particularly the ciraiiiage (litchcs are tiot moved over and the road is not widened. The ten foot additio?ial easellieiii does 1101 it7ipl-ove aitythitig, Coiistructing a ditch is not expensive. Interim actions might have to be approv(,d pri())- t,) th(' Adof)liori of the Revised Ordinance. Councilman Baum interids' to be coriservative particularly with regards to stripping out roads. Councilman Baum will vote against lots right against the road. L()cati()fl itiust be coitsidered and whether or not farm land is being preserved. Couiicilma)i Baum cited the exal7ipl(- of Baut?l Road Councilman Baum requested a Briefing. Councilman Branch wished this plaii be examiried iii a itiore c()nipreheiisive maiirier with perhaps an agriculture policy, the outdoor plari and workiiig with tlic SI(il(, Yhe City Matiager shall provide a Bl@I,,'I,'IN(; re the Southerii PlatilRural Area Preservation Plan between Mid May atid the firvi of Juiie. April 5, 1994 - 14 - III-1.2. UNFINISHED BUSINESS ITEM # 37877 Councilman Dean referenced the use of canipaign signs iri the public right-of-way and medians as well as on City owned property. Councilman Dean requested the City Manager have the Zoning Staff and Utility Workers remove the signs that are in violation of flie law. April 5, 1994 - 15 - III-J.I.a. NEW BUSINESs ITEM # 37878 COUNCIL-SPONSOP,ED ITEMS UPon -tion bY Councilman Lanteig,,e, seconded by Counci - n Clyburn, Ci cou i OPTED, AS REVISED: 1 a tY nc I AD Resolution to urge the U. @y. C,,,,gress to enact Anti-(rinie Legislation that iiclude, both law enforcement and crime preventi()tl pr@qrants, (SP---d bY MaY- Meyera l,. OI)eri,d(,rf) @e following verbiage, Iiies 38 to 46 were iiiserted on page 2. "BE IT FURTHER RE,@ol, VE, 1): Thai the City Council of the City of virgillia Ileach SuPports the effrts of Gov-or Allen and the Vzrginia General Assembly to pro,ide ub,,tantie measures to make our Commonwealth a safe plce. 7hey(, measur(,s iticlude, but are not limited to, abolishing parole, utilizitig alterriativen to itcarceratioii for non-violent o@fenders, providing for truth in setitencing, and pursuirig an effective atiti-tirug policy that attacks bOth the supply side and the demand side f)f the probl(@tti. Voting: 10-0 Council Members Voting Aye: John A. Ba , Linwood 0. Branch, II, James W. Braz um I ier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Joh, D. Moss, Na,,cy K l@arker and rice MaYor William D. ;evsoins, Jr. Council Members Voting Nay: None Council Members Absent: May- Meyera E. Obertidorf April 5, 1994 1 A RESOLUTIOR URGING THE U. S. CONGRESS 2 TO ENACT ANTI-CRIME LEGISLATION 3 WHEREAS, America's communities and families are scarred by 4 increasing numbers of violent crimes; and 5 WHEREAS, the level of violence associated with criminal acts 6 is increasing; and 7 WHEREAS, no community or family is untouched by incidents of 8 crime or the fear of being victimized by crime; and 9 WHEREAS, reductions in crime and in the fear of crime will 10 require enactment of meaningful national anti-crime legislation as 11 well as work by local communities and state governments to develop 12 and implement long-term solutions that deal with both the causes 13 and effects of crime; and 14 WHEREAS, the National League of Cities has declared the 15 implementation of short and long-term solutions to stop crime and 16 violence in our cities and towns as its concern of highest priority 17 for 1994; and 18 WHEREAS, the critical nature of the problem demands an end to 19 Congressional gridlock; and 20 WHEREAS, achieving an early partnership to reduce crime will 21 require immediate action by the Congress. 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That Council urgently calls upon the Congress to enact anti- 25 crime legislation without delay in order that the resources and 26 programs which such legislation will provide can be utilized on a 27 timely basis to deal with this critical problem. 28 BE IT FURTHER RESOLVED: 29 That such anti-crime legislation should include: 30 A balanced approach that includes both law enforcement 31 and crime prevention programs. 32 Direct block grant anti-crime funds to cities and towns 3 3 with maximum flexibility allowed in the use of those 34 funds. 35 Creation of a federal anti-crime trust fund financed by 36 dedicated revenues derived from licensing fees levied on 37 weapons, ammunition and weapons dealers. 38 BE IT FURTHER RESOLVED: 39 That the city Council of the City of Virginia Beach supports 40 the efforts of Governor Allen and the virginia General Assembly to 41 provide substantive measures to make our Commonwealth a safe place. 42 These measures include, but are not limited to, abolishing parole, 43 utilizing alternatives to incarceration for non-violent offenders, 44 providing for truth in sentencing, and pursuing an effective anti- 45 drug policy that attacks both the supply side and the demand side 46 of the problem. 47 BE IT FURTHER RESOLVED: 48 That the City of Virginia Beach rededicates itself to Crime 49 prevention and suppression and calls upon all of our citizens to 50 assist in these efforts. 51 Adopted by the Council of the City of Virginia Beach, 52 virginia, on the d,y f Apr i I 1994. 53 CA-5545 54 NONCODE\CRIME.RES 55 R-2 56 April 5, 1994 2 - 16 - III-J.I.b. NEW BUSINESS ITEM # 37879 COUNCIL-SPONSOP,ED ITEMS 7he following spoke in SUPPORT of the Resolution: Judith K Connors, 3958 "ispering Oaks, Place, Phone: 464-3640, spoke in behalf of Diana McLemore, President - Ocean Park Civic League. Correspondence of Diana McLemore is hereby made a part of the record. William F. Hardaway, 3658 Seagluff Bluff Drive, Phone: 460-2651, represented the Ocean Park Civic League. Copy of denial of ABC License offormer occupant "In The Black, Itic. " (lovely Ladies) is hereby made a part of the record. 7he following spoke in OPPOSITION to the Resolutioii: Attorney Troy Spencer, 201 Plume Street, Ihone: 622-3317, represented the applicant Jim Otley, 3656 Shore Drive, Ilhone: 460-0456, the applicalit Aleta Otley, 3656 Shore Drive, Phone: 460-0456, the applicalit Hugh Wood, 2316 Madison Avenue, Ilhorie: 460-9306 Upon motion by Councilman Ioiies, seconded by Couricilmaii Moss, City Council ADOPTED: Resolution to support ilie Ocean Park Civic League's request to the Alcoholic Beverages Control Board (ABC) that restrictions be attached to an ABC License fc)r JAPO, INC. tla PoNitive Plibes. (,;poris()red by Councilman Louis R. Ionev). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, James W Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and rice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Obertidorf April 5, 1994 Requested By: Councilmember Louis R. Jones 1 A RESOLUTION TO SUPPORT THE OCEAN PARK 2 CIVIC LEAGUE IN ITS REQUEST TO THE ABC 3 BOARD THAT RESTRICTIONS BE ATTACHED TO AN 4 ABC LICENSE FOR JAPO, INC. TIA POSITIVE 5 VIBES 6 WHEREAS, the City of Virginia Beach, through its 7 elected representatives and professional staff, and through the 8 civic organizations representing City residents, strives to ensure 9 that our municipality is a wholesome planned community, attractive 10 to residents and visitors; 11 WHEREAS, an essential element of sound community 12 planning is the regulation of commercial entertainment, including 13 the exclusion of activities which are not compatible with 14 surrounding residential neighborhoods; 15 WHEREAS, JAPO, Inc., proprietor of the premises 16 located at 3656 Shore Drive, doing business as Positive Vibes, 17 adjacent to the residential community of ocean Park, has applied to 18 the Alcoholic Beverages Control Board for an on-premises license to 19 sell beer and wine; 20 WHEREAS, the Ocean Park Civic League has asserted 21 that unless restrictions on the use of the premises are applied, 22 such an establishment may constitute a nuisance and may 23 substantially detract from the quality of life enjoyed by families 24 in the adjacent residential neighborhoods; 25 WHEREAS, the Ocean Park Civic League has requested 26 the Alcoholic Beverages Control Board, to place certain 27 restrictions on the ABC license for the premises. 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 That the Council affirms its support of the ocean 31 Park Civic League's request to the Alcoholic Beverages Control 32 Board that the ABC license for JAPO, Inc., t/a Positive Vibes at 33 3656 Shore Drive, in the city of virginia Beach, adjacent to the 3 4 residential community of ocean Park, contain restrictions as 35 follows: 36 1. No entertainrnent, dancing, including, but not 37 limited to go-go type dancing, disc jockey Music, live Music, live 38 entertainment. The c)nly music allowable in the establishrnent 39 should be soft background music for the dining pleasure of patrons. 40 Further, there would be no amplification of said Mulic beyond 41 normal conversational levels. 42 2. The operator shall cease the sale of any and all 43 alcoholic beverages at 12:00 midnight. 44 3. Employees shall not be scantily clad or wear 45 suggestive clothing. 46 4. That if any other products are promoted for sale 47 on the premises as a result of the restaurant operation, those 48 iteins would be tasteful in nature and not contain any offensive, 49 suggestive or foul language or gestures. 50 5. There shall be no Pinball games, billiard games, 51 or any other type of electronic garnes, save and except a dart 52 board. 53 Adopted by the Council of the City of Virginia 5 April 54 Beach, Virginia, on the -- day of 1994. 55 CA-5546 56 ORDIN\NONCODE\CA5546.RES 57 R-12 58 PREPARED: 3/30/94 17 - NEW BUSINESS ITEM # 37880 COUNCIL-SPONSORED ITEMS Lou Pace, 1908 Hunts Neck court, Phone: 468-0925, regiviered in OPPOSITION. Upon motion by Councilman Brazier, seconded by Couiicilmall Clyburii, City Council SCHEDULED FOR AL4 Y 24, 1994: Request to SCHEDULE RECONSIDERATION (,f the Application of McDONALD'S CORPORATION for a from B - I Business Residential District to munit usin ss istri i on the North side of Princess Anne Road beginnitig at a point 800 feet more or less Fast of James Madiso,, Boulevard, containing 38,419.92 square feet (I'I?IN(,E," ANNE BOROUCII). (Sponsored by Councilma@i James W. Brazi(,r, Jr.) Voting: 7-3 Council Members Voting Aye. John A. Baum, Linwood 0. Bralich, III, Jam(-s W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jories aitd Vice Mayor Williatti I). @essoms, Jr. Council Members Voting Nay. Paul J. Latiteigne, John I). Moss and Nanc-v K. I'ark,,r Council Members Absent: Mayor Meyera E. Obe"idorf April 5, 1994 III-J.I.d. NEW BUSINESS ITEM # 378SI COUNCIL-SPONSOI?ED ITEMS ADD-oN Ma -Ie@"ric 1 50 6 M.,by Ro.d, 'y 1 Pho,,e: 460-0750, -died, referen e he Exceptio a Wateay, Resources h,s rPlied to m s ni th Municipal (,r anY question restandards and the recreational comm, i ce in existence and there are state s Or n ty. rirginia Beach Wate-ays Prograni .v t mwater regulations. ittation of the N(,rill Jusl the same as the City a,,d 5tate and quality )f life. a Landirig River urider this delign tiott wa, CO'Inci@- L-teigne referenced his letter ary Resources - Co,,OnWea Secret of Natural of March 30, 1994, to the Ilonorble Rebecca Norto,, D n,,, lelter is hereby nade , p Ith of V'rgl"'a, - Ex eptio a Watefw designat n art of the record. c n 1 i@ . @Yaid COu"Cil-a" Lanteigne, it, his letier, had adli d tle Anitdegredation POlicY regardijig Ihe ExcePtional W.te- designatio. and t se expanded sorm @ gu'da ce docume t pr M -ter discharges i,,to ti 0 ulglt,,d bY tl?e 1)1,,C) appe r to prohibit new or ,xisli,,gpe,ma,e,, pernit ed g Councilman Lanteigti iliquired if ilicrtased -ju ie@y of frealed st I e v)urces, re ardle- Of efflueri qualit v. ExcePtional Waters des- 0-water would be al owed undr ilie Ignalion as dflscribe(l "' tlle f(@ll()wilig @sceiiarios. 1. The City mus, pand a ' t'ng school slormwater runoff from the ex ii ex s school@ current discha'-ge to a peretillial stream which flows it) We Neck Creek, a r-inated tributary 10 Ihe North Lailding River. st rUnoff into West Neck Creek hough th -ase of ireated slormwater expansion of h, ,h-I will reult i,, ,, i,,c lyie I e perenlial stream. 2 A -ce track is Prol)os ed o,, f)ro[)erty which u,ij()"lts a n( . to the North La,,dii,g I?i,,r' 'itizriated tributary be c-veyed by pipe . @iorinwater rui,off fr- ilic race track will to I/le tril)ufary aii(l, volume of treatedvtoi-,,,water ilito ile -iytill a@y S'Uch, will iticrease the ,@ vysten,. 3. In order to a-id cll'-- Of the Master Jet Ilase at Oceana, the Base may ha- 10 facilitate pa,, i ex s O,, (,f a tnain ruilway at Oeaiia. An addition,l runway may be added to I;'Cniress Airfielt4 a fed(ral facility which , , a-iliarY landirig stril) for Oea,,a. ,;,or,, walcr ruiioff fr(@)ln oceaiia will be c-veyed through a,, Pipeliiie wliih (,Urrctilly di,,h,,,, Wes' Neck Creek' @orntwatcr ru discharged to boil, tht, 7 "Off ftolit Airficld will be Pocaly River, nottiiii 'C"ll Vtcnl Of I/Ic N(,rth Laii(lilig I?iver aiid the a al@',l ti-it)ufary, tlrou,@h tl7(, cxiytilig stol@ttlwaler cotiveY-ce vyste.. 17,c CXPUII@1/2'ioll of tlie ruiiwav., ,'ill revult ill ar, increased volune (,f t,,,"tcd,@10r)ltwaler io I)Oth 110 - waterl)@)dies. Assistant Attorney Van- alidejuli advised if i -ibility the scenarios is a PO V lie a ti-degadatio, policy i prop-ed (scli-4 racen s Ilot changed th,n her, negatively. tra,k alid Occalia Jet Ilale) could be impacted It appea- everything cati bc retaiii(-d oil site - pi@)ed to 101/, r Waler body, but then it mus, be dete-ined whether thi i, ecoiio lic, il@, @, received an answer. s tr a - ibl,-, if ilie pi itid(-ed ,xis,. The City has not BY CONSENSUS, the CitY Manager will 1,A lis res DeP@rt--t Of Environmental Q,,ality i,ror X Polivt, re Exceptioilal WaterwaY, 0 the irginia lo 5. 00 I@M. tociay, th,- d,,(Ilil,, cstabli,,hed for comment. APril 5, 1994 - 19 - III-J.I.e. NEW BUSINESS ITEM # 37882 COUNCIL-SPONSORED ITEMS ADD-ON Upon motion by Councilman Moss, secorided by Couiicillnaii J(@iies, City Council RESCHEDULED: TUESDAY, AL4Y 3,1994, CITY COUNCIL SESSION TO THURSDAY, MA Y 5,1994 Voting: 9-0 Council Members Voting Aye: John A. Baum. James W. Brazier, Jr., Robcri W. Clybur;i, Robert K Dean, Louis R. Jones, Paul J. Lanteigtie, Iohn D. Moss, Nancy Y- Parker and Vice Mayor William D. @essoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood 0. Ilranch, III aild Mayor Meyera I,,'. Obertid()rf April 5, 1994 - 20 - III-J.I.d. NEW BUSINESS ITEM # 37883 C@"@cil-- Moss referenced th@ ill", of the School CaPital Intprovemet Prgram. COuncilniat, Mos -sideration specia educati,, require.. quested the School Board address to -@hat -te ?t does. the average per Nquare foot figures lke in c, ,v f ents. 7he requirene, f,,r spec I education eed, 10 ered ro- eight to sz. n a It ia n has been tive -. . Is the a@erage per square foot per student utilized ad representa Of the special edc,,ti,,n requirenients with reg,rd to elemetit rY school,? 7he Pop,latiot, of special education has grown faster tlian overall (,iirc)lltne,,t, a April 5, 1994 21 - ADJOURNMENT ITEM # 37884 V,ce M@y@l- s@,1-10_ DECL4)?ED the Meelitig ADJOURNED at -3.-40 l@,41., L -------------------------- William D.,@essolits, jr., Chief Dep.ty City Cl,,k Vice Mayor - -------------------------- Rulh IIdg- S-ith, CMC14AI. City Clerk Meyera I@'. Obcr,,,i(,rf Mayor City Of Plirginia Beach Virginia City COuncil continued with the Emergency Medical Services POrtion of the WORKSHOP PE FY 1994- 199-5 OPER,4TING BUDGET / CAP TAL I PRo FN I M VEM @ T PROG' M untit 3:49 P.M. April 5, 1994 1- ii - " i 1 -1 i ir I I l@ " @ I I "WORLD'S LARGEST RESORT CITY" (@ll Y C@OtN(',Il@ ..IIIT Illlll.N@ 1- --l' CITY COUNCIL AGENDA APRIL 5, 1994 CITY COUNCIL WORKSHOP - council Chamber - 9:00 AM A. FY 1994-1995 OPERATING BUDGET / CAPITAL IMPROVEMENT PROGRAM E. Dean Block, Director of Management and Budget INFORMAL SESSION Council Chamber - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ill. FORMAL SESSION Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor meyera E. Oberndor, B. INVOCATION: Reverend Jay F. Ashby Heritage United Methodist church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1 . INFORMAL & FORMAL SESSIONS - March 22, 1994 G. CITY MANAGER'S PRESENTATION BOND SALE RESULTS (march 29, 1994) Patricia Phillips, Director of Finance H. CONSENT AGENDA All mafters listed unde, th, Consent Agenda are -nsidered in the ordinary course of business by City Council and will be enacted by on, motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon Separately. Ordinances to authori,e acquisition of property in fee simple for construction of sewer and water projects, including temporary and permanent easements, by agreement or condemnation, in the following neighborhoods: a. Indian River Road/Elbow Road (CIP 6-022) (KEMPSVILLE BOROUGH) b. Indian River Road/Hillcrest (CIP 6-007) (KEMPSVILLE BOROUGH) C. Indian River Road South (CIP 6-023) IKEMPSVILLE BOROUGH) d. Old Princess Anne Road (CIP 6-001) (KEMPSVILLE BOROUGH e. Salem Road "A" (CIP 6-024) (KEMPSVILLE BOROUGH) f. Stumpy Lake Lane (CIP 6-052) (KEMPSVILLE BORou'GH) 9. Witchduck Point (Cl@ 5-053/6-026) (BAYSIDE BOROUGH) and Urban Development (HUD) to the Depart e from the U.S. Department of Housing 2. Ordinance to ACCEPT and APPROPRIATE $8 1,000 m nt of Housing and Neighborhood Preservation re homeless assistance a,tivities; j*ncrease Federal revenues accordingly; and, authorize the City Manager to execute the necessary agreements. 3. Ordinance to authorize tax refunds in the amount of $2,771.29. UNFINISHED BUSINESS 1. Southem Plan/Rural Area Preservation Discussion: Interim Measures (Sponsored by Councilman John A. Saum) J. NEW BUSINESS COUNCIL-SPONSORED ITEMS: a. Resolution to urge the U. S. Congress to enact Anti-Crime Legislation that includes both law enforcement and crime prevention programs. (Sponsored by Mayor Meyera E. Oberndo@ b. Resolution to support the Ocean Park Civic League's request to the Alcoholic Beverages Control Board (ABC) that restrictions be attached to an ABC License for JAPO, INC. t/a Positive Vibes. (Sponsored by Councilman Louis R. Jones) C. Request to SCHEDULE RECONSIDERATION of the Application of McDONALD's CORPORATION for a nue from e North side of East of James Madison Boulevar , containing 38,41@ ANNE BOROUGH). (Sponsorec by Councilman Ja K. ADJOURNMENT SCHEDULE TO REVIEW PROPOSED FY 1994-1995 OPERATING BUDGET/CIP Workshop: Budget April 12 10AM-Noon CIP Tuesday 5PM-7PM Public Hrng: Budget April 13* 7PM-8PM Special Formal Session CIP Wednesday 8PM-9PM Princess Anne High School Workshop: Budget April 19 9AM-11AM Special Workshop CIP Tuesday l1AM- iPM City Council Chamber Workshop: Budget April 26 Noon- 2PM CIP Tuesday 2PM- 4PM Public Hrng: Budget April 26 6PM- 7PM Regular Council Session CIP Tuesday 7PM- 8PM City Council Chamber Reconciliation May 5 Noon- 2PM City Council Chamber Workshop: Budget Thursday 2PM- 4PM & CIP Appropriation Ordncs: May 10 Budget & CIP Tuesday 2PM City Council Chamber April 14 changed to April 13 at Princess Anne High School COUNCILMANIC ELECTIONS TUESDAY MAY 3,1994 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 3/31/94bap AGENDA\4-5-94.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Vlrginia April 5, 1994 Mayor Meyera E@. Oberndorf callcd to ordcr Ilic CITY COUNCIL IVORKSHOP RE FY 1994-1995 OPERATING BUDGET / C4pITAL IMPROIIEMENT PROGRAM ()f 1/te IIIRGINL4 BEACH CITY COUNCIL in the Council Clianiber, City Ilall Buildiiig, oii luesda), lipril 5. 1994, at 9:00 A.M. Council Members Preselit: Robert W. Clyburii, I?obert K. Dea,t, I'Uul J Laiitcigilc aild Mayor Meyera E. Obe"idorf Coun Members Absclit: Johis A. Bawn JENIL-IU,[): 9:50A.M.IDEVTIS'TAP]IOIArTMEAITI Linwood 0. Bratich, III [L,-Ar]Eiu,'D: 9:15 A.M.] Jame,s W. Brazier, Jr. JEN7ERED: ll:Oo A.m.1 Louis iZ Joncs [L-'jvlEltLD: 9:10,1.M.] John D. Moss [Eff]ERED: 12:12 l@M.] Nancy K Ilarker IL-N7L]U,D: 9:11 A.M.] Vice Mayor Willia,7i D, Scssottis. Jr. IL)v7@EIU;@D: 11:00 A.M.] ;'Ice MaY- Se-otm, beitig a Corporate Officer of Ccittral f-idelity Balik disclosed there were no matters on the agenda in which he has a '@rsotial iiilcrcst" as deftiied iii the Act, either individually or iii his capacity as aii officer of Ceiitral i"idelity Batil@, Tije rice Ma)-or regularly file, this Disclosure with the CitY Clerk as he may or may not kiiow of flic Ilatik's ijitcrest ili titt)'a])Plicatioll tllat "lay cottic before City Council. Vice Mayor Sessons' letter of Il@ril 5, 1994. is lierel)), illu(ie 4i i,art of flic rccord. City ¢)f Virgix~ia lqeach WILLIAM D SESSOMS JR 809 GREENTREE ARCH VICE MAYOR VIRGINIA BEACH VIRGINIA 23451 (804) 473 3926 April 5, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the April 5, 1994, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, William D. Sessoms, Jr. Vice-Mayor WDS,Jr./dmc - 2 - ITEM # 37866 City Council RECESSED at 10:28 A.M. to attend llie sigriijig /)v (,oi,critoi- Alleii of ati Agreement for the City@ purchase of Camp Pendleton as referenced ill SB 449. Building No. 427 Cotifereiice Center Canip Petidletoii April 5, 1994 - 3 - IIF,M # @?7867 Vice Mayor William D. @5essams, Jr., called to ordcr 1/7e INFORMAL SESSION of the v7RGINL4 BEACH CITY COUNCIL it, th, C ...... ii Chamber, City liall Building, on 7uesday, April 5, 1994, at 12:10 P.M. Council Members 1'resent: John A. Baum, l,itiwood 0. I@ru)icl?, III, I?ob,,rt Vyburit, l,ouis Jories, Johii D. .4losv and Vice Mayor Williatti 1). Jr. Council Members Absent: fames W. Brazier, Jr., I?obert K. Dcaii, I'(iul,l. li(ifiteigiie, Alayor M(,vera E. Oberndorf aiid Naiicy K Iarker (Mayor Oberridoif we;it home ill) April 5, 1994 - 4 - ITEM # 37868 Vlce Mayor William D. Sessoms, Jr., entertained a motio,i to permit City Council to conduct its EXECUTIVE SESSION, pursuant to 5ectioii 2.1-344, (,@ode of Vi@iZinia, as cimended, for the following purpose: P@CLY-HELD PROPERTY.- Discussioii or c,onsideratioii of the cotidition, acquisitiori, or use of real pr(@perly for public purj)ose, or of the disposition ofpublicly-held property, or ()f plalis for the future of an institution which could affect the value ofproperty owned or desirable for ownership by such institution pursua?it to @ectioii 2.1-344(A)(3). To-Wit: Ilarbor Ioiiit I)rive fIilltop Loop Right-of-Way LE@ MATTERS: Corisultation with legal couiisel or briefiiigs by staff members, corisultants, or atiorrieys pertaiiiiiig to actual or probable litigation, or other specific legal matters requestiiig flie provision of legal advice by counsel puryuaiit to 5ectioii 2.1-344(A)(7). To-Wit: Lake Gaston Legal Matters Mariiiiez Ctise Upon motion by Couricilmaii Moss, secoitded by Couiicilmaii Bau@i, City Couiicit voted to proceed into EXECUTIVE SESSION. Voting: 6-0 Council Members Voting Aye: John A. Baum, Linwood 0. Braiicli, III, I?ob(,i@t W. Clyl)urii. Louis R. Jones, John D. Moys atid Vice Mayor Williant 1). @esvoms, Jr. Council Members Votirig Nay: None Council Members Absent: James W. Brazier, Jr., Robert K Deati, Iaul J I,anteigile, Mayor Meyera E. Oberndorf atid Naticy K. Parker April 5, 1994 - 5 - FORMAL SESION WRGINL4 BEACH CITY COUNCIL April 5, 1994 2:00 P.M. Vice Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City IIall Building, oti luesday, April 5, 1994, at 2:00 P.M. Council Members Present: John A. Baum, Liiiwood 0. Branch, III, James W. Brazier, Jr., I?obert W Clyburn, Robert K Dean, Louis I?. Joiies, Iaul J. Latileigne, John D. Mo.vs, Nancy K. Iarker and Vice Mavor Willi(itit I) Sessoms, Jr. Council Members Abseiit: Mayor Meyera P,. Oberndorf [I)Ul@, 1-0 INVOCATION.- Reverend Jay I,@. Ashby Hermitage United Methodist Cliurcli PLEDGE OF I CE F G OF THE -C ITED TATES ERIC April 5, 1994 6 e CER TIFICA TION OF EXECUT@ SESSION ITEM # 37869 Upon motion by Councilman Moss, secorided by Couticil l,ady l@arker, City Council CERTIFIED THE EXECUT@ SESSION TO BE IN ACCORDANCE WITH 7HE MOTION TO RECESS. Otily public busitiess matters lawfully eml)ted from Opeli Veetitig requirements by Virgiiiia law were discu.V-Y(,d ill 1-@ecutive .@ession to which this certification resolutiori apl)li(',Yl AND, Only such public- busiiiess matters as wc,rc i(leiitzfied ill tllc moti()tl convening the F@ecutive Sessiot, were hear(l, di,,(uysed or considered by rzrgirtia Beach (,ity CouiiciL Voting: 10-0 Council Members Votifig Aye: John A. Baum, Linwood 0. Brarich, Ill, J(jmes W. Brazier, Jr., Robert W. Clyburti, Robert K Dean, Louis R, Jc)jies, I'aul J. Lailleigne, Jolin D. Moss, Nancy K. I'arker aiid Vice May(,r Williatti 1). ';essom,%, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera I,,'. OI)e"tdorf April 5, 1994 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CII'Y ('OUNCIL WHEREAS: The Virginia Beach City Coulicil coiiveiled iiito EXECUTIVE SESSION, pursuant to thc affirmative vote recorded iii ITEM # 37868, Page No. 4, aiid in accordance with the provisions of The Virginia Freedom of Inforniation Act@ alid, WHEREAS: Section 2.1-344. of the Code of Virgiiiia requires a certification by the goveming body that such Executive Session was Coiiductcd ill coliformitv with Virginia law. NOW, THEREFORE, BE IT RESOLVED: 'rliat tlie Virgiiiia Beach City Council hereby certifies that, to the best ()f each member's kiiowledge, (a) oiily public business matters lawfully exempted from Open Meetiiig requiremeiits by Virginia law were discussed in Executive Session to which this certification resolutioii applies- aiid, (b) oiily such public business matters as were identificd in the motion conveiiiiig this Elecuti%,c Sessioii werc heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Sni7ith, CMC/AAE City Clerk April 5, 1994 7 MINUTES ITEM # 37870 Upon motion by Councilman Clyburti, secorided by Couiicil Latly ]'arker, City Council APPROVED the Minut- of the INFORMAL AND FORMAL SESSIONS (,f March 22, 1994, as corrected. ITEM # 37853, Page 43 The MOTION way madt@ by Countiltnait NOT (.ou@icilmail Jottes. Upoii motioii by nm l,a)i (,'ity Coulicil TABLED.- Resolution endorsiiig the (;eiieral Assembly',y pi-o@,ide fuiiditig for needed Route 44 improvements out of priniary road funds' replaccment of road improvemerit iri the State's six-year ('IP; suj)porting the administrative rentoval of tolls fr(@m Virgiiiia Route 44 iii c(,tijuncti()n with the funditig of road inzprovemetit projects, Ull(i the TK4NSFER ()f $500,000 per year from ilie State l'olic-c for pcitrols oii Route 44 to funding of these improvements whilt- still niciiiit@iiiiiii,@ su(-h patrols. (Spotisored by (ou,it'il Members Jarnes IV. J,-. U)ld Iaul J. Lanteigtic,) Voting: 10-0 Council Members Votirig Aye: John A. Baum, Litiwood 0. Bralich, III, James W. Bi-u iei-, Jr., Robert W. Clyburti, Robert K Dean, Louis R. Joites, I'aul J. l,aliteigile, Johil D. Moss, Nancy K I'arker atid Vice May(ir Williain I). ,;ess(,Ms, Jr. Council Members Voting Nay: Non e Council Members Absent: Mayor Meyera l@@. Oberitdorf April 5, 1994 8 CITY @AGER'S PPESENTA TION ITEM # 37871 BOND SALE PESULTS (March 29,1994) Patricia Phillips, Director of 1,@inance, advised oii March 29, 1994, the Cily of Virginia Beach sold $78,090,000 in General Obligation Public Iittprovei?zeiit and Refuiiding Bonds. 7he refunding Portion of the sale was only $8,520,000, substantially less than was posyible one month earlier. 7he true interest cost (TIC) was 5.53801., or 45 basic poirits below the Botid Buyer Itidex. Total savings were $765,756 over the next 11 years, averagitig $69,000 annually, or less fliati I t?zil on the tax rate. Mrs. Phillips displayed graphs dcpic-tirig: TI('s of All Public Debt Issuatice Siiice 1990 TICs of General Obligatioii Boizds Silice 1990 General Obligation Boiid TICs Cotripared To Botid Briyer 11-Bond Index Said graphics are hereby made a part of the recor(l. George Pugh, Sr. Vice Presideitt - Craigie, Iiicorl@orated, @eiii,,r UiiderK,riters of the Bond Sale referenced the PRICING MEMORANDUM, wl?ich was distribuicti to (-'ity (:ouncil and is hereby made a part of the record. Mr. 11/2gh advived tllc Allotl?zet7t of Boizdv @,,ith clistributioii statistics for each of the firms comprising the Underwritiizg Group: Senior Manager Craigie Incorporated Co-Senior Mallager PaineWebber litcorporated Co-Managen Merrill Lytich & Coi?ipany Scott & Stritigftllow, Itic. Wheat, First Sectirities, litc. Selling Group Anet?tiv Capital Grotip, litc. Braitch, Cabell & Co. Crestar Balik Davenport & Co. of Ii-rginia Natiotisbanc Capital Market, Itic. W. R. Lazard Laidlaw & Mead Incorporated Williaiii E. Sil?ioti & Soits The lastpage of this PRICING MEMOP-4NDUM rtfl,,ctiiig (,'oiiiparable Yields: $78,090,000 - City of rirginia Beach - AalAA Negt)fiated,- $61,500,000 -,@tate of Nct,ada IAIAA Competitive; $150,000,000 - City & County of Ilonolulu - Aallbl N(,,gotiated,- $41,390,000 llcfirico C(@unty - AIIAA Negotiated. Mr. Craigie distributed two charfs illustratitig the triarket tliiy itioriiiii,@, luesday, April 5, 1994. Cotriparison of Reofferilig Yields $78,090,000 - (,@ity of Tirgitzia Beach - lialAA Negotiated $114,955,000 llirgiiiia Public School 4t4thority .-Ial,4A C@oiiipetitive Yields of Tite Boiid Bityer 40 April 5, 1994 9 CONSENT AGENDA I7EM # 37872 UPon -otion by Councilman Moss, seconded by C()ullcilmall Jolies, City Coulicil APPROVED in ONE MOTION, Items 1, 2 and 3 of the CONSENT AGENDA. Voting: 10-0 COuncil Members Voting Aye: John A. Baum, LinwOOd 0. Branch, III, Jaine, W. l@razier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigiie, Jol7)1 D. M(,.Ys, Vaiicv K Parker and rice Mayor William D. Sessonts, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Obe"i(lorl April 5, 1994 10 - CONSENT AGENDA ITEM # 37873 UPOn mOtiOn by Councilman Moss, Yecorided by Coulicilmall Joiles, City Cou,icil ADOPTED: Ordinances to authorle acquisition of property iii fee simple for cotistruction of Sewer and -ter projects, including lemporary aiid periti,it(,,tt (-asctn(,,itv, /)y, agreement ()r condemnation, in the f()Ilowitig iieigliborlzoo(IY. Indiali River Ro dll,,Ibow I?oad (CII' 0-02 a 2) BOROU(H) Itidiatt River Roadlllillcresi (CIII 6-007) BOROU(;Il) Indian River Road,@outh (CII' 6-023) (KEMI@@VIIl@E BOI?Oti(,'Il) Old 1riticess Aitie Road (CIII 6-001) (Kf@MI@@VII@Ll@' IIOI?OU(;Ij) Salem Road 'A " (Cll' 6- 024) BOROU(;Il) Stumpy Lake Laile (CII' 6-052) (KPMISVIIII, BOI?OU(,'Il) Witchduck Poiiit (CII' 5-05316-026) (IIIIY,@lj)E BOROU(;Il) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W, Braziei, lr., I?obert W (,@lyburn, Robert K Dean, Louis R. Jones, I'aul J. Laiiteigiie, J(Ihll 1) A4,),ss, ,Vaii@y K. I'arker and ;-,c, Mayor William D. @esso,7,s, Council Members Voting Nay: Noti c Council Members Abseiit: Mayor Meyera F. Obenidorf April 5, 1994 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER ROADIELBOW 4 ROAD (C.I.P. 6-022) AND THE 5 ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS EITHER BY 7 AGREEMENT OR CONDEMNATION 8 WHEREAS, in the opinion of the Council of the City 9 of Virginia Beach, Virginia, a public necessity exists for the 10 construction of the sewer project to abate pollution of the Stumpy 11 Lake reservoir, a domestic water supply, and for other publi, 12 purposes for the preservation of the safety, health, peace, good 13 order, comfort, convenience, and for the welfare of the people in 14 the City of Virginia Beach: 15 NOW, THEREFORE, BE IT ORD@INED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 Section 1. That the City Council authorizes the 18 acquisition by purchase or condemnation pursuant to Sections 15.1- 19 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seg., Code 20 of Virginia of 1950, as amended, all that certain real property in 21 fee simple, including temporary and permanent easements as shown On 22 the plans entitled -'INDIAN RIVER ROAD/ELBOW ROAD (C.I.P. 6-022),,- 23 these plans being on file in the office of Real E,tat, Department 24 of Public Works, Virginia Beach, Virginia. 25 Section 2. That the City Manaqer is hereby 26 authorized to make or cause to be made on behalf of the City of 27 Virginia Beach, to the extent that funds are available, a 28 reasonable offer to the owners or persons having an interest in 29 said lands. If refused, the City Attorney is hereby authorized to 30 institute proceedings to condemn said property. 31 Adopted by the Council of the City of Virginia 32 Beach, Virginia, on the 5 day of AI)ri 1 33 CA-5439 - 1994. 34 NONCODE\CA5439.ORD 35 R-1 A DEPARTMENT VED AS c, 7@ @ITY@AT vy4floo Ro ,I PENHfl.SE ARCH 3 BRI 1191;sl & Rec cle Maint VHISPER Nooos c I @RIOGE ECT ARE y Bl(; OAK sAt Ll CATION TE CT L[ @'EPP[RfLL DR INDIAN RIVER ROAD/ELBOW ROAD C.I.P. 6-022 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER 4 ROAD/HILLCREST (C.I.P. 6-007) AND 5 THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS EITHER BY 7 AGREEMENT OR CONDEMNATION 8 WHEREAS, in the opinion of the Council of the City 9 of Virginia Beach, Virginia, a public necessity exists for the 10 construction of the sewer project to replace failing septic 11 systems, to abate pollution in the Gum Swamp and North Landing 12 River and for other public purposes for the preservation of the 13 safety, health, peace, good order, comfort, convenience, and for 14 the welfare of the people in the City of Virginia Beach: 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 Section 1. That the City council authorizes the 18 acquisition by purchase or condemnation pursuant to Sections 15.1- 19 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et secr., Code 20 of Virginia of 1950, as amended, all that certain real property in 21 fee simple, including temporary and permanent easements as shown on 22 the plans entitled "INDIAN RIVER ROAD/HILLCREST (C.I.P. 6-007),-' 23 these plans being on file in the Office of Real Estate Department 24 of Public Works, Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby 26 authorized to make or cause to be made on behalf of the City of 27 Virginia Beach, to the extent that funds are available, a 28 reasonable offer to the owners or persons having an interest in 29 said lands. If refused, the City Attorney is hereby authorized to 30 institute proceedings to condemn said property. 31 Adopted by the Council of the City of Virginia 32 Beach, Virginia, on the 5 day of April 1994. 33 CA-5440 34 NONCODE\CA5440.ORD 35 R-1 APPROVET) SZTNATU ENT APPOVED AS O@EGA opic@c@ p -61@Y ATTORN Y- 7 PROJECT AREA ION INDIAN RIVER ROAD/HILLCREST C.I.P. 6-007 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER ROAD SOUTH 4 (C.I.P. 6-023) AND THE ACQUISITION 5 OF TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of this sewer project to replace failing septic 10 systems, abate pollution in the North Landing River, and for other 11 public purposes for the preservation of the safety, health, peace, 12 good order, comfort, convenience, and for the welfare of the people 13 in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 e-t s .1 Code sec[ 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "INDIAN RIVER ROAD SOUTH (C.I.P. 6-023)," these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the city of Virginia 31 Beach, Virginia, on the 5 day of AI)ril 1994. 32 CA-5441 33 NONCODE\CA5441.ORD APPROV -@ONTENTS R-1 SIONATURE DEPARTMENT APPROVED AS TO LEGA@ SIW I-c @CITY -ATTORNLPIY-/ LA 0 CT PROJECT AREA LOCATION INDIAN RIVER ROAD S C.I.P. 6-023 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR OLD PRINCESS ANNE ROAD 4 (C.I.P. 6-001) AND THE ACQUISITION 5 vF TEMPORARY AND PER14ANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of this sewer project to provide sewer service along 10 Old Princess Anne Road, and for other public purposes for the 11 preservation of the safety, health, peace, good order, comfort, 12 convenience, and for the welfare of the people in the City of 13 virqinia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "OLD PRINCESS ANNE ROAD (C.I.P. 6-001)," these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, , 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the City of Virginia 31 Beach, Virginia, on the 5 day of @1)) 32 CA-5515 1994. 33 NONCODE\CA5515.ORD 34 R-1 D AS TO CONTENTS ,c SIGNATURE AP@OVED AS TO LEGAly'- (4 PROJECT AREA M CT VOOD LOCATION ORTH ;IGHRI IARKANS ADDL 2 ALASKA 5moosj 3 ARLZONJ 6 STONJ 41, Run LD PRINCESS ANNE ROAD C.I.P. 6.001 t IVYWOOD Ra PENROSE AREM N 3 RPIARBUSH LA Oog$R,DGE s & Rec cle Maint )ARM 7- fRo n E S 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR SALEM ROAD "Al, (C.I.P. 6- 4 024) AND THE ACQUISITION OF 5 TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of the sewer project to replace failing septic systems 10 and prevent health hazards, to abate pollution in the North Landing 11 River, and for other public purposes for the preservation of the 12 safety, health, peace, good order, comfort, convenience, and for 13 the welfare of the people in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et sea., 15.1-898, 15.1-899, and Title 25-46.1 et secr., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitied '-SALEM ROAD "Al- (C.I.P. 6-024)," these plans 22 beinq on file in the Office of Real Estate Department of Public 23 Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the City of Virginia 31 Beach, Virginia, on the 5 day of AI)rj I 1994. 32 CA-5442 33 NONCODE\CA5442.ORD 34 R-1 APPR SIGNAI DEPARTXENT APR80VED AS I IVYWOOD Ra 2 PENROSE ARCH USH LA Rec Maint o.q ..t ROJECT LOCATION OCK RONS SALEM ROAD "A" C.I.P. 6-024 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR STUMPY LAKE LANE (C.I.P. 4 6-052) AND THE ACQUISITION OF 5 TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of this sewer project to replace septic systems in 10 this area of poorly drained soils, and for other public purposes 11 for the preservation of the safety, health, peace, good order, 12 comfort, convenience, and for the welfare of the people in the City 13 of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et sea., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "STUMPY LAKE LANE (C.I.P. 6-052)," these plans 22 being on file in the Office of Real Estate Department of Public 23 Works, Virginia Beach, Virginia. 24 Section 2. That the city Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the City of Virginia 31 Beach, Virginia, on the day of Apri 1 32 CA-5443 1994. 33 NONCODE\CA5443.ORD 34 R-1 APPROVED ?,S 'SRGNA ENT APPROVED AS TO LEGA ORIcBY,- Parxs 'Ro ant For ES IGGEFOR CT AU IT @NORT@Y OR Ti F CT @enwoo PROJECT Al EA LOCATIOI Stumpy Lake GC City of Noi STUMPY LAKE LANE C.I.P. 6-052 OR OJECT AREA LOCA ii epen nceJHS CALVER; N CT Fh c ITCHDUCK POINT I.P. 5-053 / 6-026 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR WITCHDUCK POINT (C.I.P. 4 5-053/6-026) AND THE ACQUISITION OF 5 TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of the sewer project to replace failing septic 10 systems, prevent potential pollution to the area, and for other 11 public purposes for the preservation of the safety, health, peace, 12 good order, comfort, convenience, and for the welfare of the people 13 in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et sea., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "WITCHDUCK POINT (C.I.P. 5-053/6-026)," these 22 plans being on file in the office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the city of Virginia 31 Beach, Virginia, on the 5 day of April 1994. 32 CA-5437 33 NONCODE\CA5437.ORD 34 R-1 APPR07D Y SIGRA DEPARTMENT AP ,AROVED AS Rwricl;ncy CITY AT' CONSENT AGENDA ITEM 37874 Upon motion by Councilman M()ss, seconded by Couiiciltn(ill Jolies, City ('ouncil ADOPTED: Ordinance to ACCEPT and APPROPRL4TE $81,000 from the U.S. Department Of Housing and Urbart Development (HUI)) to the Dcparittit@ill of Ifousiiig and Neighborhood Preservation re honteless assistatice activities; ititreu.%(, 1,@e(leral reveliucs accordingly; and, authorize the City Vaitager to cxecule tlle Voting: 10-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Brarich, III, James W. lirazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Lariteigiie, Joliii D. M(,ss, Nati(-y K Iarker and rice Mayor William D. Sessot7is, Jr. Council Members Voting Nay: Non e Council Members Absent: Mayor Meyera F. Obertidorf April 5, 1994 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $81,000 2 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN 3 DEVELOPMENT TO THE DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION FOR HOMELESS 5 ASSISTANCE ACTIVITIES AND TO AUTHORIZE THE 6 CITY MANAGER TO EXECUTE AGREEMENTS REGARDING 7 SUCH FUNDS. 8 WHEREAS, the Stewart B. McKinney Homeless Assistance Act 9 provides funds for homeless activities; and 10 WHEREAS, the U. S. Department of Housing and Urban 11 Development has notified the City that Emergency Shelter Grant 12 funds under this Act in the amount of $81,000 have been authorized 13 for the City in the current fiscal year; and 14 WHEREAS, the Department of Housing and Neighborhood 15 Preservation in consultation with the Department of Social 16 Services, has developed proposals for the use of such funds. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA: 19 (1) That Emergency Shelter Grant funds in the amount of 20 $81,000 from the U. S. Department of Housing and Urban Development 21 are hereby accepted, and appropriated to the Department of Housing 22 and Neighborhood Preservation, for homeless assistance activities; 23 (2) That estimated revenues from the Federal government 24 are hereby increased by $81,000; 25 (3) That the City Manager is hereby authorized to 26 execute a Grant Agreement with the U. S. Department of Housing and 27 Urban Development accepting such funds and to execute agreements 28 including the granting of funds to non-profit agencies for the 29 carrying out of homeless assistance activities; and 30 (4) That the City of Virginia Beach hereby agrees to 31 comply with all requirements of the Grant Agreement and regulations 32 of the U. S. Department of Housing and Urban Development regarding 33 such funds. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia on the day of April 1994. 36 CA-5534 37 \ORDIN\NONCODE\HUD81K.ORD 38 R-2 39 PREPARED: 03/25/94 12 - CONSENT AGENDA ITEM # 37875 Upon motion by Councilmart Moss, secoiide(i t)Y Coulici1tti(ill Jolies, C'it) (,ouiicil ADOPTED: Ordinance authorizitig tax refunds iii the amou@it ()f $2,771.29 afid ul)on application of certain persons and upon certificatioll of the City Treasurtr for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood (). Braiich, III, James W Bi-aziei,, Jr, Robert W Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Laiiteigiie, J()Iiii 1). M(,s5, Naiicy K. I'arker and Vice Mayor grilliam D. Sessoms, Jr. Council Members Votirig Nay: None Council Members Absent: Mayor Meyera E. Oberiidorf April 5, 1994 @0. C.-@ 7 3/ 18/ 94 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Ta. Type Ticket Exonera- D3tde Penalty lnt. Total Ye.r o( Tax Nu@ber ti.n No. p.i Norfolk Southern Railway 94 PS RE 16 12/5/93 399.00 Herman Jr & Dawson Charity 94 RE(1/2) 20408-3 12/3/93 14.@15 Herman Jr & Dawson Charity 94 RE(1/2) 20409-2 12/3/93 14.25 Herman Jr & Dawson Charity 94 RE(1/2) 20407-4 12/3/93 14.25 Fort Knox Federal Credit 93 RE(2/2) 43827-9 5/25/93 4.46 F( Knox Federal Credit 94 RE(1/2) 39085-3 12/5/93 18.47 Nationsbank Mortgage Corp 94 RE(1/2) 19111-3 12/1/93 570.00 Trans@orld Mortgage Corp 94 RE(1/2) 107066-1 12/5/93 22.80 Richard N & Carolyn Coe 94 RE(2/2) 22490-8 12/5/93 142.28 )e Henry Racquet Club 94 RE(1/2) 18057-1 12/2/93 773.77 iumbia First Federal S&L 94 RE(1/2) 75920-6 12/5/93 121.52 Margaretten & Company 93 RE(1/2) 36709-6 11/24/92 77.88 Margaretten & Company 93 RE(2/2) 36709-6 5/29/93 77.88 Shuttleworth, Ruloff etal 9@, RE(1/2) 82788-5 10,116/91 520.48 Total 2,771.29 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,771 .2 9 were approved by the Council of the City of Virginia Beach on the 5 _ day of April, 1-9.94 - Ap roved as to forrr: Ruth Hoc:ges Sm,th City Clerk 13 UNFINISHED BUSINESS ITEM # 37876 SOUTHERN PL4NIRURAL AREA PRESERVATION Concerning the SOUTHERN PL,4NIRURAL APEA PRESERVATION, C()ullcilman Baum requested information relative the requiremeiits for iiidividual lots alread) platt,(L 'f@lie (,'ity (ioes not require enough of the individual properly owner, particularly the draiiiage ditch(,s are iiot moved over and the road is not widened. The ten foot additional easemeiii does itot ittipr,)ve aiiyfhiitg. Colistructing a ditch is not expensive. Interim actions migl7f have to be approved prioi- to the I(Ioptiott of the Revised Ordinance. Councibnan Baum ititerids to be conservative particularly with regardv to stripping out roads. Councilman Baum will vote against lots right against the road. Lo(,atioii muyt be coftsidered and whether or not farm land is being preserved. Couiiciltnaii liaum cited the of Baill?Z Road. Councilman Baum requested a Briefing. Councilmart Branch wished this plati be examiried i)i a tiior,- c(,tiipi@eh(,iisive ttiaiirter with perhaps an agriculture policy, the outdoor plaii and workilig with the 77ie City Manager shall provicle a Bl?ll,,@FIN(; re ilie Southerti PlatilRiiral Area Preservation Plan between Mid May apid the first of Iuiit,,. April 5, 1994 - 14 -- III-1.2. UNFINISHED BUSINESS ITEM # 37877 Councilman Dean referenced the use of canipaign signs iti the public riglil-(@f-way and medians as well as on City owned property. Councilman Dean requested the City Manager have the Zoning Staff and Utility Workers remove the signs that are in violatioii of the law. April 5, 1994 15 - NEW BUSINESS ITEM # 37878 COUNCIL-SPONSORED ITEMS Upon motion by Councilman Lanteigne, seconded by Councilman Clyburn, City Council ADOPTED, AS REI,7SED: Resolution to urge the U ;. Cotigress to ettact Anti-Crii?ze Legislation tllat includes both law enforcement and crime prevetitioti pr(@ra s. (Sponsored by Mayor Meyera OI)el-iidorf) Ihe following verbiage, lines 38 to 46 were itiserted ott page 2. "BE IT FURTHER RESOL@I): That the City Council of the City of flirgittia Beach supports the efforts of Governor Allen and the rirgirtia General Assembly to provide substaillive measures to make our Cotnmonwealth a safe place. I'hese measurcs iriclude, but are riot limited to, abolishing parole, utiliziiig alteriiatives to iticarceration for noti-vi()Ient offenders, prOViding for truth in setitencitig, aridpurvuing aii effective aiiii-drug policy that attaclcs, both the supply side and the demaiid side of flie proble.7i, Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0 I@ranch, III, James W. Brazier. Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Naticy K. Parker and P-ice Mayor William D. @esvoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberiidorf April 5, 1994 I A RESOLUTION URGING THE U. S. CONGRESS 2 TO ENACT ANTI-CRIME LEGISLATION 3 WHEREAS, America's communities and fa,ilies are scarred by 4 increasing numbers of violent crimes; a,d 5 WHEREAS, the level of violence associated with criminal acts 6 is increasing; and 7 WHEREAS, no community or family is untouched by incidents of 8 crime or the fear of being victimized by crime; and 9 WHEREAS, reductions in crime and in the fear of crime will 10 require enactment of meaningful national anti-crime legislation as 11 well as work by local communities and state governments to develop 12 and itnplement long-term solutions that deal with both the causes 13 and effects of crime; and 14 WHEREAS, the National League of Cities has declared the 15 implementation of short and long-term solutions to stop crime and 16 violence in our cities and towns as its concern of highest priority 17 for 1994; and 18 WHEREAS, the critical nature of the problem demands an end t, 19 Congressional gridlock; and 20 WHEREAS, achieving an early partnership to reduce crime will 21 require immediate action by the Congress. 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That Council urgently calls upon the Congress to enact anti- 25 crime legislation without delay in order that the resources and 26 programs which such legislation will provide can be utilized on a 27 timely basis to deal with this critical problem. 28 BE IT FURTHER RESOLVED: 29 That such anti-crime legislation should include: 30 A balanced approach that includes both law enforcement 31 and crime prevention programs. 32 Direct block qrant anti-crime funds to cities and towns 3 3 with maximum flexibility allowed in the use of those 34 funds. 35 Creation of a federal anti-crime trust fund financed by 36 dedicated revenues derived from licensing fees levied on 37 weapons, ammunition and weapons dealers. 38 BE IT FURTHER RESOLVED: 39 That the City Council of the City of Virginia Beach supports 40 the efforts of Governor Allen and the Virginia General Assembly to 41 provide substantive measures to make our Commonwealth a safe place. 42 These measures include, but are not limited to, abolishing parole, 43 utilizing alternatives to incarceration for non-violent offenders, 44 providing for truth in sentencing, and pursuing an effective anti- 45 drug policy that attacks both the supply side and the demand side 46 of the problem. 47 BE IT FURTHER RESOLVED: 48 That the City of Virginia Beach rededicates itself to crime 49 prevention and suppression and calls upon all of our citizens to 50 assist in these efforts. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the 5 day of April 1994. 53 CA-5545 54 NONCODE\CRIME.RES 55 R-2 56 April 5, 1994 2 - 16 - III-J.I.b. NEW BUSINESS ITEM # 37879 COUNCIL-SPONSORED ITEMS 7he following spoke in SUPPORT of the Resolution: Judith K Connors, 3958 Kispering Oaks Place, Phorie: 464-3640, spoke in behalf of Diana McLemore, President - Ocean Park Civic l,eague. Correspondence of Diaria McLemore is hereby made a part of the record. William F Hardaway, 3658 Seagluff Bluff Drive, Phorie: 460-2651, represented the Ocean Park Civic League. Copy of denial of ABC License offormer occupaitt "Iii 7he Black, Itic. " (Lovely Ladies) is hereby made a part of the record. 77ie following spoke in OPPOSITION to the Resolutioit: Attorney Troy Spencer, 201 Pluine Street, Ilione: 622-3317, re,[,reselited the applicant Jim Otley, 3656 Shore Drive, I'holie: 460-0456, the applicarit Aleta Otley, 3656 Shore Drive, Phone: 460-0456, the applicant Hugh Wood, 2316 Madison Avetlue, I'hone. 460-9306 Upon motion by Councilman Joiies, seconded by C()uitt-ilmati Mosv, (:ity (,'ouiicil ADOPTED: Resolution to support ihe Ocean Park Civic League's request to the Alcoholic Beverages Control Board (ABC) that restrictions be attached to art ABC Licenve for JAPO, INC. tla Positive Vibes. (Sponsored I)y Councilman Louis R. Joll(@s). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W, Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Obertidorf April 5, 1994 Requested By: Councilmember Louis R. Jones I A RESOLUTION TO SUPPORT THE OCEAN PARK 2 CIVIC LEAGUE IN ITS REQUEST TO THE ABC 3 BOARD THAT RESTRICTIONS BE ATTACHED TO AN 4 ABC LICENSE FOR JAPO, INC. T/A POSITIVE 5 VIBES 6 WHEREAS, the City of Virginia Beach, through its 7 elected representatives and professional staff, and through the 8 civic organizations representing City residents, strives to ensure 9 that our municipality is a wholesome planned community, attractive 10 to residents and visitors; 11 WHEREAS, an essential element of sound community 12 planning is the regulation of commercial entertainment, including 13 the exclusion of activities which are not compatible with 14 surrounding residential neighborhoods; 15 WHEREAS, JAPO, Inc., proprietor of the premises 16 located at 3656 Shore Drive, doing business as Positive Vibes, 17 adjacent to the residential community of Ocean Park, has applied to 18 the Alcoholic Beverages Control Board for an on-premises license to 19 sell beer and wine; 20 WHEREAS, the Ocean Park Civic League has asserted 21 that unless restrictions on the use of the premises are applied, 22 such an establishment may constitute a nuisance and may 23 substantially detract from the quality of life enjoyed by families 24 in the adjacent residential neighborhoods; 25 WHEREAS, the Ocean Park Civic League has requested 26 the Alcoholic Beverages Control Board, to place certain 27 restrictions on the ABC license for the premises. 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 That the Council affirms its support of the ocean 31 Park Civic League's request to the Alcoholic Beverages Control 32 Board that the ABC license for JAPO, Inc., t/a Positive Vibes at 33 3656 Shore Drive, in the City of Virginia Beach, adjacent to the 3 4 residential cornlnunity Of Ollan Park, contain restrictions as 35 follows: 36 1. No entertainrnent, dancing, including, but not 37 lirnited to go-go type dancing, disc jockey music, live music, live 38 entertainment. The only music allowable in the establishment 39 should be soft background music for the dining pleasure of patrons. 40 Further, there would be no amplification of said Music beyond 41 normal conversational levels. 42 2. The operator shall cease the sale of any and all 43 alcoholic beverages at 12:00 midnight. 44 3. Employees shall not be scantily clad or wear 45 suggestive clothing. 46 4. That if any other products are promoted for sale 47 on the premises as a result of the re,taurant operation, those 48 items WoUld be tasteful in nature and not contain any offensive, 49 suggestive or foul language or gestures. 50 5. There shall be no pinball games, billiard games, 51 or any other type of electronic qames, save and except a d,,t 52 board. 53 Adopted by the Council of the City of Virginia 54 Beach, Virginia, on the 5 day of April 1994. 55 CA-5546 56 ORDIN\NONCODE\CA5546.RES 57 R-12 58 PREPARED: 3/30/94 1- ii - " i 1 -1 i ir I I l@ " @ I I "WORLD'S LARGEST RESORT CITY" (@ll Y C@OtN(',Il@ ..IIIT Illlll.N@ 1- --l' CITY COUNCIL AGENDA APRIL 5, 1994 CITY COUNCIL WORKSHOP - council Chamber - 9:00 AM A. FY 1994-1995 OPERATING BUDGET / CAPITAL IMPROVEMENT PROGRAM E. Dean Block, Director of Management and Budget INFORMAL SESSION Council Chamber - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ill. FORMAL SESSION Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor meyera E. Oberndor, B. INVOCATION: Reverend Jay F. Ashby Heritage United Methodist church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1 . INFORMAL & FORMAL SESSIONS - March 22, 1994 G. CITY MANAGER'S PRESENTATION BOND SALE RESULTS (march 29, 1994) Patricia Phillips, Director of Finance H. CONSENT AGENDA All mafters listed unde, th, Consent Agenda are -nsidered in the ordinary course of business by City Council and will be enacted by on, motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon Separately. Ordinances to authori,e acquisition of property in fee simple for construction of sewer and water projects, including temporary and permanent easements, by agreement or condemnation, in the following neighborhoods: a. Indian River Road/Elbow Road (CIP 6-022) (KEMPSVILLE BOROUGH) b. Indian River Road/Hillcrest (CIP 6-007) (KEMPSVILLE BOROUGH) C. Indian River Road South (CIP 6-023) IKEMPSVILLE BOROUGH) d. Old Princess Anne Road (CIP 6-001) (KEMPSVILLE BOROUGH e. Salem Road "A" (CIP 6-024) (KEMPSVILLE BOROUGH) f. Stumpy Lake Lane (CIP 6-052) (KEMPSVILLE BORou'GH) 9. Witchduck Point (Cl@ 5-053/6-026) (BAYSIDE BOROUGH) and Urban Development (HUD) to the Depart e from the U.S. Department of Housing 2. Ordinance to ACCEPT and APPROPRIATE $8 1,000 m nt of Housing and Neighborhood Preservation re homeless assistance a,tivities; j*ncrease Federal revenues accordingly; and, authorize the City Manager to execute the necessary agreements. 3. Ordinance to authorize tax refunds in the amount of $2,771.29. UNFINISHED BUSINESS 1. Southem Plan/Rural Area Preservation Discussion: Interim Measures (Sponsored by Councilman John A. Saum) J. NEW BUSINESS COUNCIL-SPONSORED ITEMS: a. Resolution to urge the U. S. Congress to enact Anti-Crime Legislation that includes both law enforcement and crime prevention programs. (Sponsored by Mayor Meyera E. Oberndo@ b. Resolution to support the Ocean Park Civic League's request to the Alcoholic Beverages Control Board (ABC) that restrictions be attached to an ABC License for JAPO, INC. t/a Positive Vibes. (Sponsored by Councilman Louis R. Jones) C. Request to SCHEDULE RECONSIDERATION of the Application of McDONALD's CORPORATION for a nue from e North side of East of James Madison Boulevar , containing 38,41@ ANNE BOROUGH). (Sponsorec by Councilman Ja K. ADJOURNMENT SCHEDULE TO REVIEW PROPOSED FY 1994-1995 OPERATING BUDGET/CIP Workshop: Budget April 12 10AM-Noon CIP Tuesday 5PM-7PM Public Hrng: Budget April 13* 7PM-8PM Special Formal Session CIP Wednesday 8PM-9PM Princess Anne High School Workshop: Budget April 19 9AM-11AM Special Workshop CIP Tuesday l1AM- iPM City Council Chamber Workshop: Budget April 26 Noon- 2PM CIP Tuesday 2PM- 4PM Public Hrng: Budget April 26 6PM- 7PM Regular Council Session CIP Tuesday 7PM- 8PM City Council Chamber Reconciliation May 5 Noon- 2PM City Council Chamber Workshop: Budget Thursday 2PM- 4PM & CIP Appropriation Ordncs: May 10 Budget & CIP Tuesday 2PM City Council Chamber April 14 changed to April 13 at Princess Anne High School COUNCILMANIC ELECTIONS TUESDAY MAY 3,1994 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 3/31/94bap AGENDA\4-5-94.ITM M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Vlrginia April 5, 1994 Mayor Meyera E@. Oberndorf callcd to ordcr Ilic CITY COUNCIL IVORKSHOP RE FY 1994-1995 OPERATING BUDGET / C4pITAL IMPROIIEMENT PROGRAM ()f 1/te IIIRGINL4 BEACH CITY COUNCIL in the Council Clianiber, City Ilall Buildiiig, oii luesda), lipril 5. 1994, at 9:00 A.M. Council Members Preselit: Robert W. Clyburii, I?obert K. Dea,t, I'Uul J Laiitcigilc aild Mayor Meyera E. Obe"idorf Coun Members Absclit: Johis A. Bawn JENIL-IU,[): 9:50A.M.IDEVTIS'TAP]IOIArTMEAITI Linwood 0. Bratich, III [L,-Ar]Eiu,'D: 9:15 A.M.] Jame,s W. Brazier, Jr. JEN7ERED: ll:Oo A.m.1 Louis iZ Joncs [L-'jvlEltLD: 9:10,1.M.] John D. Moss [Eff]ERED: 12:12 l@M.] Nancy K Ilarker IL-N7L]U,D: 9:11 A.M.] Vice Mayor Willia,7i D, Scssottis. Jr. IL)v7@EIU;@D: 11:00 A.M.] ;'Ice MaY- Se-otm, beitig a Corporate Officer of Ccittral f-idelity Balik disclosed there were no matters on the agenda in which he has a '@rsotial iiilcrcst" as deftiied iii the Act, either individually or iii his capacity as aii officer of Ceiitral i"idelity Batil@, Tije rice Ma)-or regularly file, this Disclosure with the CitY Clerk as he may or may not kiiow of flic Ilatik's ijitcrest ili titt)'a])Plicatioll tllat "lay cottic before City Council. Vice Mayor Sessons' letter of Il@ril 5, 1994. is lierel)), illu(ie 4i i,art of flic rccord. @it@ -C-4f @il7g4ii-ii" @ILLIAM D SESSO.S@ JR GRE'@I.EE ARCH 'ICE AYOR II.GINIA BEACI, @I.GINIA .1@l @13 April 5, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Conffict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, 1 have thoroughly reviewed the agenda for the April 5, 1994, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individuauy or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfwly request that you record diis letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, William D. Sessoms, Jr. Vice-Mayor WDS,Jr./dmc - 2 - ITEM # 37866 City Council RECESSED at 10:28 A.M. to attend llie sigriijig /)v (,oi,critoi- Alleii of ati Agreement for the City@ purchase of Camp Pendleton as referenced ill SB 449. Building No. 427 Cotifereiice Center Canip Petidletoii April 5, 1994 - 3 - IIF,M # @?7867 Vice Mayor William D. @5essams, Jr., called to ordcr 1/7e INFORMAL SESSION of the v7RGINL4 BEACH CITY COUNCIL it, th, C ...... ii Chamber, City liall Building, on 7uesday, April 5, 1994, at 12:10 P.M. Council Members 1'resent: John A. Baum, l,itiwood 0. I@ru)icl?, III, I?ob,,rt Vyburit, l,ouis Jories, Johii D. .4losv and Vice Mayor Williatti 1). Jr. Council Members Absent: fames W. Brazier, Jr., I?obert K. Dcaii, I'(iul,l. li(ifiteigiie, Alayor M(,vera E. Oberndorf aiid Naiicy K Iarker (Mayor Oberridoif we;it home ill) April 5, 1994 - 4 - ITEM # 37868 Vlce Mayor William D. Sessoms, Jr., entertained a motio,i to permit City Council to conduct its EXECUTIVE SESSION, pursuant to 5ectioii 2.1-344, (,@ode of Vi@iZinia, as cimended, for the following purpose: P@CLY-HELD PROPERTY.- Discussioii or c,onsideratioii of the cotidition, acquisitiori, or use of real pr(@perly for public purj)ose, or of the disposition ofpublicly-held property, or ()f plalis for the future of an institution which could affect the value ofproperty owned or desirable for ownership by such institution pursua?it to @ectioii 2.1-344(A)(3). To-Wit: Ilarbor Ioiiit I)rive fIilltop Loop Right-of-Way LE@ MATTERS: Corisultation with legal couiisel or briefiiigs by staff members, corisultants, or atiorrieys pertaiiiiiig to actual or probable litigation, or other specific legal matters requestiiig flie provision of legal advice by counsel puryuaiit to 5ectioii 2.1-344(A)(7). To-Wit: Lake Gaston Legal Matters Mariiiiez Ctise Upon motion by Couricilmaii Moss, secoitded by Couiicilmaii Bau@i, City Couiicit voted to proceed into EXECUTIVE SESSION. Voting: 6-0 Council Members Voting Aye: John A. Baum, Linwood 0. Braiicli, III, I?ob(,i@t W. Clyl)urii. Louis R. Jones, John D. Moys atid Vice Mayor Williant 1). @esvoms, Jr. Council Members Votirig Nay: None Council Members Absent: James W. Brazier, Jr., Robert K Deati, Iaul J I,anteigile, Mayor Meyera E. Oberndorf atid Naticy K. Parker April 5, 1994 - 5 - FORMAL SESION WRGINL4 BEACH CITY COUNCIL April 5, 1994 2:00 P.M. Vice Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City IIall Building, oti luesday, April 5, 1994, at 2:00 P.M. Council Members Present: John A. Baum, Liiiwood 0. Branch, III, James W. Brazier, Jr., I?obert W Clyburn, Robert K Dean, Louis I?. Joiies, Iaul J. Latileigne, John D. Mo.vs, Nancy K. Iarker and Vice Mavor Willi(itit I) Sessoms, Jr. Council Members Abseiit: Mayor Meyera P,. Oberndorf [I)Ul@, 1-0 INVOCATION.- Reverend Jay I,@. Ashby Hermitage United Methodist Cliurcli PLEDGE OF I CE F G OF THE -C ITED TATES ERIC April 5, 1994 6 e CER TIFICA TION OF EXECUT@ SESSION ITEM # 37869 Upon motion by Councilman Moss, secorided by Couticil l,ady l@arker, City Council CERTIFIED THE EXECUT@ SESSION TO BE IN ACCORDANCE WITH 7HE MOTION TO RECESS. Otily public busitiess matters lawfully eml)ted from Opeli Veetitig requirements by Virgiiiia law were discu.V-Y(,d ill 1-@ecutive .@ession to which this certification resolutiori apl)li(',Yl AND, Only such public- busiiiess matters as wc,rc i(leiitzfied ill tllc moti()tl convening the F@ecutive Sessiot, were hear(l, di,,(uysed or considered by rzrgirtia Beach (,ity CouiiciL Voting: 10-0 Council Members Votifig Aye: John A. Baum, Linwood 0. Brarich, Ill, J(jmes W. Brazier, Jr., Robert W. Clyburti, Robert K Dean, Louis R, Jc)jies, I'aul J. Lailleigne, Jolin D. Moss, Nancy K. I'arker aiid Vice May(,r Williatti 1). ';essom,%, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera I,,'. OI)e"tdorf April 5, 1994 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CII'Y ('OUNCIL WHEREAS: The Virginia Beach City Coulicil coiiveiled iiito EXECUTIVE SESSION, pursuant to thc affirmative vote recorded iii ITEM # 37868, Page No. 4, aiid in accordance with the provisions of The Virginia Freedom of Inforniation Act@ alid, WHEREAS: Section 2.1-344. of the Code of Virgiiiia requires a certification by the goveming body that such Executive Session was Coiiductcd ill coliformitv with Virginia law. NOW, THEREFORE, BE IT RESOLVED: 'rliat tlie Virgiiiia Beach City Council hereby certifies that, to the best ()f each member's kiiowledge, (a) oiily public business matters lawfully exempted from Open Meetiiig requiremeiits by Virginia law were discussed in Executive Session to which this certification resolutioii applies- aiid, (b) oiily such public business matters as were identificd in the motion conveiiiiig this Elecuti%,c Sessioii werc heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Sni7ith, CMC/AAE City Clerk April 5, 1994 7 MINUTES ITEM # 37870 Upon motion by Councilman Clyburti, secorided by Couiicil Latly ]'arker, City Council APPROVED the Minut- of the INFORMAL AND FORMAL SESSIONS (,f March 22, 1994, as corrected. ITEM # 37853, Page 43 The MOTION way madt@ by Countiltnait NOT (.ou@icilmail Jottes. Upoii motioii by nm l,a)i (,'ity Coulicil TABLED.- Resolution endorsiiig the (;eiieral Assembly',y pi-o@,ide fuiiditig for needed Route 44 improvements out of priniary road funds' replaccment of road improvemerit iri the State's six-year ('IP; suj)porting the administrative rentoval of tolls fr(@m Virgiiiia Route 44 iii c(,tijuncti()n with the funditig of road inzprovemetit projects, Ull(i the TK4NSFER ()f $500,000 per year from ilie State l'olic-c for pcitrols oii Route 44 to funding of these improvements whilt- still niciiiit@iiiiiii,@ su(-h patrols. (Spotisored by (ou,it'il Members Jarnes IV. J,-. U)ld Iaul J. Lanteigtic,) Voting: 10-0 Council Members Votirig Aye: John A. Baum, Litiwood 0. Bralich, III, James W. Bi-u iei-, Jr., Robert W. Clyburti, Robert K Dean, Louis R. Joites, I'aul J. l,aliteigile, Johil D. Moss, Nancy K I'arker atid Vice May(ir Williain I). ,;ess(,Ms, Jr. Council Members Voting Nay: Non e Council Members Absent: Mayor Meyera l@@. Oberitdorf April 5, 1994 8 CITY @AGER'S PPESENTA TION ITEM # 37871 BOND SALE PESULTS (March 29,1994) Patricia Phillips, Director of 1,@inance, advised oii March 29, 1994, the Cily of Virginia Beach sold $78,090,000 in General Obligation Public Iittprovei?zeiit and Refuiiding Bonds. 7he refunding Portion of the sale was only $8,520,000, substantially less than was posyible one month earlier. 7he true interest cost (TIC) was 5.53801., or 45 basic poirits below the Botid Buyer Itidex. Total savings were $765,756 over the next 11 years, averagitig $69,000 annually, or less fliati I t?zil on the tax rate. Mrs. Phillips displayed graphs dcpic-tirig: TI('s of All Public Debt Issuatice Siiice 1990 TICs of General Obligatioii Boizds Silice 1990 General Obligation Boiid TICs Cotripared To Botid Briyer 11-Bond Index Said graphics are hereby made a part of the recor(l. George Pugh, Sr. Vice Presideitt - Craigie, Iiicorl@orated, @eiii,,r UiiderK,riters of the Bond Sale referenced the PRICING MEMORANDUM, wl?ich was distribuicti to (-'ity (:ouncil and is hereby made a part of the record. Mr. 11/2gh advived tllc Allotl?zet7t of Boizdv @,,ith clistributioii statistics for each of the firms comprising the Underwritiizg Group: Senior Manager Craigie Incorporated Co-Senior Mallager PaineWebber litcorporated Co-Managen Merrill Lytich & Coi?ipany Scott & Stritigftllow, Itic. Wheat, First Sectirities, litc. Selling Group Anet?tiv Capital Grotip, litc. Braitch, Cabell & Co. Crestar Balik Davenport & Co. of Ii-rginia Natiotisbanc Capital Market, Itic. W. R. Lazard Laidlaw & Mead Incorporated Williaiii E. Sil?ioti & Soits The lastpage of this PRICING MEMOP-4NDUM rtfl,,ctiiig (,'oiiiparable Yields: $78,090,000 - City of rirginia Beach - AalAA Negt)fiated,- $61,500,000 -,@tate of Nct,ada IAIAA Competitive; $150,000,000 - City & County of Ilonolulu - Aallbl N(,,gotiated,- $41,390,000 llcfirico C(@unty - AIIAA Negotiated. Mr. Craigie distributed two charfs illustratitig the triarket tliiy itioriiiii,@, luesday, April 5, 1994. Cotriparison of Reofferilig Yields $78,090,000 - (,@ity of Tirgitzia Beach - lialAA Negotiated $114,955,000 llirgiiiia Public School 4t4thority .-Ial,4A C@oiiipetitive Yields of Tite Boiid Bityer 40 April 5, 1994 9 CONSENT AGENDA I7EM # 37872 UPon -otion by Councilman Moss, seconded by C()ullcilmall Jolies, City Coulicil APPROVED in ONE MOTION, Items 1, 2 and 3 of the CONSENT AGENDA. Voting: 10-0 COuncil Members Voting Aye: John A. Baum, LinwOOd 0. Branch, III, Jaine, W. l@razier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigiie, Jol7)1 D. M(,.Ys, Vaiicv K Parker and rice Mayor William D. Sessonts, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Obe"i(lorl April 5, 1994 10 - CONSENT AGENDA ITEM # 37873 UPOn mOtiOn by Councilman Moss, Yecorided by Coulicilmall Joiles, City Cou,icil ADOPTED: Ordinances to authorle acquisition of property iii fee simple for cotistruction of Sewer and -ter projects, including lemporary aiid periti,it(,,tt (-asctn(,,itv, /)y, agreement ()r condemnation, in the f()Ilowitig iieigliborlzoo(IY. Indiali River Ro dll,,Ibow I?oad (CII' 0-02 a 2) BOROU(H) Itidiatt River Roadlllillcresi (CIII 6-007) BOROU(;Il) Indian River Road,@outh (CII' 6-023) (KEMI@@VIIl@E BOI?Oti(,'Il) Old 1riticess Aitie Road (CIII 6-001) (Kf@MI@@VII@Ll@' IIOI?OU(;Ij) Salem Road 'A " (Cll' 6- 024) BOROU(;Il) Stumpy Lake Laile (CII' 6-052) (KPMISVIIII, BOI?OU(,'Il) Witchduck Poiiit (CII' 5-05316-026) (IIIIY,@lj)E BOROU(;Il) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W, Braziei, lr., I?obert W (,@lyburn, Robert K Dean, Louis R. Jones, I'aul J. Laiiteigiie, J(Ihll 1) A4,),ss, ,Vaii@y K. I'arker and ;-,c, Mayor William D. @esso,7,s, Council Members Voting Nay: Noti c Council Members Abseiit: Mayor Meyera F. Obenidorf April 5, 1994 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER ROADIELBOW 4 ROAD (C.I.P. 6-022) AND THE 5 ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS EITHER BY 7 AGREEMENT OR CONDEMNATION 8 WHEREAS, in the opinion of the Council of the City 9 of Virginia Beach, Virginia, a public necessity exists for the 10 construction of the sewer project to abate pollution of the Stumpy 11 Lake reservoir, a domestic water supply, and for other publi, 12 purposes for the preservation of the safety, health, peace, good 13 order, comfort, convenience, and for the welfare of the people in 14 the City of Virginia Beach: 15 NOW, THEREFORE, BE IT ORD@INED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 Section 1. That the City Council authorizes the 18 acquisition by purchase or condemnation pursuant to Sections 15.1- 19 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seg., Code 20 of Virginia of 1950, as amended, all that certain real property in 21 fee simple, including temporary and permanent easements as shown On 22 the plans entitled -'INDIAN RIVER ROAD/ELBOW ROAD (C.I.P. 6-022),,- 23 these plans being on file in the office of Real E,tat, Department 24 of Public Works, Virginia Beach, Virginia. 25 Section 2. That the City Manaqer is hereby 26 authorized to make or cause to be made on behalf of the City of 27 Virginia Beach, to the extent that funds are available, a 28 reasonable offer to the owners or persons having an interest in 29 said lands. If refused, the City Attorney is hereby authorized to 30 institute proceedings to condemn said property. 31 Adopted by the Council of the City of Virginia 32 Beach, Virginia, on the 5 day of AI)ri 1 33 CA-5439 - 1994. 34 NONCODE\CA5439.ORD 35 R-1 A DEPARTMENT VED AS c, 7@ @ITY@AT vy4floo Ro ,I PENHfl.SE ARCH 3 BRI 1191;sl & Rec cle Maint VHISPER Nooos c I @RIOGE ECT ARE y Bl(; OAK sAt Ll CATION TE CT L[ @'EPP[RfLL DR INDIAN RIVER ROAD/ELBOW ROAD C.I.P. 6-022 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER 4 ROAD/HILLCREST (C.I.P. 6-007) AND 5 THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS EITHER BY 7 AGREEMENT OR CONDEMNATION 8 WHEREAS, in the opinion of the Council of the City 9 of Virginia Beach, Virginia, a public necessity exists for the 10 construction of the sewer project to replace failing septic 11 systems, to abate pollution in the Gum Swamp and North Landing 12 River and for other public purposes for the preservation of the 13 safety, health, peace, good order, comfort, convenience, and for 14 the welfare of the people in the City of Virginia Beach: 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 Section 1. That the City council authorizes the 18 acquisition by purchase or condemnation pursuant to Sections 15.1- 19 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et secr., Code 20 of Virginia of 1950, as amended, all that certain real property in 21 fee simple, including temporary and permanent easements as shown on 22 the plans entitled "INDIAN RIVER ROAD/HILLCREST (C.I.P. 6-007),-' 23 these plans being on file in the Office of Real Estate Department 24 of Public Works, Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby 26 authorized to make or cause to be made on behalf of the City of 27 Virginia Beach, to the extent that funds are available, a 28 reasonable offer to the owners or persons having an interest in 29 said lands. If refused, the City Attorney is hereby authorized to 30 institute proceedings to condemn said property. 31 Adopted by the Council of the City of Virginia 32 Beach, Virginia, on the 5 day of April 1994. 33 CA-5440 34 NONCODE\CA5440.ORD 35 R-1 APPROVET) SZTNATU ENT APPOVED AS O@EGA opic@c@ p -61@Y ATTORN Y- 7 PROJECT AREA ION INDIAN RIVER ROAD/HILLCREST C.I.P. 6-007 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR INDIAN RIVER ROAD SOUTH 4 (C.I.P. 6-023) AND THE ACQUISITION 5 OF TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of this sewer project to replace failing septic 10 systems, abate pollution in the North Landing River, and for other 11 public purposes for the preservation of the safety, health, peace, 12 good order, comfort, convenience, and for the welfare of the people 13 in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 e-t s .1 Code sec[ 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "INDIAN RIVER ROAD SOUTH (C.I.P. 6-023)," these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the city of Virginia 31 Beach, Virginia, on the 5 day of AI)ril 1994. 32 CA-5441 33 NONCODE\CA5441.ORD APPROV -@ONTENTS R-1 SIONATURE DEPARTMENT APPROVED AS TO LEGA@ SIW I-c @CITY -ATTORNLPIY-/ LA 0 CT PROJECT AREA LOCATION INDIAN RIVER ROAD S C.I.P. 6-023 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR OLD PRINCESS ANNE ROAD 4 (C.I.P. 6-001) AND THE ACQUISITION 5 vF TEMPORARY AND PER14ANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of this sewer project to provide sewer service along 10 Old Princess Anne Road, and for other public purposes for the 11 preservation of the safety, health, peace, good order, comfort, 12 convenience, and for the welfare of the people in the City of 13 virqinia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "OLD PRINCESS ANNE ROAD (C.I.P. 6-001)," these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, , 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the City of Virginia 31 Beach, Virginia, on the 5 day of @1)) 32 CA-5515 1994. 33 NONCODE\CA5515.ORD 34 R-1 D AS TO CONTENTS ,c SIGNATURE AP@OVED AS TO LEGAly'- (4 PROJECT AREA M CT VOOD LOCATION ORTH ;IGHRI IARKANS ADDL 2 ALASKA 5moosj 3 ARLZONJ 6 STONJ 41, Run LD PRINCESS ANNE ROAD C.I.P. 6.001 t IVYWOOD Ra PENROSE AREM N 3 RPIARBUSH LA Oog$R,DGE s & Rec cle Maint )ARM 7- fRo n E S 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR SALEM ROAD "Al, (C.I.P. 6- 4 024) AND THE ACQUISITION OF 5 TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of the sewer project to replace failing septic systems 10 and prevent health hazards, to abate pollution in the North Landing 11 River, and for other public purposes for the preservation of the 12 safety, health, peace, good order, comfort, convenience, and for 13 the welfare of the people in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et sea., 15.1-898, 15.1-899, and Title 25-46.1 et secr., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitied '-SALEM ROAD "Al- (C.I.P. 6-024)," these plans 22 beinq on file in the Office of Real Estate Department of Public 23 Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the City of Virginia 31 Beach, Virginia, on the 5 day of AI)rj I 1994. 32 CA-5442 33 NONCODE\CA5442.ORD 34 R-1 APPR SIGNAI DEPARTXENT APR80VED AS I IVYWOOD Ra 2 PENROSE ARCH USH LA Rec Maint o.q ..t ROJECT LOCATION OCK RONS SALEM ROAD "A" C.I.P. 6-024 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR STUMPY LAKE LANE (C.I.P. 4 6-052) AND THE ACQUISITION OF 5 TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of this sewer project to replace septic systems in 10 this area of poorly drained soils, and for other public purposes 11 for the preservation of the safety, health, peace, good order, 12 comfort, convenience, and for the welfare of the people in the City 13 of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et sea., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "STUMPY LAKE LANE (C.I.P. 6-052)," these plans 22 being on file in the Office of Real Estate Department of Public 23 Works, Virginia Beach, Virginia. 24 Section 2. That the city Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the City of Virginia 31 Beach, Virginia, on the day of Apri 1 32 CA-5443 1994. 33 NONCODE\CA5443.ORD 34 R-1 APPROVED ?,S 'SRGNA ENT APPROVED AS TO LEGA ORIcBY,- Parxs 'Ro ant For ES IGGEFOR CT AU IT @NORT@Y OR Ti F CT @enwoo PROJECT Al EA LOCATIOI Stumpy Lake GC City of Noi STUMPY LAKE LANE C.I.P. 6-052 OR OJECT AREA LOCA ii epen nceJHS CALVER; N CT Fh c ITCHDUCK POINT I.P. 5-053 / 6-026 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR WITCHDUCK POINT (C.I.P. 4 5-053/6-026) AND THE ACQUISITION OF 5 TEMPORARY AND PERMANENT EASEMENTS 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City 8 of Virginia Beach, Virginia, a public necessity exists for the 9 construction of the sewer project to replace failing septic 10 systems, prevent potential pollution to the area, and for other 11 public purposes for the preservation of the safety, health, peace, 12 good order, comfort, convenience, and for the welfare of the people 13 in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the 17 acquisition by purchase or condemnation pursuant to Sections 15.1- 18 236, et sea., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code 19 of Virginia of 1950, as amended, all that certain real property in 20 fee simple, including temporary and permanent easements as shown on 21 the plans entitled "WITCHDUCK POINT (C.I.P. 5-053/6-026)," these 22 plans being on file in the office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Manager is hereby 25 authorized to make or cause to be made on behalf of the City of 26 Virginia Beach, to the extent that funds are available, a 27 reasonable offer to the owners or persons having an interest in 28 said lands. If refused, the City Attorney is hereby authorized to 29 institute proceedings to condemn said property. 30 Adopted by the Council of the city of Virginia 31 Beach, Virginia, on the 5 day of April 1994. 32 CA-5437 33 NONCODE\CA5437.ORD 34 R-1 APPR07D Y SIGRA DEPARTMENT AP ,AROVED AS Rwricl;ncy CITY AT' CONSENT AGENDA ITEM 37874 Upon motion by Councilman M()ss, seconded by Couiiciltn(ill Jolies, City ('ouncil ADOPTED: Ordinance to ACCEPT and APPROPRL4TE $81,000 from the U.S. Department Of Housing and Urbart Development (HUI)) to the Dcparittit@ill of Ifousiiig and Neighborhood Preservation re honteless assistatice activities; ititreu.%(, 1,@e(leral reveliucs accordingly; and, authorize the City Vaitager to cxecule tlle Voting: 10-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Brarich, III, James W. lirazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Lariteigiie, Joliii D. M(,ss, Nati(-y K Iarker and rice Mayor William D. Sessot7is, Jr. Council Members Voting Nay: Non e Council Members Absent: Mayor Meyera F. Obertidorf April 5, 1994 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $81,000 2 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN 3 DEVELOPMENT TO THE DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION FOR HOMELESS 5 ASSISTANCE ACTIVITIES AND TO AUTHORIZE THE 6 CITY MANAGER TO EXECUTE AGREEMENTS REGARDING 7 SUCH FUNDS. 8 WHEREAS, the Stewart B. McKinney Homeless Assistance Act 9 provides funds for homeless activities; and 10 WHEREAS, the U. S. Department of Housing and Urban 11 Development has notified the City that Emergency Shelter Grant 12 funds under this Act in the amount of $81,000 have been authorized 13 for the City in the current fiscal year; and 14 WHEREAS, the Department of Housing and Neighborhood 15 Preservation in consultation with the Department of Social 16 Services, has developed proposals for the use of such funds. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA: 19 (1) That Emergency Shelter Grant funds in the amount of 20 $81,000 from the U. S. Department of Housing and Urban Development 21 are hereby accepted, and appropriated to the Department of Housing 22 and Neighborhood Preservation, for homeless assistance activities; 23 (2) That estimated revenues from the Federal government 24 are hereby increased by $81,000; 25 (3) That the City Manager is hereby authorized to 26 execute a Grant Agreement with the U. S. Department of Housing and 27 Urban Development accepting such funds and to execute agreements 28 including the granting of funds to non-profit agencies for the 29 carrying out of homeless assistance activities; and 30 (4) That the City of Virginia Beach hereby agrees to 31 comply with all requirements of the Grant Agreement and regulations 32 of the U. S. Department of Housing and Urban Development regarding 33 such funds. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia on the day of April 1994. 36 CA-5534 37 \ORDIN\NONCODE\HUD81K.ORD 38 R-2 39 PREPARED: 03/25/94 12 - CONSENT AGENDA ITEM # 37875 Upon motion by Councilmart Moss, secoiide(i t)Y Coulici1tti(ill Jolies, C'it) (,ouiicil ADOPTED: Ordinance authorizitig tax refunds iii the amou@it ()f $2,771.29 afid ul)on application of certain persons and upon certificatioll of the City Treasurtr for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood (). Braiich, III, James W Bi-aziei,, Jr, Robert W Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Laiiteigiie, J()Iiii 1). M(,s5, Naiicy K. I'arker and Vice Mayor grilliam D. Sessoms, Jr. Council Members Votirig Nay: None Council Members Absent: Mayor Meyera E. Oberiidorf April 5, 1994 @0. C.-@ 7 3/ 18/ 94 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Ta. Type Ticket Exonera- D3tde Penalty lnt. Total Ye.r o( Tax Nu@ber ti.n No. p.i Norfolk Southern Railway 94 PS RE 16 12/5/93 399.00 Herman Jr & Dawson Charity 94 RE(1/2) 20408-3 12/3/93 14.@15 Herman Jr & Dawson Charity 94 RE(1/2) 20409-2 12/3/93 14.25 Herman Jr & Dawson Charity 94 RE(1/2) 20407-4 12/3/93 14.25 Fort Knox Federal Credit 93 RE(2/2) 43827-9 5/25/93 4.46 F( Knox Federal Credit 94 RE(1/2) 39085-3 12/5/93 18.47 Nationsbank Mortgage Corp 94 RE(1/2) 19111-3 12/1/93 570.00 Trans@orld Mortgage Corp 94 RE(1/2) 107066-1 12/5/93 22.80 Richard N & Carolyn Coe 94 RE(2/2) 22490-8 12/5/93 142.28 )e Henry Racquet Club 94 RE(1/2) 18057-1 12/2/93 773.77 iumbia First Federal S&L 94 RE(1/2) 75920-6 12/5/93 121.52 Margaretten & Company 93 RE(1/2) 36709-6 11/24/92 77.88 Margaretten & Company 93 RE(2/2) 36709-6 5/29/93 77.88 Shuttleworth, Ruloff etal 9@, RE(1/2) 82788-5 10,116/91 520.48 Total 2,771.29 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,771 .2 9 were approved by the Council of the City of Virginia Beach on the 5 _ day of April, 1-9.94 - Ap roved as to forrr: Ruth Hoc:ges Sm,th City Clerk 13 UNFINISHED BUSINESS ITEM # 37876 SOUTHERN PL4NIRURAL AREA PRESERVATION Concerning the SOUTHERN PL,4NIRURAL APEA PRESERVATION, C()ullcilman Baum requested information relative the requiremeiits for iiidividual lots alread) platt,(L 'f@lie (,'ity (ioes not require enough of the individual properly owner, particularly the draiiiage ditch(,s are iiot moved over and the road is not widened. The ten foot additional easemeiii does itot ittipr,)ve aiiyfhiitg. Colistructing a ditch is not expensive. Interim actions migl7f have to be approved prioi- to the I(Ioptiott of the Revised Ordinance. Councibnan Baum ititerids to be conservative particularly with regardv to stripping out roads. Councilman Baum will vote against lots right against the road. Lo(,atioii muyt be coftsidered and whether or not farm land is being preserved. Couiiciltnaii liaum cited the of Baill?Z Road. Councilman Baum requested a Briefing. Councilmart Branch wished this plati be examiried i)i a tiior,- c(,tiipi@eh(,iisive ttiaiirter with perhaps an agriculture policy, the outdoor plaii and workilig with the 77ie City Manager shall provicle a Bl?ll,,@FIN(; re ilie Southerti PlatilRiiral Area Preservation Plan between Mid May apid the first of Iuiit,,. April 5, 1994 - 14 -- III-1.2. UNFINISHED BUSINESS ITEM # 37877 Councilman Dean referenced the use of canipaign signs iti the public riglil-(@f-way and medians as well as on City owned property. Councilman Dean requested the City Manager have the Zoning Staff and Utility Workers remove the signs that are in violatioii of the law. April 5, 1994 15 - NEW BUSINESS ITEM # 37878 COUNCIL-SPONSORED ITEMS Upon motion by Councilman Lanteigne, seconded by Councilman Clyburn, City Council ADOPTED, AS REI,7SED: Resolution to urge the U ;. Cotigress to ettact Anti-Crii?ze Legislation tllat includes both law enforcement and crime prevetitioti pr(@ra s. (Sponsored by Mayor Meyera OI)el-iidorf) Ihe following verbiage, lines 38 to 46 were itiserted ott page 2. "BE IT FURTHER RESOL@I): That the City Council of the City of flirgittia Beach supports the efforts of Governor Allen and the rirgirtia General Assembly to provide substaillive measures to make our Cotnmonwealth a safe place. I'hese measurcs iriclude, but are riot limited to, abolishing parole, utiliziiig alteriiatives to iticarceration for noti-vi()Ient offenders, prOViding for truth in setitencitig, aridpurvuing aii effective aiiii-drug policy that attaclcs, both the supply side and the demaiid side of flie proble.7i, Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0 I@ranch, III, James W. Brazier. Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Naticy K. Parker and P-ice Mayor William D. @esvoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberiidorf April 5, 1994 I A RESOLUTION URGING THE U. S. CONGRESS 2 TO ENACT ANTI-CRIME LEGISLATION 3 WHEREAS, America's communities and fa,ilies are scarred by 4 increasing numbers of violent crimes; a,d 5 WHEREAS, the level of violence associated with criminal acts 6 is increasing; and 7 WHEREAS, no community or family is untouched by incidents of 8 crime or the fear of being victimized by crime; and 9 WHEREAS, reductions in crime and in the fear of crime will 10 require enactment of meaningful national anti-crime legislation as 11 well as work by local communities and state governments to develop 12 and itnplement long-term solutions that deal with both the causes 13 and effects of crime; and 14 WHEREAS, the National League of Cities has declared the 15 implementation of short and long-term solutions to stop crime and 16 violence in our cities and towns as its concern of highest priority 17 for 1994; and 18 WHEREAS, the critical nature of the problem demands an end t, 19 Congressional gridlock; and 20 WHEREAS, achieving an early partnership to reduce crime will 21 require immediate action by the Congress. 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That Council urgently calls upon the Congress to enact anti- 25 crime legislation without delay in order that the resources and 26 programs which such legislation will provide can be utilized on a 27 timely basis to deal with this critical problem. 28 BE IT FURTHER RESOLVED: 29 That such anti-crime legislation should include: 30 A balanced approach that includes both law enforcement 31 and crime prevention programs. 32 Direct block qrant anti-crime funds to cities and towns 3 3 with maximum flexibility allowed in the use of those 34 funds. 35 Creation of a federal anti-crime trust fund financed by 36 dedicated revenues derived from licensing fees levied on 37 weapons, ammunition and weapons dealers. 38 BE IT FURTHER RESOLVED: 39 That the City Council of the City of Virginia Beach supports 40 the efforts of Governor Allen and the Virginia General Assembly to 41 provide substantive measures to make our Commonwealth a safe place. 42 These measures include, but are not limited to, abolishing parole, 43 utilizing alternatives to incarceration for non-violent offenders, 44 providing for truth in sentencing, and pursuing an effective anti- 45 drug policy that attacks both the supply side and the demand side 46 of the problem. 47 BE IT FURTHER RESOLVED: 48 That the City of Virginia Beach rededicates itself to crime 49 prevention and suppression and calls upon all of our citizens to 50 assist in these efforts. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the 5 day of April 1994. 53 CA-5545 54 NONCODE\CRIME.RES 55 R-2 56 April 5, 1994 2 - 16 - III-J.I.b. NEW BUSINESS ITEM # 37879 COUNCIL-SPONSORED ITEMS 7he following spoke in SUPPORT of the Resolution: Judith K Connors, 3958 Kispering Oaks Place, Phorie: 464-3640, spoke in behalf of Diana McLemore, President - Ocean Park Civic l,eague. Correspondence of Diaria McLemore is hereby made a part of the record. William F Hardaway, 3658 Seagluff Bluff Drive, Phorie: 460-2651, represented the Ocean Park Civic League. Copy of denial of ABC License offormer occupaitt "Iii 7he Black, Itic. " (Lovely Ladies) is hereby made a part of the record. 77ie following spoke in OPPOSITION to the Resolutioit: Attorney Troy Spencer, 201 Pluine Street, Ilione: 622-3317, re,[,reselited the applicant Jim Otley, 3656 Shore Drive, I'holie: 460-0456, the applicarit Aleta Otley, 3656 Shore Drive, Phone: 460-0456, the applicant Hugh Wood, 2316 Madison Avetlue, I'hone. 460-9306 Upon motion by Councilman Joiies, seconded by C()uitt-ilmati Mosv, (:ity (,'ouiicil ADOPTED: Resolution to support ihe Ocean Park Civic League's request to the Alcoholic Beverages Control Board (ABC) that restrictions be attached to art ABC Licenve for JAPO, INC. tla Positive Vibes. (Sponsored I)y Councilman Louis R. Joll(@s). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W, Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Obertidorf April 5, 1994 Requested By: Councilmember Louis R. Jones I A RESOLUTION TO SUPPORT THE OCEAN PARK 2 CIVIC LEAGUE IN ITS REQUEST TO THE ABC 3 BOARD THAT RESTRICTIONS BE ATTACHED TO AN 4 ABC LICENSE FOR JAPO, INC. T/A POSITIVE 5 VIBES 6 WHEREAS, the City of Virginia Beach, through its 7 elected representatives and professional staff, and through the 8 civic organizations representing City residents, strives to ensure 9 that our municipality is a wholesome planned community, attractive 10 to residents and visitors; 11 WHEREAS, an essential element of sound community 12 planning is the regulation of commercial entertainment, including 13 the exclusion of activities which are not compatible with 14 surrounding residential neighborhoods; 15 WHEREAS, JAPO, Inc., proprietor of the premises 16 located at 3656 Shore Drive, doing business as Positive Vibes, 17 adjacent to the residential community of Ocean Park, has applied to 18 the Alcoholic Beverages Control Board for an on-premises license to 19 sell beer and wine; 20 WHEREAS, the Ocean Park Civic League has asserted 21 that unless restrictions on the use of the premises are applied, 22 such an establishment may constitute a nuisance and may 23 substantially detract from the quality of life enjoyed by families 24 in the adjacent residential neighborhoods; 25 WHEREAS, the Ocean Park Civic League has requested 26 the Alcoholic Beverages Control Board, to place certain 27 restrictions on the ABC license for the premises. 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 That the Council affirms its support of the ocean 31 Park Civic League's request to the Alcoholic Beverages Control 32 Board that the ABC license for JAPO, Inc., t/a Positive Vibes at 33 3656 Shore Drive, in the City of Virginia Beach, adjacent to the 3 4 residential cornlnunity Of Ollan Park, contain restrictions as 35 follows: 36 1. No entertainrnent, dancing, including, but not 37 lirnited to go-go type dancing, disc jockey music, live music, live 38 entertainment. The only music allowable in the establishment 39 should be soft background music for the dining pleasure of patrons. 40 Further, there would be no amplification of said Music beyond 41 normal conversational levels. 42 2. The operator shall cease the sale of any and all 43 alcoholic beverages at 12:00 midnight. 44 3. Employees shall not be scantily clad or wear 45 suggestive clothing. 46 4. That if any other products are promoted for sale 47 on the premises as a result of the re,taurant operation, those 48 items WoUld be tasteful in nature and not contain any offensive, 49 suggestive or foul language or gestures. 50 5. There shall be no pinball games, billiard games, 51 or any other type of electronic qames, save and except a d,,t 52 board. 53 Adopted by the Council of the City of Virginia 54 Beach, Virginia, on the 5 day of April 1994. 55 CA-5546 56 ORDIN\NONCODE\CA5546.RES 57 R-12 58 PREPARED: 3/30/94