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HomeMy WebLinkAboutMARCH 10, 1992 MINUTESCity o£ Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYEP~ E. OBERNDORF, At.Layge VICE MAYOR ROBERT E. FENTRES~, Virginia Beach Borough JOHN A. BAUM, B~ac~aeate~ Borough JAMES ~l/. BRAZIER. JR., Lynah~e. Borough ROBERT gV. CLYBURN, Kempsville Bomugh HAROLD HEISCHOBER. At-Large LOUIS R. ]ONES, Baysid~ Borough PAUL ]. LANTEIGNE, Puago Borough REBA S. McC.[~NAN, Princess Anne B~ough NANCY K. PARKER, Al-Large ~/II I IAM D. SESSOMS. JR., Al-Large JAME. S K. SPORE, Cit), Manage~ LF.~L/E L L/LLEY, City A*tornq RUTH HODGES SMITH, CMC / AAE, City Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 234.56.9005 1804~ 427-4305 MARCH 10, 1992 ITEM I. CITY MANAGER'S BRIEFING - Council Chamber - 1:00 PM A. VIRGINIA DEPARTMENT OF TRANSPORTATION PREALLOCATION HEARING Arthur R. Shaw, City Engineer ITEM II. INFORMAL SESSION - Councll Chamber - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM III. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: Reverend J. Scottie Griffin First Presbyterian 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 SESSION - March 3, 1992 G. BRIEFING SOUTHERN WATERSHED MANAGEMENT Robert J. Scott, Director of Planning H. PUBLIC HEARING 1. ELECTION DISTRICTS AND VOTING PLACES I. 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. Ordinance to AMEND and REORDAIN Chapter 10 of the Code of the City of Virginia Beach, Virginia: a. Section 10.1 re establishment of election districts and voting places. b. Section 10.2 re map of election districts. 2. Ordinance to ACCEPT and APPROPRIATE $55,000 Federal Emergency Shelter Grant from the U. S. Department of Housing and Urban Development to Housing and Neighborhood Preservation for assistance actlvltles; and, authorize the City Manager to execute agreements regarding such funds. 3. LOW BID with advance notice to proceed: ASPHALT ROADS AND Tidewater Community College MATERIALS CO., INC. Offsite Access Improvements Outer Ring Road (CIP 2-081) 933,167.80 J. RESOLUTION 1. Resolution approving the issuance of Peninsula Ports Authority of Virginia Health System Revenue and Refunding Bonds, Series 1992, in an aggregate amount not to exceed $85,000,000, a portion of the bonds being used to refund the Virginia Beach Development Authority's $2,700,000 Variable Rate Demand Revenue Bonds issued in 1990 to finance the acquisition, construction and equipping of Virginia Beach Convalescent Center at 1604 Old Donation Parkway. K. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of WELCH INDUSTRIES, INC. for a Conditional Use Permit for a contractor's equipment storage yard at the Northwest corner of Central Drive and Patent Drive on Lot 10, Oceana East Industrial Park, containing 5.4 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL (Applicant requests Withdrawal) be Application of DEMETRIOUS T. and SARIFALIA KOULOUKIS for a Conditional Use Permit for an automobile repair garage at the Southeast intersection of Admiral Wright Boulevard and Euclid Road on Lots 1 and 22 through 25, Block 43, Euclid Place, containing 12,290 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL (Applicant requests Deferral to April 14, 1992) Ce Application of CALVARY CHAPEL for Modification to the Ma~ic Hollow Land Use Plan to allow a temporary church on the Northeast side of Magic Hollow Boulevard, 192.03 feet Southeast of Lynnhaven Parkway (3158 Magic Hollow Boulevard), containing 1.03 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL de Ordinance for the discontinuance, closure and abandonment of a portion of Lakeside Drive beginning at the Southern boundary of 15th Street and running in a Southerly direction to the Northern boundary of Arctic Crescent, containing 10,229 square feet, in the petition of STAR OF THE SEA CATHOLIC CHURCH (VIRGINIA BEACH BOROUGH). Deferred for Compliance: January 14, 1992 Recommendation:'FINAL APPROVAL 2. PLANNING - RECONSIDERATION RECONSIDERATION OF CONDITION NUMBER 5 in the August 28, 1990, Approved Application of BP OIL, DIVISION OF SOHIO OIL COMPANY, for a Conditional Use Permit for an automobile service station and car wash in conJunction with a convenience store in behalf of CROWN CENTRAL PETROLEUM CORPORATION at the Northwest corner of Lynnhaven Parkway and Pleasant Valley Road (2401 Lynnhaven Parkway), containing 35,980.56 square feet (KEMPSVILLE BOROUGH). PLANNING Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Appendix G to be known as The Southern Watersheds Management Ordinance. Recommendation: APPROVAL AND, Ordinance to AMEND the Comprehensive Plan of the City of Virginia Beach, Virginia, re water quality and related land use planning policies affecting Southern Watersheds Management Area and Transition Area III. Recommendation: APPROVAL (By Concensus, Council rescheduled Ordinances to March 24, 1992) L. APPOINTMENTS GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 10, 1992 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, March 10, 1992, at 1:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. (OUT OF CITY ON VACATION)' -2- CITY MANAGER ' S BRIEFING VIRGINIA DEPARTMENT OF TRANSPORTATION PREALLOCATION HEARING ITEM # 35414 1:©0 P.M. Mr. Arthur Shaw, City Engineer, advised the Virginia Department of Transportation had identified $27.5-MILLION available for the City through its Six-year Improvement Program. The proposed statement of Mr. Shaw to the Commonwealth of Virginia - Department of Transportation - Suffolk District Preallocation Hearing on March 23, 1992, is hereby made a part of the record. The City has approximately $189-MILLION worth of projects which VDOT has either under construction or under design. Urban Allocation funds are being utilized in Virginia Beach for four projects actively under construction, amounting to approximately $47-MILLION: the upgrading to four and six lanes of Dam Neck Road between General Booth Boulevard and the Navy's Fleet Combat Training Center, Dam Neck; the improvement to eight lanes of Princess Anne Road, Phases IIIA and IIIB between Ferrell Parkway and Landstown Road and the upgrading to four lanes of London Bridge Road between Dam Neck Road and General Booth Boulevard. The third and final increment of the project to upgrade Virginia Beach Boulevard has been completed. The project has significantly improved travel time across the City and has provided an essential alternate east-west travel route to the Virginia Beach Expressway, Route 44. New projects that will be advertised and awarded in the next calendar year include Landstown Road, which will pick up from the Shipps Corner Road intersection with Holland Road. This, combined with the City's new Dam Neck project and the VDOT Dam Neck Project, will go a long way toward completing a new vital east/west corridor. Military Highway (from City Line to City Line) was scheduled to be advertised in the early Fall; however, problems have been encountered at the intersection of Indian River Road and Military Highway with leaking underground storage tanks at the gas stations. The second two-lane span of Rudee Inlet Bridge is scheduled to proceed with construction next March or April. South Plaza Trail, an approximate $6.4-MILLION project, will commence in the May time frame of next year. This will tie in with Providence Road. First Colonial Road, approximately $19-MILLION, will commence at Virginia Beach Boulevard, instill a new alignment through Oceana Gardens and convert two lanes into four lanes for the rest of Oceana Boulevard. In the spring of 1995 time frame, construction of Salem Road shall commence from Ferrell Parkway to Landstown/Elbow Road. Two projects, under design by VDOT "in-house" are Birdneck Road (from Southern Boulevard/Norfolk Avenue down to General Booth, four-laning) and Kempsville Road Phase III (from Centerville Turnpike to the City line). The other two projects, which VDOT cannot do the design "in-house" but will be contracted out to an engineering firm, will be London Bridge Road Phase III (from Virginia Beach Boulevard to International Parkway) and Ferrell Parkway VI and VII (first portion being a four-lane highway on a six-lane right-of-way and from Upton onto Sandbridge, a two-lane highway on a four-lane right-of-way). On the basis of the City's anticipated annual allocation, and the current estimate of funds available within prior allocations, the following five new projects have been identified for City Council's consideration in conjunction with this annual updating of the VDOT Six-Year Improvement Plan. Each of these projects is included in the City's ten-year Capital Improvement Program. The projects, in priority order, are: London Bridge Road, Phase II ($5.5-MILLION) This project is for construction of a four-lane divided highway from Shipps Corner Road to International Parkway, a distance of approximately 7,400 feet. VDOT may wish to coordinate this project with the Great Neck Road/London Bridge Road, Phase III project, for which construction is scheduled to begin in FY 1994 - 95. These two projects will complete the important network that includes London Bridge Road, Phase I, a VDOT project which recently started construction, and London Bridge Road Extended, a smaller city project. March 10, 1992 CITY MANAGER ' S BRIEFING VIRGINIA DEPARTMENT OF TRANSPORTATION PREALLOCATION HEARING ITEM # 35414 (Continued) Lynnhaven Parkway, Phase IX ($6.4-MILLION) This project is for construction of two additional lanes to provide a six-lane divided highway between Holland Road and South Lynnhaven Road, a distance of approximately one mile. This will complete the six-lane north-south corridor to Route 44. Wesleyan Drive ($4.3-MILLION) This project upgrades Wesleyan Drive to a four-lane divided highway from Northampton Boulevard to Baker Road, a distance of approximately 4,000 feet. This project will complete the four-lane network of Wesleyan Drive and Haygood Road from Northampton Boulevard to Independence Boulevard. A portion of this road is within the City of Norfolk boundary and coordination with that City will be required. Laskin Road, Phase I ($17.1-MILLION) This project is for construction of a six-lane divided highway and elimination of feeder lanes from First Colonial Road to Birdneck Road. This project is essential to the reduction of safety hazards and the improvements of traffic movement. The work will be similar to the previously completed VDOT projects for Virginia Beach Boulevard. London Bridge Road Extension (temporary name) (approximately $8 to 9-MILLION) This project is for construction of a six-lane arterial highway on a new alignment from Dam Neck Road to Princess Anne Road, a distance of approximately 10,000 feet. This will extend the north-south corridor, created by Great Neck Road and London Bridge Road into the more rapidly growing area of the City. Mr. Shaw will express the City's appreciation to VDOT for their continued interest in the Southeastern Expressway and agreeing to upgrade the Birdneck Road/Route 44 interchange. Mr. Shaw shall request VDOT to give consideration to upgrading the intersection at Witchduck and Route 44. As previously requested, the City would appreciate consideration being given to including HOV access at Northampton Boulevard into the six-year program. This HOV access is essential to preclude motorists, residing in the northern area of the City from having to travel south to Route 44 to gain access to HOV lanes and also reducing traffic on the remaining lanes of 1-64 west of Northampton Boulevard. Mr. Shaw will request reconsideration of the decision not to include direct access to the HOV Lanes in the improvements to the Indian River Road interchange. The City has endorsed a VDOT proposal to construct an additional interchange between Indian River Road and Greenbriar Parkway at the planned junction of City Line Road and Interstate 64. The City has added City Line Road to its Master Street and Highway Plan and proposes to coordinate the construction of that new road with VDOT's construction of the new interchange. The City supports and urges the addition of this project to the six-year program. March 10, 1992 -4 - ITEM # 35415 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, March 10, 1992, at 1:40 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. March 10, 1992 -5- ITEM # 35416 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTI~ SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (~). To-Wit: Appointments: Greenways, Trails and Bikeways Committee Tidewater Regional Group Home Commission Upon motion by Vice Mayor Fentress, seconded' by Councilwoman Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent William D. Sessoms, Jr. March 10, 1992 -6- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 10, 1992 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, March 10, 1992, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. INVOCATION: Reverend J. Scottie Griffin First Presbyterian Church PLEDGE OF ALLF~IANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 10, 1992 -7- Item III-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35417 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council CERTIFIED THE EX~IVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35416, Page No. 5, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~R~th Hodges' Smith, CMC/AAE City Clerk March 10, 1992 -8- Item III-F.1. MINUTES ITEM # 35418 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 3, 1992. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 SOUTHERN -9- BRIEFING WATERSHED MANAGEMENT IT~#35419 Robert J. Scott, Director of Planning, advised on February 12, 1992, the Planning Commission recommended to the City Council adoption of a Southern Watershed Management Program. This program includes an environmental element, consisting of a Southern Watershed Management ordinance and an amendment to the environmental section of the Comprehensive Plan; and, a land use element, consisting of an amendment to the land use section of the Comprehensive Plan. With the utilization of a map, Mr. Scott displayed the area encompassing the Southern Watershed, which is comprised of all the area which is not drained through the Chesapeake Bay excluding the Owl's Creek Watershed. A good portion of this area lies north of the Green Line. In March of 1991, when the City Council adopted the Comprehensive Plan, it did so after extensive discussions of land use issues south of the Green Line. These discussions led in part to the formation of two Transition Areas, but stopped short of supporting development east of West Neck Creek and south of the Green Line. Mr. Scott displayed a zoning map of the area immediately south of Sandbridge Road and referred to this area as Transition Area III. The majority of the zoning pattern of the whole area is uniform - AG-1 and AG-II. The City staff investigated the cost of providing infrastructure to support residential development in this area as is being contemplated in other areas north of the Green Line, and this cost was found to be exceedingly high with regard to the density that could be served by any type of residential development pattern in that area. Only that area that drains into the Chesapeake Bay was the subject of the Chesapeake Bay Preservation Act. The Southern Watershed Management Ordinance applies to all lands within the Southern Watershed and serves as the southern counterpart to the Chesapeake Bay Preservation Act. The area is environmentally and topographically different from land~ in the north. Beginning on Line 16 of the Ordinance, these differences are noted in factual terms. The U.S. Fish and Wildlife Service is acquiring some of the land in this area. Mr. Scott displayed these areas outlined in heavy black on a map. Recognition of this fact is noted on Line 97 of said Ordinance. The ordinance works in concert with the City's Stormwater Management regulations and provides for a 50-foot reforested buffer to be located adjacent to shorelines and nontidal wetlands and also adjacent to areas retained for agricultural use. It is suggested in the standards this buffer be planted with seedlings of one to three feet in height. On a typical one-acre lot, it is pictured approximately 90 to 100 seedlings will be planted along that area. The 50-foot buffer is made up of two parts: the first 25 feet would be low grasses and shrubs and the second 25 feet would be made up primarily of larger trees. The reason being, as the farmer works his field, he needs the room to turn his equipment around without bumping into trees. Similarly within 50 feet along the rear of the property that adjoins the wetlands or shoreline, a mixture of trees, shrubs and grass is being investigated to be planted in this area, which will basically be left in its natural state. It is being suggested the seedlings be planted on ten-foot centers. This buffering requirement is identified beginning on Line 366 of the Ordinance. The Planning Commission recommends reserve drainfields be required and the mandatory pumpout of septic tanks on newly created lots every five years. These requirements are noted on Line 341 and Line 364 of the Ordinance. There are certain exemptions where the Health Department finds the reserve drainfields cannot simply be included on a lot due to the size or dimensional restrictions. On Line 492, there is a requirement in the Ordinance that no Best Management Practice be located within the ten-year Flood Plain. This is a particularly important provision as it relates to the northern section of the Watershed, the portion North of the Green Line. Line 374 contains a provision that City and State Highway Projects fall within this regulatory provision. Line 213 reflects the recommendation of the Planning Commission to utilize the local definition of Nontidal Wetlands as opposed to the Federal definition. This ordinance does not attempt to regulate the agricultural industry, but rather the intent is to listen to their problems and concerns and work with the community on some of these key issues. There is a.substantial portion of this Watershed that is in areas already developed. If existing residential lots were part of an already platted subdivision, they would not fall subject to these regulations, they would be exempt. Beginning on Line 529, extensive design criteria has been identified in the Ordinance. This portion will be further clarified. Installation of sewer where appropriate is indicated on Line 82 and also in the accompanying section of the Comprehensive Plan, Page 22, Line 15. March 10, 1992 - 10- BRIEFING SOUTHERN WATERSHED MANAGEMENT ITEM # 35419 (Continued) Beginning on Line 674 the appeals process is denoted. This is an attempt to simplify the appeals process. The Planning 'Commission and the Council have adopted their version of a rural preservation approach. This is basically embodied in the use permit provision that governs rural development. These amendments to the Comprehensive Plan urge the continuation of rural preservation policies now in effect -- moderate but reasonable residential potential, grouping of permitted residences, and preservation of open spaces for agricultural and environmental benefit -- and recognize the current use permit process for residential development, as the most effective way to achieve it. This is denoted on pages 2, 11 and 14 of the Comprehensive Plan Amendments. Transition Area III is located in the area bounded by West Neck Creek, Sandbridge Road, Indian River Road and the Sandbridge community. Rather than encourage the location of residential development in this area, this program, through a land use amendment to the Comprehensive Plan, establishes Transition Area III as a hub for a variety of active and passive recreational uses. It provides a mechanism for willing property owners to cooperate with the City as they desire and as availability of fiscal resources allows. Since this item is one of the major points of the program, it is important to note that this encouraged recreational use provides major advantages in four important areas so as to promote further reasonable goals for each and so as to be compatible with each other at the same time. Mr. Scott cited the goals of economic development, fiscal, recreation, environmental, agriculture and agricultural landowners which are furthered by the achievement of this program. In order to ultimately be successful, this program must include a well- developed locational plan for various elements that may be placed in the area. It must also include an equally well-developed strategy of how to finance acquisition, improvement and operational costs for each facility. While it would not be wise to limit by deciding on a list of uses or locations for those uses now, it is important to note that this area blends itself very favorably to canoeing, hiking, camping, equestrian activities, biking, natural wildlife areas, soccer, swimming, softball, tennis and numerous other similar uses, but the most significant among them all is golf courses. Golf courses are the most important of the uses for three reasons: first, golf courses will directly generate substantial amounts of revenue; second, they are closely related to the tourist industry and thus to substantial amounts of secondary revenue; and third, they each require at least 150 acres of land for proper construction and operation and their location will be limited to when such acreage can be assembled. An important element of this program is the creation of a Public Recreation Facilities Authority (it can include members of the Council as its majority). Such an authority can issue revenue bonds to support construction of a variety of recreational uses without those bonds counting against the City's legal debt limit with the bonds payable from revenues of certain projects. Such an authority is authorized by Sec. 15.1-1271 of the State Code. The City Attorney advised there is a provision under the State Code: "Open Space Land Act". Under this Act, the City or a Recreational Facilities Authority, could purchase these lands and preserve them as agricultural overlays in concept. The City Attorney will provide a memorandum defining and stating the limitations of the "Open Space Land Act". There is no condemnation authority provided under the "Open Space Land Act". The concept of the reserve drain fields will be examined. Mr. Scott referenced the generalized soil map compiled with the assistance of Louis Cullipher, Director of Natural Resources. If this Comprehensive Plan Amendment is endorsed by the City Council, Mr. Scott advised a more detailed implementation program needs to be presented to Council. Mr. Scott advised the Conceptual Plan for Transition Area III was compiled by Talbot & Associates to be utilized for terms of discussion in considering the merits of this plan. This Conceptual Plan has not been recommended by the Planning Commission, it is just an idea of what might occur in this particular area. March 10, 1992 SOUTHERN - 11 - BRIEFING WATERSHED MANAGEMENT ITEM # 35419 (Continued) The following registered to speak concerning the Southern Watershed Management: Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008. Mr. LeSesne advised SUPPORT of the model program developed by the Southeastern Association for Virginia's Environment, the Back Bay Restoration Foundation, the Virginia Beach Chapter of the National Audubon Society, the Friends of Back Bay and Clean Water Action. Mr. LeSesne wished to relinquish his time to Barbara Henley. Anne Henry, 5062 27th Street, Phone: 428-5692, represented the Virginia Beach Audubon Society. Mrs. Henry advised SUPPORT of the model program developed by the Southeastern Association for Virginia's Environment, the Back Bay Restoration Foundation, the Virginia Beach Chapter of the National Audubon Society, the Friends of Back Bay and Clean Water Action. Mrs. Henry wished to relinquish her time to Barbara Henley. Dr. James Rawles, 1328 North Bayshore Drive, Phone: 491-1367, represented himself and family. Dr. Rawles was in SUPPORT of regulations that equal or exceed those enacted to protect the Chesapeake Bay. Dr. Rawles urged the City Council adhere to the strictest definition of Wetlands. Attorney Les Watson, 116 Gunston Road, Phone: 428-2233, represented the Atlanta Shores Development. Mr. Watson advised the ordinance did not contain a definition of the stage of a development to which the ordinance would apply. Reasonable transition rules need to be included. Anthony Leger', Phone: 721-2412, Manager of the Back Bay Natural Wildlife Refuge. Mr. Leger did not believe the proposed ordinance adequate. The North Landing River and the Back Bay area have been identified as important resources by several entities including the State of Virginia, Atlantic Coast Joint Venture Board, U.S. Fish and Wildlife Service and the Nature Conservancy. The Fish and Wildlife Service will spend approximately $13- MILLION to protect this area for the citizens of Virginia Beach. Since the Transition Area III concept contains a public lands component, refuge acquisition should be viewed positively by the City. The Refuge and the Fish and Wildlife Service are willing to join forces with the City in any type of acquisition program that will ensure protection of the important resources in this area. The definition of wetlands was too weak. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0928. Mr. Pace proposed the land remain agricultural from the Green Line south. If an individual wished to develop the area, it would be less expensive for the City to purchase this land. Laura Walters, 1241 Warner Hall Drive, Phone: 427-0685. Mrs. Walter had to leave but wished her time relinquished to Barbara Henley. Charles Traub, 784 Glasgow Court, Phone 340-9056. Statement of Mr. Traub is hereby made a part of the record. Mr. Traub expressed concern relative Section 7(c), Line 366 (buffer) and Section 10(a), Line 612 "Agricultural Lands". Mr. Traub presented a Summary of Studies and reports associated with Growth Management Development and the Environment in the Southern portion of the City. Tom Perlic, 201 Granby Street, Phone: 623-4784, Virginia Program Director of the Clean Water Action. Mr. Perlic distributed 833 letters to City Council urging Back Bay and the North Landing Watershed be protected. Mr. Perlic wished to relinquish his time to Barbara Henley. March 10, 1992 SOUTHERN - 12- BRIEFING WATERSHED MANAGEMENT ITEM # 35419 (Continued) Barbara Henley, 3513 Charity Neck Road, Phone: 426-7501, represented the Southeastern Association for Virginia's Environment (SAVE), the Back Bay Restoration Foundation, the Virginia Beach Chapter of the National Audubon Society, the Friends of Back Bay and Clean Water Action who presented a model ordinance for the management of the Southern Watershed. Said ordinance is hereby made a part of the record. Mrs. Henley advised technical assistance was also received from The Nature Conservancy. In November, some of their suggestions were incorporated Section 2, Findings of Fact, Items (r) and (s), Section 4, Definitions, Item (s), a portion of Section 8. Design Criteria, Item (d) and Section 9, Items (i) and (j). However, some of the changes not incorporated are crucial. Mrs. Henley displayed the map series developed by SAVE, the Back Bay Restoration Foundation, the Virginia Beach Chapter of the National Audubon Society, the Friends of Back Bay and Clean Water Action. A return to the nontidal wetland definition compatible with the federal definition was requested. Maxine Graham, 3057 South Sandpiper Road. Mrs. Graham spoke in OPPOSITION to the concerns of the Environmental organizations. Mrs. Graham distributed information to City Council and spoke relative the concerns of Sandbridge. Mrs. Graham referenced the map from the Hampton Roads Sanitation Department and the location of the Atlantic Treatment Plant. Sandbridge should be protected to prevent this plant being washed out into the ocean. Mayor Oberndorf read into the record the letter dated March 5, 1992, from Lyle G. Wermers, President - Tidewater Builders Association, in SUPPORT of the Southern Watersheds Management Ordinance and associated Comprehensive Plan amendments as adopted by the Planning Commission at its February 1992 meeting. The TBA also supports the creation of Transition Area III and its associated Comprehensive Plan amendments. Said letter is hereby made a part of the record. March 10, 1992 -13- Item III-H.1. PUBLIC HEARING ITEM # 35420 Mayor Oberndorf DECLARED a PUBLIC HEARING: ELECTION DISTRICTS AND VOTING PLACES Dr. Marlene Hager, Registrar, advised it was hoped the New South Beach precinct would be opened for the May 1992 Councilmanic election; however, it will probably take the Department of Justice sixty (60) days to grant permission. The following registered to speak: Lou Pace, believed this to be an opportunity to change all of the Boroughs to equal population providing more competition in each Borough. Rae LeSesne registered, but did not answer the call to speak. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. March 10, 1992 - 14 - Item II1-1. CONSENT AGENDA ITEM # 35421 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items 1 (AS REVISED), 2 and 3 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John Ao Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 - 15 - Item IIl-I.la/b/ CONSENT AGENDA ITEM # 354 22 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED, AS REVISED: Ordinance to AMEND and REORDAIN Chapter 10 of the Code of the City of Virginia Beach, Virginia: Section 10.1 re establishment of election districts and voting places. Section 10.2 re map of election districts. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN SECTION 10-1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY OF VIRGINIA BEACH. 8 9 10 11 12 13 14 15 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 10-1. Establishment of election districts and voting places. There are hereby established in the City of Virginia Beach the following election districts and their respective voting places, as set forth below: 18 19 ELECTION DISTRICT VOTING PLACES 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Alanton Aragona Arrowhead Bayside Bellamy Blackwater Bonney Brandon Cape Henry Capps Shop Centerville Chesapeake Beach College Park Courthouse Creeds Davis Corner Fairfield Alanton Elementary School Adult Learning Center Arrowhead Elementary School Bayside Elementary School Indian Lakes Elementary School Blackwater Fire Station Center for Effective Learning Brandon Junior High School Research and Enlightenment Building (Edgar Cayce Library) P. A. Mosquito Control Building Centerville Elementary School Bayside Baptist Church College Park Elementary School Courthouse Fire Station Creeds Fire Station Bettie F. Williams Elementary School Fairfield Elementary School 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Forest Glenwood Great Neck Green Run Holland Homestead Kempsville Kings Grant Kingston Lake Smith Larkspur Linkhorn Little Neck London Bridge Lynnhaven Magic Holland Malibu Meadows Mt. Trashmore Oceana Ocean Lakes Ocean Park Old Donation Pembroke Plaza Providence Red Wing Salem Seatack Shannon Sherry Park Sigma South Beach St. Nicholas Catholic Church Glenwood Elementary School Francis Asbury United Methodist Church Green Run Elementary School Holland Elementary School Providence Presbyterian Church Point of View Elementary School Kings Grant Elementary School Kingston Elementary School Shelton Park Elementary School St. Andrews United Methodist Church The Evangelical Lutheran Church of the Good Shepherd St. Aidan's Episcopal Church London Bridge Baptist Church Lynnhaven Colony United Church of Christ Roma Lodge No. 254 Malibu Elementary School Pembroke Meadows Elementary School Windsor Woods Elementary School Scott Memorial United Methodist Church Ocean Lakes Elementary School Bayside Christian Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Kempsville Recreation Center Fire Training Center Salem Baptist Church Seatack Elementary School Church of the Ascension St. Matthews Catholic Church Sandbridge Fire Station Virginia Beach Center for the Arts 2 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 Stratford Chase Thalia Thoroughgood Timberlake Trantwood Virginia Beach - A Windsor Oaks Witchduck Wolfsnare Woodstock Central Absentee Voter Election District Providence Elementary School Thalia Elementary School Independence Junior High School White Oaks Elementary School Virginia Beach Christian Church Galilee Episcopal Church Windsor Oaks Elementary School Bayside Presbyterian Church Eastern Shore Chapel Avalon Church of Christ Agriculture/Voter Registrar Building Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of March , 1992. 93 94 95 CA-4579 \ordin\proposed\10-001.pro R-2 -16- Item 111-1.2 CONSENT AGENDA ITEM # 35423 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $55,000 Federal Emergency Shelter Grant from the U. S. Department of Housing and Urban Development to Housing and Neighborhood Preservation for homeless assistance activities; and, authorize the City Manager to execute agreements regarding such funds. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23. 22 23 24 ORDINANCE TO ACCEPT AND APPROPRIATE $55,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HOMELESS ASSISTANCE ACTIVITIES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH FUNDS WHEREAS, the Stewart B. McKinney Homeless Assistance Act provides funds to local governments and others for homeless assistance activities; and WHEREAS, the U.S. Department of Housing and Urban Development has notified the City that Emergency Shelter Grant funds under this Act in the amount of $55,000 have been authorized for the City in fiscal year 1991 - 1992; and WHEREAS, the Department of Housing and Neighborhood Preservation in consultation with the Departments of Social Services and Mental Health, Mental Retardation and Substance Abuse, has developed proposals for the use of such funds. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that such funds be accepted and appropriated, and that revenue from the Federal government be increased by such amount; AND, BE IT FURTHER ORDAINED that the City Manager be authorized to execute a Grant Agreement with the U.S. Department of Housing and Urban Development accepting such funds and to execute agreements including the granting of funds to non-profit agencies for the carrying out of homeless assistance activities. AND, BE IT FURTHER ORDAINED that the City of Virginia Beach will comply with all requirements of the Grant Agreement and regulations of the U.S. Department of Housing and Urban Development regarding such funds. 25 26 Adopted by the Council of the City of Virginia Beach this 10 of March, 1992. day 27 28 29 30 31 32 33 34 Approved as to Content: Ma~an~I. Ustf6k, D~kr~or Housingv' & Neighborhood Preservation .. APPROVED .AS TO CONT..~N'~' --- - WALTER C. KJ;i~EMER, OFFICE OF' BUDGET AND Approved as to Form: City Attorney -17- Item 111-1.3 CONSENT AGENDA ITEM # 35424 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED: LOW BID with advance notice to proceed: ASPHALT ROADS AND Tidewater Community College MATERIALS CO., INC. Offsite Access Improvements Outer Ring Road (CIP 2-081) $ 933,167.80 Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 -18- Item IIl-J.1. RESOLUTION ITEM # 35425 Attorney Stephen L. Johnson, Mays and Valentine - Sovran Center, 111 East Main Street, P.O Box 122, Richmond, Phone: (804) 697-1216, serving as Bond Counsel in connection with the issuance of bonds by the Peninsula Ports Authority. Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Resolution approving the issuance of Peninsula Ports Authority of Virginia Health System Revenue and Refunding Bonds, Series 1992, in an aggregate amount not to exceed $85,000,000, a portion of the bonds being used to refund the Virginia Beach Development Authority's $2,700,000 Variable Rate Demand Revenue Bonds issued in 1990 to finance the acquisition, construction and equipping of Virginia Beach Convalescent Center at 1604 Old Donation Parkway. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 Approving Issuance of the Peninsula Ports Authority of Virginia Health System Revenue and Refunding Bonds (Riverside Health System Project) Series 1992 RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the Peninsula Ports Authority of Virginia, whose principal business address is 825 Diligence Drive, Suite 114, Newport News, Virginia 23606 (the "Authority"), has conducted a joint public hearing, after notice, on February 19, 1992, a date within sixty (60) days prior to the date of the adoption of this Resolution, on behalf of the Authority, Gloucester County, Mathews County, Isle of Wight County, the Town of Smithfield, Essex County, Chesterfield County, the Town of West Point, the City of Virginia Beach and the City of Newport News, on the plan of financing of Riverside Healthcare Association, Inc. ("Riverside Healthcare"), whose principal business address is 606 Denbigh Boulevard, Suite 601, Newport News, Virginia 23602, Riverside Hospital, Inc. (the "Hospital"), whose principal business address is 500 J. Clyde Morris Boulevard, Newport News, Virginia 23601 and certain of the affiliates of Riverside Healthcare and of the Hospital, all of which are not-for-profit Virginia corporations which are described in Section 501(c) (3) of the Internal Revenue Code of 1986, as amended (the "Code"), and exempt from tax under Section 501(a) of the Code (collectively, "Riverside") for the issuance of the Authority,s Health System Revenue and Refunding Bonds in an amount not to exceed $85,000,000 (the "Bonds") to assist Riverside in (a) financing (1) the purchase of certain medical and other equipment supportive of or incidental to the health care functions of the Hospital, including, without limitation, operating room, radiology, laboratory, heart catheterization, computer and radiation therapy equipment, (2) improvements and renovations to the Hospital and (3) the construction of a three-story building to house a new energy plant and administrative offices, all to be located at or near the site of the Hospital; (b) refinancing (1) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.) Series of 1985, issued by the Authority in 1985 in the original aggregate principal amount of $20,000,000 (the "Series 1985 Bonds"), (2) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.) issued by the Industrial Development Authority of Gloucester County, Virginia (the "Gloucester Authority") in 1987 in the original aggregate principal amount of $12,250,000 (the "Series 1987 Bonds"), (3) the Hospital Refunding Revenue Bonds (Riverside Tappahannock Hospital) Series 1989A and the Hospital Revenue Bonds (Riverside Tappahannock Hospital) Series 1989B, issued by the Industrial Development Authority of Essex County (the "Essex Authority',) in 1989 in the original aggregate principal amounts of $7,575,000 and $3,720,000, respectively (together, the "Series 1989 Bonds"), and (4) the Variable Rate Demand Revenue Bonds (Virginia Beach Convalescent Center Project) Series 1990, issued by the City of Virginia Beach Development Authority in 1990 in the original aggregate principal amount of $2,700,000 (the "Series 1990 Bonds"); (c) funding a reserve fund for the Bonds; and (d) financing certain interest ' costs and other expenses including issuance costs incurred in connection with the issuance of the Bonds; and WHEREAS, the Series 1990 Bonds were issued to finance the acquisition, construction and equipping of a nursing home consisting of 60 beds, which was originally owned by Patrick Henry Hospital, Inc. (as affiliate of Riverside) whose principal business address is 1000 Old Denbigh Boulevard, Newport News, Virginia 23602 and is currently owned by Long Term Care Associates, Inc. (also an affiliate of Riverside), and which is located at 1604 Old Donation Parkway in the City. of Virginia Beach, Virginia (the "City"); and WHEREAS, Section 147(f) of the Code provides that the governmental unit having Jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and WHEREAS, certain of the facilities being refinanced with the proceeds of the Bonds (the "Facilities") are located in the City, and the Council of the City (the "Council") constitutes the highest elected governmental unit of the City; and WHEREAS, the Authority has requested the Council to ratify the public hearing and approve the issuance of the Bonds and the plan of financing to comply with Section 147(f) of the Code; and WHEREAS, a copy of the Authority,s resolution approving the issuance of the Bonds, subject to terms to be agreed upon, (the "Authority Resolution,,), a record of the public hearing and a fiscal impact statement have been filed with the Council; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the first and second "WHEREAS" clauses to this Resolution are hereby adopted as part of this Resolution. 2. The Council hereby ratifies the joint public hearing held on its behalf by the Authority on February 19, 1992 and the publication of notice thereof. ' 3. The Council hereby concurs in the Authority Resolution adopted by the Authority on February 19, 1992, a copy of which is attached hereto. - 2 - 4. The Council hereby approves the issuance of the Bonds by the Authority for the benefit of Riverside, to the extent required by Section 147(f) of the Code. 5. Ratification of the joint public hearing, concurrence in the Authority Resolution, and approval of the ' issuance of the Bonds and the plan of financing do not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Facilities or of Riverside, and, as required by Virginia law, the Bonds shall provide that neither the Commonwealth of Virginia nor any political subdivision thereof, including the City and the Authority, shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor by Riverside, and neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City and the Authority, shall be pledged thereto. 6. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f) (1), this Resolution shall remain in effect for a period of one year from the date of its adoption. 7. The City, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damage to Riverside, direct or consequential, resulting from the Authority's failure to issue the Bonds for any reason. its adoption. This Resolution shall take effect immediately upon ADOPTED: March 10, 1992 - 3 - EXH~BI'T .~ TO COUtlCZL RESOLUT~O# RESOLUTION OF THE PENINSULA PORTS AUTHORITY OF VIRGINIA AUTHORIZING THE ISSUANCE OF HEALTH SYSTEM REVENUE AND REFUNDING BONDS WHEREAS, the Peninsula Ports Authority of Virginia, a. political subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by Chapter 46 of the Acts of Assembly of 1952 of the Commonwealth of Virginia, as amended (the "Act"), to issue its revenue bonds for the purpose of assisting in the financing of the acquisition, construction, renovation and equipping of medical facilities and refinancing such facilities in order to provide modern and efficient facilities and services for the care of the public; WHEREAS, the Authority has received a request from Riverside Healthcare Association, Inc., whose principal business address is 606 Denbigh Boulevard, Suite 601, Newport News, Virginia Z3602 ("Riverside Healthcare"), Riverside Hospital, Inc., whose principal business address is 500 J. Clyde Morris Boulevard, Newport News, Virginia 23601 (the "Hospital"), and certain affiliates of Riverside Healthcare and the Hospital, all of which are not-for-profit Virginia corporations which are described in Section 501(c) (3) of the Internal Revenue Code of 1986, as amended (the "Code"), and exempt from tax under Section 501(a) of the Code (collectively, the "Applicant"), req~esting that the Authority issue its revenue bonds to assist the Applicant in financing (1) the purchase of certain medical and other equipment supportive of or incidental to the health care functions of the Hospital, including, without limitation, operating room, radiology, laboratory, heart catheterization, computer and radiation therapy equipment, (2) improvements and renovations to the Hospital and (3) the construction of a three-story building to house a new energy plant and/or administrative offices (collectively, the "Project"); WHEREAS, the Applicant, in an appearance before the Authority by the Applicant's representative and in the application filed with the Authority, has described the benefits of the Project to the inhabitants of the City of Newport News, Virginia (the "City") and the Commonwealth of Virginia (the "Commonwealth"); WHEREAS, the Applicant has also requested that the Authority issue its revenue refunding bonds to assist the Applicant in refinancing (1) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.) Series of 1985, issued by the Authority in 1985 in the original aggregate principal amount of $20,000,000 (the "Series 1985 Bonds"), (2) the Medical Facilities Revenue Note (Riverside Healthcare Association, Inc.) issued by the Industrial Development Authority of Gloucester County, Virginia in 1987 in the original aggregate p~incipal amount of $12,250,000 (the "Series 1987 Bonds"), (3) the Hospital Refunding Revenue Bonds (Riverside Tappahannock Hospital) Series 1989A and the Hospital Revenue Bonds (Riverside Tappahannock Hospital) Series 1989B, issued by the Industrial Development Authority of Essex County in 1989 in the original aggregate principal amounts of $7,575,000 and $3,720,000, respectively (together, the "Series 1989 Bonds"), and (4) the Variable Rate Demand Revenue Bonds (Virginia Beach Convalescent Center Project)' Series 1990, issued by the City of Virginia Beach Development Authority in 1990 in the original aggregate principal amount of $2,700,000 (the "Series 1990 Bonds"), the facilities financed with the proceeds of the Series 1985 Bonds, the Series 1987 Bonds, the Series 1989 Bonds and the Series 1990 Bonds being referred to herein as the "Refinanced Facilities"; WHEREAS, the Project and the Refinanced Facilities have been described to the Authority, and a public hearing has been held as required by Section 147 of the Code and by the Act; WHEREAS, the Applicant has represented that the estimated cost of financing the Project, refinancing the Refinanced Facilities, funding a reserve fund and paying all expenses of the issue payable from bond proceeds will require an issue of health system revenue and refunding bonds in an aggregate principal amount not to exceed $85,000,000 (the "Bonds"); WHEREAS, a judicial proceeding has been instituted pursuant to Article 6, Chapter 5.1, Title 15.1 of the Code of Virginia of 1950, as amended, in the Circuit Court of the City of Newport News, Virginia (the "Circuit Court") to determine the validity of the Bonds, and the Bonds will not be issued until such time as the Circuit Court has entered a decree validating the Bonds and such decree can no longer be appealed by virtue of the expiration of the appeal period or, if appealed, such decree has been affirmed; and WHEREAS, there has been presented to this meeting of the Authority the form of a Preliminary Official Statement (the "Preliminary Official Statement") relating to the offering and sale of the Bonds, and a certificate of the Authority pertaining to the Preliminary Official Statement and the requirements of Rule 15c2-12 under the Securities Exchange Act of 1934 ("Rule 15c2-12") with respect thereto; NOW, THEREFORE, BE IT RESOLVED BY THE PENINSULA PORTS AUTHORITY OF VIRGINIA: 1. It is hereby found and determined that assisting the Applicant in financing the.c?sts of.the Project and refinancing the Refinanced Facilities will help to provide modern and efficient medical facilities and services to the residents of the City and the Commonwealth, will improve the delivery of health care services to and reduce the costs to residents of the City and the Commonwealth utilizing such facilities, will bring additional revenues and employment into the City and will promote the health and welfare of the Commonwealth, the City and their citizens. The - 2 - Authority will not issue the Bonds until the Circuit Court has entered a decree validating the Bonds and such decree can no longer be appealed by virtue of the expiration of the appeal period or, if appealed, such decree has been affirmed. 2. To induce the Applicant to acquire, construct, ' renovate and equip the Project in the City, the Authority hereby agrees to assist the Applicant in financing the costs of the Project by undertaking the issuance of its Bonds upon terms and conditions mutually agreeable to the Authority and the Applicant. The Authority also hereby agrees to assist the Applicant in refinancing the Refinanced Facilities by undertaking the issuance of its Bonds upon terms and conditions mutually agreeable to the Authority and the Applicant. The amount of Bonds authorized by the Authority for purposes of financing the Project, refinancing the Refinanced Facilities, funding a reserve fund for the Bonds and paying issuance and other expenses shall not exceed $85,000,000. The Project and the Refinanced Facilities (to the extent required by law) shall be leased or sold by the Authority to the Applicant pursuant to a lease, installment sale agreement, agreement of sale, deed of assumption or similar agreement, which will provide payments to the Authority in conformity with the Act sufficient to pay the principal of, premium, if any, and interest on, the Bonds and to pay all other expenses in connection with the Project and the Refinanced Facilities. The Bonds shall be issued in form acceptable to, and pursuant to terms to be set by, the Authority, and the payment of the Bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payment under such lease, installment sale agreement, agreement of sale, deed of assumption or similar agreement with respect to the Project and the Refinanced Facilities and may be additionally secured by any other collateral, agreement or assignment. The Bonds may be issued in one or more series at one time or from time to time. 3. It having been represented to the Authority that it is necessary to proceed immediately with the Project, the Authority hereby agrees that the Applicant may proceed with plans for the acquisition, construction, renovation and equipping thereof; provided, however, that nothing herein shall be deemed to authorize the Applicant to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project (or the Refinanced Facilities). The Authority agrees that the Applicant may be reimbursed from the proceeds of the Bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and other applicable state and federal laws. 4. The Authority shall accept from or on behalf of the Applicant conveyance of title to and/or interests in the Project and the Refinanced Facilities (to the extent required by law). The officers of the Authority are hereby authorized and directed to accept and, if necessary, have filed financing statements, have - 3 - recorded a proper deed or deeds, or other instruments in connection with such conveyance and such other agreements or bills of sale as may be deemed necessary by the Applicant. If for any reason the Bonds are not issued, it is understood that the Authority shall convey such property or interests therein to or on behalf of the Applicant without cost other than the expense of ' preparation and recordation of such deed or deeds of conveyance or agreements or bills of sale or financing statements, all of which costs shall be paid by the Applicant. 5. At the request of the Applicant, the Authority hereby appoints Mays & Valentine, Richmond, Virginia, as Bond Counsel to supervise the proceedings and approve the issuance of the Bonds. 6. The Authority agrees, if requested, to accept the recommendation of the Applicant with respect to the appointment of an agent or underwriter for the sale of the Bonds pursuant to terms to be mutually agreed upon. 7. Ail costs and expenses in connection with the financing of the costs of the Project and the refinancing of the Refinanced Facilities, including but not limited to the fees and expenses of Bond Counsel and Authority Counsel, shall be paid from the proceeds of the Bonds or funds provided by the Applicant. If for any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the Applicant and that the Authority shall have no responsibility therefor. 8. In adopting this resolution, the Authority intends to take "official action" toward the issuance of the Bonds being used to finance the Project within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 of the Code. 9. The Applicant hereby agrees to indemnify and save harmless the Authority, its officers, commissioners, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses, costs and expenses in any way connected with the Project, the Refinanced Facilities, the application submitted by the Applicant or the issuance of the Bonds. 10. Neither the Authority, including its officers, commissioners, employees and agents, nor the City shall be liable and hereby disclaim all liability to the Applicant and all other persons or entities for any damages, direct or consequential, resulting from the failure of the Authority to issue the Bonds for any reason. 11. The Applicant agrees to pay the Authority the fees set forth in the Authority's Guidelines and Procedures Manual for Tax-Exempt Revenue Bonds. - 4 - 12. The Authority hereby recommends that the Council of the City (the "City Council") approve the issuance of the Bonds within sixty days hereof and directs the Chairman and the Secretary-Treasurer of the Authority to file with the City Council this Resolution, the Fiscal Impact Statement and a summary statement of the comments made at the public hearing. The ' Authority also hereby requests and recommends that the Boards of Supervisors of Gloucester County, Isle of Wight County, Mathews County, Essex County and Chesterfield County, the Town Councils of the Town of West Point and the Town of Smithfield and the City Council of the City of Virginia Beach (collectively, the "Approving Jurisdictions',) each give its governmental approval to the issuance of the Bonds within sixty days hereof to the extent that the Internal Revenue Code and state law require. The Authority hereby directs the Chairman and Secretary-Treasurer of the Authority to file with the Approving Jurisdictions this Resolution, the Fiscal Impact Statement and a summary statement of the comments made at the public hearing. 13. The use and distribution of the Preliminary Official Statement by Cain Brothers, Shattuck & Company Incorporated in substantially the form on file with the Authority and with such changes as may be consented to by the Chairman or Vice Chairman of the Authority, and the execution and delivery on this date of the Rule 15c2-12 certificate with respect thereto by the Chairman or Vice Chairman of the Authority in substantially the form on file with the Authority, are hereby authorized. 14. Ail other acts of the officers of the Authority which are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds, the undertaking of the Project and the refinancing of the Refinanced Facilities are hereby approved and confirmed. 15. Unless this Resolution is extended by the Authority, the Bonds authorized hereunder shall be issued within one (1) year from the date hereof. 16. This Resolution shall take effect immediately upon its adoption; provided, however, that the issuance of the Bonds is in all events conditioned upon the approval thereof by the City Council and the Approving Jurisdictions as required by applicable law and regulations and the entry of a decree by the Circuit Court validating the Bonds and the expiration of the appeal period or affirmation of such decree as described in paragraph 1 hereof. ADOPTED: February 19, 1992 - 5 - CERTIFICATE I, the undersigned Secretary/Treasurer of the Peninsula Ports Authority of Virginia (the "Authority") hereby certify that the foregoing is a true, correct and complete copy of the, Resolution duly adopted by the affirmative vote of not less than five (5) of the Commissioners of the Peninsula Ports Authority of Virginia present and voting at a meeting duly called and held on February 19, 1992, all in accordance with law, and that such Resolution has not been repealed, revoked or rescinded but is in full force and effect on the date hereof. WITNESS my hand and the seal of the Authority this day of February, 1992. Sedreta~/Treasurer PENINSULA PORTS AUTHORITY OF VIRGINIA - 6 - ARLINGTON OFFICE (804) 697-1216 SOVRAN CENTER I I I I lAST MAIN STRICT P. O. Box I1~ RICHHOND. VIRGINIA ~0~-I I ~ (804) 697-1EO0 TELEX 3~063 (MAYSVAL UD) TELECOPIER (804) 697-1339 February 21, 1992 NORFOLK OFFICr FILE ilO. 06229.004 TO: THE HONORABLE MAYOR AND ALL MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Re: Peninsula Ports Authority of Virginia, Health System Revenue and Refunding Bonds (Riverside Health System Project), Series 1992 Ladies and Gentlemen: We are serving as bond counsel in connection with the issuance of certain revenue and refunding bonds (the "Bonds") by the Peninsula Ports Authority of Virginia (the "Authority,,) for the benefit of Riverside Healthcare Association, Inc. and certain of its affiliates, all of which are not-for-profit Virginia corporations (collectively, "Riverside,,). In 1990, the City of Virginia Beach Development Authority issued its $2,700,000 Variable Rate Demand Revenue Bonds (Virginia Beach Convalescent Center Project) Series 1990 (the "Prior Bonds") to finance the acquisition, construction and equipping of a nursing home consisting of 60 beds located at 1604 Old Donation Parkway (the "Project") in the City of Virginia Beach, Virginia (the "City") originally owned by Patrick Henry Hospital, Inc. (an affiliate of Riverside). Such Prior Bonds bear interest at a variable rate and are secured by a letter of credit. At the present time, as part of a debt restructuring, Riverside desires to refinance all of its variable rate, letter-of-credit secured debt through the issuance of fixed rate debt secured only by the revenues of Riverside. Consequently, the Prior Bonds will be refinanced through the issuance of the Bonds. Because the governmental approval requirements relating to private activity bonds under the Internal Revenue Code of 1986, as amended, are applicable to this issue, each governmental unit having jurisdiction over the area in which any bond-financed facility is located must give its governmental approval to the issuance of such Bonds. Because the proceeds of the Prior Bonds were used to construct the Project in the City, the approval of the Council of the City (the "Council") is required for the issuance of the Bonds. The Honorable Mayor and Ail Members of the Council of the City of Virginia Beach, Virginia February 21, 1992 Page 2 Riverside respectfully requests that the Council adopt the enclosed resolution (the "Resolution"). Such Resolution specifically states that the City shall not be obligated to pay the Bonds or the interest thereon or other costs incident theretb, The Bonds are payable only from the revenues of Riverside that are pledged to such payment. The Resolution also provides that the City's elected representatives, officers, employees and agents shall not be liable for any damages to Riverside for the Authority's failure to issue the Bonds. If you have any questions regarding the foregoing or the Resolution, please do not hesitate to call me at (804) 697-1216. Very truly yours, 181/743 cc: Randall M. Blow, Esquire Stephen L. JohnWon FISCAL IMPACT STATemENT FOR PROP(~ED REVENUE BOND FINANCING D~te: February 19, 1992 To the Peninsula Ports Authority of Virginia Applicant: Riverside Healthcare Association, Inc.*** F~ility: Riverside Health System 1. M~ximum amount of financing sought 2. Estimated increase of taxable value of the re~l property over existing value due to this projeot 3. Estimated increase in real property tax per year using present tax rates bssed upon Item 2 above 4. *Estimated increase in personal property tax per year using present tax rates due to this project 5. **Estimated increase in machiner~ ~ tool tax per yesx using present tax rates due to this project 6. Estimated dolls~ value per yes~ of good~ and services that will be purchased locally 7. Estimated number of new, employees on year roun~ basis 8. Average annual salary for new employees 85 nno nnn**** ~, , ;¥% ,~¥¥~ , · · · S 42,000,000'**** · · i · · ee · e i iee s...? ........ $..° ...... If one or more of the above questions do not apply to the facility indicate by writing N/A (not applicable) on the appropriate line. The information contained in this Statement is bassi solely on facts and estimates provided by the Applicant, an~ the Authority h~s made no independent investigation with respeot thereto. AUT~XRIT~ OF VIRDINIA *Personal property includes all business equi~t us~i in business that is not inventozT. **Applicable to manufacturers only. ***Other Applicants are Riverside Hospital, Inc., The Rehabilitation Institute of Virginia, Inc.,Patrick Henry Hosp' Inc., Riverside Retirement Services, Inc., Riverside Wellness & Fitness Centers, Inc., Riverside Middle Peninsul~ Hospital, Inc., Riverside Tappahannock Hospital, Inc. an~[~ng Term Care Associate~, ~nc. . ****Of this amount, up to $26,000,000 is for the acquisition, construction and/or equipping occurring at Riverside Medical Center in Newport News, and up to $59,000,000 is for the refinancing of facilities located in the follow jurisdictions: City of Nev~ort News, City of Virginia Beach, Town of Smithfield, Town of West Point, Chesterfie {See attached sheet) FISCAL IMPACT STATEMENT FOR PROPOSED REVENUE BOND FINANCING {COntinued) ****County, Essex County, Gloucester.County, Isle of Wight County and Mathews County. *****Value of goods purchased in jurisdictions where bond financed facilities are located. - 19- Item I-1.1/2. PUBLIC HEARING ITEM # 35426 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) WELCH INDUSTRIES, INC. CONDITIONAL USE PERMIT (b) DEMETRIOUS T. AND GARIFALIA KOULOUKIS CONDITIONAL USE PERMIT (c) CALVARY CHAPEL MODIFICATION TO THE MAGIC HOLLOW LAND USE PLAN PLANNING - RECONSIDERATION (a) BP OIL, DIVISION OF SOHIO OIL COMPANY RECONSIDERATION OF CONDITION PLANNING (a) THE SOUTHERN WATERSHEDS MANAGEMENT ORDINANCE AMEND AND REORDAIN CITY CODE ADDING APPENDIX G (b) SOUTHERN WATERSHEDS MANAGEMENT AREA AND TRANSITION AREA II. AMEND THE COMPREHENSIVE PLAN RE WATER QUALITY AND RELATED LAND USE PLANNING POLICIES March 10, 1992 - 20 - Item III-1. PUBLIC HEARING ITEM # 35427 PLANNING BY CONSENT Upon motion Councilman Jones, seconded by Vice Mayor Fentress, City Council APPROVED in ONE MOTION Items lc and id and DEFERRAL to April 14, 1992, of Item lb of the PLANNING BY CONSENT AGENDA. Item la was voted upon separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 - 21 - Item I II-K.l.a. PUBLIC HEARING ITEM # 35428 PLANNING BY CONSENT Jack Haworth, 2036 Bay Breeze Cove, Phone: 481-2580, represented the applicant and requested this application be REFERRED back to the Planning Commission. The applicant contracted to buy this lot, but dropped his contract and shifted over to another lot within the same subdivision (Oceana East Industrial Park). Mr. Welch requested an amendment to this application and apply same to the new lot referring all back to the Planning Commission. Upon motion by Councilman Brazier, seconded by Councilwoman Parker, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of WELCH INDUSTRIES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WELCH INDUSTRIES, INC. FOR A CONDITIONAL USE PERMIT FOR A CONTRACTOR'S EQUIPMENT STORAGE YARD Ordinance upon application of Welch Industries, Inc. for a Conditional Use Permit for a contactor's equipment storage yard at the northwest corner of Central Drive and Patent Drive on Lot 10, Oceana East Industrial Park. The parcel contains 5.4 acres. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 - 22 - Item I II-K.l.b. PUBLIC HEARING ITEM # 35429 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council DEFERRED until the City Council Session of April 14, 1992, the Ordinance upon application of DEMETRIOUS T. AND GARIFALIA KOULOUKIS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DEMETRIOUS T. AND GARIFALIA KOULOUKIS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE Ordinance upon application of Demetrious T. and Garifalia Kouloukis for a Conditional Use Permit for an automobile repair garage at the southeast intersection of Admiral Wright Boulevard and Euclid Road on Lots 1 and 22 through 25, Block 43, Euclid Place. The parcel contains 12,290 square feet. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 - 23 - Item III-K.l.c. PUBLIC HEARING ITEM # 35430 PLANNING BY CONSF~Fr Joseph Buran, 5642 Brandon Boulevard, Phone: 479-2145, registered but did not speak, was in attendance to respond to questions. Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council ADOPTED a Modification to the Magic Hollow Land Use Plan upon application of CALVARY CHAPEL: ORDINANCE UPON APPLICATION OF CALVARY CHAPEL FOR A MODIFICATION TO THE MAGIC HOLLOW LAND USE PLAN TO ALLOW A TEMPORARY CHURCH Z03921342 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Calvary Chapel for a Modification to the Magic Hollow Land Use Plan to allow a temporary church on the northeast side of Magic Hollow Boulevard, 192.03 feet southeast of Lynnhaven Parkway. The parcel is located at 3158 Magic Hollow Boulevard and contains 1.03 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March~ Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 Item III-K.l.d. PUBLIC HEARING ITEM # 354 31 PLANNING BY CONSENT Charles Kiley, 528 Fishermans Bend, Phone: 428-5401, registered but did not speak, was in attendance to respond to questions. Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council AUTHORIZED FINAL APPROVAL of the Ordinance upon application of STAR OF THE SEA CATHOLIC CHURCH for the discontinuance, closure and abandonment of Lakeside Drive. Application of Star of The Sea Catholic Church for the discontinuance, closure and abandonment of Lakeside Drive beginning at the southern boundary of 15th Street and running in a southerly direction to the northern boundary of Arctic Crescent. Said parcel contains 10,229 square feet. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOW AS LAKESIDE DRIVE, LOCATED IN THE VIRGINIA BEACH BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "MAP NO. 5 OF THE PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO.", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 5, AT PAGE 21. WHEREAS, it appearing by affidavit that proper notice has been given by STAR OF THE SEA CATHOLIC CHURCH, that it would make application to the Council of the City of Virginia Beach, Virginia, on NOVEMBER 26, 1991 to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, Section I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: Ail of that parcel of land located to the west of Pacific Avenue and between 14th Street and 15th Street in the Virginia Beach Borough in the City of Virginia Beach, Virginia, and being shown as Lakeside Drive (30 feet wide right of way) in Map No. 5 of the property of the Virginia Beach Development Co. (which map is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book No. 5 at page 21) and being more particularly bounded and described as follows: Beginning at a point located in the south right of way line of the abovedescribed 15th Street which point is located south 82 08' 30" west, a distance of 45.05 feet, as measured along the abovedescribed south right way line of 15th Street, from the west right of way line of the abovedescribed Pacific Avenue, and from said point of beginning running thence in a southwesterly direction along a curve to the left, which curve follows the east right of way line of Lakeside Drive and which curve has a radius of 78.50 feet, an arc distance of 97.95 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 264.00 feet, an arc distance of 108.34 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the right, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 190.00 feet, an arc distance of 91.19 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running along a curve to the left, which curve follows the abovedescribed east GPIN# 2427-16-5103 right of way line of Lakeside Drive and which curve has a radius of 234.00 feet, an arc distance of 25.45 feet to a point located in the north right of way line of the abovedescribed 14th Street; thence turning and running south 76 24' 18" west, along the abovedescribed north right of way line of 14th Street, a distance of 74.92 feet to a point located in the abovedescribed north right of way line of 14th Street; thence turning and running in a northeasterly direction along a curve to the left, which curve follows the west right of way line of Lakeside Drive and which curve has a radius of 62.37 feet, an arc distance of 71.09 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction, along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 160.00 feet, an arc distance of 76.79 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction along a curve to the right, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 294.00 feet, an arc distance of 120.65 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northwest direction along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 40.00 feet, an arc distance of 73.28 feet to a point located in the south right of way line of the abovedescribed 15th Street; thence turning and running north 82 08' 03" east, along the abovedescribed south right of way line of 15th Street, a distance of 138.62 feet to the point and place of beginning of this description. Said parcel of land being a portion of Lakeside Drive. Section II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. Adopted: March 10, 1992 (FINAL APPROVAL) ,~'~l~OWO As 'TO CON~N'~ DEPAR'I'Mrb;T Jerry Mack Douglas, Jr. Affomey At Law 4356-2 Bonne¥ Road, Suite 102-A Virginia Beach, Virginia 23452 (804) 340-0199 FAX (804) 340-1919 February 27, 1992 Mr. David S. Hay Office of the City Attorney Municipal Center Virginia Beach, VA 23456 Re: Street Closure Dear David: As attorney for the Star of the Sea Catholic Church I hold in escrow a deed from Edwin B. Lindsley, Jr. to Star of the Sea Catholic Church. This will be delivered at the conclusion of the street closure process. JMD/alg - 25 - Item I II-K.2.a. PUBLIC HEARING ITEM # 35432 PLANNING - RECONSIDERATION Michael Malone c/o Crown Petroleum, Post Office Box 1168, Baltimore, Maryland 21203, Phone (410) 639-4710, represented the applicant Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City Council APPROVED, in behalf of CROWN CENTRAL PETROLEUM CORPORATION, WAIVER OF CONDITION NUI~BER 5 in the August 28, 1990, approved application of BP OIL, DIVISION OF SOHIO OIL COMPANY for a Conditional Use Permit in behalf of CROWN CENTRAL PETROLEUM CORPORATION. The following condition shall be waived: 5, Tha ~nDI ~n+ eh~l I .... I .... t~k tho Rify Council SessJo~ of August 28, !990. The applicant shall comply with the following condition: 5. The applicant shall comply with the architectural rendering reflecting Crown Central Petroleum Corporation's logo colors, fascia material and exterior building finishes. This architectural rendering displayed during the City Council Session of March 10, 1992, is hereby made a part of the proceedings. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 - 26 - Item I II-K.3.a. PUBLIC HEARING ITEM # 35433 BY CONSENSUS, City Council SCHEDULED FOR MARCH 24, 1992, COUNCIL SESSION: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Appendix G to be known as The Southern Watersheds Management Ordinance. AND, Ordinance to AMEND the Comprehensive Plan of the City of Virginia Beach, Virginia, re water quality and related land use planning policies affecting Southern Watersheds Management Area and Transition Area III. March 10, 1992 - 27 - Item III-L.1. APPOINTMENTS ITEM # 35434 Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED: GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE Michael I. Ashe Angela B. Davis Mary Denning W. H. Duis Lillie R. Gilbert Cyd L. Halstead Steven D. Hawthorne Patricia A. Ingmire Joseph A. Mathews Edward R. Orenduff Patricia A. Orr Paul W. Sawyer, Jr. Rick G. Spalenka Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. March 10, 1992 - 28 - Item III-L.2. APPOINTMENTS ITEM # 354 35 BY CONSENSUS, City Council RESCHEDULED the following appointments: TIDEWATER REGIONAL GROUP HOME COMMISSION March 10, 1992 - 29 - Item III-N.1. NEW BUSINESS ITEM # 354 36 ADD-ON Mayor Oberndorf distributed information relative the PREMIERE of "FAMILIES FIRST with Bill Moyers", scheduled March 25, 1992, which she had obtained at the National League of Cities Conference. This program will be broadcast on Public Television and concerns Mfamllles in distress". Bill Moyers reports on an alarming crises in the American social services system and examines a growing national "movement" that has achieved success in keeping families in trouble together through the innovative strategy of working with them in their homes. March 10, 1992 - 30 - Item 111-0.1. ADJOURNMENT ITEM # 35437 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 5;53 P.M. Beverl~O. Hooks, CMC Chief Deputy City Clerk Ruth Hodge~ Sm~ith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 10, 1992 AGENDA ITEM # /A E F G H H/1 I/1 a J/1 K/1/a K/1/b CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: March 10, 1992 PAGE: One SUBJECT BRIEFING: VDOT PREALLOCATION HEARING INFORMAL/FORMAL CERTIFICATION OF EXEC SESSION MINUTES: March 3, 1992 BRIEFING: SOUTHERN WATERSHED MANAGEMENT PUBLIC HEARING: MOTION TO Arthur R. Shaw City Engineer CERTIFIED APPROVED Robt. J. Scott Dir Planning ELECTION DISTRICTS/VOTING PLACES I IOrdnc to AMEND Chapter 10 of Cod~ Sec 10.1 re establishment of election districts/voting places Sec 10.2 re map of election districts Ordnce to APPROPRIATE $55,000 ~Federal Emrgncy Shelter Grant from HUD to Housing/Neighborhood Preservation for homeless assistance activities/authorize agreements LOW BID with advance notice to proceed: ADOPTED AS REVISED ADOPTED APPROVED iASPHALT ROADS & MATERIALS CO INC TCC Offsite Access/S933,167.80 Resolution approving issuance of ADOPTED Peninsula Ports Authority Health System Revenue/Refunding Bonds not to exceed $85,000,000 to finance/construct Virginia Beach I Convalescent Center at 1604 Old Donation Parkway WELCH INDUSTRIES INC CUP: ALLOWED contractor's equipmt storage yard WITHDRAWAL at Central Drive/Patent Drive (LYNNHAVEN BOROUGH) DEMETRIOUS T/GARIFALIA KOULOUKIS iCUP: auto repair garage at Admiral Wright Blvd/Euclid Rd (BAYSIDE BOROUGH) DEFERRED TO 4/14/92 PASSED 10-0 10-0 10 -0 10-0 10-0 10-0 10 -0 10-0 Y Y Y B R A Y Z B I U E R R N Y Y Y Y Y Y Y Y Y Y Y Y C L H 0 B E R I Y Y Y ¥ Y Y Y Y ¥ Y Y ¥ Y E L I S c S [ N Y Y Y Y Y Y ¥ Y ¥ Y Y iY Y Y Y Y Y Y Y Y Y 0 B E R N D 0 R F IY Y P A R K E R Y Y Y JY Y AGENDA ITEM # K/1/c K/1/d K/2/a K/3/a L CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: March 10, 1992 PAGE: Two SUBJECT CALVARY CHAPEL Modification to Magic Hollow Land Use Plan to allow a temporary church on Magic Hollow Blvd/Lynnhaven Pkwy (PRINCESS ANNE BOROUGH) Closure of portion of Lakeside Dr at 15th St to Arctic Crescent in )etition of STAR OF THE SEA CATHOLIC CHURCH (VA BEACH BOR.) RECONSIDERATION OF CONDITION #5 in 8/28/90 Approved Application iof BP OIL CUP: auto service 'station/car wash in behalf of CROWN CENTRAL PETROLEUM CORP at Lynnhaven Pkwy/Pleasant Valley Road (KEMPSVILLE BOROUGH) Ordnc to AMEND the Code, by ADDING Appendix G to be known as The Southern Watersheds Manage- ment Ordinance IOrdnc to AMEND Comprehensive Plan re water quality/related land use planning policies affecting Southern Watersheds Management Area/ Transition Area III APPOINTMENTS: GREENWAYS/TRAILS/BIKEWAYS COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION ADJOURNMENT MOTION TO APPROVED AUTHORIZED FINAL APPROVAL PASSED 10 -0 10 -0 WAIVED CONDITION #5 subject to compliance to new concept filed 3/10/92 as part of the record COUNCIL RESCHEDULED ORDINANCES TO MARCH 24, 1992 APPOINTED: Michael I. Ashe Angela B. Davis Mary Denning I William H. Duis Lillie R. Gilbert Cyd L. Halstead Steven D. Hawthorne Patricia A. Ingmire IJoseph A. Mathews Edward R. Orenduff Patricia A. Orr Paul W. Sawyer, Jr. Rick G. Spalenka 10-0 10-0 RESCHEDULED 5:55 PM U E R M Y Y Y Y Y Y Y Y BY Y Y Y Y BY II I I E lB SIE Y Y .Io N E T R J E L IN o I AI D N G N 0 Y Y Y Y P A R K E R Y Y Y Y Y Y Y Y CONSENSUS Y Y Y Y CONSENSUS I I I I I I