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Home My WebLink AboutSEPTEMBER 26, 1995 MINUTES"WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYFRA E OBERNDC?RFo VICE MAYOR MLLIAM D SE~SOMS, JR, At.L~r~ JOHN A BAUM, Blad~at~ Bomulh LINWOOD 0 BRANCH IlL V,~m~a ~.a~h Bem~llk ROBERT K DEAN, Pri~u Ann~ I,V I~/ HARRISON, JR, Ly*.hawn Bom~h HAROLD I{EISCHOBER, A, Lar~ BARBARA M HENLEY. Pun~ B~mu~h LOUIS R ]ONES, B~y,,& NANCY K PARKER. LOUISA M 5TRAYHORN, Kemp..lit Borough ]AMI % K bPORL City Mun(,g~ Id. SidE L LILI..EY, C~Iy Attorney RUTH HODGES SMITH, CMC I AAE, C~ty CITY COUNCIL AGENDA September 26, 1995 2XI ¢ I1% fl,'(I I I1! '111)IN~, ~.fl NI¢ I1' %1 ( I Nil R % IR¢;INIA BLA( II % IRc,INIA 2t4'ce, ~ln'¢ I. CITY COUNCIL WORKSHOP - Conference Room - 1:30 PM COMPREHENSIVE PLAN II. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM ae SANIFILL OF VIRGINIA/CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL Arthur R. Shaw, Operations EnGineer, Public Works III. AGENDA REVIEW SESSION ae Be REVIEW OF AGENDA CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 5:00 PM ae Be Co CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Ce Reverend Terry Clark Emmanuel Lutheran Church 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. MINIJTES I · 8* INFORMAL & FORMAL SESSIONS SPECIAL FORMAL SESSION September 12, 1995 September 19, 1995 ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PRESENTATION i · HOMEARAMA WATERWISE GARDEN HOME Alby Viola, Viola Builders J. PUBLIC HEARING HOMELESS ADVISORY COMMITTEE REPORT Andrew M. Friedman, Director Housing and Neighborhood Preservation Reverend Frederick Guy, Chairman Homeless Advisory Committee K. ORDINANCES i · CENTRAL LIBRARY: a· Ordinance to APPROPRIATE $252,814 re the lease-purchase of various replacement equipment for the Central Library; and, TRANSFER $21,926 from the Department of General Services FY 1995-1996 Operating Budget to the General Debt Fund to pay the first semi-annual lease payment for the Library equipment. bo Resolution to authorize the City Manager to enter into agreements with Landis & Gyr Powers, Signet Bank/Maryland and Signet Leasing agd-Ff~ial Corporation re energy saving equipment and relatd~services for the Central Library ...... ~ Ordinance to APPROPRIATE $30,000 from the General Fund, Fund Balance, re an interest-free loan to the Sandbridge Volunteer Rescue Squad for the purchase of a replacement ambulance. · Ordinance to authorize and direct the City Manager to execute a Memorand~,m of Agreement with the City of Chesapeake re establishment of the Cooperative Regional Southern Watershed Area Management Program (SWAMP). · Ordinance to authorize the City Manager to execute a License Agreement (#LIC-0-647, effective 1 August 1995 to 31 July 2000) between the City of Virginia Beach and the United States Government re a Satellite Highway Maintenance Yard at the intersection of Oceana Boulevard and Southern Boulevard. Ordinance to authorize License Refunds in the amount of $31,357.61. L. REBOLUT/ON8 I · Resolution re support of the preservation of local control of publio rights-of-way, zoning ordinances and taxation authority in the Telecommunications Reform B~11 proposed by the United States House/Senate Conference Committee. Resolution to ratify the filing of a $2.5-Mtllion low-interest loan application with the Virginia Public School Authority (VPSA) Literary Fund re financing a portion of the costs of Larkspur Middle School. · Resolution re appointment of Michael H. Nuckols as Assistant City Attorney. Resolve Options: Resort Area Franchise Survey Results re commercial waste management services to the Resort Area. M. PUBLIC HEARING - PLANNING 7:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. I · Application of MELVIN A. ANSELL for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance on the East side of Buzzard Neck Road, 1584 feet more or less South of Princess Anne Road (PUNGO BOROUGH). Recommendation: APPROVAL 0 RECONSIDERATION OF CONDITION NUMBERS FIVE, SEVEN, NINE, AND NUMBER ELEVEN BE ADDED, to the March 26, 1990, Approved Application (WILLIAMS CORPORATION OF VIRGINIA) for a Conditional Use Permit for a borrow Dit to SANIFILL, INC., on -- the West side of Centerville Turnpike, South of Brandon Boulevard (KEMPSVILLE BOROUGH). Deferred: April 25, 1995 · Application of SHARON LEEPER GOLESH for a Conditional Use P~ for boarding horses 513 feet West of Dawley Road, 1030 feet more or less North of Gum Bridge Road (3943 Dawley Road), containing 23.75 acres (PUNGO BOROUGH). Recommendation: APPROVAL · Application of VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR (its General Partner) for a Conditional Use Permit for a communications tower on the East side of Ferry Plantation Road, North of East Honeygrove Road (1036 Ferry Plantation Road), containing 1.696 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL · Application of CEMETERY CONSULTANTS, INC. for a Conditional Use Permit for a cemetery~ mausoleums~ columbariums~ chapel~ administrative offices~ equipment maintenance ~Dd storage on the North side of North Witchduck Road, West of Aragona Boulevard (631 North Witchduck Road), containing §5 acres (BAYSIDE BOROUGH). Recommendation-. APPROVAL 0 Application of WARNIE E. CONLEY for a Conditional Use Permit for mini-warehouses on the West side of Holland Road, 650 feet more or less North of Shipps Corner Road (3213 Holland Road), containing 4.90 acres (PRINCESS ANNE BOROUGH). Recommendation- · APPROVAL · Application of OCEAN LAKES CHURCH OF GOD for a Conditional Use ~ for a ~ on the North side of Dam Neck Road, beginning at a point 1550 feet more or less West of General Booth Boulevard, containing 2.319 acres (PRINCESS ANNE BOROUGH)· Recommendation: APPROVAL 0 Application of RALEIGH J. CUTCHINS for a Conditional Use ~_~ for motor vehicle sales and service on Lot 11 and a portion of Lot 10, Block 11, Oceana Gardens (212 First Colonial Road), containing 21,780 square feet more or less (LYNNHAVEN BOROUGH). Recommendation: APPROVAL · Application of THOMAS R. GIROUX (British-European Antique Imports, Ltd.) for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on the South side of Dean Drive, East of Lynnhaven Parkway (2645 Dean Drive), containing 2.450 acres (LYNNHAVEN BOROUGH). Deferred-. July 11, 1995 August 22, 1995 September 12, 1995 Recommendation: APPROVAL N. APPOINTMENTS HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD - STUDENT O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT COUNCIL 8EBSION OF OCTOBER 10, 1995 RKSCHEDULED TO OCTOBER 17, 1995 PUBLIC HEARINGS - CITY COUNCIL CHAMBER OCTOBER 24, 1995 - 6:00 PN NOVEMBER 14, 1995 - 2:00 PN RE: ELECTION DISTRICTS fl fl fl * fl fl fl fl fl * 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) 09/21/95cmd AGENDA\09-26-95. PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 26, 1995 Vice Mayor William D. Sessoms, Jr., called to order the COMPREHENSIVE PLAN WORKSHOP of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, September 26, 1995, at 1:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones and Vice Mayor Willtam D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf William W. Harrison, Jr. Nancy ~ Parker [ENTERED: 7:22 P.M. Observance of Rosh Hashanah] [ENTERED: 1:47 P.M.] [ENTERED: 1:47 P M ] Louisa M. Strayhorn [ENTERED: 2.00 P.M.] -2- CITY MANAGER'S BRIEFING SANIFILL OF VIRGINL4/ CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL 3:10 P.M. ITEM # 39784 Arthur R. Shaw, Operations Engineer - Public Works, briefed City Council relative; M. 2 RECONSIDERATION OF CONDITION NUMBERS FIVE, SEVEN, NINE, AND NUMBER ELEVEN BE ADDED, to the March 26, 1990, Approved Application (WILLIAMS CORPORATION OF VIRGINIA) for a Conditional U$¢ Permit for a borrow pit to SANIFILL, INC., on the West side of Centerville Turnpike, South of Brundon Boulevard (KEMPSVILLE BOROUGH). Depending upon City Council's Decision relative this reconsideration, within the next two to three weeks a resolution will be presented relative an agreement drafted between SANIFILL and the City. The E. V. Williams borrow pit, adjacent to Landfill H and Centerville Turnpike, is an existing lO0-acre borrow ptt operation. On March 26, 1990, City Council granted the property owner a Conditional Use Permit to begin filling the pit with inert material. This includes such materials as: concrete, bricks, stones and dirt. The filling operation would be closed at ground level and become a developable property. E. V. Williams is now proposing a partnership with Sanif'dl of Virginia, a national owner and operator of landfills. They are requesting an amendment to the existing Conditional Use Permit to operate the facility as a construction and demolition (C & D) debris landfill. This would include all materials normally associated with construction such as: wood, wallboard, insulation, shingles, flooring, carpeting, asphalt and various metals. This will require a permit from the Virginia Department of Environmental Quality which will include, among other conditions, the installation of a liner, groundwater monitoring, and a leachate collection system. A proposed contract entitled "Disposal Services Agreement" was submitted by Sanifill on September 6, 1995, which addresses operation and closure arrangements with the City. The Disposal Services Agreement, Correspondence from SPSA, and the Policy Report are hereby made a part of the record. Virginia Beach owns an adjoining 8-acre borrow pit, previously used for cover material for Landfill II. Sanifdl is proposing to lease this property for a nominal fee and include this 8-acre area into the overall construction and operating plan for its facility. The City owned portion of the landfill would be returned for City use upon closure and satisfaction of all environmental monitoring requirements. The Sanifdl owned portion of the landfill will be leased to the City for a nominal fee with incorporation into City View Park being the ultimate objective. Public Works staff is discussing wtth Sanifill the possibility of a cooperative agreement regarding infrastructure improvements and certain operating functions withtn the boundaries of the two adjacent sites that could include the development of groundwater and stormwater management systems, site access roads and traffic control, truck receiving facilities and other infrastructure improvements. The cost for all new or expanded infrastructure attributable to the presence of SaniJ'dl, wouM be borne by SaniJ'dl. Mr. Shaw cited several advantages: The City will have some need for disposal of construction and demolition debris in this part of the City in excess of what can be utilized as cover material or recycled at Landfill II. $5.75 per cubic yard is a reasonable expense for disposing of this material. 2. The existence of this landfill will be of significant benefit to the City in the event of extensive clean-up activities following a disaster such as a major hurricane. September 26, 1995 -3- CITY MANAGER'S BRIEFING SANIFILL OF VIRGINIA/ CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL ITEM # 39784 (Continued) A new C & D debris landfill in the area with a projected 20 year life may be beneficial to the construction industry in Virginia Beach. Sanifdl will pay for all costs for improved joint use infrastructure such as entrance roads, truck receiving facilities, some internal landfill roads and other infrastructure facilities that are directly related to the needs of their operation. They will contribute to other Landfill H operations and capital costs in proportion to the benefit received. The host fee schedule that has been offered should compensate the City for the increased levels for right-of-way maintenance to be expected with this type of operation. No host fee would be collected from the currently permitted inert materials landfill operation. 6. Sanifdl proposed to permanently preserve for the City's use the equivalent storage capacity of the City owned eight-acre site that is proposed to be leased and incorporated into the C & D landfill. ,4 commercial business will be established in Virginia Beach with the resulting payment of licenses, fees and taxes. Mr. Shaw cited the HOST FEE Schedule depicted as Exhibit B on the proposed agreement. The position of the Southeastern Public Service Authority was negative; however, Mr. Shaw was comfortable the City could overcome the majority of their objections. SPSA has not historically sought to handle construction and demolition (C & D) debris. Their objection to the establishment of a commercial C & D landfill within the SPSA area appears to be focused primarily on the recent loss of waste and revenue from their traditional commercial sources and their desire to investigate potential new sources of revenue. The concerns expressed about the effects of a C & D landfill operation on storm water drainage, ground water contamination and other potential conflicts with the City's Landfill H operation can be addressed and satisfied during the permitting process. The State's landfill permitting procedures will require the installation of an impermeable linear, a leachate collections system and other measures to protect the environment. Sanifdl has held a Public Meeting for the Civic Leagues and residents of the area. The meeting was advertised on two occasions in the Beacon and was held on Wednesday, May 17, 1995, at 7:30 P.M. at Brandon Middle School. There were approximately twenty residents in attendance and there did not appear to be any direct opposition to the proposal by Sanifdl September 26, 1995 -4- AGENDA RE VIEW SESSION ITEM # 39785 Councilman Harrison requested a copy of the agreement prior to City Council's consideration: CENTRAL LIBRAR Y: a. Ordinance to APPROPRIATE $252,814 re the lease-purchase of various replacement equipment for the Central Library; and, TRdNSFER $21,926 from the Department of General Services FY 1995-1996 Operating Budget to the General Debt Fund to pay the first semi-annual lease payment for the Library equipment. Resolution to authorize the City Manager to enter into agreements with Landis & Gyr Powers, Signet Bank/Maryland and Signet Leasing and Financial Corporation re energy saving equipment and related services for the Central Library. Council Lady Parker expressed concern relative the lease purchase. ITEM # 39786 Council Members Dean, Baum and Henley referenced: K3 Ordinance to authorize and direct the City Manager to execute a Memorandum of Agreement with the City of Chesapeake re establishment oft he Cooperative Regional Southern Watershed Area Management Program (SWAMP). Concern was expressed relative the creation of another layer of bureaucracy. ITEM #39~7 Councilman Dean inquired how the Telecommunications Reform Bill applies to churches. L. 1 Resolution re support of the preservation of local control of public rights-of-way, zoning ordinances and taxation authority in the Telecommunications Reform Bill proposed by the United States House/Senate Conference Committee. The City staff will advise. ITEM #39~8 City Attorney Leslie L. Lilley introduced Michael H. Nuckols, appointed to the position of Assistant City Attorney. Mr. Nuckols has been with the firm of Kaufman and Canoles for a number of years with an expertise in Commerical Real Estate. Mike attained his undergraduate degree from Princeton Universtty and Law Degree from William and Mary. L. 3 Resolution re appointment of Michael H. Nuckols as Assistant City Attorney. September 26, 1995 I -5- AGENDA RE VIE 14' SESSION ITEM # 39789 Vice Mayor Sessoms advised the following item will be discussed during the Formal Session: L. 4 Resolve Options: Resort Area Franchise Survey Results re commercial waste management services to the Resort Area. ITEM # 39790 BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA: ORDINANCES /I~ SOL UTIONS CENTRAL LIBRARY: ao Ordinance to APPROPRIATE $252,814 re the lease-purchase of various replacement equipment for the Central Library; and, TRANSFER $21, 926 from the Department of General Services FY 1995-1996 Operating Budget to the General Debt Fund to pay the first semi-annual lease payment for the Library equipment. bo Resolution to authorize the City Manager to enter into agreements with Landis & Gyr Powers, Signet Bank/Maryland and Signet Leasing and Financial Corporation re energy saving equipment and related services for the Central Library. IC2 Ordinance to APPROPRIATE $30,000 from the General Fund, Fund Balance, re an interest-free loan to the Sandbridge Volunteer Rescue Squad for the purchase of a replacement ambulance. IC3 Ordinance to authorize and direct the City Manager to execute a Memorandum of Agreement with the City of Chesapeake re establishment of the Cooperative Regional Southern Watershed Area Management Program (SWAMP). IC4 Ordinance to authorize the City Manager to execute a License Agreement (#LIC-0-647, effective 1 August 1995 to 31 July 2000) between the City of Virginia Beach and the United States Government re a Satellite Highway Maintenance Yard at the intersection of Oceana Boulevard and Southern Boulevard. IC5 Ordinance to authorize License Refunds in the amount of $31,357.61. L. 1 Resolution re support of the preservation of local control of public rights-of-way, zoning ordinances and taxation authority in the Telecommunications Reform Bill proposed by the United States House/Senate Conference Committee. L. 2 Resolution to ratify the filing of a $2.5-Million low-interest loan application with the Virginia Public School Authority (VPS/I) Literary Fund re financing a portion of the costs of Larkspur Middle School. L. 3 Resolution re appointment of Michael H. Nuckols as Assistant City Attorney. September 26, 1995 -6- AGENDA REVIEW SESSION ITEM # 39791 Council Lady Henley advised there were no signs posted relative this application and also expressed concern relative the intention to offer occasional horse riding lessons. This activity was not mentioned in the original application. M. 3 Application of SHARON LEEPER GOLESH for a Conditional Use Permit for boarding horses 513 feet West of Dawley Road, 1030 feet more or less North of Gum Bridge Road (3943 Dawley Road), containing 23. 75 acres (PUNGO BOROUGH). This item will be discussed during the Formal Session. ITEM # 39792 Councilman Dean inquired relative the location of the landscaping, as same was not depicted on the landscape plan. Robert Scott, Director of Planing, will advise. M. 6 Application of WARNIE E. CONI~Y for a Conditional Use Permit for mini-warehouses on the West side of Holland Road, 650 feet more or less North of Shipps Corner Road (3213 Holland Road), containing 4.90 acres (PRINCESS ANNE BOROUGH). ITEM # 39793 Councilman Dean expressed concern relative the butler style building: M. 7 Application of OCEAN LAKES CHURCH OF GOD for a Conditional Use Permit for a church on the North side of Dam Neck Road, beginning at a point 1550 feet more or less West of General Booth Boulevard, containing 2.319 acres (PRINCESS ANNE BOROUGH). September 26, 1995 -7- AGENDA REVIEW SESSION ITEM # 39794 BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT AGENDA: M. 1 Application of MELVIN A. ANSELL for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance on the East side of Buzzard Neck Road, 1584 feet more or less South of Princess Anne Road (PUNGO BOROUGH). M.2 RECONSIDERATION OF CONDITION NUMBERS FIVE, SEF~F.N, NINE, AND NUMBER ELE~N BE ADDED, to the March 26, 1990, Approved Application (WILLIAMS CORPORATION OF VIRGINIA) for a Conditional Use/Permit for a borrow pit to SANIFILL, INC., on the West side of Centerville Turnpike, South of Brandon Boulevard (KEMPSVILLE BOROUGH). M. 4 Application of VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CEllULAR (its General Partner) for a Conditional Use Permit for a communications tower on the East side of Ferry Plantation Road, North of East Honeygrove Road (1036 Ferry Plantation Road), containing 1.696 acres (BA YSIDE BOROUGH). M. 5 Application of CEMETERY CONSULTANTS, INC. for a Conditional Use Permit for a cemetery, mausoleums, columbariums, chapel, administrative offices, equipment maintenance and storage on the North side of North Witchduck Road, West of Aragona Boulevard (631 North Witchduck Road), containing 55 acres (BAYSIDE BOROUGH). M. 6 Application of WARNIE E. CONLEY for a Conditional Use Permit for mini-warehouses on the West side of Holland Road, 650 feet more or less North of Shipps Corner Road (3213 Holland Road), containing 4.90 acres (PRINCESS ANNE BOROUGH). M. 8 Application of RALEIGH J. CUTCHINS for a Conditional Use Permit for motor vehicle sales and service on Lot 11 and a portion of Lot 10, Block 11, Oceana Gardens (212 First Colonial Road), containing 21, 780 square feet more or less (L YNNHA VEN BOROUGH). 34.9 Application of THOMAS R. GIROUX (British-European Antique Imports, Ltd.) for a Change of Zoning District Class(Scation from 1-1 L~ht Industrial District to Conditional B-2 Communi~_ Business District on the South side of Dean Drive, East of Lynnhaven Parkway (2645 Dean Drive), containing 2.450 acres (LYNNHAVEN BOROUGH) September 26, 1995 -8- COUNCIL CONCERNS 4:20 P.M. ITEM # 39795 Council Iazdy Henley expressed citizen concerns of individuals riding horses along the road in the rural area, and not cleaning up after then~ particularly when these riders come into the new housing projects. Council Lady Henley advised as there is an ordinance requiring dog owners to clean up after their pets, a similar ordinance might be required for horses. When approving permits for boarding and riding horses, City Council might inquire if the individuals will be riding on site or will they be riding on the roads. This might entail conflicts. ITEM # 39796 Councilman Dean inquired relative the progress of the Social Services Building. The City Manager advised alternatives relative the Social Services Building are scheduled for October 17, 1995. ITEM # 39797 Councilman Dean again referenced his concern relative the use of Mount Trashmore Lake next year for the Earth Day Celebration. The Celebration also wished to set a new Guiness Book Worm Record of a Canoeing Raft up on the Lake. The City Staff had previously advised the Lake could not be cleaned up by next year. ITEM # 39798 The City Manager advised the HOMELESS ADVISORY COMMITTEE REPORT, will only be presented during the City Council Session. Andrew M. Friedman, Director - Housing and Neighborhood Preservation, advised in the contract with HUD, there is no length of time stipulated relative the establishment of a shelter. The key will be to just focus on the report. September 26, 1995 -9- ITEM # 39799 Vice Mayor Sessoms called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 26, 1995, at 4:35 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Absent: Mayor Meyera E. Oberndorf September 26, 1995 - 10 - ITEM# 39~00 Vice Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: 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) (1). To Wit: Appointments: Boards and Commissions: Human Rights Commission Public Library Board - Student I~GAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). School Board Budget - Legal Issues Lake Gaston - Legal Issues Upon motion by Council Lady Strayhorn, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 - 11 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL September 26, 1995 6:00 P.M. Vice Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 26, 1995, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis iZ Jones, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Absent: Mayor Meyera E. Oberndorf [ENTERED: 7:22 PM. Observance of Rosh Hashanah] INVOCATION: Reverend Frederick P. Guy Pastor Messiah Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Councd. Vice Mayor Sessorns' letter of January 10, 1995, is hereby made a part of the record. September 26, 1995 - 12 - Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39801 Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE 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; 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, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf September 26, 1995 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 # 39500 Page No. 10 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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 fi.om Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Excctitive Session were heard, discussed or considered by Virginia Beach City Council. l~th Hodgcs Smith, CMC/AAE City Clerk September 26, 1995 - 13 - Item V- F. 1. MINUTES ITEM tt $9802 Upon motion by Council Lady Strayhorn, seconded by Council Lady Parker, City Council APPROF~D the Minutes of the INFORMAL AND FORMAL SESSION of September 12, 1995: Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: Mayor Meyera E. Oberndorf Councilman Jones ABSTAINED as he was not in attendance during the City Council Session of September 12, 1995. September 26, 1995 - 14 - Item V-F.2. MINUTES ITEM # 39803 Upon motion by Council Lady Strayhorn, seconded by Council Lady Parker, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSION of September 19, 1995. Voting: 7-0 Council Members Voting Aye: John A. Baum, Robert IC Dean, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Linwood O. Branch, III, William W. Harrison, Jr. and Harold Heischober Council Members Absent: Mayor Meyera E. Oberndorf Council Members Branch, Harrison and Heischober ABSTAINED as they were not in attendance during the City Council Session of September 19, 1995. September 26, 1995 - 15 - Item V-G.I. ADOPT ,4GEND,4 FOR FORMAL SESSION ITEM # 39804 BY CONSENSUS, City Council `4DOPTED: ,4GEND,4 FOR THE FORMAL SESSION September 26, 1995 - 16 - Item V-L1. PRESENTATION ITEM # 39805 ADD -ON Vice Mayor Sessoms recognized Kay Griggs, host .for the visitors from Mozambique. Mrs. Griggs presented Sylvia Moraes, an Interpreter, who introduced the delegation from Mozambique, sponsored by the United States Information Agency: Brigadier General Paulino Jose Macringe National Director of Defense Policy Colonel Manuel Domingos Salazar Head of FADM Office of Studies and Planning Brigadier General Abdala Aguiar Da Rosalina Second Commander of Air Force Rear Admiral Manuel Paulama Machava Naval Marine Inspector Nurmomade Abdala Hassano Head of Defense Minister's Office September 26, 1995 -17- Item V-L2. PRESENTATION ITEM # 39806 Alby Viola, Viola Builders, 1995 Vice President of the Tidewater Builders Association, advised Viola Builders was the builder of the Homearama Waterwise Garden Home located in Lago Mar. Mr. Viola extended an invitation to City Council to the VIP Homearama Opening on Friday, October 6, 1995, at 5:00 P.M. TBA appreciated the efforts of City Council to secure water necessary for the City's future. Every possible technology to conserve water in the home has been incorporated into the HOMEARAMA WA TER WISE GARDEN HOME. Mr. Viola extended appreciation to City Employee, Wanda Frank, .for her support on the project. September 26, 1995 - 18 - Item V-J. 1. PUBLIC HEARING ITEM # 39807 Vice Mayor Sessoms DECLARED ,4 PUBLIC HEARING: HOMELESS ADVISORY COMMITTEE REPORT Andrew M. Friedman Director - Housing and Neighborhood Preservation Reverend Frederick Guy Chairman - Homeless Advisory Committee The following spoke in SUPPORT: Mike Fitzgerald, President -Board of Directors of Judeo-Christian Outreach Shelter, Post Office Box 83L Phone: 491-2846 Dick Powell, Executive Director-Judeo-Christian Outreach Shelter, Post Office Box 831, Phone: 491- 2846 Debbie Maloney, Volunteers of Atnerica - Chesapeake, 745 lawrence Drive #202, Phone: 499-9227 Marry Hackenstein, Volunteers of America - Virginia Beach. Judy Shorr, Volunteer Co-ordinator - Samaritan House, 2697 International Parkway, Phone: 430-2642 Brenda McCormick, Executive Director - Mother's, Inc., 417 16th Street, Phone: 491-2887 Larry McCauley, Executive Director - Vets House, Inc., Post Office Box 4186, Phone: 437-8140 There being no further speakers, Vice Mayor Sessoms CLOSED THE PUBLIC HEARING. Upon motion by Councilman Heischboer, seconded by Council Lady Strayhorn, City Council: ,4CCEPTED HOMELESS ADVISORY COMMITTEE REPORT with thanks and directed the City Manager to schedule workshops (within a 30-day time period) for refinement and presentation of a finished product to the Committee and the public. Voting: 10-0 Council Members Voting .dye: John .d. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members .dbsent: Mayor Meyera E. Oberndorf September 26, 1995 - 19 - Item V-K. CONSENT AGENDA ITEM # 39808 ORDINANCES Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council APPROVED in one motion Items, la.b., 2, 3, 4 and 5 of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 - 20 - Item V-IC l. a./b. CONSENT AGENDA ITEM # 39809 ORDINANCES Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ADOPTED: CENTRAL LIBRARY: ao Ordinance to APPROPRIATE $252,814 re the lease-purchase of various replacement equipment]or the Central Library; and, TRANSFER $21, 926 from the Department of General Services FY 1995-1996 Operating Budget to the General Debt Fund to pay the first semi-annual lease payment for the Library equipment. Resolution to authorize the City Manager to enter into agreements with Landis & Gyr Powers, Signet Bank/Maryland and Signet Leasing and Financial Corporation re energy saving equipment and related services .for the Central Library. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $252,814 FOR THE LEASE-PURCHASE OF VARIOUS REPLACEMENT EQUIPMENT FOR THE CENTRAL LIBRARY, AND TO TRANSFER $21,926 FROM THE DEPARTMENT OF GENERAL SERVICES FY1995-96 OPERATING BUDGET TO THE GENERAL DEBT FUND TO PAY THE FIRST SEMI-ANNUAL LEASE PAYMENT FOR THE EQUIPMENT WHEREAS, to increase the energy efficiency of the Central Library, a committee 10 11 comprised of city staff and representatives from Virginia Power has reviewed various alternatives, issued a Request For Proposal for a performance contract, and recommended that the city accept a proposal by Landis & Gyr Powers, Inc (Landis & Gyr); and WHEREAS, this performance contract will require the city to enter into a seven- 12 13 year lease purchase agreement with Signet Leasing and F~nancial Corporauon for acquisition of equipment valued at $252,814 to ~nclude a more energy efficient HVAC controls system, cooling 14 tower, and lighting, plus repair of the humidifiers and a seven-year technical support service 15 agreement with Landis & Gyr; and 16 WHEREAS, existing appropriations m the Department of General Services FYI 995- 17 96 operating budget made available as a result of the energy savings and related efficiencies 18 produced by this eqmpment will be used to offset the annual cost of the lease-purchase and 19 technical support payments; and 20 WHE~, in order to proceed, funds in the amount of $252,814 will need to be 21 appropriated for financing the acqmsmon of the equipment, and $21,926 will need to be 2 2 transferred from the Department of General Servxces FY 1995-96 operating budget to the General 2 3 Debt Fund for the first semi-annual payment. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA. 26 1. that funds in the amount of $252,814 be appropriated to the Department of 27 General Sermces FYI 995-96 operating budget for financing the lease-purchase of 28 replacement eqmpment to be prowded by Land~s & Gyr; 29 2. that estimated revenues be increased an the amount of $252,814 from the 30 31 3. acquisition financing; that an appropriation of $21,926 be transferred from the Department of General 32 Services FY1995-96 operating budget to the General Debt Fund to pay Signet 33 Leasing and Financial Corporation the first semi-annual lease-purchase payment 34 for the equipment provided by Landis & Gyr; 35 36 37 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the dayof September , 1995. 26th 38 39 40 41 APPROVED AS TO CONTENT DEPARTMENT OF GENERAL SERVICES APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY 42 43 ~ERVICES F ~U~q~I..EJE-u'NE~OI~d~CEN'I'I.J~ ORD A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH LANDIS & GYR POWERS, SIGNET BANK/MARYLAND, AND SIGNET LEASING AND FINANCIAL CORPORATION FOR ENERGY SAVING EQUIPMENT AND RELATED SERVICES FOR THE CENTRAL LIBRARY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the City Council desires to acquire certain energy-saving equipment for the Central Library, including, without limitation, a replacement controls system for the HVAC and lighting systems, a larger cooling tower, energy efficient lighting, and equipment for the repair of humidifiers (the "Equipment"); WHEREAS, Signet Leasing and Financial Corporation (the "Lessor") has agreed to purchase the Equipment and to lease it back to the City pursuant to the terms of a Master Equipment Lease/ Purchase Agreement (the "Lease/Purchase Agreement"), between the City and the Lessor, the draft of which has been presented to this meeting; WHEREAS, maximum efficiency of this Equipment would best be realized by entering into a Maintenance Agreement (the "Maintenance Agreement") with Landis & Gyr Powers for technical support, preventive maintenance, and periodic energy-saving audits; and WHEREAS, to provide for the investment of funds provided by the Lessor for the benefit of the City pending the expenditure of such funds on the acquisition of the Equipment by the Lessor, the City Council desires to enter into an Escrow Agreement (the "Escrow Agreement"), by and among Signet Bank/Maryland, the Lessor, and the Lessee, the draft of which has been presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines that it is in the best interests of the City to lease the Equipment pursuant to the terms of the Lease/Purchase Agreement, to invest the funds pursuant 35 36 37 38 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 to the terms of the Escrow Agreement, and to provide for the maintenance and technical support for the Equipment pursuant to the terms of the Maintenance Agreement. 2. The City Manager is authorized and directed to execute the Lease/Purchase Agreement, the Escrow Agreement, and the Maintenance Agreement, which shall be in substantially the forms presented to this meeting, which forms are approved, with such completions, omissions, insertions, and changes not inconsistent with this Resolution as may be approved by the city Manager, whose execution thereof shall constitute conclusive evidence of his approval of any such completions, omissions, insertions, and changes; provided, however, that the cost of the equipment shall not exceed the amount of $252,814, the term of the Lease/Purchase Agreement shall not extend beyond seven (7) years, the interest component of the lease payments to be made pursuant to such Agreement shall not exceed the rate of 5.99%, exclusive of any interest penalties, and the annual payment due under the Maintenance Agreement shall not exceed $13,520 for the first year and not increase more than 4% annually during the term of the Maintenance Agreement. 3. The obligations of the City under the Lease/Purchase Agreement shall be limited obligations payable solely from funds to be appropriated by the City Council for such purpose and shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit or the taxing power of the City beyond any fiscal year for which the City has appropriated. 4. The City believes that funds sufficient to make payment of all amounts payable under the Lease/Purchase Agreement can be obtained. While recognizing that it is not empowered to make any binding commitment to make such payments beyond the current fiscal year, the City Council hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future councils do likewise during the term of the Lease/Purchase 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Agreement. The City Council directs the City Manager, or such other officer as may be charged with the responsibility for preparing the City's annual budget, to include in the budget for each fiscal year during the term of the Lease/Purchase Agreement, an amount sufficient to make the payment of all amounts payable under the Lease/Purchase Agreement. The City Manager is authorized and directed to deliver to the Lessor within ten (10) days after the adoption of the budget for each fiscal year, but not later than ten (10) days after the beginning of the fiscal year, a certificate stating whether an amount equal to the estimated amounts payable under the Lease/Purchase Agreement during such fiscal year has been appropriated by the City Council in any such budget. 5. (a) The City covenants that it will not take or omit to take any action the taking or omission of which will cause the Lease/Purchase Agreement to be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations issued pursuant thereto, or otherwise cause interest due under the Lease/Purchase Agreement to be includable in the gross income of the registered owner thereof under existing statutes. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the funds received under the Lease/Purchase Agreement or the Escrow Agreement, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest due under the Lease/Purchase Agreement from being includable in the gross income for federal income tax purposes of the holder thereof under existing law. (b) The City covenants that during the term of the Lease/Purchase Agreement it will not use or permit the use of the Equipment other than for the purpose of performing one or more governmental or proprietary functions of the City consistent with the scope of the City's authority and will not use or permit the i AN ORDINANCE TO APPROPRIATE $30,000 FROM THE GENERAL FUND, FUND BALANCE FOR THE PURPOSE OF PROVIDING AN INTEREST-FREE LOAN TO THE SANDBRIDGE VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE WHEREAS, the Sandbndge Volunteer Rescue Squad has determined that the current ambulance has a h~gh maintenance habd~ty and has often experienced servme fadures, WHEREAS, the Sandbndge Volunteer Rescue Squad does not presently have adequate funds to purchase the replacement squad truck, but beheves that fund-raising efforts wdl prowde sufficient funds to repay an ~nterest-free loan from the C~ty of V~rglma Beach Loans to Rescue Squads program ~n the amount of $30,000, WHEREAS, the Sandbndge Volunteer Rescue Squad has prewously had ~nterest-free loans from the City and has prod on t~me or ahead of schedule, and foresees no dewabon from that prewous performance on future loans 9 10 11 12 3.3 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $30,000 from the General Fund, fund balance be appropriated as an ~nterest-free loan to the Sandbndge Volunteer Rescue Squad for the purpose of purchamng a replacement ambulance w~th payments to be made ~n equal annual payments of $10,000 due on the 15th day of October each year, beg~nmng on October 15, 1996 and ending on October 15, 1998 26 September Adopted by the Council of the City of Virginia Beach, Virginia on the __ day of ,1995 APPROVED AS TO LEGAL SUFFICIENCY Approved as to Content Department of Management an~PBlJ~get - 22 - Item V-K3. CONSENT AGENDA ITEM # 39811 ORDINANCES Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute a Memorandum of Agreement with the City of Chesapeake re establishment of the Cooperative Regional Southern Watershed Area Management Program (SWAMP). Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 SOUTHERN WATERSHED AREA MANAGEMENT PROGRAM MEMORANDUM OF AGREEMENT WHEREAS, Section 15.1-21 of the Code of Virginia enables local governments to enter into cooperative agreements to exercise those powers that each may be enabled to exercise; and WHEREAS, a Virginia Coastal Resources Management Program grant was obtained by the Hampton Roads Planning District Commission to facilitate and coordinate a "Southern Watershed Area Management Program" with the two local governments, Virginia Beach and Chesapeake; and WHEREAS, the "Southern Watershed Area" has been defined for the purposes of this program as the watersheds of the Back Bay, North Landing River, and Northwest River water bodies (refer to map); and WHEREAS, Section 15.1-446.1 requires every governing body to adopt a comprehensive plan for the territory under its jurisdiction by July 1, 1980; and WHEREAS, the comprehensive plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity, and general welfare of the inhabitants; and WHEREAS, the Local Government Advisory Committee for the Southern Watershed Area Management Program developed consensus on goals and objectives for the Southern Watershed Area Management Program based on and in harmony with the goals and objectives previously developed for the Comprehensive Plans of each locality; NOW, THEREFORE, the signatory parties enter into the following agreement: This Memorandum of Agreement, entered into this~ day of , 1995, between the two cities, Virginia Beach and Chesapeake, establishes the Cooperative Regional Southern Area Watershed Management Program. It outlines the roles and responsibilities of each entity in administering this program. BASIC PREMISES . Section 15.1-431 of the Code of Virginia requires that when a proposed comprehensive plan or amendment thereto, a proposed change in zoning map classification, or an application for special exception for a change in use, or to increase by greater than fifty percent of the bulk or height of an existing or proposed building, but not including renewals of previous approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining county or municipality, then written notice shall also be given by the local commission, or its representative, at least ten days before the hearing to the chief administrative officer, or his designee, of such adjoining county or municipality. This Agreement intends to develop a coordinated mechanism for fulfilling this requirement and going a step further to design a formal process for implementing the Southern Watershed Area Management Program. . The Cities of Virginia Beach and Chesapeake have developed a local government consensus on Watershed goals, objectives, and priorities for the Southern Watershed Area from the goals, objectives, and priorities adopted in the local Comprehensive Plans. This consensus, developed through the Local Government Advisory Committee for the HRPDC "Southern Watersheds Special Area Management Program" (SWAMP) is the basis for developing a broader, more comprehensive environmental and natural resource management program for the Southern Watershed Area. · . The MISSION STATEMENT, GOALS, AND OBJECTIVES for Environmental Management in the Southern Watershed of Chesapeake and Virginia Beach developed through consensus by the Local Government Advisory Committee for SWAMP will be accepted as an integral part of the Cooperative Regional Southern Watersheds Area Management Program. Local Government decisions affecting the Southern Watershed of Chesapeake and Virginia Beach should be consistent with these GOALS and OBJECTIVES. . The Memorandum of Agreement and associated local government responsibilities relating to Virginia Beach and Chesapeake's Southern Watershed Area Management Program serves as an instrument of cooperative regional planning. The policies and related responsibilities effected by this Agreement shall not restrict either locality's legitimate function to study, plan and, if deemed to be in the public interest, adopt appropriate planned land use, zoning, and other development related changes in the defined Southern Watershed Area. Se The policies and related responsibilities effected by this Agreement shall not allow either locality to prevent or restrict the other locality from exercising, at its own discretion, what it determines to be the appropriate use of lands contained within its boundaries. 1 This Agreement establishes the administrative framework which will be used by the two local governments to ensure that planning and management initiatives affecting the Southern Watershed of Chesapeake and Virginia Beach are coordinated and integrated. . This Agreement applies only to the cities of Virginia Beach and Chesapeake. Both local governments will be participants in and signatories to the Agreement. 8. This Agreement shall remain in effect until either signatory local government shall elect to withdraw. The Agreement may be amended at any time with both cities' consent. LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of this Agreement, the signatory local governments are responsible for the following: The signatory local governments shall appoint a staff person to serve as the "Southern Watershed Coordinator." The Southern Watershed Coordinator will have the following duties: A. The Coordinator will serve as the point of contact for all issues relating to, and requests for information regarding, the Southern Watershed Area. Be The Coordinator will identify and monitor local issues and proposals which may affect the Southern Watershed Area. The Coordinators for Chesapeake and Virginia Beach will keep one another advised of such issues and proposals as they arise and develop. Co The Coordinator, or designee, will attend all meetings for the Southern Watershed Area Management Program. Do The Coordinator will promote and further the goals and objectives of the Southern Watershed Area management Program. . A formal institutional staff-level process for cooperative environmental management of the Southern Watershed will be designed and implemented. A schedule of regular meetings for information exchange between the two signatory . e . . e 0 10. local governments will be developed. The MISSION STATEMENT, GOALS, and OBJECTIVES developed by the Local Government Advisory Committee for the HRPDC SWAMP are intended to serve as the framework for decisions made by the two signatory local governments. The PRIORITIES developed by the SWAMP Committee are intended to serve as the basis for developing an action plan for the Southern Watershed Area, unless public interest dictates otherwise. The two signatory local governments should continue informal discussions concerning broader coordination of development review affecting the shared resources in the Southern Watershed Area. Through the Cooperative Regional Southern Watershed Area Management Program, the signatory local governments should develop educational materials on the sensitive lands, water quality issues, and general significance of the natural resources of the Southern Watershed to provide to public officials and citizens. Through the Cooperative Regional Southern Watershed Area Management Program, the signatory local governments should aspire to coordinate and integrate the multitude of activities and interests in the Southern Watershed Area, including endeavors of State and Federal Agencies within the area. Through the Cooperative Regional Southern Watershed Area Management Program, the signatory local governments should continue analysis of technical water quality studies, including exploring the opportunity for watershed-wide educational water quality monitoring programs. The Cooperative Regional Southern Watershed Area Management Program will not require financing or budgeting from or by the signatory local governments. The Cooperative Regional Southern Watershed Area Management Program will not purchase, own, hold, or convey any real or personal property. The Cooperative Regional Southern Watershed Area Management Program will not undertake any endeavors which may expose the signatory local governments or the Program to liability. APPROVED AS TO CONTENT City of ~rgima Beach Department of Planning ^s "- City of V~rg~ma Beach,/ City Attorney APPROVED AS TO CONTENT City of Chesapeake Department of Planmng APPROVED AS TO FORM C~ty of Chesapeake C~ty Attorney CITY OF VIRGINIA BEACH, VIRGINIA By: CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER (SEAL) ATTEST: CITY CLERK STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, , a Notary Public in and for the City and State foresaid, do hereby certify that CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO § 2-154 OF THE CITY CODE, whose name is signed to the foregoing agreement, bearing date the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . NOTARY PUBLIC My Commission Expires: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE CITY OF CHESAPEAKE TO ESTABLISH THE COOPERATIVE REGIONAL SOUTHERN WATERSHED AREA MANAGEMENT PROGRAM WHEREAS, Section 15.1-21 of the Code of Virginia authorizes localities to enter 8 into cooperative agreements for the joint exercise of municipal powers and privileges; and WHEREAS, the Southeastern Virginia Region is a physical bridge between two 10 major watersheds - the Chesapeake Bay and the Albemarle-Pamlico Estuarine Complex; and 11 WHEREAS, both watersheds are home to a large variety of unique 12 environmental resources and both are subject to intense development pressures and intense 13 management scrutiny; and 14 WHEREAS, the Southern Watershed area of Virginia Beach and Chesapeake is 15 a bridge between the two major watersheds; and 16 WHEREAS, the Southern Watershed area has received relatively little attention 17 from outside the local area; and 18 WHEREAS, staff from the cities of Virginia Beach and Chesapeake, along with 19 staff from the Hampton Roads Planning District Commission and the Virginia Dare Soil and 20 Water Conservation District, began meeting in February, 1994 to discuss mutual areas of 21 concern; and 22 WHEREAS, staff have developed a consensus agreement on critical watershed 23 problems, common ~nterests, and shared goals and objectives for management of the Southern 24 Watershed area; and 25 WHEREAS, staff have additionally ~dentified the need for additional water quality 26 and other resource information to support management decisions; and 27 WHEREAS, the City Council of the City of Virginia Beach finds that it will 28 beneficial to continue these efforts and more formally work jointly with the City of Chesapeake 29 in furthering the goals and objectives established under the Southern Watershed Area 30 31 Management Program; and WHEREAS, the City of Virginia Beach thereby proposes and agrees to enter into 32 a Memorandum of Agreement with the City of Chesapeake for the purpose of establishing the 33 Cooperative Regional Southern Watershed Area Management Program. 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA, that the City Council of the City of Virginia Beach does 36 hereby authorize and direct the City Manager to execute the Memorandum of Agreement, a copy 37 of which is attached hereto, for the formation of the Cooperative Regional Southern Watershed 38 Area Management Program with the City of Chesapeake. 39 40 This ordinance shall be effective from the date of ~ts adoption. Adopted the~26 day of Sei~temb,e[995, by the Council of the City of Virginia 41 Beach, Virginia. APPROVED AS TO CONTENT Department of Planning APPROVED AS TO-~~~~ C~ty Attorney CITY OF CHESAPEAKE, VIRGINIA By: CITY MANAGER (SEAL) AII'EST: CITY CLERK STATE OF VIRGINIA CITY OF CHESAPEAKE, to wit: , a Notary Public in and for the City and State foresaid, do hereby certify that CITY MANAGER, whose name is signed to the foregoing agreement, bearing date the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . NOTARY PUBLIC My Commission Expires: J^! CiTY \ WILL IAMSBt (') / ;ON SUSSEX FRANKL I N SURRY / / / / ISLE OF WIGHT / / / / SUFFOLK .o,ni'~6cI~--" GATES SOUTHERN WATERSHED AREA'. VIRGINIA BEACH AND CHESAPEAKE CN4DEN t ~ ELIZMET~ ClT PEROUII~HS ~' CURRITUCK ALBEMARLE SOUND 0 10 20 30 6 ~ SCALE IN MILES IS A QUARTERLY PUBLICATION OF THE HAMPTON ROADS PLANNING DISIRICT COMMISSION. AND IS FUNDED BY THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, THE VIRGINIA COUNCIL ON THE £NVIRONMENTo ANO AREA LOCAL OOVERNMENTS A Guide to The Southern Watershed Area Management Program (SWAMP) What is SWAMP? The Southern Watershed Area Management Program is a joint project of the Cities of Virginia Beach and Chesapeake, coordinated by the Hampton Roads Planning District Commission and funded in part by the Virginia Coastal Resources Management Program. The Program's purpose is to develop a coordinated management plan for the Southern Watershed Area which encompasses the watersheds of Back Bay, Northwest River and the North Landing River. The SWAMP process: The Local Government Advisory Committee for SWAMP consists of local government technical resource personnel from the Cities of Virginia Beach and Chesapeake and a representative from the Virginia Dare Soil and Water Conservation District. The Local Government Advisory Committee met consistently PEROUIHAN$ RTFORO CURR I TiCK ALIEMAItLE $OUNO between February 1994 and March 1995. In an effort to reach consensus on the issues, the Committee worked as a team to identify critical watershed problems and priorities. Goals and Objectives for management of the watershed area and a coordinated management approach for the future were developed. Recommendations for future technical studies, research and data needs were also identified in the process. Through an iterative consensus building approach with the advisory committee, HRPDC staff assisted in the process and served as a link between this project and the large variety of activities which are underway in the watershed by federal, state, local and private groups. Existing technical studies were examined to try to determine the current conditions in the watersheds and identify technical information needs to support improved local government management of watershed lands and resources. By working together to analyze current conditions and management techniques, the two local governments identified problems and solutions, reached consensus on goals and objectives and developed an integrated process for managing the area. SWAMP Priorities: The Local Government Advisory Committee identified the following management priorities for the Southern Watershed Area: 1. Develop Common goals and a shared vision for the Southern Watershed Area. 2. Provide for multiple uses of waterways and watersheds. 3. Manage nonpoint sources of pollution. 4. Number of agencies and interests in Southern Watershed Area illustrates need for an on-going forum or clearinghouse for information. 5. Manage competing uses in watershed. 6. Identify and reduce data gaps to help further the mission statement. SWAMP Mission Statement, Goals and Objectives: The Local Government Advisory Committee reached consensus on a mission statement, goals and objectives for the Southern Watershed Area. These goals and objectives are both representative of the Committee's opinions (as a composite of the two local governments) and consistent with the Comprehensive Plans of the two local governments. MISSION STATEMENT Natural Resources, sensitive lands, and water supplies of the Southern Watersheds of Virginia Beach and Chesapeake should be protected and enhanced. GOAL # '1: WATER QUALITY SHOULD BE PROTECTED AND ENHANCED FOR WATER SUPPLIES AND NATURAL RESOURCES CONSERVATION. Objectives: 1. Protection of water quality for water supply of the Northwest River Treatment Plant. 2. Achieve improved water quality, stormwater management control and flood control through application of local, state and federal programs and initiatives. · 3. Study the potential for educational programs for water quality monitoring. 4. Educate citizens, the development community and public officials on the importance of water quality issues including water supply and stormwater. GOAL # 2: PRESERVE OPEN LANDS TO HELP PROTECT AND ENHANCE WATER QUALITY: Objectives: 1. Preserve critical edge habitat areas, marshes and swamps by application of preservation zoning, conservation easements and any other a development incentives. 2. Educate citizens, the develo community and public officials on the importance of open space, agricultural and forested lands and other natural resources. - GOAL #3: ENSURE COMPATIBILITY OF RECREATIONAL ACTIVITIES AND COMMERCE WITH NATURAL RESOURCE PROTECTION Objectives: 1. Acquire and develop adequate public and private park land and open space that compliments the existing park system. · 2. Encourage appropriate management techniques (such as conservation and water wise landscaping, etc.) for public and private recreational facilities for water quality and habitat protection. 3. Coordinate activities and management of inter-coastal waterways with natural resource and water quality protection. 4. Coordinate local activities with state and federal programs such as the North Landing Public Access Program and the North Landing River Conservation Program, and so forth. Note: For the following goals and objectives, "Southern Watersheds" will be defined as the Southern Rural Area for Virginia Beach and the Rural Overlay District for Chesapeake. It does not include the entire Southern Watershed Area. GOAL # 4: THE CHARACTER OF THE SOUTHERN WATERSHED SHOULD REMAIN RURAL WHILE PROVIDING FOR RURAL RESIDENTIAL DEVELOPMENT Objectives: 1. Infrastructure improvements within the Southern Watershed should represent those necessary to support a rural area, should be consistent with local planning policies, and should minimize the increase in impervious surface that prevents groundwater recharge and increases salt water intrusion. Item V-K. 4. CONSENT AGENDA ITEM # 39812 ORDINANCES Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize the City Manager to execute a License Agreement (#LIC-0-647, effective 1 August 1995 to 31 July 2000) between the City of Virginia Beach and the United States Government re a Satellite Highway Maintenance Yard at the intersectton of Oceana Boulevard and Southern Boulevard. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE UNITED STATES GOVERNMENT FOR A SATELLITE HIGHWAY MAINTENANCE YARD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the City of Virginia Beach has maintained a satellite highway maintenance yard at the intersection of Oceana Boulevard and Southern Boulevard in the City of Virginia Beach under a license agreement for the past fifteen years; WHEREAS, the property at said location is owned by the United States Government; WHEREAS, the last license agreement with the U.S. Government expired July 31, 1995; WHEREAS, the U.S. Government agrees to grant a renewal license to the City of Virginia Beach for the use of said property for a period of five (5) years commencing August 1, 1995 and ending July 31, 2000; and WHEREAS, the City Council agrees that the City should agree to license the property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the attached license agreement (see Exhibit A) is hereby approved. 2. That the City Manager is authorized and directed to execute the license agreement between the City of Virginia Beach and the United States Government for the location of a satellite highway maintenance yard at the intersection of Oceana Boulevard and Southern Boulevard. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 day of September 1995 32 33 34 35 CA-6062 ORDIN\NONCODE\mainyard.ord R-1 PREPARED: 08/30/95 APPR(DVED AS TO C,O~',~'i".,''',TS / DEI:)AR1 MENT AFPROVEr) AC TO LEGAL SUF~ ;CIENC f A~'4D r,.. RM CITY ATTORNF:Y UCENSE FOR NONFEDERAL USE OF REAL PROFERTY ~ ON 114E I~ ~11~ 1.1~ ~ ~~~~ ~~TO~Y~~H~. H6247~gS-RP~281 I 1. ~VAL A~VI~ ~yl~) ~ DATES COVERED ~~) ~ll Air S~tlo~ Vlrglnb B~ch, Vl~lnb 23&5120 FR~ I Aug 1995 TO 31 Jul 2~ ~ D~RI~ OF PROPER~ (~1~ TWO acres of ~nd on the ~uthwe~ern corner at the intersection of Oceana and So.bern Boulevards as shown on Exhibff LICENSE NUMBER UC-0-0647 All correspondence pedaining to this document should Include a reference 4. PURPOSE OF LICENSE Satellite highway maintenance yard L LICEleSOR City of Virginia Beach UHITED STATES OF AMERICA DEPARTMEHT OF THE NAVY 6.- LICENSEE iNam~ ~ addr~) City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456-9002 Sa. LOCAL REPRESENTATIVE, DEPT, OF NAVY OFFICIAL (T/t/e and addreu) Commanding Officer, Naval Air Station, Oceana Virginia Beach, Virginia 23460-5120 84. LOCAL REPRESENTATIVE (Name and addresa) Mr. Jim Lawson, City Real Estate Agent Office of Real Estate City of Virginia Beach, Municipal Center Operations Building, Room 170 Virginia Beach, Virginia 23456-9002 7. CASH PA~fMENT BY LICENSEE (Payable In advance) (If no cash pa~,ment is required, enter 'None' under ~ 7a 'Amount') . . AMOUNT(Eagh b. FREQUENCY c. FIRST DUE DATE d. TO(17tleandaddr~ssofloealrepresentatlveoftheOovernment) payment) PAYMENTS DUE U.S. Treasury $3,000.00 ~w,u,,y ~,~,,~ I Aug 95 Atiantlc Dlvlalon, Naval Facilitlea Engineering Command 1510 Gilbert Street Norfolk, Virginia 23511-2699 (AT'TN: Code 0112) 6, DEPOSIT FOR t, rl*lCmES ANt:) SERVICES (Payable In advance) (If no cash payment is required, enter 'None' under ~tem 8a 'Amount') AMOUNT (Each b. FREQUENCY c. FIRS*~ DUE DATE d. TO (Ma/l/ng,4ddreas) del:ms/t) PAYMENTS DUE None , , .. ,. TYPE L FIRE AND EXTENt)ED COVERAGE b. THIRD PARTY $ None PROPERTY DAMAGE ii i i · i 10. GENERAL PROVISIONS (See Rwws~ S/de) 9. INSURANCE REQUIRED AT EXPENSE OF UCENSEE (If any or all tnsurance reqtarements have been wawed, enter 'None' k~ a, b, c, ancl d as approprmte) MINIMUM AMOUNT TYPE MINIMUM AMOUNT · $ None ¢. THIRD PARTY PERSONAL INJURY PER PERSON d. THIRD PARTY PERSONAL INJURY PER ACCIDENT The second sentence of General Provisions 10.h. was deleted and Addendum Number I and General Provisions 10.o. and 10.p. were added prior to its execution. This license succeeds Ucense N62470-91-RP-00185 " Non~ None i , , IL EXECUTION OF UCENSE BY NAME AND TITLE (Typed) SIGNATURE IbM E~t.t~ Cont~c~ng ~ , i i I I FOR DATE DEPARTMEHT OF THE NAVY LICENSEE ~'~ ~ a Corpora~ron. Cer~#caUon m',s~gna~ure ~ atmcY)ed k~J 10. GENERAL PROVISIONS whk~ ~e I~en~me a~e ~aW~. ~ e~:mM.~KI bm, hc~. I~) mhd Ibm U~ d fTmde v~th l Q(Nl:mb k~' ils oeMm'll beflM'd. supplie~ M mw m~tm'mls. o. The holde~ agrees that the government, d officem, agents. and em~ayees ~(:]il be released from all ial31ity an all suds, clairn~, octior~, or demands in any way related to or onsing urx:le~ the holder'S, use of the property. This releose includes, but b not tin'died to om er~romentol ~uits. clairr~, and enforcement octtor~,;whethe~ ansing dufl~ the ho(deKs coat--on on or use of the p~operty, o~ afte~ such p, The City of Virginia Beach, Vkonia is seif-r~Jred for its pl'k'na~ level of iial::xlty. Addendum Number One: The following provisions are incorporated into and made a part of this license: 1. The Licensee is hereby restricted from erecting, contructing, growing, or installing, whether public or private, any structure, building, antenna, tower, wire, tree, or other obstruction, excepting two 30-foot street lights, stockpiles of sand, stone, gravel, and other stored materials not exceeding 30-feet above grade elevation, an 8 X 8 X 8-foot personnel shelter, a (i-foot chain link fence, and a gas pump. 2. At the Licensee's cost and expense and free from any consequential damages, the Government has the right to alter or remove all structures, buildings, or other obstructions, whatever their nature, extending more than the height previously described which shall be erected, constructed, or installed on the property from and after the date of this instrument. 3. The Licensee at its own cost and expense shall cut down, top or trim all trees, plants, vines, and like obstructions. In particular, the red-tipped photinia adjacent to the perimeter chain-link fence shall be shaped and shall not excee¢ a lieight of 1-foot above the fence-top level. · 4. No discharge of visible emissions into the outdoor atmosphere from any source situated on the above-described property shall exceed 20% opacity. 5. No lights shall be constructed or installed which will impair pilot vision or produce confusing patterns (color and/or pattern of layout) which could be mistaken for any lighting system associated with aircraft/airfield operations. All projective lighting equipment (as defined in the Illumination Engineering Society Handbook), such as floodlights and searchlights, and all protective lighting, such as street lights, shall have positive optical control., so that no direct light is emitted above the horizontal plane. 6. On the above-described property no bird-feeding stations shall be constructed or maintained, nor shall grain crops be planted that will not be harvested when mature. 7. Title to Licensee-installed improvements shall remain in the Licensee during the term and all renewal period thereafter. Upon the expiration, surrender, prior termination of this license, or any renewals thereof, Licensee shall, to the extent directed by the Licensor, remove all of its improvements from and shall restore the licensed premises in a manner satisfactory to the Licensor and at the sole cost and expense of the Licensee to the condition in which it was received. All property not so removed shall be deemed abandoned by Licensee and may be used or disposed of by the Licensor in any manner whatsoever without any liability to the Licensee. However, such abandonment shall in no way reduce any obligation of the L.icensee for restoration of the licensed premises. The Licensee may with the approval of the Licensor abandon all or any part of the improvements pieced on the licensed property. In which event the Licensee's liability for restoration shall be limited to such area or areas of the licensed property wherein the Licensor has not accepted the improvements in lieu of such restoration. 8. It is expressly understood by the Licensee that in the event future military requirements necessitate Licensor's use of the licensed premises, this license may be terminated by Licensor at any time without any requirement for prior notice. 9. All expenses of any nature incurred by the Licensee through its use of the licensed premises shall be defrayed by the Licensee at no cost to the Licensor. lO. The Licensee by giving at least 30-days notice may terminate this agreement, if the funds to pay for the license are not appropriated by the Council of the City of Virginia Beach, Virginia. In no event are any funds that have already been paid to the Licensor to be refunded. APPROVED AS TO LEG-AL IArlHEWS SQ 'CE ArlIIIUR Cl' ~ , I('[ lAMES CT N CAIHiRINE CT ~ THOMAS LA ~ 4TH I~ICAU APPLE CT LGO S p OT'TF..P.S Hit L MEADOW CT HILL MEADOW DB GREEN OAKS DR TWIN OAKS LA OAKSHIRE DR S IT£ ~Y RIOGE CT :EAN SIDE CT ~A COVE CT ATLANTIS DR RIVER BIRCH CT I[ s, OCEAN PEBBLE WAY SAWGRASS BEND SHIPSHOAL WAY Owl~ Cf~k //// OC ,//- -- ; 8ROO~L¥N // /' AVE ' ~ CITY OF VIRGINIA BEACH ~.. ' ;SATELLITE HIGHWAY MAINTENANCE YARD ~ - Seat, OCEANA BLVD. AT SOUTHERN BLVD.' PREPARED BY PW/ENGINEERING DRAFTING AUGUST 8, 1990 SCALE:1"=1600' ~ /- / / I · CERTIFICATE OF SIGNATURE (NAME 6~ CERTIFYIN~ OFFICIAL) , certify that I am the (T'~ oF C'EATiFYiNG OFFICI.~.) of the · (CORPORATE 'NAME)- named as Licensee of the attached License; that , who signed said license 'iNAI~IE OF OFFICIAL'THAT ~IG~ED I:.iCENSE) on behalf of the Ucensee, was then thereof; (Tm.~ ~ ~ THAT S~NED ~ENSE) that said Ucense was duly signed on behaff of. (COR~RATE ~E) ' by authority of its governing body, and Is within the scope of its powers. Date: . Signature: (SEAL HERE) (CERTIFYING OFFICIAL) - 24 - Item V-KS, CONSENT AGENDA ITEM # 39813 ORDINANCES Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $31,357.61 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Pa~d Base Penalty Int, Total Strautman, Michael V. 1993-94 T/A Virginia Beach Firearms 804 Chigwell Court Virginia Beach, VA 23454 That Real Estate Company, Inc. 5425 Robin Hood #225 1993-94 Norfolk, VA 23513 Umi, Incorporated T/A United Masonry 5621 Vine Street Alexandria, VA 22310 Audit 10.00 Audit 946.79 1993-94 Audit 204.86 10.00 946.79 204.86 Certified as to Payment '---RO~ P Vaughan ~ Commissioner of the Revenue Approved as to form' Les~e L. Ul~ey '" ~ City Attorney Th~s ordinance shall be effechve from date of adopbon The above abatement(s) totahng $1,161.65 were approved by the Council of the City of V~rg~ma Beach on the 26 day of September 19,9~9 ~ Ruth Hodges Smith C,ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ,,, That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penalty Int. Year Paid Total Lepofsky, Paige A. T/A Pal Distributing 59 Katie Drive Ashford, AL 36312 Paasch and Harvey, Inc. T/A Deals on Wheels II 1736 Independence Blvd. Virginia Beach, VA 23455 Perry, Mark L. 3910 Inverness Road Virginia Beach, VA 23452 1994 Audit 30.00 1993-95 Audit 600.00 1992-94 Audit 25.74 30.00 600.00 25.74 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totahng $655.74 of the City of Virg~ma Beach on the 26 day of Cemhed as to Payment '-~l~obert P. Vaughan Commissioner of the-'Revenue Approved as to form: Leslie k. Lilley ,~-~----~ City Attorney were approved by the Council Setpember , 19 95 Ruth Hedges Smith - city Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commismoner of the Revenue are hereby approved: NAME Ucense Date Base Penalty Int. Year Paid Johnson, William T. Dr. 1994 T/A Johnson, Holland, Warren & Wong 2017 Pleasure House Road Virginia Beach, VA 23455 Johnson, Everett A. Jr. 1994 T/A Business Management Services 741-077 Willow Lake Circle Virginia Beach, VA 23452 Keck, Alan W. T/A Bay Shore Publishing 2360 Haversham Close Virginia Beach, VA 23454 Audit 1,964.02 Audit 114.00 1993-94 Audit 40.00 Total 1,964.02 114.00 40.00 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $2, ii8.02 26 of the City of Wrgmm Beach on the day of Cemfled as to Payment ~obe~ P. Vaugh~if'~ Comm~smoner of the Revenue Approved as to form: eshe L. Lilley ~ C~ty Attomey were approved by the Council 95 September , 19 ~ Ruth Hodges Smith - c~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: .., That the following apphcations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Year Paid Total Guidelines, inc. 3160 Lynnhaven Drive Virginia Beach, VA 23451 1993-95 Audit 55.32 Honey Tree, Inc. The 1137 Revere Point Road V~rginia Beach, VA 23455 1994-95 Audit 522.62 Hudson Associates Consulting, Inc. Danny R. Kirsch 1993-95 P.O. Box 68609 Virginia Beach, VA 23455 Audit 72.73 55.32 522.62 72.73 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $650.67 of the City of V~rg~ma Beach on the 26 day of Cert~hed as to Payment. /------'R~obert P Vaughar~-,2 Commissioner of the Revenue Approved as to form: LeSl',e L. L~'leY-' ~ C~ty Attorney were approved by the Councd Setpember , 19 95 Ruth Hodges Smith C~ty Clerk FORM NO C.~. ~ REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the followIng applications for license refunds, upon certification of the CommIssioner of the Revenue are hereby approved: License Date Base Penalty Int. NAME Year Prod Total Dover Elevator Company P.O. Box 2177 Memphis, TN 38101 1994 Audit 263.71 Fieldcrest Cannon, Inc. 1994 326 E Stadium Road Tax Department Eden, NC 27288 Goldsticker, Edmund R. 1994 5041 Corporate Woods Drive #240 Virginia Beach, VA 23462 Audit 534.29 Audit 635.60 263.71 534.29 635.60 Th~s ordinance shall be effective from date of adopbon The above abatement(s) totahng $1,433.60 of the C~ty of Virg~ma Beach on the 26 day of Certified as to Payment C~l~o6ert P Vaugh ~-'~ Commissioner of the Revenue Approved as to form C~ty Attorney were approved by the Councd September , 19 ~ 95 Ruth Hodges Smith C~ty Clerk FORM NO C.A. 8 REV 3/8~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following apphcat~ons for license refunds, upon cert~ficabon of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total Advanced Water Technology of VA 8413 Londonshire Drive 1994 Charlotte, NC 23216 Alderson, Gloria J. T/A Corkys Bail Bonds P.O. Box 1165 Virginia Beach, VA 23451 Audit 100.51 Andino, David T/A Janl King 4712 Goepper Louisville, KY 40258 1993-94 Audit 210.00 1995 Audit 42.00 100.51 210.00 42.00 Th;s ordinance shall be effective from date of adophon The above abatement(s) totahng $352.51 of the C~ty of V~rg~n~a Beach on the 26 day of Cert~hed as to Payment ~~'"~ert P Vaugharv....~ Commissioner of the Revenue Approved as to form Leshe L Ldley ""'/-----------~ C~ty Attorney were approved by the Council September , 19 95 Ruth Hodges Smith C~ty Clerk FORM NO C.A. 6 REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the followIng applications for license refunds, upon certiflcahon of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. NAME Year Paid Total Burlage Associates T/A Hilton Inn 800 Atlantic Avenue Virginia Beach, VA 23451 1993-95 Audit 1,582.67 Burger King Corporation Attn: Eliz Prado Corporation Account 6N 17777 Old Cutler Road 1991 ~2 Miami, FL 33157 Delaney, Daniel J. 1962 E Oceanview Avenue Norfolk, VA 23503 Audit 22,208.40 1992-94 Audit 144.00 1,582.67 22,208.40 144.00 ThIs ordinance shall be effective from date of adoption The above abatement(s) totahng $ 23,935,07 26 of the City of V~rgm~a Beach on the day of Cerbhed as to Payment ~C~rt P Vaugh'an// Commissioner of th[~'-Revenue Approved as to form ~esl~e L. L, Iley C~ty Attorney were approved by the Council September , 19 95 Ruth Hodges Smith C~ty Clerk FORId NO C~. ~ REV AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the followIng apphcat~ons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. NAME Year Prod Total Bellsouth Communications, P.O. Box 5455 Roanoke, VA 24012 Inc. 1993-94 Audit 276.31 Benraz Interiors, Inc. T/A Superior Interiors 4965 Cleveland Street Virginia Beach, VA 23462 1995 7-26-95 157.92 Brown & Root Services Corporation P.O. Box 3 License Department Houston, TX 77001-0003 1993-1995 Audit 616.12 276.31 157.92 616.12 Th~s ordinance shall be effective from date of adopbon The above abatement(s) totahng $1,050.35 of the C~ty of V~rgm~a Beach on the 26 day of Cerbfled as to Payment ~en P Vaughan~ Commissioner of the Revenue Approved as to form' eshe L LIIl~-y - ~ C~ty Attorney were approved by the Councd September , 19 95 Ruth Hodges Sm,th C~ty Clerk - 25 - Item V-L. CONSENT AGENDA ITEM it 39814 RESOLUTIONS Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council APPROVED in one motion Items, 1, 2 and 3 of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 CONSENT AGENDA ITEM # 39815 RESOLUTIONS Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ADOPTED: Resolution re support of the preservation of local control of public rights-of-way, zoning ordinances and taxation authority in the Telecommunications Reform Bill proposed by the United States House/Senate Conference Committee. Voting: 9-0 (By Consent) Council Members Voting Aye: John .4. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 A RESOLUTION IN SUPPORT OF THE PRESERVATION OF LOCAL CONTROL OF PUBLIC RIGHTS-OF-WAY, ZONING ORDINANCES, AND TAXATION AUTHORITY IN THE TELECOMMUNICATIONS REFORM BILL 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Congress of the United States is considering a far-reaching telecommunications reform bill; WHEREAS, members of a House/Senate conference committee are expected to begin negotiating the final provisions of the telecommunications reform bill in October; WHEREAS, there are several key issues which affect local governments that will be addressed by the conference committee; WHEREAS, it is imperative that local governments retain authority to regulate the use of public property and to protect the public interest; and WHEREAS, the City of Virginia Beach, therefore, supports provisions in the bill which will preserve local control of public rights-of-way, zoning ordinances, and taxation authority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the U. S. Congress to include in any telecommunications reform bill provisions to ensure that: 1. The authority of local governments to manage and receive fair, reasonable, and non-discriminatory compensation from all telecommunications providers for the use of public rights-of- way is preserved; 2. Non-discriminatory zoning ordinances governing the placement of satellite receiving dishes, and cellular towers and antennas remain under local jurisdiction; 3. Direct broadcast satellite service providers may be locally taxed the same as other businesses; and 32 33 34 35 36 37 38 39 40 41 42 4. Public, education, and governmental (PEG) access to common carrier video platforms is required under rules currently in place for cable operators. BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to provide certified copies of this resolution to each member of the City's delegation to the U. S. Congress. This resolution shall be effective on the date of its adoption. Virginia, on the 26 Adopted by the Council of the City of Virginia Beach, day of September , 1995. 43 44 45 46 CA-6084 ORDIN\NONCODE\REFORM.RES R-1 PREPARED: 09/18/95 APPROVED AS TO LEGAL '~epartrnent of Law - 27 - Item V-L.2. CONSENT AGENDA ITEM # 39816 RESOLUTIONS Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ADOPTED: Resolution to ratify the filing of a $2.5-Million low-interest loan application with the Virginia Public School Authority (VPSA) Literary Fund re financing a portion of the costs of Larkspur Middle School. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy ~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 A RESOLUTION RATIFYING THE FILING OF A LOAN APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL AUTHORITY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, by Resolution adopted September 22, 1992, City Council approved an application of the School Board to the State Board of Education for a low-interest loan from the Literary Fund to finance a portion of the costs of Larkspur Middle School; WHEREAS, following this approval, the State Board of Education authorized the loan and placed the Larkspur Middle School project on the Literary Fund waiting list pending the availability of funding; WHEREAS, the State Department of Treasury has notified the City of the 1995 Virginia Public School Authority (VPSA) Interest Rate Subsidy Program which provides an alternative source of funding for schools on the Literary Fund waiting list, at the same interest rate; WHEREAS, the State Department of Treasury has further notified the City that Larkspur Middle School has been included as a candidate for VPSA funding subject to receipt of an application; WHEREAS, at its meeting on September 19, 1995, the School Board approved a resolution authorizing the submission of an application to VPSA for such funding; and WHEREAS, City Council has determined that it would be in the City's and School Board's best interests to pursue a low- interest loan from VPSA to finance a portion of the costs of Larkspur Middle School. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the application of the Virginia Beach School Board to the Virginia Public School Authority for a loan in an approximate amount of $2,500,000 to finance a portion of the costs of Larkspur Middle School is hereby ratified. Furthermore, the actions of the City Manager, in collaboration with the other 34 35 36 officers of the city and the City School Board, in completing and filing such application are hereby approved and ratified. 2. That this resolution shall take effect immediately. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of September, 1995. 39 40 41 42 43 44 45 46 The undersigned Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on the 26th day of September, 1995, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the City of Virginia 26 September Beach, Virginia, this day of , 1995. 47 48 49 Clerk, City of Virginia Beach, Virginia 5O 51 52 53 CA-6081 ORDIN \NONCODE\LOANRAT. RES R-2 PREPARED: 09 / 21 / 95 F~nance Department f APPROVED AS TO LEGAL SENT B,~ 'FAX , 9- 7-95 ; 12.,36 ;HUNTON & ~ILLIAI~S VA--, 804 427 4~02;# ~/OO ATTACHMENT A APPLICATION VIRG!_NIA PUBLIC SCHOOL AUTHORITY 1995 INTEREST __RATE SUBSIDY PROGRAM le Name of Coun~/C3~: City of Virginia Beach, Vzrglnia e Name and address of County Administrator/City Manager: James K. Spore, Czty Manager Cmty Hall Bldg. 2nd floor - Va. Beach, VA. 23456 Teleph0n¢: (s04) 427-4242 (804) 427-4135 1 Nm:nc and address of School Superintendent: Ja~es L. Pugh$1ey,, Inte~.~ Su~er%.ntendent P. O. BOx 6038 Va. Beach Public Schools Munici~pal Center Telephone: (804) 427-4326 Va. Beach, VA. 23456 FaX: (804) 426-5680 4, Name of Prindpa] Contact: (All further correspondence will be directed to this person unless noted) R~chard Dunford, Debt a Y~nanc~al Ser.¥~ces Adr0ini.strator Phone: (801 427-4681 Fax: (804) 427-4302 Mailing Address: Department of Finance Munmclpal Center City Hall Bldg. Rm. 220 Va. Beach, VA. 23456 Hand Delivery Address: 5. Bond Courmel: (firm, individuals, address, phone & fa) Hunton & Wi'llia~s Attn: Teresa Kannan R~verfront Plaza East Tower (804)788-8589 951 East By,=d Mt. Fax (804)788-8218 Richmond, VA. 23219 NOTE: Localities are required to take all action necessary to procure the services of qualified Bond Counsel prior to the submission of this application. $1~'T BY:FAX RO0~ ; 8- 7-85 ; 12:~37 ;Ht~0N & ~ILLIA~S VA-, 804 427 4302;# 6/80 e Data on Project to be financed (use separate sheets if needed): b, Briefly describe the Project(s) and indicate whether the Project(s) will be subject to any leases or management or service contracts: (a separate page may be used). See Exhibit A - The pro~ect will not be .s~b~ect t@ any, leases ®r ~anagex~ent. or ser~ce.s contracts. Literary Fund Loan Application Date: 9/92 Literary Fund Loan Approval Date: 6/R5 de Priority Number on Literary Fund Waiting List: Total Expected Costs' $20,373,600.00 #46 f. Cost By Project/Phase: (separate page may be used) Estimated Project Estimated Completion SEE EXHIBIT A Amount of VPSA Financing Applied for (Approved Amount of Literary Fund Loan): $ 2.5o~. ooo. so. , NOTE: The VPSA will calculate the amount of your bond size and thc size of the interest rate ~;ubsidy grant to be received from thc Literary Fund. Ix. Other Funding Sources: General Obligation Bonds (Charter Author~'zations 1R91, 1992, 2[993, 1994) SENT BY :FAX , 9- 7-95 , 12.07 ;HUNTON & WlLLi^~S VA-, 804 427 4302;# 7/30 e 8, s What is the status of planning, design smd construction for the project? Answer the following questions for the project: Has the project been reviewed by and received approval from the Department of Education (as required by § 22.1-140 of the ~ ~ z yes ,, no b. What is the bid date for the project:_. 2/,~.3 c, Estimated Construction Start Date: d, Estimated Construction Completion Date:...7,~ta e. Has any money been expended on the Project? x yes (If yes, indicate the source or' such money. See questions 12 and 13) General Oblz~3atz~n Bonds (Charter Author%'zatlon)_ f. Please complete the attached estimated construction draw schedule. The project xs completed. g. Has the project been completed? _ _ × yes no nO Amortization Schedule Preferred: (Principal is expected to be paid in annual installments starting on July 15, 1996.) Less than 15 years 15 years ,, _._ 16 years 17 years . _ _ 18 years 19 years ~_ . _ 20 years x ....... NOTE: While every attempt will be made to satisfy your preferred schedule, there is no guarantee that your request can be honored. Have your Boards approved the project(s) and authorized this application to VPSA for the needed financing? Approved by School Board Approved by County Board/City Council _ yes ~, no yes____ NOTE~ Please enclose eertilied copies of r~solutlons, SENT BY:FAX ROObi #O ; B- 7-B5 ; 12:B8 ;HUNTO~ & WlLLIAbtS VA--, 804 427 4302;# 8/30 10. Were these bonds or projects the subject of a referendum? _ yes _~...no If ~o, did the referendum pass? Date of referendum: _ yes __..~0 11. 12. Person(s) responsible for disbursing and investing bond proceeds. N~J~e: J~hn T. Atkinson, City Treasurer Address:city, Hall Bldg., Fi'rst Floor Telephone:(_804) 427-4445 F~X: (80~)430-6399 Will bond proceeds from this sale be used to repay a Bond Anticipation Note or other form of interim/temporary financing? .___yes x no If Yes, please provide all terms of such Bond Anticipation Note or other obligation. 13. Will bond proceeds expenditures? from this sale be used to reimburse you for prior x yes_ no ff Yes, please attach a copy of your reimbursement resolution. Attached Exhl'blt B 14. Have you executed any undertaking in regards to continuing disclosure? yes x____no ff Yes, please include copies of any such undertakings. SENT BY'FAX . 9- 7-95 , 12'88 ,HUNTON & WILLIAMS VA~ 804 427 4802;# 9/30 NOTE: SUBMISSION OF__ THIS APPLICATION DOES NOT__GUARANTEE PA.R~I~A~ON IN TIlE SUBSIDY SAL_E,. PAR__TICIPATIO~_WILL BE, BASED ON A LOCAteS' PRiORITY_ POSITION .ON I_yFE~y F3dND FIRST PRIO _Rf._!_Y _WAITING LISTAND IS_SUB/ECT TO THE AVAILAB!I..ITY OF FUNDS_FOR _Il-liS PURPOSE. LOCALITIES WILL BE NO2]HED AS SOON AS. POSS_IBI.EAFYER _SEPTEMBER 11, 1995 AS TO WHETHER THEY MAY_RECEIVE FUNDING IN 1995. THE DEPARTMENT OF EDUCATION_ AND THE VPSA WILL U_SE THE~ BEST EFFORTS TO IN__CLUDE AIL_. LOCAl ~rlES, WISHING,TO PARTICIPATE, require~ /~-~ - -- _ BY SIGNING THIS APPLICAq~'ON, THE LOCAL OFFIC ', CKNOWI~DGE THAT IF ~S ARE BORROWED FROM THE VPSA TO FUND A PROJECT IN LIEU OF RECEI~NG A LITERARY FU~q3 LOAN, THE LOCALITY WILL BE REMOVED FROM THE LITERARY FUND WAITING LIST FOR THIS PROJECt, THE LOCAL OFFICIAI~ ALSO ACKNOWI~DGE THAT ~ LITERARY FUND MONIES MAY NOT BE USED TO REDEEM BONDS SOLD TO THE VPS~ THIS APPLICATION MUST BE COMPLETED AND RETURNED ALONG WITH 3 COPIES OF YOUR COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE LAST THREE FISCAL YEARS (JUNE 30, 1992 THROUGH JUNE 30, 1994) BY $:00 PM ON SEPTEMBER 7, 1995 TO: Gary Ometer, Debt Manager Department of the Treasury Commonwealth of Virginia 101 North 14th St., 3rd Floor Richmond, Virginia 23219 LOCALITIES NOT RETURNING THIS FORM WILL NOT BE INCLUDED IN THE SUBSIDY SAI~. //07/95. 08:32 DEPTOFTREASURY ~ 010/012 VIRGINA PUBLIC SCHOOL AUTHORITY School Financing Bonds (1991 Resolution) Series 1995 C Name of Locality: , Estimated Construction Draw Schedule (Please provide draws at least quartedy) .,Draw, Date $ Expended Dcc I, 1995 Jan 1, 1996 Feb 1, 1996 Mar 1, 1996 Apr 1, 1996 May 1. 1996 Jun 1, 1996 Jul 1, 1996 Aug 1, 1996 Sep 1, 1996 Oct 1, 1996 Nov 1, 1996 Dcc 1, 1996 lan 1. 1997 Feb 1, 1997 Mar 1. 1997 Apr 1. 1997 May 1, 1997 Jun 1, 1997 Jul 1, 1997 Aug 1. 1997 Scp 1, 1997 Oct 1. 1997 Nov 1. 1997 Dec 1, 1997 Jan 1. 1998 Feb 1, 1998 Mar 1, 1998 Apr 1. 1998 May 1, 1998 Jun 1. 1998 Jul 1, 1998 Aug 1, 1998 Scp 1, 1998 Oct 1, 1998 Nov 1. 1998 I)cc 1. 1998 $2,500,000 CITY OF VIRGINIA BEACH, VIRGINIA FY 1994-95 ~ 1999-2000 CAPITAL IMPROVEMENT PROGRAM ,1. Project Category. Project Number and 'l-~e: Schools 1-053 Larkspur M~ddle School ; UNAPPROPRIATED SUBSEQUENT YEARS Total Budget Est]mated Appropna13ons Year I Year 2 Year 3 Year 4 Year 5 Year 6 Cost To Date FY 1994-95 FY 1995-96 FY 1996-97 FY 1997-98 FY 1998-99 FY 1999-00 19,863,600 19,863,600 0 0 0 0 0 Operal~ng Budget Impact 2,084,000 2 188,200 2,297,610 2,412,490 2,533,11 5 2,659,770 ........... DESCRIP'riON ......................................... This project is for construction of a middle school to house 1,800 students in approximately 248,000 squar~ fee't of space on a'thirty-five I, acre s~te m the Kempswlle area of the C~ty , JUSTIFICATION "T~i~ school will serve mi~di~'~'cho01 students in the Kempsville'area of the City Rece~'~'de~'~.aPhic"P~0ieCti°ns indicate the necessity to house these students m 1994 W~thout th~s project, crowded condmons wdl ,mpac! ex~stmg schools m th~s area .................. HISTORY ............................................................ This project first appeared in the 1992/96 ClP as Kempsville Area Middt~ School at an estimated cost of $20,990.000 In the ~1'993-97 ClP, the total estimated cost was reduced as a result of the current downturn ~n the economy STATUS OF S~TE '~ity oWr~ed'{und'~r co~Semn~tion) ........................ · , ..._......~"-.,.. - ~- ~,. ~- ' c.- ~..,-"^,..~.~/~./,,~ ' ~/~ ',' ~- ~';~'~ .'-,~'~ SCHEDULE OF ACTIVItrY ' ' ~-,,~, ~' // >7~ ;~'~ Prehmlnary Surveys 1,92 - 3,92 10.000 Construction 2/93 - 8/94 16,473,600 '~"<~ ~,.,.t~,~.,~'~,'/"~ '"~./'~.~ c:::~ ~~-~ ×~ Furn,ture and Equ,pment 2/93 - 8/94 1,700,000 / ¥ : , .... .. , , · ..................... ~'"~5~ ~,~,"~ / ~ ,~/~.; 1991 Charter Bonds 3.000,000 ~-~"~'~ ~ ~ ~ 1992 Charter Bonds 15,163.600 ......................... IIFll I ..............I ---I II AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $41,300,000 FOR VARIOUS PUBLIC FACIUTIES AND GENERAL IMPROVEMENTS WHEREAS, the City of Virginia Beach, Virginia (the 'C~ty'), desires to authorize the issuance of general obligation public improvement bonds for various purposes in the maximum amount of $41,300,000. as perrn~ed by the C~ty Charter w~hout submitting the question of their Issuance to the 10 qualn~ed voters BE IT ORDAINED BY THE COUNCIL OF THE CFI'Y OF VIRGINIA BEACH, VIRGINIA: 11 12 1 It is hereby deterrmned to be necessary and expedient for the C~/. to construct and Improve vanous public faceit,es and general improvements, all of which wal promote the pubhc welfare of 13 14 the C~ty and ~ inhabrtants and will faclhtate the orderly growth, development, and general welfare of the C~y. and to finance the costs thereof through the borrowing of $41,300,000 and Issuing the City's 15 16 17 18 19 20 21 22 23 24 25 general obligation bonds therefor 2 Pursuant to the C~y Charter and the Public Finance Act of 1991, there are hereby authorized to be ~ssued public improvement bonds of the C~y In the maximum amount of $41,300,000, to provide funds, together w~h other funds that may be available, for followng purposes School projects, including planning, design, construction, renovation, expansion, equipping. and furnishing of schools and related facihtles 40,545,232 Budding prolects, indudmg design, planning, construction, improvements, renovation, expansion. equipping, and furnishing of courts, hbranes. storage, and other face,les 754.768 26 27 28 29 3O TOTAL ~; 41.300.000 Any amount not needed for one of such purposes may be used for the other of such purposes The bonds may be issued as a separate ~ssue or combined w~th bonds authorized for other purposes and sold as part of one or more combined ~ssues of public improvement bonds 3 The bonds shall bear such date or dates, mature at such time or times not exceeding 31 40 years from their dates, bear interest, be m such denominations and form, be executed in such manner and be sold at such time or t,mes and In such manner as the Council may hereafter provide by 33 appropriate resolution or resolutions 4 The bonds shall be general obligations of the C~/for the payment of pnnctpal, 35 36 37 premium. ~ any. and Interest on which ~s full fa~h and cred~ shall be Irrevocably pledged ~5 The City intends to recerve reimbursement from proceeds of the sale of the Bonds for costs related to the purposes for which ~'he Bonds are to be issued that are pa~d by the ~ pnor to the issuance of the Bonds The C~y intends that the adoption of th~s ordinance be considered as 'offic~l intent' w~thm the mean,rig of Treasury Regulations Section 1 103-18 promulgated under the Internal Revenue Code of 1986. as amended 41 42 43 44 45 46 47 48 49 5O 6 The C~y Clerk is directed to make a copy of thss ordinance conhnuously available for inspection by the general pubhc during normal business hours at the C~, Clerk's office from the date of adoption hereof through the date of the Issuance of the Bonds 7 The Ctty Clerk, ~n collaboration vv~th the C~y Attorney is authorized and d~rected to see to the tmrned~ate f'dmg of a certified copy of thru ordinance w~th the Circuit Court of the C~y of Virginia Beach. 8 This ordinance shall be in full force and effect from its passage Adopted by the Council of the C~y of Virglma Beach, Virginia on the 2~ day of Novem~992. Requires eight affirmative votes for adophon APPROVED AS TO LF.G.~,I. SUFFICIENCY 'r o - 28 - Item V-L.3. CONSENT AGENDA ITEM # 39817 RESOLUTIONS Upon motion by Council Lady Parker, seconded by Councilman Jones, City Council ~OPTED: Resolution re appointment of Michael H. Nuckols as Assistant City Attorney. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Mayor Meyera E. Oberndorf September 26, 1995 A RESOLUTION TO APPOINT MICHAEL H. NUCKOLS AS ASSISTANT CITY ATTORNEY 10 11 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the Code of the City of Virginia Beach, Virginia, the appointment of Michael H. Nuckols to the position of Assistant City Attorney, effective September 16, 1995, is hereby confirmed. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 day of September , 1995. 12 13 14 15 CA-6090 ORD IN \ NONCOD E \ NUCKOLS. RES R-1 PREPARED: September 15, 1995 APPROVED AS TO LEGAL - 29 - Item V-L. 4. CONSENT AGENDA ITEM # 39818 RESOLUTIONS Henry Richardson, President - Virginia Beach Hotel/Motel Association, 2800 Pacific Avenue, Phone: 428-2203 Rick Anoia, 1644 Will 0 Wisp Drive, represented the Resort Leadership Council, Phone: 481-1141 A motion was made by Councilman Harrison, seconded by Vice Mayor Sessorns to Maintain the Status Quo, continuing to provide commercial waste management services to the Resort Area with a transition at the end of the two year period to a franchise for waste collection services. Voting: 5-5 (MOTION LOST TO ,4 TIE VOTE) Council Members Voting Aye: William W.. Harrison, Jr., Harold Heischober, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: John A. Baum, Robert K Dean, Barbara M. Henley, Louis R. Jones and Nancy K. Parker Council Members Abstaining: Linwood O. Branch, III Council Members Absent: None Councilman Branch ABSTAINED as he is an owner of a hotel in the resort which will be utilizing the commercial waste management services. September 26, 1995 Item V-L. 4. CONSENT AGENDA ITEM # 39818 (Continued) RESOLUTIONS Upon motion by Councilman Jones, seconded by Councilman Baum, City Council: AUTHORIZED CITY MANAGER TO CONTINUE SERVICE THRU JANUARY 31, 1996, re commercial waste management in the Resort Area and then discontinue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E. Oberndorf,, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Linwood O. Branch, III Council Members Absent: None Councilman Branch ABSTAINED as he is an owner of a hotel in the resort which will be utilizing the commercial waste management services. September 26, 1995 - 31 - Item V-M. PUBLIC HEARING ITEM # 39819 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. MELFIN A. ANSELL VARIANCE 2. SANIFILL, INC. RECONSIDERATION WILLIAMS CORPORATION OF VIRIGNIA (3/26/90) 3. SHARON LEEPER GOLESH CONDITIONAL USE PERMIT 4. VIRGINIA CEII~ULAR LIMITED PARTNERSHIP, CONTEL CELLULAR CONDITIONAL USE PERMIT 5. CEMETERY CONSULTANTS, INC. CONDITIONAL USE PERMIT 6. WARNIE E. CONLEY CONDITIONAL USE PERMIT 7. OCEAN LAKES CHURCH OF GOD CONDITIONAL USE PERMIT 8. RALEIGH J. CUTCHINS CONDITIONAL USE PERMIT 9. THOM~IS R. GIROUX (BRITISH-EUROPEAN ANTIQUE IMPORTS, LTD.) CONDITIONAL USE PERMIT September 26, 1995 Item V-M. PUBLIC HEARING ITEM # 39820 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items 1, 4, 5, 6, 8 and 9 of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, * Louis R. Jones, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf *Council Lady Henley ABSTAINED on Item M. 1. as the applicants are members of her family September 26, 1995 - 33 - Item V-M. 1 PUBLIC HEARING ITEM # 39820 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROVED the Application of MELVIN A. ANSELL for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Melvin A. Ansell. property is located on the east side of Buzzard Neck Road, 1584 feet more or les south of Princess Anne Road. PUNGO BOROUGH. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley Council Members Absent: Mayor Meyera E. Oberndorf *Council Lady Henley ABSTAINED on Item M.I. as the applicants are members of her family September 26, 1995 - 34 - Item V-M. 2 PUBLIC HEARING ITEM # 39821 PLANNING Marty Williams, 9921 River Road, represented the applicant Howard Burns, District Manger - Sanifill, represented the applicant Larry E. Stampe, Belvoir Lane, Phone: 420-3145, Board Member - ladce James Home Owners Association, expressed concerns relative contamination of the lake. Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council APPROVED MODIFICATION OF CONDITION NUMBERS FIVE, SEVEN, NINE, AND NUMBER ELEVEN BE ADDED, to the March 26, 1990, Approved Application (WILLIAMS CORPORATION OF VIRGINIA) for a Conditional Use Permit for a borrow pit to SANIFILL, INC.: ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR FILLING ,4 BORROW PIT R03901295 Ordinance upon application of Williams Corporation of Virginia for a Conditional Use Permit for filling a borrow pit on the west side of Centerville Turnpike, 1600 feet more or less north of Kempsville Road. Said parcel contains 89.8 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be modified: 11. If the existing Centerville Turnpike entrance to the site is to be used by vehicles depositing construction demolition and debris in the borrow pit reclamation site, right and left turn lanes are to be installed on Centerville Turnpike before the beginning of the filling operation. ,4dditional right-of-way dedications may be required for the installation of these turn lanes. Only construction demolition and debris, non-toxic materials shall be deposited on this site pursuant to a permit for the Virginia Department of Environmental Quality. During the hours of operation, the owner shall provide and maintain a full-time on-site inspector to inspect the trucks and maintain a daily log to verify only construction demolition and debris, non-toxic materials have been deposited on this site. Operational conditions contained hereinabove, in the event of a natural disaster or similar situation, may be waived in whole or in part by order of the City Manager or the designated Emergency Operations Coordinator on a temporary basis pursuant to an adopted Emergency Plan. September 26, 1995 Item V-M. 2 PUBLIC HEARING ITEM # 39821 (Continued) PLANNING Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessotns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley and Nancy I~ Parker Council Members Abstaining: William W. Harrison, Jr., Council Members Absent: None Councilman Harrison ABSTAINED as his law firm represents SPSA, which has gone on record as opposing this application. September 26, 1995 Item V-M. 3 PUBLIC HEARING ITEM # 39822 PLANNING Hank Marks, represented the applicant Sharon Golesh, the applicant, represented herself Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council INSTRUCTED APPLICANT TO REPOST THE SIGN; AND, DEFERRED UNTIL CITY COUNCIL SESSION OF OCTOBER 24, 1995, the Ordinance upon Application of SHARON LEEPER GOLESH for a Con&tional Use Permit: ORDINANCE UPON APPLICATION OF SHARON LEEPER GOLESH FOR A CONDITIONAL USE PERMIT Ordinance upon application of Sharon Leeper Golesh for a Conditional Use Permit for boarding horses located 513 feet west of Dawley Road, 1030 feet more or less north of Gum Bridge Road. Said parcel is located at 3943 Dawley Road and contains 23. 75 acres. PUNGO BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members l/oting Nay: None Council Members Absent: None September 26, 1995 - 37 - Item V-M. 4 PUBLIC HEARING ITEM # 39823 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR (Its General Partner) for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR (Its General Partner) FOR A CONDITIONAL USE PERMIT R09951984 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Cellular Limited Partnership, Contel Cellular (Its General Partner) for a Conditional Use Permit for a communications tower on the east side of Ferry Plantation Road, north of East Honeygrove Road. Said parcel is located at 1036 Ferry Plantation Road and contains 1.696 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. The tower will be a mono pole style tower and will not exceed 100 feet in height. 2. The applicant will work to facilitate joint use of the tower, if other tower use needs are identified in this area. 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 Twen~_-sixth of September, Nineteen Hundred and Nine~_ -Five. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K, Parker, Vice Mayor William D. Sessorns, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf September 26, 1995 Item V-M. 5. PUBLIC HEARING ITEM # 39824 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application CEMETERY CONSULTANTS, INC. for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF CEMETERY CONSUL TANIX INC. FOR A CONDITION/I, USE PERMIT R09951985 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cemetery Consultants, inc. for a Conditional Use Permit for a cemetery, mausoleums, columbariums, chapel, administrative offices, equipment, maintenance and storage on the north side of North Witchduck Road, west of Aragona Boulevard. Said parcel is located at 631 North Witchduck Road and contains 55 acres. BAYSIDE BOROUGH. The following condition shall be required: Only those improvements identified on the submitted site plan entitled Rosewood Memorial Gardens, on file with the Planning Department, are approved with this request. Any future expansion or modification of the existing cemetery will require further review and approval by the Planning Commission and City Council. This Ordinance shall be effective in accordance with Section 107 (19 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_-$txth o_f September. Nineteen Hundred and Nine~_ -Five. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf September 26, 1995 - 39 - Item V-M. 6. PUBLIC HEARING ITEM # 39825 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of WARNIE E. CONLEY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WARNIE E. CONLEY FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHOUS~ R09951985 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Warnie E. Conley for a Conditional Use Permit for mini-warehouses on the west side of Holland Road, 650 feet more or less north of Shipps Corner Road. Said parcel is located at 3213 Holland Road and contains 4.90 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: All outdoor lighting shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not exceed a height of fourteen feet. The new portion of the mini-warehouse facility shall be enclosed, except for necessary openings for ingress and egress, with a fence or wall not less than six feet in height and Category VI landscaping. This will require a six foot set back between the storage facility and the north and south property lines. 3. If the natural buffer to the west of the property is removed, the applicant shall install Category IV landscaping. This Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of September, Nineteen Hundred and Ninety-Five. 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf September 26, 1995 Item V-M. 7. PUBLIC HEARING ITEM # 39825 PLANNING Attorney Leslie Cox, 101 North Lynnhaven Road, Phone: 486-4650, Lynnhaven Station Building, represented the applicant. Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED AN Ordinance upon application of OCEAN LAKES CHURCH OF GOD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OCEAN LAKES CHURCH OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH R09951987 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ocean Lakes Church of God for a Conditional Use Permit for a church on the north side of Dam Neck Road beginning at a point 1550 feet more or less west of General Booth Boulevarc~ Said parcel contains 2.319 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: . Category IV landscaping shall be required along the northern property lines adjoining residential neighborhoods as indicated on the site plan. 2. Mature trees shall be retained as shown on the site plan. The site shall comply with Best Management Practices by effectively routing stormwater to a regional BMP or providing BMPs on site. In keeping with the City's AICUZ regulations, noise attenuation measures are required in the construction of this church. The roof, ceiling and exterior walls shall have a minimum sound transmission class (STC) of 44. Doors and windows shall have a minimum of 38 STC. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of September, Nineteen Hundred and Nine~_ -Five. September 26, 1995 Item V-M. 7. PUBLIC HEARING ITEM it 39825 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William IV.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessotns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 26, 1995 Y Item V-M. 8. PUBLIC HEARING ITEM # 39826 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of RALEIGH J. CUTCHINS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RALEIGH J. CUTCHINS FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE R09951988 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Raleigh J. Cutchins for a Conditional Use Permit for motor vehicle sales and service on Lot 11 and a portion of LOt 10, Block 11, Oceana Gardens. Said parcel is located at 212 First Colonial Road and contains 21,780 square feet more or less. L YNNHA VEN BOROUGH. The following condition shall be required: 1. A maximum of 10 vehicles shall be displayed on the site. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth o_f September. Nineteen Hundred and Ninety-Five. l~otin g : 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf September 26, 1995 Item V-M. 9. PUBLIC HEARING ITEM # 39827 PLANNING Upon motion by Councilman Harrison, seconded by Council lady Parker, City Council ADOPTED an Ordinance upon application of THOMAS R. GIROUX (British-European Antique Imports, Ltd ) for a Change of Zoning: ORDINANCE UPON APPLICATION OF THOMAS R. GIROUX (BRITISH-EUROPEAN ANTIQUE IMPORTS LTD.) FOR ,4 CONDITIONAL CHANGE OF ZONING FROM 1-1 to B-2 Z09951467 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thomas 1~ Giroux (British-European Antique Imports Ltd.)for a Conditional Change of Zoning from I-1 Light Industrial District to Conditional B-2 Community Business District on the south side of Dean Drive, east of Lynnhaven Parkway. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for industrial use in accordance with other Plan policies. Said parcel is located at 2645 Dean Drive and contains 2.450 acres. The following condition shall be required: Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of September. Nineteen Hundred and Nine~. -Five. 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy 14. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf September 26, 1995 UUZbUIZ r !i 5 57GI908 THIS AGREEMENT, made this 30th day of May, 1995 by and between i SEABOARD PAINT & SUPPLY CO., hereinafter the owner of the Property referred to herein, and BRITISH-EUROPEAN ANTIQUE IMPORTERS, LTD, the ! contract owner, collectively referred to as Grantors), and the CITY OF I VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as Grantee). WITNESSETH' WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Grantor's Property from I-1 to B-2 (Conditional) on certain Property which contains a total of 2.45 acres, more or less, in the Lynnhaven Borough, of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A, hereinafter "the Property". WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including office purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are 1 needed to cope with the situation which the Grantors rezoning application gives rise to; and whose implementation will occur when the Property is developed; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning '1 and the need for which is generated by the rezoning and whose implementation will not be required until the Property is developed; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, Site Plan, building t permit or subdivision approval, hereby make the following declaration of conditions and restrictions as to the physical development and operation of the Property and , ~ governing the use thereof and hereby tender the following covenants running with i the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, its heirs, personal representatives, assigns, grantees and other successors in interest or title and which will not be required by the Grantors until the Property is developed, namely: 1. The uses conducted on the Property shall consist of the sale of furniture, antiques, ornamental garden items and related accessory uses. In addition, the Property may be used for offices, florists, nursery and plant sales, storage facilities, incidental manufacturing, and/or wholesaling and distribution operations to the extent permitted by applicable zoning regulations then in effect. 2. If any new buildings constructed on the Property contain sales areas open to the public or office areas, then the portions of any new building housing the sales areas open to the public or the office areas shall be designed and constructed to achieve a noise level reduction (NLR) of thirty dB, outdoor to indoor noise levels. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable city codes by all cognizant City agencies and departments to meet all applicable city code requirements. All references hereinabove to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition to the governing body for the review thereof prior to instituting l(35t;5?G I 9 I 2 proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. WITNESS the following signatures and seals. SEABOARD PAINT & SUPPLY CO. BRITISH-EUROPEAN ANTIQUE IMPORTERS, LTD. gt( 3 51:5 STATE OF a~TY/~~F , to-wit: Subscribed and sworn to before me this by ~ct,,le~ ~. ~ro~,-',,~,~3~. (Title) Seaboard Paint & Supply Co. day of /~a ~, , 1995, Notary Public I My Commission Expires: STATE OF VZRGINZA CITY/COUNTY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this 30 Thomas R. G£roux , (Title) European Antique Importers, LTD. __ day of May President ,1995 by of British- No'fy I~ubli~ ' My Commission Expires: ',"' I L \! 7644\PROFFERS WPD EXHIBIT "A" LEGAL DESCRIPTION All that certain piece and parcel of property together with all improvements located therein on said property being described more particularly as follows: Parcel "G" as shown on that certail3 subdivision plat entitled "Subdivision of Property for City of Virginia Beach Industrial Development Authority Lynnhaven Borough, Virginia Beach, Virginia", dated April 1969, said plat being recorded in the Virginia Beach Circuit Court Clerk's Office in Map Book 79 at page 61. RECORDED \~ilH CERTIFIC~TE 95 OCl -3 P~i i" 05 Item V-N. 1. APPOINTMENTS ITEM # 39828 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HUMAN RIGHTS COMMISSION September 26, 1995 Item V-N. 2. APPOINTMENTS ITEM # 39829 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: PUBLIC LIBRARY BOARD Anne Startt Student 9/1/95 - 6/30/96 Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III September 26, 1995 Item V-O. _ ADJOURNMENT ITEM # 39830 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:35 P.M. Beverly ~.. Hooks, CMC Chief Deputy City Clerk William D. Sessoms, Jr. Vice Mayor Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 26, 1995 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: September 26, 1995 B R C H R P E A PAGE: 1 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N I WORKSHOP COMPREHENSIVE PI.AN II/A BRIEFING Arthur R Shaw, Operat, ons SANIFILL OF VIRGINIA LANDFILL Engineer, Public Works III/A REVIEW OF AGENDA B CITY COUNCIL CONCERNS IV/V/E CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y SESSION F/ MINUTES 1 Informal/Formal Sees~ons - APPROVED 9-0 Y Y Y Y Y Y A A Y Y Y September 12, 1995 B S T A I N E D 2 Specal Formal Session - APPROVED 7-0 Y A Y A A Y Y A Y Y Y September 19, 1995 B B B S S S T T T A A A I I I N N N E E E D D D G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S I/1 PRESENTATION' HOMEARAMA WATERWlSE GARDEN Albert Viola, HOME Viola Builders J PUBLIC HEARING HOMELESS ADVISORY COMMITTEE Accepted Report 10-0 Y Y Y Y Y Y Y A Y Y Y REPORT with Thanks/ Directed City Presentation, Andrew Fr~dman, I)rector Manager to Hous4ng & Neighborhood Schedule PreservatK)n and Workshop Rev Fredermk Guy, Chalrm&n Homeless Advtsory Committee ~,, K/1/a Ordinance to APPROPRIATE $252,814 ADOPTED BY 9-0 Y A Y Y Y Y Y A Y Y Y re lease-purchase of equipment for CONSENT Central LIbrary/TRANSFER $21,926 to the first semi-annual lease payment b Resolution to authorize agreements w~th ADOPTED BY 9-0 Y A Y Y Y Y Y A Y Y Y Land~s & Gyr Powers/S~net CONSENT Bank/Maryland and S~jnet Leasing and Financtal Corporation re energy earing equipment for the Central Library. , 2 Ordinance to APPROPRIATE $30,000 re ADOPTED BY 9-0 Y A Y Y Y Y Y A Y Y Y interest-free loan to Sandbridge CONSENT Volunteer Reae~e Squad for replacement ambulance. 3 Ordinance to authorize a Memorandum ADOPTED BY 9-0 Y A Y Y Y Y Y A Y Y Y of Agreement ruth City of Chesapeake CONSENT re Cooperative Regional Southern Watershed Area Management Program (SWAMP). CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: September 26, 1995 B R C H R P E A PAGE: 2 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N II 4 Ordinance to authorize Lk~nae ADOPTED BY 9-0 Y A Y Y Y Y Y A Y Y Y Agreement effective 1 August 1995 CONSENT belween the City/Unltad States Government re Satalllta Highway Maintenance Yard at Oceana Boulevard/Southern Boulevard 5 Ucente R®fund~ - $31,357.61. APPROVED BY 9-0 Y A Y Y Y Y Y A Y Y Y CONSENT L/1 Resolu~mn re support of preservatmn of ADOPTED BY 9-0 Y A Y Y Y Y Y A Y Y Y local control of public r-o-w/zoning CONSENT I ordlnances/taxalx)n author~ In Telecommunicatlona Raform Bill proposed by U S House/Senate Conference Comm~tee ., 2 ResolutK)n to ratty filing a $2 5-MdlK)n AEX:)PTED BY 9-0 Y A Y Y Y Y Y A Y Y Y Iow-interest loan application with VI'SA CONSENT Litarary Fund re financing a portion of Larkspur Middle School. 3 Resolut~)n re appointment of Mmhael H ADOPTED BY 9-0 Y A Y Y Y Y Y A Y Y Y Nuckois as Assistant City Attom®y. CONSENT 4 Resort Area Franchise Survey Results re Continue service 9-0 Y A Y Y Y Y Y A Y Y Y commercial waste management only thru 1/31/96 B sentfl=e~ to the Resort A~ea. S T A I N E D ,, M/1 MELVIN A. ANSELL Variance to Sec. APPROVED BY 9-0 Y Y Y Y Y A Y A Y Y Y 4 4(b) of the Subdivision Ordinance all CONSENT B lots meet CZO on Buzzard Neck S Road/Princess Anne Road (PUNGO T BOROUGH) A I N E D 2 RECONSIDERATION OF March 26, MODIFIED 8-2 Y Y Y A Y N Y Y N Y Y 1990, Approved Application (WILLIAMS CONDITIONS B CORPORATION OF VIRGINIA) for a 5,7,9 and S CUP Borrow ~t to SANIFILL, INC. on ADDED 11 T Centerville Turnplke/Brandon Boulevard A (KEMPSVILLE BOROUGH). I Deferred 4/25/95 N E D 3 SHARON LEEPER GOLESH CUP: APPMCANT TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Boarding horses at 3943 Dawley Road POST SIGN/ (PUNGO BOROUGH) DEFERRED TO 10/24/95 4 VIRGINIA CELLULAR LIMITED/CONTEL APPROVED BY 10-0 Y Y Y Y Y Y Y A Y Y Y CELLULAR CUP' Communmatlon~ tOWer CONSENT at 1036 Ferry Plantabon Road (BAYSIDE BOROUGH). 5 CEMETERY CONSULTANTS, INC. CUP APPROVED BY 10-0 Y Y Y Y Y Y Y A Y Y Y Cemetew/mausoleums/columbarlums/ CONSENT/ chaoel/adm OffiCeS/IKiUIDment CONDITIONED malntenance/stor&ae on 631 North _ WRchduck Road (BAYSIDE BOROUGH) 6 WARNIE E. CONLEY CUP' MIl~i- APPROVED BY 10-0 Y Y Y Y Y Y Y A Y Y Y warehouses on 3213 Holland Road CONSENT/ (PRINCESS ANNE BOROUGH) CONDITIONED 7 OCEAN LAKES CHURCH OF GOD APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP. Church on Dam Neck Road/ CONDITIONED General Booth Boulevard (PRINCESS ANNE BOROUGH) i , CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE: Sel~ember 26, 1995 B R C H R P E A PAGE: 3 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N 8 RALEIGH J. CUTCNIN$ CUP: M(Xor APPROVED BY 10-0 Y Y Y Y Y Y Y A Y Y Y vehmle sales/ser~.e on Lo~ 11, Oceana CONSENT/ Gardens, 212 First Colonial Road CONDITIONED (LYNNHAVEN BOROUGH) 9 THOMAS R. GIROUX (Bribsh-European APPROVED BY 10-0 Y Y Y Y Y Y Y A Y Y Y AntKlue Imports, Ltd,) COZ Eom I-1 to CONSENT/ Conditional B-2 at 2645 Dean Drive PROFFERED (LYNNHAVEN BOROUGH) Deferred July 11/August 22/September 12,1995 N APPOINTMENTS: HUMAN RIGHTS COMMISSION RESCHEDULED B Y C O N S E N S U PUBMC UBRARY BOARD - Student Anne Startt - Term' 9/1/95 - 6/30/06 APPOINTED 10-0 Y A Y Y Y Y Y Y Y Y Y O/P/Q ADJOURNMENT: 8 35 PM COUNCIL SESSION OF OCTOBER 10, 1995 RESCHEDULED TO OCTOBER 17, 1995 PUBLIC HEARINGS - CITY COUNCIL CHAMBER OCTOBER 24, 1995 - 6 00 PM NOVEMBER 14, 1995 - 2 00 PM RE ELECTION DISTRICTS