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HomeMy WebLinkAboutJULY 6, 1993 MINUTES ity of "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At L~rge VICE MAYOR WILLIAM D SESSOMS IR, At-Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH III, V~rgm~a B~ach Borough JAMES W BRAZIER, JR, Lvnnhaven Borough ROBERT W CLYBURN, Kempsv~lle Borough ROBERT K DEAN Prmce~s Anne Borough LOUIS R JONES, Bays~de Borough PAUL] LANTEIGNE Pungo Borough JOHN D ~OSS At Large NANCY 1~ PARKER, At Large JAMES K SPORE, Czty Manager LEbLIE L LILLEY, C~ty Attorney RUTH HODGES SMITH, CMC / AAE, C~t¥ Clerk CITY COUNCIL AGENDA JULY 6, 1983 .'.,',c OuR~ Nh.[~Ov 281 CITY H4LL BUILDING MUNI( IP4L ( FNJ ER VIP.(,IN'IA BE.t( H VIRGIN'I4 2 ~4% qOOq t804~ 427 4303 I1. TOUR' REAL ESTATE ASSESSOR'S OFFICE CITY MANAGER'S BRIEFINGS - Council Chamber - Ao TIDEWATER DETENTION HOME E. Dean Block, Director of Management and Budget Bruce Bright, Director of Court Services Bo RESIDE WITH PRIDE Allen Hartman, Vice Chairman Co CENTRAL BUSINESS DISTRICT ASSOCIATION IMPLEMENTATION William J. Cashman, Jr., President (Requested by Councilmen Linwood Branch and Robert Clyburn) 10:00 AM 10:30 AM II1. CITY MANAGER'S PRESENTATIONS A. PENDING ITEMS UPDATE FUTURE WORKSHOP AGENDA IV. INFORMAL SESSION Ao Bo CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL C RECESS TO EXECUTIVE SESSION - Council Chamber - 12:30 PM V. FORMAL SESSION - Council Chamber - A° B. C. CALL TO ORDER - Mayor Meyera E. Oberndod INVOCATION: Reverend Paul C. Bailey, D.D. Virginia Beach United Methodist 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° MINUTES 1. INFORMAL & FORMAL SESSIONS 2. SPECIAL FORMAL SESSION - June 22, 1993 - June 29, 1993 2:00 PM AGREEMENT OF INTENT THIS AGREEMENT is entered into this~ day of July, 1993, by and between the CITY OF VIRGI~A BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia, whose address is Municipal Center, Virginia Beach, Virginia 23456 (hereinafter the "City"), and CHURCHILL DOWNS INCORPORATED, a Kentucky corporation, whose address is 700 Central Avenue, Louisville, Kentucky 40208 (hereinafter "Churchill Downs"). WITNESSETH: WHEREAS, the registered voters of the City of Virginia Beach, at a referendum held on November 3, 1992, voted favorably on the questions of whether pari-mutuel wagering should be permitted at a licensed racetrack in the City, and whether pari-mutuel wagering should be permitted at satellite facilities in the City; WHEREAS, on December 8, 1992, City Council adopted a resolution inviting "parties interested in establishing a racetrack for horse racing in the City of Virginia Beach to contact the City Manager to begin discussions that could be mutually beneficial to both the interested parties and the citizens of Virginia Beach"; WHEREAS, on February 23, 1993, City Council adopted a resolution extending "an invitation to Churchill Downs, Inc. to officially visit the City of Virginia Beach to consider the establishment of Virginia's first horse racing facilities in this City", WHEREAS, the City has determined that it would be a substantial benefit to the City of Virginia Beach and in the public interest of its citizens if Churchill Downs were to locate horse racing facilities within the City's boundaries; WHEREAS, the location of such facilities within the City's boundaries would result in substantial direct and indirect economic and other public benefits to the City including, but not limited to, an increase in the City's tax base, the creation of jobs, the fostering and enhancement of the local tourism industry, the availability of the facilities for public use, the fostering and enhancement of the local agricultural and related industries, and the preservation of open space and agricultural land; WHEREAS, the City has offered certain incentives as herein set forth in order to induce Churchill Downs to locate such facilities within the City's boundaries; WHEREAS, Churchill Downs has expressed its intention to locate such facilities within the City's boundaries and in accordance with the terms and conditions specified below; and WHEREAS, it is contemplated that the proposed site for the facilities will be purchased by a public recreational facilities authority, that certain improvements will be constructed thereon, and that the site, as improved, will be leased to Churchill Downs, or its authorized assignee, upon the issuance of a license for operation of the facilities. NOW, THEREFORE, in consideration of the premises, Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Intent of Parties. Notwithstanding any provision herein to the contrary, it is the intent of the parties hereto, by execution of this Agreement, to set forth their respective obligations in the event Churchill Downs decides to locate and construct the Facilities on the Property. The City understands and agrees that Churchill Downs, in its sole discretion, will determine if the subject site is suitable for construction of the Facilities and is fmancially feasible for the purposes set forth herein. Thereafter, upon commencement of the construction of the Facilities on the Property, the terms and provisions of this Agreement shall be enforceable. Likewise, Churchill Downs acknowledges that the City is under no duty to perform its obligations hereunder unless and until Churchill Downs begins construction of the contemplated Facilities and proceeds toward completion in a manner consistent with the terms and conditions of this Agreement. 2. Churchill Downs' Commitments In reliance upon the City's commitments as set forth herein, Churchill Downs agrees as follows: a. Development of Horse Racing Facilities. Churchill Downs will construct, maintain, and operate horse racing facilities (hereinafter the "Facilities") on approximately two hundred and forty-five (245) acres of land in the City of Virginia Beach bounded on three of four sides by Dam Neck Road, Harpers Road and London Bridge Road, being a portion of property more commonly known as the Taylor Farm as shown on Exhibit A which is attached hereto and is hereby incorporated by reference (hereinafter the "Property"). The Facilities shall contain on-site off-track betting (OTB) facilities and shall be constructed as quality horse racing facilities that is anticipated to represent an investment of approximately Fifty Million Dollars ($50,000,000), and in addition, Churchill Downs will construct, maintain and operate up to six (6) off-track betting facilities throughout the Commonwealth of Virginia, one (1) of which may be located in the City of Virginia Beach. b. Dedication of Rights-of-Way and Easements. Churchill Downs will facilitate the dedication of property to the City for rights- of-way and easements (as more specifically set forth herein) for the purpose of enabling the City to provide the improvements specifically described herein. c. Use of Facility by City. Churchill Downs will make the Property and the Facility available to the City, for an amount not to exceed Churchill Downs' out-of-pocket expenses, on designated days, for use by the City for City-sponsored events, parking, and other public uses. The specific dates, times and uses to be permitted pursuant to this subsection shall be set forth in a subsequent agreement, the terms and conditions of which shall be negotiated by the parties hereto. d. Mounted Police Facility. Churchill Downs will sub-lease to the City Mounted Police Unit stalls for the stabling of up to twenty-four (24) horses, and necessary tack facilities. Churchill Downs will provide water and electricity to these facilities. The City and Churchill Downs shall execute a lease for the referenced facilities containing mutually agreeable terms and conditions. e. Collection/Disposal of Manure. (1) Churchill Downs agrees to collect and transport all manure and bedding materials generated at the Facilities to suitable sites on the Property, agreeable to the City, where final collection of such materials by the City can be made. The City agrees to make such final collections on a routine basis, but not less frequently than once every two (2) days; provided, however, that the City shall make such collections on a daily basis during thoroughbred meets; and further provided that Churchill Downs and the City may mutually agree that, during certain periods of time, a less frequent collection schedule is adequate. (2) In the event the City determines that it is not able to collect and dispose of such materials without incurring a net cost for such collection and disposal, Churchill Downs agrees to pay the City Four Dollars ($4.00) per ton of material so collected and disposed of; provided that Churchill Downs' obligation hereunder shall not exceed Forty- Eight Thousand Dollars ($48,000.00) per year, and further provided that in no event shall Churchill Downs' obligation hereunder exceed the net cost, if any, incurred by the City for such collection and disposal. This provision shall be in effect for ten (10) years from the date an occupancy permit for the Facilities is issued. At the end of such ten-year period, the parties may renegotiate this provision upon mutually agreeable terms and conditions. f. Operation of Facilities (1) It is essential to the interests of the City that Churchill Downs, Inc. be involved in and responsible for the management of the facilities, therefore regardless of whether or not this Agreement is assigned or transferred by Churchill Downs as permitted herein, Churchill Downs agrees that it will have primary responsibility for the design and construction of the Facilities. Churchill Downs also agrees that it will have primary responsibility for the management, maintenance and operation of the Facilities for at least ten (10) years from the first date upon which the Facilities are open to the general public, or until the balance of the debt service reserve fund of any public recreational facilities authority as provided in paragraph 3m hereof plus the accumulated value of the following revenues generated by the facilities and received by the City, including the value of an imputed interest rate on the accumulated revenues equal to the then current six (6) month treasury note rate compounded semi-annually, equals or exceeds the total of the remaining principal and accrued interest of the debt of the Authority and the City' s initial out-of-pocket commitments to the facilities, whichever occurs last. The identified revenues are taxes received from: concessions, seat and program sales, pari-mutuel wagering, horse sales/claims, and fifty (50) percent of the admissions. Churchill Downs shall not otherwise be relieved of this responsibility without the prior written consent of all parties who have outstanding loans, investments, or other long-term financial obligations related to the Property and/or the improvements constructed thereon. (2) Churchill Downs agrees to use its best efforts to insure that such management, maintenance and operation are conducted in accordance with the highest standards in the horse racing industry; provided, however, that the provisions of this paragraph f shall not be construed as a guarantee by Churchill Downs of the profitability of the Facilities. 3. City Commitments In reliance upon Churchill Downs' commitments as set forth herein, the City agrees as follows: a. Direct Access From Dam Neck Road and Harpers Road Intersection. The City, at no cost to Churchill Downs, will improve the intersection of Dam Neck Road and Harpers Road. The improvements will consist of an intersection such that the southern leg will curve eastward as a four lane road providing access to the Property line. Improvements provided by the City shall include drainage culverts of adequate capacity and length for the above-referenced four lane road, as well as adequate lighting and signalization. This access is planned to be the primary entrance to the parking area of the Facilities. b. Curb/Median Cuts and Turn Lanes. The City, at no cost to Churchill Downs, will construct up to two (2) curb and median cuts along London Bridge Road to provide access to the Property. Left and right mm lanes of adequate capacity will be included as a part of the construction of each of the two (2) curb and median cuts. One of the median cuts, as specified by Churchill Downs, shall be constructed with a left hand mm lane to the Property; and a second left-mm lane servicing the opposite property shall be constructed simultaneously, subject to such property owner's participation in the costs of the mm lane servicing such property. The City, at no cost to Churchill Downs, will also construct a right mm lane of adequate capacity at the existing median and curb cut on Dam Neck Road approximately one thousand and eight hundred (1800) feet east of the Harpers Road intersection. Churchill Downs will facilitate the dedication of fight-of-way as required to accommodate mm lane construction. c. Traffic Signals and Signs. In addition to upgrading the traffic signals at the Harpers Road and Dam Neck Road intersection, the City, at no cost to Churchill Downs, will provide appropriate traffic signals for the curb/median cut access point on Dam Neck Road and for one (1) of the curb/median cut accesses on London Bridge Road. Appropriate signage will be provided at each entrance to the Property as deemed necessary for safety and traffic control. d. Storm Drainage. -- The City will provide, at no cost to Churchill Downs, off-site storm drainage improvements necessitated by the construction of off-site roadway improvements and, if necessary, will provide access to said storm drainage improvements from the Property. e. Old London Bridge Road. The City will provide staff assistance to Churchill Downs or a public recreational facilities authority in acquiring from the Commonwealth of Virginia the underlying fee of that portion of the existing right-of-way of Old London Bridge Road which abuts or traverses the Property, subject to existing access rights, if any, of adjoining property owners. f. Landscarfin~. -- -- The City, at no cost to Churchill Downs, shall provide and install the following landscaping plantings and elements: (1) Dam Neck Road. Street tree plantings meeting, at a minimum, the requirements of City Code, Appendix E, "Tree Planting, Preservation and Replacement" shall be planted in the public fight-of-way along both sides of Dam Neck Road between the proposed Southeastern Expressway and Harpers Road. Street tree plantings meeting the referenced requirements shall be planted in the median within the boundary limits described. The existing berm along the south side of Dam Neck Road adjacent to the Property shall be made continuous with the exception of access points to the Property. (2) London Bridge Road. Street tree plantings meeting, at a minimum, the requirements of City Code, Appendix E, "Tree Planting, Preservation and Replacement" shall be planted in the public right-of-way along both sides of London Bridge Road adjacent to the Property. Street tree plantings meeting the referenced requirements shall be planted in the median within the boundary limits described. (3) Southeastern Expressway. Contemporaneous with the construction of the Southeastern Expressway, the City shall construct, or cause to be constructed, a continuous berm, screening wall, or combination thereof along the fight-of- way for the section of the Southeastern Expressway which is contiguous to the Property. Such berm, screening wall, or combination shall be reasonably adequate for sight and sound attenuation. In areas, if any, where a berm is constructed, street tree plantings similar to the requirements of the City Code, Appendix E, "Tree Planting, Preservation and Replacement" shall be placed on the slope of the berm, facing the Property, so the plantings project above the top of the berm. Similar plantings shall be placed at the base of the berm on the side facing the Property. Additionally, a screening hedge and other plantings shall supplement the above-mentioned trees as necessary for the purpose of further sight and sound attenuation. In areas, if any, where a screening wall is constructed, street tree plantings similar to the requirements of the City Code, Appendix E, "Tree Planting, Preservation and Replacement" shall be placed at the base of such wall, facing the Property, as well as a screening hedge and such other plantings as may be necessary to provide additional sight and sound attenuation. g. Sewer Service. The City will construct, at no cost to Churchill Downs, a City owned and maintained sewage pumping station, force main, and inflow gravity sewer of sufficient capacity and depth to accommodate the needs of the Property and Facilities. Churchill Downs will facilitate the dedication of adequate property and easements to the City, agreeable to the parties hereto, as may be necessary to construct, operate and maintain the system. In the event the location of the pumping station is on property that is not owned by Churchill Downs, the City will obtain the necessary property and easements for construction of the pumping station. h. Electric Service and Natural Gas Service. The City will, at no cost to Churchill Downs, provide or cause to be provided, and assist in coordinating the provision of, electric service and natural gas service to the Property line in accordance with the required demand of the Facilities; provided, however, that the cost to the City to provide, or facilitate the provision of, such services shall not exceed Two Hundred Thousand Dollars ($200,000). i. Water Service. The City, at no cost to Churchill Downs, will provide, to the Property line, water service of adequate quantity and residual pressure to maintain a sprinklered fire suppression system for all buildings, including barn structures, located on the Property in accordance with or exceeding all applicable building, safety, and NFPA Codes. j. Job Training Funds. The City will offer such assistance as may be required to insure that the Commonwealth of Virginia provides up to Seven Hundred and Fifty Dollars ($750.00) per employee trained for new employment positions created at the Facilities during the first year of its operation. k. Public Transportation. In cooperation with the Tidewater Regional Transit Authority, the City will insure that adequate public transportation is provided between the Resort Area and the Facilities. Further, the City will construct or cause to be constructed, at no cost to Churchill Downs, a public transportation pick-up station on the Property. Churchill Downs will facilitate the provision of the necessary dedications of rights-of-way and easements to ensure the efficient ingress and egress of such public transportation. 1. Joint Advertising. Prior to the opening of the Facilities, the City will spend an amount of up to Two Hundred and Fifty Thousand Dollars ($250,000) on a joint advertising campaign with Churchill Downs designed to bring additional tourists to the City, and to promote and market the Facilities. After the Facilities have opened, the City will also spend an amount of up to Two Hundred and Fifty Thousand Dollars ($250,000) on such joint advertising campaign for the first year that the Facilities are in operation, One Hundred and Fifty Thousand Dollars ($150,000) for the second year of operation, and One Hundred Thousand Dollars ($100,000) for the third year of operation. m. Financing Plan. The City will work with Churchill Downs to develop a mutually acceptable financing plan for the Facilities, including off-track facilities. Such a plan is expected to include private equity, private debt and such public debt, including credit enhancements, as may be necessary and appropriate. It is expected that a public recreational facilities authority created pursuant to State law will be asked to issue its revenue bonds as permitted by the Code of Virginia. The City agrees to provide such funds as from time to time may be necessary to restore the debt service reserve fund of such authority to a required minimum balance; provided, however, that the amount of funds the City agrees to provide hereunder shall not exceed Two Million Two Hundred and Fifty Thousand Dollars ($2,250,000) per annum. Such funds shall be provided in accordance with the financial plan to the extent permitted by law, and in recognition of the economic and other public benefits that will be realized by the City and its citizens as a result of the location of the Facilities in the City. n. Governmental Approvals. The City will appoint a staff committee to assist Churchill Downs in expediting any and all governmental approvals necessary to complete the Facilities in a timely manner. o. Traffic Control. Upon the request of Churchill Downs, the City will provide traffic control personnel at public access points adjacent to the Property on days when large crowds are projected. The City and Churchill Downs will work to refine this requirement as racing schedules are developed. p. Wetlands. The City will provide reasonable staff assistance in the delineation, mitigation, and creation of wetlands as may be required to facilitate development of the Property. q. Design, Construction and Installation Review. (1) The City agrees to allow Churchill Downs' designated architects, engineers and landscape architects to review and comment on the design, construction and installation of all public improvements referenced herein, contemporaneous with such design, construction, and installation, including but not limited to, roadways, traffic signalization, storm drainage, water service, sewer service and landscaping. In addition, Churchill Downs agrees to allow the City's designated architects, engineers, and landscape architects to review and comment on the design of all improvements to the Property constructed by Churchill Downs or its assignee. (2) Notwithstanding any provision herein to the contrary, Churchill Downs and the City understand and agree that all improvements associated with the Property and the Facilities, both off-site and on-site, and without regard to whether such improvements are designed, constructed and installed by or on behalf of the City, a public recreational facilities authority, or Churchill Downs, shall be designed, constructed and installed in accordance with any and all applicable federal, State and local laws, rules and regulations. 4. General Conditions. a. Notices. Any notices hereunder must be in writing to the parties at the addresses listed below, via certified mail, return receipt requested: To Churchill Downs Incorporated: Jeffrey M. Smith Senior Vice President Churchill Downs Incorporated 700 Central Avenue Louisville, Kentucky 40208 To the City of Virginia Beach: James K. Spore City Manager Municipal Center Virginia Beach, Virginia 23456 b. Captions. The captions used herein are for reference only and shall not limit or control any term or condition of this Agreement or the interpretation or construction thereof. c. Survival of Commitments. The commitments, representations and warranties of the parties hereto provided for in this Agreement shall survive settlement on the Property. d. Applicable Law. This Agreement shah be deemed to be entered into and shall be construed in accordance with the laws of the Commonwealth of Virginia. lo e. Non-Assignment. This Agreement shall not be assigned or otherwise transferred without the prior written consent of the City, which consent shall not be unreasonably withheld; provided, however, that Churchill Downs may assign or otherwise transfer this Agreement to its parent or any affiliated corporation, to a corporation, partnership or other entity in which Churchill Downs holds an interest, or to any joint venture, partnership or other entity in which Churchill Downs is a partner with one or more other entities; and further provided that notwithstanding any such assignment or transfer, Churchill Downs shah comply with its obligations as set forth in paragraph 1 .f. hereof. f. Construction Schedule. Churchill Downs and the City shall mutually agree on a reasonable construction schedule for the Facilities. Construction of the public improvements referenced herein shall commence upon commencement of construction of the Facilities and shall be completed prior to, or contemporaneous with, completion of the Facilities. g. Additional Conditions. In addition to the terms and conditions set forth herein, the City's obligations hereunder are further subject to those specific conditions set forth in the resolution adopted by the Council of the City of Virginia Beach, Virginia on July 6, 1993, a copy of which is attached hereto as Exhibit B and is hereby incorporated by reference. h. .Approval of Applications. Churchill Downs understands and agrees that the representations set forth herein shall not be deemed to require the City to act favorably with respect to any application for a rezoning or conditional use permit, or any permit or license required for the design, construction and operation of the Facilities, and that any such application will be considered based upon the merits of such application. i. Entir~ A~reement. This Agreement constitutes the entire understanding between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, negotiations and discussions not specifically 11 incorporated herein. No change, amendment or modification of this Agreement shah be binding unless in writing and executed by both parties. IN WITNESS WHE~OF, the parties have set their hands and seals as of the day and year first written above. CITY OF VIRGINIA BEACH By City Manager CHURCHILL DOWNS INCORPORATED STATE OF VIRGINIA: CITY OF VIRGINIA BEACH:, m-wit: By President , a Notary Public in and for the City and State aforesaid, do hereby certify that JAMES K. SPORE, City Manager for the City of Virginia Beach, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 1993. Notary Public My Commission Expires: 12 G. MAYOR'S PRESENTATION 1. FIRST COLONIAL HIGH SCHOOL - VIRGINIA STATE BASEBALL CHAMPIONSHIP H. PUBUC HEARING . WATER CONTRACT WITH CITY OF NORFOLK FY 1993-1994 Operating Budget Amendment RESOLUTIONS/ORDINANCES . Resolution authorizing the City Manager to enter into an Agreement of Intent between the City of Virginia Beach and Churchill Downs Incorporated to locate its horse racing facility in Virginia Beach; and, for the acquisition of right-of-way property. . . . Resolution approving the issuance of Refunding Revenue Bonds for Bridle Creek Apartments in behalf of the Fairfax County Redevelopment and Housing Authority (FCRHA) not to exceed $4,000,000. Ordinance re directing the City Attorney to have additional statistical, demographic and voting pattern analysis performed on proposed alternative electoral plans as selected by Council; AND, TRANSFER $18,000 from Reserve for Contingencies to the City Attorney for the costs associated with additional research and further analysis. Ordinance to establish the City of Virginia Beach Towing Advisory Board. U. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. . Resolution authorizing the City Manager to execute a Sewer Cost Participation Agreement with U. S. Postal Service re new Post Office Building in Robbins Corner (BAYSIDE BOROUGH). . Request to authorize a Cost Participation Agreement between the City of Virginia Beach and Virginia Department of Transportation (VDOT) re Rudee Inlet Bridge construction. . Ordinance re Virginia Resource Authority (VRA): a. Apply for an extension of time in which to spend VRA Funds. b. TRANSFER appropriations within the 1987, 1988 and 1990 Water and Sewer Revenue Bond Capital Projects Fund and the Water and Sewer Operating Revenue Capital Projects Fund. c. Satisfy VRA spending requirements for drawing down all VRA funding. . . . Ordinance authorizing Tax Refunds in the amount of $18,601.05. Ordinance authorizing Special Tax Refund in the amount of $575.21. Ordinance authorizing License Refunds in the amount of $4,138.42. K. PUBUC HEARING 1. PLANNING BY CONSENT a. Application of GLENN R. AND GENEVA S. ALLEN for a V~riance to Section 4.4.(d) of the Subdivision Ordinance which requires all lots created have access to a public street, at 3300 Harlie Court (KEMPSVILLE BOROUGH). Recommendation: APPROVAL b. Application of ANDREW L WATKINS for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by Subdivision meet all requirements of the City Zoning Ordinance, at 3864 Stumpy Lake Lane, containing 30,979 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL C. Application of LAND & COATES, INC. for a Conditional Use Permit for motor vehicle rentals (Ryder Truck) at the Southwest corner of Bonney Road and Chestnut Avenue (3775 Bonney Road), containing 30,718 square feet more or less (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Application of SHURGARD INCOME PROPERTIES ELEVEN, for a Conditional Use Permit for truck rentals on the South side of Virginia Beach Boulevard, East of Fair Meadows Road (5529 Virginia Beach Borough), containing 2.33 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of CHRISTIAN BROADCASTING NETWORK, INC. for a Change of Zoning District Classification from R-5D Residential Duplex District to 0-2 Office District on the following parcels, containing 40,946 square feet (KEMPSVILLE BOROUGH): Parcel 1; East side of Centerville Turnpike at the intersection with West Centerville Turnpike. Pa, rcel ;~: East side of Centerville Turnpike, 80 feet more or less North of the intersection with West Centerville Turnpike. Recommendation: APPROVAL Petition of LAWRENCE A. SANClUO, RACHEL V. SANClUO, LENA SANClUO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel Steingold for the discontinuance, closure and abandonment (LYNNHAVEN BOROUGH): (1) Wagner Street - Beginning at the Southern boundary of Bonney Road and running in a Southerly direction a distance of 1096 feet more or less to the Northern boundary of the Virginia Beach-Norfolk Expressway. (2) First Street - Beginning at the Western Boundary of Avenue E and running in a Westerly direction a distance of 349.78 feet. (3) Avenue E - Western 25.01 feet, beginning at a point 200 feet South of First Street and running in a Southerly direction a distance of 214.67 feet to the Northern boundary of the Virginia Beach-Norfolk Expressway. Recommendation: APPROVAL ge Application of LAWRENCE A. SANCIUO, LENA SANCIUO, GEORGE M. SULMVAN ESTATE, MAURICE STEINGOLD and LEWIS B. STEINGOLD, Trustee for Estate of Israel Steingold for a Change of Zoning District Classification from B-2 Community Business District to O-1 Office District on the West side of Avenue E, 280 feet more or less South of Bonney Road, containing 9.47 acres (LYNNHAVEN AND KEMPSVILLE BOROUGHS). Recommendation: APPROVAL h. Application of LAWRENCE A. SANClUO, LENA SANClUO, MAURICE STEINGOLD and LEWIS B. STEINGOLD, Trustee for Estate of Israel Steingold for a Conditional Use Permit for a mausoleum/cemetery on the West side of Avenue E, 280 feet more or less South of Bonney Road, containing 9.47 acres (LYNNHAVEN AND KEMPSVILLE BOROUGHS). Recommendation: APPROVAL L. APPOINTMENT HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS , School Capital Improvement Program and $24-Million FY 1994-1995 Shortfall. (Sponsored by Councilman John D. Moss) O. ADJOURNMENT CITY COUNCIL RECESS JULY 14 - 31, 1993 If you are physically disabled, hearing or visually impaired and need assistance at this meeting please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 6/29/93bp AGENDA\7-6-93.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 6, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER's BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 6, 1993, at 11:00 A.M. Council Members Present: John A. Baurn, Linwood O. Branch, III, James gE. Brazier, Jr., Robert W. Clyburn, Robert K~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss and Mayor Meyera E. Oberndorf Council Members Absent: Nancy ~ Parker [ENTERED. 11:20 A.M ] Vice Mayor William D. Sessoms, Jr. [ENTERED: 12:00 NOON] -2- CITY MANAGER'S BRIEFINGS TIDEWATER DETENTION HOME 11:00 A.M. ITEM # 36981 E. Dean Block, Director of Budget and Evaluation, referenced the Resolution authorizing the City Manager to enter into an agreement with the City of Chesapeake regarding usage of the Tidewater Detention Home, consistent with the FY 1993-1994 Operating Budget, on the City Council Agenda of June 22, 1993. Currently Tidewater Detention Home is a 52-bed facility and has significant overcrowding. This overcrowding has been identified for several years. In 1988, approximately $500,000 was placed in the Fiscal Year 1989 Capital Improvement Program with the concept of moving toward a 25-bed expansion. Since then, the problem of violent juvenile behavior and difficulties, which require secure detention, has continued to grow. As a consequence, the Tidewater Detention Home wished to expand their facility by another 25 beds, which would bring it basically to 100 beds. An additional $400,000 was approved in last year's Capital Improvement Program for this purpose. Virginia Beach currently utilizes approximately 60% of this facility. The City negotiated with Chesapeake and prepared an agreement. The agreement stipulates in exchange for the City's contribution to construction, the City would receive a $100,000 credit during the 1993/1994 Fiscal Year and for the next four fiscal years thereafter, after completion of the facility which is planned to be in July 1994, the per diem rates, which are $41.41 per day, would be frozen. The City shall have assured access to a minimum of 40 beds per day in the 100 bed expanded facility, and honor Judges' placement orders from the Virginia Beach Juvenile and Domestic Relations Dtstrict Court up to a maximum safe capacity of the facility. The City will receive additional advance notice should the facility have to restrict the total number of juvenile placements. The Chesapeake City Council approved this agreement on June 8, 1993. The Tidewater Detention Home's location enables compliance to the State's extensive standards. These standards include the facility must provide for individual rooms of at least 70 square feet, indoor recreation space and outdoor recreation space equal to twice the indoor recreation space, School Classrooms allowing for 30 square feet per student, with a gym, spaces for religious services and Day Room facilities must be provided. Administrative spaces must be provided. These standards are presently under review and are expected to become more stringent as the State Board of Youth and Family Services considers these issues in the light of additional problems. The City of Norfolk is currently building a 60-bed facility and expending approximately $8.5-MILLION, which equates to $107,000 per bed. Therefore, the City of Virginia Beach's method seems to be far more cost effective. However, the City must begin planning for additional space tn Virginia Beach. Chesapeake has been candid in advising a lO0-bed facility is as large a facility as feasible and will be the extent of their involvement. Mr. Block cited the advantages. If the City had simply contributed its $900,000, without any agreement, the five year cost would be anticipated to be in the vicinity of $4.2 to $4.5-MILLION. With the agreement, the five year cost will equate to the $2.7 to $2.9-MILLION range. If the City were to construct a building at the present time to meet the State standards and provide for space close to the Judicial Center, the City would likely be in the $5.2 to $7-MILLION range over the same five year period. These costs will eventually occur; however, prudence dictates these costs be postponed. The City will recover their investment in the Tidewater Detention Home within the five year period. It should be determined whether these facilities will be utilized to the maximum efficiency. The possibility of utilizing the old court buildings will also be examined when considering alternattves in the City building its own facility tn the future. The City staff will clarify issues relative lease purchase. The CRIME TASK FORCE has been also investigating this issue. Bruce Bright, Director of Court Services, advised the chronic runaway, if possible, would be placed in the City's Crises Home or Unit Four, a non secure detention facility. This Resolution will be SCHEDULED for the City Council Session of July 13, 1993 July 6, 1993 -3- CITY MANAGER'S BRIEFINGS RESIDE WITH PRIDE 11:38 P.M. ITEM # 36982 Allen Hartman, Co-Chair, presented the Reside with Pride Report through the utilizations of slides. and a Video Presentation. Reside With Pride is a public/private voluntary partnership dedicated to improving the phystcal quality of Virgtnia Beach's housing and neighborhoods. 2his is accomplished by: Increasing public awareness of the need to maintain housing and neighborhoods. Seeking, developing and creating resources needed to achieve goals and linking those resources to individuals and neighborhoods where they are needed. Assisting individual homeowners and neighborhoods with improvement projects. Reaching out to individuals, neighborhoods' and organizations to enlist them in the Reside with Pride's efforts. Identifying City Code changes that could assist efforts and seeking approval. John Kurtz, Co-Chair llousing and Commumty Projects Subcommittee, advised Chtef Gilbert J. Digby, Jr., also Co-Chair was one of the leaders of the Navy Seabees in the first year's efforts and was recruited to assist administratively this year. This year a formal application process was instttuted whereby residents of the City could apply for assistance from the Reside With Pride Committee. These apphcations were distributed throughout the various neighborhood civic leagues, the Public Information Office, Ctty Inspectors, Social Servtces, et cetera. Over thirty-two (32) applications were received this year Eight projects were selected for Reside With Pride's total participation. Materials and labor would be provided. In addition, the Commtttee was also able to provide materials to two neighborhoods for their own projects, where their own manpower was provided. In another neighborhood volunteers were provided for a cleanup project. Mr. Kurtz displayed slides showing e. xamples of various projects. The City was able to utilize the services of UCT ONE out of Little Creek relative a small beach cottage in the Shadowlawn area of the City, which had been cited for numerous violations by City Inspectors. Rotting doorways had to be repatred and replaced, a screen porch, and broken window panes. The two outbuildings were completely painted There were drainage problems from water running beneath the house. A landscape firm cleaned up the yard and cut the grass. A home on Doyle Way in Doyletown was corrected by Navy Seabees and Marines. Activities included demolishing a portion of the rear of the home which was destroyed by termites and water damage. This section was rebuilt from the ground up. Repairs were made to the heating system which was directing the heated atr to the outside. New exterior doors and siding was installed. The screened porch was dismantled with new treated wood and screening put in place. The yard was cleared of fallen tees and debrts, and the entire exterior was painted. Navy Seabees corrected numerous housing code violations while repairing and painting another home on Doyle Way for a very needy family. Activities included building a new handicap ramp, installing front and rear exterior doors large enough for a wheel chair, repatring windows/screens, and painting the entire exterior. A home in the Princess Anne Plaza Area, sponsored by FM 99 WNOR, is owned by a gentleman who is a quadriplegic and has not had the income level to do anything to his home. The radio station encouraged listeners to assist. Navy Seabees provided a new doorway where the resident couM exit from his room. Listeners provided a new roof, new guttering and painting. July 6, 1993 -4- CITY MANAGER'S BRIEFINGS RESIDE WITH PRIDE ITEM # 36982 (Continued) A home in Aragona on DeLaura Lane was assisted by members of ACB TWO out of Little Creek. The home was provided with a new roof and paint. The fencing was torn down and the grass cut. A home in the Timberlake section of the City was provided assistance by the Homeowners Association. Slides depicted certain homes on Princess Anne Road will be corrected next week with the assistance of the Virginia National Guard. The Sheriff's Work Force has already cleaned the yards. The Awareness Week Program - April 19 - 24, 1993, also requests all residents to participate. Priscilla Beede, Co-Chair - Reside with Pride, described the Neighborhood Perspective on Reside with Pride Program. The neighborhoods involved recruited willing volunteers who collectively put in many hours of work. Time involved was minimal per person due to the numerous volunteers who worked on each project. Navy involvement was of tremendous assistance. Giving someone a "hand up" as opposed to a "hand out" makes a difference in their byes. Mrs Beebe advised numerous businesses had provided support. Dr. Elsie Barnes, Co-Chair - Codes Committee, advised the Code Committee first met on June 29, 1992 The goals of the subcommittee were to review Policies and Procedures, which facilitate the City and neighborhoods working together, to address issues dealing wtth the residential property maintenance and offer recommendations for change, as appropriate. On September 30, 1992, the Subcommittee sponsored a Public Forum on the City's existing property maintenance codes at the Central Library. The purpose of the forum was to obtain input and comments from the public as to whether the City needs additional property maintenance codes to improve the appearance of its neighborhoods and to solicit ideas as to how code enforcement could be enhanced. More than 70 citizens attended. At the forum, nine (9) citizens addressed concerns ranging from favoring an ordinance regulating growth of shrubs and bushes to requesting an exemptton from the "weed" ordinance for large tracts of vacant land. The problems that surfaced most frequently dealt with the existing codes, which deal primarily with structural items. Thus, there is a tremendous need for codes which deal more vigorously with non-structural blight. The Code Subcommittee has been meeting monthly since the forum to consider changes in existing ordinances and the possible enactment of new ordinances. The "weed" ordinance, under study for changes to reflect recent environmental regulations, was reviewed by the committee and a provision was added to address a concern. The ordinance was amended to require cutting of weeds within 150 feet of developed properties or paved roads. The committee was also in agreement that the time frame in the '~]unk" ordinance be changed from ten (10) days to seven (7) days, as is being used in the revised "weed" ordinance. The most recent activity of the committee was to provide speakers at the Virginia Housing Study Commission Public Hearing on June 10, 1993, held at ODU. Committee Members testified for the need of state enabling legislation allowing localities to compel absentee landlords to maintain their properties. Such legislation would allow a local ordinance that requires that there be a local agent responsible for maintenance, or a local ordinance imposing some type of civil penalties for non-compliant landlords. Committee members also requested that localities be enabled to require Virginia Power to withhold service from vacated buildings until an inspection is conducted by code enforcement inspectors to assure that there is no safety hazards or serious maintenance code violations. The commission was also asked to recommend a change in the Statewide Building Maintenance Code that would requtre that paint on painted exterior decay resistant materials, such as brick, be maintatned or removed, if it ss peeling. Another major activity of the Codes Subcommittee was its supporting role of a pilot program known as the Neighborhood Quality Partnership Program. Under this pilot program, citizen volunteers were trained to survey and monitor the condition of properties in their neighborhood and to attempt to obtain voluntary correction of code violations through a letter signed by the President of the Civic League and the Director of Housing and Neighborhood Preservation. Currently, the Codes Subcommittee rv considering a final report on issues raised at the Public Forum and it ts explortng the problems created by school buses parking at the driver's home address. -5- CITY MANAGER'S BRIEFINGS RESIDE WITH PRIDE ITEM # 36982 (Continued) Helen Shropshire, Co-Chair - Publicity, advised education and communication are two very important words. The role of the Publicity Committee is to increase public awareness of all aspects' of Reside With Pride activities. To perform this role, the committee, consisting of City staff and volunteers working in the media, completed the following activities: The "Reside With Pride/Virginia Beach Pride" insert sections in the Virginia Beach Beacon were distrtbuted to all Virginia Beach households on April 17. Additional copies were distributed by the Public Information Office, the Chamber of Commerce, Military Newspapers and GSH Real Estate. Ads regarding RWP appeared in The Beacon; press releases were mailed to civic leagues; information mailings were made to the Chamber of Commerce; flyers printed for use by neighborhood groups; posters were produced. Radio spots, and a half-hour Cox cable feature were produced A videotape documenting RWP activities was produced. Copies of the report are hereby made a part of the record. Mr. Hartman advised the By-Laws have been adopted, Reside With Pride has filed incorporation papers with the State Corporation Commission, 501-C3 tax exemption status has been filed, the Subcommittee involvement has been expanded, the organization has branched out into some urban forestry work and have applied for three grants from the America the Beautiful project. July 6, 1993 -6- CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS DISTRICT ASSOCIATION IMPLEMENTATION ITEM # 36983 12:20 P.M. William J. Cashman, Jr., President - Central Business District Association, advised in the time since City Council APPROVED the Central Business District Master Plan, efforts have been made to ensure this Plan did not become simply a "document on the shelf" and steps have been taken toward the implementation of this plan. Mr. Cashrnan identified five (5) major areas of this Master Plan: Land Use Environmental Area Aesthetic Concern Adequacy of lnfrastructure Financial Mr. Cashrnan cited the Actions Areas: Land Use - Develop a mixed use district Uses - Permitted and Conditional Density - Coordinate the Floor Area Ratio with development in the area. Parking - Street Parallel Parking on interior streets, surface parking, structured parking, shared parking and offsite parking. Scale - Setbacks (bring building closer to the street), buil&ng heights, and coordinating signs. Design - Develop staff design standards to apply to Central District Zoning. Mr. Cashman hoped to finalize a DRAFT of this District, meet with adjacent property owners and the Planning Commission by the Fall. The next area of action would be the Infrastructure: Extension of Constitution Drive from Columbus Loop to Bonney Road Regional Stormwater Detention Basin (BMP) Landscaping City Streets, Medians and Curbs Underground Utilities Sewer Pump Station Small Park on Columbus Loop Connector to Mall Across Virginia Beach Boulevard. -7- CITY MANAGER'S BRIEFINGS CENTRAL BUSINESS DISTRICT ASSOCIATION IMPLEMENTATION ITEM # 36983 (Continued) The Financial area of action would entail a tax increment financing and a special taxing district. The CBD is investigating an Organization Structure to be assured there is Central Business District involvement in City's planning and programming. The CBD is looking to establish an ongoing relationship with the City to ensure both needs are addressed as the implementation is continued of the Master Plan. The Constitution Drive Flyover has been eliminated from the Plan. -8- CITY MANAGER'S PRESENTATIONS ITEM # 36984 The PENDING ITEMS UPDATE (copy of same distributed to Members of City Council) and the FUTURE WORKSHOP AGENDA will be rescheduled. July 6, 1993 -9- ITEM # $6985 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 6, 1993, at 12:52 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None July 6, 1993 - 10 - ITE~ # 369~6 Mayor Meyera E. Oberndorf 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 purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Community Services Board To-Wit: Appointments - Boards and Commissions: Human Rights Commission Francis Land House PERSONAL MATTERS: The protection of the privacy of individuals in personal matters and related to public business pursuant to Section 2.1 - 344(A)(4) To-Wit: Recipients of Services from Community Services Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Acquisition and Disposition of Real Property for a Public Purpose - Princess Anne Borough LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaimng to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Legal Briefing Related to Financing Issues Regarding a proposed Race Track. Upon motion by Vice Mayor Sessorns, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy ~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 11 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL July 6, 1993 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 6, 1993 at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazter, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Paul C. Bailey, D.D. Virginia Beach United Methodist Church PLEDGE OF ALLEG~CE TO THE FLAG OF THE UNITED STATES OF AMERICA July 6, 1993 - 12 - Item V-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 36987 Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, 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; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 6, 1993 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 # 36986 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 certificatioh 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 members knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. City Clerk July 6, 1993 - 13 - Item V-F. 1/2. MINUTES ITEM # 36988 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 22, 1993, and the SPECIAL FORMAL SESSION of June 29, 1993. Voting: 11-0 Council Members Voting Aye: John ,4. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None - 14 - Item V-G. MA YOR 'S PRESENTATION ITEM # 36989 Mayor Oberndorf commended the First Colonial High School Patriots' Baseball Team on its 1993 Virginia State Championship of the Virginia High School League. The Team was undefeated and untied. Nathan Allen - Left Field Paul Milford - Outfield Buzz Laird - Second Base Marc Atkins - Second Base Pat Cecchini - Short Stop Jamie Booth - Pitcher David Ogle - Third Base Brian McClain - Outfield Matt Liebler - Right Field Jason Mann - Pitcher, First Base Tyler Brown - Pitcher Nathan Thomas - First Base, Pitcher Rob Chambers - Catcher Chris Cummings - Third Bse Andy Mitchell - Left Field Jason Bozard - Right Field Ray LaFave - Center Field Steve Johnson - Pitcher Ryan Dunbar - Catcher Rob Reuter - Outfield Todd Benko - Outfield Norbie Wilson Head Coach Jimmy Hunt Doug Brown Hugh Halinan Assistant Coaches Chris Felton Manager July 6, 1993 CO~III~DIN~ ~[E FIR~ C0£0~IA£ Ill~ll JCIlO0£ l~At~IOl~J' B/~B~£ ~ 0~i VIRGINIA ~(AtHC CIU~NI~IOR.{4IIP OF ~1~ OIRGXWIA llI~l ~CI{~)~Z []1~: the First Colonial I{loh }chool Patriots' baseball team captured the 1993 Vlrolnla ~tate Championship o[ the Virginia High ~chool Ceaguc; ~he PatrlL,~s defeated kempsuille Iligh }chaal to win thc Beach District by a score of 4-3, they ~ucnt un to beat ~aury High }chool, ~estern Branch Ii,oh }chuol, and Kcmpsuillc llloh ~chool tu win the Eastern Region Championship; []rE~: tile firs~ Colonial High }chuul Patriots' baseball team advanced to thc state ~hampionsh~p by ~cfeat{ng ~llls Godwin Iligh ~choal by a score of 1-0, first Colon{al High }chool Patriots' triumph over Cake Braddock I{loh }chool of Falrfax County, set a state AAA baseball season record and capped an undefeated season a record ~lf 28 mins and no losses, u~hl lc a perfect season and a championship title arc singularly uutstandln§ accomplishments, attain{n~ both is, ln,~eed, unique and the City Council appreciates, Ct~lly, i-hat "all excellent, t'hings are as difficult as they are rare"; tile F~rst Colonial Patriots' baseball championship represents a corn~nitmcnt to excellence un behalf of tile students, coaches, ant] the entire school curr~un~ty, NOir, ~i{~RE, BE I{ EF~£UEZ): that ~he (l~g Council co~enO ~hc Ftrs~ Colonial illth }chool ra~r~o~s' Baseball [cam on 1993 Uiroin{a ~a~e Championship an~ ~hcir undefeated and un~lc~ season rococos, and, be iL, ilEJ~CUEI), iqltttr]O~, that' the City Council cormnend the faculty, parents, and student body of First Colon,al Ilzgh ~ChOL~I f~]r l~hezr support' throughout the Patriots' championship season, anO, be it ~Ci~ED, [INALL~}, that the Clerk ~,f tile City Council prepare a copy u[ this Resolution for thc prcscnt, at{~]n t,] f,rst C~ll~}n~al II{oh ~choiJl in honor of the t. cam's ,l~tstandino season. 61uen under our hands and seals th~s .mixt. h day of ~uly, Nineteen Ih{nOted and Ntnc~g-ghrce. / 3ahn A. Baum Cinwnod O..Branch, III 3~s ~.~ra{i~.-3~ ' Ro~K.~ Co~s R. ~nes Paul O. C~nteigne flahn O. ~oss meycra E. Oberndorf mayor I II). {). ~cssoms, Jr. Vice ma~ar - 14a - Item V-H. PUBLIC HEARING ITEM # 36989a Mayor Oberndorf DECLARED A PUBLIC HEARING: WATER CONTRACT WITH CITY OF NORFOLK FY 1993-1994 Operating Budget Amendment There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. July 6, 1993 - 14a - Item V-H. PUBLIC HEARING ITEM # 36989a Mayor Oberndorf DECLARED A PUBLIC HEARING: WATER CONTRACT WITH CITY OF NORFOLK FY 1993-1994 Operating Budget Amendment There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. July 6, 1993 - 15 - Item V-I. 1. ORDINANCES~RES OL UTIONS ITEM # 36990 The following spoke in SUPPORT of the Resolution: Dr. Edward E. Brickell, 6310Atlantic Avenue, Phone: 486-8866, represented Virginia Beach Vision, Inc. Christopher Wood, 245 Lake Drive, Phone. 422-6202 Robert Jones, 2213 Windward Shore Drive, Phone: 481-2615 Nancy Creech, 245 lOngs Grant Road, Phone: 486-1482, represented Virginia Beach Vision and Virginia Beach Unlimited. Herbert Culpepper, 1753 Indian River Road, Member of Virginia Beach Vision, Past President of Virginia Quarterhorse Association and President of Back Bay/Pungo Civic League. Attorney Andrew Fine, 6810 Oceanfront, Phone: 428-5523 William Thumel, Jr., 917 Holladay Point, Phone: 425-8546, Chairman - Virginia Beach Chamber of Commerce/Virginia Beach Council. Jimmy Capps, 940 Cardinal Road, Phone. 428-4099, motel owner and represented Virginia Beach Vision. David Hewes, 3109 Crestwood Lane, Phone: 427-9607, Vice President of the Virginia Beach Fraternal Order of Police Edmund Ruffin, 932 Laskin Road, Phone: 491-7700, represented the Resort Area Advisory Commission Henry Richardson, President of Virginia Beach Hotel and Motel Association Michael Barrett, 4512 Virginia Beach Boulevard, Phone: 490-12223, represented the Hampton Roads Chamber of Commerce Bill Miller, 1900 Channel Points Lane, Phone: 481-0360 Betsy Duke, 301 Booty Lane, Phone: 422-0000, President of the Bank of Tidewater Steve Barnes, Vice President - Virginia Beach Board of Directors - Virginia Beach Farm Bureau, 1771 Princess Anne Road, Phone: 426-6115. Mr. Barnes presented letter of support. Lee H. Dupree, 1000 Bobolink, Phone: 428-8063, represented the Council of Civic Organizations The following expressed concerns relative the Resolution: John Parmele, 1316 Yawl Point, Phone: 481-1259, expressed concern for the adjacent residents of Lake Placid and the water situation, but did support the concept. Maxine Graham, 3057 Sandpiper Road, Phone: 721-3000, expressed concern relative casinos following in the wake of the race track, but expressed appreciation to Churchill Downs for choosing the City. Sheldon Corner, 325 Susan Constant Drive, Phone: 428-1731, active in the North Virginia Beach Civic League, expressed concerns relative proximity to Oceana and distributed memorandum relative horse racing. John Vogel, 2400 London Bridge Road, Phone: 427-6610, concerned with Oceana Flight Operations, as well as lighting, noise and water. The following spoke in OPPOSITION: Donald Spitz, 2036 Kersey Avenue, Norfolk, Phone: 587-2027 Lou Pace, 1908 Hunts Neck Court, Phone. 468-0925 July 6, 1993 - 16 - Item V-L 1. ORDINANCES/RESOLUTIONS ITEM # 36990 (Continued) Upon motion by Councilman Lanteigne, seconded by Councilman Clyburn, City Council ADOPTED, AS AMENDED: Resolution authorizing the City Manager to enter into an Agreement of Intent between the City of Virginia Beach and Churchill Downs Incorporated to locate its horse racing facility in Virginia Beach; and, for the acquisition of right-of-way property. The Agreement of Intent was revised. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean*, Louis R. Jones, Paul J. Lanteigne, John D. Moss*, Mayor Meyera E. Oberndorf*, Nancy K. Parker* and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Non e * Council Members Absent: None *Mayor Oberndorf, and Council Members Dean, Moss and Parker voted a VERBAL NAY on Lines 59 - 66 and 165 - 176 relative the Southeastern Expressway July 6, 1993 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT OF INTENT BETWEEN THE CITY OF VIRGINIA BEACH AND CHURCHILL DOWNS INCORPORATED AND TO ENTER INTO AN AGREEMENT FOR THE ACQUISITION OF PROPERTY FOR RIGHT-OF-WAY PURPOSES 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, the registered voters of the City of Virginia Beach, at a referendum held on November 3, 1992, voted favorably on the questions of whether pari-mutuel wagering should be permitted at a licensed racetrack in the City, and whether pari-mutuel wagering should be permitted at satellite facilities in the City; WHEREAS, on December 8, 1992, City Council adopted a resolution inviting "parties interested in establishing a racetrack for horse racing in the City of Virginia Beach to contact the City Manager to begin discussions that could be mutually beneficial to both the interested parties and the citizens of Virginia Beach"; WHEREAS, on February 23, 1993, City Council adopted a resolution extending "an invitation to Churchill Downs, Inc. to officially visit the City of Virginia Beach to consider the establishment of Virginia's first horse racing facility in this City"; WHEREAS, the City has determined that it would be a substantial benefit to the City of Virginia Beach and in the public interest of its citizens if Churchill Downs were to locate a horse racing facility within the City's boundaries and related off-track betting facilities throughout Virginia; WHEREAS, the location of such a facility within the City's boundaries would result in substantial direct and indirect economic and other public benefits to the City including, but not limited to, an increase in the City's tax base, the creation of jobs, the fostering and enhancement of the local tourism industry, the availability of the facility for public use, the fostering and 34 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 enhancement of the local agricultural and related industries, and the preservation of open space and agricultural land; WHEREAS, the City has offered certain incentives as set forth in an Agreement of Intent in order to induce Churchill Downs to locate such facility within the City's boundaries; WHEREAS, some of these incentives will require the development of various studies and documents and, therefore, will be conditioned upon City Council's approval of such studies and documents; WHEREAS, Churchill Downs has expressed its intention to locate such facility within the City's boundaries based upon the availability of these incentives and in accordance with the terms and conditions set forth in the agreement of intent, and in this resolution; WHEREAS, it is contemplated that the proposed site for the facility and certain improvements thereon will be acquired or constructed by a public recreational facilities authority, maintained in public ownership and leased to Churchill Downs, or its authorized assignee, upon the issuance of a license for operation of the facility, and it is further contemplated that the track, grandstand and other related facilities, and the off-track betting facilities will be financed by Churchill Downs' investors and by a loan to Churchill Downs from a lending institution which lending institution will have a senior claim to revenues of such facility; WHEREAS, certain property in close proximity to the proposed location of the facility may be needed for the future construction of the Southeastern Expressway; and WHEREAS, City staff has determined that it would be prudent and advisable for the City to obtain such property for possible future roadway use before any improvements to same are undertaken so as to avoid a likely increase in acquisition costs and/or the payment of damages to the landowner. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 69 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 That the City Manager is hereby authorized to enter into an agreement of intent between the City of Virginia Beach and Churchill Downs Incorporated ("Churchill Downs") subject to the terms and conditions set forth therein, which agreement of intent is attached hereto as Exhibit A, and is hereby incorporated by reference; BE IT FURTHER RESOLVED: That, upon a determination by Churchill Downs that it has selected a site in the City of Virginia Beach for the construction and operation of a horse racing facility, the City Manager is authorized to meet with the Sports Authority of Hampton Roads regarding its participation in the Churchill Downs project i di ~,,~ ~+ ........ ~.. ~-~A~ ~A its acquisition of the nclu ng, .................. ~ ........... , facility site, the construction of certain infrastructure improvements on the site, the issuance of its bonds to finance such site acquisition and improvement, and the lease of the site and improvements thereon to Churchill Downs. BE IT FURTHER RESOLVED: That the City Council hereby expresses its intent to agree that the City of Virginia Beach will seek to induce the Sports Authority of Hampton Roads or such other public recreational facilities authority as may participate in the Churchill Downs project ("Authority") to issue its revenue bonds in an amount not to exceed Seventeen Million Eight Hundred Thousand Dollars ($17,800,000.00), the proceeds of which will be applied to certain facilities in the City of Virginia Beach which have a public purpose. The inducement will be in the form of the City's agreement to provide such funds as from time to time may be necessary to restore such Authority's revenue bond debt service reserve fund to a required amount should that fund at any time be less than the required amount provided that the funds so provided shall not exceed Two Million Two Hundred Fifty Thousand Dollars ($2,250,000.00) annually while such bonds are outstanding (the Debt Service Reserve Restoration Agreement), subject to the following conditions: 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 (1) Review and approval of the Debt Service Reserve Restoration Agreement as to content by the City Managerv~ ~-..~ ~"~" ~--~-~-~ ~-~ .... and as to legal sufficiency by the City Attorney and subject to final approval of the City Council; (2) City Council's review and approval of the lease agreement and all other necessary and required agreements between the Authority and Churchill Downs or its authorized assignee; (3) Receipt of an opinion from the City's Bond Counsel that the Debt Service Reserve Restoration Agreement is legally valid and binding and that any obligations thereof do not constitute an indebtedness within the meaning of any debt limitation or restriction, constitutional or charter; (4) Independent verification by the City Council of projected revenues and expenses indicating that it is reasonable to expect that the debt service coverage for the Authority's bond issue is attainable; (5) Receipt of a properly and adequately documented construction budget with written assurances that the project will be completed within that budget, and holding the City and Authority harmless for cost overruns; (6) Execution of a covenant by Churchill Downs and the Authority that other than the initial financing as contemplated by the parties of the horse racing facility and related off-track betting facilities, neither Churchill Downs, its assignee, nor the Authority will assume or issue any debt on parity with or senior to the bonds of the Authority without the prior written approval of the Authority and the City; provided, however, that this condition shall not preclude lenders from advancing reasonable working capital to Churchill Downs or its assignee necessary for the ongoing management, maintenance and operation of the horse racing facility and related off-track betting facilities; (7) The Authority and the City shall have a recorded lien upon all improvements to the horse racing facility and related off- track betting facilities and all other assets which are subject to the lien of the senior bank note except accounts receivable and 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 inventory, which lien shall be second in priority only to the outstanding balance of the original bank note advanced to Churchill Downs to finance the construction of such facilities, improvements and assets, and any working capital necessary for the ongoing management, maintenance and operation of the horse racing facility and related off-track betting facilities not to exceed a reasonable amount to be agreed upon by the parties. The extent of the second lien shall be in an amount equal to the aggregate amount of the principal and interest on the Authority's bonds, provided however, such lien shall be enforceable only to the extent of the amount equal to the value of the lease payments from Churchill Downs to the Authority in arrears plus accumulated interest at a rate of one percent (1%) higher than the interest rate on the senior note, compounded annually. (8) Review and approval by City Council, Bond Counsel, and the City Attorney of such contracts and bond documents as may be required to affect the intent of this resolution; (9) Review and approval, by City Council and the City Attorney, of a contractual agreement between the City and the Authority; (10) Receipt of appropriate legal opinions on all matters for which the City Attorney deems such an opinion to be necessary; and (11) Receipt, by City Council, of any other documentation which it deems appropriate for the Council to review prior to its final approval of the City's guarantee. BE IT FURTHER RESOLVED: That the City Manager is hereby authorized to enter into an agreement for the City to purchase a 55 ± acre parcel which may be required for the Southeastern Expressway and which is described as "± 55 AC" on that certain plat entitled "Composite Plat of Portion of Property owned by Taylor Group, L.P.," a copy of which is attached hereto as Exhibit B. The City and the owner shall each have the property appraised and based upon such valuations, a sale price shall be determined which shall not exceed the fair market value of the property. However, in no case shall the price to be 174 175 176 177 178 179 180 181 182 paid exceed $29,636.00 per acre. Any agreement for the purchase of the 55 ± acre parcel must be approved by the City Attorney prior to execution by the City Manager. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of 3uly CA-5201 ORDIN\NONCODE\3CDOWNS.RES R-1 PREPARED: 07/06/93 1993. AGREE,MENT OF INTENT THIS AGREEMENT is entered into this day of July, 1993, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia, whose address is Municipal Center, Virginia Beach, Virginia 23456 (hereinafter the "City"), and CHURCHILL DOWNS INCORPORATED, a Kentucky corporation, whose address is 700 Central Avenue, Louisville, Kentucky 40208 (hereinafter "Churchill Downs"). WITNESSETH: WHEREAS, the registered voters of the City of Virginia Beach, at a referendum held on November 3, 1992, voted favorably on the questions of whether pari-mutuel wagering should be permitted at a licensed racetrack in the City, and whether pari-mutuel wagering should be permitted at satellite facilities in the City; WHEREAS, on December 8, 1992, City Council adopted a resolution inviting "parties interested in establishing a racetrack for horse racing in the City of Virginia Beach to contact the City Manager to begin discussions that could be mutually beneficial to both the interested parties and the citizens of Virginia Beach"; WHEREAS, on February 23, 1993, City Council adopted a resolution extending "an invitation to Churchill Downs, Inc. to officially visit the City of Virginia Beach to consider the establishment of Virginia's first horse racing facilities in this City", WHEREAS, the City has determined that it would be a substantial benefit to the City of Virginia Beach and in the public interest of its citizens if Churchill Downs were to locate horse racing facilities within the City's boundaxies; WHEREAS, the location of such facilities within the City's boundaries would result in substantial direct and indirect economic and other public benefits to the City including, but not limited to, an increase in the City's tax base, the creation of jobs, the fostering and enhancement of the local tourism industry, the availability of the facilities for public use, the fostering and enhancement of the local agricultural and related industries, and the preservation of open space and agricultural land; WHEREAS, the City has offered certain incentives as herein set forth in order to induce Churchill Downs to locate such facilities within the City's boundaries; WHEREAS, Churchill Downs has expressed its intention to locate such facilities within the City's boundaries and in accordance with the terms and conditions specified below; and WHEREAS, it is contemplated that the proposed site for the facilities will be purchased by a public recreational facilities authority, that certain improvements will be constructed thereon, and that the site, as improved, will be leased to Churchill Downs, or its authorized assignee, upon the issuance of a license for operation of the facilities. NOW, THEREFORE, in consideration of the premises, Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Intent of Parties. Notwithstanding any provision herein to the contrary, it is the intent of the parties hereto, by execution of this Agreement, to set forth their respective obligations in the event Churchill Downs decides to locate and construct the Facilities on the Property. The City understands and agrees that Churchill Downs, in its sole discretion, will determine if the subject site is suitable for construction of the Facilities and is financially feasible for the purposes set forth herein. Thereafter, upon commencement of the construction of the Facilities on the Property, the terms and provisions of this Agreement shall be enforceable. Likewise, Churchill Downs acknowledges that the City is under no duty to perform its obligations hereunder unless and until Churchill Downs begins construction of the contemplated Facilities and proceeds toward completion in a manner consistent with the terms and conditions of this Agreement. 2. Churchill Downs' Commitments In reliance upon the City's commitments as set forth herein, Churchill Downs agrees as follows: a. Development of Horse Racing Facilities, Churchill Downs will construct, maintain, and operate horse racing facilities (hereinafter the "Facilities") on approximately two hundred and forty-five (245) acres of land in the City of Virginia Beach bounded on three of four sides by Dam Neck Road, Harpers Road and London Bridge Road, being a portion of property more commonly known as the Taylor Farm as shown on Exhibit A which is attached hereto and is hereby incorporated by reference (hereinafter the "Property"). The Facilities shall contain on-site off-track betting (OTB) facilities and shall be constructed as quality horse racing facilities that is anticipated to represent an investment of approximately Fifty Million Dollars ($50,000,000), and in addition, Churchill Downs will construct, maintain and operate up to six (6) off-track betting facilities throughout the Commonwealth of Virginia, one (1) of which may be located in the City of Virginia Beach. b. Dedication of Rights-of-Way and Easements. Churchill Downs will facilitate the dedication of property to the City for rights- of-way and easements (as more specifically set forth herein) for the purpose of enabling the City to provide the improvements specifically described herein. c. Use of Facility by City_. Churchill Downs will make the Property and the Facility available to the City, for an amount not to exceed Churchill Downs' out-of-pocket expenses, on designated days, for use by the City for City-sponsored events, parking, and other public uses. The specific dates, times and uses to be permitted pursuant to this subsection shall be set forth in a subsequent agreement, the terms and conditions of which shall be negotiated by the parties hereto. d. Mounted Police Facility_. Churchill Downs will sub-lease to the City Mounted Police Unit stalls for the stabling of up to twenty-four (24) horses, and necessary tack facilities. Churchill Downs will provide water and electricity to these facilities. The City and Churchill Downs shall execute a lease for the referenced facilities containing mutually agreeable terms and conditions. e. Collection/Dist>osal of Manure. -- (1) Churchill Downs agrees to collect and transport all manure and bedding materials generated at the Facilities to suitable sites on the Property, agreeable to the City, where final collection of such materials by the City can be made. The City agrees to make such final collections on a routine basis, but not less frequently than once every two (2) days; provided, however, that the City shall make such collections on a daily basis during thoroughbred meets; and further provided that Churchill Downs and the City may mutually agree that, during certain periods of time, a less frequent collection schedule is adequate. (2) In the event the City determines that it is not able to collect and dispose of such materials without incurring a net cost for such collection and disposal, Churchill Downs agrees to pay the City Four Dollars ($4.00) per ton of material so collected and disposed of; provided that Churchill Downs' obligation hereunder shall not exceed Forty- Eight Thousand Dollars ($48,000.00) per year, and further provided that in no event shall Churchill Downs' obligation hereunder exceed the net cost, if any, incurred by the City for such collection and disposal. This provision shall be in effect for ten (10) years from the date an occupancy permit for the Facilities is issued. At the end of such ten-year period, the parties may renegotiate this provision upon mutually agreeable terms and conditions. f. Operation of Facilities (1) It is essential to the interests of the City that Churchill Downs, Inc. be involved in and responsible for the management of the facilities, therefore regardless of whether or not this Agreement is assigned or transferred by Churchill Downs as permitted herein, Churchill Downs agrees that it will have primary responsibility for the design and construction of the Facilities. Churchill Downs also agrees that it will have primary responsibility for the management, maintenance and operation of the Facilities for at least ten (10) years from the first date upon which the Facilities are open to the general public, or until the balance of the debt service reserve fund of any public recreational facilities authority as provided in paragraph 3m hereof plus the accumulated value of the following revenues generated by the facilities and received by the City, including the value of an imputed interest rate on the accumulated revenues equal to the then current six (6) month treasury note rate compounded semi-annually, equals or exceeds the total of the remaining principal and accrued interest of the debt of the Authority and the City's initial out-of-pocket commitments to the facilities, whichever occurs last. The identified revenues are taxes received from: concessions, seat and program sales, pari-mutuel wagering, horse sales/claims, and fifty (50) percent of the admissions. Churchill Downs shall not otherwise be relieved of this responsibility without the prior written consent of all parties who have outstanding loans, investments, or other long-term financial obligations related to the Property and/or the improvements constructed thereon. (2) Churchill Downs agrees to use its best efforts to insure that such management, maintenance and operation are conducted in accordance with the highest standards in the horse racing industry; provided, however, that the provisions of this paragraph f shall not be construed as a guarantee by Churchill Downs of the profitability of the Facilities. 3. City Commitments In reliance upon Churchill Downs' commitments as set forth herein, the City agrees as follows: a. Direct Access From Dam Neck Road and Harpers Road Intersection. The City, at no cost to Churchill Downs, will improve the intersection of Dam Neck Road and Harpers Road. The improvements will consist of an intersection such that the southern leg will curve eastward as a four lane road providing access to the Property line. Improvements provided by the City shall include drainage culverts of adequate capacity and length for the above-referenced four lane road, as well as adequate lighting and signalization. This access is planned to be the primary entrance to the parking area of the Facilities. b. (~orl?/Median Cuts and Turn Lanes. The City, at no cost to Churchill Downs, will construct up to two (2) curb and median cuts along London Bridge Road to provide access to the Property. Left and right turn lanes of adequate capacity will be included as a part of the construction of each of the two (2) curb and median cuts. One of the median cuts, as specified by Churchill Downs, shall be constructed with a left hand turn lane to the Property; and a second left-turn lane servicing the opposite property shall be constructed simultaneously, subject to such property owner's participation in the costs of the turn lane servicing such property. The City, at no cost to Churchill Downs, will also construct a fight turn lane of adequate capacity at the existing median and curb cut on Dam Neck Road approximately one thousand and eight hundred (1800) feet east of the Harpers Road intersection. Churchill Downs will facilitate the dedication of fight-of-way as required to accommodate turn lane construction. c. Traffic Signals and Signs. In addition to upgrading the traffic signals at the Harpers Road and Dam Neck Road intersection, the City, at no cost to Churchill Downs, will provide appropriate traffic signals for the curb/median cut access point on Dam Neck Road and for one (1) of the curb/median cut accesses on London Bridge Road. Appropriate signage will be provided at each entrance to the Property as deemed necessary for safety and traffic control. d. Storm Drainage. The City will provide, at no cost to Churchill Downs, off-site storm drainage improvements necessitated by the construction of off-site roadway improvements and, if necessary, will provide access to said storm drainage improvements from the Property. e. Old London Bridge Road. The City will provide staff assistance to Churchill Downs or a public recreational facilities authority in acquiring from the Commonwealth of Virginia the underlying fee of that portion of the existing right-of-way of Old London Bridge Road which abuts or traverses the Property, subject to existing access rights, if any, of adjoining property owners. f. Landscaping. The City, at no cost to Churchill Downs, shall provide and install the following landscaping plantings and elements: (1) Dam Neck Road. Street tree plantings meeting, at a minimum, the requirements of City Code, Appendix E, "Tree Planting, Preservation and Replacement" shall be planted in the public right-of-way along both sides of Dam Neck Road between the proposed Southeastern Expressway and Harpers Road. Street tree plantings meeting the referenced requirements shall be planted in the median within the boundary limits described. The existing berm along the south side of Dam Neck Road adjacent to the Property shah be made continuous with the exception of access points to the Property. (2) Lon~lon Bridge Road. Street tree plantings meeting, at a minimum, the requirements of City Code, Appendix E, "Tree Planting, Preservation and Replacement" shall be planted in the public right-of-way along both sides of London Bridge Road adjacent to the Property. Street tree plantings meeting the referenced requirements shall be planted in the median within the boundary limits described. (3) Southeastern Expressway. Contemporaneous with the construction of the Southeastern Expressway, the City shall construct, or cause to be constructed, a continuous berm, screening wall, or combination thereof along the right-of- way for the section of the Southeastern Expressway which is contiguous to the Property. Such berm, screening wall, or combination shall be reasonably adequate for sight and sound attenuation. In areas, if any, where a berm is constructed, street tree plantings similar to the requirements of the City Code, Appendix E, "Tree Planting, Preservation and Replacement" shall be placed on the slope of the berm, facing the Property, so the plantings project above the top of the berm. Similar plantings shall be placed at the base of the berm on the side facing the Property. Additionally, a screening hedge and other plantings shall supplement the above-mentioned trees as necessary for the purpose of further sight and sound attenuation. In areas, if any, where a screening wall is constructed, street tree plantings similar to the requirements of the City Code, Appendix E, "Tree Planting, Preservation and Replacement" shall be placed at the base of such wall, facing the Property, as well as a screening hedge and such other plantings as may be necessary to provide additional sight and sound attenuation. g. Sewer Service. The City will construct, at no cost to Churchill Downs, a City owned and maintained sewage pumping station, force main, and inflow gravity sewer of sufficient capacity and depth to accommodate the needs of the Property and Facilities. Churchill Downs will facilitate the dedication of adequate property and easements to the City, agreeable to the parties hereto, as may be necessary to construct, operate and maintain the system. In the event the location of the pumping station is on property that is not owned by Churchill Downs, the City will obtain the necessary property and easements for construction of the pumping station. h. Electric Service and Natural Gas Service, The City will, at no cost to Churchill Downs, provide or cause to be provided, and assist in coordinating the provision of, electric service and natural gas service to the Property line in accordance with the required demand of the Facilities; provided, however, that the cost to the City to provide, or facilitate the provision of, such services shall not exceed Two Hundred Thousand Dollars ($200,000). i. Water Service. The City, at no cost to Churchill Downs, will provide, to the Property line, water service of adequate quantity and residual pressure to maintain a sprinklered fire suppression system for all buildings, including barn structures, located on the Property in accordance with or exceeding all applicable building, safety, and NFPA Codes. j. Job Training Funds. The City will offer such assistance as may be required to insure that the Commonwealth of Virginia provides up to Seven Hundred and Fifty Dollars ($750.00) per employee trained for new employment positions created at the Facilities during the first year of its operation. k. Pol~li~; Transportation. In cooperation with the Tidewater Regional Transit Authority, the City will insure that adequate public transportation is provided between the Resort Area and the Facilities. Further, the City will construct or cause to be constructed, at no cost to Churchill Downs, a public transportation pick-up station on the Property. Churchill Downs will facilitate the provision of the necessary dedications of rights-of-way and easements to ensure the efficient ingress and egress of such public transportation. 1. Joint AOvertising. Prior to the opening of the Facilities, the City will spend an amount of up to Two Hundred and Fifty Thousand Dollars ($250,000) on a joint advertising campaign with Churchill Downs designed to bring additional tourists to the City, and to promote and market the Facilities. After the Facilities have opened, the City will also spend an amount of up to Two Hundred and Fifty Thousand Dollars ($250,000) on such joint advertising campaign for the first year that the Facilities are in operation, One Hundred and Fifty Thousand Dollars ($150,000) for the second year of operation, and One Hundred Thousand Dollars ($100,000) for the third year of operation. m. Financin~ Plan. -- The City will work with Churchill Downs to develop a mutually acceptable financing plan for the Facilities, including off-track facilities. Such a plan is expected to include private equity, private debt and such public debt, including credit enhancements, as may be necessary and appropriate. It is expected that a public recreational facilities authority created pursuant to State law will be asked to issue its revenue bonds as permitted by the Code of Virginia. The City agrees to provide such funds as from time to time may be necessary to restore the debt service reserve fund of such authority to a required minimum balance; provided, however, that the amount of funds the City agrees to provide hereunder shall not exceed Two Million Two Hundred and Fifty Thousand Dollars ($2,250,000) per annum. Such funds shall be provided in accordance with the financial plan to the extent permitted by law, and in recognition of the economic and other public benefits that will be realized by the City and its citizens as a result of the location of the Facilities in the City. n. Governmental Ar>r>rovals. The City will appoint a staff committee to assist Churchill Downs in expediting any and all governmental approvals necessary to complete the Facilities in a timely manner. o. Traffic Control, Upon the request of Churchill Downs, the City will provide traffic control personnel at public access points adjacent to the Property on days when large crowds are projected. The City and Churchill Downs will work to refine this requirement as racing schedules are developed. p. Wetlands. The City will provide reasonable staff assistance in the delineation, mitigation, and creation of wetlands as may be required to facilitate development of the Property. qa Design. Const~"uction and Installation Review. -- (1) The City agrees to allow Churchill Downs' designated architects, engineers and landscape architects to review and comment on the design, construction and installation of all public improvements referenced herein, contemporaneous with such design, construction, and installation, including but not limited to, roadways, traffic signalization, storm drainage, water service, sewer service and landscaping. In addition, Churchill Downs agrees to allow the City's designated architects, engineers, and landscape architects to review and comment on the design of all improvements to the Property constructed by Churchill Downs or its assignee. (2) Notwithstanding any provision herein to the contrary, Churchill Downs and the City understand and agree that all improvements associated with the Property and the Facilities, both off-site and on-site, and without regard to whether such improvements are designed, constructed and installed by or on behalf of the City, a public recreational facilities authority, or Churchill Downs, shall be designed, constructed and installed in accordance with any and all applicable federal, State and local laws, rules and regulations. 4. General Conditions. a. Notices. Any notices hereunder must be in writing to the parties at the addresses listed below, via certified mail, return receipt requested: To Churchill Downs Incorporated: Jeffrey M. Smith Senior Vice President Churchill Downs Incorporated 700 Central Avenue Louisville, Kentucky 40208 To the City of Virginia Beach: James K. Spore City Manager Municipal Center Virginia Beach, Virginia 23456 b. Captions. The captions used herein are for reference only and shall not limit or control any term or condition of this Agreement or the interpretation or construction thereof. c. Surviv{ll of Commitments. The commitments, representations and warranties of the parties hereto provided for in this Agreement shall survive settlement on the Property. d. Applicable L~w. This Agreement shall be deemed to be entered into and shall be construed in accordance with the laws of the Commonwealth of Virginia. lo e. Non-Assi£nment. -- This Agreement shall not be assigned or otherwise transfe~ed without the prior written consent of the City, which consent shall not be unreasonably withheld; provided, however, that Churchill Downs may assign or otherwise transfer this Agreement to its parent or any affiliated corporation, to a corporation, parmership or other entity in which Churchill Downs holds an interest, or to any joint venture, parmership or other entity in which Churchill Downs is a partner with one or more other entities; and further provided that notwithstanding any such assignment or transfer, Churchill Downs shall comply with its obligations as set forth in paragraph 1 .f. hereof. f. Construction Schedule. Churchill Downs and the City shall mutually agree on a reasonable construction schedule for the Facilities. Construction of the public improvements referenced herein shall commence upon commencement of construction of the Facilities and shall be completed prior to, or contemporaneous with, completion of the Facilities. g. Additional Conditions. In addition to the terms and conditions set forth herein, the City's obligations hereunder are further subject to those specific conditions set forth in the resolution adopted by the Council of the City of Virginia Beach, Virginia on July 6, 1993, a copy of which is attached hereto as Exhibit B and is hereby incorporated by reference. h. Approval of Applications. Churchill Downs understands and agrees that the representations set forth herein shall not be deemed to require the City to act favorably with respect to any application for a rezoning or conditional use permit, or any permit or license required for the design, construction and operation of the Facilities, and that any such application will be considered based upon the merits of such application. i. Entire A~reement. -- This Agreement constitutes the entire understanding between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, negotiations and discussions not specifically incorporated herein. No change, amendment or modification of this Agreement shall be binding unless in writing and executed by both parties. IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and year first written above. CITY OF VIRGINIA BEACH By City Manager CHURCHILL DOWNS INCORPORATED STATE OF VIRGINIA: CITY OF VIRGINIA BEACH:, to-wit: By. President I, , a Notary Public in and for the City and State aforesaid, do hereby certify that JAMES K. SPORE, City Manager for the City of Virginia Beach, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 1993. Notary Public My Commission Expires: 12 STATE OF VIRGINIA: CITY OF VIRGINIA BEACH:, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , for Churchill Downs Incorporated, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of ,1993. Notary Public Noncode/CDOWNS2. Agm 07/07/93 My Commission Expires: 13 -17- Item V'-L2. ORDINANCES/~SOL UTIONS ITEM # 36991 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution approving the issuance of Refunding Revenue Bonds for Bridle Creek Apartments in behalf of the Fairfax County Redevelopment and Housing Authority (FCRHA) not to exceed $4,000,000. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 6, 1993 RESOLUTION TO APPROVE THE ISSUANCE OF BONDS FOR THE BRIDLE CREEK APARTMENTS WHEREAS, for the purpose of obtaining financing, Bridle Creek, a Virginia limited partnership, has requested the Fairfax County Redevelopment and Housing Authority (the "Authority") of Fairfax County, Virginia issue tax-exempt revenue bonds in an amount not to exceed $4,000,000 (the "Bonds") for the purpose of refunding the 1980 Series Mortgage 5 Revenue Bonds of Bridle Creek Apartments, a 132 unit housing development located at 1508 Halter Drive, Virginia Beach, Virginia; and WHEREAS, the Authority held a public hearing at the project on July 1, 1993, for which public notice was duly given on June 15, 1993, the date being more than 14 days prior to the date of the public hearing and the City Council has received from the Authority a 10 11 summary of statements made at the hearing; and WHEREAS, the Authority will hold a public hearing on July 8, 1993, at its 12 13 14 offices, located at One University Plaza, Fairfax, Virginia, for which public notice was duly given on June 22, 1993, the date being more than 14 days prior to the date of the public hearing; NOW, THEREFORE, BE IT RESOLVED by the City Council of Virginia Beach, 15 16 Virginia: 1, For the purpose and only for the purposes of compliance with Section 17 147(f)(2)(B) of the Internal Revenue Code, the City Council does approve 18 the issuance of tax-exempt revenue bonds in an amount not to exceed 19 $¢,000,000 for the Project. 20 2. The City Council in no manner assumes either legal or moral obligation 21 for the bonds issued. 22 3. The City Council expresses no opinion as to the merits of the Project or 23 of its financing. 24 25 26 day of 4. This resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, %rginia on the July ,1993. Housing & Neighborhood Preservation 6th City~torney - 18 - Item V-L3. ORDINANCES/RES OL UTIONS ITEM # 36992 The following spoke relative the Ordinance, expressing concerns: Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, represented the Virginia Beach Council of Civic Organizations Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Moss, seconded by Councilman Dean, City Council ADOPTED: Ordinance re directing the City Attorney to have additional statistical, demographic and voting pattern analysis performed on proposed alternative electoral plans as selected by Council; AND, TRANSFER $18,000 from Reserve for Contingencies to the City Attorney for the costs associated with additional research and further analysis. The Three issues identified in The City Attorney's correspondence: Existing 7-4 Plan, CCO Plan (Mayor's Committee on Reapportionment proposaO, Modified 7-4 Plan, which wouM consolidate Blaclovater and Pungo Boroughs into one Borough and splits Kempsville into two Boroughs. Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier. Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Linwood O. Branch, III and Paul J. Lanteigne Council Members Absent: None ORDINANCE DIRECTING FURTHERANALYSIS OF SELECTED ALTERNATIVE ELECTORAL PLANS AND TRANSFERRING $18,000 FOR SUCH PURPOSES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the city Council is conducting a review of the existing electoral plan for the election of councilmembers; WHEREAS, the Council has solicited public comment and has received proposed alternative electoral plans; and WHEREAS, in considering the merits of certain of the proposed alternative plans the Council desires additional statistical, demographic and voting pattern analysis of those proposals. NOW, THEREFORE, BE IT ORDAINED that the City Attorney is directed to have additional statistical, demographic and voting pattern analysis performed on proposed alternative electoral plans as selected by the Council, and there is hereby transferred from the reserve for contingencies the sum of $18,000 to the City Attorney's budget for the costs associated therewith. Adopted by the Council of the city of Virginia Beach, Virginia, on the 6th day of CA-5169 ORDIN\NONCODE\Electoral. Res R-2 PREPARED: 6 / 1 / 93 July , 1993. - 19 - Item V-I. 4. ORDINANCES/RESOL UTIONS ITEM It 36993 Upon motion by Councilman Moss, seconded by Councilman Dean, City Council ADOPTED: Ordinance to establish the City of Virginia Beach Towing Advisory Board. *There shall be not more than Eleven (11) Members and not less than Seven (7) Members Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndo~ Nancy ~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 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 35 AN ORDINANCE TO ESTABLISH THE CITY OF VIRGINIA BEACH TOWING ADVISORY BOARD WHEREAS, from time to time, the City of Virginia Beach determines the need to amend Chapter 21, Division 3 of the City Code entitled "Use of Tow Truck Service to Enforce Parking Restrictions on Private Property"; WHEREAS, pursuant to legislation which was adopted by the 1993 Session of the General Assembly and which becomes effective July 1, 1993, a local governing body is required to appoint an advisory board, prior to adopting any ordinance which regulates the removal of unauthorized vehicles from private property and/or sets removal fees, for the purpose of advising the local governing body regarding the appropriate provisions of the ordinance; and WHEREAS, such advisory board must include representatives of local law-enforcement agencies, towing and recovery operators, and the general public. NOW, THEREFORE, BE IT ORDAINED: 1. That City Council hereby establishes the City of Virginia Beach Towing Advisory Board; 2.That the Board shall be comprised of not more than eleven (11), and not less than seven (7) members. 3. That the membership of the Board shall consist of representatives of the City's local law-enforcement agencies, local towing and recovery operators, and the general public; 4. That each such member shall be appointed to serve a term of three (3) years; provided, however, that the initial terms of one or more members may be made for lesser terms in order to provide for staggered expirations thereof; and 5. That the purpose of the Board shall be to review the provisions of any proposed amendment to the City Code pertaining to the removal (i.e., towing) of unauthorized vehicles from private property and the fees for such 36 removal, and to make recommendations to City Council 37 38 39 40 41 42 43 regarding the provisions of any such amendment. Adopted by the Council of the City of Virginia Beach, 6 July Virginia, on the day of , 1993. CA-5211 Ordin\Noncode \Advisory. Ord R-3 Prepared: July 7, 1993 - 20 - Item V-L 5. ITEM # 36994 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council AGREED TO ADD TO THE AGENDA: Resolution authorizing the City Manager to execute a Water Cost Participation Agreement ($3,865.00) with U.S. Postal Service re new Post office Building in Robbins Corner (BAYSIDE BOROUGH). Voting: 11-0 Council Members l/oting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lantetgne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 6, 1993 - 21 - Item V-J. CONSENT AGENDA ITEM # 36995 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE MOTION items la and lb, 2, 3, 4, 5 and 6 of the CONSENT AGEND/L Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean*, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Councilman Dean ABSTAINED on Item V-J. 2 of the CONSENT AGENDA. July 6, 1993 Item V-J.l.a.b. CONSENT AGENDA ITEM # 36996 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ~OPTED: Resolution authorizing the City Manager to execute a Sewer Cost Participation Agreement(S4,435.00) with U. S. Postal Service re new Post Office Building in Robbins Corner (BAYSIDE BOROUGH). AND, Resolution authorizing the City Manager to execute a Water Cost Participation Agreement ($3,865 00) with U.S. Postal Service re new Post office Building in Robbins Corner (BAYSIDE BOROUGH). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazter, Jr., Robert W. Clyburn, Robert K. Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A SEWER COST PARTICIPATION AGREEMENT 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 35 WHEREAS, U.S. Postal Service, hereinafter referred to as "Owner", is desirous of improving certain property for a new Post Office building in Robbins Corner in the Bayside Borough in accordance with the terms and conditions of the City ordinances; WHEREAS, in order for the Owner to provide sewer service to the project area, it is necessary for Owner to construct certain sewer facilities; WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to customers other than those within the project limits and to prevent the City from incurring additional costs at a later date; WHEREAS, the City desires to enter into a cost participation agreement with the City's share of costs at $4,435.00; WHEREAS, funding for the City's cost is available from Project 6-996, Robbins Corner Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute a sewer cost participation agreement with U.S. Postal Service for the construction of sewer facilities. Said proposed agreements are hereby attached and approved. This ordinance shall be effective on the date of its adoption. Virginia on the Adopted by the Council of the City of Virginia Beach, 6th 3uly day of , 1993. A~ROV~ TO CONTENT: CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) THIS AGREEMENT, Made this ~oJ~'-day of ~q~(( U. S. POSTAL SERVICE, GREENSBORO, NORTH CAROLINA 1993, by and between hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City". WHEREAS, Owner is seized in fee simple of BAYSIDE POST OFFICE, VIRGINIA BEACH, VA; and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide sewer service to this Project, it is necessary for Owner to construct certain sewer facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system {hereinafter the "System"} according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of $ Four Thousand Four Hundred Thirty Five Dollars, ($4,435) after successful completion of the System and acceptance thereof by the City in accordance with approved plans. The Owner will submit periodic requisitions for the quantity of the work completed with partial payment to be made by the City. Ten percent {10%) of the total payment will be withheld until the System is accepted. Prior to any payment by the City, all the necessary easements and/or right of ways must be dedicated to the City. 2. The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System providing that any such liability does not arise out of the City's negligence. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA ~~ty Manager/Authorized Designee of the City Manager DATE ATTEST: City Clerk ATTEST: Secretary (SEAL) (SEAL) U.S. P(~ERVICE, GREENSBORO, NC BY ~.~ Russell, A.I.A., Contracting Officer DATE ~~t~ ~AS TO CONTENTS: o Public Utilities Cft~iorney' s Of'fi c ~e/ CERTIFIED AS TO AVAILABILITY OF FUNDS: Oe~partment or'Finale STATE OF CITY OF I, and State aforesaid, do hereby certify that and , President of is signed to the writing above, bearing date of the same before me in my City and State aforesaid. Given under my hand this day of My Commission Expires , a Notary Public in and for the City whose name has acknowl edged , 1993. STATE OF Notary Publ i c CITY OF I, and State aforesaid, do hereby certify that and , Secretary of is signed to the writing above, bearing date of the same before me in my City and State aforesaid. Given under my hand this day of My Commission Expires , a Notary Public in and for the City whose name has acknowl edged ,1993. Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by , City Manager/Authorized Designee of the City ~4anager, of the City of Virginia Beach, this day of , 1993. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, this day of , 1993. Notary Public My Commission Expires: 4/93 STATE OF NORTH CAROLINA COUNTY OF GUILFORD Personally appeared before me, Tom Russell, who being by me first duly sworn, states that he is Contracting Officer, Facilities Service Office, United States Postal Service, Greensboro, North Carolina, and that he executed the foregoing and annexed instrument and that said writing was signed by him in behalf of the United States Postal Service by its authority duly given. The said Tom Russell acknowledged said writing to be the act and deed of the U.S. Postal Service. WITNESS my hand and Notarial Seal, in the County and State aforesaid, this ~(3~ay of .,~, {! ,19 Tami A. Davis, Notary Public State of North Carolina My Commission Expires April 17, 1995 N ~II.E: WALK PROJECT AREA '7,'. _*-~.. ~ ~ / · N. OFF-SITE SEWER BENEFIT AREA Bayvtlle EXHIBIT SHOWING BAYSIDE POST OFFICE PROJECT SITE AND OFF-SITE BENEFIT AREA E3-304 NBJ 5/11/93 SCALE: 1" = 1600' ~ ~' A RESOLUTION TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A WATER COST PARTICIPATION AGREEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, U.S. Postal Service, hereinafter referred to as "Owner", is desirous of improving certain property for a new Post Office building in Robbins Corner in the Bayside Borough in accordance with the terms and conditions of the City ordinances; WHEREAS, in order for the Owner to provide water service to the project area, it is necessary for Owner to construct certain water facilities; WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to customers other than those within the project limits and to prevent the City from incurring additional costs at a later date; WHEREAS, the City desires to enter into a cost participation agreement with the City's share of costs at $3,865.00; WHEREAS, funding for the City's cost is available from Project 5-051, Robbins Corner Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute a water cost participation agreement with U.S. Postal Service for the construction of water facilities. Said proposed agreements are hereby attached and approved. This ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Sixth day of July , 1993. Virginia on the 30 31 32 33 34 35 APPROVED A~ TO CONTENT: Clarence Warnstaff~ ~irector Department of Public Utilities Date N GRANT WALK OFF-SITE WATER BENEFIT AREA Baywlle RO PROJECT AREA EXHIBIT SHOWING BAYSIDE POST OFFICE PROJECT SITE AND OFF-SITE BENEFIT AREA E3-304 NBJ 5/11/93 SCALE' 1"= 1600' ~-' ,~' / race JH, CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT {WATER) THIS AGREEMENT, Made this ~0-qu~ day of ~9FFI , lgg3, by and between U.S. POSTAL SERVICE, GREENSBORO, NORTH CAROLINA hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City. WHEREAS, Owner is seized in fee simple of BAYSIDE POST OFFICE, VIRGINIA BEACH, VA ; and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide water service to this Project, it is necessary for Owner to construct certain water facilities; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that; 1. Owner shall construct a water system {hereinafter the "System"} according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of Three Thousand Eight Hundred Sixty Five Dollars, {$3,865) after successful completion of the System and acceptance thereof by the City in accordance with the approved plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other water facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to water connections, service lines, valves, fittings and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the system providing that any such liability does not arise out of the City's negligence. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claim. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA B~ty Manager/Authorized Designee of the City Manager DATE ATTEST.' City Clerk ATTEST: Secretary (SEAL) U.S. POS~T~AL ~RVICE, GREENSBORO, NC B 1~ Russe//?l, A.I.A., Contracting Officer DATE ! q ~- ~C~ ?~ (SEAL) TO CONTENTS: ~rl~elt ~f Public Utilities Cqi)/(~t o'r r~e~' s- )Yffi ce' CERTIFIED AS TO AVAILABILITY OF FUNDS: Department of STATE OF CITY OF I, and State aforesaid, do hereby certify that and , President of is signed to the writing above, bearing date of the same before me in my City and State aforesaid. Given under my hand this day of My Commission Expires , a Notary Public in and for the City whose name has acknowl edged , 1 gg3. STATE OF Notary Public CITY OF I, and State aforesaid, do hereby certify that and , Secretary of is signed to the writing above, bearing date of the same before me in my City and State aforesaid. Given under my hand this day of My Commission Expires , a Notary Public in and for the City whose name has acknow1 edged ,1993. Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by , City Manager/Authorized Designee of the City Manager, of the City of Virginia Beach, this day of , lgg3. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, this day of , lgg3. Notary Public My Commission Expires: 4/93 STATE OF NORTH CAROLINA COUNTY OF GUILFORD Personally appeared before me, Tom Russell, who being by me first duly sworn, states that he is Contracting Officer, Facilities Service Office, United States Postal Service, Greensboro, North Carolina, and that he executed the foregoing and annexed instrument and that said writing was signed by him in behalf of the United States Postal Service by its authority duly given. The said Tom Russell acknowledged said writing to be the act and deed of the U.S. Postal Service. WITNESS my hand and Notarial Seal, in the County and State aforesaid, this ~Od~day of ~..r,'[ ,19 ~3. Tami A. Davis, Notary Public State of North Carolina My Commission Expires April 17, 1995 - 23 - Item V-J.2. CONSENT AGENDA ITEM # 36997 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council AUTHORIZED: Cost Participation Agreement between the City of Virginia Beach and Virginia Department of Transportation (VDOT) re Rudee Inlet Bridge construction. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Robert 14. Dean Council Members Absent: None Councilman Dean ABSTAINED as he was not serving on City Council when this item first came before City Council, and had not received all the information provided to others Members of Council relative the need for this project. July 6, 1993 AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of .723 miles of Pacific Avenue within VIRGINIA BEACH from 0.109 miles north of the intersection of Norfolk Avenue, Station 185+00.00 to 0.007 miles north of the intersection of Harbor Point Drive, Station 22+00.00 and designated as Project U000-134- 119, PE-101, RW-201, C-501, B-611. 2. VIRGINIA BEACH approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. VIRGINIA BEACH agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, any additional median crossovers and enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. 4. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 5. VIRGINIA BEACH agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall be subject to the approval of the DEPARTMENT. 6. VIRGINIA BEACH agrees that the location and installation of utility poles, lighting -2- standards, traffic signal poles or any other facilities installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. 7. VIRGINIA BEACH agrees to comply with Title VI of the Civil Rights of Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. 8. VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 9. VIRGINIA BEACH agrees that prison labor will not be used for any purpose whatsoever on this project. 10. VIRGINIA BEACH agrees to participate in the actual cost of this project which includes a special provision for price adjustment in -3- accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST VIRGINIA BEACH'S SHARE ITEMS Preliminary Engineering Right-of-Way Acquisition Bridge Superstructure, Substructure & Incidentals Virginia Power Conduit C & P Conduit Grading, Drainage, Pavement, Incidentals, & Traffic & Safety Items Luminaire Arms & Blue Pavement Markers Water Line Adjustment Items Sanitary Sewer Adjustment Items Construction & Permanent Signs ESTIMATED COST 945,000.00 5,907,000.00 2,818,322.05 23,600.00 59,000.00 2,924,325.65 1,569.40 347,487.58 45,281.32 30,592.68 $13,102,178.68 100 4.6 76.80 AMOUNT $ 47,250.00 118,140.00 56,366.44 0.00 0.00 58,486.51 1,569.40 15,984.43 34,776.05 611.85 $333,184.68 -4- IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CITY OF VIRGINIA on the 1993, and the DEPARTMENT on the 1993. day of. , day of , ATTEST: CITY OF VIRGINIA BEACH BY CITY CLERK BY CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION CERTtt:IE,~O AS TO AVAILABILITY OF ,FUI'4DS Dale BY COMMISSIONER -5- - 24 - Item V-J. 3. CONSENT AGENDA ITEM # 36998 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance re l~trginia Resource Authority (VRA): Apply for an extension of time in which to spend VRA Funds. TRANSFER appropriations within the 1987, 1988 and 1990 Water and Sewer Revenue Bond Capital Projects Fund and the Water and Sewer Operating Revenue Capital Projects Fund. Satisfy VRA spending requirements for drawing down all VRA funding. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 6, 1993 AN ORDINANCE TO APPLY TO VRA FOR AN EXTENSION OF TIME IN WHICH TO SPEND VRA FUNDS, AND TO TRANSFER APPROPRIATIONS WITHIN THE 1987, 1988 & 1990 WATER & SEWER REVENUE BONDS CAPITAL PROJECTS FUNDS AND THE WATER & SEWER OPERATING REVENUE CAPITAL PROJECTS FUND TO SATISFY VRA SPENDING REQUIREMENTS FOR DRAWING DOWN ALL VRA FUNDING. WHEREAS it is City policy to expend the $13,000,000 proceeds of the VRA loan plus the $1,250,000 estimated interest earned on the proceeds on VRA projects by December 31, 1992, and to be reimbursed by VRA for these expenditures, WHEREAS the City was unable to expend all of these funds and has applied to VRA for an extension to September 30, 1993 to expend the VRA loan proceeds and interest earned on the proceeds, WHEREAS City Council has determined the need for certain projects funding changes in the Capital Improvement Program in order to meet the VRA spending requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City apply to VRA for an extension of time to September 30, 1993 in which to spend all of the VRA funding, Be it further ordained that $1,250,000 in estimated interest earnings from the VRA proceeds be the source of funding for the appropriations set forth on the attached exhibit. Such amendment to the source of funding for such appropriations in no way reduces the City's authorized and unissued debt. That appropriations be adjusted in the following funds: 1987 Water and Sewer Revenue Bonds Capital Projects Fund Capital Project Transfers To: Appropriation 6-935 Broad Bay Colony Sewer $ 695,570 Transfer From: 6-944 Princess Anne Hills Sewer $ 64,898 6-945 Larkspur Sewers 107,031 5-041 Bells Road/Birdneck Road Water 505,000 6-016 Pump Station Mod Ph I 8,191 6-928 Cavalier/Linkhorn Park Sewer 10,450 695,570 Total Transfers From 1988 Water and Sewer Revenue Bonds Capital Projects Fund Capital Project ,.Appropriation Transfers To: 5-713 Landstown Suction $ 155,526 5-836 Landstown Yard Improve 160,591 5-968 Control Center Modernization 695,238 6-944 Princess Anne Hills Sewer 64,898 5-966 Atlantic Ave Improve-Water 4,902 6-935 Broad Bay Colony Sewer 1,001,475 Total Transfers To 2,082,630 Transfers From: 5-938 Kempsville Suction - Ph I $ 24,459 6-828 Landstown Yard Improve 67,154 6-925 Atlantic Ave Improve 23,532 6-945 Larkspur Sewer 437,361 6-930 Lynnhaven Acres Sewer 149,277 6-934 Bay Colony Sewer 128,400 6-942 Great Neck Point Sewer ... 1,252,447 Total Transfers From 2,082,630 1990 Water and Sewer Revenue Bonds Capital Projects Fund Capital Project Appropriation Transfers To: 6-934 Bay Colony Sewer $ 367,045 Transfers From: 6-935 Broad Bay Colony Sewer $ 367,045 Water and Sewer Operating Revenue Capital Projects Fund Capital Project Appropriation Transfers To: 5-938 Kempsville Suction - Ph I $ 24,459 6-828 Landstown Yard Improve 67,154 6-925 Atlantic Ave Improve 23,532 6-945 Larkspur Sewer 544,392 6-930 Lynnhaven Acres Sewer 149,277 5-041 Bells Road/Birdneck Road Sewer 505,000 6-016 Pump Station Mod Ph I 8,191 6-928 Cavalier/Linkhorn Park Sewer 10,450 6-942 Great Neck Point Sewer 1,252,447 Total Transfers To $ 2,584,902 Transfers From: 5-966 Atlantic Ave Improve $ 4,902 6-935 Broad Bay Colony Sewer 1,330,000 5-713 Landstown Suction 155,526 5-836 Landstown Yard Improvements 160,591 5-968 Control Center Modifications 695,238 6-934 Bay Colony 238,645 Total Transfers From $ 2,584,902 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of July , 1993. SISJ'^TU"~ ;> City of Virginia Beach, Vtrgima Project L~stmg For %rgxma Resource Authority Program Exhibit B Project # Pro]ect Name Original E.,dub~t B Allocations Proposed Exhibit B Allocations Water Utthty Projects: 5025 5026 5029 5030 5031 5033 5039 5713 5836 5938 5939 5966 5968 5977 Alanton Bellamy Manor Lmkhorn Point R~ver Road Shorehaven Weavermlle Broad Bay Colony Landstown Suction Landstown Yard Improvements Kempsvflle Suction Ph I Kempsvtlle Suction Ph II Atlannc Avenue Improvements Control Center Modermzanon Kempsvfile PS Modifications 1,848,250 349,7OO 207,250 182,250 266,800 129,450 260,000 575,000 450,000 230,000 110,000 480,000 825,000 270,000 1,373,250 249,700 207,250 182,250 266,800 96,810 260,000 730,526 610,591 205,541 110,000 484,902 1,520,238 270,000 Sewer Utihty Projects: 6828 '6925 6935 6943 6945 6952 6980 6981 6982 6930 Landstown Yard Improvements Atlantic Avenue Improvements Broad Bay Colony Lmkhorn Point Larkspur Lakeside Dr/Poplar Point Rd R~ver Road Shorehaven Dwyer Road Lynnhaven Acres 450,OOO 426,000 1,369,300 830,000 1,465,000 197,000 815,000 1,150,000 230,000 878,000 13,994.000 382,846 402,468 3,066,345 327,816 912,969 197,000 628,942 860,955 174,078 728,723 14~250,000 VRA933A - 25 - Item V-J. 4. CONSENT AGENDA ITEM # 36999 Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $18,601.05 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John ./1. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 6, 1993 RM NO C A 7 6/4/93 EMC Page i of 2 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Lake George Corp 93 RE (1/2) Lake George Corp 93 RE(1/2) Lake George Corp 93 RE(l/2) Lake George Corp 93 RE (1/2) Lake George Corp 93 RE(1/2) Lake George Corp 93 RE(l/2) Lake George Corp 93 RE(l/2) Lake George Corp 93 RE(l/2) Lake George Corp 93 RE(l/2 Lake George Corp 93 RE(l/2 Lake George Corp 93 RE(l/2 Lake George Corp 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 Norvell 0 Butler 93 RE(l/2 Effie M & Marvin Lovitt 93 RE(l/2 McGuire, Woods, Battle, etc 93 RE(l/2 Outlet Mall Properties 93 RE(l/2 James F & Helena Clough 93 RE(l/2 Raymond M & Eloise Haskins 93 RE(l/2 Burlage Corp 93 RE( 1/2 Charles P & Martha Cross 93 RE(l/2 Lynnhaven Station Company 93 RE(l/2 West Neck Enterprises 93 RE(l/2 Lawrence E Tant 93 RE(l/2 Lawrence E Tant 92 RE(l/2 Lawrence E Tant 92 RE(2/2 Lawrence E Tant 91 RE(l/2 Lawrence E Tant 91 RE(2/2 Lawrence E Tant 90 RE(l/2 Lawrence E Tant 90 RE(2/2 65253- 5 11/18/92 330.50 65254-4 11/18/92 398.06 65255-3 11/18/92 402.95 65256- 2 11/18/92 286.85 65257-1 11/18/92 290.77 65258-0 11/18/92 645.30 65259-9 11/20/92 386.78 65260-6 11/20/92 298.29 ) 65261-5 11/20/92 296.60 ) 65262-4 11/20/92 292.32 ) 65264-2 11/20/92 240.46 ) 65263-3 11/20/93 414.52 ) 90317-7 11/18/92 84.64 ) 90317-7 11/18/92 10.90 ) 90316-8 11/18/92 354.65 ) 90316-8 11/18/92 43.60 ) 90318-6 11/18/92 191.71 ) 90318-6 11/18/92 24.53 ) 90319-5 11/18/92 193.47 ) 90319-5 11/18/93 1,561.20 ) 16420-6 12/4/92 32.70 ) 69964-7 12/5/92 65.84 ) 38784-0 10/22/92 56.68 ) 87258-4 12/5/92 1,479.30 ) 21887-2 3/2/93 67.78 ) 49625-0 3/5/93 212.74 ) 15798-2 12/4/92 32.34 ) 25632-1 12/5/92 23.22 ) 70685-3 12/5/92 4,283.78 ) 123971-3 12/5/92 4,975.12 ) 114151-4 11/24/92 21.80 ) 113166-0 11/26/91 21.80 ) 113166-0 6/5/92 21.80 ) 112640-9 11/26/90 20.64 ) 112640-9 6/5/91 20.64 ) 111385-1 12/1/89 19.54 ) 111385-1 5/31/90 19.54 (continued next page) This ordinance shali be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the C~ty of Virginia Beach on the~_ day of Ruth Hodges Smith City Clerk Certl~as to payme~; A J ohn{~l'. A"'~, n s'o n ,'-I"~e'a s ~-e r Approved as to form' Le~l,e (_ L, Iley, C,~y ~r-nd )RM NO C A 7 6/4/93 Page 2 of 2 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Bobby H Scott etux 91 RE Bobby H Scott etux 91 RE Bobby H Scott etux 90 RE Bobby H Scott etux 90 RE Princess Anne Hills Civic Lg 92 RE Consolvo, Markowitz & Webb 92 RE Source One Mortgage Services 93 RE Source One Mortgage Services 92 RE Source One Mortgage Services 92 RE Source One Mortgage Services 91 RE Source One Mortgage Services 91 RE Source One Mortgage Services 90 RE Source One Mortgage Services 90 RE Burlage Corp 93 RE (1/2) 101764-2 11/26/90 (2/2) 101764-2 6/4/91 (1/2) 101004-3 12/5/89 (2/2) 101004-3 6/5/90 (2/2) 112221-5 7/20/92 (1/2) 131839-9 8/6/92 (1/2) 96091-6 11/24/92 (1/2) 95333-7 11/25/91 (2/2) 95333-7 6/5/92 (1/2) 94780-9 11/29/90 (2/2) 94780-9 5/30/91 (1/2) 93973-9 11/29/89 (2/2) 93973-9 6/5/90 (1/2) 15799-1 12/4/92 37.20 37.20 35.21 35.21 103.55 106.48 7.62 7.62 7.62 7.22 7.22 6.83 6.83 71.88 Total 18,601.05 This ordinance shall be effective from date of adoption. T h e $-a?~,vbeo ~ .b ~)tse m e n t (s) totaling were approved by the Council of the City of Vi.rginia bth Beach on the___day of duJ_y, 1993 C.,Ity C_, let K Ce to p~,,~~ Leshe L L, Iley, C,tyz~ttome~ - 26 - ~,tem V-J.$. CONSENT AGENDA ITEM # 37000 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing a Special Tax Refund in the amount of $575.21 upon application of certain persons and upon certification of the Commisioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy I(, Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO C A. 8 REV 3/86 SPECIAL TAX AN ORDINANCE AUTHORIZING JL::~r~~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 _special tax That the following applications fo¢'~ refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. NAME Year Paid Total Mr. Henry L. Bailey N/A 1990 $ 97.02 T/A H & L Lunchbox on Wheels 6589 Stoney Point South 199~ $364.59 Norfolk, VA 23502 1992 $ ! 13.60 TOTAL $575.21 $97.02 $364.59 $113.60 $575.2 ! Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totahng $575.21 of the C~ty of V~rg~n~a Beach on the 6th day of Cerbfled as to Payment ~-----~gbert P Vaugh~// Commissioner of the Revenue Approved as to form Le~e( Lilley"' City Attorney were approved by the Council July ,19 93 Ruth Hodges Smith C~ty Clerk - 27 - Item V-J.6 CONSENT AGENDA ITEM # 37001 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $4,138.42 upon application of certain persons and upon certification of the Commisioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 6, 1993 FORM NO C.A. 8 REV 3Z86 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 applicabons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty I nt Total ADR Inc. T/A Grand Slam USA c/o David W. Reimer 53 Estella Avenue Northcaldwell, NJ 07006 Adams, John H., Jr. T/A American Restorations 527 Spring Lake Crescent Virginia Beach, VA 23454 A P Dawson Inc. 2111 Advent Court Virginia Beach, VA 23454 1992 Audit 246.17 1990-91 Audit 29.20 1990-91 Audit 13.74 246.17 29.20 13.74 Th~s ordinance shall be effecbve from date of adoptIon The above abatement(s) totaling $ 289.11 6th of the C~ty of V~rgm~a Beach on the day of Cerbhed as to Payment ~OobZm~, sPs, oVna:?oh?~e Revenue Approved as to form C~s'~she~ L L,Iley C,ty Attorney v were approved by the Councd July ,19~ 93 Ruth Hodges Smith C~ty Clerk FORM NO C A. 8 REV ~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 applications for license refunds, upon certiflcabon of the Comm~smoner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total Armour Construction Inc. 1904 Sunrise Drive Virginia Beach, VA 23455 1991-92 Audit 58.90 Atlantic Realty Inc. 1991-92 T/A Century 21 Atlantic Realty Inc. P.O. Box 197 Virginia Beach, VA 23458 Baby Duck Inc. T/A Fantastic Sams 126 S. Main Street Belair, MD 21014 Audit 325.93 1991 Audit 50.47 58.90 325.93 50.47 Th,s ordinance shall be effective from date of adoption The above abatement(s) totahng $ 435.3o 6th of the C~ty of V~rg,n~a Beach on the day of Cerbhed as to Payment Commms~oner of the Revenue Approved as to form iLe'~e/L L,lley C~ty Attorney were approved by the Councd July 93 Ruth Hodges Smith CIty Clerk FO~IM NO ¢.A. B REV 3~ 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 hcense refunds, upon certIfication of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. NAME Year Paid Baptista, Lynne M. 4621 Thoroughgood Drive Virginia Beach, VA 23455 1990-92 Audit 24.75 Baynor, James B. 1992 T/A Robbins Corner Auto Repair P.O. Box 13852 Chesapeake, VA 23325 Dannys Glass Inc. 112 Industry Drive Tabb, VA 23602 1991 Audit 92.78 Audit 213.60 Total 24.75 92.78 213.60 Th~s ordinance shall be eflecbve from date of adopbon The above abatement(s) totahng $ 331.13 of the C~ty of V~rgm~a Beach on the 6th day of Cerbhed as to Payment ~bjm~, sPs, oVnaeUrgc~a~ e ~e v e ~ u e Approved as to form C~ty Attorney were approved by the Council July , 19 93 Ruth Hodges Smith C~ty Clerk FORM NO CA. BRE~ 3/86 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 certmflcatlon of the Commissioner of the Revenue are hereby approved: L~cense Date NAM E Year Paid Base Penalty Int. Total Drucker, Linda W. T/A J Lynden 7602 Oceanfront Avenue Virginia Beach, VA 23451 Fletcher, Richard C. T/A Harbor Gallery 301 Burleigh Avenue Norfolk, VA 23505 Indep Auto Warehouse Inc. T/A Adamson Oil Co. 5887 Adderley Street Norfolk, VA 23502 1991-92 Audit 71.85 1991 Audit 142.18 1991 Audit 1,063.37 71.85 142.18 1,063.37 Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totahng $ 1,277.4O 6th of the C~ty of V~rg~n~a Beach on the day of Cert~hed as to Payment /~'/~~'bert P Vaughan Commmmoner of the Revenue Approved as to form E-es ~e L blley C~ty Attorney were approved by the Councd July 93 Ruth Hodges Smrth C~ty Clerk FOflM NO CA. BIREV ~6 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 Paid Total Mills, Charles T. 1992 T/A Diversified Industrial Product 2213 Swaying Limb Lane Virginia Beach, VA 23456 Parrish, William A. 263 Mayo Road Virginia Beach, VA 23462 Audit 60.00 Royal Concepts Inc. c/o Copy Data Inc. 5361 Cleveland Street Virginia Beach, VA 23462 1992 Audit 16.51 1991-92 Audit 1,629.62 60.00 16.51 1,629.62 Th~s ordinance shall be effecbve from date of adoption The above abatement(s) totahng S 1,706.13 of the C~ty of Vlrg~ma Beach on the 6th day of Cemhed as to Payment ,~A;r~ert P Vaughan Comm~smoner of the Re'venue Approved as to form L-e~smme/L L,l~ey'~'Z.-----.-.~ C~ty Attorney were approved by the Council July , 19 93 Ruth Hodges Smith C~ty Clerk FORM NO C.A. 8 REV 3/86 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 applicabons for license refunds, upon cert~hcat~on of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int NAME Year Paid Turner, Charles W. T/A Turner Lawn Care 1277 New Land Drive Virginia Beach, VA 23456 1992 Audit 13.27 Warner & Barnes Associates PC c/o Harold O. Warner 1991 611 Lynnhaven Parkway #200 Virginia Beach, VA 23452 Audit 86.08 Total 13.27 86.08 Th~s ordinance shall be effecbve from date of adopbon The above abatement(s) totahng $ 99.35 of the C~ty of V~rg~n~a Beach on the 6th day of Cert~hed as to Payment F--~l~bert P Vaughan t~'- Commissioner of the Revenue Approved as to form C~ty Attorney were approved by the Council 3uly , 19 ~ 93 Ruth Hodges Smith C~ty Clerk - 28 - Item V-IC PUBLIC HEARING ITEM # 37O02 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING B Y CONSENT (a) GLENN R. AND GENEVA S. ALLEN VARIANCE (b) ANDREW L. WATKINS VARIANCE (C) LAND & COATES, INC. CONDITIONAL USE PERMIT (d) SHURGARD INCOME PROPERTIES ELE~N CONDITIONAL USE PERMIT (e) CHRISTIAN BROADCASTING NETWORK, INC. CHANGE OF ZONING (f) LAWRENCE ,4. SANCIIdO, RACHEL V. SANCILIO, STREET CLOSURE LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD AND SIGNET BANK/VIRGINIA, TRUSTEES UNDER THE WILL OF ISRAEL STEINGOLD (g) LAWRENCE ,4. SANCILIO, LENA SANCILIO, GEORGE M. SULLIVAN ESTATE, MAURICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD CHANGE OF ZONING (h) LAWRENCE ,4. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD CONDITIONAL USE PERMIT July 6, 1993 - 29 - Item V-K PUBLIC HEARING ITEM # 37003 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Counctl APPROVED in ONE MOTION Items la, b, d, e and DEFERRED INDEFINITELY Items lc, f,, g and h of the PLANNING BY CONSENT AGEND,,L Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K Parker and Vice Mayor 14qlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III July 6, 1993 - 30 - Item V-K.l.a. PUBLIC HEARING ITEM # 37004 PLANNING BY CONSENT Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council APPROVED the application of GLENN R. AND GENEVA S. ALLEN for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots have access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Glenn R. & Geneva S. Allen. Property is located at 3300 Harlie Court. KEMPSVILLE BOROUGH. The following condition shall be required: 1. A fifteen (15)-foot ingress/egress easement will be required on Parcel C-1 for access to Parcel C-2. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 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 Sixth of July. Nineteen Hundred and Ninety- Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III July 6, 1993 STATEMENT OF CONSENT APPLICANT: GLENN R. AND GENEVA S. ALLEN APPLICATION: Variance - Harlie Court (KEMPSVILLE BOROUGH) DESCRIPTION: Section 4.4(d), Subdivision Ordinance (direct access to a public street) CITY COUNCIL SESSION: July 6, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: , A fifteen (15)-foot ingress/egress easement will be required on Parcel C-1 for access to Parcel C-2. By: Attorney/Agent Owner Date: '~'/~' / ~'.~ - 31 - Item V-K.I.b. PUBLIC HEARING ITEM # 37005 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROI~D the application of ANDREW L. WATKINS for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by Subdivision 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 Andrew L. Watla'ns. Property is located at 3864 Stumpy Lake Lane. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baurn, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III July 6, 1993 Item V-K.I.c. PUBLIC HEARING ITEM # 37005 PLANNING BY CONSENT Upon motion by Vice Mayor Sessotns, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY the Ordinance upon application of LAND & COATES, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LAND & COATES, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS (RYDER TRUCK) Ordinance upon application of Land & Coates, Inc. for a Conditional Use Permit for motor vehicle rentals (Ryder Truck) at the southwest corner of Bonney Road and Chestnut Avenue. Said parcel is located at 3775 Bonney Road and contains 30,718 square feet more or less. L YNNHA VEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III July 6, 1993 - 33 - Item V-K~I.g PUBLIC HEARING ITEM # 37006 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of SHURGARD INCOME PROPERTIES ELEVEN, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SHURGARD INCOME PROPERTIES ELEVEN, A REAL ESTATE LIMITED PARTNERSHIP OR A CONDITIONAL USE PERMIT R07931833 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Shurgard Income Properties Eleven, a Real Estate Limited Partnership for a Conditional Use Permit for truck rentals on the south side of l/&ginia Beach Boulevard, east of Fair Meadows Road. Said parcel is located at 5529 Virginia Beach Boulevard and contains 2.33 acres. BAYSIDE BOROUGH. The following conditions shall be required: Not more than four rental trucks shall be parked on site on a regular basis. 2. ParMng shall be at the rear of the property. 3. Approval is for a period of two years. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance w~th Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth of July, Nineteen Hundred and Nine~_ -Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessorns, Jr Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III STATEMENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: SHURGARD INCOME PROPERTIES ELEVEN Condibonal Use Permit Virginia Beach Boulevard/Fair Meadows Road (BAYSIDE BOROUGH) Truck rentals July 6, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: o . . Not more than four (4) rental trucks shall be parked on site on a regular basis. Parking shall be at the rear of the property. Approval is for a period of two years. Attorney/Agent Date: "~/~'/~ Owner - 34 - Item V-tC I. e. PUBLIC HEARING ITEM it 37007 PLANNING B Y CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of CHRISTIAN BROADCASTING NETWORK, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF CHRISTIAN BROADCASTING NETWORK, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D to 0-2 Z07931390 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Christian Broadcasting Network, Inc. for a Change of Zoning District Classification from R-5D Residential Duplex District to 0-2 Office District on the following parcels: Parcel 1: Located on the east side of Centerville Turnpike at the intersection with West Centerville Turnpike. Parcel 2: Located on the east side of Centerville Turnpike, 80 feet more or less north of the intersection with W. Centerville Turnpike. The proposed zoning classification change to 0-2 is for office land use The Comprehensive Plan recommends use of this parcel for public/institutional/government use in accordance with other plan policies. Said parcels contain 40,946 square feet. KEMPSVILLE BOROUGH. 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 Sixth of July, Nineteen Hundred and Ninety- Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III July 6, 1993 Item V-K.I.f PUBLIC HEARING ITEM # 37OO8 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel Steingold for the discontinuance, closure and abandonment of the following streets: Wagner Street, First Street and Avenue E. Application of Lawrence A. Sancilio, Rachel g. Sancilio, Lena Sancilio, Maurice Steingold, Lewis B. Steingold and Signet Bank/Virginia, Trustees under the Will of Israel Steingold for the discontinuance, closure and abandonment of the following streets: Wagner Street: Beginning at the southern boundary of Bonney Road and running in a southerly direction in a distance of 1096 feet more or less to the northern boundary of the Virginia Beach-Norfolk Expressway. First Street: Beginning at the western boundary of Avenue E and running in a westerly direction a distance of 349. 78 feet. Avenue F,: The western 25.01 feet, beginning at a point 200 feet south of First Street and running in a southerly direction a distance of 214.67 feet to the northern boundary of the Virginia Beach-Norfolk Expressway. L YNNHA VEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baurn, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III - 36 - Item V-KI.e. PUBLIC HEARING PLANNING BY CONSENT ITEM # 37009 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY the Ordinance upon application of LAWRENCE A. SANCILIO, LENA SANCILIO, GEORGE M. SULLIVAN ESTATE, MAURICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF LAWRENCE A. SANCILIO, LENA SANCILIO, GEORGE M. SULLIVAN ESTATE, MA URICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FR OM B- 2 TO O- 1 Ordinance upon application of Lawrence A. Sancilio, Lena Sanciho, George M. Sullivan Estate, Maurice Steingold and Lewis B. Steingold, Trustee for Estate of Israel Steingold for a Change of Zoning District Classification from B-2 Community Business District to 0-1 Office District on the west side of E Avenue, 280 feet more or less south of Bonney Road. The proposed zomng classification to 0-1 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for office uses in accordance wtth other plan polictes. Smd parcel contains 9.47 acres. LYNNHAVEN & KEMPSVILLE BOROUGHS. Voting: 10-0 Council Members Voting Aye: John A. Baurn, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy I,L Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III July 6, 1993 - 36 - Item V-K.I.g. PUBLIC HEARING PLANNING B Y CONSENT ITEM # 37009 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Moss, City Council DEFERRED INDEFINITELY the Or&nance upon application of LAWRENCE A. SANCILIO, LENA SANCILIO, GEORGE M. SULLIVAN ESTATE, MAURICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD for a Change of Zoning District Classificatton: ORDINANCE UPON APPLICATION OF LAWRENCE A. SANCILIO, LENA SANCILIO, GEORGE M. SULLIVAN ESTATE, MA U~CE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL 33EINGOLD FOR A CIIANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO 0-1 Ordinance upon application of Lawrence A. Sancdio, Lena Sanciho, George M. Sullivan Estate, Maurtce Steingold and Lewis B. Stemgold, Trustee for Estate of Israel StemgoM for a Change of Zoning District Classification from B-2 Community Business District to 0-1 Office District on the west side of E Avenue, 280 feet more or less south of Bonney Road. The proposed zonmg classification to 0-1 Office Distrtct is for office land use. The Comprehensive Plan recommends use of thts parcel for office uses in accordance with other plan pohcies. Satd parcel contains 9.47 acres. LYNNIIAVEN & KEMPSVILLE BOROUGIIS. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III - 37 - Item V-lC 1.h. PUBLIC HEARING PLANNING BY CONSENT ITEM # 3 7010 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY an Ordinance upon application of LAWRENCE A. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LAWRENCE A. SANCILIO, LENA SANCILIO, MA URICE STEINGOLD AND LEWIS B. STEINGOLD, TRUSTEE FOR ESTATE OF ISRAEL STEINGOLD FOR A CONDITIONAL USE PERMIT FOR A MA USOLEUM/CEMETERY Ordinance upon application of Lawrence A. Sancilio, Lena Sancilio, Maurice Steingold and Lewis B. Steingold, Trustee for Estate of Israel Steingold for a Conditional Use Permit for a mausoleum/cemetery on the west side of E Avenue, 280 feet more or less south of Bonney Road. Said parcel contains 9. 47 acres. L YNNHA VEN & KEMPSVILLE BOROUGHS. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III July 6, 1993 - 38 - Item V-L. 1. APPOINTMENT ITEM # 3 7011 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: FRANCIS LAND HOUSE BOARD OF GOVERNORS Mary L. Edmondson Unexpired term thru 12/31/93 Voting: 10-0 Council Members Voting .dye: John A. Baurn, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III - 39 - Item V-L. 2. APPOINTMENT ITEM # 3 7012 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: HUMAN RIGHTS COMMISSION Bruce Bradley (Unexpired term thru 1/31/94) Stephen C. Swain (Unexpired term thru 1/.11/95) Voting: I0-0 Council Members Voting Aye: John A. Baum, James gE. Brazier, Jr., Robert gE. Clyburn, Robert K. Dean, Louts R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent. Linwood O. Branch, III - 40 - Item V-M. 1. ITEM # 37013 UNFINISHED BUSINESS ADD-ON Councilman Baum referenced Ctty Council's Retreat and requested the ground rules be estabhshed. Councilman Baum wished the location of the PUBLIC HEARINGS be dtscussed at the Retreat. Councilman Baum constdered the City Council Chamber the best location, which would allow televising and review later should there be contention - 41 - Item V-N. 1. NEW BUSINESS ITEM # 37014 ADD -ON Lou Pace, 1908 Hunts Neck Court, advised the Capital Improvement Program and Budget process should occur at the same time and the same place. Councilman Moss wished a Briefing be SCHEDULED for the City Council Session of July 13, 1993, relative the School Capital Improvement Program. This would not be for the purpose of making a decision, but for common education. The City Council could decide early on the proper guidance for City Staff. Council Lady Parker referenced the Virginia Municipal League Education Committee Meeting last week. There were three areas being considered by the State School Board: Lower K thru Grade 3 class sizes Technology Teachers' salaries Councilman Moss referenced the $24-MILLION FY 1994-1995 Shortfall. The City moved into the 1993-1994 Budget with a shortfall of approxtmately $21 - 22-MILLION and increased this deficit. Councilman Moss is not sure the present process allows dealing with same on a rational basis. Councilman Moss hoped discussion would ensue in the Retreat concerning the proper process to utilize and establish timetables. Item V-N. 2. NEW BUSINESS ITEM # 37015 ADD -ON Councilman Dean referenced political signs on Public Property i.e. Mount Trashmore. Councilman Dean advised all signs he witnessed were on public right-of-way and utility poles. Councilman Dean has requested the Zoning Department furnish cost analysis relative time and labor to remove all signs from public property. Mayor Oberndorf advised letters were forwarded to all political candidates informing them of their responsibilities concerning signage. July 6, 1993 Item V-N. 1. NEW BUSINESS ITEM it 3 7016 ADD-ON Councilman Moss referenced the COMMUNITY ORGANIZATION INCENTIVE GRANTS meeting last week. One of the charges involved moving away from sustained funding to funding new startup projects and to "ween" organizations toward self-sufficiency. The COIG is proposing to establish two classes of grants: One, a two-year grant, after which these funds would come from private sources and, Second, those organizations receiving grants would have a declining balance over a 5-year period and would be phased off the COIG grants. If City Council determines some of these organizations should be on a sustained basis, they should advise the COIG Liaison Committee. July 6, 1993 Item V-N.$. NEW BUSINESS ITEM # 37017 ADD-ON Council Lady Parker referenced the Hampton Roads Business Contact monthly publication.. This publication has a wide circulation. Council Lady Parker advised the publication incorrectly reported the City Council voted unanimously NOT TO SUPPORT the Dixie Stampede. Mayor Oberndorf will correspond directly with the Chamber of Commerce, informing them of their error and requesting immediate public correction. Item V-0.1. ADJOURNMENT ITEM # 37018 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 4:58 P.M. Beverly O. llooks, CMC Chtef Deputy Ctty Clerk Ruth Ilodges Smith, CMC/A/IE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July 6, 1993 Item V-O. 1. ADJOURNMENT ITEM # 3 7018 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 4:58 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E Oberndorf Mayor City of Virginia Beach Virginia July 6, 1993