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HomeMy WebLinkAboutMAY 21, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -YOR -1@- E VIC@ -10@ ROB@@' JO@N .0s@, -,Y )OH, I SESS-, j@., .1 IUB-1 1, --S, J., @i@, CITY COUNCIL AGENDA UIIIIIAL l@ll@@ IIRI,Illl 11-1111 1- LUI, 'i', .@-I @ll lo@ES @-, I.Cl-@, @i,, May 21, 1990 ITEM 1. COUNCIL CONFERENCE SESSION - Conference Roorn - 11:00 AM A. SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION B. SPORTS AUTHORITY OF HAMPTON ROADS ITEM 11. CITY MANAGERIS PRESENTATIONS - Conference Room - 11:30 AM A. ECONOMIC IMPLICATIONS OF WETLANDS REGULATIONS IN SOUTHEASTERN VIRGINIA Arthur Collins, Executlve Director Southeastern Virginia Planning District Commission B. 1-64/INDIAN RIVER ROAD INTERCHANGE Kimley-Horn and Associates ITEM 111. CITY MANAGER'S BRIEFING A. LABOR DAY COMMUNI:TY COORDINATION COMMITTEE Dr. Harrison B. Wilson, Co-Chair Andrew S. Fine, Co-Chair ITEM IV. CITY COUNCIL CONCERNS - Conference Room - 12:30 PM I ITEM V. L U N C H - Conference Room - 12:50 PM ITEM Vi. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM VII. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend Bill Ralph Level Green Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - May 14, 1990 F. ORDINANCE 1. Ordinance to AMEND and REORDAIN Sections 21-376, 21-424, 21-428 and 21-429 of the Code of the City of Virginia Beach, Virginia, re towing of abandoned and unauthorized vehicles. G. 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. it an item Is rernoved from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolutions approving applications to the State Board of Education for low-interest loans from the Literary Fund to the School Board of the City of Virginia Beach re construction of: Strawbridge Elementary $2,500,000 Princess Anne Borough Landstown Elementary and Middle Schools $2,500,000 Princess Anne Borough Tallwood High School $2,500,000 Kempsville Borough 2. Resolution authorlzing the Virginia Beach Community Development Corporation to AMEND Its bylaws re number of voting members of the Corporation. 3. Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, re blrd sanctuary in North Thalia (Kempsville Borough). 4. Ordinance to AMEND and REORDAIN Section 21-272 of the Code of the City of Virginia Beach, Virginia, re driver's license requirernents. 5. Ordinance to AMEND and REOFZDAIN Section 31-66 of the Code of the City of Virginia Beach, Virginia, re refuse delivery vehicles. 6. Ordinance authorizing acquisition of property In fee simple for right-of-way for Forrell Parkway from El Camino Real Drive to Sandbridge Beach, elther by agreement or condemnation. 7. Ordinance authorizing the City Manager and City Clerk to execute a Utility Service Agreement between the City of Virginia Beach, the City of Chesapeake, and Tangle Pines, Inc., whereby Chesapeake will provide water and sewer services to Lots 1 through 6, Tangle Pines Subdlvlsion (Kempsville Borough). 8. Ordinance declaring excess property at the Northeast corner of Lynnhaven Parkway and Southern Boulevard; and, authorizing the City Manager to dispose of same. 9. Ordinance applying for Comrnunity Development Block Grant Funds for the Sixteenth Program year. 10. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $581,106 within the FY 1989-1910 Operating Budget of the Department of Social Services to maintain placements for foster children and continue mandated day care payments. ii. ordinance to TRANSFER $40,000 to Project 2-110 Southall Quarter Drainage Improvements re construction costs, accept the low bid and award the construction contract of $221,456.40 to Arnette Constructlon and Development Company. 12. Ordinances authorizing temporary encroachments (Lynnhaven Borough): a. Into a portion of the right-of-way of 66th Street and Oceanfront Avenue to Wallace and Juanita Chandler. b. into a portion of City-owned property known as Island Lake West Canal to Arthur J. Welton. 13. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY Beach Limousine Services, Inc. Diamond Cab Company Beach and Coastal Cab Company 14. Ordinance authorizing tax refunds in the amount of $5,754.64. H. APPOINTMENTS ARTS AND HUMANITIES COMMISSION EROSION COMMISSION SOCIAL SERVICES BOARD SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION 1. UNFINISHED BUSINESS J. NEW BUSINESS 1. Interim Financial Statements July 1, 1989 - March 31, 1990 Giles G. Dodd, Assistant City Manager for Administration K. ADJOURNMENT CITY COUNCIL SESSION RESCHEDULED MAY 29, 1990 6:00 PM (Planning Items) RESCHEDULE OF MAY 28, 1990 "MEMORIAL DAY" HOLIDAY (All other Sessions will be In accordance with the City Code) 5/17/90 cmd MINU T C-S VIRGINIA BEACI-I CITY COUNCIL Virgitila Bc,,icli, Virglnli May 21, 1990 The BRIEFING relative the SPORTS AUTHORITY to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall, on Monday, May 21, 1990, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John D. Moss (ENTERED: 11:14 A.M.) John L. Perry (ENTERED: 11:20 A.M.) - 2 - C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N SPORTS AUTHORITY 11:00 A.M. ITEM # 32821 Arthur Collins, Executive Director of the Southeastern Virginia Planning District Commission, provided information relative the SPORTS AUTHORITY. The SPORTS AUTHORITY was redefined by Ordinance on August 1, 1988, concurrent with the development of the Motor Sports Complex in Isle of Wight County. The Sports Complex did not come into fruition, however should another opportunity present itself, the SPORTS AUTHORITY is ready. The City Councils of the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk and Virginia Beach; and, the Board of Supervisors of the County of Isle of Wight shall each appoint one (1) Commissioner. There have been no meetings in approximately nine months; however, communication is maintained by telephone. Councilman Harold Heischober is the representative for the City of Virginia Beach. - 3 - C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N SOUTHEASTERN VIRGINIA PLANNING DISTRICR COMMISSION 11:10 A.M. ITEM # 32822 Arthur Collins, Executive Director of the Southeastern Virginia Planning District Commission, advised the SVPDC was enacted in November 1968. Councilwoman Reba S. McClanan is Chair of the Southeastern Virginia Planning District Commission. An Annual Report is provided to City Council, as well as an outline of the year's activities. The Budget for next year will be less than the current fiscal year. The SVPDC has a substantial unallocated balance, which will be utilized for shortfalls for the next year. Mr. Collins outlined the activities of the SVPDC: Providing data to the communities, as well as private interest: traffic counts, population figures and aerial photography Research: Economical Implications of the Wetlands Act, Reports on Industrial Development, the Homeless, etc. Regional Policy Development: developing a regional consensus relative transportation and conferring with the General Assembly and Federal Government. A Legislative Agenda is compiled by the Region each October for presentation to the General Assembly. The SVPDC is a voluntary association of local governments. The SVPDC is attempting to meet the mutual concerns of the local governments of South Hampton Roads. Relative the merger with the Peninsula Planning District Commission, the City Council will be presented with a series of concurrent resolutions, the Charter and the ByLaws to ADOPT within the next few weeks. This will be the last step in the merger activity and bring the new organization into fruition on July 1, 1990. Part of the implied agreement entailed the SVPDC would keep the per capita the same, as the Peninsula Planning District Commission, who is only paying 21cts per capita could come up to the level of the SVPDC. Mayor Oberndorf referenced under the State Charter, the SVPDC is simply a planning agency. If the decision were to create a regional government, could the SVPDC acconimodate this situation? Mr. Collins advised this would not be possible under the present enabling legislation. - 4 - C I T Y M A N A G E R 'S P R E S E N T A T I 0 N ECONOMIC IMPLICATIONS OF WETLANDS REGULATIONS IN SOUTHEASTERN VIRGINIA ITEM # 32823 11:20 A.M. Arthur Col I Ins, Executive Director - Southeastern Virginia Planning District Commission, distributed a brochure entitled: ECONOMIC IMPLICATIONS OF WETLANDS REGULATIONS IN SOUTHEASTERN VIRGINIA. Said brochure is hereby made a part of the record. At the request of Counci lman Balko at the last SVPDC Meeting, a tape has been developed rel ative Wetlands, uti I izing the f ine resources of the Mun lcipal Cable Un it. This tape wi I 1 be forwarded with City Counci I Is Agenda of May Twenty-ninth. The first page depicts the Composition of Land uses: Total Land Unavallable 17% Developed 26% Undeveloped 58% Of the Undeveloped land, 38% is avai lable for development. Uti I izing the def lnition of the Army Corps of Eng ineers and the Environmental Protection Agency, approximatley 62% is unavai lable tor development. The Second Page depicts the Developed Land, Undeveloped Betore the New regulations and Undeveloped after the regulations in each of the Communities of Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Isle of Wight County, Southampton County and Franklin. Page 3 presents the estimated privately-owned undeveloped land which can be considered to be classified as a wetland under current regulatory guidelines. As the majority of property in Norfolk and Portsmouth is already developed, they are in relatively good shape. Page 4 itemizes the Impacts frorn Wetlands Regulations: Land Prices Wetlands: Drop in value Uplands: Increase in value Chesapeake/Virginia Beach 80% Suffolk 40% Isle of Wight/Southampton County 20% Home Prices and Rents A 45% increase In land cost can increase the price of $100,000 home by nearly $6,000 and add $50 to monthly mortgage payment. Cost of Living An increase in land costs can increase the local cost of I iving just as an increase in oi I prices can boost the nation's Inflation rate. - 5 - C I T Y M A N A G E R 'S P R E S E N T A T I 0 N ECONOMIC IMPLICATIONS OF WETLANDS REGULATIONS IN SOUTHEASTERN VIRGINIA ITEM # 32823 (Continued) Page 5 depicts the Revenue Dependency of Local Governments on Real Property Taxes 1989. It the City loses accessed value, then the abi I lty to generate revenues Is reduced. ln the case of Virginia Beach, this would be approximately 40%. This would also affect Bond Ratings and Items related to long term debt. The Wetlands regulations also reduces the abi I lty of local governments to plan coherently and logically relative development of land. Page 6 ref lects Impacts from Wetlands Regulations (Long-Run Impl !cations of Price Changes). Wealth Transfers Uplands: $5,000 increase per acre would increase wealth of owners by $800-MILLION. Wetlands: $5,000 decrease per acre would decrease wealth ot owners by $1.2-BILLION. $10,000 decrease per acre would decrease wealth of owners by $2.4-BILLION. Local Government Revenues: 37% of local government revenues come from real property. Shifts In Inta- and Inter-Regional Competitiveness. Page 7 ref lects the Impacts from Wetlands Regulations on Long-Run Development Impacts. Opportunity Cost Approximately $50-BILLION of development wil I be lost over a long period of years This Is equivalent to the value of a] I real property currently In existence in Greater Hampton Roads - both sides. The future map of South Hampton Roads will look very different. Downsizing of the Development Industry Causes of downsizing: Higher home prices Greater risk Fewer attractive sites Slower regional economic growth. The SVPDC has attempted to confer with the Federal Agencies who have developed these regulations to determine if the impact on Hampton Roads was intended to occur. If this Impact was intended, is there room for compromise?. Perhaps there Is a portion of these Wetlands which could be made aval lable on which to build roads, schools and houses. - 6 - C I T Y M A N A G E R 'S P R E S E N T A T I 0 N I-64/INDIAN RIVER ROAD INTERCHANGE ITEM # 32824 11:45 A.M. John Herzke, Traffic Engineer, advised the Indian River Road Interchange at the present time is a partial interchange. The Virginia Department of Highways is proposing with their improvements, to add the other two loops that are missing. This is basically the essence of their improvements. The City has expressed their concern that same was inadequate. The firm of Kimberly Horn was hired to perform the design of Indian River Road. As an adjunct to this project, the City also requested the Indian River Road Interchange be investigated and concrete proposals be developed to be provided to VDOT. Jack Bagley, Kimberly-Horn and Associates, advised VDOT's current design has been evaluated with projected traffic volumes. The major problems involved Indian River Road going west on I-64 toward the Naval Base in the morning and then the return move in the afternoon. An ultimate plan was proposed for VDOT's review. There should be a connection at Providence Road, a left flyover from I-64 into Indian River Road and also a set of Collector-Distributor type roadways parallel to the Interstate. Collector-Distributor type roadways are an additional set of roadways inside the Interstate Corridor. All of the entering and exiting traffic utilize these roadways and not the thruways of the Interstate. The main question raised by VDOT concerned the connection with Providence Road. This creates problems relative the Federal Highway Administration and their ability to have additional entrances and exits approved. VDOT had requested refinement which Kimberly Horn obliged. The access points at Providence Road still remain. The left turn lane flyover is a slightly different configuration. VDOT had requested an investigation of direct access from the Interstate via an overhead bridge structure into the HOV Parking Lots. The first contract for this area is to go to construction next summer. Therefore major changes in those designs at this point are going to be difficult to achieve, particularly acquisition of right-of-way. The existing Indian River Road Bridge will be rebuilt. VDOT has indicated the Bridge will be built in such a way to accommodate the future Collector-Distributor roadways. Mayor Oberndorf advised Kempsville residents have expressed the desire that Centerville Turnpike not be expanded and access on the Interstate will be at the line in Chesapeake. - 7 - I T E M S 0 F T H E C I T Y M A N A G E R ITEM # 32825 12:15 P.M. The City Manager reterenced requests ot the Coffimonwealth's Attorney and the Clerk of the Circuit Court regarding planned appeals of Compensation Board decisions affecting their offices. BY CONSENSUS, the City Council reflected support of the planned appeals. - 8 - LABOR DAY COMMUNITY COORDINATION COMMITTEE 12:20 P.M. ITEM # 32826 Mr. Andrew Fine and Dr. Harrison Wilson, Co-Chairs - Labor Day Community Coordination Committee, advised Immediately tollowing the City Council Meeting, the LDCCC will be meeting with TRT to refine the logistics of transporting 25,000 people from Redwing Park at 2:00 A.M- Mr. Fine advised Dr. Wilson and himself had appeared on the WNIS Radio Talk Shop with the Mayor recently. There have been discussions with School principals and administrators relative Laborfest. It would be Important for the school administrators to have a significant presence over the Labor Day weekend. The curfew will be enforced. Any Individual under eighteen will not be allowed out after MIDNIGHT. Relative fund raising, the article in the Sunday paper was misleading. There has not been one ofticial call made; however, there have been significant indications of support. Mr. Fine believes the financial goal will be attained. Dr. Wilson referenced meeting with several Ministerial associations, who reflected positive support. As per request, a weekly update of contributions will be provided. Mayor Oberndorf referenced the suggestion of a gentleman who was a Member of the American Legion. He understood the planning and implementations of this year, but wished to suggest perhaps the visitors would like to choose another weekend other than Labor Day, which has historically been a family occasion. Dr. Wilson and Mr. Fine advised this was a suggestion they had considered. Perhaps with the success of Laborfest, this suggestion might be a possibility - 9 - M A Y 0 R ' S C 0 N C E R N S ITEM # 32827 12:40 P.M. Mayor Oberndorf referenced a copy of a Questionnaire distributed by R. G. Moore citing two options to the homeowners in Cypress Point. One option would allow the building of tennis courts, a tot lot and a parking area which would evolve into their being assessed for its maintenance and upkeep. Option 2 would be a tot lot without the parking and the tennis courts which would belong to the Country Club at Cypress Point and obviously not entail any homeowners' expense. The gentleman who forwarded the survey believed Parks and Recreation should have performed this survey to assist the homeowners in determining which option would be in their best interest. The City Manager will advise. The City Attorney will provide legal advice relative the method the City Council can protect the rights of the consumers in situations of this nature and when the consumer is strictly on his own relative dealings with the developer. Mayor Oberndorf requested the City Attorney and Research and Strategic Analysis assemble information relative dealers' license plates. There are numerous cars being utilized, without City Stickers, containing permanent radios and phones. These automobiles definitely seem to be driven by more than salesmen. Mayor Oberndorf requested information relative how liberally the law was interpreted. Mayor Oberndorf inquired also concerning the amount of revenue lost thorough this procedure. Perhaps in discussions with the General Assembly, a better method could be devised. - 10 - C I T Y C 0 U N C I L C 0 N C E R N S 12:40 P.M. ITEM # 32828 Councilwoman Parker referenced the mulching program being taken over by Southeastern Public Service Authority and the material being sold to the local stores. The City Manager will provide a status report. ITEM # 32829 Counci lwornan Parker referenced the application of Tidewater Guild for Infant Survival, Inc. for real and personal property tax exemption. This Item Is SCHEDULED for consideration by City Council on June 4, 1990. Additional information will be provided. ITEM # 32830 Counci lwoman Henley Inquired when the Ordinance relative tax credits for the preservation of historically signlficant structures would be SCHEDULED for a City Council Session. The City Attorney has advised Assistant Attorney Gary Fentress has the Ordinance in a proposed stage; however, there are various alternatives which must be declded. ITEM 32831 Councilwoman Henley requested a status report from Robert Matthias relative the historical office. ITEM 32832 Councilman Heischober advised on May 7, 1990, City Council ADOPTED the Ordinance to AMEND and REORDAIN Sections 2-247 and 2-250 of the Code of the City of Virginia Beach, Virginia, re Weights and Measures Division of the Department of Permits and Inspections; and, ADD and ORDAIN Section 2-285 to the Code of the City of Virginia Beach, Virginia, re Consumer Protection Division. Copies of letters have been received suggesting It might not be a wise decision for the State to assume the Weights and Measures Division. The City Manager has requested the Staff examine the current law, whereby a fee could be charged for this service. Counci lman Heischober requested it be determined whether the State, with the cut back In funding, can produce the same quality as the City's Permits and Inspections Department. Counc 1 1 man Moss I nq u i red re I at I ve the n umber of I nstances when the sca I es of the City's Weights and Measures Division were determined not to be in proper order. ITEM # 32833 Councilman Heischober referenced the Construction Managers' Contract and requested a report relative the cost effectiveness. Is this cost reasonable, acceptable and justifiable from the standpoint of the product? The City Manager shall provide a WORKSHOP. - 11 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32834 Councilman Balko advised approximately twenty states have tax breaks relative real estate for veterans with 100% disability and requested the City consider a dispensation of this nature. ITEM # 32835 Councilman Moss referenced the FORTUNE MAGAZINE article on Education. Councilman Moss encouraged all to read this article. ITEM # 32836 Councilman Moss advised in the Washington Times Magazine last week, there was an excellent synopsis of Fairfax County relative the tremendous budget cutting and service reduction. This article might provide the city with suggestions relative types of service reductions. ITEM # 32837 Vice Mayor Fentress referenced Resolution authorizing the Vlrginia Beach Community Development Corporation to AMEND its bylaws re number of voting members of the Corporation (See Item VII-G.2 of the CONSENT AGENDA). Vice Mayor Fentress requested APPOINTMENTS to the Virginia Beach Community Development Corporation be SCHEDULED for the City Council Session of May 29, 1990. ITEM # 32838 Vice Mayor Fentress referenced an article two weeks ago relative students In relationship to the Virginia Beach Health Department will be distributing prophylactics on the boardwalk this Summer. Vice Mayor Fentess requested further information, as he believed thi5 could pose a liability for the City. - 12 - ITEM # 32839 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui lding, on Monday, May 21, 1990, at 1:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 13 - ITEM # 32840 Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginla, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific publ lc off icers, appointees or employees pursuant to Section 2.1-344(A) (1). To-wit: Boards and Commissions as listed in the formal agenda. Upon motion by Counci Iman Baum, seconded by Counci Iman Balko, City Counci I voted to proceed Into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and W I I I I am D. Sessoms, Jr. Council Members Voting Nay; None Council Members Absent: None 9 - 14 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL May 21, 1990 2:00 P.M. Mayor Meyera E. Oberndort cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hal 1 Bul Iding, on Monday, May 21, 1990, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndort, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Bill Ralph Level Green Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 1 5 Item VII-D.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32841 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION 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 this Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Councilman Baum, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATRERS: Discussion, consideration 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: Boards and Commissions as listed in the formal agenda. VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None Beverly O-' Hooks Chief Deputy City Clerk - 16 - Item VII-E.I- MINUTES ITEM # 32842 Upon motion by Vice Mayor Fentress, seconded by Counci [woman Parker, City Counci 1 APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS ot May 14, 1990 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and W i I I i am D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 17 - Item VII-F.2. ORDINANCE ITEM # 32843 The following registered in SUPPORT ot the Ordinance: Michael Arthur Rorer, 3012, Beaver Drive, Phone: 431-8817, spoke In support but requested an amendment to said Ordinance on page 2, 1 ine 56. Mr. Rorer req uested the f ee, not to exceed ten do I I ars ($ 1 0) rather than fifteen dollars ($15). Kristen W. Rorer, 3012 Beaver Drive, Phone: 431-8817 Upon motion by Counci lman Heischober, seconded by Counci Iman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 21-376, 21-424, 21-428 and 21-429 of the Code of the City of Virglnia Beach, Virginia, re towing of abandoned and unauthorized vehicles. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None EZ)-AS TO CONTEtqTs SIGNATURE B,@ARTMENT APPR@'@'.'!VEI) AS TO LEGAU AND FORM I kN ORDINANCE TO AMEND AND 2 REORDAIN SECTIONS 21-376, 21-42 RNEY 3 21-428 AND 21-429 OF THE CODE OF THI 4 OF VIRGINIA BEACH, VIRGINIA, 5 PERTAINING TO TOWING OF ABANDONED 6 AND UNAUTHORIZED VEHICLES 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That sections 21-376, 21-424, 21-428 and 21-429 of the Code 10 of the City of Virginia Beach, Virginia, are hereby amended and 11 reordained to read as follows: 12 Section 21-376. Abandoned, wrecked, junked, etc., vehicles 13 generally. 14 (a) Pursuant to the authority contained in sections 46.2- 15 1201 and 46.2-1313 of the Code of Virginia, the provisions of 16 Cliapter 12, Abandoned Motor Vehicles, of Title 46.2 ef the GeEle 8-f 17 Vi:r-gA:nj:a jzs are hereby adopted and ordained as @ ordinances of the 18 city to the same extent as if set out at length herein. Wherever 19 the term "political subdivision" appears in the state law hereby 20 adopted, it shall be construed to mean the City of Virginia Beach, 21 acting through its employees or independent contractors. 22 (b) No person shall leave any partially dismantled, 23 nonoperating, wrecked or junked vehicle on any street or highway 24 within the city. 25 (c) No person in charge or control of any property within 26 the city, whether as owner, tenant, occupant lessee or otherwise, 27 shall allow any partially dismantled, nonoperating, wrecked, junked 28 or discarded vehicle to remain on such property longer than forty- ,g eight (48) hours, and no person shall leave any such vehicle on any 30 property within the city for a longer time than forty-eight (48) 31 hours. This subsection shall not apply to a vehicle in an enclosed 32 building, a vehicle on the premises of a business enterprise 33 operated in a lawful place and manner, when necessary to the 34 operation of such business enterprise, or a vehicle in an 3 5 appropriate storage place or depository maintained in a lawf ul 36 place and manner by the city. 37 (d) The chief of police and the director of public works, or 38 any member of their departments designated by them, are hereby 39 authorized to remove or have removed any vehicle left at any place 40 within the city which reasonably appears to be in violation Of 41 subsection (b) or (c) of this section or of section 21-377 or which 42 is lost, stolen or unclaimed. Such vehicle shall be impounded 43 until lawfully claimed or disposed of at the owner's expense. 44 (e) A violation of any provision of this section shall 45 constitute a Class 1 Misdemeanor. 46 Section 21-424. Release of vehicle to owner or custodian prior to 47 towing. 48 (a) If the owner or custodian of any vehicle not 49 authorized to be parked in a private lot returns after a tow truck 50 service has arrived but before the vehicle has been towed from the 51 private lot, he may reclaim the vehicle whether or not it is fully 52 hooked up to the tow truck and it shall be unlawful for the tow 53 truck service or operator to refuse to release the vehicle; 54 however, if the vehicle has been hooked up or is in the process of 55 being hooked up, the tow truck operator may charge a fee not to 56 exceed fifteen dollars ($15.00) before releasing the vehicle or 57 discontinuing the towing process. The process of hooking up shall 58 include (i) the removal and/or unreeling of any towing equipment 59 from the tow truck after the truck is positioned to effect the tow, 60 whether or not attachment is made to the vehicle, or (ii) the 61 lowering of a hydraulically operated lift preparatory to loading 62 the vehicle. 63 (b) If the owner or custodian is unable or unwilling 64 to pay this fee, under the above circumstances, and the vehicle is 65 subsequently towed, no fee in excess of twenty-five dollars 66 ($25-00) shall be charged for the tow. The tow truck operator 7 shall permit an owner or custodian who returns to his vehicle under 8 these circumstances to remove personal items from the vehicle prior 9 to its being towed. 2 '7 0 (c) No tow truck operator shall request payment of 71 the charge authorized by this section, or tow any vehicle 72 thereafter if the charge is not paid, unless he shall first provide 73 to the owner or custodian a copy of this section. The operator, 74 upon receiving such payment shall provide to the owner or custodian 75 a legible receipt containing the name of the towing service, the 76 date and time and Place of vehicle release, and the name of the tow 77 truck operator. A copy of the receipt shall be retained by the 78 towing service for a period of one year and shall be made available 79 for inspection by city police or the commissioner of revenue during 80 normal business hours of the tow truck service. 1 2 Section 21-428. Tow truck service operator's log. 3 Tow trucks service operators shall keep a log of all vehicles 4 towed, including the make, model, year and vehicle identification 5 number, if known, of the vehicle, its license number and state of 6 issuance, the time, date and place of removal, the name of the tow 7 truck operator who made the tow and, f or each entry of tow, the 8 signature of the owner of the private lot, or his representative, 9 requesting and authorizing the tow shall be required. A letter of 10 aiithorization from the owner of the private lot or his 11 representative, when carried in the tow truck making the tow, shall 12 be sufficient to meet this latter requirement. Such log shall be 13 retained for not less than one year, and shall be available for 14 inspection by city police during normal business hours of the tow 15 truck service owner, including any time that a vehicle is being 16 impounded or reclaimed. Failure to keep and retain such a log, or 17 omitting to make a true and complete entry for each vehicle towed, 18 or failure to surrender such log to any police officer upon request 19 shall be unlawful. 20 Section 21-429. Miscellaneous prohibited acts by tow truck service 21 or operator. 22 Except when acting as an agent in the legal repossession of 23 a vehicle, it shall be unlawful for any tow truck service or 24 operator to: 3 'L 5 (1) Tow or otherwise move a vehicle from any area or portion 26 of a public street, without either the consent of the 27 owner or custodian of the vehicle or authorization from 28 a police officer or other designated official of the 29 city. 30 (2) Block the movement of or tow or otherwise move a vehicle 31 from any private road, driveway or any other privately 32 owned land or property within the city, except when 33 requested to do so by the owner or custodian of the 34 vehicle; unless specifically requested to perform such 35 towing service by the owner or his agent or licensee 36 (other than the owner, employee or agent of the wrecker 37 and towing service) of the private property on which the 38 vehicle is parked. 39 (3) Tow or otherwise move a vehicle from any private road or 40 driveway, or from any other privately owned land or 41 property within the city to a place out of the city, 42 without the consent of the owner or custodian of the 43 vehicle; provided that, after a period of not less than 44 twenty-four (24) hours following the initial towing of 45 a vehicle, as recorded in the police dispatcher's log, 46 frem the t!Fne ef the reeluest fef refneval has elapsed, 47 any such vehicle may be moved to a storage area outside 48 the city, with prior notification to and approval of the 49 police department. 50 (4) Block the movement of any vehicle, other than when on 51 the property of the tow truck service, to prevent the 52 movement thereof by its owner or custodian who has 53 appeared and desires to move the vehicle. 54 (5) Drive a wrecker or tow truck along any street to solicit 55 towing or engage in cruising to patrol or police private 56 property or to wait for employment by standing or parking 57 on public property. 4 -18 (6) Tow or otherwise move a vehicle from any place in the 59 city utilizing a wrecker or tow truck which is not 60 insured as required by section 18-55.1 of this code. 61 (7) Provide false information to any police dispatcher 62 concerning any vehicle towed. 63 (8) Require the owner of any towed vehicle to wait for a 64 period exceeding two (2) hours for release of a vehicle. 65 Any delay over two (2) hours caused by failure to monitor 66 or respond to calls placed to the operator's designated 67 telephone number shall constitute a violation of this 68 section. 69 (9) move any vehicle to any intermediate place of storage, 70 or to any location other than to the registered secure storage yard 71 of a tow truck service, unless specifically requested by the owner 72 or custodian of said vehicle. 73 (10) upon request by any owner or custodian of a currently 74 licensed vehicle, deny or prevent access to said vehicle for the 75 purpose of removing personal items, whether or not the owner or 76 custodian is then able to reclaim the vehicle. 77 (11) Assess any charge or fee in excess of, or in addition 78 to, those authorized by this Code. 79 Adopted by the Council of the City of Virginia Beach, Virginia 80 on the 21st day of 1990. 81 WEB/ccm/dga 82 03/08/90 83 04/09/90 84 05/02/90 85 CA-03661 86 \ordin\proposed\21-376et.pro 5 - 18 - Item VII -G. CONSENT AGENDA ITEM # 32844 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Balko, City Counci I APPROVED in ONE MOTION Items 2, 3, 4, 5, 7, 8, 9, 10, 12b, 13 and 14 of th, CONSENT AGENDA. Items 1, 6, 11 and 12a were pulled for separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 19 - Item VII-G.I. CONSENT AGENDA ITEM # 32845 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, represented himself and spoke in opposition to the use of Strawbridge Road as an access to Strawbridge School Upon motion by Counci lwoman McClanan, seconded by Counci Iman Balko, City Council ADOPTED: Resolutions approving applications to the State Board of Education for low-interest loans from the Literary Fund to the School Board ot the City of Virginia Beach re construction of: Strawbridge Elementary $2,500,000 Princess Anne Borough Landstown Elementary and Middle Schools $2,500,000 Princess Anne Borough Tallwood High School $2,500,000 Kempsville Borough Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None R E S 0 L U T I 0 N WHEREAS, the Code of Virginia authorizes the Board of Education to make loans from the Literary Fund to the School Boards for the purpose of erecting, altering or enlarging school buildings, and WHEREAS, Officials of the School Board for the City of Virginia Beach, Virginia have prepared an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2,500,000 for an elementary school located in the Princess Anne Borough off Strawbridge Road, to be paid in 20 annual installments and the interest thereon at 4 percent paid annually. WHEREAS, City Council desires to support this request and believes it to be appropriate: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach that the application to the State Board of Education of Virginia for a loan of $2,500,000 from the Literary Fund to the School Board of the City of Virginia Beach is hereby approved. This resolution shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, 21 May Virginia on the day of 1990. V.A. 005 1/86 No. APPLICATION FOR LOAN FROM THE LrrERARY FUND OF VIRGINIA Name of School Strawbridize KL-WU Name of County-City vi@ Bead, TO THESTATF, BoARDoi, EDUCATION, Richmond, Virginia: Gentlemen: The School Board for the County-City of hereby makes application for a i.an of $ 2,500,000 from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permancnt improvement to) a school building located at s Ame Borough, Va. Beadi, VA --, a, follo@,: (Describe briefly) @ 15.00 - site is located off S@ridge Road. @ parcel is more fully d@bed in Deed Book 580- li3p Bock 192, Page 67; and ft Bock 200, Page 15. 1. The said building, addition, or ;permanent improvement described above, to be of -1 Cc=ret@ (Type f brick, f..e, @t@.) will be used as a -C=tnEy @lml building, and is estimated to cost $ (Ele.., H. S., Comb. Elem. & H.S.) 2. The total @timated value of the existing school plant, including site, plus the pr(>posed building addition, or perma- nent improvement thereto, is $ 8-264,000 3. There is at present a loan from the Literary Fund on this Not @licable in the amount (B.ilding o, @ch.ol pl..t) of $ Nbt Applicable 4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there- to, and site, on account of which such loan is made. 5. The site on which this building, addition, or permanent improvement, will be located contains 15-00 acres, of which 1.5-00 - acres are well suited and useable, or can be easilv impro@ed and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is begun. It is undentood that the State Board of Education reserves the right to with- hold any part or all of the @ount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. 7. The proposed building, addition, or permanent impro@ement, is desirable because: (Explain briefly) @ school WUI home 900 s@ts resid% in the Bridge/General Bootli corridor. Widmt this proi(r-t, c@m mmiti schools. 8. The present total indebtedncm of the County-City for school buildings is $ 1 337 373 of which -u . is owed to the Literary Fund. 9. This County-City has not defaulted or faHed to meet its dcbt service obligations as and when due for the past five years except, as follows: %t- Api2liAhl@ 10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. 11. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) 12. This loan is to be made for 20 years, and is to be paid in annual installments, with interest at S . 20 5 o 20 the rate of 4 per centum per annum, payable annually. .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this appecation), agmed to provide for the repayment of this loan. 14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit- erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any @oan from the Literary Fund. Given under my hand this the -- day of 19-. THE SCHOOL BOARD OF COUNTY-CITY By Chairman. ATTEST: Clerk. SEAL (2) AT A MEFTING of the Board of Supervisors for the County of -- or the Council for the City of , held in the said County or City on the day of 19-: WHEREAS, Ile School Board for the County of or City of , on the --- day of 19-, presented to this Board or Council, an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $ 2,500,000 for the new school building (or for adding to or improving the present school building) at -q@r-telge to be paid in 20 annual installments, and the interest themon at 5 . 20 per cent paid annually. RF.SOLVED, That the application of the County or City School Board to the State Board of Education of Virginia for a loan of $ 2,500,@-- from the Literary Fund is hereby appi-oved, and authority is hereby granted the said County or City School Board to borrow the said ainount for the purpose set out in said application. The Beard of Supe@isors for said County or Council of said City will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for sch@ls or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the intemst thereon, as required by I-aw regulating loans from the Literam Fund. I hereby certify that the foregoing is a true copy as taken fmm the minutes of the Board of Supe@isors for the County of or the Council of the City of Clerk SEAL BOARD OF SUPERVISORS FOR THE COUNTY OF COUNCIL FOR THE CITY OF ATTORNEY'S CERTIFICATE OF TITLE Tuis IS TO CERTIFY that I, '111Y A- a qualified and competent attomey, or Attorne . y for the Commonwealth for County or City, or the City or County Attomey for Virglnla Beac!h have examined the title of the School Board or Governing Body of Vi@nia @rh Cbunty or City, Virginia to that certain lot, parcel or tract of land re- ferred to in the attached application, and that the School Board of , or the Goveming Body of , has a fee simple title to said land, and the sarne is free from encumbrances, except as noted in attached summary. Executed tMs 8th day f May 19 90 Attomey, or th for City or County County or City CERTIFICATE OF THE CLERK OF COURT WFIEREAS, the school board of the goveming body of Virginia Beach owns -1 acres of real estate in county or - city of Vi@nia Virginia, on whicli to erect the school building described in this application. The title deed to this property is recorded in the clerk's office for county, or V Beach city, in deed book nurnber 2840 page book number 192 page 67 --, book number 200 page 15 ONE. That the title to the real estate has been examined and approved in writing by the attorney for the Commonwealth. the county or city attomey or othcr competent attorney and his report filed with the clerk of the court. Two. 'Mat the certificate of the attorney examining the title shows that the school board or the governing body of @ Beacli - has a good and sufficient title in fee simple to thc real estate subject to the (following) (no) encumbrances (note encumbrances, if Givcn under my hand this the day of nin Clerk 41@ court of County or City SEAL THis APPLicATION h@ been rcviewed and checked against "Minimum Requirements and Standards for Sch(>Ol BuUdings." Date Associate Director of Energy Attorney's Certificate of title and this application approved this, the - - - day of 19- Attorney General of Virginia Approved by the State Board of Education, 19-- For Secretary State Board of Education (4) STATEMENT OF THE COUNTY OR CITY TREASURER 1. Assessed \7alue of Real and Penonal Property, subject to taxation for countv s'choof purposes at date of this report. Real Estate 4/30/90 $ 15 273,650,9.54 Tangible Personal Property .4/30/90 $ Z6 Public Se@ice Corporations @6/30/,90 RE, & PF, $ Total $ 92 78 4Z2 2. Incoine of the County or City for schwi purposes for current fiscal year: Countv School Levy $- Cash Appropriations (locall .. FT ,097-9Q, $_ 151,312,954 M-' cap"@ P-i-ts $ 751,135 Total $- 152,064,089 3. Indebtediiess of County or City (including districts) for school purposes at date of this report: I,iterary l@und Loatis s- Long-Term Bonds $- 103,337,373 Teinporary l,oans $- - Total 6/30/90 $ 108 337 373. 4. Record of School Bonds Outstanding (not including Literary Fund Loans) Long-Tem School Boilds: (Please see at Datc of Issue Maturity Rate of Interest --gl@ I)ate of Issue Maturity Rate of Interest I)ate of Issue Maturity Rate of Interest -i. Payments for Indebtedness from school funds for current fiscal year: (Include tho.,e to be paid before end of current year.) T- l,iterary l@'und of Nlirginia, including Interest $ 497 To Sinkiiig I:uncl foi Retirement of Long-Term School Bonds $- - l,ong--f'crni @ch@] Bonds paid, including Interest $ 657 68T '['otal $ 15 154 687 -f'empora@, Loa.s Paid $- Total Indebtedness Paid 6/30/90 $ 15, @ 687 1 certifv that the abo%-c is a true statement conceming the school funds for County or City for the @ear ll)-. 1 9 according to the records of my Treasurer Date for County City (5) City of Virginia Beach, VA School Bonds Outstanding Bond Issue Maturity Rate of Issue Date Date Interest -------------------------- -------------- ---------- --------------- 1972-A School 09/01/72 09/01/92 5.094909% 1972-B School 66/01/73 06/01/94 4.905989% 1974 Public Improvement 11/01/74 11/01/92 5.8219% 1975 Public Improvement 12/01/75 12/01/95 6.1031% 1976 Public Improvement 12/01/76 08/01/96 4.803472% 1977 Public Improvement 12/01/77 10/01/97 4.9517% 1978 Public Improvement 12/01/78 10/01/98 5.6296% 1979 Public Improvement 11/01/79 11/01/99 6.374941% 1980 Public Improvement * 02/01/82 12/01/91 11.885% 1981 Public Improvement * 02/01/82 12/01/91 11.885% 1982 Public Improvement ** 12/01/82 11/01/02 9.5333% 1984 Public Improvement ** 07/15/84 07/15/04 9.336614% 1985 Public Improvement 02/01/85 02/01/01 8.210425% 1985 Pub Impr. Refunding 11/15/85 12/01/97 7.577744% 1986 Public Improvement 05/01/86 05/01/06 6.95958% 1986 Pub Impr. Refunding 09/01/86 07/15/04 7.042% 1987 Public Improvement 05/15/87 05/01/07 7.016016% 1988-A Public Improvement 04/15/88 04/15/08 6.864797% 1989-A Public Improvement 10/01/89 10/01/09 6.95286% 1 A portion of this issue has been refunded (1985 Public Improvement Refunding Bonds, dated 11/15/85). *1 A portion of this issue has been refunded (1986 Public Improvement Refunding Bonds, dated 09/01/86). z R E S 0 L U T I 0 N WHEREAS, the Code of Virginia authorizes the Board of Education to make loans from the Literary Fund to the School Boards for the purpose of erecting, altering or enlarging school buildings, and WHEREAS, officials of the School Board for the City of Virginia Beach, Virginia have prepared an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2,500,000 for an elementary and middle school located in the Princess Anne Borough within the planned Princess Anne Park Expansion, to be paid in 20 annual installments and the interest thereon at 4 percent paid annually. WHEREAS, City Council desires to support this request and believes it to be appropriate: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach that the application to the State Board of Education of Virginia for a loan of $2,500,000 from the Literary Fund to the School Board of the City of Virginia Beach is hereby approved. This resolution shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 day of May -1 1990. V.A. 005 1186 No. APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA T@.qtown El@tary Name of School aM Middle Wmls Name of County-City TO THE STATEBoARDoPEDUCATION, Richmond, Virginia: Gentlemen: The Sch(>ol Board for the County-City of hereby makes application for a loan of o 2.500.000 from the Literary Fund of Virginia for the purpose of er-ecting, enlarging, or altering (making permanent improvement to) a school building located at A- --,gb Va - P~li. VA as follows: (Describe briefly) @ 50-00 - site is is more fully d@bed in Deed Book 2787, Page 1661; Map Book Book 2M, Page 14, 1. The said building, addition, or permanent improvement described above, to be of will be used as a building, and is estimated to cost $ (Type of -n,t-cti-on, bi@k, fm.@, @t@.) (El@.., H. S., C..b. Elem. & H.S.) 2, The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma- ncnt improvement thereto, is $ 2:4652,000. . . i 3. There is at present Ia loan from the Literary Fund on this Not Applicable in the amount (B.ilding r @cho.1 pla.t) @f $ Not Applicable 4. Thc total amount of the loan will not exceed the cost of the building, addition, or pemanent improvement there- to, and site, on account of which such loan is made. 3. The site on which this building, addition, or permanent improvement, will be ](>cated contains 50-00 acres, of which 5Q-00 - acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is begun. It is understc>od that the State Board of Education reserves the right to @th- hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. z 7. The proposed building, addition, or permancnt improvement, is desirable because: (Explain briefly) @ schools WiU home s@ts in the F@' MnMt/Green Run area. Without this project, @ed ccnfftiom wm @t @is. 8. The present total indebtedness of the County-City for scho.] buildings is $ Ing.,137.q7l of which is owed to the Liter-ary Fund. 9. This County-City has not defaulted or failed to mect its debt service obligations as and when due for the past five years except, as follows: @t- ApplinAhlo 10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. 11. The building or impmvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State B@ of Education, and is recommended in the study or survey made by (give title and date) Nat' AppjirAbIP 12. This loan is to be niadc for 20 years, and is to be paid in annual installments, with interest at 5 . 20 5 t. 20 the rate of 4 per centum ppr ann@, payable annually. .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this appucation), agreed to provide for the repayment of this loan. 14. The School Board is not in dcfault in the payment of any part of the principal of any previous loan from the Lit@ crary Fund and, for at least two years immediately beforc this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fu nd. "t Given itnder my hand this thc -- day of 19-, THE SCHOOL BOARD OF Virgil@ COUNTY-CITY By Chairman. ATTEST: Clerk. SEAL (2) AT A MEETIN(; of the Boa-rd of Supervisors for the County of - or the Council for the City of , held in the said County or City on the day of 19-: WHEREAS, The School Board for the County of or City of , on the -- day of 19 presented to this Board or Council, an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $ 2@,000 for the new school building (or for adding to or improving the present @wm 20 annual installments, and the interest diereon at school building) at to be paid in - 5 . 20 4- per cent paid annually. RESOLVED, That the application of the County or City School Board to the State Board of Education of Virginia for a loan of $ - from the Literary Fund is hereby approved, and authority is hereby granted the said County or City School Board to borrow the said amount for the purpose set out in said application. The Board of Supervisors for said County or Council of said City will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literar, Fund. I h@y certify that thc foregoing is a true copy as taken fmm the minutm of the Board of Supe@isors for the County of or the Council of the City of Clerk SEAL BOARD OF SUPERVISORS FOR THE COUNTY OF COUNCIL FOR THE CITY OF (3) ATTOMEY'S CERTIFICATE OF TITLE THIS IS TO CERTIFY that 1, Jay A. Richardson a qualified and competent attorney, or Attorne . y for the Commoiiwealth for County or City, or thc City or County Attorney for V Be-h have examined the titic of the School Board or Goveming Body of V Beach Cbunty or City, Virginia to that certain lot, parcel or tract of land re. ferred to in the attachcd application, and that the School Board of I or the Goveming Body of Vi@nia @n], has a fee simple title to said land, and the same is free from encumbrances, except as noted in attached summary. Executed this 8th day of May 90 Attomey, or City or County ounty or City CERTIFICATE OF THE CLERK OF COURT WHEREAS, the school board of the goveming body of V owns 50-00 acres of real estate in county or - city of V@nia Virginia, on whicil to erect the school building de@bed in this applicatign. The title deed to this property is recorded in the clerk's office for county, or V Beach city, in deed book number 2787 page 1661 book number 73 page 10 , book number page 14 ONE. That the title to the real estate has been examined and appmved in writing by the attorney for the Commonwealth. the county or city attomey or other @ompetent attorney and his report filed with the clerk of the court. Two. nat the certificate of the attomey ex@ining the title shows that the school board or the governing body of V Beach has a good and sufficient title in fee simple to the real estate subject to the (following) (no) encumbrances (note encumbrances, if Given under my hand this the day of 71 ninct@@nored and /1@. Clerk court of County or City SEAL THis APPLICATION has been reviewed and checked against "Minimum Requirements and Standards for School Buildings." Date Associate Director of Energy & Facilities Services Attorney's Certificate of title and this application approved this, the - - - day of Attorney General of Virginia Approved by the State Board of Education, 19-- For Secretary State Board of Education (4) STATEMENT OF THE COUNTY OR CITY TREASURER 1. Assessed Value of Real and Personal Property, subject to taxation for countv ,hol purposes at date of this repo,t. Real Estate ... 4/3,/ 0,,90. Tangible Personal Property 4/X/9p $ 1 293 205 9&_ Public Se@ice Corporations & PP $ 425 932 492 Total 16 992 789 @2 2. Income of the Countv or City for sch@l purposes for current fiscal year: Countv School Levy Cash Appropriations (local) FY 8@ @l capiw Projects $ Total $ 3. Indebtedness of County or City (including districts) for school purposes at date of this report: Literar), Fund Loatis $ 5 000 O(?O_ Long-Term Bonds 103 337 373 Temporary l,oan, Total 6/30 108 337 3?3 4. Record of School Bonds Outstanding (not including Literary Fund Loans) Long-Term School Bonds: (Please see at@ed) Date of Issue Maturity Rate of Interest I)Zte of Issue Maturity Rate of Interest Date of Issue N4attirity Rate of Interest ---@o .i. Payments for Indebtedness frm school fu.ds for current fiscal year: Include those to be paid before end of current year.) To Literarv f-und of \Ii@ginia, includin Interest s To Sinkijig 1"Lin(i f.i- Retircnient of l,ong-Term School Bonds $ l,on.g-TerrT, S(-hool Bonds paid, including Iritercst $- 7- -f'otal $ Tempora,l Loans Paid Total Indebtcdness I'aid 6/30/90 $ 15 154 687 1 certify that the abo,,e is a true statement concerning the raool funds for County or City for the year 19-- 19- according to the records of my Treasurer Date for County City (5) City of Virginia Beach, VA School Bonds Outstanding Bond Issue Maturity Rate of Issue Date Date Interest -------------------------- -------------- ---------- --------------- 1972-A School 09/01/72 09/01/92 5.094909% 1972-B School 66/01/73 06/01/94 4.905989% 1974 Public Improvement 11/01/74 11/01/92 5.8219% 1975 Public Improvement 12/01/75 12/01/95 6.1031% 1976 Public improvement 12/01/76 08/01/96 4.803472% 1977 Public Improvement 12/01/77 10/01/97 4.9517% 1978 Public Improvement 12/01/78 10/01/98 5.6296% 1979 Public Improvement 11/01/79 11/01/99 6.374941% 1980 Public Improvement - 02/01/82 12/01/91 11.885% 1981 Public Improvement - 02/01/82 12/01/91 11.885% 1982 Public Improvement *- 12/01/82 11/01/02 9.5333% 1984 Public Improvement -- 07/15/84 07/15/04 9.336614% 1985 Public Improvement 02/01/85 02/01/01 8.210425% 1985 Pub Impr. Refunding 11/15/85 12/01/97 7.577744% 1986 Public Improvement 05/01/86 05/01/06 6.95958% 1986 Pub Impr.-Refunding 09/01/86 07/15/04 7.042% 1987 Public Improvement 05/15/87 05/01/07 7.016016% 1988-A Public Improvement 04/15/88 04/15/08 6.864797% 1989-A Public Improvement 10/01/89 10/01/09 6.95286% 1 A portion of this issue has been refunded (1985 Public Improvement Refunding Bonds, dated 11/15/85). i A portion of this issue has been refunded (1986 Public Improvement Refunding Bonds, dated 09/01/86). R E S 0 L U T I 0 N WHEREAS, the Code of Virginia authorizes the Board of Education to make loans from the Literary Fund to the School Boards for the purpose of erecting, altering or enlarging school buildings, and WHEREAS, Officials of the School Board for the City of Virginia Beach, Virginia have prepared an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2,500,000 for a high school located in the Kempsville Borough on Kempsville Road, to be paid in 20 annual installments and the interest thereon at 4 percent paid annually. WHEREAS, City Council desires to support this request and believes it to be appropriate: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach that the application to the State Board of Education of Virginia for a loan of $2,500,000 from the Literary Fund to the School Board of the City of Virginia Beach is hereby approved. This resolution shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 day of May , 1990. V.A. 005 1186 No. APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Name of School -@ @i Name of County-City TO THE STATE BOAPD oi, EDUCATION, Richmond, Virginia: Gentlemen: The School Board for the County-City of hereby makes application f.r a loan of from the LiterarY Fund of Virginia for the purpose of erecting, enlarging, or alteing (rnaking permanent improvement to) a school building located at VA-, as follows: (Describe briefly) described in Deec -Fc, be @rn le-i-ed cxfon r-1061@eis op ra 1. The said building, additi(jn, or permanent improvement described above, to bc of @Li and @@Ig will be used as a (Type of @.n@t-.tion, b,ick, fm.@, @tc.) building, and is estimated to cost $ (Ele.., H. S., C.mb. Elem. & H.S.) 2. The total estimated value of the existing sch(>ol plant, including site, plus the proposed building addition, or pe=a. ncnt improvement thereto, i@ $ 1 3. There is at present aloan from the Literary Fund on thi, - Not Applicable in the a-mount (B.ildi.g r ho.1 plant) of $ 4. The total arnount of the loan will not exceed the cost of the building, addition, or permancnt impro@ement thcre- to, and site, on account of which such loan is made. 5. The site on which this building, addition, or permanent improvement, will be ](>cated contains -4 acres, of which 4@7 acres are well suited and useable, or can be casilv improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is begun. It is understood that the State Board of Education rese@es the right to with- hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. 7, The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly) This sdml wiU @ 2,000 students in the W-t e nrea- Without this project, @ed coriditions wiU iwwt schools. 8. The present total indebtedness of the County-City for school buildings is $ IC6 337 373 of which 5,000,000 is owed to the Literary Fund. 9. This County-City has not defaulted or failed to meet its debt semice obligations as and when due for the past five years except, as follows; 10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance wiCn the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. 11. The building or improvemcnt for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or su@ey made by (give title and date) 12. This loan is to be niade for 20 yean, and is to be paid in annual installments, with intercst at 5 . 20 5 . 2D the rate of 4 per centum per annum, payable annually. .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this appfication), agmed to provide for the repayment of this loan. 14. Ile School Board is not in default in the payment of any part of the principal of any previous loan from the Lit- erary Fund and, for at least two ycars immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fund. Given undcr my hand this the -- day of 19-- THE SCHOOL BOARD OF Virginia COUNTY-CITY By Chairman. A-MEST: Clerk. SEAL (2) AT A MEETING of the Bo.,d of Supervisors for the county of -- or the Council , held in the said County or City on the day of for the City of 19-: WliEREAS, The School Board for the County of or City of on the day of 19-, presented to this Board or Council, an application add@d to the State Board of Eduti. of Virginia for the purpose of borrowing from the Literary F,,nd $ 2-500 000 for the new sch.1 building (or for dding to or improving the present 0 -nual installments, and the interest thereon at school building) t _I@wood School to be paid in 5 . 20 4 - per cent paid annually. RESOLVED, That the application of th Cunty or City School Bad to th@ State Board of Education of Virginia for a loan of $@-500-@- from the Litemry Fund is hereby approved, and authority is hereby grantcd the said County or City School Board to borrow th@ said amount for the purpose set out in said application. The Board of Supervisors for sa:td County or Council of @aid City will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literaq Fund. I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors for the County of or the Council of the City of Clerk SEAL BOARD OF SUPERVISORS FOR THE COUNTY OF COUNCIL FOR THE CITY OF (3) ATTORNEY'S CERITFICATE OF TITLE Tnis is To CE;RTIFY that I, - -1 a qualified and competent attorney, or Attom.ey for the Commcynwealth fo - County or City, or the City or County Attomey for Be@ach have examined the title of the School Board or Governing Body of Cbunty or City, Virginia to that certain lot, parcel or tract of land re. ferred to in the attached application, and that the School Board of , or the Goveming Body of -., Beach has a fec simple title to said land, and the same is free from encumbrances, except as noted in attached summary. Executed this - day of Attorney, or Attomey for the Commonwealth for City or County Attorney for County or City CERTIFICATE OF THE CLERK OF COURT WHERFAS, the school board of the goveming body of - owns acres of real cstate in county or city of @ I Virginia, on whicli to erect the school building described in this application. The title deed to this propcrty is recordcd in the clerk's office for county, or city, in dced n@ b(>ok &@jfk 7Z@, @ bDok number page --, book number --, page ONE. That the title to the real estate has been examined and approved in writing by the attorney for the Commonwealthi the county or city attomey or other competcnt attorney and his report filed with the clerk of the court. Two. 'Mat the certificate of the attorney examining the title shows that the school board or the governing body of i has a good and sufficient title in fee simple to the real estate subjcct to thc (following) (-o) encumbrances (note encumbrances, if any). Given under my hand this the day of nineteen hundred and Clerk court of County or City SEAL THis APPLICATION has been reviewed and checked against ".Minimum Requirements and Standards for School Buddings." Date Associate Director of Energy& Facilities Services Attorney's Certificate of title and this application approved this, the day of 19- Attorney General of Virginia Approved by the State Board of Education, 19-- For Secretary State Board of Education (4) STATEMENT OF THE COUNTY OR CITY TREASURER 1. Assessed Value of Real and Pc,,onal Property, subjcct to taxation for county school purposcs at date of this report. Real Estate 4/@/9Q $ 15 273 650 954 Tangible Personal Property .4/.30/90 . .. ... $ 1 293 205 976 _ Public Serice Corporations 6.i3ol9o RE,.&. pp - Total 2. Income of the Countv or City for school purposes for current fiscal year: Co,int,- School Levy $- - FY,8@ $ 151 312 954 Cash Appropriations (local) CapiW Projects $ Total $ 152,064,089 3. lndebtedtiess of CountN, or City (including districts) for school purposes at date of this report: l,itei,,r,. l@-und Loatis $- Long-Te,-n, Bonds s- 1'eini)or;@rN? l,oati, $-- Tot.1 6/30/90 $- 108 3 7 4. Record of School Bonds Outstanding (not including Literary Fund Loans) Long-Te= School Bond,: (Please see at D,ite of Issue - - - - - -- Maturity Rate of Interest --O/@ I),ite of Issue Maturity Rate of Interest I)ate of Issue Maturity R-atc of Interest .5. Payment, for lndebtednes@ from school funds for current fiscal year: (Include those tobe paid before end of current year.) To l,iterir%l 1--und of \Iirginia, including Interest $ T,) Sinkiiig Funci f.i- Retirement of Long-Term Sch@l Bonds _14 57 687 I.ong-Teri@, Bonds paid, including Interest @l@otal 15,154,687 "I@emporai, l,oans Paid Total Indebtcdness I'aid 6/30/90 1 certif,. that the abo,,c is a true statement conceming the school funds for County or City for the year 11, 19 ccording to the records of my Treasurer Date for Vi Beacll County City (5) city of Virginia Be-h, VA School Bonds outstanding Bond Issue Maturity Rate of Issue Date Date Interest -------------------------- -------------- ---------- -------- ------ 1972-A school 09/01/72 09/01/92 5.094909% 1972-B school 66/01/73 06/01/94 4.905989% 1974 Public Improvement 11/01/74 11/01/92 5.8219% 1975 Public Improvement 12/01/75 12/01/95 6.1031% 1976 public Improvement 12/01/76 08/01/96 4.803472% 1977 Public Improvement 12/01/77 10/01/97 4.9517% 1978 public Improvement 12/01/78 io/oi/98 5.6296% 1979 Public Improvement 11/01/79 11/01/99 6.374941% 1980 public Improvement * 02/01/82 12/01/91 11.885% 1981 Public Improvement , 02/01/82 12/01/91 11.885% 1982 Public Improvement @@ 12/01/82 11/01/02 9.5333% 1984 Public Improvement 07/15/84 07/15/04 9.336614% 1985 Public Improvement 02/01/85 02/01/01 8.210425% 1985 Pub Impr. Refunding 11/15/85 12/01/97 7.577744% 1986 public Improvement 05/01/86 05/01/06 6.95958% 1986 Pub Impr..;Refunding 09/01/86 07/15/04 7.042% 1987 Public Improvement 05/15/87 05/01/07 7.016016% 1988-A Public Tmprovement 04/15/88 04/15/08 6.864797% 1989-A Public Improvement 10/01/89 10/01/09 6.95286% * A portion of this issue has been refunded (1985 Public Improvement Refunding Bonds, dated 11/15/85). ** A portion of this issue has been refunded (i986 Public Improvement Refunding Bonds, dated 09/01/86). - 20 - item VII-G.2. CONSENT AGENDA ITEM # 32846 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Resolution authorlzing the Virginia Beach Community Development Corporation AMEND its bylaws re number of voting members of the Corporation. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 Requested by Councilman Robert E. Fentress 2 3 4 RESOLUTION TO AUTHORIZE THE VIRGINIA 5 BEACH COMMUNITY DEVELOPMENT 6 CORPORATION To AMEND ITs BYLAWS 7 REGARDING THE NUMBER OF VOTING 8 MEMBERS OF THE CORPORATION 9 10 11 WHEREAS, on November 18, 1985, city council passed a 12 Resolution to approve the bylaws of the virginia Beach Community 13 Development Corporation; 14 WHEREAS, on January 6, 1986, pursuant to Article III, 15 Sections 1, 2, and 3 of said bylaws, City Council appointed seven 16 (7) directors and one (1) ex officio member with no voting powers 17 to the Virginia Beach community Development Corporation to serve 18 certain terms; 19 WHEREAS, the Virginia Beach Community Development 20 Corporation has requested City Council's consideration and 21 approval of its proposal to amend Article III, Sections 1, 2, and 22 3 of the bylaws by increasing the number of directors from seven 23 (7) to eleven (11), and by eliminating the membership designated 24 as "ex-officio"; 25 WHEREAS, the Virginia Beach Community Development 26 Corporation has also requested City Council's consideration and 27 approval of its proposal to amend Article IV, Sections 3 and 5 of 28 the bylaws to provide that six (6) members of the Board of 29 Directors shall be present to constitute a quorum for transaction 30 of business and that an affirmative vote of six (6) members of the 31 directors present at a meeting shall constitute an act of the 32 Board. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 That the virginia Beach Cormnunity Development 36 Corporation is hereby authorized to amend Article III, Sections 1, 37 2, and 3 of the bylaws by increasing the number of directors from 38 seven (7) to eleven (11), and by eliminating the membership 39 designated as "ex-officio" and to amend Article IV, Sections 3 and 40 5 of the bylaws to provide that six (6) members of the Board of 41 Directors shall be present to constitute a quorum for transaction 42 of business and that an affirmative vote of six (6) members of the 43 directors present at a meeting shall constitute an act of the 44 Board; and 45 That after the virginia Beach Community Development 46 corporation amends its bylaws to increase its membership to 47 eleven, City Council shall reaffirm the previous appointments and 48 terms of the seven (7) voting members presently serving on the 49 Virginia Beach Conununity Development Corporation, shall appoint 50 three (3) additional voting members to the Virginia Beach 51 community Development Corporation to four (4) year terms, and 52 shall appoint the present "ex-officio" member to the Virginia 53 Beach community Development Corporation as a voting member for the 54 duration of his present term. 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, this 21 day of May 1990. 57 58 59 DSH/awj 60 4/02/90 61 4/05/90 62 5/16/90 63 5/17/90 64 NONCODE\Cdc.Res 65 Ai NTENTS/ DEPARTMENT APPROVED @ TO LEGAL y 2 - 21 - item VII-G.3. CONSENT AGENDA ITEM # 32847 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, re bird sanctuary on the caml)us of Virginia Wesleyan College (Bayside Borou *This Item was incorrectly listed In the Formal Agenda as a bird sanctuary in North Thalia (Kempsville Borough) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None REQUESTED BY COUNCILMAN HEISCHOBER 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 5-31 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 BIRD SANCTUARIES - ESTABLISHED; 6 PURPOSE. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 5-31 of the Code of the City Of Virginia Beach, 10 virginia, is hereby amended and reordained to read as follows: 11 Section 5-31. Established; purpose. 12 The following described areas in the city are hereby declared 13 to be bird sanctuaries for the protection of all birds: 14 (1) North Thalia in Kempsville Borough: Beginning 15 at a point in the center of Thalia Creek on the 16 north side of U.S. Route 58 (Virginia Beach 17 Boulevard); thence in a northerly direction 18 following the center of Thalia Creek to the 19 merger of Thalia Creek, the western branch of 20 Lynnhaven River and Buchannan Creek; thence in 21 an easterly direction along the center of 22 Buchanan Creek (Lynnhaven and Kempsville 23 Borough line) to the northeast boundary of 24 Thalia Shores; thence in a southerly direction 25 along the Lynnhaven and Kempsville Borough line 26 to a point; thence along the borough line in 27 a westerly direction approximately twelve 28 hundred (1200) feet, more or less, to a point; 29 thence along the borough line in a southerly 30 direction to the north side of U.S.Route 58 31 (Virginia Beach Boulevard) and Route 1192 (West 32 Brook Road) ; thence in a westerly direction 33 along U.S. Route 58 to the point of beginning. 34 (2) Chesopian Colony in Lynnhaven Borough: 35 Beginning at a point in the center of Pine Tree 36 Branch on the north side of U.S. Route 58 37 (virginia Beach BoUlevard); thence in a 38 northerly direction following the center of 39 Pine Tree Branch to the merger of Pine Tree 40 Branch, the eastern branch of Lynnhaven River 41 and London ]3ridge Creek; thence in a 42 southeasterly direction along the center of 43 London Bridge Creek to U.S. Route 58 (Virginia 44 Beach Boulevard); thence along the north side 45 of U.S. Route 58 in a westerly direction to the 46 point of beginning. 47 (3) The subdivisions known as Kings Grant, Alanton, 48 Kings Forest, Malibu, Birchwood Gardens, 49 Lynnhaven Acres, Cape-Story-By-The-Sea, Bay 50 Island and Trantwood Shores in the Borough of 51 Lynnhaven and Nottingham Estates, Laurel Cove 52 and Aragona Village in Bayside Borough. 53 (4) All that certain area located in Lynnhaven 54 Borough, including, but not limited to those 55 subdivisions known as Wolfsnare Plantation, 56 Southern Points, Robin Hood Forest and Great 57 Neck Estates, and being more particularly 58 described as follows: Beginning at a point in 59 the center of Wolfsnare Creek on the western 60 side of Great Neck Road; thence in a westerly 61 direction following the center line of 62 Wolfsnare Creek to the merger of Wolfsnare 63 Creek and the eastern branch of the Lynnhaven 64 River; thence in a northerly direction along 65 the center line of the eastern branch of the 66 Lynnhaven River to the merger of the center 67 line of the eastern branch with Inlynnview Road 68 extended; thence, in an easterly direction and 69 running parallel to Robin Hood Road, down the 70 center of Inlynnview Road to the intersection 2 71 of Inlynnview Road and Five Points Road; thence 72 in a northerly direction, down the center of 73 Five Points Road to the point of intersection 74 of Five Points Road and Rose Hall Drive; thence 75 in an easterly direction, down the center of 76 Rose Hall Drive to the intersection of ROse 77 Hall Drive with Great Neck Road; thence in a 78 southerly direction and traveling along the 79 western right-of-way line of Great Neck Road 80 to the point of merger of the center line of 81 Wolfsnare Creek with the western right-of-way 82 line of Great Neck Road, said point being the 83 point of beginning. 84 (5) All that certain area bounded on the north by 85 Shore Drive, on the south by Long Creek, on the 86 west by Great Neck Road and on the east by the 87 subdivision known as Cape-Story-By-The-Sea. 88 (6) The subdivisions known as Lakeview Shores, Lake 89 Smith Terrace, Lake Smith Terrace-West, 90 Thoroughgood, Thoroughgood Estates, Lake 91 Shores, Bayville Park, Baylake Pines and 92 Baylake Beach in Bayside Borough. 93 (7) All that certain area located in Princess Anne 94 Borough being described as follows: From the 95 intersection of the center line of Hell Point 96 Creek and Tabernacle Creek to its intersection 97 with the center line of Muddy Creek to its 98 termination at North Bay, then northwardly 99 along the center line of Hell Point Creek to 100 the point of origin. 101 (8) The subdivisions known as Lake James, 102 Kempsville Heights, Point-of-View, Arrowhead, 103 Carolanne Farms, Huntington, Fairfield, 104 Kempsville manor, Kempsville Gardens, Lark 105 Downs, Larkspur, Kempsville Colony, Bellamy 3 106 Manor, Acredale, Reverton, Lakeville Estates, 107 Timberlake and Stratford Chase in KempSVille 108 Borough and Fawn Village at Indian Lake. 109 (9) All that certain area located in Princess Anne 110 Borough being described as follows: From the ill center line of North Landing Road easterly five 112 hundred (500) feet and westerly five hundred 113 (500) feet and running parallel to North 114 Landing Road from the south line of Indian 115 River Road to the Chesapeake City boundary 116 line on the Intercoastal Waterway. 117 (10) The subdivision known as Lago-Mar in Princess 118 Anne Borough. 119 (11) The subdivision known as Green Run in Princess 120 Anne Borough. 121 (12) The subdivisions known as Pembroke Meadows, 122 Pembroke Manor, Witchduck Point and Witchduck 123 Bay in Bayside Borough. 124 (13) The subdivision known as Lynnhaven Colony. 125 (14) All that certain area known as Beach Garden 126 Park in the Lynnhaven Borough of the city; said 127 area is located directly south of Laskin Road, 128 bounded on the west by Barberton Drive and on 129 the east by Holly Road running to 26th Street. 130 (15) All that certain area known as Chesapeake Beach 131 in the Bayside Borough of the city; said area 132 is bounded on the south by Shore Drive, bounded 133 on the north by Chesapeake Bay, bounded on the 134 west by Little Creek Amphibious Base, and 135 bounded on the east by the subdivision known 136 as Baylake Pines. 137 (16) All that certain area known as Princess Anne 138 Plaza in the Lynnhaven and Princess Anne 139 Boroughs of the city; said area is bounded on 140 the north by the Virginia Beach toll road, 4 141 bounded on the west by Rosemont Road, bounded 142 on the south by Holland Road and Lynnhaven 143 Parkway, and bounded on the east by Lynnhaven 144 Parkway. 145 (17) All that certain area known as Wolfsnare in the 146 Lynnhaven Borough of the city; said area is 147 bounded on the east by First Colonial Road, on 148 the north by the Northern Branch of Wolfsnare 149 Creek, on the west by Great Neck Road, and on 150 the south by the southern branch of Wolfsnare 151 Creek, Regency Apartments, and Laskin Road; to 152 include the subdivision of First Colonial 153 Estates, Camden Estates, Glouster Village, 154 Hilltop Manor, Wolfsnare Acres, Washington 155 Square and Woods of Washington Square. 156 (18) All that certain area known as Lake Placid in 157 the Princess Anne Borough. 158 (19) The subdivision known as Great Neck Point in 159 the Lynnhaven Borough. 160 (20) The subdivision known as Ballylinn Shores in 161 the Kempsville Borough. 162 (21) All that certain area known as Hunt Club Forest 163 in the Princess Anne Borough. 164 (22) All that certain area known as Pine Ridge in 165 the Princess Anne Borough. 166 (23) The subdivision known as Kenstock in the 167 Lynnhaven Borough. 168 (24) All that certain area known as the campus of vir@ia 169 Weslyan College in the Bayside Borough. 170 Adopted by the Council of the City of Virginia Beach, Virginia 171 on the 21st day of May 1990. 172 RMB/Ccm 173 05/08-90 174 CA-3742 175 \ordin\proposed\05-031.pro 5 - 22 - Item VII-G.4. CONSENT AGENDA ITEM # 32848 Upon motion by Vice Mayor Fen tress, seconded by Counci I man Bal ko, C!ty Counci I ADOPTED: Ordinance to AMEND and REORDAIN Section 21-272 ot the Code of the City of Virginia Beach, Virginia, re driver's license requirements. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FD AS TO CONTEWS E ENT APPROVED@S TO LEGAL su RM I kN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 21-272 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 DRIVER'S LICENSE REQUIRED 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 21-272 of the Code of the City of Virginia 9 Beach, Virginia, is hereby amended and reordained to read as 10 follows: 11 Section 21-272. Driver's license required. 12 (a) No person, except those expressly exempted in sections 13 46.2-303 through 46.-1 356 46.2-309 of the code of 14 Virginia, shall drive any motor vehicle on any highway in this 15 city (1) until such person shall have ebtai:ned eith 16 eperatee's er ehaafteur's ileense feem the state has applied for 17 a Virginia driver's license, satisfactorilv idassed the examination 18 for same, and obtained a driv license- @ nor (2) unless such 19 license issaed te sdeh pp--vR-R-n is valid. 20 (b) A conviction of a violation of this section 21 shall constitute a class two (2) misdemeanor. the penalty 22 impesed shall be - ----- 23 sabseqaent eenvietien ef- a v ihieh Beeend 24 effense Bhall have eeeur-r-ed 1/2ii:thd:n eRe year- ef- a f-j:r- 25 the penalty sliall be impE!seRment in jail fer net 1 26 (10) days iier- Faer-e than Bi:ii (6) menthr. and, j: the 27 yie-later- may 28 neE meee than five hundeed dellafs ($500.00). 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia on the 21 day of May 1990. 31 WEB/ccm/dga 32 03 /14/ 90 33 04/09/90 34 05/03/90 35 CA-03708 36 \ordin\proposed\21-272.pro - 23 - item VII-G.5. CONSENT AGENDA ITEM # 32849 Upon motion by Vice Mayor Fentress, seconded by Counci lman Balko, City Counci I ADOPTED: ordinance to AMEND and REORDAIN Section 31-66 of the Code of the City of Virginia Beach, Virginia, re refuse delivery vehicles. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wliliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Ma 21 1990 I . I I " @ I APPROVEL) AS TO CONTENTS P,xbiic Wooelc-.r 'C, G L I AN ORDINANCE TO AMEND AND AND FO@'ZM 2 REORDAIN SECTION 31-66 OF THE 3 CODE OF THE CITY OF VIRGINIA CITY ATTORNEY 4 BEACH, VIRGINIA, PERTAINING TO 5 REFUSE DELIVERY VEHICLES. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That section 31-66 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 31-66. Delivery vehicles to conform to section 11 21-129 12 Every vehicle used to deliver material to a city refuse 13 disposal area shall conform to the requirements of section 21 298 14 21-129 of this Code, so that the contents of such vehicle do not 15 escape therefrom. A person operating a vehicle which does not 16 conform to such section shall be allowed access to such area only 17 after he is issued a notice of, or summons for, a violation of 18 section 21 208 21-129 of this Code. 19 Adopted by the Council of the City of Virginia Beach, 20 virginia on the 21st day of 1990. 21 WEB/ccm/dga 22 12/05/89 23 4/17/90 24 CA-03557 25 \ordin\proposed\31-066.pro - 24 - item VII-G.6- CONSENT AGENDA ITEM # 32850 Mol ly Brown, 2232 Sand pi perroad, Phone: 721-501 1, Presl dent of Fr!end s of Back Bay, reglstered in OPPOSITION. Tony Leger, Refuge Manager - Back Bay NatIonal Wi I diife Retug e, adv i sed U.S. Fl sh and W 1 1 d IIfe Serv ice is in the process of acquiring properties In the area of expansion. Michael Arthur Rorer, 3012, Beaver Drlve, Phone: 431-8817, suggested a Committee be appointed to confer with the Federal representatives. Upon motlon by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance authorizing acquisition of property in fee simple for right-of-way for Ferrell Parkway from El Camino Real Drive to Sandbridge Beach, elther by agreement or condemnation. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR FERRELL PARKWAY FROM EL CAMINO REAL DRIVE TO SANDBRIDGE BEACH, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach; WHEREAS, the United States Department of the Interior Fish and Wildlife Service has recommended that the city of virginia Beach acquire the needed rights-of -way before the Service purchases the lands over which Ferrell Parkway would pass; WHEREAS, in the Fish and wildlife Service's Land Protection Plan, Back Bay National Wildlife Refuge, Virginia Beach, Virginia dated February 1990 nearly all needed rights-of-way to construct said road or parkway, including the City's existing easement, are listed as Priority One for acquisition by the Department of Interior Fish and Wildlife Service; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to negotiate with property owners to acquire by purchase all that certain real property in fee simple, which is to be shown by proper survey(s) showing the necessary right-of-way under environmental guidelines and mandates for Ferrell Parkway (dash marked) from El Camino Real Drive to Sandbridge Beach. Section 2. That the City Attorney is hereby authorized to make or caused to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attclrney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on this 21 day of May 1990. JCL/trg 05/15/90 SANDBRDG.OR NT APPPOVED AS TPLEGAL' F,ORM - 25 - item VII-G.7- CONSENT AGENDA ITEM # 32851 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: ordinance authorizing the City Manager and City Clerk to execute a Utillty Service Agreement between the City of Virginia Beach, the City of Chesapeake, and Tangle Pines, Inc., whereby Chesapeake will provide water and sewer services to Lots I through 6, Tangle Pines Subdivision (Kempsville Borough). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None 1 Requested by: The Department of Public Utilities 2 AN ORDINANCE AUTHORIZING THE CITY 3 MANAGER AND CITY CLERK TO EXECUTE 4 A UTILITY SERVICE AGREEMENT BETWEEN 5 THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THE CITY OF CHESAPEAKE, 7 VIRGINIA, AND TANGLE PINES, INC., 8 VIRGINIA GENERAL PARTNERSHIP, 9 WHEREBY CHESAPEAKE WILL PROVIDE 10 WATER AND SEWER SERVICES TO LOTS 11 1 THROUGH 6, TANGLE PINES 12 SUBDIVISION, KEMPSVILLE BOROUGH, 13 VIRGINIA BEACH, VIRGINIA. 14 BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA: 15 WHEREAS, pursuant to Section 15.1-305, code of 16 Virginia, 1950 as amended, agreements concerning the acquisition, 17 construction, maintenance and operation of any project are is authorized by the General Assembly of Virginia between two or more 19 cities of this state; and 20 WHEREAS, Tangle Pines, Inc. , a virginia General 21 Partnership, is developing a residential development known as 22 Tangle Pines; and, 23 WHEREAS, the Development is located within the 24 municipal boundaries of Virginia Beach, generally described as 25 being approximately a 2.76 acre portion of proposed Tangle Pines 26 Lots 1-6 as generally located on the attached locality map, 27 entitled "Exhibit All; and, 28 WHEREAS, Virginia Beach desires for the lots 29 located within its boundaries to be served by municipal sewer and 30 water service but does not have facilities available to provide 31 service to them; and 32 WHEREAS, Tangle Pines, Inc. intends to complete 33 design and installation of the necessary sewage collection 34 facilities and potable water distribution facilities within the 35 Development needed to serve the lots located in Virginia Beach and 36 dedicate the same to Chesapeake; and, 37 WHEREAS, Chesapeake desires to cooperate with Virginia 38 Beach in furnishing these services to those lots located in the 39 Virginia Beach portion of the Development. 40 NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 That the attached Utility Service Agreement is hereby 43 approved and Aubrey V. Watts, Jr., City Manager of the City of 44 Virginia Beach, be and hereby is authorized and directed to sign 45 and execute on behalf of the City of Virginia Beach the agreement 46 attached hereto and made apart hereof; and, Ruth Hodges Smith, City 47 Clerk, be and hereby is authorized to witness the signature of said 48 City Manager and to affix the official seal of the City of Virginia 49 Beach on said agreement. 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia this 21 day of May 19 90. 52 LHM:ip 53 JAS:cm 54 3/29/90 55 4/02/90 A,@ 56 CA-3703 57 ordin/noncode/tpine.ord DEPARTMENT APPROVED AS TO LEGAL SU,@FiCiENCY A@,'D @',R.M IITI ATI@"@' 2 TANGLE PINES UTILITY SERVICE AGREEMENT THIS AGREEMENT, made this_ day of 19 by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the State of Virginia, hereinafter referred to as "Virginia Beach", and the CITY OF CHESAPEAKE, a municipal corporation of the State of Virginia, hereinafter referred to as "Chesapeake", and TANGLE PINES, INC. a Virginia general partnership, and its assigns, hereinafter referred to as "Tangle Pines, Inc." WITNESSETH: WHEREAS, Tangle Pines, Inc. is developing a residential develop- ment known as Tangle Pines (hereinafter referred to as "Development"), which lies within the political boundaries of Virginia Beach, and WHEREAS, Virginia Beach desires for the lots located within its boundaries to be served by municipal sewer and water service but does not have facilities available to provide service to them; and WHERFAS, Tangle Pines, Inc. intends to complete design and installation of the necessary sewage collection facilities and potable water distribution facilities within the Development needed to serve the lots located in Virginia Beach and dedicate the same to Chesa- peake, and WHEREAS, Chesapeake desires to cooperate with Virginia Beach in furnishing these services to those lots located in the Virginia Beach portion of the Development. NOW, THEREFORE, this Agreement witnesseth: That for and in consideration of the premises and mutual agree- ments herein contained, Chesapeake, Virginia Beach and Tangle Pines, Inc. do hereby agree as follows: 1. The water and sewer services to be provided by Chesapeake in Virginia Beach pursuant to this Agreement are limited to that area of the Development located within the municipal boundaries of Virginia Beach, generally described as an approximate 2.76 acre portion of proposed Tangle Pines Lots 1-6 as-generally located on the attached locality map, entitled "Exhibit A". it is specifically agreed that this Agreement relates to provision of water and sewer service only and that all other municipal services will be provided to the subject area by Virginia Beach, provided, however, that maintenance and testing of fire hydrants in the subject area shall be performed by the City of Chesapeake which shall have the responsibility for first call therein. 2. Tangle Pines, Inc. and Virginia Beach acknowledge that Chesapeake is under no legal obliga'tion to service this or any other area located outside its boundaries except under the terms hereof. Tangle Pines, Inc. shall be responsible for obtaining compliance with all applicable ordinances pertaining to the development of the subject property in the particular city where each portion of the Development is located. 3. Tangle Pines, Inc. shall design and cause to be installed, through its agent, the specific sewage collection and water distribu- tion facilities for the referenced areas in accordance with the standards and specifications of the Chesapeake Department of Public Utilities and construction plans reviewed by City of Chesapeake and Virginia Beach and further agrees to dedicate said facilities and necessary easements upon completion to Chesapeake. Tangle Pines, Inc. shall hold harmless, defend and indemnify Chesapeake and Virginia Beach from any damages, costs or claims arising out of negligent or defective design or installation of the water and sewer facilities serving the Development. 4. Chesapeake and Virginia Beach agree that upon approval and acceptance of the sewage collection and water distribution facilities by Chesapeake, such facilities shall become part of the Ghesapeake Public Utility System, and Chesapeake shall have the right to provide water and sewer service to the subject area in Virginia Beacb. Approval and acceptance of the sewage collection and water distribu- tion facilities shall be made in accordance with all regulations contained within Chapter 25 and Chapter 28 of the Chesapeake City Code. Virginia Beach and Tangle Pines, Inc. further agree -2- that the provisions of the Code of the City of Chesapeake governing water and sewer services and the fees relating thereto shall be in full force and effect in that portion of the City of Virginia Beach where service is so provided. 5. Chesapeake shall have perpetual access within Virginia Beach streets, easements aiid rights-of-way as necessary for m@qintenance of the specified Tangle Pines sewage collection and water distribution facilities. Chesapeake will return such easements and rights-of-way to their original condition after any maintenance or improvements and will hold Virginia Beach harmless for any damages done within said easements and rights-of-way as a result of specific maintenance or improvement activity by Chesapeake. In the event Chesapeake finds it necessary to acquire any property rights within Virginia Beacli, including, but not limited to, easements of rights-of-way, for the purpose of maintainin-@ the water and sewer facilities serving the Development, such prc)perty rights shall be taken in the name of the City of Chesapeake, Virginia. Chesapeake shall be responsible for reasonable costs associated with the acquisition of said property rights; provided that, however, Virginia Beach shall assist Chesapeake in such acquisition in any manner necessary, including the filing of petitions for condemnatioii under Virginia Eminent Domain statutes and pursuin-- those matters in the appropriate courts. Where property rights are acquired by Virginia Beach throtigh condemnation proceedings, Virginia Beach shall convey the property interest to Chesapeake at a purchase price not to exceed the cost of said property interest, and any and all expenses incurred during the eminent domain proceedings, including, but not limited to, non-city attorney's fees, fi-ling fees, appraisal fees and title search costs. In any case where it may be necessary for Chesapeake to obtain a permit from Virgi-nia Beach for the performance of any activity related to the operation of the said water and sewer facilities, Virginia Beach agrees to expedite to the greatest extent possible the permit application process. 6. Chesapeake agrees that, fipon installation of taps and meters, it will sell water to and accept sewer flow from the residents of the specified area; provided, however, that any agreement to provide water service is specifically contingent upon the continued consent of the City of Norfolk, pursuant to the 1965 Water Purchase Agreement between Norfolk and Chesapeake, as amended. Virginia Beach hereby authorizes Chesapeake to collect from the residents of the Development receiving such services all normal and standard Chesapeake sewer and water fees, including but not limited to, connection fees, disconnection fees, utility service charges and late payment fees. IN WITNESS WHEREOF, Chesapeake has caused this Agreement to be signed in its name and on its behalf by James W. Rein, City Manager, and its corporate seal to be hereto affixed and attested by its City Clerk, pursuant to ordinance adopted by its City Council on the day of , 1989; and Virginia Beach has caused this Agreement to be signed on its behalf by Aubrey V. Watts, Jr., City Manager, and its corporate seal to be affixed and attested by its City Clerk, pursuant to ordinance adopted by its City Council on the day of , 1989; and Tangle Pines, Inc. has caused this Agreement to be signed in its name and on its behalf by Ram L. Gowda, President, on the - day of 1989. CITY OF CHESAPEAKE, VIRGINIA By: City Manager ATTEST: City Clerk CITY OF VIRGINIA BEACH, VIRGINIA Manager ATTEST: City Clerk TANGLE PINES, INC. By: Ram L. Gowda, President -4- STATE OF VIRGINIA CITY OF CHESAPEAKE, to-wit: The foregoing instrument bearing date of 1989, was acknowledged before me this day of 1989, by , City Manager and City Clerk respectively, of the City of Chesapeake, Virginia. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BF-ACH, to-wit: The foregoing instrument bearing date of 1989, was acknowledged before me this day of 1989, by , City Manager and City Clerk respectively, of the City of Virginia Beach, Virginia. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument bearing date of 1989, was acknowledged before me this day of 1989, b President of Tangle Pines, Inc. Notary Public My corninission expires: -5- BRANCH OF EASTERN BRANCH OF ELIZABET@ RIVER 150.24' -i7oF-OF- BANK z VII M-0 m 0 r:E ro I mto ZM 0 -io -NO -M NO z > .n m -PROPOSED 50' RIW ILn m 0 1 m w 0 :e z m m )> z m AN ORDINANCE A M ORIZING THE CITY HANAGER AND CITY CLERK TO EXECUTE A UTIL17Y SERVICE AGREEMENT BETWEEN THE CITY OF CHESAPEAKE, THE CITY OF VIRGINIA BEACH AND TANGLE FINES, INC. WliBREBY CHESAPEAKE WILL PROVIDE WATER AND SEWER SERVICES TO A RESIDENTIAL DEVELOPMENT KNOWN AS "TANGLP- PINES" LYING WITIIIN THE BOUNDARIES OF VIRGINIA BEACH, BE IT ORDAI.NED by the Council of tlie C4ty of Chesapeake. Virgiiiia, that the City Manager and the City. Clerk are Lereby authorized to exccuto a utility service agreement between the City of Chesapeake, the City of Virginia Beach and Tangle Pines, Inc, as follows: WHF,RF.AS, Tangle Pines, Inc, is developirig a residential community known as "Tangle Pines" which lies within the political botmdaries of the City of Virginia Beach; and WHER@ , tlie residential development known as "Tangle Pines" is without water and sewer services; and WHERF.AS, Virginia Beach does not currently have tlie facilities to provide such sorvices; and WHERFAS, Chesapeake Is willing and prepared to provide such water and sewer services to said development; and WHEREAS, Tangle Plues, Inc. is willing to design and install necessary water and sewage facilities and dedicate same to Chesapeake. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Chesapeake, Virginia, that the City Manager and the City Clark are hereby authorized to execut6 a utility service agreement between the City of Chesapeake, the City of Virginia Beach and Tangle Fines, Inc., a copy of which said agreeinent is attached, whereby the City of Chesapeake will provide water atid sewer services to the "Tangle Fines" residential development, as shown on the attached locality map, within the City of Virginia Beach. ADOPTED by the Council of the City of Chesapeake, Virginia, this 27th day of MarL:b 1990, Mayor 'lly Attotn@y,s Office - 26 - Item VII-G.8. CONSENT AGENDA ITEM # 32852 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance declaring excess property at the Northeast corner of Lynnhaven Parkway and Southern Boulevard; and, authorizing the City Manager to dispose of same. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 Requested by Department of Real Estate/Public works 2 3 AN ORDINANCE DECLARING 4 CERTAIN PROPERTY EXCESS 5 AND AUTHORIZING THE CITY 6 MANAGER TO DISPOSE OF 7 SAME. 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 WHEREAS, the City of Virginia Beach acquired ownership 12 of the following described property by deed recorded in Deed Book 13 1546, at page 436; and 14 WHEREAS, the City Council is of the opinion that the 15 following described property is in excess of the needs of the City 16 of Virginia Beach. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA; 19 1. That the following described property is hereby 20 declared to be in excess of the needs of the City of Virginia 21 Beach and that the City Manager is authorized to convey said 22 property in the manner he deems in the best interests of the City 23 of Virginia Beach reserving therein any and all easements 24 pertaining thereto, and further that such property be declared in 25 excess of the needs of the City and is more particularly described 26 as follows: 27 All that certain lot, piece or 28 parcel of land situate in the 29 Lynnhaven Borough of the City of 30 Virginia Beach, Virginia, and being 31 designated as "AREA = 0.1848 AC." on 32 that certain plat entitled "PLAT OF 33 PROPERTY TO BE ACQUIRED FOR 34 LYNNHAVEN PARKWAY PHASE II VIRGINIA 35 BEACH, VIRGINIA FROM W. R. PAYNE, 36 JR.," which plat is recorded in 37 Clerk's office of the Circuit Court 38 of the City of Virginia Beach, 39 Virginia in Map Book 113, at page 4. 40 description. 41 42 2. Any building site created shall connect to public 43 water and sewer where available. 44 3. This ordinance shall be effective from the date of 45 its adoption. 46 47 Adopted by the Council of the City of virginia Beach, 48 Virginia, on the 21 day of May 19 90 49 EEF: kg 5 0 5-14-90 5 1 CA-3669 52 (excess property\noncode.ord) 1 Nine (9) affirmative votes of Council are required for passage of this Ordinance. APPROVED AS TO CONTENTS AS TO ICIENC) Signature Department 2 PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Wesley D. Payne, by counsel, respectfully represents as follows: 1 . That Petitioner applies to the Mayor and the Council of the City of Virginia Beach, Virginia, for an ordinance declaring the hereinafter described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey the property to the Petitioner upon payment of fair market value as determined by qualified appraisal. 2. That your Petitioner owns the property contiguous to the hereinafter described property and is the only property owner contiguous to said site. And that further the hereinafter described property has no utility unless joined to the contiguous property of Petitioner. 3. The property your Petit4-oner is asking to be declared in excess of the needs of the City of Virginia Beach so that he may purchase same is hereby described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and being designated as "AREA = 0.1848AC." on that certain plat entitled "PLAT OF PROPERTY TO ACQUIRED FOR LYNNHAVEN GUY. CROMWELL, BETZ PARKWAY, PHASE II, VIRGINIA BEACH, VIRGINIA, FROM & SYKES. P.C. W.R. PAYNE, JR.", and which said plat is duly @TTO.EY@ @T L@. recorded in the Clerk's office of the Ci.rcuit Court of the City of Virginia Beach, Virginia, in Map Book 113, at page 4. 4. That no inconvenience will result to any person or property owner by -reason of the sale of the hereinabove described Property. WHEREFORE, your Petitioner prays that the mayor and City Council of the City of Virginia Beach, virginia, declare the hereinabove described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey same to your Petitioner upon payment to the City of virginia Beach, for the fair market value of said property as determined by qualified appraisal. Respectfully submitted, Wesley D. Payne Bv Robert B. Cromwell, Jr. GUY, CROMWELL, BETZ & SYKES Attorneys at Law Pembroke One - The Fifth Floor Virginia Beach, Virginia 23462 (804) 499-8971 0509b GUY. CROMWELL. BETZ & SYKES. PC All.R.IYS @l l@@ 2 THIS DEED, Made this - day of 1989, by and between the City of Virginia Beach, a Virginia municipal corporation, party of the first part, and Wesley D. Payne, party of the second part, whose mailing address is 508 Sandy Valley Court, Virginia Beach, Virginia 23452 W I T N E S S E T H: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of which ic hereby acknowledged, the said party of the first part does hereby grant and convey with SPECIAL WARRANTY unto the said party of the second part, Wesley D. Payne, the following described property, to-wit: ALL THAT CERTAIN lot, piece or parcel of land situate in the Lynnhaven Borouqh of the City of Virginia Beach, Virginia, and being designated as "AREA = 0.1848AC." on that certain plat entitled "PLAT OF PRO ERTY TO ACQUIRED FOR LYNNHAVEN PARKWAY, PHASE II, VIRGINIA BEACH, VIRGINIA, FROM W.R. PAYNE, JR.", and which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 113, at page 4. IT BEING a part of the same property conveyed to Grantor herein by deed f rom W. R. Payne , Jr. , et ux, dated October 7 , 1976 , and 's Office 4,-. nccl Bock 1606, at recorded in the aforesaid Clet-k page 634. This conveyance is made subject to conditions, restrictions, easements and reservations of record, if any, affecting the aforesaid GUY. CROMWELL. SM property and constituting constructive notice. & SYKES. PC @10.@EYS T L@@ GPIN # 1497 54 6254 WITNESS the following signature and seal: CITY OF VIRGINIA BEACH, a Virginia municipal corporation By: Aubrey a s, Jr., City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 1 198 , by Aubrey V. Watts, Jr. , City Manager of the City of Virginia Beach, a Virginia municipal corporation, on behalf of said municipal corporation. Notary Public My commission expires: GUY. CROMWELL. BETZ & SYKES. PC. .10-EIS @T l@W 2 APPROVED: DATE: DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA SIGNED: DATE: S@@. R@ SUPERINTENDENT OF SURVEYS and MAPPING, CITY OF VIRGINIA BEACH, VIRG)NIA DENOTES TRAFFIC CONTROL EASEMENT ACQUIRED AREA @ 285 @q ft NOTE: THIS PLAT IS INTENDED FOt? ACQUISITION ONLY o@d CONSTITUTE A BOUNDARY SURVEY. OR FORMERLY VIRGINIA BEACH 124 p, 41 34 p 572 3'TRAFFIC CONTROL EASEMENT 13 NOW OR FORMERLY zw NOW OR FORMERLY W. R. PAYNE @-I -JULIAN a VELTA McDANIELS M,B 113 p@4 6 M,B. 18 P.51 D.B. 1606 p.632 -0 (m o' W@B 45 p 320 SOUTHERN (24'RIW) BLVD. CURVE TABLE i 040-26'-15" 1172.il 90.82, 04@-52'-id' ii69 V Ci7'Y- IPZdl7- _511,4AII@ 14'44,111,fa @,y CITY OF VIRGINIA BEACH FROM W R. PAYNE BOROUGH VIRGINIA BEACH,VIRGINIA BUREAU OF SURVEYS Ond MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH,VIRGINIA - 27 - Item VII-G.9. CONSENT AGENDA ITEM # 32853 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance applying for Community Development Block Grant Funds for the Sixteenth Program year. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Requested by: The Department of Housing and Neighborhood Preservation AN ORDINANCE TO APPLY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE SIXTEENTH PROGRAM YEAR WHEREAS, the United States Congress has established legislation designated as the Housing and Community Development Act of 1974 setting forth as a national goal the development of viable urban communities; and WHEREAS, there is federal assistance available for the support of Community Developmen t and Housing activities directed toward specific objectives such as the elimination of deteriorated conditions in low and moderate income neighborhoods; the elimination of conditions which are detrimental to health, safety and welfare; the conservation and expansion of the Nation's housing stock; the expansion and improvement of the quantity and quality of community services; and other related activities; and WHEREAS, the City of Virginia Beach has developed a multi-year Community Development Program and has structured the necessary mechanisms for implementation in compiiance with federal and local directives; and WHEREAS, the City of Virginia Beach is in the process of implemeniing this program and desires to initiate an application for the Sixteenth Year funding (1990-1991) in the amount of $2,188,667 which includes projected income of $78,667. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to cause such information or materials, as may be necessary, to be provided to the Department of Housing and Urban Development to permit the review, approval, and funding of the City's Sixteenth Year Entitlement Grant application. AND BE IT ORDAINED, that the Council of the City of Virginia Beach gives its assurance that the intent of the Act will be complied with in full. Adopted by the Council of the City of Virginia Beach, Virginia on this 21 day of May 1990. APPROVED AS TO CONTENT: APPROVED AS TO F IV. ey r Nei!ihborhood Preservation STATEMENT OF OBJECTIVES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Virginia Beach adopts the following Community Development objectives which shall be utilized to enhance the overall quality of life within the city. Specifically, Title 1 of the Community Development Act of 1974 will be used to promote the following objectives: 1. To promote housing opportunities and to improve the quality and quantity of housing for the city's low and moderate income, and elderly and handicapped persons. 2. To stimulate the revitalization of the 9 target neighborhoods. 3. To eliminate hazards to the health, safety and welfare of target neighborhood residents by the construction of water/sewer lines and street/drainage improvements. 4. To upgrade the City's substandard housing stock by providing financial assistance for housing rehabilitation and replacement housing, to low and moderate income households. CITY OF VIRGINIA BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED FINAL STATEMENT OF OBJECTIVES AND USE OF FUNDS FOR THE 16TH PROGRAM YEAR Displacement Statement: The City of Virginia Beach has adopted a Displacement Policy which complies with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. This policy insures that families and individuals who are displaced by activities under a HUD assisted program shall have full opportunity to occupy comparable replacement housing that is within their financial means and adequate to their needs; that is reasonably.accessible to their places of employment or potential employment, transportation, and other commercial and public facilities, and that is available on a nondiscriminatory basis. Also, the policy insures that arrangements shall be made to provide relocation assistance in accordance with the needs of those to be displaced, including counseling, guidance, assistance and referrals, and it further insures that displacement will be minimized wherever possible. A copy of the Displacement Policy Statement, which includes a Policy to Minimize Displacement and a Policy for Assisting Displacees, is available at the Department of Housing and Neighborhood Preservation, Princess Anne Executive Park, Building #5, Municipal Center, Virginia Beach, Virginia 23456 and at all public libraries. Estimated Funding: 16th Year Commilnity Development Block Grant: $2,110,000.00 Estimated Program Income: 78,667.00 TOTAL 16TH YEAR FUNDING $2,188,667.00 Estimate of the amount to benefit low and moderate income persons $2,089,216 CITY OF VIRGINIA BEACH 16TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROPOSED FINAL STATEMENT OF OBJECTIVES - 1990-1991 A. Seatack Streets Phase IIB - Street and Drainage $337,000 Project. Additional $161,295 in local funds to be provided. 1. Construction of street improvements with piped drainage improvements. 2. National Objective: Benefit to low and moderate income persons. 3. Census tract 442. B. Housing Rehabilitation. $168,000 1. Provision of low interest loans and grants to assist low and moderate income residents to rehabilitate their homes. Approximately $25,000 of this amount will be used Citywide for housing repair emergency cases. 2. National Objective: Benefit to low and moderate income persons ' 3. Census tracts: Atlantic Park (448.02), Burton Station (402) Gracetown (414), Lake Smith (404), Mill Dam (430.02) and (444), Newsome Farm (406), Queen City (462.01), Reedtown (414) and Seatack (442), and Citywide C. Replacement Housing/Relocation Grants. $225,000 1. This program provides replacement housing grants and relocation assistance to persons who are displaced from their homes by code enforcement and neighborhood revitalization activities. 2. National Objective: Benefit to low and moderate income persons. 3. Census tracts: Atlantic Park (448.02), Burton Station (402), Gracetown (414), Lake Smith (404), Mill Dam (430.02) and (444), Newsome Farm (406), Queen City (462.01), Reedtown (414) and Seatack (442). D. Replacement Housing Loans. $236,327 1. This program provides loans to displaced -persons/families who cannot finance replacement housing by any other means. 2. National Objective: Benefit to low and moderate income persons. 3. Census tracts: Atlantic Park (448.02), Gracetown (414), Lake Smith (404), Mill Dam (430.02) and (444), Newsome Farm (406), Queen City (462.01), Reedtown (414) and Seatack (442). E. Code Enforcement/Demolition $ 75,000 1. Demolition of unsafe structures and clearance of debris. 2. National objective: Elimination of slums and blight. 3. Census tracts: Atlantic Park (448.02), Burton Station (402), Gracetown (414), Lake Smith (404), Mill Dam (430-02) and (444), Newsome Farm (406), Queen City (462-01), Reedtown (414) and Seatack (442). F. Housing Counseling/Intake. $155,772 1. This program will assist elderly, handicapped and low and moderate income persons/families to obtain decent, safe and affordable housing through financial assistance programs, homesharing and home maintenance and housing counseling. 2. National Objective; Benefit to low and moderate in,o,e persons. 3. Citywide. G. Housing Programs Implementation. $275,561 1. Program Implementation costs for the Housing Construction Programs. Includes funds for staff and operating costs for the CDBG, Rental Rehabilitation, and State single family, multi-family and emergency rehabilitation programs to benefit low and moderate income persons citywide. 2. National Objective: benefit to low and moderate income persons 3. Citywide H. Black Heritage Celebration Activities. $ 4,000 1. Cultural activities designed to inform all residents of the contributions of blacks to history and to the Virginia Beach community. 2. National Objective: Benefit to low and moderate income persons. I. General Management and Oversight. $396,748 Planning, management, oversight and indirect administrative costs of the Community Development Block Grant program. J. Section 8 Program Adminlstration. $ 40,894 Additional administrative funds for operation of this rent subsidy program are to be received from the Virginia Housing Development Authority.