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HomeMy WebLinkAboutNOVEMBER 6, 1989 @it@ C>f 13@ka@ta "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MEYE@ E. OBEM@U, @l IICE M.YOR ROWRT E. PEN7'@, I,,@. @h @@h -@T W @0, I,.I- J.@, .. --, -.@ @,@ -RO@ HE]WHOMR, A, S, MX-M, JO.N , @, K-,i. 1-@ K, l@R, @l L-, JOHN L PEMY, @,@ @@@ W-, JR., A, 281 CffY HALL BUILDING MUNICIPAL CENTER AUBn@ V -M@ JR, @iq CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 W2 - -, @i@ Al@ (804) 427-4303 November 6, 1989 ITEM 1. COUNCIL WORKSHOP - Conference Room - 11:00 AM A. CAPITAL IMPROVEMENT PROGRAM - FY 1989-90/1993-94 ITEM It. CITY MANAGER'S BRIEFING - Conference Room - 12: NOON A. REGIONAL PROPOSALS FOR FINANCING OPTIONS FOR HIG@AYS Arthur Collins, Executive Director Southeastern Virginia Planning District Commission ITEM Ill. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM A. CITY COUNCIL CONCERNS ITEM IV. 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 V. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend Ernest G. Roebuck Calvary 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 - October 30, 1989 2. AMEND FORMAL SESSION - October 23, 1989 CONDITION #3, ITEM #31924, PAGE 34, Application of Travis W. Halstead, Jr. and Cyd L. Halstead F. RESOLUTIONS/ORDINANCE 1. Resolution directing the Planning commission to consider and make recommendation to the City Councli concerning amendments to the City Zoning Ordinance re B-3 Central Business District. 2. CENTRAL BUSINESS DISTRICT: a. Resolution requesting endorsement of the proposed Concept Plan; and, the creation of the Virginia Beach Central Business District Commission. b. Ordinance, upon FIRST READING, to APPROPRIATE $150,000 frorn Fund Balance for the development of a Master Plan. G. CONSENT AGENDA Al I matters II sted under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the C<)nsent Agenda, It will be discussed and voted upon separately. 1. Ordinance authorizing the City %nager to execute an attornment agreeinent regarding parcel leased to Bonney's Corner Associates. 2. Ordinance to TRANSFER $43,342 within the Library Department's FY1989-1990 Operating Budget for additional temporary salaries to expedite the processing of books for the Central Library. 3. Ordinance to TRANSFER $33,000 from the Mass Transit Operations Budget to the Mental Health/Mental Retardation and Substance Abuse Fund for transportation services to mentally handicapped citizens. 4. Ordinance to authorize a temporary encroachment Into a portion ot the City's property known as the variable width strip around City owned lake at the East end of Cleveland Street adjacent to Route 44 to Koger Properties, Inc., a Florida corporation qualified to do business in the Commonwealth of Virginla, Its assigns and successors In title. 5. CORRECTION CENTER ADDITION- a. Ordinance to TRANSFER $150,000 from Proj ect #3-987 Pendleton/Courthouse School Bullding to Project #3-967 Correction Center Addition; and, authorize the City Manager to enter Into a construction contract. b. LOW BID: KJELLSTROM AND LEE, INC. Base Bid $8,260,000 (CIP 3-967) Alternate Bid 1,404,000 Total Bid $9,664,000 6. BOARDWALK AND CONNECTOR PARK PROJECT, PHASE til NORTH - Thirty-Third to Thirty-Eighth Streets: a. CONRAD BROTHERS CONSTRUCTION, INC. Low Bid $849,500.00 (CIP 2-048/2-066) b. Other related document for transfer of funds. 7. LOW BIDS: a. VICO CONSTRUCTION Landstown Suction Main $866,876.45 CORPORATION (CIP 5-713) b. NORTH LANDING LINE Resort Streetscape- $622,220.34 CONSTRL)CTION CO. Virginia Power C<)ndult Section 11, Phase I (CIP 2-049) c. CHESAPEAKE BAY City Gateway Project $442,981.30 CONTRACTORS Road Improvements Project (2-054) d. ASPHALT ROADS & 1989-90 Bituminous $465,586.50 MATERIALS CO., INC. Concrete Schedule for Completed Utility Projects - Contract Ill 8. Ordinance authorizing license refunds in the amount of $21,542.47. H. UNFINISHED BUSINESS 1. NEW BUSINESS 1. Interim Financial Statements for Period July 1, 1989, through September 30, 1989. J. ADJOURNMENT CITY COUNCIL SESSION CANCELLED NOVEMBER 27, 1989 NATIONAL LEAGUE OF CITIES (Scheduled Planning Items wi I I be heard November 20) Al I other Sessions w! I I be In accordance with the City Code M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virglnla November 6, 1989 The CAPITAL IMPROVEMENT WORKSHOP (FY-1989-90/1993-94) for the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall on Monday, November 6, 1989, 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, John D. Moss, Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms. Council Members Absent: John L. Perry (ENTERED: 12:45 P.M.) - 2 - C I T Y M A N A G E R 'S B R I E F I N G REGIONAL PROPOSALS FOR FINANCING OPTIONS FOR HIGHWAYS 11:40 A.M. ITEM 31991 Dwight Farmer, Transportation Planner Southeastern Virginia Planning District Commission, advised the background and options analysis of the Consultants, Linton, Mields, Reisler and Cottone, was completed in August and the recommendations drafted in September. A Brief Meeting was held with the respective City Managers who advised a full menu of recommended options from the LMRC's analysis be provided to the Planning District Commission and a time frame for implementation. A Joint Planning District Commission will be SCHEDULED for early December at which time a consensus of the jurisdictions participating on the direction to be taken with reference to the 1990 General Assembly and the 1991 Highway Reauthorization Act which will determine what Federal Funds will be provided over the next five years. John Hassell and Richard Robertson are co-authors of A TRANSPORTATION FINANCING STRATEGY FOR THE RAMPTON ROADS REGION. This booklet and EXECUTIVE SUMMARY are hereby made a part of the record. John Hassell referenced the EXECUTIVE SUMKARY and advised Linton, Mields Reisler and Cottone began working on a finance strategy for transportation in the region during the Summer. This is an outgrowth of the transportation planning process. A transportation finance strategy for Hampton Roads will have to draw upon the three primary sources of funds - federal, state and regional/local- to implement the Transportation Plan. The Federal program is going through a major change. The Federal highway and transit programs are funded on a common piece of legislation which ends its present five-year cycle in FY'91. The last funds under the present bill will actually be distributed in October 1990. Therefore, Congress must consider reauthorization legislation next Summer or Fall at the very latest, if it is going to have a new program in place for the following fiscal year in order to get into the Budget cycle. The Federal Program over the last thirty years for highways has essentially been a program to build the 42,000-mile Interstate system. Funding in the present bill will essentially complete the last legs of this system. The Secretary of Transportation in Washington is in the process of reviewing the National Transportation Policy and recommendations should be forwarded during the first of the year to Congress. The Virginia program has benefited more from State increases than most and has seen a number of innovations with the sales tax assisting in funding highway construction which has allowed the Virginia program to expand more rapidly than other States. The State has already placed a tremendous commitment in the Hampton Roads area and although much can be done to assure the region's rightful share in dealing with transportation problems, it is hard to foresee any significant increases in transportation financing. These facts have led the consultants to recommend the strategy which commences with the region doing those things necessary to take care of its minimum financial needs for transportation. Creation of a Hampton Roads Regional Transportation Finance Authority would provide a foundation for funding transportation in tbe Region. A comparable situation is the Richmond Authority which is in the role of raising funds, choosing projects and contracting with the Virginia Department of Transportation to construct projects. In order to create a Regional Authority, a process must be devised to assure all are dealt with in an equitable manner. The public and elected officials must be assured projects of significant magnitude to the region will be the projects moved forward. These projects need to be part of a regional package. In order to finance the Hampton Roads Regional Transportation Finance Authority, a number of revenue sources have been reviewed: - 3 - C I T Y M A N A G E R 'S B R I E F I N G REGIONAL PROPOSALS FOR FINANCING OPTIONS FOR HIGHWAYS ITEM # 31991 (Continued) Funding Source Rate Annual Revenue Regional Gas Tax 5%/Gal. $ 38,000,000 Regional Sales Tax 1/2% 44,000,000 Impact Fees $3/SFGLA & $1,200/ 8,000,000 Res. Unit Assessment District 20 miles x I mile 6,000,000 Corridor @ $0.05/ $100 evaluation Real Estate Transfer Tax 1/2% 15,000,000 Local Auto Decal $10.00/Vehicle 9,000,000 Local Option Income Tax 1/4% 35,000,000 Total $155,000,000 The Consultants found none of the revenue sources could come close to meeting the unfunded needs identified in the transportation planning process. Upon completion of the transportation plan update, it is anticipated there will be $150- to $200-MILLION a year in unfunded needs throughout the 20-year life of the plan. This amount is based upon known Federal and state resources. To reach the $150- to $200-MILLION a year investment level, a number of these funding sources would have to be combined for sufficient revenue to move forward on the projects required for intraregional movement. Therefore an Intraregional Toll Program was suggested as a funding source. In examining same, 180 miles around the region have been identified. An estimate would indicate a potential of raising approximately $320-MILLION a year. This funding source would be more than adequate to meet the shortfall anticipated in the transportation planning process. Key elements of the strategy which are aimed at influencing Federal legislation and policies include the following: Insist on a post-Tnterstate strategy that increases Federal funding for rehabilitation of the Interstate system and that meets the mobility needs of urban and suburban areas. Encourage the delegation to pursue changes in Federal law which now restrict local/state options regarding placement of tolls on Federal-aided highways, bridges and tunnels. Seek legislation to allow tolls on existing Interstate facilities to fund major new construction and capacity improvements. Insure that the legislation permits toll revenue from one facility to be available for use on other facilities under certain guidelines. Encourage the Vir-.inia Department of Transportation to take a more aggressive role in seeking Federal discretionary funds for transportation and to obligate its regular Federal-aid allocations in such a way as to position Virginia for high priority consideration under the discretionary programs. Work for state agreement on seeking 1-4R Discretionary funds over the next several years for critical Northern Virginia projects to free regular funds for projects throughout the Commonwealth, and particularly in Hampton Roads. - 4 - C I T Y M A N A G E R 'S B R I E F I N G REGIONAL PROPOSALS FOR FINANCING OPTIONS FOR HIGHWAYS ITEM # 31991 (Continued) Encourage the Federal Government to enact legislation which would give more funds to those state and local governments which provide more than the minimum matching share on Federal-aid projects. Establish a concept for an advocate Federal program for a ,'system of national significance" which is responsive to the urban/suburban transportation needs of Virginia. Explore ways to utilize Department of Defense funds to help meet transportation needs directly related to the needs and requirements of the military. If there is a Federal gas tax increase for deficit reduction, the Region should be part of a national effort to divert as much as possible to transportation. Encourage the delegation to have Congress provide additional obligation authority for the Federal highway program to use the trust fund balances. Seek designation of the Hampton Roads Region in the Federal Highway Administration's Pilot Demonstration Toll Road Program. This is best done through the appropriations bill and the Region's representatives must approach the Appropriations Committees early in 1990. Be prepared to increase local resources as much as possible for surface transportation. In the near term, it is unlikely that there will be significant new Federal resources provided for transportation and it is necessary for the Region and the Comonwealth to be in the best possible position to provide additional funds to meet necessary transportation needs for its own resources. The following recommendations are actions necessary at the local, regional and state level: Areas of mutual self-interest between the private sector and local and state governments in the provision of transportation services should be explored and legislation, policies, resolutions, etc., enacted as may be necessary to encourage private sector participation in the financing of transportation projects. Encourage the Commonwealth of Virginia to enact legislation which would give more funds to those local governments which raise additional revenues for transportation projects through local option taxes and toll projects. Seek legislation from the Virginia General Assembly l@hich will allow local governments in the Hampton Roads Region to develop the necessary financial institutions and revenue enhancement arrangements to help meet transportation needs. Work needs to begin now so that a detailed proposal for the creation of a Hampton Roads Regional Transportation Finance Authority can be presented to the General Assembly at the beginning of its 1990 Session. The development of a strong consensus among the local governments of the Hampton Roads Region (and its General Assembly representatives) is a top priority. 5 C I T Y M A N A C E R 'S B R I E F I N G REGIONAL PROPOSALS FOR FINANCING OPTIONS FOR HIGHWAYS ITEM # 31991 (Continued) A Hampton Roads Task Force of strong local leaders should be formed immediately to promote these proposals within the business community and others to provide for a wide distribution of materials. Technical policy and other advisory committees also would be organized and begin drafting a legislative package with supporting information as soon as possible. Once the coalition has been solidified within the Hampton Roads Region, a Statewide Task Force should be officially formed with representatives from Northern Virginia, the Richmond area and others as proves desirable. A key step will then be to obtain the necessary authority from the General Assembly to create a Hampton Roads Regional Transportation Finance Authority and to obtain local option authority for a package of alternative revenue enhancement opportunities. The consensus developed should clearly determine whether or not the recommended role of a Hampton Roads Regional Transportation Finance Authority should only deal with finances, policies, project selection and prioritization - as opposed to also constructing, operating and maintaining certain highways, bridges, ferries and tunnels. John Hassell advised the key functions of the Hampton Roads Regional Transportation Finance Authority would be to make decisions relative raising the funds and selection of priorities. Therefore, those localities who pay in have a voice on where the funds are utilized. The consultants did not make a determination as to who would make a location decision. The consultants recommended the Regional Authority be established so either an elected Member of the City Council or the City Manager be on the Authority so their actions would reflect the representation from the jurisdictional process. The absolute details were not discussed by the Consultants. Some of the Regional Authorities in the United States do make those locational decisions which preempts all local jurisdictional considerations and the Authority goes forward. This has not been suggested as a model as same have not been that successful. The citizens begin to feel they are run over and therefore this system does not function in the long term. It is important who serves on the authority. The accountability must be present. If it is not an elected official of the jurisdiction, then it should be someone whom the elected officials have direct appointment authority. The consultants foresaw the Regional Authority as basically being a financing agent. The Regional Authority would have to work from projects which are contained within the APPROVED Regional Plan. Projects could not be invented. These projects would have to be coordinated with both the Regional Planning process and the Virginia Department of Transportation. Each jurisdiction wherein the project lies would have to come to the Regional Authority and concur on a project in its particular area. The Regional Authority would accept the priorities of where the funds are utilized. John Hassell advised the Regional Authority could utilize the Federal funds already being invested in such things as the Hampton Roads Tunnel and capitalize that in order to build the other projects. Cash flow from a project like Interstate 44 can be utilized to capitalize the investment for the next link. The City Manager advised a PUBLIC HEARING concerning this issue of Financing Strategy could be scheduled separately or as one related to the Legislative Package. In order for the public to be advised, the City Manager will determine the availability of the Consultants and SCHEDULE the Presentation of the REGIONAL PROPOSALS F'OR FINANCING OPTIONS FOR HIGHWAYS for a future Formal City Council Session. November I - 6 - I T E M S 0 F T H E C I T Y M A N A G E R ITEM # 31992 The City Manager referenced the Resolution directing the Planning Conwnission to consider and make recommendations to the City Oouncif concerning amendments to the City Zoning Ordinance re B-3 Central Business District (See Item IV-F.l. of the FORMAL AGENDA.) The City Vanager distributed a REVISED Resolution which simply deletes the preamble. ITEM # 31993 With respect to concerns expressed by some Members of City C<)uncil, the City Manager also distributed a REVISED Resolution requesting endorsement for the approved Concept Plan; and, the creation ot the Virginia Beach Central Business District @isslon (See Item V-F.2.a. of RESOLUTIONS/ORDINANCE). The words '?accept, or reject" have been inserted on line 20. - 7 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 31994 Wayor Oberndort referenced her letter of October 31, 1989, regarding the Mayor's Complete CDunt CDrmittee for the 1990 Census. Wayor Oberndorf had included suggested names of Individuals for appointment to said Committee. Mayor Oberndorf recommended Marcy Sims, Director of the Department of Public Libraries, to serve as Coordlnator of the Committee Councilman Perry referenced corrections on said list of suggested names. Reverend Marion Tompkins of the Little Piney Grove Baptist Church lives In Richmond and Reverend Jerome Ross Is not the Minister of %w Light Baptist Church, but rather the minister of the Church on Birdneck Road. Councliman Perry suggested Mrs. Foreman be the representative from Little Piney Grove Baptist Church. ITEM # 31995 Mayor Oberndorf advised the City of Virginia Beach hosted the National Convention on Literacy. This conference was composed of tutors and students. Colonel John Balchunis was active as a Volunteer. There were over 1,000 participants. Mayor Oberndorf met an 82 year old lady who had flown from Los Angeles to Virignia Beach with her tutor. The lady advised Mayor Oberndorf of her wish to see Richmond as her grandmother was sold there as a slave. The City provided the lady with transportation to Richmond. Mayor Oberndorf quoted the Chinese proverb, which was etched on the souvenir bags of the Literacy Convention: "If you are planning for a year, you plant rice. If you are planning for a decade, you plant a tree. If you are planning for a lifetime, you educate a person." ITEM # 31996 Veyor Oberndorf further advlsed on Sunday, November 5, 1989, the Virginia and North Carolina Department of Parks and Recreation held their Second Joint Meeting. Eight hundred registrants were expected, but over 1200 people had arrived and It was growing larger by the hour. 8 C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 31997 Councilman Sessoms referenced an Ordinance to TRANSFER $150,000 from Project #3-987 Pendleton/Courthouse School Building to Project #3-967 Correction Center Addition; and, authorize the City Manager to enter into a construction contract (See item V-G.5 of the CONSENT AGENDA) Councilman Sessoms inquired relative the State Rating concerning the legal capacity of the Correction Center. E. Dean Block, Assistant City Manager for Analysis and Evaluation, advised the Facility is designed to as a 200-bed jail. ITEM # 31998 Councilwoman Parker referenced an Ordinance to TRANSFER $150,000 from Project #3-987 Pendleton/Courthouse School Building to Project #3-967 Correction Center Addition; and, authorize the City Manager to enter into a construction contract. The City Manager advised in the October Second Memorandum to City Council, amounts had been referred to in the account based upon what would be available to the City Council through the Capital Improvement Program currently under consideration and estimates from the architects associated with the Project. Since that time, the bids have been received. The item on today's agenda relates to the facts as they exist today without a new CIP approval. The City Manager indicated, in the Ordinance, there would be a temporary transfer of $150,000 to accommodate the City in awarding the bids, with the clear understanding same would be repaid, if the City Council APPROVES the proposed FY 1989-1994 Capital Improvement Program in December. ITEM # 31999 Councilman Baum requested the City Attorney and Real Estate Assessor investigate a matter related to taxes based on land use and changes in zoning. The property was rezoned in the Princess Anne Borough approximately one year ago. The deal collapsed and as a result the lady, approximately 80 years old, has an $80,000 tax bill due. Like the majority of small farms, the assets are in the land. This is both a legal and assessment matter and has posed a tremendous hardship. ITEM # 32000 Councilman Perry advised of a similar case in Reedtown. Mary Smith received a Tax Bill for $1,990. Her new house was built for her through Community Development and only cost $38,000; however, same has been appraised at $57,000. Previously Mary Smith had only paid $90 in taxes on her land and old house. The new tax bill represents approximately one-half of the annual income. ITEM # 32001 Councilman Moss referenced the PUBLIC MEETING concerning the Military Highway Widening and indicated the citizens were very supportive of the widening of Military Highway. Concerns were expressed by the residents of Elizabeth Shores about he amount of buffer space which could be created between the end of the roadway from a sound attenuation situation, as well as the height of the bridge. Councilwoman McClanan advised the PUBLIC NOTICE did not indicate a Flyover was proposed over the neighborhoods. The ad only indicated a "widening of Military Highway". Citizens were very unhappy with regard to a "flyover". - 9 - ITEM # 32002 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Veyor Veyera E. Oberndorf In the Con f ere nce Room, City Hall Bu! I d i ng , on Monday, Pbvember 6, 1989, at 1:00 P.M. Council Members Present: Albert W. Balko, John A. Baisn, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. @nley, Reba S. McCianan, John D. Moss, Mayor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. C<)uncil Members Absent: None - 10 - ITEM # 32003 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes; 1. PERSONNEL MATTERS: 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). (1) Discussion Salary of City Attorney (2) Specific Appointments - Boards & Commissions Terms Expiring 12/31/89 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) Acquisition of Private P.bi+/-c Property for Public purposes - Baxter Road/Independence Boulevard. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2. 1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight W. Cowell vs City of Virginia Beach, et als (2) Roanoke River Basin Asso. vs City of Virginia Beach Upon motion by Councilwoman lienley, seconded by Councilman Sessoms, City Council 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 William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 11 - F 0 R N A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 6, 1989 2:00 P.M. Mayor Mayera E. Oberndorf called to order the FOF44AL SESSION ot the VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hall Building, on Monday, November 6, 1989, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baun, Vice Nbyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nbyor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Cbuncil Mernbers Absent: None INVOCATION: Reverend Ernest G. Roebuck Calvary Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - Item IV-D. ANNOUNCEf4ENT ITEM # 32004 @yor Oberndort ANNOUNCED Sam Houston is undergoing serious surgery today, Nc)vember Sixth. Mayor Oberndorf requested all remember this most generous citizen In their prayers. Sam Houston has been an untiring advocate for the rights of Senior Citizens. - 13 - Item IV-D.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32005 Upon motion by Counc i I man He l schober, seconded by Counc 1 l man Ba I ko, Ci ty Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only pub l ic buslnessmatters lawf ul ly exempted from Open Meeting requirements by Virginia law were d I sc ussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were ident If i ed in the motion conven i ng this E)<ecutiv e Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council %mbers Voting Aye: Albert W. Balko, John A. Baun, Vice %yor Robert E. Fentress, Harold Fbischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Veyor Veyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None L CiRTIFICATION 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 Councilwoman Henley, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: 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). (1) Discussion - Salary of City Attorney (2) Specific Appointments - Boards & Commissions - Terms Expiring 12/31/89. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) Acquisition of Privat Property for Public purposes - Baxter Road/Independence Boulevard. 3. LEGAL MATRERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight W. Cowell vs City of Virginia Beach, et als (2) Roanoke River Basin Asso. vs City of Virginia Beach 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, Sr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None @uth HodgesSmith, CMC/AAE - 14 - Item IV-D.2. PRESENTATION ITEM # 32006 George Duggins accompanied by Bill Zieger, Joann Harkins, Lannah Hughes, representing Chapter 48, VIETNAM VETERANS OF AMERICA, presented the Portrait entitled "Reflections" to the City of Virginia Beach. This Portrait was presented in honor of the valiant men and women who served in the Vietnam War. George Duggins further expressed appreciation for the special support of the Tidewater Veterans Memorial. Mayor Oberndorf advised receipt of the book entitled "The Wall" as a gift from a Vietnam Veteran two years ago. This was inscribed by the Veteran and is placed in the Mayor's Reception area enabling all citizens to share in its message. 1 5 Item IV-E.I. MINUTES ITEM # 32007 Upon motion by Counci lman Baum, seconded by Counci Iman Sessoms, City Counci I APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of October 30, 1989. Voting: 11-0 Counc I I Members Voting Aye: Albert W. Balko, John A. BaLn, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. @uncil Members Voting Nay: None Council Members Absent: None - 16 - Item IV-E.I. MINUTES ITEM # 32008 Upon mot ion by Cc)unc 1 1 woman Hen I ey, seconded by Counc i Iman Voss, City Council AMENDED the MINUTES of the FORMAL SESSION of October 23, 1989. Page 3, ITEM # 31924 ORDINANCE UPON APPLICATION OF TRAVIS W. HALSTEAD, JR. AND CYD L. HALSTEAD FOR A CONDITIONAL USE PERMIT FOR BOARDING HORSES R010891254 Condition No. 3 shall CORRECTLY read: 3. A maximum of 25 bo@ horses, both owned and boarded, will be allowed. Vot I ng 11-0 Council %mbers Voting Aye: Albert W. Balko, John A. Baun, Vice Veyor Robert E. Fentress, Harold @ischober, Barbara M. Henley, Reba S. PkCIanan, John D. Moss, Mayor Mayera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. C)ouncit Members Voting Nay: None Cbuncil Members Absent: None - 17 - Item Y-F. 1 . RESOLUTION/ORDINANCES ITEM # 32009 Douglas E. Braun, 4908 Lamath Road, Phone: 499-2674, speaking In OPPOSITION to the Central Business Di stricts Propo sa Is. Doug las Braun' s three concern s were traf f lc congest ion, costs to tax payers and hea I th and safety Upon motion by Councilman Heischober, seconded by Vice Veyor Fentress, City Council ADOPITED, AS REVISED: Resolution directing the Planning @ission to consider and make recommendation to the City C,ouncil concerning amendments to the City Zoning Ordinance re B-3 Central Business District. Councilman Heischober advised there is a vacant building in the Aragona Shopping @nter. An applicant wishes to Install a family restaurant and billiard parlor In this building. A restaurant is acceptable In this B-3 area; however, the billiard parlor portion Is not. The proposed Resolution requests consideration of an amendment to the City Zoning Ordinance to allow commercial recreational facilities other than those of an outdoor nature as a conditional use In the B-3. Vot i ng 11-0 Council Wmbers Voting Aye: Albert W. Balko,* John A. Baun, Vice Veyor Rc)bert E. Fentress, Harold %ischober, Barbara M. Fienley, Reba S. McClanan, John D. Moss, Wayor Voyera E. Oberndorf, Nancy K. Parker John L. Perry and William D. Sessoms, Jr. Council Wmbers Voting Nay: None Council Wmbers Absent: None *Verbal Aye A RESOLUTION DIRECTING THE PLANNING COMMISSION TO CONSIDER AND MAKE ITS RECOMMENDATION TO THE CITY COUNCIL CONCERNING AMENDMENTS TO THE CITY ZONING ORDINANCE PERTAINING TO THE B-3 CENTRAL BUSINESS DISTRICT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the Planning Commission is hereby requested to consider and make its recommendation to the City Council regarding an amendment to the City Zoning Ordinance to allow commercial recreational facilities other than those of an outdoor nature as a conditiondl use in the B-3 Central Business District or other such amendments as deemed appropriate, and BE IT FURTHER RESOLVED that the Planning Commission make its recommendation to the City Council within sixty (60) days of the date of the adoption of this Resolution. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 day of November, 1989. - 18 - Item V-F. 2. RESOLUTION/ORDINANCES ITEM # 32010 Colonel Bob Engesser, 5290 Vestry Drive, Phone: 499-3157, registered as UNDECIDED but deviated from the subject. Rae LeSesne, 5325 Thornburg Lane, Phone: 497-8008, suggested consideration of other areas as the Central Business District. The task of the Virginia Beach Central Business District Commission should include the methodology by which this Concept Plan can be set in 'concrete'. Rae LeSesne wished delineated the improvements to be paid by the Central Business District and the special tax. Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council ADOPTED: Resolution requesting endorsement of the proposed Concept Plan; and, the creation of the Virginia Beach Central Business District Commission. AND, APPROVED upon FIRST READING: Ordinance to APPROPRIATE $150,000 from Fund Balance for the development of a Master Plan. Vice Mayor Fentress advised the Virginia Beach Central Business District Commission should denote the specific name to be utilized. Vice Mayor Fentress did not care for the name: 'Downtown Virginia Beach'. Councilman Moss referenced lines 36-49 of said Resolution which specified the addressing of certain specific issues by the Master Plan. The land use of existing developed residential areas shall not be modified. A financing plan must be identified as to how the Master plan may be implemented with financial self-sufficiency, including necessary infrastructure and including a defined special tax and/or assessment district; and the methodology by which architectural and design issues shall be regulated within the CBD, given that the Plan could be implemented with or without a light rail system. Councilman Moss further referenced lines 50-56 of said Resolution: "The Purchasing Department, in conjunction with the City Manger's Office, is hereby directed to begin preparation of the necessary documentation to retain a consultant to formulate the Master Plan." Councilman Moss suggested Andrew Burke, Director of Economic Development, and Dean Block, Assistant City Manager for Evaluation, be considered as representative of the City Manager's Staff to serve on the Virginia Beach Central Business District Commission. Representatives from Pocohontas Village should also be considered, i.e, Ted Hanson. Jim Willenbrink should be the representative for Pembroke. - 19 - Item V-F. 2. RESOLUTION/ORDINANCES ITEM # 32010 (Continued) Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: John L. Perry Council Members Absent: None Councilman Perry ABSTAINED as he did not completely understand the full concept. 1 2 RESOLUTION 3 WHEREAS, on October 30, 1989, City Council was briefed 4 on the Virginia Beach Central BuSiness District Concept Plan (the 5 Concept Plan) by the Central Business District Association 6 (CBDA); 7 WHEREAS, CBDA has requested $150,000 be appropriated to 8 help fund the City's share of the cost of a planning consultant 9 to expand on the Concept Plan and to prepare a Master Plan 10 showing the specifics of the proposed development for the Central 11 Business District (CBD); and 12 WHEREAS, CBDA has further requested the City Council to 13 appoint a commission to monitor and to provide input to the 14 consultant. 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 1. That City Council hereby endorses the Concept Plan 18 as proposed by CBDA. The Council does not, by this endorsement, 19 endorse all the specifics of the Concept Plan but, instead, 20 reserves the right to review, accept, or reject any and all 21 specifics of the Master Plan when that Plan has been prepared. 22 2. That City Council hereby creates a commission to be 23 known as the Virginia Beach Central Business District Commission 24 (the Commission). The Commission will consist of thirteen (13) 25 members appointed by City Council, two of whom shall be members 26 of the City Manager's staff. Its duties shall be to provide 27 input to and monitor the work of the consultant who will prepare 28 the Master Plan for the CBD. The City Manager shall further 29 appoint two (2) additional staff as ex-officio members of the 30 Commission. 31 3. That the Commission shall be dissolved, with no 32 further action required by the City Council, upon the presenta- 33 tion of the Master Plan to City Council. The Commission is 34 requested to present the Master Plan to the Council on or before 35 December 31, 1990. 36 4. That the Master Plan shall address, at a minimum, 37 the following issues: the geographic boundaries of the CBD; 38 zoning and density of land within the CBD and land uses within 39 the CBD given, however, that the zoning/land use of existing, 40 developed residential areas shall not be modified; the type and 41 amount of transportation alternatives and utility services needed 42 to serve the CBD; impacts of the CBD plan on surrounding 43 neighborhoods; a financing plan as to how the Master Plan may be 44 implemented with financial self-sufficiency, including needed 45 infrastructure and including a defined special tax and/or 46 assessment district; and the methodology by which architectural 47 and design issues shall be regulated within the CBD, given that 48 the Plan could be implemented with or without a light rail 49 system. 50 5. That the Purchasing Department, in conjunction with 51 the City Manager's Office, is hereby directed to begin prepara- 52 tion of the necessary documentation to retain a consultant to 53 formulate the Master Plan. The consultant shall be retained, 54 with the input of the Commission, by and be responsive to the 55 City of Virginia Beach in accordance with the appropriate 56 procurement laws and ordinances. 57 6. Any costs associated with preparation of the Master 58 Plan and related matters in excess of the $150,000 appropriated 59 by City Council shall be borne by the CBDA and appropriate 60 contractual documents shall be put into place between the City 61 and CBDA before the contract with the consultant is executed. 62 Adopted by the City Council of the City of Virginia 63 Beach, Virginia, on this 6 day of November 1989. 64 KJC/cb 65 10/31/89 66 11/01/89 67 11/02/89 68 11/06/89 69 CA-3525 70 CBDA.Res 2 I AN CMIWCE M APPROPR= $150,000 FRCt4 2 FXM BALMCE FOR UM DEVEID@ OF A 3 PLAN FOR ME BUS DISMICT 4 thp- Central Bus@ D@iCt ASSOCiation of V@ Beach 5 has requested @il to endorse the Concept Plan as a good basi-- fran which to 6 develcp a detailed plan for the Central Business D@ict; 7 8 the association has requested the city to appoint a @sion with 9 a specific @ion to appc)lnt a pl consultant arxl to oversee the 10 consultant's formulation of a @ter plan for the Central Business District; 11 an estimated amount of $150,000 is needed to engage a consultant 12 for the preparation of a CBD niaster plan arxi which can be provided by an 13 apprcpriation fran General @ Balanoe. 14 NOW, RE, BE IT 0 BY ME COLLNCIL OF = CRIY OF @RM 15 BEACH, @=: 16 @t furxls in the amount of $150,000 are hereby apprcpriated fran Fund 17 Balance for the f tion of a master plan for the central Bus@ District. 18 sball be eff@ve fran the date of its adoptim. 19 Adcpted by the Council of the City of Virginia Beach, Virginia m the 20 day of 1989. AppROVE) AS TO 21 First Reading: November 6, 1989 LEGAL SUFFiaENCY. 22 Reading: - 20 - Item V-G. CONSENT AGENDA ITEM # 32011 Upon motion by Vice Veyor Fentress, seconded by Counci lman Heischober, City Council APPROVED in ONE MOTION Items 2, 3, 5, 6, 7, and 8 of the CONSENT AGENDA. Items V-G.1 and V-G.4 were pulled for a separate vote. Vice Veyor Fentress, as a part of his motion concerning Item V-G.6.b., ADDED ACCEP'TANCE of OPITION 2. Vot i ng :11-0 Counci I Vembers Voting Aye: Albert W. Balko, John A. BaLxn, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. tkCIanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Nc)ne Council Members Absent: None - 21 - Item V-G. 1. CONSENT AGENDA ITEM # 32012 Attorney Marie Finch, Hofheimer, Nusbaum, et al, represented Bank One Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing the City Manager to execute an attornment agreement regarding parcel leased to Bonney's Corner Associates. 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 *Verbal Aye Councilman Moss requested the City Staff investigate this site for the possibility of a curb cut. When the site was approved, the City Council had indicated no additional curb cuts would be allowed. 1 2 3 4 5 6 7 AN ORDINANCE AUTHORIZING THE CITY 8 MANAGER TO EXECUTE AN ATTORNMENT 9 AGREEMENT REGARDING PARCEL LEASED TO 10 BONNEY'S CORNER ASSOCIATES 11 12 13 14 WHEREAS, on February 10, 1986, the City of Virginia 15 Beach leased an approximate 2.247 acre parcel at the northeast 16 corner of Indian River Road and Kempsville Road to Bonney's Corner 17 Associates for a term of years as set forth in the "lease 18 agreement" recorded in the Clerk's Office of the City of Virginia 19 Beach; and 20 WHEREAS, Bonney's Corner Associates has the right to 21 assign or sublease the property as long as the assignee or 22 subtenant is bound by the terms of the agreement referenced above; 23 and 24 WHEREAS, Bonney's Corner Associates has subleased the 25 property in order that a fast food facility could be erected on 26 the parcel. A bank has agreed to lend the sublessee money for the 27 purpose of managing and equipping the fast food facility. In 28 return, the bank wishes to be in a position to carry out the terms 29 and conditions of the 1986 lease agreement between the City and 30 Bonney's Corner Associates in the event Bonney's Corner Associates 31 or its sublessee does not faithfully perform the terms and 32 conditions of said lease. 33 WHEREAS, the proposed Attorriment, Recognition and 34 Nondisturbance Agreement allows the bank to carry out the terms of 35 the lease agreement in the event of default. 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA: 38 That the City Manager is hereby authorized and directed 39 to execute the AttorrLment, Recognition and Nondisturbance 40 Agreement, a copy of which is attached hereto and incorporated by 41 reference. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia on the 6 day of November 1989. 44 45 DSH/awi 46 9/7/89 47 CA-3474 48 Bonney.Ord APi"OV!-D ,r(,, SUFKiEtiCY CITY AT-RORNE 2 ATTORNMENT, RECOGNITION AND NONDISTURBANCE AGREEMENT THIS ATTORNMENT, RECOGNITION AND NONDISTURBANCE AGREEMENT ("Attornment Agreement"), Made as of the day of , 1989, by and among the CITY OF VIRGINIA BEACH, VIRGINIA ("City"), BONNEY'S CORNER ASSOCIATES, a Virginia general partnership ("BCA"), and BANK ONE, YOUNGSTOWN, N.A. ("Bank One"). RECITALS A. The City and BCA entered into an Agreement, dated February 10, 1986 (the "Agreement"), whereby the City leased to BCA certain real property situated at the northeast corner of the intersection of Indian River Road and Kempsville Road in the City, which real property is more fully described in Exhibit "A" attached hereto (the "Demised Premises"). Said Agreement was recorded on April 9, 1986, in the Clerk's Office of the Circuit Court of the City in Deed Book 2491, at page 2010. B. BCA and Oceanrand Investment Company, an Ohio general partnership ("Oceanrand"), entered into a Ground Lease, dated August 4, 1988 (the "Ground Lease"), whereby BCA subleased to Oceanrand a certain parcel of the Demised Premises, which parcel is more fully described in Exhibit "B" attached hereto (the "Parcel"). The Ground Lease is intended to be recorded in the Clerk's Office aforesaid. C. Koltz Real Estate Co., an Ohio corporation ("Koltz"), has erected a fast food facility on the Parcel, and has furnished equipment, furnishings and fixtures for its operation (the "Property"). Koltz intends to or has entered into an Agreement with Oceanrand leasing the Property to Oceanrand, so that Oceanrand can manage and operate the Property. D. Bank One has agreed to lend to Koltz the total amount of $600,000 for the purpose of constructing and equipping a fast food facility on the Parcel. As security for Bank One's loan, and in consideration of the lease of the Property, Oceanrand and Koltz have executed a Deed of Trust and Security Agreement, dated August 16, 1989 (the "Deed of Trust"), whereby Oceanrand grants Bank One a security interest in its leasehold estate in the Parcel, and Koltz grants Bank One a security interest in the Property. Said Deed of Trust is intended to be recorded simultaneously herewith. E. The parties hereto desire to confirm their relationship with respect to the Agreement in the event of any default by BCA under the Agreement, as an inducement to Bank One to lend said sums to Koltz, and in making such loan, Bank One is relying in part on the terms of this Attornment Agreement. NOW THEREFORE, in consideration of their mutual covenants and agreements contained herein, the parties hereto agree as follows: ITEM I. BCA and the City hereby certify that, as of the date hereof, the Agreement is in full force and effect, and further that BCA is not in default in the full and faithful performance of any of the terms, conditions and provisions thereof. 2 ITEM II. BCA and the City hereby acknowledge that BCA has the full right and authority under the Agreement to sublease to Oceanrand all or a portion of the Demised Premises. ITEM Ill. In the event of any default by BCA under the Agreement, or in the event of any surrender by BCA of the Agreement, whether voluntary, involuntary, or by operation of law, the City agrees that Oceanrand may make full and complete attornment to the City for the balance of the term of the Agreement, including any extensions or renewals thereof, upon all of the terms, provisions and conditions contained in the Agreement, so as to establish direct privity of estate and contract between the City and Oceanrand with the same force and effect as though the Agreement were originally given directly from the City to Oceanrand. Oceanrand may make all rent payments thereafter due and payable under the Agreement directly to the City. ITEM IV. In the event of any default by BCA under the Agreement, or in the event of any surrender by BCA of the Agreement, whether voluntary, involuntary or by operation of law, and in any such event, (i) the City shall send notices of such default or other event to Bank One at its principal office at 6 Federal Plaza West, Youngstown, Ohio 44503; and, (ii) as long as Oceanrand shall perform all of the terms, provisions and conditions of the Agreement to be performed by BCA, the City will not deprive Oceanrand of the possession, or right of possession, of the Parcel during the tem of - 3 - the Agreement or any renewal or extension thereof (except as otherwise provided for in the Agreement). ITEM V. This Attornment Agreement may not be modified, amended, altered, or changed in any manner, except in writing signed by all the parties hereto, or their respective successors or assigns. This Attornment Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ITEM VII. This Attornment Agreement shall be governed according to the laws of the Commonwealth of Virginia. ITEM VIII. Nothing in this Attornment Agreement shall in any way be construed to impose on the City any liability for any payments required to be made by a mortgagor or other party under any Deed of Trust which may be placed on the Demised Premises or the Parcel. IN WITNESS WHEREOF, the parties, or their duly authorized officers or agents, have hereunto set their hands all as of the date and year first above written. CITY OF VIRGINIA BEACH By: Title: 4 BONNEY'S CORNER ASSOCIATES, a Virginia general partnership By: General Partner BANK ONE, YOUNGSTOWN, N.A. By: Title: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 1989, by behalf. o@ the City of Virginia Beach, on -ts Notary Public My Commission Expires: STATE OF VIRGINIA, CITY OF NORFOLK, to-wit: The foregoing instrument was acknowledged before me this day of , 1989, by General artner of Bonney's Corner Associates, a Virginia gener-a, partnership, on its behalf. Notary Public My Commission Expires: 5 STATE OF OHIO, CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of 1989, by of Bank One, Youngs wn, N.A., on ifs-@ehalf. My Commission Expires: Notary Public 6 EXHIBIT A DEMISED PREMISES LEASED TO BONNEY'S CORNER ASSOCIATES ALL THAT certain parcel of land, together with any easements or improvements thereto appertaining, as described on the attached plat of survey entitled "Property to be Leased by City of Virginia Beach to Bonney's Corner Associates, a Virginia general partnership, situate at the Northeast Corner of the Indian River Rd. and Kempsville Rd. Intersection; Va Beach, Virginia," dated 2/24/86, and incorporated herein by reference. 7 2 4 9 i P026 b-.- LANO ool @ft ASS,,CIAIII 'CATION ASSOC. 'Vistom ft A To a CORMIJ 00, VIF ACACS EXHIBIT B PARCEL SUB-LEASED/ASSIGNED TO KOLTZ REAL ESTATE CO. Beginning at a point; said point being the following courses and distances from the northeast intersection of Indian River Road and Indian Lane: along the northern right of way line of Indian River Road S 65- 06- 51-1 E, 219.69 feet to a point; thence along a curve to the left having a radius of 180.00 feet and an arc length of 71.04 feet to the true point of beginning; thence continuing along aforesaid curve to the left having a radius of 180.00 feet and an arc length of 102.21 feet to a point; thence N 59* 44' 25" E, 129.36 feet to a point; thence along a curve to the right having a radius of 145.00 feet and an arc length of 33.43 feet to a point; thence S 11@ 32' 00" E, 72.18 feet to a point; thence S 78@ 28' 00" W, 24.00' to a point; thence S 11' 32' 00" E, 69.19 feet to a point; thence N 74' 44' 11" E, 24.50 feet to a point; thence S 19@ 23' 56" W, 100.62 feet to a point; thence N 60* 11' 15" W, 46.00 feet to a point; thence S 29@ 45' 11" W, 45.82 feet to a point; thence N 60@ 171 0011 W, 223.32 feet to a point; thence N 31* 32' 49" E, 41.10 feet to the point of beginning. The above described parcel contains 36,760 square feet or 0.844 acre. MAF.AGR.BCA.5/12/89 - 8 - - 22 - Item V-G.2 CONSENT AGENDA ITEM # 32013 Upon mot ion by Vice Veyor Fentress , seconded by Counc I lman Hei schober, City Council ADOPTED: Ordinance to TRANSFER $43,342 within the Library Departmentfs FY1989-1990 Operating Budget for additional temporary salaries to expedite the processing of books for the Central Library. Voting: 11-0 Council ME)mbers Voting Aye: Albert W. Balko, John A. Baun, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Fbnley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker John L. Perry and William D. Sessoms, Jr. Council Vembers Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO TRANSFER $43,342 WITHIN THE 2 LIBRARY DEPARTMENT'S FY1989-90 OPERATING BUDGET 3 FOR ADDITIONAL TEMPORARY SAIARIES TO EXPEDITE THE 4 PROCESSING OF BOOKS FOR CENTRAL LIBRARY 5 WHERF-AS, the Library Department provides books and other materials for the 6 citizens of Virginia Beach to borrow for their own enjoyment, education, and 7 personal fulfillment; 8 WHEREAS, books and materials borrowed from the Central Library since its 9 opening are exceeding original estimates causing a shortage of available 10 materials; 11 WHEREAS, City Council increased the FY1989-90 Operating Budget of the 12 Library Department by $300,000 for 20,000 additional books for Central Library 13 effective July 1, 1989; 14 WHEREAS, to expedite the cataloging and processing of this purchase in 15 additional books the Library Department estimates that $43,342 in one-time costs 16 for temporary salaries and fringe benefits will be necessary; 17 WHEREAS, the Library Department wishes to transfer the necessary $43,342 18 from the $300,000 appropriated for additional books. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA, that $43,342 be transferred within the FY1989-90 Operating 21 Budget of the Library Department to expedite the cataloging and processing of 22 an additional 20,000 volumes of books. 23 ADOPTED THE - 6 DAY OF November 1989, BY THE COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA. 25 This ordinance shall be in effect from the date of its adoption. - 23 - Item V-G. 3. CONSENT AGENDA ITEM ~ 32014 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Counc i I ADOPT£D: Ordinance to TRANSFER $33,000 from the Mess Transit Operatlons Budget to the Mental Health/Mental Retardatlon and Substance Abuse Fund for transportation services to mentally handicapped citizens. Vot ing: 11-0 Council Members Voting Aye: Albert W. Balk o, John A. Baud, Vice I~eyor P~bert E. Fentress, Harold He ischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Meyor Meyera E. Oberndorf, Nancy K. Parke~ John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 6, 1989 1 AN ORDINANCE TO TRANSFER $33,000 FROM THE 2 MASS TRANSIT OPERATIONS BUDGET TO THE MENTAL HEALTH/ 3 MENTAL RETARDATION AND SUBSTANCE ABUSE FUND FOR 4 TRANSPORTATION SERVICES TO MENTALLY HANDICAPPED CITIZENS 5 6 WHEREAS, the City of Virginia Beach originally provided funds to the 7 Tidewater Transportation District Commission to be matched with federal funds for 8 the purchase of transportation services for mentally handicapped citizens of 9 Virginia Beach through contract with the Virginia Beach Community Services Board 10 and Community Services Inc., 11 12 WHEREAS, the discontinuance of federal transportation matches in 1987 led the 13 Tidewater Transportation District Commission to request that the payments from the 14 City to the Commission for MH/MR contractual transportation services be discon- 15 tinued for FY 89-90 because there was no longer a funding advantage in that 16 arrangement, 17 18 WHEREAS, the City of Virginia Beach FY 89-90 Approved Operating Budget for 19 Virginia Beach Department of Mental Health/ Mental Retardation and Substance Abuse 20 included estimated revenue from TTDC in the amount of $25,000, 21 22 WHEREAS, the FY 89-90 proposed services plan of Community Alternatives Inc. 23 included revenue from TTDC in the amount of $8,000, 24 25 WHEREAS, the City of Virginia Beach obligation to TTDC for mass transit 26 operations for FY 89-90 has been decreased due to the requested contractual change, 27 making funds available for transfer to the MH/MR/SA Fund to offset losses in 28 estimated revenue from TTDC, 29 30 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 31 VIRGINIA, that funds in the amount of $33,000 be transferred from the FY 89-90 32 Approved Operating Budget for Mass Transit Operations to the Mental Health/ Mental 33 Retardation and Substance Abuse Fund to ensure continuation of transportation 34 services to mentally handicapped residents. 35 36 BE IT FURTHER ORDAINED that Estimated Revenue in the MH/MR/SA Fund be 37 adjusted to reflect the change in estimated revenue from TRT and that this 38 adjustment be offset by a corresponding increase in the transfer from the General 39 Fund to the MH/MR/SA Fund. 40 41 This ordinance shall be effective from the date of its adoption. 42 43 Adopted by the Council of the City of Virg nia Beach Vi,gi@i, 6 h day 44 of November, 1989. 45 APPROVED AS TO 46 LF.--At. SUFFICIENCY - 24 - Item V-G.4 CONSENT AGENDA ITEM # 32015 Robert W. Carter, 1300 E. Bay Shore Drive, Phone: 4610-9477, Vice President of Koger Properties, Inc. Robert Carter distributed photographs displaying the lake (Borrow Pit), and the landscaping associated with same. Said photographs are hereby made a part of the record. Koger Properties wishes to encroach into a portion of the City's property known as variable width strip around City owned lake adjacent to Route 44. The purpose of the encroachment is to allow an existing fence to remain on City property Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's property known as the variable width strip around City owned lake at the East end of Cleveland Street adjacent to Route 44 to Koger Properties, Inc., a Florida corporation qualified to do business in the Commonwealth of Virginia, its assigns and successors in title. *The Agreement shall be AMENDED The owner agrees to provide gates that will allow a 15' minimum opening; the gates may remain locked but keys to said locks will be provided to the City's emergency service agencies. 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 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY ENCROACHMENT 4 INTO A PORTION OF THE 5 CITY'S PROPERTY KNOWN AS 6 THE VARIABLE WIDTH STRIP 7 AROUND CITY OWNED LAKE AT 8 THE EAST END OF CLEVELAND 9 STREET ADJACENT TO ROUTE 10 44 TO KOGER PROPERTIES, 11 INC. , A FLORIDA 12 CORPORATION QUALIFIED TO 13 DO BUSINESS IN THE 14 COMMONWEALTH OF VIRGINIA, 15 ITS ASSIGNS AND SUCCESSORS 16 IN TITLE 17 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof 20 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 21 Koger Properties, Inc., a Florida corporation qualified to do 22 business in the Commonwealth of Virginia, its assigns and 23 successors in title is authorized to construct and maintain a 24 temporary encroachment into a portion of the City's property known 25 as the variable width strip around City owned lake at the east end 26 of Cleveland Street adjacent to Route 44. 27 That the temporary encroachment herein authorized is for 28 the purpose of allowing said existing fence in the City of 29 Virginia Beach to remain on City property and that said 30 encroachment shall be constructed and maintained in accordance 31 with the City of Virginia Beach Public Works Department's 32 specifications as to size, alignment and location, and further 33 that such temporary encroachment is more particularly described as 34 follows: 35 An area of encroachment into a 36 portion of the City's property known 37 as the variable width strip around 38 City owned lake at the east end of 39 Cleveland Street adjacent to Route 40 44 as shown on that certain plat 41 entitled: "PLAN OF ENCROACHMENT OF 42 7211 CHAIN LINK FENCE ON PROPERTY OF 43 THE CITY OF VIRGINIA BEACH (D.B. 44 1323 PG. 179) BAYSIDE BOROUGH - 45 VIRGINIA BEACH, VIRGINIA FOR KOGER 46 PROPERTIES INC. SCALE: 1" = 100' 47 MARCH 7, 1989,11 a copy of which is 48 on file in the Department of Public 49 Works and to which reference is made 50 for a more particular description. 51 PROVIDED, HOWEVER, that the temporary encroachment 52 herein authorized shall terminate upon notice by the City of 53 Virginia Beach to any officer of Koger Properties, Inc., a Florida 54 corporation qualified to do business in the Commonwealth of 55 Virginia, its assigns and successors in title and that within 56 thirty (30) days after such notice is given, said encroachment 57 shall be removed from a portion of the City's property known as 58 the variable width strip around City owned lake at the east end of 59 Cleveland Street adjacent to Route 44 that Koger Properties, Inc., 60 a Florida corporation qualified to do business in the Commonwealth 61 of Virginia, its assigns and successors in title shall bear all 62 costs and expenses of such removal. 63 AND, PROVIDED FURTHER, that it is expressly understood 64 and agreed that Koger Properties, Inc., a Florida corporation 65 qualified to do business in the Commonwealth of Virginia, its 66 heirs, assigns and successors in title shall indemnify and hold 67 harmless the City of Virginia Beach, its agents and employees from 68 and against all claims, damages, losses and expenses including 69 reasonable attorney's fees in case it shall be necessary to file 70 or defend an action arising out of the location or existence of 71 such encroachment. 72 AND, PROVIDED FURTHER, that this ordinance shall not be 73 in effect until such time that Koger Properties, Inc., a Florida 74 corporation qualified to do business in the Commonwealth of 75 Virginia, executes an agreement with the City of Virginia Beach 76 encompassing the aforementioned provisions. 77 Adopted by the Council of the City of Virginia Beach, 78 Virginia, on the 6 day of November 1 19 89 APPKUY@L) AS i'O 79 JAS/ils 80 08/18/89 81 CA-89-3398 2 LAiii6l i "Yk" C.A 01- IVI@lIV14 _,VlRallVIA,3,C,4C'I-l 7-O-ZL ROAO, .qo4lr.= P. W PLAN OF ENCROACHMENT ICATE OF 4 & 20 72" CHAIN LINK FENCE ON PROPERTY OF THE CITY OF VIRGINIA BEACH . ( D.B. 1323 PG. 179 ) .BAYSIDE BOROUGII - VIRGINIA BEACH, VIRGINIA FOR KOGER PROPERTIES INC. SCALE: 1'1=100' MARCH 7, 1989 O' 25'50'75' /00' /.50, ?00, 300 W. P. LARGE, INC. ............. . . TO BE AMENDED THIS AGREEMENT, made this _ day of 19_, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a inunicipal corporation, party of the f irst part, and KOGER PROPERTIES, INC., a Florida corporation qualified to do business in the Commonwealth of Virginia, ITS ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to allow an existing fence in the City of Virginia Beach to remain on City property; and WHEREAS, in allowing said existing fence in the City of Virginia Beach to remain on City property, it is necessary that the said party of the second part encroach into a portion of the city's property known as the variable width sfrip around City owned lake at the east end of Cleveland Street adjacent to Route 44; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such existing fence within a portion of the City's property known as the variable width strip around City owned lake at the east end of Cleveland Street adjacent to Route 44. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one GPIN 1467-36-1361 Dollar ($1.00), in hand paid, to the said party of the first pai-t, receipt of which is hereby acknowledged, the party of the f irst part doth grant to the party of the second part a temporary encroachment to use a portion of the City's property known as the variable width strip around City owned lake at the east end of Cleveland Street adjacent to Route 44 for the purpose of allowing said existing fence in the City of Virginia Beach to remain on City property. It is expressly understood and agreed that such temporary encroachment will be allowed in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's property known as the variable width strip around City owned lake at the east end of Cleveland Street adjacent to Route 44 as shown on that certain plat entitled: "PLAN OF ENCROACHMENT OF 7211 CHAIN LINK FENCE ON PROPERTY OF THE CITY OF VIRGINIA BEACH (D.B. 1323 PG. 179) BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA FOR KOGER PROPERTIES INC. SCALE: 1" = 100' MARCH 7, 1989,11 a copy of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. it is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is 2 given, such temporary encroachment shall be removed from the portion of the City's property known as the variable width strip around City owned lake at the east end of Cleveland Street adjacent to Route 44 by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indeinnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroaclunent. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. it is further expressly understood and agreed that the party of the second part agrees to provide gates that will allow a 151 minimum opening; the gates must remain unlocked to provide public and emergency access. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and 3 permission so gi-anted, may remove any such encroachment and @,harge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Koger Properties, Inc., a Florida corporation qualified to do business in tbe Commonwealth of Virginia, has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its 4 behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk KOGER PROPERTIES, INC. By (SEAL) ATTEST: (Title) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the _ day of 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. Notary Public My Commission Expires: STATE OF CITY OF to-wit: 1, a Notary Public in and for the City and State aforesaid, do hereby oertify that I (Title) on behalf of Koger Properties, Inc., aFlorida corporation qualified to do business in the Commonwealth of Virginia, whose name is signed to the foregoing writing, bearing date the - day of , 19 _ , has acknowledged the same before me in my City and State aforesaid. Given under MY hand this day of 19-. Notary Public My Commission Expires: 6 STATE OF CITY OF to-wit: a Notary Public ,-n and for the City and State aforesaid, do hereby certify that I (Title) on behalf of Koger Properties, Inc., aFlorida corporation qualified to do business in the Commonwealth of Virginia, whose name is signed to the foregoing writing, bearing date the - day of 1 19 _ , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19-. Notary Public My Commission Expires: JAS/jlS Date: 08/18/89 CA-89-3398 jencroach\koger.agr) 7 - 25 - Item V-G.5 CONSENT AGENDA ITEM # 32016 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: CORRECTION CENTER ADDITION: Ordinance to TRANSFER $150,000 from Project #3-987 Pendleton/Courthouse School Building to Project #3-967 Correction Center Addition; and, authorize the City Manager to enter into a construction contract. AND, APPROVED: LOW BID: KJELLSTROM AND LEE, INC. Base Bid $8,260,000 (CIP 3-967) Alternate Bid 1,404,000 Total Bid $9,664,000 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 1 AN ORDINANCE TO TRANSFER $150,000 F-ROM 2 PRO.JECT #3-987 PENDLETON/COURTHOUSE SCHOOL 3 BUIIJ)ING TO PRWECT #3-967 CORRECTION CENTER 4 ADDITION AND AUTHORIZE THE CITY MANAGER TO 5 ENTER INTO A CONSTRUCTION CONTRACT 6 WHEREAS, competitive bids have been received for construction of the 7 Correction Center Addition Project #3-967; 8 WHEREAS, the lowest bid for the base construction component is $8,260,000 9 and the lowest bid for the add alternate construction component is $1,404,000, 10 for a total construction bid of $9,664,000; 11 WHEREAS, it is estimated that $150,000 of additional funding is required to 12 award low bid and issue the construction contract for both the base bid and add 13 alternate bid; 14 WHEREAS, it is desirable to begin construction immediately; 15 WHERE&S, there is $150,000 temporarily available for transfer from 16 Pendleton/Courthouse School Building Project #3-987, and will be restored upon 17 the adoption of, and pursuant to, the FY1989-1994 Capital Improvement Program. 18 NOW, THEREFORE, BE IT ORDAINED BY TRE COUNCIL OF THE CITY OF VIRGINIA BE&CH, 19 VIRGINIA, that funds in the amount of $150,000 be transferred from the 20 Pendleton/Courthouse School Building Project #3-987 to the Correction Center 21 Addition Project #3-967. 22 BE IT FURTHER ORDAINED that the City Manager is hereby authorized to accept 23 the low bid and enter into the construction contract for the base portion and the 24 add alternate portion of the Correction Center Addition Project #3-967. 25 This ordinance shall be in effect from the date of its adoption. 26 Adopted the Sixt hday of November 1989, by the Council of the City of 27 Virginia Beacb, Virginia. - 26 - Item V-G.6 a.b. CONSENT AGENDA ITEM # 32017 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED: LOW BID: BOARDWALK AND CONNECTOR PARK PROJECT, PHASE III NORTH - Thirty-Third to Thirty-Eighth Streets: CONRAD BROTHERS CONSTRUCTION, INC Low Bid $849,500.00 (CIP 2-048/2-066) AND, ADOPTED OF'TION 2: Ordinance authorizing the Transfer of $45,000.00 from Streetscape Demonstration CIP #2-067, $79,000.00 from City Gateway CIP #2-054, $1,000.00 from Rudee Walk CIP #2-058; $5,000.00 from Museum Park and Nature Area CIP #2-056, $820,000.00 from Resort Area Replenishment Project CIP #2-077; for a total transfer of $950,000.00; $332,500.00 transferred to Oceanfront Connector Parks CIP #2- 066; and $617,500.00 to Boardwalk Revitalization CIP #2-048. The MOTION shall include the Sand Replenishment Project being repaid in future years. 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 1 2 OPTION 2 3 4 AN ORDINANCE AUTHORIZING THE TRANSFER OF $45,000.00 5 FROM STREETSCAPE DEMONSTRATION CIP #2-067, $79,000.00 6 FROM CITY GATEWAY CIP #2-054, $1,000.00 FROM RUDEE WALK 7 CIP #2-058; $5,000.00 FROM MUSEUM PARK AND NATURE AREA 8 CIP #2-056, $820,000.00 FROM RESORT AREA REPLENISHMENT 9 PROJECT CIP #2-077; FOR A TOTAL TRANSFER OF 10 $950,000.00; $332,500.00 TRANSFERRED TO OCEANFRONT 11 CONNECTOR PARKS CIP #2-066; AND $617,500.00 TO 12 BOARDWALK REVITALIZATION CIP #2-048 13 14 WHEREAS, the Resort Hotel/Restaurant Meal tax was initiated 15 in January 1989 to supplement funding for Resort Revitalization 16 improvements; 17 WHEREAS, actual revenues from the tax for the 1988-89 Budget 18 year were $982,544.00 short of the projected revenues; 19 WHEREAS, Resort Projects were adjusted to address the tax 20 shortfall, and improvements to the Boardwalk and Connector Parks 21 at the north end of the Resort Area were delayed; 22 WHEREAS, the Boardwalk improvements that were delayed would 23 have completed major improvements to the entire length of the 24 Boardwalk; 25 WHEREAS, following the delay of the Boardwalk improvements, 26 the Resort Area Advisory Commission and the Resort Leadership 27 Council encouraged completion of the improvements to ensure that 28 the momentum of Resort Revitalization is maintained and the 29 Boardwalk improvements are completed; 30 WHEREAS, the Boardwalk improvements at the north end of the 31 Resort Area have been released for bid and a low bid from a 32 qualified contractor has been received, 33 WHEREAS, in order to address the funding shortfall and 34 complete the Boardwalk improvements, City staff has recommended 35 that funding be transferred from existing Resort Area CIP 36 accounts ($130,000.00) and additional funds totalling $820,000.00 37 be appropriated from Resort Area Sand Replenishment CIP #2-077 38 for a total transfer of $950,000.00. 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 That the Council of the City of Virginia Beach hereby 42 authorizes the transfer of $45,000.00 from Streetscape 43 Demonstration CIP #2-067, $79,000.00 from City Gateway CIP #2- 44 054, $1,000.00 from Rudee Walk CIP #2-058; $5,000.00 from Museum 45 Park and Nature Area CIP #2-056, $820,000.00 from Resort Area 46 Replenishment Project CIP #2-077; for a total transfer of 47 $950,000.00; $332,500.00 transferred to Oceanfront Connector 48 Parks CIP #2-066; and $617,500.00 to Boardwalk Revitalization CIP 49 #2-048. 50 Adopted this 6th day of November, 1989, by the council of 51 the City of Virginia Beach, Virginia. 52 RMB/dga 53 res2.ord 54 11-1-89 55 CA-3523 2 - 27 - Item V-G. 7. CONSENT AGENDA ITEM # 32018 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED: LOW BIDS: VICO CONSTRUCTION Landstown Suction Main $866,876.45 CORPORATION (CIP 5-713) NORTH LANDING LINE Resort Streetscape- $622,220.34 CONSTRUCTION CO. Virginia Power Conduit Section 11, Phase I (CIP 2-049) CHESAPEAKE BAY City Gateway Project $442,981.30 CONTRACTORS Road Improvements Project (2-054) ASPHALT ROADS & 1989-90 Bituminous $465,586.50 MATERIALS CO., INC. Concrete Schedule for Completed Utility Projects - Contract III 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 - 28 - Item V-G.8. CONSENT AGENDA ITEM # 32019 Upon motion by Vice 14ayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $21,542.47 upon application of certain persons and upon certification of the Commissioner of the Revenue. 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 @lembers Absent: None FORM NO. C.A. 8 REV, AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Isreal Aircraft Service Inc. P. 0, Box 12604 1987/88 Audit 16,793.36 16,793.36 MCAS Yuma, AZ 85365 Certified as to Payment: ,z @@ 4"@rt P. Vaughan & Commissioner of the Revenue Approved as to form: e@slie L. Lillev City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1 6 , 7 9 3 . 3 6 were approved by the Council of the City of Virginia Beach on the 6 day of November .1989 Ruth Hodges Smith City Clerk FMM NO. C.k 6 RrV. WW AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissionbr of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Baker, Emrnett E. 1989 9/1/89 30.00 30.00 T/A E. E. B. Electric 219 E. Bayview Blvd. Norfolk, VA 23503 CMS Roofing & Sheetmetal Co. Inc. 10088 Tyler Place 1985/88 Audit 480.00 480.00 Ijamsville, MD 21754 Davenport, Charles & Riggs, David T/A Diamond Masonry 1988 Audit 244.77 244.77 3584 Camt.)ion Avenue Virginia Beach, VA 23462 Certified as to Payment: @obert P. Vaugh-an Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the 6 day of November 89 19 Ruth Hodges Smith City Clerk FMM NO. C... 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: Uicense Date Base Penalty Int. Total NAME Year Paid East Atlantic Ltd. 1986/89 Audit 139.55 139.55 T/A Mid Atlantic Typewriter Service P. 0. Box 9738 Virginia Beach, VA 23450 Hillhaven Corp. 1988/89 Audit 747.79 747.79 T/A Medicenter of America Inc. 3801 Old Wake Forrest Road Raleigh, NC 27609 Honey Bear Day Care Ltd. 1609 Wildwood Drive 1988 Audit 78.00 78.00 Virginia Beach, VA 23454 Certified as to Payment: @-It P. Vaughan Commissioner of the Re @nue Approved as to form: 'Leslie L. Li This ordinance shall be effective from date of City Aftorney adoption. The above abatement(s) totaling $ C, 6 5 - 3 4were approved by the Council 6 November 89 of the City of Virginia Beach on the- day of '19 - Ruth Hodges Smith City Clerk FORM NO. C.& 0 REV, M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Komornik, Ronald C. 1988/89 Audit 30.41 30.41 T/A R & J Enterprises 27 Bluebird Court Littleton, NC 27850 McLaughlin, David W. 1988 Audit 770.06 770.06 T/A McLaughlin Construction 312 Honey Locust Way Chesapeake, VA 23320 Morissette, Gregory J. 1988 Audit 189.58 189.58 T/A Morissette Construction 2064 Trumbull Court Virginia Beach, VA 23464 Certified as to Payment: @rt P. Vaughan Commissioner of the Revenue Approved as to form: @esiie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ q 1) 0 - 0 9 were approved by the Council of the City of Virginia Beach on the day of November '19 89 Ruth Hodges Smith City Clerk FOW NO. C.A. 8 REV@ 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Mullen Foods Inc. 1989 Audit 288.88 288.88 T/A Pizza Movers 1818 Delaney Street Virginia Beach, VP. 23464 Out-Back Design Inc. 1987/88 Audit 99.78 99.78 209 Narragansett Drive Virginia Beach, VA 23462 Oxidizers Inc. 1986/88 Audit 260.35 260.35 1336 Penguin Circle Virginia Beach, VA 23451 Certified as to Payment: @ert P. Vaugh@n Commissioner of the R e@ue Approved as to form: ,teslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $ 649.01 were approved by the Council of the City of Virginia Beach on the6day of November .19 89 Ruth Hodges Smith City Clerk FORM NO. C.& 0 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Passport Realty Ltd. 1988 Audit 31.71 31.71 4081 Joshua Court Virginia Beach, VA 23462 Perr)etual Enterprises 1989 Audit 20.70 20.70 T/A Thalia Pizza Shop 2224-A West Berrie Circle Virginia Beach, VA 23455 Sandbridge @larket Inc. 1988/89 Audit 1,321.67 1,321.67 2212 N. SandpiT)er Road Virginia Beach, VA 23456 Stop-N-Save Inc. 1988 Audit 15.86 15.86 6610 Fordwick Drive Norfolk, VA 23518 Certified as to Payment: bert P. Vaughan Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1 , 3 8 9 . 9 4 were approved by the Council of the City of Virginia Beach on the day of 19 go Ruth Hodges Smith City Clerk - 29 - Item V-H. 1. UNFINISHED BUSINESS ITEM # 32020 Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council ADOPTED: Resolution establishing the salary of the City Attorney, Leslie L. Lilley, effective October 31, 1989, at $64,400.00. 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 1 2 RESOLUTION ESTABLISHING THE SALARY 3 OF THE CITY ATTORNEY 4 BE IT RESOLVED, effective October 31, 1989, that the 5 annual salary of the City Attorney under the City's Executive Pay 6 Plan shall be $64,400.00. 7 Adopted by the Council of the City of Virginia Beach, 8 Virginia, on this 6th day of November, 1989. 9 LLL/clb 10 11/06/89 11 CA-3535 12 SALARY.RES - 30 - Item V-I. 1. NEW BUSINESS ITEM # 32021 The Interim Financial Statement for Period July 1, 1989, through September 30, 1989, distributed to Members of City Council, is hereby made a part of the record. Vice Mayor Fentress commended Giles Dodd, Assistant City Manager for Administration, for the excellent Financial reporting. - 31 - Item V-I.2. NEW BUSINESS ITEM # 32022 ADD-ON Councilman Moss referenced his letter to Members related to the "TURN OF THE CENTLJRY STRATEGIC PLANNING COMMITTEE" on the Public Education System. Councilman Moss requested the Members of City Council provide him with their constructive criticisms, so he can be assured of accurate communication to the Committee. November I - 32 - Item V-I.3. NEW BUSINESS ITEM # 32023 ADD-ON Mayor Oberndorf reminded all citizens to vote, Tuesday, November 7, 1989. - 33 - Item V-I.4. NEW BUSINESS ITEM # 32024 ADD-ON The City Manager referenced the BRIEFING earlier by the Consultants, Linton, Mields, Reisler and Cottone, relative REGIONAL PROPOSALS FOR FINANCING OPTIONS FOR HIGHWAYS. This BRIEFING will be SCHEDULED under NEW BUSINESS during the Formal Session of November 13, 1989, to enable viewing by the public - 34 - Item V.J.I. ADJOURNMENT ITFkl # 32025 Upon motion by Councilman Heischober and BY CONSENSUS, City Council ADJOURNED the Meeting at 3:30 P.M. Beverly@. Hooks Chief Deputy City Clerk R'uth Hodg-es Smith, CMC City Clerk City of Virginia Beach Virginia