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HomeMy WebLinkAboutJUNE 19, 1989 Cit@ C:)f @ir-wiraiel "WORLD'S LARGEST RESORT Crff" CITY COLJNCIL MAYOR M@EM E OW@@W, VICE -- .-@Rl -@Rl ]..l A, -U., B@-- -RO- @El@.O.@, .@ M HENUY, P.@@ 10.1 --ill, I-CY . @@R. A, L-, J.., , -Y, ,- --@ Wll- . -OMS, JR, 281 CITY HALL BUILDING MUNICIPAL CENTER A-1 V --, J.,, li@, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 234m-@2 1 D@ I.SOI, A,- (804) 427-4303 RUTH HO@ES $MffH, C.Cl-, @i,, June 19, 1989 ITEM 1. WETLANDS TOUR 9:00 AM ITEM 11. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM A. CONSTITUTION DRIVE C. Oral Lambert, Jr., Director, Public Works B. CERTIFICATE OF OCCUPANCY William Macali, Assistant City Attorney C. JUDICIAL CENTER Giles G. Dodd, Assistant City Manager for Administration ITEM 111. COUNCIL CONFERENCE SESSION - Conference Room - 12:45 PM A. CITY COUNCIL CONCERNS ITEM IV. INFORMAL SESSION - Conference Room - 1:15 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding 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 Jim Snow Pastor, Scott Memorial United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. MINUTES 1. INFORMAL & FORMAL SESSIONS - June 12, 1989 E. PUBLIC HEARING FY 1989-90 SCHOOL BUDGET Proposed Increase F. PUBLIC HEARING DEVELOPMENT FEES Ordinances for Authorization G. RESOLUTIOWORDINANCES 1. Resolution approving the issuance of Industrial Development Revenue Bonds: HERMES ABRASIVES, LTD. $1,800,000 2. Ordinance REENACTING the Development Fee Ordinances passed by City Councl I on May 15, 1989, in confor-mity with the provisions of Section 15.1-29.14 of the Code of Virginia. 3. Ordinance to TRANSFER $13,867 frorn the FY 1989-90 Reserve for Contingencies to the Office of Environmental Management for a Natural Areas Inventory. 4. Ordinance to TRANSFER $50,440 from reserve for contingencies to the Economic Development FY 1989-90 Operating Budget for the establishment of an Economlc Development Project Coordinator position. 5. Ordinances, upon FIRST READING, to APPROPRIATE: a. $1,642,000 tor the FY 1989-90 School Textbook Rental Fund Budget. b. $8,363,985 for City of Virginia Beach School Programs funded by Special Categorical Grants for school year 1989-90. c. $11,502,501 for the FY 1989-90 School Cafeteria Enterprise Fund Budget. d. $334,450 for the FY 1989-90 School Athletic Enterprise Fund Budget. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an Item is rernoved frorn the Consent Agenda, it wi I I be di scussed and voted upon separately. 1. Ordinance to AMEND and REORDAIN Section 6-121 of the Code of the City of Virglnia Beach, Virginia, re reckless boating. 2. Ordinance to AMEND and REORDAIN Section 7-11 of the Code of the City of Virginia Beach, Virglnia, re restrictions on renting Mopeds. 3. Ordinance to AMEND and REORDAIN Section 23-42 of the Code of the City of Virginia Beach, Virginia, re the concealing, destroying, et cetera of City RGcords. 4. Annual Ambulance Per-mit Renewal for area private, municipal and non-profit organizations, pursuant to Section 10.5-2 of the Code of the City of Virginia Beach, Virginia: a. Norfolk General Cardiac Diagnostic Unit b. Chlldren's Hospital of the King's Daughters c. Norfolk Paramedical Rescue Services d. Nightingale Air Arnbulance e. City of Chesapeake Fire/EMS f. Central Virginia Arnbulance Service g. Tidewater Ambulance Service h. Medical Transport, Inc. 5. Ordinance, upon FIRST READING, to APPROPRIATE $1,447,484 to the Department of Public Utilitles due to an Increase In the rate of water purchased frorn the City of Norfolk. 6. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $8,196 Grant frorn the Virginia Department of Housing and Community Development for an Emergency Home Repair Program. 7. Ordinance, upon FIRST READING, to APPROPRIATE $167,500 of funds in the School Site Acquisition Fund; and, TRANSFER the funds to the project account for the future construction of Ocean Lakes High School. 8. Ordinance to TRANSFER $1,590,000 between categories in the FY 1988-89 School Operating Fund to cover unanticipated expenditures and to Increase estimated revenues by $280,000 in the textbook rental fund as a result of these transfers. 9. Ordinance to TRANSFER $110,000 to Project #2-079 International Parkway Improvements to cover Sidewalk Construction Expenses. 10. Ordinance to TRANSFER $550 from the General Fund's Reserve for contingencies to the Police Chief's Division for reimbursement of legal expenses Incurred by a City Empfoyse In the performance of his duty. 11. COST PARTICIPATION AGREEMENT: HOLLAND WOODS (CIP 5-306) Water $26,369.00 (CIP 6-316) Sewer $ 71483.00 12. Ordinance declaring property (3561 Shawn Court) excess and authorizlng the City Manager to dispose of same. Deferred January 30, 1989 13. BINGO/RAFFLE PERMITS FIRST COLONIAL BAND BOOSTERS Bingo HUMANA HOSPITAL BAYSIDE AUXILIARY Raffle SONS OF ITALY (ROMA LODGE) Raffle VIRGINIA BEACH SPCA Raffle 14. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BEACH LIMOUSINE SERVICES, INC. 15. Ordinance authorizing tax refunds In the amount of $1,499.27. 1. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS SOCIAL SERVICES BOARD SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION TIDEWATER COMMUNITY COLLEGE BOARD TIDEVIATER REGIONAL GROUP HOME COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Interim Financial Statements for the period of July 1, 1988, through April 30, 1989. L. ADJOURWENT cmd 6/15/89 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 19, 1989 The CITY MANAGER'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall on Monday, June 19, 1989. at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Nancy K. Parker and William D. Sessoms Council Members Absent: Barbara M. Henley (ENTERED: 11:58 A.M.) Mayor Meyera E. Oberndorf (U.S. CONFERENCE OF MAYORS, Charleston South Carolina) John L. Perry (ENTERED: 1:30 P.@l. conferring with wife's physician) - 2 - C I T Y M A N A G E R 'S B R I E F I N G CONSTITUTION DRIVE 11:00 A.M. ITF14 # 31377 C. Oral Lambert, Director of Public Works, advised the Constitution Drive Alignment first appeared on the MASTER STREET AND HIGHWAY PLAN in 1982. At that time, it was conceived of as a straight forward extension of Edwin Drive directly over Route 44 tying in on the Pembroke side. In 1985, City Council ADOPTED a Resolution requesting the Virginia Department of Transportation establish the Constitution Drive Project as a VDOT funded project and it appeared in the 1984-88 CAPITAL IMPROVEMENT PROGRAM. Numerous meetings have been held on the Constitution Drive Project, with much interface between VDOT and City Staff. A FORM@AL PUBLIC INFORMATION MEETING was held by the Virginia Department of Transportation on September 1, 1989, where the Public was introduced to the various alignments under consideration. In January, 1989, the official Alignment Public Hearing was held for the Constitution Drive Project. Four alignments were presented to the public of which the graphics are available: Alignment I Curved across the lake and went to the west side of Edwin Drive. Alignment 1A More direct alignment, directly across the lake and stayed primarily on the east side of Edwin Drive. Aligrunent 2 - Went of f at a narrower point across the Lake and again paralleled behind Edwin Drive through this office complex. Alignment 3 - Studied to determine the feasibility of keeping all portions of Constitution Drive totally off of the Park Site. Alignment 4 - Combination of features of Alignment I and IA. This alignment essentially took the curve associated with Alignment 1 and shifted it across the Mount Trashmore Lake at a narrow point, span the existing parking facility at Mount Trashmore Lake and build a bridge so the parking area could continue to be utilized underneath the bridge. Concurrent with the process of studying the alignments was the Pembroke Area Transportation Analysis conducted by Frederick R. Harris. Prior to the PUBLIC HF-ARING on January 25, 1989, two things occurred. One was based on the Pembroke Area Transportation Analysis, it was determined to attain the desired level of service, a grade separated interchange was required at South Independence Boulevard and Ilolland Road and a grade separated interchange was required at Bonney Road. Frederick R. Harris suggested a fifth alignment (Alignment 4). A copy of the transcript of the PUBLIC HEARING will be made available. All of the information has been reviewed by the Virginia Department of Transportation and they have recommended Aligriment 4 as the selected alignment for the Constitution Drive Project. VDOT has requested City Council ADOPT a Resolution agreeing with that alignment and allowing them to proceed with the next step, the design of the project. Once this Resolution is ADOPTED, it would be taken by VDOT staff to the Transportation Board for action as a recommended alignment and the State would then be authorized to proceed with design. This would also enable the City, under certain circumstances, to consider advance right-of-way acquisition while it is under design. June 19 1989 - 3 - C I T Y M A N A G E R 'S B R I E F I N G CONSTITUTION DRIVE ITEM # 31377 (Continued) C. Oral Lambert, Jr., cited the letter of C. A. Nash, Jr. , District Engineer, "This alignment meets the needs of the Transportation System, provides the local communities with as much buffer zone as possible, does the least amount of damage to the commercial and industrial properties and provides an aesthetically pleasing alignment which will minimize disruption to the facilities of Lake Trashmore. C. Oral Lambert further quoted Staff's analysis: "The importance of the visual impact of the project is a major design element and has weighed evenly on the selection of the recommended final alignment. In fact, contributing significantly to the selection of the recommended alignment is the visualization that a moderately curved structure across a narrow area of the Lake will be more attractive and will have less of a negative impact on the Park and Recreational activities then would an alignment cutting directly across the Lake at one of its widest points." The concern expressed by the public during the Public Hearing can be generalized in two major areas of concern: (1) The alignment shall be kept as far away as feasible from the residents of their community. (2) The potential negative impact to the project on Mount Trashmore. The alignments are very limited due to the density of the area. The Staff recognized if Alignment 4 was selected, more must be accomplished than traditionally with bridge projects to blend more with the Mount Trashmore Park. VDOT has embraced that concept and has commissioned work in the way of exploring different concepts. These have been depicted by a rendering. A bridge has been superimposed over Mount Trashmore which might have a brick facade, a thin line bridge, a low level bridge that is high enough to allow transportation at the roadways to get under the bridge and high enough over the park to allow recreational use under the bridge. This particular rendering is not intended to represent what the bridge will resemble, just the State's willingness. The State has indicated their willingness to engage the services of a bridge architect to suggest design features to blend with Mount Trashmore Park. This project is estimated to cost over $40-MILLION. Louis Grimm, Consultant with Frederick R. Harris, reiterated the impact of the Constitution Drive Project and provided statistics. With the utilization of a graphic, Louis Grimm, illustrated an estimate of the daily two-directional traffic volumes crossing Route 44 with four (4) possible crossing points: Witchduck Road, Independence Boulevard, Constitution Drive and Rosemont Road. With the Constitutional Drive Flyover in place, there would be approximately 27,000 vehicles on a two-way daily basis. Considering the four arterial streets, the total volume across the line would be approximately 184,000 two- way vehicle trips per day. If the Constitution Drive Flyover were not created, there would not be a significant change in the total volume (183,800) of traffic across Route 44. There would be the same demand, just shifted to different streets. The largest portion of the traffic with a desire to use Constitution Drive would shift over to use the Independence Boulevard Corridor. Approximately 94,000 vehicles a day along Independence Boulevard, even assuming if this were upgraded to an 8-lane arterial is much more traffic then a road like that can comfortably carry. The volume projected to be there at approximately 70,500 vehicles a day, assuming Constitution Drive is in place, is approximately where the volume of traffic should be held for an eight-lane surface arterial street. Part of the Consultant's recommendation was to effectively cut out from the arterial street system, the section of Independence Boulevard from Jeanne Street, north to Constitution, maintain this as a two-lane residential collector street and redirect the major flow of traffic up Constitution when it crosses Virignia Beach Boulevard, swing it to the left along the Jeanne Street corridor and then blend it back into Independence at the Jeanne Street/Independence Intersection. Thus, keeping as much traffic as possible out of the residential neighborhood. June 19, 1989 - 4 - C I T Y M A N A C E R 'S B R I E F I N G CONSTITUTION DRIVE ITEM # 31377 (Continued) Bob Morris advised during the Public Hearing of January 1989, there was no consideration at this particular point of any type of facade or different treatment of the structure. Estimates have been obtained of that possible cost, if this were selected to be added to this proposal. Estimates have also been obtained for a ramp letting the traffic off of the bridge onto Independence. With the addition of these items, Bob Morris, Virginia Department of Transportation, reiterated the following estimates: Alternative 1 $39.2-MILLION Alternative 1A $40.2-MILLION Alternative 2 $37.8-MILLION Alternative 3 $50.8-MILLION Alternative 4 $40.6-MILLION (The aforementioned also include an interchange at Bonney) PUBLIC COMMENT and Resolution recommending Aligriment 4 Constitution Drive (CIP 2-007) shall be SCHEDULED for the City Council Meeting of June 26, 1989. Councilman Moss requested information relative the $52-MILLION cost as it relates to the economic tax base. June 19, 1989 - 5 - C I T Y M A N A C E R 'S B R I E F I N G CERTIFICATE OF OCCUPANCY ITEM # 31378 12:00 NOON William Macali, Assistant City Attorney, distributed a copy of the proposed Certificate of Occupancy Ordinance. This Ordinance is in final form with the exception of a definition clarification of ,owner". There have been further meetings with representatives of the Council of Civic Organizations, the Tidewater Builders Association, the Tidewater Multi-Family Council, the Board of Realtors and the Chamber of Commerce. In any area of the City designated as a Special Emphasis Area, property cannot be vacated and reoccupied by new tenants until a Certificate of Occupancy has been issued. The requirement for a Certificate to be issue has not changed. The property must comply with all applicable housing codes. A subsection has been inserted requiring the City Manager to review the designation of a Special Emphasis Area on an annual basis. A provision has been inserted requiring the City Manager to set forth, in writing, reasons for designating an area as a Special Emphasis Area. This designation would be based on criteria established by the proposed Ordinance. An owner will call the city requesting inspection of the property. There will be no fee for an initial inspection. If the initial inspection reveals certain violations exist and a reinspection is requested and the violations have not been corrected, a fee of $25.00 will be charged. If the violations have been rectified at the time of reinspection, there will be no fee. In a situation where the property may not completely comply with all the Code requirements, there are certain circumstances where a temporary Certificate of Occupancy can be issued. This allows the property to be occupied, but also requires the owner during the period of occupancy and within a certain designated time to make all the repairs bringing the property up to code. A Temporary Certificate of Occupancy is issued if the required repairs can reasonably be accomplished within a period of 60 days, performed safely and without undue convenience to the occupants of the property and the condition of the property itself does not constitute a health or safety hazard. If the property requires more than 60 days for repair or repairs are such to render same inhabitable, or the defects are dangerous conditions, the Certificate of Occupancy will not be issued. Property which constitutes a health or safety hazard should not be occupied. Any person aggrieved of any determination or decision of the director made pursuant to this section shall have the right to appeal such determination or decision within twenty (20) days to the Board of Building Code Appeals. Notice of such appeal shall be in writing, shall specify the grounds of appeal, and shall be mailed or delivered to the director. All proceedings before the Board shall be in accordance with the provisions of the Virginia Uniform Statewide Building Code. A Certificate of Exemption shall be issued if, and only if, all of the following criteria have been met: The dwelling units to which the Certificate of Exemption applies are contained in a unified multiple-family dwelling development having no less than twenty (20) units, in which development a property manager or property management entity performs, or causes to be performed, regular maintenance of the property Written application for a Certificate of Exemption has been made to the Director of flousing and neighborhood preservation by the management or owner of such development The management or owner has allowed the inspection by city housing inspectors of not less than fifty per cent (50%) of the vacant dwelling units, with a minimum of one (1) and a maximum of ten (10) units, contained in such development. If no units are vacant, such inspection shall be performed upon a unit chosen by the inspector, but shall be subject to the consent of the occupant. June 19, 1989 6 C I T Y M A N A G E R 'S B R I E F I N G CERTIFICATE OF OCCUPANCY ITEM # 31378 (Continued) No material and substantial violations of any applicable ordinance, regulation or standard pertaining to a condition of housing exist within any of the units so inspected, or the interior of any building or upon the exterior of the property of the development. BY CONSENSUS, City Council will SCHEDULE the Certificate of Occupancy Ordinance for the City Council Meetin-. of July 3, 1989. June 19, 1989 - 7 - C I T Y M A N A G E R 'S B R I E F I N G JUDICIAL CENTER 12:40 P.M. ITEM # 31379 Giles Dodd, Assistant City Manager for Administration, advised the Judicial Center was approved in the present CAPITAL IMPROVEMENT PROGRAM at a total cost of $31.9-MILLION. The expansion of the heating plant and the pump station was not included in this amount. Judicial Center $31.9-MILLION Heating Plant Expansion $ 3.2-MILLION Pump Station $ 275,000 $34,767,000 TOTAL COST The following resources/revenues were determined to be available to help fund debt service and other costs related to the project: Pre-paid fines Rentals from State Offices Available Local Funds Interest on surpluses Juvenile Probation administrative cost savings Juvenile Probation rental cost savings Giles Dodd described the Four Scenarios of Construction: SCENARIO I (Phased Option) Financing of construction costs From COP Issue $32,661,571 From available local resources 4,860,502 $37,522,073 COP issue (Comprises two COP issues - $34,750,000 $6,725,000 in February 1990 and $28,025,00 in September 1991.) Net debt service $58,099,293 COP maturities $ 6,725,000 issue FYs 1991-2010 $28,025,000 issue FYs 1992-2012 The J & DR building, pump station and a portion of the central plant would begin November 1989 and finish December 1990. The remainder of the project would begin July 1991 and finish June 1993. June 19, 1989 - 8 - C I T Y M A N A G E R 'S B R I E F I N C JUDICIAL CENTER ITEM # 31379 (Continued) SCENARIO II (Accelerated Option) Financing of construction costs From COP issue $29,967,000 From available local resources 4,800,000 $34,767,000 COP issue (issued February 1990) $32,285,000 Net debt service $53,744,396 COP maturities FYs 1991-2010 Construction of the entire Judicial Center would begin September 1989 an finish August 1991. SCENARIO III (Delayed Option) Financing of construction costs From COP issue $33,042,443 From available local resources 4,860,502 $37,902,945 COP issue (issued September 1991) $35,010,000 Net debt service $58,595,238 COP maturities FYs 1992-2012 Preliminary sitework, roadwork and the pump station would begin September 1989 and finish May 1990. The judicial center and central plant would begin 1991 and finish June 1993. SCENARIO IV (Continue as now) Construction would be postponed indefinitely. The City would be faced with the perennial acquisition of modular units. June 19, 1989 - 9 - C ON C E R N S OF T HE C IT Y MANA GE R ITEM # 31380 The City Manager distributed a copy of a video relative the Virginia Beach tourist industry. This video was shown on Channel 12 in Richmond. ITFII # 31381 The City Manager referenced the WETLANDS TOUR and advised in order to provide all an ample opportunity to attend, another time could be SCHEDULED on Monday, June 26, 1989, from 2:30 P.M. to 4:30 P.@l. This particular time might be more convenient. June 19, 1989 - 10 - ITEM # 31382 The INFORMAL SESSION of the VTRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall Building, on Monday, June 19, 1989, at 1:18 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absen Mayor Meyera E. Oberndorf (U.S. CONFERENCE OF MAYORS, Charleston, South Carolina) John L. Perry (ENTERED: 1:30 P.M. conferring with wife's physician) - 11 - ITEM # 31383 Vice @layor Robert E. Fentress 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 or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 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 plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and John L. Perry* "Councilman Perry entered 1:30 P.M. June 19 1989 - 12 - F 0 R M A L S E S S I 0 N VIRGINIA BEACII CITY COUNCIL June 19, 1989 2:00 P.M. Vice Mayor Robert E. Fentress called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 19, 1989, 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (Representing the City at the U.S. Conference of Mayors in Charleston, South Carolina) TNVOCATION: Reverend Jim Snow Scott Memorial United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 19 1989 - 13 - Item V-D. 1. MINUTES ITEIM # 31384 Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of June 12, 1989, AS AMENDED. ITEM # 31363, Page 15 ORDINANCE UPON APPLICATION OF PERRY H. WOOD FOR A CONDITIONAL USE PEPMIT FOR A SINGLE FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT R06891227 Condition No. 2 shall be AMENDED as follows: 2. The City is not responsible for any public services on this property including but not limited - - - 1-4-4-g to road work, sewer or garbage collection. Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council @lembers Absent: Mayor Meyera E. Oberndorf June 19, 1989 - 14 - Item V-E. 1. PUBLIC HEARING ITEM # 31385 Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING: FY 1989 - 90 SCHOOL BUDGET Proposed Increase The following registered to speak: Colonel Robert Engesser, 5290 Vestry Drive, Phone: 499-3157 There being no further speakers, Vice Mayor Fentress CLOSED the PUBLIC HEARING. June 19 1989 - 15 - Item V-F. 1. PUBLIC HEARING ITFd4 # 31386 Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING: DEVELOPWM FEES Ordinances for Authorization There being no speakers, Vice Mayor Fentress CLOSED the PUBLIC HEARING. - 16 - Item V-G. 1. RESOLUTIONS/ORDINANCES ITEM # 31387 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council ADOPTED: Resolution approving the issuance of Industrial Development Revenue Bonds: HERMES ABRASIVES, LTD. $1,800,000 Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19, 1989 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: Hermes Abrasives, Ltd. 524 Viking Drive _Virginia Beach, VA 23~52 .Purchase of equipment for the manufacture of coated abrasives and ...the conversion of coated a~ras~va~ into belts and discs. $1,800,000 / Hermes Abrasives~ Inc. Norddeutsche Schleifmittel - Industrie Christiansen & Co. (Gmbh & Co.) 6. ZONING CLASSIFICATION: Presgnt zoning classification of the Property b. I~ rezoning proposed? c. If so, to what zoning classification? Yes N/A No X A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Adminis- tration Building, on the 19 day of June 1989. On motion by Councilman Sessoms and seconded by Councilwoman Parker the follow- ing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR HERMES ABRASIVES, LTD. WHEREAS, the City of Virginia Beach Development Authori- ty (the Issuer), has considered the application and plan of financing of Hermes Abrasives, Ltd. (the Company) for the issuance of the Issuer's industrial development revenue bonds in an amount not to exceed $1,800,000 (the Bonds) to assist in the financing of the Company's acquisition of equipment (the Equipment) for the manufacture of coated abrasives and the conversion of coated abrasives into belts and discs to be used in its manufacturing facility (the Facility) located at 524 Viking Drive in the City of Virginia Beach, Virginia, and owned by the Company, and has held a public hearing thereon on June 13 , 1989; and WHEREAS, the Issuer has recomrnended that the City Council (the Council) of City of Virginia Beach, Virqinia (the City), approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, and has authorized the City Manager to submit an application to the Virginia Department of Housing and Community Development requesting an allocation of $1,800,000 pursuant to Title 15.1, Chapter 33.2 of the Code of Virginia of 1950, as amended (the Virginia Code), with respect to the issuance of the Bonds; WHEREAS, a copy of the Issuer's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15.1-1378.2 of the Code of Virqinia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preamble to this Resolution are herebv adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority to assist in the financing of the Equipment for the benefit of the Company, to the extent of and as required by the Code. 3. The approval of the issuance of the Bonds, as required by the Code and Section 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Issuer shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Issuer shall be pledged thereto. 4. The City Manager is hereby authorized and directed to submit an application to the Virginia Department of Housing and Community Development requesting an allocation of $1,800,000 pursuant to the Virginia Code. 2 5. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 19, 1989 1 1989. 3 City Council Of Virginia Beach, V' . . Municipal Center irginia Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDIJSTRIAL REVENIJE BOND FINANCING April 13, 1989 Hermes Abrasives, Inc. Manufacturing Equipinent 1. Maximum amount of financing souglit $1,800,000 2. Estimatod taxable value, of tlle faci.lity's real property to be constructed in tlie municipality $ -0- 3. EstimEtted real propcrty tax per @,car using present tax rates " -0- 4. Estimated personal property tax per year using present tax ratos $ 10,200 5. Estimated merchaiits' capitai t@ix (business license tax) per year using l@resent tax rates $ -0- 6. Estimated dollar value per year of goods and services tliat will be purchased locally $ -0- 7. Estimated number of regular employees on year round basis 45 8. Average alinual salary per employee $ 18,700 The information contaiiied in this statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTI[ORI By I ECONOMIC IMPACT FOR BOND ALLOCATION REVIEW I I Economic Impact Statement 1 - Amount of investment $ 1 800 000 2. Amount of industrial revenue bond financing sought $ 1 800 000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 4. Estimated real property tax per year using present tax rate $ 5. Estimated personal property tax $ 10 200 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 45 B. Payroll generated $ 750 000 Av. Wage $ 8.00 per hour C. Number of jobs retained 306 D. Payroll retained $5,500,000- Av. Wage $ 8.64 per hour E. Estimate of the value of goods and services purchased within the qeographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Office and plant supplies $ 75,000 Landscape maintenance $ 4,000 Insurance $150,000 Utilities $300,000 $ F. Estimated building permit fee and other municipal fees NIA $ 2 G. Estimated construction payroll $ Estimated value of construction material to be purchased within the City of Virginia Beach $ Estimated nuniber of construction jobs Any other items of which the applicant feels the Authority should be made aware of in evaluating the project Hermes Abrasives, Ltd. is currently constructing an addition t Also, Facility using internal funds. he 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes x No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x No 10. Location of project (attach location map) ikin Drive Virpinia Beach, Virginia 23452 11. Explanation of alternative financing that has been reviewed for project Bank loan I hereby certify that the information stated in the above Economic Impact Statement is ccurate and true in all respects. 3 -4 Subsc rn to before me this /illi day of , @&4. i @ @l/- .1 @ilu / /@ ae(I .ta@y Pbiic My Commission Expires: @l q (C-l) J 14, l' 121 9 )- JECT TION', EANA PROJECT N@IE: nerines Abrasives, Ltcl. PROJECT ADDRESS: 524 Viking Drive Virgiiiia Beacil, VA 23,152 TYPE OF PROJECT: Manufacturing Equipment - 17 - Item V-G.2. RESOLUTIONS/ORDINANCES ITEM # 31388 Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Couiicil ADOPTED: Ordinance REENACTING the Development Fee Ordinances approved by City Council on May 15, 1989, in conformity with the provisions of Section 15.1- 29.14 of the Code of Virginia. AND, ADOPTED (adjustments to ordinances originally enacted on May 15, 1989): Ordinance to amend and reordain Section 1403(c) of the City Zoning Ordinance, of the City of Virginia Beach, Virginia, pertaining to applications for permits for wetlands." '@sets a maximum fee for wetlands applications at $1,000 for residential and $2,500 for non- residential applications. Ordinance to amend and reordain Section 8-32, 8-33, and 8-34 of the Code of the City of Virginia Beach, Virginia, pertaining to permit fees for plumbing permits, mechanical and gas permits and electrical permits."ll **deletion of a septic tank permit fee of $25.00. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Nancy K. Parker* and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and John L. Perry"ll Council Members Absent: Mayor Meyera E. Oberndorf "Verbal Aye **Verbal Nay APPROVED AS To CONTENTS APPPOVED AS TO LEGAL ORDINANCE REENACTING THE ELOPMENT FEE ORDINANCES PASSED BY TY COUNCIL ON MAY 15, 1989 IN FORMITY WITH THE PROVISIONS OF 5 SECTION 15.1-29.14 OF THE CODE OF 6 VIRGINIA 7 WHEREAS, the City Council of the City of Virginia Beach (the 8 Council) passed certain ordinances on May 15, 1989 (hereinafter 9 the May 15 ordinances), which increased various development fees, 10 which ordinances are attached hereto and incorporated herein by 11 reference; 12 WHEREAS, it was necessary that the May 15 ordinances be 13 effective immediately so as to comply with budgetary requirements 14 of State law; 15 WHEREAS, while it was necessary for the May 15 ordinances to 16 be effective immediately, the May 15 ordinances need to be 17 reenacted after advertisement and a public hearing as required by 18 Section 15.1-29.14 of the Code of Virginia; 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS: 21 The provisions of Section 15.1-29.14 of the State Code with 22 respect to advertisement and a public hearing having been complied 23 with, the May 15 ordinances are hereby approved, ratified and 24 reenacted. 25 Adopted by the City Council of the City of Virginia Beach, 26 Virginia, on the 19th day of June 1989. 27 KJC/dhh 28 06/14/89 29 CA-89-3328 30 \ordin\noncode\devfees.ord APP,IIOVFI) ORJ)-80 -1 86 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 33-71 AND 33-72, OP T[iE 3 CODE OF TIIE CITY OF VIRGINIA SEACH, 4 VIRGINIA, PERTAINING TO PERMIT, 5 INSPECTION AND GUARANTEE FEES 6 7 BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Sections 33-71 and 33-72 of the Code of the City 10 of Virginia Beach is hereby ametided and reordained to read as 11 follows: 12 13 14 Section 33-71. Schedule. 15 16 Minimum permit, inspection and guarantee fees for work 17 for which a permit is required by this article Shall be required 18 or not required in accordance with the following schedule: 19 20 Perntit and inspection minimum guarantee 21 Type of project fee fee 22 A. ENTRANCES: 23 1. Private777777777 24 (including teinporary 25 entrances, private 26 service roads, and 27 28 ditches ....... $1700$10.00 None. 29 2. Conunercial-.-.777-. 30 31 related to site plan 32 33 roads, tram roads, 34 coinmercial service 35 roads, and 36 37 38 construction $5700$25.00 Depos i t in accordance 39 with estimated cost. 40 41 42 43 p(5rary-privtite-ent- 44 -$5vOO e@@ - -i7ft C@@C 45 with-estim8ted-coat7 46 --4@ Service-road57777-. -$1700 Bt@i-L- - -i7n - -&C C@@ce 47 with-estimated-co5t7 48 --57 -$ITOO De@@--i7n--arec@@ce 49 with-estimnted-cost7 50 B. STRUCTURES: 51 1. Steps, sidewalks.. $1700$25.00 $25.00 52 2. Poles, unless 53 authorized by 54 frarichise or 55 certificate of 56 convenience and 57 necessity ...... $ 0.25 eacti witli Deposit in accordance 58 $5700$25.00 witli estimated cost. 59 min i Ill Ll Ill 60 3. Guys and/or 61 atichors, unless 62 authorized by 63 fraric[iise or 64 certificate of 65 convenience and 66 necessity ....... $ 0.25 each witli Deposit in accordance 67 $5700$25.00 witli esliiiiated cost. 68 mi ni niuni 69 4. Wire crossitigs, 70 including guy 71 wires, unless 72 autliorized by 73 frariciiise or 74 cerlificate of 75 corivenience and 76 necessity ..... $ 0.25 eacti witli Deposit in accordance 2 77 $5700$25.00 witli estimated cost. 78 iiliuiii 79 5. UiidergrOLind 80 i.i)stallatioiis, 81 unless authorized 82 by franchise or 83 certificate of 84 convc-iiiencc, and 85 riecessity ...... AcLual COSL ($5700 Deposit iii accordance 86 $25.00 iniiiirntiiii) with estitnated cost. 87 6. SLructures 88 (including 89 any of the 90 foregoing) 91 authorized by 92 franchise or 93 certificate of 94 convenience aj)d 95 necessity ..... None Noiie. 96 C. SPECIAL: 97 I-. Tree triinmiiig, 98 cutting or 99 spraying-.7-.-.-. 100 unless authorized 101 102 certificate of 103 convenience and 104 $5700$25.00 $25.00 105 (iniiiiinuni) 106 -27 Tret-trirhming- 107 and-cutting 108 atthorited-by 109 frmnchime-or 110 ill e(3nvemience-tind 112 neces@ity777-.7 None Home-. 3 113 D. MISCELLANEOUS: 114 All others ..... Actual cost Deposit in accordance 115 with estimated cost. 116 117 Section 33-72. Amount of inspection fees. 118 Except as to the iniiiiinum fees set forth in section 33-71, 119 inspection fees under tiiis article shall be the-@@- --of 120 maki:ng charged at the rate of forty dollars ($40.00) per hour. 121 Inspections made shall be those inspections necessary to assure 122 that the work is done in a.proper and orderly manlier. 123 124 An emergency is hereby declared, and this ordinance shall be 125 effective upon adoption. 1 26 127 Adopted by the Council of the City of Virginia Beach, 1 28 Virginia, on the lird day of 1989. 129 130 KJC/epirt 131 0 3/1 0/89 1 3 2 03/15/89 1 3 3 0 5/0 3/89 134 CA-03206 135 \ordin\proposed\33-071ETC.pro 4 APPrZOVED lf, tA 0 RD-S" I SC, 4 o roR AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 8-31 OF TIIE CODE OF THE 3 CITY OF VIRGINIA BEACII, VIRGINIA, 4 PERTAINING TO BUILDING PERMITS AND 5 BUILDING PERMIT FEES. 6 7 BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY Or VIRGINIA 8 BEACII, VIRGINIA: 9 That Section 8-31 of the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follo,,: 11 12 13 Section 8-31. Perinit fees - Building perniits. 14 15 (a) It shall be unlawful for any person to construct, 16 enlarge, alter, repair or demolish a any building or structure 17 18 reeju-Iti+,&d, by as defined in the Ulliform Statewide 19 Building Code, without first obtaining the- @ a building 20 permit therefor7 and paying the periiiit fees as-hereby-e!stabli:shed 21 and set ottt fortli in this section7 22 23 bui:4:ding-code. 24 (b) The miniinuiti fee for aiiy building perniit shall be 25 ten fifteen dollars F$IOTOOI .($15.00). 26 (c) For the construction of any building or addition 27 thereto where the floor area is increased and f o r th, 28 installation or erection of any industrialized building uiiit, the 29 fee shall be based on the floor area to be constructed, as 30 computed from exterior building diniensions at each floor, as 31 follows: 32 fll--Re5identialt 33 -f 34 up--t@- a-nd--i7n@@i7@--t@-thousand 35 36 37 38 b7 Fc)t--bwo--bhc)usand--(-270 0 01-@quare 39 40 t. h 4 1 f --be--@ie--hu@ted--twenty 42 4 3 t: hc)u!iand - -!3qtt ti r e- @et--pi u!S 4 4 f i ve- @ol-Ittr@ - -T@-- hu nd red 4 5 4 6 CT For - -E- @L- - -Hiou,@ltd- --0 GO-) -- tsq till re 47 f rte-- hu-rid-r-c-d-- L h@&nd 48 f L-he -- fet- 49 !5 h@ldr-e d---3@L y 50 dol -l-a-r@ - t he- -f-i7rnt 51 f 52 53 ee+--br--f-rtC@i7oM 54 thereoft 55 d7 1007000t 56 57 58 59 60 61 62 thereOE7-WithOUt-liMit7 63 64 65 66 67 be-- s 68 69 thereof-. 70 b7 71 72 73 74 dolltirm-f$140700)-for-the-fir5t-two 75 t: H(5ti!st% nd - -(-2-,-UOD-)- -!iq uti r e- -p4: U!i 2 7 6 mi x--del $6-. Ot)J--pt!r- -htt ndre c3 77 78 C7- Por--@rt - sqta tire 79 feet:--up---te--artd 80 81 82 dollarm-f$6207001-EC)r-the-firmt-ten 83 84 85 86 d 257000t 87 88 nd--i: h-r-c@- ned 89 3eventy-dollarm-f$17370700t-fOr-the 90 fir5t-twenty-five-thodsand-f2570001 91 N tl'd@@- - -f@&& t! - -P I 'd S- r 5 92 f $47OOt-p@--fit 93 94 95 ti 7 96 @n(I-@@-t:hottstind 97 f 1-iOOO) - 98 be-- 99 htind-r-@-t5tltitAr-&--feet--or--f-r-&c@ion 100 thereofv 101 b Po-r--c) n t!- -L-hou 5c nd- - (1- TO 0 0 -2tqtta r e 102 f e@-- up-- t@ - ti ti@- 4@Tl@-ti@i7rtg - -f-i7v e 103 t hou@m md- 5qua r e t he 104 f- @a-l- I --b e-- ts@rt t y- - m 105 f 106 107 t)Ol--r)er--httmdred 108 109 For --f-i-v& - -5-,-O"- - squet r e 110 fe et- -ttv - -t@ --t"yd- - -i tiCAdd4@- t we n t! y ill t hou!5a nd- -(-2 -1 3 11 2 fee--@h dii--be--L-h r ee--hun dr ed-- be n 11 3 f @--,c he --f-i7r.4 L- 11 4 f ive -@iotrjfmid--@STO 11 5 Ii @--per 11 6 htitid-r@-tstlu@-r@-f 117 ther&of7 118 dT P(5r-twenty-the3umdnd-f2O7OOOt-mcluart 1.19 120 121 fo 122 f -2,0-, 123 -meluare 1 2 4 f 125 limiL7 126 f4l--A.5sembly- 1 27 d Por - @l@-httnd @d - eet: 1 28 ti p-@@ - ti nd--i7rrel-@i7tM- t:h(ntt sand 1 29 t 1 7 0 0 0 1 - -@- e -!ihd I 1. 1 30 b e- - ts@rt --do 3-.@Y --re r 1 31 1 3 2 there(5E7 1 3 3 bT 1 3 4 1 3 5 1 36 1 37 138 f -l-,@O 139 1 4 0 141 Pdr --@i7Ve Ild-- l@, @iH--mcluti re 1 4 2 fee t: - @- t @ -dnd - -E @ f t:et-m 143 t hou fi a md- i -5-,-0 001- hc 1 4 4 1 4 5 d o-l-iti-I t- he--f-i7 r@ t: 14G f i7VL 5 7 0 0 0 f ee L- 1 4 7 -pe r 4 ld8 h timd-r@- 5,1-utt-r@-feet--or --f-r.ZtCL-iofi 1 4 9 1 5 0 151 @q tid r e- -feet- shd II 1 5 2 1 5 3 1 5 4 h o tt 3 a m 8 - u m 1 5 5 o u 1- I-a n h u n d r e d 156 or 1 57 158 f5t--StortigeT 1 5 9 -EeeL 1 6 0 1 6 1 162 be-four-doildrm-t$47001-r)er-hundred 163 1 6 4 b7 165 166 167 168 f$807001-for-the-fir!5t-two-thoumand 169 170 1 7 1 172 C Po@--f@@ee m ti-- 173 1 7 4 be - -f-t)u r- -hu ndre d- -:3 evem 175 176 177 I)101--per - -@nd red 1 7 8 MC1 Ut' r e- -or- - -f -r ti@4 @l- - the r eof 7 179 with(5ut-limit7 180 t6l--indtistrittIT 181 tt7 Por-@@ -ht+/-md @d -I ,eet! 182 u @ng - L ho ti!5a nd 183 f 5 184 185 186 b7 Pot-- bwo--L h(nd 58 nd- - @R 70 0 0 187 f ee+-- u@ - t@ -n-nd- - -i t+i-ng --F@ve 188 th ouma nd - t he 189 4ru-tid-r@ -dol3:art3 190 -f-o r - - + -1@ - -f- i7 r 7s@- - @-w o 191 t: h c tt!s a n d - -(-@-0 *@ -!3 cl tt a r e - --plus 192 o ti r - @ o 1- l-,It r:i - -@. O-O-)- - T)@- - h u n d r e d 193 1 9 4 POT - -f-i7ve - re 195 f e e L - 0-f - t,of@,- -t-@ -b t - L w 0 196 h d n d r ed- - bw e n t y - -d 0 1- let r m - - (-@ 2.2 0,7 0 0 1/2 197 for-the-Eirmt-five-thou@and-f576Oot 198 cl til"@ - 199 200 201 202 ti For-@-itttnd -feet 203 up- -t@ -er@ - -f-ive-- t! housa nd 204 205 be-four-dolitir6-f$47001-per-hundred 206 f'Llut, re- fee t! -0 r - E rtic t ic n- t he ree3f 7 207 POr--[-i7Ve 5q ua r e 208 f C,@- - @ - -i-rt n 209 t ht)U!Itl nd --(-l o-, -OD t: h c 210 bt- -@ - -iithid t@ -dt>l la r m 211 0 0 --f@r- - @h e-- f e 212 thou!ia -ficl ua -pi tt!i 213 th r ee 3 7 0 0 -Y --p@ -hu ndred 214 215 C P(5 r r e 216 f & et- -0 r,- hm-1-1- -be 217 h u-n-d r --&o 4 -1@r- 5 218 O@)- --E-o f -E- i7 r -s-t- - -t@ n 219 t hc3u ma nd- -"&)- @al@ -@t- -pi u 5 6 2 2 0 $-2-. f)01--per - -itttnd red 2 21 mq uti -r e- -f-tte L-- -f-t thereof 7 2 2 2 wit! ho tit-I ittii t- 2 2 3 224 e of Si.ze iti Base Additional 225 Bkiildiiig Periiiit ,c a (, PeeL Pee Rate Per 226 100 Sq Pt 227 228 229 (1) Residential 100- 2,000 - $6.00 230 2,000- 5,000 $120 5.00 231 5,000-100,000 270 4.00 232 100,000+ 4,070 3.00 2 3 3 234 @2 usiness/ 100- 2,000 - $7.00 235 iiiercantile -2,000- 10,000 $140 6.00 236 10,000- 25,000 620 5.00 237 25,0004- 1,370 4.00 238 239 (3) Institutions 100- 1,000 - $7.00 240 1,000- 5,00n 70 6.00 241 5,000- 20,000 310 5.00 242 20,000+ 1,060 4.00 243 244 00- 1,000 - $7.00 245 1,000- 5,000 $70 6.00 246 s 5,000- 15,000 310 5.00 247 15,000+ 810 4.00 248 249 L51 ra e 00- 2,000 - $4.00 250 2,000- 15,000 $80 3.00 251 15,000+ 470 2.00 252 253 (6) Iiidtistrial 100- 2,000 - $5.00 254 2,000- .-5,000 $100 4.00 255 5,000i 220 3.00 7 2 56 2 57 ( 7 liazardotis storagc@ I 0,0 - 5, 00 0 $ 4 . 0 0 258 or occupaiicy -5,000- 10,000 $200 3.00 259 1.0,0004 350 2.00 2 6 0 2 6 1 (8) Resideiitial 0- 1 , 0 0 0 - $ 4 0 0 262 accessory I,,OOOI $40 2.00 263 264 265 (9) l-'ariii buildii gs 0- 2 , 0 0 0 $ 3 . 0 0 266 2,000t $60 2.00 2 6 7 ra r iii buildiiigs i 1) s L i- i i c L i i i- e s stiall be S Li b j e c t to the 268 requireinents o f t h i secl ioti ; 1) r o v i d e d , tiowever, t I i a t farm 2 6 9 bliildiiiqs aiid structlires riot ti@,ed f(Dr re,@idential Purposes shall 27 0 not be sub-iect to the teclliiical r(-,qti i reiiieill-s of tile Virqil)ia 2 7 1 Unilot-iii Statewide lltiildinq Co-de. 272 273 fat(IO) Alteratic)ris, repairs, privat:e piers, btilkheads, pools, 214 elevators, cc)iiiniercial illterior fillisti, iiiiscellaneous structures: 2/5 a. For a valtialion of lesr, tlian oiie hutidred 276 dollars ($100.00), no fee sliall, be required, 277 uiiless aii inspL'cLioil is necessary, in whicl) 278 case Lliere sliall be a t:tn fifteerl dollar 279 f$107001 fee. 280 b. Tlie niiiiiiiiuiii fee shall be Len fifteen dollars 281 f$10700@ ($15.001. 282 C. For a valuatioil iip Lo five LIIOLlsatid dollars 283 ($5,000-00), tlie Eee stiall 1) L, teil dollars 284 ($10.00) per thotisatid or fractioil tilereof. 285 d. Por a valt'alioil tip Lo aiid iiiciudi.i)g tweilly 286 thousaiid dol,lars ($20,000.00), tile fee shall 2 8 7 L)e fifly doll,ars ($50.oo) for tile Eirst five 288 ttiousai)d d o I I a r s ($5,000.00) plus fivl 2 8 9 dollars $ 5 . 0 0 ) f o r eacti addi.tional 'Diie 29 0 ttiousarid dc)llars ($1,000.00) or f ractioii 291 LliereoE. 8 2 9 2 e For a valuation up I:o and incl.udifig one 2 9 3 liuiidred tilOLIsaild dollars ($100,000.00), the 294 fee sliall be oiie hundred Lwenty-fivL dollars 295 ($125.00) for tlie f i r s t twenty thousand 29 6 dollars ($20,000.00) plus four dollars 2 97 ( $ 4 . 0 0 ) f o r eacli additional thousand or 298 Eractioti thereof. 299 f. Por a valuation over one liuiidred tliotisaiid 300 dollars ($100,000.00) Llie Eec@ stiall be four 301 liundred forty-five dollars ($445.00) for the 3 0 2 f i r s t one liuiidred tliousand d o 1 1 a r s 3 0 3 ($100,000.00) pl.us ttiree dollars ($3.00) for 3 0 4 eacli addilioi)al tliotisatid or fraclioti thereof, 305 wittiout liiliiti. 306 f9f - - - Re@ g 307 re!sidentidi-bui+dingm@ 308 309 310 raelciom ill thereof - 312 b l@o r -on(+/- - t: hoti!iti rid- 17 0 0 0 @cltjti r f-e e L -or -ttior e 7 313 t! he - -Ee@ -iltti 1-1- --b@ - f o -@-4 0-.-0 0 EC5 r 3 1 4 t:h t! -@@ t,- -c)ne- --L-tiotr-itiiid- - 1 7 0 0 0 j @e t 315 ti nd -dc5l I ti r O-)- pe r - -liLHid t@ - tiqutt r e 316 ft!e t -or- f rtic @ ion - t: he r ec f -i -w i t! iic)LI t - I i mi t 317 fiOI-Ftftrm-build+n(ImT 318 tl7 270001 319 320 321 thereoE7 322 b7 3 2 3 3 2 4 3 2 5 326 327 (11) Moving of buildings or structures: 9 3 2 8 3 2 9 1(5ctit! ion -to- -ttritA4@-- -1 3 3 0 or --I ti 331 recluire --i t--t-@-bf---movcd ee 332 shmll-bc-fift!Y-doilmr!i-f$5070o)-. 3 3 3 b7 Por - -IN,3v i- ng - -of- -ti - -C) rye-@@-P -g ti r ng e - @ -el 334 one -5t:or y--tiCC@@t@ -IYLI i-I d i-nej- I i7vi ng 3 3 5 quti r the- -f-@et - -f -i-f -t@-do l la r 5 336 f$50700t-. 337 C Por- -L-htt -ai@ - bu-i-Id-i-r@-f7rntft--one 338 l oca tion - -iTl- -t-@ -c L-Y -,t@ -eitiot-ilt-@ in 3 3 9 340 3dl 342 d Po r - -t-t@--mov irtg - bui -ld i ng- t- he 3 4 3 e i c y--f-r@irt --n- - -locb+ -i OTI- -Ott L-M i d@ - t-0 3 4 4 a not: he r -ou t: m iti +he- -e i t y-, fee 3,15 m h@1-1-- - b@- @,ro -- h-u-ird r @-- -L-i- f -t-p - -d-o 346 f$2507001-. 347 d Po-r- - t h@ - -&n-p - -@i7l-d i n 9--f-rom--a 3 4 8 1 -@i7L-h @n - -L-he! -@ i: L-y - -L-0 - -a- - n 349 350 hundred-fifty-dc)llttrt5-f$25070017 351 Ev Po rom--tl 352 353 354 3 5 5 f 11-t!hr@ugh- (-20) 356 L-'or Llie iiiovin - ail btiildiiig or strLICture 3 5 7 illto, O(IL of, tllt-OLlgh or %4iLliin tlie city, tl)e 358 fee sliall be calctilated in accordaiice with 359 sectiori B-31(cl(l). 360 (12) DeinoliLioi)s: 361 a 7 1,0 r L ii e d eiiio 1 i L i o ii of a ii y r @-i-d &rt L- i ti -1 362 ti e @ s--@-y- - bAi@ -t@- - @ - - g a r ti tj r,- Ii u i I d i ii g or 10 3 6 3 strticture, the fee stiall be five twelity-five 364 dollars f$S-.00y ($25.00). 365 b P(n r -t@attti-I y- j- --t-+@ - f ee 366 :5ht2li-be-ten-c3olitirm-1 $1070017 367 C7 368 fee-mhttll-bc-twenty-dc)llbrm-t$2070017 369 370 371 dc)llars-t$25-.0017 372 fl-4t.(I.3). Signs: 373 a. Fees for LI)e erectioii, paiiiliiig, placing, 374 replacing, repai , liaiiging or relianging of 375 siglis no-t--@ t-ite-r-w i tS@ -tS-t@@i7 f--- 376 !iection stiall I,)e based oi) Llie Lotal surface 377 area of tc)tttl all sign faces, and stiall be as 378 follows: 379 ---------- 380 25-to-,49- ---------- 381 --------- -J82 ---------- 3 8 3 -100-to- ---------- 384 -300- tsqutire- f @ct- tifid- --------- 385 ---- 8700 386 (1) Siii(lle 3 8 7 4-32 squar-e f@eel ........... $ 4 0 0 0 388 33-75 sqLlare_fee.L ........... $ 6 0 0 0 389 76-150 square fe(-,t ......... $100.00 390 (2 ble fa@-@ns 391 4-32 square feet .......... $ 80.00 392 33-75 sguare feet .......... $1,00.00 393 76-150 sqtiare feet .......... $120.00 3 9 4 b The- -f ee- t he 395 ro(5-f--of 396 397 e.b- The fee for a periitil for tlie repair of a 11 3 9 8 billboard sliall be ten-@17 -f$107001/2 in 399 accordance witti sectiorl B-31(c)( o@ . 400 C. Fees for tlie erection, paiiltiiig, placifig, 401 repl.acin liaiigiiig elian ir)g of 4 0 2 teniporary @igiis sliall Y)e in all alliount equal 4 0 3 to otie-half (112) of tlie fee chargeable for 4 0 4 peritianenl sigiis of lik-e size. 405 ti5t(14) Penalty: If aiiy coristructioii, alteratioii, repair, or 406 other work reqlliring a periiiit iiiider Lhis article is coiiiiiienced 407 before said periiiit is sectired aiid fee paid for saine, a pelialty of 408 fifty dollars ($50.00) stiall [)e addcd to Llie Eee due. Payntent oE 409 sucli petially sliall noL in atiy way i-elieve ttie violator of any 410 criininal prosectitiozi. 411 4 1 2 churche5-@-+m-i-ld-i n@--Ltm@d r 4 1 3 414 occdpttnCY7 4 1 5 f 1-71 ( 1 5 ) Teii Ls Tents and ollier teiiiporary slructures periiiil fee 416 shall be Eifteeii dollars ($15.00). 417 fiBt(16) Reinspection fee: Tliere shall be a iiiiiiiiiiutii of ten 418 dol-leiTm--(-FjIO704)-) twetily-fi.ve do.l,lars ($25.00) additiojial fee 419 cliarged for eacti reinspection. 4 2 0 ti9f(17)- Appeal: 'I'he fee for subiiiiLLiiig ati appeal to ttle board 4 2 1 of buildiiig codl appeals sliall be Lweiity-five dollars ($25.00). 422 Such fee shall be paid by Lile appellailt. 423 f2Ot(18) ReconiiecL or cliange of use: 'I'liere sliall be a iiiinimum 424 fee of twenty dollars ($20.00) for each itispection. 425 (19) AI)plication for septic tank soil evaluation: 4 2 6 The fee sha e of 4 2 7 ve 4 2 8 perinit sliall beiSS Lled willi no addilional Eee. 429 12 4 30 4 3 1 AdopLed by Llie Couiicil o[ Llie City of Virginia Beacil, 4 3 2 Virginia, on the day o[ 1989. 4 3 3 434 KJC/WMM/epin 435 07/23/87 4 3 6 08/10/87 4 3 7 08/17/87 438 03/09/89 4 3 9 03/15/89 440 04/05/89 441 CA-02363 442 \ordin\proposed\08-031.pro 13 AppROVED AS TO CONN"T 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 21-205 OF TIIE CODE OF THE 3 CITY OF VIRGINIA BEACII, VIRGINIA, 4 PFRTAINING TO SPECIAL PERMITS FOR 5 OVERSIZE AND OVERWEIGIIT VEIIICLES 6 CENERALLY 7 8 BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 21-205 of the Code of the City of Virginia 11 Beach is hereby amended and reordained to read as follows: 12 13 14 Section 21-205. Special permits for oversize and overweight 15 vehicles generally. 16 17 (a) The city manager may, in his discretioll, upon 18 application in writing accompanied by a fee of twenty-five 19 ($25.00) dollars to cover the cost of processing the application, 20 except for the perntits referenced below, aild good cause beijlg 21 shown therefor, issue a special permit in writing authorizing the 22 applicant to operate or move a veliicle upon the highways of the 23 city of a size or weight exceeding the inaxim@ufn specified in this 24 article. Except as otherwise specifically provided, every such 25 permit may designate the route to be traversed and contain any 26 other restrictioiis or conditions deemed necessary by the city 27 manager. 28 (b) Special permits to operate or move a vehicle upon 29 the highways of the city of a weight exceeding the maximum 30 specified in this article shall be granted without cost wliere the 31 vehicle is hauling or carrying containerized cargo in a sealed, 32 seagoing container bound to or froin a Virginia seaport and has 33 been or will be transported by niarine shipinent, provided the 34 single axle weight does not exceed twenty thousand (20,000) 35 pounds, the tandem axle weight does not exceed thirty-four 36 thousand (34,000) pounds and the gross weight does not exceed 37 seventy-eight thousand (78,000) pounds, and provided the contents 38 of sucli seagoing container are not changed froill the tinle it is 39 loaded by the coiisignor or his agents to the tiine it is delivered 40 to the consignee or his agents. Cargo itioving in vehicles 41 conforming to specifications sliown in this subsection but 4 2 exceediiig axle aiid gross weiglit Iiiriitatiotis shown in this 43 subseclion shall be coiisidered irreducible ai)d eligible for 44 perinits under regulalioris of ttie state liigliway aiid transportation 45 coiiiiiiissioli. 'I'lie reqtiireiiiciil of Lti!L; pat'agrzipli that Lile colitztiiler 46 be bound to or frorii a Virginia seaport need not be riiet if the 47 cargo in tiie coiilaiiier (i) is destined for a seaport outside 48 Virginia atid (ii) coiisisls wliolly of EIrtil products growil in that 49 part of Virginia separated from ttie larger part of the 50 conimonwealth by Llie Chesapeake Bay. 51 (c) The city nianager upon application in writiilg iiiade 52 by tlie owner or operator oE three-axle veiiicles used exclusively 53 for the iiiixing of coticrete in transit or at a project site or for 54 transporting necessary cortiponents in a coiiipartutelitalized vellicle 55 to produce coricrete iinniediately upon arrival at the project site, 56 aiid haviiig a gross weiglit not exceediiig sixty tilousand (60,000) 57 pouiids, a sitigle axle weiglit not exceeding twenty thousand 58 (20,000) polinds, aiid a tandeni axle weight not exceeding forty 59 thousatid (40,000) pout)ds, sliall issue to such owi)er or operator, 60 wittiotit cost, a periiiit iii writii)g aut)iorizirig tlie operat-ion of such veliicles upon tlie llighways of the City. No such permit 62 shall be issued aLltl)Oriziiig the operation of the vehicles 63 enuiiierated iii Lliis subseclioi) for a distailce of iiiore ttlan twenty- 64 five (25) iniles froin a balciiing plar)t; llowever, the said permit 65 shall noL desigiiale the route to be Lraversed nor contain 66 restr!clions or coiidilions iiot applicable to other vehicles in 67 their geiieral use of Llie higli@4ays. 68 (d) Ttie city titaiiager, upon applicalion ill wriling inade 69 by the owner or operator of ttiree-axle passenger buses, 70 consisling of two (2) sectioii,, joined togetlier by all articulated 71 joinl witil the trailer beiiig equipped witil a mechallically steered 72 rear axle, aiid liaviiig a gross weiglit tiot exceeding sixty thousaild 73 (60,000) pounds, a sitigle axle weiglit not exceeding twenty-five 74 Lliousaiid (25,000) liotifids and a widlli iiot Lo exceed one hiindred 75 Lwo (102) iiicties, stiall issue Lo sucli owiier or operator, williout 76 cost, a periiiit iii writing aLIttiorizitig the operation of sucil 77 vehicles upon tlie Iiighways. 2 78 (e) No permit issued under this section providing for 79 a single axle weight iii excess of twenty thousand (20,000) pounds 80 or for a tandeni axle weight in excess of thirty-four thousand 81 (34,000) pounds shall be issued to include travel on the federal 82 interstate system of highways. 83 (f) Each vehicle, when loaded according to the 84 provisions of a permit issued under tliis section, shall be 85 operated at a reduced speed. Tlie reduced speed limit shall be 86 ten (10) miles per hour slower than the legal speed limit in 87 fifty-five (55), forty-five (45) and thirty-five (35) miles per 88 hour speed limit zones. 89 (g) Every permit issued under this section shall be 90 carried in the vehicle to which it refers and shall be open to 91 inspection by any officer and it shall be a misdenieanor for any 92 person to violate any of the terms or conditions of such special 93 perinit. 94 95 Adopted by the Council of the City of Virginia Beach, 96 Virginia, on the day of 1989. 97 98 KJC/epm 99 03/09/89 100 CA-03203 101 \ordin\proposed\21-205.pro 102 103 3 APPnOVEF.) AS TO COrli-t-@l-r, A 0 RD-89-I 870 CIIY I AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 33-113, OF TIIE CODE OF THE 3 CITY OF VIRGINIA BEACII, VIRGINIA, 4 PERTAINING T 0 APPLICATION 5 PROCESSING FEE FOR ENCROACHMENTS 6 7 BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA 8 BEACII, VIRGINIA: 9 That Section 33-113 of the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 33-113. Application; processing fee. 14 15 Applications for encroachments into public streets and 16 other public ways, places or property shall be made to the 17 department public wor-ks. A fee of one hundred fifty dollars 18 f$100@00t .00 shall be paid to the city for the processing 19 of an application for an encroachment into any public street or 20 other public way, place or property. The director of public 21 works or his authorized representative shall not accept any 22 application unless such fee be paid at the time the application 23 is filed. The department of public works is hereby authorized 24 and directed to prepare and adopt a procedure for the processing 25 of such applications and the reporting to city council of any 26 detrimental effect which a requested encroachment may have on the 27 public health, safety, welfare or interest. 28 City council may deny or grant permission to encroach 29 subject to such terms and conditions as city council may, in its 30 discretion, deem proper. Notwithstanding any other provision of 31 law, city council shall deny any encroachment request it 32 determines, in its discretion, to be detrintental to the public 33 health, safety, welfare or interest. 34 Permission by city council granted hereunder to any 35 person to construct and maintain an encroachment into any public 36 street or other public way, place or property shall not relieve 37 such person or encroachment of coiiiplying witli all otlier 38 applicable laws, regulations and requirements. 39 40 41 Adopted by ttie Council of the City of Virginia Beach, 42 Virginia, on the day of 1 1989. 43 44 KJC/epm 45 03/10/89 46 CA-03207 47 \ordin\proposed\33-113.pro 2 APPROVED AS TO COIlTr@4-r, Af)ii@ i-) i',, :0 @:01,'@A 0 RD-(S@)-l 867 c 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 3-24 OF TIIE CODE OF TIIE 3 CITY OF VIRGINIA BEACII, VIRGINIA, 4 PERTAINING TO FEES FOR PERMITS FOR 5 SIGNS AND OTIIER ADVERTISING 6 DEVICES 7 8 BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA 9 BEACII, VIRGINIA: 10 That Section 3-24 of the Code of the City of Virginia 11 Beacli is hereby amended and reordained to read as follows: 12 13 14 Section 3-24. ree. 15 16 Each application for a permit under this article shall 17 be accompanied by a perinit fee of t,enty- 18 three dollars ($23.00). 19 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the day of 1989. 22 23 KJC/epm 24 03/09/89 25 CA-03204 26 \ordin\proposed\03-024.pro 27 28 MEt4T ,AppRO,VEI) AS To LEG@ 0 R 1) - 8 9 8 7 1 y AND FORM E TO AMEND AND REORDAIN SECTIONS D 221(b), OF THE CITY ZONING 3 ORDINANCE OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO AMENDMENTS AND 5 PROCEDURAL REQUIREMENTS AND GENERAL STANDARDS 6 FOR CONDITIONAL USES 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACII, VIRGINIA: 10 That Sections 107(g) and 221(b) of the City Zoning 11 Ordinance of the City of Virginia Beach, Virginia, are hereby 12 amended and reordained to read as follows: 13 14 Section 107. Amendments. 15 .... 16 (g) Fee. A petition of any property owner to amend, 17 supplemenl or change the regulations, district boundaries, or 18 classification of property shall be accompanied by a--fee 19 htndred-fi-f-ty-@-l@-s--( 20 of @-@-pr itT@ --- Howevet-,--any 21 petition- 22 amendm,"-t--to--&rr- 23 i-07fht- -1- - b e - @ @-by-@-f -dollars 24 f$5GO7OOt7 a fee in the amount of five hundred fifty dollars 25 ($550.00) plus ten dollars ($10.00) per acre for each acre or 26 part thereof over one hundred (100) acres. 27 .... 28 29 Section 221. Procedural requirements and general standards for 30 conditional uses. 31 32 .... 33 (b) Fees. The application shall be accompanied by a-fee-of 34 one- 35 the 36 following fees to cover the costs of processing the application 37 and publication of the notice of public hearing: 38 Six hundred dollars ($600.00) for all applications 39 except: 4 0 (1) Those either submitted by a non-proeit 41 organization or an applicatioll for a home 42 occupation under SS 234 of tile city zoniiig 43 ordinance. The fee for these applications 44 shall be one hundred twenty-Eive dollars 45 ($125.00); or 46 (2) Those submitted to allow a single-family 47 dwelling in AG-1 zoning. The fee for these 48 applications shall be fifty dollars ($50.00). 49 50 .... 51 52 An emergency is hereby declared, and this ordinance shall be 53 effective upon adoption. 54 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the day of 1989. 57 58 KJC/epm 59 03/10/89 60 05/02/89 61 05/15/89 62 CA-3208 63 \ordin\proposed\45-106etc.alt 2 All)'ROVEI) AS TO CONTENTS SIGNAVURE 0 RD-89-I 872 DEPARTMENT APPROVED AS TO LEGALI 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONI 2 8.1, AND 8.3 OF TIIE SUBDIVISION ORDINANCESU.ICIENCY AND FORM 3 TIIE CITY OF VIRGINLA BEACII, VIRGINIA, 4 PERTAINING TO PLAT F-'EES AND SUL3DI 5 VARIANCE FEES 6 7 BE IT ORDAINED BY TIIE CITY COUNCIL OF TIIE CITY OF 8 VIRGINIA BEACII, VIRGINIA: 9 That Sections 8.1 aiid 8.3 of tlie Subdivisioii Ordiiiance 10 of the City of Virginia Beach, Virginia, is hereby anielided and 11 reordained to read as follows: 12 Section 8.1. Plat fees. 13 At: - -t-hc- @!7me- -prel-i:mi:nar ry- pl at-5- -a@ -pr-eaen@ j- - a - -f@ @f-- t: en 14 15 thir+y-f-i@-dollaT-s--f of--original 16 inal 17 subd-iv-is-i@-plat5-, 18 minimum-fee-of-ten-dollar3-t$iO7OOl-per-plat7--Such-fees-shall-be 19 payable-to-the-treasurer-of-the-city7 20 (a) At the time preliminary subdivision plats are 21 submitted, tlie following fees shal.1 be diie and payabl.e froin tile 22 effective date of this orditiance: 23 1) Resi.dential two (2) lot plals - two huiidred dollars 24 ($200.00). 25 2) Residential tliree (3) to (5) five lot plal-s - five 26 hundred dollars ($500.00) plils oiie litindred dollarf, ($100.00) 27 per lot. 28 3) Resideiitial six (6) or more ].ot plats - seven 29 huiidred dollars ($700.00) plus live dol.l.ars ($5.00) per lot 30 after tlie first five (5) I.ots. 31 4) Noii-resideriti.al plals - sevei) Iiiiiidred dollars 32 ($700.00) pltis thi.rt-y dollars ($30.00) per lot. 33 (b) At tlie tiine coi)sl@rtictioii plans are subinit:Led for 34 residential stibdivisioiis of six or more lot pl.ats or for ally noll- 35 residential stibdivisioiis, the following fees sliall be due aj)d 36 payable from tlie e[fecli.ve date of Lliis ordiiiance: 37 one hundred fiftv dc)ll;i,, t@i5O.OO) plus 38 39 linear feet of roadway. 40 @c At tiie tinic final subdi.visioii plats are StibniiLted., the 41 followinq fees shall be due and payable froul the effective date 42 of tliis ordinance: 43 1) Residential six (6) or niore lot I)lats - LtIree 44 hundred fifty dollars $350.00) Plus live dollars 45 first five (5) lots, 46 2) Non-residential p]-ats - tllree huildred f i f t v 47 tliirty doll.a 48 lot. 49 (d) ine duritiq stibdivision review, 50 submits a revised plan or poltioii tllereof, or makes a cliallqe to 51 at the reQLlest OE the Cit 52 Beach, such revision sliall be accotnpaiii.ed by a fee of olle hundred 53 doll per sheet tliat i.s revised or clianqed. 54 (e) If a subdivisioii pi.at does iiot: creat:e a qreater iluinber 55 Of lots, such olat when subniilted shall be Icconil:,aiiied by the 56 following fees: 57 1) Residential plat - fifty dolla 58 2) Non-residentia wo hiindred do]-lars 59 ($200.00). 60 ( f ) When a plat is submit-t(,Cl eiicompassiiig l,atid within a 61 community development tarqet area, iio plat fee sliall be due from 62 ProPerty owners who ritiilify as low atid moderate iiicojiie as 63 determined by the secretary of liotisiiiq and tirbati developmeiit or 64 by the Virainia lioll.-ina Developnietit Authority liiider one (1) or 65 more of tlleir rental assistaj)ce or lioiiieowiier iflorlqaqe proqrallis. 66 Throtigh agreenieiit with Llie ci.Ly, waiver of plal fees inay also be 67 provided to builderr, whn are buildiii(i uiider Llie aforementioned 68 proqrams for low azid ninciprale incoiiie fainilies. 69 (9) All. fees slia.11 be pavable to t@lie city t@reasurer. 70 71 2 72 Section 8.3. Subdivision variance fees. 73 An y- -appen-l- @- @ -rar-i-ance - shall - be- @on@@ -of 74 seventy-five-dollars-f$75@OOf-to-cover-the-co3t-of-publication-of 75 notice-of-public-hearing-and-proce35ing7 76 Any appeal for a variaiice shal.]. be acconipaiiied by the 77 following fees to cover the costs oE processiiig the a22eal and 78 publication of the notice of ptlbl,i.c he 79 From tlie effective date of this orditiatice, L-hree 80 hundred eighty five dollars ($385.00). 81 82 An emergency is liereby declared aiid this ordinance shall be 83 effective upon adoption. 84 85 Adopted by the Council of tlic CiLy of Virgiiiia Beach, 86 Virginia, on the day of 1989. 87 88 KJC/epm 89 03/10/89 90 03/15/89 91 05/02/89 92 05/12/89 93 CA-3209 94 \ordin\proposed\47-008-letc.alt '"_':'PR~'VED AS TO CONTENTS SIGNAIURE AP?ROVED AS TO LEGAL · -c U,:FJCIENC Y AN~ORM ~ '/'} . URDINANCE ~O AMEND AND REORDAIN SEC' ~11[ A~,Pk~ - ~ obnUll, VIRGINIA, ~ -'1'O ~ PROCEDURE ~ .... , ' APPROVAL ~- u~ ~ 11 g DEVELOPMENT PLAN 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2-7 ]8 ~9 ~0 1 2 3 4 5 6 ? BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 3.2 A.2 of the Site Plan Qrdinance of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 3.2. Procedure for site development plan approval: A.1. The developer shall cause to be prepared a site development plan with other material as set forth in sections 4 and 5. All A~-~he-~q~me--tq~c~-m~e-devetopmen~-~pi~n-_i_~_p~ememt. edr_a ~ee--°~-{wen~y--de~r~-~${O~,OOJ--pe~-~5%~_deve~opmene p~an-mha~-be-pa~d-~o-cover-~he-cos~-O~-exam~na~on_mnd Pr°cemm~n~v--Such-fee-sha~-be-payab~e-~o_~he_treamurer of-the-~y~ At the time the site deyelo~}pn~ plan Js presented, the following fees shall be due and p~able{ ~ Residential site plan for two (2) or moro residences - six hundred dollars ($600.00) .~lus twenty doliars ($20.00) per unit after the first five (5) residential units. ~) Non-residential site plan - eight hundred dollars J_$800.00) plus sixty dollars ($60.00} ~er acre. ~) Duplex site plan four hundred dollars ($400.00)~ d_J There shall be no site ~lan a site plan encompassing only dwelling unit. review fee char_g_ed fo______~r one (1) single familz e_~ There shall be no resubmission fee for a~ ~].an resubmitted within sixt~60) da~s of the date of completion of the prior review. fees shall be ppyable to the city treasurer. After the site development plan, related materials and fees have been submitted, it shall be reviewed and 38 processed by the cily agent and other affecled cily 39 agencies for coiiforiiiity to this ordinaiice ajid other 40 applicable regulations. Tlie cily agcjil shall acL upon 41 the site developmeiit plaii aiid related material as 42 submitted by the developer, or as niodified by the site 43 development review process, witliin twenty (20) working 44 days, uiiless extensive modificatioii to Lhe plail or 45 extenuating circumslaiices require addilioi)al time, and 46 if approved, shall certify its approval and state the 47 conditions of such approval, if any, or if disapproved, 48 shall indicate its disapproval alid the reasolis 49 therefor. 50 .... 51 52 An emergency is hereby declared, and this ordiiiaiice 53 shall be effective upon adoptioil. 54 55 Adopted by the Couiicil of tlie CiLy of Virginia Beach, 56 Virginia, on the day of igag. 57 58 KJC/epm 59 03/10/89 60 03/15/89 61 05/02/89 62 05/12/89 63 CA-3212 64 \ordiii\proposed\46-003-2.alt 0 RD-89-1 876)@r AN ORDINANCE URGING THE WETLANDS 2 BOARD TO INCREASE THE PROCESSING 3 FEE THAT IT CURRENTLY CHARGES UNDER 4 SECTION 1603 OF THE CITY ZONING 5 ORDINANCE TO AN AMOUNT EQUAL To THE 6 WETLANDS PERMIT FEE SET BY CITY 7 COUNCIL IN SECTION 1403 OF THE CITY 8 ZONING ORDINANCE 9 WHEREAS, the City Council has embarked on a 10 comprehensive review of all development-related fees that the 11 City charges for services rendered in processing development 12 applications; 13 WHEREAS, the City has determined that the fees 14 currentiy assessed by the Wetlands Board, pursuant to SS 1603 of 15 the City Zoning Ordinance does not recover an appropriate amount 16 of the City's costs in processing applications submitted under 17 the Coastal Primary Sand Dune Zoning Ordinance; 18 WHEREAS, the City's enabling legislation 62.1- 19 13.25 SS4) specifically grants the Wetlands Board, and not the 20 City Council, the power to establish a processing fee for review 21 of the applications submitted under the Coastal Primary Sand Dune 22 Zoning ordinance; 23 WHEREAS, the City has determined that, if the Wetlands 24 Board were to impose the same fees that the City has imposed in 25 SS 1403 of the City Zoning ordinance, an appropriate amount of the 26 city's costs in processing applications submitted under the 27 Coastal Primary Sand Dune Zoning Ordinance would be recovered; 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 The Wetlands Board is hereby requested to increase the 31 fee that it currently charges under 1603 of the City Zoning 32 Ordinance to an amount equal to the fee charged by the City for 33 wetlands permits under SS 1403 of the City Zoning Ordinance. 34 An emergency is hereby declared, and this ordinance 35 shall be effective upon adoption. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the /@ day of 1989. 38 KJC/dhh 39 05/02/89 40 CA-89-3298 41 \Ordin\Noncode\wetbdfee.ord 2 ,, J Ai)PROVED AS TO CGI'lly 'l-f@ SIG14ATURE DEPARTt,@ENT 'APPROVED AS TO 0 RD-89-1 "@-'@6 SUFFICIENCY ANI) -ORDTRXIQCE AUTHORIZING AND DIRECTING THE CITY@OV,N@y AN 2 DEPARTMENT OF PUBLIC WORKS TO INCREASE FEES 3 FOR CERTAIN INSPECTIONS 4 WHEREAS, pursuant to Section 8.2 of the Subdivision 5 Ordinance and Section 7A.1 of the Site Plan Ordinance, permit and 6 inspection fees not specified within the City Code are to be 7 based on cost, as determined by the agency involved; 8 WHEREAS, the current inspection fees charged by the 9 City for subdivisions are 1% of the estimated construction costs 10 for Public Works inspection and fees charged by the City for site 11 plans are $16.50 per hour for Public Works inspections; 12 1 WHEREAS, a report prepared by City staff demonstrates 13 that these current fees do not recover actual costs expended by 14 the City in providing these services; 15 WHEREAS, the City has the power to impose inspection 16 fees to recover all its costs expended in providing these 17 services, but chooses to recover a lesser amount at this time: 18 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 The Department of Public Works is hereby authorized 21 and directed to increase its fee for inspections pursuant to 22 Section 8.2 of the Subdivision Ordinance from 1% of the estimated 23 construction costs to 1.5% of the estimated construction costs 24 and pursuant to Section 7A.1 of the Site Plan Ordinance from 25 $16.50 per hour to $40.00 per hour. 26 An emergency is hereby declared, and this ordinance 27 shall be effective upon adoption. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the day of 1989. 30 KJC/dhh 31 03/15/89 32 05/02/89 3 3 05/12/89 3 4 05/15/89 35 CA-89-3211 36 \ordin\noncode\inspfee.ord o coN-@, 1.5 APPpOVED AS T DIIAIITI APPRC-14ED A's TO 1-c@GAL SUFFICIENCY ANID Fl-R@'A ORDINANCE TO AMEND AND REORDAIN CTION 1403(c) OF THE CITY ZONING 3 ORDINANCE, OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 APPLICATIONS FOR PERMITS FOR 6 WETLANDS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 1403(c) of the City Zoning Ordinance, of the 10 City of Virginia Beach, Virginia, is hereby amended and reordained 11 to read as follows: 12 Section 1403. Applications for permits. 13 (a) Any person who desires to use or develop any wetland 14 within this city, other than for those activities specified in 15 section 1402 above, shall first file an application for a permit 16 with the wetlands board directly or through the Commission. 17 (b) An application shall include the following: The name 18 and address of the applicant; a detailed description of the 19 proposed activity and a map, drawn to an appropriate and uniform 20 scale, showing the area of wetland directly affected, with the 21 location of the proposed work thereon, indicating the area of 22 existing and proposed fill and excavation, especially the 23 location, width, depth and length of any proposed channel and the 24 disposal area; all existing and proposed structures; sewage 25 collection an treatment facilities, utility installations, 26 roadways, and other related appurtenances or facilities, including 27 those on adjacent uplands, and the type of equipment to be used 28 and the means of equipment access to the activity site; the names 29 and addresses of owners of record of adjacent land and known 30 claimants of water rights in or adjacent to the wetland of whom 31 the applicant has notice; an estimate of cost; the primary purpose 32 of the project; any secondary purposes of the project, including 33 further projects; the public benefit to be derived from the 34 proposed project; a complete description measures to be taken 35 during and after the alteration to reduce detrimental offsite 36 effects; the completion date of the proposed work, project, or 37 structure and such additional materials and documentation as the 38 wetlands board may deem necessary. 39 (c) A nonrefundable processing fee to cover the cost of 40 processing the application, set: by the appl:ieable geverning bedy 41 with dtie regard f-er t!he et-viees te be L-endered, ine3:ttding the 42 time, slt!3:3: and adntinistrater's expense invelved, shall aeeempany 43 eaeh app3:iea . shall be charged in the amount of seven tenths 44 of one percent (.7%) of the total construction value of the permit 45 item for commercial applications with a minimum fee of two hundred 46 dollars ($200.00) and a maximum fee of two-thousand five hundred 47 dollars ($2,500.00) and one quarter of one percent (.25%) of the 48 total construction value of the permit item for residential 49 applications with a minimum fee of one hundred dollars ($100.00) 50 and a maximum fee of one thousand dollars ($1,000.00). 51 These fees shall apply to original applications, re- 52 applications and requests for variance approval after the fact. 53 An emergency is hereby declared, and this ordinance 54 shall be effective upon adoption. 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the 19 day of June 1989. 57 KJC/epm 58 03/10/89 59 05/01/89 60 05/02/89 61 06/14/89 62 CA-3216 63 \ordin\adopted\45-1403et.pro 2 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 8-32, 8-33, AND 8-34 OF THE 3 CODE OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO PERMIT FEES 5 FOR PLUMBING PERMITS, MECHANICAL AND 6 GAS PERMITS AND ELECTRICAL PERMITS 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That sections 8-32 8-33, and 8-34 of the Code of the 10 City of Virginia Beach is hereby amended and reordained to read as 11 follows: 12 Section 8-32. Same - Plumbing permits. 13 (a) The fee for a permit for plumbing work, as required 14 by the building code, shall be @ fifteen dollars ($19.09) 15 ($15.00) and, in addition thereto, the following: 16 (1) Each plumbing fixture, floor drain 17 or tap: Four dollars ($4.00). 18 (2) Each house sewer connection: Ten 19 dollars ($10.00). 20 (3) Each house water connection: Ten 21 dollars ($10.00). 22 (4) Haeh septle tan't er dr-ainf-ield-, 23 Twenty five dellafg ($25.0-0). 24 (@4) On-site sanitary sewer collector 25 lines, per building: Fifty dollars 26 ($50.00). 27 (fy5) On-site portable potable water 28 distribution lines, per building: 29 Fifty dollars ($50.00). 30 (b) The fees prescribed in this section shall be in 31 addition to the sewer and water connection fees and charges 32 provided for in chapters 28 and 37 of this Code. 33 Section 8-33. Same - Mechanical and gas permits. 34 The minimum fee for any mechanical or gas permit required 35 by the building code shall be @ fifteen dollars ($10.99) 36 ($15.00) with the exception that the fee for the installation of 37 gas outlets for a gas piping system shall be @ fifteen dollars 38 ($10.00) ($15.00), plus two dollars ($2.00) for each additional 39 outlet over two (2). For the installation or replacement of 40 mechanical systems or equipment, the fee shall be at the rate of 41 four dollars ($4.00) per one thousand dollars ($1,000.00) of the 42 current value of all service, labor, materials and equipment. 43 Section 8-34. Same - Electrical permits. 44 (a) The fee for a permit for electrical work, as 45 required by the building code, shall be as specified in this 46 section. 47 (b) There shall be charged a minimum fee of @ fifteen 48 dollars ($19.90) ($15.00) for each permit issued. 49 (c) For a permit issued for a temporary service, such 50 as a trailer, house meter or meter loop added to an existing 51 service, net to exceed one httndred (100) antper",- the fee shall be 52 teft fifteen dollars ($10.09) ($15.00). Eer such a pertnit for 53 these temper-., ever one hundred (100) antperes, the 54 shall be fifteen dollars ($15.09). 55 (d). For a permit for any special condition, such as and 56 including buildings moved, swimming pools, carnivals, services 57 relocated but not increased and the like, the fee shall be a 58 minimum of t," fifteen dollars ($!0.00) ($15.00). The fee for a 59 permit for prefabricated buildings for out-of-city use shall be 60 twenty dollars ($20.00). 61 (e) For a permit issued for original construction, the 62 following fees include all equipment outlets only if specifically 63 listed on the application and installed by the permit holder before 64 the final inspection, such fees being based on the maximum current 65 carrying capacity of each set or subset of service conductors 66 installed, to the nearest fifty (50) amperes: 67 (1) Single phase: Fifteen dollars 68 ($15.00) per fifty (50) amperes. 2 69 (2) Three (3) phase: Twenty dollars 70 ($20.00) per fifty (50) amperes for 71 the first one thousand (1,000) 72 amperes and ten dollars ($10.00) per 73 ampere in excess of one thousand 74 (1,000) amperes. 75 When services are increased or phases added, the fee shall be one- 76 half the rate above, plus the added equipment fee. For fee 77 purposes, the service-panel nameplate amperage rating shall be 78 used. 79 (f) The following fees shall apply in regard to a 80 permit with reference to wiring or equipment connected to an 81 existing service. For each piece of equipment connected and for 82 each circuit or feeder installed, extended, relocated or repaired, 83 the fee shall be: 84 Amperes Conductor Size Fee 85 0-- 30 #14, 12, 10 $ 3.00 each 86 31-- 60 #8, 6 $ 4.00 each 87 61--100 #4, 3, 2 $ 5.00 each 88 101--200 #11 o, 00, 000 $10.00 each 89 Over 200 Over 000 $15.00 each 90 (g) On any electrical work commenced before an 91 electrical permit has been issued and the requisite fee paid 92 therefor, a civil penalty of twenty five fifty dollars ($25.00) 93 ($50.00) per unit shall be added to the fee due. Payment of such 94 penalty shall not in any way relieve the violator from such 95 penalties as may be imposed by the courts. 96 Adopted by the Council of the City of Virginia Beach, 97 Virginia, on the 19 day of June 1989. 98 KJC/epm I@ 10 99 03/09/89 100 03/15/89 101 06/14/89 102 CA-03205 103 \ordin\proposed\08-032etc.pro 3 - 18 - Item V-G. 3. RESOLUTTONS/ORDINANCES ITEM # 31389 Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance to TRANSFER $13,867 from the FY 1989-90 Reserve for Contingencies to the Office of Environmental Management for a Natural Areas Inventory. The City Manager will respond to Councilwoman McClanan's concern if this information could be integrated with the City's mapping program and thus not be confronted by significant additional cost. Councilman Moss expressed concern relative deriving the funds from the Reserve for Contingencies. Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19, 1989 1 AN ORDINANCE TO TRANSFER $13,867 FROM THE FY 1989-90 2 RESERVE FOR CONTINGENCIES TO THE OFFICE OF ENVIRONMENTAL 3 MANAGEMENT FOR A NATURAL AREAS INVENTORY 4 WHEREAS, the Department of Conservation and Historic Resources 5 (DCHR) has proposed to do a study of the natural areas and resources which are 6 existent within the boundaries of the city; 7 WHEREAS, due to the high concentration of rare species and unique 8 natural areas located in the city, as well as, the rapid urbanization and 9 development, the city was ranked by the DCHR, as their first priority within 10 the state; 11 WHERFAS, this study with three clearly defined parts, is estimated 12 to take two and one half years to complete at a total cost of $83,716 as follows: 13 First Year - data collection $ 13,867 14 Second Year - field inventory 54,624 15 Third Year - analyze and report 15,225 16 716 17 WHEREAS, the city will issue a contract containing a "non- 18 appropriation clause', which will allow tbe city to appropriate each segment of 19 the contract on a yearly basis. 20 NOW, THEREFORE BE IT ORDAINED BY THE CITY COIJNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That funds in the amount of $13,867 be transferred from the FY 1989- 23 90 General Fund Reserve for Contingencies to the Office of Environmental 24 Management for the purpose of contracting for a Natural Areas Inventory; 25 BE IT FURTHER ORDAINED, 26 That the City Manager is authorized to enter into a contract for the 27 study of natural areas within the city boundaries. 28 Adopted by the City Council of the City of Virginia Beach, Virginia, 29 on the 19 day of June , 1989. - 19 - Item V-G.4. RESOLUTIONS/ORDINANCES ITEM # 31390 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to TRANSFER $50,440 from reserve for contingencies to the Economic Development FY 1989- 90 Operating Budget for the establishment of an Economic Development Project Coordinator position. Councilman Moss requested the funding source not be from the Reserve for Contingencies and the City Mianager be directed to secure these funds from existing appropriations. Councilman Moss requested a Memorandum of Understanding be issued to clarify to all affected parties the relationship of this position. Voting: 10-0 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, NaDcy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19, 1989 1 AN ORDINANCE TO TRANSFEP, $50,440 FROM RESERVE 2 FOR CONTINGENCIES TO THE ECONOMIC DEVELOPMENT 3 OPERATING BUDGET FOR THE ESTABLIS@ OF AN 4 ECONOMIC DEVELOPMF.NT PRWECT COORDINATOR POSITION 5 6 WHEREAS, the primary goal of the Economic Development Department is to 7 create an economic envirorunent conducive to investment that will increase the 8 city's tax base and increase employment opportunities for our citizens; 9 WHEREAS, one of the responsibilities of this department is to provide staff 10 support to the Development Authority; 11 WHEREAS, the Development Authority is involved in extensive projects 12 important to the economic development of the city including the existing commer- 13 cial/industrial parks, the proposed Corporate Landing business park, and a 14 possible resort industry development; 15 WHEREAS, this position would expeditiously coordinate the work of profes- 16 sionals and consultants contracted by the Virginia Beach Development Authority, 17 city agencies, and private developers in the purchase and development of Author- 18 ity property; 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 That $50,440 be transferred from the FY 1989-90 Operating Budget Reserve for 22 Contingencies to the Economic Development Operating Budget for the establishment 23 of the Economic Development Project Coordinator position. 24 This ordinance shall be effective from the date of its adoption. 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 26 19 day of June 1 1989. - 20 - Item V-G.5 a/b/c/d RESOLUTION/ORDINANCES ITEM # 31391 Upon motion by Councilman Baum, seconded by Councilwoman tlenley, City Council APPROVED upon FIRST READING: $1,642,000 for the FY 1989-90 School Textbook Rental Fund Budget. $8,363,985 for City of Virginia Beach School Programs funded by Special Categorical Grants for school year 1989-90. $11,502,501 for the FY 1989-90 School Cafeteria Enterprise Fund Budget. $334,450 for the FY 1989-90 School Athletic Enterprise Fund Budget. Councilwoman Henley expressed concern relative equity for other academic pursuits (debate, band) rather than just an Athletic Enterprise Fund. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. FentresSS, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the best public interest. (Said letter is hereby made a part of the proceedings.) June 19, 1989 joifN D. moss 4021 GLEN ROAD COUNCILMAN VIRGINIA BEACII. VinGINIA 23452 KEMPSVILLE BOROUGH (004) 498-0310 March 30, 1988 Mrs. Ruth Hodges Smith, CMC City. Clerk Municipal Center Virginia Beach, VA 23456 Re: School Board Budgct Dear Mrs. Smith: Pursuant to Section 2.1-639.14E of tlic Code of Virginia, Ann., I make the following declaration: 1. As a member of the City Council of the City of Virginia Beach, I have a duty and responsibility to tlic citizcns of Virginia Beach to review, make recommendations and approve or deny the School Board budget, and I intend to carry out said duties as fairly and faithfully as I can; and 2. Pursuant to the State Conflict of Interests Act prior to taking any action on the School Board budget, I am disclosing that my wife is a teacher in tlic Virginia Beacli school systcln; and 3. My wifc, as a tcacher in a profession, nccupat@-on and group along with 5everal hundred other tcachers, could possibly be affected by City Council's votc on thc School Board bu@-get; and 4. I ain able to review, make reconimendations and approve or deny a budgct regarding the School Board fairly, objectively and in the public interest even though my wife, is one of many teachers within the school systein. Accordingly, I respcctfully requcst that you record this declaration in the official records of thc City Council. Tliank you for your assistance and coopcration in this inatter. Ve'ry t@uly yours, @ 6))- n f@ Moss ncilmember JDM/CJS/awi cc: Paul A. Sciortino, Coinmonwealth Attorney 1 AN ORDINANCE TO APPROPRIATE FUNDS OF 2 $1,642,000 FOR THE FY 1989-90 SCHOOL 3 TEXTBOOK RENTAL FUND BUDGET 4 WHEREAS, the Attorney General of Virginia has opined that School 5 Board expenditures of funds generated by the rental of textbooks require an 6 appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has a textbook rental 8 plan whereby rental income is deposited in a textbook rental fund and 9 purchases of textbooks and other related expenses are paid from this fund; 10 WHEREAS, the School Board has submitted a Textbook Rental Fund 11 budget for FY 1989-90 in order to comply with the Attorney General's 12 opinion; 13 WHEREAS, the Textbook Rental budget approved by the School Board 14 included total revenues of $1,642,000 and total disbursements of 15 $1,642,000 for fiscal year 1989-90. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That funds in the amount of $1,642,000 be appropriated for a 19 School Textbook Rental Fund budget in the manner approved by the School 20 Board. 21 BE IT FURTHER ORDAINED: 22 That this appropriation be financed by Estimated Revenues of 23 $1,642,000 in the School Textbook Rental Fund. 24 BE IT FURTHER ORDAINED: 25 That funds in the amount of $130,000 in the FY 1989-90 School 26 Operating Fund are transferred to the Textbook Rental Fund. 27 This ordinance shall be effective from the date of its adoption. 28 Adopted by the Council of the City of Virginia Beach, Virginia 29 on the day of 1989. 30 FIRST READING: Jiine 19, 1989 31 SECOND READING: PWC WP1/ORD117 1 AN ORDINANCE TO APPROPRIATE FUNDS OF 2 $8,363,985 FOR CITY OF VIRCINIA BEACH 3 SCHOOL PROGRAMS FUNDED BY SPECIAL 4 CATEGORICAL GRANTS FOR SCHOOL YEAR 1989-90 5 WHERFAS, the Virginia Beach School Board has been notified that 6 it will receive funds of $8,363,985 through special state and federal 7 categorical grants for the school year 1989-90; 8 WHERFAS, these funds were not included in the FY 1989-90 School 9 Operating Budget approved by City Council; 10 WHEREAS, the School Board approved this funding and requests 11 that City Council appropriate these funds; 12 WHEREAS, it is desirable and necessary for the City Council to 13 appropriate these funds prior to the incurrence of the expenditure. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That funds in the amount of $8,363,985 be appropriated for 17 school purposes for FY 1989-90. 18 BE IT FURTHER ORDAINED that this appropriation be financed by 19 $8,363,985 estimated revenue from the Federal Goverriment; 20 BE IT FURTHER ORDAINED that this appropriation is authorized 21 subject to the expenditures being incurred with no local match. 22 This ordinance shall be effective from the date of its adoption. 23 Adopted by the Council of the City of Virginia Beach, Virginia 24 on the day of 1989. June 19, 1989 25 FIRST READING: 26 SECOND READING: PWC WP1/ORD116 1 AN ORDINANCE TO APPROPRIATE @DS OF 2 $11,502,501 FOR THE FY 1989-90 SCHOOL 3 CAFETERIA ENTERPRISE FUND BUDGET 4 WHEREAS, the Attorney General of Virginia has opined that School 5 Board expenditures of funds generated by the sale of cafeteria meals re- 6 quire an appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has a cafeteria meal 8 program whereby meal income is deposited in a cafeteria enterprise fund 9 and purchases of food and other related expenses are paid from this fund; 10 WHEREAS, the School Board has submitted a Cafeteria Enterprise 11 Fund budget for FY 1989-90 in order to comply with the Attorney General's 12 opinion; 13 WHEREAS, the Cafeteria Enterprise Fund budget approved by the 14 School Board included total revenues of $11,502,501 and total disburse- 15 ments of $11,502,501 for fiscal year 1989-90. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That funds in the amount of $11,502,501 be appropriated for a 19 School Cafeteria Enterprise Fund budget in the manner approved by the 20 School Board. 21 BE IT FURTHER ORDAINED: 22 That this appropriation be financed by Estimated Revenues of $11,502,501 23 in the School Cafeteria Enterprise Fund. 24 This ordinance shall be effective from the date of its adoption. 25 Adopted by the Council of the City of Virginia Beach, Virginia 26 on the day of 1989. 27 FIRST READING: June 19, 1989 28 SECOND READING: PWC WP1/ORD250 I AN ORDINANCE TO APPROPRIATE FUNDS OF 2 $334,450 FOR THE FY 1989-90 SCHOOL 3 ATHLETIC ENTERPRISE FUND BUDGET 4 WHEREAS, the School Board expenditures of funds generated by the 5 sale of admissions to high school football games, basketball games, gym- 6 nastics meets, and wrestling matches require an appropriation of the local 7 governing body; 8 WHEREAS, the Virginia Beach School Board has an athletic program 9 whereby admissions income is deposited in an athletic enterprise fund and 10 disbursements from this account are used to purchase athletic equipment 11 and uniforms, to pay officials, and to provide miscellaneous supplies; 12 WHEREAS, the School Board has submitted a budget for the 13 Athletic Enterprise Fund for FY 1989-90; 14 WHEREAS, the Athletic Enterprise Fund budget approved by the 15 School Board included total revenues of $334,450 and total disbursements 16 of $334,450 for fiscal year 1989-90. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That funds in the amount of $334,450 be appropriated for a 20 School Athletic Enterprise Fund budget in the manner approved by the 21 School Board. 22 BE IT FURTHER ORDAINED: 23 That this appropriation be financed by Estimated Revenues of 24 $334,450 in the School Athletic Enterprise Fund. 25 This ordinance shall be effective from the dale of its adoption. 26 Adopted by the Council of the City of Virginia Beach, Virginia 27 on the day of 1989. 28 FIRST READING: Juen 19, 1989 29 SECOND RFADINC: PWC WPI/ORD119 - 21 - Item V-H. CONSENT AGENDA ITEM # 31392 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED in ONE MOTION Ttems 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14 and 15 of the CONSENT AGENDA. Items V-H.8 and 9 were voted upon separately. Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: "Councilwoman Reba S. McClanan VERBALLY ABSTAINED on Item V-G.7 and V-G.13 (b). Councilwoman McClanan believed her husband, Delegate Glen McClanan was involved in the closing of this piece of property. Councilwoman McClanan is a Member of the Board of Humana liospital Bayside Auxiliary. Council Members Absent: Mayor Meyera E. Oberndorf une - 22 - Item V-H.I. CONSENT AGENDA ITEM # 31393 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6-121 of the Code of the City of Virginia Beach, Virginia, re reckless boating. Voting: 10-0 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, Nancy K. Parker, John L. Perry and Williapi D. Sessoms, Jr. Council Members Voting Nay: None Council @'lembers Absent: Mayor Meyera E. Oberndorf June 19, 1989 APPROVED AS SIGNATURE I DEPARTMENT APPROVED AS TO LEGAL 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 6-121 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO RECKLESS BOATING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-121 the Code of the City of Virginia 9 Beach is hereby amended and reordained to read as follows: 10 11 12 Section 6-121. Reckless boating, skiing, etc. 13 14 (a) It shall be unlawful and a Class 1 misdemeanor for 15 any person to operate any motor boat or other vessel, or to 16 manipulate any water skis, surfboard or other similar device, or 17 engage in spearfishing while skindiving or scuba diving on or in 18 any of the waters in the city, in a reckless or negligent manner 19 so as to endanger or be likely to endanger the life, limb or 20 property of any person. 21 (b) Notwithstanding the foregoing provision of this 22 article, upon the trial of any person charged with a violation 23 thereof where the degree of culpability is slight, the court in 24 its discretion may find the accused not guilty of reckless 25 boating, skiing, surfboarding or spearfishing but guilty of 26 improper boating, skiing, surfboarding or spearfishing and impose 27 a fine not exceeding fifty dollars ($50.00). 28 fbt(c) It shall be unlawful for any person to operate 29 or manipulate any motor boat, tow rope or other device by which 30 the direction or location of water skis, surfboards and other 31 similar devices may be affected or controlled in such a way as to 32 cause the water skis, surfboards or other similar devices, or any 33 person thereon, to collide with any object or person. A 34 violation of this subsection shall be punished by a fine of not 35 more than fifty dollars ($50.00). 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the lgh day of 1989. 38 39 WEB/epm 40 08/09/88 41 05/05/89 42 05/10/89 43 CA-02877 44 \ordin\proposed\06-121.pro 45 2 - 23 - Item V-H.2. CONSENT AGENDA ITEM # 31394 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 7-11 of the Code of the City of Virginia Beach, Virginia, re restrictions on renting Mopeds. Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Nlembers Absent: Mayor Meyera E. Oberndorf June 19, 1989 APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED As TO LEGAL SUFFICIENCY AND FOPM ORDINANCE TO AMEND AND REORDAIN CTION 7-11 OF THE CODE OF THE CITY VIRGINIA BEACH, VIRGINIA, ERTAINING TO RESTRICTIONS ON NTING MOPEDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 7-11 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 7-11. Restrictions on renting mopeds. It shall be unlawful for an owner, manager, operator or employee of a moped rental business to: (1) Lease or rent a moped to any person under sixteen (16) years of age. (2) Lease or rent, or offer to lease or rent, a moped which produces speeds in excess of thirty (30) miles per hour on a level surface. (3) Require or accept as security or surety any Operators' license, military identification card or other permit or pass issued by any state or federal agency. Adopted by the Council of the City of Virginia Beach, Virginia, on the Igth day of Junp 1989. WEB/epm 05/05/89 CA-03312 \ordin\proposed\07-Oll.pro - 24 - Item V-H.3. CONSENT AGENDA ITEM # 31395 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to AMEND and REORDATN Section 23-42 of the Code of the City of Virginia Beach, Virginia, re the concealing, destroying, et cetera of City Records. Major Payne advised Councilman Moss this Ordinance only pertained to law enforcement investigative records Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. flenley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf @P@ A'J' T@-i CO@@TENTS ,)'-PARTMENT ,6,1@@r,,-@VED AS TO LEGAL SUI-FICIENCY AND FOPM N ORDINANCE TO AMEND AND REORDAIN ECTION 23-42 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO CONCEALING, 5 DESTROYING, ETC., CITY RECORDS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 That Section 23-42 of the Code of the City of Virginia Beach 10 is hereby amended and reordained to read as follows: 11 12 13 Section 23-42. Concealing, destroying, etc., city records. 14 15 (a) Whoever willfully and unlawfully conceals, removes, 16 alters, mutilates, obliterates or destroys, or attempts to do so 17 or with intent to do so takes and carries away, any record, 18 proceeding, map, book, paper, document or other thing filed or 19 deposited in any public office of the city or with any public 20 officer of the city shall be guilty of a Class 1 misdemeanor. 21 (b) Whoever, having the custody of any record, proceeding, 22 map, book, document, paper or other thing belonging to the city, 23 willfully and unlawfully conceals, removes, alters, mutilates, 24 obliterates, falsifies or destroys the same, or permits another to 25 do so, shall be guilty of a Class 1 misdemeanor and, in addition, 26 shall forfeit his office and be disqualified from holding any 27 office with the city. 28 (c) Whoever having, or having had access in an official 29 capacity to any official record or report pertaining to any 30 criminal investigation, including written documents, computer data 31 and/or photographically recorded materials, who uses or knowingly 32 permits another to use such record or report or portion thereof 33 for any purpose not consistent with the exemptions permitted in 34 Section 2.1-342 of the Code of Virginia or other provision of 35 state law or city ordinance, shall be guilty of a Class 2 36 misdemeanor. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the 19th day of June , 1989. 39 40 WEB/epm 41 05/05/89 42 06/14/89 43 CA-03311 44 \ordin\proposed\23-042.pro 2 - 25 - Item V-H.4. CONSENT AGENDA ITEM # 31396 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED: Annual Ambulance Permit Renewal for area private, municipal and non-profit organizations, pursuant to Section 10.5-2 of the Code of the City of Virginia Beach, Virginia: Norfolk General Cardiac Diagnostic Unit Children's Hospital of the King's Daughters Norfolk Paramedical Rescue Services Nightingale Air Ambulance City of Chesapeake Fire/EMS Central Virginia Ambulance Service Tidewater Ambulance Service Medical Transport, Inc. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. lienley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19, 1989 - 26 - Item V-H.5. CONSENT AGENDA ITEM # 31397 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE $1,447,484 to the Department of Public Utilities due to an increase in the rate of water purchased from the City of Norfolk. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara ill. Henley, Reba S. l@IcClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19, 1989 1 AN ORDINANCE TO APPROPRIATE FUNDS OF $1,447,484 2 TO THE DEPARTMENT OF PUBLIC UTILITIES DUE TO AN INCREASE 3 IN THE RATE OF WATER PURCHASED FROM THE CITY OF NORFOLK 4 WHEREAS, due to an increase in the rate of water purchased from the City of 5 Norfolk, on June 5, 1989, the City Council of the City of Virginia Beach amended 6 the City Code increasing the water rate charged to customers from $2.18 to $2.32 7 per thousand gallons effective as of July 1, 1989; 8 WHEREAS, the revised rate will result in an operating budget increase of 9 $1,447,484 for the purchase of water; 10 WHEREAS, the increase in appropriations will be offset by a like increase in 11 estimated revenues from the sale of water to customers; 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That funds in the amount of $1,447,484 are hereby appropriated to the 15 Department of Public Utilities for an increase in the rate of water purchased 16 from the City of Norfolk. 17 BE IT FURTHER ORDAINED: 18 That the increase in appropriations be offset by a like increase in es- 19 timated revenues from the sale of water. 20 This ordinance shall be effective from the date of its adoption. 21 Adopted by the City Council of the City of Virginia Beach, Virginia on the 22 day of , 1989. 23 First Reading: June 19, 1989 24 Second Reading: APPROVED AS TO CONTENTS SIGNATbRE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM - 27 - Item V-H.6. CONSENT AGENDA ITEM # 31398 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE $8,196 Grant from the Virginia Department of Housing and Community Development for an Emergency Home Repair Program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara r@. Heilley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19, 1989 ORDINANCE TO ACCEPT AND APPROPRIATE $8,196 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN EMERGENCY HOME REPAIR PROGRAM WHEREAS, the Commonwealth of Virginia has established the Virginia Housing Partnership Fund to encourage the improvement of housing opportunities for low-income Virginians; and WHEREAS, the Virginia Department of Housing and Community Development has authorized grants under this program to localities to provide emergency home repairs to eligible citizens; and WHEREAS, the Virginia Department of Housing and Community Development has informed the City that $8,196 has been awarded to the City for such emergency repairs; NOW; THEREFORE, BE IT ORDAINED BY THE COUNCFL OF THE CITY OF VIRGINIA BEACH that a grant of $8,196 from the Virginia Department of Housing and Community Development for emergency home repairs is accepted and appropriated to the City of Virginia Reach's Department of Housing and Community Development. BE IT FURTHER ORDAINED THAT the City Manager is authorized to execute a grant agreement with the Virginia Department of Housing and Community Development accepting such funds. BE IT FURTHER ORDAINED THAT the City of Virginia Beach will comply with all requirements of this program as set forth by the Virginia Department of Housing and Community Development. Adopted by the Council of tbe City of Virginia Beach on the day of 1989. APPROVED AS TO CONTENT: APPROVED AS TO FORM 37 A" Maryinn@l. Ustick, Director City Attorney Department of Housing and Community Development First REading: June 19, 1989 - 28 - Item V-H.7. CONSENT AGENDA ITEM # 31399 Upon motion by Councilman Baum, seconded by Councilwoman lienley, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE $167,500 of funds in the School Site Acquisition Fund; and, TRANSFER the funds to the project account for the future construction of Ocean Lakes High School. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Ileischober, Barbara M. Henley, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: "Councilwoman Reba S. McClanan VERBALLY ABSTAINED on Item V-G.7 and V-G.13 (b). Councilwoman McClanan believed her husband, Delegate Glen McClanan, was involved in the closing of this piece of property. Council Members Absent: Mayor Meyera E. Oberndorf The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) 1 AN ORDINANCE TO APPROPRIATE $167,500 OF FUNDS 2 IN THE SCHOOL SITE ACQUISITION FUND AND TRANSFER 3 THE FUNDS TO THE PROJECT ACCOUNT FOR THE FUTURE 4 CONSTRUCTION OF OCEAN LAKES HIGH SCHOOL 5 WHEREAS, agreements have been executed between two property owners and 6 the city of Virginia Beach for the acquisition of 6.127 acres of land to be used 7 for the future construction of Ocean Lakes High School; 8 WHEREAS, R. G. Moore Co. has agreed to pay for the acquisition and has 9 deposited with the city the necessary amount of $167,500 for the purchase of the 10 land; 11 WHEREAS, it is necessary to appropriate the receipt in the School Site 12 Acquisition Fund and, subsequently, to transfer the like amount to the capital 13 project fund to properly account for the land acquisition. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That funds in the amount of $167,500 are hereby appropriated to the 17 School Site Acquisition Fund for the purchase of land for the future construction 18 of Ocean Lakes High School. 19 BE IT FURTHER ORDAINED: 20 That funds in the amount of $167,500 are hereby transferred to Project 21 1-010 Ocean Lakes High School to properly account for the land acquisition. 22 This ordinance shall be in effect from the date of its adoption. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 24 day of 1989. 10 co@@ 25 First Reading: June 19, 1989 26 Second Reading: DE, OPROV, - 29 - Item V-H.8. CONSENT AGENDA ITEM # 31400 Dr. Fred G. Benham, Assistant Superintendent for Financial Services, advised the amounts in the Transfer directly related to Courthouse Elementary School involve between $65,000 and $70,000 whicli would entail furniture and equipment (primarily computers utilized by the School Planning Center). Other funds related to the Butler Building at the Center for Effective Learning. Upon motion by Councilwoman Henley, seconded by Councilinan Sessoms, City Council ADOPTED: Ordinance to TRANSFER $1,590,000 between categories in the FY 1988-89 School Operating Fund to cover unanticipated expenditures and to increase estimated revenues by $280,000 in the textbook rental fund as a result of these transfers. Councilman Moss advised schools are consistently being taken out of production and valuable property is never surplused to bring in funds to build faciliies in other locations where land is less expensive. Councilman Moss did not believe the report justified the decision being implemented. Councilman Moss requested a full explanation relative the utilization of Courthouse Elementary School by the School Board. Voting: 7-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf The City Clerk referenced Councilman Moss's letter of March 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT 2 OF $1,590,000 BETWEEN CATEGORIES IN THE FY 1988-89 3 SCHOOL OPERATING FUND TO COVER UNANTICIPATED EXPENDITURES 4 AND TO INCREASE ESTIMATED REVENUES BY $280,000 IN THE 5 TEXTBOOK RENTAL FUND AS A RESULT OF THE TRANSFERS 6 WHEREAS, for fiscal year 1988-89 Council appropriated funds to the 7 School Board by major category as is permitted by statute; 8 WHEREAS, during the year, several costs were incurred that have caused 9 the unanticipated expenditure of funds from certain categories resulting in a 10 total of $1,590,000 of excess expenditures over appropriations; 11 WHEREAS, funds are available in other categories and line items to 12 compensate for the unanticipated costs. 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 That funds in the amount of $1,590,000 are hereby transferred between 16 categories in the School Operating Fund as shown below to match appropriations 17 and expenditures for major categories: 18 School Operating Fund 19 Transfer from: 20 50010 - Instruction $ 1,370,000 21 50023 - Pupil Transportation 100,000 22 50081 - Summer School 50,000 23 50082 - General Adult Education 40,000 24 50083 - Other Educational Programs 30,000 25 Total Transfer From $ 1590 000 26 Transfer to: 27 50021 - Administration $ 200,000 28 50022 - Attendance and Health 100,000 29 50090 - Capital Outlay 1,010,000 30 90000 - Transfer to Textbook Rental Fund 280,000 31 Total Transfer To $1 590 000 32 BE IT FURTHER ORDAINED: 33 That the appropriations in the Textbook Rental Fund be increased by 34 $280,000 to be offset by a like increase in estimated revenues as a result of a 35 transfer from the Scbool Operating Fund. 36 This ordinance shall be effective from the date of its adoption. 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 38 19 day of June 1989. - 30 - Item V-H.9 CONSENT AGENDA TTFIA # 31401 C. Oral Lambert, Jr., Director of Public Works, responded to City Council concerns. Upon motion by Councilman Baum, seconded by Councilman Perry, City Council ADOPTED: Ordinance to TRANSFER $110,000 to Project #2-079 International Parkway Improvements to cover Sidewall( Construction Expenses. Voting; 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $110,000 2 TO PROJECT # 2-079 INTERNATIONAL PARKWAY IMPROVEMENTS 3 TO COVER SIDEWAIY, CONSTRUCTION EXPENSES 4 WHEREAS, the City of Virginia Beach desires to improve the City's 5 transportation system through the construction and maintenance of highways and 6 arterials throughout the City; 7 WHEREAS, project # 2-079 International Parkway Improvements has been 8 created to fund the construction of intersection and roadway improvements on 9 International Parkway between Lynnhaven Parkway and London Bridge Road; 10 WHEREAS, a greater amount of office space development versus industrial 11 space development has occurred in the Oceana West Industrial Park and a 12 concurrent need for sidewalks along International Parkway has arisen; 13 WHEREAS, the additional cost of constructing sidewalks along 14 International Parkway is $110,000 and the coordination of sidewalk 15 construction with on-going improvements on International Parkway wlll minimize 16 construction activity along International Parkway; 17 WHEREAS, additional funding may be provided from the transfer of 18 appropriations from project # 2-836 Haygood Road since the project is 19 substantially complete and has excess appropriations. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA: 22 That funds in the amount of $110,000 are hereby transferred from project 23 2-836 Haygood Road to project # 2-079 International Parkway Improvements for 24 sidewalk construction. 25 26 This ordinance shall be effective from the date of its adoption. 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 28 19 day of June , 1989. - 31 - Item V-H. 10 CONSENT AGENDA ITEM # 31402 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to TRANSFER $550 from the General Fund's Reserve for contingencies to the Police Chief's Division for reimbursement of legal expenses incurred by a City Employee in the performance of his duty. Voting: 10-0 Council @lembers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19 1989 APPROVED AS TO CONTENTS S16WAfbitE 6EPARTMENT APPROVED AS TO LEGAL D FORM AN ORDINANCE TO TRANSFER FUNDS OF $550.00 FROM THE GENERAL FUND'S RESERVE FOR CONTINGENCIES TO THE RNEY POLICE CHIEF'S DIVISION FOR 4 REIMBURSEMENT OF LEGAL EXPENSES 5 INCURRED BY A CITY EMPLOYEE IN 6 THE PERFORMANCE OF HIS DUTY 7 8 WHEREAS, a Virginia Beach animal control officer was charged 9 with assault while performing assigned duties; and 10 WHEREAS, the General District Court dismissed the case; and 11 WHEREAS, the officer is seeking reimbursement from the City 12 for his legal fees in accordance with SS 15.1-131.6, Va. Code 13 Ann.; and 14 WHEREAS, City Council considers this request reasonable and 15 proper, 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That funds of $550.00 be transferred from the General Fund's 19 Reserve for Contingencies to the Police Chief's Division for 20 legal fees involving the above incident. 21 This Ordinance shall become effective upon the date of its 22 adoption. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on this 19 day of June 1989. 25 DGA 26 legfees.ord 27 5/23/89 28 - 32 - Item V-H.11 CONSENT AGENDA ITEM # 31403 Upon motion by Councilman Baurl, seconded by Councilwoman Henley, City Council APPROVED: COST PARTICIPATION AGREEMENT: HOLLAND WOODS (CIP 5-306) Water $26,369.00 (CIP 6-316) Sewer $ 7,483.00 Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19 1989 APPROVED AS TO LEGAL SUFFICIENCY AND @O@ Cl ATIO'll M ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE COST PARTICIPATION AGREEMENTS WHEREAS, Holland Woods Associates is desirous of developing land located in the Princess Anne Borough in accordance with the terms and conditions of the city ordinances, and WHEREAS, the city desires to enter into cost participation agreements requesting the developer to engage in construction greater in scope than is necessary for the project in order to provide water and sewer services to customers outside the project limits, and WHEREAS, the city's share of costs is estimated at $ 2 6 , 3 6 9for water improvements, and $7 , 483 for sewer improvements with such costs to be charged to project #5-306 Water Request and Agreement Projects and #6-316 Various Sewer Projects, respectively, and WHEREAS, such construction at this time will provide for future needs and prevent the city from having to incur additional operating and maintenance costs at a later date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized and directed to execute cost participation agreements with Holland Woods Associates for construction of water and sewer facilities. Said proposed agreements are hereby attached and approved. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the -19 day of June 1 1989. - 33 - Item V-H.12 CONSENT AGENDA ITEM # 31404 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council ADOPT'ED: Ordinance declaring excess property at 3561 Shawn Court and authorizing the City Manager to dispose of same. Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE DECLARING 2 CERTAIN PROPERTY EXCESS 3 AND AUTHORIZING THE CITY 4 MANAGER TO DISPOSE OF 5 SAME 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 WHEREAS, the City of Virginia Beach acquired ownership 10 of the following described property by deed recorded in Deed Book 11 2649, at page 1033; and 12 WHEREAS, the City Council is of the opinion that the 13 following described property is in excess of the needs of the 14 City of Virginia Beach. 15 NOW, THEREFORE, be it ordained by the Council of the 16 City of Virginia Beach, Virginia; 17 1. That the following described property is hereby 18 declared to be in excess of the needs of the City of Virginia 19 Beach and that the City Manager is authorized to convey said 20 property in the manner he deems in the best interests of the City 21 of Virginia Beach reserving therein any and all easements 22 pertaining thereto, and further that such property to be declared 23 in excess of the needs of the City is more particularly described 24 as follows: 25 All that certain lot, tract or 26 parcel of land together with 27 improvements thereon belonging, 28 lying, situated and being in the 29 City of Virginia Beach, Virginia 30 and designated and described as: 31 "LOT 1 IN BLOCK All as shown on that 32 certain plat entitled: 33 "RESUBDIVISION OF BLOCKS 34 A,B,C,O,M,L,J AND K AND PORTIONS OF 35 GREENBELTS -M-1-Al AND -M-1-BI AS 36 SHOWN ON PLAT OF GREEN RUN P.U.D. 37 SUBDIVISION SECTION M-1 (M.B. 110, 38 P.34) PRINCESS ANNE BOROUGH--- 39 VIRGINIA BEACH, VIRGINIA." Said 40 plat has been recorded in the 41 Clerk's Office of the Circuit Court 42 in the City of Virginia Beach, 43 Virginia in Map Book 120, at Page 44 19 to which reference is made for a 45 more particular description. 46 47 It being a part of the same 48 property conveyed to the City of 49 Virginia Beach, Virginia, by deed 50 of Frank E. P. Klages, Jr., et ux, 51 dated May 14, 1987 and recorded in 52 the Clerk's Office of the Circuit 53 Court of the City of Virginia 54 Beach, Virginia, in Deed Book 2649, 55 at page 1033. 56 57 2. This ordinance shall be effective from the date of 58 its adoption. 59 Adopted by the Council of the City of Virginia Beach on 60 the 19 day of June 1989. 61 62 63 64 JAR/ih 65 CA-3089 66 01/11/89 67 (encroach\shawn.ord) A three-fourths (3/4) vote of Council is required for adoption. [APPROVED AS TO CONTENTS 2 ........ . . ui in ........ ...... .... ..... . .1161 lily re, ----------- 0 69 37i (P SHAWN CT I I I!:. ily I SITE 69 21% om 3561 SHA WN COURT Scale 1"=100' Date 11/8/88 SEI 2, @Wl CR -;7 C-)I WIDE; SIDEWI LK @36.44 00), 5 PROPERTY OF MARTIN WILLIAMS UJ nT I p@ IZED FOR CANAL IR C*4 0. L) z cn - 34 - Item V-H. 13 CONSENT AGENDA ITEM # 31405 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED: BINGO/RAFFLE PERMITS FIRST COLONIAL BAND BOOSTERS Bingo HUMANA HOSPITAL BAYSIDE AUXILIARY Rafflell SONS OF ITALY (RO@IA LODGE) Raffle VIRGINIA BEACH SPCA Raffle Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara @l. Henley, Reba S. McClanani@, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council iviembers Absent: Mayor Meyera E. Oberndorf *Councilwoman McClanan VERBALLY ABSTAINED on the Raffle for Humana Hospital Bayside as she is a member of the Board of Humana Hospital Bayside Auxiliary. June 19, 1989 - 35 - Item V-H. 14 CONSENT AGENDA ITEM # 31406 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BEACH LIMOUSINE SERVICES, INC. Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19 1989 - 36 - Ttem V-H.15 CONSENT AGENDA ITEM # 31407 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $1,499.27 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara @l. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf RM NO. C.A. 7 6/6/89 EMC AN ORDINANCE AUTHORIZING TAX FTEFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion No. Paid Newman Homes Inc 88 RE(1/2) 79347-1 12/2/87 34.91 NewTnan Homes Inc 88 RE(2/2) 79347-1 6/5/88 34.91 Ameribanc Savings Banc 89 RE(1/2) 13583-2 11/20/88 4.58 Investors Savings Bank 88 RE(2/2) 122986-5 6/1/88 200.04 The Runnymede Corp 89 RE(1/2) 96518-7 11/29/88 91.50 City Federal Savings Bank 89 RE(1/2) 27280-0 12/5/88 22.88 Robert J & Linda Schwechten 89 RE(1/2) 99661-6 12/5/88 9.45 Sovran Mortgage Corp 88 RE(1/2) 53537-6 12/5/87 37.87 Sovran Mortgage Corp 88 RE(2/2) 53537-6 6/5/88 37.87 Sovran Mortgage Corp 87 RE(1/2) 51528-2 12/1/86 39.07 Sovran Mortgage Corp 87 RE(2/2) 51528-2 6/5/87 39.07 Sovran Mortgage Corp 86 RE(1/2) 49157-5 12/5/85 49.90 Sovran Mortgage Corp 86 RE(2/2) 49157-5 6/5/86 49.90 Monds Rentals 88 RE(1/2) 72844-4 6/5/88 241.95 Monds Rentals 88 RE(2/2) 72844-4 6/5/88 208.29 Cenland Assoc Ltd Partnership 89 RE(1/2) 18992-6 11/23/88 22.88 First Union Mortgage Corp 89 RE(1/2) 9351-0 11/30/88 78.01 Witchduck Fuel Oil & Burner 89 RE(1/2) 122192-4 5/9/89 106.31 William E & Mary Woodhouse 89 RE(1/2) 122810-6 12/5/88 24.40 Colonial Mortgage Co 89 RE(1/2) 49664-8 11/21/88 77.78 Colonial Mortgage Co 88 RE(1/2) 48047-9 12/5/87 43.85 Colonial Mortgage Co 88 RE(2/2) 48047-9 5/16/88 43.85 Total 1,499.27 This ordinance shall be effective from date of adoption. The above abatement(s) totaling c to paymo $1,499.27 were approved by the Council of the City of Virginia Beach on the 19day of junq, 1989 7o ph( Atk@@so@ p Zed as to form: Ruth Hodges Smith City Clerk Kevii nterim City Attorney - 37 - Item V-I. I APPOINTMENTS ITENI # 31408 BY CONSENSUS, City Council RESCffEDULED the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION June 19, 1989 - 38 - Item V-I. 2 APPOINTMENTS ITEM # 31409 Upon NOMINATION by Councilman Balko, City Council REAPPOINTED: SOCIAL SERVICES BOARD Howard M. Williams (4-year term from 7/1/89 - 6/30/93) Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19 1989 - 39 - Item V-I.3 APPOINTMENTS TTEM # 31410 Upon NO@IINATION by Councilwoman Henley, City Council REAPPOINTED: TIDEWATER COMMMITY COLLEGE BOARD Barbara M. Cromwell (4-year term: 7/1/89 -6/30/93) Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19, 1989 - 40 - Item V-J. 1. UNFINISHED BUSINESS ITEM # 31411 Councilman Moss referenced the meeting of the "TURN OF THE CENTURY STRATEGIC PLANNING COMMITTEE" on Tuesday, June 27, 1989, 7:00 P.M. at the Central Library. Councilman Moss advised that during the third meeting on Tuesday, June 13, 1989, at Old Donation School for the Talented and Gifted, much discussion entailed the subject of excellence and "children at risk". Councilman Moss relayed the concerns of Councilman Sessoms. The "TURN OF THE CENTURY STRATEGIC PLANNING COMITREE" agreed to extend their time line to September. The Chamber of Commerce is investigating polling all 1200 members in a survey. - 41 - Item V-K. 1. NEW BUSINESS ITEM # 31412 Giles Dodd, Assistant City Manager for Administration, responded to City Council concerns relative the Interim Financial Statements for the period of July 1, 1989, through April 30, 1989. June 19 1989 - 42 - Item V-K. 2. NEW BUSINESS TTEM # 31413 Vice Mayor Fentress referenced the VIRGINIA FREEDOM OF INFORMATION ACT effective July 1, 1989. Section 2.1-34.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia Law. A BRIEFING shall be SCHEDULED for the City Council Meeting of June 26, 1989. - 43 - Item IV-L.I. RECESS INTO ITEM # 31414 EXECUTIVE SESSION In accordance with Section 2. 1-344, Code of Virginia as amended, and upon motion by Councilman Baum, seconded by Councilman Ileischober, City Council RECESSED into EXECUTIVE SESSION for discussion of Personnel Matters (3:32 P.M.), after which to adjourn. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. Voting: 10-0 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, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 19, 1989 - 44 - Item IV-L.2. ADJOURNMENT ITEI@L # 31415 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the Meeting at 3:45 P.M. B@,,e,-ly O@ Chief Deputy City Clerk Vice Mayor uth lod . Sith, CMC City Clerk Mayor City of Virginia Beach Virginia