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Home My WebLink AboutJANUARY 28, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR -1@- E OBE@--, VIIE -- @OBERI ]..l A U., BI.,-,@ R--l @ ILYB-, -,ill, -- HEIX@O.E@, LOUI@ R j- -@,l IIUL j @-GIE 1.@,. -,l 11-@, A, @E-@, JR, -U. @, -.,@ "@ -11@ L -I. 1.1, Al@-@, CITY COUNCIL AGENDA Ull.- @@NIER @U- --@ES IIR-. JANUARY 28, 1992 ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber 3:3D PM A. FY 1992-1993 OPERATING BUDGET 1. BUDGET SURVEY E. Dean Block, Assistant City Manager for Economic Management ITEM 11. INFORMAL SESSION - Council Chamber - 4:3D PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 111. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Ernest @-. Roebuck Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSION - January 14, 1992 G. RESOLUTIONS 1. Resolution authorizing the ISSUANCE and SALE of General Obligation Refunding Bonds, Series of 1992, of the City of Virginia Beach, Virginia, providing for the form, details and payment thereof, the refunding of certain bonds of the City and directing the City Manager to execute the Bond Purchase Agreement and as well as the Escrow Deposit Agreement. 2. Resolution expressing support for the Virginia Beverage Container Recycling Act as endorsed and adopted by the Hampton Roads Planning District -Uommission (1991 Senate Bill 660). (Sponsored by Mayor Meyera E. Oberndorf) 3. Resolution to expand and restructure the Citizents Advisory Gommittee, renaming it the Housing and Neighborhood Preservation Advisory Committee. (Sponsored by Vice-Mayor Robert E. Fentress) 4. Resolution directing the City Manager to review other localities to determine the use, if any, of term limitations on their respective local governing body. (Sponsored by Councilman Paul J. Lanteigne) 5. Resolution referring to the Planning Commission proposed Amendments to Sections 111, 233.1, 401 and 1001 of the City Zoning Ordinance re firewood preparation facilities. (Sponsored by Councilman Paul J. Lanteigne) H. PUBLIC HEARING 1. PLANNING a. Application of GENERAL RENTAL CO., INC., d/b/a Taylor Rental Center for a Conditional Use Permit for motor vehicle rental on the North side of VirginTa Bea h@Boule ard, 650 feet more or less East of Davis Street (5544 Virginia Beach Boulevard), containing 1.922 acres (BAYSIDE BOROUGH). Deferred: December 17, 1991 Recommendation: DENIAL b. Application of E. EUGENE COOKE to authorize a change in a nonconforming use at 6102 Oceanfront Avenue (to construct an addition to the single-family home and replace the flat roof by installing a pitched root on two existing structures) (LYNNHAVEN BOROUGH). Deferred: December 17, 1991 Staff Recommendation: APPROVAL c. Application of REVEREND JOHN GIMENEZ (ROCK MINISTRIES, INC.) for a Conditional Use Permit for boarding horses on the South side o Ind'lan @iver Road, 4600 eet West of West Neck Road (2865 Indian River Road), containing 24 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL d. Petition of VIRGINIA BEACH MARLIN CLUB, INC. and WALTER CASON BARCO for the discontinuance. closure and abandonment of the following par els (VIRGINIA'B .ACH BOROUGH)-. Parcel 1: Portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of 48 feet along the Northern property line (Southern boundary of Block 30, Shadow Lawn Heights) and running in a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1327 square feet. Parcel 2: Portion of Mediterranean Avenue, running a distance of 41 feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1547 square feet. Recommendation: APPROVAL e. Application of NEWTOWN SQUARE ASSOCIATES, a Virginia General Partnership, for a Conditional Use Permit for a binoo hall in Unit 2, Newtown S uare Shopp-ing Center (544 N @t wn Road), containing 10,883 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL f. Application of CLAUDE M. SCIALDONE for a Conditional Zonina District Classification from AG-2 Agricul-rural District to B-1 Busine s-Res'ldent'ial Dis. ast side of North Landing Road at tremity of Courthouse Drive (24 37 North Landing Road), containing 24 306 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL g. Application of ARAGONA LODGE NO. 1198, LOYAL ORDER OF MOOSE, INC. for a Conditional Zonina District Classification from R-7.5 ResidenTial uistrict to 0-2 Offic D'str'lct at the Northwest cor -r t Lynnhaven Prkay and Laplight Lane on Lots 34 -37, Block 1 3, Princess Ann, Plaza, containing 1.1161 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL h. Application of DAVID L. and JOAN E. JONES and BLAXTON V. TODD fora Conditional Zoninq District Classification from R-20 on the East side ess South of Propc eneral Booth Boulevard), contz ESS ANNE BOROUGH). Recommendation: APPROVAL i. Application of PHILIP F. OLAH for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance, at 6613 Pinewood Court (KEMPSVILLE BOROUGH). Recommendation: APPROVAL j. Ordinance to AMEND the Master Street and Highway Plan of the City of Virginia Beach adding, rel cating and deleting certain roads (Map/plans on file in the Planning Department): 1/5. Holland Road (change) 2. Elbow (Landstown) Road (change) 3. Courthouse Loop Extended (change) 4. Southeastern Expressway (change) 6. Princess Anne Road (change) 7. Residential Collector (delete) 8. Indian River Road (change) 9. Rosemont Road (delete) 10. Oceana Boulevard (define) 11. Dam Neck Road (change) 12. Grayson Road (designate) Deferred: January 14, 1992 Recommendation: APPROVAL 1- CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution requesting the General Assembly provide a $250,000 Grant with the City matching funds from CIP Project 3-002 re design costs for the Virginia Marine Science Museum Expansion. 2. Resolution directing the Director of Finance to authorize Citibank, N.A- to issue and deliver a new or duplicate $5,000 General Obligation Public Improvement Bond, Series 1985, bearing 8.40% annual rate of interest, to Sterling C. Caldwell and Diane B. Caldwell of Spartanburg, South Carolina, and Lynchburg, Virginia, respectively. (Bond Number R-3707 misplaced.) 3. Ordinance declaring a .8015 acre parcel, situated at Princess Anne Road and Bonney Road, as EXCESS property; and, authorizing the City Manager to convey same to Murray Wholesale Drug Corporation. 4. Ordinances to ACCEPT and APPROPRIATE to the Department of Mental Health, Mental Retardation and Substance Abuse FY 1991-1992 Operating Budget: a. $164,328 from the State Department of Mental Health, Mental Retardation and Substance Abuse re emotionally disturbed children and adult supported living services provided by the Virginia Beach Community Services Board. b. $29,073 Grant from the Virginia Institute for Developmental Disabilities at Virginia Commonwealth University re respite services to families with mentally retarded or developmentally disabled children provided by the Virginia Beach Community Services Board. 5. Ordinance to TRANSFER $18,500 within the Department of Mentaf Health, Mental Retardation and Substance Abuse FY 1991-1992 Operating Budget re purchase of a van to transport individuals participating in prevention activities. 6. Ordinance to ACCEPT and APPROPRIATE $28,000 Grants from the Virginia Department of Motor Vehicles to the Virginia Beach Police Department re selective DUI enforcement, Occupant Protection Lecture Program, and special trainlng in traffic accident reconstruction. 7. Ordinance to ACCEPT and APPROPRIATE $250 Donation from the Kempsvi I le Chapter of the American Association of Retired Persons to the Community Development Loan and Grant Fund re use in housing rehabilitation programs. 8. LOW BIDS: SUBURBAN GRADING & Lynnwood/Michaelwood $1,032,323.75 UTILITIES, INC. Sewerage and Water Facilities Contracts 18, IIA, and IIB (CIP 6-948/5-048) HENDERSON Ocean Lakes Park 298,000.00 INCORPORATED (CIP 4-949) 9. Ordinance authorizing special tax refund in the amount of $504.51. 10. Ordinance authorizing license refunds in the amount of $23,150.12. J. APPOINTMENT HUMAN RIGHTS COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS 1. FY 1992-1993 OPERATING BUDGET SCHEDULE M. ADJOURNMENT SCHEDULE FY 1992-1993 OPERATING BUDGET City Council Chamber TUESDAY, MARCH 31, 1992 PRESENTATION TUESDAY, APRIL 7, 1992 10:00 AM WORKSHOP TUESDAY, APRIL 14 1992 10:00 AM WO@KSHOP THURSDAY, APRIL 16, 1992 7:00 PM **PUBLIC HEARING** Green Run High School Auditorium TUESDAY, APRIL 21, 1992 10:00 AM WORKSHOP TUESDAY, APRIL 28, 1992 6:00 PM PUBLIC HEARING THURSDAY, MAY 7, 1992 RECONCILIATION WORKSHOP TUESDAY, MAY 12, 1992 2:00 PM APPROPRIATION ORDINANCES COUNCIL SESSIONS CANCELLED MAY 5, 1992 CITY COUNCIL ELECTION DAY 1/23/92 1 bs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginla Beach, Virginia January 28, 1992 Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for the CITY COUNCIL WORKSHOP relative the FY 1992-1993 OPERATING BUDGET (BUDGET SURVEY) in the Council Chamber, City Hall Building, on January 28, 1992, at 3:30 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,@ Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Absent: Nancy K. Parker (OUT OF THE CITY) - 2 - C I T Y C 0 U N C I L W 0 R K S H 0 P FY 1992-1993 OPERATING BUDGET BUDGET SURVEY 3:30 P.M. ITEM # 35259 The City Manager distributed the Tabulatlon of Department Head Responses r relative ranking each City program as to how close It ,upports the mission of the City. A summarization of the combined responses, City Council and Department Heads, was also enclosed. E. Dean Biock, Assistant City Manager for Economic Management, advised the City Council survey reflects a strong general consensus on the part of this body as apparent by the clustering ot the data. The City Council displayed a strong sense of choice within agencies relative the relationship of the various programs to the mission. Mr. Biock advised the survey reflected the virtue of examining programs at a reasonably detailed level and attemptlng to set priorities. The Questionnaire Survey provided assistance regarding relationships between the questions and rankings, areas where there was a consensus and areas appropriate for further discussion. The City Council feels there are methods to provide efficiencies In economies In both School and City operations. The Clty Council provided a strong message to take steps to "root out" Inefficiencies. At the same time, there Is a strong sense that the City Council believes the vast majority of City services are effective. Concerning the approaches of the FY 1992-1993 OPERATING BUDGET, the City Council did not wish to raise Personal Property Taxes, layoffs would be a last resort and budget cuts, if necessary, should be made on the basis of priorlties and programs. Fee Increases might be a potentially acceptable approach to bringing In additional funds or possibly even shifting programs that are now partially selt-supported by the General Fund to more of a "pay-as-you-go" basis. In some areas by Increasing fees, a program could be self-supporting and no longer a drain in terms of a subsidy from the General Fund. Concerning the question on the survey whether there should be programs that are self- supporting which now receive a subsidy trom the General Fund, the City Council had indicated some of these programs should be examined, 1. e. the Farmer's Market. Concerning City employee salaries, City Council indicated their interest and concern with these issues as important; however, this concern cannot override the problems faced in terms of maintaining services and avoiding layoffs. There Is a strong desire to address employee needs, but not at the expense of these other issues. The excercise given to City Council involving the allocation ot $1-MILLION being spent and then cut, reinforced the program rankings, as well as valuable information was provided concerning this process. Over the last several years, the Capital Improvement Program has been seen as a priority. Now, there appears to be a shitt and more of a willingness to scale back, hold off on some of the projects, and look for ways to build the project a little bit less expensively In order to preserve jobs and maintain operational services. The surveys reflected schools should be subject to the same scrutiny, as any City Department. The schools should not be immune and there are limits on the commitments. Mr. Block advised there was not much support for wide-spread privitization. There was support for public-private partnerships, where appropriate. There was a general preference for not compensating State budget cuts. The City will face that problem in this budget. The City simply cannot make up these deficiencies There was a narrow majority of Council which indicated a preference for some type of citizen survey concerning how the public feels relative effectiveness of City services. It appeared, however, the City Council might wish some Involvement in this process to get a "picturell ot what is going to happen betore it happens. Overall, this appeared to be a positive process. - 3 - C I T Y C 0 U N C I L W 0 R K S H 0 P FY 1992-1993 OPERATING BUDGET BUDGET SURVEY ITEM # 35259 (Continued) Mr. Block advised there was very seldom two category gaps between the City Council and Department Head's survey. Thls survey is not about a fact, It is about perception, attitude, opinlon and judgment. Mr. Block advised one ot the areas where the City Council believed the efficiencies of the services could be improved was the City's Inspections and regulatory services. Councilman Baum referenced his request to the City Attorney to explore the possibility of an Advisory Referendum in thi5 May Councilmanic Election concernlng tax increases for either school pay or buildings. Mr. Block advlsed the information was disseminated by Budget and they made themselves available for discussion with individual departments. Information was utilized to do some contingency planning. City Staff has gone back to the agencies that did not enjoy the favorable rating and asked them how they would respond to a worst case scenario. Mr. Block advised methods are being Investigated, it employees were being transltloned, to identify ways to reduce the contractlonal or consultant services. These services might possibly be handled by a City employee and thus keep the dollars "at home", Instead ot spending them outside the City or State. Mayor Oberndorf referenced the FY 1992-1993 OPERATING BUDGET SCHEDULE and the Amendment to City Code Section 1-27 deleting the requirement for two Readings of appropriation and tax levy ordinances. Tuesday, March 31, 1992 SPECIAL SESSION PRESENTATION Tuesday, April 7, 1992 WORKSHOP 10:00 A.M. Tuesday, April 14, 1992 WORKSHOP 10:00 A.M. Thursday, April 16, 1992 PUBLIC HEARING Green Run High School 7:00 P.M. Tuesday, April 21, 1992 WORKSHOP 10:00 A.M. Tuesday, April 28, 1992 PUBLIC HEARING 6:00 P.M. Thursday, May 7, 1992 RECONCILIATION WORKSHOP Tuesday, May 12, 1992 APPROPRIATION ORDINANCES 2:00 P.M. Mayor Oberndorf and Councilwoman McCianan believed the City Council Session of May 12, 1992, should be an advertised PUBLIC HEARING, as well as the FINAL ADOPTION of the Ordinances. Concerning the PUBLIC HEARING on April 28, 1992, in the Council Chamber, the City Manager will examine options available for another location. - 4 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 35260 Mayor Oberndorf referenced THE BEACON cover story ot January 15, 1992, concerning Interviews with new School Board Members. Mrs. Andrea Whitehurst, a Teacher at North Landing School, had forwarded this article to the Mayor and requested she distribute same to Members of City Council for their perusal. ITEM # 35261 Mayor Oberndorf advised City and State Magazine ranked Virginia Beach among cities throughout the nation who are most positively handling their budgeting as well as the bond rating and standings. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 35262 Councilwoman McClanan distributed the article from the Richmond Times Dispatch concerning the evaluation ot the Erosion and Sedimentation Law of al I the localities In the State. The scores on enforcement range from "O" to "19". Two localities in the State were rated 1119": Virginia Beach and James City County. ITEM # 35263 City Council referenced the Resolution to expand and restructure the Citizen's Advisory Committee, renaming it the Houslng and Neighborhood Preservation Advisory Committee (See Item 111-G.3 of Resolutions). Maryanne Ustick, Director ot Housing and Neighborhood Preservation, will advise the concept ot this restructuring and those representatives of the TARGET NEIGHBORHOODS will voice their concerns. City Council will consider WITHDRAWAL of this Resolution. ITEM # 35264 BY CONSENSUS, City Council chose to RESCHEDULE appointments to the HUMAN RIGHTS COMMISSION. - 6 - ITEM # 35265 The INFORMAL SESSTON of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, January 28, 1992, at 5:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Absent: Nancy K. Parker - 7 - ITEM # 35266 Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, discipilning, or resignation of specific public ofticers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Human Rights Commission Personnel Board Citizen's Advisory Committee 2. LEGAL MATTERS: Consultation with legal counsel or brieflngs by staff members, consultants or attorneys pertaining to actual or probable I ltigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). 1. To-Wit: Lake Gaston Litigation Matters: Roanoke River Basin Association, et als V. Hudson State of North Carolina v. (;!ty of Virginia Beach City of Virginia each v. Lacy H Thornburg City of Virginia Beach v. Champion International Mecklenburg County v. City of Virginia Beach 2. Water Resource Supply Legal Issues Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf and Wi I liam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Nancy K. Parker - 8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL January 28, 1992 6:05 P.M. Mayor Meyera E. Oberndort cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci 1 Chambers, City Hal I Bul Iding, on Tuesday, January 28, 1992, at 6:05 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCi anan, Mayor Meyera E. Oberndort and Wi I I i am D. Sessoms, Jr. Council Members Absent: Nancy K. Parker INVOCATION: Reverend Ernest G. Roebuck Calvary Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 9 - Item III-E.l. ANNOUNCEMENT ITEM # 35267 Mayor Oberndorf requested Reverend Roebuck remember in his prayers, former Councilman John L. Perry. Mr. Perry's daughter called the Mayor last night, advising her father had lapsed into a Coma and was in Bayside Hospital. I - 10 - Item III-E.2. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35268 Upon motion by Counci lman Clyburn, seconded by Counci iman Heischober, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. only public business matters lawfully exempted from open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such pub l ic business matters as were identified In the motion convening the Executive Session were heard, discussed or considered by Virginia,Beach City Council. Appointments were not discussed In Executive Session. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Wil liam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker 41, Xr,ooluttolt - CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35266, Page No. 7 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rgth Hodges Smith, CMC/AAE @ity Clerk January 28, 1992 Item 111-F.I. MINUTES ITEM 35269 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 14, 1992. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 12 - Item Ill-G.l. RESOLUTIONS ITEM # 35270 George B. Pugh, Jr., Executive Vice President and Managing Director, Graigie, Incorporated, Post Office Box 1854, Richmond, Virginia Phone: 649-3932, presented the proposal to purchase the Refunding Bonds, the City Council previously authorized the City Staff to pursue. The Refunding encompasses the issuance of $37,590,000 General Obligatlon Bonds of the City, which will refund $33,905,000, previously issued bonds. This includes several issues from 1982, 1984, 1985 and 1987. The resulting savings in debt service to the City as a result of this transaction will total $2,472,799 over the term of the bonds and on a present value discounting basis, that represents $1,837,682 or 5.42% ot the bonds being refunded, a very favorable ratio. The bonds are being sold today at a true interest cost of 5.59%. Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED: Resolution authorizing the ISSUANCE and SALE of $37,590,000, General Obligation Refunding Bonds, Series of 1992, of the City of Virginia Beach, Virginia, providing for the form, details and payment thereof, the refunding of certain bonds of the City and directing the City Manager to execute the Bond Purchase Agreement as well as the Escrow Deposit Agreement. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William 0. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker At a regular meeting of the City Council of the City of virginia Beach, Virginia, held on January 28, 1992, at the time and place established by the City for such meetings, at which the following members were present and absent: PRESENT: John A. Baum Louis R. Jones James W. Brazier, Jr. Paul J. Lanteigne Robert W. Clyburn Reba S. McClanan Vice Mayor Robert E. Fentress Mayor Meyera E. Oberndorf Harold Heischober William D. Sessoms, Jr. ABSENT: Nancy K. Parker the following resolution was adopted by the affirmative roll-call vote of a majority of the members of the Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE John A. Baum Aye James W. Brazier, Jr. Aye Robert W. Clyburn Aye Vice Mayor Robert E. Fentress Aye Harold Heischober Aye Louis R. Jones Aye Paul J. Lanteigne Aye Reba S. McClanan Aye Mayor Meyera E. Oberndorf Aye William D. Sessoms, Jr. Aye RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $37,590,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES OF 1992, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND PROVIDING FOR THE REFUNDING OF CERTAIN BONDS OF THE CITY WHEREAS, the City of Virginia Beach, Virginia (the "City"), has the following bond issues outstanding: (a) General Obligation Road Bonds, Series of 1982, dated December 1, 1982, in the aggregate outstanding principal amount of $195,000 (the 111982 Road Bonds"); (b) General obligation Public Improvement Bonds, Series of 1982, dated Deceinber 1, 1982, in the aggregate outstanding principal amount of $3,105,000 (the "1982 Public Improvement Bonds") ; (c) General obligation Water and Sewer Bonds, Series of 1982, dated December 1, 1982, in the aggregate outstanding principal amount of $1,200,000 (the 111982 Water and Sewer Bonds"); (d) Public Improvement Bonds, Series of 1984, dated July 15, 1984, in the aggregate outstanding principal amount of $5,755,000 (the 111984 Public Improvement Bonds"); (e) Water and Sewer Bonds, Series of 1984, dated July 15, 1984, in the aggregate outstanding principal amount of $3,740,000 (the 111984 Water and Sewer Bonds"); (f) General Obligation Public Improvement Bonds, Series of 1985, dated February 1, 1985, in the aggregate outstanding principal amount of $15,945,000 (the 111985 Public Improvement Bonds"); (g) General Obligation Water and Sewer Bonds, Series of 1985, dated February 1, 1985, in the aggregate outstanding principal amount of $4,260,000 (the 111985 Water and Sewer Bonds"); (h) General obligation Public Improvement Bonds, Series of 1987, dated May 15, 1987, in the aggregate principal amount of $34,075,000 (the 111987 Public Improvement Bonds"); and WHEREAS, it appears that the City can effect considerable savings by issuing its general obligation refunding bonds in the amount of $37,590,000 (the "Bonds") to refund the following maturities of the following bond issues (collectively, the "Refunded Bondsto): (a) the 1982 Road Bonds maturing on November 1, 1993 and 1994, in the aggregate principal amount of $130,000 (the "Refunded 1982 Road Bonds"); (b) the 1982 Public Improvement Bonds maturing on November 1, 1993 and 1994, in the aggregate principal amount of $2,070,000 (the "Refunded 1982 Public Improvement Bonds"); (c) the 1982 Water and Sewer Bonds maturing on November 1, 1993 and 1994, in the aggregate principal amount of $800,000 (the "Refunded 1982 Water and Sewer Bondsil); (d) the 1984 Public Improvement Bonds maturing-on July 15, 1995 and 1996, in the aggregate principal amount of $2,620,000 (the "Refunded 1984 Public Improvement Bonds"); -2- (e) the 1984 Water and Sewer Bonds maturing on July 15, 1995 and 1996, in the aggregate principal amount of $1,700,000 (the "Refunded 1984 Water and Sewer Bonds"); (f) the 1985 Public Improvement Bonds maturing on February 1, 1996 through 2001, in the aggregate principal amount of $10,995,000 (the "Refunded 1985 Public Improvement Bonds."); (g) the 1985 Water and Sewer Bonds maturing on August 1, 1996 through 2000, in the aggregate principal amount of $2,530,000 (the "Refunded 1985 Water and Sewer Bondsit); (h) the 1987 General obligation Public Improvement Bonds maturing on May 1, 2001 through 2007, in the aggregate principal amount of $13,060,000 (the "Refunded 1987 Public Improvement Bonds"); and WHEgEAS, on January 22, 1992, the issuance of the Bonds to refund the Refunded Bonds was approved by the State Council on Local Debt as required by Section 15.1-227.46 of the Code of Virginia of 1950, as amended; and WHEREAS, there have been presented to this meeting forms of the following documents proposed in connection with the issuance and sale of the Bonds: (a) A Bond Purchase Agreement dated January 28, 1992 (the "Bond Purchase Agreement"), between the City and Craigie Incorporated, PaineWebber Incorporated, Shearson Lehman Brothers Inc., scott & Stringfellow Investment Corp. and Wheat, First Securities, Inc. (the "Underwriters"), setting forth the terms of the Bonds, the purchase price of the Bonds and the conditions pursuant to which they will be sold to the Underwriters; (b) A Preliminary Official Statement of the City dated January 22, 1992 (the "Preliminary Official Statement"), with respect to the offering of the Bonds; and (c) An Escrow Deposit Agreement to be dated as of February 1, 1992 (the "Escrow Agreement") , between the City and Citibank, N.A. , New York, New York, as Escrow Agent (the "Escrow Agent"), providing for the deposit and investment of bond proceeds for the refunding; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance and Sale. There shall be issued and sold $37,590,000 Bonds to provide funds to (a) refund the Refunded Bonds, including funds to pay the principal of and redemption premium and interest on the Refunded Bonds until their redemption, and (b) pay costs incurred in connection with refunding the Refunded Bonds and issuing the Bonds. -3- 2 Bond Details. The Bonds shall be designated "General obligation Refunding Bonds, Series of 1992,11 shall be dated February i, 1992, shall be in fully registered form, in denominations of $5, 000 and multiples thereof and shall be numbered R-1 upward. The Bonds shall bear interest at rates and shall mature in installments on the dates and in the amounts as follows: Interest Interest MaturitV Amount Rate Maturity Amount Rate 8/1/1992 $ 315,000 2.75% 8/1/1998 $ 655,000 5.10% 2/1/1993 295,000 3.25 2/1/1999 2,165,000 5.25 8/1/1993 1,790,000 3.25 8/1/1999 700,000 5.25 2/1/1994 300,000 4.00 2/1/2000 2,215,000 5.40 8/1/1994 1,710,000 4.00 2/1/2001 4,120,000 5.55 2/1/1995 310,000 4.40 2/1/2002 2,105,000 5.70 8/1/1995 2,225,000 4.40 2/1/2003 1,880,000 5.80 2/1/1996 1,840,000 4.70 2/1/2004 1,950,000 5.90 8/1/1996 2,850,000 4.70 2/1/2005 1,910,000 5.90 2/1/1997 1,935,000 4.90 2/1/2006 1,990,000 6.00 8/1/1997 615,000 4.90 2/1/2007 1,665,000 6.00 2/1/1998 2,050,000 5.10 Interest on each Bond shall be payable semiannually on February 1 and August 1, beginning August 1, 1992, (a) from February 1, 1992, if it is authenticated prior to August 1, 1992, or (b) otherwise from the February 1 or August 1 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case such Bond shall bear interest from the date to which interest has been paid) . Initially, one Bond certificate for each maturity shall be issued to The Depository Trust Company, New York, New York (IIDTCII), which is designated as the securities depository for the Bonds, or its nominee, and immobilized in its custody. So long as DTC is acting as securities depository for the Bonds, a book entry system shall be employed, evidencing ownership of the Bonds in principal amounts of $5, 000 or multiples thereof, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Bonds. Principal, redemption premium, if any, and interest shall be payable in lawful money of the United States of America by the Registrar, as hereinafter defined. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC shall be the responsibility of such parti- cipants and other nominees of beneficial owners. The City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. -4- In the event that (a) DTC determines not to continue to act as securities depository for the Bonds, (b) the chief financial officer of the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the chief financial officer of the City determines that continuation of the book entry system of evidence of ownership and transfer of ownership of the Bonds is not in the best interest of the City or the benef icial owners of the Bonds, the city shall discontinue the book entry system with DTC. If the City fails to identify another qualified securities depository to replace DTC, the City shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the forra as set forth in paragraph 5 with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form, and registration of transfer of the Bonds shall be permitted as described in paragraph 7. So long as DTC is the securities depository for the Bonds (a) it shall be the registered owner of the Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this resolution to registered owners or holders of the Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the tonds. 3. Redemption Provisions. Bonds maturing on or before February 1, 2002, are not subject to redemption prior to maturity. Bonds maturing on or after February 1, 2003, are subject to redemption prior to maturity at the option of the City on or after February 1, 2002, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of Bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption Both Date Inclusive Price February 1, 2002 to January 31, 2003 102 % February 1, 2003 to January 31, 2004 101 February 1, 2004 to and thereafter 100 If less than all of the Bonds are called for redemption, the maturities of Bonds to be redeemed will be selected by the chief financial officer of the City in such manner as he may determine to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be- redeemed will be selected by DTC or any successor securities depository pursuant to its rules and proce- dures or, if the book entry system is discontinued, will be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of -5- any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by registered or certified M&il, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner thereof. The City will not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption will be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender hereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor, shall be countersigned by the manual or facsimile signature of the Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon. No Bond signed by facsimile signatures shall be valid until it has been authenticated by the raanual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the following form: REGISTERED REGISTERED No. R-- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General obligation Refunding Bond, series of 1992 INTEREST RATE MATURITY DATE DATED DATE CUSIP February 1, 1992 REGISTERED OWNER: PRI.NCIPAL AMOUNT: DOLIARS -6- The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof, to the registered .owner thereof, or registered asgigns or legal representative, the principal sum stated above on the maturity date stated above, and to pay interest hereon semiannually on each February 1 and August 1, beginning August 1, 1992, at the annual rate stated above. Interest is payable (a) from February 1, 1992, if this bond is authenticated prior to August 1, 1992, or (b) otherwise from the February I or August I that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid). Principal and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed paying agent and registrar for the bonds, or at such bank or trust company as may be appointed as successor paying agent and registrar by the City (the "Registrar"). Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company (IIDTCII) , and the payment of principal and interest, the providing of notices and other matters shall be made as described in the City's Letter of Representations to DTC. This bond is one of an issue of $37,590,000 General Obligation Refunding Bonds, Series of 1992, of like date and tenor, except as to number, denomination, rate of interest and maturity, issued pursuant to a resolution adopted by the City Council on January 28, 1992, and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds to refund the City's (a) General obligation Road Bonds, Series of 1982, maturing on November 1, 1993 and 1994, in the aggregate principal amount of $130,000; (b) General Obligation Public Improvement Bonds, Series of 1982, maturing on November 1, 1993 and 1994, in the aggregate principal amount of $2,070,000; (c) General obligation Water and Sewer Bonds, Series of 1982, maturing on November 1, 1993 and 1994, in the aggregate principal amount of $800,000; (d) Public Improvement Bonds, Series of 1984, maturing on July 15, 1995 and 1996, in the aggregate principal amount of $2,620,000; (e) Water and Sewer Bonds, Series of 1984, maturing on July 15, 1995 and 1996, in the aggregate principal amount of $1,700,000; (f) General Obligation Public Improvement Bonds, Series of 1985, maturing on February 1, 1996 through 2001, in the aggregate principal amount of $10,995,000; (g) General obligation Water and Sewer Bonds, Series of 1985, maturing on August 1, 1996 through 2000, in the aggregate principal amount of $2,530,000; and (h) General Obligation Public Improvement Bonds, Series of 1985, maturing on May 1, 2001 through 2007, in the aggregate principal amouht of $13,060,000. Bonds maturing on or before February 1, 2002, are not subject to redemption prior to maturity. Bonds maturing on or after February 1, 2003, are subject to redemption prior to maturity at -7- the option of the City on or after February 1, 2002, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption Both Dates inclusive Price February 1, 2002 to January 31, 2003 102 February 1, 2003 to January 31, 2004 101 February 1, 2004 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed will be selected by the chief f inancial officer of the City in such manner as he may determine to be in the best interest of the City. If less than all the bonds of a particular maturity are called for redemption, the bonds within such maturity to be redeeraed will be selected by DTC or any successor securities depository pursuant to its rules and proce- dures or, if the book entry system is discontinued, will be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds that is obtained by dividing the principal amount of such bond by $5,000. The City will cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by registered or certified mail, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner thereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be Tnade to the person shown as the owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of the bonds of which this bond is one, together with 'all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. -8- liq WITNESS WHEREOF, the City of virginia Beach, Virginia, has caused this bond to be signed by the Mayor, to be countersigned by its Clerk, its seal to be affixed hereto and this bond to be dated February 1, 1992. COUNTERSIGNED: (SEAL) Mayr, Clty @ yi@ginia cler Beach, Virginia Be ASsiGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto [PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE:] (Ple e name Transferee) the within bond and all rights thereunder, hereby irrevocably constituting and appointing fer with full sal( power of substit ion in the premises. Dated: Signature Guaranteed OTIcE-. Signatu er guaranteed by a metab r f rm e of the New York Stock ame Exchange or a commercial bank of the registered owner as it or trust company. appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. -9- 6. Pledge of pul.1 paith and Credit. The full efnatitohf tahned principal I credit of the City are irrevocably P edgedinftoerretshte opaymthe Bonds. of and premium, if any, and Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law '. on all locally taxable property in the City sufficient to pay when due the principal of and interest on the Bonds. 7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar of the Bonds (the "Registrar"). If no qualified securities depository is the registered owner of the Bonds, the City may appoint a qualified bank or trust company as successor Registrar. The Registrar shall maintain registration books for the registration and exchange of Bonds. Upon presentation and surrender of any Bond to the Registrar, at i@s corporate trust office if the Registrar is a bank or trust company ', together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then rea--istered owner thereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principa preinium, if and interest and the exercise of all other rig l@ any, h s and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books on the 15th day of the month preceding the interest payment date. 8. Sale and Award of Bonds. The city authorizes the sale of the Bonds to the Underwriters in accordance with the terms of this resolution and the Bond Purchase Agreement. The Cit'y Manager is hereby authorized and directed to execute the Bond Purchase Agreement in the form presented to this meeting and deliver it to the Underwriters. 9. Final Official Statement. The City Manager is authorized and directed to execute an Official Statement in final form and deliver it to the Underwriters. The official Statement shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, with such completions, omissions, insertions and other changes as may be approved by the City Manager, in collaboration with the City's financial advisors and -10- the Underwriters, the execution thereof by the City Manager to constitute conclusive evidence of their approval of any such completions, OMissions, insertions and changes. The Underwriters are authorized to distribute the official Statement to Prospective purchasers of the Bonds, such distribution being conclusive evidence that it has been deemed final b the city as of its date within the meaning of Rule 15c2-12 of they securities and Exchange Commission. 10. Escrow Agreement. The City Manager, the City Treasurer and the City's Director of Fj.-nance, or any of them, are hereby authorized and directed to execute the Escrow Agr@ement. The Escrow Agreement shall be in substantially the form submitted to this meeting, with such coinpletions, omissions, insertions and other changes as may be approved by the Citv Manager, the City Treasurer and the City's Director of Finance, 'i-n collaboration with the City's bond counsel, the execution thereof by the City Manager, the City Treasurer and the City's Director of Finance, or any of them, to constitute conclusive evidence of their approval of any such completions ', omissions, insertions and changes. The Escrow Agreement shall provide for the irrevocable deposit of a portion of the proceeds of t@e Bonds (the "Refunding Portion") which will be sufficient, when invested in noncallable direct obligations of the United States Government to provide for payment of principal of and premium and interest on the Refunded Bonas; provided, however, that such funds shall be invested in such manner that none of the Bonds wil,l be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Codell). 11. Deposit of Bond Proceeds. The City Treasurer is hereby authorized and directed to provide for the deliverv of the Refunding Portion to the Escrow Agent for deposit in t-he escrow fund established by the Escrow Agreement, and to provide for the deposit of the remaining proceeds of the Bonds in a special account to be used to finance the costs of refunding the Refunded Bonds and issuing the Bonds. The City Treasurer is further authorized and directed to take all such further action as may be necessary or desirable in connection with the payment and redemption of the Refunded Bonds. 12. Redemption of Refunded Bonds. The Refunded 1982 Road Bonds, the Refunded 1982 Public Improvement Bonds and the Refunded 1982 Water and Sewer Bonds are specifically and irrevocably called for redemption on November 1, 1992. The Refunded 1984 Public Improvement Bonds and the Refunded 1984 Water and Sewer Bonds are specifically and irrevocably called for redemption on July 15, 1994. The Refunded 1985 Public Improvement Bonds and the Refunded 1985 Water and Sewer Bonds are specifically and irrevocably called for redemption on February 1, 1995. The Refunded 1987 Public Improvement Bonds are specifically and irrevocably called for redemption on May 1, 1997. -11- 13. Notice of Redemptio, of Refunded Bonds. The Escrow Agreement shall provide for publicatio, of notice that the Refunded Bonds have been refunded ana will be redeemed Qn their respective redemption dates. The Escrbw Agreement shall further Provide for (a) notice of the call for redemption of the Refunded 1982 Road Bonds, the Refunded 1982 Public Improvement Bonds and the Refunded 1982 Water and Sewer Bonds to be published twice in both a financial journal in the City of New York, New York, and a newspaper of general circulation publish@d in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 days nor more than 60 days prior to November 1, 1992, and (b) written notice of the call for redemption to be sent by registered or certified mail to (i) any owners of the Refunded 1982 Road Bonds, the Refunded 1982 Public Improvement Bonds and the Refunded 1982 Water and Sewer Bonds that have registered their names with Signet Trust Company as paying agent for such bonds, not less than 30 days nor more than 60 days prior to Novernber 1, 1992, and (ii) the registered owners of the Refunded 1984 Public Improvement Bonds, the Refunded 1984 Water and Sewer Bonds, the Refunded 1985 Public Improvement Bonds, the Refunded 1985 Water and Sewer Bonds and the Refunded 1987 Public Improvement Bonds, not less than 30 days nor more than 60 days prior to their respective redemption dates set forth in paragraph 12. 14. Preparation and Delivery of Bonds. After the Bonds have been sold, the officers of the City are hereby authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the Underwriter upon payment therefor. 15. Arbitrage Covenants. (a) The City represents that there have not been issued, and covenants that there will not be issued, any obligations that would be treated as part of the same issue of obligations as the Bonds within the meaning of Treasury Regulations Section 1.103-13(b)(10). (b) The City shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations issued pursuant thereto, or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing statutes. Without limiting the generality of the foregoing, the City shall comply with any provision of law which may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing statutes. 16. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are hereby authorized and directed -12- to execu@,2 an appropriate certificate setting forth the expected use and Investment of the proceeds of the Bonds in order to show that such expected use and investment will nOt violate the provisions of Section 14E3 of the Code and regulations issued pursuant thereto. Such certificate shall be in such form as raay be requested by bond counsel for the City. 17- LiMitation on Private Use. The CitY covenants that it shall not permit the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds being used in a trade or business carried on by any person other than a govern- more of % mental unit, as provided in Section 141(b) of the Code, (b) 5 or such I)roceeds being used with respect to any output facility (othe than a f a within the meaning of Section 141(b)(4) of the Code, or (c) e cility for the furnishing of wat r) , more of such proceeds being used directly or indirectly to 5% or make or finance loans to any Persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 18. Applicable Law. The City elects that the Bonds shall be issued pursuant to the Constitution of Virginia, the Public Finance Act of 1991, Section 15.1-227.1 et seq- of the Code of Virginia of 1950, as amended, and the City Charter. 19. Other Actions. All other actions of officers of the City and the Council in conformity with the purposes and intent of this resolution and in furtherance of the issuan-ce and sale of the Bonds and the payment and redemption of the Refunded Bonds are hereby ratified, approved and confirmed. The officers of the city are authorized and directed to execute and deliver all certificates and instruments and to take all action necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 20. Repeal of Conflicting ResolUtions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 21. Effective Date. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the city of virginia Beach, virginia, held on the 28th day of January, 1992, and of the whole thereof so far as applicable to the matters referred to in such extract. -13- WITNESS my signature and the seal of the CitY of Virginia Beach, Virginia, this - day of January, 1992. (SEAL) Clerk, Cit -f Virginia Beach, Virginia I I -14- - 13 - Item 111-G.2. RESOLUTIONS ITEM # 35271 The following spoke in SUPPORT of the R... lution: Maurene Sigmund, 3105 Dolphin Road, Phone: 481-4056, Vice President - Southeastern Association for Virginia Environment (SAVE) Rae H. LeSesne, 5325 Thornburg, Phone: 499-8008 Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, Charter Member Virginia Beach Audobon Society, Member of the Virginia Beach Beautificati,, Commission, Member of the Virginia Beach Clean Community Commission, Member of the Virginia Beach Council of Civic Organizations and Member of SAVE John F. Marshall, Jr., 8208 Ocean Front, Phone: 4 28-6384 , represented Virginians for Recycling. The retall grocer and distributer do not have to handle the returned containers, which has been one of the valid objections. Robert Dean, 1204 Shawn Drive, Chairman ot the Civic Organizations for the Virginia Beach Clean Community Commission, which orchestrates al I of the ADOPT-A-PROGRAMS and collection pick-ups throughout the City. Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City Council ADOPTED: Resolution expresstng support for the Virginia Beverage Container Recycling Act as endorsed and adopted by the Hampton Roads Planning District Commission (1992 Senate Bill 492 ). Mayor Oberndorf sponsored the Resolution and advised the correct Senate Bill was 1992 Senate Bill 492 and not Senate Bill 660 from the previous year. The Hampton Roads Planning District Commission endorsed the concept of deposit legislation embodied in the Virginia Beverage Container Recycling Act contingent on the return of substantial funds from the Virginia Beverage Container Recycllng Fund to localities and regional authorities. The City Council's support of the Virginia Beverage Container Recycling Act shail be contingent upon the verbiage contained in the Resolution (Lines 29 to 33): ... provided that such legislation shall make provisions for the return of substantial funds generated thereby to localities and regional authorities to finance the costs ot administering such a program." Voting: 7-3 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Voting Nay: James W. Brazier, Jr., Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Absent: Nancy K. Parker I A RESOLUTION EXPRESSING SUPPORT FOR 2 BEVERAGE CONTAINER RECYCLING 3 LEGISLATION 4 WHEREAS, discarded beverage containers contribute 5 substantially to the volume of solid waste which burdens the City's 6 landfill; 7 WHEREAS, the improper disposal of beverage containers 8 causes significant environmental concerns; 9 WHEREAS, the recycling of beverage containers of all 10 types results in savings of both energy and natural resources; 11 WHEREAS, beverage container recycling legislation would 12 encourage consumers to return beverage containers to specific 13 locations for recycling; 14 WHEREAS, such legislation can also provide for the 15 accrual of funds to be returned to local governments and regional 16 authorities to administer recycling programs; 17 WHEREAS, the staff of the Hampton Roads Planning District 18 commission prepared a study dated November 1991 (revised December 19 1991) entitled "Virginia Beverage Container Recycling Act - An 20 Analysis and Recommendation;" and, 21 WHEREAS, the study was endorsed and adopted by the 22 Executive Committee and the full Hampton Roads Planning District 23 Commission. 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That the council hereby expresses its support for the 27 virginia Beverage Container Recycling Act introduced by Senator 28 Joseph Gartlan in 1991 as Senate Bill 660 and encourages the 29 passage of such legislation by the 1992 General Assembly; provided 30 that such legislation shall make provisions for the return of 31 substantial funds generated thereby to localities and regional 32 authorities to finance the costs of administering such a program. 33 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 34 VIRGINIA, on the 28 day of -January 1992. 35 CA-4559 36 ORDIN\NONCODE\BEVERAGE.RES 37 R-2 11, Hdg.- ilh, CMCIAAE Cl,y Cl,,,k - 14 - Ite 111-G.3. RESOLUTIONS ITEM # 35272 Maryann 1- Ustick, Director - Housing and Neighborhood Preservation, advised by reso I ut i on adopted Apr i 112, 1 982, C i ty Counc i I estab I i shed the C i t i zen I s Advisory Committee to assist the Counci I in meeting the requirements of the 1981 Amendments to the Housing and Community Development Act of 1974. It has been restructured several times over the years. At the present time, the CAC is comprised of repr esentatives of the twelve (12) original designated TARGET neighborhoods and three At-Large Members. In November 1991, eight of the original 12 TARGET neighborhoods was completed. The City has undergone extensive change. A unique opportunity now exists to prevent the decl !ne of some of the city's older neighborhoods which are beginning to show signs of deterioration. in addition, the population of lower income and needy citizens has increased It is recommended that the composition of the CAC be restructur,d to reflect the changing needs and demographics of the City. The National Affordable Housing act of 1990 has created new federal ly funded programs to promote the preservation of neighborhoods and the avai labi I ity of decent and safe housing for lower income households. The following spoke in OPPOSITION: E. George Minns, Post office Box 4548, Phone: 671-2827, President - NAACP Rosa Norman, 110 North Birdneck Road, Phone: 425-7106, represented Seatack, Atlantic Park and surrounding area Civic Leagues. Susie D. Whitehurst, 1055 Norfolk Avenue, Phone: 425-1692, Citizens Action Coalition Member, represented Seatack, Atlantic Park and surrounding areas. Mrs. Whitehurst advised the CAC had not been given the opportunity to review this Resolution. The following registered in OPPOSITION, but WAIVED their right to speak: Ernest Benson, 2945 Queen City, represented the Queen City Civic League and CAC Alice Green, 1221 General Street, represented the CAC Nathaniel Tucker, 225 Doyleway, Phone: 499-9134, represented the Seatack Civic League Sadye Shaw, 5569 Daniel Street Road, Phone: 497-5435 Mary C. Evans, 209 Bassett Avenue Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ALLOWED WITHDRAWAL: Resolution to expand and restructure the Citizents Advisory Committee, renaming It the Housing and Neighborhood Preservation Advisory Committee. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker Item [If-G.4. RESOLUTIONS ITEM 35273 Rae H- LeSesne, 5325 Thornburg Lane, Phone: 497-8008 ADOPT a Resolution directing the City Manager to review other local 11ties to A motion was made by Councilman Lanteigne, seconded by Councilwoman M,C nan to determine the ,se, if any, of term limitations governing body. on th,ir respective local Upon SUBSTITUTE MOTION bv Counci Iman Ses oms, se CitY Council DENIED-. s conded by Counci Iman Jones, Resolution directinq the City Man,ger to review other local ities to-determine the 'se if any, of term limitations on their respe'ctive local governing body. Voting: 6-4 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones and WilliaM D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Paul J. Lanteiqne. Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: NanCy K. Parker - 16 - Item Ill-G.5. RESOLUTIONS ITEM # 35274 UPon motion by Counci Iman Lanteigne, seconded by Counci Iman Brazier, City Council ADOPTED: Resolution referring to the Planning Commission proposed Amendments to Sections 111, 233.1, 401 and 1001 of the City Zoning Ordinance re firewood preparation tacilities. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and W! I I iam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker A RESOLUfloN TO SSION PROPOSED TO SBCTTCNS 111, 233.1, 401 AND 1001 OF UM CMY ORDDWCE, P TO PREPARATTON P BE IT RESOLVED BY TfiE C)OLNCIL OF TM C=Y OF @IN.TA BEACH, @IM: 'Ihat there is hereby referred to the Plaming ssion, for its consideration and r tion, prcposed ts to add Section 233.1 and to Sections 111, 401 ar)d 1001 of the City Zoning Ordinarice, pertaining to firewood preparation facilities. Adopted by the city Council of the City of Virginia Beach, Virginia, on the 8 day of 1992. -AN ORDIMNCE M AMEND AND RBC)RDA19 SECITON 111 OF TTIE CITY ZONING ORDINANCE P G TO D=MON OF D PREP ON FACMM BE IT ORD BY THE CITY OC)TJNCIL OF @ CITY OF @MM BEACH, @MM: That the City Zoning Ordinance of the city of Virginia Beach be amended and reordained in part to read as follows: Section ill. Definitions P tion ty. A facility where the cuttirxj and splitting of firewood not grown on the pr@ses oc@s ard where the operation occLipies one acre or more. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of 1992. AN ORDINANCE TO AMEND AND RBC)RDAM MMCLE 2 OF THE CM ZONING ORDINANCE BY ADDING SE M ON 233.1 P G TO PREPARATTON FA BE IT BY IM CITY COMCIL OF UM CM OF @@ BFACH, @IM: 'Ihat Article 2 of the City Zoning Ordinarice of the City of Virginia Beach is hereby and reordaired by addirxj section 233.1 to read as follows: 233.1 (a) 11 be located where noi @b oval ion, Adopted by the City Council of the City of Virginia Beach, Virginia, on the- day of 1992. AN ORDMWCE TO AMEND AND RBDRDAIN SMMON 401 OF Rm CM ZC)NIGG ORDIMNCE P G TO @ARATION FACUM BE IT 0 BY UM CIW COUNCIL OF MM CITY OF BEACH, @t Section 401(a) of the City Zonirig Ordinance Of the City of Virginia Beach is h-eby and reordained to read as follows: Sec. 401. Use (a) Principal and conditional uses. 'Ihe foll-inci chart lists those uses permitted wi@ the AG-1 ar)d AG-2 Agrictiltural Districts. Those uses and structures in the respective agricultural districts @ll be permitted as eith- principal by a P or as coriditional uses indicated by a C. Uses and structures indicated bY - x shall be Prohibited in the respective districts. No uses or structures other than as specified shall be perndtted. USE AG-1 AC-2 Aciricultural, aquacultural and horticultural uses including or , vineyards, nurseries and Le rais@ and grazing of livestor-k, Poultry and swine and the keep@ of bees p p c c c@cial c c ------------------------------------------------------------ Borrow pit c c Ceme-tery, col ium, crematory and imusoleum c c Child care education centers in connection with public - Pri-te el@tary schools or churches p p ----------- - --- - --- - -- ------- - -------------------------- Child care education centers, day nurseries, other than those permitted as principal uses and structures, when not oper@ted by a public ag-cy c c Ch-ches c c C@ity centers c c -------------------- --------------------------------------- Country inns c c Drive-in theaters c c Dwelling, single family addition p p -------- - -------- - - - - - -- ----- - -- - - - --------------- - Dwellings, duplex x x Dwellings, single farrdly c c Family calre hcmes, foster hcmes or group homes c c FLre,o,d Preparation Facili -------------------------------------------------------- USE AG-1 AG-2 Fish ha@-ies and fish p.@ p Forests and for-try p p studeq dorm- pr-ided @t raile radius of c c Ganie preserves @lf @, including par 3 with a p p area of 10 acres, and @a@e golf H tions, including those c,,du@ c c -tside the Princ-ipal s@ctures c c - - --- - - - -- - -- -- ------- - ---- - - - - --------------------- H- f- the aged, disabled or handi-pped, ir)clud@ convalescent Or nurs@ h@ c c Hospitals and sanitari,= @g- -for fra@l o@zatior, c c c c M-'nas, nOn cial and ty b,)at docks Ma@ity homes c c MO i@q and convent, c c - -- - ------------- c c mu-- arld art galleries when not opera@ ------------- by a pliblic agency c c Pri-te sch-ls having @icul@ similar to public schools Pri-te -ge trea@t facilities c c Public elementary, in ate and high c c sch-1s, -lleg- and universities; day n--i- i-n ---tion with public or Pri-te el@tary schools or churches p p -------------------------------------------------------------- Public P-ks, recreational areas, bc)tanical and zoological gardens, golf cc)urses, nrinas and other public hdl@s @ uses p p Public utility installations and substtins; Provided offices, storage or Mintenance facilities shall not be permittd; and provided, further, that utilities substations other tha, ir)dividual transfo@s, shall be @ound,-d by categOrY v -eening, solid except for entrances and exits; and Provided also, transfo@ vaults f- ur)derground utilities @ the like shall require Category I -eening, solid except for access openings pp Public utility transfo@ stations and inajr transmissiOn lines and towers (50,000 vlt.S or wre) cc USE AG-1 AG-2 Re=p-ation and t facilities of an @-r nature other than those specified as prirr-ipal uses, which my be partially or teniporarily enclosed on a seasonal basis, with the approval of City Council c RP-@ of agricaltural @pnent c c Recreatiorial c c Retail sales of garden suipplies, eqliipment, and mterial, as a @idiary use to a plant nursery, pr-ided that the sales is enclosed and limited to a floor ;;rea of five hundred (500) square feet. c c -- - ------- - -------- - Riding academies, horses for hire or boarding c c Shelter for farm ezployees c c Storage and maintenance installations for public utilities c c - ------- - --------------- Television or other broadcastim stations and line of sight relay devices c c Wells, water reservoirs, and water control structurp@ p p Adopted by the City Council of the City of Virginia Beach, Virginia, on th day of 1992. ORDItAANCE M AMM AND REORDAIN SBCTION 1001 OF UM CM WNING ORDIMANCE P TO USE ONS IN nM I-1 AND I-2 DWSTRIAL DI=CRS BE 1T BY TfiE CDWCTL OF THE CITY OF @@ BEACH, =WM: That Section 1001 of the City Zoning ordinance of the City of Virginia Beach is hereby ed and reordained to read as follcws: Sec- 1001. Use (a) Principal and corklitional uses. The following chart lists those uses permitted wi@ the I-1 and I-2 ial Districts. Those uses and stru@es in the respective industrial districts shall be permit@ as either prmcipal uses irdicted by a P or as corditional uses @cated by a C. u@ and structures @ca@ by an x shall be prohibited in the respective districts. No uses or stru@es other as specified shall be permitted. Use I-1 I-2 Airports, helipc)rts and helis@; p p Au@bile service stations, provided that where there is an adjoining residential or aparb-aent district without an in street, alley or pen-n-t open spa- twenty-five (25) feet in width and where lot-s separated by the district boundary have adjacent front yards, a,six (6) foot solid fence with Category VI screemm shall separate the automobile service station use fr(xn the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or a t district; c c Au@tive rental, parts and supply stores; proyided that no outside storage is included (excluding operative equipment); p p - --------- - ------ -- - - - - - - - --------------- - ------------ Automotive re@ garages; c p Autcmbile service establishments dealing exclusively in service and mi-nor repairs of the provided at autamc)bile service stations; p p Bingo Halls c c Borrow pits; c c Bulk storage yards and building contractor's yards; provided that no sale or processim of scrap, salvage, or seco m@ial shall be permit@ in such yards; and, provided further Uat additional requirements as lis@ in Section 226 are Tnet. c p Bus medical, f ial, nonprofit, p p professional and sim'lar office buildings; car @ facilities, provided that: (i) No water produced by activities on the zoning lat shall bp- permitted to fall upon or drain across public streets or sid or adjacent pr@es; (ii) A minimm of three (3) off-street parking spaces for autcmobiles shall be p - ided for each car @ space within the facility. c x collection depots for recyclable raterials; c x EatiM and dr establi ts, except p P. specified below EatiM and dr establishmnts which serve alcoholic beverag- for on-premses con- @tion and which are located within 500 feet of a residential or apartment district or have on-site parkirig within 300 feet of a residential or apartment district; c c Establi ts such as linen suppliers, freight mvers, communication services and canteen services; p p Establi ts which deliver Tnerdiandise i-n bulk by txuck - -; p p --------------------------------------------------------------- Explosives mnufa@ @, storage @ distribution; x c Facilities for const-ruction, mintenan- and re@ of vessels; x p Fir @ Pre ation Facili p p Heavy equipment sales anci service; p p Hotels and rotels; provided the following conditions are mt: (i) Frontage shall be on a rajor or secondary street or high-y; (ii) The minimum lot size shall be forty thousand (40,000) square feet and a lot width of one hundred fifty (150) feet: (iii) Density regulatio- Of the H-1 Hotel District shall apply; (iv) Accessory uses shall be limited to eat @ and dr establishrents, gift shops and travel agencies; (V) P-king r@-ts of at least one space per one (1) lodging unit shall be pravided in addition to the reqairements for an accessory -e; (vi) Front yards shall have a depth of thirty (30) feet and, except for necessary driveways, shall be mintained in landscap@ and shall not be used for parking; (vii) Sig- shall conform to the sign r@-ts @pplicable c x within H-1 Hotel District rea-ulations. Manufa@ing, processing, cting, packaging or fabricating establi ts; provided that the followirig uses shall not be allowecl: (i) E>Cplosive marmfacturing, storage and distribution; (ii) Petroleum process@; (iii) Processing or @ide storage of salvage, -p - junk; p p military installations; x p Mobile hare sal,---; c x motion picture studios; p p Petroleum process x c Piers wharves and docks; x p Printing, lithographic - publi@ establi ts; p p Public haidings and grounds; p p ----- -- -------------- Public schools, colleges and universities, and private schools, colleges and universities having similar academic.curriculums; c x PLiblic utilities installations and substations including offices; provided storage or raintenance facilities shall not be permitted; and provided, further, that utiliti,-@ @tations, other than individual transformers, shall be surrounded by Category VI screening, solid except for entrances and exits and provided also, transfo@ vaults for underground utilities and the like shall r@e only Category I scr solid except for access opening; p p Public utility transformr stations and rajor transmission lines and tcwers (fifty thousand (50,000) volts or mre); c c - ------ - -------------------------- Radio or television transmission and relay stations; c c Recreational faciliti- 6f an outdoor nature, which my be partially or teniporarily enclosed on a @nal basis with approval of city council, except that riding academies and recreational ounds shall not be all@ as a corklitional use or otherwise; c x Re=eational facilities other than those of an outdoor nature p p Repair establi ts; provided that no outside storage is included (excluding mobile operative equip-t) ; p p Ship supply establi ts and facilities; x p Storage - pr-im of salvage, scrap or junk x c -- - ----- - -- - ------- - ------ Terminale for freight pass.eng- arriving or departing bv @p; x p trade Vocational, te&-ical, ial and p p schools - Wholesale and retail establ ts dealincj primrily in bulk material @ delivered by sbip, or by @p and railroad or ship and tnick in ccubination. x p Wholesaling, warehousing, storage or distri-bution establi ts; p p Adapted by the Council of the City of Virginia Beach, virginia, on the- day of 1992. 1 7 Item ill-I.H.1 PUBLIC HEARING ITEM # 35275 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) GENERAL RENTAL CO., INC. d/b/a Taylor Rental Center CONDITIONAL USE PERMIT (b) E. EUGENE COOKE CONDITIONAL USE PERMIT (c) REVEREND JOHN GIMENEZ CONDITIONAL USE PERMIT (d) VIRGINIA BEACH MARLIN CLUB, INC. STREET CLOSURE (e) NEWTOWN SQUARE ASSOCIATES CONDITIONAL USE PERMIT (f) CLAUDE M. SCIALDONE CONDITIONAL ZONING DISTRICT CLASSIFICATION (g) ARAGONA LODGE NO. 1198, CONDITIONAL ZONING DISTRICT LOYAL ORDER OF MOOSE CLASSIFICATION (h) DAVID L. AND JOAN E. JONES AND CONDITIONAL ZONING DISTRICT BLAXTON V. TODD CLASSIFICATION (i) PHILIP F. OLAH VARIANCE (j) MASTER STREET AND HIGHWAY PLAN AMENDMENTS - 18 - Item 111-I.H.l.a. PUBLIC HEARING ITEM # 35276 PLANNING Ray Wilson, 5444 Virginia Beach Boulevard, Area Manager for Taylor Rental Tom Crockett, 5444 Virginia Beach Boulevard, District Dealer Manager for Ryder Truck Rental Upon motion by Counci Iman Jones, seconded by Counci Imen Heischober, City Counci I DENIED an Ordinance upon application of GENERAL RENTAL COWANY, INC., d/b/a TAYLOR RENTAL CENTER tor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GENERAL RENTAL CO., INC. d/b/a TAYLOR RENTAL CENTER FOR A CONDITIONAL USE PERMIT Ordinance upon application of General Rental Co., Inc. dba Taylor Rental Center for a Conditional Use Permit for motor vehicle rental on the north side of Virginia Beach Boulevard, 650 feet more or less east of Davis Street. The parcel is located at 5444 Virglnia Beach Boulevard and contains 1.922 acres. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 19 - Item 111-H.I.b. PUBLIC HEARING ITEM # 35277 PLANNING The C ity C I erk reterenced corresp on dence of Bruce W. Gallup of January 21 1992, requesting WITHDRAWAL. Said letter is hereby made a part of the record. Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ALLOWED WITHDRAWAL of the application of E. EUGENE COOKE to authorize a change In a non-conforming use. Application of E. Eugene Cooke for the enlargement of a nonconforming use on property located at 6102 Oceantront Avenue (to construct the addition to the s i ng I e-f ami I y home and rep I ace the f I at roof by installing a pitched roof on two existing structures) LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCl anan, Mayor Meyera E. Oberndort and Wi I I i am D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 20 - Item 111-H.l.c. PUBLIC HEARING ITEM # 35278 PLANNING Paul Day, Agent for Rock Church, represented the applicant Upon motion by Counci lwoman McCianan, seconded by Counci iman Brazier, City Counci I ADOPTED an Ord i nance upon appl!cation of REVEREND JOHN GIMENEZ (ROCK MINISTRIES, INC.) for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF REVEREND JOHN GIMENEZ (ROCK MINISTRIES, INC.) FOR A CONDITIONAL USE PERMIT FOR BOARDING HORSES R01921411 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ot Reverend John Gimenez (Rock Ministries Inc.) for a Conditional Use Permit tor boarding horses on the south side of Indian River Road, 460 feet west of West Neck Road. The parcel is located at 2865 Indian River Road and contains 24 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Horses shall not be avai lable for rent by the public. This Ordinance shal I be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Counci I ot the City of Virginia Beach, Virginia, on the Twenty- elghth of Januarv. Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lantei'gne, Reba S. McCianan, Mayor Meyera E. Oberndorf and Wi I liam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 21 - item 111-H.l.d. PUBLIC HEARING ITEM # 35279 PLANNING Attorney John Richardson, 2101 Parks Avenue, Suite 801, Phone: 422-4700, represented the applicant The fol lowing citizens registered in SUPPORT of the application but WAIVED their right to speak: Pat Milmos, 308 Mediterranean Avenue, Phone: 428-1804 W. Cason Barco, 227 Mediterranean Avenue Betty T. Savage, 527 Winston Salem Avenue Robin Barefield, 2570 Oceanshore Avenue, Phone: 481-1974 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Counci I APPROVED subject to compl iance by August 11, 1992, the petition ot VIRGINIA BEACH MARLIN CLUB, INC. AND WALTER CASON BARCO for the discontinuance, closure and abandonment of portions of Greensboro Avenue and Mediterranean Avenue. Petition ot Virginia Beach Marlin Club, lnc. and Walter Cason Barco for the discontinuance, closure and abandonment of the tollowing parcels: Parcel 1: Closure of a portion ot Greensboro Avenue Ee-ginning at the northwest Intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of 48 feet along the northern property line (southern boundary of Block 30, Shadow Lawn Heights) and running in a southeasterly direction to the southwest intersection of Greensboro Avenue and Mediterranean Avenue. Parcel 2: Closure of a partion of Mediterranean Avenue, running a distance of 41 feet along the eastern property line (western boundary of Lot 1, Block 18, (Shadow Lawn Heights) and running in a northwesterly direction to the southwest intersection of Greensboro Avenue and Mediterranean Avenue. VIRGINIA BEACH BOROUGH. The tollowing conditions shall be required: 1. It appears that the applicant owns the underlying fee for the right-of-way proposed tor closure. This is subject to verification by the City Attorney's Office. Under current policy, purchase from the City would not be required. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels. 3. An access easement is required to provide access to Lake Rudee for public pedestrian traffic and tor City services. 4. An easement satisfactory to Virginia Power is required over the electric facilities located within the rights-of-way proposed for closure. Evidence that this condition has been met must be submitted to the Planning Department prior to final street closure approval. - 22 - Item 111-H.I.d. PUBLIC HEARING ITEM # 35279 (Continued) PLANNING 5. Development of the si te shaII be subs tanti ally in compliance with the site plan submitted by the applicant to the Planning Department. If the permits are not issued by the Army Corps of Engineers, there shall be a reverter clause that the easement shall return to the City. 6. The applicant shall submit a revised ordinance to the City Attorney's office closing the rights-of- way. The redraft shall include a "save and except" clause for the easements required by Conditions #3 & #4 and shall reference the reverter clause required by condition #5. The reverter clause shall also be incorporated into a restrictive covenant and reverter agreement to ensure all the conditions shal I be met within the time frame set forth in condition #5 above. 7. There is to be no dredging, filling, bulkheading or any other waterfront related activity prior to obtaining the necessary permits from State, Local and Federal agencies. 8. Closure of the rights-of-way shal I be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council (August 11, 1992). Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker This item was MOVED FORWARD to the beginning of the PLANNING ITEMS, as Attorney Richardson had to attend an Emergency Medical Services Training Class. - 23 - Item 111-H.l.e. PUBLIC HEARING ITEM # 35280 PLANNING Joseph W. Boyd, 1460 Fi ve HI II Tri al , Phone: 490-1939, Genera l Partner - Newtown Square Associates. Upon motion by Counci Iman Jones, seconded by Counci Iman Heischober, City Counci I ADOPTED an Ordinance upon appl ication of NEWTOWN SQUARE ASSOCIATES, a Virginia General Partnership, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEWTOWN SQUARE ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A BINGO HALL R01921412 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Newtown Square Associates, a Virginia General Partnership for a Conditional Use Permit for a bingo hal I in Unit 2, Newtown Square Shopping Center. Said parcel is located at 544 Newtown Road and contains 10,883 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. Approval is for a period of one year after the operation is open for business. The parking needs of the shopping center will be evaluated annually. 2. The applicant shall submit to the Planning Department a revised plan depicting all additional parking that can be accommodated on the site and the lot shall be restripped accordingly. If minimum parking requirements cannot be met, a variance is required from the Board of Zoning Appeals. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth ot January, Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 24 - Item 111-H.l.f. PUBLIC HEARING ITEM # 35281 PLANNING Attorney Char I es Sa I I e 1 92 Ba I I ard Court, Phone: 490-3000 , represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of CLAUDE M. SCIALDONE for a Conditional Zoning District Classification: ORDINANCE UPON APPLICATION OF CLAUDE M. SCIALDONE FOR A CONDITIONAL ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-1 Z01921339 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Claude M. Scialdone for a Conditional Zoning District Classification from AG-2 Agricultural District to B-1 Business- Residential District on the east side of North Landing Road at the eastern extremity of Courthouse Drive. The proposed zoning classification change to B-1 Business-Residential District is for commercial land use. The Comprehensive Plan recommends use ot this parcel for retail/service. The parcel is located at 2437 North Landing Road and contains 24,306 square teet. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twenty- eighth of January, Nineteen Hundred and Ninety-Two. Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndort Council Members Absent: Nancy K. Parker 25 - Item PUBLIC HEARING ITEM # 35282 PLANNING Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant The following registered in OPPOSITION: E. George Minns, Post Oftice Box 4548, Phone: 671-2827 Robert Frankhauser, 929 Lamplight Lane, Phone: 468-3427 Mar-k E. Yelch, 936 Lamplight Lane, Phone: 427-2644 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DEFERRED until the City Council Session of February 25, 1992, Ordinance upon application of ARAGONA LODGE NO. 1998, LOYAL ORDER OF MOOSE, INC- for a Conditional Zoning District Classification: ORDINANCE UPON APPLICATION OF ARAGONA LODGE NO. 1998, LOYAL ORDER OF MOOSE, INC. FOR A CONDITIONAL ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO 0-2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Aragona Lodge No. 1198, Loyal Order of Moose, Inc., for a Conditional Zoning District Classification from R-7.5 Residential District to 0-2 Office District at the northwest corner of Lynnhaven Parkway and Lamplight Lane on Lots 34-37, Block 13, Princess Anne Plaza. The proposed zoning classification to 0-2 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for suburban medium density residential land use at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 1.1161 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 26 - Item 111-H.l.h. PUBLIC HEARING ITEM # 35283 PLANNING The following registered in SUPPORT: Attorney Char l es Sal lel , 192 BaIIard Court, Phone: 490-3000 , reprsented the applicant Herb Dugroo, 2240 General Booth Bouelvard The following registered in OPPOSITION: Glenn Tainter, 2140 Kenwood Drive, Phone: 427-1929, represented the Courthouse/Sandbridge Coalition of Civic Leagues Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of DAVID L. AND JOAN E- JONES AND BLAXTON V. TODD for a Conditional Zoning Classification-. ORDINANCE UPON APPLICATION OF DAVID L. AND JOAN E. JONES AND BLAXTON V. TODD FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-20 TO D-1 Z01921340 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ot David L. and Joan E. Jones and Blaxton V. Todd for a Conditional Zoning Classification from R-20 Residential District to 0-1 Office District on the east side ot General Booth Boulevard, 60 feet more or less south of proposed Ferrell Parkway. The proposed zoning classlfication change to 0-1 Office District is for office land use. The Comprehensive Plan recommends use of this parcel for suburban low density residentlal land use. The parcel is located at 2236 General Booth Boulevard and contains 39,640 square feet. PRINCESS ANNE BOROUGH. This application shall be subject to the following amendments: 1. The applicant shall rezone only the front 210 feet of the property. The back one-half acre of the property shall not be rezoned and shall remain R-20 Residential District. 2. The applicant shall record with the Clerk of the Circuit Court an agreement encompassing proffers. This Ordinance shall be eftective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth of January, Nineteen Hundred and Ninety-Two. - 27 - Item 111-H.I.h. PUBLIC HEARING ITEM # 35283 (Continued) PLANNING Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf Council Members Absent: Nancy K. Parker - 28 - Item 111-H.l.i. PUBLIC HEARING ITEM # 35284 PLANNING Philip F. Olah, 6613 Pinewood Court, Phone: 420-7623, reprsented the applicant Upon motion by Counci lman Clyburn, seconded by Mayor Oberndorf, City Counci I APPROVED the application ot PHILIP F. OLAH for a Variance to Section 4.4(b) of the Subdivision Ordinance. Application of Philip F. Olah tor a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance. The property is located at 6613 Pinewood Court. KEMPSVILLE BOROUGH. The following condition shall be required: 1. Unless served by City sewer, a reserve septic drainfield, as required by the Chesapeake Bay Preservation Area Ordinance, is required. As approved by the Virginia Beach Health District, the reserve drainfield for Lot A-2 may be placed on Lot A-1. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 29 - Ite PUBLIC HEARING ITEM # 35285 PLANNING Dennis Fain, 3156 Monet Drive, Phone: 427-5986, represented the Landstown Civic League, Phone: 427-5986, spoke in SUPPORT of the Amendment. Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to AMEND the Master Street and Highway Plan of the City of Virginia Beach adding, relocating and deleting certain roads (Map/plans on file in the Planning Department): 1. Change Holland Road from its proposed connection with London Bridge Road Extended, south to the proposed 150 foot major arterial from a 4-lane divided minor arterial with bikeway to a 6-lane divided major arterial. 3. Change Courthouse Loop Extended, from the proposed 150' major arterial to Indian River Road, from a 4-lane parkway to a 150' major arterial. 4. Change the Southeastern Expressway from Route 44 to the City's western corporate limits with Chesapeake, from an 8-lane limited access facility with interchanges at First Colonial Road, Oceana Boulevard at the N.A.S. Oceana main gate, Dam Neck Road, Harpers Road, Princess Anne Road and Indian River Road, to a 4-lane limited access facility with interchanges at Oceana Boulevard at N.A.S. Oceana, Dam Neck Road and Princes Anne Road. 5. Change Holland Road, from Princess Anne Road to the proposed alignment of Ferrell Parkway, from a 4- lane divided minor arterial to a 2-lane residential collector 6. Change Princess Anne Road, from North Landing Road to General Booth Boulevard, from a 4-lane undivided minor arterial to a 2-lane residential collector. 7. Delete the proposed 4-lane undivided residential collector extending along the northwest boundary of the Christopher Farms Subdivision from Holland Road to Princess Anne Road (future Ferrell Parkway). 8. Change Indian River Road, from North Landing Road to the proposed alignment of Courthouse Loop Extended, from a 6-lane divided major arterial with controlled access and scenic buffer to a 4-lane divided major arterial with controlled access and scenic buffer. 9. Delete the proposed extension of Rosemont Road from Landstown Road south, through Landstown Lakes and Landstown Meadows, to the proposed 150' major arterial. - 30 - I tem PUBLIC HEARING ITEM # 35285 (Continued) PLANNING 10. Add Oceana Boulevard, from First Colonial Road to Harpers Road, as a 4-lane divided minor arterial. 11. Change Dam Neck Road, from General Booth Boulevard to Upton Drive, from a 4-lane divided minor arterial with bikeway to 6-lane divided minor arterial with bikeway. 12. Add Grayson Road, from Witchduck Road to Bonney Road, as a special landscaped roadway (SL-1). Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 31 - I tem PUBLIC HEARING ITEM # 35285 (Continued) PLANNING Dennis Fain, 3156 Monet Drive, Phone: 427-5986, represented the Landstown Civic League, Phone: 427-5986, spoke in SUPPORT of the Amendment. Upon motion by Counci lwoman McCianan, seconded by Counci Iman Heischober, City Council ADOPTED: Ordinance to AMEND the Master Street and Highway Plan ot the City of Virginia Beach adding, relocating and deleting certain roads (Map/plans on file in the Planning Department): 2. Change Elbow Road, from Princess Anne Road (future Ferrell Parkway) to Salem Road, from a 4-lane divided minor arterial with bikeway and scenic butfer to a 1501 major arterial. Votlng: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndort and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: Nancy K. Parker ABSTAINED on Item 2. Elbow (Landstown) change as Landstown Road touches his property. - 32 - item 111-1. CONSENT AGENDA ITEM # 35286 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Counci I APPROVED In ONE MOTION Items 1, 2, 3, 4 a.b., 5, 6, 7, 8, 9 and 10 of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan*, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: *Counci lwornan McClanan voted a VERBAL NAY on Item 1.3 of the CONSENT AGENDA. Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker 33 - Item CONSENT AGENDA ITEM # 35287 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Councii ADOPTED: Resolution requesting the General Assembly provide a $250,000 Grant with the City matching funds from CIP Pro,ject 3-002 re design costs for the Virginia Marine @cience Museum Expansion. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO PROVIDE THE CITY OF 3 VIRGINIA BEACH $250,000 TO ASSIST IN 4 PAYMENT OF DESIGN COSTS FOR THE 5 VIRGINIA MARINE SCIENCE MUSEUM 6 EXPANSION 7 WHEREAS, in the 1992 Legislative Package sent to members 8 of the local delegation to the General Assembly by City Council, 9 City Council requested the General Assembly to provide the city 10 $3,000,000 to pay part of the design and construction costs of the 11 virginia marine Science Museum Expansion (the "Expansion"); 12 WHEREAS, members of the local delegation have suggested 13 that it would be prudent, in light of severe revenue shortfalls in 14 the State budget, to reduce the amount of the original request for 15 assistance; 16 WHEREAS, City staff have determined that the provision of 17 $250,000 from the Commonwealth would enable the City to continue 18 the architectural design work associated with the Expansion; and 19 WHEREAS, the City would inatch the $250, 000 grant from the 20 Commonwealth with funds available from the Capital Improvement 21 Program account for the Expansion (Project #3-002) which has a 22 current balance of $521,182 allocated for design costs. 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 1. That the General Assembly is hereby requested to 26 provide $250,000 to the City of Virginia Beach to assist in payment 27 of design costs for the virginia Marine science museum Expansion; 28 and 29 2. That upon the receipt of such a grant, the City will 30 provide funds in the amount of $250,000 from CIP Project #3-002 as 31 the City's match of funds received from the Commonwealth. 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia, on the 28 day of January 1992. 34 CA-4558 35 ORDIN\NONCODE\MUSEUM.RES 36 R-3 f@,Pj TO Ruth Hodges Smfth, CMC/AAE City Clerk - 34 - Item 111-1.2. CONSENT AGENDA ITEM # 35288 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council ADOPTED: Resolution directing the Director of Finance to authorize Citibank, N.A. to issue and deliver a new or duplicate $5,000 General Obligation Public Improvement Bond, Series 1985, bearing 8.40% annual rate of interest, to Sterling C. Caldwell and Diane B. Caldwel I of Spartanburg, South Carol ina, and Lynchburg, Virginia, respectively. (Bond Number R-3707 misplaced.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker 1 A RESOLUTION TO AUTHORIZE 2 REPLACEMENT OF A LOST BOND 3 4 5 6 WHEREAS, Sterling C. Caldwell & Dianne B. Caldwell, Joint 7 Tenants, of Spartanburg, South Carolina and Lynchburg, Virginia, 8 respectively, have affirmed that they are the sole legal and 9 beneficial owners of City of Virginia Beach, Virginia General 10 Obligation Public Improvement Bond, Series of 1985, Certificate 11 Number R-3707, at $5,000 denomination, bearing 8.40% annual rate of 12 interest, dated Feb. 1, 1985 and maturing Feb. 1, 2001; 13 14 WHEREAS, Sterling C. Caldwell & Dianne B. Caldwell 15 have also affirmed that the said security has been lost; and 16 17 WHEREAS, Sterling C. Caldwell & Dianne B. Caldwell 18 have complied with all legal provisions to effect replacement of 19 said security by providing appropriate affidavits and indemnities. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is 23 directed to authorize Citibank, N.A., the Registrar on said bond, 24 to issue and deliver a new bond in lieu of and in substitution for 25 the lost bond in the principal amount of Five Thousand Dollars 26 ($5,000) to Sterling C. Caldwell & Dianne B. Caldwell, Joint 27 Tenants, of Spartanburg, South Carolina and Lynchburg, virginia, 28 respectively, at the address of record. 29 30 Adopted by the Council of the City of Virginia Beach, 31 virginia, on the 28 day of January 1992. 32 33 34 35 CA-91-4521 APPROVED AS TO CONTEWS 36 RES\NONCODE\CA-4521.RES 37 R3 38 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM -CITY ATTORNEY ,Vfunicipa:,T,ust Citib.,,k, N.A. atid Agency Se@ices 20 Exch.,ig, Plce PO. Bov 1154 W.11 St,,et Stati@@ N,@ Yok, NY 10268 I)EC f) iggi DATE: 12 - 5 -,j 1 TROY TRITAMMER L)UPTY CITY TREASURER CITIBAN<O@ CITY OF VIRGINIA BEACH MUNICIPAL CENTER P.O.BOX 6157 MUNICIPAL BOND REPLACEMENT VIRGINIA BEACH, VIRGINIA 23456 D. FERGUSON, TELE: (212) 968-6542 502364 RE: CITY OF VIRGINIA BEACH, VIRGINIA 8.40% PUBLIC IMPROVEMENT BOND SERIES i98b DTD 2/i/8@ - DUE 2/1/zOOi BOND 4 R-3707 FOR @5,000 P.A. R/N/0 STERLING C CALDWELL & DIANNE B CALDWELL JT TEN DEAR SIR/MADAM: WE ENCLOSE A COUNTERPART OF THE DOCUMENT FURNISHED TO US TO INDUCE YOUR AUTHORIZATION OF OUR ISSUING A REPLACEMENT OF THE ABOVE SECURITY. THE DOCUMENTATION MEETS WITH OUR APPROVAL AND IF FOUND TO BE IN ORDER, WE SRALL APPRECIATE YOUR FURNISHING US WITH THE NECESSARY AUTHORIZATION, IN DUPICATE, TO COMPLY WITH THIS REQUEST. SINCERELY, DAPHNE FERGUSON CUSTOMER SERVICE REP CC: ANDERSON & STRUDWICK IN ALLIED ARTS BUILDING P.O.Box 6120 LYNCHBURG, VIRGINIA 24505 ATTN: ROBERT J. BRYANT REGISTERED REPRESENTATIVE CHUBB GROUP of Insurance Companies 111@ Mo,,,I@ii,i Vi@?w iload, WirrE@ri, NJ 07060 FEDERAL INSURANCE COMPANY l@c.,P.r.t.d @@d., th, (@@, f N.@ J.,..y BOND NO. 3000-28-49 BOND OF INDEMNITY KNOW ALL MEN BY THESE PRESENTS, that FEDERAL INSURANCE COMPANY, Indiana a corporation duly organized and existing under and by virtue of the laws of the State of @)d)exwand duly authorized to transact the business of Insurance in the State of New York and all other States in the United States of America and having an office and place of business in New York State at 1 00 William Street, New York, N. Y. 10038, and in the State of as Obligor (hereinafter called the "Obligor") is held and firmly bound unto CITY OF VIRGIT!IA R@EACLI, VIRGIPIIA CITIBAr,IK, @I.A. KIYC individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar, Transfer Agent, (and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents,) their respective legal representatives, successors and assigns (hereinafter collectively called "Obligees"), in an aggregate sum, lawful money of the United States of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one risk or hazard under any law governing the validity or performance of this bond, said sum to be paid to Obligees, their respective legal representatives, successors or assigns, as interest may appear; for which payment well and truly to be made the Obligor binds itself, its legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with its seal and executed in 2 counterparts, as of the 20th day of November, 1991 WHEREAS, the Obligor represents that Sterling C. Caldi4ell 6 Dianne B. Caldwell Jt Ten is/are the unqualified owner(s) of City of Virgiiiia Beach, Virginia - 8.40% Public Improvement Bond Series 1925 DTD 2/1/85 Due 21112001 Bond #R-3707 for $5,000 P.A. R/N/O Sterling C. Caldwell "d Dianne B. Caldwell Jt Ten (such security or securities being hereinafter called "original" or "originals"), and that the same has/have been mislaid, lost, destroyed or wrongfully taken and cannot be found or produced, by virtue of which the Obligor has requested Obligees to issue and deliver to Sterling C. Caldwell & Dianne S. Caldwell Jt Ten or his/her order a new or duplicate instrument or instruments (hereinafter sometimes called "duplicate" or "duplicates"), or to pay to Sterlin7i C. "'aldwell & Dianne B. Caldwell dt Ten or credit to his/her account the amount due on said original or originals without surrender or presentation there- of for cancellation or stamping or for any other purpose; and WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obligees have complied or have agreed to comply with said requests, NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if the Obligor, the legal rel)- resentatives, successors or assigns of the Obligor or any of them, shall in case the original or originals be found or come into the hands, custody or power of any of them, or into the hands, custody or power of any person, deliver or cause the same to be delivered unto Obligees in order to be cancelled, and shall also at all times de- fend, indemnify and save harmless Obligees from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages, costs, charges, counsel fees and other expenses of every nature and character by reason of the original or originals and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like issue and amount which because of alteration, change or counterfeit may or may not be identified as the said mislaid, lost, stolen or destroyed original or originals, or the making of any payment, credit. transfer, registration, conversion, exchange or delivery in respect of the original or originals without surrender thereof and/or in re- spect of the duplicate or duplicates, whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when presented by anyone, and/or whether or not caused by, based upon, or arising out of inadvertence, accident, oversight or neglect on the part of Obligees. or any of them, or their respective officers, agents, clerks or employees and/or ommission or failure to inquire into, contest or liti- gate the right of any applicant to receive any payment, credit, transfer, registration, conversion, exchange, issue or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instru- ments, under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based upon or arising out of any other matter or thing whatsoever, then this Obligation shall be void; other- wise shall remain in full force and effect. Obligor further agrees that if the mislaid, lost, stolen, or destroyed original or originals be found or come into the hands, custody or power of any person or into the hands, custody or power of the Obligees or any of them for any purpose other than cancellation without reissue, the Obligor will forthwith on demand obtain and deliver to the Obligees either such original or originals or such duplicate or duplicates or will pay to the Obligees a sum of rnoney sufficient to enable the Obligees to purchase in the open market securities of the same issue and amount as the original or originals. Obligor further agrees that, in case of any default under the conditions of this bond, the Obligor waives and releases any and all right or claim against Obligees, or any of them whether by way of subrogation or otherwise, for any loss. expense or liability incurred by the Obligor caused by, based upon or arising out of the enforce- ment of this bond by the Obligees or any of them. (No inaccuracy in the description of the securities herein referred to as original or originals shall alter, modify or affect the obligations of the Obligor hereunder.) Obligor agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed. FEDERAL INSURANCE COMPANY BY .... Thelma Ratner, Attorney-in-Fact F.,- 30-02-01 (R.. 5-67) (F.,@.Ily 403F(2)) ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATEOF New York CO(JtMOF New York onthis 20th dayof November 19 91 -Y "M he a an I bY d the 0WOWhe@sud@ as ftl Of "W CGMP@ny by Nke aw MY on 00 doe v~ -,,Sy ON w y"" N QualitTed In re,tifl,.@te fil,,, COMMISSIon Fxp w, POWER OF ATTORNEY Know all Men by these P,esents, That the FEDERAL INSURANCE COMPANY, 15 Mo@@tain View Road, Wa,,en, Ne. Je,sey, an Indiana Co,poa- tion, has constituted and appointed, and does hereby co@stitute and appoint Toni Percoco, Ed Van Name, Thelma Ratner and Patricia Von Posch of New York, New York -------------------------------------------------------- each its t,ue and lawful Atto,@ey-in-Fact to execute under such designation in its name and 10 affix its corporate seal to and deli@e, for and on its behalt as su,ety thereon or otherwise, bonds of any of the followi@g classes, to-wit@ 1. Bonds a@d Undertakings (othe, than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or U@dertaking. 2. S.rety bonds to the United States of A@e,joa or any agency thereof, including those requi,ed or permitted under the la.s orsregu@al@ons relati@g to Customs or Internal Rwe@.e; Lice@se and Pe,mit Bonds o, other inde@nity bonds u@der the laws, ordinances or regulati.ns of any .,. C ty. Town, Village, Board 0, othe, body o, organization, p.blic o, private; bonds to Transportation Companies, Lost Instrument bonds; Lease bo@ds. Worke,s'Compensation bonds, Miscellaneous Su,ely bonds and bonds on behalf of Nota,ies Public, Sheriffs, Deputy Sheriffs and similar public otficials. 3@ Bo@ds on behalf of cont,actors in connection with bids, proposals or contracts. l@ Wl,n... Ihe I.id FEDERAL INSURANCE COMPANY pur.@.@l lo il@ 8, @ ....... d Ih... pr@..n,@.. b. @@gned b, i,, Vi.@ Pr.@i@@,, .@d @.i.,a,, S,@r.l.@ nd i,, ...l 1. . .I.. ffl..d "is 1st d., f May g 90 Cor,r.,. S.., FEDERAL TNSURANCE COM.NY STATE OF NEW JERSEY ss. County of Somerset I 0, t@i. 1st d., f Mav go COMPANY. Ih. ,@r,Wd in .@8 whic@ ...@.l.d Ih. fo.g.ing @r 0 All.rn.y .@d Ih. .id Ri@h.,d D 0 C.@@., @i@g b, .@ du], -,@ did d ..... . @d ... th.1 h. i@ Mlill.@l S-.i.r, f,h. FEDERAL INSURANCE COMPANY .@d k@- Ih. c.rp.,.Ie @..l th .... i h.1 Ih. ...l ffi..d 1. @h. 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Wg..q in th. -.. 1.@, .. .@ u@@ f @.r@ r .@ifi- @.ling .@.h ign... r hWi W lid .. bi@ing u@ th. C..p.,, ny .@@h -r . ...@ld W ..difid by ..h t-W.ii. .ign.ur. .@d ..l h.11 @ lid .@d bindi@g @@@ th. C.mp.@, wilh le,MO t. ..y W@d r M..king 1. hi@h i, i. ..ch.d I fu@", @.@ity Ih. id FEDERAL INSURANCE COMPANY i. d.ly l@.@ . I.n- IW.lily .@ ..ry @.i- i@ ... h f,@ S'... o,@ U@i,w S'... f A@.ri@., Di.r. d Cdu.bi., P... R@, nd -h .1 th. Pr.,@..@ .(C.n.d. .,Ih t@. .-Mi.n .1 Pr,n@. Ed-rd I.I.nd@ .. i. .,.. du,, lic.n.. . -.- ..I. ..@ty n .., n...ki@g.. .,@ . @,.ill.d r ....... d by 1- 1. @h. M.i..nl S--.@ .1 FEDERAL INSURANCE COMPANY, d. @by @.lity th.@ l@ trg.iV @r .1 Mt.,@" i. in f ull f... .@d Gi.@ ...r y h.@d ..,h. ...l f ..id C..p.@y .1 Wr.n, N.J., Ihi@ 20th d-yd Novembe r -,,g 91 @l-nt ".-ry GENERAL FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 1990 (i@ thoUs..d. f doiia,s) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Short Term investments ........ ...... $ 186,734 Outstanding Losses and Loss Expenses,. $ 2,935,643 United States Treasury Bonds .......... 315,035 Unearned Premiums .................. 871,957 United States Governmen', and @@eral Accrued Expenses ..... ............. 80.181 Agency Guaranteed Bonds ......... 276,270 Non-Admitted Reinsurance. ............ 30,185 State and Municipal Bonds ............ 2,177,474 Dividends Payable to Pollcyholdefs ...... 24,746 Other Bonds ............... .... 414,420 Loss Portfolio Transfer ..... .......... (145,626) Common Stocks ........... 209,554 Other Liabilities ...................... 198,332 Other l@sted @ ...... ...... 87,099 TOTAL INVES-RMENTS ... ......... 3,666.586 TOTAL LIABILITIES .............. 3,995,418 Capital Stock ................ ....... 13.987 Investments in Affiliates: Paid-In Surplus .......... . ....... 472.986 Vigilant Insurance Company .... .... 2DO,591 Great Nothern Insurance Company ... 68,809 Unassigned Funds ................... 59i.747 Pacific Indemnity Company .......... 321,258 Bellemead Development Corporation ... 376,501 Unrealized Appreciation of l@stments 325.912 C.C. Canada Holdings Ltd ........... 68,062 Other Affiliates ...... .............. 47,482 SURPLUS TO POLICYHOLDERS ..... 1,404,632 Cash .............................. 12,963 Net Pemiums Receivable .......... .. 402,322 Olhor @ ....... ................ 235,476 TOTAL LIABILITIES AND SURPLUS TOTAL ADMMED ASSETS .......... S 6.400,050 TO POLICYHOLDERS. ......... S 5,400,050 Investments are @lued in accordance with mquirements of the National Mwiation of lnouance Commissionem. Investments valued at $13,173 are deposiled with government authorities as required by law. State, County & City of New York, - ss: - Richard Hight, Assistant Secretary of the Federal InSurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 1990 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 1990. Subscribed and sworn to before me this 1st day of April, 1991. Assistant Secretary WRIS F SPARKS PUBM S@ d N- N. 0125M O.~ i@ P.- C-ft Notary Public Fild @ N- C-- E.PW. i FEDERAL INSURANCE COMPANY FILE# 502364 LOST ORIGINAL INSTRUMENTS AFFIDAVIT AND AGREEMENT IN CONNECTION WITH BLANKET LOST ORIGINAL INSTRUMENTS BOND Transfer Agent, please complete prior to execution by affiant: AIC# 1. Blanket Bond No. 8000-28-49 - in favor of CITIBANK, N.A. 2. Cove,age Required: [:] open penalty; El fixed penalty $ 3. Current market value of security $ 4. Surety bond p,emium $ 5. Automatic Coverage limit (Note: thisaffidavitistobeusedonlywhenthema,ketvalueoftheLostoriginalinstrumentdoesnotexceedtheAutomaticCmerage limit of $50,000 when the Lost Instrument (only non-negotiable) has not been endorsed, and when the Affiant is a resident of the U.S.A. or Canada. 6. Complete description of Lost Original Instruments: CTmv ar 4 0 C.@-b"O@Zqhereincalled"Affiant"),beingduly@orn on oath, deposes and says: 1. That the Affiant is of legal a p@@-t Go 06. '2 and that he is the lawful owner of, and i! (0. Intru (s) described aboe, (herein collectively called the "Lost Original Instruments"), which description he represents to be complete and accurate. 2. Affianl states that said Lost Original Instruments ha@e been lost, mislaid, stolen or dest,oyed and cannot now be produced. 3. Said Lost Original lnstrument(s) WAS NOT ENDORSED. Neither said Lost Original lnstrument(s) nor the rights ot Affiant, or the owner thereof, in said Lost Original lnstrument@s) ha@e, in whole or in part, been cashed, negotiated, sold, assigned, t,ansferred, hypothecated, pledged, deposited under any agreement or otherwise disposed of, and to the kn@ledge of Affiant no ciaim of ight, title or interest, adverse to Affiant, or the owner thereof, i@ or to said Lost Original lnstrument(s) has been made or advanced by a@y person. 4. Aifiant has made or caused to be made diligent search for said Lost Original Instruent(s) and has been unable to find or reco@er the same, and makes this Affida@it and Agreement for the pu,pose of inducing the issuance of new or replacement lnstrument(s) in lieu of the said Lost Origi@al Instrument(s) or the distribution to Affiant of liquidation poceeds thereof. Affiant hereby agrees immediately to surrender said Lost Original l.strument(s) for cancellation sho.ld such Lost Original Instrument(s) at any time hereafter come into the hands, c.siody o, power of Affiant or any other person. 5. Afiiant ag,ees that this Atfidavit and Agreement is delivered to and may be made part of a bond of indemnity (herein called Blanket Bond) which the Obligee (named above) holds for the protection of parties in interest in connection with Lost Original lnstrument(s) which Blanket Bond is u@derwritte@ by FEDERAL INSURANCE COMPANY (herein referred to as Obligor). Affiant hereby requests said Obligor to assume liability under said Blanket Bond to indemnity the Obligee as requested. 6. In consideration of the issuance of (1) such new o, eplacem.nt lnstrument(s) in lieu of that lost, or the dist,ibution to applicant of the proceeds therefrom, and (2) in consideration of the assumption by Obligor of liability therefor under its said Blanket Bo@d, Affiant, his heirs, personal repvesentati@es andlor his successors and assigns, agrees to indemnify, protect and sa@e harmless (as a continuing obligation under which successive ecoveries may be had) the Obligee and Obligor, jointly and severally, their respective successors and assigns, from and against all loss, cosl and damage (including court costs and attorneys fees) to which they may be subject or liable in respect of the Lost Original Instrument(s) described above, the issuance of new or replacement lnstrument(s) in lieu of that lost, the distribution of proceeds of said Lost Original Instrument(s), the requested action of Affiant herein (or any other action associated thermith) or the assumption of liability. 7. Any pe,son wh., k@.@ingly and with i@tent to defraud any i@su,ance co.pany or ther perso@, files an appli.ation for i.s.ra@ce, co@taining any mate,ially false info,mation, or conceals for the purpose of misleading, into,mation concerning any fact material thereto, com- mits a f,audulent insurance act, which is a crime. IN WITNESS WHEREOF, I hereunto subscribe my name this @day of (AFFIANT) By: t z - @, -i,, I (Af f iaut) ZAOTARY PUBLIC My commission expires 41 IMPORTANT., Afflant must sign each copy as an original, The signature on the top form must be notarized, F@,@ l@-02 0253 (Ed 5 @3) P-73594 - 35 - Item 111-1.3. CONSENT AGENDA ITEM # 35289 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council ADOPTED: ordinance declaring a .8015 acre parcel, situated at Princess Anne Road and Bonney Road, as EXCESS property; and, authorizing the City Manager to convey same to Murray Wholesale Drug Corporatlon. Voting: 8-1 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach acquired ownership of the following described property by deed recorded in Deed Book 1195, at page 254, and WHEREAS, the City Council is of the opinion that the follow- ing described property is in the excess of the needs of the City of Virginia Beach. WHEREAS, Murray Wholesale Drug Corp. has requested to be conveyed the following described property for its fair market value as evidenced by an appraisal, a copy of which is on file with the Department of Public Works of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is authorized to convey said property in the manner he deems in the best interest of the City of Virginia Beach reserving therein any and all easements pertaining thereto. All that certain strip or parcel of land lying being in situate in Kempsville Borough, City of Virginia Beach, Virginia, containing .8015 acres, as shown on that certain plat entitled "Resub- division of Property of Murray Wholesale Drug Corp. and Property Conveyed from City of Virginia Beach to Murray Wholesale Drug Corp." made by W.P. Large, Inc., dated September 19, 1991, which is recorded in Map Book at Page to which reference is made or a more ptrti-cular description. It being a part of the same property acquired by the City of Virginia Beach in Deed Book 1195 at Page 254. 2. The above described property shall be incorporated with the contiguous parcels, owned by the requestor, on a resubdivision plat to be properly reviewed, approved and recorded. 3. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 28 day of January 1992 . NOTE: Adoption requires 9 affirmative votes by Council. PEPARTMENT -2- IN THE MATTER OF DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME WHICH PROPERTY IS LOCATED IN THE KEMPSVILLE BOROUGH IN VIRGINIA BEACH P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, Murray Wholesale Drug Corp., respectfully represents as follows: 1. That the petitioner respectfully applies to the Mayor and the Council of the City of Virginia Beach for an ordinance declaring the below described property, (the "Property") to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey the property to the petitioner in the manner he deems in the best interest of the City of Virginia Beach. 2. That your petitioner owns the parcel adjacent to the southern boundary of the below described property. 3. The property your petitioner asks to be declared in excess of the needs of the City is described as follows. All that certain strip or parcel of land lying being in situate in Kempsville Borough, City of Virginia Beach, Virginia, containing .8015 acres, as shown on that certain plat entitled "Resubdivision of Property of Murray Wholesale Drug Corp. and Property Conveyed from City of Virginia Beach to Murray Wholesale Drug Corp." made by W. P. Large, Inc., dated September 19, 1991, which is to be recorded simultaneously with the deed of conveyance, which plat is hereby referenced for a more particular description. It being a part of the same property acquired by the party of the first part in Deed Book 1195, at Page 254. 4. That the petitioner hereby agrees to purchase the Property subject to a perpetual easement for pedestrian access, utilities and drainage in favor of the City of Virginia Beach. 5. That no inconvenience will result to any person by reason of the sale of this property. Respectfully submitted, MURRAY WHOLESALE DRUG CORP. By r t KEMPSVILLE R,, W WOODS EI)GE CT. - 36 - Item 111-1.4.a.b. CONSENT AGENDA ITEM # 35290 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE to the Department ot Mental Health, Mental Retardation and Substance Abuse FY 1991-1992 Operating Budget: $164,328 from the State Department ot Mental Health, Mental Retardation and Substance Abuse re emotionally disturbed children and adult supported living services provided by the Virginia Beach Community Services Board. $29,073 Grant from the Virginia Institute for Developmental Disabilities at Virginia Commonwealth University re respite services to families with mentally retarded or developmentally disabled children provided by the Virginia Beach Community Services Board. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndort and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker I AN ORDINANCE TO ACCEPT AND APPROPRIATE $164,328 2 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, 3 AND SUBSTANCE ABUSE OP @ TING BUDGET TO SERVE EMOTIONALLY 4 DISTURBED CHILDREN AND TO PROVIDE ADULT SUPPORTED LIVING SERVICES 5 WHEREAS, the Department of Mental Health, Mental Retardation, and SUbStanCe 6 Abuse is responsible for serving emotionally disturbed children and providing 7 adult supported living services; 8 WHEREAS, the State Department of Mental Health, Mental Retardation, and 9 Substance Abuse has allocated $164,328 to the Community Services Board for these 10 purposes; 11 WHEREAS, this funding increases the departmental position total by 4 FTE's 12 and will become a part of the department's base funding; 13 WHEREAS, no city funding match is required. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA, that funding in the amount of $164,328 be appropriated and 4 16 permanent FTE's be established in the Department of Mental Health, Mental 17 Retardation, and Substance Abuse FY 91-92 Operating Budget to serve emotionally 18 disturbed children and to provide adult supported living services. 19 BE IT FURTHER ORDAINED that appropriations be offset by a $164,328 increase 20 in estimated revenue. 21 Adopted by the City Council of the City of Virginia Beach, Virginia, this 22 28 day of January 1992. APPROVEL) AS TO 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 GRANT IN THE AMOUNT OF $29,073 TO THE DEPARTMENT OF 3 MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE 4 F?,OM THE VIRGINIA INSTITUTE OF DEVELOPMENTAL DISABILITIES 5 AT VIRGINIA COMMONWEALTH UNIVERSITY TO DEVELOP RESPITE PROGRAMS 6 TO SERVE MENTALLY RETARDED/DEVELOPMENTALLY DISABLED CHILDREN 7 WHEREAS, the Department of Mental Health, Mental Retardation, and Substance 8 Abuse is responsible for providing respite services to families with mentally 9 retarded or developmentally disabled children; 10 WHEREAS, the Virginia Institute for Developmental Disabilities at Virginia 11 Commonwealth University has awarded the City of Virginia Beach Community Services 12 Board a grant in the amount of $29,073 to provide flexible and appropriate 13 respite services to 25 families who have been unable to avail respite because 14 of medical involvements of their son or daughter with developmental disabilities; 15 WHEREAS, the grant increases the departmental position total by .15 FrE; 16 WHEREAS, no local match, ongoing position hours, or continuation 17 commitments are associated with this federal grant. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA that a grant in the amount of $29,073 be accepted and 20 appropriated and .15 FTE be established for the duration of the grant in the 21 Department of Mental Health, Mental Retardation, and Substance Abuse Operating 22 Budget to provide respite services to families with mentally retarded or 23 developmentally disabled children. 24 BE IT FURTHER ORDAINED that appropriations be offset by a $29,073 increase 25 in estimated revenue. 26 Adopted by the City Council of the City of Virginia Beach, Virginia, this 27 28 day of January 1 1992. 28 This ordinance shall be effective from the date of its a AS TO - 37 - Item 111-1.5. CONSENT AGENDA ITEM # 35291 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council ADOPTED: Ordinance to TRANSFER $18,500 within the Department of Mental Health, Mental Retardation and Substance Abuse FY 1991-1992 Operating Budget re purchase of a van to transport individuals participating in prevention activities. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker 1 AN ORDINANCE TO TRANSFER $18,500 WITHIN THE 2 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, 3 AND SUBSTANCE ABUSE OPERATING BUDGET 4 WHEREAS, $338,700 in Federal Substance Abuse Block Grant funds were 5 appropriated in the Department of Mental Health, Mental Retardation, and 6 Substance Abuse FY 1990-91 Operating Budget; 7 WHEREAS, due to hiring freezes and other delays, $91,993 of these funds 8 were not spent by the end of the fiscal year; 9 WHEREAS, the State Department of Mental Health, Mental Retardation, and 10 Substance Abuse has authorized these funds be carried over to this fiscal year 11 and used for similar purposes. 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COTJNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA, that funds in the amount of $18,500 be transferred within the 14 Department of Mental Health, Mental Retardation, and Substance Abuse Operating 15 Budget for the purchase of a van to transport individuals participating in 16 prevention activities. 17 This ordinance shall be effective from the date of its adoption. 18 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 28 day of January 1992. ON - 38 - Item 111-1.6. CONSENT AGENDA ITEM # 35292 Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $28,000 Grants trom the Virginia Department of Motor Vehicles to the Virginia Beach Police Department re selective DUI enforcement, Occupant Protection Lecture Program, and special training in traffic accident reconstruction. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Councll Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker I AN ORDINANCE TO ACCEPT AND APPROPRIATE $28,000 FROM THREE GRANTS FROM 2 THE COMMONWEALTH OF VIRGINIA, DIVISION OF MOTOR VEHICLES FOR 3 THE PURPOSES OF PROVIDING @1) OVERTIME FOR POLICE OFFICERS ENFORCING 4 DUI LAWS, (2) A CERTIFIED INSTRUCTOR FOR VEHICLE OCCUPANT PROTECTION, 5 AND (3) SPECIAL TRAINING IN TRAFFIC ACCIDENT RECONSTRUCTION. 6 WHEREAS, the Police Department has been awarded three grants from 7 the Commonwealth of Virginia, Division of Motor Vehicles which must be expended a by September 30, 1992; 9 WHEREAS, the first of these grants is for the purpose of funding 10 $15,000 in overtime for Virginia Beach police officers who work beyond their 11 normal shift on selective DUI enforcement. The objective of this grant is to 12 increase DUI arrests and reduce alcohol/drug related accidents; 13 WHEREAS, the second of the grants ($5,000) is for the purpose of 14 providing for a certified instructor to train 9 police officers in vehicle 15 occupant protection, to purchase child care seats for use by officers in 16 transporting children, and to purchase brochures and informational material; 17 WHEREAS, the third grant ($8,000) provides for the training of 18 officers in specialized traffic accident reconstruction; 19 WHEREAS, none of the grants requires a city match. 20 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA that $28,000 in grants from the Commonwealth of 22 Virginia, Division of Motor Vehicles be accepted and appropriated for the 23 following purposes: (1) paying police officers $15,000 in overtime to provide 24 enforcement of DUI laws; (2) training 9 police officers in vehicle occupant 25 protection, purchase of car seats for children transported by police officers, 26 and purchase of brochures and informational materials; and (3) paying for 27 training of police officers in specialized traffic accident reconstruction. 28 BE IT FURTHER ORDAINED, that the FY 1991-92 Operating Budget 29 estimated Revenue from the Commonwealth be increased by $28,000. 30 This ordinance shall be effective from the day of its adoption. 31 ed on this day January 28, 1992. - 39 - Item 111-1.7. CONSENT AGENDA ITEM # 35293 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $250 Donation trom the Kempsville Chapter of the American Association of Retired Persons to the Community Development Loan and Grant Fund re use in housing rehabilitation programs. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker 1 ORDINANCE TO ACCEPT AND APPROPRIATE DONATION OF $250 2 FROM THE AMERICAN ASSOCIATION OF RETIRED PERSONS 3 TO THE CDBG LOAN AND GRANT FUND 4 WHEREAS, the Department of Housing and Neighborhood 5 Preservation operates housing rehabilitation programs for the 6 benefit of the citizens of Virginia Beach using Federal Cominunity 7 Development Block Grant and other funds; 8 WHEREAS, the Kempsville Chapter of the American 9 Association of Retired Persons wishes to contribute to these 10 programs and has provided two donations of $100 and $150 for this 11 purpose; 12 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH that the donation of $250 from the American 14 Association of Retired Persons be accepted and appropriated to the 15 Community Development Loan and Grant fund for use in housing 16 rehabilitation programs; 17 BE IT FURTHER ORDAINED that revenues from donations made 18 be increased by $250. 19 Adopted by the Council of the City of virginia Beach this 28 20 day of January 1992. 21 Approved as to Content Approved as to Form 22 23 Mai tor .@ci: 24 De using and 25 Neighborhood Preservation APPROVEDASTO WALTER-C. KRAMER, JR. OFFICE OF BUDGET AND EVALUATION - 40 - Item III-I.8. CONSFNT AGENDA ITEM # 35294 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: LOW BIDS: SHORELINE CONTRACTORS, INC. Lynnwood/Michaelwood $134,685.00 Sewerage and Water Facilities Contract IB SHORELINE CONTRACTORS, INC. Lynnwood/Michaelwood $189,640.00 Sewerage and Water Facilities Contract IIB SUBURBAN GRADING & Lynnwood/Michaelwood $707,998.75 UTILITIES, INC. Sewerage and Water Facilities contract IIA (CIP 6-948/5-048) HENDERSON Ocean Lakes Park $298,000.00 INCORPORATED (CIP 4-949) The City Clerk advised this item was listed INCORRECTLY in the Agenda. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker - 41 - Item III--I-9- CONSENT AGENDA ITEM # 35295 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, CitY Council ADOPTED: Ordinance authorizing a Special Tax Refund in the amount of $504.51 upon application of cetain persons and upon certification of the Commissioner of the Revenue. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker AN ORDINANCE AUTTIORIZING SPECIAL TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF TliE REVF-,NUE BE IT ORDAINED BY TliE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the followitig applicatioils for special tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: Date NAME Year Paid Base Penalty Int. Total The Original Sub Shop 1991 10/20/91 $1,009.02 -------- ------ $1,009.02 CIO Mr. Emanuel Konasis Actual Tax Due $504.51 -------- 504.51 930 Horseshoe Ct. Amount Overpaid ......................... $ 504.51 Virqinia Beach, VA 23454 TOTAL CREDIT DUE: $504.51 Commissioner of the Revenue Approved as to form: City Attorney Th'-s ordinance shall be effective frorn date of adoption. The above abatement(s) totaling $ 50 4 . 5 1 were approved by the Council of the City of Virginia Beach on the 28 day of January 19 92 Ruth Hodges Smith City Clerk CITY OF VIRGINIA BEACII SPECIAL TAX AUDITOR TAX STATEMEN'F MR. EMANUEL KOPASIS COM@IISSIONER OF THE REVENUE 930 HORSESHOE CT. MUNICIPAL CENTER VIRGINIA BEACH, VA 23454 CITY IIALL BUILDING SPECIAL TAX DIVISION RE: THE ORIGTNAL SUB SHOP VIRGINIA BEACii, VA 23451 ACCOUNT #334-1 S B PHONE: 427-8660 Your 1991 City Food Tax has been audited/estimated for the month of Septeiiiber. See below for the breakdown. TAX TAX REPORTED ESTIMATED MONTH RATE FIGURE FIGURE TAX PENALTY TOTAL SEPTEMBER 4.5% $11,211.34 $504,51 $504,51 TOTAL: $504,51 ANOUNT PAID: $1,009.02 BALANCE DUE: $504.51 - 42 - Item III-I.10 CONSENT AGENDA ITEM # 35296 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $23,150.12 upon application of cetain persons and upon certification of the Commissioner of the Revenue. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Nancy K. Parker FORM NO C.1 8 FIEV. aw AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Wholesale Service, Inc. 1990 Audit 421.54 421.54 P. 0. Box 426 Portsmouth, VA 23705 Williford, Dalton T. 1989-90 Audit 47.04 47.04 T/A D & W Home Improvernents & Bldr. 4069 Maple Drive Chesapeake, VA 23321 Certified as to Payment: Fl.bel P V..ghr, Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling 468,58 were approved by the Council of the City of Virginia Beach on the 28 January 92 - day of 19 - Ruth Hodges Smith City Clerk FORM NO, C.& 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Support Svstems Associates, Inc. 1300 Veterans Memorial Hwy. 1989-91 Audit 4,261.01 4,261.01 Hauppauge, NY 11788 Tidewater Recreation, Inc. 1990 Audit 26.23 26.23 5360 Challedon Drive Virqinia Beach, VA 23462 Wetmore, Mark 0. 1991 Audit 90.77 90.77 T/A Tub's Etc. 893 Hexley Court Virginia Beach, VA 23462 Certified as to Payment: Commissioner o ue Approved as to form: @sri-e L. Cille-y City Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $ 4,378-01 were approved by the Council of the City of Virginia Beach on the 28 day of January 19 92 Ruth Hodges Smith City Clerk FORM NO, C.k 0 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total Smith, James 0. 1991 Audit 50.00 50.00 826 Williams Street Pittsfield, MA 01201 Spruill, Harrell D. 1990 Audit 62.72 62.72 T/A Oceana Realty/Oceana Referral 900 General Stewart Drive Virginia Beach, VA 23454 Stewart-Perry Co., Inc. 1990-91 Audit 1,525.29 1,525.29 2154 Hiqhland Avenue Birmingham, AL 35205 Certified as to Payment: an@ Commissioner of the Revenue Approved as to form: @es ire L. Cilley- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 8 1,63g-nl were approved by the Council of the City of Virginia Beach on the 28 day of January 92 19 Ruth Hodges Smith City Clerk FORM No. C.k 0 REV, &M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA.BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Nancy Chandler Assoc., Inc. 701 W. 21st Street 1990 Audit 430.56 430.56 Norfolk, VA 23517 Plitts southern Theatres, Inc. T/A Pembroke Mall Theatre 1990 Audit 6,683.81 6,683.81 cineplex Odeon corp. 1303 Yonse Street Toronto, Ontario M4T2V9 Seajay Industries, Inc. 1988-91 Audit 891.37 891.37 T/A sigiers Graphics & Printing 569 Central Drive virginia Beach, VA 23454 Certiiied as to Payment: Commissioner of the Revenue Approved as to form: @e@ie L. LilleY-/ City Attorney- This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 8, 005. 74 were approved by the Council of the City of Virginia Beach on the 98 day of January 19 92 Ruth Hodges Smith City Clerk FORM NO, C.A. 8 REV. a% AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Cuisine & Company 1991 Audi-t 1,305.97 1,305.97 2000 Colonial Ave. Norfolk, VA 23517 Danielson & Associates, Tnc. 2798-B Dean Drive 1991 Audit 914.56 914.56 Virginia Beach, VA 23452 DMT EnterPrises, Inc. 1990-91 Audit 80.13 80.13 T/A Tres Delish/Tre Delish II 4513 Guam Street N7irginia Beach, VA 23455 Certified as to Payment: Commissioner of enue Approved as to form: 1-@ - @esi@e L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 2, 300. 66 were approved by the Council of the City of Virginia Beach on the 28 day of January 19 92 Ruth Hodges Smith City Clerk FORM NO. C,k 8 REV. 3U AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Edwards-Councilor Co. Inc. 1988-90 1988-90 2,534.30 2,534.30 1427 Baker Road Virginia Beach, VA 23455 Ferguson, James 11. 1988-91 Audit 247.00 247.00 T/A Bayside 1,7ell & Pump Service 3515 Dublin Court Virginia Beach, VA 23454 Freddy's of Va. Beach, VA Inc. T/A Freddy's RX 1990-91 Audit 511.35 511.35 90 Commerce Drive Rochester, NY 14623 Certified as to Payment: Approved as to form: (-@ cx - Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3 292 . 65 were approved by the Council January 92 of the City of Virginia Beach on the 28 day of 19 - Ruth Hodges Smith City Clerk FORM NO C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid General Booth Inc. 1990 Audit 507.02 507.02 T/A Great Big Greenhouse 4548 Bonney Road Virginia Beach, VA 23462 Hampton Roads Tnvestment Corp. 4407 Foxwood Place 1988-90 Audit 30.00 30.00 Suffolk, VA 23435 James, Richard D. lq9o Audit 21.44 21.44 T/A S & R Builders 216 79th Street Virginia Beach, VA 23451 Certified as to Payment: obert P. Vaugh Commissioner of the Revenue Approved as to form: @s@ie L. Liil-e City Attorney- This ordinance shall be effective from date of adoption. The above abatement(s) totaling S 558. 46 were approved by the Council of the City of Virginia Beach on the 28- day of 19 92 Ruth Hodges Smith City Clerk FORM NO. C.A@ 0 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the foliowing applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Jennings, morris L. 1990-91 Audit 233.05 233.05 T/A State Auto Sales 1169-B N. Military Highway Norfolk, VA 23502 Margaretten & Co., Inc. 1989-90 Audit 1,427.75 1,427.75 205 Smith Street Perth Amboy, NJ 08862 Meyer, Gregorv M., M.D. 1990-91 Audit 359.22 359.22 4432 Reynolds Drive Virginia Beach, VA 23455 Certified as to Payment: Commissioner of Approved as to form: This ordinance shall be effective irom date of adoption. The above abatement(s) totaling $ 2,020. 02 were approved by the Council 28 January 92 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk F@M NO@ C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Akers, Arthur R. III 1990 Audit 49.78 49.78 T/A Rug Handlers Ltd. 1624 Nester Drive Elizabeth Citv, NC 27909 Cardinal Court Club Associates T/A Cardinal Racquet Club 1991 Audit 371.64 371.64 4444 Expresswav Drive Virginia Beach, VA 23452 Conway-Sauser, Deborah M. 1990-91 Audit 66.57 66.57 T/A Debsco Supplv 101 E. Mahan Street Suffolk, VA 23434 Certified as to Payment: Commissioner of the Revenue Approved as to form: Leslie L. Lille City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 497.99 were approved by the Council of the City of Virginia Beach on the 98 day of 119 92 Ruth Hodges Smith City Clerk - 43 - Item III-J.1. APPOINTMENT ITEM # 35297 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: HUMAN RIGHTS COMMISSION - 44 - Item Ill-K.I. UNFINISHED BUSINESS ITEM # 35298 ADD-ON Councilman Baum referenced the City Council policy concerning Candidate Forums broadcast on Municipal Cable Channel 29. The City Counci I had discussed the utilization of the Cable Channel for Candidate Forums by the League of Women Voters, Council of Civic Organizations and Chamber of Commerce in combination, but not any one separate agency. In response to Counci iman Baum, City Counci I concurred that this aval labi I ity for Candidate Forums shall not be accommodated for any one agency. City Counci I ADOPTED on August 6, 1991, the Resolution to approve a change in City Pol icy to al low City Counci I and General Assembly Candidate Forums to be broadcast on Municipal Cable Channel 29. - 45 - Item III-L.l. NEW BUSINESS ITEM # 35299 ADD-ON BY CONSENSUS, City Council RESCHEDULED to the City Council Session of February 4, 1992: FY 1992-193 OPERATING BUDGET SCHEDULE - 46 - Item III-M.I. AD,JOURNMENT ITEM # 35300 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 10:30 P.M. Be 0. H. Chief Deputy City Clerk R h Hdge- Sith, M@C/AAE Mey a Oberdri i,y Cl, M r .rk ay City of Virginia Beach Virginia