HomeMy WebLinkAboutJANUARY 14, 1992 MINUTES
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JANUARY 14, 1992
ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber 11:30 AM
A. MASTER WATER AND SANITARY SEWER REVENUE BOND RESOLUTIONS
Chester Johnson, Financial Advisor, Government Finance Associates
Mary Jo White, Bond Counsel, Hunton and Williams
ITEM 11. INFORMAL SESSION Council Chamber 12:15 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM Ill. FORMAL SESSION Council Chamber 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Richard J. Keever
Bayside Presbyterian 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 7, 1992
G. PUBLIC HEARING
1. ESTABLISH ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY
H. ORDINANCES
1. Ordinance to AMEND and REORDAIN Chapter 10, Sections 10.1 and 10.2
ot the Code of the City of Virginia Beach, Virginia, establishing
an election district and voting place at ocean Lakes Elementary
School within the City.
2. Ordinance to TRANSFER $400,000 from the Economic Development
Investment Program Account to the Virginia Beach Development
Authority re on-site and off-site Intrastructure Improvements to
CIGNA's Direct Marketing Division's Customer Service Center.
1. RESOLUTIONS
1. Resolution authorizing dlstribution of Preliminary Official
Statement re sale of Water and Sewer System Revenue Bonds, Series
of 1992, of the City of Virginia Beach, Virginia, in the
approximate amount of $19,975,000.
2. Resolution authorizing distribution of Preliminary Official
Statement re sale of General Obligation Refunding Bonds, Series of
1992, of the City of Virginia Beach, Virginia, in the approximate
amount of $38,250,000.
3. Resolution appointing Management Underwriters re issuance of
REFUNDING BONDS:
a. Craigie, Inc.
b. Paine Webber, Inc.
c. Lehman Brothers
d. Scott and Stringfellow Investment Corporation
e. Wheat, First Securities, Inc.
4. Resolution requesting the General Assembly adopt legislation in the
1992 Sesslon granting power of condemnation to the Virginia Beach
Development Authority. (Sponsored by Vice Mayor Robert E. Fentress
and Councllman Louis R. Jones)
J. PUBLIC HEARING
1. PLANNING
a. Petition of STAR OF THE SEA CATHOLIC CHURCH for the
discontinuance, closure and abandonment of a portion of
Lakeside Drive beginning at the boutmern boundary of
15th Street and running In a Southerly direction to the
Northern boundary of Arctic Crescent, containing 10,229 square
teet (VIRGINIA BEACH BOROUGH).
Recommendation: APPROVAL
b . Application of ALLEN J. GETTEL for a Chanqe of Zoninq District
Classification from n t to R
Res I en 1 a I u I sTr I ct On the North s i de ot Far i i ament Dr I ve,
350 feet more or less East of Princess Anne Road
(5620 Parliament Drive), containing 2.237 acres (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
c. Application ot CAPITAL ONE, INC. for a Conditional Use Permit
for an autornotive redair establishment at the Southwest corner
ot vir North Lynnhaven Road
(2901 Virginia Beach Boulevard), containing 33,364 square feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
d. Ordinance to AMEND and REORDAIN Sections 234 and 501 of the
City Zonlng Ordinance re signs for home occupations and
accessory activities.
Recommendation: APPROVAL
e. Ordinance to AMEND the Master Street and Highway Plan of the
City of Virginia Beach addlng, relocating and deleting certain
roads (Map/plans on file in the Planning Department):
1/5. Holland Road (change)
2. Elbow 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)
Recommendation: APPROVAL
K. 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 increasing the number of members on the Parks and
Recreation Commission. (Sponsored by Vice Mayor Robert E. Fentress)
2. Resolution to establish an additional Deferred Compensation Plan
and appoint the ICMA Retirement Corporation to serve as
Administrator.
3. Ordinance authorizing City Attorney to convey and record deeds
dated June 20, 1989, executed by Virginis Beach Erosion Council.
4. Ordinance authorizing acqulsltion of property in fee simple for
right-of-way for Atlantic Park Drainage (CIP 2-020) with temporary
and permanent easements of right-of-way, either by agreement or
condemnation.
5 . Ordinance authorizing a temporary encroachment into a portion of
the Canal No. 2 drainage easement to Hermes Abraslves to install
parking lot fencing (LYNNHAVEN BOROUGH).
6. LOW BID:
DJW CONSTRUCTION Beach Restoration $461,145.00
COMPANY, INC. Spring 1992
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. CANCEL/RESCHEDULE CITY COUNCIL SESSIONS
a. Tuesday, March 10, 1992
Natlonal League of Cities, Washington, D.C.
b. Tuesday, May 5, 1992
Counclimanlc Election
N. ADJOURNMENT
1/9/92 cmd
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Vlrginia
January 14, 1992
Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for
the CITY MANAGER'S BRIEFING in the Council Chamber, City Hall Building, on
January 14, 1992, at 11:30 A.M.
Council Members Present:
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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
John A. Baum (ENTERED: 11:45 A.M.)
- 2 -
C I T Y M A N A G E R ' S B R I E F I N G
MASTER WATER AND SANITARY SEWER REVENUE BOND RESOLUTIONS
11:30 A.M.
ITEM # 35223
Cl aren ce War nstaf f, Director of Pub I ic Uti I it!es, adv!sed a pr esentation wl II
be made by Chester Johnson, Financial Advisor, Government Finance Associates
and Mary Jo White, Bond Counsel, Hunton and Williams, concerning MASTER WATER
AND SANITARY SEWER REVENUE BOND RESOLUTIONS.
Mr. Warnstaff referenced the Resolution authorizing distribution of Preliminary
Official Statement re sale of Water and Sewer System Revenue Bonds, Series ot
1992, of the City of Virginia Beach, Virginia, in the amount of $19,975,000
(See Item 111-1.3 under RESOLUTIONS). In order for the process to begin to
market the bonds, it would be necessary for City Council to adopt this
Resolution. Approval of the Resolution is recommended. The sale of the bonds is
scheduled for February 11, 1992. On February 11, 1992, Paine Webber will
present their pricing proposal and a Master Bond Resolution for Water and
Sanitary Sewer Revenue Bonds for City Council's approval. Approximately $12.2-
MILLION of this sale is for improvements to the sanitary sewer system. The
remaining $7.7-MILLION is for improvements to the water system. Included in the
$19.9-MILLION, there are approximately 62 projects to be funded: 28 sanitary
sewer projects and 34 water projects. Each project to receive funding from this
proposed sale has been authorized by the City Council in prior Capital
Improvement Programs. Some of these projects have been completed, some are
under design and some under construction. A list of those projects was
torwarded to City Council on January 2, 1992. To-date the City Council has
authorized the issuance of approximately $75-MILLION Revenue Bonds. The amount
issued to date is approximately $27-MILLION. The issue before the Council now
is approximately $20-MILLION, which leaves a balance of $28-MILLION in Revenue
Bonds to be issued (subject to City Council approval). Over the years, there
have been a number of double-barrel bond Issues. These are General Obligation
Bonds where the revenue from the water and sewer system is pledged to retire
the debt. In 1977 and again in 1982, double-barrel bonds were authorized in the
amount of approximately $86-MILLION. The most recent use of these double-
barrel bonds was in 1988 to fund the construction of the Lake Gaston project.
The City has an established history ot utilizing both double-barrel bonds and
revenue bonds to fund the City's water and sanitary sewer system. This
resolution to authorize the Preliminary Official Statement and the subsequent
sale on February Eleventh represents the tirst time the City will go into the
"open market" to issue those revenue bonds.
Chester Johnson, Financial Advisor, Government Finance Associates, distributed
a copy of his letter of January Ninth. The use of revenue bonds for Water and
Sewer capital purposes first appeared in the City's Capital Improvement Program
as early as 1986. The City authorized the issuance $13-MILLION Revenue Bonds
for water and sewer purposes through the Virginia Resources Authority in 1989;
the use of the VRA tor this purpose was accomplished, in large part because the
City had not, at that time, developed its own complete financing program to
sell water and sewer revenue debt on its own, notwithstanding the fact that the
city's commitments to VRA are substantially the same as exist in the proposed
water and sewer revenue bond program. The rating agencies and the financial
community have anticipated the issuance of water and sewer revenue debt by
Virginia Beach for a number of years, based upon the contents of the City's
capital improvements program and the communications between the rating
agencies/financing community, City officials and representatives. This program
is modest in its size and supplements the capital construction requirements for
Lake Gaston, which will be funded by double-barrel, general obligation debt
authorized by the citizens of Virginia Beach.
- 3 -
C IT Y MANA GE R ' S B R I E F IN G
MASTER WATER AND SANITARY SEWER REVENUE BOND RESOLUTIONS
ITEM # 35223 (Continued)
The justification for the use of water and sewer revenue debt has relied
substantially on the following reasons:
Expansion and Diversity of Debt Management Instruments
Extension of the Enterprise Fund Arrangement
Preservation of General Obligation Debt Capacity
Preservation of Charter Bonds for Non-Self-Supporting Debt
Alternate Investor Pool
Growth in Revenue Debt
Broad Use of Water and Sewer Revenue Bonds by Major American Cities
Efficiency and Ease of Issuance of Water and Sewer Revenue Bonds.
Mr. Johnson advised over the last three weeks, the City program received
investment grade ratings one notch below the City itself for this revenue bond
program. Mr. Johnson advised the water and sewer revenue bonds would be rated
A-1 by Moody's and A+ by Standard and Poor's. Virginia Beach is a likely
candidate to receive a double-A rating for its water and sewer debt once the
Lake Gaston litigation is resolved and water supply itself ceases to be an
overwhelming local issue.
A greater diversity of debt products sold by the City can increase the market
acceptance for each type of security that the City uses for funding its Capital
Improvement Program, as long as it is clearly understood that the City controls
each of the types of debt obligations. This statement would not be made, if
someone else was going to be issuing debt for the City of Virginia Beach.
A large number of investors prefer purchasing revenue bonds over general
obligation debt. At present, the City does not access this part of the market.
The water and sewer revenue bond program will allow the City to do so. Since
the City has normally sold only general obligation debt for capital
construction purposes, a significant segment of the tax-exempt investor market
is not tapped by the City. By accessing this part of the market and by
reducing the amount of general obligation debt that would otherwise have to be
sold, demand for the City's general obligation debt could actually be improved;
otherwise, over time, investors would have a proportionately higher level of
general obligation debt of the City, thus reducing the demand for such
securities in future debt issues.
During the 1970's and early 1980's, a larger amount of revenue bonds was sold.
This substantial, incremental increase of revenue debt was one of the more
dramatic adjustments that the market experienced during this period. The City's
existing and proposed water and sewer revenue program is a reflection of this
significant growth, beginning in the 1970's, of revenue debt representing a
growing proportion of the market's tax-exempt volume. Revenue bonds do not
have many of the restrictions that are applicable to general obligation debt.
Under the proposed structure, the City Council can decide to fund various
projects and imediately issue debt to provide the monies for construction, as
long as the various tests are met in the resolution, without other significant
authorizing actions being taken.
Mary Jo White, Bond Counsel for Hunton and Williams, advised the focus of the
Master Bond Resolution was flexibility. The Master Resolution provides various
requirements for the issuance of additional bonds. Among those is the revenue
test. The test requires that for the last 24 months, the City must meet two
independent requirements for a consecutive 12-month period. These two
requirements are as follows:
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C IT Y MANA GE R ' S B R I E F IN G
MASTER WATER AND SANITARY SEWER REVENUE BOND RESOLUTIONS
ITEM # 35223 (Continued)
During the 12-month period, Revenues were sufficient to equal
(a) Operating expenses for the period, (b) 115% of maximum
annual debt service in the current or any future fiscal year
on outstanding prior revenue bonds and all Bonds (issued
under the Master Resolution), and (c) 100% of the maximum
annual debt service in the current or any future fiscal year
on all pariety double-barrel bonds and pariety debt service
components, after taking the following into account:
(i) If the City had increased its rates, and such
rates were in effect after the beginning of
the 24-month period or scheduled to go into
effect within two years after the issuance of
the Bonds, it may be assumed that the rates
were in effect during the 24-month period.
(ii) The customer base at the end of the period may
be assumed to be the customer for the entire
period.
(iii) Operating expenses resulting from and
revenues being collected from any acquisition
of facilities that have become or will become
a part of the System must be taken into
account.
Revenues during the 12-month period at least equaled the
second revenue covenant requirement which requires that
there be sufficient Revenues to pay operating expenses and
to make the required deposits into every fund and account
under the Master Resolution.
The ability to transfer up to 2% of the excess of retained earnings from the
immediate fiscal year over the prior fiscal year to the general fund was added
to the DRAFR Master Bond Resolution. This ability does not have to be employed
and would require City Council action to utilize same.
Mr. Johnson advised as the water and sewer revenue bonds will receive
investment grade ratings one notch below the City itself, these bonds will be
more expensive than a double A rating. Nevertheless, examining the reduced
volume of debt issued for water and sewer purposes, the City is going to pick
UP greater demand for the general obligation debt and this should reduce the
overall cost.
The Master Bond Resolution does prohibit giving away free water service or free
sanitary sewer service. However, in the past there have been certain cases
where the General Fund has stepped in on behalf of someone and paid those fees
to the utility fund. This may continue.
The use of Revenue Bonds provides the City Council increased flexibility in
funding of necessary required projects.
Mr. Warnstaff advised utilizing the 20 basis points, the cost on an annual
basis would be approximately $30,000, which equates to approximately one-third
of one cent per 1,000 gallons on the water rate. The City's Annual Budget for
utilities is over $50-MILLION. When revenue and double-barrel bonds were issued
in the past, it has been the City's policy to establish the water and sewer
rates at a sufficient level to cover its costs. The program to issue water and
sewer revenue bonds will not effect the characteristic of the system. Water
rates and sewer rates will still have to be established in future years.
The City Manager advised Paine Webber will present their pricing proposal and a
Master Bond Resolution for Water and Sanitary Sewer Revenue Bonds at the City
Council Session of February 11, 1992.
- 5 -
C ON C E R N S OF T HE MAYOR
ITEM # 35224
Mayor Oberndorf advised the Chairman of the Planning Commission, has extended
an invitation, on behalf of HAMPTON UNIVERSITY, to Members of the City Council,
Planning Commission, Development Authority, Resort Area Advisory Commission,
Economic Development Department, Department of Tourism and the public relative:
Presentation by
HAMPTON UNIVERSITY
1117th STREET VISION"
January 30, 1992
7:00 P.M.
City Council Chamber
ITEM # 35225
Robert Matthias, Intergovernmental Relations Director, advised Thursday,
February 13, 1992, is LEGISLATIVE DAY for the General Assembly in Richmond.
Mayor Oberndorf referenced the Memorandum being circulated concerning City
Council's preference as to having dinner with the Legislators on February 13,
1992.
- 6 -
ITEM # 35226
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Obern dor t in the Counci I Chambers, City HAII Bui I d i ng, on
Tuesday, January 14, 1992, at 12:48 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.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 7 -
ITEM # 35227
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 tollowing Purposes:
1. PU LICLY-HELD PROPERTY: Discussion or consideration of the condition,
a t real property for public purpose, or of the
d ublicly-held property, or of plans for the future of an
institution wh c could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A) (3).
To-Wit: Advance Acquisition - Right-of-Way - Princess Anne Road Near
Buzzard's Neck Road
Acquisition of Real Property - Princess Anne Borough/Municipal
Complex
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit: t of V',r ',n',a Be.,-h ,. ESG Enter r,ses, Inc.
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
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, Nancy K. Parker, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 14, 1992
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bul lding, on Tuesday,
January 14, 1992, at 2:00 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.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Richard J. Keever
Bayside Presbyterian Church
PLEDGE OF ALLEGIANr'g: TO T14F F]Ar 0 ATES OF AMERICA
9
item III-E.I-
CERTIFICATION OF
EXECUTIVE SESSION ITEM 35228
Upon motion by Counci iman Heischober, seconded bv Counci lman Sessoms, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN XCCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
ldentif ied in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. 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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
4b,
ar,ooluttilit -
CERTIFICATION OF EXECTJTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35227,
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.
@th Hodg E
City Clerk January 14, 1992
- 10 -
Item 111-F-1.
MINUTES ITEM # 35229
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
APPROVED the Minutes oi the INFORMAL & FORMAL SESSIONS ot January 7, 1992.
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
item 111-G-1.
PUBLIC HEARING ITEM 35230
Mayor Oberndorf DECLARED a PUBLIC HEARING:
ESTABLISH ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY
The tol lowing registered to speak but spoke relative REAPPORTIONMENT rather
than the addition of election districts and voting places in the City (Ocean
Lakes, Ocean Lakes Elementary School):
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Bob Engesser, 5290 Vestry Drive, Phone: 499-3157
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
- 12 -
Item 111-H-1.
ORDINANCES ITEM # 35231
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 10,
Sections 10.1 and 10.2 of the Code of the City ot
Virginia Beach, Virginia, establishing an election
district and voting place at ocean Lakes Elementary
School within the City.
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 10-1 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 ELECTION DISTRICTS AND VOTING
6 PLACES WITHIN THE CITY OF
7 VIRGINIA BEACH.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 10-1 of the Code of the City of Virginia Beach,
11 Virginia, is hereby amended and reordained to read as follows:
12 Section 10-1. Establishment of election districts and voting
13 places.
14 There are hereby established in the City of Virginia Beach the
15 following election districts and their respective voting places, as
16 set forth below:
17
is ELECTION DISTRICT VOTING PLACES
19
20 Alanton Alanton Elementary School
21 Aragona Adult Learning Center
22 Arrowhead Arrowhead Elementary School
23 Bayside Bayside Elementary School
24 Bellamy Indian Lakes Elementary School
25 Blackwater Blackwater Fire Station
26 Bonney Center for Effective Learning
27 Brandon Brandon Junior High School
28 Cape Henry Research and Enlightenment
29 Building (Edgar Cayce Library)
30 Capps Shop P. A. Mosquito Control Building
31 Centerville Centerville Elementary School
32 Chesapeake Beach Bayside Baptist Church
33 College Park College Park Elementary School
34 Courthouse Courthouse Fire Station
35 Creeds Creeds Fire Station
36 Davis Corner Bettie F. Williams Elementary
37 School
38 Fairfield Fairfield Elementary School
39 Forest St. Nicholas Catholic Church
40 Glenwood Glenwood Elementary School
41 Great Neck Francis Asbury United Methodist
42 Church
43 Green Run Green Run Elementary School
44 Holland Holland Elementary School
45 Homestead Providence Presbyterian Church
46 Kempsville Point of View Elementary School
47 Kings Grant Kings Grant Elementary School
48 Kingston Kingston Elementary School
49 Lake smith Shelton Park Elementary School
50 Larkspur St. Andrews United Methodist
51 Church
52 Linkhorn The Evangelical Lutheran church
53 of the Good Shepherd
54 Little Neck St. Aidan's Episcopal church
55 London Bridge London Bridge Baptist Church
56 Lynnhaven Lynnhaven colony United Church of
57 Christ
58 Magic Holland Roma Lodge No. 254
59 Malibu Malibu Elementary School
60 Meadows Pembroke Meadows Elementary School
61 Mt. Trashmore Windsor Woods Elementary School
62 Oceana scott memorial United Methodist
63 Church
64 ocean Lakes 001
65 Ocean Park Bayside Christian Church
66 Old Donation old Donation center for Gifted
67 Pembroke Pembroke Elementary School
68 Plaza Lynnhaven Elementary School
69 Providence Kempsville Recreation Center
70 Red Wing Fire Training center
71 Salem Salem Baptist church
72 Seatack Seatack Elementary School
73 Shannon Church of the Ascension
74 Sherry Park st. Matthews Catholic Church
75 Sigma Sandbridge Fire Station
76 Stratford Chase Providence Elementary School
2
77 Thalia Thalia Elementary school
78 Thoroughgood Independence Junior High school
79 Timberlake White oaks Elementary School
so Trantwood Virginia Beach Christian Church
81 Virginia Beach - A Galilee Episcopal Church
82 Virginia Beach - B Virginia Beach Junior High School
83 virginia Beach - C Cooke Elementary School
84 Windsor oaks Windsor oaks Elementary School
85 Witchduck Bayside Presbyterian Church
86 Wolfsnare Eastern Shore Chapel
87 Woodstock Avalon Church of Christ
88 Central Absentee Voter Agriculture/Voter Registrar
89 Election District Building
90 Adopted by the Council of the City of virginia Beach, virginia
91 on the 14 dav of Janua 1992.
92 CA-4532
93 \ordin\proposed\lo-ool.pro
94 R-2
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Item 111-H.2.
ORDINANCES ITEM # 35232
The tollowing registered in OPPOSITION to the Ordinance:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Reverend Jerome C. Ross, 310 North Birdneck Road, Phone: 422-5048, Mount Olive
Baptist Church
Upon mot 1 on by Counc i I man He i schober, seconded by V i ce Mayor Fentress, City
Council ADOPTED:
ordinance to TRANSFER $400,000 from the Economic
Development Investment Program Account to the
Virginia Beach Development Authority re on-site and
off-site Infrastructure improvements to CIGNA's
Direct Marketing Division's Customer Service
Center.
Voting: 11-0
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. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 TRANSFER FUNDS FROM THE ECONOMIC DEVELOPMENT
3 INVESTMENT PROGRAM ACCOUNT TO THE CITY OF
4 VIRGINIA BEACH DEVELOPMENT AUTHORITY
5
6
7 WHEREAS, the City of Virginia Beach Development Authority
8 (the "Authority") was created pursuant to Chapter 643 of the Acts
9 of Assembly of 1964 (as amended) (the "Acts");
10 WHEREAS, one of the primary purposes of the Authority as
11 set forth in the Acts is to "promote industry and develop trade by
12 inducing manufacturing, industrial, governmental and commercial
13 enterprises to locate in or remain in the [city] .... ";
14 WHEREAS, the Authority has induced CIGNA Corporation to
15 locate its Direct Marketing Division's Customer Service Center in
16 the City of Virginia Beach;
17 WHEREAS, the inducement included an agreement to provide
18 CIGNA Corporation certain incentives which include assisting CIGNA
19 with the costs of certain on-site and off-site infrastructure
20 improvements to CIGNA's temporary and permanent facilities, and
21 providing traffic improvements to two intersections along Lynnhaven
22 Parkway that will provide improved access to CIGNA's permanent
23 facility.
24 WHEREAS, funds are available in the Economic Development
25 Investment Program Account (Project 2-141), which was approved in
26 the FY 1990-91/1994-95 Capital Improvement Program, to provide
27 infrastructure improvements on sites and along roadways to enhance
28 the economic viability of property;
29 WHEREAS, at its regularly-scheduled meeting on November
30 19, 1991, the Authority, by a vote of 6-0 (with one member absent) ,
31 determined that the provision of the aforementioned incentives to
32 CIGNA Corporation would serve a valid public purpose and would be
33 in furtherance of the purposes for which the Authority was created;
34 and
35 WHEREAS, the total cost of these incentives, to be
36 provided over a period of several years, will not exceed $400,000.
3 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUMCIL OF THE CITY
38 OF VIRGINIA BEACH:
39 That the City Manager is hereby authorized to transfer
40 funds from the Economic Development Investment Program Account to
41 the City of virginia Beach Development Authority in an amount not
42 to exceed $400,000 to enable the Authority to provide incentives to
43 CIGNA corporation as an inducement for CIGNA Corporation's location
44 of its Direct Marketing Division's Custoiner Service Center in the
45 city of virginia Beach.
46 Adopted by the Council of the City of Virginia Beach this
47 14 day of January 1992.
48
49
50
51 CA-4515
52 Noncode\CIGNA.ORD
53 R-2
APPROVED AS TO CONTE@,lf'@
SIGNATUIE
DEPARTM-NI
AP,?ROVED.A6 TO i.,GAi
SUF
CITY ATTORNEY
2
ESTIMATED ANNUAL MUNICIPAL TAX REVENUES
CIGNA DIRECT 14ARKETING CUSTOMER CENTER PROJECT
CITY OF VIRGINIA BEACH
OCEANA WEST CORPORATE PARK
Real Estate* $12,000,000 $1.09 per $100 $130,800
Personal Property $ 8,000,000 $3.80 per $100 $304,000
Electricity, Gas $ N/A 15% first $500 $ 6,240
and Water 5% next $1,100
Telephone $ N/A 20% first $400 $ 60
TOTAL $442,000
f it-.
Phase I - 65,000 sq. ft. Class A Office and Phase II - 65,000
sq. ft. Class A Office @ $80 per sq. ft. and 8.0 acres of land
@ $200,000 per acre.
Term of the CIGNA leases to be a minimum of ten (10) years
with additional lease options.
Over 10 years CIGNA estimates that the Project will generate
a minimum of $300,000,000 in labor revenues for the local
economy.
The CIGNA Companies have assets of more than $60 billion.
CIGNA is a leading provider of insurance, health care,
employee benefits, pension and investment management and
related financial services to business and individuals
worldwide.
14 -
item
RESOLUTIONS ITEM # 35233
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, city Council
ADOPTED:
Resolution appointing Management Underwriters re
issuance of REFUNDING BONDS:
a. Craigle, Inc.
b. Paine Webber, Inc.
c. Lehman Brothers
d. Scott and Stringfellow investment corporation
e. Wheat, First Securities, Inc.
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION FOR APPROVAL OF
2 UNDERWRITERS FOR REFUNDING BONDS
3 WHEREAS, the city of Virginia Beach, Virginia (the
4 licityl-), has debt outstanding;
5 WHEREAS, the City, in conjunction with its financial
6 advisors, has deternined that it is in the best interest of the
7 city to refund certain portions of outstanding debt: its 1982
8 General Obligation Road Bonds (Series of 1982); its 1982 Public
9 improvement Bonds (Series of 1982) ; its 1982 Water and Sewer Bonds
10 (Series of 1982) ; its 1984 Public Improvement Bonds (series of
11 1984); its 1984 Water and Sewer Bonds (Series of 1984); its 1985
12 Public Improvenent Bonds (Series of 1985) ; its 1985 Water and Sewer
13 Bonds (Series of 1985); its 1987 Public Inprovenent Bonds (Series
14 of 1987); and
15 WHEREAS, after soliciting and reviewing applications of
16 investment banking firms and interviewing certain firms, the city
17 staff, upon consultation with representatives of Government Finance
is Associates, Inc. and Government Finance Research Center, the
19 "Financial Advisors" of the City, have recommended a managing
20 underwriting team for such issuance of refunding bonds.
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 1. Craigie, Incorporated and Paine Webber, Inc. , are
24 hereby appointed as the Underwriters for the planned issuance of
25 Refunding Bonds in the approximate amount of $38,250,000.00.
26 craigie Incorporated is appointed the book-running senior manager
27 and Paine Webber, Inc., is appointed as co-senior manager.
28 2. The City Manager and staff of the Department of
29 Finance are hereby authorized to appoint, as co-managers or as a
30 selling qroup, additional underwriters, including, but not limited
3 1 to Lehman Brothers, Scott and Stringfellow Investment Corp. and
32 Wheat, First Securities, Inc.
33 3. This resolution shall take effect itnmediately.
34 Adopted by the Council of the city of Virginia Beach,
35 Virginia, on the 14 day of January 1992.
AP@i!OVED AS TO CONTEN-1.@@
36 CA-92-4536
37 NONCODE\CA-4536.res
SIGNATUP,E
38 R3
A7, T@ L[-I-IAL
Ai :D FOIM
Y T7
T@RNEY
2
Government Finance Associates, Inc.
Suite 1301
71 Broadway
New York, New York iOOO6
(212) 809-5700
TO: jAmEs iL SPORE
ciTy MANAGER
FROM: GOVFRNMENT FINANCE ASSOCIATES, INC.
SUBJECT: SELECTION OF UNDERWRITERS FOR poTENTIAL REFUNDING
OF GENFRAL OBLIGATION DEBT
DATE: JANUARY 6,1992
Over the past several months, the City of Virginia Beach Finance Department,
in coniunction with tbe City's financial advisors, Government Finance Assoelates, Inc.,
and (;overnment Finance Research Center, has been closely monitoring the municipal
bond market for an opportunity for,t@le City to take advantige of low interest rates to
refund existing high coupon general ooligaiion debt. intere@t rates in the tax-exempt
market are at extremelv attractive levels-at this time, on an historically comparative
basis, having declined a-imost without interruption since June of this year. ]3y reolaciniz
existing high interest rate debt with new bonds at lower rates, the City can signiticantly-
reduce-the debt service burden on the its annual operating budget.
The City and its financial advisors conducted preliminary analysis in early
December which confirmed that significant savings were available in the current
market. In order to conduct a refinancing, it is necessary, under almost all
circumstances, to conduct the sale on a n&gotiated, rather than on a competitive basis.
A negotiated transaction allows an issuer to time its entry into the market to achieve
maximum savings and to perform the complex financial calculations related to the
establishment of an escrow fund necessary at the time that refunding bonds are sold.
'ne City developed and distributed a request for proposal (RFP) for senior
managing underwriter for advance refunding bonds. -B6 RFP requested pertinent
information as to each of the following firm@s capability to satisfy the City's
requirements as an underwriter/manager of thistt) e of City indebtedness. @e request
for proposal was issued by the City's Departmen OTPurchasing to the following eight
firms on December 13, lq9l.
Craigie Incorporated
Goldman, Sachs & Co.
Leizjz Mason Wood Walker, Inc.
Le@man Brothers
Merrill Lynch & Co.
PaineWebber, Incorporated
Scott & Strinpfellow-Investment Corporation
Wheat, First @ecurities, Inc.
Princeton New York San Francisco
New Jersey New York California
C,overnment Finance Associates, Inc.
'ne following firms responded to the RFP:
Craigie Incorporated
Lehman Brothers
PaineWebber, Incorporated
scott & Strinafellow Investment Corporation
Wheat, First @ecurities, Inc.
Tbe City and its financial advisors reviewed the proposals accordiniz to a
predetermined set of criteria which consisted of the following categOTies, @ach of which
was assigned a relative weight.
oi,d A funding Issue.
OP i
1. pr
n
2. Mark
3. Pricin 0 S
4. Firm xp ing Issues.
Ba,,ed upon review of the prol)osals by the Finance Department and the City's
financial adviSOTs, according to the c@ teria above, the City coficluded that the firm of
ri
ed was best qualified to manage the bond issue and therefore
ning co-senior manager. The Finance Department, in
na@cial advisors, det-ermined that in order to conduct a
achieve tbe maximum possible savings, several additional
the distribution of the bonds. In order to construct the
cing team, it was necessary to establish a balance between firms
with their princip investment banking.activiiies centered in Virginia and those with
n ginia, but also a national focus. An excellent
p ainewebber Incorporated. The City
d r as co-senior manag-er and the other firms listed
b better bond distribution and consequently lower
cost.
Co-managers:
Lehman Brothers
Scott & Stringfellow Investment Corporation
Wheat, First @ecurities, Inc.
This team of managers, as a result of its combination of extensive local retail
brokerage networks and national experience, should be able to achieve a high level of
savings for the City. The City has set out as an objective in this financing, in order to
obtai-n the highest level of savings available, that the management team focus the sale
of the bonds on retail investors in the Commonwealth. Extremely strong demand for
municipal obligations among this type of investor should assure the best reception for
the City's bonds.
In accordance with the above discussion, we now expect to assii,zn the followinp,
amounts, as targeted levels, to each category of underwriting participation in the
transaction. If any of the firms do not p@rform well with respect to the participations
assigned to them, then a readjustment of the available bonds will have to occur.
Book-running co-senior manager 40-45%
Co-senior manager 15-20%
Co-managers 10-15%
Page 2
FOPM NO. P.A 12
REC)UEST FOR PROPOSAL ptrp mim
12/13/91 MO- #1215
City of Virgiiiia ]3each DATE ---- CLOSM DATE
@NG ADENT 1 2/31 /91
@ 321 C" @ MLOINO TWE
WWPNIA Von*-A 3100 P.M.
NAME REPEREME
R. BERRY/Jmw
ATTENTION OF O"EFKOAS IS l@D
To BECT. 15. 1-73 CODE OF VIR(M NiA
[CONFUCT OF Pff PAI!$TL
DESCRIPTION OF REOUEST FOR PROPOSAL
SENIOR MANAGING UNDERWRITER FOR ADVANCE
REFUNDING BONDS
ENCLOSURE
THE FOLLOWING SECTION MUST 13E EXECUTED AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR
COMPANY.
PERSON OUOTINO: DATE;
TITLE:
Enclosures
CITY OF VIRGINIA BEACH, VIRGINIA
DEPARTMENT OF FINANCE
REQUEST FOR PROPOSALS
to serve as
SENIOR MANAGING UNDERWRITER
for
ADVANCE REFUNDING BONDS
RFP Issue Date: December 13,1991 RFP Item 41215
Proposals Due: December 31, 1991
SECTION I
INTRODUCTION
The purpose of this Request for Proposals ("RFP") is to select a Senior Managing Underwriter for the City of
Virginia Beach's planned issuance of tax-exempt bonds to obtain annual debt service savings by defeasing
outsLanding debt through an advance refunding. A complete list of the City's outstanding bonds by maturity and
coupon rate is included in the City's Annual Long Term Debt Rcport.
The Firin(s) selected must have demonstrable experience in the structuring and sale of general obligation refunding
bonds. T'he selected firm(s) will work with representativcs of the City, iLs rinancial advisors (Govemment Finance
Associates, Inc. and Govemment Finance Research Center) and bond counsel (Hunton and Williams) to ensure that
the rinancing is completed in a fimely manner and that the securities are well received by the market.
A selection committee consisting of representatives from the City and iLs financial advisors will review the
proposals and present a recommcndation to the Virginia Beach City Council (the "Council"). -ne City may choose
to conduct interviews of selected rtrms pfior to presenting a recommendafion to the Council. 'ne City anticipates
that these interviews would be conducted on January 6, 1992.
Contact during the RFP process, regarding the selection of underwfiters, with any public officials of the City, exccpt
as exprcssly provided for herein, is prohibited. 'ne City reserves the right to reject the proposal of any firtn engaged
in such contact.
The City shall not be liable for any expenses incurred by proposers in their preparation and presentation of the
proposals. The City reserves the right to reject all proposals. All proposals submitted to the City pursuant to Lhis
RFP will become the property of the City. FirTns responding to Lhis RFP must express dieir willingness to work
on a contingency basis. The City will not be responsible for any expenses nor will it pay any fees to the rinn(s)
selected in the event the financing is not completed, including but not limited to a refusal by the State Council on
Local Debt to approve the issuance of such bonds.
The City reserves Lhe right to waive any informalities in any proposal. Where there is a discrcpancy between
numeral and written text, the wfitten text shall be considered binding.
'ne City reserves the right to designate a co-manager for the financing, in r I h II n
1
SECTION 11
PROPOSAL PREPARATION AND SUBMIS$ION REQUIREMENTS
Instruction to Proposers
Questions conceming this RFP should be directed in wfiting to Mr. Rick Berry, Purchasing Agent for the City of
Virginia Beach no later than December 20, 1991. Written responses to all questions received will be distributed to
each firin to which the RFP has been sent (f-irms receiving this RFP from a source other than the City should
contact Kimberly Edwards or Chester Johnson aL the addresses provided below to ensure that they will receive written
responses to questions). Failure of the City to respond to written questions or failure of any individual to receive
written responses shall not affect the validity of the RFP. Supplemental instructions, if any, issued by the City,
shall be in writlen form and sent by registered mail to all persons on the original mailing list. Failure of any
proposer to receive supplemental instructions shall not relieve the proposer from any obligaflon under the proposal
as submitted. All addenda so issued shall become an integral part of this RFP-
General Proposal Requirements
n : To be considered responsive, please send the ofiginal and four (4) copies of your proposal to Mr.
Rick Berry at the address cited below by 3-.00 P.M. local time on Tuesday, December 31, 1991.
Proposals shall be placed in a separate envelope or package and identified with the Request for Proposal's item
number and the name and addrcss of the Offeror. Addifionally, proposers are rcquired to send two (2) copies of thcir
proposal to each of the City's financial advisors, Ms. Kimberly K. Edwards and Mr. Chester Johnson, at the
addresses provided below. L-a
m,l h I n
Rick Berry
Purchasing Agent
City of Virginia Beach
Room 321
Municipal Ccnter - City Hall Building
Virginia Beach, VA 23456
(804) 427-4438
Kimberly K. Edwards
Govemment Finance Rese=h Center
1750 K Street, N.W., Suite 200
Washington, D.C. 20006
(202) 429-2750
J. Chester Johnson
Govemment Finance Associates
71 Broadway, Suite 1301
New York, N.Y. 10006
(212) 809-5700
2
Proposal Preparation
Proposal should be signed by an auLhori7.ed representative of the pr6poser. All information requested must bc
submitted. Failure to submit all information requested may result in a proposal being considered "non-responsivc"
and therefore rejected. Excluding tabular material and schedules requcsted in this RFP, the textual presentadon
should not be longer than fifteen (I 5) pages, singled spaced.
Proposals should be prepared simply and economically, providing straightforward, concise responses to sadsfy RFP
requirements. No printed brochurcs Or materials other than written responses to thc specific requirements should be
Providcd. Each copy of the propo-,al should be bound in a singlc volume. All documentafion submitted with th,
Proposals should be bound in that single volumc.
Offcrors shall check with the issuing office wilhin 48 hours prior to the proposal closing to secure any addenda
affecdng bidding.
The attached anticollusion/nondiscrimination form incorporated hercin must be executed and retumed with the request
for Proposal documents to receive consideration.
Offcrors are advised that Chaptcr 7 of Title II (specifically Secdon 1 1-52) of the Code of Virginia - - i.e., the
Virginia Public Procurement Act - - shall govem public inspecdon of all records submitted by the Offcror.
Speciric Proposal Requirements and Response Fortnat
In order to provide for a unifonn review process and to obtain comparability, proposals must be organized as
described below. Failure to follow this forinat may be cause for rejection of your proposal. Adherence to this
format is critical for the City's evaluation process.
a. Title Page
The dde page should reflect the RFP subject, name of the f-irm, address, telephone number, contact person and
date of preparadon.
b. Table of Contents
Indicate the materials includcd by section and page number. The table of contents should mirror the format
described in this secdon of the RFP, including items c - e as described herein.
C. Letter of Transmittal
Each proposal should be accompanied by a letter of transmittal noL exceedini! two pages which summarizes
the key points of the proposal and which is signed by an officer of the firm who is responsible for
committing the f-irm's resources.
3
d. Firm Qualifications
P]CM describe your firm's experience as a senior manager or co-manager for tax-exempt refunding bonds tliat
have been sold since January 1, 1989. The list should bc limited to bond issues for the Commonwcalth of'
Virginia, its agencies and authorities, and municipal govemments within the state. Specify the bond issucs
for which you served as senior manager and idenfify Lhe par amount, true interest cost, credit rating, final
maturity, dollar amount of total and present value savings, and savings ratios (present value savings as a
pcrcentage of refunded and refunding bonds) for those issues. if the refunding was undertaken by the stalc or
local government for reasons other than debt service savings, the rationale for the refunding should be stated
clearly. Some of the information may be provided in tabular fonn at the respondent's opfion.
From this list of refunding bond issues, please provide three references, including a contact pcrson's name,
tide, address and phone number.
Please provide the name of thc public finance profcssionals assigned to this financing.
C. Proposed Refunding Structure
The City requests that proposers stmcture a refunding bond issue to defease a porfion of the City's outstanding
bonds. The refunding issue must comply with Lhe State Council on LecaI Debt, Guidelines for Approval of
Refunding Bonds, dated November 20, 1991 ("the guidelines") and should qualify as Type A refundings, as
def-ined under Sections 2.1 through 2.2 of the guidelines. T'he refunding bonds must not increase the average
life of the City's outstanding debt nor may it lengthen the Final maturity of the outstanding debt. The City
seeks to obtain approximately level savings in each fi'scal year as a result of the refunding.
Please provide Lhe following schedules to illustrate the refunding:
i. Present Value Savings Report, using Lhe TIC on the refunding bonds (calculated as
dcFtned in the State Council on Local Dcbt guidelines) as the discount rate
ii. Sources and Uses of Funds Schedule for the Refunding Bonds
iii. Debt Scrvice of Refunding Bonds - including proof of TIC and interest rate scale
iv. Escrow Sizing Report with proof of Escrow Yield and Arbitrage Yield Limit
V. Debt Service Schedule of Rcfunded Bonds prior to refunding - showing principal and
interest componenls and including only currenlly outstanding maturities
vi. Called Bonds Report - Debt Service Schedule of called maturities, indicating all
datcs and call premiums
vii. Combined Debt Service - debt service of Refunding Bonds and Refunded Bond aftcr
refunding, including non-refunded maturides of Refunded Bonds
viii. Financing assumptions for the Refunding Bonds, including dated date, closing date,
interest compounding intervals and payment dates, principal payment dates, interest
rate assumptions, escrow assumptions, including investment yield and cscrow
requirements, and, if neccssary, cash contribu6ons by City.
Note: If more than one scries of bonds are being refunded to produce aggregate savings, then
attach items i and v for each issue.
Include and explain in full any cash contributions to the escrow or costs of i,su,n,,. At
the beginning of each f-iscal year, the City deposits in the debt service funds for each bond
issue the amount of debt service due in that fiscal year. After debt service payments have
been made, these funds are not replenished until the beginning of the following fiscal
year.
4
The relationship between the average Lakedown and the couppn rates obtained on the securities is wcll
understood. The City's goal is to obtain thc highest level of savings at the lowest possible cost. The
refunding plan therefore must be accompanied by a principal maturity schedule that lists the coupon rates and
takedown (sales commission) for each maturity of the refunding bonds. The informafion should be set forth
in the format illustrated in Exhibit 1. The
n m r17 I 1.
The firm's ability to sell iLs bonds aggressivcly at a reasortable takedown will constitute an imponant criterion
for selecfion. @e f*irm selectcd to underwrite the bonds will be held accountable for its proposal. Although
unexpected and demonstrable changes in market condidons can result in a change in the pricing structure, the
selected firm will be required to justify any change through a detailed market analysis. Therefore,
unreasonably low estimates will be counterproductive and viewed negatively. The refunding plan should
identify the category of investor that will be targeted (i.e.; Properly and Casualty, Bank Trust, Mutual Fund,
Individual Retail). Tbe City resmes the right to direct the managing underwriter to establish a priority of
orders at pricing that favors individual retail investors.
The proposal also should include a firm indication of the total spread (in dollars/$1,000) which would be
required if your firm is selected as the underwritcr for the tax-exempt issue. Please complete the pricing fonn
provided as Exhibit 2, The underwriting fee, if any, should be set forth on a "not-to-exceed" basis. The
management fee and expense components of the spread will be considered as f-irm bids. In proposing your
management fee, be advised that the City's f-inancial advisor will retain general oversight responsibilities for
the preparation of Lhe off-icial statement and radng agency communica6ons. Moody's and S&P are scheduled
to visit with the City prior to January 1, 1992. Therefore, an additional trip to New York will not be
necessary. Tbc expcnse component of the spread should bc priced accordingly.
5
SECTION Ill -
EVALUATION AND AWARD CRITERIA
The City shall apply two principal criteria in its cvalua6on of proposals from investment banking firms seeking a
position as scnior managing undcrwriter of the refunding bonds. The two criteria are set forth below.
I . Experience of the finn wilh the sale of refunding bonds by the Commonwealth of Virginia, iLs
agencies, and municipal govemments within the Commonwealth; ability of the firm to
aggressively market the City's t>onds.
2 . Ability to achieve the highest level of savings al the lowest possible cost to the City. The City will
assess the f-irm's ability to meet this criterion by evaluating the factors set forth below,
a. Demonstrated ability to structure general obligation refunding bonds to achieve the maximum level of
annual debt service savings, based on responsiveness to the specific requirements and format of this RFP.
b. Cost, as defined by the proposed underwriting spread n" the coupon rates (true interest cost] proposed
for the refunding bond issue. Cost will be evaluated according to the information provided on Exhibits I
and 2. Respondents are reminded Lhat unr@isfic spreads and yields will be viewed negatively.
6
Exhibit 2
Cost Component
G.O. Rel Issue
in 11 r
Avemge Takedown $
Management Fee $
Underwriters'Expenses* $
(iv.) Underwridng Fee (Risk) $
Total Spread s
(i.) Underwriters'Counsel (t) $
(ii.) TraveI $
(iii.) Fed Funds (tt) $
(iv.) Document Printing (ttt) $
(v.) Ovemight Dclivery s
(vi.) Other (specify) $
Total s
Submitted By:
Firm Name:
Telephone:
(t) Assume sepatate und@rwrit'll' l,u,,,I, provide f@ on a "not-to-exceed" basis.
(tt) Assume a closing with same-day funds.
(ttt) Excludes POS/OS printi.g; Lhe f-in@cial ad@is.r @ill -ve,@m prepuati,n f th, Offi,i,l Sttem.nt.
8
Exhibit I I
YIELDS AND TAKEDOWNS
Year of Principal Coupon Average
Maturity Amount (Yicld)
Use additional pages if necessary.
7
ANTICOLLUSION/NOXDISCRIMINATION CLAUSES
ANTICOLLUSION CLAUSE:
lt4 THE PREPARATION AND SUBMISSION OF THIS PROPOSAL, SAID OFFEROR DID NOT EITHER
DIRECTLY OR INDIRECTLY ENTER INTO ANY COMBINATION OR ARRANGEMENT WITH ANY
PERSON, FIRM OR CORPORATION, OR ENTER INTO ANY AGREEMENT, PARTICIPATE IN ANY
COLLUSION, OR OTHERWISE TAKE ANY ACTION IN THE RESTRAINT OF FREE, COMPETMVE
BIDDlt4G IN VIOLATION OF THE SHF-RMAN ACT (15 U.S.C. SECTTON 1), SEC77ONS 59.1-9.1 THROuGn
59.1-9.17 OR SEC-NONS 59.1-68.6 OF THE CODE OF VIRGINIA.
THE UNDERSIGNED OFFEROR HEREBY CERTIFIES THAT THIS AGREEMENT, OR ANY CLAIMS
RESULTING THEREFROM, IS NOT THE RESULT OF, OR AFFECTED BY, ANY ACT OF COLLUSION
WITH, OR ANY ACr OF, ANOTHER PERSON OR PERSONS. FIRM OR CORPORATION ENGAGED IN
THE SAME LINE OF BUSINESS OR COMMERCE; AND THAT NO PERSON ACTING FOR, OR
EMPLOYED BY, THE CITY OF VIRGINIA BEACH HAS AN @REST IN, OR IS CONCERNED WITH,
THIS PROPOSAL; AND, THAT NO PERSON OR PERSONS, FIRM OR CORPORATION OTHER THAN
THE UNDERSIGNED, HAVE @REST OR ARE, INTEREST-ED IN THIS PROPOSAL.
NONDISCRIMINATION CLAUSE:
EMPLOYMENT DISCRIMINATION BY CONTRACTOR SHALL BE PROHIBITED
1) DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS
FOLLOWS:
A. THE CONTRACTOR, WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, SEX, AGE, NATIONAL
ORIGIN, OR HANDICAP, EXCEPT WHERE RELIGION, SEX, AGE, NANONAL ORIGIN OR
HANDICAP IS A BONA FIDE OCCUPATIONAL QUALIFICATION REASONABLY
NECESSARY TO THE NORMAL OPERATION OF THE CONTRACTOR. THE CONTRACTOR
AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND
APPLICANTS FOR EMPLOYMENT, NOTICES SETITNG FORTH THE PROVISIONS OF THIS
NONDISCRIMINATION CLAUSE.
13. THE CONTRACTOR, IN kLL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES
PLACED BY OR BEHALF OF THE CONTRACTOR. WILL STATE THAT SUCH
CONTRACrOR IS AN EQUAL OPPORTUNITY EMPLOYER.
C. NOTICES, ADVERTISEMENTS, AND SOLICITATIONS PLACED IN ACCORDANCE WITH
FEDERAL LAW, RULE OR REGULATION SHALL 13E DEEMED SUFFICIENT FOR THE
PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECNON.
Name and Address of FirTn
Date:
By:
Signature in Ink
Printed Name
Telephone Number
Tide
9
- 15 -
Item 111-1.2.
RESOLUTIONS ITEM # 35234
Michael Grifferty, Assistant Vice President - Government Finance Associates,
Inc., advised savings are estimated at $2.3-MILLION with a present value of
approximately $1.7-MILLION.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution authorizing distribution of Preliminary
Official Statement re sale of General Obligation
Refunding Bonds, Series of 1992, of the City of
Virginia Beach, Virginia, in the approximate amount
of $38,250,000.
Voting: 11-0
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, Nancy K. Parker
and William 0. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION AUTHORIZING DISTRIBUTION OF PRELIMINARY
OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF GENERAL
OBLIGATION REFUNDING BONDS, SERIES OF 1992, OF THE CITY
OF VIRGINIA BEACH, VIRGIMIA, IN THE APPROXIMATE AMOUNT OF
$38,250,000
WHEREAS, the City of Virginia Beach, Virginia (the "City"),
proposes to issue its Gen@ral obligation Refunding Bonds, Series of
1992 (the "Bonds"), in the approximate amount of $38,250,000 to
refund all or a portion of the following maturities of bond issues
of the City:
(a) General obligation Road Bonds, Series of 1982, maturing
on November 1, 1993 and 1994, in the aggregate outstanding
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;
(h) General Obligation Public Improvement Bonds, Series of,
1987, maturing on May 1, 2001 through 2007, in the aggregate
principal amount of $13,060,000; and
WHEREAS, there have been presented to this meeting a draft of
a Preliminary Official Statement to be dated January 22, 1992, with
respect to the offering of the Bonds (the "Preliminary Official
Statement");
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The City approves the Preliminary Off icial Statement, in
substantially the form presented to this meeting, with such
completions, omissions, insertions and changes not inconsistent
with this resolution as the City Manager, in collaboration with the
City's financial advisors, deems appropriate. The City authorizes
the distribution of the Preliminary Official Statement to prospec-
tive purchasers of the Bonds; provided, however, the distribution
of the Preliminary Official Statement shall not occur unless the
issuance of the Bonds has been approved by the state council on
Local Debt.
2. The City authorizes and directs the City Manager, in
collaboration with the City's financial advisors, to deem the
Preliminary official Statement final on behalf of the City as of
its date within the meaning of Rule 15c2-12 of the Securities and
Exchange Cominission, except for the omission of certain pricing and
other information permitted to be omitted pursuant to such Rule
15c2-12. The distribution of the Preliminary official Statement to
prospective purchasers of the Bonds shall be conclusive evidence
that it has been deemed final as of its date by the city, except
for the omission of such pricing and other information permitted to
be omitted pursuant to Rule 15c2-12.
3. This resolution shall take effect immediately.
Adopted by the Council of the city of Virginia Beach,
Virginia, on the 14 day of January 1992.
-2-
16 -
Item 111-1.3.
RESOLUTIONS ITEM # 35235
Chester Johnson, Financial Advisor, Government Finance Associates, responded to
City Council's inquiries.
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Resolution authorizing distribution of Preliminary
Official Statement re sale of Water and Sewer
System Revenue Bonds, Series of 1992, of the City
of Virginia Beach, Virginia, in the approximate
amount of $19,975,000.
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION AUTHORIZING DISTRIBUTION OF
PRELIMINARY OFFICIAL STA IN CONNECTION
WITH THE SALE OF WATER AND SEWER SYSTEM
REVENUE BONDS, SERIES OF 1992, OF THE CITY OF
VIRGINIA BEACH, VIRGINIA IN THE APPROXIMATE
AMOUNT OF $19,975,000
WHEREAS, the City of Virginia Beach, Virginia (the
"City"), proposes to issue its Water and Sewer System Revenue
Bonds, Series of 1992 (the "Bonds"), in the approximate amount of
$19,975,000 to finance improvements to its water and sanitary sewer
system; and
WHEREAS, there has been presented to this meeting a draft
of a Preliminary Official Statement to be dated January 22, 1992,
with respect to the offering of the Bonds (the "Preliminary
Official Statement") ;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The City approves the Preliminary official
Statement, in substantially the form presented to this meeting,
with such completions, omissions, insertions and changes not
inconsistent with this resolution as the City Manager, in
collaboration with the City's financial advisors, deems
appropriate. The City authorizes the distribution of the
Preliminary Official Statement to prospective purchasers of the
Bonds.
2. The City authorizes and directs the City Manager, in
collaboration with the City's financial advisors, to deem the
Preliminary Official Statement final on behalf of the City as of
its date within the meaning of Rule 15c2-12 of the Securities and
Exchange Commission, except for the omission of certain pricing and
other information permitted to be omitted pursuant -lo such Rule
15c2-12. The distribution of the Preliminary Official Statement to
prospective purchasers of the Bonds shall be conclusive evidence
that it has been deemed final as of its date by the City, except
for the omission of such pricing and other information permitted to
be omitted pursuant to Rule 15c2-12.
3. This resolution shall take effect immediately.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of January , 1992.
APPROVED AS TO CONTEWS
DEPARTMENT
AppitoVED As TO LEGAL
suFFICIENCY
- 17 -
Item III-I.4.
RESOLUTIONS ITEM # 35236
Kenneth E. Palmer, 1805 Templeton Court, Phone: 481-0788, Chairman -
Development Authority, spoke in SUPPORT of the Resolution.
The following registered in OPPOSITION:
Issac Herbert, 1264 Tim Road, Phone: 464-5849, represented the Burton Station
Civic League
Thomas Jennings, 1325 Church Street, represented the Newlight Civic League
Alice Green, 1237 General Street, represented the Newlight Civic League and
Coalition of Minority Civic Leagues
Reverend Jerome C. Ross, 310 North Birdneck Road, Phone: 422-5048, represented
the Mount Olive Baptist Church
E. George Minns, President - NAACP, Post Office Box 4548, Phone: 671-2827
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President - Citizens
Action Coalition, Inc.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Ernest L. Benson, Sr., 2945 Queen City Road, Phone: 420-4137, represented the
Queen City Civic League.
Robert Engesser, 5290 Vestry Drive, Phone: 499-3157
Upon motion by Councilman Jones, seconded by Councilman Baum, City Council
ADOPTED, AS AMENDED*:
Resolution requesting the General Assembly adopt
legislation in the 1992 Session granting power of
condemnation to the Virginia Beach Development
Authority.
*The following verbiage shall be added on line 34, after "That the General
Assembly is hereby requested to adopt legislation in the 1992 Session that
would grant the power of condemnation to the City of Virginia Beach Development
Authority ...":
"...in geographical areas of the City of Virginia
Beach designated by the Virginia Beach City Council
as industrial development parks in a public agenda
session."
Voting: 6-5
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. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
None
1 A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY TO ADOPT LEGISLATION IN THE
3 1992 SESSION TO GRANT THE POWER OF
4 CONDEMNATION TO THE CITY OF VIRGINIA
5 BEACH DEVELOPMENT AUTHORITY
6 WHEREAS, the City of Virginia Beach Development Authority
7 (the "Authority") was created pursuant to Chapter 643 of the Acts
8 of Assembly of 1964 (as amended) (the "Actsio);
9 WHEREAS, the purpose of the Authority, as set forth
10 in the Acts, is to "promote industry and develop trade by inducing
11 manufacturing, industrial, governmental and commercial enterprises
12 to locate in or remain in [the City] .... ";
13 WHEREAS, Section 6 of the Acts provides, in part,
14 that the Authority has the power 11[t]o acquire, whether by
15 purchase, exchange, gift, lease or otherwise ... real and personal
16 properties or interests therein which the commissioners of the
17 Authority deem necessary and convenient to carry out the purpose of
18 this act;"
19 WHEREAS, the commissioners of the Authority have
20 determined that it would greatly facilitate its ability to enhance
21 economic development within the City if the General Assembly were
22 to incorporate into the Authority's powers, the power to acquire
23 real and personal property by condemnation;
24 WHEREAS, City Council recognizes the importance of
25 economic development to the continued growth of the City; and
26 WHEREAS, City Council further recognizes the
27 benefits that a grant of the power of condemnation to the Authority
28 would have to the City's overall economic development efforts.
29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31 That the General Assembly is hereby requested to
32 adopt legislation in the 1992 Session that would grant the power of
33 condemnation to the City of Virginia Beach Development Authority in
34 geographical areas of the City of Virginia Beach designated by the
35 Virginia Beach City council as industrial development parks in a
36 public agenda session.
37 Adopted by the Council of the city of Virginia Beach,
38 Virginia, on the ]4th day of January -, 1992.
39 CA-4527
40 ORDIN\NONCODE\CHAP-643.RES
41 R-5
2
1 8
Item 111-J.1.
PUBLIC HEARING ITEM # 35237
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) STAR OF THE SEA CATHOLIC CHURCH STREET CLOSURE
(b) ALLEN J. GETTEL CHANGE OF ZONING
(c) CAPITAL ONE, INC. CONDITIONAL USE PERMIT
(d) CITY ZONING ORDINANCE AMEND AND REORDAIN
Sections 234 and 501
signs for home occupations/
accessory activities.
(e) MASTER AND STREET AND HIGHWAY PLAN AMEND/relocating and deleting
certain roads.
- 19 -
Item III-J.l.a.
PUBLIC HEARING ITEM # 35238
PLANNING
Attorney Jerry Mack Douglas, Jr. , 4356-2 Bonney Road, Suite 102-A, Phone:
334-0199, represented the applicant
Charles S. Kiley, represented the applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED subject to coinpliance of conditions by July 14, 1992, the
petition of STAR OF THE SEA CATHOLIC CHURCH for the discontinuance, closure and
abandonment of Lakeside Drive.
Application of Star of The Sea Catholic Church for
the discontinuance, closure and abandonment of
Lakeside Drive beginning at the southern boundary
of 15th Street and running in a southerly direction
to the northern boundary of Arctic Crescent. Said
parcel contains 10,229 square feet. VIRGINIA BEACH
BOROUGH.
The following conditions shall be required:
1. It appears that the applicant owns the underlying
fee for the right-of-way proposed for closure and
purchase froin the City will not be required. This
is subject to verification by the City Attorney's
Office.
2. The applicant is required to resubdivide the
property and vacate internal lot lines to
incorporate the closed area into adjoining parcels,
as well as to ensure that all lots have access to a
public street.
3. A drainage easement over the existing storm drain
must be retained along the southern boundary
(northern boundary of Arctic Crescent).
4. The applicant shall submit a revis&d ordinance
closing the right-of-way to the City Attorney's
Office. The redraft shall include a "save and
except" clause for the drainage easement referenced
in Condition #3.
5. The applicant shall provide evidence to the City
Attorney's Office that title of the right-of-way
proposed for closure shall vest with the church
when closed by the City.
6. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council (by
July 14, 1992).
- 20 -
Item 111-J.l.a.
PUBLIC HEARING ITEM # 35238 (Continued)
PLANNING
Voting-. 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE NO.
All Of that parcel of land located to the west of
Pacific Avenue and between 14th Street and 15th
Street in the Virginia Beach Borough in the City of
Virginia Beach, Virginia, and being shown as Lakeside
Drive (30 feet wide right of way) in Map No. 5 of
the property of the Virginia Beach Developrnent Co.
(which map is recorded in the Office of the Clerk
of the Circuit Court of the City of virginia Beach,
Virginia, in Map Book No. 5 at page 21) and being
more particularly bounded and described as follows:
Beginning at a point located in the south right of
way line of the abovedescribed 15th Street which
point is located south 820 08' 30" west, a distance
of 45.05 feet, as measured along the abovedescribed
south right of way line of 15th Street, from the
west right of way line of the abovedescribed Pacific
Avenue, and frorn said point of beginning running thence
in a southwesterly direction along a curve to the left,
which curve follows the east right of way line of
Lakeside Drive and which curve has a radius of 78.50
feet, an arc distance of 97.95 feet to a point located
in the abovedescribed east right of way line of Lakeside
Drive; thence running in a southerly direction along a
curve to the left, which curve follows the abovedescribed
east right of way line of Lakeside Drive and which curve
has a radius of 264.00 feet, an arc distance of 108.34
feet to a point located in the abovedescribed east right
of way line of Lakeside Drive; thence running in a
southerly direction along a curve to the right, which
curve follows the abovedescribed east right of way line
of Lakeside Drive and which curve has a radius of 190.00
feet, an arc distance of 91.19 feet to a point located
in the abovedescribed east right of way line of Lakeside
Drive; thence running along a curve to the left, which
curve follows the abovedescribed east right of way line
of Lakeside Drive and which curve has a radius of 234.00
feet, an arc distance of 25.45 feet to a point located
in the north right of way line of the abovedescribed
14th Street; thence turning and running south 760 24' 18"
west, along the abovedescribed north right of way line
of 14th Street, a distance of 74.92 feet to a point located
in the abovedescribed north right of way line of 14th Street;
thence turning and running in a northeasterly direction
along a curve to the left, which curve follows the west
right of way line of Lakeside Drive and which curve has a
radius of 62.37 feet, an arc distance of 71.09 feet to a
point located in the abovedescribed west right of way line
of Lakeside Drive; thence running in a northerly direction,
along a curve to the left, which curve follows the above-
described west right of way line of Lakeside Drive and which
curve has a radius of 160.00 feet, an arc distance of 76.79
feet to a point located in the abovedescribed west right of
way line of Lakeside Drive; thence running in a northerly
direction along a curve to the right, which curve follows
the abovedescribed west right of way line of Lakeside Drive
and which curve has a radius of 294.00 feet, an arc distance
of 120.65 feet to a point located in the abovedescribed west
right of way line of Lakeside Drive; thence running in a
northwest direction along a curve to the left, which curve
follows the abovedescribed west right of way line of Lakeside
Drive and which curve has a radius of 40.00 feet, an arc
distance of 73.28 feet to a point located in the south right
of way line of the abovedescribed 15th Street; thence
turning and running north 820 08' 03" east, along the
abovedescribed south right of way line of 15th Street, a
distance of 138.62 feet to the point and place of
beginning of this description.
WHEREAS, it appearing by affidavit that proper notice has
been given by Star of the Sea Catholic Church, that they would
make application to the Council of the City of Virginia Beach,
Virginia, on November 26, 1991, to have the hereinabove
described portion of a certain st@eet discontinued, closed and
vacated; and
WHEREAS, it is the judgment of the Council that the
hereinafter described portion of said street be discontinued,
closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described portion of said
street be discontinued, closed and vacated:
All of that parcel of land located to the west of
Pacific Avenue and between 14th Street and 15th
Street in the Virginia Beach Borough in the City of
Virginia Beach, Virginia, and being shown as
Lakeside Drive (30 feet wide right of way) in Map
No. 5 of the property of the Virginia Beach
Development Co. (which map is recorded in the office
of the Clerk of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book No. 5 at page
21) and being more particularly bounded and described
as follows:
Beginning at a point located in the south right of
way line of the abovedescribed 15th Street which
point is located south 820 081 30" west, a distance
of 45.05 feet, as measured along the abovedescribed
south right of way line of 15th Street, from the
west right of way line of the abovedescribed Pacific
Avenue, and from said point of beginning running thence
in a southwesterly direction along a curve to the left,
which curve follows the east right of way line of
Lakeside Drive and which curve has a radius of 78.50
feet, an arc distance of 97.95 feet to a point located
in the abovedescribed east right of way line of Lakeside
Drive; thence running in a southerly direction along a
curve to the left, which curve follows the abovedescribed
east right of way line of Lakeside Drive and which curve
has a radius of 264.00 feet, an arc distance of 108.34
feet to a point located in the abovedescribed east right
of way line of Lakeside Drive; thence running in a
southerly direction along a curve to the right, which
curve follows the abovedescribed east right of way line
of Lakeside Drive and which curve has a radius of 190.00
feet, an arc distance of 91.19 feet to a point located
in the abovedescribed east right of way line of Lakeside
2
Drive; thence running along a curve to the left, which
curve follows the abovedescribed east right of way line
of Lakeside Drive and which curve has a radius of 234.00
feet, an arc distance of 25.45 feet to a point located
in the north right of way line of the abovedescribed
14th Street; thence turning and running south 760 241 18"
west, along the abovedescribed north right of way line
of 14th Street, a distance of 74.92 feet to a point located
in the abovedescribed north right of way line of 14th Street;
thence turning and running in a northeasterly direction
along a curve to the left, which curve follows the west
right of way line of Lakeside Drive and which curve has a
radius of 62.37 feet, an arc distance of 71.09 feet to a
point located in the abovedescribed west right of way line
of Lakeside Drive; thence running in a northerly direction,
along a curve to the left, which curve follows the above-
described west right of way line of Lakeside Drive and which
curve has a radius of 160.00 feet, an arc distance of 76.79
feet to a point located in the abovedescribed west right of
way line of Lakeside Drive; thence running in a northerly
direction along a curve to the right, which curve follows
the abovedescribed west right of way l'ine of Lakeside Drive
and which curve has a radius of 294.00 feet, an arc distance
of 120.65 feet to a point located in the abovedescribed west
right of way line of Lakeside Drive; thence rtnning in a
northwest direction al6ng a curve to the left, which curve
follows the abovedescribed west right of way line of Lakeside
Drive and which curve has a radius of 40.00 feet, an arc
distance of 73.28 feet to a point located in the south right
of way line of the abovedescribed 15th Street; thence
turning and running north 820 081 03" east, along the
abovedescribed south right of way line of 15th Street, a
distance of 138.62 feet to the point and place of
beginning of this description.
Said parcel of land being a portion of Lakeside Drive.
SECTION II
A certified copy of this Ordiance shall be filed in the
Clerk's Office of the Circuit dourt of the City of Virginia
Beach, indexed in the name of the City of Virginia Beach, as
grantor.
Adopted:
G-PIN
- 21 -
Item 111-J.l.b.
PUBLIC HEARING ITEM # 35239
PLANNING
Allen J. Gettel, 5620 Parliament Drive, the applicant, represented himselt
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Heischober, City
Counci I ADOPTED an Ordinance upon application of ALLEN J. GETTEL for a Change
of Zoning District Classification:
ORDINANCE UPON APPLLCATION OF ALLEN J. GETTEL FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1
TO R-40 Z01921338
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Allen J. Gettel for a
Change of Zoning District Classification from 1-1
Light Industrial District to R-40 Residential
District on the north side of Parliament Drive, 350
feet more or less east of Princess Anne Road. The
proposed zoning classification change to R-40
Residential District is for single-famiy
residential land use at a density no greater than I
dwelling unit per acre. The Comprehensive Plan
recommends use of this parcel for office land use.
Said parcel is located at 5620 Parliament Drive and
contains 2.237 acres. KEMPSVILLE BOROUGH.
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
Fourteenth of January, Nineteen Hundred and Ninety-Two.
Voting: 11-0
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, @ayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item III-J.I.c.
PUBLIC HEARING ITEM # 35240
PLANNING
Attorney R. J. Nutter, II, 4425 Corporation Lane, Suite 300, Phone: 671-6037,
represented the applicant
Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of CAPITAL ONE, INC. for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF CAPITAL ONE, INC. FOR
A CONDTTIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR
ESTABLISHMENT R01921410
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Capital One, Inc. for
a Conditional Use Permit for an automotive repair
establishment at the southwest corner of Virginia
Beach Boulevard and North Lynnhaven Road. The
parcel is located at 2901 Virginia Beach Boulevard
and contains 33,364 square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The logo and yellow background may only cover the
pediment on the front offset portion of the
building and the side facing North Lynnhaven Road.
An eighteen- (18-) inch strip may continue around
the building under the roof eve.
2. A six- (6-) foot planting bed landscaped in
accordance with the "Parking Lot and Foundation
Landscaping Specifications and Standards" shall be
provided along the perimeter of the site.
3. The two (2) curb cuts closest to the intersection
of Virginia Beach Boulevard and North Lynnhaven
Road shall be closed. Temporary barriers in the
form of a landscape planting bed six (6) feet in
width or planter boxes compatible with the site may
be used for a period of three years. These curb
cuts must be closed permanently by installing new
curb and gutter, required landscaping, etc., by the
end of this three-year period.
4. No outside storage of parts or automobiles is
allowed overnight.
5. The substitution of existing vegetation for the
required screening along the Southern property line
is subject to approval by Landscape Services.
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
Fourteenth of January, Nineteen Hundred and Ninety-Two.
- 23 -
Item III-J.1-c-
PUBLIC HEARING ITEM # 35240 (Continued)
PLANNING
voting: 10-1
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, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
- 24 -
Item 111-J.1-d.
PUBLIC HEARING ITEM # 35241
PLANNING
Upon motion by Vice Mayor Fentress, seconded by Counci lman Baum, City Counci I
ADOPTED:
ordinance to AMEND and REORDAIN Sections 234 and
501 of the City Zoning Ordinance re signs for home
occupations and accessory activities.
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 234 AND 501 OF
3 THE CITY ZONING ORDINANCE OF THE
4 CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO SIGNS
6 FOR HOME OCCUPATIONS AND
7 ACCESSORY ACTIVITIES OPERATED
8 FOR PROFIT IN RESIDENTIAL
9 DWELLING UNITS.
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That Sections 234 and 501 of the City Zoning Ordinance of the
13 City of Virginia Beach, Virginia, is hereby amended and reordained
14 to read as follows:
15 Section 234. HoMe occupations.
16 In districts where they are generally permitted, an occupation
17 may be conducted in a dwelling unit, provided that:
is (a) Not more than twenty (20) percent of the floor area of
19 the dwelling unit and accessory structures shall be used
20 in the conduct of the activity. Provided, however, this
21 limitation shall not have application to family day-care
22 homes.
23 (b) No traffic, including traffic by commercial delivery
24 vehicles, shall be generated by such activity in greater
25 volumes than would normally be expected in the
26 neighborhood, and any need for parking generated by,the
27 conduct of such activity shall be met off the street and
28 other than in a required front yard.
29 (c) No mete than ene (3:) identification sign shall be
30 permitte
31 area, shall be menilluninated, and shall be meanted fiat-
32 -, -.-st the ifall ef- the r-esidenee. However, as an
33 exception, the City council, upon a finding that a sign
34 would not be detrimental to the surrounding neicrhborhood,
35 may as a condition of the use Permit allow up to one
3 6 sign, nonilluminated, not to exceed one sauare foot in
37 area, mounted flat against the wall of the residence.
38 (d) No use shall create noise, dust, vibration, smell, smoke,
39 glare, electrical interference, fire hazard, or any other
40 hazard or nuisance to any greater or more frequent extent
41 than would normally be expected in the neighborhood under
42 normal circumstances wherein no home occupation exists.
43 (e) The following uses are specifically excluded:
44 Convalescent or nursing homes, tourist homes, massage
45 parlors, radio or television repair shops, auto repair
46 shops, or similar establishments.
47 Section 501. Use recjulations.
48 . . .
49 (b) Accessory uses and structures. Uses and structures which
50 are customarily accessory and clearly incidental and subordinate to
51 principal uses and structures and where such accessory structures
52 do not exceed the height of the principal structure and do not
53 exceed five hundred (500) square feet of floor area or twenty (20)
54 percent of the floor area of the principal structure, whichever is
55 greater. Such accessory uses and structures include but are not
56 limited to:
57 (1) Detached quest house and servants quarters within the
58 R-40 District only;
59 (2) Bees;
60 (3) Swimming pools, boat houses, piers, etc.;
61 (4) In connection with agricultural use, no more than one
62 roadside stand for sale of agricultural products produced
63 on the premises; provided that no such stand shall exceed
64 five hundred (500) square feet in floor area nor be
65 erected within twenty (20) feet of the property line
66 fronting any street;
67 (5) An accessory activity operated for profit in a
68 residential dwelling unit where there is no change in the
69 outside appearance of the building or premises or any
70 visible or audible evidence, including signs, detectable
2
71 from out@ide the building lot, either permanently or
72 intermittently, of the conduct of such business emeept
73 eLe-
74 the-
75 where no traffic is generated, including
76 traf f ic by commercial delivery vehicles, by such activity
77 in greater volumes than would normally be expected in the
78 neighborhood, and any need for parking generated by the
79 conduct of such activity is met off the street and other
80 than in a required front yard; where the activity is
81 conducted on the premises which is the bona fide
82 residence of the principal practitioner, and no person
83 other than members of the immediate family occupying such
84 dwelling units is employed in the activity; where such
85 activity is conducted only in the principal structure on
86 the lot; where there are no sales to the general public
87 of products or merchandise from the home; and where the
88 activity is specifically designed or conducted to permit
89 no more than one (1) patron, customer, or pupil to be
90 present on the premises at any one time. The following
91 are specifically prohibited as accessory activities:
92 Convalescent or nursing homes, tourist homes, massage
93 parlors, radio or television repair shops, auto repair
94 shops, or similar establishments.
95 Adopted by the Council of the City of virginia Beach, Virginia
96 on the 14 day of January 1992
97 CA-4547
98 \ordin\proposed\45-234.pro
99 R-1
3
- 25 -
Item III-J.l.e.
PUBLIC HEARING ITEM # 35242
PLANNING
Tim Green, 3200 Twinflower Lane, Phone: 427-0984, represented the Landstown
Meadows Lakes Civic League and requested DEFERRAL of Amendments 1-8 until
Landstown Meadows Lakes Civic League has the opportunity to meet and discuss
the proposed Amendments.
Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City
Council DEFERRED to the City Council Session of January 28, 1992:
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):
1/5. Holland Road (change)
2. Elbow 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)
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item I I I -K.
CONSENT AGENDA 1TEM # 35243
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
Council APPROVED In ONE MOTION, Items 1, 2, 3, and 6 of the CONSENT AGENDA.
Items 4 and 5 were voted upon separately.
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 27 -
Item Ill-K-1
CONSENT AGENDA ITEM # 35244
Upon motion by Vice Mayor Fentress, seconded by Counci [woman Parker, City
Council ADOPTED:
Resolution increasing the number ot members on the
Parks and Recreation Commission.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Ciyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION TO INCREASE THE NUMBER OF
2 MEMBERS ON THE PARKS AND RECREATION
3 COMMISSION FROM ELEVEN TO TWELVE
3 WHEREAS, the Council of the city of virginia Beach,
4 Virginia established a Parks and Recreation commission on August 1,
5 1988;
6 WHEREAS, the Commission presently consists of eleven
7 members, one for each of the seven boroughs and four at-large
8 seats; and
9 WHEREAS, it is council's desire to provide for an
10 additional at-large member.
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13 That the membership of the Parks and Recreation
14 commission is hereby increased by one additional member for a total
15 of twelve members. The new member shall be an "at-large" member.
16 The initial term of such member shall expire August 31, 1994.
17 Thereafter, the term of such appointed nember shall be for three
is years.
19 This resolution shall be deemed effective from the first day
20 of January 1992.
21 Adopted by the Council of the City of Virginia Beach,
22 virginia, on the 14 day of January 1992.
23 CA-92-4539
24 \NONCODE\CA-4539.Res
R
25 -3 A -,7) 'TO
- 28 -
item Ill-K-2
CONSENT AGENDA ITEM # 35245
Upon motion by by Vice Mayor Fentress, seconded by Councilwoman Parker, City
City Council ADOPTED:
Resolution to establish an additional Deferred
Compensation Plan and appoint the ICMA Retirement
Corporation to serve as Administrator.
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION TO ESTABLISH AN ADDITIONAL
2 DEFERRED COMPENSATION PLAN
3 WHEREAS, the City of Virginia Beach has employees
4 rendering valuable services;
5 WHEREAS, the establishment of an additional deferred
6 compensation plan for such employees will serve the interests of
7 the city by enabling it to provide reasonable retirement security
8 for its employees, by providing increased flexibility in its
9 personnel management system, and by assisting in the attraction and
10 retention of competent personnel;
11 WHEREAS, the City has determined that the establishment
12 of an additional deferred compensation plan to be administered by
13 the ICMA Retirement corporation will serve the above objectives;
14 WHEREAS, the city desires that the investment of funds
15 held under the additional deferred compensation plan be
16 administered by the ICMA Retirement corporation, as Trustee, with
17 the understanding that such funds will be held by the ICMA
18 Retirement Trust, a trust established by public enployers for the
19 purpose of representing the interests of such employers with
20 respect to the collective investment of funds held under their
21 deferred compensation plans.
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 That the City of Virginia Beach hereby adopts the
25 deferred compensation plan, attached hereto as Appendix A, and
26 appoints the ICMA Retirement Corporation to serve as Administrator
27 thereunder;
28 BE IT FURTHER RESOLVED:
29 That the City Manager is hereby authorized to execute the
30 ICMA Retirement Trust, attached hereto as Appendix B;
31 BE IT FURTHER RESOLVED:
32 That the City of Virginia Beach hereby adopts the trust
33 agreement, attached hereto as Appendix C, and appoints the ICMA
ion as Trustee thereunder, nd directs the ICMA
34 Retirement Corporat tee, to invest all funds held under
35 Retirement Corporation, as Trus
36 this deferred compensation plan through the ICMA Retirelnent Trust
37 as soon as is practicable; and
38 BE IT FURTHER RESOLVED: is hereby
3 9 That the City,s Payroll Administrator 1 receive
40 designated the coordinator for this program and shal
41 necessary reports, notices, etc. from the ICMA Retirement
42 Corporation as kdministrator, and shall cast, on behalf of the CitY
43 of virginia Beach, any required votes under the prograln.
44 Administrative duties to carry out the plan may be assigned to the
45 appropriate departments.
46 Adopted by the Council of the CitY of Virginia Beach,
47 virginia, on this 14 day of January 1992.
48 CA-4540
49 NONCODE\COMP.RES
50 R-1
RESOLUTION TD ESTABLISH AN ADDITIONAL
DEFERRED COMPENSATION PLAN
(ATTACHMENT)
Appendix A - DeFerred Compensation Plan,
Appendix B - ICNA Retirement Trust and
Appendix C - Trust Agreement with ICKA Retirement Corporation
are all on file in the Payroll Division of the Finance Department.
- 29 -
Item Ill-K.3
CONSENT AGENDA ITEM # 35246
Upon motion by by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
City Council ADOPTED:
ordinance authorizing City Attorney to convey and
record deeds dated June 20, 1989, executed by
Virginia Beach Erosion Council.
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE AUTHORIZING RECORDATION OF DEEDS
2 DATED JUNE 20, 1989 EXECUTED BY VIRGINIA BEACH
3 EROSION COUNCIL JUNE 29, 1989.
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 WHEREAS, by deeds, one dated May 11, 1952 and the other
7 dated December 31, 1953, the Virginia Beach Erosion Council
8 acquired the fee simple title to the western portion of the bottom
9 of Lake Wesley, and;
10 WHEREAS, by resolutions which the virginia Beach Erosion
11 Council considered and adopted at their meetings held on July 19,
12 1988 and December 20, 1988, the Erosion Council agreed to convey,
13 at the requesting owner's expense, portions of property owned by
14 the Erosion Council to adjacent property owners in order to clear
15 up titles or permit encroaching structures of the adjacent property
16 owners; and
17 WHEREAS, there are two unrecorded deeds dated June 20,
18 1989, and executed by the Virginia Beach Erosion Council June 29,
19 1989; and
20 WHEREAS, when the Virginia Beach Erosion Council ceased
21 to exist on July 1, 1989 by act of the General Assembly, the City
22 of Virginia Beach, by operation of law succeeded as successor in
23 interest to all rights, titles and interest in and to real and
24 tangible personal property owned by the Erosion Council; and
25 WHEREAS, the property which was to be conveyed by the
26 Erosion Council to the adjacent property owners became the property
27 of the City of Virginia Beach and now said deeds must be conveyed
28 and recorded pursuant to SS 15.1-307 of the Code of Virginia.
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31 That the City Attorney is authorized to convey and record
32 the aforesaid deeds in the manner he deems in the best interest of
33 the City of Virginia Beach.
34 Adopted by the Council of the City of Virginia Beach,
35 virginia, on the @4th day of , 1992.
36 Note: Pursuant to V.C.A 15.1-307 a recorded affirmative vote of
37 three-fourths of all the members elected to council is required.
38 CA-4535
39 ORDIN\NONCODE\CA-4535.ORD
40 R-3
A,
4T
AF',IPOVE-Cl! AS TO LCGAL
SUFFICIENCY, AND FORM
CITY A77ORNEY
2
- 30 -
Item III-K.4
CONSENT AGENDA ITEM # 35247
The following spoke in SUPPORT of the Ordinance:
Geneva 0. Wills, 236 Shipp Lane, Phone: 428-2548
E. George Minns, Post Office Box 4548, Phone: 671-2827, President - NAACP
Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing acquisition of property in
fee simple for right-of-way for Atlantic Park
Drainage (CIP 2-020) with temporary and permanent
easements of right-of-way, either by agreement or
condemnation.
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 Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
Councilman Sessoms left at 4:48 P.M.
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 ATLANTIC PARK DRAINAGE CIP 2-020 AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAZ, EITHER BY AGREEMENT
6 OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 virginia Beach, Virginia, a public necessity exists for the
9 construction of this important drainage system for the preservation
10 of the safety, health, peace, good order, comfort, convenience, and
11 for the welfare of the people in the City of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City of Virginia Beach is hereby
15 authorized to acquire by purchase or condemnation pursuant to
16 sections 15.1-236, et seg., 15.1-898, 15.1-899, 25-46.1 et seg.,
17 and Section 33.1-89, et seg. , Code of Virginia of 1950, as amended,
18 all that certain real property in fee simple, including temporary
19 and permanent easements of right of way as shown on the location
20 map entitled "ATLANTIC PARK DRAINAGE C.I.P. NO. 2-020," this
21 location map being on file in the off ice of Real Estate Department
22 of Public Works, Virginia Beach, Virginia.
23 Section 2. That the City Manager is hereby authorized to
24 make or cause to be made on behalf of the City of Virginia Beach,
25 to the extent that funds are available, a reasonable offer to the
26 owners or persons having an interest in said lands, if refused, the
27 City Attorney is hereby authorized to institute proceedings to
28 condemn said property.
29 Adopted by the council of the City of Virginia Beach,
30 Virginia, on the 14 day o@, January 1992.
3 1 CA-4495
32 NONCODE\CA-4495.ORD
33 R-1 TO CONTENTS
APPROVED AS TO LEGAL
SUFFICI]MCY AND FORM
CITY ATTORNKY
- 31 -
Item III-K.5
CONSENT AGENDA ITEM # 35248
Gunther Degen, 524 Viking Drive, Phone: 486-6623, President - Hermes Abrasives
Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance authorizing a temporary encroachment into
a portion of the Canal No. 2 drainage easement to
Hermes Abrasives to install parking lot fencing
(LYNNHAVEN BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner agrees to provide two gates, one along
each side property line with a minimum fifteen-
(15-) foot opening. Said gates to be located
between the existing parking lot and the top of
bank. If gates are locked, keys must be provided to
the City of Virginia Beach, Department of Public
Works, Highways Division.
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 Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
I AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A POR'TION OF THE
4 CANAL NO. DRAINAGE
5 EASEMENT TO HERMES
6 ABRASIVES, !TS HEIRS,
7 ASSIGNS AND SUCCESSORS IN
8 TITLE
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That pursuant to the authority and to the extent thereof
12 contained in Section 15.1-893, Code of virginia, 1950, as amended,
13 Hermes Abrasives, its heirs, assigns and successors in title, is
14 authorized to construct and maintain a temporary encroachment into
15 the Canal No. 2 drainage easement.
16 That the temporary enc:roachment herein authorized is for
17 the purpose of constructing and maintaining an eight-foot high
18 chain link and barbed wire fence and that said encroachment shall
19 be constructed and maintained in accordance with the City of
20 Virginia Beach Public Works Department' s specifications as to size,
21 alignment and location, and further that such temporary
22 encroachment is more particularly described as follows:
23 An area of encroachment into a
24 portion of the City's property known
25 as Canal No. 2, on the certain plat
26 entitled: "ENCROACHMENT PLAT
27 PROPOSED FENCE FOR HERMES ABRASIVES
28 9-9-91,11 a copy of wliich is on file
29 in the Department of Public Works
30 and to which referenc-- is made for a
31 inore particular description.
32 PROVIDED, IIOWEVER, -,bat the temporary encroachment herein
33 authorized shall terminate upon riotice by the City of Virginia
34 Beach to any officer of Hermes Abrasives, itself, its heirs,
35 assigns and successors in title and that within thirty (30) days
36 after such notice is given, said encroachment shall be removed from
37 the City's property known as Canal No. 2 and that it, its heirs,
38 assigns and successors in title sha"l bear all costs and expenses
39 of such removal.
40 AND, PROVIDED FURTHER, that it is expressly understood
41 and agreed that Hermes Abrasives, its heirs, assigns and successors
42 in title shall indemnify and hold harmless the City of Virginia
43 Beach, its agents and employees from and against all claims,
44 damages, losses and expenses including reasonable attorney's fees
45 in case it shall be necessary to file or defend an action arising
46 out of the location or existence of such encroachment.
47 AND, PROVIDED FURTHER, that the party of the second part
48 agrees to maintain said encroachment so as not to become unsightly
49 or a hazard.
50 AND, PROVIDED FURTHER. tliat this ordinance shall not be
51 in effect until such time that Hermes Abrasives executes an
52 agreement with the City of Virginia Beach encompassing the
53 aforementioned provisions.
54 Adopted by the Council of the City of Virginia Beach,
55 Virginia, on the 14 day of January 19 92
56 KL/ta
57 09/18/91
58 hermes.ord
A@ROVLD AS fO CONTENT
SIGN@TURF
DEPA.' T@@@NT
AP@ T,,)
PRC
IND
Y.,d
LOCATION MAP
LLI
qu
ts
LL
0
z
0
cn
cn
0
z
is @day of
THIS AGREEMENT, made th
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
R
municipal corporation, party of the first part, and HERMES
ABRASIVES, a virginia corporation, ITS ASSIGNS AND SUCCESSORS IN
TITLE, party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain an eight-foot chain link
and barbed wire fence in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such fence, it
is necessary that the said party of the second part encroach into
ii a portion of City property known as Canal No. 2; and said party
ii
l@ of the second part has requested that the party of the first part
grant a temporary encroachment to facilitate such fence within a
portion of the City's property known as Canal No. 2.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
owledged, the party of the
part, receipt of which is hereby ackn
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's property known as
Canal No. 2 for the purpose of constructing and maintaining such
fence.
it is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
a,ccordance with the laws of the Commonwealth of Virginia and the
city of Virginia Beach, and in accordance with the City of
virginia Beach Public Works Department's specifications and
approval as to size, aligriment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the city's property known as Canal No. 2 as
shown on that certain plat entitled:
"ENCROACHMENT PLAT PROPOSED FENCE FOR HERMES
ABRASIVES 9-9-91,11 a copy of which is
attached hereto as Exhibit "A" and to which
reference is made for a more particular
description.
it is further expressly understood and agreed that the
itemporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's property known as Canal No. 2 by the party of the second
arty of the second part shall bear all costs
part; and that the p
and expenses of such removal.
j@ It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
@ii or defend an action arising out of the location or existence of
i! such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
or
permission and authority to permit the maintenance
construction of any encroachmeilt other than that specified herein
xtent specified herein, nor to permit the
and to the limited e
croachment by anyone other
maintenance and construction of any en
party of the second part.
than the
nd agreed that the
it is further expressly understood a
ntain said encroachment so
party of the second part agrees to mai
ightly or a hazard.
as not to become uns
it is further expressly understood and agreed that the
party of the second part will provide two gates, one along each
foot opening.
i side property line with a minimum fifteen (15)
Said gates to be located between the existing parking lot and the
top of bank. If gates are locked, keys must be provided to the
city of virginia Beach, Department of public Works, Highways
Division.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
ove any such encroachment and
permission so granted, may rem
charge the cost thereof to the party of the second part, and
ovided by law for the collection
icollect the cost in any manner pr
of local or state taXeS; may recluire the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
11 part compensation for the use of such portion of the City's
3
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned bY
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
city stiall impose a penalty in the sum of one Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said HERMES ABRASIVES has
caused this Agreement to be executed in its corporate name and on
its behalf by its president, and its corporate seal to be hereto
affixed and duly attested by its corporate secretary with due
authority by its board of directors. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
Designee of the City Manager
(SEAL)
ATTEST:
4
HERMES ABRASIVES, a virginia
corporatbn
B
(iuntrier Degen,/President
(SEAL)
ATTEST:
(Title)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I
a Notary
Public in and for the City and State aforesaid, do hereby certify
that
CITY MANAGER/AUTHORIZED DESIGNEE
OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE,
whose name is signed to the foregoing Agreement bearing date on
the day of 19 has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
@MY Commission Expires:
ISTATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
5
whose name is signed to the foregoing Agreement bearing date on
the day of 19 _, has acknowledged the
saine before me in my Cit,, -ind State aforesaid.
GIVEN under @his day C)f
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH. to-wit,;
a Notary Public
iii aiid for the Ci.ty and Stata aforesaid, do hereby certify that
Gunther Degen, President, on behalf of HERMES ABRASIVES, whose
iiame is signed to the foregoing writing, bearing date the
day of 1-9_D, has acknowledged the same
before me in my City and State aforesaid.
Given under my liand this day of
Notar@
My Coimission Expires:
KL/tga
09/12/91
(encroac,@h\hermes.agr) APPROVLL) AS TC)
6
- 32 -
Item Ill-K.6
CONSENT AGENDA ITEM # 35249
Upon motion by by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
City Council APPROVED:
LOW BID:
DJW CONSTRUCTION Beach Restoration $461,145.00
COMPANY, INC. Spring 1992
Voting: 11-0
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, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 33 -
Item Ill-L.1
UNFINISHED BUSINESS ITEM # 35250
Upon motion by Counci Iman Jones, seconded by Counci iman Baum, City Counci I
APPROVED:
Request of Vice Mayor for reimbursement of $240.88
expense in officially representing the Mayor.
Vice Mayor Fentress referenced the Ordinance restricting Travel Expenses tor
Councilmembers (ADOPTED by City Council on Feburary 12, 1991) and the
Ordinance estab] ishing a Reimbursement Pol Icy for In-City Travel and Meal
Expenses incurred by Members of City Council while conducting official business
(ADOPTED by City Council on August 21, 1989). These Ordinances seem to conflict
and perhaps should be AMENDED.
Voting: 7-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
Nancy K. Parker
Council Members Abstaining:
Vice Mayor Robert E. Fentress and Reba S. McCianan
Council Members Absent:
William D. Sessoms, Jr.
- 34 -
Item 111-M.l.
NEW BUSINESS ITEM # 35251
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council:
CANCELLED CITY COUNCIL SESSION:
Tuesday, May 5, 1992
Councilmanic Election
The City Council Session of March 10, 1992, will remain as SCHEDULED.
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 Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 35 -
Item 111-M.2.
NEW BUSINESS ITEM # 35252
ADD-ON
Councilman Lanteigne distributed copies of a proposed resolution:
Resolution directing the City Manager to review
other localities re term limitations of governing
bodies.
Councilman Lanteigne requested this Resolution be SCHEDULED for the City
Council Session of January 28, 1992.
- 36 -
Item III-M.3.
NEW BUSINESS ITEM # 35253
ADD-ON
Mayor Oberndorf requested the City Clerk ascertain Council's availability for a
Workshop to review the Budget Survey (FY 1992 - 1993 OPERATING BUDGET) either
January 21, 1992, or January 28, 1992.
- 37 -
Item Ill-M.4.
NEW BUSINESS ITEM # 35254
Councilman Brazier formally requested the City Manager prepare a survey for the
CAPITAL IMPROVEMENT PROGRAM similar to the one distributed to the City Council
for the FY 1992 - 1993 OPERATING BUDGET.
- 38 -
Item Ill-N.I.
RECESS INTO
EXECUTIVE SESSION ITEM # 35255
Mayor Meyera E. Oberndort entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION (5:25 P.M.), pursuant to Section 2.1 -344 (A),
Code of Virginia, as amended, for the following purposes:
2. LEGAL MATTERS: Consultation with legal counsel or brietings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit: City of Virginia Beach v. ESG Enterprises, Inc.
Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council
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 Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 39 -
Item 111-N.2.
RECONVENE FORMAL SESSION ITEM # 35256
Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Counci I Chamber, City Hal I Bul Iding, on Tuesday, January
14, 1992, at 6:08 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Harold Heischober and William D. Sessoms, Jr.
- 40 -
Item 111-N.3.
CERTIFICATION OF ITEM # 35257
EXECUTIVE SESSION
Upon motion by Counci lman Heischober, seconded by Counci Iman Sessoms, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such publ lc business matters as were
identif ied in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndort and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and William D. Sessoms, Jr.
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 # 35255,
Page No. 38 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, THEREF-ORE, 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.
Ruth Hodges Srrith, CMC/AAE
City Clerk January 14, 1992
41 -
Item III-0.1.
ADJOURNMENT ITEM # 35258
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 6:10 P.M.
BeverlcpO. Hooks, CMC
Chief Deputy City Clerk
Uth Hodges-Smith, CMC/AAE MI@y a(5. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia