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HomeMy WebLinkAboutAPRIL 7, 1986 MINUTES • City of Viririia Beach "WORLD'S LARGEST RESORT CITY" � t B�C�v clrr COUNCILMAYOR HAROLD HEISCHOBER,At lge }VICE-MAYOR REBA 5.McCLANAN PrincessrnAn.BogA \ `t "iJOHN A.BAUM BNckwkr Borough �. NANCY A.CREECH.At Large J ROBERT E FENTRESS. Virgiwo Beath Boemg4 * • �'�• *{') BARBARA M HENLEY Puns Borough v — 'C eI H JACK JENNINGB.JR..Lnakanen Borwge LOUIS R.JONES,Damide Borough ROBERT O.JONES.At Large Q`Oleg nk J. HENRY McCOY.JR..KempntI.Borough MEYERA E OBERNDORF.At Large 287 CITY HALL BUILDING RUTH HODGES SMITH.CMC. City Clerk CITY COUNCIL AGENDA MUNICIPAL CENTER VIRGINIA BEACH.VIRGINIA 23456-9002 [604I42743OS April 7, 1986 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM A. INVOCATION: Reverend Ernest G. Roebuck Calvary Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS I. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve the Minutes of March 24, 1986. G. PROCLAMATION 1. National Library Week April 6 - 12, 1986 H. PLANNING 1. Ordinance for the discontinuance, closure and abandonment for a portion of an unnamed street in the petition of Marc-Lynn Associates (Lynnhaven Borough) . Recommendation: DENIAL 2. Ordinance for the discontinuance, closure and abandonment of portions of Jade Street and Cape Henry Drive in the petition of Jade Street Associates (Lynnhaven Borough) . Recommendation: DENIAL DEFERRED January 13, February 18, and March 24, 1986 3. Ordinance for the discontinuance, closure and abandonment for a portion of Knotts Island Road in the petition of Russell Simpson (Pungo Borough) . Recommendation: EXTENSION OF TIME TO JUNE 9, 1986 4. Ordinance for the discontinuance, closure and abandonment for a portion of Sandra Lane in the petition of S & C Company (Kempsville Borough) . Recommendation: TWO-WEER DEFERRAL TO APRIL 21, 1986 FINAL EXTENSION GRANTED December 9, 1985 5. Application of Thomas F. Owens, Sr. for a change of zoning from A-1 Apartment District to A-4 Apartment District on the east and west sides of Realty Avenue, 420 feet south of Old Virginia Beach Road on Parcels E, J, K, L and M, Block Oceana Gardens, containing 1.776 acres (Lynnhaven Borough). Recommendation: WITHDRAWAL 6. Application of Joseph E. and Susan C. Thain for a change of zoning from R-7 Residential District to B-4 Resort- Commercial District on Lots 98, 10, and 11, Block 18, Shadowlawn, containing 13,931 square feet, located at 312 Winston Salem Avenue (Virginia Beach Borough). Recommendation: APPROVAL DEFERRED February 3, 1986 II. N. 7. Application of Colcon Development Company, for a change of zoning from 8-3 Central-Business District to B-4 Resort- Commercial District located on the south side of Southern Boulevard beginning at a point 450 feet east of Constitution Drive on Lots 74-78, A. C. Jarvis Land, containing 10.0349 acres (Kempsville Borough). Recommendation: DENIAL DEFERRED February 3, 1986 8. Application of Elsi-Wan for a change of zoning from RR=6 Residential District to R-8 Residential District on property located on the west side of Riddle Avenue beginning at a point 115 feet south of Airstation Drive, containing 2.86 acres (Lynnhaven Borough) . Recommendation: DENIAL 9. Application of Perkins Building Corporation for a change of zoning from A-1 Apartment District to A-2 Apartment District on certain property located on the south side of Old Virginia Beach Road, 587 feet west of South Birdneck Road, containing 1.31 acres (Lynnhaven Borough). Recommendation: DENIAL 10. Application of Reid Farm Associates for a change of zoning from R-6 Residential District to A-2 Apartment District on certain property located at the southwest corner of Virginia Beach Toll Road and Pritchard Road, containing 28.774 acres (Lynnhaven Borough) . Recommendation: DENIAL 11 . Application of the City of Virginia Beach, to amend and reordain Section 5 of the Site Plan Ordinance pertaining to underground utilities. Recommendation: APPROVAL I. RESOLUTIONS/ORDINANCE 1. Resolution authorizing the City Manager to enter into a contract with Peat, Marwick & Mitchell for an annual independent audit of the City of Virginia Beach. 2. Resolution authorizing the issuance and sale of $37,700,000 General Obligation Public Improvement Bonds, Series of 1986, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof. AND, Resolution authorizing the issuance and sale of $6,080,000 General Obligation Water and Sewer Bonds, Series of 1986, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof. 3. Ordinance to transfer $350,600 of Capital Improvement Project funds from Project #2-823 Salem Canal Improvements to Project #2-830 Rudee Inelt Dredging to cover cost of the City's estimated cash contribution and site acquisition. J. 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 urging the United States Department of Energy to eliminate Site SE-2, located in Bedford County; and, Site SE-3, located in Halifax and Pittsylvania Counties, from consideration as locations for a high-level radioactive waste disposal facility. 2. Resolution requesting the Virginia Department of Conservation and Historic Resources, Division of Parks and Recreation, to approve a ten-week beach enhancement program application by the City of Virginia Beach, and authorize the City Manager to enter into necessary negotiations. 3. Ordinance to AMEND and REORDAIN Sections 31-1, 31-26, 31- 27, 31-28, and 31-31 of the Code of the City of Virginia Beach, Virginia, pertaining to Solid Waste. 4. Ordinance to transfer $2,964 from Reserve for Contingencies to the Sheriff's Office to establish an additional clerical position. 5. Ordinance to transfer $84,005 of Capital Project funds to establish project for Shore Drive-In site drainage and authorize and direct the City Manager to execute a cost- participation agreement with Terry/Peterson Development Corporation. 6. Ordinance to transfer $170,000 of Capital Project funds to advance funding for the City Stormwater Management Study and to authorize the execution of the design contract with Camp, Dresser and McKee. 7. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Pacific Avenue and 22nd Street to Beach Recreation, Incorporated its assigns and successors in title. 8. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of 3004 Pacific Avenue to Hilda 3. Silverman, her assigns and successors in title. 9. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Edwin Drive and Mount Trashmore to Trashmore and Associates, its assigns and successors in title. 10. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Ocean View Avenue to David L. Costinbader, his assigns and successors in title. 11. Low Bid to DJW Construction Company, Incorporated, in the amount of $96,402.75 for the construction of water and sewer improvements on Alberthas Drive and Congress Street. (These projects were by approved by Council Ordinance on November 19, 1984.) II. J. 12. Bingo/Raffle Permit: Veterans of Foreign Wars Raffle Permits: Fraternal Order of Police National Multiple Sclerosis Society Courthouse Recreation Association Virginia Beach High School Coaches Association St. Gregory Great Parent Teacher Group 13. Ordinance authorizing tax refunds in the amount of $1,996.26. 14. Ordinance authorizing license refunds in the amount of $1,236.20. K. UNFINISHED BUSINESS 1. Satellite Dish Antennas: Mr. Robert Scott, Director, Planning 2. Camp Pendleton Agreement: Staff Presentation 3. Conflict of Interests Ordinance 4. RECONSIDERATION No. CC 002: Waiver to Condition imposed June 15, 1981, in the change of zoning application of The Christian Broadcasting Network, Incorporated (Kempsville Borough). DEFERRED by City Council March 17, 1986 5. Interim Financial Statements - July 1, 1985, through February 28, 1986. L. NEW BUSINESS 1. RECONSIDERATION No. CC 004: Great Neck Associates' request to remove the earth berm as a condition of approval granted August 6, 1979, in the applications of Sunstream Park, Incorporated, for changes of zoning, Salem Lakes (Kempsville/Princess Anne Boroughs) . 2. CANCEL/RESCHEDULE Regular Meeting of May 26, 1986 (City Holiday - Memorial Day) FY 1986-1987 OPERATING BUDGET SCHEDULE April 1-16 City Council's Review April 17 Budget Workshop - Conference Room 4:00 - 7:00 PM April 22 Budget Workshop - Conference Room 4:00 - 7:00 PM April 29 PUBLIC HEARING - Pavilion 7:00 PM May 8 Budget Reconciliation Workshop - Conference Room - 4:00 - 7:00 PM May 12 PUBLIC HEARING and FIRST READING of Appropriation Ordinance - Council Chambers - 2:00 PM May 15 SECOND READING of Appropriation Ordinance - Council Chambers 12: Noon ANiA eeac 8,r7 ,fri 6 Aka bet Nos aa.Haar' MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 7, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, April 7, 1986, at 12:10 Y.M. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech was out of the City on business Louis R. Jones was out of the City on business - 2 - ITEM fi 25153 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1 . PERSONNEL MATTERS: Discussion of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Robert G. Jones, Jr., Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech was out of the City on business Louis R. Jones was out of the City on business April 7, 1986 - 3 - REGULAR SESSION VIRGINIA BEACH CITY COUNCIL April 7, 1986 2: 10 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, April 7, 1986, at 2: 10 P.M. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech, Louis R. Jones INVOCATION: Reverend Ernest G. Roebuck Calvary Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA April 7, 1986 - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM li 25154 Councilman Baum referenced a Resolution urging the United States Department of Energy to eliminate Site SE-2, located in Bedford County; and, Site SE-3, located in Halifax and Pittsylvania Counties, from consideration as locations for a high-level radioactive waste disposal facility. (See Item II-J.1 of the Consent Agenda). This item will be pulled for discussion. Item II-D.2. CONSENT AGENDA ITEM /I 25155 The City Manager referenced an Ordinance to AMEND and REORDAIN Sections 31-1, 31-26, 31-27, 31-28, and 31-31 of the Code of the City of Virginia Beach, Virginia, pertaining to Solid Waste. (See Item II-J.3 of the Consent Agenda). This item will be pulled for discussion as there have been Council inquires concerning the placement of all refuse containers on one-side of the street. Item II-D.3 CONSENT AGENDA ITEM # 25156 The City Manager referenced an Ordinance to transfer $170,000 of Capital Project funds to advance funding for the City Stormwater Management Study and to authorize the execution of the design contact with Camp, Dresser and McKee. (See Item II-J.6 of the Consent Agenda). The Staff advised it will take approximately eighteen (18) months to complete both phases of the Study. Item II-D.4 CONSENT AGENDA ITEM // 25157 Councilman Fentress refereced an Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Pacific Avenue and 22nd Street to Beach Recreation, Incorporated its assigns and successors in title. (See Item II-J.7 of the Consent Agenda). This item will be pulled for discussion. April 7. 1986 - 5 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.5 CONSENT AGENDA ITEM if 25158 Councilman Jennings referenced an Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Edwin Drive and Mount Trashmore to Trasbmore and Associates, its assigns and successors in title. (See Item II-J.9 of the CONSENT AGENDA. Councilman Jennings wished to be advised of the principals of Trashmore and Associates. Item II-D.6 CONSENT AGENDA ITEM a 25159 Councilwoman Oberndorf referenced an Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Ocean View Avenue to David L. Costinbader, his asigns and successors in title. (See Item II-J.10 of the Consent Agenda). Councilwoman Oberndorf inquired as to whether the staff had performed an over-all study of how public access can be protected. This item will be pulled for response by staff. April 7, 1986 - 6 - Item II-F.1 MINUTES ITEM 11 25160 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED the MINUTES of March 24, 1986. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 7 - Item II-F.2. MINUTES MINUTES 0 25161 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED the MINUTES of the RECONVENED SESSION of April 1, 1986. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Reba S. McClanan Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - g _ Item II-G.1 PROCLAMATION ITEM 0 25162 Mayor Heischober PROCLAIMED the week of April 6 - 12, 1986 as: NATIONAL LIBRARY WEER Mrs. Betty Barco, Chairman of the Virginia Beach Public Library Board, ACCEPTED this PROCLAMATION. This PROCLAMATION recognized the library as a training ground for life, as a primary resource for education, information and recreation. April 7, 1986 - 9 - 9pt OUR 0,00 Frnrtarnatit WHEREAS, Americans have enjoyed a tradition of success and achievement; and WHEREAS, the history of public leaders and other achievers documents the ways libraries have influenced their lives; and WHEREAS, libraries can help us all achieve that winning spirit; and WHEREAS, our Virginia Beach libraries are celebrating National Library Week with the theme "Get a Head Start at the Library"; and WHEREAS, that theme encourages people to make the library a training ground for life, as a primary resource for education, information, and recreation. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, to hereby proclaim April 6 - 12, 1986 as NATIONAL LIBRARY WEEK in Virginia Beach and urge all citizens to get a head start at the library this week and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach to be affixed this seventh day of April, nineteen hundred and eighty-six. 7) /7/• Harold Heisch er Mayor April 7, 1986 - 10- Item 0-Item II-G.2. PRESENTATION ITEM I/ 25163 The Mayor introduced Bert Slocombe of the Peace Mission of the Diocese of Southern Virginia accompanied by Natalia Chirnyck and Andre Ribrin. Mrs. Chirnyck is a Translator of the Headquarters of the Russian Orthodox Church in Moscow. Mr. Ribrin is a seminarian at the Russian Orthodox Church. Mrs. Chirnyck and Mr. Ribrin are participants in the BRIDGES OF PEACE PROGRAM. Mayor Heischober presented them with tokens of the City's appreciation, replicas of the CITY SEAL. April 7, 1986 - 11 - Item II-H.1 PLANNING ITEM JI 25164 Jack J. Osmond, the applicant, requested WITHDRAWAL. The City Clerk referenced a letter dated April 2, 1986, from the applicant requesting WITHDRAWAL. Said letter is hereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ALLOWED WIT7D]RAWAL of an Ordinance upon application of MARC-LYNN ASSOCIATES for the discontinuance, closure and abandonment of a portion of an unnamed street. Application of Marc-Lynn Associates for the discontinuance, closure and abandonment of a portion of an unnamed street beginning on the east side of South Birdneck Road, 320 feet more or less south of Hughes Avenue and running in an easterly direction a distance of 475 feet more or less. Said parcel is variable in width from 40.24 feet to 53.51 feet and contains 21,617.8 square feet. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyers E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 12 - Item II-11.2 PLANNING ITEM 11 25165 Robert Sutherland, General Partner, represented the applicant, and advised an AGREEMENT with the Civic League had been initiated. Alfonso J. Strazzullo, Sand Pine Road President, spoke in favor of said application with addition of conditions requested by the Sand Pine residents. Statement of Conditions are hereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council DEFERRED APPROVAL for 180 days COMPLIANCE until the City Council Meeting of October 6, 1986, the petition of JADE STREET ASSOCIATES for the street closure of portions of Jade Street and Cape Henry Drive. Application of Jade Street Associates for the discontinuance, closure and abandonment of portions of Jade Street and Cape Henry Drive as follows: Jade Street: Beginning at the northern boundary of Cape Henry Drive and running in a northerly direction a distance of� 168.52 feet along the eastern boundary. Cape Henry Drive: Beginning at the southern boundary of Jade Street and running in a southerly direction a distance of 25 feet. Said parcels are 60 feet in width and contain 11,415.6 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels and to insure that all lots have access to a public street. 2. *The eastern 14.5 feet of Jade Street shall not be closed but left as a public right-of-way for pedestrian and periodic vehicular access. 3. The public right-of-way shall be improved with a 2.5-foot wide landscaped (Category III) along and within the eastern boundary. 4. The western boundry, immediately adjacent to the public right-of-way shall be landscaped using the Citv's Category III standard. 5. Any drainage ditch required by the City, shall be a Dry Retention system type. 6. There shall be no encroachments of any kind into the area remaining open. 7. Closure of this right-of-way shall be contingent with the above stated conditions within 180 days of the approval by City Council. *The Planning Commission's recommendation for a 20-foot ingress and egress easement vs the applicant's proposed amended condition of 14.5 feet shall be determined at site plan review. April 7. 1986 - 13 - Item II-H.2 PLANNING ITEM U 25165 (Continued) Voting: 6-3 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , Robert G. Jones and J. Henry McCoy, Jr. , D.D.S. Council Members Voting Nay: Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 • -13a - ORDINANCE NO. AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING PORTIONS OF JADE STREET AND CAPE HENRY DRIVE LOCATED IN LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that JADE STREET ASSOCIATES, a Virginia corporation, would make application to the City Council of the City of Virginia Beach, Virginia to have the hereinafter described portions of those certain streets known as Jade Street and Cape Henry Drive closed, vacated, and discontinued was duly advertised; and WHEREAS, the Petitioner , as owning the underlying fee to said street which is affected by its closure, has requested that said streets be closed; and WHEREAS, application was made to the City Planning I Commission and to the City Council, and, pursuant to the statues in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconveniences to the public or to the private individuals would result from such closing, vacating and discontinuance; and WHEREAS, it is the judgment of the Council that the said ti street should be closed, vacated and discontinued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That those portions of streets known as Jade Street and Cape Henry Drive described below, located in the Lynnhaven Borough in the City of Virginia Beach, Virginia, are WCAROElLOONNELLYBENSONIWAERPC1- ATTORNEYS ATLAVO hereby closed, vacated, and discontinued, said streets not being needed for public use: All of that certain piece or parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and between Block 7 and Block 8 as shown on the Plat of Lynnhaven Shores duly recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, Page 167, and being portions of Cape Henry Drive (formerly known as Holly Avenue) and Jade Street (formerly known as 10th Street) , as shown on said plat, and being more particularly bounded and described as follows, to-wit: Beginning at a point in the northeast corner of Lot 14, in Block 7, on the above-described plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street (formerly 10th Street) as shown on said plat of Lynnhaven Shores, thence running across said Jade Street N 73°27' 32" E for a distance of 60 feet to a point in the east right of way line of Jade Street in the west boundary line of Lot 12, in Block 8, as shown on the said plat of Lynnhaven Shores; thence running in a southerly direction along a line whose radius is 1383. 75 feet, and which line is the east right of way line of said Jade Street and the west boundary line of Lots 12, 13, 14 and 15, in Block 8, as shown on the said plat of Lynnhaven Shores, for a distance of 168 .52 feet to a point in the southwest corner of Lot 15, in Block 8 , as shown on the said plat of Lynnhaven Shores; thence running in a southerly direction along a course S 10°19' E and along the west boundary line of the property conveyed to Frank E. Weller by deed of Windsor Investors, Ltd. , a Virginia corporation, dated October 8, 1984, duly recorded in the aforesaid Clerk' s Office in Deed Book 2386, Page 708, for a distance of 25. 00 feet to a point in the north right of way line of the said old Norfolk and Southern Railroad right of way; thence running in a 2_ westerly direction along the north right of way line of the said old Norfolk and Southern Railroad right of way S 79°41' 00" W for a distance of 60 . 00 feet to aPo oint located in the north right of way line of the said old Norfolk and Southern Railroad right of way; thence running in a northerly direction along the east boundary line of the property conveyed to Runnington Holding Corporation, a Virginia corporation, by deed of Windsor Investors, Ltd. , a Virginia corporation, dated December 3, 1984 , duly recorded in the aforesaid Clerk' s Office in Deed Book 2385, Page 695, N 10°19 ' W for a distance of 25 feet to a point in the southeast corner of Lot 16, in Block 7 , as shown on the said plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street; thence running in a northerly direction along a line whose radius is 1323. 75 feet, and which line is the west right of way line of said Jade Street and the east boundary line of Lots 16, 15 and 14, in Block 7, as shown on the said plat of Lynnhaven Shores, for a distance of 162 . 00 feet to a point in the northeast corner of Lot 14, in Block 7, as shown on the said plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street, as shown on the said plat of Lynnhaven Shores, the point and place of beginning. The above-described property is located in the Lynnhaven Borough of the City of Virginia Beach, Virginia. Section 2. A copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Section 3. That this Ordinance shall be effective M° 3- CERTIFICATE OF VESTING OF TITLE I, David A. Miller , Jr. , attorney for JADE STREET ASSOCIATES, a Virginia corporation, do hereby certify that: 1. I am an attorney at law and represent JADE STREET ASSOCIATES, a Virginia corporation, the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in JADE STREET ASSOCIATES, a Virginia corporation, the holder of the underlying fee in said property. 3. The said property referred to herein is hereby described as follows: All of that certain piece or parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and between Block 7 and Block 8 as shown on the Plat of Lynnhaven Shores duly recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, Page 167 , and being portions of Cape Henry Drive (formerly known as Holly Avenue) and Jade Street (formerly known as 10th Street) , as shown on said plat, and being more particularly bounded and described as follows, to-wit: Beginning at a point in the northeast corner of Lot 14, in Block 7 , on the above-described plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street (formerly 10th Street) as shown on said plat of Lynnhaven Shores, thence running across said Jade Street N 73°27' 32" E for a distance of 60 feet to a point in the east right of way line of Jade Street in the west boundary line of Lot 12 , in Block 8, as -1- AnAw 11 shown on the said plat of Lynnhaven Shores; thence running in a southerly direction along a line whose radius is 1383.75 feet, and which line is the east right of way line of said Jade Street and the west boundary line of Lots 12, 13, 14 and 15, in Block 8 , as shown on the said plat of Lynnhaven Shores, for a distance of 168. 52 feet to a point in the southwest corner of Lot 15, in Block 8 , as shown on the said plat of Lynnhaven Shores; thence running in a southerly direction along a course S 10°19' E and along the west boundary line of the property conveyed to Frank E. Weller by deed of Windsor Investors, Ltd. , a Virginia corporation, dated October 8, 1984, duly recorded in the aforesaid Clerk' s Office in Deed Book 2386, Page 708 , for a distance of 25. 00 feet to a point in the north right of way line of the said old Norfolk and Southern Railroad right of way; thence running in a westerly direction along the north right of way line of the said old Norfolk and Southern Railroad right of way S 79°41' 00" W for a distance of 60. 00 feet to a point located in the north right of way line of the said old Norfolk and Southern Railroad right of way; thence running in a northerly direction along the east boundary line of the property conveyed to Runnington Holding Corporation, a '.. Virginia corporation, by deed of Windsor Investors, Ltd. , a Virginia corporation, dated December 3, 1984 , duly recorded in the aforesaid Clerk ' s Office in Deed Book 2385, Page 695, N 10°19 ' W for a distance of 25 feet to a point in the southeast corner of Lot 16, in Block 7, as shown on the said plat of Lynnhaven Shores, where the same intersects the west right of way line of said Jade Street; thence running in a northerly direction along a line whose radius is 1323. 75 feet, and which line is the west right of way line of said Jade Street and the east boundary line of Lots 16, 15 and 14, in Block 7, as shown on the said plat of Lynnhaven Shores, for a distance of 162. 00 feet to a point in the northeast corner of Lot 14, in Block 7, as shown on the said plat of Lynnhaven Shores, where the same intersects the west right of way line of said OENSONSPAILLERPCMIORNEY5 AILAW _2 ` Jade Street, as shown on the said plat of Lynnhaven Shores, the point and place of beginning. The above-described property is located in the Lynnhaven Borough of the City of Virginia Beac , Virginia. £n_ _ DAVID A. MILLER, JR. Attorney for JADE STREET ASSOCIATES, a Virginia corporation STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing document was acknowledged before me this i� 014- day of (1(7 €(/(.- , 1985, by DAVID A. MILLER, JR. , as ISI attorney for JADE STREET ASSOCIATES, a Virginia corporation, on ' its behalf. 411 Ada. e Notary Public IIS My commission expires: BENSON PAUL P L AT LAW - 14 - Item II41.3 PLANNING ITEM II 25166 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council AUTHORIZED EXTENSION OF TIME FOR COMPLIANCE until the City Council Meeting of June 9, 1986, an Ordinance for the discontinuance, closure and abandonment of a portion of Knotts Island Road in the petition of Russell Simpson. Application of Russell E. Simpson, Jr. , for the discontinuance, closure and abandonment of a portion of Knotts Island Road beginning at a portion of 3950 feet more or less north of the Virginia State Line and running in a northerly direction a distance of 1362.34 feet. Said parcel contains 40,772 square feet more or less. PUNGO BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Louis R. Jones April 7, 1986 - 15 - Item II-H.4 25167 PLANNING ITEM II Ben Simon, of Palms Associates, represented the applicant and requested DEFERRAL, as problems have arisen in the plat review process. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED for two weeks until the City Council Meeting of April 21, 1986, FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portion of Sandra Lane in the petiton of S & C COMPANY: Application of S & C, a Virginia General partnership, for the discontinuance, closure and abandonment of a portion of Sandra Lane beginning at the southern boundary of Indian River Road and running in a southerly direction a distance of 265 feet to the northern boundary of Mineola Drive. Said parcel is 50 feet in width and contains 13,250 square feet. KEMPSVILLE BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Louis R. Jones April 7, 1986 - 16 - Item II-H.5 PLANNING ITEM # 25168 Attorney Donald Bennis represented the applicant and requested WITHDRAWAL as same is in the ATLANTIC PARK COMMUNITY DEVELOPMENT TARGET AREA. LCDR Petrie, NAS Oceana, registered but had no OPPOSITION to the WITHDRAWAL. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ALLOWED WITHDRAWAL an Ordinance upon application of THOMAS F. 0WENS, SR. for a Change of Zoning: ORDINANCE UPON APPLICATION OF THOMAS F. OWENS, SR. , FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO A-4 Ordinance upon application of Thomas F. Owens, Sr. , for a Change of Zoning District Classification from A-1 Apartment District to A-4 Apartment District on the east and west sides of Realty Avenue, 420 feet south of Old Virginia Beach Road on Parcels E, J, K, L and M, Block Oceana Gardens. Said parcels contain 1.776 acres. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 17 - Item II-11.6 PLANNING ITEM fi 25169 The City Clerk referenced a letter of March 31, 1986, from the applicants, Joseph E. and Susan C. Thain, requesting WITHDRAWAL. Said letter is hereby made a part of the record. Attorney Robert Cromwell requested WITHDRAWAL on behalf of the applicant. Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of Joseph E. and Susan C. Thain for a Change of Zoning: ORDINANCE UPON APPLICATION OF JOSEPH E. AND SUSAN C. THAIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO B-4 Ordinance upon application of Joseph E. and Susan C. Thain for a Change of Zoning District Classification from R-7 Residential District to B-4 Resort-Commercial District on Lots 9, 10 and 11, Block 18, Shadowlawn. Said parcels are located at 312 Winston Salem Avenue and contain 13,931 square feet. VIRGINIA BEACH BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 18 - Item II-H.7. PLANNING ITEM II 25170 Attorney Michael Wood represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council REFERRED BACK TO 171E PLANNING COMMISSION to be EXPEDITED to City Council for re-evaluation of A-4 and to define the Memorandum of April 6, 1986, of Robert J. Scott, Director of Planning, concerning the PEMBROKE AREA of an Ordinance upon application of COLCON DEVELOPMENT COMPANY for a Change of Zoning: ORDINANCE UPON APPLICATION OF COLCON DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-3 TO B-4 Ordinance upon application of Colcon Development Company for a Change of Zoning District Classification from B-3 Central-Business District to B-4 Resort-Commercial District on certain property located on the south side of Southern Bouelvard beginning at a point 450 feet east of Constitution Drive on Lots 74078, A.C. Jarvis Land. Said parcel contains 10.0349 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Memorandum of Robert J. Scott, Director of Planning, is hereby made a part of the record. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 19 - Item II-H.8 PLANNING ITEM II 25171 Gerry Porterfield, of Talbot and Associates, represented the applicant Laura White, resident of Streamline Drive, presented a petition in support of said application containing twenty-two (22) signatures and a petition in opposition to the proposed rezoning containing only six (6) signatures. Said petitions are hereby made a part of the record. LCDR Petire, NAS Ocean, referenced this parcel lies in the AICUZ Noize Zone Three. The City Clerk referenced letter from Captain L. F. North, NAS Oceans, dated February 7, 1986, advising said application lies within the AICUZ Noise Zone Three. Said letter is hereby made a part of the record. Upon motion by Vice Mayor McClanan, seconded by Councilwoman Henley, City Council DENIED an Ordinance upon application of ELSI-WAN for a Change of Zoning: ORDINANCE UPON APPLICATION OF ELSI-WAN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO R-8 Ordinance upon application of Elsi-Wan for a Change of Zoning District Classification from R-6 Residential District to R-8 Residential District on certain property located on the west side of Riddle Avenue beginning at a point 115 feet south of Airstation Drive. Said parcel contains 2.86 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 20 - Item II-H.9 PLANNING ITEM 4 25172 Attorney Robert Cromwell represented the applicant LCDR Petrie, NAS Oceana, spoke in OPPOSITION and advised this parcel lies within the Naval Air Station Oceana Air Installations Compatible Use Zones (AICUZ) Noise Zone Three. A MOTION was made by Councilman Jennings, seconded by Councilman Fentress, to ADOPT an Ordinance upon application of PERKINS BUILDING CORPORATION for a Change of Zoning from A-1 Apartment District to A-2 Apartment District on certain property located on the south side of Old Virginia Beach Road, 587 feet west of South Birdneck Road, containing 1.31 acres. (LYNNHAVEN BOROUGH). Voting: 5-4 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. and J. Henry McCoy, Jr. , D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberdorf Council Members Absent: Nancy A. Creech and Louis R. Jones This MOTION was lost as the City Code requires the affirmative vote must represent a majority of the Eleven City Council Members not a majority of those present. April 7. 1986 - 21 - Item II-H.9 PLANNING ITEM fi 25172 (Continued) Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council DEFERRED until the City Council Meeting of April 14, 1986, an Ordinance upon application of PERKINS BUILDING CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF PERKINS BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO A-2 Ordinance upon application of Perkins Building Corporation for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District certain property located on the south side of Old Virginia Beach Road, 587 feet west of South Birdneck Road. Said parcel contains 1.31 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones and Robert G. Jones The City Staff will advise City Council of the status concerning the proposed amendment to the City Code relating to the Majority of Council present vs the Majority of Eleven being the prevailing opinion regarding Conditional Use Permits and Changes of Zoning. April 7. 1986 - 22 - Item II-H.10 PLANNING ITEM 4 25173 Attorney R. J. Nutter represented the applicant and advised the three principals of said Corporation were Ray Breeden, Herbert L. Kramer and Sons, and Benjamin Levy. Mr. Nutter requested a 60-Day DEFERRAL of said application. Opposition: Josephine A. Ryan, President of the Princess Anne Plaza Civic League, presented a petition to City Council containing 650 signatures. (Said petition is hereby made a part of the record) Tom Womack, resident of Pritchard Road. Mary Forrer, resident of Pritchard Road Lee Williams, President of the Doyle Way Civic League Steve S. Dudley, resident of Clyne Lane Upon motion by Vice Mayor Reba S. McClanan, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of REID FARM ASSOCIATES for a Change of Zoning: ORDINANCE UPON APPLICATION OF REID FARM ASSOCIATES FOR A CHANGE OF ZONING DISTJRICT CLASSFICATION FROM R-6 TO A-2 Ordinance upon application of Reid Farm Associates for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District on certain proeprty located at the southwest corner of Virginia Beach Toll Road and Pritchard Road. Said parcel contains 28.774 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 23 - Item II-H.11 PLANNING ITEM II 25174 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: ORDINANCE TO AMEND AND REORDAIN SECTION 5 OF THE SITE PLAN ORDINANCE BY ADDING THERETO SECTION 5.16 PERTAINING TO UNDERGROUND UTILITIES Councilman Jennings referenced an amendement to said Ordinance: Paragraph 3, Section 5.16. , line five; After the words "shall be placed below the surface of the ground", the following verbage shall be inserted: . .without destroying existing trees in excess of 6" in diameter." Vice Mayor McClanan requested City Staff investigate conformity of utility poles. Councilwoman Oberndorf requested staff investigate the possible tree replacement by the contractor after their services are completed. City Council requested the Planning Director review Council's concerns with developers and Virginia Power representatives and return same to City Council within thirty days. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 23a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 5 OF THE SITE PLAN ORDINANCE BY ADDING THERETO SECTION 5.16 PERTAINING TO UNDERGROUND UTILITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5 of the Site Plan Ordinance of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding Section 5 . 16 to read as follows: Section 5. 16 . Underground Utilities. Except as provided below, transmissions, distribution, and customer service utility facilities carrying or used in connection with electric power, street lights, telephone , telegraph, cable television, petroleum, gas or steam, shall be placed below the surface of the ground . Exceptions are as follows: (a) Equipment such as electric distribution transformers, switchgear, meter pedestals, telephone pedestals, meters, service connections and the like normally installed above ground in accordance with the accepted utility practices for underground distribution. (b) Temporary overhead facilities required for construction purposes. ( c) High tension transmission lines. 50 ,000 volts or more. All installations shall be in accord with applicable codes and the specifications of the Department of Public Works as approved by the Council of the City of Virginiu Beach, and shall be in accordance with charges as approved by the State Corporation Commission. Adopted by the Council of the City of Virginia Beach , Virginia, on the 7th day of April _, 1985 . �r� AS Mri�We�� l ti G 0/30/b 10/30/85 = (0RD.G) APP,ROV[D AS 111 yI - 24 - Item II-I.1 RESOLUTIONS/ORDINANCE ITEM II 25175 Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City Council ADOPTED: Resolution authorizing the City Manager to enter into a contract with Peat, Marwick & Mitchell for an annual independent audit of the City of Virginia Beach. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7. 1986 - 24a - A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR AN INDEPENDENT AUDIT OF THE CITY OF VIRGINIA BEACH WHEREAS, an auditor selection committee prepared and distributed request for proposals to various CPA firms for an independent audit of the financial statements of the City of Virginia Beach for the fiscal years ending June 30, 1986, 1987, and 1988 and WHEREAS , proposals were received from four CPA firms and reviewed by the auditor selection committee, and WHEREAS , the auditor selection committee has recommended Peat, Marwick & Mitchell as the CPA firm having the highest rating for qualifications and costs, and WHEREAS, appropriations have been provided for the independent audit cost for the fiscal year ending June 30, 1986 in the FY 1986 Operating Budget. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby authorized to enter into a one year contract with Peat, Marwick & Mitchell to perform an independent annual audit of the City of Virginia Beach for the fiscal year ending June 30 , 1986 for a total cost of $49 , 500 . Unless cancelled by either party, the contract will automatically renew for a second ( $52,000) and third ($54,000) year. Furthermore, the contract may be extended for additional years , not to exceed three one year periods, provided it is mutually agreeable and a reasonable cost can be negotiated. Adopted by the Council of the City of Virginia Beach on the 7th day of April , 1986 . APPROVED AS TO CONTENTS t.,!":_.,_.•.;'- I C L:10AL 5 :f al . :1Y .' OrM ri _/HZ�VI TY Ane=r1FApril 7, 1986 - 25 - Item II-I.2 RESOLUTIONS/ORDINANCE ITEM 0 25176 Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council ADOPTED: *Resolution authorizing the issuance and sale of $37,700,000 General Obligation Public Improvement Bonds, Series of 1986, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof. AND, Resolution authorizing the issuance and sale of $6,080,000 General Obligation Water and Sewer Bonds, Series of 1986, of the City of Virginia Beach, Virginia, heretofore authorized, and providing for the form, details and payment thereof. *The City Clerk referenced the letter of April 4, 1986, from Harry Frazier, III, Bunton & Williams, concerning a technical error in describing the redemption dates in the Resolution authorizing the $37,700,000 Public Improvement Bonds. The February 1 redemption date appearing at the bottom of page 4 and the top of page 5 (a total of three times) should read May 1. Said letter is hereby made a part of the proceedings. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 — 25a — HUNTON & WILLIAMS 707 EAST MAIN STREET P.O. BOX 1535 100 65125 AVENUE 2000 N w RIcHHOND, VINOINIA 23212 p o 8171923o PmONE 212 309 r000 2"" N SIS 00 TELEPHONE 804-788•8200 1•e24 424549 NUNT`^ 8R ER TELEX 6844251 ONE eE e 002 38129 kac'.°9 RALPG6 NORTH CAR06,15 27602 NOPHDEN VIRGINIA 2389 TE,EeNONE Ok9 609 3000 TE6EPNONE 804 825 550, ,EE EX.88.88 April 4, 1986 [65T TENNESSEE IEoI6E 8848 788874888 818 .E�EaNONE ,0, ,,=2200 "EE No 22764 . 110 o,RLcT o.E ,o 604 '58 8432 J. Dale Bimson, Esquire City Attorney City of Virginia Beach Municipal Center Virginia Beach, VA 23456-9002 City of Virginia Beach, Virginia - $37 , 700 , 000 General Obligation Public Improvement Bonds , Series of 1986 and $6, 080 , 000 General Obligation Water and Sewer Bonds , Series of 1986 Dear Dale: We made a technical error in describing the redemption dates in the resolution authorizing the $37 , 700 , 000 public improvement bonds which is to be adopted on Monday. More specifically, the February 1 redemption date appearing at the bottom of page 4 and the top of page 5 (a total of three times) should read May 1 . I see no reason in reproducing the entire resolution and instead enclose revised pages 4 and 5 to reflect the correction. I am sending revised pages to the City Clerk for her records . I know she will see that the substitution is made in the official records . Please let me know if you have any questions. Very truly yours , HaziyFrazier, III , w^` 21/701 .� RECEIVES Enclosures '9 APR 7 - 1986 cc : Mrs . Ruth Hodges Smith City Clerk's Office City ofVa.Beach - 25b - 37, 7cd, tun (.ti),L,cu. -6)1/41yht iif /-31 “/Ji c Ltt' tir I(1 2c)yD c1 (-1( ch A nti c/ a 17)K_L Year Amount Year Amount 1987 $1, 000, 000 1997 $1 , 795, 000 1988 1, 145, 000 1996 1 , 910, 000 1989 1, 150, 000 1999 2 , 035 , 000 1990 1, 205, 000 2000 2 , 165 , 000 1991 1, 270, 000 2001 2, 310, 000 1992 1, 340, 000 2002 2, 470, 000 1993 1 , 420, 000 2003 2 , 640, 000 1994 1, 500, 000 2004 2 , 820, 000 1995 1, 590, 000 2005 3 , 015, 000 1996 1, 690, 000 2006 3 , 230, 000 Each bond shall bear interest at such rate or rates as shall be determined at the time of sale, payable semiannually on May 1 and November 1, beginning November 1, 1986, (a) from May 1, 1986, if it is authenticated prior to November 1, 1986, or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case such bond shall bear interest from the date to which interest has been paid) . Principal shall be payable to the registered owners upon surrender of bonds as they become due at the corporate trust office of Citibank, N.A. , New York, New York (the Regis- trar) . Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar. Principal and inter- est shall be payable in lawful money of the United States of America. 3 . Bonds maturing on or before May 1, 1996, are not subject to redemption prior to maturity. Bonds maturing on or - 25c - -5 . after May 1, 1997, are subject to redemption prior to maturity at the option of the City on or after May 1, 1996, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest ac- crued and unpaid to the redemption date: Period During Which Redeemed Redemption (both dates inclusive) Price May 1, 1996 to April 30, 1997 102 May 1, 1997 to April 30, 1998 101 1/2 May 1, 1998 to April 30, 1999 101 May 1, 1999 to April 30, 2000 100 1/2 May 1, 2000 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City' s chief fi- nancial officer in such manner as he may determine to be in the best interest of the City, each portion of $5, 000 principal amount being counted as one bond for such purpose. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by regis- tered or certified mail to the registered owners thereof not less than 30 nor more than 60 days prior to the redemption date . If a portion of a bond is called for redemption, a new bond in principal amount equal to the unredeemed portion there- of shall be issued to the registered owner upon the surrender thereof. - 25d - 4/01/86 At a regular meeting of the Council of the City of Vir- ginia Beach, Virginia, held on the 7th day of April , 1986, at which the following members were present and absent : PRESENT: John A. Baum Robert E. Fentress Mayor Harold Heischober Barbara M. Henley H. Jack Jennings, Jr. Robert G. Jones Vice Mayor Reba S. McClanan Meyera E. Oberndorf J. Henry McCoy, Jr. , D.D.S. ABSENT: Nancy A. Creech Louis R. Jones the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Council , the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE John A. Baum Aye Robert E. Fentress Aye Mayor Harold Heischober Aye Barbara M. Henley Aye H. Jack Jennings, Jr. Aye Robert G. Jones Aye Vice Mayor Reba S. McClanan Aye J. Henry McCoy, Jr. , D.D.S. Aye Meyera E. Oberndorf Aye RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $37 , 700 , 000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1986, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF -2- WHEREAS, the issuance of $13 , 300 , 000 bonds of the City of Virginia Beach, Virginia ( the City) , was authorized by an ordinance adopted by the Council on August 27, 1985 , and ap- proved by the qualified voters of the City at an election held on November 5, 1985 , to continue the development of the City' s school system, none of which bonds have been issued and sold; and WHEREAS, the issuance of $24 , 400 , 000 bonds of the City was authorized by an ordinance adopted by the Council on December 9, 1985 , without being submitted to the voters , for the purposes and in the amounts shown below, none of which bonds have been issued and sold: Purpose Amount School projects , including planning, site acquisition and improvement , construction and equipping of schools and related facilities 9, 323 , 699 Engineering and highway projects , including land acquisition, construction , improvement , replacement , expansion and extension of streets, bridges , highways , bikeways, beachfront and boardwalk, and beachfront underwater obstruction removal 4 , 607 , 574 Drainage projects , including dredging Eastern Branch of Lynnhaven River and expansion of Canal #2 , and studies , design, construction and installation of drainage systems, culverts , pump station outfall and related facilities 2 , 390 , 799 -3- Building projects , including construction, equipping and furnishing Central Library, enlargement of Bureau of Animal Control facility and landfill expansion 5, 932 , 641 Parks and recreation projects , including planning, land acquisition and improvement , construction, enlargement and development of new parks , bikeways, community centers and golf course 2 , 145, 287 TOTAL $24 , 400, 000; and WHEREAS it has been recommended to the Council that the $13, 300 ,000 bonds for schools be combined with the $24 ,400,000 bonds for various purposes into a single issue of public im- provement bonds; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 . There are hereby authorized to be issued and sold as a single issue of $37 , 700, 000 public improvement bonds the $13, 300,000 bonds for schools and the $24 , 400 , 000 bonds for various purposes as described above. 2 . The bonds shall be designated "General Obligation Public Improvement Bonds, Series of 1986 , " shall be dated May 1 , 1986, shall be in fully registered form, in denomina- tions of $5, 000 and multiples thereof , and shall be numbered R-1 upward. The bonds shall mature in annual installments on May 1 in years and amounts as follows : -4- Year Amount Year Amount 1987 $1 , 000 , 000 1997 $1 , 795 , 000 1988 1 , 145 , 000 1996 1 , 910 , 000 1989 1 , 150, 000 1999 2 , 035 , 000 1990 1 , 205, 000 2000 2 , 165 , 000 1991 1 , 270 , 000 2001 2 , 310 , 000 1992 1 , 340 , 000 2002 2 , 470 , 000 1993 1 , 420 , 000 2003 2 , 640 , 000 1994 1 , 500 , 000 2004 2 , 820 , 000 1995 1 , 590 , 000 2005 3 , 015, 000 1996 1 , 690, 000 2006 3 , 230, 000 Each bond shall bear interest at such rate or rates as shall be determined at the time of sale, payable semiannually on May 1 and November 1 , beginning November 1 , 1986, ( a) from May 1 , 1986, if it is authenticated prior to November 1 , 1986 , or (b) otherwise from the May 1 or November 1 that is , or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default , in which case such bond shall bear interest from the date to which interest has been paid) . Principal shall be payable to the registered owners upon surrender of bonds as they become due at the corporate trust office of Citibank, N.A. , New York, New York ( the Regis- trar) . Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar . Principal and inter- est shall be payable in lawful money of the United States of America. 3 . Bonds maturing on or before February 1 , 1996 , are not subject to redemption prior to maturity. Bonds maturing on -5- or after February 1 , 1997 , are subject to redemption prior to maturity at the option of the City on or after February 1 , 1996, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption (both dates inclusive) Price May 1 , 1996 to April 30, 1997 102 May 1 , 1997 to April 30, 1998 101 1/2 May 1, 1998 to April 30 , 1999 101 May 1 , 1999 to April 30 , 2000 100 1/2 May 1 , 2000 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City' s chief fi- nancial officer in such manner as he may determine to be in the best interest of the City, each portion of $5,000 principal amount being counted as one bond for such purpose. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by regis- tered or certified mail to the registered owners thereof not less than 30 nor more than 60 days prior to the redemption date. If a portion of a bond is called for redemption, a new bond in principal amount equal to the unredeemed portion there- of shall be issued to the registered owner upon the surrender thereof . -6- 4 . The bonds shall be signed by the facsimile signa- ture of the Mayor, shall be countersigned by the facsimile sig- nature of the Clerk, and a facsimile of the City' s seal shall be printed thereon. No bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 5 . The bonds shall be in substantially the following form: REGISTERED REGISTERED No. R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Bond, Series of 1986 INTEREST RATE MATURITY DATE DATED DATE CUSIP $ May 1 , May 1 , 1986 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia ( the City) , for value received, hereby promises to pay, upon surrender hereof -7- at the corporate trust office of Citibank, N.A. , New York, New York ( the Registrar) , to the registered owner hereof , or regis- tered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior re- demption as hereinafter provided, and to pay interest hereon semiannually on each May 1 and November 1 , beginning on November 1 , 1986, at the annual rate stated above. Interest is payable (a) from May 1 , 1986 , if this bond is authenticated prior to November 1 , 1986 , or (b) otherwise from the May 1 or November 1 that is, or immediately precedes , the date on which this bond is authenticated (unless payment of interest hereon is in default , in which case this bond shall bear interest from the date to which interest has been paid) . Interest is payable by check or draft mailed to the person shown as owner hereof at his address as it appears on the registration books kept by the Registrar on the 15th day of the month preceding each interest payment date. Principal and interest are payable in lawful money of the United States of America. THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE RE- VERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL PUR- POSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF. All acts, conditions and things required by the Consti- tution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this -8- bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Com- monwealth of Virginia. This bond shall not be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach, Vir- ginia, has caused this bond to be signed by the facsimile sig- nature of its Mayor, to be countersigned by the facsimile sig- nature of its Clerk, a facsimile of its seal to be printed hereon, and this bond to be dated May 1 , 1986. COUNTERSIGNED: (SEAL) Clerk Mayor Date Authenticated: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within- mentioned resolution. -9- CITIBANK, N.A. , Registrar By Authorized Signature (Reverse of Bond) ADDITIONAL BOND PROVISIONS This bond is one of an issue of $37 , 700 , 000 General Ob- ligation Public Improvement Bonds , Series of 1986 , of like date and tenor, except as to number , denomination, rate of interest , privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia , including the City Charter and the Public Finance Act . Of such amount $13 , 300 , 000 was authorized by an ordinance adopted by the Council on August 30, 1985 , and approved at an election held on November 5 , 1985 , for schools and $24 , 400 , 000 was au- thorized by an ordinance adopted by the Council on December 9 , 1985, without being submitted to the voters , to finance various public improvements. Bonds maturing on or before May 1 , 1996, are not sub- ject to redemption prior to maturity. Bonds maturing on or after May 1 , 1997 , are subject to redemption prior to maturity at the option of the City on or after May 1 , 1996 , in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage -10- of principal amount of bonds to be redeemed) plus interest ac- crued and unpaid to the redemption date: Period During Which Redeemed Redemption (both dates inclusive) Price May 1 , 1996 to April 30 , 1997 102 % May 1 , 1997 to April 30 , 1998 101 1/2 May 1 , 1998 to April 30 , 1999 101 May 1 , 1999 to April 30 , 2000 100 1/2 May 1 , 2000 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City' s chief fi- nancial officer in such manner as he may determine to be in the best interest of the City, each portion of $5, 000 principal amount being counted as one bond for such purpose. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by regis- tered or certified mail not less than 30 nor more than 60 days prior to the redemption date to the registered owner of each bond to be redeemed at his address as it appears on the regis- tration books kept by the Registrar. If a portion of this bond is called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to the regis- tered owner upon the surrender hereof . The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and inter- est on this bond. -11- The bonds are issuable as fully registered bonds in denominations of $5 , 000 and multiples thereof . Upon surrender of this bond at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new bond or bonds having an equal aggre- gate principal amount , in authorized denominations , of the same form and maturity, bearing interest at the same rate, and reg- istered in names as requested by the then registered owner hereof or his duly authorized attorney or legal representative, all subject to the limitations and conditions provided in the resolution authorizing the issuance of the bonds. Any such ex- change shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and inter- est and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the per- son shown as owner on the registration books on the 15th day of the month preceding each interest payment date. -12- ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell (s ) , as- sign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: • • • • the within bond and all rights thereunder , hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof , with full power of substitution in the premises . Dated: Signature Guaranteed NOTICE: Signature(s ) must be (Signature of Registered Owner) guaranteed by a member firm of the New York Stock Notice: The signature above Exchange or a commercial bank must correspond with the name or trust company. of the registered owner as it appears on the front of this bond in every particular , without alteration or enlarge- ment or any change whatsoever . 6. The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and inter- est on the bonds. Unless other funds are lawfully available and appropriated for timely payment of the bonds , the Council -13- shall levy and collect an annual ad valorem tax over and above all other taxes authorized or limited by law on all locally taxable property in the City sufficient to pay the principal of and interest on the bonds , as the same become due and payable . 7 . The Registrar shall maintain registration books for the registration of bonds . Upon surrender of any bonds at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar , the City shall execute and the Registrar shall authenticate and deliver in exchange, a new bond or bonds having an equal aggregate principal amount , in authorized denominations, of the same form and maturity, bearing interest at the same rate , and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with re- spect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and inter- est and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the -14- person shown as owner on the registration books on the 15th day of the month preceding each interest payment date. 8 . The City Manager, in collaboration with Government Finance Associates , Inc. , or Government Finance Research Cen- ter, the City' s financial advisors , is hereby authorized and directed to take all proper steps to advertise the bonds for sale substantially in accordance with the form of Notice of Sale attached hereto, provided that the City Manager, in col- laboration with Government Finance Associates, Inc. , or Govern- ment Finance Research Center, may make such changes in the No- tice of Sale not inconsistent with this resolution as he may consider to be in the best interest of the City. 9. The draft dated April 7 , 1986, of a Preliminary Of- ficial Statement describing the bonds and $6, 080 , 000 Water and Sewer Bonds , Series of 1986 , copies of which have been provided to members of the Council , is hereby approved as the form of Preliminary Official Statement by which the bonds will be of- fered for sale, with such completions , omissions, insertions and changes not inconsistent with this resolution as the City Manager, in collaboration with Government Finance Associates , Inc. , or Government Finance Research Center, may consider ap- propriate. The City Manager, in collaboration with Government Finance Associates, Inc . , or Government Finance Research Cen- ter, shall make such completions, omissions, insertions and -15- changes in the Preliminary Official Statement not inconsistent with this resolution as are necessary or desirable to complete it as a final Official Statement . The City Manager shall arrange for the delivery to the successful bidder on the bonds of up to 300 copies of the final Official Statement for deliv- ery to each person to whom such bidder and members of his bid- ding group initially sell the bonds . 10 . After bids have been received and the bonds have been awarded, the Mayor , the City Manager and the Clerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchasers thereof upon payment therefor . 11 . All other actions of officers of the City in con- formity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the bonds are hereby approved and confirmed. The officers of the City are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issu- ance, sale and delivery of the bonds . 12 . The City shall not take or omit to take any action the taking or omission of which will cause the bonds to be "ar- bitrage bonds" within the meaning of Section 103 (c) of the -16- Internal Revenue Code of 1954 , as amended, and regulations is- sued pursuant thereto. Such officers of the City as may be re- quested are hereby authorized and directed to execute an appro- priate certificate setting forth the expected use and investment of the proceeds of the bonds in order to show that such expected use and investment will not violate the provi- sions of Section 103 (c) and regulations issued pursuant thereto. Such certificate shall be in such form as may be re- quested by bond counsel for the City. 13 . The Clerk, in collaboration with the City Attorney, is hereby authorized and directed to see to the immediate fil- ing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach and within ten days there- after to cause to be published once in a newspaper having gen- eral circulation in the City a notice setting forth ( 1 ) in brief and general terms the purposes for which the bonds are to be issued and ( 2 ) the amount of such bonds and the amount for each purpose. 14. All resolutions or parts of resolutions in conflict herewith are hereby repealed. -17- 15. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held on the 7th day of April, 1986 , and of the whole thereof so far as applica- ble to the matters referred to in such extract . WITNESS my signature and the seal of the City of Vir- ginia Beach, Virginia, this day of April, 1986. (SEAL) Clerk, City of Virginia Beach, Virginia 4/01/86 At a regular meeting of the Council of the City of Vir- ginia Beach, Virginia, held on the 7th day of April, 1986, at which the following members were present and absent: PRESENT: John A. Baum Robert E. Fentress Mayor Harold Heischober Barbara M. Henley H. Jack Jennings, Jr. Robert G. Jones Vice Mayor Reba S. McClanan J. Henry McCoy, Jr. , D.D.S. Meyera E.Oberndorf ABSENT: Nancy A. Creech Louis R. Jones the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE John A. Baum Aye Robert E. Fentress Aye Mayor Harold Heischober Aye Barbara M. Henley Aye H. Jack Jennings, Jr. Aye Robert G. Jones Aye Vice Mayor Reba S. McClanan Aye J. Henry McCoy, Jr. , D.D.S. Aye Meyera E. Oberndorf Aye RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $6, 080, 000 GENERAL OBLIGATION WATER AND SEWER BONDS, SERIES OF 1986, OF THE CITY OF VIRGINIA BEACH, VIR- GINIA, HERETOFORE .AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF -2- WHEREAS, the issuance of $46, 000, 000 water and sewer bonds of the City of Virginia Beach, Virginia ( the City) , was authorized by an ordinance adopted by the Council on August 27 , 1980, and approved by the qualified voters of the City at an election held on November 4, 1980, to finance the cost of con- tinuing the City' s improvement program for its water and sewer system, of which bonds $39, 920, 000 have been issued and sold; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 . There are hereby authorized to be issued and sold the $6, 080, 000 unissued balance of such bonds. 2 . The bonds shall be designated "General Obligation Water and Sewer Bonds, Series of 1986, " shall be dated May 1, 1986, shall be in fully registered form, in denominations of $5, 000 and multiples thereof, and shall be numbered R-1 upward. The bonds shall mature in annual installments on May 1 in years and amounts as follows : Year Amount Year Amount 1987 $170, 000 1997 $290, 000 1988 175, 000 1998 310, 000 1989 185 , 000 1999 330, 000 1990 195 , 000 2000 350, 000 1991 205 , 000 2001 375, 000 1992 215, 000 2002 400, 000 1993 230, 000 2003 425, 000 1994 240, 000 2004 455 , 000 1995 255, 000 2005 485, 000 1996 270, 000 2006 520, 000 Each bond shall bear interest at such rate or rates as shall be -3- determined at the time of sale, payable semiannually on May 1 and November 1, beginning November 1, 1986, ( a) from May 1, 1986, if it is authenticated prior to November 1, 1986, or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case such bond shall bear interest from the date to which interest has been paid) . Principal shall be payable to the registered owners upon surrender of bonds as they become due at the corporate trust office of Citibank, N.A. , New York, New York ( the Regis- trar) . Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar. Principal and inter- est shall be payable in lawful money of the United States of America. 3 . Bonds maturing on or before February 1 , 1996, are not subject to redemption prior to maturity. Bonds maturing on or after February 1 , 1997, are subject to redemption prior to maturity at the option of the City on or after February 1, 1996, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: -4- Period During Which Redeemed Redemption (both dates inclusive)__ Price May 1, 1996 to April 30, 1997 102 May 1, 1997 to April 30, 1998 101 1/2 May 1, 1998 to April 30, 1999 101 May 1 , 1999 to April 30, 2000 100 1/2 May 1 , 2000 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City' s chief fi- nancial officer in such manner as he may determine to be in the best interest of the City, each portion of $5, 000 principal amount being counted as one bond for such purpose . The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by regis- tered or certified mail to the registered owners thereof not less than 30 nor more than 60 days prior to the redemption date . If a portion of a bond is called for redemption, a new bond in principal amount equal to the unredeemed portion there- of shall be issued to the registered owner upon the surrender thereof. 4. The bonds shall be signed by the facsimile signa- ture of the Mayor, shall be countersigned by the facsimile sig- nature of the Clerk, and a facsimile of the City' s seal shall be printed thereon. No bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. -5- 5 . The bonds shall be in substantially the following form: REGISTERED REGISTERED No . R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Water and Sewer Bond, Series of 1986 INTEREST RATE MATURITY DATE DATED DATE CUSIP May 1 , May 1 , 1986 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia ( the City) , for value received, hereby promises to pay, upon surrender hereof at the corporate trust office of Citibank, N. A. , New York, New York (the Registrar) , to the registered owner hereof, or regis- tered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior re- demption as hereinafter provided, and to pay interest hereon semiannually on each May 1 and November 1 , beginning November 1, 1986, at the annual rate stated above. Interest is -6- payable ( a) from May 1, 1986, if this bond is authenticated prior to November 1, 1986 , or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the date to which interest has been paid) . Interest is payable by check or draft mailed to the person shown as owner hereof at his address as it appears on the registration books kept by the Registrar on the 15th day of the month preceding each interest payment date . Principal and interest are payable in lawful money of the United States of America. THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE RE- VERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL PUR- POSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF. All acts, conditions and things required by the Consti- tution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Com- monwealth of Virginia. -7- This bond shall not be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach, Vir- ginia, has caused this bond to be signed by the facsimile sig- nature of its Mayor, to be countersigned by the facsimile sig- nature of its Clerk, a facsimile of its seal to be printed hereon, and this bond to be dated May 1, 1986 . COUNTERSIGNED: (SEAL) Clerk Mayor Date Authenticated: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within- mentioned resolution. CITIBANK, N.A. , Registrar By Authorized Signature -a- (Reverse of Bond) ADDITIONAL BOND PROVISIONS This bond is one of an issue of $6, 080, 000 General Ob- ligation Water and Sewer Bonds, Series of 1986, of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, being the unissued bal- ance of the $46, 000, 000 water and sewer bonds authorized by an ordinance adopted by the Council on August 27 , 1980, and ap- proved at an election held on November 4, 1980, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act, to finance the cost of continuing the City' s improvement program for its water and sewer system. Bonds maturing on or before May 1, 1996, are not sub- ject to redemption prior to maturity. Bonds maturing on or after May 1, 1997, are subject to redemption prior to maturity at the option of the City on or after May 1, 1996, in whole at any time or in part on any interest payment date, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest ac- crued and unpaid to the redemption date: -9- Period During Which Redeemed Redemption (both dates inclusive) Price May 1 , 1996 to April 30, 1997 102 May 1 , 1997 to April 30, 1998 101 1/2 May 1, 1998 to April 30, 1999 101 May 1, 1999 to April 30, 2000 100 1/2 May 1, 2000 and thereafter 100 If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City' s chief fi- nancial officer in such manner as he may determine to be in the best interest of the City, each portion of $5 , 000 principal amount being counted as one bond for such purpose. The City shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by regis- tered or certified mail not less than 30 nor more than 60 days prior to the redemption date to the registered owner of each bond to be redeemed at his address as it appears on the regis- tration books kept by the Registrar. If a portion of this bond is called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to the regis- tered owner upon the surrender hereof. The City is required to charge rates or fees to users of its water and sewer system, to fix and maintain such rates or fees at such level as will produce sufficient revenues to pay all costs of operation and the principal of and interest on the bonds and any other bonds heretofore or hereafter issued on account of such system and secured by a pledge of water or -10- sewer revenues, as the same become due . In addition, the full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and interest on this bond. The bonds are issuable as fully registered bonds in denominations of $5, 000 and multiples thereof. Upon surrender of this bond at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate and deliver in exchange, a new bond or bonds having an equal aggre- gate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and reg- istered in names as requested by the then registered owner hereof or his duly authorized attorney or legal representative, all subject to the limitations and conditions provided in the resolution authorizing the issuance of the bonds. Any such ex- change shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto . The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and inter- est and the exercise of all other rights and powers of the -11- owner, except that interest payments shall be made to the per- son shown as owner on the registration books on the 15th day of the month preceding each interest payment date . ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell( s) , as- sign( s) and transfer( s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE : • the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature( s) must be ( Signature of Registered Owner) guaranteed by a member firm of the New York Stock Notice: The signature above Exchange or a commercial bank must correspond with the name or trust company. of the registered owner as it appears on the front of this bond in every particular, without alteration or enlarge- ment or any change whatsoever. -12- 6. The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and inter- est on the bonds. It is hereby covenanted and agreed with the holders of the bonds that so long as any of the bonds are outstanding and unpaid the City shall : ( a) charge rates or fees to users of its water and sewer system and fix and maintain such rates or fees at such level as will produce sufficient revenues to pay the cost of operation and administration, the cost of insurance against loss by injury to persons or property and the principal of and interest on the bonds authorized hereby and any other bonds heretofore or hereafter issued on account of such system and secured by a pledge of water or sewer revenues, as the same be- come due; (b) apply the revenues derived from the operation of such system in each fiscal year first to the payment of such costs of operation, administration and insurance during such year and then to the payment of principal of and interest on the bonds and any other bonds heretofore or hereafter issued on account of such system and secured by a pledge of water or sewer revenues becoming due in such year; -13- (c) unless other funds are lawfully available and appropriated for timely payment of the bonds, levy and collect an annual ad valorem tax over and above all other taxes autho- rized or limited by law on all locally taxable property in the City sufficient to pay the principal of and interest on the bonds, as the same become due; and (d) segregate and keep segregated from all other City funds all revenues derived from the operation of such sys- tem and keep proper records and accounts therefor, separate and apart from all other records and accounts . 7 . The Registrar shall maintain registration books for the registration of bonds. Upon surrender of any bonds at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute and the Registrar shall authenticate and deliver in exchange, a new bond or bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative . Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any -14- tax or other governmental charge required to be paid with re- spect thereto . The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and inter- est and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the per- son shown as owner on the registration books on the 15th day of the month preceding each interest payment date. 8. The City Manager, in collaboration with Government Finance Associates, Inc . , or Government Finance Research Cen- ter, the City' s financial advisors, is hereby authorized and directed to take all proper steps to advertise the bonds for sale substantially in accordance with the form of Notice of Sale attached to the resolution authorizing the issuance and sale of $37 , 700, 000 General Obligation Public Improvement Bonds, Series of 1986, being adopted on this date, provided that the City Manager, in collaboration with Government Finance Associates, Inc . , or Government Finance Research Center, may make such changes in the Notice of Sale not inconsistent with this resolution as he may consider to be in the best interest of the City. 9 . The draft dated April 7 , 1986, of a Preliminary Of- ficial Statement describing the bonds and $37, 700, 000 General Obligation Public Improvement Bonds, Series of 1986, copies of -15- which have been provided to members of the Council, is hereby approved as the form of Preliminary Official Statement by which the bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this resolution as the City Manager, in collaboration with Govern- ment Finance Associates, Inc . , or Government Finance Research Center, may consider appropriate . The City Manager, in collab- oration with Government Finance Associates, Inc . , or Government Finance Research Center, shall make such completions, omis- sions, insertions and changes in the Preliminary Official Statement not inconsistent with this resolution as are neces- sary or desirable to complete it as a final Official Statement. The City Manager shall arrange for the delivery to the success- ful bidder on the bonds of up to 300 copies of the final Offi- cial Statement for delivery to each person to whom such bidder and members of his bidding group initially sell the bonds. 10. After bids have been received and the bonds have been awarded, the Mayor, the City Manager and the Clerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchasers thereof upon payment therefor. 11 . All other actions of officers of the City in con- formity with the purposes and intent of this resolution and in -16- furtherance of the issuance and sale of the bonds are hereby approved and confirmed. The officers of the City are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issu- ance, sale and delivery of the bonds. 12 . The City shall not take or omit to take any action the taking or omission of which will cause the bonds to be "ar- bitrage bonds" within the meaning of Section 103 (c ) of the In- ternal Revenue Code of 1954, as amended, and regulations issued pursuant thereto. Such officers of the City as may be re- quested are hereby authorized and directed to execute an appro- priate certificate setting forth the expected use and invest- ment of the proceeds of the bonds in order to show that such expected use and investment will not violate the provisions of Section 103 (c) and regulations issued pursuant thereto. Such certificate shall be in such form as may be requested by bond counsel for the City. 13 . The Clerk, in collaboration with the City Attorney, is hereby authorized and directed to see to the immediate fil- ing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach. -17- 14. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 15 . This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held on the 7th day of April , 1986, and of the whole thereof so far as applica- ble to the matters referred to in such extract. WITNESS my signature and the seal of the City of Vir- ginia Beach, Virginia, this day of April , 1986. (SEAL) Clerk, City of Virginia Beach, Virginia - 26 - Item II-I.3 RESOLUTIONS/ORDINANCES ITEM I/ 25177 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $350,600 of Capital Improvement Project Funds from Project #2-823 Salem Canal Improvements to Project #2-830 Rudee Inlet Dredging to cover cost of the City's estimated cash contribution and site acquisition. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 26a- REQUESTED BY PUBLIC WORKS AN ORDINANCE TO TRANSFER $350 ,600 .00 OF CAPITAL IMPROVEMENT PROJECT FUNDS FROM PROJECT #2-823 SALEM CANAL IMPROVEMENTS TO PROJECT #2-830 RUDEE INLET DREDGING TO COVER COST OF THE CITY' S ESTIMATED CASH CONTRIBUTION AND SITE ACQUISITION WHEREAS, the capital improvement program includes Project #2-830 Rudee Inlet Dredging to improve navigation, and WHEREAS, the City' s required cash contribution toward total project cost is currently estimated to be $325,600 plus 100% of site acquisition cost estimated to be an additional $25 ,000.00 over the previously estimated $40 ,000.00, and WHEREAS, the City is required to escrow its cash contribution toward the total project cost and to certify site acquisition prior to advertisement for construction of the project, and WHEREAS, the Corps of Engineers plan to construct the project in 1986, and WHEREAS , Project #2-823 Salem Canal Improvements has been deferred pending the issuance of permits by regulatory agencies . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $350 ,600 .00 are hereby transferred from Project #2-823 Salem Canal Improvements to Project #2-830 Rudee Inlet Dredging to cover the cost of the City' s cash contribution toward total project cost and additional site acquisition costs. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of April , 1986 . JAR/jmh 01/31/86 ( 9) - 27 - Item II-J CONSENT AGENDA ITEM 8 25178 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED in ONE MOTION Items 2, 4, 5, 6, 8, 9, 11, 12, 13 and 14. Items #1, #3, #7, and #10 were voted upon seperately Voting: 9-0* Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Neischober, Barbara M. Henley, *H. Jack Jennings, Jr. Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones Council Members Abstaining: *Councilman Jennings VERBALLY ABSTAINED on item #5 April 7, 1986 - 28 - Item 11-J.1 CONSENT AGENDA ITEM 4 25179 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED: Resolution urging the United States Department of Energy to eliminate Site SE-2, located in Bedford County; and, Site SE-3, located in Halifax and Pittsylvania Counties, from consideration as locations for a high-level radioactive waste disposal facility. Voting: 7-2 Council Members Voting Aye: Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: *John A. Baum, *Robert G. Jones Council Members Absent: Nancy A. Creech, Louis R. Jones *Verbal Nay April 7, 1986 - 28a - RESOLUTION WHEREAS, Virginia Beach, the largest City in the Commonwealth of Virginia, is developing a critical public water supply in the Roanoke River Basin; and WHEREAS, the City of Virginia Beach has been issued a permit to withdraw water from Lake Gaston which receives its water from the reaches of the Roanoke River Basin; and WHEREAS, the United States Department of Energy is considering two locations in the Roanoke River Basin for a high-level radioactive waste disposal facility; and WHEREAS, the possible contamination of surface and ground water in the Roanoke River Basin due to acbidents in the transportation, handling and storage of the radioactive waste could pose a grave threat to Virginia Beach's water supply; and WHEREAS, the Lake Gaston water supply is essential to the continued health, welfare and safety of the citizens of Virginia Beach; and NOW, THEREFORE BE IT RESOLVED: That the City of Virginia Beach urges the United States Department of Energy to eliminate Site SE-2, located in Bedford County and Site SE-3, located in Halifax and Pittsylvania Counties, from consideration as locations for a high- level radioactive waste disposal facility. Adopted by Virginia Beach City Council this Seventh day of April, Nineteen Hundred Eighty-Six. April 7, 1986 - 29 - Iitem II-J.2 CONSENT AGENDA ITEM # 25180 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Resolution requesting the Virginia Department of Conservation and Historic Resources, Division of Parks and Recreation, to approve a ten-week beach enhancement program application by the City of Virginia Beach, and authorize the City Manager to enter into necessary negotiations. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. MCClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Council Members Absent: Nancy A. Creech, Louis R. Jones April 7, 1986 - 22a - APPROVED AS TO CONTENT tar' � 7th April - 30 - Item II-J.3 CONSENT AGENDA ITEM # 25181 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 31-1, 31-26, 31-27, 31-28, and 31-31 of the Code of the City of Virginia Beach, Virginia, pertaining to Solid Waste. Wade Kyle, Administrator of Solid Waste indicated certain residences would be required to place their container only on the opposite side of the street; however, this will be less than twenty-five percent in the first phase-in area of 16,000 homes. Assuming the entire City were automated, to go up and down both sides of the street would cost approximately Two Million ($2,000,000) Dollars entailing the cost of extra equipment, operating said equipment and personnel. Mr. Kyle further responded to Vice Mayor McClanan's inquiries concerning oversized household trash. All garbage is requested to be placed in the containers first. If additional refuse is generated, this may be placed in plastic bags. For every three (3) automated routes, there will be one two-man manual route, primarily to handle yard debris and to collect the plastic bags. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louts R. Jones April 7, 1986 - 30a - Requested by the Department of Public Works/Solid Waste Division. AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 31-1 , 31-26, 31-27, 31-28, AND 31-31 OF THE CODE OF THE CITY OF VIRGINIA BEACH , VIRGINIA PERTAINING TO SOLID WASTE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 31-1 , 31-26 , 31-27, 31-28, and 31-31 of the Code of the City of Virginia Beach, Virginia, pertaining to solid waste, are hereby amended and reordained as follows: Section 31-1 . Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: ( 1 ) "Building Materials" means any material such as lumber, brick, plaster, gutters or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. ( 2) "Bulk container" means a metal container of not less than six ( 6) cubic yards nor larger than eight ( 8) cubic yards, made of water-tight construction with doors opening on two sides and top, and constructed so that it can be emptied mechanically by specially-equipped trucks. Containers shall be covered . Hereinafter, upon effective date of this section, all new bulk containers shall meet these specifications. ( 3) "Business Trash" means any waste accumulation of dust , paper and cardboard, excelsior, rags or other accumulations, other than garbage or household trash, which are usually attendant to the operation of stores , offices and similar businesses. (4) "City" means the City of Virginia Beach. ( 5) "Commercial Establishment" means any retail, restaurant , manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment at which garbage or trash may be generated. ( 6) "Detachable Container" means a unit varying in capacity between five cubic yards and 40 cubic yards which is used for collection, storing and transporting building materials , business trash, industrial waste, hazardous refuse, refuse or yard trash. The unit may or may not use an auxiliary stationary packing mechanism for compaction of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially-equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site. (7) "Garbage" means the by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors , or which during or after decay, may serve as breeding or feeding material for insects or animals. ( H ) "Hazardous Refuse" means materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter and explosives . ( 9) "Household Trash" means every waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping. ( 10) "Industrial waste" means all waste, including solids , semi-solids, sludges, and liquids, created by factories, processing plants or other manufacturing enterprises. ( 11 ) "Litter" means garbage, refuse, waste materials or any other discarded, used, or unconsumed substance which is not handled as specified herein. ( 12) "Loading and Unloading Area" means any stream, river or lakeside or land dock, space or area used by any moving -2- vehicle for the purpose of receiving, shipping and transporting goods, wares , commodities and/or persons. ( 13) "Multiple Residential Unit" means any duplex , apartment , group of apartments or condominium used for dwelling places of more than one family. ( 14) "Person" means any individual, firm, company, corporation or association. ( 15) "Portable Packing Unit" means a metal container not exceeding 4 ,500 pounds gross weight with four to six cubic yard capacity that contains a packing mechanism and an internal or external power unit. ( 16) "Refuse" means solid waste accumulations consisting of garbage, household trash, yard trash and business trash as herein defined. ( 17) "Residential Refuse Receptacle" means a metal or plastic container for refuse, of substantial construction, with a tight-fitting lid, and provided with wheels or handles sufficient for safe and convenient handling for collection at curbside. Except for those areas serviced by automated collection equipment, fisuch receptacles shall have a capacity of not more than thirty-two (32) gallons and a total weight of not more than fifty ( 50) pounds or an empty weight of not more than ten ( 10 ) pounds, and shall be kept in serviceable condition at all times . Any-eeeept aele-whieh-lees-net-meet-standards-set-by-Eke departmeat-a€-publie-werke-shall-be-remeved---Emeeptiens-te tk ese-requirements-may-he-made-ky-the-dieeetee-a€-peSlie werks- Any areas serviced by automated collection equipment shall use ninety ( 90) gallon round containers as approved by the director of public works. Any receptacle which does not meet standards set by the department of public works shall be removed. Exceptions to these requirements may be made by the director of public works. ( 18) "Single Residential Unit" means any dwelling place occupied by one family. -3- ( 19) "Small Dead Animals" means dead cats, dogs, small household pets and other animals of similar size. ( 20) "Tree and Shrubbery Trimmings" means waste accumulation of tree branches , tree limbs, parts of trees, bushes, shrubbery and cuttings or clippings created as refuse in the case of trees or bushes . ( 21 ) "Yard Trash" means waste accumulations of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings, free of dirt , rocks, large branches and bulky or noncombustible material . (22) "Yard Trash Containers" means refuse receptacles as designated in 17-1 .2( 17) . Plastic bags shall be closed by a tight sealing method of suitable type , such as drawstring, wire tie or knot. Containers shall be kept covered or closed at all times. ( 23) "Mobile Containers" means any containers for refuse provided by the city for use in the resort area, having a capacity of 85-90 gallons and equipped with wheels for mobility. (24) "Resort Area" includes all real property within the borough of Virginia Beach. Section 31 -26. Receptacles generally. All refuse to be collected by the city shall be stored in proper receptacles between times of collection. Except in those areas serviced by automated collection equipment, such These receptacles shall be metallic or plastic, with a capacity of not more than thirty-two ( 32) gallons'-eapaeity or a total weight of not more than fifty (50) pounds. feta}-weight: Bxeegtiens-te-these-requirements-may-he-made-hy-the-direeter ef-puh}ie-werksr Any mobile container provided by the city shall not be filled to exceed two hundred (200) pounds total weight and all refuse therein must fit inside the container. Refuse may be placed in plastic or polyethylene bag which meet the standards set by the department of public works . Each receptacle shall have a tight-fitting cover and each bag shall be tightly secured . -4- The cover of any receptacle shall be kept on at all times except when the receptacle is being filled, emptied or cleaned. Animal waste and ashes shall be wrapped separately from other refuse in a manner to prevent spillage prior to placing the same in a receptacle. Any areas serviced by automated collection equipment shall use ninety (90) gallon round containers as approved by the director of public works. Any extra refuse shall be placed in plastic trash bags. All garbage or putrescible material shall be placed within the automated containers . No other type of container is permitted for use in the automated collection areas. Exceptions to these requirements may be made by the director of public works. Section 31-27 . Frequency of collection. (a) Garbage and household trash accumulated at residences shall be collected by the city one ( 1 ) time each week, except when otherwise designated by the director of public works . Oversized household trash , bulky items such as refrigerators , water heaters and washing machines shall be collected by the city one time each week at the curbside; provided that, the service of collecting these articles shall only be provided when a special order is placed by telephoning the bureau of refuse collection in advance. (b) Mobile containers provided by the city shall be collected seven (7) days per week from May 1 through September 30 , six (6) days per week (Monday through Saturday) during the months of April 1-threegh and October 31, and four (4) days per week (Monday, Tuesday, Thursday and Friday) from November 1 through March 31. ( c) City refuse collection service to commercial establishments shall be one ( 1 ) time each week, except when otherwise designated by the director of public works. The city will not collect bulky items from commercial establishments . Section 31-28 . Points of collection. -5- (a) Privately-owned refuse receptacles , the contents of which are to be collected by the city, shall be placed on the curb line of a city right-of-way by 7: 00 a.m. on the day of collection. All receptacles must be removed out of view of the public after collection on the day of collection. The director of public works shall designate those areas in the city in which curbside bins for holding refuse receptacles are permitted beyond the front wall of a dwelling unit. (b) Mobile containers provided by the city shall be placed on the curb line of a city right-of-way by 6 :30 a.m. on the day of collection. Such containers shall be removed out of view of the pbulic no more than two ( 2) hours after collection. (c) The city will not make refuse collections on private property. (d) Some residents serviced by automated collection equipment shall be required to place the automated containers on the opposite side of the street from their house. Such residents shall be required to place all extra refuse in plastic bags on the same side of the street as their house. Section 31-31 . Refuse from apartment-eemplexes multiple-unit dwellings not to be collected. The City shall not eeHleel-refuse-€rem provide refuse collection to apartments , complexes office and residential condominiums, duplexes, or other multiple-unit buildings unless each unit or duplex is individually located on a separate lot abutting the right of way of a publicly maintained street; provided , however, that such refuse collection shall be done in accordance with the other provisions of this chapter . This Ordinance shall be effective upon the date of its adoption. Adopted on the 7th day of April , 1986 , by the Council of the City of Virginia Beach, Virginia. WEB/RMB/jmh APT 3Vfl 5TO CONTENT 9/25/85 11/4/85 01/8/86 03/06/86 (CJS/ORD) , . . .i�r' 1f _6_ CI; frniURNEY - 31 - Item II-J.4 CONSENT AGENDA ITEM # 25182 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to transfer $2,964 from Reserve for Contingencies to the Sheriff's Office to establish an additional clerical position. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones April 7, 1986 - 31a - w Z (9 u_ O �_ - 7 O z - C, r G a ;l J < AN ORDINANCE TO TRANSFER $2,964 u; \` FROM RESERVE FOR CONTINGENCIES TO THE .-` SHERIFF'S OFFICE TO ESTABLISH AN ADDITIONAL CLERICAL POSITION WHEREAS, the Sheriff has requested the need for an additional clerical position to handle the increased workload in the civil processing section and to work in the Correctional Center library, and WHEREAS, the additional position will allow the rehiring of a former Deputy who became physically incapacitated resulting in his medical separation from the department, who has recovered sufficiently to allow his reemployment in a non- sworn position, and WHEREAS, the cost of salaries and fringe benefits effective April 16, 1986 is estimated at $2,964 for the remainder of the current year and $14,689 for FY 1987. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that a Clerk II position is hereby established for the Sheriff's Department effective April 16, 1986 and that funds of $2,964 be transferred from General Fund Reserve for Contingencies to fund the position for the remainder of the fiscal year. BE IT FURTHER ORDAINED that the additional clerical position is hereby added to the proposed FY 1987 budget at an estimated cost of $14,689 with funds to be transferred from Reserve for Contingencies. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of April , 1986. CAC/2 ORD5 - 32 - Item II-J.5 CONSENT AGENDA ITEM II 25183 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: $50,803 Ordinance to transfer $84,00-5- of Capital Project funds to establish project for Shore Drive-In site drainage and authorize and direct the City Manager to execute a cost-participation agreement with Terry/Peterson Development Corporation. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones Council Members Abstaining: H. Jack Jennings, Jr. April 7, 1986 i-' - 32a - ws L e 0 a L o < c - �I< $50,803 � _ a j AN ORDINANCE TO TRANSFER $81/4085 OF o O 7�5 CAPITAL PROJECT FUNDS TO ESTABLISH PROJECT o_ a 9- FOR SHORE DRIVE-IN SITE DRAINAGE AND AUTHORIZE cc Q AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH TERRY/ Q PETERSON DEVELOPMENT CORPORATION WHEREAS, Terry/Peterson Development Corporation is planning to develop land located on the old Shore Drive-In Theater site in the Bayside Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, the city desires to enter into a cost participation agreement requesting the developer to engage in construction greater in scope than is necessary in order to provide storm drainage for sites not within the old Shore Drive-In Theatre site development, and WHEREAS, the city's share of the cost is estimated at $50,803 for drainage improvements, with such costs to be charged to a new capital project, with funds to be transferred from project #2-837 Various Public Improvements, and WHEREAS, such construction at this time will provide for future needs and prevent the city from having to incur additional costs at a later date. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that project 112-060 Shore Drive-In Site Drainage is hereby established as a capital project, and that $50,803 is transferred from project 1/2-837 Various Public Improvements to project 112-060 to fund the city's share of the cost participation agreement with Terry/Peterson Development Corporation for construction of storm drainage facilities. Said proposed agreement is hereby approved and attached as Exhibit A . This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of April , 1986. CAC/2 ORD6 CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS COST PARTICIPATION AGREEMENT (STORM DRAINAGE) THIS AGREEMENT, Made this 13th day of February 1986 , by and between Terry/Peterson Development Corporation, a Virginia corporation, hereinafter referred to as "Owner" , and the CITY OF VIRGINIA BEACH, VIRGINIA, a Virginia Municipal Corporation, hereinafter referred to as the "City" . WHEREAS, Owner is seized in fee simple of 12 .27 acres of land formally known as the Shore Drive-In Theater Site; and WHEREAS, Owner is desirous of developing the Project in accordance with the terms and conditions of the City ordinances and regulations and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide adequate storm drainage for this Project, it is necessary for Owner to construct certain storm drainage structures; and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide storm drainage for this project; and WHEREAS, such construction is of value to the City in providing storm drainage for sites other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits hereto, the parties agree that: - 1 - / 1. Owner shall construct a storm drainage system (hereinafter the "System" ) according to plans and specifications approved by the Department of Public Works, a copy of which is on file with the Department. 2 . Owner shall install and pay for the System, and upon certification of completion of the work in accordance with the approved plans and acceptance by the City and submission of an invoice to the City, the City will reimburse to the Owner a sum not to exceed $50 ,803 .00 . See attached, Exhibit "A" , Engineers Cost Estimate of Construction Cost of the Storm Drainage System with City Participation. 3 . The City shall have the right at any time to make, connect, or permit the connection of any other storm water runoff into the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to all drainage structures, shall be deemed dedicated to the City of Virginia Beach as of the date of the City' s written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, 2 _ % . approval, construction, and/or installation of the System. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof , the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns; but, notwithstanding the foregoing, this Agreement is intended to impose liability as Owner only upon Terry/Peterson Development Corporation and any successor who constructs the System and not upon individual unit or parcel owners. 7. It is expressly understood and agreed that this Agreement is to be recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach and indexed in the Index to Deeds under both the Owner' s and the City' s names as grantors and the Owner' s and the City' s names as grantees, it being specifically understood, covenanted and agreed that this Agreement may be enforced by the parties hereto and their successors and assigns. IN WITNESS WHEREOF, the parties hereto, by its President, have executed and sealed this Agreement as of the day and year first above written. TERRY/PETERSON CORPORATION John Hy�EP -arson, esident DATE: 27/ CM, - 3 - / CITY OF VIRGINIA BEACH BY City Manager DATE ATTEST: (SEAL) City Clerk APPROVED AS TO CONTENTS: Atom, betas brow Depart ent of Pu lic Works /APPROVED AS TO /FORM: (/) // Cifi At orney-64i0-eFIPPri APPROVED AS TO AVAILABILITY OF FUNDS: Department of Finance - 4 - STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Dolores F. Marquette , a Notary Public in and for the Cityand State aforesaid do hereby certify that John H. Peterson, Jr. President of Terry/Peterson Development Corp- oration whose name is signed to the writing above, bearing date of February 13, 1986 has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this 13th day February 1986. bizkeywli. L'hvirt Notary Public My Commission Expires: .',Y COMMISSION EXPIRES AUG. 16, 1987 STATE OF VIRGINIA CITY OF VIRGINIA, to-wit: 1, , a Notary Public in and for the City and State aforesaid, do hereby certify that and , the City Manager and City Clerk, respectively, of the City of Virginia Beach, whose names are signed to the writing above, bearing date of have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 1986. Notary Public My Commission Expires rdg/2 -5- STORM PRA InIAGE 5 STENT WITH citi &A RT1C%PATIOW LNGINEERS ESTIMATE OF CONSTRUCTION COST _ - , Projed lez o2r/Pe�*' `"Je- i`a..rant.ei-iljCOQ" Langley and McDonald7 Location C...;.{-..;_, 'c :f _A- Fl-mcg 1-1AMPi oa Estimate By l_.1.:1e -I 1 'Cheated By Consulting Engineers Date DC_7. -I . t a5 Sheet I of i Virginia Beach, Virginia Labee Materiel loomQuantic Unit Unit Unit Cost Thiel ConniptionP Price Carl Price Cost No. 4 I Tri Zr.? CI at , 22 Le 9.25 ie.?...so q.io 2o0.20 403.10 2. 24 KC? GI1�1 (Re Le 11.10 88.,40 15.15 I05.7o 194 .t3t.= 3 3Co''RGP CI ME CoIt-P' 1'1.3 lRi'.000 21.20 435 •'1.0 (.32.8C h. 4 2 ' CCP c.1 t- 4-54- Lt.- 2D'S 942o.So. 3c.25 1Co,451•Sc7581R.1.5 S 4& SC? CI lIt 31P ''1-F- 22:0 '7282.?cI.S.Tz7. 1454e.5= 21,R'ol? c. r4: KCP ci 11r icc4 LF 'lien 521c .20 5S.1c 9.184•Ro 14. 3so.c,1 7 Coc> v,r'_r G 1 4e; LF 1G.= 22 24 •.PIC ,LiN0 3.259/7.1 S484.0c .3 C. 4-Cu �Ls OSS S E-A g5tte . 11P03..D0 312 4.04,0.0'. 5o2.8.0� 9 Lit- r.l = . :P.:- I I CA 24'15 2415.00 ?49c 2.415.oc Al ThD. RD rli '. --45 CA 680 II 40 121 2.7(2•" 7.,9o3-° 11 3Cc F.E.S . 1 to Its ll5 425_ 42S LAO?a TO.At 3o. ICO.00 53.2,136:)84.00A t0 aF- 1.!A+'� C .� :^r_ OO'CCP P tat-4E- i. I I As r4..KC? 4R1.F cc.1V .>,- -:- ?f.J3.Co (.. - 5;95. 06Dilc-i -,,3 -:'< 1? - I MM r,Y7 -PA r-n I:Lir-v - 2,425cc Ih 3r- . ) -AL i«7. ,u-1^� �. 3ot000 •Y'< < •,•.-r Pi i.-I c p.-1 a,J + 50.PSl)3 C EXHIBIT "A" % TERRY/PETERSON DEVELOPMENT CORPORATION ' CITY OF VIRGINIA BEAM, VIRGINIA H .� - _ 8Y ly Er II. Pvie Jr. , President City Manager DATE December 10, 1985 DATE - 33 - Item II-3.6 CONSENT AGENDA ITEM !k 25184 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to transfer $170,000 of Capital Project funds to advance funding for the City Stormwater Management Study and to authorize the execution of the design contract with Camp, Dresser and McKee. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louts R. Jones April 7, 1986 - 33a - AN ORDINANCE TO TRANSFER $170,000 OF CAPITAL PROJECT FUNDS TO ADVANCE FUNDING FOR THE CITY STORMWATER MANAGEMENT STUDY AND TO AUTHORIZE THE EXECUTION OF THE CONTRACT WHEREAS, in the FY 1986 - FY 1990 Adopted Capital Improvement Program, Council approved project 112-017 City Stormwater Management Study with an estimated cost of $500,000, and WHEREAS, based upon fee negotiations with the selected consultant the estimated cost of the project will remain at $500,000, and WHEREAS, the project has current appropriations of $330,000 with the remaining $170,000 scheduled to be provided from the FY 1986 - FY 1987 Operating Budget, and WHEREAS, in order to proceed with the study it is necessary to advance funds for the project by transferring appropriations from project 112-823 Salem Canal Improvements with the appropriations scheduled in the FY 1986 - FY 1987 Operating Budget for project 112-017 to be reallocated to project #2-823. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that appropriations in the amount of $170,000 be transferred from project #2-823 Salem Canal Improvements to project #2-017 City Stormwater Management Study with a corresponding reallocation of appropriations in the FY 1986 - FY 1987 Operating Budget from project 112-017 to project 112-823, BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into a contract for the City Stormwater Management Study. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of April , 1986. hi-'ROVtO GS TO CONTENT CAC/2 ORD7 s!GNA 'E CTY ATTORNEY - 34 - Item II-J.7 CONSENT AGENDA ITEM l6 25185 Upon motion by Councilman Fentress , seconded by Vice Mayor Reba S. McClanan, City Council ALLOWED WITHDRAWAL: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Pacific Avenue and 22nd Street to Beach Recreation, Incorporated, its assigns and successors in title. Councilman Fentress advised he had discussed said application with Michael A. LaGiglia, Jr., President of Beach Recreation, Inc. ; Oral Lambert, Director of Public Works; and Henry Ruiz, Interim Director of the Resort Area Advisory Commission. The City Staff will co-ordinate with Mr. LaGiglia for a satisfactory solution. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones April 7, 1986 - 35 - Item II-J.8 CONSENT AGENDA ITEM Ik 25186 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of 3004 Pacific Avenue to Hilda J. Silverman, her assigns and successors in title. This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City, 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. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones - 35a- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF PACIFIC AVENUE TO HILDA JANE SILVERMAN, HER HEIRS, ASSIGNS, AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15 . 1-893, Va. Code Ann. , Hilda Jane Silverman, her heirs, assigns , and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Pacific Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a repair and modification of an existing roof overhang and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows : An area of encroachment into a portion of the City's right-of-way known as Pacific Avnue, on the certain plat entitled : "PHYSICAL SURVEY LOTS 1 & 2; BLOCK 100 MAR NO. 3 EXTENDED VIRGINIA BEACH DEVELOPMENT CO. RECORDED IN M.B. 4, PT 2, PG 266, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VA. BEACH, VA VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA FOR HILDA JANE SILVERMAN," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Hilda Jane Silverman, her heirs, assigns, and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City' s right-of-way of Pacific Avenue and that Hilda Jane Silverman, her heirs, assigns, and successors in title shall - 35b - bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Hilda Jane Silverman, her heirs, assigns, and successors in title 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 or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Hilda Jane Silverman executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of April , 1986. JAS/jmh/rab 03/03/86 (29) APPROVED AS TO CONTENT AP ED A. F RM CITY ATIC, HEY -2- - 35c —__ CCLir. z a ._. . { k Lir r-i J, N 1 1 1 7:'.-'� _ba �. _a..� .�. ...._� ." '• - A. 1 I I . O y , • X41 1 / r �.s. . s -. %I __ _ (1\\1�� • y V ' I 11/4 II / Si./ ,.; 1 (\I /'=/oa ' • cO ~� S'T-��cT .-0.-1/27 'ALJ 4 ‘55G:.Ji'G'" zJrj /t2., sz -c- ye° Nr co. ///.L ad ✓aN� (�/L 1/:2t-/.�\/ _ d U. 11t 1t I D I' .:l ECU INC k j l „ a.,l:. , —,---.' - 36 - Item II-J.9 CONSENT AGENDA ITEM # 25187 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Edwin Drive and Mount Trashmore to Trashmore and Associates, its assigns and successors in title. This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City, 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 must submit and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right- of-way. 6. No open cut of a public roadway shall be allowed execpt under extreme circumstances; such exceptions shall be submitted to the Highway Division for final approval. 7. The owner agrees that all disturbed areas must be properly restored. 8. The owner agrees that a City Engineer will make final inspection of the pipe and the outfall end will be equipped with an oil/water separation trap. 9. The owner agrees that no work shall commence within the City's right-of-way or on City owned property until the site plan has been fully approved and released by the City of Virginia Beach. Voting: 9-0 April 7, 1986 - 37 - ITEM II 25187 (Continued) Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones A,-wll 7 10RA - =7a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY KNOWN AS EDWIN DRIVE AND CITY OWNED PARK PROPERTY KNOWN AS MT. TRASHMORE PARK TO TRASHMORE AND ASSOCIATES, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15. 1-893, Va. Code Ann. , Trashmore and Associates , its assigns and successors in title are authorized to construct and maintain a temporary encroachment into a portion of the City' s right-of-way known as Edwin Drive and City owned park property known as Mt. Trashmore Park. That the temporary encroachment herein authorized is for the purpose of contructing and maintaining a private storm drainage pipe to empty into Lake Trashmore and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department' s specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City' s right-of-way known as Edwin Drive and City owned park property known as Mt. Trashmore Park, as shown on that certain plat entitled: "STORM SEWER ENCROACHMENT PLAT FOR TRASHMORE & ASSOC. ," prepared by MILLER-FOX-STEPHENSON, P.C. , ENGINEERS, SURVEYORS 6 PLANNERS, a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Trashmore and Associates, its assigns and successors in title and within thirty ( 30) days after such notice is given, said encroachment shall be removed from the City' s right-of-way known as Edwin Drive and City owned park property known as Mt . Trashmore Park by Trashmore and Associates and that Trashmore and Associates, its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that Trashmore and Associates , its assigns and successors in title 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 or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that Trashmore and Associates execute an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of April -__, 1986. JAS/jmh/rab 03/03/86 (29) AP7RO E.^ .'.; TO CONTENT NT r . 91j )ANSI =�.h1R.h1 ��a , ,.,._YY -2- — A/ 4-2-00•rn„E 250.4 ' J — ° 4 k. !1 il LP) I 3` l-Srv.. .NED.CAL .. li OFF/CES h0 57016t4 44 N. lull. s.7/ — _ N s 4z^cb elat w - _ — — — 1r iZ' DED%CATION—r - V� 4k'tA -----7-1- 5014/14/ OP. rthO' K/41/) y� `�, ��1 WL27D KA/L FEIiEJ 0 O Mr. Trnshill an Pork ,�.� Ciiy of 4191.11ia /3Qarh .c.J/ "^' ' 1=/�RLU .W LNEA/T .4ZEA Ur -a-4741 IL_ L 0 0 b O ''N U 0 0 ti lit PICN,C AKEA ST'O. vow e 7 FES CES-/) WIZ ,5.06 ID rte, ELLAE OFu,,:acg rail/. 4.' j l 4J CAKE 7RASl/M(JXE _ _ 970kM SEWEP ENCt 2ACHM&U7 PLAT T.PASH'ML).C'E C A5 a'. MILLER - FOX - STEPHENSON, P.C. ENGINEERS, SURVEYORS & PLANNERS 204 GRAYSON ROAD, VIRGINIA BEACH, VIRGINIA 23462 (504) 490-9264 H (8 ZONED: 3 -/ IDATE:a/-/G .e3$ ISCALE: /"= 1i' 'OWN. BY: cru, 'MAP BOOK PG. - 38 - Item II-J.10 CONSENT AGENDA ITEM # 25188 Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Ocean View Avenue to David L. Costinbader, his assigns and successors in title. David L. Costinbader, the applicant, advised this "walkway" was a request of the Wetlands Board. Robert Smith, an advocate of the Dune Protection, spoke in favor of elevated "walkways", but emphasized the protection of the dune. This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City, 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 that a City Engineer will supervise work to insure the safety of the dune. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones April 7, 1986 - 38a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF OCEAN VIEW AVENUE TO THOMPSON CONSTRUCTION COMPANY, ITS ASSIGNS, AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15 . 1-893, Code of Virginia, 1950, as amended, Thompson Construction Company, its, assigns, and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Ocean View Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a 4 ' wooden elevated walkway and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department' s specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City' s right-of-way known as Ocean View Avenue, on the certain plat entitled: "SITE PLAN PROPOSED LOTS A, B, C, D BEING LOTS 14, 15, 16, 25, 26, 27 - BLK 19 CHESAPEAKE PARK MB 6 P. 123 BAYSIDE BOROUGH VIRGINIA BEACH, VA SCALE 1"=45 ' 16 AUG 1985, " copies of said plans are on file in the Department of Public Works and marked Exhibits "A," "B ," and "C" to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Thompson Construction Company , its assigns , and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City' s right-of-way of Ocean View Avenue and that Thompson Construction Company, its assigns , and successors in title shall bear all costs and expenses of such removal . AND, PROVIDED FURTHER, that it is expressly understood and agreed that Thompson Construction Company, his heirs, assigns , and successors in title 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 or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Thompson Construction Company executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach , Virginia, on the 7th day of April __ , 1986 . CLL/jmh ( 02/25/86) ( 29B) APPROVE) AS TO C)LATENT �a ', OP( Ai -1- \ CHESAPEAKE GAY It 111,-1_2 UC tr\N VIEW A\IE 70 1�)1'v/ ' i eJN IrPFRcoic ) __ . .. 11 i„ 17 ,, ly1 . � t% e• CP 1 s°rr� , � I I _� � , 1 , I j ' ' , , � I f ti "PKOP. 3< P RC 'D Y/ C gUC: Cdnvc;'�=.. . lo' Retia serener D r S' 3Cf ,CK i I i • CL'�A Vauh...cc 4c4 G� 1' 1 uLRUALE A\/E . 50 k/Vvl SITE i-kuput� N .--- - ,, ov y�.v LOTS A,B C �- cc s BAUCC 4 uY :.,r a e w V C .., ✓ ( Lo(: 1411S11G1751 .61:7 - 1Sui 19 JJ PI crit sr,PLFlKE PE icr ?i Vilyn�•J *A e";�1Dc 1i61.AlCI4 VIGWI'L• ,'.EACH ull 11/1 tit.. .sc -Le 11i)4 .>' IL //Jr.. 198;. Gallup Survnvorc IL Enslnenrt, Ltd. . euue.1 ! ,y," - c1-FESAPCAK - - UAY - . 1 - -..........1—z-- . i A✓iq[oX __M II W — • 10 Del _ _ I 111:\ Al .,_-_... ...- A•1 . . . • s a J a9 • 7t s 9 s.9 F_7 _ I - - III -- — -- . . • ''�,� 0--61 E&N VIE\/ n- A VE-.":i7 $ \ ` I 10 'of / y.l 1sl - ' ; I • • 11+1 163 U 4 1b/ • i . l "I� 1 �b5 I I I �4� 14.9 MAT[F1 _- • I. '- I : Pilo? 4' H,000 WAU I I III _ ° � p ` _1� io . ., _ — \_ I- / I ii �-?c,,0c.>5.5A c.,1Ac/G [v.91-' `-O 7WC .. 4a// j=-et' 2)/-/c,/.0 C. 6aTs4.),(34t�.2 C =k' r.9±.4c.> CD O N +- m M n 1h N i.N h CD 1 } I. 1 p 6- li it CY - ; - oII I� �i —LI ---11 / I 1 , lea i Y"— lJ i / i n m I c I it 1, m E a I'' I � G � rn GN i I !l /,/- 0 I,II '� 1 / I . 1 dU _ I5 ' 1 1' ° b �J '1m �. _. -N I (v.D I� 3 , a 1' 1 UU { 3 1i ktH a \ 31 (P / / //// e d0 1/ - I — T t ill CO ; N ,o ,- m o 1. I I'.I I I I)i'1 - 39 - Item II-J.11 ITEM # 25189 CONSENT AGENDA Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED: LOW BID to DJW Construction Company, Incorporated, in the amount of $96,402.75 for the construction of water and sewer improvements on Alberthas Drive and Congress Street. (These projects were by approved by Council Ordinance on November 19, 1984.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones April 7, 1986 - 40 - Item II-J. 12 CONSENT AGENDA ITEM # 25190 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED: BINGO/RAFFLE PERMITS Veterans of Foreign Wars Bingo/Raffle Fraternal Order of Police Raffle National Multiple Sclerosis Society Raffle Courthouse Recreation Association Raffle Virginia Beach High School Coaches Association Raffle St. Gregory Great Parent Teacher Group Raffle Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones April 7, 1986 - 41 - Item II-J.13 CONSENT AGENDA ITEM ft 25191 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $1,996.26 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress , Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones - 41a - FORM NO. C.A. 7 3/20/86 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Harbour Point Bldg Corp 86 RE(1/2) 40756-9 12/4/85 360.00 Emigrant Savings Bank 86 RE(1/2) 44197-8 12/5/85 82.81 Bill C & Pauline Cook 86 RE(1/2) 15633-0 12/5/85 74.00 Investors Service Corp 86 RE(1/2) 47740-3 12/5/85 24.00 Investors Service Corp 86 RE(1/2) 47762-6 12/5/85 24.00 Homestead S & L 86 RE(1/2) 33150-6 11/15/85 2.40 Donald E Wernick 86 RE(1/2) 35245-8 12/5/85 992.67 David E Dowdy 85 PP 220346-3 47229 2/24/86 5.04 Jaime Austria 85 PP 179786-8 47349 11/8/85 78.24 J A Shirley 85 PP 143541-1 47307 6/5/85 132.48 John & Dorothy Downsbrough 84 PP 180666-2 47232 1/31/86 82.19 Marvin & Lucille Foreman 86 RE(2/2) 32852-9 3/13/86 138,43 Total 1 ,996.26 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certified as to payment; were approved by / / /� the Council of the City of Virginia ‘,44__ / _ � /,{.y-y�, _' A� Beach on the 7th day of April, 19,86 Mll^U (�fC.CL/J,Le�W/1- John T. Atkinson, Treapurer Q/s, �f �� Approved as to form C�"K (-d' Ruth Hodges Smith t r City ty Clerk / . / `/ . D;frBimson, City Attorney - 42 - Item II-J.14 ITEM II 25192 CONSENT AGENDA Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $1,236.20 upon application of certain persons and upon certification of the Commissioner of Revenue for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones April 7, 1986 - 42a - FORM NO. CA.I AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Broyles, T. C. & Geroe, K. V. P. O. Box 626 Va. Beach, VA 23451 1985 Audit 586 .41 586 . 41 Gwaltney Youngblood Ltd. Attn: Joan Youngblood 47 West Queensway Hampton, VA 23669 1983/85 Audit 379. 77 379 . 77 Homier Distributing Co. , Inc. 419 Popular Street Huntington, IN 46750 1985 12/17/85 125.00 125. 00 Certified as to Payment: ABM* Rob P. Vaughan Commissioner of Re nue Approv-. as to form: i• r�- �ii.. t o� Date Bims. This ordinance shall be effective from date of •ity Attorney adoption. The above abatement(s) totaling $1,091.18 were approved by the Council of the City of Virginia Beach on the 7th day of April 1986 Ruth Hodges Smith City Clerk FORM NO. C.A.8 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Moy, Hing Hee & Heung, Wan T/A Chinese Kitchen Restaurant 152—D S. Plaza Trail Va. Beach, VA 23452 1984/85 Audit 39. 92 39,92 Plaza Leasing Corp. T/A Plaza Bingo P. 0. Box 14444 Norfolk, VA 23518 1981/85 Audit 105 .10 105 .10 Certified as to Payment: A - ''xN9A9 Roberje. Vaughan Commissioner of Reve Approved as��t77o for : 6/Grnfeat 4 //�This ordinance shall be effective from date of Attorney adoption. The above abatement(s) totaling $145. 02 were approved by the Council of the City of Virginia Beach on the 7th day of April , 1986 . Ruth Hodges Smith City Clerk - 43 - Item II-K.1 UNFINISHED BUSINESS ITEM # 25193 Robert Scott, Director of Planning, presented City Council with suggestions addressing their concerns relative REGULATION OF COMMMUNICATION TOWERS AND SATELLITE DISH ANTENNAS. Mr. Scott reiterated the following points: 1. The purpose of the proposed zoning ordinance amendments is to supplement Federal regulations to the extent possible in order to improve the aesthetics of the situation. 2. For towers over 200 feet in height, the regulation of color, lighting; et cetera, falls within the purview of the Federal Communications Commission. 3. Proposed Section 270 (f) of the Comprehensive Zoning Ordinance would require that any satellite dish mounted upon a non-residential building not extend more than 10 feet above the height limit established for the zoning district in which the structure is located. Currently there is no height requirement for these structures. The Planning Commission believes some height regulation is essential and an additional 10 feet appears to be a reasonable limitation. 4. The proposed Section 270 (c) of the Comprehensive Zoning Ordinance would require a satellite dish antenna be effectively screened from adjacent property or rights-of-way by walls, berms, fences, evergreen plants; et cetera. Perphas the term "effectively screened" can be replaced with a term such as "buffered". 5. There might be a condition added to Section 270 (h) of the Comprehensive Zoning Ordinance advising that none of these requirements shall apply to any satellite dish antenna located 200 feet or more from any public right-of-way. This added verbage might be utilized for areas where cable television is not available. As per Council's suggestions, the proposed 10-foot height requirement will be increased. Rather than the verbage suggested by the Planning Commission concerning areas were cable television is not available, it was suggested that these requirements shall not apply to AG-1 or AG-2 Zoning. BY CONSENSUS, the proposed amendments to the Comprehensive Zoning Ordinance concerning REGULATION OF CONNUNICATION TOWERS AND SATELLITE DISH ANTENNAS will be REDRAFTED and SCHEDULED for City Council within two to three weeks. April 7, 1986 - 44 - Item II-K.2. UNFINISHED BUSINESS ITEM II 25194 CAMP PENDLETON AGREEMENT Henry Ruiz, Interim Director of the RESORT AREA ADVISORY COMMISSION, presented information relative an Agreement with the Department of Military Affairs requiring payment of $10,000 prior to August 1, 1986, and $5,000 for 1985, for use of the Beach and parking areas on CAMP PENDLETON property. Camp Pendleton (DMA) reclaimed 400 lineal feet of beach leaving approximately 600 feet for public use. This action was provoked by the Navy's decision to construct a chainlink fence on their northern boundary adjacent to Camp Pendleton's southern property line. This physical barrier has since limited DMA's use of the beach to the south, and the basis for reclaiming 400 feet of the original 1000 feet previously agreed for public use. The Eastern Surfing Association represented their concerns on the loss of public beach at a meeting held in Richmomnd with the Virginia Beach delegation and a Member of the Governor's Cabinet, again with pending results. A forthcoming meeting scheduled for April will be directed to the Federal delgation, DMA and the Navy. The Mayor appointed a Committee of two Council Members, H. Jack Jennings, Jr. and Nancy A. Creech, to investigate new opportunities to reclaim 400 feet of beach extracted from the pending agreement. Negotiations with the Navy at a local level were not successful, further dicussions would have to be directed to Washington. The Governor's office was also contacted with pending results. In addition, the Federal delegation was briefed via correspondence on the current issue at Camp Pendleton. The Staff recommended proceeding with the current agreement. Councilman Jennings requested the AGREEMENT be MODIFIED in the third paragraph, line 3: 800 feet shall be substituted for 600 feet. ". . .The Commonwealth authorizes the City, and its franchisees and agents (hereinafter collectively referred to as the "City"), to use the beach area consisting of 696 800 feet of beach/ocean front commencing at the North end of the Commonwealth's property . . . Paul West, Surfer and Chairman of the Pendleton Preservation Committee, presented an update on the Committee's activites. BY CONSENSUS, City Council SCHEDULED the CAMP PENDLETON AGREEMENT for the City Council Meeting of April 14, 1986. April 7, 1986 - 45 - Item II-K.3 UNFINISHED BUSINESS ITEM # 25195 The following spoke concerning a PROPOSED CONFLICT OF INTERESTS ORDINANCE: Robert Galewski, member of the MAYOR'S CODE OF ETHICS COMMITTEE, disagreed with the verbage contained in the definition of "Personal Interest", and the phraseology in "Business Ownership or Participation", Section 2.b. , concerning a third party. In Section 2.d, the verbage was changed from "part owner" to "majority owner". Mr. Galewski also disagreed with Section 2.e. "Purchased real estate" was eliminated under Section 4.b. , Real Estate. City Council should not appoint the legal advisor. The CONFLICT OF INTERESTS ADVISORY COMMITTEE should appoint said legal advisor, if same is necessitated. Sheldon Corner, Chairman MAYOR'S CODE OF ETHICS COMMITTEE, advised the CODE OF ETHICS Resolution should be ADOPTED, but not the CONFLICT OF INTERESTS ORDINANCE. BY CONSENSUS, City Council scheduled for the City Council Meeting of April 14, 1986, the CONFLICT OF INTERESTS ORDINANCE. - 46 - Item II-K.4 UNFINISHED BUSINESS ITEM 4 25196 Roy Mendelsohn, Director of Construction Services - Christian Broadcating Network, represented the applicant OPPOSITION: Reverend R. B. Lewis, Pastor of the Newlight Baptist Church. Reverend Thomas Jennings represented the Newlight Civic League. A MOTION was made by Councilwoman Oberndorf, seconded by Councilman McCoy, to NOT RECONSIDER a WAIVER TO A CONDITION imposed June 15, 1981, on an Ordinance upon application of THE CHRISTIAN BRODCASTING NETWORK, INC.. A SUBSTITUTE NOTION was made by Councilman Jennings, seconded by Councilman Fentress, to RECONSIDER a WAIVER TO A CONDITION imposed June 15, 1981, on an Ordinance upon application of THE CHRISTIAN BROADCASTING NETWORK, INC. Voting: 2-7 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: H. Jack Jennings, Jr. and Robert E. Fentress Council Members Voting Nay: John A. Baum, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 47 - Item II-K.4 UNFINISHED BUSINESS ITEM II 25196 (Continued) Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council voted NOT TO RECONSIDER a WAIVER TO A CONDITION imposed June 15, 1981, on an Ordinance upon application of THE CHRISTIAN BROADCASTING NETWORK, INC. CC 002 ORDINANCE UPON APPLICATION OF CHRISTIAN BROADCASTING NETWORK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT Z0681579 Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from R-8 Residential District to B-2 Community Business District on certain property located on the south side of Indian River Road beginning at a point 770 feet east of Centerville Turnpike, running a distance of 1295.75 feet along the south side of Indian River Road, running a distance of 1516.69 feet along the eastern property line, running a distance of 661.61 feet along the southern property line, runing a distance of 1039.20 feet in a northeasterly direction, running a distance of 633 feet in a northwesterly direction and running a distance of 734.91 feet in a northeasterly direction. Said parcel contains 28 acres. KEMPSVILLE BOROUGH. The Condition to be AMENDED: The applicant has voluntarily agreed to prepare a recordable agreement advising that a 150-foot buffer along the eastern property line will remain R-8 Residential District; AND a 150-foot Buffer along the Southern property line will remain R-5 Residential District. Voting: 7-2 Council Members Voting Aye: John A. Baum, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Robert E. Fentress and H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech and Louis R. Jones April 7, 1986 - 48 - Item II-K.5. UNFINISHED BUSINESS ITEM 0 25197 Giles Dodd, Assistant City Manager for Administration, presented the CITY OF VIRGINIA BEACH, VIRGINIA INTERIM FINANCIAL STATEMENTS for the Period July 1, 1985 through February 28, 1986. (Said copy of same is hereby made a part of the record). Mr. Dodd referenced Page 2.2 of said report - three Revenues in the OTHER LOCAL TAXES category. The receipts of same have not been as high as anticipated: Automobile Licenses, Cigarette Taxes; and Amusement Taxes. Mr. Dodd further referenced Page 2.4 School Operating Fund. The Schools have received approximately $1-1/2 MILLION more from the Federal Government than had been estimated. This was due to collection from prior years and a change in the formula. On Page 3.1, Exhibit Highlights it is noted, City Council through February 28, 1986, has appropriated an additional $27,207,430. The School Operating Fund appropriations and estimated revenue amounts differ by the $2,078,350 appropriated from the School Operating Fund Balance for outstanding encumbrances at June 30, 1985, brought forward. Same is reiterated on Page 3.2. - 49 - Item II-K.6 UNFINISHED BUSINESS ITEM II 25198 ADD-ON Councilman Jennings referenced Harland Bartholomew and Associates' final recommendation concerning the MASTER STREET AND HIGHWAY PLAN and requested the Report be brought to City Council next week in order that the question of OLD DONATION PARKWAY may be resolved. The City Staff advised Council would receive copies of a DRAFT of this Report on April 14, 1986. The FINAL REPORT is not yet available. April 7, 1986 - 50 - Item II-L.1 NEW BUSINESS ITEM 4 25199 BY CONSENSUS, City Council took NO ACTION on RECONSIDERATION NO. CC 004: GREAT NECK ASSOCIATES' request to remove the earth berm as a condition of approval granted August 6, 1979, in the applicatons of SUNSTRBAM PARK, INCORPORATED for changes of zoning, Salem Lakes (Kempsville/Princess Anne Borough). April 7, 1986 - 51 - Item II-L.2. NEN BUSINESS ITEM 11 25200 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council CANCELLED: Regular Meeting of May 26, 1986 (City Holiday - Memorial Day) Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Louis R. Jones and Barbara M. Henley April 7, 1986 - 52 - Item II-M. RECESS INTO EXECUTIVE SESSION ITEM 0 25201 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman McCoy, seconded by Councilman Baum, City Council, voted to RECESS INTO EXECUTIVE SESSION for discussion of Publicly Held Property and Legal Matters, after which to adjourn (6:45 P.M.). 1. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Louis R. Jones and Barbara M. Henley A...41 7 704A - 53 - Item II-N ADJOURNMENT ITEM 6 25202 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the meeting at 7:00 P.M. ,<I>r ) Beverlf 0. Hooks Chief Deputy City Clerk di/ , th Hodg-'" Smith, CMC City Clerk a or Harold H-ischober City of Virginia Beach Virginia April 7, 1986 - 53 - Item II-N ADJOURNMENT ITEM 25202 8 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the meeting at 7:00 P.M. Beverly 0. Hooks Chief Deputy City Clerk ► • / , a R th Hodges math, CMC a or Hararo d—e sc ober City Clerk City of Virginia Beach Virginia April 7, 1986