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Home My WebLink AboutAPRIL 14, 1986 MINUTES @it@ C).f "WORLD'S LARGEST RESORT CITY" cTrYCOUNCIL MAYOR HAROLD REISCHOBFR. At L-g. VICE-MA YOR @ S. M@CLANAN. P-,, A- @h JOHN A. HAERM, B&.@@ B-wh NANCYA. CREECH, At Lw ROBFRrE @, V@ Jk-h @h BARRARA M BE@, P..v &-gh M. JACK JEIYNINGS, JR., Ly..".- B-gh LOUIS R. JONES, B"@ @h ROBFRr G. JOAW, At @ J. HENRY MCOY, JR., K-p.@ B-gh MEYERA E. OBERAIDORF, At 281 CrrYMALJ, BUILDIVG MUNICIPAL C@ RU7'H HODGES SMNW, CMC, Cty @k CITY COUNCIL AGENBA Vli?rINIA BFA CH VIRGRNIA W456-om [8041427-4303 April 14, 1986 Virginia Beach City Council BRIEFING: Personal Property Tax - Conference Room - 12:00 PM Mr. Robert Vaughan and Mrs. Patricia Phillips 1TEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 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 John H. Jordan Jr. Galilee Episcopal 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 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve the Minutes of April 7, 1986. C. PROCLAMATION 1. National YWCA Week - April 20, 1986 H. PLANNING - BY CONSENT 1. Application of Robert E. and Leeane D. Sears for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance located on the south side of Kingfisher Court west of Bobolink Drive (Lynnhaven Borough). Recommendation: APPROVAL 2. Application of Runnymede Corporation for a change of zoning from B-2 Community-Business District to I-1 Light Industrial District located on the west side of Butternut Lane south of Bonney Road on Lots 21-A and 22-28, Block C, containing 31,363 square feet (Lynnhaven Borough). Recommendation: APPROVAL 3. Application of Carlton Arms Associates, Inc. for a change of zoning from B-5 Resort Commercial District to H-2 Resort Hotel District located at 410 A & B 5th Street on Lot 5, Block 8, containing 7,250 square feet (Virginia Beach Borough). Recommendation: APPROVAL 4. Application of Kempsville Lake #1 Partnership and Michael S. Malbon for a change of zoning from R-8 Residential District to PD-H2 ilanned Unit Development District located at 895 Old Dam Neck Road, containing 2.419 acres (Princess Anne Borough). Recommendation: APPROVAL 5. Application of Whit G. Summers Jr. for a conditional use permit for a single family residence in the AG-1 Agricultural District located on the south side of Nanny's Creek Road west of Muddy Creek Road, containing 6.121 acres (Pungo Borough). Recommendation: APPROVAL 6. Application of Christ C@nity Church for a conditional use permit for a church and related facilities located at the northeast intersection of Salem Road an@ Lynnhaven Parkway, containing 5.439 acres (Kempsville Borough). Recommendation: APPROVAL 7. Application of Jane R. Brown t/a B & B Keyboard Center for a conditional use permit for teaching music located at 1072 Old Kempsville Road, containing 2.3 acres (Kempsville Borough). Recommendation: APPROVAL II. H. 8. Application of Marie Reese for a conditional use permit for a pre-school located at the northeast intersection of Old Princess Anne Road and Nimmo Church Lane, containing 23,958 square feet (Princess Anne Borough). Recommendation: APPROVAL 9. Application of Rock Christian Network for a conditional use permit for a TV transmitter tower and satellite up-link site located at 2865 Indian River Road, containing 802 acres (Princess Anne Borough). Recommendation: APPROVAL 10. Application of Little Piney Grove Baptist Church for a conditional use permit for a cemetery located at 665 Princess Anne Road, co.@taining 41,095 square feet (Pungo Borough). Recommendation: APPROVAL I. PLANNING - RECONSIDEPATION 1. REQUEST FOR RECONSIDERATION No. CC-001: Waiver to condition imposed June 18, 1973, in street closure petition of Ninitz, Taylor, Scott and Culpepper (Lynnhaven Borough). J. PLANNING 1. Ordinance for the discontinuance, closure and abandonment of a portion of Weber Avenue in the petition of Gary Baird (Kempsville Borough). Recommendation: APPROVAL 2. Ordinance for the discontinuance, closure and abandonment of a portion of Branksome Drive in the petition of PS Associates 11, Ltd. (Kempsville Borough). Recommendation: APPROVAL 3. Application of Perkins Building Corporation for a change of zoning from A-1 Apartment District to A-2 Apartment District 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 DEFERRED April 7, 1986 4. Application of Southern Starr Broadcasting for a conditional use permit for a radio transmitter link antenna tower located at 242 Mustang Trail, containing 2.8 acres (Lynnhaven Borough). Recoinmendation: APPROVAL 5. Application of Edna Carroll for a conditional use permit for a mobile home for farm laborer located at 345 Princess Anne Road, containing 90.343 acres (Pungo Borough). Recommendation: APPROVAL II. J. 6. Applications of the City of Virginia Beach: a. To amend Section 6.3 of the Subdivision Ordinance pertaining to final plats and data. b. To amend and reordain Article 1, Section 108 of the Comprehensive Zoning Ordinance pertaining to posting of signs relating to applications for rezoning, conditional use permits and appeal for variances. c. To amend and reordain Article 11, Part C of the Comprehensive Zoning Ordinance pertaining to PD-H2 Planned Unit Development District. d. To establish a Historic and Cultural District located at the southeast corner of General Booth Boulevard and Princess Anne Road, containing 3.25 acres (Princess Anne Borough). e. Resolution directing the Planning Commission to make its recommendation concerning a proposed amendment to Section Ill of the Comprehensive Zoning Ordinance pertaining to the definition of a day care center. K. RESOLUTIONS - INDUSTRIAL DEVELOP14ENT REVENUE BONDS 1. Resolutions approving the issuance of Industrial Development Revenue Bonds: a. Richardson Associates Inc. Facility $7,725,000 b. Robert de Grouche/Ocean Gardens Motel $1,500,000 c. Architectural Graphics, Inc. $2,250,000 d. Bay Properties $ 525,000 e. Edward T. Fischer and Frank T. Guthrie $ 980,508 L. RESOLUTIONS/ORDINANCES 1. Ordinance to transfer appropriations totaling $58,500 for the contracting of lifeguard services at Croatan, Camp Pendleton and Fort Story beaches and to authorize the City Manager to enter into those contracts. 2. Ordinance to amend and reordain Section 2-117 of the Code of the City of Virginia Beach pertaining to overtime pay and compensatory time, and incidental Code Amendments, in compliance with Fair Labor Standards Act. 3. Resolution of the City of Virginia Beach adopting a Code of Ethics to apply to all elected and appoi@ited officials of the City of Virginia Beach. 4. Ordinance establishing a Conflict of Interests ordinance for the City of Virginia Beach, Virginia; requiring certain disclosures and providing for the enforcement thereof; and, establishing penalties for violations. M. 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. Agreement with the United States Department of Military Affairs for payment of use of the beach and parking areas on Camp Pendleton property. m. 2. Ordinance granting a franchise to Princess Anne Inn, Inc. to operate an open air/stub street park cafe, and authorizing and directing the City Manager to execute a franchise agreeakent, subject to the conditions contained and/or referenced herein. 3. Ordinance granting a franchise to Kona Koast Corporation to operate an open air/boardwalk cafe, and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced herein. 4. Ordinance granting a franchise to Oceanside Investment Association to operate an open air/boardwalk cafe, and authorizing aid directing the City Manager to execute a franchise agreeinent, subject to the conditions contained and/or referenced herein. 5. Ordinance, on FIRST READING, to appropriate funds to acquire the site for Project #3-950 Juvenile Court building and to authorize the City Manager to enter into negotiations for the acquisition of the Juvenile Court site and for the purchase of options o,.i other property for the Muncipal Complex. 6. Ordinance, on FIRST READING, to accept $2,900 from the Federal Highway Safety Grants Program. 7. Ordinance to transfer $82,082 of capital project appropriations to fund the acquisition of right-of-way for London Bridge Road Phase I. 8. Ordinance to transfer $81,000 within the Department of General Services for the purchase of microwave transmission system for fire and smoke alarms. 9. Ordinance to transfer $65,000 of appropriations to finance a consultant contract with Cresap, McCormick and Paget for the preparation of an executive and classified pay plan and for performance appraisal review and recommendations. 10. Ordinance for the appointment of viewers in petition of Runnymede Corporation for the closure of a portion of Pleasure House Road. 11. Low Bid to Higgerson-Buchanan, Inc. in the amount of $1,750,993 for the construction of Landfill No. 2 Improvements (Clay Cap). N. UNFINISHED BUSINESS 1. Camp Pendleton Agreement: Staff Presentation 2. Master Street and Highway Plan - Old Donation Parkway 0. NEW BUSINESS P. ADJOURNMENT 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 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G PERSONAL PROPERTY TAX April 14, 1986 12:10 P.M. The BRIEFING was called to order by Mayor Harold Heischober in the Conference Room on April 14, 1986, at 12:10 P.M. The Deputy City Manager introduced Robert Vaughan, Commissioner of Revenue, who advised the City of Virginia Beach taxes most classes of personal property at the rate of $6 per $100 of assessed valuation; however, the basis of assessment is generally based on an assessment ratio of 50% of the retail value. In comparison, other localities in Hampton Roads value solely on loan value while we in this City have an assessment ratio placed upon the assessed value by Council. The Department of Taxation has questioned the City as not being in compliance with the State Code of Taxation, Title 58.1 - Section 3503. In an effort to lessen the confusion and allow comparison of true tax burden among localities, the Commissoner of the Revenue proposed the assessment of passenger vehicles sould be based on 100% of the loan value as contained in a recognized pricing guide. In addition, assessments of business personal property will be reduced proportionately and boat assessments will be uniformly assessed at the lowest available value. All other classes of personal property will remain unchanged. For all classes of personal property with a rate of $6 in the proposed FY 1986-87 OPERATING BUDGET, a tax rate of $3.80 will reflect these changes in assessment methods but will be -revenue neutral" to the government. However, a change of this magnitude, while "revenue neutral" to the government, will affect every taxpayer in a different way, becuase the rate is based on the weighted average relationship between loan and retail values of vehicles taxed in 1985. Patricia Phillips, Director of Research and Development, prepared a rather indepth study concerning PERSONAL PROPERTY RATES. Said study is hereby made a part of the record. Concerning automobiles-, trucks and trailers, Mrs. Phillips advised the rates very widely among Virginia localities with the basis of assessment usually loan value as determined by the NADA Appraisal Guides or National Market Reports. Virginia Beach is the only City in the surrounding area that assesses based on 50% of the retail value. Mr. Vaughan's proposed change will result in uniformity. Several Virginia Commissioners of the Revenue have formed a task force to study this issue of uniformity of taxation among localities. The personal property tax rate of $6.00 per $100 of assessed valuation has long been the rate used in Virginia Beach. However, the assessment ratio has been changed substantially over the years, reflecting an increase in the effective tax rate. The authority for the assessment ratio lies with the Commissioner of the Revenue as a part of the assessment function. B R I E F I N G (Continued) Approximately 11.6% of all cars and trucks will experience a tax increase in the first year of change as compared to the prior year. This is primarily due to a more correct asessment of some older model cars. The taxation of boats has always posed special problems in Virginia Beach due to the substantial number in existance. In an effort to equitably tax boats in Virginia Beach, the following recommendations were cited: 1. Pursue changes in the State Code that wil eliminate conflict In and/or facilitate assessing boats. a. Annual boat registration by the Commission of Game and Inland Fisheries, and/or authority for localities to require annual registration. b. Require marina ownerns to submit more information, more often 2 Support the current effort of the Hampton Roads Commissioners of Revenue Steering Committee on Boats to adminstratively improve boat assessments through: a. Monthly summaries of new boat registrations and sales from the Commission of Game and Inland Fisheries b. Use of social security numbers to determine residency. C. Uniform assessment of boats in Virginia. d. Other steps necessary to determine taxability. e. Other steps necessary to prorate personal property taxes on boats. The City Staff will provide Council with a "random sampling" of the personal property taxes paid by the larger category of boats, now and after the change in the assessment. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 14, 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 14, 1986, at 1:00 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None - 2 - ITEM # 25203 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 pote,@itial litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. lienry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 14, 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 14, 1986, at 2:10 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION-. Reverend John H. Jordan, Jr. Galilee Episcopal Church PLEDGE OF ALLEGIMCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 25204 Councilman Fentress referenced an Ordinance granting a franchise to Princes Anne Inn, Inc., to operate an open air/stub street park cafe, and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced therein. (See Item II-M. 2). Councilman Fentress wished to be advised on the location of this particular open air/stub street park cafe. Mayor Heischober advised, as several Council Members were concerned over Items M. 2, 3, and 4, concerning open air/boardwalk cafes, these items would be pulled for discussion for an overall explanation of the geography of locations. - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ITEM # 25205 Mayor Heischober advised Aubrey C. Watts, the Deputy City Manager, was substituting for the City Manager, as he was in Richmond relative State and City business. Item II-E.2 ITEM # 25206 Councilman Louis Jones referenced an application of Kempsville Lake 11 Partnership and Michael S. Malbou for a change of zoning from R-8 Residential District to PD-H2 Planned Unit Development District located at 895 Old Dam Neck Road, containing 3.419 acres (Princess Anne Borough). (See Item II-H.4 of the PLANNING - BY CONSENT AGENDA). Councilman Jones wished this item pulled for a separate vote. Item II-E.3 ITEM # 25207 Vice Mayor McClanan referenced an application of Rock Christian Network for a conditional use permit for a TV transmitter tower and satellite up-like siFe located at 2865 Indian River Road, containing 802 acres Princess Anne Borough). (See Item II-H.9 of the PLANNING - BY CONSENT AGENDA). This item will be pulled for a separate vote. April 14, 1986 6 Item II-G.1 PROCLAMATION ITEM 25208 Mayor Heischober PROCLAIM the week of April 20-26, 1986: MATIONAL YWCA WEEK This PROCLAMATION recognized the YWCA and its members in more than 400 Associations in 49 states, as it embarks on its voyage of continuing service to women and girls for the rest of this century and well into the next. Laura Hamilton, Public Relations Director for the YWCA of Tidewater, ACCEPTED this PROCLAMATION. 6 a WHEREAS, the YWCA of the U.S.A. has worked on behalf of women and girls for over 13 decades (it was in business before Lincoln's presidency) and has brought about social change which affects all our lives; and WHEREAS, the organization has a presence in some 80 countries through its membership in the World YWCA, extending its programs and commitment worldwide; and WHEREAS, the YWCA's past experience enriches the present; its focus for today is on the future; and WHEREAS, no successful adventure is undertaken without thoughtful planning. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of April 20-26, 19B6 as NATIONAL YWCA WEEK in Virginia Beach and salute the YWCA of the U.S.A. and its members in more than 400 Associ.ations in 49 states, as it embarks on its voyage Gf continuing service to women and girls for the rest of this century and well into the next. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach to be affixed this fourteenth day of April, nineteen hundred and eighty-six. Harold Heischober Mayor 7 Item II-F.1 MINUTES ITEM # 25209 Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council APPROVED the MINUTES of April 7, 1986, as CORRECTED. CONSENT AGENDA - ITEM # 25183 - PAGE 32 The CAPTION of the Ordinance presented to City Council was INCORRECT, Capital Project Funds were incorrectly shown as $84,005. The Capital Project Funds should have been listed as $50,803. Ordinance to transfer "+,@ $50,803 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 agreemeut with Terry/Peterson Development Corporation A CORRECTED Ordinance is hereby made a part of the proceedings. 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 Abstaining: Nancy A. Creech and Louis R. Jones Council Members Absent: Robert G. Jones *Verbal Vote - /a - AN ORDINANCE TO TRANSFER $50,803 OF CAPITAL PROJECT FUNDS TO ESTAELISH 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 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 WHERFAS, 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 #2-060 Shore Drive-In Site Drainage is hereby established as a capital project, and that $50,803 is transferred from project #2-837 Various Public Improvements to project #2-060 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 Seventh day of April 1986. 8 Item II-H. PLANNING BY CONSENT ITEM 25210 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council APPROVED in one MOTION Items II-H.1, 2, 3, 5, 6, 7, 8, and 10. Items II-H.4 and II-H.9 were voted upon separately. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creec@ Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,* Louis R. Jonesl- 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: None *Councilwoman Creech VERBALLY ABSTAINED on Items II-H.2, II-H.3. and II-H.4. Councilman H. Jack Jennings, Jr. VEPBALLY ABSTAINED on Item II-H.3.,II-H.4. and II-H.9. Councilman Louis Jones VERBALLY ABSTAINED on Item II-H.10. 9 Item II-H.1 PLANNING BY CONSENT ITEM 25211 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council APPROVED the application of ROBEPT E. AND LEEANE D. SEARS for a Variance to Section 4.4(b) of the Subdivision ordinance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Robert E. and Leeane D. Sears. Property located on the south side of Kingfisher Court, 430.8 feet west of Bobolink Drive. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None - 10 - Item II-H.2 PLANNING BY CONSENT ITEM # 25212 Uon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of RUNNYMEDE CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF RUNNYMEDE CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO I-1 Z04861077 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Runnymede Croporation for a Change of Zoning District Classification from B-2 @ommunity-Business District to I-1 Light Industrial District on the west side of Butternut Lane, 523.42 feet south of Bonney Road on Lot 21-A and Lots 22-28, Block C, Rosemont Corporation. Said parcels contain 31,363 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: Nancy A. Creech Council Members Absent: None Item II-H.3. ITEM 25213 PLANNING BY CONSENT Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of CARLTON ARMS ASSOCIATES, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF CARLTON ARMS ASSOCIATES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-5 TO H-2 Z04861078 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carlton Arms Associates, Inc., for a Change of Zoning District Classification from B-5 Resort Commercial District to H-2 Resort Hotel District on Lot 5, Block 8, Ocean Lot Investment Company. Said parcel is located at 410 A & B 5th Street and contains 7250 square feet. VIRGINIA BEACH BOROUGH. The following condition shall be required: 1. Resubdivision of the property to combine tbe lot into the adjoining parcels zoned H-2 in order to insure that the H-2 minimum lot area and lot width requirements are met. The OWNER or LEGAL REPRESENTATIVE for the owner, has reveiwed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eighty-six. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, 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: Nancy A. Creech and H. Jack Jennings, Jr. Council Members Absent: None STATEMENT OF CONSENT APPLICANT: Carlton Arms Associates, Inc. APPLICATION: Change of Zoning District Classification DESCRIPTION: From B-5 Resort-Commercial District to H-2 Resort-Hotel District located at 410 A & B Street CITY COUNCIL SESSION: April 14, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), RAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BF-ACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Resubdivision of the property to combine the lot into the adjoining parcels zoned H-2 in order to insure that the H-2 minimum lot area and lot width requirements are met. Ownei-' By- z- Owaer/Attorney, Date: - 12 - Item II-H.4. PLANNING ITEM # 25214 Attorney Grover Wright represented the applicant and advised same was in compliance to an engineering requirement. Rae H. LeSesne, represented the Council of Civic Organizations, and spoke in OPPOSITION to said application. A MOTION was made by Councilman Baum, seconded by Councilwoman Creech to ADOPT an Ordinance upon application of KEMPSVILLE LAKE #l PARTNERSHIP and MICHAEL S. @N for a Change of Zoning from R-8 Residential District to PD-H2 Planned Unit Development District located at 895 Old Dam Neck Road, containing 2.419 acres (Princess Anne Borough). Voting: 5-3* Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, 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 Abstaining: Nancy A. Creech*, H. Jack Jennings, Jr.*, and Louis R. Jones Council Members Absent: None *VERBALLY ABSTAINED This VOTE was CANCELLED as Councilwoman Creech had mistakenly seconded this application. Councilwoman Creech had previously advised of her proposed ABSTENTION on this application. - 13 - Item II-H.4 PLANNING ITEM # 25214 (Continued) A MOTION was made by Councilman Baum, seconded by Councilman Fentress, to ADOPT an Ordinance upon application of KEMPSVILLE LAKE fl PARTNERSHIP and MICHAEL S. MALBON for a Change of Zoning-. ORDINANCE UPON APPLICATION OF KEMPSVILLE LAKE #1 PARTNERSHIP AND MICHAEL S. MALBON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2 Ordlnance upon application of Kempsville Lake #1 Partnership and Michael S. Malbon for a Change of Z7nin i otrpidct Classification from R-8 Residential D trl D I t z -H2 Planned Unit Development District as a modification to Ocean Lakes Land Use Plan on property located at 895 Old Dam Neck Road. Said parcel contains 2.419 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 5-3* Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, 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 Abstaining: Nancy A. Creech, H. Jack Jennings, Jr., and Louis R. Jones Council Members Absent: None *This Ordinance was DENIED as the City Code requires the affirmative vote must represent a majority of the Eleven City Council Members. April 14, 1986 - 14 - Item II-H.5. PLANNING BY CONSENT ITEM # 25215 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of WHIT G. S JR. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WHIT G. SUMMERS, JR., FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY RESIDENCE R0486819 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Whit G. Summers, Jr., for a Conditional Use Permit for a single family residence in the AG-1 Agricultural District on certain property located on the south side of Nanny's Creek Road, 460 feet west of Muddy Creek Road. Said parcel contains 6. 121 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. The following condition shall be required: 1. A dedication of right-of-way along the frontage on Nanney's Creek Road in order to provide for an ultimate 66-foot right-of-way as per the Master Steet and Highway Plan. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth dav of ADril. NinateAn Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None STATEMENT OF CONSENT APPLICANT: Whit G. Summers, Jr. APPLICATION: Conditional Use Permit DESCRIPTION: For a Single-Family Residence in AG-1 Agricultural District CITY COUNCIL SESSION: April 14, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A dedication of right-of-way along the frontage on Nanney's Creek Road in order to provide for an ultimate 66-foot right-of-way as per the Master Street and Highway Plan. Owner By: Owner/At @/Agent /0 Date: qll @/19 6 15 - Item II-H.6 PLANNING BY CONSENT ITEM 25216 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of CHRIST COMMITY CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHRIST COMMUNITY CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND RELATED ACTIVITIES R0486820 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Christ Community Church for a Conditional Use Permit for a church and related facilities on certain property located at the northeast intersection of Salem Road and Lynnhaven Parkway (Proposed). Said parcel contains 5.439 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 1. A dedication along the frontage on Salem Road as per the Salem Road alignment on file in the City Engineer's Office. The OWNER or LEGAL REPRESENTATIVE for the owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council for the City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, 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: None STATEMENT OF CONSENT APPLICANT: The Christ Community Church APPLICATION: Conditional Use Permit DESCRIPTION: For a Church and Related Facilities CITY COUNCIL SESSION: April 14, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), LIAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COM4ISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATTVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO-. 1. A dedication along the frontage on Salem Road as per the Salem Road alignment on file in the City Engineer's Office. Owner By: Owner/Attorney/Agent Date; 16 - Item II-H.7. PLANNING BY CONSENT ITEM # 25217 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of JANE R. BROWN t/a B & B KEYBOARD CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JANE R. BROWN, T/A B & B KEYBOARD CENTER FOR A CONDITIONAL USE PERMIT FOR TEACHING MUSIC R0486821 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jane R. Brown, T/A B & B Keyboard Center for a Conditional Use Permit for teaching music at the northeast corner of Old Kempsville Road and Alton Road. Said parcel is located at 1072 Old Kempsville Road and contains 2.3 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eigbty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None - 17 - Item II-H.8 PLANNING BY CONSENT ITEM # 25218 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of KARIE REESE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MARIE REESE FOR A CONDITIONAL USE PERMIT FOR A PRE-SCHOOL R0486822 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Marie Reese for a Conditional Use Permit for a pre-school on certain property located at i-he northeast intersection of Old Princess Anne Road and Nimmo Church Lane. Said parcel contains 23,958 square feet more or less. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Subject to an evaluation and approval by the City Department of Health of improvements to the septic tank system. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None STATEMENT OF CONSENT APPLICANT: Marie Reese APPLICATION-. Conditional Use Permit DESCP,MION: For a Pre-School CITY COUNCIL SESSION'. April 14, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), EIAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CTTY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Subject to an evaluation and approval by the City Department of Health of improvements to the septic tank system. Owner By: Owner/Attorney/Agent Date: / cts, I'@,f6 - 18 - Item II-H.9 PLANNING ITEM # 25219 Thomas J. Laurendeau, Assistant Administrator, represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of ROCK CHRISTIAN NETWORK for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROCK CHRISTIAN NETWORK FOR A CONDITIONAL USE PERMIT FOR A TV TRANSMITTER TOWER AND SATELLITE UP-LINK SITE R0486823 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rock Christian Network for a Conditional Use Permit for a TV Transmitter Tower and satellite up-link site on the south side of Indian River Road, 4600 feet more or less west of West Neck Road. Said parcel is located at 2865 Indian River Road and contains 802 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A 30-foot dedication along the frontage on Indian River Road, 45 feet from the centerline of the old 30-foot right-of-way to provide for an ultimate 90-foot right-of-way as per the Master Stret and Highway Plan. 2. Approval by the FAA of the antenna's height and location with regards to the U.S. Naval Air Field flight path at Fentress Station. 3. Conformance to the Comprehensive Zoning Ordinances concerning COMMUNICATION TOWERS AND SATELLITE DISH ANTENNAS pending the recommendation by the Planning Commission and adoption by City Council. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eighty-six. - 19 - Item II-H.9 PIAMING ITEM # 25219 (Continued) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Louis R. Jones - 20 - Item II-H.10 PLANNING BY CONSENT ITEM # 25220 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of LITTLE PINEY GROVE BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LITTLE PINEY GROVE BAPTIST CHURCH CONDITIONAL USE PERMIT FOR A CEMETERY R0486824 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Little Piney Grove Baptist Church for a Conditional Use Permit for a cemetary on certain property beginning at a point 408.89 feet west of Princess Anne Road, 373.09 feet north of Buzzard Neck Road. Said parcel is located at 665 Princess Anne Road and contains 41,095 square feet. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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 Abstaining: Louis R. Jones Council Members Absent: None - 21 - Item II-I.1 pLANNING - RECONSIDEELATION ITEM # 25221 Attorney David Miller represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED a WAIVER to a Condition imposed June 18, 1973, in the petition of NINITZ, TAYLOR, SCOTT AND CULPEPPER for the closure of a portion of Holly Boulevard (Lynnhaven Borough). The Condition to be WAIVED: Reservation of a 20-foot drainage & utility easement. This Condition shall be @ED to: Dedication of a 5-foot standard drainage and utility easement along the eastern boundary, Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, 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: None April 14, 1986 - 22 - Item II-J.1 PLANNING ITEM # 25222 Gary Baird, the applicant, represented the Townhouse Association Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED for COMPLIANCE until the City Council Meeting of October 20, 1986, an Ordinance upon application of GARY BAIRD f or the discontinuance, closure and abandonment of a portion of Weber Avenue. Application of Gary Baird for the discontinuance, closure and abandonment of a portion of Weber Avenue beginning at the northern boundary of Station Street, 163.63 feet west of College Park Bouelvard and running in a northwesterly direction to the Virginia Beach-Chesapeake City Line. Said parcel is 50.90 feet in width and contains 12,333 square feet more or less. Plats with more detailed information are available In the Department of Planning. KEMSPVILLE BOROUGH. The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into the adjoining parcels and to insure that all lots have access to a public street. 2. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 3. Closoure of this right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, 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: Louis R. Jones April 14, 1986 - 22a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS WEBER AVENUE, LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PRE- LlMlNARY PLAT PURSUANT TO THE CLOSING OF WEBER AVENUE, AS SHOWN ON PLAT OF SHEET 1, AMENDED SUBDIVISION OF DORCHESTER VILLAGE, KEMPSVILLE-BOROUGH-VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Dorchester Village Home Association, that it would make application to the Council of the City of Virginia Beach, Virginia, on February 10, 1986, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated: NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: That certain portion of Weber Avenue to be vacated as described below, as more fully shown on the plat entitled, "Preliminary Plat Pursuant to the closing of Weber Avenue as shown on Sheet 1, Amended Sub- division of Dorchester Village, Kempsville Borough, Virginia Beach, Virginia", in Map Book at page and more particularly described as follows, to wit: Beginning at a pin located on the North side of Station Street 163.63', more or less, from the Northwest intersection of College Park Boulevard and Station Street, running S 62' 37' 05" W, 50.901, thence running N 38@ 11' 42" W 87.38' to the di- viding line between the City of Virginia Beach and the City of Chesapeake; thence running along said dividing line N 13' 05' 07" W 117.82' to a pin lo- cated on the east side of Weber Road; thence running S 38' 11' 42" E a distance of 205.08 feet to the point of beginning. - 22b 2 - Said Parcel of land being a portion of Weber Avenue as in- dicated on that certain plat of property to be vacated for Dorchester Village Home Association, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book I at page and which is made apart hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in tha name of the City of Virginia Beach, as grantor. SECTION Ill 22c JETT, BEP.KIEY, FUILP, PRICE @r.vs AT LAW 49- 323 WW pkta@ @ET 0".-.07a MAIL @SS: P. 0. @ 1030 A*96@10, la. WOR.FOLK, VIRGINIA 23501 ...... TI ........ I.TTI.1 CERTIFICATE OF VESTING OF TITLE I, John D. Padgett attorney for porchester Village Home do hereby certify that: 1. I am an attorney at law and represent porchester vill.@. H@.@g A..@i.tinn I 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 Dorchester Village Home Owners the adjacent landowners, The said property referred to herein is hereby described as follows: See Exhibit "A" attached hereto. D. Pad - 23 - Item II-J.2 PLANNING ITEM # 25223 Attorney Wallace B. Smith represented the applicant and advised City Council that the principals of PS Associates II, Ltd. are a California based organization who operate Public Storage Management facilities in Tidewater. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED for COMPLIANCE, until the City Council Meeting of October 20, 1986, an Ordinance upon application of PS ASSOCIATES 11, LTD. for the discontinuance, closure and abandonment of a portion of Branksome Drive. Application of PS Associates II, Ltd., for the discontinuance, closure and abandonment of a portion of Branksome Drive located 590 feet more or less northeast of South Independence Boulevard, 520 feet northwest of Edwin Drive and running in a northwesterly direction a distance of 305.24 feet. Said parcel contains 18,514.88 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 2. Retention of the existing 20-foot drainage easement across the area proposed for closure. 3. Resubdivision of the property to incorporate the closed area into the adjoining parcels and to insure that all lots have access to a public street. 4. Closure of this right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None - 23a ORDINANCE NO. IN THE MATTER OF CLOSINGF VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS BRANKSOME DRIVE, LOCATED IN KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED 'PLAT OF BRANKSOME DRIVE (FORMERLY ALEASE DRIVE) TO BE CLOSED AND VACATED, KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED BOOK , PAGE WHEREAS, it appearing by affidavit that proper notice has been given by PS Partners II, LTD., that it would make application to the Council of the City of Virginia Beach, Virginia, on r 1986, to have the hereinafter described street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: Branksome Drive, beginning at a pin where the northerly line of Branksome Drive intersects the easterly line of Property of Independence Business Centre Associates, thence S 48 degrees 00 minutes 00 seconds E 81.77 feet to a pin; thence along a curve to the right having a radius of 670.00 feet an arc distance of 15.00 feet to a pin; thence along a curve to the right having a radius of 670.00 feet, an arc distance of 164.59 feet to a masonry pin; thence S 62 degrees 04 minutes 30 seconds E 58.63 feet to a pin; thence S 42 degrees 00 minutes 00 seconds W 61.86 feet to a pin; thence N 62 degrees 04 minutes 30 seconds W 43.59 to a pin; thence along a curve to the left having a radius of 730.00 feet an arc distance of 179.12 feet to a pin; thence along acurve to the left having a radius of 730.00 feet an arc distance of 1.99 feet to a pin; thence N 48 degrees 00 minutes 00 seconds W 81.77 feet to a pin; thence N 42 degrees 00 minutes 00 seconds 60 feet to the point of beginning (Portion to be vacated is designated as 0.420 ac. of Branksome Drive formerly Alease Drive). - 23b - There is expressly reserved unto the City of Virginia Beach, a drainage easement 20' feet in width shown on that certain plat entitled "Plat of Branksome Drive (Formerly Alease Drive) to be Closed and Vacated" as "20' Drainage Easement hereby reserved by the City of virginia Beach'. Said parcel of land being a portion of Branksome Drive as indicated on that plat recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book page and which is made a part hereof by reference. SECTION II A certified copy of this ordinance shall be filed in the Clerk's office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION III W@CE B. SMrrH ATfORNEY AT LAW P.O. BOX 6124 VIRGINIA BEACH, VA 23456 @ONE (804) 42@24 CERTIFICATE OF VESTING OF TITLE 1, Wallace B. Smith, attorney for PS Partners II, LTD.8 do certify that: 1. I am an attorney at law and represent -PS Partners II, LTD., the petitioners. 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 PS Partners II, LTD. as to a part thereof and Holland office Park Associates, as to a part thereof. That said property referred to herein is hereby described as follows: Branksome Drive, beginning at a pin where the northerly line of Branksome Drive intersects the easterly line of Property of Independence Business Centre Associates, thence S 48 degrees 00 minutes 00 seconds E 81.77 feet to a pin; thence along a curve to the right having a radius of 670.00 feet an arc distance of 15.00 feet to a pin; thence along a curve to the right having a radius of 670.00 feet, an arc distance of 164.59 feet to a masonry pin; thence S 62 degrees 04 minutes 30 seconds E 58.63 feet to a pin; thence S 42 degrees 00 minutes 00 seconds W 61.86 feet to a pin; thence N 62 degrees 04 minutes 30 seconds W 43.59 to a @pin; thence along a curve to the left having a radius of 730.00 feet an arc distance of 179.12 feet to a pin; thence along a curve to the left having a radius of 730.00 feet an arc distance of 1.99 feet to a pin; thence N 48 degrees 00 minutes of beginning (Portion to be vacattd is designated as 0.420 ac. of Branksome Drive formerly Alease Drive) . There is expressly reserved unto the CitY Of Virginia Beacb, a drainage easement 20' feet in widtb shown on that certain plat entitled 'Plat of Branksome Drive (Formerly Alease Drive) to be Closed and Vacated' as 1201 Drainage Easement hereby reserved by the City of Virginia Beach". Very truly 6i 9 Wallace B. Smith - 24 - Item II-J.3. PLANNING ITEM # 25224 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. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED 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 FROM A-1 TO A-2 Z04861079 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Perkins Building Corporation for a Change of Zoning District Classification 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. Said parcel contains 1.31 acres. Plats with more detailed information are available in the department of Planning. LYNNHAVEN BOROUGH. Prior to the changing of the official zoning maps, the following requirement shall be met: 1. Dedication of right-of-way along the frontage on Old Virginia Beach Road to provide for an ultimate 60-foot right-of-way in accordance with previous dedications and requirements for property to the east. The following condition shall also be required: 2. Disclosure of AICUZ Noise and Accident Potential Zone Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones 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. Oberndorf Council Members Absent: None - 25 - Item II-J.4 PLANNING ITEM # 25225 Stephenson McNamara, Vice President of Southern Starr Broadcasting, represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of SOUTHERN STARR BROADCASTING for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SOUTHERN STARR BROADCASTING FOR A CONDITIONAL USE PERMIT FOR A RADIO TRANSMITTER LINK ANTENNA TOWER R0486825 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Southern Starr Broadcasting - WTID Radio for a Conditional Use Permit for a radio transmitter lirik- antenna tower on the east side of Mustang Trail, 480 feet more or less south of Virginia Beach Boulevard. Said parcel is located at 242 Mustang Trail and contains 2.8 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Approval is for a period of two (2) years. 2. Approval by the FAA of tower and antenna's constuction and support, height, and location with regards to NAS Oceana. 3. A letter is to be submitted by the applicant to R & K Chevrolet assuring them that this use will in no way interfere with computer operations. 4. Conformance to the Comprehensive Zoning Ordinances concerning COMMUNICATION TOWERS AND SATELLITE DISH ANTENNAS pending the recommendation by the Planning Commission and adoption by City Council. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None - 26 - Item II-J.5 PLANNING ITEM # 25226 Edna Carroll, the applicant, represented herself Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of EDNA CARROLL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EDNA CARROLL FOR A CONDITIONAL USE PERMIT FOR A MOBILE HOME FOR FARM LABORER R0486826 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edna W. Carroll for a Conditional Use Permit for a mobile home for farm laborer on the southwest side of Princess Anne Road, 1230 feet more or less southeast of Landing Road. Said parcel is located at 345 Princess Anne Road and contains 90.343 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. The following conditions shall be required: 1. A 20-foot dedication of right-of-way along the frontage on Princess Anne Road, 45 feet from the centerline of the old 50-foot right-of-way to provide for an ultimate 90-foot rigbt-of-way as required by the Master Street and Highway Plan. The survey and plat shall be provided by the City Engineer's Office. 2. Approval of the Board of Zoning Appeals variance to the 100 acre minimum lot area requirement. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of tbe City of Virginia Beach, Virginia, on the Fourteenth day of April, Nineteen Hundred and Eigbty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, U. Jack Jennings, Jr., Louis R. Jones, 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 April 14, 1986 - 27 - Item II-J.6.a PLANNING ITEM # 25227 Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to amend and reordain Section 6.3 of the Subdivision Ordinance pertaining to final plats and data Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 - 27a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 6.3 OF THE SUBDIVISION ORDINANCE PERTAINING TO FINAL PLATS AND DATA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6.3, Final plats and data, of the Subdivision Ordinance be amended and reordained in part as follows: (S) The tax map reference number or qeographic parcel identification number (GPIN #) for each. lot and/or parcel being created or ref- erence by the plat. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of april 1986. APPROVED AS TO CONIEt4-4 AppiZS,@E AS 'ro R-ORM i',FTORNEY - 28 - Item II-J.6.b PLANNING ITEM # 25228 Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED: Ordinance to amend and reordain Article 1, Section 108 of the Gomprehensive Zoning Ordinance pertaining to signs relating to applications for rezoning, conditional use permits and appeal for variances. Councilman Jennings suggested reducing to "common sense" content the verbage of said signs. The Building Inspection Personnel are to advise City Staff if these signs are still not removed after action of City Council. Vice Mayor McClanan advised this signage is not required by State Law. Sam Houston was instrumental in City Council's requiring the posting of these signs relative to applications for rezoning, conditional use permits and appeal for variances. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None - 28a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 108 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO POSTING OF SIGNS RELATING TO APPLICATIONS FOR REZONING, CONDITIONAL USE PERMITS AND APPEAL FOR VARIANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 108, Posting of signs (relating to applications for rezoning, etc.), of the C.Z.O. be amended and reordained in part as follows: Sec. 108. Posting of signs (relating to applications for rezoning, etc.). In addi,tion to notice of public hearings as required by general law, in the case where a property owner petitions for rezoning of property, conditional use pertnits or appeal for variance, the applicant shall erect, on or immediately adjacent to such property, a suitable sign clearly visible and legible from public streets. Such sign shall be erected not less than fifteen (15) days before the public hearing of which it gives notice, and shall display information as to nature of the application and date and time of the scheduled Planning Commission hearing. Signs may be purchased in the Planning Department office, or must duplicate those signs in size, fortnat, lettering, col rin and wording. Such signs may not be removed by the applicant until the hearing before City Council, and shall be removed within five (5) days after said City Council hearing. Notwithstanding the above, the City Council may deny or defer an application for which such signs have been inadequately posted. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14thday of April 1986. AS TO 1/2-@i-,r,7,44T R-OP-IA - 29 - Item II-J.6c. PLANNING ITEM # 25229 James Morrow, General Partner, Lotus Creek Associates, spoke in favor of the PD-H2 and offered services of the consulting firm his company utilized. This firm could provide assistance to the City concerning the PD-H2 OPPOSITION: Rae H. LeSesne, President of the Council of Civic Organizations, advised City Council the CCO wished to ELIMINATE the PD-H2 Ordinance. Mack C. Queen, represented the Lakeview Civic League A MOTION was made by Councilman Louis Jones, seconded by Councilman Jennings, to DEFER the application to amend and reordain Article 11, part C of the Comprehensive Zoning Ordinance pertaining to PD-H2 Planned Unit Development District for consultant's study and recommendation. A SUBSTITUTE MOTION was made by Councilwoman Henley, seconded by Councilwoman Oberndorf, to ADOPT the Ordinance to amend and reordain Article 11, Sections 1100, 1120, 1121 and 1122 of the Comprehensive Zoning Ordinance pertaining to the PD-HI and PD-H2 Planned Unit Development Districts. Voting: 3-8 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None - 30 - Item II-6.c PLANNING ITEM # 25229 (Continued) Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council DEFERRRED the application to amend and reordain Article 11, Part C of the Comprehensive Zoning Ordinance pertaining to PD-H2 Planned Unit Development District for consultant's study and recommendation. Councilman Jennings read into the record the letter of Thomas M. Ammons, III, Chairman of the Planning Commission, in support of the PD-H2 Ordinance. Councilman Jennings requested City Staff investigate the matter of FLOOD PLAIN inter-dependency with the PD-H2 and a report be presented to City Council. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, 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: None A ril 14 1986 - 31 - Item II-J.6.d PLANNING ITEM # 25230 Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City Council ADOPTED: An Ordinance by Resolution of the Council of the City of Virginia Beach to establish an Historic and Cultural District on certain property located at the southeast corner of General Booth Boulevard and Princess Anne Road and shown as "Residue Acreage" on that certain plat recorded in Map Book 168, page 51, in the Clerk's Office of the Circuit Court. Said parcel contains 3.25 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None - 32 - Item II-J.6.e PLANNING ITEM # 25231 Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City Council ADOPTED: A Resolution directing the Planning Commission to make its recommendation concerning a proposed amendment to Section Ill of the Comprehensive Zoning Ordinance pertaining to the definition of a day care center. Vice Mayor McClanan requested the Planning Commission should also investigate certain criteria when determining whether to recommend APPROVAL of applications for day care centers. Traffic, safety, and the particular type of neighborhood should be considered. Councilman Fentress requested the Planning Commission be sure the State and City Code are comparable. Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: H. Jack Jennings, Jr. - 32a - APPROVED AS TO CONTENTS SIG.NA-,UqU A RESOLUTION DIRECTING THE PLANNING COMMISSION TO REVIEW AND MAKE T RECOMMENDATION TO CITY COUNCIL CONCERNING A PROPOSED AMENDMENT TO AP@,@,,%,@-JVE.D AS rO LEGAL SECTION 111 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO THE DEFINITION OF A DAY CARE CENTER WHEREAS, Section 111 of the Comprehensive Zoning Ordinance, pertaining to the definition of a Day Care Center, currently provides, in part, that where more than five (5) children are received except children related to the persons who maintain the home or where the total number of children received, including relatives, exceeds seven (7), the facility shall be considered to be a Day Care Center; and WHEREAS, the City Council is of the opinion that the definition of a Day Care Center should be amended so as to delete the reference to "the total number of children received, including relatives, exceeds seven (7)." THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Planning Commission is directed to examine and make its recommendation concerning a proposed amendment to Section 111 of the Comprehensive Zoning Ordinance which would provide that facilities operated in a private home shall be considered to be a Day Care Center only when more than five (5) children are received except children who are related by blood or marriage to persons who maintain the home. 2. That the Planning Commission is directed to report its recommendation within sixty (60) days of the date of this Resolution. Adopted by the Council of the City of Virginia Beach, virginia on the 14 day of -April 1986. GLF/jmh (RES.2) -32b - AN ORDINANCE TO AMEND SZCTION 111 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO THE DEFINITION OF A DAY CARE CENTER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the definition of a "Day Care Center" as contained in Section 111 of the Comprehensive zoning ordinance of the City of Virginia Beach be amended and reordained as follows: Day care center. Any facility operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or quardians during a part of the twenty-four-hour day. In regard to the facilities operated in a private family home as an approved home occupation, this term shall apply only to homes in which more than five (5) children are received, emeept excluding children who are related by blood or marriage to persons who maintain the home. or-where the-total-ntunber-of-ehildren-reeeive&7-ineluding-relatives, exceeds-seven-+4+T This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1986. GLF/jiuh 03/13/86 (ORD.E) April 14, 1986 - 33 - Item II-K.1a. RESOLUTIONS - INDUSTRIAL DEVELOP@ REVENUE BONDS ITEM # 25232 The City Attorney referenced the Resolution approving the issuance of Industrial Development Revenue Bonds to RICHARDSON ASSOCIATES, INC. FACILITY in the amount of $7,725,000. The Development Authority has requested Richardson Associates provide a letter from the Zoning Administrator certifying the proposed use of this property is proper under the Zoning Ordinance. To date, this letter has not been received. City Council took NO ACTION on this Resolution. The City Attorney's letter of April 11, 1986, concerning same, is hereby made a part of the record. - 34 - Item II-K.1 b/c/d/e. ITEM # 25233 RESOLUTIONS-INDUSTRIAL DLiVELOPMENT REVENUE BONDS Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED Resolutions approving the issuance of Industrial Development Revenue Bonds: ROBERT DE GROUCHE/OCEAN GARDENS MOTEL $1,500,000 ARCHITECTURAL GRAPHICS, INC. $1,500,000 BAY PROPERTIES $ 525,000 EDWARD T. FISCHER AND FRANK T. GUTHRIE $ 980,508 Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. 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: H. Jack Jennings, Jr. and Robert G. Jones - 34a - BOND ISSUES FOR CITY COUNCIL'S APRIL 14, 1986, AGENDA HOTEL/MOTEL Richardson Associates - $7,725,000 Robert degrouche - $1,500,000 OFFICE/WAREHOUSE/DISTRIBUTION Architectural Graphics, Inc. - $2,250,000 Bay Properties - $525,000 Edward T. Fischer & Frank T. Guthrie - $980,508 SUMMARY SHEET CITY OP VIRGINIA BEACII DEVELOPMENT AUTliORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Robert de Grouche 1. PROJECT NAME: Ocean Cardens Motel 2. LOCATION: 421 21st St., Virginia Bea@h, Virginia 23451 3. DESCRIPTION OF PROJECT: 28 unit efficiency motel 4. AMOUNT OF BOND ISSUE: $1,500 000 5. PRINCIPALS: Robert de Grouche Associates 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-4 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A I 1 / 53 FISCAL IMPACT STATEMENT DATE: September 25, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Ocean Cardens Motel (Robert de Grouche) TYPE OF FACILITY: 28 unit 2-room each suite efficiency motel 1. Maximum amount of financing sought $ 1 000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,500,000 3. Estimated real property tax per year using present tax rates $ 12,000 4. Estimated personal property tax per year using present tax rates 000 5. Estimared merchants' capital (business license) tax per year using present tax raLes 2,000 6. Estimated dollar value per year of coods and services that will be purchased locally 75,@00 7. Estimated number of regular emoloyees on year round basis 3 8. Average annual salary per emLDloyee 13,187 The information contained in this statement is based solel'; on Eacts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. Citv of Virginia Beach Development Authori B Ec onom'c 'mpact Statement 1. Amount of investment 1,875,000 2, Amount of industrial revenue b,nd financing sought 3. Estimated taxable value of the facility,s real property to b@ constructed in th@ City Of Virginia Beach 100 000 4.. Estimated real property tax per Y'ear using Present tax rat, i" 000 5. Estimated personal Property tax 6. Econ0mic im0act statement demonstratinq the overall return to the'city: A. Nunber of new jobs B- PaYroll generated $ 39,56, Av. Wage 11,117 C. Number of jobs retainbd NONE D- PaYroll retained $ NI)NE AV. Wage $ ONE E. Estimate of the value of goods. and Services Purchased within the geographic boundary of Virginia Beach by tYpe (inventory, machinery, professional services, insurance,'motor vehicles, etc.): Type Value 6,600 5,040 aiice 10,580 TOTAL $-75,800 Estimated building permit fee a,d other munilipal fees $ 12, 000 G. Estimated construction pavroll $ 390,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach 480,000 1. Estimated n-ber of construction jobs 40 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Imp.rovemen f the resort viding a new first class motel; imp archil ly and aestheti 7. Is the site currently'zoned for the use of being proposed for industrial revenue bond financing? Yes X No 8. Hps a bond Purcha-se agreement/commitment been accer)ted by the applicant? (attach a,col)y) Yes 'No x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes No x Must close in calender.year 1986 since tlie application is too late to obtain an allocation in 1985. 10. @cation of project (attach location map) ative financing. I hereby certify that the inf()rmation Stated j, the abov, Economic Impact Stateme,t-i5 accurate and true in all resrdects. Subscribed and swl)rn to before me thi, 1984. @'Y co,-,.mis,-io, NORTH LINKHORN EACH Bild Nnk Pi L17-rl@E PARK Y., I., v I T'@ H C... 'C E A@N GARgENS_-- IT TMCMLXXXV A PROJECT NAME: Ocean Gardens Motel PROJECT DESCRIPTION: 28 unit 2-room each suite efficiency motel PROJECT LOCATION: 421 21st Street Virginia Beach, Virginia A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on April 14, 1986. On Motion by and seconded by the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REV- ENUE BONDS TO ROBERT DE GROUCHE ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of Robert de Grouche Associates (the "Company") for the issuance of the Au- thority's industrial development revenue bonds in an amount not to exceed $1,500,000 (the "Bonds') to assist in the financing of the Company's acquisition, construction and equipping of a 28-unit 2-room each suite efficiency motel unit with ancillary furniture, fixtures, machinery and equipment (all improvements and land being collectively referred to as the "Facility") in Virginia Beach, Virginia, and has held a public hearing thereon on April 8, 1986; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority, in a principal amount not to ex- ceed $1,500,000 for financing the acquisition, construction and equipping of a 28-unit 2-room each efficiency motel unit with ancillary furniture, fixtures, machinery and equipment to be located at 421 21st Street in Virginia Beach, Virginia, for the benefit of Robert de Grouche ASSOCiates, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as re- quired by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as re- quired by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the City nor the AUthority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the reve- nues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employ- ees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequen- tial, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allo- cate its allowable private activity bond limit to one or more other projects if the issuance of tax-exempt bonds by the Au- thority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any rea- son after the issuance of the Bonds for the Facility to allo- cate a portion of its allowable private activity bond limit to the Facility if the issuance of tax-exempt bonds by the Author- ity is restricted by any State or Federal statute now or here- after enacted. 4. This Resolution shall take effect immediately upon its adoption. -2- Adopted by the Council of the City of Virginia Beach, Vir- ginia, on April _, 1986. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held April _L4, 1986. Clerk -3- EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVOTOPMENT AUTHORITY INDUSTRIAt DEVELOPMENT REVENUE BOND R04ECT NAME: Architectural Graphics, Inc. ,OCATION: International Parkway and Riline Road DESCRIPTION OF PROJECTS 40,000 square feet Headguarters and Manufacturing Facility for sign manufacturing. AMOUNT OF BOND ISSUE: $2,250,000.00 PRINCIPALS: Fred T. Knowles David W. Ramsay ZONING CLASSIFICATIONT a. Present zoninq classification of the Prop*rty b. In r*zonin<j proposed? Yes No x c. If so, to what zonin(j classification? N/A Exhibit D FISCAL IMPACT STATEMENT FUR PROPOSED INDUSTRIAL REVENUE BOND FINANCING k'ebx-uiLrY 5. 1986 THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAMET Fred T. Knowleu & I)ayid W. Rumay for Architectur&l Grapiiics, Inc. TYPE OF FACILITYs Manufacturing & Corporat4a Headqu,&rters I -MdXimum amount of financing sought $ 2,250,000 2. Estimdted taxable value of the facility's real Property to be constructed in the municLpaiity $ i@qoo.ooo 3. Estijuated real property tax per year usifig present tax rates $ 1 9 0 0 0 4. Estimdted personal property tax per year using present tax rates $ 400 5. Estiinated merchants' capital (business license) tax per year using pcesent tax rates $ 0 6. Estimated dollar value per year of gc>ods and services that will be purchased locally $2,700,000 7. Estimated number of regular employees on year round basis $ 120 8. Average annual salary per employee $ 24 f)(,l The Information contained In this Statement is based solely ori facts and estlinates provided by the Applicant, and the AuLnority tias made no independent investigation with repect thereto. City of Virginia Be4ch Development Authority BY- .@/ c] Exhibit H Economic Impact Statement 1. Amount of invest-nt $2,250,000 2. Amount of industrial revenue band financing sought $ 2.21)0.000 3. Estimated taxable value of the facility's r@ property to be constructed in the City of Virginia Beach $ 1,900,000 4. Estimted real property tax per year using present tax rate $ 19 , o o o . o o 5. Eatimted porso"l proporty tax $ 400 6. Econo"c impact statownt demonstratlag the overall rotu= to che ci-ty: A. Number of now jobs 120 vossiblo D. Payroll ganaratea s 2.887,320- Av. Wag& 24,061 C. Number of jobs rit@gd N/A D. Payron rotained N/A Av. Wage E. zstimte of the valua of goods and servic&* purchased within th* Scographic boundary of Vir&:Lnia B"ch by type (inventory. uachintry. profess serv@s. @rm", notat vehiclas. otc.): T"* valuo Raw Materials Inventory $.1.700.000 Vehicles and Shipping s. 256,000 Equipment and Expenses $ 125,000 Facility $ 260,000 Professional Services $ 30,000 TOTAL 2,700,000 Insurance $ 300,000 Miscellaneous $ 29,000 F. Eacimaced building permit fee and other municipal fees $ 2,500 G. Estimated conscruction payroll $ 500 no() H. Estimated value of construction material to be purchased withln the City of Virginia Boach $ 1. Escimaced number of construction jobs 75 J. Any other Items which the applicant fcols the Authority should be made aware of in evaluat@ the project Project will not be consumed without receipt of Industrial Revenue Bonds. 7. is the sits currantly zonod for the specific use being Zoned proposad for industrul revenue bond f lng? Yea@ f-1 No 8. Has a bond purchase agrament/co=mitmuc been accepted by th* &pplic&nt? (at@ &.copy) Yes No 9. Will the boud f@cing @so within 90 days fros the data of adoption of tha @cemat rasOlutiOn? TOO X No 10. Locat:Lon af projict (attach location O&p) International Parkway and Riline Road. 11. Explanation Of altemat:Lve financing that has been reviewed for projec I heretxy certify that the information stated in the above Economic ImPaCt Statement is accurate and true in all respects. nsel for Applicant Subscribed and sworn to before me this 1986. Public My Commission Expires:'@r/y PROJECT NAME: ARCHITECTURAL GRAPHICS, INC. PROJECT ADDRESS: INTERNATIO14AL PARKWAY & RILINE ROAD TYPE OF PROJECT: HEADQUARTERS & MA14UFACTURIt@G FACILITY RESOLUTION AMENDING PRIOR RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ARCHITECTURAL GRAPHICS, INC. WHEREAS, Fred T. Knowles and David W. Ramsay (the Applicant) have requested the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority) to assist them in financing the acquisition, construction, improve- ment and equipping of certain land and buildings located in the City of Virginia Beach (the Facility), by the issuance of the Authority's series 1986 industrial development revenue bond, which Facility the Applicant proposes to lease to Architectural Graphics, Inc. (the Corporation) for use as a corporate head- quarters and manufacturing facility for a firm producing sign systems, all pursuant to the Industrial Development Bond Act, Chapter 31, Title 15.1, Code of Virginia of 1950, as amended (the Act); and WHEREAS, the Authority on March 11, 1986, adopted an Inducement Resolution agreeing, among other things, to assist the Applicant in every reasonable way to finance the acquisition, construction, improvement and equipping of the Facility and, in particular, to undertake the issuance of its industrial development revenue bond therefore in an amount not to exceed $1,750,000.00, upon terms and conditions to be mutually agreed upon between the Authority and the Applicant; and WHEREAS, following the passage of its inducement resolution, the Authority requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the bonds to comply with SS103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, the Council adopted a resolution on March 17, 1986, approving the issuance of industrial development revenue bonds for the Architectural Graphics, Inc. Facility in an amount not to exceed $1,750,000.00; and WHEREAS, subsequent to passage of the foregoing resolutions by the Authority and the Council, the Applicant received bids from contractors to construct the Facility which far exceeded their original expectations; and WHEREAS, it now appears that the Facility cannot be acquired, constructed and equipped for less than $2,250,000.00; and WHEREAS, the Authority has considered the request of the Applicant to amend its prior resolution to increase the amount of bond financing available to the Applicant to an amount not to exceed $2,250,000.00; and WHEREAS, the Authority has passed a resolution amending its prior resolution concerning the issuance of industrial development revenue bonds for the benefit of the Applicant to increase the amount of bond financing available to the Applicant to an amount not to exceed $2,250,000.00; and WHEREAS, a public hearing has been held with respect to the increased amount of financing sought by the Applicant as required by SS103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, the Authority has requested the Council to approve the issuance of the bonds in the increased amount of $2,250,000.00 to comply with SS103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378.1, Code of Virqinia, 1950, as amended, a copy of the Authority's amending resolution approving the issuance of the increased amount of the bonds subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council; and WHEREAS, the Council has determined that it is appropriate to increase the amount of its prior resolution approving the issuance of the bonds to the Applicant for the benefit of Architectural Graphics, Inc., and to otherwise ratify and confirm its prior resolution in all respects; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Virginia Beach, Virginia: 1. The Council of the City of Virginia Beach, virginia, approves the issuance of bonds by the City of Virginia Beach Development Authority to Fred T. Knowles and David W. Ramsay to be used for the benefit of Architectural Graphics, Inc., in an amount not to exceed $2,250,000.00, to the extent of and as required by SS103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the bonds as required by SS103(k), does not constitute an endorsement of the bonds or the creditworthiness of the Applicant; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as arnended, the bonds shall provide that neither the City nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on April 14 1986. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. Project Name: Bay Properties, a Virginia General Partnership 2. Project Location: Parcel 34, Area 2, Oceana West Industrial Park, 833 Seahawk Circle, Virginia Beach, Virginia 3. Description of Project: CONSTRUCTION AND EQUIPPING OF A 24,000 SQUARE FOOT (APPROXIMATE) OFFICE, WAREHOUSE AND DISTRIBUTION FACILITY 4. Amount of Bond Issue: $525,000.00 5. Principals: B. W. RODRIGUEZ D. L. SPARKS 6. Zoning Classification: (a) Present zoning classification of the property? 1-1 (b) Is rezoning proposed? Yes - No x (c) If so, what zoning classification? N/A REDA/6059.6.C FISCAL IHIPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: APRIL 8, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: BAY PROPERTIES, A VIRGINIA GENERAL PARTNERSHIP TYPE OF FACILITY: 24,000 SQUARE FOCRT OFFICE, WAREHOUSE AND DISTRIBUTION FACILITY TO BE CONSTRUCTED ON A 2 ACRE PARCEL OF LAND DESIGNATED AS PARCEL 34 IN AREA NO. 2, OCEANA WEST INDUSTRIAL PARK, 833 SEAHAWK CIRCLE, VIRGINIA BEACH, VIRGINIA 1. Maximum amount of financing sought $ 525,000.00 2. Estimated taxable value of the facility's $ 600,000.00 real property to be constructed in the municipality 3. Estimated real property tax per year using $ 5,000.00 + present tax rates 4. Estimated personal property tax per year $ 1,000.00 + using present tax rates 5. Estimated merchants' capital (business $ 25,000.00 + license) tax per year using present tax rates 6. Estimated dollar value per year of goods $3,000,000.00 and services that will be purchased locally 7. Estimated number of ,regular employees on 100 - 150 year round basis 8. Average annual salary per employee varies due to fluctuations in contracting companies The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority BY .9irm, REDA/6059.2.C Economic Impact Statement 1 Amount of investment $ 600,000.00 2. Amount of industrial revenue bond financing sought $ 525,000. O() 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 600,000.00 4. Estimated real property tax per year using present tax rate $ 5,000.00 + or 5. Estimated personal property tax $ 1,000.00 + or 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 60 -8 0 B. Payroll generated $ varies Av. Wage $ C. Number of jobs retained ioo-i-@o D. Payroll retained $ varies Av. Wage $ varies E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.)-. Type Value Inventory $100,000.00 Machinery $150,000.00 Professional Services $ 40,000.00 Insurance and other business services $ 50,000.00 F. Estimated building permit fee and other municipal fees @-avroll i.lar4@es due -,c) fluct,-iar@---ns @@n @n--rac--@-ra 2 G Estimated construction payroll $ 25 00 0 0 . 0 0 H. Estimated value of construction material to be purchased within the City of Virginia Beach $ 3 50 0 0 0 . 00 I. Estimated number of construction jobs varies J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project Current buildinq on site has 60 or more ermlovees and thes7 co-@ies also have another 80-100 enmlovees workinq at various construction sites. 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financi4g? Yes x No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes x No 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes No 10. Location of project (attach location map) lIr o. 2, Oceana West Industrial Park, 8 Area N Circle, Virginia Beach, Virginia 11. Explanation of alternative financing that has been reviewed for project I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 3 BAY PROPERTIES, A Virginia qeneral partnership (Applican Subscribed and sworn to before me this cAc@ day of 1986. Notary P blic MY Commission Expires: My Comr...@Icr. 16, 1,-,36 NEPO SFC CEANA LTAMP T, P@K APLETON SEE =0 a -TAR FARM LING'; MUR ',r:-1.1 COR@", GaEEN RUN! IAR@M 19 o@ E@0' CT .,.IEFII@ C,. A L.@. CT @.TIIAC@ IT PROJECT NAME Bay Properties, a Virginia general partnership PROJECT ADDRESS: Parcel 34, Area No. 2, Oceana West Industrial Park, 833 Seahawk Circle, Virginia Beach, Virginia TYPE OF PROJECT: Office, Warehouse, Distribution Facility RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BAy PROPERTIES, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Bay Properties, a Virginia general partnership (the "PurchaE;er") for the issuance of the Authority's industrial development revenue bonds in an amount estimated at Five Hundred Twenty-Five Thousand Dollars ($525,000.00) (the "Bonds") to assist in the financing of the Purchaser's construction and equipping of a 24,000 square foot (approximate) office, warehouse and distribution facility located on a 2 acre parcel of land designated as Parcel 34 in Area No. 2, Oceana West Industrial Park, 833 Seahawk Circle, Virginia Beach, Virginia (the "Facility"), and after proper notice in a newspaper of general cir- culation has held a public hearing thereon on April 8, 1986, pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds in compliance with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nably detailed summary of the comments expressed at the public hearing, if any, as well as the Economic Impact Statement and other requested documents, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Bay Properties, a Virginia general part- nership, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. -1- 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Purchaser; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on April 14, 1986. REDA/6059.5.C -2- 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: EDWARD T. FISCHER & FRANK T. 2. LOCATION: 5483 Vir@ Beach Bc)uievar'd V-g-a Be-h, V-p- 3 DESCRIPTION OF PROJECT: sing of real estate and construction of buAdiLng for purpose of retail car-pet sales and warehouse facaities 4. AMOUNT OF BOND ISSUE: $980,508.0() 5. PRINCIPALS: Edward T. Fischer Frank T. Guthrie 6. ZONING CLASSIFICATION: a. Present zoninq classification of the Property 1-2 b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? N/A Exhibit D FISCAL IMPACT STATEMENT FOR'PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: 19, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: EDWARD T. & MW T. TYPE OF FACILITY: Retail @t, office aM e 1 - Maximum amount of financing sought $ 980, 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,200,000 3. Estimated real property tax per year using present tax rates $ 9,600 4. Estimated personal property tax per year using present tax rates $ 8,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 10,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ nm 7. Estimated number of regular employees on year round basis 100 8. Average annual salary per employee is.ooo.oo The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beac Development Authority B Economic Impact Statement 1. Amount of investment $-980,508 2. Amount of industrial revenue bond financing sought 1 $ 98015D8 3. Estimated taxable value of the facility's real property to be constructed in the CitY of virginia Beach $ 1,200,000 4. Estimated real property tax per year using $ 9,600.00 present tax rate - 5 Estimated personal property tax $- 8,OOC).OD 6. Economic impact statement demonstrating the overall return to the-city: A. Number of new jobs 40 B. Payroll generated $600,000.oo Av. Wage $ C. Number of jobs retained 60 D. Payroll retained $ 900,000.00 Av. Wage $lq-cm-nn E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehiclest etc.): Type Value inventory $ 200,000 WA@ mterials $ 400,000- OC) @tor Vehicles $ 25,000.00 TOTAL $ 625,ooo.op F. Estimated building permit fee and other municip&l fees $ 15,000-00 G. EStimated construction payroll $400,0()o H. Estimated value of construction material to be purchased within the City of Virginia Beach $ 400,000 I. Estimated number of construction jobs 20 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes x No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No x 9. Will the bond financing close within 90 days from the date of adoption of.the inducement resolution? Yes No 10. Location of project (attach location map) 11. Explanation of alternative financing that has been reviewed for project now ik I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (@p ican)r) Subscribed and sworn to before.me this 12th day of 19816. N6tary Puptic My Commission Expires: 2A8/89 2,670 a.. NAME: EWARD T. LOCATION: Beadi BD I V-@ OF @es,office & L127LE SCALE 1 2640 (.5 MILE) RESOLUTION APPROVING THE PLAN OF FINANCING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR EDWARD T. FISCHER & FRANK T. GUTHRIE WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application and plan of financing of EDWARD T. FISCHER & FRANK T. GUTHRIE (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount estimated at $980,508.00 (the Bond) to assist in the financing of the Company's acquisition of real estate and construction of a building for the purpose of retail carpet sales and warehouse facilities, (the Facility) to be located at 5483 Virginia Beach Boulevard, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on -, and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the plan of financing and issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the plan of financing and issuance of the Bond, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the plan of financing and issuance of the Bond by the City of Virginia Beach Development Authority for the benefit of EDWARD T. FISCHER and FRANK T. GUTHRIE to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the plan of financing and issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bonds or the Creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adoption by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on April 14, 1 1986. i I - 35 - Item II-L.l. RESOLUTIONS/ORDINANCES ITEM # 25234 John Coates, District Park Supervisor, responded to City Council's inquires. He advised City Council with the expansion of the Camp Pendleton Beach, an additional lifeguard stand would be required. Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED: Ordinance to transfer appropriations totaling $58,500 for the contracting of lifeguard services at Croatan, Camp Pendleton and Fort Story beaches and to authorize the City Manager to enter into those contracts. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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: None - 35a - AN ORDINANCE TO TRANSFER APPROPRIATIONS FOR THE CONTRACTING OF LIFEGUARD SERVICES AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO THOSE CONTRACTS WHEREAS, the City of Virginia Beach desires to provide lifeguard services for the citizens and visitors who wish to enjoy the city's public beaches, and WHEREAS, these lifeguard services at Croatan, Camp Pendleton, and Fort Story beaches have been provided by the Department of Parks and Recreation by hiring temporary employees, and WHEREAS, the Department of Parks and Recreation has evaluated the continuation of lifeguard services now being provided versus lifeguard services from a private contractor, and WHERF,AS, the Department of Parks and Recreation has determined that lifeguard services at Croatan, Camp Pendleton, and Fort Story beaches can be provided by a private contractor at less expense, with no evidence of loss of quality, and with less liability to the City, and WHEREAS, competitive sealed proposals were secured in accordance with State and City procurement regulations, with the low bid in the amount of $58,500 submitted by Virginia Beach Patrol, Incorporated, and WHEREAS, in order to proceed with awarding of the contract it is necessary to reallocate appropriations within the FY 1985-1986 and FY 1986-1987 budgets for the Department of Parks and Recreation to reflect the contracting of lifeguard services. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $14,625 and $43,875 in the FY 1985- 1986 and FY 1986-1987 operating budgets respectively for the Department of Parks and Recreation be reallocated to reflect the contracting of lifeguard services, and BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into a contract with Virginia Beach Patrol, Incorporated for lifeguard services. Adopted by the Council of the City of Virginia Beach, Virginia on the Fourteenth day of April , 1986. This ordinance shall be effective from the date of its adoption. KAR/2 ORD1 - 36 - Item II-L.2 a/b RESOLUTIONS/ORDINANCES ITEM # 25235 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to amend and reordain Section 2-117 of the Code of the City of Virginia Beach, Virginia, pertaining to overtime pay and compensatory time. Ordinance to amend and reordain Chapter 2 of the Code of the City of Virginia Beach, Virginia, by AMENDING Sections 2-75, 2-83, 2-83.1, 2-83.2, 2-84, 2-107, 2-114, 2-119 and 2-132 and by ADDING Section 2.83.3 pertaining to officers and employees generally Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley Council Members Absent: None Letter of April 14, 1986, from the City Attorney concerning the above referenced amendments to the City Code is hereby made a part of the record. - 36a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-117 OF TSE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO OVERTIME PAY AND COMPENSATORY TIME BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-117 of the Code of the City of Virginia Beach, virginia, pertaining to overtime pay and compensatory time is hereby amended in its entirety and shall read as follows: Section 2-117. Overtime pay and compensatory time. (a) For purposes of overtime pav and compensatory time, employees shall be defined as "nonexempt" and "exempt." (b) "Nonexempt" employees shall be defined as all nonseasonal "category" employees and all nonseasonal merit employees compensated in pay ranges 1 through 51, excluding those employees assigned to the middle management and executive job groups. (c) "Exempt" employees shall be defined as all merit employees compensated in pay ranges 52 through 57, excluding those emplovees assigned to the middle management and executive job groups. (d) The work period for determini rtime compensation for all eligible employees other than those engaged in sworn fire protection activities shall be a regularly recurring period commencing at 12:01 a.m.,-Thursday, April 17, 1986, and continuing for 168 consecutive hours (7 consecutive 24-hour periods). (e) The work period for determining eligibility for overtime compensation for all eligible employees engaged in sworn fire protection activities shall be a regularly recurring period commencing at 6:00 p.m, Thursday, April 17, 1986, and continuing for 648 consecutive hours (27 consecutive 24-hour periods). (f) Compensable working time for determining overtime compensation for all eligible employees other than those engaged in sworn fire protection activities shall be defined as all recorded time for which the regular rate of compensation is received that exceed 40 hours during the 7 day work period, or all recorded time actually worked on any day observed as a city recognized holiday, or all recorded time actually worked by an ALPHA designated employee during a city manager designated Condition I or Condition II Emergency or Inclement Weather period. (g) Compensable working time for determining overtime compensation for all eligible employees engaged in sworn fire protection activities shall be defined as all recorded time for which the regular hourly rate of compensation is received that exceed 204 hours during the 27 day work period, or all recorded time actually worked on any day observed as a city recognized holiday, or all recorded time actually worked by an ALPHA designated employee during a city manager designated Condition I or Condition II Emergency or Inclement Weather period. (h) For "nonexempt" employees, all accrued compensatory time as of April 16, 1986, shall be converted to a time and one-half rate effective April 17, 1986. (i) Employees who are allowed to voluntarily begin working prior to their shift or to continue to work after their shift is over are engaged in compensable working time. Management must ensure that employees do not perform unauthorized -2- overtime work. mere promulgation of a rule to that effect is not sufficient to avoid compensation for additional time worked. (i) "Nonexempt" employees shall, at the discretion of department heads or designees, be either compensated with pay at time and one-half their regula hourly rate at the time of payment or shall receive compensatory time at the time and one-half rate for all recorded overtime. (k) "Exempt" employees shall, at the discretion of department heads or designees, be either compensated with pay at time and one-half their regular hourly rate at the time of payment or shall receive compensatory time at the straight time rate for all recorded overtime. (1) For "nonexempt" employees, overtime work of less than eight minutes duration shall not be recorded. Overtime work of eight minutes duration or more shall be recorded to the nearest quarter hour. (m) For "exempt" employees, overtime work of less than 30 minutes duration shall not be recorded. overtime work of 30 minutes duration or more shall be recorded to the nearest quarter hour.- (n) No employee shall have accrued compensatory time in excess of 150 hours at the end of any fiscal year. In order to meet management's responsibilities of balancing their budget and maintaining the efficiency of their operation by determining the appropriate means and personnel by which departmental operations are to be carried out, department heads may, at their discretion, require employees to utilize their accrued compensatory leave when they are approaching the maximum accumulated limits. (o) At no time, other than termination of employment, shall an employee be compensated for accrued compensatory time. (p) An employee shall be permitted to use accrued compensatory time within a reasonable period after it is requested unless the employee's absence from work would unduly disrupt the operation of the agency concerned. (g) For "nonexempt" employees, payment for accrued compensatory time upon termination of employment shall be calculated at either the final regular rate of pay received by the employee at the time of termination or the average regular -3- rate of pay for the final three years of employment, whichever is higher. (r) For "exempt" employees, payment for accrued compensatory time upon termination of employment shall be calculated at time and one-half the final regular rate of pay received by the employee at the time of termination. (s) "Nonexempt" employees required to return to the work site at least one hour after the termination of the employee's regular work shift or previous work call shall receive a minimum of two hours overtime compensation or compensatory time at time and one-half the regular hourly rate per call or overtime compensation or compensatory time at time and one-half the regular hourly rate for all time worked at the work site, whichever is greater. (t) "Exempt" employees required to return to work site at least one hour after the termination of the employee's regular work shift or previous work call shall receive a minimum of two hours overtime compensation at time and one-half the regular hourly rate or two hours compensatory time at the straight time rate per call or shall receive overtime compensation at time and one-half the regular hourly rate or compensatory time at the straight time rate for all time worked at the work site, whichever is greater. (u) All eligible employees compensated with shift differential pay shall, if paid for overtime work, receive pay at time and one-half the shift differential regular hourly rate of pay for all overtime actually worked during the period of 3:00 p.m. to 3:00 a.m. only. All overtime worked exclusive of the above period shall be compensated at time and one-half the regular hourly rate of pay not to include the shift differential. (v) Employees shall only be employed in one city position, i.e., employees shall not obtain any part-time or full-time secondary employment with the city, (w) The early relief of previous shift personnel prior to the next scheduled shift starting time shall be prohibited. -4- (X) The trading of work-shift periods or scheduled work hours among employees shall be prohibited. (y) The volunteering of services to the city by a "nonexempt" employee as a "nonpaid" volunteer to perform the same type of work that is performed as a "paid" employee shall be prohibited. The determination of whether the two types of work are the same shall be made by the director of personnel or designee. It shall be the employee's responsibility to notify their supervisor prior to volunteering their services to any city agency. (z) The volunteering of services to the city by an "exempt" employee as a "nonpaid" volunteer to perform the same type of work that is performed as a "paid" employee shall be permitted. (aa) For "nonexempt" employees, travel time to another city that requires overnight accommodations that occurs during normal working hours on nonworking days or travel time required by a special one-day assignment to another city that occurs outside normal working hours on either regular working days or nonworking days shall be compensable as follows: (i) When a commercial carrier is utilized, compensable travel time shall commence thirty (30) minutes prior to scheduled departure time from point of origin and shall end immediately upon arrival at temporary work site or place of accommodation. On the return trip, compensable travel time shall commence upon departure from the temporary work site or place of accommodation and shall end immediately upon return to the point of origin by the most expeditious means of commercial travel as determined by the employee's supervisor; (ii) when a private or city automobile is utilized, compensable travel time shall commence thirty (30) minutes after departure from place of residence or immediately upon departure from work site and shall end immediately upon arrival at temporary work site or place of accommodation. -5- On the return trip, compensable travel time shall commence upon departure from the temporary work site or place of accommodation and shall end immediately upon expeditious return to the place of residence or work site whichever occurs first; (iii) When a private or city automobile is voluntarily utilized by an employee rather than an available commercial carrier, hours worked shall be either the travel time required by automobile or the travel time required by the most expeditious means of commercial carrier travel (as specified in "i" above) whichever is less as determined by the employee's supervisor. (bb) For "exempt" employees, travel time to another city that requires overnight accommodations that occurs during normal working hours on nonworking days or travel time required by a special one-day assignment to another city that occurs outside normal working hours on either regular working days or nonworking days shall not be considered compensable working time, (cc) The authorization and control of all overtime work is the direct responsibility of department heads or designees. Department heads or designees may, at their discretion, adjust an employee's work schedule in order to ensure an employee's compensable working time does not exceed 40 hours in a 7 day work period for all eligible employees other than those engaged in sworn fire protection activities or 204 hours in a 27 day work period for all eligible employees engaged in sworn fire protection activities. Overtime assignments are permitted only when required by operational necessity and without which the normal functioning of the agency concerned would be adversely affected. Department heads or designees must ensure that adequate budgetary funds are available for all payments of overtime compensation prior to authorizing overtime work to be performed. Employees shall not work additional time either- before or after their scheduled work shifts without prior approval of their supervisor. Failure to obtain a supervisor's prior approval to work additional time may result in disciplinary -6- action in accordance with the city's disciplinary policy and procedure. (dd) It shall be the authority of the director of personnel or designee to both administer and enforce the provisions of this ordinance in order to ensure the city's compliance with the Fair Labor Standards Act of 1938, as amended, and Title 29, Code of Federal Regulations, Parts 500 to 899. All questions regarding the application of this ordinance shall be directed to the director of personnel or designee. Additionally, all policies, practices, or procedures issued by any city agency in accordance with the provisions of this ordinance shall have the approval of the director of personnel or designee prior to implementation. Adopted by the Council of the City of Virginia ]3each, Virginia, on the 14thday of April 1986. RMB/jmh (E) -7- AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY AMENDING SECTIONS 2-75, 2-83, 2-83.1, 2-83.2, 2-84, 2-107, 2-114, 2-119 AND 2-132 AND BY ADDING SECTION 2.83.3 PERTAINING TO OFFICERS AND EMPLOYEES GENERALLY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 2 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 2-75. Service divided into exempt nonmerit and merit services; composition o e*empt nonmerit service. (a) The service of the city is divided into exempt nonmerit service and merit service. (b) The exempt nonmerit service shall consist of: (1) Members of the city council and all other elected officials or persons appointed to fill vacancies in elective offices .... Section 2-83. Holidays. (a) The following eight (8) hour days are designated as full-paid "holidays" and shall be so observed by the city. All permanent, and probational, temporary and seasonal merit employees shall be covered by the provisions of this section. (10) A flexible personal holiday (to be taken as a personal, national, religious or other holiday the city does not observe). Part-time, and temporary and seasonal employees shall not be eligible for this holiday. Section 2-83.1 Court leave. All full-time permanent merit employees of the City of Virginia Beach shall be eligible to receive paid court leave when witnesses summoned to serve as witnesses or-@urers in nonpersonal litigation. Any fees received by such persons for service as witnesses or-@erers shall be paid to the city, or an equal amount shall be deducted from the employee's pay. Section 2-83.2 Funeral leave. All full-time permanent merit employees shall be eligible to receive leave with pay upon the death of a member of such employee's immediate family-l-aueh-leave-shall not to exceed five (5) working days. Such leave cannot be saved and used at a later date. Section 2-83.3. Jury leave. All full-time permanent merit employees of the city shall be eligible to receive paid jury leave when summoned to serve as jurors. Any fees received by such employees for service as jurors shall be paid to the city or an equal amount shall be deducted from the employee's pay. Section 2-84. Annual leave-Schedule of earning. Except employees of the school board, all full-time and part-time employees (excluding temporary and seasonal employees) of the city who have actually worked for six (6) calendar months (or the hourly equivalent for part-time employees) shall earn annual leave as follows: (2) The hours of annual leave earned per month for each hour worked by firefighters, excluding overtime hours, shall be computed by multiplying the number of hours worked per month, excluding overtime hours, by the following: Section 2-107. Conversion from temporary or seasonal status to permanent status. Conversion shall be the change, upon the request of the employing authority, from temporary or seasonal status to probational or permanent status. Upon such conversion, the director of personnel shall credit towards probation, annual leave, service awards and merit increase all prior time worked in a temporary or seasonal stattis to those employees converted to probational or permanent status. Conversion status will be -2- awarded only to those employees who have rendered acceptable service during their temporary employment. Section 2-114. Terminations. (g) Completion of seasonal employment shall be the separation from employment of a seasonal employee who has worked through the last day the seasonal position is available. Employees separating prior to the last work day shall be governed by the appropriate separation action. Section 2-119. Sick leave. (6) The hours of sick leave earned per month for each hour worked by firefighters, excluding overtime hours, shall be computed by multiplying the number of hours worked per month, excluding overtime hours, by a factor .046. (c) Seasonal employees shall not be eligible to receive sick leave. Section 2-132. Eligibility to utilize grievance procedure. All full-time permanent and part-time permanent city merit employees, as defined in section 2-76, and all full-time permanent and part-time permanent employees of the constitutional offices (excluding elected officials) by written consent of the elected official shall be eligible to utilize all phases of the grievance procedure set forth herein. All full-time permanent and part-time permanent employees of the department of mental health and mental retardation who are terminated on the grounds of patient abuse, and permanent classified employees of the department of corrections who work in institutions or have client or inmate contact and who are terminated on the grounds of a criminal conviction, or are terminated as a result of being placed on probation under the provisions of section 18.2-251 of the Code of Virginia, 1950, as amended, shall be eligible to utilize the grievance procedure only up to and including step 4 -3- (city manager). Thereafter, the employee may proceed as indicated in section 2.1-114.5:1 of the Code of Virginia, 1950, as amended. All merit and constitutional office employees (excluded elected officials) whose employment status is part-time temporary, part-time probational, part-time seasonal, full-time temporar@, etnd full-time probationalt and full-time seasonal shall be eligible to utilize such procedure only up to and including step 4 (city manager) involving Type B grievances. For the purpose of this section, a probational employee shall be defined as an employee who has yet to complete the initial six (6) months of employment with the city (or the hourly equivalent for part-time employees), and employees), and terminating on the employee's anniversary date, with the exception of police and fire positions in which designated employees serve a one year initial probationary period which follows any original employment or reemployment and terminating on the employee's anniversary date. At no time shall any part-time temporary, part-time probational, part-time seasonal, full-time temporary, er full-time probational or full-time seasonal employee be allowed to appeal a Type A grievance. All permanent police officers who elect to follow the police officers' bill of rights shall not be eligible under the procedure provided herein. Adopted by the Council of the City of Virginia Beach, virginia, on the '4th day of April 1986. RMB/jmh 4/1 4/8 6 (D) -4- - 37 - Item II-L.3 RESOLUTIONS/ORDINANCES ITEM # 25236 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED: Resolution of the City of Virginia Beach adopting a CODE OF ETHIGS to apply to all elected and appointed officials of the City of Virginia Beach. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: None 37a - RESOLUTION OF THE CITY OF VIRGINIA BEACH ADOPTING A CODE OF ETHICS TO APPLY TO ALL ELECTED AND APPOINTED OFFICIALS OF THE CITY OF VIRGINIA BEACH WHEREAS, the people of Virginia Beach must be ass,r,d that the conduct of their elected and appointed officials is, at all times and in all respects, in keeping with the highest ethical standards; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that the following be the "Code of Ethics for the Elected and Appointed Officials for the City of Virginia Beach": 1. That all elected and appointed officials of the City of Virginia Beach are agents of public purpose and hold office for the benefit of the public. 2. The conduct of elected and appointed officials in both their official and private affairs shall be above reproach. 3. Elected and appointed officials will neither use their offices for private gain nor grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. 4. Elected and appointed officials are bound to uphold the Constitution of the United States and the Constitution of Virginia and to carry out impartially the laws of the nation, state and municipality and thus foster respect for all government. This includes, inter alia, compliance with the Virginia Freedom of Information Act, the Virginia Privacy Protection Act of 1976, and the Conflict of Interests Ordinance of the City of Virginia Beach. 5. Elected and appointed officials are bound to observe i, their official acts the highest standards of honor and integrity and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Adopted by the Council of the City of Virginia Beach on the 14th day f April -, 1986. - 38 - Item II-L.4. RESOLUTIONS/ORDINMCES ITEM # 25237 Rae H. LeSesne, President of the Council of Civic Organizations, spoke in OPPOSITION to ADOPTION of the CONFLICT OF INTERESTS ORDINANCE as altered from the previous one composed by the Mayor's Code of Ethics Committee. Mr. LeSesne urged the restoration of the original Ordinance. Georgette Constant-Davis, resident, spoke in OPPOSITION to City Council appointing the "special legal advisor/prosecutor" In order to enforce the provisions of said Ordinance. Councilman Jennings referenced he would not be supporting the CONFLICT OF INTERESTS ORDINANCE as same is not as stringent and effective as desired. Councilman Jennings further referenced his comments concerning this proposed Ordinance on January 21, 1986. (Copy of same is hereby made a part of the record). Councilwoman Oberndorf read and distributed to City Council her letter of April 13, 1986, concerning salient points that need to be modified in the CONFLICT OF INTERESTS ORDINANCE. (Said letter is hereby made a part of the record.) Councilman Baum advised of his support of the ORDINANCE and believed the Ordinance should be ADOPTED, subject to amendment as revisions were presented. Councilwoman Creech advised her past efforts as well as others to procure a clarification of the State Conflict of Interests Ordinance has been unproductive and therefore, she would support the City's CONFLICT OF INTERESTS ORDINANCE. This ORDINANCE would serve to allow City Officials to take action with confidence. Councilwoman Henley reiterated her suggestions concerning revision of this CONFLICT OF INTERESTS ORDINANCE. Said letter of April 14, 1986, is hereby made a part of the record. Councilman Robert Jones advised of a five-page written statement submitted to City Council stating his objections to said ORDINANCE which he believed should be both simple and strict. Vice Mayor McClanan advised the word "Association" after the words "Virginia State Bar" should be deleted from said Ordinance. The word "Association" is utilized twice in Paragraph A, and B under Section VI. ENFORCEMENT OF CONFLICT OF INTERESTS ORDINANCE on Page 6. Upon motion by Councilman Louis Jones, secorided by Councilman Baum, City Council ADOPTED: Ordinance establishing a Conflict of Interests Ordinance for the City of Virginia Beach, Virginia; requiring certain disclosures and providing for the enforcement thereof; establishing penalities for violations for certain elected and appointed officials of the City. April 14, 1986 - 39 - Item II-L.4. RESOLUTIONS/ORDINANCES ITEM # 25237 (Continued) Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S- and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. and Robert G. Jones Council Members Absent: None - 39a - AN ORDINANCE ESTABLISHING A CONFLICT OF INTERESTS ORDINANCE FOR THE CITY OF VIRGINIA BEACH, VIRGINIA; REQUIRING CERTAIN DISCLOSURES AND PROVIDING FOR THE ENFORCEMENT THEREOF; ESTABLISHING PENALTIES FOR VIOLATIONS I. INTENT The intent of this Ordinance is: A. To provide that the public acts of members of the City Council, and its appointees, are to further public interest without favoritism to spec!ial interests or personal interest, and B. To establish a procedure for definitive guidance so that persons subject to its provisions may reliably avoid both conflicts of interest and the appearance of conflicts of interest. ii. SCOPE This Ordinance shall apply to the following public officials: Members of City Council Members of the Planning Commission Members of the Development Authority Members of the Virginia Beach Community Development Corporation Members of the Wetlands Board City Manager City Attorney City Clerk City Real Estate Assessor Deputy City Manager for Development Assistant City Manager for Administration Assistant City Manager for Analysis and Evaluation Assistant City Manager for Human Services Director of Economic Development III. DEFINITIONS A. "Public Official" means one of the government officers listed in Section II above. The term "public official" used in describing matters of personal interest shall mean not only the public official, but also the spouse of that public official and any other relative who resides in the same household with the public official. I B. "Personal Interest" means a personal and/or financial benefit or liability accruing to a public official or to such person's spouse or other relative who resides in the same household and the public official has knowledge of said interest. Such interest shall exist by reason of: 1. Family relationship; 2. Ownership or participation in a business entity; 3. Income from a business entity; 4. Liability accruing to public official from a business entity; 5. Ownership or leasehold of real or personal property, tangible or intaigible; or, 6. Contributions or gifts. C. "Business Entity" me a-,l sany firm including sole proprietorship, partnership (limited or general), corporation (closely held or pilblic), professioial corporation, training school, educational institution, or any other organization that has among its purposes for existence the making of profit. D. "Income" means the amount of wages, salary, dividends, coTmissions, fees, royalties, rents, and other remuneration or gains from a business entity accruing to the public official. E. "Agency" means: City Council Planning Commission Development Authority Virginia Beach Community Development Corporation Wetlands Board P. "Relative(s)" means the official's siblings, pareits, grandparents, children and grandchildren, and the spouses of such persons; and, the individual's spouse and spouses' siblings, parents, grandparents, grandchildren, and their spouses. IV. DISCLOSURES Matters of personal interest which each public official must abstain and disclose openly after the vote when transactions involving these personal interests arise, are as follows: 2 1. Family Relationships a. Spouse b. Childre,,i c. Other relative(s) residing in same household 2. Business Ownership or Participation a. Principal occupation or livelihood. b. Business entity in which public official is an officer, director, partner, or employee; or transactions involving other officers directors, or partners of the business entity in which the public official is an officer, director, partner or employee except that this provision is not applicable to transactions where the other officer, director or partner is merely representing a third party before the public body and the public official has no personal interest with said third party. C. Business entity in which public official has an ownership interest of 3% or more of the total assets of said entity, or the liability accruing to the public official from an entity exceeds 3% of its total assets. d. Business entity that obtained services referenced in paragraph (1) below or purchased products or materials referenced in paragraph (2) below during the past year or reasonably expects to obtain or purchase same during the curre,nt calendar year from a business entity in which the public official is an officer, director, owner or part owner, agent, salesman, practitioner, associate or consultant: (1) Services in billing amounts of $5,000 or more; or (2) Products or materials in billing amounts of $15,000 or more; e. Transactions involving the rezoning of real property owned by or monetary appropriations to a charitable or non-profit organization in which public official is an officer, director, founder, or paid employee. 3 3. Income (See definition in Section III D.) Business entity from which public official has derived during the past year or reasonably expects to derive during the current calendar year income in the amount of $2,000 or more. 4. Real Estate a. Real estate in Virginia Beach and/or adjoining cities and counties owned wholly or in part by: (1) Public official; or (2) Business eitity in which public official is an owner or part owner. b. Individual, organization or business entity to whom public official has sold or purchased real estate during the past year and that property or a portion of same is the subject of a transaction before the public official within twelve (12) months of the sale. C. Any real estate that the public official has an interest in and the action before him has specific application to this real estate. "Specific application" is defined in Section 2.1-610 VA. CODE ANN. 5. Political Coitributions Individual, organization, or business entity that has contributed more than $500 to elected public official's most recent election campaign. 6. Gifts a. Individual, organization, or business entity that has made, during the past year, a gift or gifts, which have a cumulative value of $250 or more to the public official or his or her spouse or other relative who resides in the same household, such as: (1) Cash (2) Merchandise (including clothing, jewelry, furs, furniture, or works of art). (3) In-kind satisfaction, including use of auto, dwelling, boat, airplane, vacation trips, or reimbursement from 4 other than the city, agency or state for city or state sponsored official functions, meetings or conventions. (4) Forgiven cash debt of public official or his or her spouse, or relative residing in the same household. b. The following will be excluded from above: (1) Ceremonial gifts or awards; (2) Reasonable expenses for food, travel, lodging aid scheduled entertainment of the official for a meeting which is given in return for participation at the meeting. (3) Gifts from relatives or members of his household; or (4) Honorariums or awards for professional achievement. V. DISCLGSURE REPORTS A. Personal interests shall be declared in a written and sworn affidavit iising the report form appended, to be filled out by each public official once each year. The forms will be distributed by the City Clerk to be filled out and returned to the City Clerk by each July 15th. Thereafter, the reports will be kept on file for four (4) years. The files will be open to the public. B. In addition to making written disclosure, public officials will be required to disclose matters of personal interest that may arise during transactions conducted by the agency of which the public official is a member. The following procedures will be followed to ensure that conflict of interests are not permitted to bear upon these transactions, and, if they do arise or appear to arise, they become a matter of public recognition and record: 1. The presiding officer of each agency shall upon opening each session call upon all members as follows: "Any member here present who knows of any personal interest that he or she may have in a matter coming before this body at this meeting is required to refrain from any discussion and abstain from voting and disclose that interest after the matter is voted upon." 5 2 Disclosures are required irrespective of any prior written disclosure that may or may not have been made. 3. If a member has a Personal Interest in any matter on the agenda, he or she will refrain from the subject discussion, abstain from voting and after having abstained and the vote is cast, state for the record his or her reaso@n for abstaining. VI. ENFORCEMENT OF CONFLICT OF INTERESTS ORDINANCE A. In order to enforce the foregoing provisions, there is hereby created a special legal advisor/prosecutor who shall be appointed by City Council and serve for a term of one (1) year. Said legal advisor/prosecutor shall be a member of the Virginia State Bar. In response to an inquiry or request from a public official the special legal advisor/prosecutor shall render advisory opinions on any matter not yet acted on as to whether the facts in a particular case would constitute a violation of the provisions of this Ordinance. Irrespective of whether an opinion has been requested and rendered, the public official has the right to seek a declaratory judgment or other judicial relief as provided by law. The special legal advisor/prosecutor shall have such other powers and duties as hereinafter provided. B. In order to inquire into any alleged violation of any provision of the Conflict of Interests Ordinance, there is hereby, created a Conflict of Interests Advisory Committee consisting of three (3) members, all of whom shall reside in and be qualified voters of the City and at least one of whom shall be a member of the Virginia State Bar. The three members shall be appointed by City Council for a term of one (1) year. C. The three members of the Committee are eligible to serve if while serving these persons: 1. Do not hold any elected or appointed office nor are candidates for office of the United States, the State, the City or of any political subdivision thereof. 2. Are not employees of the City of Virginia Beach or members of any of its Boards or Commissions or active member of any political party. 6 D. In order to render a recommendation to the special legal advisor/prosecutor, there must be a unanimous vote of the three Committee members. E. The powers and duties of the Conflict of Interests Advisory Coumittee shall be applied and used only in relation to the public officials of the City of Virginia Beach to whom this Conflict of Interests Ordinance applies. F. The Committee will be activated and function as follows: In response to a written complaint from any other individual, signed and sworn to before the City Clerk and filed with the City Clerk, concerning any alleged violation of the provisions of this Ordinance. A false complaint may subject the complainant to a criminal charge for perjury. Complainant shall be so advised in writing upon filing the complai@t, and will sign al ack,.iowledgment thereof. If the complaint concerns a City official whose position is not subject to this Ordinance, the City Clerk will refer the complaint to the City Manager or other proper authority for appropriate action, and so notify the complainant. G. The Committee shall, upon receipt of such complaint, meet as soon as possible, but in no event to exceed thirty (30) days. If, after preliminary investigation, the Committee determines to proceed with an inquiry into the conduct of any public official, the Committee shall immediately notify the public official as to the inquiry and the allegations against him or her and shall thereafter schedule hearing(s) on the matter. The public official shall have the right to present evidence, cross-examine wi@@esses, face and examine the accuser, and be represented by counsel at any hearings. The Committee will hold hearings in a closed session unless the public official whose conduct is under inquiry files a written request to have the hearings conducted in public. H. The Committee is authorized by City Council to request subpoenas be issued and compel attendance of witnesses or the production of documents, books or other records, as necessary. The Committee is also empowered by City Council to apply to the Circuit Court to compel obedience to the subpoenas. I. After completing its investigation as to whether this Conflict of Interests Ordinance has been violated, the Committee shall dispose of the matter in one of the following ways: 7 I If the complaint is without merit, take no further action except to notify the public official and the complainant. 2. If the Committee determines there is a reasonable basis to conclude that the official willfully violated the provisions of the Conflict of Interests Ordinance, it shall recommend to the special legal advisor/prosecutor that he or she consider prosecution. 3. In the event the special legal/advisor prosecutor determines the evidence is sufficient to prosecute the official, then he or she may either proceed to the magistrate for a warrant or to the grand jury for an indictment. In the event the special prosecutor determines not to prosecute the alleged violation, he or she shall notify the affected public official. J. All proceedings during the investigation of any complaint by the Committee shall be confidential unless the public official elects otherwise under Paragraph G of this Section. This rule of confidentiality shall apply to the Committee Members and their staff. If this confidentiality is breached, the members and their staff may be subject to the provisions of Paragraph K and L below. K. Any person who willfully violates the provisions of the Conflict of Interests Ordinance shall be guilty of a Class I Misdemeanor. A willful violation of this Section is one in which the person engages in conduct, performs some act, or refuses to perform such act in which he or she k-lows or should know that the conduct is prohibited or required by this Ordinance. If any public official is charged with a willful violation resulted from his or her reliance upon a written opinion of the special legal advisor/prosecutor made after full disclosure of the facts, then such action is not a violation and would not be in violation of this Ordinance, in which case the official shall not be prosecuted for any violation of this Ordinance if in reliance on such opinion he or she violates this Ordinance. L. Any person who willfully violates any of the provisions of this Ordinance shall be guilty of malfeasance in of f ice. Upon conviction thereof, the judge or jury trying the case, may award a sentence of up to one (1) year in jail and/or af ine of up to One Thousand Dollars ($1,000) and may order the forfeiture of said office. 8 VII. DISQUALIFICATIONS If disqualifications in accordance with this ordinaice leave less than the number required by law to act, the remaining member or members shall have authority to act for the agency by majority vote, unless a certain percentage vote of all members is required by law, in which case authority to act shall require the same percentage vote of remaining members. Notwithstanding any other provisions of this Ordinance to the contrary, any public official whose sole interest in any proposed contract of sale, sale, exchange, lease or conveyance, is by virtue of their employment by a firm, partnership, or other business involved in a proposed contract of sale, sale, exchange, lease or conveyance, and where such official's or officials' vote is essential to a required majority pursuant to Article VII, Section 9 of the Constitution of Virginia and Section 15.1-307 of VA. CODE ANN., such official or officials may, after disclosure as referenced in this Ordinance, vote and participate in the deliberations of the agency concerning whether to approve, enter into or execute such contract of sale, sale, exchange, lease or conveyance. VIII. SEVERABILITY CLAUSE The provisions of this Ordinance are severable and if any provision, clause, sentence, section, word or part thereof is held illegal, invalid, u,@iconstitutional or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, words or parts thereof of the Ordinance or their application to other persons or circumstances. It is hereby declared that it be the legislative intent that this Ordinance would have been adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section, word or part had not been included therein, and if the person or circumstances to which the Ordinance or any part thereof is inapplicable had been specifically exempted therefrom. This Ordinance shall be in effect immediately upon adoption. Adopted by the Council of the City of Virginia Beach o,-l the 14th day of April 1986. 9 APPENDIX CITY OF VIRGINIA BEACH Annual Report of Disclosure of Matters of Personal Interest Pursuant to the Code of Virginia Beach, Virginia, Section I hereby disclose all matters of personal interest, as defined in Section of the Virginia Beach Code, on my part, on the part of my spouse (if any), and on the part of aly other relative residing in my household (if any), for calendar year 19_. NAME GOVERNMENT POSITION HOME ADDRESS PHONE NO. 1. FAMILY OR HOUSEHOLD MEMBERS NAME ADDRESS (if different) A. Spouse B. Children C. Any other relative residing in same household 2. BUSINESS OWNERSHIP OR PARTICIPATION A. Principal occupation or livelihood is: B. Business entities in which I am an officer, director, partner, or employee: NAME ADDRESS C. Business entities in which I have an ownership interest of 3% or more of the total assets of said entity, or the liability on behalf of an entity accruing to me exceeds 3% of its total assets. NAME ADDRESS 3. INCOME Each business entity from which I have derived, during the past year or reasonably expect to derive during the current calendar year, income in the form of wages, salary, dividends, commissions, fees, royalities, rents, and other renumerations or gains, or property, or the use of property, in the amount of $2,000 or more. NAME ADDRESS 4. REAL ESTATE A. Real estate, owned either wholly or in part, in Virginia Beach and/or adjoining cities and counties: LOCATION AND DESCRIPTION B. I purchased real estate in Virigina Beach and/or adjoining cities and cou.,ities during the year from the following individuals, organizations or business entities: NAME ADDRESS C. I sold real estate in Virginia Beach and/or adjoining cities and counties during the year to the following individuals, organizations, or business entities: NAME ADDRESS Location and Description of Properties Sold: 5. GIFTS Each individual, organization or business entity from whom I, my spouse or any other relative who resides in my household, has received gift(s) during the year valued at $250 or more in the form of cash; merchandise (including clothing, furniture, jewelry, furs, works of art); in-kind satisfaction (including use of auto, dwelling, boat, airplane, vacation trips), or has had forgiven a cash debt of $250 or more. (NOTE: Exclusions referenced in IV. subsection 6.a.(3) and 6.b. of the Conflict of Interests Ordinance need not be reported): NAME ADDRESS I do solemnly swear or affirm that the foregoing information is full, true and correct to the best of my knowledge. Date Signature Signed and sworn to before me 0,1 the day of 1 19 in the City of Virginia Beach, Virginia. Notary Public My commission expires on This information will be available to the public and will be maintained on file for four (4) years. - 40 - Item II-M CONSENT AGENDA ITEM # 25238 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 3, 4, 6, 7, 8, 10 and 11. Items #2, #5 and #9 were voted upon seperately Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 - 4oa- ltem II-M. 1 CONSENT AGENDA ITEM # 25238a Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Agreement with the United States Department of Military Affairs for payment of use of the beach and parking areas on Camp Pendleton property. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 40a THIS rnade as of this 15th day of January, 1986, by and be@n the CITY OF VIRGINIA BEACH, a municipal corporation of the nwealth of Virginia (the "City"), party of the first part, and the DEP oF MILITARY AFF@, TH OF VIRGINIA (the "Ccmmnwealth"), party of the second part, That for and in consideration of the following mutual covenants, the sufficiency of which is hereby acknowledged, the City and the nwealth ag ree as follows: 1. The Coamnwealth authorizes the City, and its franchisees and agents (hereinafter collectively referred to as the "City"), to use the beach area consisting of 800 feet of beach/ocean front c@ncing at the North end of the Common @ lth's property and running South along the beach for 600 feet and thence Westward over the sand dunes to a point East of the rifle range; plus an existing fenced parking area West of the sand dunes, (alnd hereinafter called "Beach"), being a portion of the sanie area utilized by the City '.:or the purposes enumerated herein in previous years. 2. The City may conduct, allow, or provide for Beach activities on the Beach in accordance with the following schedule: a. On the following weekends during May, September and October of 1986, May 24-25; Septenber 6-7, 13-14, 20-21, and 27-28; October 4-5, 11-12, 18-19, and 25-26. At the time of the signing of this Agreement, the Coamnwealth does not plan on using the range facilities during the weekend dates just heretofore noted. However, if the range(s) is/are required for these weekends, then the City will be so notified 15 days in advance 1 therefore be denied the use of the beach area noted herein for the appropriate @end; and b. On a daily basis frcm May 26, 1986 thrcugh Sept@r 5, 1986. Notwithstanding the above schedule, the ccmmnwealth may close the Beach to the City when necessary for ermrgency military activities (but see also paragraph 15 below). c. This Agreemnt shall terminate in full at midnight, 31 October, 1986. 3. The public's use of this area shall be liinited to the area specified in paragraph I above. 4. Daily Beach activities shall be permitted only between the hours of 6:00 a.m. and sunset. The City shall n-ake available an emergency telephone which shall be operational during all periods when the Beach is open to the public. 5. With the exception of those charges specified in paragraph 7, no charge shall be levied for admittance to the Beach. 6. Conmrcial activities, such as concessions, will be all@ but only to the extent necessary to provide services for day beach visitors, included but not limited to concessions, rental of beach equi@t, and the sale of sundry itens for beach-related use. The City may franchise any or all of these activities separately or in conjunction with the provision of lifeguard servioe. 7. The City may charge fees in amounts not to exceed those listed below for parking within existing parking areas. Charges ior parking will be permanently displayed on signs at the North entrance of the parking lot. The following max@ fees are hereby authorized: a. Cars, weekdays $2.00 b. Cars, weekends and holidays - $5.00 c. Bus Parking - $10.00 8. The City will ensure that lifeguard ser-vice is provided at all tines when the Beach is open to the public as provided herein. The City may provide this service directly or through a franchise agr @t. All lifeguards will be familiar with the proper administration of energency first aid, and first aid supplies will be available at all times. The lifeguards will not authorize surfing South of the Southern boundary fence extended Eastward. 9. The public must enter the Beach through the gate at the South end of Vanderbilt Avenue or through the existing pedestrian gate. No entrance will be authorized through any of the gates used for military purposes or from a military area. 10. The City will provide periodic police patrol at the Beach as necessary. 11. The City or its franchisees will provide ccitprehensive general liability i-nsurance and/or self insurance for damage to person and property caused by its agents or eniployees in the maintenance or operation of the Beach used for surfing and swiming and shall save the Commonwealth harmless for any injury caused by the City, its franchisees, employees, and agents, in the performance of this Agreenient. Satisfactory evidence of this shall be submitted to the nwealth.before any use of the Beach by the City shall ccmnence. 12. The City will install and maintain adequate signs warning surfers that the nwealth will not ass@ risk for their activities and will install and maintain adequate signs designating the restricted areas. 13. All activities conducted on the Beach will adhere to federal and state regulations for the protection of the envirorment. This will include, but is not limited to, protection of the sand dunes and backbeach area as defined in the Virginia Coastal Pr@ Sand Dune Protection Act of 1972, as amended (Title 62-1); protection of the migratory peregrine falcon under the Federal Endangered Species Act; and adherence to federal and state regulations regarding storm water runoff fran parking lots. 14. The City will enforce all regulations posted on the Beach. 15. Termination and Restrictions. This Agreement may be terminated, in whole or in part, without liability to the State in the event of a National Emergency as declared by the President; or, in the event of a State Emrgency or State need as declared by the Governor or the Adjutant General of Virginia or his designee. In addition, use of the area by the City ney be restricted or curtailed, in whole or in part, in the event of a military contingency or need beyond the control of the Virginia Army National Guard. However, the State Adjutant General agrees to use his best efforts to coordinate this requiregent so as to permit the City use of the area for the intended purposes of this Agrenent. Absent an @rgency, the Coamnw-alth shall give 48-hours written notice of its desire to restrict, curtail, or cease the City's use of all or any part of the Beach. 16. Prior to August 1, 1986, the City will pay to the CaTrnonwealth the sum of Ten Dollars ($10,000.00) as rent for use of the prernises during the tirm period as described herein, plus the agreed upon sum of Five Thousand Dollars ($5,000.00) for the previous year. The City shall keep as its proper-ty all in@ fran parking and concessions as authorized herein. 17. The City and the Cmmnwealth acknowledge that the City has prepared architectural and engineering studies to enlarge and landscape the parking surface and construct semi-permanent concession and toilet facilities in the area now utilized by the City. Thesd studies have been suhinitted to the Commonuealth for approval. If approved, and if this Agreement is still in being, then this Agr@t will be modified to allow the City to construct said improvenients as are approved by the Cmmnwealth. the following signatures and seals as of the day, month, and year first above written. CITY OF ViFtG@ BEACH By: Thcn,as H. Muei-ilenbeck City Manager ATTESr: Ruth Smith, City Clerk DEP@ OF AFFAIRS TH OF By: John G. Castles, MG, VaAlM The Adjutant General OF crry oF to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that THCMAS H. City Mamger, and RURH H. SMITH, City Clerk, on behalf of the City of Virginia Beach, whose names are signed to the foregoing Agreemnt have acknowledged the saire before me in my City and State aforesaid. GIVEN under my hand this day of 1986. Notary Public My Ccmission Expires: TH OF CrrY OF RICHWM, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby cer-tify that JOHN G. CASTLES, Major General, Virginia Army National Guard, Department of Mili@ Affairs, Cwmnwealth of Virginia, whose naae is signed to the foregoing Agreement has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1986. Notary Public My Ccmission Expires: - 41 - Item II-M.2 CONSENT AGENDA ITEM # 25239 Upon motion by Councilman Fentress, seconded by Councilman Robert Jones, City Council DEFERRED until the City Council Meeting of April 21, 1986: Ordinance graiting a franchise to Princess Anne Inn, Inc. to operate an open air/stub street park cafe, and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced therein. Henry Ruiz, Interim Director of the RESORT AREA ADVISORY COMMISSION, responded to City Council's inquiries concerning the location of the open air/stub street park cafe. This cafe will be located on the raised plaited bed adjacent to the side door of the restaurant of the Princess Anne Park Inn. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jeinings, Jr., Louis R. Jones, 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 - 42 - Item 11-M.3 CONSENT AGENDA ITEM # 25240 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Ordinance granting a franchise to Kona Koast Corporation to operate an open air/boardwalk cafe, and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contai,ied and/or refere-leed therein. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Ilarold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 -42a - z 1- z 0 u z AN ORDINANCE GRANTING A FRANCHISE 0 TO KONA KOAST CORPORATION TO OPERATE AN OPEN AIR/BOARDWALK CAFE', AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A 0 FRANCHISE AGREEMENT, SUBJECT TO THE 1% CONDITIONS CONTAINED AND/OR REFERENCED HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks; and WHEREAS, Kona Koast Corporation (t/a Kona Kafe') has submitted an application for the operation of an open air/boardwalk cafe' and has paid the application fee; and WHEREAS, the representations made in the application comply with the afore-mentioned regulations; and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That a franchise is hereby granted to Kona Koast Corporation to operate an open air/boardwalk cafe' at 18th Street and Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 1986, to April 30, 1987, and that the City Manager is hereby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore-mentioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of April 1986. RMB/jmh 0 4/02/86 (D) - 43 - Item 11-M.4 ITEM # 25241 CONSENT AGENDA Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Ordinance granting a franchise to Oceanside Investment Association to operate an open air/boardwalk cafe, and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced therein. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, 11. Jack Jennings, Jr., Louis R. Jones, 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 43a - z r z 0 0 u AN ORDINANCE GRANTING A FRANCHISE 0 10 TO OCEANSIDE INVESTMENT ASSOCIATION 1- , < < TO OPERATE AN OPEN AIR/BOARDWALK < CAFE', AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO > 0 EXECUTE A FRANCHISE AGREEMENT, ce SUBJECT TO THE CONDITIONS CONTAINE D AND/OR REFERENCED HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks; and WHEREAS, oceanside Investment Association (t/a Holiday Inn Oceanside) has submitted an application for the operation of an open air/boardwalk cafe' and has paid the application fee; and WHEREAS, the representations made in the application comply with the afore-mentioned regulations; and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That a franchise is hereby granted to Oceanside Investment Association to operate an open air/boardwalk cafe' at 2105 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 1986, to April 30, 1987, and that the City Manager is hereby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore-mentioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of -April 1986. RMB/jmh 04/0 3/8 6 - 44 - Item II-M.5 CONSENT AGENDA ITEM # 25242 Upon motion by Councilman Robert Jones, seconded by Vice Mayor McClanan, City Council DEFERRED the FIRST READING: Ordinance to appropriate $358,812 to acquire the site for Project #3-950 Juvenile Court building and to authorize the City Manager to enter into negotiations for the acquisition of the Juvenile Court site and for the purchase of options on other property for the Muncipal Complex. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor liarold Heischober, Barbara M. Henley, Louis R. Jones, 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 R. Jack Jennings, Jr. - 45 - Item II-M.6 CONSENT AGENDA ITEM # 25243 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED upon FIRST READING: Ordinance to accept $2,900 from the Federal Highway Safety Grants Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Ober,idorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech A ril 14 1986 - 45a - AN ORDINANCE TO ACCF.PT $2,900 FROTM THE FEDERAL HIGHWAY SAFETY GRANTS PROGRAM WHEREAS, the City of Virginia Beach, Virginia desires to encourage and enhance safety on its streets and highways by formal trainirig prcyvided to the employees of the Department of Public Works, Traffic Engineering Division, and WHEREAS, the city has applied for and has been accepted for the High@ Safety Grant #TE86-0-52907 to provide furiding for formal safety training. NOW, RE, BE IT OFOAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACii, VIRGINIA that the grant in the amount of $2,900 be accepted arid appropriated to the budget of the Department of Public Works, Traffic Engirieeing Division, and BE IT FURTHER ORDAINED that these funds be reflected as an adjustment to the Grants' revenues. This ordiriance shall be effective frcm the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1986. First Reading: April 14, 1986 Second Reading: PWO HGWYSAFETY - 46 - Item II-M.7 CONSENT AGENDA ITEM # 25244 Upon motion by Cou,.icilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $82,082 of capital project appropriations to fund the acquisition of right-of-way for London Bridge Road Phase I. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberqdorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech - 46a - AN ORDINANCE TO TRANSFER $82,082 OF CAPITAL PROJECT APPROPRIATIONS TO FUND THE ACQUISITION OF RIGHT-OF-WAY FOR LONDON BRIDGE ROAD-PHASE I WHEREAS, in the pla@ for the developmnt of the Br@'s Fam site, a portion of Loridon Bridge Road relocated will be dedicated w4 coristructed by the developer, and , in order to comect the developer-constructed section of Loridon Bridge Road with the existing road, the City will need to acquire 900 feet of right-of@, and WHEREAS, funds for the acquisition of the right-of @ y, estimated to cost $82,082, have not been appropriated and may be finariced by the transfer of appropriations from project #2-408 North Witc@k Road. NOW, RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA that furxis in the amo=t of $82,082 be transferred fran project #2-408 North Witchduck Road to project #2-055 London Bridge Road-Phase I, This ordiriance shall be effective frcm the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Fourteenth day of April 1986. 9C/ORDBROWN - 47 - Item II-M.8 CONSENT AGENDA ITEM # 25245 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer $81,000 within the Department of General Services for the purchase of microwave transmission system for fire and smoke alarms. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 - 47a - AN ORDINANCE TO TRANSFER $81,000 WITHIN THE DEPARTMENT OF GENERAL SERVICES F'OR THE PURCHASE OF A MICROWAVE TRANSMISSION SYSTEM FOR FIRE AND SMOKE ALARMS WHERF-AS, the fiscal year 1985-1986 operatirig budget i@luded $168,000 for fire alam @tems for nine (9) municipal buildings and a microwave system for @nty-six (26) buildings to tranmit fire and smoke alarms from the affected building to the Public Safety/Co@ications Center, and , the revised estimated cost based upon bid prices is ncw $249,000 or $81,000 less than the bageted amount, and , due to a mild heatirig season and a lover rate contract with VEPOO, sufficient surplus funds exist in the electrical services account budgeted in the Department of General Services to fund the increase in cost for the fire alar-m systems. NOW, RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY' OF VIRGINIA BEACH, VIRGINIA that in the amount of $81,000 be transferred within the General Services /Building Mainteriance @get unit to purchase this equipment. This ordirkince shall be in effect frcin the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Fourteenth day of April , 1986. - 48 - Item II-M.9 CONSENT AGENDA ITEM # 25246 Upon motion by Vice Mayor McClanan seconded by Councilman Louis Jones, City Council DEFERRED: Ordinance to transfer $65,000 of appropriations to f inance a consultant contract with Cresap, McCormick and Paget for the preparation of an executive and classified pay plan and for performance appraisal review and recommendations. Vice Mayor McClanan referenced an article in the RICHMOND-T]24ES DISPATCH concerning Henrico County performing a Single Classification Pay Plan for its School System as well as their Governing Body. Vice Mayor McClanan requested a letter be forwarded to the Virginia Beach School Board ascertaining their willingness to do the same. As per the Vice Mayor's request, a BRIEFING will be scheduled entailing the background of the previous consultant's study by Cresap, McCormick and Paget as well as the current City Pay Plan. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert 0. 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 - 49 - Item II-M.10 CONSENT AGENDA ITEM # 25247 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED the APPOINTMENT OF VIEWERS-. Ord:L,iance closing, vacating, and discontinuing a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point on the east side of Andrew Jackson Lane at the boundary line between two parcels indicated as property of Hermitage Townhouses Associates, a Limited Partnership, and Parcel 2 on Plat of Subdivision of Hermitage, Section One, Bayside Borough, Virginia Beach, Virginia. The Viewers are: Robert J. Scott Director of Planning David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Voting: 10-0 Cou,icil Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Gouncil Members Absent: Nancy A. Creech 49a - ORDINANCE APPOINTING VIEWERS WHEREAS, The Runnymede Corporation has given due and proper Inotice, in accordance with the statutes for such cases made and provided that they will on the 14th day of April, 1986 apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that icertain street of variable width, and has filed such application I iwith said Council. I NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, virginia: THAT C. Oral Lambert, Jr. Robert J. Scott and David Grochmal are hereby appointed to view the below described property and report in writing to the Council on or before whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point on the East side of Andrew Jackson Lane at the boundary line between two parcels indicated as Property 6f Hermitage Townhouses Associates, a Limited Partnership, and Parcel 2 on Plat of Subdivision of Hermitage, Section one, Bayside Borough, Virginia Beach, Virginia and recorded in Map Book 114 at page 10 in the Clerk's office of the Circuit Court of the City of Virginia Beach and proceeding along the easterly side of Andrew Jackson Lane North 42' 021 491 West a distance of 52.60 feet to the point of beginning thence North 42' 021 491 West a distance of 25.50 feet to a point thence along a curve to the right having a radius of 20.00 feet an arc distance of 29.14 feet to a point thence North 41* 251 2111 East 195.63 feet to a point thence along a curve to the right having a radius 2970.00 feet an arc distance of 5.34 feet to a point thence South 57' 221 551 East 25.76 feet to a point thence along Pleasure 49b - House Road, variable right of way South 41' 271 111 West 207.83 feet to a point thence along a curve to the left having a radius of 20.00 feet an arc distance of 29.15 feet to the point of beginning. The portion to be closed is 0.13 acres. All the above as shown upon that certain plat entitled, "Plat of Pleasure House Road To Be Closed-Lynnhaven Borough-Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. ADOPTED: April 14, 1986 IEGUM P.A. AT"@B AT ONZ co@CIC P@ @UCK RO" AT B@ @T OFFI@ @x 615" VlEtG@ B"C2L VIRG@ @2 CERTIFICATE OF VESTING OF TITLE I, Peter McBride, attorney for The Runnymede Corporation, d,- hereby certify that: 1. I am an attorney at law and represent The Runnymede Corporation, the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, then title to said property will vest in The Runnymede Corporation, t adjacent landowner. The title to the adjacent property derives from a deed to The Runnymede Corporation from R. G. Moore, et al dated December 19, 1984 recorded in the clerk's office of the Circuit Court of the City of Virginia Beach in Deed Book 2386 at page 722. The said property referred to herein is hereby described as follows: Beginning at a point on the East side of Andrew Jackson Lane at the boundary line between two parcels indicated as Property of Hermitage Townhouses Associates, a Limited Partnership, and Parcel 2 on Plat of Subdivision of Hermitage, Section One, Bayside Borough, Virginia Beach, Virginia and recorded in Map Book 114 at page 10 in the Clerk's office of the Circuit Court of the City of Virginia Beach and proceeding along the easterly side of Andrew Jackson Lane North 42* 021 49, West a distance of 52.60 feet to the point of beginning thence North 42' 021 491 West a distance of 25.50 feet to a point thence along a curve to the right having a radius of 20.00 feet an arc distance of 29.14 feet to a point thence North 41* 251 211, East 195.63 feet to a point thence along a curve to the right having a radius 2970.00 feet an arc distance of 5.34 feet to a point thence South 57* 22' 55' East 25.76 feet to a point thence along Pleasure House Road, variable right of way South 41' 271 111 West 207.83 feet to a point thence along a curve to the left having a radius of 20.00 feet an arc distance of 29.15 feet to the point of beginning. The portion to be closed is 0.13 acres. PETER MCBRIDE - 50 - Item II-M.11 CONSENT AGENDA ITEM # 25248 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED: Low Bid to Higgerson-Buchanan, Inc. in the amount of $1,750,993 for the construction of Landfill No. 2 Improvements (Clay Cap). Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 April 14, 1986 - 51 - Item II-N.1 UNFINISHED BUSINESS ITEM # 25249 The City Clerk advised The Camp Pendletou Agreement: Staff Presentation was inadvertently placed on the AGENDA. This item had been presented at the City Council Meeting of April 7, 1986. - 52 - Item II-N.2 UNFINISHED BUSINESS ITEM # 25250 William Duncan, represented self, and spoke in support of the Old Donation Parkway's deletion form the MASTER STREET AND HIGHWAY PLAN Dr. Steven Taubman, resident of Little Neck, spoke against Old Donation Parkway and in favor of the sale of the rights-of-way. Jim Lawson, of the Real Estate Department, provided research concerning the right-of-way for OLD DONATION PARKWAY and advised City Council concerning: Parcel Location, Acreage/Square Footage, Method of Acquisition, and Improvements. Said information is hereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council directed the City Attorney to study and make recommendations concerning disposition of dedicated parcels (OLD DONATION PARKWAY). Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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 - 53 - Item II-0.1 NEW BUSINESS ITEM # 25251 ADD-ON Councilwoman Oberndorf advised the NATIONAL LEAGUE OF CITIES Steering Committee on Energy, Environment and Natural Resources will hold their Spring Meeting in the City of Virginia Beach on May Thirtieth and Thrity-first. Thirty-five (35) officials will be in attendance, some from as far as Fairbanks, Alaska. - 54 - Item II-0.2. NEW BUSINESS ITEM # 25252 ADD-ON The City Manager advised the GOVERNOR'S COMMISSION ON HIGHWAYS met in Richmond today, April 14, 1986. The Group was divided into various study committees, of which the City Manager was placed on the Critical Funding Committee. This Committee will be meeting again on April 28, 1986. - 55 - Item II-P ADJOURNMENT ITEM # 25253 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the meeting at 6:55 P.M. 8. e@l O@.f Chief Deputy City Clerk @Ath Hodgeif Smith, CMC rity Clerk City of Virginia Beach Virginia