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Home My WebLink AboutJUNE 27, 1983 MINUTES "VVORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOIJIS R. ]ONES, B.y,id@ B.,o.gb VICE-MAYOR 13ARBARA Al. IIENLEY, P.@g@ 13.,.,gb JOIIN A. BAI)@@. B .... gb ,NANCY A. CREECII, At L.," IIAROLD liEtSCIIOBER, A@ L.,g@ 11. JACK ]ENSINGS. JR., L,,..b..@, B.-.gh ROBERT G. ]ONES, A, L.,g@ W. 11. KITCIIIN, Ill, Vigi@i- li@.,b REBA S. AI,CLANA.11, A,,@, B,,,..gh 212 C/7 Y IIALL BUILDING J. IIFVRY AI,COY, JR., K@.p@@,11, B,,,,,.gb Mfl,'il(:IPAL CENTER MEYERA E. OIJERNDORF, A, L.,g, VIRGI,41A BEACII, VTRGINIA 23456 RUTII 1100(;ES SMITII, CMC, Ciiy Gl,,k, (804) 427-4 30 3 CITY COUNCIL AGENDA June 27, 19S3 ITEM I INFORIIAL SESSION: 4:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion @_ Council. E. CITY MANAGER'S ADMINISTIZATIVE ITEMS: 1. ood Land Use Task Force: Presentation of recommendations. 2. Schedule for Briefing and Workshops on Planning Items: Recommendations of Vi.ce-Mayor Henley and Councilwoman Creech. 3. Interim Financial. Statements for July 1, Discussion. 4. Review of Consent Agenda. ITEM 11 FORMAL SESSION: 7:00 p.m. A. INVOCATION: Reverend T. E. Thieman, D.D. Knotts Island Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. C. ELECTRONIC ROLL CALL OF COUNCIL. D. MINUTES OF PREVIOUS MEETTNG: 1. Motion to accept/approve the Minutes of June 13, 1983. (Approval was deferred on June 20, 1983) 2. Motion to accept/approve the Minutes of June 20, 1983. E. PRESENTATIONS 1. Polly Pierce of the Miss Virginia Beach/Tidewater Pageant will present to Council: Doren Rae Mendoza Miss Virginia Beach Vallerie Joy Faber Miss Tidewater. 2. Proclamation: Independence Celebration Day - July Fourth. (Mrs. Priscilla Beede of the Green Run Homes Association will receive.) F. RESOLUTIONS 1. Resolution authorizing Certain Sand Grading Activities by Susan H. Crittenden, Et Al , at 3240 Sandfiddler Road - Sandbridge Beach Due to an Emergency Situation Caused by a storm on January 28, 1983. 2. Resolution providing for Amendment to the Articles of Incorporation of the Southeastern Public Service Authority of Virginia. (Public Hearing held by City Council on May 23, 1983 regarding a proposed resolution to amend the Southeastern Public Service Authority's Articles of Incorporation.) 3. Resolution Authorizing the City Manager to Make Application to the U. S. Department of Housing and Urban Development for Jobs Bill Funds in the Amount of $740,000. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS. 1. Resolution approving the Issuance of Industrial Development Revenue Bonds for U. S. Habitats ($2,700,000). 2. Resolution approving the Issuance of Industrial Development Revenue Bond to Donald E. Harvey and Joan E. Harvey ($920,000). 3. Resolution approving the Issuance of Industrial Development Revenue Bonds for TPD Associates ($200,000). 4. Resolution approving the Issuance of Industrial Development Revenue Bonds for ECPI of Tidewater Va., Inc. ($5,850,000). 5. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond to Bonney Road Associates ($1,850,000) 6. Resolution approving the Issuance of Industrial Development Revenue Bonds for Arrowhead Associates ($325,000). ITEM II F. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS (Cont'd) 7. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond for Fairfield Shopping Center ($800,000). 8. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond to Great Neck Village Associates ($300,000). 9. Resolution of City Council approving the Issuance of Industrial Development Revenue Bonds to Peterson-Quick II, a Virginia General Partnership ($525,000). 10. Resolution of City Council approving the Plan of Financing and Issuance of Industrial Development Revenue Bonds to Holland Center Associates ($700,000). 11. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond to Ilarbor Lights, Inc.($2,000,000). 12. Resolution approving the Issuance of Industrail Development Revenue Bonds for Mark F. Garcea ($600,000). 13. Resolution of City Council approving the Issuance of Industrial Development Revenue Band to HKII Associates II ($650,000). G. CONSENT AGENDA All matters listed under the Consent Agenda are considered iii the ordinary course of business by City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed froiR the Consent Agenda and considered separately. I .Study aiid Recormuendatioas of tbe Target Neighborhood Land Use Task Force. 2. Resolution expressing the Inteiit of the City of Virginia Beach to Conduct Certain Contract Negotiations witil the Army Corps of Engineers relating to tlie Lake Gaston Water Project. 3. Resolution of Approval by the City of Virginia Beach of the Virginia Housing Development Authority's Financing of a Proposed Multi-Family Residential Housing Project called Amhurst Apartments. (This matter was deferred for one week on June 20, 1983). 4. Resolution authorizing the City Manager to Employ for the Department of Economic Development Two Permanent Employees and Delete Two Temporary Employee PosiLions. 5. Ordinance to Amend and Reordain Chapter 2 of the Code f the City of Virginia Beach, Virginia, By Amending Sections 2-71, 2-81, 2-83, 2-84, 2-86, 2-101, 2-104, 2-108, 2-111, 2-112, 2-114, 2-116 and Adding Sections 2-83.1, 2-83.2, 2-117 and 2-118 pertaining to Personnel Policies. (This matter was deferred for two weeks on June 13, 1983 and the requests that this ordinance be deferred for two additional we@ks for furti;er review. 6. Ordinance Authoriziiig tbe Trustees of Wycliffe Presbyterian Church to take and hold Title to more than four acres of land within the City of Vir@.inia Beach, Virginia, as provided by Section 57-12 of the Code of Virginia (1950), subject to certain limitations. 7. Ordinance, on SECOND READING, to accept a grant from the Department of Corrections totaling $164,800 and to appropriate these funds for the Virginia Beach Community Diversion Program. 8. Ordinance, on FIRST READING, to accept grants totaling $34,682 from the Department of Criminal Justice Services, and to appro- priate these funds and a local contribution of "29,860. ITEM 11 H. PLANNING ITEMS (Cont,d) 7. Application of Bissett Realty, Inc. for a change of zoning from R-4 Residential District to 0-1 Office District on a 13,504- square foot parcel located at the northwest corner of North Great Neck Road and North Lakeside Drive (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 8. Application of Newtown Plaza Associates, a Limited Partnership, for a change of zoning_ from B-2 Community-Business District to A-2 Apartment District on a 16-acre parcel located along the south side of Baker Road, east of Newtown Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planiiing Commission for approval. 9. Application of Nimmo Corner Corporation for a change of zoning. from R-3 Residential District to R-5 Residential District on a 103-acre parcel located along the south side of Princess Aiine Road, west of Oceana Boulevard (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. By action of City Council, at the regular meeting June 6, 1983, this matter is DEFERRED to the next scheduled meeting of the Virginia Beach-City Council-at 2:00 PM Tuesday, July 5, 1983. I. ORDINANCES 1. Ordinance to authorize temporary encroachment into a portion of the right-of-way known as Denn Lane to Beachtowne Realty Corporation. 2. Ordinatice to Amend and Reordaiti Chapter 37 Amending Sections 37-7, 37-8, 37-16, 37-23, 37-46, and 37-47, and adding section 37-3.1 and 37-57 to the Code of the City of Virginia Beach, Virginia, pertaining to Various Water Fees and Cbarges. 3. Ordinance to Amend and Reordain Chapter 28 by Amending Sections 28-3, 28-4, 28-9, and 28-26, and Adding Section 28-31 of the Code of the City of Virginia Beach, Virgiiiia, pertaining to Various Sewer Fees and Charges. J. APPOINTMENTS 1. Arts and Humanities Commission 2. Eastern Virginia Health Systems Agency, Inc. 3. Social Services Board 4. Southeastern Virginia Planning District Commission. K. UNFINTSHED BUSINESS 1. 1983 Virginia Municipal League Legislative Package. L. NEW BUSINESS M. ADJOURNMENT 1. Motion to Adjourn. THE NEXT REGIJLAR MEETING OF VIRGTNIA BEACH CTTY COUNCIL WILL BE HELD: TUESDAY JULY 5 1983. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 27, 1983 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, June 27, 1983 at Four Thirty-Five in the after- noon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Robert G. Jones June 27, 1983 Councilman Jones arrived at 4:40 p.m. -2- ITEM # 20167 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Councilwoman Creech, Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones June 27, 1983 -3- M A T T E R S B Y C 0 U N C I L GORDON OLIVER APPLICATION ITEM # 20168 Councilman Jennings requested Council review the Gordon Oliver application which was denied June 6, 1983. This matter will be presented for further consideration July 5, 1983. NlMMO CORNER ASSOCIATES ITEM # 20169 Councilwoman Creech presented for Council's attention the request to DEFER until August 22, 1983, the application of Nimmo Corner Associates. ATLANTIC PARK TARGET AREA ITEM # 20170 Councilman Jennings stated that residents of OCEANA GARDENS are taking exception to their inclusion in the ATLANTIC PARK TARGET AREA. He asked for clarification as to steps to be taken to avoid this inclusion. Councilman Heischober requested a geographical map designating all Target Areas. The City Manager's office is in the process of preparing same and will have available for the next Council meeting (will include procedures to add/remove areas to/from Target Areas). FIRST COLONIAL BAPTIST CHURCH ITFM # 20171 Councilman Heischober requested expedition of a Conditional Use Permit applica- tion by FIRST COLONIAL BAPTIST CHTJRCH. This will be heard by the Planning Commission July 12 and is requested to be heard by City Council August 1, 1983. This item will be placed under "New Business" today. CERTIFICATE ITEM # 20172 Vice Mayor Henley received a certificate on behalf of Mayor Jones entitled "We Have It Made In Virginia" (expressed appreciation for participation in the "We Have It Made In Virginia" campaign, a cooperative effort of Virginia's public and private economic development sectors, to create greater awareness of the many products made, grown, processed or assembled in Virginia by companies providing jobs for Virginians). Said certificate bears the signature of Governor Charles S. Robb and a copy is hereby made a part of the record. June 27, 1983 -4- M A T T E R S B Y C I T Y M A N A C E R TARGET NEIGHBORHOOD LAND USE TASK FORCE ITEM # 20173 The City Manager commended the "Report of the Task Force and Recommendations" prepared by the Target Neighborhood Land Use Task Force as "one of the best organized reports" he has seen. He explained and noted recommendations. This report was presented to all Council members. Said report is hereby made a part of the records. The City Manager made reference to: i. Page 3, Item 7 ... "Retain the Task Force for one year..." Suggested for communication purposes, this may be looked upon as an Advisory Committee to the CAC. ii. Page 2 of CAC remarks ... detail zoning (Reedtown) ... R-4 may not be appropriate ... may be too restrictive. iii. Page 3 of CAC report ... Seatack ... Because the air rights may be purchased by the Navy, there may not be any otpions. Reverend Barnett Thoroughgood called attention to the seriousness of AICUZ. The United States Navy is encroaching upon the community of Seatack (which has been in existence for 100 years). No Federal assistance is given for "crash zones". Councilwoman Creech suggested having the Task Force look into the AICUZ problem. Mayor Jones received informal information from the United States Navy that $6.2 million was approved for this purpose. The City will have no financial responsiblity in this problem. In response to a question posed by Councilman Jennings, the City Manager replied the Citizens Advisory Committee would like to know, on a month-to-month basis, of forthcoming zoning applications to enable them to advise Council, in advance, as to whether the subject area is in a Target Area. Councilman Kitchin requested an Inventory of Target Neighborhoods. Councilman Heischober stated we do need a Comprehensive Study of the entire area. Task Force Chairman Ed Batten recommended members from the community in question be allowed input. BRIEFING ON PLANNING ITEMS TTEM # 20174 Recommendations of Vice Mayor Henley and Councilwoman Creech will be presented at informal Briefings scheduled for July 18, 1983 at 1:00 p.m. (to include Conditional Zoning, Agreements of Voluntary Compliance, Rezoning Process) AND July 25, 1983 at 1:00 p.m. (to include Landscape Ordinance, Definitions with the CZO, CIP Process, Major Right-of-Way Improvement Policy). June 27, 1983 -5- INTERIM FINANCIAL STATEMENTS ITEM # 20175 Director of Finance, Giles G. Dodd, presented to Council "Interim Financial Statements for the period July 1, 1982 through May 31, 1983" (copy of which is hereby made a part of the record). It was determined that only one June report would be given and the final report in September. REVENUE BONDS ITEM # 20176 Councilman Baum asked clarification on the status of the City's position regarding Industrial Revenue Bonds, to which the City Manager replied that Senators and Representatives had been sent verbatim transcripts of a previous Council meeting regarding this subject. Councilwoman Oberndorf suggested the possibility of a resolution (rather than a verbatim transcript) be prepared expressing the City's thoughts regarding said Bonds. Mayor Jones stated this would be discussed with the City Attorney in the Executive Session. PERSONNEL POLICIES ITEM # 20177 City Manager Muehlenbeck called attention to Item 5 of the Consent Agenda (Ordinance dealing with Personnel Policies) wherein it is requested this item be deferred for two additional weeks for further review. DAVID F. AND TTNA L. ELLIS APPLICATION - STREET CLOSURE ITEM # 20178 The City Manager asked that Item #1 under Planning Items be deferred to July 5, 1983. All papers are in order; however, the persons involved have not signed the papers and returned them. GAY VACATIONER ASSOCIATES APPLICATION - STREET CLOSURE ITEM # 20179 Councilman Kitchen requested from the Planning staff rationale used for the ,'swap" in this application. RECESS INTO EXECUTIVE SESSION ITEM # 20180 City Council recessed into EXECUTIVE SESSION at Five Thirty-Five in the afternoon. June 27, 1983 -6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCTL Virginia Beach, Virginia June 27, 1983 7:30 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend T. E. Thieman, D.D. Knotts Island Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 20, 1983 -7- Item II-D.1 MlNUTES ITEM # 20181 Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council voted to APPROVE AS CORRECTED the Minutes of June 13, 1983. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: W. H. Kitchin, TII June 27, 1983 -8- Item II-D.2 MINUTES ITEM # 20182 Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the Minutes of June 20, 1983. Voting: 10-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, Ill June 27, 1983 -9- Item II-E.1 PRESENTATTON ITEM # 20183 Mayor Louis R. Jones presented to the following a wooden circular City Seal and a pin with a replica of the Cape Henry Lighthouse: DOREN RAE MENDOZA "Miss Virginia Beach" VALLERIE JOY FABER "Miss Tidewater" MRS. JOAN BROOKE "Miss Virginia Beach" - 1963 Polly Pierce of the "Miss Virginia Beach/Tidewater Pageant" accompanied the Virginia Beach Beauty Queens. Item II-E.2 PRESENTATION ITEM # 20184 Mayor Louis R. Jones read a Proclamation declaring July Fourth, Nineteen Hundred Eighty-Three, as INDEPENDENCE CELEBRATION DAY. A copy of the Proclamation is hereby made a part of the record. Mrs. Priscilla Beede accepted the Proclamation on behalf of the Green Run Homes Association. June 27, 1983 -10- Item II-E.3 ADD-ON PRESENTATION ITEM # 20185 Mayor Louis R. Jones recognized the following: Dr. Colin W. Hamilton, Past President, Virginia Beach Medical Society Dr. R. E. ("Dick") Easton, Director, Virginia Beach Occupational Health Inasmuch as Dr. Warren was unable to be in attendance, Dr. Hamilton, on behalf of the Virginia Medical Society and the American Medical Association, presented the Mayor an Award of ACCREDITATION. This is the second two-year award in succession -- first one on June 22, 1981. The Award was presented through the Mayor to: The Medical Department Virginia Beach Correction Center In Recognition achieved NATIONALLY for the health care system provided to the inmates of the Virginia Beach Correction Center. There are approximately 4,000 jails in the United States of comparable size and caliber to Virgini.a Beach. Of these, only 105 have EVER been accredited by the Ainerican Medical Association in recognition of the high quality of the health care delivery system implemented within the jail and supported by the private medical community. The majority of those jails are given a ONE-YEAR accredita- tion. Virginia Beach is one of a total of only three (3) jails in the State of Virginia which has been accredited by the American Medical Association and their agent, American Health Care Consultants, Inc. in Chicago, Illinois. One of these other jails is in Newport News and the other is in Northern Virginia. Unique is that the Virginia Beach Correction Center has -- for the second time -- received a two-year accreditation -- with no lapse in time. This is the result of support coordinated from all major City administration, i.ncluding the City Manager, Finance Division, all health care delivery systems with Sheriff Smith. This team effort results in an award given to a group of people for their maintenance on a daily basis of the highly complex and, most times, liability-ridden health care delivery system. June 27, 1983 Item II-F.1 RESOLUTION ITEM # 20186 Alan J. Hofheimer, Attorney, and father of the applicant, spoke on the Sandbridge Beach emergency situation. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED the Resolution authorizing certain sand grading activities by Susan H. Crittenden, et al, at 3240 Sandfiddler Road - Sandbridge Beach - due to an emergency situation caused by a storm on January 28, 1983. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -lla- A RESOLIJTION AIJTHORIZING CERTAIN SAND GRADING ACTIVITIES BY SUSAN H. CRITTENDEN, ET ALS, AT 3240 SANDFIDI)LER ROAD - SANDBRIDGE BEACH DUE TO AN FMERGENCY SITUATION CAUSED BY A STORM ON JANUARY 28, 1983 WHEREAS, pursuant to S44-146.13, et seq. and subsection 3K of S62.1-13.25 of the Code of Virqinia, as amended, the governing body of the City of Virqinia Beach may declare an emergency for the purposes of authorizinq certain activities on coastal primarv sand dunes in order to protect the public health or safety without said activity having to be reviewed and approved by the local Wetlands Board; and WHEREAS, the permit process for authorization by the Wetlands Board for san(i qra(ling activities on coastal primary sand dunes qenerally involves several months; and WHEREAS, due to the heavy rain and wind storm on January 28, 1983, the h,-ach, shores and sand dunes located at Sandbridqe Bpach .ierf-- s(@rioti,;ly erode(i causina a hazard to the beach, shores and the property adiacent thereto and on February 7, 1983, City Cotincil authorized certain san(I qradinq activities at Sandbridqe due to said emerqency situation; and WTIERE4S, the maintance contractor employed by the property owner-@ of 3240 Sandfiddler Road - Sandbridqe Beach failed to replenish the eroded sand dunes adjacent to said residence; and WHEREAS, the property owners of the 3240 Sandfiddler Road are fearful that the safety of their dwelling may he in jeopardy iinles,; they are allowed to restore the sand dune adjacent to said Owelli,@q. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINTA, that pursuant to SS44-146.13, et spo. and subsection 3K of @62.1-13.25 of the Code of Virqinia, as amended, an erne-rqency is dpclarpd on the sandv beach area and sand dune east of 3240 Sandfiddler Road - Sandbridge Beach and the City Manaqer may issue a sand gradinq permit pursuant to -Ilb- 96-13 of the Code of the CitY of Virqinia Beach to conse,,e and protect the beach and shore and propf--rty adiacent thereto upon Proper application therewith. This Resolution shall take effect immediately. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 27thd,y f June 1983. DSH/re (RES.3) 6/21/83 APPROVED AS TO CONTENT DEPA@Tll,,,T -2- -1 2- Item II-F.2 RESOLUTION ITEM # 20187 Upon motion by Councilman Heischober, seconded by Vice Mayor Henley, City Council ADOPTED the Resolution providing for amendment to the Articles of Incorporation of the Southeastern Public Service Authority of Virginia. (Public Hearing held by City Council on May 23, 1983 regarding a proposed resolution to amend the Southeastern Public Service Authority's Articles of Incorporation.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, 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 June 27, 1983 -12a- A RESOLUTION PROVIDING FOR AMENDMENT TO THE ARTICLES OF INCORPORATION OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA BE IT RESOLVED by the Council of the City of Virginia Beach: 1. That the City of Virginia Beach (the "City") has found and determined and does hereby declare that: (a) The cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the counties of Isle of Wight and Southampton have heretofore created the Southeastern Public Service Authority of Virginia (the "Authority") pursuant to the provisions of the Virginia Water and Sewer Authorities Act, being Chapter 28, Title 15.1 of the Code of Virginia, 1950, as amended, in the manner and for the purposes set forth therein. (b) By certificate of amendment issued and admitted to record in the office of the State Corporation Commission of the Commonwealth of Virginia on January 23, 1976, the Articles of Incorporation of the Authority were amended so as to change the name of the Authority and so as to amend its purposes in certain respects. (c) The City, together with the other members of the Authority, now desires to further amend the Articles of Incorporation of the Authority by approval of the Articles of Amendment of the Southeastern Public Service Authority of Virginia set forth below, in accordance with the provisions of S15.1-1250 (o) of the Code of Virginia of 1950, as amended: -2- ARTICLES OF AMENDMENT OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA The Articles of IncOrporation of the Southeastern Public Service Authority of Virginia, as amended, shall be further amended by striking out section (d) and substituting the following: (d) The purposes for which the Authority is to be formed are to acquire, finance, construct, operate and maintain a water system and a garbage and trash collection and disposal system, all pursuant to the provisions of the Virginia Water and Sewer Authorities Act. The Authority may contract with the incorporating political subdivisions, any sanitary district thereof or any authority therein created pursuant to the Act to furnish water service and garbage and trash collection and disposal service upon such terms as the Authority shall determine; provided, however, that the same schedule of service rates shall be applicable to all such Political subdivisions unless the Authority, by unanimous consent of its members, authorizes different service rates for any one or more of tliem. The Authority is expressly prohibited from contracting with any other party desiring a supply of water except upon the written consent of the city or county within the geographical boundary of which such party is located. Pending compietion of the necessary engineering studies and estimates, it is not practicable to set forth herein preliminary estimates of capital costs and initial rates for services of proposed projects. 2. That this resoiution shail become effective when the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the counties of Isle of Wight and Southampton have consented to the proposed articles of amendment and have set forth the information herein contained by duly adopted concurrent ordinance or resolution; and that upon the adoption of such concurrent resolution or ordinance by the cities and counties -3- herein named, the proper officer of the City shall be authorized to execute the Articles of Amendment of the Southeastern Public Service Authority of Virginia, and his signature be attested by the clerk under the official seal of the City. 3. That this resolution shall take effect from the date of its adoption. Adopted by City Council of Virgirila Beach on the Twenty-Seventh day of June, Nineteen Hundred Eighty-Three. NOTICE OF PROPOSED ADOPTION OF RESOLUTION AND PUBLIC HEARING Notice is hereby given of the proposed adoption by the Council of the City of Virginia Beach of the following resolution providing for amendment to the Articles of Incorporation of the Southeastern Public Service Authority of Virginia: BE IT RESOLVED by the Council of the City of Virginia Beach: 1. That the City of Virginia Beach (the "City") has found and determined and does hereby declare that: (a) The cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the counties of Isle of Wight and Southampton have heretofore created the Southeastern Public Service Authority of Virginia (the "Authority") pursuant to the provisions of tlie Virginia Water and Sewer Authorities Act, being Chapter 28, 'I'itle 15.1 of the Code of Virginia, 1950, as amended, in the manner and for the purposes set forth therein. (b) By certificate of amendment issued and admitted to record in the office of the State Corporation Commission of the Commonwealth of Virginia on January 23, 1976, the Articles of Incorporation of the Authority were amended so as to change the name of the Authority and so as to amend its purposes in certain respects. -2- (c) The city, together with the other members of the Authority, now desires to further amend the Articles of Incorporation of the Authority by approval of the Articles of Amendment of the Southeastern Public Service Authority of Virginia set forth below, in accordance with the provisions of SS15.1-1250 (o) of the Code of Virginia of 1950, as amended: ARTICLES OF AMENDMENT OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA The Articles of Incorporation of the Southeastern Public Service Authority of Virginia, as amended, shall be further amended by striking out section (d) and substituting the following: (d) The purposes for which the Authority is to be formed are to acquire, finance, construct, operate and maintain a water system and a garbage and trash collection and disposal system, all pursuant to the provisions of the Virginia Water and Sewer Authorities Act. The Authority may contract with the incorporating political subdivisions, any sanitary district thereof or any authority therein created pursuant to the Act to furnish water service and garbage and trash collection and disposal service upon such terms as the Authority shall determine; provided, however, that the same schedule of service rates shall be applicable to all such political subdivisions unless the Authority, by unanimous consent of its members, authorizes different service rates for any one or more of them. The Authority is expressly prohibited from contracting with any other party desiring a supply of water except upon the written consent of the city or county within the geographical boundary of which such party is located. Pending completion of the necessary engineering studies and estimates, it is not practicable to set forth herein preliminary estimates of capital costs and initial rates for services of proposed projects. -3- 2. That this resolution shall become effective when the cities of Chesapeake, Franklin, Norfolk, Pc@rtsmouth, Suffolk and Virqinia Beach and the counties of Isle of Wight and Southampton have consented to the proposed articles of amendment and have set forth the information herein contained by duly adopted concurrent ordinance or resolution; and that upon the adoption of such concurrent resolution or ordinance by the cities and counties herein named, the proper officer of the City shall be authorized to execute the Articles of Amendment of the Southeastern Public Service Authority of Virginia, and his signature be attested by the Clerk under the official seal of the City. 3. Tliat this resolution shall take effect from the date of its adoption. A public hearing on the adoption of the proposed resolution will be held on 1983, at Any interested persons or groups may appear at the time and place listed above and will be given an opportunity to present testimony or offer comments regarding the adoption of the proposed resolution. Persons wishing to submit written comrnents may do so by submitting them to the hearing officer at the public hearing or sending them directly to on or before 1983. -13- Item II-F.3 RESOLUTION ITEM # 20188 Reverend Barnett Thoroughgood spoke on the Jobs Bill Funds. Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City Council ADOPTED a Resolution authorizing the City Manager to make application to the U. S. Department of Housing and Urban Development for Jobs Bill Funds in the amount of $740,000. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -13a- Requested by the Office of Housing and Community Development RESOLUTTON AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR JOBS BILL FUNDS IN THE AMOUNT OF $740,000 WHEREAS, the President of the United States signed the Emeraency Jobs Appropriations Sill of 1983 on May 19, 1983; and WHEREAS, this Bill provides funds to the City of Virginia Beach to carrv out certain activities authorized by this Bill; and WHEREAS, the City of Virqinia Beach has conducted a public hearinq to receive recommendations for the use of these funds; and WHEREAS, several activities have been developed which meet the objectives of the Jobs Bill Funds; and WHEREAS, the City of Virqinia Beach is desirous of carrying out these activities. 'L40W, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRRINIA BEACH, VIRIGNIA: TfiAT the Citv Manaaer is hereby authorize(I and directed to cause such information or material, as may be necessary, to be provided to the U.S. Department of Housing and Urban Development which will pernit the review and approval of the City's Jobs Bill Application for $740,000. AND BE IT FTJR"PHER RESOLVED, that the Council of the City of Virginia Reach (lives its asstirance that the iltent of the Jobs Bill will be complied with in full; and BE IT FURTHEP RESOLVED, that the U.S. Department of Housing and Urban Development is respectfully requested to assist in the prompt aporoval and fundinq of the subject program in -13b- order that the public interest of the City of Virginia Beach may be protected. Adopted bv the Council of the Citv of Virginia Beach, Virginia on the 27th day of June 1983. DSH/re 6/20/83 (RES.3) APPROVED AS TO CO:@!:@@ APAROVED Al@ 0 T@@ CIIY I -2- -14- Item II-F.A RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS ITEM # 20189 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council voted to ADOPT the following Resolutions: 1. Resolution approving the Issuance of Industrial Development Revenue Bonds for U. S. HABITATS ($2,700,000). 2. Resolution approving the Issuance of Industrial Development Revenue Bonds for DONALD E. HARVEY AND JOAN E. HARVEY ($920,000). 3. Resolution approving the Issuance of Industrial Development Revenue Bonds for TPD ASSOCIATES ($200,000). 4. Resolution approving the Issuance of Industrial Development Revenue Bonds for ECPI OF TIDEWATER, VIRGINIA, INC. ($5,850,000). 5. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond to BONNEY ROAD ASSOCIATES ($1,850,000). 6. Resolution approving the Issuance of Industrial Development Revenue Bonds for ARROWHEAD ASSOCIATES ($325,000). 7. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond for FAIRFIELD SHOPPING CENTER ($800,000). 8. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond to GREAT NECK VILLAGE ASSOCIATES ($300,000). 9. Resolution of City Council approving the Issuance of Industrial Development Revenue Bonds to PETERSON-QUICK II, A VIRGINIA GENERAL PARTNERSHIP ($525,000). 10. Resolution of City Council approving the Plari of Financing and Issuance of Industrial Development Revenue Bonds to HOLLAND CENTER ASSOCIATES ($700,000). 11. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond to HARBOR LIGHTS, INC. ($2,000,000). 12. Resolution approving the Issuance of Industrial Development Revenue Bonds for MARK F. GARCEA ($600,000). 13. Resolution of City Council approving the Issuance of Industrial Development Revenue Bond to HKH ASSOCIATES II ($650,000). Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: Harold Heiscbober, H. Jack Jennings, Jr. June 27, 1983 -14a- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: U. S. Habitats Location-. Holland Road & Windsor Oaks Boulevard Description of Project: Professional Office Facility Amount of Bond Issue: $2,700,000 Principals: C. Roy Kelley James V. Bickford A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 27th day of June 1983. On motion by Councilman McCoy and seconded by Councilwoman Creech the following Resolution was aTop-te@. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR U. S. HABITATS WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of U. S. Habitats (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2,700,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a professional office facility (the Facility) in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve tlie issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a record of the public hearing have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, 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 issuance of the Bonds, as required by Section 103(k), does not constitute an endorse- ment of the Bonds or the creditworthiness of the Company, but, pursuant to Cliapter 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 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 27 1983. ,T ',T city i,@ uz;q-.y -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I Project Name: Donald E. and Joan E. Harvey Location: 1428 Southern Boulevard Description of Project: Commercial Building Amount of Bond Issue: $920,000 Principals: Donald E. Harvey Joan E. Harvey A nieeting of the Council of the City of virqinia Beach, Virginia, was held in the council chambers, in the A@istration Building, on the 27th day of June, 1983. On motion by Councilman McCoy and seconded by Councilwoman Creec@ , the followi-ng Resolution was adopted. RESOUJTION r)F CITY COLNCIL APPFDMG THE ISSUANCE OF IND(JSTRTAL DEVETOP@ REVEt4m BoND TO DONALD E. HARVEY AND JOAN E. HARVEY WHEREAS, the City of Virginia Beach Development Autliority of Virginia Beach, Virginia (the Authority), has considered the application of Dc)nald E. Harvey and Joan E. Han7ey (tlie CoWany) for the issuanc)e of the Authority's industrial devel@nt revenue bond in an @mt (estimated at) $920,000-00 (the BOnd) tO assist in the financing of the C@y's acquisition, construction, and @pping of a building for ccnvercial use (the Facility) in Virginia Bear-h, Virginia, and has held a public hearing thereon on June 14, 1983. 1 , the Authority has requested the City Council (the Council) Of Virginia Beach, Virginia (the City), to approve the issuance of the BOnd tO conply with Section 103(k) of the Internal Revenue Code of 1954, as -ded; and @- , a copy of the Authority's resoluticn approving the issuance Of the Bond, subject to tenns to be acjreed upon and a reoc)rd of the public hearing has been filed with the Clerk of the Council; BE IT WSOLVED BY THE CITY COUNCIL OF THE CITY Ov VIWINTA BEACH, VIRGPM: 1. The Council of the City of Virginia Beach, Virginia, auproves the issuance of the Bond bY the Citv of Virginia Beach Develo-mmt Authority of Virginia Beach, Virginia, for the benefit of Dc)nald E. Harvey and Joan E. H-y' to the extent required by Section 103(k) of the Intemal Revenue Code, to pe-it the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not cx)nstitute an endorsement of the Bond or the creditworthiness of the ccnparry, but, pursuant to Chapter 643 of the vircjinia Acts of Asserrbly of 1964, as amnded, the Bond shall provide that neither the CitV nor the Authority shall be obligated to pay the Bond or the interest thereon or other cc)sts incident thereto except frctn the revenues and mneys pledged therefor, and neither the faith or credit nor the taxing power of the c@nwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect intrediately upon its adopticn. AdoPted by the Council of the City of Virginia Beach, Virginia, on 27 1983. C D A@R r@E T APPJZCV,'D Al TOf ORM @7 T@ CITY ATTORNEY 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: TPD Associates Location: Parcel R, Crusader Circle - OWIP Description of Project: Office/Warehouse Facility Amount of Bond Issue: $200,060 Principals: Kelly S. Telford Bradford R. Herrington, Jr. A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 27th day of /June 1983. On motion by Councilman McCoy and seconded by Councilwoman Cree h@ the o ow ng Resolution was a opte . RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TPD ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of TPD Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $200,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of an office and warehouse facility (the Facility) in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983; 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a record of the public hearing have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, 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 issuance of the Bonds, as required by Section 103(k), does not constitute an endorse- ment of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 27 June 1983. T -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVEIOPNENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: ECPI of Tidewater VA, Inc. Location; 5600 Southern Boulevard Description of Project: Training Center for Computer Electronics Amount of Bond Issue: $5,850,000 Principals: Alfred P. Dreyfus Mildred L. Dreyfus A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 27th day of June 1983. On motion by Councilman McCoy and seconded by Councilwoman Creech the following Resolution was adopted. - RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ECPI OF TIDEWATER VA., INC. WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of ECPI of Tidewater Va., Inc. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $5,850,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a training center for computer electronics programming, maintenance and repair (the Facility) in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983; 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a record of the public hearing have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BF-ACH, 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 for the benefit of ECPI of Tidewater Va., Inc., 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 issuance of the Bonds, as required by Section 103(k), does not constitute an endor- sement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 27 1983. -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVETOPMENT AUTHORITY INDUSTRIAt DEVETOPMENT REVENUE BOND Project Name: Bonney Road Associates Location: 4536 Bonney Road Description of Project: Office Building Facility Amount of Bond Issue: $1,850,000 Principals: George Dragas, Jr. Marcus Dragas A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 27th day of June 1983. On motion by Councilman McCoy and seconded by Councilwoman Creech the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BONNEY ROAD ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application of Bonney Road Associates (the Company) for the issuance of the Authority's industrial deve- lopment revenue bond in an amount not to exceed $1,850,000 (the Bond) to assist in the financing of the Company's construction and equipping of an office building facility (the Facility) for lease in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983. WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon, and a record of the public hearing have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beacii Development Authority of Virginia Beach, Virginia, for tlie benefit of Bonney Road 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 Bond, as required by Section 103(k), does not constitute an endorse- ment of the Bond 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 27 1983. AS TO C@'JTENT C I T -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Arrowhead Associates Location: 5801 Arrowhead Drive Description of Project: Office/Warehouse Facility Amount of Bond Issue: $325,000 Principals: Dennis R. Deans Douglas D. Ellis Edward L. Lieland, Jr. J. Vincent McPhillips Gary B. Ruffner A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 7,hday of 1983. On motion by Councilman McCoy and seconded by Counciiwoman Creecn the tollowing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ARROWHEAD ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Arrowhead Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $325,000 (the Bonds) to assist in the financing of the Company's acquisition and renovation of an office and warehouse facility (the Facility) for lease in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983; 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a record of the public hearing have been filed with the Clerk of the Council; BE IT RESOLVED BY THE 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 for the benefit of Arrowhead Associates, 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 issuance of the Bonds, as required by Section 103(k), does not constitute an endorse- ment of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or tlie Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 27 1983. CO',@TENT IT @',:)IFCRM -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I Project Name: Fairfield Shopping Center Location: Providence Road near Lord Durunore Drive Description of Project: Commercial Facility Amount of Bond Issue: $800,000 Principals: W. W. Reason Henry A. Shook A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, 'in the Administration Building, on the @ da,y of 0 1983. On motion by H. McCoy, Jr-and seconded by Nancy Creech the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMEMT REVENUE BOND FOR FAIRFIELD SHOPPING CENTER WHEREAS, the City of Virginia Beach Development Authority of Virginia Reach, Virginia (the "Authority"), has considered the appli- cation of Fairfield Shopping Center (the "Company") for the issuance of the Authority's industrial development revenue bond or bonds in an amount estimated at $800,000.00 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of a commercial facility (the "Project") in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983; WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virqinia (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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of Fairfield Shopping Center, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 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 Company, 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 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 1983. CO',.TENT l' 0 F/D R M/ 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I Project Name: Great Neck Village Associates Location: Great Neck Road near Mill,Dam Road Description Of Project: commercial Facility Amount of Bond Issue: $300,000 Principals: Henry A. Shook V. H. Nusbaum, Jr. Stanley L. Harrison Marc Jacobson Walter Maskall A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 27 day of June , 1981. On motion by H. McCoy, Jr. and seconded by Nancy Creech the following Resoluti n was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO GREAT NECK VILLAGE ASSOCIATES WHEREAS, the City of Virginia Reach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of Great Neck Village Associates (the "Company") for the issuance of the Authority's industrial development revenue bond or bonds in an amount estimated at $300,000.00 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of a commercial facility (the "Project") in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983. 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of Great Neck Village Associates, to the extent required by Section 101(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 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 Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of lq64, 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 moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledqed thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on i 1983. C;)NTEt4T 1.@ 1,0 FOP.M V 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I Project Name: Peterson-Quick II Location: Intersection of Green Meadow Drive and Independence Boulevard Description of Project: Offic6 Park Facility Amount of Bond Issue: $525,000 Principals: John H. Peterson, Jr. Stephen B. Quick, III A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the ?7th day of June, 1983. On motion by and seconded C,,,n,ilwoman Cr@@,h by the f. lowing Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE PLAN OF FINANCING OF PETERSON-QUICK II, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application and plan of financing of Peterson-Quick II, a Virginia general partnership (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $525,000 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of an office park to be comprised of one to three office buildings, containing in the aggregate approximately 8,400 square feet (the Facility) to be located on a .75 acre parcel of land at the intersection of Green Meadow Drive and Independence Boulevard in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the plan of financing to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the plan of financing, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: -2- 1. The Council of the City approves the plan of financing by the Authority for the benefit of the Company, 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 plan of financing, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bond 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 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City on June 27 1983. 7.0 CCNTENT SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I Project Name: Holland Center Associates (Formerly Irwin Hurwitz, D.D.S.) Location: 3400 Block of Holland Road Description of Project: Medicai/General Office Building Amount of Bond Issue: $700,000 Principals: Irwin Hurwitz A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 27th day of June, 1983. On motion by and seconded by , Cou7c Resolution was adopted. Councilwoman Creech the o=MgcCoy RESOLUTION OF CITY COUNCIL APPROVING THE PLAN OF FINANCING OF AND ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO HOLLAND CENTER ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application and plan of financing of liolland Center Associates (a proposed general or limited Virginia partnership) (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount estimated at Seven Hundred Thousand Dollars ($700,000.00) (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a medical/general office building facility (the Facility) in Virginia Beach, Virginia, and after proper notice in a newspaper of general cir- culation, has held a public hearing on June 14, 1983, at the Authority's office at 401 Lynnhaven Parkway, Virginia Beach, Virginia; 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 Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the plan of financing and issuance of the Bonds, subject to terms to be agreed upon, and a record of the public hearing has been filed with the Clerk of the Council; 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 plan of financing and issuance of Bonds by the City of Virginia Beach Development Authority for the benefit of Holland Center Associates, 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 -1- Bonds, as required by Section 103(k), does not cons.titute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of the 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 inci- dent 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 shELII be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 27, 1983. 5.14.16.C TO CONTENT !T -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I Project Name: Harbor Lights, Inc. Location: 3260 Shore Drive Description of Project: Motel Facility Amount of Bond Issue: $2,000,000 Principals: C. G. Erb George Korzensky A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 27th day of June 198 3. on motion by and seconded by Creech t e following reso- lution was aj RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO HARBOR LIGHTS, INC. WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority) has considered the application of Harbor Lights, Inc. (the Company) for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $2,000,000.00 (the Bond) to assist in the financing of the acquisition, construction, and equipping of a motel facility (the Facility) in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983 WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City) to approve the issuance of the Bond to comply with Section 103(k) of the Tnternal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; 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 Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of HARBOR LIGHTS, INC., 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 Bond, as required by Section 103(k), does not constitute an endorse- ment of the Bond or the creditworthiness of the Purchaser, 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 27 1983. eah:h cr.hl.c [gar] 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND I Project Name: Mark F. Garcea Location: 209 Parker Lane Description of Project: Manufac@uring & Assembly of Electrical Parts and Equipment Amount of Bond Issue: $600,000 Principals: Mark F. Garcea A meeting of the Council of the CitY of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 27th day of June 1983. On motion by Councilman McCoy and seconded by Counci woman reec the following Resolution was adopted: RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR @IARK F. GARCEA WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Mark F. Garcea (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $600,000.00 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of a plant for the manufacture and assembly of electrical parts (the Facility) in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983; and WHEREAS, the Authority has requested the City Council (the Council) of Virqinia 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY -.HE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Mark F. Garcea, 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 issuance of the Bonds, 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 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 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on J..e 27 1983. -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ProjeCt Name: HKH Associates II Location: Corner of Starfish Dtive and Shore Drive Description of Project: Shopping Center Amount of Bond Issue: $650,000 Principals: A. Russell Kirk Daniel A. Hoffler Robert Hofheimer, Jr. John Cote Irvin Mervis A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the day of 1983. On motion by Councilman McCoy and seconded by Coun@ci woman Creech the following Resolution was a opte . RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO HKH ASSOCIATES II WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application of HKH Associates II, a Virginia general partnership (the Company) for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $650,000 (the Bond) to assist in the financing of the Company's construction of a shopping center facility (the Facility) to be located at the corner of Starfish Drive and Shore Drive in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983. WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon, and a record of the public hearing have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the I)enefit of HKH Associates II, 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 Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Chapter 643, 1964 Acts of Assembly 975, 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on June 27 1983. -2- -15- Item II-G CONSENT AGENDA ITEM # 20190 William R. Wahab spoke in favor of Item #6 (Wycliffe Presbyterian Church ordinance) of the Consent Agenda. Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED the Consent Agenda in ONE MOTION, except Items 1, 3 and 7. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -16- Item II-G.1 CONSENT AGENDA ITEM # 20191 The following residents of Oceana, who were neither in favor nor opposition, expressed concern for being linked with Atlantic Park/Seatack: E. E. Cayce Irma E. Bell Norma Morrill Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ACCEPTED the Target Neighborhood Land Use Task Force Study. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. June 27, 1983 -17- Item II-G.2 CONSENT AGENDA ITEM # 20192 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council voted to ADOPT the Resolution expressing the intent of the City of Virginia Beach to conduct certain contract negotiations with the Army Corps of Engineers relating to the Lake Gaston Water Project. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -17a- REQUESTED BY: DEPARTMENT OF PUBLIC UTILITIES A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF VIRGINIA BEACH TO CONDUCT CERTAIN CONTRACT NEGOTIATIONS WITH THE ARMY CORPS OF EN(-INEERS RELATING To THE LAKE GASTNN WATER PROJFCT WHEREAS, the City of Virc ,jinia Beach has previously determined that Lake Gaston is the best alternative available to supply the future water needs of the City; and WHEREAS, the water flow into Lake Gaston is regulated by the Army Corps of Enqineers ("Corps") throuqh upstream releases from John H. Kerr Reservoir; and WHEREAS, the City of Virqinia Beach wishes to enter int, negotiations with the Corps to obtain a contractual aqreement reall,ocatinq water storaqe in Lake Kerr for water supply purposes for Virqinia Beach; and WHEREAS, the Corps has expressed a willingness to enter into such neootiations subject to a Resolution of Intent by the City Council. NOW, THEREFORE, RE IT RESOLVFD RY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City hereby expresses its willinqness and intent to enter contractual neqotiations with the Corps for reallocation of water supply in Lake Kerr pursuant to lawful authority granted to it by the provisions of SS15.1-875, Code of Virginia, 1950, as amended. Adopted by the City Council of the City of Virginia Beach, Virginia, on the- 27th day of June 1983. RHM/da (RES 2) 6/8/83 6/17/83 -18- Item IT-G.3 CONSENT AGENDA 1TEM # 20193 Gil Holt, Concordia Enterprises, represented Amhurst Apartments. Edward Gibbs, 560 Davis Street, represented Amhurst Homeowners Association. Upon motion by Councilman Heischober, seconded by Councilwoman Creech, CitY Council ADOPTED the Resolution of approval by the City of Virginia Beach of the Virginia Housing Development Authority's financing of a proposed multi- family residential housing project called Amhurst Apartments. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -18a- REQUESTED BY: OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT RESOLUTION OF APPROVAL BY THE CITY OF VIRGINIA BEACH OF THE VIRGINIA HOUSING DEVELOPMENT AUTHORITYIS FINANCING OF A PROPOSED MULTI-FAMILY RESIDENTIAL HOUSING PROJECT CALLED AMHURST APARTMENTS. WHEREAS, pursuant to Section 36-55.39(B) of the Code of Virginia, the Virginia Housing Development Authority is not empowered to finance any housing development undertaken by a housing sponsor pursuant to certain housing development programs within sixty days after written notification of the proposed financing to the governing body unless the governing body certifies its approval of the proposed housing development; and WHEREAS, the City of Virginia Beach was notified by letter dated May 9, 1983, that the Virginia Housing Development Authority is considering the financing of a multi-family residential housing development called Amhurst Apartments; and WHEREAS, the developer of Amhurst Apartments desires that the City of Virginia Beach approve the Virginia Housing Development Authority's financing of the proposed project in order that consideration may be given by VHDA to finance said project prior to July 8, 1983. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: In accordance with the Virginia Code Section 36-55.39(B), the City Council of the City of Virginia Beach, Virginia hereby approves the Virginia Housing Development Authority's financing the proposed multi-family residential housing development called Amhurst Apartments - Ayslebury Drive. Adopted by the Council of the City of Virginia Beach, Virginia, on this 27th day of June, 1983. APPROVED AS TO CONTEI@ i DSH/re SIGNATURE 6/3/83 (RES.3) DEPARTMENT All -18b- CERTIrICATION OF APPI40VAL In accordance @ith Virginia Code Section 36-55.39(B), the City Council of , Virginia, hereby certifies to the Virginia Housing Development AUthority its approval of the proposed multi-family residential housing development called as expressed in its resolution duly adopted on 19-, a certified copy of which is attached hereto. City Council of virginia By: Its Mayor ATTACHMENT "A" The proposed development willt consist of approximately 88 units of non subsidized family housing, to be financed under the Virginia Housing Dev6lopment Authority's Conventional'Multi-Family Loan program, to be situtated on approxitnately 4.824 acres, generally known as Amhurst Phase 111. at the southern terminus of the pro- posed Ayslebury Drive. south of its intersection with Davis Way, in the City of Virginia Beach. -19- Item II-G.4 CONSENT AGENDA ITEM # 20194 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council voted to ADOPT a Resolution authorizing the City Manager to employ for the Department of Economic Development two permanent employees and delete two temporary employee positions. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -19a- REQUESTED BY: DEPARTMENT OF ECONOMIC DEVELOPMENT A RESOI,UTION ATITHORIZING THE CTTY MANAGER TO EMPLOY FOR THE DEPARTMENT OF ECONOMTC DEVELOPMENT TWO PERMANENT EMPLOYEES AND DELETE TWO TEMPORARY EMPLOYEE POSITIONS WHEREAS, the 1983-84 budqet for the Department of Economic Development authorizes the employment of four (4) part-time, temporarv Cate(jory IV employees for staffing the Cape Henry Lighthouse and the Coast Guard Station Museum; and WHFREAS, the Department of Economic Development no longer provides staffina for the Lighthouse or Coast Guard Station; and WHEREAS, the Department of Economic Development has been asked to increase its staffinq of the Visitors Information Center and to keep the Center open seven (7) days a week; and WHEREAS, the T)Ppartment of Economic Development has requested that two (2) of the four (4) part-time, temporary Cateqory IV emplovees be empl.oyed as part-time, permanent Public Information Clerks to be assigned to the Visitors Information Center and that the other two (2) part-time, temporary Cateqory IV positions be eliminated; and WHEREAS, sufficient funds have been budgeted to pay the salaries of the two (2) new part-time, permanent employees. NOW, THEREFORF, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA: That the City Manaqer is hereby authorized to employ through th(- Department of Economic Development two (2) part-time, permanent Public Information Clerks and to delete from the Department of Economic Develooment two (2) part-time, temporary Cateqory IV positions. Adopted by the City Council of the City of Virqinia Beach, Virqinia, on the 27th day of June 1983. CMS/da (RES 2) 6/22/83 -20- Item 11-G.5 CONSENT AGENDA ITEM # 20195 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council voted to DEFER to July 11, 1983, an Ordinance to amend and reordain Chapter 2 of the Code of the City of Virginia Beach, Virginia, by amending Sections 2-71, 2-81, 2-83, 2-84, 2-86, 2-101, 2-104, 2-108, 2-111, 2-112, 2-114, 2-116 and adding Sections 2-83.1, 2-83.2, 2-117 and 2-118 pertaining to Personnel Policies. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -21- Item II-G.6 CONSENT AGENDA ITEM # 20196 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance authorizing the Trustees of Wycliffe Presbyterian Church to take and hold title to more than four acres of land within the City of Virginia Beach, Virginia, as provided by Section 57-12 of the Code of Virginia (1950), subject to certain limitations. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -2la- AN ORDINANCE AUTHORIZING THE TRUSTEES OF WYCI,IFPE PRESBYTERIAN CHURCH TO TAKE AND HOLD TITLE TO MORE THAN FOUR ACRES OF LAND WITHIN THE CITY OF VIRGINIA REACH, VIRGINIA, AS PROVIDED BY SECTION 57-12 OF THE CODE OF VIRGINIA (1950), SUSJECT To CERTAIN LIMITATIONS WHEREAS, the Trustees of Wycliffe Presbyterian Church presently hold title to approximately eiqht (8) acres of land abutting Great Neck Road, in the City of Virginia Beach, virqinia; anrl WHEREAS, the said Trustees desire to be in compliance with Virqinia Code Section 57-12 of the Code of Virqinia and hold title to said Church land, in the name of the Trustees; and WHEREAS, Section 57-12 of the Code of Virqinia (1950) requires the said Church Trustees to obtain authorization from this Council in order to hold title to more than four (4) acres of land at any one time within the City of Virginia Beach; and WHEREAS, the said Trustees have made proper application to hold title to the said eiqht (8) acres of land more or less. NOW THEREFORF, RE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA: Section 1 - That the Trustees Of Wycliffe Presbyterian Church are hereby authorized to hold title to those certain two (2) parcels of land toqether comprising approximately eiqht (8) acres more or less, and described as follows: PARCEL 1 ALL THAT certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonginq, known, and designated as Parcel 'B' 7.6166 acres on that certain "PLAT OF PROPERTY OF GREAT NECK HOUSING CORPORATION, LYNNHAVEN MAGISTERIAL DISTRICT, J:,RINCESS ANNE COUNTY, VIRGINIA, MARCH 14, 1956, SCALE: 1"=200"' which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at paqe 9. PARCEL 2 ALL THAT certain lot, piece or parcel of land, with improvements thereon and the appurtenances thereunto belonqinq, known, numbered anrl desiqnated as Lot 1, Block 13 on "SHEET ONE OF TWO, SU8DIVISION OF GREAT -2lb- NECK ESTATES, SECTION ONE, LYNNHAVEN MAGISTERIAL DISTRICTP PRINCESS ANNE COUNTY, VIRGINIA, SCALE: 1'=IOO'f DECEMBER, 1956," which plat was recorded in the Clerk's Office aforesaid in Map Book 43, at page 28. Section 2 - That the land hereinhefore described shall be held and utilized by the aforesaid Trustees only for the purposes set forth in Virqinia Code Section 57-7 et seq. of the Code of Vircjinia (1950). Adopted by the Council of the City of Virqinia Beach, Virqinia on the 27th day of June 1983. 6/21/83 (C) APPROVED AS TO CONTENT SIGN.TU@E DEPA@Tll,,T AP@OVED A C!; -2- -22- Item II-G.7 CONSENT AGENDA ITEM # 20197 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED, on SECOND READING, an Ordinance to accept a Grant from the Department of Corrections totaling $164,800 and to appropriate these funds for the Virginia Beach Community Diversion Program. Voting: 9-2 Members Voting Aye: John A. Baum, Nancy A. Creecb, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: Harold Heischober, H. Jack Jennings, Jr. Council Members Absent: None June 27, 1983 -22a- AN ORDINANCE TO ACCEPT A GRANT FROM THE DEPARTMEN-1 OF CORRECTIONS TOTALING $164,800 AND TO APPROPRIATE THESE FUNDS FOR THE VIRGINIA BEACH COTIMUNITY DIVERSICN PROGRAM. WHEREAS, the Virginia General Assembly has enacted the Community Corrections Incentive Program which makes funds available to jurisdictions within the Commonwealth for the purposes of diverting qualified non-violent offend,rs from the State peni- tentiaries for the purpose of rehabilitating these offenders and allowing them the opportunity to make restitution for their crimes; and WHEREAS, the city of Virginia Beach is currently operating such a program; and WHEREAS, the Virginia Department of Corrections has approved the necessary funding to continue the Virginia Beach Community Diversion Program to accomplish the objectives stated above: NC)W, THEREFCRE, BE IT CRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager is hereby authorized to accept the grant for the City and funds are hereby appropriated for the following purposes: Estimated Revenue Local Total from Other Agencies Match Approp. Community Diversion Program $164,800.00 $0.00 $164,800.01 BE IT FURTHER ORDAINED that two personnel positions are hereby authorized for the durations of the grant to be paid from the grant with the classes of the employees to be determined by the City Manager. FIRST READING: June 20, 1983 SECOND READING: June 27, 1983 Adopted by the Council of the City of Virginia Beach on the 27th day of June 1983. @1-:ITVIT Zs -23- Item II-C.8 CONSENT AGENDA ITEM # 20198 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED, on FIRST READING, an Ordinance to accept Grants totaling $34,682 from the Department of Criminal Justice Services, and to appropriate these funds and a local contribution to $29,860. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TTI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -23a- AN ORDINANCE To ACCEPT ING $34,682 FROM THE DEP OF JIJSTICE SERVICES, AND TO APPROPRIATE T'HESE FU4DS AND A CCNTRI- BLITICN OF $29,860 WHEREAS, the City Council is interested in improving tlie Juvenile JuStice SystEfn within the City of Virginia Beach, and , grants totaling $34,682 frcrn the Departrnent of Criminal Justice Services (DCJS) have been awarded to the City for this purpose, re- quiring a local contribution of $29,860. NOW, THEREFURE, BE IT ORDAMM BY THE COLNCIL OF THE CTRY OF IA BEAr-H, VIRGINIA: That funds totaling $34,682 fran the above grants be accepted and that these and a local contribuiton of $29,860 be appropriated for FY-84 as follows: Runaway Hotline Program $ 6,952 L<)cal Match 18,440 Sierra II Wilderness Stress Progrean 27,730 Local Match 11,420 Total Appropriation $64,542 That the appropriations be financed by $34,682 estimated revenue fran DCJS, with a local contribution of $29,860 fran the General Fund Balance, and That one personnel positicn be continued as currently authorizecl for the Runaway Hotline Program, to be paid frcrn the grant, with the mplayee class to be detennined by the City Manager. This ordinance shall be effective fran the date of adoption. Adopted by the Comcil of the City of Virginia Beach m the day Of , 1983. FIRST READING: June 27, 1983 MCOND READING: To CONIENT DEPAR,-N@T TO F -24- Item IT-G.9 CONSENT AGENDA TTEM # 20199 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of $49,100 to provide for additional classroom and office space for Tidewater Virginia Alcohol Safety Action Program (TVASAP). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -24a- AN ORDTNANCE TO APPRORRIATE FUNDS OF $49,100 TO PROVIDE FOR AF)DITIONAI, CLASSROOM AND OFFICE STIACE FOR TIDEWATER VIRGINIA AI,COHOL SAFE'Y ACTION PROGRAM (TVASAP) WHEREAS, TV,ASAP i,@ in need of additional classroom and offi.ce space 1)(,catts(@ of the increasing number of court r(,,ferr,,ils in both Virginia Beach and Norfolk and beeause of th@, redtiction in classroom time at the Norfolk Community Centers when TVASAP holds meetings, and WHEREAS, additional space can be provided by tbe expansion of t,he TVASAP location in Virginia Beach on Cleveland Street and the relocation of TVASAP in Norfolk to a site on Hampton Boulevard, and WHEREAS, the cost for the additional space which includes rent, classroom modifications, utilities, supplies, and other items totals $49,100, and WHEP.EAS, funds may be appropriated for these costs from the TVASAP Fund Balance. NOW TIIERI@IFORE BE IT ORDAINEI) BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $49,100 be appropriat(@d from the Fund Balance of TVASAP to provide TVASAT) witli additional classroom and office space at itF4 local,ion on Cleveland Street and a location on liampton Boulevard. BE IT FIJRTIIER ORDAINEI) that the City Manager is hereby authorized to exe,,cute the appropriate lease agreements for TVASAP ror this additional space. The ordinanc(@ sh@,ill be effective from the date of its adoption. Adopt(,d I)y th(, Cotincil of the City of Virginia Beach, Virgiiiia on day of 1983. FIRST READINC:: June 27, 1983 SECOND RLIADING: T -25- Item II-G.10 CONSENT AGENDA ITEM # 20200 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to transfer funds of $50,000 within the Depart- ment of Public Works for a Water Quality Study for Mt. Trashmore I. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -25a- AN ORDINANCE TO TRANSFER FUNDS OF $50,000 WITHIN THE DEPARTMENT OF PUBLIC WORKS FOR A WATER QUALITY STUDY FOR MT. TRASH@TORE I WHEREAS, a preliminary study on the water quality of the grotind and stirface wat(,,r at Mt. Trashmore I alleviat(l,d @om(@ h(@alth and environmental concerns but indicat,ed that, a mor(@ comprehensive study needed to be undertaken t,o more accurately determine the quality of wat,or al N't, Tra.@limore I and the surrounding areas, and WIIEREAS, an ind(,ptli sttidy of the water quality will includ(,, ol'f-sitf@ work and is estimated to cost $50,000, and WHEREAS, thc, D(Ipartm(,nt of PubLic Works desires to contract for this study and has the necessary funding by tran,,I@(,r within its operating budget from the City Garagc, cli@irg(@s t(@coiint. NOW, TIIEREFORE, 8E IT ORDAINEI) BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $50,000 be transf(,rr(,d rrom available sources within the operating budg(,t of lh(@ f)(,part,ment of Public Works for a water quality stii(ly f'or @,it. Trashmore 1. Adopt(,d b.@, C'oun(,ii of the City of Virginia Beach on the 27th dty of June 19 83 -26- Item II-G.11 CONSENT AGENDA ITEM # 20201 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to transfer appropriations between Capital Pro- jects to close out completed Capital Projects. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: None June 27, 1983 -26a- AN ORDINANCE TO TRANSFER APPROPRIATIONS BETWEEN CAPITAL PROJECTS TO CLOSE-OUT COMPLETED CAPITAL PROJECTS WHEREAS, various capital projects have been completed and it is neces- sary to close-out the financial records of these projects, and WHEREAS, some completed projects have excess and scyme insufficient appropriations, and WHEREAS, the close-out requires appropriations and expenditures be equal for each completed project, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that appropriations be transferred between capital projects as enumerated below to allow the close-out of completed capital projects. Project Class/Project Amount School Proiects: Transfer to: 1-934 College Park Elementary Gym + 17,324 1-935 Linkhorn Park Elementary Gym + 25,115 Transfer from: *1-904 New Cox Senior High - 42,439 Net Change -0- Highway Projects: Transfer to: 2-706 North Beach Storm Drainage - Phase I + 73,294 *2-816 Indian River Road - Phase II + 2,805 2-913 Nawney's Creek Bridge Replacement + 12,194 Transfer from: 2-104 Great Neck Road - Phase I - 21,500 2-602 Bulkheading - 6th to 4th Street - 19,386 2-812 Oceana N.A.S. Entrance - 35,919 2-970 Lynnhaven Inlet Dredging - 11,488 Net Change -0- Building Projects: Transfer to: *3-603 Constitutional Officers' Building Renovation + 7,525 Transfer from: 3-827 Fire Station #9 - Kempsville - 7,525 Net Change -0- -1- -26b- Project Class/Project Amount Parks and Recreation Proiects: Transfer to: 4-202 Bayville Farm + 3,221 4-306 Great Neck Park + 21,191 Transfer from: *4-802 Woodstock Park - 1,115 *4-915 Lynnhaven Park Racquetball Court Addition - 23,297 Net Change -0- Water Projects: Transfer to: *5-907 North Virginia Beach Mains + 441,171 5-930 Fresh Groundwater Test + 25,597 *5-936 General Booth Boulevard - Phase I + 105,000 5-943 Norfolk and Appomattox River Authority + 18,947 Transfer from: - Improvements to Sites - 18,947 5-808 Independence Boulevard - Thoroughgood - 350,319 5-905 Witchduck Road and Independence Boulevard - 221,449 Net Change -0- Sewer Projects: Transfer to: *6-604 North Virginia Beach + 560,286 6-801 Cape Henry Shores Sewers + 9,367 Transfer from: 6-403 Thoroughgood Area Sewers - 569,653 Net Change -0- Community Development Projects: Transfer to: *2-904 Doyletown Streets + 11,720 2-942 Beechwood Streets + 41,465 Transfer from: 5-955 Beechwood Water - 14,618 6-800 Seatack Streets - Phase IV - 38,567 Net Change -0- *Active Projects Adopted by the Council of the City of Virginia Beach on the - 27th day of 19@. APPROVED.E.3 TO CONIF@!T :T 'M -2- IZITY A@1OR14EY -2 7- Item II-G.12 CONSENT AGENDA ITEM # 20202 Upon moti.on by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance authorizing tax refunds upon application of certain persons and upon certification of the City Treasurer for payment. Tax refund amount: $1,303.60. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 M NO. C,A. 7 -27a- 6/8/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CEFTTAIN PEFISONS AND UPON CERTIFICATION OF THE TREASUFTER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonem- Ditto Penalty lnt. Toul Y ear of Tax Number tion No. Paid tlantic Permanent S & L 83 RE(1/2) 83024-8 12/5/82 168.00 tlantic Pemanent S & L 83 RE(1/2) 83026-2 12/5/82 537.29 & D Associates 83 RE(2/2) 80091-2 12/5/82 25.66 rc Jacobson, Attorney 83 RE(1/2) 83838-4 3/1/83 135.11 ewport News S & L 83 RE(1/2) 10330-0 12/5/82 34.72 OY & Gretchen Marshall 83 RE(1/2) 52013-6 10/27/82 22.18 Newnan 83 RE(1/2) 59956-0 12/5/82 33.31 uy Newman 83 RE(1/2) 59954-2 12/5/82 71.55 erence L Switzer 83 pp 138839-4 5/8/83 9.00 avid S Edinger 82 pp 37541-8 5/29/82 57.00 ack M Kennedy 82 pp 69771-3 9/27/82 19.30 ack M Kennedy 83 pp 78212-9 5/26/83 7.50 lexander L Van Wormer 83 pp 158289-7 5/8/83 84.78 reeman & Hudgins 83 pp 49689-4 5/12/83 40.50 bert D Holt 82 pp 60504-2 5/26/82 20.70 B Warner 83 Dog V14067 5/10/83 7.00 harles B Wynne 83 Pkng 64888 5/16/83 15.00 regory Clifton 83 Pkng 61600 4/28/83 15.00 Total 1,303.60 This ordinance shall be effeclive from date of adopt'ion. The above abatement(s) totaling M, - - were approved by the Council of the City of Virginia Beach on the@ day of .- u e 198.3 A ved as to form: Ruth Hodges Smith City Clerk -28- Item IT-G.13 ADD-ON CONSENT AGENDA ITEM # 20203 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED the request for a Raffle Permit by Virginia Beach Maritime Historical Museum. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -29- Item II-H.1 PLANNING ITEM ITEM # 20204 Attorney Dave Miller represented the applicants. Thomas E. Snyder spoke in opposition to the application. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to DEFER to July 5, 1983, an Ordinance closing, vacating and discontinuing a portion of that certain street 30 feet wide running north between Hatteras Road and Citation Drive located in Kempsville Borough in the petition of DAVID F. AND TINA L. ELLIS per the following: (Council approved this request on November 1, 1982.) ORDINANCE UPON APPLICATION OF DAVID F. AND TINA L. ELLIS FOR THE CLOSURE OF A PORTTON OF AN UNDEVELOPED 30-FOOT RIGHT-OF-WAY Ordinance upon application of David F. and Tina L. Ellis for the discontinuance, closure and abandonment of a portion of an undeveloped 30-foot right-of-way as shown on that plat entitled "Carolanne Farm - Section One" and recorded in the Office of the Clerk of Circuit Court in Map Book 47, Page 621-A, running north from Hatteras Road to Citation Drive. Said parcel contains 7200 square feet more or less. M PSVILLE BOROUGH. Approval will be subject to the following: 1. Resubdivision of the property and the vacation of the existing lot lines to avoid the creation of nonconforming lots and to ensure that all lots have access to a public street. 2. Compliance with the above-stated conditions within 180 days, and final approval by City Council should not take place until all conditions are met. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,* W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum June 27, 1983 *Councilman Robert G. Jones gave a verbal "aye". -30- Item II-H.2 PLANNING ITEM ITEM # 20205 Attorney Grover Wright represented the applicant. Gerald A. Cox, architect for the project, was in favor of tbe application. In opposition to the application were the following: Lacy Robeson Bruce Murphy Edward T. Caton Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City Council voted to DEFER to July 5, 1983, the Ordinance closing, vacating and discontinuing a portion of Thirty-Fourth Street in the petition of GAY VACATIONER ASSOCIATES (Virginia Beach Borough) per the following: ORDINANCE UPON APPLICATION OF GAY VACATIONER ASSOCIATES FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A PORTTON OF 34th STREET Ordinance of Gay Vacationer Associates for the dis- continuance, closure and abandornnent of a portion of 34th Street beginning at the eastern boundary of Atlantic Avenue and running in an easterly direction a distance of 150 feet. Said parcel is 60 feet in width and contains 9000 square feet. VIRGINIA BEACH BOROUGH. Approval is subject to the following: 1. Conveyance to the City of adjoining property to the north of equal size and area as the portion of street to be closed in order to provide equivalent access to the beach and boardwalk. 2. Provision of right-of-way improvements, as required by City staff, on the parcel to be conveyed to the City. 3. Redirection of drainage and outfall systems along the existing 34th Street. 4. This closure shall not take place until dedication and improve- ment of the relocated right-of-way to the north is completed. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None June 27, 1983 -31- Item II-H.3 PLANNING ITEM ITEM # 20206 Attorney Dave Miller represented the applicant. Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council voted to APPROVE the application of FRANCIS E. PRITCHARD, JR. for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF FRANCIS E. PRITCHARD, JR. FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY RESIDENCE R0683549 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Francis E. Pritchard, Jr. for a Conditional Use Permit for a single-family residence in the AG-1 Agricultural District on cer- tain property located 600 feet east of Blackwater Road beginning at a point 2696 feet south of West Gibbs Road, running a distance of 873.73 feet along the nortbern property line, running a distance of 442.42 feet along the eastern property line, running a distance of 828.15 feet along the southern property line and running a distance of 300 feet along the western property line. Said parcel contains 6.5 acres. BLACKWATER BOROUGH. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -32- Item 11-H.4 PLANNING ITEM ITEM # 20207 Julian Keith represented Tread Quarters. Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the application of KIMMEL AUTOMOTIVE, INC., t/a TREAD QUARTERS, for a Conditional Use Permit for mounting and balancing tires per the following: ORDINANCE UPON APPLICATION OF KIMMEL AUTOMOTIVE, INC. T/A TREAD QUARTERS, FOR A CONDITTONAL USE PERMIT FOR MOUNTING AND BALANCING TIRES R0683550 BE TT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Ordinance upon application of Kimmel Automotive, Inc., t/a Tread Quarters, for a Conditional Use Permit for mounting and balancing tires on certain property located at the southeast corner of Holland Road and Diana Lee Drive, running a distance of 361.79 feet along the south side of Diana Lee Drive, running a distance of 386.90 feet along the eastern property line, running a distance of 374 feet along the southern property line, running a distance of 305.07 feet along the east side of Holland Road and running around a curve a distance of 43.36 feet. Said parcel contains 3.197 acres. PRINCESS ANNE BOROUGH. The following may be required: 1. City water and sewer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. Voting: 11-0 Council Members Voting Aye: John A. Batun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None June 27, 1983 -33- Item II-H.5 PLANNING ITEM ITED4 # 20208 Geraldine Woodfall represented herself. Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council voted to APPROVE, subject to conditions stated, the application of GERALDINE WOODFALL for a Conditional Use Permit for a home occupation (day care). ORDINANCE UPON APPLICATION OF GERALDINE WOODFALL FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARE) R0683551 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Geraldine Woodfall for a Conditional Use Permit for a home occupation (day care) on certain property located on the north side of 19th Street beginning at a point 200 feet east of Mediterranean Avenue, running a distance of 50 feet along the north side of 19th Street, running a dis- tance of 140 feet along the eastern property line, running a distance of 50 feet along the northern property line and running a distance of 140 feet along the western property line. Said parcel is located at 511 19th Street and contains 7,000 square feet. VIRGINIA BEACH BOROUGH. The following may be required: 1. City water and sewer. The following will be required: 1. This use restricted to a maximum of 16 children. 2. Approval is for a period of two years. 3. Construction of a new facility (a large room added to the rear of the existing home). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. Voting: 10-1 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech June 27, 1983 -34- Item II-H.6 PLANNING ITEM ITEM # 20209 Sam Scott, Jr. represented the applicant. upon motion by Councilman Jennings, seconded by Councilman Jones, City Council voted to APPROVE, subject to conditions stated, the application of MnTl ZONED PROPERTIES, INC., A LIMITED PARTNERSHIP, for a change of Zoning from B-2 to A-2 per the following: ORDINANCE UPON APPLICATION OF MULTI ZONED PROPERTIES, A LIMITED PARTNERSHIP, FOR A CHANGE OF ZONING DIS- TRICT CLASSIFICATION FROM B-2 TO A-2 Z0683730 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA: Ordinance upon application of Multi Zoned Properties, a Limited Partnership, for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the east side of South Lynnhaven Road beginning at a point 40 feet more or less south of Silina Drive, running a distance of 260 feet along the east side of South Lynnhaven Road, running a distance of 600 feet along the southern property line, running a distance of 600 feet along the eastern property line and running a distance of 500 feet along the northern property line. Said parcel contains 5 acres. LYNNHAVEN BOROUGH. The following may be required: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. The following will be required: 1. Disclosure to respective lessees and/or purchasers regarding Crash and Noise Zones. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. B. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None June 27, 1983 -35- Item II-H.7 PLANNING ITEM ITEM # 20210 Attorney Dave Miller represented the applicant. Those in opposition to the application were: Kay Flohre, representing Laurel Cove Civic League Lori Lee, representing the children of North Lakeside Drive Evelyn Blackman, representing the adults of North Lakeside Drive Max C. Gunn, Jr., representing Great Neck Association of Civic Leagues Upon motion by Councilman Jennings, seconded by Councilman Jones, City Council voted to uphold the recommendation of the Planning Commission and DENIED the application of BISSETT REALTY, INC. for a Change of Zoning from R-4 to 0-1. Ordinance upon application of Bissett Realty, Inc. for a Change of Zoning District Classification from R-4 Residential District to 0-1 Office District on the northwest corner of North Great Neck Road and North Lakeside Drive on Lot 1, Section 1, Eastwood Manor. Property located at 1345 North Great Neck Road and contains 13,504 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -36- Item II-H.8 PLANNING ITE4 ITEM # 20211 Attorney Grover Wright represented the applicant. Cynthia Rhodes voiced opposition to apartments being constructed on this parcel. Valarie Williams voiced opposition to the application. Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to APPROVE the application of NEWTOWN PLAZA ASSOCIATES, A LIMTIED PARTNER- SHIP, for a Change of Zoning from B-2 to A-2. A SUBSTITUTE MOTION was made by Councilman Jones to approve this application, subject to 76 units per acre. Substitute motion was LOST for lack of a second. ORDINANCE UPON APPLICATION OF NEWTOWN PLAZA ASSOCIATES, A LIMITED PARTNERSHIP, FOR A CHANGE OF ZONING FROM B-2 TO A-2 Z0683731 BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Ordinance upon application of Newtown Plaza Associates, a Limited Partnership, for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the south side of Baker Road beginning at a point 680 feet east of Newtown Road, running a distance of 1148.86 feet along the northern property line, running a distance of 540 feet more or less along the eastern property line, running a distance of 1238.36 feet along the southern property line, running a distance of 293 feet in a northeasterly direction, running a distance of 63 feet in a southeasterly direction and running a distance of 513 feet in a northeasterly direction. Said parcel contains 16 acres more or less. BAYSIDE BOROUGH. When the development plans for this project are reviewed by the staff, the following may be required. 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Construction of two 12-foot lanes at Baker Road in accordance with plans on file with the Department of Public Works/ Engineering Division. 4. On-site retention of stormwater or upgrading of downstream drainage facilities (should the PAVAB pit be used as outfall, upgrading of this facility's outfall may also be required). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. June 27, 1983 -3 7- Item II-H.8 PLANNING ITEM ITEM # 20211 (continued) Voting: 6-5 (MAIN MOTION) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, Robert G. Jones, W. H. Kitchin, iii, Reba S. McClanan, and Meyera Oberndorf Council Members Absent: None June 27, 1983 -38- Item II-H.9 PLANNING ITEM ITEM # 20212 Evelyn Munden, principal in Nimmo Corner Corporation, requested deferral of the application to August 22, 1983. Walt Vargo, President of Council of Civic organizations, requested the applica- tion be heard July 5, 1983. Rae H. LeSesne of the Council of Civic organizations spoke in opposition to the application. John Moss of the Pembroke Manor Civic League telephoned his opposition to the City Clerk prior to the meeting. A motion made by Councilwoman Creech, seconded by Councilman Jennings, to DEFER the application of NIMMO CORNER CORPORATION for a Change of Zoning from R-3 to R-5. ORDINANCE UPON APPLICATION OF NI@10 CORNER CORPORATION FOR A CHANCE OF ZONING FROM R-3 TO R-5 Ordinance upon application of Niinmo Corner Corporation for a Change of Zoning District Classification from R-3 Residential District to R-5 Residential District on certain property located on the south side of Princess Anne Road beginning at a point 1200 feet more or less west of Oceana Boulevard, running a distance of 2200 feet more or less along the south side of Princess Anne Road, running a distance of 3322.50 feet in a southeasterly direction, running a distance of 2219.30 feet in a northeasterly direction, running a distance of 758 feet in a northwesterly direction and running a distance of 1171.50 feet in a northerly direction. Said parcel contains 103 acres. PRINCESS ANNE BOROUGH. The following may be required: 1. Standard improvements as required by the Subdivision Ordinances. 2. City water and sewer. The following will be required: 1. A variable width dedication along the frontage on Princess Anne Road, 45 feet from the construction centerline (M.B. 165, page 32) to provide for an ultimate 90-foot right-of- way as per the Master Street and Highway Plan. Note: A portion of the right-of-way needed along the frontage on Princess Anne Road is being acquired with the General Booth Boulevard Project Phase I (see M.B. 165, page 32). 2. The applicant voluntarily agreed to record a deed restriction limiting development of this site to a maximum of 268 units. June 27, 1983 -39- Item II-H.9 PLANNING ITFM ITEM # 20212 (continued) Voting. 3-8 (LOST TO NEGATIVE VOTE) Council Members Voting Aye: Nancy A. Creech, H. Jack Jennings, Jr., Robert G. Jones Council Members Voting Nay: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None BY PREVIOUS ACTION OF CITY COUNCIL, AT THE REGULAR MEETING JUNE 6, 1983, THIS MATTER WAS DEFERRED TO THE NEXT SCHEDULED MEETING OF THE VIRGINIA BEACH CITY COUNCIL AT 2:00 P.M. TUESDAY, JULY 5, 1983. June 27, 1983 -40- Item II-1.1 ORDINANCE ITEM # 20213 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to ADOPT the Ordinance to authorize a temporary encroach- ment into a portion of the right-of-way of Denn Lane to BEACHTOWNE REALTY CORPORATION. ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACINENT INTO A PORTION OF THE RIGHT-OF-WAY OF DENN LANE TO BEACHTOWNE REALTY CORPORATION This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -40a- AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF DENN LANE TO BEACHTOWNE REALTY CORPORATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Beachtowne Realty Corporation is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Denn Lane. That the tem.porary encroachment herein authorized is for the purpose of erectinq an office identification sign and that said encroachment shall be constructed in accordance with the City of virqinia Beach Public Works Department's specifications as to size, aliqnment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Denn Lane, as shown on that certain plat entitled: 'WITCHDUCK OFFICE COURT SIGN DETAIL," a copy of which is on file in the virainia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Reach to any officer of Beachtowne Realty Corporation and within thirty (30) days after such notice is given, said encroachment shall be removed from the City riqht-of-wav of Denn Lane by Beachtowne Realty Corporation and that Beachtowne Realty Corporation, its assigns and successors shall bear all costs and expenses of such removal. And PROVIDFD FIJRTHER, that it is expressly understood and agreed that Beachtowne Realty Corporation, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its aqents and employees from and against all claims, damaqes, losses, and expenses includinq reasonable -40b- attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance Shall not be in effect until such time that Beachtowne Realty Corporation executes an agreement with the City nf Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted bv the Council of the City of Virginia Beach, Virginia, on the 27th day of June 19 83. 6/2 3/8 3 (29C) -2- -41- Item TI-I.2 ORDINANCE TTEM # 20214 Attorney Grover Wright suggested the Ordinance be effective upon site plan filing date; thereafter, 60-90 day approval. Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council voted to ADOPT, as AMENDED, the Ordinance to amend and reordain Chapter 37 amending Sections 37-7, 37-8, 37-16, 37-23, 37-46, and 37-47, AND adding Section 37-3.1 and 37-57 to the Code of the City of Virginia Beach, Virginia, pertaining to various Water Fees and Charges. The AMENDMENT to the stated Ordinance shall read as follows: "This Ordinance shall be effective July 1, 1983, except for subdivisions and site plans currently filed with the City and under review. Such subdivisions and site plans shall pay fees based on rates existing prior to June 27, 1983. The above exception shall expire on September 1, 1983." AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 37 AMENDING SECTIONS 37-7, 37-8, 37-16, 37-23, 37-46, AND 37-47, AND ADDING SECTTON 37-3.1 AND 37-57 TO THE CODE OF THE CITY OF VIRGINTA BEACH, VIRGINIA, PERTATNTNG TO VARIOUS WATER FEES AND CHARGES, AS AMENDED This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heiscbober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. and Reba S. McClanan June 27, 1983 -4la- AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 37 AMENDING SECTIONS 37-7, 37-8, 37-16, 37-23, 37-46, AND 37-47, AND AR-)DING SECTION 37-3.1 AND 37-57 TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO VARIOUS WATER FEES AND CHARCFS, AS AMENDED. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIP.: That Sections 37-7, 37-8, 37-16, 37-23, 37-46, and 37-47 of the Code of the Citv of Virginia Beach, Virqinia, are hereby amended and reordained to read as follows and Sections 37-3.1 and 37-57 are added to read as follows: Section 37-3.1. Wheelinq contracts for military installations. The director O@ P"blic utilities is hereby authorized to contract with the tlnited States Government to wheel water from Norfolk to military installat subjec manaqer and citv council. Section 37-7. Tap and meter installation fees; impact fee. +a+ The followinq fees shall be paid for connections to a citY water line and for the installation of water meters: 9+us -e e 7 1metert nt C-(5@t--ef 'a, Tap and meter fe@S: (1) 5/8 inch and 3/4 inch tap: Tap and meter $285.00 Meter nlv (2) 1 inch tap: Tap and meter $370.00 Meter only $240.OIT (3) 1 1/2 inch or larger tap and/or meter: Cost of labor, materials, and equipment, plus twenty-five percent (25%). (4) +b+ When the installation requires a combination of a different size tap and meter than listed above, the charges will be based on cost of labor, materials and ectuipment, plus twenty-five (25) per cent. (b) Water resource impact fees: (1) Meters of 1 inch or less $65.00 (2) Meters over I inch $130.00 (c) For taps in excess of one (1) inch, an amount shall be placed in escrow shel+-be based on an estitnate of costs by the director of public utilities. Section 37-8. Water system impact fees (line fees), aenerally. (a) The fees prp-s(,,ribed by the followinq subsections of this section shall he r)aid as the T)roperty owner's share of the cost of water system installation, such fees to be known as 'line fees." Such fees shall also be applicable to a use or structure presently connected to the water system whenever such use or structure is expanded, chanced or modified. In such cases, the fees shall be determined on the basis of the total proposed new use or structure, less a credit, at current rates, for the existing use or structure or the last structure, if previously demolished; provided, the property has not been vacant for more than ten (10) years. No credit shall be allowed after ten (10) years. -2- (b) The property owner's share of system installation, where connection is made to a line or pumping station being a part of the system within the city installed or purchased by the city, shall be as follows: (1) Sirql(--family residences: a. For the first 100 feet, or portion thereof, of frontaqe: $500@Gg $650.00. b. For each foot of frontaqe in excess of 100 feet: $STOG $6.50. In cases where the front footaqe is 1.5 or more times qreater than the rear yard footaqe, the front footaqe, for the purposes of this subsection, shall be determined by addinq the front and rear yard lenqths and (lividinq that sum by two (2). Whenever a water line is located on two (2) sides of a parcel, the shorter side shall be the one upon which the determination of front footaqe shall be calculated. Whenever a water line is located on only one side of a parcel, that side shall be used for the purpose of front footaqe. In cases where there are frontages on residences zoned for aqricultural use which are larqer than the minimum frontaoe reqliir,-ments for residential property, the director of the der)artment of public utilities may authorize line fees to be computed based on the minimum front footaqe for residential property for each dwelling unit on the property. In cases where ther@ are frontages on residences zoned for residential use, but actually used for agricultural, horticultural, forest or open space and currently classified and taxed for such use by the real estate assessor, the director of public titilities may authorize line fees to be computed based on the minimum front footage for residential property for each dwellinq unit on the propertyt, provided that, in either of the aforementioned -3- cases, the owners of such property shall siqn an agrpem,-nt, to be recorded against the property, that at the time the property is further developed or subdivided or changes title or experiences a chanqe in tax classification, full fees will become due and payable. The rates applicable will be those prevailing at the time the change to the propertv takes place and will be based on the land use type which will be in effect after the change. For purposes of line fees only, single-family residences with detached-apartment units shall be charqed in accordance with the fees set forth in subsection (3) below. (2) Motels and hotels, per unit: 04+GTGO $400.00. (3) Structures with two (2) or more family residential units, per unit: $a6GTGG $470.00. (4) Nursinq and convalescent homes, per room [calCLIlated at two (2) beds = one (1) room): $425rR9 $160.00. (5) Trailers, per space; r;,46@TGG $210.00 (6) Professional and office buildinqs, per 600 scruare feet of buildinq area: 6425-.GG $160.00. (7) Retail stores, restaurants and shopping centers, per square foot of floor space: $OTG9 $0.12. (8) Industrial, manufacturinq, wholesale, assembly, processing and distribution facilities, domestic use, per square foot of floor space: OeTO9 $0.12. (9) Separate warehouse facilities used for storage only, where no industrial activity, manufacturing or processing takes place, per square foot of floor space: $GTGR $0.03. (10) In all cases where the use or structure is not described hereinabove, line fees for the building, -4- structure, addition, modification or expansion thereto shall be computed as follows: a. The estimated dail,v flow of the proposed use shall first be determined by the department of public utilities, based on similar actual flows of comparable uses, takinq into account the hours of operation, type of use, location and other criteria determinative of estimated flows; then b. This estimated daily flow will be divided by 400, yielding a demand units fiqure; then C. This demand units figure will be multiplied by the minimum fee applicable to a single-family residence. If an estimated flow cannot be accurately determined, the director of public utilities is authorized to accept a deposit, in advance of actual flows, with the fee to be determined after one year of actual consumption, as per a. through c. above. (c) The property owner's share of system installation costs, where the property owner must construct an extension to the public water system, which is to become a part thereof, to @ovide service to a specific parcel or parcels, as shown on the approved construction plans, shall be as follows: -of-a sy,4L-em-wi.t)t i-m -L hf- -e4 L-w - in-il-a i led -or -Igtirehage4 -eve ral I-or-in-19&rt -pre]5er L-V-te -perl, (1) Sinqle-family residences, each: 0+90700 $250.00. -5- (2) Motels and hotels, per unit: O+aGoo $155.00. (3) Strtictures with two (2) or more family units, per unit: $+35799 $175.00. (4) Nursing and convalescent homes, per room [calculated at two (2) beds = one (1) room]: $957GO $125.00. (5) Trailers, per space: $95-.GG $125.00. (6) Professional and office buildinqs, per 600 square feet of buildinq area: $%STGO $125.00. (7) Retail stores, restaurants and shoppinq centers, per square foot of floor space: $e-.93 $0.04. (8) Industrial, manufacturing, wholesale, assembly, processinq and distribution facilities, domestic use, per square foot of floor space: OOTG3 $0.04. (9) Separate warehouse facilities used for storage only where no industrial activity, manufacturing or processing takes place, per square foot of floor space: $0.01. (10) in all cases where the use or structure is not described hereinabove, line fees for the buildinq, structure, a(idition, modification or expansion thereto shall be computed as follows: a. The esti.mated daily flow of the proposed use or structure shall be first determined by the department of public utilities, based on similar actual flows for comparable uses or structures, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then b. This estimated daily flow will be divided by yieldinq a demand units fiqure; then C. This demand units figure will be multiplied by the minimum fee applicable to a sinqle-family residence. -6- If an estimated flow cannot be accurately determined, the director of public utilities is authorized to accept a deposit, in advance of actual flows, with the fee to be determined after one year of actual consumption, as per a. through c. above. (d) A special water line fee for seasonally operated campsite parks connected to any city water main is hereby established. Such fee shall be ninety-five dollars ($95.00) per camp space. For this fee to be applicable, the owner must enter into a contract with the city providing that, at such future time as the camp park is converted to year-round use, the fees specified in subsections (b)(5) and (c)(5) of this section shall be applicable and that the owner shall pay the difference in such fees at the time of conversion to year-round use-. (e) In no event shall any line fee for any purpose eniimerated in this sp-ction be less than the amount calculable if the use in question were a sinqle-fatpily residence. Where more than one use or more than one structure is to occur on a sinqle parcel of land, the miniinum amount shall apply separately to each individual use or structure. (f) No building permit shall be valid and no water or sewer tap shall be installed for any property until the fees provided for in this section have been paid, except as otherwise provided in this article. (g) In the case of existinq contract agreements between owners and the city reqardinq fees and waiver of fees, such agreements shall remain in effect. Section 37-16. Account initiation and re-establishrnent charges. (a) There shall be a fifteen dollar ($15.00) fee charged each new customer to cover administrative costs connected with establishing a water account with the City. -7- (b) All owners or their authorized agents, after knowledqe that their Dremises have been vacated, shall promptly notify, in writinq, the department of public utilities to shut off the consumer supplv r)f water thereto. Upon receipt of such notification, the department of public utilities shal.1 effectually shut off the water to such Premises and at the same time record the readinq of the meter. when the service is so shut off, their shall be a fifteen dollars ($15.00) charge for restoring such service. +b+ (c) Any consumer may keep his water service intact during the vacancy of any premises by paying the minimum meter maintenance charqes and minimum water usage charqes set forth in article II of this chapter. fe+ (d) Where it is necessary to remove a meter, or where the removal of a Meter is requested by the owner of the premises or his authorized agent, the charge for reinstallation of the meter shall be twentv-five dollars ($25.00) for all meters up to two (2) inches and, for all meters two (2) inches or greater, the charge shall include the cost of labor, materials and equipment, plus twenty-five (25) percent fd+ (e) Whenever water service is abandoned, the charges for reconnection of service shall be as provided for in section 37-7. Section 37-23. Use of water for private fire protection systems. (a) No city water shall be used for private fire protection systems, unless the customer installs, at his cost, a detector check valve and by-pass meter of a type and at a location approved by the department of public utilities. (b) The customer shall pay the cost of all labor, materials an(i equipment for any facility installed by the departtnent of public utilities in order to accommodate a private fire protection system, plus twenty-five (25) percent (c) No person shall tise water from a private fire protection system, other than for extinguishing a fire, without the written consent of the director of public utilities. If water from a private fire protection system is used in a manner not authorized herein, all water usaqe shall be cut off, unless such unauthorized use is terminated immec3iately upon notice from the department of public utilities and payment is made for all water so used. (Cl) No charue shall. he made for water used to extinguish fires, but a three dollars and forty-five cents ($3.45) monthly service fee is herebv imposed for reading and maintaininq meters and inspecting the systems. Section 37-46. Minimurn service availability charges prescribed. Each consumer shall pay a monthly minimum service availability charge as follows for each meter connecting his premises with the city water system: Size Monthly charge 5/8 inch 5--3790 $ 3.45 3/4 inch 4-.9(# 4.6 1 inch f;-. 09 7.8-5 1 1/2 inch +4799 l@ 2 inch +-7-.GG 3 inch 34vG9 34. 5 4 inch 54799 6 inch +O+-.GG i 8 inch +647GG 81.2 10 inch 45+-.GG 12 inch 36+-.G9 Fire hydrant meter -34-709 34.95 Section 37-47. Water usaqe rates prescribed. In addition to the charges provided for in Section 37-46, each consumer shall pav for water usage the rate of one-dell.aLs anel-fort-y-four-eemt8-f$+744@ one dollar and sixty-two cents ($1.62) per thousand (1,000) gallons f.$4..rGB+ [one dollar and twenty-one ($1.21)] per hundred (100) cubic feet]. The above water usage rate shall become effective with all water consumed on and after .5dne-47-+98+ July 1, 1983. -9- Section 37-57. Developer fire hydrant f,.e. Developers installina fire hydrants, as reguired incident to subdivision development, shall pay the sum of two hunclred dollars ($200.00) per hydrant for all hydrants installed Prior to July 1, 1984. On and after July 1, 1--. .. . drant rental fee shall be two hundred fifty dc)llars ($250.00). This ordinance shall be effective July 1, 1983, except for subdivisions and site plans currently filed with the City and under review. Such subdivisions and site plans shall pay fees based on rates existinq prior to June 27, 1983. The above exception shall expire on September 1, 1983. RHM/da 6/17/83 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of June, Nineteen Hundred, -10- -42- Item 11-1.3 ORDINANCE ITEM # 20215 Attorney Grover Wright suggested the Ordinance be effective upon site plan filing date; thereafter, 60-90 day approval. Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council voted to ADOPT, as AMENDED, the Ordinance to amend and reordain Chapter 28 by amending Sections 28-3, 28-4, 28-9, and 28-26, AND adding Section 28-31 of the Code of the City of Virginia Beach, Virginia, pertaining to various Sewer Fees and Charges. The AMENDMENT to the stated Ordinance shall read as follows: "This Ordinance shall be effective July 1, 1983, except for subdivisions and site plans currently filed with the City and under review. Such subdivisions and site plans shall pay fees based on rates existing prior to June 27, 1983. The above exception shall expire on September 1, 1983." AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 28 BY AMENDING SECTIONS 28-3, 28-4, 28-9, AND 28-26, AND ADDING SECTION 28-31 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINTNG TO VARIOUS SEWER FEES AND CHARGES , AS AMENDED This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. Voting: 9-2 Council Members Voting Aye: John A. BaLim, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. and Reba S. McClanan June 27, 1983 -42a- AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 28 SY AMENDING SECTIONS 28-3, 28-4, 28-9, AND 28-26, AND ADDING SECTION 28-31 OF THE CODE OF THE CITY OF VIRGINIA REACH, VIRGINIA, PERTAINING TO VARIOUS SEWER FEES AND CHARGES, AS AMENDED. BE IT ORDAINET) BY THF COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 28-3, 28-4t.28-9, and 28-26 of the Code of the City of Virqinia Reach, Virginia, are hereby amendei and reordained to read as follows and Section 28-31 is added to read as follows: Section 28-3. Sewer connection fees (tap fees). The followina fees shall be paid for connections to the public sewer system (tap fees): (a) Four-inch taL,- 9++QTG97 $145.00 +e* (b) Over four-inch tap' Cost of labor, material and eauipment, PLUS twenty-five (25) percent. Section 28-4. SewPr system impact fees (line fees), cjenerally. (a) The fees prescribed by the following subsections of this section shall be paid for the installation of sewers, such fees to be known as 'line fees.- Such fees shall also be applicable to a use or structure previously connected to the sewer whenever such use or structure is expanded, chanced or modified. In such cases, the fees shall be determined on the basis of the total proposed new use or structure, less a credit, at current rates, for the existing use or structure or the last structure, if previouslv denolishedi, provided, the property has not been vacant for more than ten (10) years. No credit shall be allowed after ten (10) years. (b) The property owner's share of system installation, where connection is made to the Public sewer system shall be as follows: Sinqle-family residen es C a. For the first 100 feett or Portion thereof, of frontaqe: r,:;&Orgor $1,015.00 b. For each foot of frontaqe in excess of 100 feet: $+eroot $15.oo In cases where the front footage is 1.5 or more times greater than the rear yard footaqe, the front footage, for the purposes of this subsection, shall be determined by adding the front and rear ya rd lenqths and dividing that sum by two (2). Whenever a sewer line is located on two (2) sides of a parcel, the Shorter Side shall be the one upon which the determination of front footaqe shall be calculated. Whenever a sewer line is located on only one side of a parcel, that ,3i(ie shall be used for the purpose of front footaqe. In cases where there are frontaqes on residences zoned for aqricultural use which are I.araer than the minimum frontaqe requirements for residential property, the director of the department of public utilities may authorize line fees to be computed based on the minimum front footage for residential property for each dwelling unit on the property. In cases where there are frontaqes on residences zoned for residential use, but actually used for agricultural, horticultural, forest, or ooen space and currently classified and taxed for such use by the real estate assessor, the director of public utilities may authorize line fees to be computed based on the minimum front footaae for residential Droperty for each dwelling unit on the property-,, provided that, in either of the aforementioned cases, the owners of such property shall sign an agreement, to be recorded against the property, that at the time -2- the property is further developed or subdivided Or changes title or experiences a chanae in tax classification, full fees will becone due and payable. The rates applicable will be those prevailing at the time the change to the property takes place and will be based on the land use type which will be in effect after the change. For the purposes of line fees only, single-fatnily r,,sidences with detached-apartment units shall be charqed in accord ance with the fees set forth in Subsection (3) below. (2) Motels and hotelsp per unit: $48STOOT $630.00. (3) Structures with two (2) or more family residential units, per unit: 656@roeT $730.00. (4) Nursinq and convalescent homes, per room [calculated at two (2) beds = one (1) room): 0+79rGOT $220.00. (5) Trailers, per space: $R4@00., $315.00 (6) Professional and office buildinqs, per 600 square feet of buildinq area: $*;e,oev $220.00 (7) Retail stores, restaurants and shopping centers, Per square Eoot of floor space: $OT44T $0.14. (8) Industrial, manufacturinq, wholesale, assembly, processing anci distribution facilities, domestic use, per square foot of floor space: $O-r++T $0.14. (9) Separate warehouse facilities used for storaqe only, where no industrial activity, manufacturing or processing takes place, per square foot of floor space: $9702r $0.03. (10) In all cases where the use or structure is not described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: -3- a. The estimated daily flow of the proposed use or structure shall be first determined by the department of public utilities, based on similar actual flows of comparable uses or structures, takinq into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then b. This estimated daily flow will be divided by 400, yielding a demand units figure; then c. This demand units fiqure will be multiplied by the minimum fee applicable to a single-family residence. If an estimated flow cannot be accurately determined, the director of public utilities is authorized to accept a deposit in advance of actual flows, with the fee to be determined after one year of actual consumption, as per a. throuqh t. ahove. where qravity sewer service is not available to the property owner, the fees prescribed in this subsection (b) shall be calculated at one-half (1/2) those enumerated above. (c) The pror)erty owner's share of system installation costs, where the property owner must construct a sewer or sewers, which are to become a part of the public sewer system, to provide service to a specific parcel or parcels, as shall be shown on the approved construction plans, shall be as follows: (1) Single-family resi(iences, each: $+SOTOOT $195.00. (2) Motels and hotels, per unit: $9svoev $125.00. (3) Structures with two (2) or more family units per unit: 94+9799v $145.00. (4) Nursinq and convalescent homes, per room [calculatf-d at two (2) beds = one (1) room]: 0457997 $100.00. -4- (5) Trailers, per space: $4GOvOOT $130.00. (6) Professional and office buildinqs, per no 6 square feet of huildinq area: 045TOOT $100.00. (7) Retail stores, restaurants and shopping centers, per square foot of floor saace: $oro3T $0.04. (8) Industrial, manufacturing, wholesale, assembly, processing and distribution facilities, domestic use, per square foot of floor space: rf'O.YO3. $0.04. (9) Separate warehouse facilities used for storaqe only where no industrial activity, manufacturing or processing takes place, per square foot of floor space: $0.01. (10) In all cases where the use or structure is not described hereinabover line fees for the buildinq, structure, addition, modification or expansion thereto shall be computed as follows: a. The estimated daily flow of the proposed use or structure shall be first determineki by the department of oublic utilities, based on similar actual flows for comparable uses or structures, takinq into account the hours of operation, type of use, location and other criteria determinative of estimated flowl then b. This estimated daily flow will be divided by 400, yieldinq a demand units fiqure; then c. This (iemand units fiqure will be multiplied by the mininum fee applicable for a sinqle-family residence. If an estimated flow cannot be accurately determined, the director of public utilities is authorized to accept a deposit in advance of actual flows, with the fee to be determined after -5- one year of actual consumption, as Per a. through c. above. (d) Whenever system installation costs are calculated pursuant to subsection (c) of this section, and the property to be served discharges through a PumP station owned by the city, then, in addition to thp. fees prescribed in subsection (c) above, there shall also he charged a fee in the sum of one-httrtdred two hundred thirty dollars- ($230.00) per qallon per minute/peak flow. "Peak flow" shall be construed to mean the orevailinq peak flow standards set forth by the state health department or the actual peak flow, whichever is greater. (e) A special sewer line fee for seasonally operated campsite parks connected to any main or interceptor is hereby established. Such fee shall be one hundred thirty dollars ($130.00) per camp space. For this fee to be applicable, the owner must enter into a contract with the city providing that, at such future time as the camp park is converted to year-round use, the fees specified in subsections (b)(5) and (c)(4) of this section shall be applicable and that the owner shall pay the difference in such fees at time of conversion to year-round use. (f) In no event shall any line fee for any purpose enumerate(i in this section be less than the amount calculable if the use in ctuestion were a sinqle-family residence. Where more than one use or more than one structure is to occur on a sinqle parcel of land, the minimum amount shall apply separately to each individual use or structure. (9) No building permit shall be valid and no water or sewer tap shall be installed for anv property until the fees provided for in this section have been paid, except as otherwise provided in this article. (h) In the case of existing contract ac-reements between owners and the city reqarding fees and waiver of fees, such aqreements shall remain in effect. -6- Section 28-9. c;ewer cleanouts. All buildings anrl dwellings connected to the public sewer system shall have a cleanout installed in the lateral ii,e at or near the property line served. If such cleanouts are installed by the city, the charqe Shall be as follows for each cleanout installed: (1) Four (4) inch cleanout: One hundred forty-five dollars ($145.00). ive-dallare J3* (2) Over four (4) inches: inehes- Cost of labort material and equipment, plus twenty-five (25) percent. as-en-edminist-rat+ve eharger Section 28-26. Sewer maintenance charqes established. The followinq monthly maintenance charqes are hereby established with respect to all property connected directly or indirectly to the public sewer system maintained by the city: (a) Residential Uses: (1) Sinqle-family residences: 04TOO $9.46. (2) Structures with two (2) or more family residential units, and trailer parks: a. First unit or trailer: 04TOO $9.46. b. Each additional unit or trailer: OSTRS $7.10. (3) Hotels and motels: a. For the first room provided for occupancy: 04r99 $9.46. b. Each additional room for occupancy: tvatoo $3.80. (4) Campqrounds: a. For the first space provided: 04TOO $9.46. b. For each additional soace provided: $3.80. (5) If a structure or property with two (2) or more family residential units has separate water meters servi,g each or any in(liviclual units, the sewer maintenance charqe for the individually metered unit(s) shall be no less than seven-dollare +$4rgG+ nine dollars and forty-six cents ($9..@@ per water meter. (b) Nonresidential uses: (1) For all nonresidential uses in which there is also supplied public water service, the sewer maintenance charqe shall be determined by the size of the water tap throtigh which water is provided, as per the followinci schedule: Tap Size Monthly Charge 3/4 inch . . . . . . . . . . . . $;-rgO $9.50 1inch . . . . . . . . . . . . . $;OT45 $T -M 11/2 inch . . . . . . . . . . $+:FTSG - 2inch . . . . . . . . . . . . $26-CSO $36.00 3inch . . . . . . . . . . . . $52.r2S - 4inch . . . . . . . . . . . . $8-7-r59 $118.00 6inch . . . . . . . . . . . . $4-:;S-rgO *237.00 3inch . . . . . . . . . . . . $406TOG 55 . 10 inch . . . . . . . . . . . . $6:;RTOO . 12 inch . . . . . . . . . . . $47022TOD $1,38 . (2) For all nonresidential uses in which public water service is not available, the monthly charge shall be as follows: (a) 0-4 commodes: $+4TOOT$19.00. (b) Each additional commode over four: $iroo $3.80 per commode. The charqes prescribed in this section shall be calculated for each service period by multiplyinq the number of days in the service period by the applicable daily charge for the rates on a twelve (12) month basis. Section 28-31. ACcount initiation and reestablishment charge. (a) When a customer not connected to city water opens an account for city sewer service only, such customer shall be charged a fee of fifteen dollars ($15.00) to cover costs connected with the establishment of the account. -8- (b) when sewer service onlv X premises is discontinued for any reason, there shall be a fifteen dollar (815.00) charce for restoring such service. This ordinance shall he effective July 1, 1983, except for subdivisions and site plans currently filed with the City and under review. Such subdivisions and site plans shall pay fees based on rates existinq prior to June 27, 1983. The above exception shall. expire on September 1, 1983. RHM/da 6/17/83 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of June, Nineteen Hundred, Eighty-Three. -9- -43- Item II-K.1 UNFINISHED BTJSINESS ITEE # 20216 Upon motion by Councilman Jones, seconded by Councilwoman Oberndorf, City Council APPROVED recommending to the Virginia Municipal League, as part of their legislative package in 1984 at the General Assembly, the following three proposals: 1. Amendment to Public Procurement Act 2. Contraband Forfeiture Act 3. Distribution of ABC Profits and Tax on Wine Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -44- Item II-L.1 NEW BUSINESS ITEM # 20217 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council voted to APPROVE expediting the application of FIRST COLONIAL BAPTIST CHURCH for a Conditional Use Permit for a Christian Life Center (church and related facilities). Said application will be heard at the Planning Commission July 12, 1983 and will be heard by City Council August 1, 1983. Voting. 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -45- Item II-L.2 NEW BUSINESS ITE4 # 20218 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council voted to RECONSIDER, with the condition that the opposition be advised, the application of RENA A. BLACK for a Conditional Use Permit. Reconsidera- tion will be given July 5, 1983. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, B. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, Ill, 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 June 27, 1983 -46- Item II-J.2 APPOINTMENT ITEM # 20219 Upon nomination by Councilman Jennings, City Council voted to REAPPOINT WILLIAM FRANK McGRAW, JR. to the EASTERN VIRGINIA HEALTH SYSTEMS AGENCY, INC. for a three-year term (July 1, 1983 to June 30, 1986). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -47- Item II-J.3 APPOINTMENT ITEM # 20220 Upon nomination by Vice Mayor Henley, City Council voted to REAPPOINT LEE ROY DIXON, SR. to the SOCIAL SERVICES BOARD for a four-year term (July 1, 1983 to June 30, 1987). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -48- Item II-J.4 APPOINTMENT ITEM # 20221 Upon nomination by Councilwoman Oberndorf, City Council voted to REAPPOINT ROBERT W. CLYBURN to the SOUTHEASTERN VIRGINIA PLANNING DTSTRICT COMKISSION for a three-year term (July 1, 1983 to June 30, 1986). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heiscbober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -49- VIRGINIA MUNICIPAL LEAGUE SEMINAR ITEM # 20222 City Attorney Dale Bimson will attend the Virginia Municipal League Seminar to be held June 29, 1983. June 27, 1983 -50- INFORMAL SESSION - JULY 5, 1983 ITEM # 20223 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE convening at 11:00 a.m. July 5, 1983 for the INFORMAL SESSION of City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -51- DAVID A. BARTO COX CABLE ITEM # 20224 By consensus of City Council, Mayor Louis R. Jones will write a letter to Cox Cable regarding the concerns of David A. Barto (expressed in his letter dated June 17, 1983, which is hereby made a part of the record). City Attorney Dale Bimson will assist Mayor Jones with said letter of concern. COMMITTEE - JOBS BILL FLJNDS ITEM # 20225 It was discussed whether appointments of the Coordinating Committee would be made by the Mayor, City Council, or the City Manager. The City Manager was instructed to make his recommendations to City Council July 5, 1983. CONFLICT OF INTEREST ACT ITEM # 20226 Paul A. Sciortino, Commonwealth's Attorney, will address Council regarding the Conflict of Interest Act July 18, 1983 at 1:00 o'clock in the afternoon. June 27, 1983 -52- RECESS INTO EXECUTIVE SESSION ITEM # 20227 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council voted to RECESS into EXECUTIVE SESSION (10:33 p.m.) pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Voting: 11-0 Council Members Voting Aye: John A. Batun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -53- MAYOR LOUIS R. JONES RECONVENED THE FORMAL SESSION OF CITY COUNCIL AT 11:40 p.m. Item II-J.1 APPOINTMENT ITEM # 20228 Upon nomination by Councilman Heischober, the following were REAPPOINTED to the ARTS AND HUMANITIES COMMISSION for a two-year term (July 1, 1983 through June 30, 1985): MRS. LOUISE McMANUS JAMES W. ROEBUCK A N D APPOINTED: HENRY CLARKE (appointed to serve the unexpired term of Mrs. Helen Paul -- to June 30, 1984) LASZLO ARANYI (two-year term -- July 1, 1983 to June 30, 1985) KELSEY E. BROWN (two-year term -- July 1, 1983 to June 30, 1985) ANDREW S. FINE (two-year term -- July 1, 1983 to June 30, 1985) Voting: 11-0 (VERBAL VOTE at 11:40 p.m.) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. If. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 - 54- AUTOMATED OFFICE SYSTEMS DIVISION OF DATA PROCESSING ITEM # 20229 Upon motion by Councilman Baum, seconded by Councilman Jennings, Council voted to extend the services of Automated Office Systems, Division of Data Processing, for a period of six (6) months at which time a consultant audit will be made and reported to Council. Voting: 11-0 (VERBAL VOTE at 11:45 p.m.) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None June 27, 1983 -55- Item II-M ADJOURNMENT ITEM # 20230 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to ADJOURN at 11:50 p.m. Voting: 11-0 (VERBAL VOTE) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchiii, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None @7?.L Xuth Hodges Smitb, CMC Rayor Louis o@nes City Clerk City of Virginia Beach, Virginia June 27, 1983 /jk