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Home My WebLink AboutAPRIL 23, 1991 MINUTES ,,WORLD'S LARGEST RESORT CITY" CITY COUNCIL ll.ul J, llll,l K I.-@, 11-L.,,, .INIIII.l IU..l I -11@, JR, Ii,, CITY COUNCIL AGENDA "@l;l@ll @.l@ 111@Ill. 11@l@ l@15 APRIL 23, 1991 ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber - 10:00 AM A. FY 1991-1992 OPERATING BUDGET ITEM 11. CITY MANAGER'S BRIEFING - Council Chamber - 3:30 PM A. CONDITIONAL ZONING PROFFER CALCULATIONS Robert J. Scott, Director of Planning ITEM Ill. INFORMAL SESSION - Council Chamber - 5:30 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding B. INVOCATION: Captain Edward L. Richardson Chaplain, Ret. C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - April 9, 1991 G. CITY COUNCIL PRESENTATION 1. VIRGINIA FORESTRY POSTER AWARDEES 1139th ANNUAL KEEP VIRGINIA GREEN POSTER CONTEST" Virginia Beach Vocational Technical Center Jean Judith Doyle Teacher, Advertising Design First Place : Jason Olsson Second Place: Omar Qulambao H. CITY MANAGER'S PRESENTATION 1. FORESTRY ANNUAL REPORT William L. Pierce Regional Forester Department of Forestry, Commonwealth of Virginia 1. PUBLIC HEARING 1. FRANCHISE: COX CABLE OF HAMPTON ROADS J. ORDINANCES 1. Ordinances to AMEND and REORDAIN the Code of the City of Virginla Beach, Virginia: a. Sectlon 6-116 re surfing generally. b. Section 6-5 re pets on beach. c. Section 6-3 re playing ball, using frisbee, at cetera, on beach. d. Section 6-114 re restrictions on launching, landing, parking or stationing recreational vessels In certain areas. e. Section 6-30 re fishing from sand beaches of Virginia Beach Borough. f. Section 6-10 re use of roller skates, skateboards, et cetera, on boardwalk or grassy area, bicycle path, oceanfront parks and plazas, public restrooms and sidewalks adjacent thereto. Deferred: April 2, 1991 2. Ordinance to AMEND and REORDAIN Chapter 38 of the Code of the City of Virginia Beach, Virginia, by ADDING Sectlon 8 re transporting a loaded rifle or shotgun. K. RESOLUTIONS 1. Resolution requesting the State Corporation Commission to Impose conditions of approval on Virginia Power's application for authority to construct a electrical transmission line and substation on Jarvis Road west of Princess Anne Road. 2. Resolution authorizing the City Manager to proceed with instal lation of temporary pavement markings along Atlantic Avenue from Fifth Street to Forty-second Street to provide one lane In each direction with a reversible center left turning lane and an exclusive trolley/emergency vehicle lane. 3. Resolution authorizing the City Manager to proceed with plans and documents necessary to implement the cross section for Atlantic Avenue within the Streetscape Project from Twenty-fifth Street to Forty-second Street. 4. Resolution approving the locatlon and major design features of Rudee Inlet Bridge (CIP 2-903); and, authorizing the City Manager to execute all necessary railroad and utility agreements required In conjunction with acquiring such rights-of-way- 5. Resolution authorizing the City Manager to execute an agreement with Southeastern Virginia Job Training Administration re 1991 Job Training Partnership Act Work Experience Program. 6. Resolution referring to the Planning Commission proposed Amendment to Section 5A.2 ot the Site Plan Ordinance re parking lots landscape requirements. 7. Resolution directing the Plannlng Commission to study and recommend to City Council re increase In otf-street parking requirements for marinas. L. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordlnary course of business by City Council and will be enacted by one motion In the form listed. If an Item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the Mayor to execute and deliver a duplicate $100,000 Virginia Beach Sewer and Revenue Note, bearing 6% annual rate of interest, to Edward S. Garcia, 3333 Virginia Beach Boulevard, Virginia Beach, Virginia. Note Number R-50 having been misplaced. 2. Resolution directing the Director of Finance to authorize Crestar Bank to make payment of $1,250 interest due on lost coupons (all Number 26) from Bond Numbers 3103-3109 (inclusive), 3137, 3138 and 3143 to the Bank of Northumberland, Heathsville, Virginia, in Its representative or fiduclary capacity for the owner, Earl W. Stephens, re General Obligation Public Improvement Bonds, Series 1977. 3. Resolution directing the Director of Finance to authorize Citibank to Issue and deliver a new or duplicate $5,000 General Obligation Public Improvement Bond, Series 1987, bearing 6.60% annual rate of Interest, to Richard B. McCaulley, 7426 Allen Drive, Falls Church, Virginia. Bond Number R-10045 having been lost In the mall. 4. Ordlnance, upon SECOND READING, to APPROPRIATE $1,200 to the Library Department's special gift fund re purchase of a Diagnostic Software Package. 5. Ordinances authorizing tax refunds in the amount of $18,681.80. PUBLIC HEARING 1. PLANNING a. Application ot STEVEN P. FENTRESS for a Variance to Section 4.4(b) of the Subdivision ordinance which requires that al I lots created by subdivision meet al I requirements of the City Zoning Ordinance, at 5021 Broad Street (BAYSIDE BOROUGH). Recommendation: APPROVAL b. BREEZ-IN ASSOCIATES re the Southeast intersection of Lynnhaven Parkway and Indian River Road, containing 3.124 acres (KEMPSVILLE BOROUGH): RECONSIDERATION OF CONDITIONS (May 29, 1990, Approved application of LASSITER AND ASSOCIATES for a Conditional Zoning Classification from to B- Business District); AND, Conditional Use Permit for automobile service / convenlence store / gasoline Ttat-ion. Recommendation: APPROVAL c. Application of OCEAN@ CHURCH OF CHRIST for a Conditional Use Permit for a church parking lot exdansion on Lots C, D, E, JI K, L, M and a portion of a 20 foot lane, Oceana Gardens (1460 Virginia Beach Boulevard), containing 1.5176 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Application of TIDEWATER TOWING, INC. for a Conditional Use Permit for bulk storaqe of automobiles at the Northeast corner of Dorset Avenue and Southern Boulevard (120 Dorset Avenue), containing 2.409 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of WALTER F. SULLIVAN, Bishop of the Roman Catholic Diocese, for a Chanqe of Zoninq District Classification from AG-2 Agrlcultur6l D-istrict to 0-2 Office Distr-lct on the West side of General Booth Boul vard, 432 fet more or less North of London Bridge Road, containing 6.290 acres (PRINCESS ANNE BOROUGH). No Recommendation Due to Tie Vote f. RECONSIDERATION OF CONDITIONS In the May 15, 1989, Approved application of LYLE T. and 14ARY E. SMITH for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots being created in the R-6 Residential District have a lot width of 75 feet (2033 Salem Road) (KEMPSVILLE BOROUGH). Staff Recommendation: Advertise for Reconsideration g. Applications of CITY OF VIRGINIA BEACH for Conditional Zoninn Classifications (KEMPSVILLE BOROUGH): From R-10 Residential District to B-3 Central Buslness District 250 ee@ more or less Southwest of Independence Boulevard beginning at a point 950 feet more or less Southeast of Baxter Road, containing 3.79 acres; From 1-2 Heavy Industrial District to B-3 Central Business Distri f In ependence Boulevard beginning at a point 600 feet more or less Southeast of Baxter Road, containing 8.16 acres; AND, From B-2 Communitv Business District to B-3 Central Buslness District on the following parce s: Parcel 1: At the Southeast intersection of Independence Boulevard and Baxter Road. Parcel 2: On the Southwest side of Independence Boulevard beginning at a point 860 feet more or less Southeast of Baxter Road. Total: 13.43 acres Deferred: April 9, 1991. Recommendation: APPROVE ALL APPLICATIONS h. Ordinances to AMEND and REORDAIN the Subdivision Ordinance of the City of Virginia Beach, Virginia: (a) Section 4.1(m)(i) re street right-of-way widths. (b) Section 5.5 re required Improvements for street and other drainage. Recommendation: APPROVAL N. APPOINTMENT EROSION COMMISSION 0. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT SCHEDULE FY 1991-1992 OPERATING BUDGET APRIL 24, 1991 7:00 PM PUBLIC HEARING Green Run High School Auditorium APRIL 30, 1991 CITY COUNCIL'S FINAL WORKSHOP City Council Chamber MAY 7, 1991 2:00 PM PUBLIC HEARING and FIRST READING APPROPRIATION ORDINANCE City Council Chamber MAY 14, 1991 2:00 PM SECOND READING APPROPRIATION ORDINANCE City Council Chamber 4/16/91 lbs 7 Item Ill-F-1- MINUTES ITEM 34371 Upon mot I on by Cou nc I I woman McC I anan seconded by Councilman Heischober, City Council APPROVED the Minutes of the INFORMAL AND FOR14AL SESSIONS of April 23, 1991, with the following clarifications: ITEM # 34359, Pages 43 and 44 ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-10 TO B-3 Z04911306 AND, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR CONDITIONAL ZONING CLASSIFICATION FROM 1-2 TO B-3 Z04911307 ITEM #34359 of the Minutes of April 23, 1991, shall be DEFERRED until the City Council Session of May 14, 1991. Councilwoman McClanan understood the proffers contained In the letters distributed by the Larkspur Civic League were to be incorporated Into the conditions for approval. Councilman Baum referenced ITEM #34360, Page 46 Ordinance to Amend and Reordain Section 4.1(m) (1) of the Subdivision Ordinance Pertaining to Street Right-of-Way Widths. Councilman Saum further referenced discusslon relative drainage swaies with Robert Scott concerning perforated curbs instead of gravel. This was not included in the Ordinance but Counclimah Baum wished the City Staff to review this and present City Council with an amendment containing the appropriate language. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndort - 10 - item ill-F-1- MINUTES ITEM # 34412 Upon motion by Councilw(xnan Parker, seconded by Councilman Sessoms, C*Ity Council APPROVED ITEM # 34359, Pages 43 and 44 of the Minutes of the FOR14AL SESSION of April 23, 1991, with the addition of the following statement: City Council also recognizes the concerns stated by Larkspur Civic League, Brookside Condominium Association and the Kemspville Greens Civic League at the April 23, 1991, City Council Session and will consider these concerns with the sale of the property. (Said concerns are hereby made a part of the record.) ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-10 TO B-3 Z04911306 AND, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACII FOR CONDITIONAL ZONING CLASSIFICATION FROM 1-2 TO B-3 Z04911307 Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Glyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf CONCERNS CIVIC LEAGUES Applications of CITY OF VIRGINIA BEACH for conditional zoning classifications of 13-43 acres of land from R-10, 1-2 and B-2 to B-3 (Kempsville Borough) Representatives of the Larkspur Civic League, Brookside Condominium Association and the Kempsville Greens Civil League have met with various city officials concerning the aforementioned property to be rezoned. Although much has been done to reduce the impact of the development of this property upon the surrounding communities, several concerns remain as follows: Proffer 3 This proffer seems to say that a street or alley over 25 feet in width or a body of water of 50 feet in width is justification not to follow the installation of the variable buffer designed in the concept Plan, even though Proffer 5 says the landscape buffer shall be in substantial agreement with the concept plan. Proffer 3 only mentions Residential Districts but not Apartment Districts. The concept plan does not show buffering on a portion of Parcel C that is across from the Brookside Condominium and next to a body of water that may be over 50 feet in width. Because the minimum rear yard set back is 0, there could be no yard in @hich to put a visual screening barrier of vegetation. Since this is a high quality development, we believe there should be Category IV Buffering there. 2 Requested Solution: Modify the f irst sentence of Proffer 3 to read: A variable landscape buffer of twenty-five (25) feet to thirty-five (35) feet, as designated on the concept plan, with category IV landscape screening shall be provided adjacent to any Residential District or The second sentence of Proffer 3 should remain the same. proffer 4 A very great concern is that eventually, after development of the property, the pressure of traffic congestion on Baxter Road will cause a determination that additional ingress/egress routes are needed. Obvious candidates are Hoylake Drive and a road across the golf course to Q pen I@ Greens Ro-o.4, We had hoped that a one (1) foot running no ingress/no egress easement only allowing access to Brookside condominiums and for Keener Lane would be used as the vehicle to prevent future cuts through to Hoylake Drive or to @peo , Greens Roct4. While Proffer 4 as a condition or restriction does "run with the land" the proffer addresses only no ingress/egress fr_om the property. There appears to be no prohibition to, for example, extend Hoylake Drive from outside the property into the nearly cul de sac ilnsi-de the property shown on the concept plan. 3 Requested solution: In addition to Proffer 4, the CitY Council direct the city when the property is platted tO establish a one (1) foot running no ingress/egress easement in the landscape buffer along the property line allowing access only for Brookside Condominiums and sufficient ingress/egress to benefit legal access to Keener Lane by residential property owners. Parcel E While we recognize that it is desirable for the City to obtain financial benefit from the sale of this property, it is recognized that Parcel E may be the least desirable property to develop. Furthermore, it is understood that an Upland/Wetland Study of the property has not been completed. Finally, the development of Parcel E puts commercial development between a Residential District and an Apartment District which adversely impacts on property owners in these Districts. Recommended Solution: Should the completed Wetland Study dictate or Parcel E proves for some other reason to be unsellable, that it remain undeveloped. Keener Lane Easement We understand the City recognizes the problems involved with this easement across the property of some Larkspur residents. The easement issue is viewed as a legal problem to be amicably solved between the City and those property owners. 4 Traf f ic This property represents the end of a very large track of land designated by the Comprehensive Plan to be commercially developed (between this property and Corporate Woods through the existing trailer park on Bonney Road). The traffic loading on Baxter Road is already intense and key intersections are forecast to remain at a low standard of service. The City needs to thoroughly address the future traffic problems in this area between Independence Boulevard and Kempsville and Witchduck Roads. Recommended Solution: That City Council direct the City to re-analyze the impact on traffic along the traffic corridors between Independence Boulevard, Princess Anne Road, and Witchduck Road (south of the toll road) due to the commercial development expected to occur in this area based on the City's Comprehensive Plan. And that solutions and associated costs to mitigate this impact on traffic be provided to Council. m I N U T E S VIRGINIA BEACH CITY COUNCIL Vlrgitila Beacli, Virglnla April 23, 1991 Vice Mayor Robert E. Fentress called to order the CITY COUNCIL WORKSHOP MANAGER'S BRIEFING relative the FY 1991-1992 OPERATING BUDGET of the VIRGINIA BF-ACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, April 23, 1991, at 10:00 A.M. Council Members Present: John A. Baum, Robert W. Ciyburn, Vice M ayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf (RECLTPERATING FROM MAJOR SURGERY) James W. Brazier, Jr. (HAD TO LEAVE/RETURNED: 12:20 P.M.) William D. Sessoms, Jr. (ENTERED: 1:15 P.M.) - 2 - C IT Y C 0 UN C I L W OR K S HOP FY 1991 - 1992 OPERATING BUDGET ITEM # 34322 10:00 A.M. The FY 1991-1992 OPERATING BUDGET WORKSHOP entailed discussion by the following Agencies and Departments: The Honorable Frederick P. Aucamp Judge - Juvenile and Domestic Relations District Court (Department of Social Services Court Service Unit) W. Andrew Burke - Economic Development David M. Grochmal General Services Dr. Marlene Hagar General Registrar Robert R. Loher - Board of Zoning Appeals Patricia A. Phillips - Arts & Humanities Commission Robert J. Scott - Mass Transit Operations Wetlands Board of Virginia Beach Ruth Hodges Smith, OIC/AAE - Department Volunteer Council Gwen K. Cowart - Joint Cable Center E. Dean Block - Community Organization Incentive Grants Fagan D. Stackhouse - Employee Special Benefits E. Dean Block for Jerald D. Banagan - Revenue Reimbursements E. Dean Block - Community Organization Incentive Grants Chief Harry E. Diezel - Fire Department C. W. Smith, Jr. Information Technology Robert R. Loher Permits and Inspections Dennis Wool - Mental Health/Mental Retardation/Substance Abuse Bruce W. Edwards - Emergency Medical Services C. Mac Rawls - Virginia Marine Science Museum Walter C. Kraemer, Jr. - Budget and Evaluation Henry Ruiz - Resort Programs Patricia A. Phillips - Research and Strategic Analysis H. Clayton Bernick, III - Envirorunental Management Charles G. Hassen -Development Services Center Robert R. Matthias - Intergovernmental Relations James B. Ricketts - Convention and Visitor Development Maryann I. Ustick - Housing and Neighborhood Preservation Clarence 0. Warnstaff - Public Utilities The City Council RECESSED at 2:55 P.M., after which to RFCONVENE for the CITY MANAGER'S BRIEFING relative CONDITIONAL ZONING PROFFER CALCULATIONS. - 3 - C IT Y MANA GE R ' S B R I E F IN G CONDITIONAL ZONING PROFFER CALCULATIONS ITEM # 34323 3:30 P.M. E. Dean Block, Assistant City Manager for Analysis and Evaluation, referenced INFRASTRUCrURE COSTS, FISCAL IMPACTS AND PROFFER CHARGES. The process for proffer procedures addresses three major issues: Is this process appropriate to and protective of the Comprehensive Plan? Is the procedure rational? Is the procedure reasonable? Robert J. Scott, Director of Planning, advised the three basic principals relative handling growth in the City: Backlog - Improving but still difficult situation relative roads in the northern part of the City and CIP should be targeted towards those problems first before other problems arise. No Long Wait - Problems must be solved sooner and not create ones that cannot be remedied in a reasonable period of time and not let problems already created drag on without remedy. Transition Zone - Two transition zones were created by City Council on March 5, 1991, to accommodate growth South of the Green Line, but subject to a number of important rules. All on-site roadways needed for adequate traffic flow should be the responsibility of the developer and the developer should pay the project's pro-rata share of all other needed capital improvements including, but not limited to, off-site roadways, drainage, schools, libraries, fire stations et cetera through Conditional Zoning proffers. Patricia Phillips, Director of Research and Development, advised the City employed two outside consultants, Doctors Robert W. Burchell and David Listokin (Professors at Rutgers University) to assist the City identifying costs associated with new growth and proffer charges associated with Conditional Zoning. Dr. Burchell advised a study was conducted tracing the national origins and concepts of local development charges. Thus, the study for Virginia Beach would entail national principals and be sensitive to the State legal environment and contain local data. The object was to derive a proffer schedule, which was related to the particular circumstances existing in the individual municipality. The proffer schedule developed is equitable and sensitive to the future positive fiscal impacts of a development that would qualify under this schedule. The proffer schedule is reflective of the culture of impact fees. It is a capital and not an operation charge. It is a marginal one-time charge and it is rationally tied to the cost required by new development. The combination of the infrastructure charge, taken together with the mitigating aspects of both fiscal impact and the equity credit for existing debt service, constitutes the proffer charge. The proffer system, put in place and carefully monitored, will enable developments that exceed Comprehensive Plan densities to pay for the costs they create. Dr. David Listokin outlined specific aspects of the report. Dr. Listokin referenced Page 5 of the document "PROFFER CHARGES - CONCEPTS AND APPLICATIONS". Exhibit A: CALCULATION OF PROFFERS: VIRGINIA BEACH, VIRGINIA STRATEGY. There are two sides to the equation (debits and credits) in attempting to calculate the proffer. With regards to the Concept, the debit is the Total Marginal Capital Cost to the City. There is also a credit side, as growth occurs it pays taxes and there are other benefits to the City. With relation to the method growth impacts on capital facilities, this would be examined point-by-point (Residential (Units - People/pupils - Municipal and School Capital Costs/ nonresidential developments - Employees/Consumers - Municipal Capital Costs). This is the debit side of the equation. In examining the credit side of the equation, there are two specific credits: "Equity" - Annual Taxes x Capital Share x Cap Rate + "Fiscal Impact" - Annual Fiscal Impact x Capital Share x Cap Rate. - 4 - C IT Y MANA GE R ' S B R I E F IN G CONDITIONAL ZONING PROFFER CALCULATIONS ITEM # 34323 (Continued) Dr. Listokin referenced EXHIBIT 1 - MODULAR DEVELOPMENT TYPES: PHYSICAL/DEMOGRAPHIC PROFILES, EXHIBIT 2 - DEVELOPMENT-RELATED INFRASTRUCTURE NEEDS AND COSTS - NON-ROAD. This was subdivided into Governmental Level, Infrastructure Need, Infrastructure Usage, Infrastructure Capacity, Infrastructure Costs and Infrastructure Cost Per Unit of Capacity. EXHIBIT 3 - DETAILED ANALYSIS OF SCHOOL INFRASTRUCTURE COST AND CAPACITY entailed deriving a School Infrastructure Cost Per Pupil. The Total Cost, Cost Net of Developer and Extralocal Aid, Nominal School Capacity, "Adjusted" School Capacity and School Infrastructure Cost Per Pupil were examined. EXHIBIT 4 - DEVELIDPMENT RELATED INFRASTRUCTURE NEEDS AND COSTS - ROADS examines road improvements for a residential and nonresidential development standpoint. EXHIBIT 5 - MARGINAL INFRASTRUCT[JRE COSTS FOR COMPONENT LAND USES - examines the Elements of Infrastructure Cost. This is the debit side of the equation. The credit side of the equation is reflected in EXHIBIT 6 - FISCAL IMPACTS OF COMPONENT LAND USES. EXHIBIT 7 - reflects PROFFER CRARGES FOR COMPONENT LAND USES TAKING INTO ACCOUNT INFRASTRU COSTS, FISCAL IMPACR AND EQUITY CONSIDERATIONS Patricia Phillips, Director of Research and Strategic Planning, provided a synopsis of the Burchell and Listokin Study by the utilization of slides: Proffer procedures provide a guideline. Goal is to calculate a reasonable pro-rata share of capital costs. Cost of needed improvements = Service standard x costs Facility standards -- as established by the Comprehensive Plan per capita acres per 1,000 population trips trip lengths per employee Proffer Charge = Total Infrastructure - Credits The Cost Elements entailed in the equation ate: General Government (Public Buildings) Cost of administrative space $9 per capital (residential) $3 per employee (nonresidential) Police, Fire, Emergency Medical One police precinct per 98,000 people ($9 per capita for residential) and 36,000 employees ($8 per employee) Share of a central station ($10 per capita, $9 per employee). One fire/EMS station per 22,000 people ($33 per capita) and 8,000 employees ($31 per employee). Roads Trip-ends per day x trip miles; at 7,750 trips per lane-mile (Service Level "C"), times cost of $600 per foot: Times cost per lane-mile: Per Unit Per 1,000 sf Single-family = $2,230 Office = $4, 1 Townhouse = 1,673 Retail = 4,530 Apartments = 1,394 Industrial = 1,603 - 5 - C I T Y M A N A G E R I S B R I E F I N G CONDITIONAL ZONING PROFFER CALCULATIONS ITEM # 34323 (Continued) Parks, Recreation Centers, and Libraries Parks: Two acres per 1,000 population for a communlty level park, at $27,00 per acre. Three acres per 1,000 population for a district level park at $15,360 per acre. Dedication of 2 acres per 1,000 population for neighborhood park for residential development. Recreation Centers: .75 sf indoor recreation facility per capita, at $99 per sf. Libraries: .225 sf per capita branch library space at $119 per sf . Schools Development-generated students per household x per pupil construction costs. Single Family $5,911 Townhouse 2,947 Apartment 304 Extraordinary Items, If any For example, will a bridge be needed; will there be other special costs for wetlands, water tower, etc.? Unique circumstances. Credit for Share of Future Revenue that will pay for Debt Service 8 1/2% of estimated pro rata annual revenues from the development, capitalized at 7% for 20 years. Credit for Positive Annual Fiscal Impacts (This will apply only to positive annual fiscal Impact projects) 8 1/2% of net annual fiscal Impact, (portion that would be used to offset future debt service), capitalized at 7% for 20 years. Dr. James Nichols, Associate Director and Professor of Urban and Regional Planning - University of Florida, advised virtually every c(xnmunity is havlng problems funding roads and schools. Any system like this has a tendency to become very complex. This City must keep it simple. The objective of the proffer program Is not to be totally accurate or predict anything, but rather establish a reasonable procedure for sharing costs. After reviewing this document concerning Infrastructure Costs, Fiscal Impacts and Proffer Charges, Dr. Nichols believed this to be an outstanding procedure - 6 - ITEM # 34324 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Robert E. Fentress In the Counci I Chambers, City Hal I Bui Iding, on Tuesday, April 23, 1991 at 5:12 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent-. Mayor Meyera E. Oberndorf 7 ITEM 34325 Vice Mayor Robert E. Fentress entertained a motion to permit City Counci I to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or Interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Erosion Commission Performance Appraisal: City Manager. Upon motion by Counci Iman Clyburn, seconded by Counci Iman Jones, City Counci I voted to proceed Into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lantelgne, Reba S. McCianan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent Mayor Meyera E. Oberndorf - 8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL ITEM # 34326 April 23, 1991 6:00 P.M. Vice Mayor Robert E. Fentress called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, April 23, 1991, at 6:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Glyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf (UNDERGOING MAJOR SURGERY) INVOCATION: Reverend Fritz Stegeman Open Door Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 9 Item IV-E-1- CERTIFICATION OF EXECUTIVE SESSION ITEM 34327 Upon motion by Councilman Heischober, seconded by Counci Iman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACC6RDANCE WITH THE MOTION TO RECESS. Only publlc business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed In Executive Session to which this certification resolution applies; AND, only such public business matters as were Identified In the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 4h, CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 34325, Page No. 7 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. uth Hodgs Sith, CMC@AAE City Clerk April 23, 1991 - 10 - Item IV-F.l. MINUTES ITEM # 34328 Upon motion by Counci Iman Clyburn, seconded by Counci lman Baum, City Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 9, 1991. ITEM 0 34320, Page 51, APPOINTMENTS to the VIRGINIA MUNICIPAL LEAGUE POLICY COMMITTEES FOR 1991, shal I be deleted from APPROVAL. City Council shall consider whether the City shall remain in the VIRGINIA MUNICIPAL LEAGUE during the ADOPTION of the FY 1991-1992 OPERATING BUDGET. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Item IV-G.l. ITFM # 34329 VIRGINIA FORESTRY POSTER AWARDEES Vice Mayor Fentress recognized the VIRGINIA F'ORESTRY POSTER AWARDEES 1139th ANNUAL KEEP VIRGINIA GREEN POSTER CONTEST" and presented each with pewter cups bearing the City Seal. Both are students of Virginia Beach Vocational Technical Center. FIRST PLACE Jason Olsson SECOND PLACE Omar Quiambao Councilman Baum recognized Jean Judith Doyle, Teacher of Advertising Design at the Virginia Votechnical Center. Councilman Baum expressed his appreciation to the students and advised Vo-Tech's Advertising Design students have placed in the top four winning categories continuously for 17 years. Of the 40,872 statewide poster entries, twenty-three of Mrs. Doyle's students were recognized for their hard work. Two took the top honors. Mrs. Doyle advised the Principal, William G. Moosha, was in attendance and introduced Paul F. Revell, County Forester, Virginia Department of Forestry. Mr. Revell advised the Forest Stewardship is a program, which will be instituted in Virginia Beach and the rest of the State of Virginia. This is sponsored by the Departments of Forestry, Game and Inland Fisheries, Conservation and Recreation, the State Water Control Board and Virginia Tech. Forest Stewardship is sponsored at the Federal level by the Soil Conservation Service of the U.S. Department of Agricultural. Forest Stewardship will recognize the forest landowner's commitment to multiple use forestry. Stewardship management of private lands will have a positive influence on national environmental concerns; global warming, protecting endangered species, loss of fish and wildlife habitat, wetlands management, biological diversity, water and air quality, outdoor recreation opportunities and future timber supply. The City is fortunate to have Councilman Baum, one of the few good practitioners of Forest Stewardship. Councilman Baum has been a model for the citizens of Virginia Beach, having won in consecutive years the State Forestry Award from the Association of Soil and Water Conservation Districts. Most recently, the American Tree Farm System recognized Councilman Baum for his sound forest management practices on his property in Blackwater. - 12 - Item IV-H.1 FORESTRY ANNUAL REPORT ITEM # 34330 Paul F. Revell, County Forester of the Virginia Department of Forestry, advised William L. Pierce, Regional Forester, was unable to attend. The 1990 ANNUAL REPORT OF FORESTRY ACTIVITIES was distributed to City Council and is hereby made a part of the record. At the end of 1990, there were 41,837 acres of Commercial Forest in the City of Virginia Beach. Number Acres FOREST FIRE DATA: Forest Fires Burned 2 1 No. Forest on which suppression costs collected I No. Fire Law violations in court 0 FOREST LANDOWNERS ASSISTED Forest Management Plans 3 4,412 Other examination and Landowner Assists 42 664 - @076 Total Landowners Assisted 45 FOREST MANAGEMENT ACCOMPLISHMENTS Landowners ordering seedlings 17 No. Seedlings planted 28,850 No. Tracts planted or seeded and acreage 4 11 Natural Regeneration 1 40 Total Reforestation 5 51 No. Tracts and acreage site prepared (prescribed burned) No. Tracts and acreage site prepared (other) Total Site Preparation Pine Stands Thinned BEST MANAGEMENT PRACTICES Lin. Ft. Log Road Layout I 1,000 Stabilization (roads, decks, fire lines) Buffer Strips (streamside, wildlife, etc.) Other Bmps 6 INF'ORMATION AND EDUCATION Article to News Media 1 Talks (schools, clubs, fire, field trips) 27 Exhibits, Parades 12 - 13 - Item IV-I.l. PUBLIC HEARING ITEM # 34331 Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING: FRANCHISE: COX CABLE OF HAMPTON ROADS The following registered to speak: Alice Mullen, President - Virginia Beach Cable TV, 615 High Point Avenue, Phone: 428-2805, spoke in favor of the renewal of Cox Cable Franchise and also encouragement of competition. Said statement is hereby made a part of the record. Lou Pace, 1908 Hunts Neck Court, Phone: 469-0925. Mr. Pace also spoke in favor of encouraging competition There being no further speakers, Vice Mayor Fentress CLOSED the PUBLIC HEARING. - 14 - Item IV-J.l.a. ORDINANCES ITEM # 34332 The following registered to speak: Paul West, 1333 Gannett Run, Phone: 459-3400, Director of the Eastern Surfing Association, spoke in support of the surfing ordinance. Cam Anderson, 218 83rd Street, Phone: 425-6198, represented Virginia Beach Junior High School and spoke in support of the surfing ordinance. Tysha Theurer, 2412 Holly Road, Phone: 428-3154, Co-Director of the Eastern Surfing Association, spoke in support of the surfing ordinance. Cecil Meyers, spoke for Lori Todd of 5804 Holly Road, Phone: 425-5227. Mr. Meyers spoke in support of the surfing ordinance. Mr. Meyers is active in the Eastern Surfing Association. Bill Frierson, 809 Kerry Lane, Phone: 422-8823, co-owner of Wave Riding Vehicles spoke in support of the surfing ordinance. Linwood Branch, 968 Oriole Drive, South, Phone: 428-8015, President of Hotel/Motel Association, endorsed the concept of uniform times and dates for Ordinances affecting the resort area. The Hotel/Motel Association would recommend specific park-like areas set aside for the skateboarders. Barbara Messner, 509 24th Street, Apartment 2, Phone: 422-1902, spoke in support of rollerskating year 'round on the boardwalk. Timothy Barrow, 1928 Thunderbird Drive, Phone: 427-2900, Chairman of the Resort Area Advisory Commission. The RAAC supports proposed changes to the Beach ordinances. The RAAC requested the current prohibition on skateboarding be extended to all side streets of Pacific Avenue. Albert Jensen, 654 South Atlantic Avenue, Phone: 422-5485/428-6801, President of the Croatan Civic League which represents Croatan and Harbor Point. The Civic League is in OPPOSITION to the dates proposed. The Civic League requested the period be from May Fifteenth through September Thirtieth with the times being from 10:00 A.M. to 5:00 P.M. Robert Bostic, 1836 Eden Way, Phone: 496-3374, spoke in support of rollerskating and rollerblading on the boardwalk. Lou Pace, 1908 Hunts Neck Court, Phone- 468-0925, spoke in support of the ordinances. Karen Bostic, 1836 Eden Way, Phone: 496-3374, spoke in support of rollerskating and rollerblading on the boardwalk. Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6-116 re surfing generally of the Code of the City of Virginia Beach, Virginia: Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 6-116 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINLA, PERTAINING TO 5 BEACHES, BOATS AND WATERWAYS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-116 of the Code of the City of Virginia Beach, Virginia, is hereby 9 amended and reordained to read as follows: 10 Section 6-116. Surfing generally. 11 (a) it shall be ui4lawful for any per-son to SuFf - --- d, vathout an T 12 ;ittp.c;becl le;isb or teth@r., &om Ale;norial Day to city in thc littoral 13 4.A.,;-iter-g (4i the -A-tl- --,:- , ---:tted 14 (a) It shall be unlawful for aU person to surf or to use a surfboard at apy time 15 in the littoral waters of the Atlantic Ocean, without a leash or tether joinin fer and 16 board. 17 (b) It shall be unlawful for anv Derson to surf or to use a surfboard ftom 18 Memorial Day Weekend to Labor Day Weekend, in the ciiy in the littoral waters of the 19 Atlantic Ocean, excel2t as 12ermitted herein: 20 (1) At the city recreation park, Little Island, at places and times as designated by the 21 director of parks and recreation. 22 (2) South of Little Island Park to the state line, between sunrise and sunset, subject to 23 restrictions that may be imposed by the United States in the area owned by it. 24 (3) In the atea between the souther-D boundary of the United States Naval 25 Reservation, Dam Neck, and the northern line of Little Island Park, between tbe 26 hours of sunrise and sunset; except that, between Memorial Day Weekend and 27 Labor Day eekend, surfing is not permitted between the hours of 10:00 a.m. 28 and 4:00 p.m. weekdas and 10:00 a.m. and 6:00 12.m. weekends and holidus. 29 (4) In the areas north of the northern line of Camp Pendleton to the southern 30 boundary of 42nd Street, between the hours of sunrise and sunset; except that, 31 between th@ per-iod A4ay fif4ganth. Memorial DU Weekend through Septe@er 32 thirtieth labor Dgy Weekend, surfing is not permitted between the hours of 10:00 33 a.m. and 5WO 4:00 p.m. weekdltys aDd 10,00 a.m. and 6:00 12.m. weekends and 34 holidus. Surfing is permitted in the area three hundred (300) feet north of the 35 center line of 3rd Street prolongated eastward extending one hundred (100) feet 36 north of the center line of 5th Street prolongated eastward and in the area eight 37 hundred (800) feet south of the southern jetty of Rudee Inlet and in the area five 38 hundred (500) feet north of the northern jetty of Rudee Inlet between sunrise and 39 sunset. 40 (5) In the areas from the southern boundary line of 42nd Street north to the southem 41 boundary line of Fort Story between the hours of sunrise and sunset; except that 42 surfing is not permitted between Memorial Day Weekend through Labor Day 43 Weekend between the hours of 10:00 a.m. and 5WO 4:00 p.m. weekdus and 10:00 44 a.m. and 6:00 12.m. weekends and holid4ys. 45 (6) In such posted surfing areas, not to exceed five hundred (500) feet, as the city 46 manager may from time to time set aside for periods not to exceed forty-five (45) 47 days. The city manager shall file his reasons for establishing such areas, within 48 twenty-four (24) hours of such posting, with the city clerk. 49 W For purl2oses of this section, Memorial DU Weekend shall be deemed to 50 commence 6:00 12.m. the FridLay before Memorial DLay and Labor Dgy Weekend shall be 51 deemed to end at 6:00 12.m. Labor DU. 52 @(M Surfing is prohibited at all times, except as provided in subsection (a)(6) 53 above, within three hundred (300) feet north and three hundred (300) feet south of the 54 Wooden Fishing Pier located between 14th Street and 15th Street, as well as the area 55 between the north and south jetties of Rudee Inlet. 56 @Le) Any person who violates the provisions of this section shall be guilt-Y of a 57 Class 4 misdemeanor. 58 Adopted by the Council of the City of Virginia Beach, Virginia on the 23 day 59 of April 1991. 60 CA-4201 61 \ordin\proposed\06-116.pro 62 R-7 2 1 5 Item IV-J.l.b. ORDINANCES ITEM # 34333 A Motion was made by Counci Iman Lanteigne, seconded by Councilman Brazier, to ADOPT, AS REVISED an Ordinance to AMEND and REORDAIN Section 6-5 re pets on beach of the Code of the City of Virginia Beach, Virginia. (The times had been transposed - the hours shall be 4:00 p.m- and 10:00 a.m. the following day.) Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED, as AMENDED: Ordinance to A14END and REORDAIN Section 6-5 re pets on beach of the Code of the City of Virginia Beach, Virginia. *The hours shall be from 6:00 p.m. and 10:00 a.m. the following day. Voting: 6-3 Council Members Voting Aye: James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan and William D. Sessoms, Jr. Council Members Votlng Nay: John A. Baum, Robert W. Clyburn and Paul J. Lanteigne Council Members Abstaining: Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf Councilwoman Parker ABSTAINED as she did not agree with either time change and preferred the times remain as on the original ordinance. 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 6-5 OF THE 3 CODE OF THE CrrY OF VIRGINIA 4 BEACH, VIRGINLA, PERTAINING TO 5 BEACHES, BOATS AND WATERWAYS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-5 of the Code of the City of Virginia Beach, Virginia, is hereby 9 amended aild reordained to read as follows: 10 Section 6-5. Pets on beach. 11 (a) It shall be unlawful for any person who owns or has control of any pet to 12 permit such pet to be on the public sand beaches, the boardwalk or the grassy area west 13 of the boardwalk to the property liries from Rudee Inlet on the south to 42nd Street on 14 the north during the period from May fif4eenth 6:00 p.m. on the FridU before Memorial 15 D@a through Septembc; thirtieth 6:00 p.m. Labor Day of each year, such period 16 hereinafter referred to as the "season." 17 (b) It shall be unlawful for any person who owns or has control of any pet to 18 permit such pet to be on any other public sand beaches within the city during the season; 19 provided, however, that such pet may be permitted on said beaches in the custody of or 20 under the control of a responsible person during the season between the hours of 21 p m and 9900 a m. the follomdng day 6:00 p.m and 10:00 a.m. the foll da . 22 (c) In accordance with the provisions of Section 51.5-44 of the Code of Virginia, 23 the provisions of subsections (a) and (b) of this section shall not be applicable to a guide 24 dog, hearing dog or service dog trained to accompany a person with a disability when 25 being accompanied by such person. 26 (d) Any person who owns or has control of any pet shall not knowingly or willfully 27 permit such pet to litter any public sand beaches within the city or to litter the boardwalk 28 or the grassy area west of the boardwalk to the property lines from Rudee Inlet on the 29 south to 42nd Street on the north, at any time during the season or at any other time. 30 In the event such pet shall defecate on the public sand beaches within the city, or on the 31 boardwalk or the grassy area west of the boardwalk to the property lines from Rudee 32 Inlet on the south to 42nd Street on the north at any time, the person who owns or has 33 control of such pet shall immediately remove all feces deposited thereon by such pet and 34 dispose of same in a sanitary manner approved by the department of public health, such 35 as by encasing same in an airtight wrapper or container and placing same in a garbage 36 receptacle. Failure to so remove said feces in accordance with the provisions of this 37 subsection shall constitute a Class 1 misdemeanor. 38 (e) Notwithstanding the above, it shall be unlawful for any person who owns or has 39 control of any pet to permit such pet to be oD any public sand beaches within the city, 40 at any time, unless such person shall have in his possession a colitainer of sufficient size 41 and adequate design to remove and dispose of all feces deposited thereon by such pet, 42 in accordance with the provisions of subsection (d). 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day 44 of April, 1991. 45 CA-4197 46 \ordin\proposed\06-005.pro 47 R-5 2 - 16 - Item IV-J-1-c- ORDINANCES ITEM # 34334 Upon motion by Counci lman Lanteigne, seconded by Councilman Sessoms, City Council ADOPTED: ordinance to AMEND and REORDAIN Section 6-3 of the Code of the City of Virginia Beach, Virginia, re playing ball, using frisbee, et cetera, on beach. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 6-3 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINL4, PERTAINING TO 5 BEACHES, BOATS AND WATERWAYS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-3 of the Code of the City of Virginia Beach, Virginia, is hereby 9 amended and reordained to read as follows: 10 Section 6-3. Playing ball, using frisbee, etc., on beach. 11 (a) It shall be unlawful for any person to engage in ball playing or the use of a 12 frisbee or any activity of like kind which may endanger the safety of others on the sand 13 beach, the boardwalk and the grassy area west of the boardwalk to the property lines 14 from Camp Pendleton on the south to 42nd Street on the north from 10,00 a.m. to 4:00 15 12.m. weekdltys and 10:00 a.m. to 6:00 p.m. weekends and holidas from 16 to September- thirtieth Memorial Dqy Weekend throujzh Labor DU Weekend of each 17 year. For the sand beach area between Camp Pendleton and Rudee Inlet, known as 18 Croatan Beach, this section shall apply only on weekends and holidays 10,00 a.m. to 6:00 191, @m. and shall not apply to the areas on Croatan Beach as referenced in paragraph (b) 20 below. 21 For 12url2oses of this section, Memorial Dgy Weekend shall be deemed to 22 commence at 6:00 12.m. the FridU before Memorial DU and Labor Dgy Weekend shall 23 be 6:00 p.m. Labor Da . 24 The city manager or his designee is authorized to designate areas within the 25 sand beach of Croatan Beach where activities such as playing ball or using a frisbee or 26 any activity of like kind may be allowed. Such areas shall be designated with appropriate 27 markers. ch, Virginia on the 23 day 28 Adopted by the Council of the City of Virginia Bea 29 of - 1991. 30 CA-4163 31 \ordin\proposed\06-003-pro 32 R-5 2 1 7 Item IV-J.l.d- ORDINANCES ITEM # 34335 Upon motion by Counci Iman Lanteigne, seconded by Counci Iman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6-114 of the Code of the City of Virginia Beach, Virginia, re restrictions on launching, landing, parking or stationing recreational vessels In certain areas. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECRION 6-114 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 BEACHES, BOATS AND WATERWAYS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-114 of the Code of the City of Virginia Beach, Virginia, is hereby 9 amended and reordained to read as follows: 10 Section 6-114. Restrictions on launching, landing, parking or stationing recreational 1 1 vessels in certain areas. 12 (a) It shall be unlawful for any person to launch or land a sailboat, motor boat, 13 canoe, rowboat, flatboat, kayak, umiak, scull or any other similar recreational vessel on the 14 beach area north of Rudee Inlet to the center line of 42nd Street prolongated eastward, 15 between @ fif4eenth Memorial Dgy Weekend and September 4hir-tieffi Labor Dgy 16 Weekend between the hours of 10:00 a.m. and @ 4:00 p.m. weekdgys and 10:00 a.m. 17 and 6:00 p.m. weekends and holidays. For purposes of this section, Memorial Day 18 Weekend shall be deemed to commence at 6:00 12.m. the Friday before Memorial Dgy and 19 Ubor Day Weekend shall be deemed to end at 6:00 12.m. Labor Day. 20 (b) It shall be unlawful for any person to park or station a sailboat, motor boat, 21 canoe, rowboat, flatboat, kayak, umiak, scull or other similar recreational vessel on the 22 beach area north of Rudee Inlet to the center line of 42nd Street prolongated eastward, 23 with the following exceptions: 24 (1) In an emergency; 25 (2) With an approved race or regatta permit; or 26 (3) In the process of launching or landing a vessel specified above in the areas and 27 during the time periods permitted in subsection (a) of this section. 28 (c) It shall be unlawful for any person to launch, land, park or station a motor 29 boat on the beach between the area north of the center line of 42nd Street prolongated 30 eastward and the southern boundary line of Fort Story, except in an emergency or with 31 an approved race or regatta permit. 32 (d) It shall be unlawful for any person to launch, land, park or station a sailboat 33 on the beach between the area north of the center line of 42nd Street prolongated 34 eastward and the southern boundary line of Fort Story without a permit from the city 35 manager, Vith the following exceptions: 36 (1) In an emergency; or 37 (2) With an approved race or regatta permit. 38 (e) Permits will be issued by the City manager for sailboats to be launched, landed, 39 parked or stationed on the beach between the area north of the center line of 42nd Street 40 prolongated eastward and the southern boundary line of Fort Story under the following 41 conditions: 42 (1) The permit to be issued on a first come first serve basis subject to subsections (i) 43 and 0) of this section. 44 (2) The city manager shall limit the number of permits to four (4) sailboats per block 45 between the area north of the center line of 42nd Street prolongated eastward and 46 the center line of 57th Street prolongated eastward; seven (7) sailboats per block 47 between the area riorth of the center line of 57th Street prolongated eastward and 48 the center line of 77th Street prolongated eastward, and twelve (12) sailboats per 49 block between the area north of the center line of 77th Street prolongated eastward 50 to the southern boundary line of Fort Story. 51 (3) A sailboat having a valid permit under this subsection may be launched, landed, 52 parked or stationed on the beach area in front of any block between 42nd Street 53 and Fort Story as long as the maximum number, as set forth in (2) above is not 54 exceeded. If the maximum number as set forth in (2) above is exceeded, then the 55 sailboat that does not have a permit for that particular block shall be in violation 56 of this section. 57 (4) Permits are valid only for the month of March through the month of October for 58 the year in which the permit was issued. 2 59 (5) Permits must be renewed annually. 60 (6) The annual permit fee shall be tbirty dollars ($30.00) for residents of the city and 61 ninety dollars ($90-00) for nonresidents. The city manager is authorized to establish 62 dates of issuance for such permits for residents and nonresidents. 63 (7) There shall be no parking or stationing of sailboats on the sand dunes or in front 64 of access points or street ends. 65 (8) No anchors shall be driven in the beach to secure sailboats, unless approved by the 66 director of the department of public works as to type, size and location. 67 (9) No sailboats shall be secured to lawful fixtures or structures on the beach. 68 (10) The permits shall be placed on the outside port (left) bow of the sailboat. 69 (1 1) Permits are nontransferable. 70 (f) It shall be unlawful for any person to launch or land any sailboat, motor boat, 71 personal water craft or any other recreational vessel on the beaches extending south of 72 Fleet Combat Training Center Dam Neck to the southern boundary of Little Island Park 73 during the season from 6:00 p.m. on the Fridgy before Memorial Da 74 Weekend through Septemb 6:00 12.m. on the a Labor Day 75 Weekend, between the hours of 10:00 a.m. and 5= 4:00 p.m. weekdays and 10:00 a.m. 76 and 6:00 i).m. weekends and holida s, except as hereafter provided: 77 (1) Water craft may be launched or landed in ari emergency or for law enforcement 78 purposes. 79 (2) Water craft may be launched and landed at any time from the beach commencing 80 at the southern boundary of Little Island Park, extending four hundred (400) feet 81 north. 82 (3) Commercial fishing boats operating from the beaches by permission of the Virginia 83 Division of Parks and Recreation shall be exempt from the restrictions of this 84 article. 85 (g) Any police officer of the City of Virginia Beach is hereby authorized to remove 86 and impound or have removed and impounded any vessel which appears to be in violation 87 of this section of which is lost, stolen, abandoned or unclaimed. In addition to the fine 3 88 imposed for a violation of this section, such vessel shall be removed and impounded at the 89 owner's expense until lawfully claimed or disposed of. 90 (h) Any person who shall violate any of the provisions of this section shall be guilty 91 of a Class 4 misdemeanor. 92 (i) if any person holding a permit under this section has three (3) or more 93 convictions, or findings of not innocent in the case of a juvenile, of violating this section 94 or section 6-115 within the permit period, the city manager shall revoke that person's 95 permit. That person shall not be eligible for another permit for the same permit period. 96 0) Any person who has six (6) or more convictions, or findings of not innocent in 97 the case of a juvenile, of violating this section or section 6-115 within any two (2) year 98 period shall not be issued a permit by the city manager under this section for the next two 99 (2) years. 100 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day 101 of April, 1991. 102 CA-4200 103 \ordin\proposed\06-114.pro 104 R-4 4 - 18 - Item IV-J.l.e. ORDINANCES ITEM # 34336 Upon motion by Counci Iman Lanteigne, seconded by Counci Iman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6-30 of the Code of the City of Virginia Beach, Virginia, re fishing from sand beaches of Vlrginta Beach Borough. Voting: 8-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan and William D. Sessoms, Jr. Council Members Voting Nay: Vice Mayor Robert E. Fentress and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 6-30 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINLA, PERTAINING TO 5 BEACHES, BOATS AND WATERWAYS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-30 of the Code of the City of Virginia Beach, Virginia, is hereby 9 amended and reordained to read as follows: 10 Section 6-30. Fishing from sand beaches of Virginia Beach Borough. 11 It shall be unlawful to fish from the sand beaches south of 42nd Street in the 12 borough of Virginia Beach between the hours of 10:00 a.m. and @ 4.00 p.m. weekdus 13 and 10:00 a.m. and 6100 D.M. W from Memorial Day Weekend 14 through Labor Day Weekend. 15 For 12urposes of this section, Weekend shall be deemed to 16 commence at 6:01 before Memorial DLty and Labor Dgy Weekend shall 17 be deemed to end at 6:00 12.m. Labor DU. 23 18 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day t9 of April 1991. 20 CA-4199 21 \ordin\proposed\06-030.pro 22 R-4 - 19 - Item IV-J.I.f. ORDINANCES ITEM # 34337 Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City Council ADOPTED, AS REVISED: Ordinance to AMEND and REORDAIN Section 6-10 of the Code of the City of Virginia Beach, Virginia, re use of roller skates, skateboards, et cetera, on boardwalk or grassy area, bicycle path, oceanfront parks and plazas, public restrooms and sidewalks adjacent thereto. Voting: 6-4 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Paul J. Lanteigne, Reba S. McClanan and William D. Sessoms, Jr. Council Members Voting Nay: Robert W. Clyburn, Harold Heischober, Louis R. Jones and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 6-10 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 BEACHES, BOATS AND WATERWAYS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 6-10 of the Code of the City of Virginia Beach, Virginia, is hereby 9 amended and reordained to read as follows: 10 Section 6-10. Use of roller skates, skateboards, etc., on boardwalk or grassy area, bicycle 11 path, oceanfront parks and plazas, public restrooms, and sidewalks adjacent 12 thereto. 13 It sh.21.1 be ii 14 15 adjac@nt ther-otg, 16 I?acific -4@,eni3e f;om Riidee Inlet tc) 42pd Or simil2f 17 dvilicas on IA,beels or ri3nners Thir, 18 fnr tho tra"spgrtation 19 st;ollers, or rel2t@d m iA.fQ.B,tgr 20 Ua It shall be unlawful for anv vt blades, 21 skateboards, tms or similar devices on wbeels or runners on the lirassy 22 th n the biacle 12ath, oceanfront 12arks and plazas, 12ublic restrooms, and 23 sidewalks adjacent thereto at aw time. 24 It shall be unlawful for any 12erson to use roller skates, roller blades, 25 sk 26 of Pacific Avenue from Rudee Inlet the Fridgy before 27 Memorial Dav Weekend to 6:00 r).m. Labor Dav. 28 W It shall be unlawful for aliy person to use skateboards, tgys or similar 29 devices on wheels or runners on the boardwalk at aa time-, 12rovided, however, that roller 30 skates and roller blades ma be used on the boardwalk in compliance vath su section d 31 herein. 32 (o It shall be unlawful for au 12 blades, 33 skateboards, tpys or 34 recklessl or at a speed f 12 y aster than is reasonabl ro er 35 with 12edestrians or to end )f the rider other 36 12erson. 37 W The provisions of this section shall riot be al?12licable to the use of 38 wheelchairs for the transportation of disabled 12ersons or the use of b rria es 39 strollers or related modes of trans tation for infants. 23 40 Adopted by the Council of the City of Virginia Beach, Virginia on the - day 41 of 1991. 42 CA-4194 43 \ordin\proposed\06-01OX-pro 44 R-5 2 - 20 - Item IV-J-2- ORDINANCES ITEM # 34338 Upon motlon by Councilman Heischober, seconded by Councilman Baum, City Council ADOPTED: ordinance to AMEND and REORDAIN Chapter 38 of the Code of the City of Virginia Beach, Virginia, by ADDING Section 8 re transporting a loaded rifle or shotgun. Voting: 10-0 Councll Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf AS TC) AN ORDINANCE TO AMEND AND 1 REORDAIN CHAPTER 38 OF THE CODE 2 E C ATTO 3 OF THE CITY OF VIRGINIA B ACH, 4 VIRGINIA, BY ADDING SECTION 8, 5 PERTAINING TO TRANSPORTING A 6 LOADED RIFLE OR SHOTGUN. 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Chapter 38 of the Code of the City of Virginia Beach, 10 Virginia, is hereby amended and reordained by adding section 8 to 11 read as follows: 12 Section 38-8 TransiDortina a loaded.rifle or shotgun, 13 (a) No person s )r carry a loaded 14 shotgun or loaded rifle in any vehicle on anv Dublic street, road 15 or hicrhwav. 16 (b) The provisions of this section shall not applv to duly 17 authorized law enforcement officers or military Personnel in the 18 performance of their lawful duties. nor to any person who 19 r ieves that a loaded rifle or shotgun is necess@ 20 for his ]2ersonal safety in the course of his employment or 21 business. 22 (c) Violation of this section shall be punishable pa.a fine 23 of not more than $100. 24 This ordinance shall become effective May 1, 1991. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia on the 23 day of April 1991. 27 CA-4157 28 \ordin\proposed\38-8.pro 29 R-3 - 21 - Item IV-K.I. RESOLUTIONS ITEM # 34339 Letter from W. F. Patterson, Jr., District Manager - Virginia Beach East District - Virginia Power, dated April 22, 1991, requesting DEFERRAL until the May Seventh Council Meeting, is hereby made a part of the record. Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council DEFERRED until the City Council Session of May 7, 1991: Resolution requesting the State Corporation Commission impose conditions of approval on Virginia Power's application for authority to construct an electrical transmission line and substation on Jarvis Road west of Princess Anne Road. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 22 - Item IV-K.2. RESOLUTIONS ITEM 34340 Timothy E. Barrow, Chairman - Resort Area Advisory Commission, 1928 Thunderbird Drive, Phone: 427-2900, expressed concern relative the Implementation of the concept for the summer season. A plan for handling Increased traffic on Pacific Avenue needs to be put In place and the public and buslness community needs to be fully Informed. Letter from Timothy E. Barrow, dated April 23, 1991, is hereby made a part of the record. Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council DEFERRED INDEFINITELY: Resolution authorizing the City Manager to proceed with installation of temporary pavement markings along Atlantic Avenue from Fifth Street to Forty- second Street to provide one lane In each direction with a reversible center left turning lane and an exclusive trolley/emergency vehicle lane. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 23 - Item IV-K.3. RESOLUTIONS ITEM # 34341 The following registered in support of the Resolution: Linwood Branch, 968 South Oriole Drive, Phone: 428-8015, represented the Virginia Beach Hotel/Motel Association Henry Richardson, 2702 Atlantic Avenue, Phone: 428-2203, represented the Roadway Inn Timothy E. Barrow, Chairman - Resort Area Advisory Commission, 1928 Thunderbird Drive, Phone: 427-2900, Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED: Resolution authorizing the City Manager to proceed with plans and documents necessary to implement the cross section for Atlantic Avenue within the St eetscape Project from Twenty-fifth Street to Fo@ty-second Street. (ALTERNATIVE 1) Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf 1 A RESOLUTION TO PROVIDE DIRECTION TO THE 2 CITY MANAGER TO PROCEED WITH PLANS AND 3 DOCUMENTS NECESSARY TO IMPLEMENT THE CROSS 4 SECTION FOR ATLANTIC AVENUE WITHIN THE 5 STREETSCAPE PROJECF FROM 25TH STREET TO 42ND 6 STREET 7 WHEREAS, members of the Joint Circulation Committee of the Resort 8 Area Advisory Commission and members of the Virginia Beach Hotel/Motel Association 9 have reached a major consensus commitment to provide a three lane cross section for 10 Atlantic Avenue north of 25th Street; and, 11 @EREAS, ari approved Capital Improvement Program has the necessary 12 available funds to provide for the continuing design of the Resort Streetscapes 13 Improvements Project (C.I.P. #2-049) for the area along Atlantic Avenue north of 25th 14 Street. 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 That the City Council of the City of Virginia Beach authorizes the City 18 Manager to proceed with the design of Atlantic Avenue from 25th Street to 42nd Street 19 to provide a three lane cross section consisting of three 11' wide lanes with one lane in 20 each direction and a reversible left center tuming lane to be accomplished as part of the 21 Resort Streetscapes linprovements Project (C.I.P. #2-049). 22 Adopted by the Council of the City of Virginia Beach, Virginia, on this 23 23 day of 1991. 24 CA-4211 25 XSECTION.RES 26 R-1 - 24 - Item IV-K.4. RESOLUTIONS ITEM # 34342 Larry Herz, 1 868 Pr i ncess Anne Road, Phone: 426-6827, represented the Hol I day Travel Park Campground and Its parking lot at the Intersection of Norfolk and Pacific Avenues. This lot Is at the northern end of the Pacific Avenue Road Improvement Project. Mr. Herz recommended the City approve their concept of maximizing parking and minimizing any adverse effect at either the Campground or the City. Said plan is hereby made a part of the record. Mr. Herz requested fair compensation for loss ot land plus damages that will be incurred by the campground. Robin L. Barefield, 270 Oceanshore Avenue, Phone: 481-1974. Mr. Barefield prepared the proposed Holiday Travel Park concept, which Is very similar to the design of the City Staff. K. E. Lantz, Jr., Urban Programs Engineer, Virginia Department of Transportation, advised the purpose of the screens was to provide some safety and protection for bicyclists. A bike path Is proposed to go over the bridge. The proposed elevation of thirty-five feet for the new bridge will provide a vertical clearance identical to the Lesner Bridge at Lynnhaven Inlet. To go to a forty-five foot high, access might not be able to be maintained. An elevation of forty-five feet might also entail additional expenditures. Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED: Resolution approving the location and major design features of Rudee Inlet Bridge (CIP 2-903); and, authorizing the City Manager to execute all necessary railroad and utility agreements required In conjunction with acquiring such rights-of-way. VDOT and the City Staff will examine the concept of the Holiday Travel Park. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf LOCATION AND DESIGN PUBLIC HEARING APPROVAL RESOLUTION WHEREAS, a Location and Design Public Hearing was conducted on November 8, 1990, in the City of Virginia Beach by representatives of the Commonwealth of Virginia, Department of Transportation, after due and proper notice for the purpose of considering the proposed location and design of the Pacific Avenue bridge and approaches over Rudee Inlet, Project UOOO-134-119, PE101, RW201, C501, B611 in the City of Virginia Beach, at which hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with state and federal requirements; and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, representatives of the City of Virginia Beach were present and participated in said hearing; and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the council considered all such matters; now THEREFORE, BE IT RESOLVED, that the Council of the City of Virginia Beach hereby approves the location and major design features of the proposed project as presented at the Public Hearing subject to the following modifications: 1. Provide 35 feet of vertical clearance beneath the new northbound lanes structure. 2. Provide an entrance on Tenth Street to the property of Mrs. G. J. Taylor. Include in the plans provisions for the drainage of her property. 3. Shift the location of Norfolk Avenue to the south so as to improve its alignment with Ninth Street. 1 BE IT FURTHER RESOLVED that the City Managgr is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary railroad and utility agreements required in conjunction with acquiring such rights-of-way. Adopted this 23 day of April 1991 City of Virginia Beach, Virginia ATTEST: By Clerk of Council city Manager 2 SITE B P. NO. 2-903 SCALE: 1" = 1600' - 25 - Item IV-K.5. RESOLUTIONS ITEM # 34343 Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City Council ADOPTED: Resolution authorizing the City Manager to execute an agreement with Southeastern Virginia Job Training Administration re 1991 Job Training Partnership Act Work Experience Program. Votlng: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Councli Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION FOR THE 1991 JOB TRAINING PARTNERSHIP ACT WORK EXPERIENCE PROGRAM WHEREAS, SVJTA has entered into an agreement with the State of Virginia for a grant to implement the Job Training Partnership Act Program, and WHEREAS, SVJTA has notified the City that the grant to Virginia Beach will provide six-month employment for economically disadvantaged citizens in entry level positions with City Departments, and WHEREAS, SVJTA will receive and administer the funds and the City Departments will plan and direct the work activities, and WHEREAS, there is no direct expenditure of City funds and no obligation by the City to secure continued unsubsidized employment for participants in the program after termination of the program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to execute an agreement with SVJTA for the City's participation in the 1991 Job Training Partnership Act Work Experience Program. Said agreement is attached hereto and the same is hereby approved. This Resolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, on the 23 day of April 1 1991. ikp"YED AS TO COts'TENI'S SlbgATURE DEPAR'rM'.t,'T APPROVED AS TO LERAL D@p"llv ATTORNFY AGREEMENT THIS NON-FINANCIAL AGREEMENT, entered into this first day of April, 1991, by and between the Southeastern Virginia Job Training Administration, a consortium of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton, pursuant to the authority granted by Section 15.1-21 of the Code of Virginia, 1950, as amended, hereinafter referred as "SVJTA", having its principal offices at the Circle East Office Building, Suite 223, 861 Glenrock Road, Norfolk, Virginia 23502 and the City of Virginia Beach existing under and by virtue of the laws of the State of Virginia hereinafter referred to as the "Agent" having its principal office at Municipal Center to begin by the first day of April, 1991, and to be completed by the thirty-first day of December, 1991. WITNESSETH THAT: WHEREAS, SVJTA has entered into an Agreement with the State of Virginia for a grant for the execution and implementation of a Job Training Partnership Act (JTPA) program; AND WHEREAS, the elected officials comprising SVJTA and the officials of the State of Virginia are desirous of providing job training which will lead to enhanced self-sufficiency; AND WHEREAS, SVJTA and the "AGENT" desire to provide meaningful work experience for economically disadvantaged individuals. NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto agree and understand as follows: ARTICLE I: AGREEMENT PURPOSE AND DEFINITIONS 100. PURPOSE It is the purpose of this Agreement to state the covenants and conditions which SVJTA and the Agent will implement to provide training and employment services, specifically work experience opportunities to eligible JTPA participants as described herein, to be funded under the guidelines of JTPA, and under the contracting powers of SVJTA. 101. DEFINITIONS 101.1 "Agent" shall mean the participating consortium member jurisdiction. 101.2 "DOL" shall mean the Department of Labor. 101.3 "Economically disadvantaged" shall mean that income level as determined by the DOL and the State of Virginia as being below poverty guidelines as certified by SVJTA. 101.4 "GETDII shall mean the Governor's Employment and Training Department of the State of Virginia. 101.5 "Job Site/Worksite" shall mean the physical location and the Department of the participating Agent to which the participant is assigned. 101.6 "Job Description/Training Plan" shall mean the form on which the job description and training plan for each work experience slot is described. 101.7 "JTPAII shall mean the Job Training Partnership Act of 1982 as amended. 101.8 "Participant" shall mean a JTPA eligible individual certified eligible by SVJTA and enrolled in a work experience slot by the consortium member jurisdictions. 101.9 "Program" shall mean the activities and services to be provided by the Agent under this Agreement. 101.10 "SVJTA" shall mean the Southeastern Virginia Job Training Administration. 101.11 "StaLte" shall mean the Commonwealth of Virginia. 101.12 "Worksite Supervisor" shall mean Agent's personnel designated by Agent to provide continuous on-site supervision and direction to participants at Agent's worksite(s) and who will be responsible for verifying participants' timesheets. ARTICLE II: PROGRAM OPERATIONS 200. PROGRAM The program to be provided shall be a work experience operation, wherein an individual certified as eligible by SVJTA and selected for participation by the Agent, is given job duties to perform under the guidance and leadership of the Agent in accordance with the JTPA. 201. RESPONSIBILITIES OF AGENT 201.1 The Agent shall plan and direct participant work activities in accordance with the applicable Federal and State Labor Laws, rules and regulations, and other applicable State and local laws. 201.2 The Agent shall direct participant(s) work activities in accordance with their job description(s)/training plan(s), which are hereby incorporated by reference and made a part of this Agreement. 201.3 The Agent shall comply with the Job Training Partnership Act of 1982 as amended and the regulations promulgated thereunder. 201.4 The Agent shall provide program orientation and training for their worksite supervisory personnel directly responsible for the supervision of participants, as to the Agent's responsibilities and obligations under this Agreement. 201.5 The Agent shall notify SVJTA immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising participants. 201.6 The Agent shall be accountable for maintaining SVJTA participant timesheets by keeping accurate time and attendance records, recording time in segments of fifteen (15) minutes, assuring and supervising the proper completion of participant timesheets consistent with instructions furnished by SVJTA, certifying their accuracy by signing the participant timesheet(s) and submitting them to SVJTA. 201.7 The Agent shall not require participants to work more than the hours reflected in the Job Description/Training Plan not to exceed forty (40) hours per week. 201.8 The Agent shall not knowingly employ or refer for eligibility certification any individual if a member of the individual's immediate family is engaged in an administrative capacity for the Agent or SVJTA. a. For the purpose of this section: (1) The term "employ" means hire, or place by transfer or any other means of whatsoever nature. (2) The term "immediate family" means a person's spouse and any other relative, by blood, marriage (including step-children and step-parents) or adoption, who resides in the person's household. (3) The term "person in an administrative capacity" means the members of a public or private governing board or council, persons having overall administrative responsibility, and persons in subordinate positions thereto having selection, hiring, placement or supervisory responsibilities regarding or over a person to be employed at the time of, or subsequent to, employment. 201.9 The Agent warrants that no participant will be involved in a work experience activity that contributes or could be expected to contribute to additional sales or income of the Agent or which will otherwise result in the subsidization of wages for the Agent's organization. 201.10 The Agent assures that all sites where participants will be assigned have the capability and facilities to provide services to participants in a sanitary and safe environment. 201.11 The Agent's worksite shall conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, the provision of safe working conditions, appropriate supervision on the premises at all times, and the development of positive work habits. 201.12 The Agent shall assure it will have supervisory personnel who will act as worksite supervisors for each of the Agent's worksites so as to provide for continuous on-site supervision of participants. 201.13 The Agent understands that the program it is operating is a single site work experience program, which means that all job sites at which participants are to be located must be part of the Agent's organization. Under no circumstances shall a participant be placed at a site other than the Agent's worksite. 201.14 The Agent shall iiiaintain according to sound management procedures, records and files, containing, but not limited to, timesheets, attendance records, supervisor assignments, and personnel changes, relating to the Agent's operation of the program. 201.15 The Agent shall make original and/or certified copies of any reports, plans, surveys, information, documents, maps or other data produced or developed by the Agent in execution of the project covered by this Agreement, available to SVJTA, the GETD and/or the Department of Labor (DOL) at any time upon reasonable notice for the purpose of program audit, examination, and review, even though the Agent may at the time of the request no longer be operating programs for SVJTA. 201.16 The Agent shall keep copies of all records pertaining to the operation of this Agreement and any Amendment hereto for three (3) years following the expiration of this Agreement. The aforementioned records will be retained beyond the three (3) years if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records will be retained until the litigation, audit or claim has been finally resolved. 201.17 The Agent shall inform SVJTA staff immediately should an accident or injury occur at the job site, affecting or involving a participant, in compliance with Exhibit A. 201.18 The Agent shall notify SVJTA staff of any problem concerning a participant's performance at a worksite. 201.19 The Agent understands and agrees that no qualified handicapped individual shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under this program. 201.20 The Agent understands that JTPA funds shall not be used in any way to promote or oppose union activities. a. No individual shall be required to join a union as a condition for enrollment in a JTPA program. b. No participant may be placed into, or remain working in any position which is affected by labor disputes involving a work stoppage. if such a work stoppage occurs, participants in affected positions must: 1. Be relocated to positions not affected by the dispute; 2. Be placed on leave; 3. If participants belong to the labor union involved in a work stoppage, they must be treated in the same manner as any union member. Such members must not remain working in the affected position. The contractor shall make every effort to relocate participants who wish to remain working into suitable positions unaffected by the work stoppage. 201.21 The Agent agrees to maintain the confidentiality of any information regarding participants or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies, counselors or any other source. 202. RESPONSIBILITIES OF SVJTA 202.1 SVJTA shall provide technical assistance with regard to complying with program requirements. 202.2 SVJTA shall hear all grievances concerning program participants' performance at the job site. 202.3 SVJTA shall provide Worker's Compensation for all program participants. 202.4 SVJTA shall be responsible for preparing and disbursing participant paychecks dependent on Agent's submission of properly certified timesheets. 202.5 SVJTA shall evaluate and monitor the Agent's program, including, but not limited to, providing written statements as to corrective actions to be taken on the part of the Agent. ARTICLE III: GENERAL OBLIGATIONS 300. GENERAL PROVISIONS 300.1 The Agent shall allow SVJTA or any of its agents, the GETD and the DOL to visit the Agent's worksites, and monitor, report problems, require corrective action within specified time periods or close worksites without prior notice other than a written notification to be delivered to the Agent at the time of the closing of the worksites, where SVJTA, the GETD, or DOL find serious or continual violations of JTPA, the JTPA regulations or other federal, state or local laws which violations are not being remedied, or where SVJTA, GETD, or DOL find noncompliance with any of the terms or conditions under this Agreement. 300.2 other than as provided herein, notice shall be required to be given to SVJTA under this Agreement, and shall be sufficient when hand delivered or mailed to SVJTA at its office at the Circle East Office Building, Suite 223, 861 Glenrock Road, Norfolk, Virginia 23502. 300.3 All notices required to be given-to the Agent under this Agreement shall be sufficient when hand delivered or mailed to the Agent at its office located at 2396 Court Plaza Drive Virginia Beach, VA 23456 300.4 Termination This Agreement may be terminated aLs follows: a. SVJTA may at its discretion terminate this Agreement without penalty in the event that JTPA funds become unavailable to SVJTA for performance under this Agreement. b. SVJTA or the Agent may request a termination for convenience upon fifteen (15) days prior written notice to the other party. c. SVJTA may terminate this Agreement at any time that the SVJTA authorized representative, who shall be the SVJTA Executive Director determines that: 1. the Agent has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; or 2. the Agent fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by SVJTA. 300.5 The Agent assures and certifies that: 1. It will comply with Title VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Rehabilitation Act and the Age Discrimination Act in that no person shall be excluded from participation in, or be denied the benefits of, any JTPA funded program because of race, color, sex, national origin, religion, age, handicap, citizenship, or political affiliation or belief. 2. Conditions of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the participant. 3. The program will not result in the displacement of employed workers, or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that should otherwise be performed. 4. No funds will be used to train participants to fill a job opening created by the action of an employer in laying off or terminating the employment of any other employee of the employer in anticipation of filling the vacancy so created by the hiring of a JTPA trainee. 5. No officer or employee of the Agent shall solicit cr accept gratuities, favors or anything I of monetary value from any actual or potential subcontractor or from any staff person or elected official connected with SVJTA. 6. It will comply with the Labor Laws of Virginia (Code of Virginia of 1950 and 1982 cumulative supplement) and the Virginia Rules and Regulations declaring hazardous occupations as promulgated by the commissioner, Virginia Department of Labor and Industry (effective date November 11 1979). 300.6 The SVJTA Work Experience Program Plan attached hereto shall be incorporated herein and made a part of this Agreement. ARTICLE V: COMPENSATION 400. PARTICIPANT WAGES 400.1 SVJTA shall be responsible for the payment of wages to the participants based upon: a. the prevailing minimum wage in effect during the contract period, and b. the actual time spent in the program activity as recorded and verified by the Agent on the timesheets submitted to SVJTA. ARTICLE V. PROHIBITED ACTIVITIES 500. UNALLOWABLE ACTIVITIES: 500.1 No participants may engage in partisan or non-partisan political activities during hours for which that person is paid for with or receives training supported by JTPA funds and no participant may engage in any political activity in which such participant represents himself or herself as a spokesperson of any JTPA program, activity or organization. No participant may be employed in a position involving political activities in the office of an elected official. 500.2 JTPA funded programs and activities may not be used to support any religious or anti-religious activity. Participants may not perform functions which provide direct religious education services. Participants shall not be employed in the construction, operation, or maintenance of any facility that is used or to be used for sectarian instruction or as a place of religious worship. 500.3 Under JTPA Regulations, placement of a JTPA participant in private-for-profit activities wherein the activities of the participant can be expected to profit the Agent or the product of the participant's work provides a profit to the Agent is prohibited. IN WITNESS HEREOF, THE Cit, @f Virginia Beach (Name ot Organization, Go rni-9 Bdy) has caused this Agreement to be executed ,d signed in its name by Aubrey V. Watts, Jr. (Name ot AUtriorized Signature) its City Manager or zed Signature) and the SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION has caused this Agreement to be executed and signed in its name by Richard A. Sciullo, Executive Director, all as of the date and year first written above. "PROVED AS TO CONTENT: (Signature of Agent) Aubrey V. Watts, Jr. rector of Personnel Name and Titl City Manager "PROVED AS TO FORM: SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION By "PROVED BY POLICY COUNCIL REPRESENTATIVE: xicnarCL A. Sciullo Executive Director Hector A. Rivera - 26 - Item IV-K-6- RESOLUTIONS ITEM # 34344 Robin L. Barefield, 270 Oceanshore Avenue, Phone: 481-1974, In favor of landscaping requirements and requested flexibility be allowed relative existing trees or landscaping. Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City Council ADOPTED: Resolution referring to the Planning Commission proposed Amendment to Section 5A.2 of the Site Plan Ordinance re parking lots landscape requirements. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McCianan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: James W. Brazier, Jr., Paul J. Lanteigne and Mayor Meyera E. Oberndorf A RESOLUTION REFERRING TO THE VIRGINIA BEACH PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION AN ORDINANCE PERTAINING TO PARKING LOTS LANDSCAPE REQUIREMENTS WHEREAS, on June 11, 1990, the Virginia Beach City Council adopted an ordinance to amend and reordain Section 5A.2 of the Site Plan Ordinance of the City of Virginia Beach, Virginia, pertaining to parking lots landscape requirements; and WHEREAS, there is the need for a minor improvement to this ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council refers this ordinance to the Planning Commission for review and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 23 day of April , 1991. I AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 5A. 2 OF TIJE 3 SITE PLAN ORDINANCE OF TliE CITY 4 OF VIRGINIA BEACH, VIRGINIA, 5 PERTAINING TO PARKING LOTS 6 LANDSCAPE REQUIREMENTS. 7 BE IT ORDAINED BY TfiE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That section 5A.2 of the Site Plan Ordinance of the City of 10 Virginia Beach, Virginj-a, is hereby amended and reord,i,ed to read 11 as follows: 12 Section 5A.2. Applicability. 13 T-the 14 provisions of this section shall apply to public and private 15 parking lots designed for ten (10) or more spaces and shall 16 include display areas, @MMerG4@ 4-@ g@ parkinq 17 garages, @@@4e dumpsters, trash receptacles, and 18 loading docks that may be viewed from any public right-of-way. AS 19 conc scap uiremgn the _ ovisions o@t@ s 20 e 21 22 rdinance. A "parking lot" shall be defined as any area or 23 structure where motor vehicles are stored for the purpose of 24 temporary, daily, or overiiight off-street parking. A "display 25 area" shall be defined as an area generally considered accessible 26 to the public including auto/truck sales, leasing and rental lots, 27 recreational vehicle sales and rental lots, boat sales lots, 28 manufactured home sales lots, and trailer sales lots. A "loading 29 dock" shall be defined as a platformed space within the building 30 or that protrudes from the building for the standing, loading, or 31 unloading of trucks. 32 (a) Parking lots of ten (10) or more parking spaces shall 33 not be constructed until a landscape plan (see sections 5A.4 and 34 5A.5) of the parking lot has been approved by the administrator of 35 landscape services or his designees. 3 5 (b) Existing parking lots of ten (lo) or more spaces and 36 existing parking lots of less than ten (lo) spaces wh.ose 37 enlargement will increase it to ten (10) or more spaces shall not 38 be enlarged or reconstructed until a landscape plan of the parking 39 lot has been approved by the administrator of landscape services. 40 Landscaping shall be provided in the new parking area in 41 proportion to its enlargemerit or reconstruction, and not in 42 proportion to the total parking area for the site. 43 "Reconstruction" is defined as construction activity involving an 44 existing parking lot requiring a site plan which includes the 45 addition of asphalt or concrete for the purpose of facilitating 46 drainage and the addition of curbing and/or curb and gutter. 47 Patching, resurfacing, and restriping are considered Maintenance 48 activities and not reconstruction. The addition of islands in an 49 existing parking lot for the purpose of landscaping shall not 50 constitute reconstruction. 51 (c) Display areas shall not be constructed until a land,cape 52 plan (see sections 5A.4 and 5A.5) of the display area has been 53 approved by the administrator of landscape services. Display 54 areas shall be clearly indicated on the landscape plan (customer 55 and employee parking spaces should not be included in the 56 indicated area) . Existing display areas shall not be expanded 57 until a landscape plan has been approved by the administrator of 58 landscape services. Landscaping shall be provided in proportion 59 of the expansion, and not in proportion to the entire area for the 60 site. 61 (d) 62 63 G-m ci@ ot be constructed until a 64 foundation landscape plan (see section 5A.6) has been approved by 65 the administrator of I-andscape ' services. Existing commercial 66 buildings shall not be expanded until a foundation landscape plan 67 has been approved by the administrator of landscape services. 68 Landscaping shall be provided in proportion to the building's 2 69 expansion, and not in proportion to the entire building for the 70 site. 71 (e) Parking garages shall not be constructed until either a 72 street frontage landscape plan (see section 5A.5) or foundation 73 landscape plan (see section 5A.6), whichever is applicable, has 74 been approved by the administrator of landscape services. 75 (f) Dumpsters and/or trash receptacles shall not be placed 76 until a landscape plan (see section 5A.7) has been approved by the 77 administrator of landscape services. 78 (9) Loading docks shall not be constructed until a landscape 79 plan (see section 5A.7) has been approved by the administrator of 80 landscape services. 81 Adopted by the Council of the City of Virginia Beach, 82 Virginia on the day of 1991. 83 CA-4160 84 \ordin\proposed\46-005A2.pro 85 R-1 3 - 27 - Item IV-K.7. RESOLUTIONS ITEM # 34345 Upon motion by Counci lwoman Parker, seconded by Counci lwoman McClanan, City Council ADOPTED, AS AMENDED*: Resolution directing the Planning Commission to study and recommend to City Counci I re increase In off-street parking requirements for marinas. *The verbiage "should be Increased" on Llne 15 and Line 20 shall be removed. These words sha I I be rep I aced by the verb I age " i s adequate". The Planning Commlssion shall forward its recommendation to the City Counci I within 90 days of the date of the adoption of this Resolution. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 Requested by Councilmember Parker: 2 A RESOLUTION DIRECTING THE 3 PLANNING COMMISSION TO STUDY AND 4 GIVE ITS RECOMMENDATION TO THE 5 CITY COUNCIL AS TO WHETHER THE 6 OFF-STREET PARKING REQUIREMENT 7 FOR MARINAS IS ADEQUATE 8 WHEREAS, pursuant to paragraph number 23 of section 203(a) of the City 9 Zoning Ordinance, marinas are required to have at least one (1) parking space per boat 10 slip; and 11 WHEREAS, the City Council is concerned that the current parking space t2 requirement for marinas may not be sufficient; and 13 WHEREAS, the City Council desires that the Planning Commission examine 14 this matter and make recommendation to the City Council as to whether the parking 15 space requirement for marinas is adequate; 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA: 18 (1) That the Planning Commission is hereby directed to examine and 19 forward its recommendation to the City Council as to whether the off-street parking space 20 requirement for marinas is adequate; and 21 (2) That the Planning Commission shall forward its recommendation to 22 the City Council within ninety (90) days of the date of the adoption of this Resolution. 23 Adopted by the City Council of the City of Virginia Beach on the 23rd day 24 of April, 1991. 25 CA-91-4205 26 \ordin\noncode\marina2.res 27 R-2 - 28 - Item IV-L. CONSENT AGENDA ITEM # 34346 Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City Council APPROVED IN ONE 140TION Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 29 - Item IV-L.1 CONSENT AGENDA ITEM # 34347 Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City Council ADOPTED: Resolution authorizing the Mayor to execute and deliver a duplicate $100,000 Vlrginia Beach Sewer and Revenue Note, bearing 6% annual rate of Interest, to Edward S. Garcia, 3333 Virginia Beach Boulevard, Virginia Beach, Virginia. Note Number R-50 having been misplaced. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 A RESOLUTION TO AUTHORIZE 2 REPLACEMENT OF A LOST NOTE 3 WHEREAS, Mr. Edward S. Garcia of 3333 Virginia Beach 4 Boulevard, Virginia Beach, Virginia has affirmed that he is the 5 sole legal and beneficial owner of City of Virginia Beach, Virginia 6 Sewer and Water Revenue Note numbered R-50, in the amount of 7 $100,000, bearing 6% annual rate of interest, dated December 15, 8 1977, and maturing Dec. 15, 2002; 9 WHEREAS, Mr. Garcia has also affirmed that the said 10 security has been lost; 11 WHEREAS, Mr. Garcia has complied with all legal 12 provisions to effect replacement of said security by providing 13 appropriate affidavits and indemnities; and 14 WHEREAS, the State Council on Local Debt, formerly the 15 State Commission on Local Debt, has issued its approval for 16 issuance of the duplicate note; 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY is OF VIRGINIA BEACH, VIRGINIA that the Mayor is authorized to execute 19 and deliver to Mr. Edward S. Garcia of 3333 Virginia Beach 20 Boulevard, Virginia Beach, Virginia a duplicate of the lost note 21 in the amount of one Hundred Thousand Dollars ($100,000). 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 23 day of April 1991. CA-4122 RES\NONCODE\CA-4122 R4 APPR90ED AS,;OCONTEIITS SIGNATURE VA DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM -CITY ATTORNEY N 1) l@- Ni N ['Fy BOND Wii@i i LiNti-r@ i) LIABII,ITY DIRF@l),'S ON PIGF I KNOI;',V,L.4fF,-N BY 7yp@F PRI.-SFN7s, 7IL47, Edward S Garcia @(i a ffice at 3333 Virginia Beach Blvd., Virginia Beach, VA 23452 @siding or hating 's pn p I o as Pri@cipal (hmiaftT reiled a@d St. Paul Mercury Insurance Company a co@ration organi@,d and existi@g und- a@d b-y irtue of !A, laws of - Minnesota - a@d duly aufhonzed to transact tle busimeu of t@demnity and sutrr-Tshi@ in the @tate of Virpta and eacl, , and hating an offi(e and pin(ipal place of busine@ in t'i@nia at 4350 Fair Lakes Ct. Fairfax, VA 2 2 0 3 3 , as Suety (herrinafter railed "S.",y arr held and fimly bound unto of Vir and SOVRAN" B.6,NK, N. A., a national banking associati,),i, indi,idtiall, and/or as -['rustce, Dcposit.rv, Fiscal, fl@,lir,g or Disbursing Agenc, Registfar and/or -Fransfer Agenc, and unto anN otlier -1-rustees, Dcpositaries, Fiscal, Paving or Disbursing Agents or Agcncics. Registrars and/or Transfer Agents no, of hereafter vested , ith an,. p.,, ers or duties k, ith rcspect to thc sccuritv or scct@rities hefcinafter mcntioned, their rcspcccive legal reprcsciilati%cs, successors and assigns (hcreinaftcr colicctively callcd @Obligccs-), in chc sum of One 14.ndrpd @@'i nn/InO ------ D,,Ilars ($ 100,000-00 ), 1.@ful monev of thc United States of America [o be p3id to Obligees, their respccti@e legal rcl)rcsentati,ci, successors or assigns, as intcfese rnav apl)ear; for hicii pavfflen[ wcll and irulv to be madc Principal 2nd Surct,l bind thernselves. their respccti@c legal reprcscntacivcs, success()rs and assigns, jointiv and sevcrally, firmiv bv Ehese prcsents. ,@F-41,FD with our seals and extc.ted in 1 eo,@tepa,is as of tAe 18th day Of /9 90 WHFRL,IS, Principal and Suretv repre etit to the Obli2ces tt at Principal is the u Beacti Sewer and l@,000.00 dated of Water Revenue Note No. R-50 in the amount o@' $10 Va Dnd ding on 10/24/77,the second an 7 , pkir@ he Cit of al of wh called s/ha,e been MiSl3id, IOS[, stolen or dcstro,ed and cannot bc found or produccd, b,. irttie -f ,hich Ilrincil)al and Surcrv ha,c recluested Obligces to isstic and deli,er to f'rincil,al or to 1'rincipal's order a ne, (,r duplic@te inSLfL@I]ICII( OF i,isirunicnts (hcreinafter soniceimes called @duplica(e- or "duplicaics-), or to pay to Principal or credit to Principal's accourit the aniount dt)e on said original or original5 "ithout surrender or prescniation thcreof for cancellation or siamping or for ativ oilicr purpose: and "@HF-R@S, on clic faith of the forcgoing rcpresentations and in consideration of this bond of indcmnitv, Obligees liavc complied or havc agrecd to comply with said rcqucsts; NOW, THEREFORE, THE CONDLTIONS OF TIIIS 081@IG,4770,,V,4RI-,, tiiat if 1'rincipal and Surctv, the hcirs, lcgal representativcs, successors or assigns of Principal and Suretv or anv of theni, shall in case ihe original or originals bc found or come into the hands, cusiod%l or pouer of anv of them, or into the hands, custod% or pocr of any pcrson, deliver or cause the sarne to be delivcred unto Obligecs in ordcr to be cancellcd, and shall also at all tiriies dcfetid, iiidcninif)- and sa@e harniless Obligccs from and against any and all claims, actions and suits, @hethcr groundless or othenk ise. and froryi and against anv and all liabilities, losses, daniagcs, costs, chargcs, counsel fees and other expenses of cverv naturc and character bv rcason of thc original or origina]S 2nd/or the issuance of a duplicatc or duplicates in lieu thereof or in licu of any i'nstruinciit or instrunients of purported like issuc and amount which bccausc of aitcration, chai,ge or coun@,crfeir ni.v not be idertif-,.ed as Lr as not the @id milai(J, losi, stolen or destrovcd original or originals, or thc making of anv pan.ment, credit, transfer, registration, con@crsion, exchangc oi dcli,.,en. in respect of the original or originals ithotit surrendcr thcreof and/or in respect of duplicate or duplicaics, whelher or not causcd b),, based upon or arising out of the honoring or refusing to honor the original or originals %hcn prescnted b%. anvone, andfor %, lic[lier or iiot caused bN,, based upon, or arising out of inadvertence, accident, ovcrsiglit or neglect on the part of Obligees, or aii,@ of clieni, or thcif rcspcctive officers, agents, cicrks or, cfnplovees andlor omission or failure to inquire into, contest or litigate tlie righi of anN. applicarit to receivc ariv pavmcnt, credit, transfcr, regi'stration, conversion, excliange, issue or dclivm in respect of the ori@inal )r originals arid/or titc dui)licate or duplicates issucd in lieu thcfcof, and/or caused bv, bascd upon or arisiiig our of thc rclease of an, security or the satisfaction of any instrurnent or inscruments under Nvflich thc original or originals and/or duplica[c or dul)licates arc issued or sccurcd, and/or caused bv, based upon or arisilig out of anv oilier matter or thing "hatsoc,er, then this Obligations sliall be void; othcr,,isc shall remain in full force and cffcct. Princil)ai and Suretv furthcr joiiitlv and se-,,craltv agrcc thai if the niislaid, lost stolcn or destrovcd original or origilials be found I..@ll I "' , ". ",@ J-@, @", ", I ill ti@C .,E,,,J, , 1.11cr of ti@c Obl, @,r ar" of Elicni f., a,,, P;-Irpose other than cancciliti,)n "iii, reissuc, 1'riticii)al ii l Surct@ %ill f,)rth,ith ... dc@@,,d obtairi lcli,er t(, tile .oi)ligee ., cithcr such origi,ial or origi.als or sL d@plicdtc or , )r ill pa, (o Ehc Obligccs a sutii of "ion, 'Ufficient to cnat,le the Obligc@ to purchasc in ttic opcti markci sccuritics of tlic sa ... c issuc and ainount as the ,riginal or origirlals ,)nstituting g( ... d dclivcrv undef tiic rulcs of the Nc, )@ork Stock Exclialigc. Surct v, furthcrmore, incorisidcration of its acccl,(ance bN thc Obligccs as a satisfactorv sufetv @lefcoll, licic!,% r,i,(,,,,Ces jil ights ,%tiicli it niav lia@e uridcr tile st3tilte la,, @)f [tic C,)Illillon la%% of tlic State of Virginia. or of anv otherjurisdictioii, to tlic Obligecs. ulion inN. brcacli @)f this bon,], to nidkc ati, dei,iiii,i @r Eakc arin@ acti(,n against tlic 1'riiicilial bcfore t@ik,iig @cti,,,, again.%t Sk,ret,, and hereb, c,)tisci)Ls t,) bcc ... l@e, f(,rtli,,itil t,l ... 11 @l@cli [)Fca,h. iridi,iduall@. liablc to ilic Obligce%, and t,) ... 1, f ilieiii, for thc full aniouiit of ihis bond, kith(,ut iiotice )f sucii [)r-,h. an(i altliough n@, det@iand si,all have been iiade al,d o acti,,I) tak@,@ agsinst tlie Principal: and Sk,ret, furthcr c(,nsents tilj( its liat,ilit% licreunder sliall be absolute regardless of aji% ii(,ii-cxistcnce ofliabilit, of thc Principal licre,,iider, ,ficliler sucti n,)ii-existc,ice )f be b, reason of anv irrcgular or unatitlic,ri,e,j eXecLition of, or failt,r@ to exccute, tliis bond, @f anv absence of inlcrest of pri,,,ipal i,) (lie sk@bjec( Tiiatter liereof, or other-isc. 1'ri,icil,al and St,rct, furili@, agree th.t, ir. c.sc f a,iv d@fault ..der tl,c c,),,diti(,ns f Llii, b,)nd. llrit,cil,al and Surctv .i,c a,id release iii, and all riglit or (laini against Obligccs, or anv )f clieri@, ,Iietficr b,, ,a, (,f st@brog@ii.,, or oibcr,kic, for an,. loss, expciisc or liabilie, incurred bN, 1'rincil,al and/or Surct) caused b@, based upon, or .,ising otj[ )f tlic e,,f,)rceiiicilt of tfiis bond by the Obligees or bv afi, of theni. No inaccurac, ;n Elic description of ttic securities li,@ein referred to as origit)al (,r origitials stiall alter. tnodin- or affect otlic obligation of PrincipaI afid Suretv hereunder. This bond shall be d".,cd t,) [,e i %'i,gii)i. (,n(r;ict 3ii,i I,all I,e go,,eined @, to .11 r@).ttcrs %hts(,e,cr. )f Nalidir,. pi cutio,i, (,bligati(),,, ther." ise, cxcl,@si@ el,. b, itic la, s of ihc Statc of Virgi,iia, and all (ii.estioii, ari5iiig , ith resi@@c( si,all 1)@ ii, ,itt, "'(1, lzeg,,,Iless )f Iicre actuall, deli,cred, tliis bo@d sli@ll I)c deciii@d to lia,e been acceptcd bv the Obligees in tl)c State of \ irginia, 'I'Iiis t)(,iid sliall bc dcemcd a continuing obligatiorl i,@d sticcessi@c recoveries maN- be liad hereunder fr,)m tinic to time as ttle Ot)ligccs or anN, of theni bcconic cntitied Ehercto in accordance ith the terms hereof. And [,rincipal fiereb@. further agrees to forr,isli Obligees. ,itlioiit all'. expensc to Obligces, a iie" [3ond of l,ideriinitv, "Ilich ni,,], differ fr(,@ this B(,nd i,@ anio.,,t or i. )thcr r@pcct, ,ith stifact;,r,. @t,,etv (,r surcties in case ciiis ot,ligati,,. Silotild not at aii, timc for anv reason in thc o[,inion of tfic Obligee.% affor(i sufficierit 1)rotection. Individual I)art,lcrship B, Corpor.ition St. Paul Mercurv Irisurance Goiiir)ativ (Seal of .AL a@. E. W'llc'lt t@to n, a@, SI,17@_- OF CITY ss. V G On ths 19 0 befe,,r me petto@ally app,,i,@,,l to me known and known fo 7ii,- to be ihe p,,,,,), des,tyl,eel in aqd Lho eref@led th,- fi,,,g(,sng ,istiwiicni, @;ni h,- to m, that /w @cited f,'w same. cobli%7)' O/.' /,ii, of 19 befj,@, ,, p(,r3onafly Jppea,rl of lo n,, I-,own ],,y t,) mr to bf j member of thf fim of des,i7bed in and wlhih eveit@(I the attY h,, th,,-etp,)n a,know,l,,tlged to mt that he fff(ated ih,, ame is andfor the J,t and ,ieed of saidji"ii. .@d I, I@, ...... t Cl@,k , S@7k, Oh Is O@ this eld.v o.f in the vear 19 bf,,m me pet3onall), appeifel fo Pi,, kioa,@,,u@ho biiqg bi, tit,, wo"i, iid Iep,)se aid.wiv: that he "Sides at that h,. is a Prrsident of the copot-ation de-@, ribed in anl &,,h,, h "P, ut,,(] fhe ibAe instrwment, that he knows the seal of said eoporation; that the seal affixed to said i,i.@imment is su, h , o,pu,are seal: thit it @as so affi-,ed b i, orde,t of the, board of rfiffctors of said corporation; and thit he signed his namt fhe"to bi, lik,, ,relr. .. . ...... .. S'I-.47,&-' OF Virginia C ITY ss a(AK.AyR, ob, --Vi?: 0. thii 18th dj.v o.f July 19 90 before me personally appejtrd James B. Carver t(, m,, k,ow,,t, c,,,ho. be,,,g by me Iuli did II)os, ai@Y vii,. that h,, irsicies at Chesa eake i i-a that h,, ts a Attorney-in-Fact @fSt. Paul Mercury Insurance Company ih, (,rp,tati,,n. desfib,,,Iiti jnda,,hih thithekn,)wsthe,-oporatesealofsaidorp,,ration: thifthesealaffiyed to @@aiel 1.@ s,(h fhit it r,,,js ,@, jfri%el bi, of ihe Board qf Directors that he iignelhis t,,im,, th,,ret,, b-i- /,I,, ,ndihat ibi@ liabilities of.,ad,-orporation do not nreedits assets as asceriattiei i@ th@ a,,,,r P-t,id,,ei bi@ Ijw-. .I,d th,, .@,jid Arlene F. Fee -fl,lh,-, @,jt,/ thit A, @,th James-.-B.-Carver lit,,/ l-,,,w,s hin fu be a Attorney-in-Fact ,f siiil Up,falion; that th,- f James B. Carver subs,,ibeel to -@ail iii-,ttvmt,nt ii iii th,, g,@nt,,,,, 0.1 James B. Carver and w-,is iheret,, s,bsctil,,,ti b), the oiei,-r of siil Boa,(l of Directors of the St. Paul Mercury Insurance Company ,jt;d ii the pres,,ii,r qi hitil th,, aio' ___@r @ene _F. Fee (.@eal) . ... ..... December 26 1992 Sl'. PAU], MERCURV INSURAN(.E COMPANV (@ERTIFI(@NT E OF 385 Washiitgtopi Sir c c t, St. Paul, Minneso(a 55102 AUlllORI'IV NO. F., @@ti",@ti,ity f thi, P..,, f Ati.,n,y, Y-1@ -.Y t.11 f,. 1-8(@328-2189..d k f(,, ti@@ P.wl, of Att.,.,y Cl@,k. PI.,@ ,f,, 1. ti,, C,rlifi.t, @f A,,th@,ity N.. ..d ti,@ na..@d i@,di@idu.i(s), 0166701. GENERAL POWER OF AT'I'ORNEY - CERTIFIED COPY (Original oii File at Home Office of Compaiiy. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. P.,,l M@r@.,y l.sur.@@,, C..p.,,y, . @orpo,ati.. o,ga.i@ed a.d e.isti.g u,id,r the 1.@ f tl,e Stat, f Mi..@.ta, ha,i.g it@ p,i.cipal offic@ i. th@ City of St, P.@,l, d,,@, h,,eby co@,tit.te and appoint: W. K. HaMnaker, Robert L. Byrd, Kevin J. Molloy, F. K. HaMTeker, JaTnes B. Carver, Dawn E. Willett, individually, Virginia Beach, Virginia it, t,,,@..d la@f.1 att.",@y(@)-i.-f,,,t I@liv,, f@, ..d it, b@half a@,,@,@ty, ..y ..,d .11 b.@,d,, a@d @,,d@,(aki@,g,, f i.d@.nity nd otl@@, @,iting@ bligat.,y i. th@ tb@,,.f, @t,ich a,, .,.@@y b@ .11.@@d, @q.i,,d o, p@,.itt,d by 1.@, NC)T TO EXCEED IN PENALTY THE SLM OF FIVE MILLION ($5,000,000) EACH ..,d il,@ @@,c.ti.. f .11 i. p ...... @, f 'I,all b, .., bi.di.@g p.,, ,aid S[. P..l Me,..,y C!@,.p..y, a,, f.ily and a.ply, 1. .11 i.t@.B ..d p.,po..,, a@ if th@ @a.@ I,.d b@,. d.ly ..,d .@k.o-t@dg@d by it, @g.la,ly @l@t@d offi@@,@ t it., p,i,,,il,al ffic@. Ti,i@ Po@@, f Atio,.@y i,, @@@@.ted, a,,d .@.y b@ @@,(ifi,d t. a@d .,.y b, ,,.k@d, p.,,.ant t. a.d by a@tl,o,ity f A,tid, lil,-S,@ti,)n 5 (C), f tl,@ By-L,.@, adopl@d by th, B.a,d f Di,@@t.,, f ST. PAUI, MERCURY INSURANCE COMPANY at a .@ting called and beld n tt,@ 3,d day of A.g@@t, 1966, F@hi@h the foll..ing i@ a t,.@ f,an@@,ipt f said S"ti.n 5 (C): "I@h@ P,@id@,@t o, a.y Vic@ P,@,id@.t, A.,@i,ta.1 Vi@, P ... id@.t, S@c,@t.,y ., R@.,id@@t S,c,@ta,y h.11 ha@, p.@,, ..d a.tl,,),ity (1) To pp.int @.,d 1. ti,@... 1. .. b,l@.If f ti,@ C,).p.ny, a.d t(.ch ti,@ S@.1 .1 ti:@ Co,@pa,,y b..d, nd ..d@,taking,, @,.g.i@a.c., .,,t,.ct, f i.d@t@,.,ity a.d th@, @,iti.g@ blig@t.,y i,, th@ ..t.,e . ,] (2) To appoi.t @p"ial Att.,.@y,,-in-fa,t, h. a,@ h"@by @.th@,i@@d t. c@,tify t. @opi,@ of any p.@@,of-alto,.@y i,,.,d i. p.,.,.a@c@ of tl,i, s@cti.n a.d/o, ny of th, By-L.@, of ti,@ C..P@,@y, @@d (3) T. t a.y ti.@, ..y @,,@h A(to'.@y-i.,-f.@l 0, Sp"i.1 Att.,n@y-i. f.@t nd ,@.ke tl,@ a.th.,ity gi@@. l,i.." F@,the,, this P.@e, of Att.,ney i@ sig.@d a.d @al@d by fa@,imil, p.,@,.a.t t. f th@ B.a,d of Di,@cto,@ f said Co.,p.ny d.pt@d at a d,.Iy c.11@d a.d hld .,, th@ 12th day f D@e.b,,, 1967, f @l,id, the f.it.@i.g i,, I t".@ @c@,pt: "N.@ th@,cf.@@ th, @ig.at.,e, f @.@h offi@@,s a@d th@ ,al f thc C.,,@pany ay b, ffi@ed t. a.y @.ch p..@, f att.,.@y ., ..y ,Iali,,g the,@t. by fa@,,i.il@, a.d any s.ch P.@,, f a(t.,.@y ., @@,lificat@ b@.,i.g @.@h fa@@i.,i]@ ig.at.,o ., fac@i,.il@ @@al hall be @.lid .d bindi,,m p.. th, C..pa.y a@,d ..y @.@h p.@e, @o e.@c.ted nd @,,Iifi@d by fac@i.il@.,ig.at.,e@ a,@d fc@i.il@ @,al @l,all b@ @alid a.d hi.di.@g @po@ tl,e C..@a.y i. th, f.t.,c ith .pe@t to a.y bo.d o, ..de,taking t. @hi@h ii i@ attaci,@d." IN TESTIMONY WHEREOI@, St. Pa.1 Me,@l,y C..pany ha@ ca.@@d thi@ to b@ ig,@@d a.d its @.,po,al, @cal to be affi.ed by it., ..Ih.,i@ed ffic,,, (hi,, I.,, day f Ma,cl,, A.D. 1984. S'F. PAUL MERCURY INSURANCE COMPANY STA:RE OF MINNESOTAIf C..,@ty f Ra..y P,e,id,nt On il,i@ llth day f July 19 89 befo,@ @a.@ the indi@id@al I,. e@@.ted the n,@cedi.g i@,,t ...... t, to .@ p@,@o.ally k..@., a.d, b@ing by .@ d.ly @w.,., @a@d th.t h@/@h, i,, th, th@,@i. d@.,@,ib,d a.d a.th.,i@@d office, f St. P..l M@,@.,y C..pa.y; th.t th@ @.1 affi.@d t. @aid i@ li@@ C.,p.,at@ S,al f .id Co.p..y; tl,al th, @.id C.,p.,.t, S@al @.d his/he, ignat.,, e,, d.ly affi@@d by ide, f th, B..,d f Di,,@to,@ of said C..pa.y. IN TESTIMONY WHEREOR, I ha@, h@,@..t. @t y ha@d a,,d affi.@d y Offi@ial Seal, at th, @ity f St. Pa.1, tl,e day a.d y@a, fi,@t ab.,@ MARY C. STEMPER, NU.,y ll,,bli,, R,,@,,,,y C..nly, NIN MyC .... ... No@@.be, 1, 1990 CERTIFICNI'ION f S(. M@,@.,v I C..p..)@ d,, h .. by c,,Iify tl,.t I @..pa,ed 11,@ f.,,goi,@g @.py of tl@, il.@,, f Atto,,@ey nd affid., py f the S@cti.. of th@ By-@,@., f.,aid C..p..y ., @t f.,tl, i. s@id Po@,, @f Att.,,,,Y, @ith ti,, ORI(;INAI,S ON FII,E IN TIIE IIOME OFFICP, OF SAII) COMPANY, .,@d tl,.[ th@ a.@, .,, @o ... @ t,a.s@,ipt, th,,@.f, a,,d f th, ,ho], of ti,@@.id .,igi.al@, ,,,d th.t [l,, ai,l P..C, f A(lo, n@y I,., ..t b,@. ,,.k,d and is no@ i. f.11 f@,@@ .,,d ff,et. IN 'I'ESTIMONY WHEREOF, I @t n@y h.@,d thil 18th d.y of UIY --, 19 90 S,@,,ta,y ... i.g ti,@ C,,Eifi,@le f A,@il@ ... ity N.. p,i.t@d i,@ ,d .. ti,, pp@, ight o.... i., bi.di,@g. Pl@.to@.pies, @a,b.. c@pi@, o, th@, of thi, d....c,,t .,@ i.,alid .,,d ..t bi@di.g @,p... th@ Co.p..y. ANV MNSTRUMENT ISSUED IN EXCF,'SS OF THE PENALTV AMOUNI S]rATt,D ABOVE IS 'FOTALLY VOID AND WITHOU] ANY VAI,ll)IIFY. 31801 R.@. 8-88 P,i@t.d i@ U.S@A. VIDUAL AFFIDAVrr IN STATE Op.._-,Xl6RQIL@4 ------ - ------ - ------- Co OF ... yllq.1@IA_BFACH ........................ ......... .. ........ Garcia . ................. ............. . .. ................. ..... is an adult and resides at ------------- - - ----------- 2. @g duly sworn, deposes and says; thaL.---.@ ....... @@ I if Dot SD AdUI4 st- p@ &p) 23451 n Bach, virginia .................. . . ..... ia 3. . ....... ................... cull described as follows: -d benefical owner of certain sectirities more rlY 4. and is the sole le D@ MtL t f $100,000-00 (if the @ty is a No. R' 5. ..... M;LT.& al date 6. a payatle ece er 8. .......... .... ....... ............... ........... . ..... . .. . ...................... .. . .... ...... ..................... .ia Beach' e al i n .......... . .......... ..... .@y .. pomin o Bank..(f erl@ "Bank of Virgi Tb.at ..... @@. bond @was ..... ............... . .. _._ 9. ................... ..d". or do@ of tbt @tie md @h.1 (@be in dctlil @ @uncn to ffic @ty. ,g.n ho b- -de tD IOC-TC @ O!, .f by - -f tbe @ g i& tD i. in Beach) inst tion h Id col ater -.@K@k ....... -. ._Ea@._p.14Kchased 10 . ...... .......... .... ... 2.-.L Ag..ins.ti tion went the .... tu ................. ..p Kchasi ...... .... -- ----------- - ------- ---- ------------------ - ------------ 12. ............... 13 . ....................................... 1-11, ............................... - ------------------------------- i4. That the said secLLrici fmm n d.:d. mm md oi (@ not end if @:d. er of a.@t in am@ if no us- a Beach '-X o ,5. The it has @s- The 16. fy C. ciain to r on c 17. ..rnu 1& ............ . .................................. SeCLLricies nor the rights of the deponcat in the said @ities havc, iD 19. Thar neither the said @ted, pledged or otherwise disposcd 20. whole or in p@ be- -1d, assigned, transferred, hypoth. there been given to any person or 21. of, or any interest therein in -y ma-er wh2tsoever, nor bw kind or aaaae whatsoever to Lca- persons any power of actomey, order or oth- authority of any 22. .a Ehereof.* 23. fer the said securities or any part or PO-() of virginia..Ag@lit .. theouph its .S;L@y ............... --,maasurer, 24. affidivic is made for the purpose of inducing ..!Ih@ n d securicies to or upon the order of any 25. to refuse to @f- or -cha ge or e payment 00 Sm the undersizned who have pr-eneed or may pr&@t said securities 26. person or persons other @n any such t@ 27. for tmnsfer, exchange, or payment, and Ebe undersigned hereby agrees that, in CM 2s. fer, exchange or payment is refused or delayed, Ehe undersigned wW, in consideraeion chereof, 29. forever and fLLUy indemnify and save @- xim the @d.P;Lty-.gf..Mlr&:L]Lia 3o. ..@t@s@..@@.its..Treasurer ..................... .......... from any and 2.U lo@ @iuty and d-m2ge to which they or them may be subjecce 31. dther o d by reason thereof. 32. it is understood that' the word "securities" mentioned herein shau me= one or more 33. one particular iwaument or docLLment aS above desaibecl and swoxn to *except as re ed ion Bank E ar em) Of the Nom @ be l@37 (NOTE: A COUNTY CLERK'S CERTIFICATE, OR AN EQUILAVENT AUTHENTICATION, NIUST BE EXECUTED AND ATTACHED.) COMMONWEALTH of VIRGINIA EDDIE N. MOORE, JR. Department of the Treasury P. 0. BOX 6-H TREASURER OFVIRGINIA RICHMOND,VIRGlNIA23215 (ON) 225-2142 April 1, 1991 Nianza E. Wallace II Assistant City Attorney IDEP-T,,OF- L.AVY City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456-9004 RE: Lost Note for Bond Number R-50 in the amount of $100,000.00 in the name of Edward S. Garcia Dear Mr. Wallace: Attached is the resolution of the State Council on Local Debt authorizing the replacement of the City of Virginia Beach 1977 Water and Sewer Revenue Bond Number R-50 in the amount of $100,000.00 in the name of Edward S. Garcia. Thank you for your assistance in answering the questions of the Council concerning the adoption of this resolution. Sincerely, Kristin Reiter, Assistant Direr-tor of Accounting Attachment A RESOLUTION TO AUTHORIZE REPLACEMENT OF A LOST NOTE WHEREAS, Mr. Edward S. Garcia of 3333 Virginia Beach Boulevard, Virginia Beach, Virginia has affirmed that he is the sole legal and beneficial owner of City of Virginia Beach, Virginia Sewer and Water Revenue Note numbered R-50, (the "Note"), in the amount of $100,000, bearing 6% annual rate of interest, dated December 15, 1977, and maturing Dec. 15, 2002; WHEREAS, Mr. Garcia has also affirmed that the Note has been lost by Dominion Bank; WHEREAS, Mr. Garcia has complied with all legal provisions to effect replacement payment of said security by providing appropriate affidavits and indemnities; WHEREAS, the Note indenture requires the approval of the State Coinmission on Local Debt in order to issue a duplicate note; and WHEREAS, the State Comr.,tission on Local Debt was contiriued as the State Council on Local Debt by Chapter 448 of the 1985 ACTS OF ASSEMBLY; NOW, THEREFORE, BE IT RESOLVED BY THE STATE COUNCIL ON LOCAL DEBT: The Mayor of the City of Virginia Beach, Virginia, is hereby authorized to issue and deliver to Mr. Edward S. Garcia of 3333 Virginia Beach Boulevard, virginia Beach, Virginia, a duplicate of the lost Note in the amount of One Hundred Thousand Dollars ($100,000). thirteenth day of March, 1991. Chairman, State Courcil on Lo/al Deb@ CA-4122 - 30 - Item IV-L.2 CONSENT AGF.NDA ITFM # 34348 Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City Council ADOPTED: Resolution directing the Director of Finance to authorize Crestar Bank to make payment of $1,250 interest due on lost coupons (all Number 26) from Bond Numbers 3103-3109 (inclusive), 3137, 3138 and 3143 to the Bank of Northumberland, Heathsville, Virginia, in its representative or fiduciary capacity for the owner, Earl W. Stephens, re General Obligation Public Improvement Bonds, Series 1977.* Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf *Reference is made to City Attorney's correspondence of September 3, 1991, with attached AMENDED Affidavit of Loss and Surety Bond and letter of August 14, 1991, from Giles G. Dodd, Director of Finance, correcting error in the Resolution. 1 A RESOLUTION TO AUTHORIZE 2 REPLACEMENT OF A LOST BOND 3 WHEREAS, L. Edelyn Dawson, Jr., Senior Vice President of 4 the Bank of Northumberland, Heathsville, Virginia, has affirmed 5 that Earl W. Stephens, customer of the Bank of Northumberland, is 6 the sole legal and beneficial owner, and that the Bank of 7 Northumberland is acting in a representative capacity or fiduciary 8 capacity for the owner of ten coupons all numbered 26 and dated 9 December 1990, from bonds numbered 3103-3109 (inclusive), 3137, 10 3138 and 3143, of City of Virginia Beach, Virginia 5% General 11 obligation Public Improvement Bonds, Series of 1977, at $5,000 12 denomination, bearing 5% annual rate of interest, said bonds dated 13 May 15, 1987, and maturing May 1, 1991; 14 WHEREAS, Mr. Dawson has also affirmed that the coupons 15 from said securities have been lost or misplaced in the mail; and 16 WHEREAS, Mr. Dawson has conplied with all legal 17 provisions to effect replacement payment of said security by 18 providing appropriate affidavits and indemnities. 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is 21 directed to authorize Crestar Bank, Paying Agent on said bond 22 issue, to make payment to Bank of Northumberland, Heathsville, 23 Virginia, in its representative or fiduciary capacity for the 24 owner, Earl W. Stephens, the amount of one Thousand Two Hundred 25 Fifty Dollars, representing the interest due on the said coupons. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 23 day of April 1 1991. APPRC ITS SIGNATVRE CA-91-4146 RES\NONCODE\CA-4146.RES R3 AF,P.ROVED AS TO LEGAL LESLIE L L LLEY MUN CIPAL CENTER C 11 ATTN..EY I RGIN A BEACH VI 23@56 900@ (804) 421 4531 FAX (80@) 426 5681 In Reply Ref.r To O.r FiL. No. CA-4146 & CA-4337 September 3, 1991 Ruth Hodges Smith, CMC/AME municipal Center Virginia Beach, VA 23456 Re: Bank of Northumberland Earl W. Stephens Dear Mrs. Smith: It has been brought to my attention that a resolution adopted by council on April 23, 1991 (R91-01961), With respect to the payment of interest on bond coupons for the above-referenced parties, contained certain errors which do not permit a full and complete identification of the bonds referenced therein. Specifically, the resolution listed the bonds upon which interest was due as dated May 15, 1977, and maturing May 1, 1991, lines 12 and 13 of the referenced resolution, when the bonds should have been listed as dated December 1977, and maturing October 1997. It is my opinion that the Council resolution of April 23, 1991, sets forth the intent of Council to make payment for certain lost coupons of Earl W. Stephens held by the Bank of Northumberland. In that regard, I am requesting that you append the attached amended Affidavit of Loss and Surety Bond to the minutes of the Council meeting of April 23, 1991, thus correcting the referenced error. Since these errors in description have been duly corrected without harm or liability exposure to the City, see attached letter dated August 14, 1991, from Director of Finance, Giles G. Dodd, and since the errors do not affect the intent of the City Council to permit the payment of interest on the lost coupons, it is my opinion that Council's intent can be carried out without Ruth Hodges smith -2- September 3, 1991 further Council action. If you have any questions with respect to this matter, please do not hesitate to contact me. Very truly yours, LLL/NEW/klp Enclosures: Resolution R-91-01961 Letter of 8/14/91 from Giles G. Dodd to Les Lilley Corrected Affidavit of Loss Corrected Fidelity and Deposit Bond cc: Giles G. Dodd @o@ @.S. 1. Cit@c:)f Nrir-wi@iek INTER-OFFICE CORRESPONVENCE August 14, 1991 DEPT. OF LAVR TO: Les Lilley, City Attorney FROM: Giles G. Dodd, Assistant City Manager for Internal services SUBJECT: Bank of Northumberland, Lost Bond Coupons As you are aware, on April 23, 1991 Council adopted a resolution authorizing the payment of $1,250 to the Bank of Northumberland for certain lost coupons. The resolution contained a description of the lost coupons based upon descriptions in an Affidavit and Surety Bond provided to your office by the referenced bank. Those descriptions were subsequently determined to be insufficient in detail. The Bank was advised of the insufficiency, and before any action to authorize payment for the lost coupons was taken a corrected Affidavit and Surety Bond were obtained which will protect the city's interests. Based on the intent of Council's resolution to authorize payment for lost coupons, we have instructed Crestar Bank, the city's paying agent on the bond issue in question, to make the appropriate payment to the Bank of Northumberland. Neither a duplicate payment by the paying agent for the lost coupons nor other form of loss to the city should result from this action. Because the already adopted resolution contained incorrect information, the record should be corrected to reflect Council's intent. We respectfully request that the necessary corrections to the record be made so that payment for the lost coupons is properly authorized. For your use, I have attached copies of the corrected Affidavit of Loss and Surety Bond. Giles G. Do GGD/lgs/B2 Enclosures AFFIDAVIT OF LOSS STATE OF VIRGINIA )ss. CITY/COUNTY OF Northiimberland lbe t@nctersigiie(i (liereinifter called "])cpoiienl"), being dt@ly sworn, cleposes aiid says that: (1) I)Cpollclll is all adiiii wliose ni,,Iiling i(i(lress is BANK OF NORTT]LIMBERLAND, INC. P.O. Box 9 Ileatl)sville, VA 22473 iiiid is tlie on@iier c)f or is ac(ing iii @i representative or fidtici@iry cipici(y with respect lo certain securities ((Iescril)e lype of sectil'ily, idciilific,,Ilion ilililll)Cr, and ii,iiiiber of sliares or fice v,,Iltle): Cotipons all ntimbered 26 and iiiaturing October 1, 1990 from 1977 Public Iniprovenient Bond certificates ntinibered 3103 throtigh 3109, incl(isive, 3137, 3138, and 3143 dat Deceniber 1, 1977 and matijring October 1, 1997. cc?y issil )y City of Virginia Beach (hcreiii,ifter cillc(l ilic "Issuiilg (-orporitioil") aild regislereci in ilic iiinic of-. Rearer Coupons (2) Depoiient furiber says tliat the aforcs@iid securi(y or securilics (hereiiiafter called the "Original", wliethcr oiic or niore) have bceii lost, sloten, dcstroyecl or niispliccd under ihe following circumstances: On October 2, 1990, the coupons were incltided with a fo@eign check@letter s@nt to Crestar Bank by private cc)urier. The coupons were lost at Crestar Bank; but because they were not sent by certified niail, the loss was considered the responsibility of the Bank of Northumberland. (was) (3) 'lliat said Originil (wis not) enclorsecl. (If endorsed, describe form of endorseiiient and stitc whellier signal.re wis g,liranteed.) None (4) I)eponent has made ()r causcd to be niade diligent se,,irch for Original, and has been unable to 1-iiid or reco@er saine, and th-,it Deponent was (he unconditioiial owner of Original at the time of loss, and is entitied to ille full "in(i exclilsive pc)sse&sioii thereof', [hit jiei(her the Original not the rights of T)epoiient therein have, iii whole or iii part, been assigiiecl, traiisferred, hypothecated, pledged or othcrwise disposed of, in any maiiner whatsoever, and that no person, firiii or corrx)ration other [han I)erx)iient h@is any rigiii, tille, ciiini, e(ltjily or iiiierest ill, to, or respecting Origin;il or the pr,@ceds liicrc,)F, cxcept as may @ set forih ill Stitenient (5) follo@iiig. (5) (if I)Cpollcll(,s ii)tcrcst iii the Original is in a rcpresciii@itive or fidtici;try capqcily, indicate tviow [lie (lesigiiiition ()f s,icii cipacity, i.c., Adiiiinisiraior, 1-@ccii[or, efc., Ind tile lille of llic estate, as follovs): I)cl)oiicni is Bank of flic cs(ale of (Spccify n,,tiiics of iny (iffier l@rsoiis hi,,iiig qn iiiierest in tfic Origitill. ].is[ theni below Ind indicilc ihe iiiil,,re (if ilicir iiiierest, st,cii fis ficir, ieg@itee, etc.) NAME Earl W. S@,epliens - Ctistomer Owner (1--.acli licir, lcga(ec, c[c., liiving ail iiitcrest iii flic Origiiiil mtist execuic Agreenient of Iii(leninity, l@hil)it "C"). (6) 1)(p)iient iiiikes this affi(],,ivit for ilic purl)ose of rcclticsfiiig aii(i iiidliciilg the Isstiiiig C,'or[X)ratioil @ilid iis igeiiis to issue iiew seckirilles in stibstitution rt)r ille origiiiiil Ill(l S(Nil)oird Stirely (7oiiip@-ttiy to asstjiiie liabilily in respect ilicreof i,iicter its ln(iciiinity Bond. (7) Depoiiciii agrecs iliit if said Oiigiti@if sliotil(I cver cotile into I)cponeni's hands, cusic)dy or power, I)cpoiiciii will ininiediiiely atid withotit coiisideration surrciiclcr Originil to ISSLling Corporation, its (rar)sfer agents, subscril)lioii @igents, ti,ustecs or Scaboird Sure(y Conipany for Fpnccllilion. c (8) Signed, se,,ile(I and dated: Sworii lo iiiid suliscrit)c(l beforo iiie illis 19 q diy t)f -Ii BANK 0 191/. _BY -@ L. Edelyn Dawson, Jr Senior Vice President (ikffix Notarial Seal) My Coniniissic)ii expires: @@-,31-93 Swoi,n to incl st@I)scribed before iiie ihi.s diy of 19 Sign@iture of I)cpoiieiit NO-['A ZY 111313f,[C (Aff-ix Not,,lri;il Segi) lvfy Cc)iiiiiiissioii exl)ircs: Fidelity and Deposit Company tio@l(P, ort i(@f. 01-- MAlt)'I,ANI) li@11,Tl,%IORF.', Aft). 21207 Bond for Seenrities loss or I)estroyed KNOW Al,l, MF.N IIY'rlll,-,S@: PRESENTS: Tliat .......... ... T3anl@ of Nort-.htiml@.ri and, Ileitlisvi.1 I.e, Vi .MI-llja ................ .................. .................... ........ I............ ................ ............ ............... .......................................... ........ I............. ............................ .................... ................... (liereiii,ifier I)riiiripii), as 1'riii(@ipal, an,] tlic Fii)i:i.i l'Y ANI) I)P@llost'r CONII'ANY O@'MAI(YT,ANI) (liereiriafter S@ii-ety), as Stir,!Iy, are aii(I fir,,ily I .... iii,l ii a_.13(-,.,tcl ..Crestar.Bank @j -@i --- @- I . ............... ........ crs I'nist C ..................... ..................... ........ ..... ...... .. ......... ........ ....... ......................................... ......... ...................... .................................................................................................................. ............ ....... ........................................................................................... ......... .......................................... -------------------------------------------------- ------------------------------------------------------------- .................... .......................... iii,@ir rel)(@ciivft I(-,gal rcl,r(@s(!til;itives, siic(@c.9s(,rs iiii,i as.,,igiis (liereitiaft@@r (@(,Ilectively calle(i Ol,ligees), iti ili,@ stiii@ )f .... @l(, 'I'lic)llszin(@ rNo liiindred_.Fifty__ancl.00/100 ---------------------- .............................. ........ ------ .............. ..................................... ......... I,(! I,;Ii(I l') lli,t Ol,lige,,.,, f(@i- wlii,@i, 1)ay- w@ll i .... I 1,@,ily l') l,e II,, 1'rizi@ii,i@l S@ir(!ty li,@l(!I.y I,i,i,l tlleir lieirs, ext!,@ti- I,)rs, i.Iiiiiiiisirat,)rs, sti,:(Tss(,i-s all@l iissig,is, joiiilly ii,i,l ,ev,!rally, firii,ly l@y iliese I)r(!scilts. Sig,i(!,], scal(@,l iii,l [)tis ............ @14 Lli ---------------- - ---- -y f -- '3111@ -Y.. . . ill -r ----------------------- 19.-9.1 .... Wlil,"til-'IAS, li@,! lias rel@rese,ite,l ilial ili@@ is li,e owiier ........ iiiinil)ere(i 2(i, of tlie Cit-V c)f Vir(jinia Bcacli nil)lic it Bond Series of ----- --------- ---- ----- --------- .......... .... .......... -- ----- - ----- --- ----- ------- ....... ................. 1 977 -, 31 03-3 109,.@ Nii il) r 3 37, 31 38..aild . 3.1 43.,.. s i @.ti q -.N iiiilx@r ........ . ........... .. .... .. .... .... t )e,.ain iliit- O-- ......... --------------------------------------------------------------- iiii.1 iliat siiiiie lia.y@ ---- l@(!Cll I(,Sl, l@lislai,], Ieslroy@.,i or st,)Ie,i aii(i (@aiiiiot I)e fc,iiii(i or pr(,(Iti(:e(], atid lias te(Iiieste.] il@e 01@ligees to issll(! l') 111(@ )r to li@e t)r,l,!r, ;i ]lew iiistrit- iiietit )t iiisirtiii,crils, cr to pay to tlie I)riiicil,@il, or to cre(lit I,) ilic 1'riti,@ii,al's a(@c(,Ijlll, flic Fi,@e aiii,)ijiit c)f saiiie, willi ... it (lie stirren,ler iliereof for raii,!eii@tiori; aii,l Will'@Rl-'.AS, oil tile faitli of flie foregoiiig rel,,esc,itatioii, a,@.1 i,@ (@(,Ilsi(leratioii of ti@is 1),)iid of iii(leftinity, ilie Oblige,,s liave comi,lie(l, or agree,] to (@onil,ly, viiii sai,l re(Itiest. NOW, 'Fill," CONI)['['ION 01,' 'I@IIIS 0131,1(;A'rION is sij(:ii, 'riial, if tile al)(,ve ilie licirs, legal rel,resetilaliv(@, i@ssig,is of il@e Pri,i,!ipi, or atly (,f si@all, iii c.se ti@c i@isir,lii,(!Ill or iiiirti,ne,@is (, I(,st, ]@!slr,,ye,l or stolet, I)c f,,iiii(I or CI)@lic iiito ilic liar,@is ).- power of a,iy f or iiito tlkc liati,ls, ctisl,,(Iy )r I,,)@vcr of itiy (@ilier per. 5011, (leliver, or ca,ise tlie s anic to I,c Ielivere,i ilie. Ol)ligees for @aticelalioii, a@l(I sliall alst) at all ti@iies ii@(let..iify a,l,i sa@e liaritiless tlie Ol)ligees frojii ati,l agiiiisi atiy an@i all loss, claiifig, ictiotis, Iat@iags, cliarges or ex[,enses of aily nat,ire aild cliaracier l@y rcn%on (,f sai(I lost, mislai(l, le- sir(,y@(i r st,)Ien itistriin,ent )r i.,str@iiiie,its, or flic iss@lati(@e )f a (Itipli(@ate r (li@pli(@ates iii licti iliereof, or tl,e paying r cre,(Iiti,ig as af(,resai(i of tlie f@ce amo@,lit )f s,i(@li lost, mislai(t, (lestroye(i or stolen iiistriiiiicjit or iiistrtjtiietits wittioiii ti@e s@@rrci,(Icr tliereof, [Iiis (,I,Iigati@ii sli.11 I,,. v(,i,l, oili,.rwise to re,i@aiii i@) f,,Il force an,l ttffecl. .................... 9ii@ .................... .............. ......... .......... ... ............. ............................... ........ .............. ................................ ....... ........... .......................................... ....................... (SEAI.) FIDI,',I,I'I'Y ANi) 1)1;1)osf,r (-,OMI)ANY 01-- NI N[) A,i-i ........ .... ...... ----- Ily ...... --------------- ----------------------- - ------ ........ (@. M. SinyL-.1i, At-,Io ,@y StJRI,:'I'Y ACKNOWI,I,'I)(;NIrN'I' Virginia c ..... .. ...... ............. ....... ...... ........ @iclimond l@4th Jaiiuary 0,@ ll,i, ..@ ..... ......... .......................... .... ..... .I;.y ,f ............ C. M. SiTlytIl ............ . ... .. ...... ... . ................ .......................................................... ................ ......... Ri@,hmond ............................................ __,attoi-ney-i n-fact x@ ............................................................. ------ - IN" I)I:Illllll [,y .Y ... .... I,y My Coimjssion 1--Ixpires 6/8/92 INI)IVII)IJAI, ACKNOWI,ED(;Nll-,'N'I' ...................... 0,@ li,i . ................. ............................ .l@'y @,f ..@. ..@ . I... 1-@, ....... ............... ..... 19@ ........ ........... ............. ....... ........................ ....... .. ........ ...................... ............ k.... . . .. .................................................................. ................... I'Al('['NE[i,','Illl) A(:KNOWI,El)(;Ml-:N'I' ........................ ............ .................. O,, il@i@ ... .. . ...... ............ . . ....................... l) ......... . ....................... ........................... ................. ........... k... .. ..... . .. .. .............. ....... .......... ........ ------------------------ ..... ....................... ....................... . ....................... .. .................... @... II,, @i@ ... @ ..; ... @i I,,, i,,@t @f "i.1 fi,,@,. ........................... ................... ...................................... (:O I? [)O It A'r] 0 N A (:K N 0 W Nl 1-:N'I' N,@l.,y S i vi rgi n i a ................... ...... Cotin ty Nort@-u --- mi)eri-a-nj-@ IS: .......... ..... .... .... ..... 22nd Jiine ........... I.............. ............................ 19 ...... .. . ..... L Eyn Dawson, Jr. ....... ..... ... ........ ...................................... ......... i,,g i,y @@l , v ce Bank of Morthtimberland, Tnc. ................ . ............ . ......... l,y lik@ .... l@,. ....... .. CD It 3 0 ew 0 P4 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND "O.E 011"E. KNo %NI) Df-,POSI'I'(-.ortPANY oi,, rvIA11YI,ANI). n ,f il,, Sti,t, @f ti. PE(@OT, IR. . @"(1 (.. W. ROBlilmS .... ..f I)Y Vi, S@,,!Ii ... 2, )f il@,! ltv-l,.., ,[ .i,] l@ ... l,v ,rtifi,,] t,, b@, i,, f@,11 ff,,t n il@,, (;ene F l@yon , SLeptieii B . Arno I d , C M. Srnytll , Paul C . Rogers Sli i r] ey BoticitiraiiL and Josepti Anderson , a I I c) f R iclimond Virp in ia , EACII . . . . . . any and all I)oiids and tindertat@ings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... @ )f l,r ... nt', ),i ... li,,g "J."@ V, 1,@ ;,II ......... @,i if 11"! ...... 1,@,ig"(1 1,@ 11 ... ... g,,I,,,I, I.ffi.-,,rs ,f i@ I it, i,@ Nl,l., i,@ il@,,ir ,,v,, 'rll i,,; power o artorney' revokes Lliat i.ss,,,d n,i I)elia I f o f Gerie F . Lyoti , e t al , diice(i , O(,Lober 6 , 1 987 @.i(i S ... @,,,t@.ry I,,r,,b@ .@,tifv tl@.t ti@@ f,,r,g,,i.g is . t@.@, .py f Article %'I, S,,,Ai.n 2, of ti@e ,f IN WIIF:Iil@:OF, tl,@ ,,i,i S@,,,.[.ry i,,hsc,il)e,i il,,i, .@ini,,, in,l tl@, @t (I,, %Nl) DF:I'OSI'I' CoNfl),%N)' 01,' Nt - ------- ---------------- - ---------- I.N )f Fel r@ia -)8 9 ---------------- @%Nl) (:O@ll',%NY OF Ni@%IIYI,,%Nl) ................... ..................... ................................... ...... -------I....................... fi - ------ Si CIFI (IF 11,11.11,1111,v. FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK O,, ti@is 6t[i f February k.]). 19 89 . li@@ N.,t., P@,I,Iic ,f ti,,, Sti@te )f i,, .,@(i f,@, [l,,, (-,ity ,f @n,l A.,,i.@t.nt ,f tl.@ ANI) [)EI'OSI'I'(:ONII'ANY 01-@ NIAIIYI,ANI). t,, I,, ti@@ ,n,] ,ffi@,-rs li@,, iiirt ... i.,,,i li@,), li@e ,f ti,e [,,ing b@ IN 'I']-:S'I'l@',IONY IX'Iif-:RF:OF, I 1,@r@,,ni. s,t ,,y .,@,i ffi.e(i .@y ()fficial S@.1, t li@,, (-.ity f ti@@ ].y ,n,] ),e.r first @,itien. ----------- -- --------- ti ly --- ]---1290 Asgist,@,,t S@!,@iny ,f ti., FII)EI.Il'Y ANI) (:ONfl'ANY OF MAfil'T,AND. (I. I.... hy @,,iify il@@t I...... @r @f Ati,,,,,@y f ii,e f(,reg@,i.g i@ a f'.11, ,.,l @:,,I,y, i., in f,,Il fo,(-,, n,i @.ffe(@t ,n il@,, ].Ie )f ilti.1 a,i,i I ],) (-@rtify ti@.t ili@ Vi,.-['resi(i@nt ,],. tl,e sni,l Atto,@e)- n, )f ti,, Vi(!,- @l)@,-i.Ily by tl.e flo.r,l )f t. .[)p@,int ny Attomey-in-F.el as i,r,,,i,i@,d i,l Arti,l@ Vi, .,f the By-l,.,,s ,f tit@ FII)ELII'Y ANI) I)E['OSI'I' COMPANY OF NIARYI.AND. I'Iiis Crtificate may b. sign@d by f.,,simile tin@i@r ..,l by atitl,.,ity of the foll.,@i.g esoltiti.n f the B..,d f Dirftt.rq f li@e ANI) R)EI'OSIT C()NFPANY OF MAI(YI,ANI) t a n ... ting d,,Iy @.11@d ..(l ],el,] on ti@e ]6th d.y f .1,@ly, 1069. IIF:SOI.VEI): ... il@@ facsi.,il@ r .@e,.h.,@ic.ily repr(@,j-,l of ny As,,istant S-,@t.,y of ti@@ Co.pa.y. .1@eth@r n@a(l@ ,r al,pe.ri.g ,Po,, a -@tifi,@(i !,)[)y ,f ny P.@e, f tt.",@,y by t]@@ sl@@ll I,, @.1i,l ..d l,i,,(Iiiig tile (:o,,,P..y @,itli il@@ an ... e force and @ffe(@t ;,s th( ... gi, antt.lly affi@ed." IN rl,ES,[,, NIC)NY Wil@,REOF, f ),.@e lier@ ... @to s@,],wrib@d n,v ..n,e nd affi.@] flie co@r.te @l f ti@e @i,i C.n,p..y, tl@is d.y,,f 1 76 ----------- X'I'IIAC'I'l@'lt()NI IIY-1,AWS OF AND DEIIOSI'I'COIVIIIANY OF MARYLAND "A,ti,,I, Vi, ti@@, 130a,ti, o, ti@e ., any or atty,,f tlie S@,.i,,r Vi,@- ), @ 1- ]- I)y ti@@, B..r,l of I)ir@,,tors r l,y tl,e sliall l@R@e [,y .,,,l f il,@ S@crefRy ., aiiy r ti@e A@si@int,t t(, ppoi,it Resi(i@.1 A,gsist..t an(] Att,,,n@y@-i.-F.et as tl,@ b,..gin@@., f tl@@ C.n,p..y n,.y r t. .,,th.ri,.. ..y p@,@. ., p.rso.9 )n 1)"I..If f ti,@ (@on,l)..y .,,y bon,l@, t.,t(lert.kingg, rec.gni-,,.n,.es, p.licies, !o.tra@t., ag,@,,ment@, dee(IS, tll@ ,f affi@ li@,. - 31 - Item IV-L.3. CONSENT AGENDA ITEM # 34349 Upon motion by Counci Iman Heischober, seconded by Counci lwoman McCianan, City Council ADOPTED: Resolution directing the Director of Finance to authorize Citibank to issue and del Iver a new or duplicate $5,000 General Obligation Public Improvement Bond, Sertes 1987, bearing 6.60% annual rate of interest, to Richard B. McCaulley, 7426 A I I en Dr 1 ve, Fa I I s Church, V I rg I n 1 a. Bond Number R-10045 having been lost In the mall. Voting: 10-0 Councll Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Nancy K. Parker and Willlam D. Sessoms, Jr. Council Members Voting Nay: None Councii Members Absent: Mayor Meyera E. Oberndorf 1 A RESOLUTION.TO AUTHORIZE 2 REPLACEME BOND 3 WHEREAS, Mr. Richard B. McCaulley 7426 Allen Drive, Falls 4 Church, Virginia has affirmed that he is the sole legal and 5 benef icial owner of City of Virginia Beach, Virginia General 6 Obligation Public Improvement Bond, Series of 1987, numbered R- 7 10045, at $5,000 denomination, bearing 6.60% annual rate of 8 interest, dated May 15, 1987, and maturing May 1, 1991; 9 WHEREAS, Mr. McCaulley has also affirmed that the said 10 security has been lost in the mail; and 11 WHEREAS, Mr. McCaulley has complied with all legal 12 provisions to effect replacement of said security by providing 13 appropriate affidavits and indemnities. 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is 16 directed to authorize Citibank, N.A. , the Registrar on said bond 17 to issue and deliver to Mr. Richard B. McCaulley of 7426 Allen 18 Drive, Falls Church, Virginia a new or duplicate of the lost bond 19 in the amount of Five Thousand Dollars ($5,000). 20 Adopted by the Council of the City of Virginia Beach, 21 virginia, on the 23 day of April 1991. 22 CA-91-4113 23 RES\NONCODE\BOND-R.FRM APPROVP Ar, TO CONT-@,':S 24 R3 F,IC-NATURE L itiTY A-rtOIN'zy E3R GROUP OF INSURANrE COMPANIES @HUE3 tain View F@old, War, n New ie,,@(,,y o7o6o FEDERAL INSURANCE COMPANY BOND NO. TA48532 94929-109 BOND OF INDEMNITY (OPEN PENALTY) KNOW ALL MEN BY THESE PRESENTS, that FEDERAL INSURANCE COMPANY a corporation duly organized and existing under and by irtue of the laws Of the State of Indiana and duly althorized to transact the business Of Insurance in the State of New York and all other States in the United States of America and having an office and place of business in New York State at 100 William street, New @ork, N.Y. 10038, as Obligor (hereinafter called the "Obligor" is held and firmly bound unto CITY OF VIRGINIA BEACH, VIRGINIA CITIBANK, N.A., NY individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar, Transfer Agent, (and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents), their respective legal representatives, successors and assigns (hereinafter collectively called "Obligeesit), in an aggregate sum, lawful money of the United States of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one risk or hazard under any law governing the validity or performance of this bond, said sum to be paid to obligees, their respective legal representatives, successors or assigns, as interest may appear; for which payment well and trul-V to be made the obligor binds itself, its legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with its seal and executed in THREE counterparts the 2nd day of October, iggo. WHEREAS, the Obligor represents that RICHARD B. MCCAULLEY is/are the unqualified owner(s) of $5,000 THE CITY OF VIRGINIA BEACH, VIRGINIA 5.5% OBLIGATION PUBLIC IMPROVEMENT BOND NUMBERED R10045 D'ATED 5/15/87 DUE 5/1/91, REGISTERED IN THE NAME OF RICHARD B. MCCAULLEY (such security or securities being hereinafter called iforiginal" or "originals-1), and that the same has/have been mislaid, lost, destroyed, or wrongfully taken and cannot be found or produced, by virtue of which the Obligor has requested Obligees to issue and deliver to RICHARD B. MCCAULLEY or his/her/its order a new or d,,-,'.icate instrumerit or instruments (hereinafter sometimes called li@uplicatell or "duplicates"), or to pay to RICHARD B. MCCAULLEY or credit to his/her/its account the amount due on said original or originals without surrender or presentation thereof for cancellation or stamping or for any other purpose; and WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obligees have complied br have agreed to comply with said requests. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if the Obligor, the legal representatives, successors or assigns of the Obligor or any of them, shall in case the original or originals be found or come into the hands, custody or power of any of them, or into the hands, custody or power of any person, deliver or cause the same to be delivered unto Obligees in order to be cancelled, and shall also at all times defend, indemnify and save harmless Obligees from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages, costs, charges, counsel fees and other expenses of every nature and character by reason of the original or originals and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like issue and amount which because of alteration, change or counterfeit may or may not be identified as the said mislaid, lost stolen or destroyed original or originals, or the making of any payment, credit, transfer, registration, conversion, exchange, or delivery in respect of the original or originals without surrender thereof and/or in respect of the duplicate or duplicates, whether or not caused by based upon or arising out of the honoring or refusing to honor the original or originals when presented by anyone, and/or whether or not caused by, based upon, or arising out of inadvertence, accident, oversight or neglect on the part of obligees, or any of them, or their respective officers, agents, clerks or employees and/or omission or failure to inquire into, contest or litigate the right of any applicant to receive any payment, credit, transfer, registration, conversion, exchange, issue or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instruments, under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based upon or arising out of any other matter or thing whatsoever, then this Obligation shall be void; otherwise shall remain in full force and effect. Obligor further agrees that if the mislaid, lost, stolen, or destroyed original or originals be found or come into the hands, custody or power of any person or into the hands, custody or power of the Obligees or any of them for any purpose other than cancellation without reissue, the Obligor will forthwith on demand obtain and deliver to the Obligees either such original or originals or such duplicate or duplicates or will pay to the obligees a sum of money sufficient to enable the obligees to purchase in the open market securities of the same issue and amount as the original or originals. Obligor further agrees that, in case of any default under the conditions of this bond, the Obligor waives and releases any and all right or claim against Obligees, or any of them whether by way of subrogation or otherwise, for any loss, expense or liability incurred by the Obligor caused by, based upon or arising out of the enforcement of this bond by the Obligees or any of them. (No inaccuracy in the description of the securities herein referred to as original or originals shall alter, modify or affect the obligations of the Obligor hereunder.) Obligor agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed. FEDERAL INSURANCE COMPANY . ........... vtorney-in-Fact CHUBB, & S-0@' INC. MAIL INSURANCE a@Inage, - - - - 10b W,Ili@tn Str*eet. New Yo,k, Ne@ Yo,k 10038 @FIDAVIT AND AGREEMENT FEDERAL INSURANCE COMPANY SECTION I DESCRIPTION OF SECURITIES MAILED BY: CITIBANK, N.A. FILEO 501352 CITIBANK, N.A. 20 EXCHANGE PLACE, 17th FL POLICY NO. UBS 94929 PLACE OF MAILING: NEW YORK, N.Y. 10043 BOND NO@7871262 DATE OF MAILING: 8/1 6/8 9 AFFIDAVIT NO.: RICHARD B McCAULLEY MAILED TO: 7426 ALLEN DR NO, OF SHARES: FALLS CHURCH VA 22046 CERTIFICATENO.: R-10045 REGISTERED OWNER. RICHARD B MCCAULLEY VALUE PER SHARE, THE CITY OF VIRGINIA BEACH, VIRGINIA 5.50% CORPORATION: OBLIGATION PUBLIC IMPROVEMENT BONDS TOTAL VALUE: $ 5 , 0 0 0. 0 0 DTD 5/15/87 - DUE 5/1/1991 CLASS OF STOCK: DATE: 7-24-90 SECTION 11 STATEMENTS CONCERNING THE SECURITIES DESCRIBED ABOVE Deponent knows that this affidavit will be used in support of application to the issuing corporation and its transfer agents and registrars for the issu- ance under indemnity of new securities to replace the ones lost, and to the Insurance Company under the provisions of the insurance carried by the Sender. Deponent is advised by the CITI BAN K, N. A. that the securities described above were mailed via United States Mail as described above: Said securities ha@e ne@er been received by the addressee named above nor by anyone acting on behalf of the addressee, or by the registered owner named above nor by anyone acting on behalf of the registered owner; If the affiant is a firm or corporation. the deponent is authorized to make this affidavit on behalf of the fi,m or corl)oration. by virtue of holding the position or title indicated. The word' securities" mentioned herein shall mean one or more than one particular inst,ument or document described in Section I above. SECTION Ill TO BE COMPLETED BY ADDRESSEE ONLY STATE OF VIRGINIA TIMOTHY L. MARIS CIT F RICHMOND (Pi.... Prinl) N.@. .1 D.p.n..t IMPORTANT: Attiant must sign each copy as an originai Th. u@d@,,ign.d, b.ing d@l, @@.,n, d,p.@.@ .@d @.Y. h.,: A. F@@h @@d@ i@ @cli.. It b.@. 1, I,.. 1. Ih. @@t k@..[@dg. .,d b.li@f f d.p.n.nt; B. Sh.u@d @h@ int. h. f h@ Ili.@t, th@ ill b. @,@r,@d i@@.di.l@ly 1. th@ b.@. .@,u,@d. n. I CD.@@@-I h., .@d.,@.d th@ @.id ... @., @.1d, .@. SUBSCRIBED iND SWORN TO BEFOFIE ME @ign@d. pl@dg@o, hyp.1h@@.t,d ., di@p.@d .( th@ @@,e @o A. V. P. SIGNET TRUST COMPANY D.t. P.@iti.n ., Titi@ Fi,. .1 C.1p.l.ti.., Wh.r. Applic.bi. (Date of e.piralion of comi al of the Notary must be affi.ed hereto) P.O.BOX 26311 Add.... c@'I IIA.23261 p c.,. SECTION IV TO BE COMPLETED BY REGISTERED OWNER OR HIS DULY AUTHORIZED REPRESENTATIVE WHERE REGISTERED OWNER IS OTHER THAN THE ADDRESSEE. STATE OF VIRGINIA RICRARD B McCAnLEY (PI.... Pri@1) N.@. f O.p.@.@t COUNTY OF FAIRFAX IMPORTANT: Afflant must sign each copy as an original Th. u@d@,@ign.d, b@i@g du:y @w.,@. d.,.@@. .@d @.y@ th.t A. E.@h m@d. i@ S@di.n 11 b.@. i@ t,u. 1. th. b@,t k@.M@dg. nd b.11.1 f d.p.@.@t; B. Sh.uld th. @.@urili@@ .@., c.m. j@lo th. f th. fli.nl, th. s@@.,ilie@ @ill b@ r@tur@ed i.@.di.t.ly h@ b.@@ .@s@,@d. (Pi.... P,Int) D.t. P.@iti.n o (Date of expiration of commisslon as well as.seal @f t'a must be affixed hereto) 7426 ALLAN AVE FALLS CHURCII,VA.22046 Clty. St.t., Zip C.d. SECTION V ASSUMPTION OF LIABILITY ENDORSEMENT hereby assume liability under Blanket Bond No. 7871262 in respect to the securities alleged to ha,e been lost, destroyed or wrongfully taken s described abo@e. FEDERAL INSURANCE COMPANY lgned, sealed and dell@e,ed DATE: BY r@ 30-10-4 71 R - 32 - Item IV-L.4. CONSENT AGENDA ITEM # 34350 Upon motion by Counci lman Heischober, seconded by Counci fwoman McClanan, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $1,200 to the Library Department's special gift fund re purchase of a Diagnostic Software Package. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf I AN ORDINANCE TO APPROPRIATE $1,200 2 TO THE LIBRARY DEPARTMENT'S SPECIAL GIFT FUND 3 FOR THE PURCHASE OF A DIACNOSTIC SOFTWARE PACICAGE 4 WHEREAS, in November 1987, the Library Department install@d j, new central 5 processing unit to support inventory and circulation of over 600,000 items and 6 has updated the system three times since its installation due to greater than 7 anticipated demands; 8 VHEREAS, to meet current projected demands, the Library Department has 9 used a diagnostic software package on a trial basis to increase the system's 10 response capability; 11 WHEREAS, the purchase of the software will cost $1,200 with funding to be 12 provided from private donations collected and residing in the fund balance of 13 the Library Department's Special Gift Fund. 14 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, that funds in the amount of $1,200 be appropriated from the fund 16 balance of the Library Department's Special Gift Fund for the purchase of the 17 diagnostic software package; 18 This ordinance shall be effective from the date of its adoption. 19 Adopted by the Council of the City of Virginia Beach, Virginia on the 20 23 of April 1991. 21 First Reading 22 Second Reading 23 @Approved as to Content 24 Walte C. KraeZ, i 25 0 Office of Budget and Evaluatio, - 33 - Item IV-L.5. CONSENT AGENDA ITEM # 34351 Upon motion by Counci Iman Heischober, seconded by Counci twoman McCianan, City Council ADOPTED: Ordinance authorizing tax refunds In the amount of $18,681.80 upon appi ication of certain persons and upon certification of the City Treasurer for payment. Votlng: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf FORM NO. C.A. 7 4/4/91 E@IC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Year of Tax Number tion No. Paid Eva M. Burton 86 RE(1/2) 13702-1 12/4/85 162.37 Eva M. Burton 86 RE(2/2) 13702-1 6/3/86 162.37 Eva M. Burton 87 RE(1/2) 14535-1 12/4/86 161.70 Eva M. Burton 87 RE(2/2) 14535-1. 6/4/87 161.70 Eva M. Burton 88 RE(1/2) 15148-6 12/3/87 228.39 Eva @l. Burton 88 RE(2/2) 15148-6 6/5/88 199.34 Eva M. Burton 89 RE(1/2) 15729-2 12/5/88 237.58 Eva M. Burton 89 RE(2/2) 15729-2 6/2/89 237.58 Eva M. Burton 90 RE(1/2) 15805-6 12/5/89 253.84 Eva M. Burton 90 RE(2/2) 15805-6 6/4/90 253.84 R. G. Moore Bldg. Cor.o. 88 RE(1/2) 74524-7 12/5/87 87.53 R. G. Moore Bldg. Corp. 88 RE(2/2) 74524-7 8/1/88 89.91 Diamond Springs Assoc. 90 RE(1/2) 29041-1 12/5/89 2,955.48 Frank V. Harrell 91 RE(1/2) 47820-9 3/14/91 36.91 D. J. Dee, Jr. et als 91 RE(1/2) 0-8311-5 11/30/90 159.67 American Home Funding 91 RE(1/2) 41098-7 12/3/90 1,227.88 Um Ki & Inja Bong 91 RE(1/2) 116741-8 3/19/91 62.79 Luther E. Becraft 91 RE(1/2) 7837-4 11/14/010 13.21 Kelly D. Ei@iell @!/A Bike 86101A 3/21/91 1.00 Robert Persinger @,/A Pkng LOST 2122191 10.00 Total 6,703.09 This.ordinance shall be effective from date of adoption. The ment(s) totaling Ci ape'v@O!P@6 were approved by the Council of the City of Virginia Beach on the 23 day of 991 Jo Approved as to form: Ruth Hodges Smith City Clerk FORM NO. C.@. 7 3/18/91 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion No. Paid Pender & Coward 79 RE 51265-9 2/15/91 85.84 Paulson & Associates 89 RE 50157-0 2/28/91 693.80 Sovran Mortgage Corp 87 RE(1/2) 34544-8 12/5/86 31.80 Sovran Mortgage Corp 87 RE(2/2) 34544-8 6/5/87 31.80 Sovran Mortgage Corp 88 RE(1/2) 35765-6 12/5/87 34.86 Sovran Mortgage Corp 88 RE(2/2) 35765-6 6/5/88 34.86 Sovran Mortgage Corp 89 RE(1/2) 36957-1 11/29/88 36.38 Sovran rlortgage Corp 89 RE(2/2) 36957-1 5/24/89 36.38 American Home Funding 88 RE(1/2) 118118-4 12/5/87 35.08 American Home Funding 88 RE(2/2) 118118-4 6/1/88 35.08 American Home Funding 89 RE(1/2) 121574-4 12/5/88 36.60 American Home Funding 89 RE(2/2) 121574-4 5/31/89 36.60 American Home Funding 90 RE(1/2) 123804-9 12/5/89 39.08 American Home Funding 90 RE(2/2) 123804-9 6/5/90 39.08 William T & Shirley Alexander 90 RE(1/2) 1509-5 12/4/89 62.21 William T & Shirley Alexander 90 RE(2/2) 1509-5 6/5/90 24.43 Chevron USA Inc 90 RE(1/2) 20030-3 11/24/89 25.79 Chevron USA Inc 90 RE(2/2) 20030-3 5/30/90 25.79 Sovran Bank NA 91 RE(1/2) 74414-5 12/5/90 258.00 Sovran Mortgage Corp 91 RE(1/2) 70626-7 11/27/90 68.63 Sovran Mortgage Corp 91 RE(1/2) 87511-9 11/27/90 2,908.45 Junelle L. Banks 90 pp 225119-0 1/23/91 13.17 Bruce H. Godfrey 91 Doa V18873 2/8/91 2.00 Total 7,595.71 This ordinance shall be effective from date of adoption. The ement(s) totaling c were approved by the Council of44e City of @iprp!Ta @ day of Beach on the-- 1991 Approved as to form: Ruth Hodges Smith City Clerk e . Iley, City Attor I -ORM NO. C@A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIPIGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Y ear of Tax Number tion No. Paid Investors Savings Bank N/A RE r, 2 14 8/28/90 1,521.70 Investors Savings Bank 89 RE(1/2) 41614-6 12/8/89 499.58 Investors Savings Bank 80, RE(2/2) 41614-6 12/8/89 478.29 Goldie Associates 90 RE(1/2) 42248-5 12/1/89 512.93 Investors Savings Bank 90 RE(2/2) 42248-5 5/24/90 422.71 First Nat'l Bnk of Gainesvill9l RE(1/2) 124289-0 11/26/90 947.79 Total 4,383.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $4,383-00 were approved by the Council of the City of Virginia Beach on the 23 -day OfApril, 199.1 Approved as to form: Ruth Hodges Smith City Clerk L 3/29/91 Er!C FORM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion No. Paid Investors Savings Bank N/A RE G 2 14 8/28/90 1,521.70 Investors Savings Bank 89 RE(1/2) 41614-6 12/8/89 499.58 Investors Savings Bank 89 RE(2/2) 41614-6 12/8/89 478.29 Goldie Associates 90 RE(1/2) 42248-5 12/1/89 512.93 Investors Savings Bank 90 RE(2/2) 42248-5 5/24/90 422.71 First Nat'l Bnk of Gainesvill9l RE(1/2) 124289-0 11/26/90 947.79 Total 4,383.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling c ed as to pay $4,383.00 were approved by the Council of the City of Virginia Beach on the 23- day of 1 1991 T. Atkin@on-Tregs@urer Approved as to form: Ruth Hodges Smith City Cierk Lf - 34 - Item IV-M.1 PUBLIC HEARING ITEM # 34352 PLANNING Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING on: PLANNING (a) STEVEN P. FENTRESS VARIANCE (b) BREEZE-IN ASSOCIATES RECONSIDERATION OF CONDITIONS (LASSITER AND ASSOCIATES) CONDITIONAL USE PERMIT (c) OCEANA CHURCH OF CHRIST CONDITIONAL USE PERMIT (d) TIDEWATER TOWING, INC. CONDITIONAL USE PERMIT (e) WALTER F. SULLIVAN, CHANGE OF ZONING Bishop of the Roman Catholic Diocese DISTRICT CLASSIFICATION (f) LYLE T. AND MARY E. SMITH RECONSIDERATION OF CONDITIONS (g) CITY OF VIRGINIA BEACH CONDITIONAL ZONING CLASSIFICATIONS - 35 - Item IV-M.I.a. PUBLIC HEARING ITEM # 34353 PLANNING Steven P. Fentress, the applicant, represented himself Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council APPROVED the application of STEVEN P. FENTRESS for a Variance to Section 4.4 (b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Steven P. Fentress. Property is located at 5021 Broad Street. BAYSIDE BOROUGH. Voting: 7-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones and Paul J. Lanteigne Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Abstaining: William D. Sessoms Council Members Absent: Mayor Meyera E. Oberndorf Councilman Sessoms ABSTAINED as he is an employee of CENTRAL FIDELITY BANK, who holds a deed of trust on an adjoining piece of property and might hold a deed of this trust on this property. - 36 - Item IV-M.I.b. PUBLIC HEARING ITEM # 34354 PLANNING J. Ran da II Royal , Vice Presi dent - Eng l neer! ng Services, Inc. - Arch!tect tor the Project, 3351 Stoneshore Road. Upon motion by Counci Iman Clyburn, seconded by Counci Iman Jones, City Counci I APPROVED the application of BREEZ-IN ASSOCIATES for the RECONSIDERATION of CONDITIONS: Application ot LASSITER AND ASSOCIATES for a CONDITIONAL ZONING CLASSIFICATION from A-12 to B-2 (APPROVED May 29, 1990); AND, ADOPTED an Ordinance upon application of BREEZ-IN ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BREEZ-IN ASSOCIATES (LASSITER AND ASSOCIATES APPROVED 5/29/90) FOR A CONDITIONAL ZONING CLASSIFICATION FROM A-12 TO B-2 Z05901285 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Breez-ln Associates (Lassiter and Associates) for a Conditional Zoning Classification from A-12 to B-2 on certain property located at the southeast intersection of Lynnhaven Parkway and Indian River Road. The parcel contains 3.124 acres. More detailed Information is available in the Department of Planning. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF BREEZ-IN ASSOCIATES (LASSITER AND ASSOCIATES APPROVED 5/29/90) FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R05901302 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Breez-ln Assoclates (Lassiter and Associates) for a Conditional Use Permit for an automobile service station on certain property located at the southeast Intersection of Lynnhaven Parkway and Indian River Road. Said parcel contains 3.124 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The approved site plan shall be modified, as proffered by the applicant on Apr! 1 23, 1 991 . The modified design maintains the previously approved entrances, as well as the extensive landscape treatments Included In the previously approved plan. A primary change Involves the establishment of a second buildling Intended to be located on the site. Whlle the previously approved plan depicted only one building, the two buildings included with the new plan actually reduce the total floor area avallable for use on the site. The newly submitted design shows a convenience store/gasoline station as the primary use for the site. 2. An amended agreement compassing proffers shall be recorded in the Clerk's Office of the Circuit Court and is hereby made a part of the proceedings. - 37 - Item IV-M.l.b. PUBLIC HEARING ITEM # 34354 (Continued) PLANNING Voting: 8-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay; Reba S. McClanan and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf Co LU d z Ln '7 Z'S Ui LU >- ce < Co L'i r) z z z LLJ c L 7d! Ail OOSSV NI-Z33)1 lo.. @o. @.S. 18 INTER-OFFICE CORRESPONDENCE in Reply Refer To Or File No. CA-4099 DATE: April 17, 1991 TO: Leslie L. Lilley DEPT: City Attorney FROM: Gary L. Fentress@( DEPT: City Attorney RE: Breeze-In Associates Reconsideration of Conditions Amendment Agreement Council Action Date: April 23, 1991 The referenced property owner previously received the Council's approval of a conditional rezoning for the property that is the subject of the current application. The applicant is now requesting that condition number four (4) of the previous proffer agreement be amended. The enclosed amendment agreement will accomplish such purpose, while providing that all other terms and provisions of the proffer remain in full force and effect. The agreement is acceptable as to legal form. If any questions remain, please advise. GLF/dhh Enclosure AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS CITY OF VIRGINIA BEACH THIS DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS, Made this day of February, 1991, by and between LASSITER & ASSOCIATES, INC., a Virginia corporation, title holder, berein referred to as Grantor, BREEZ-IN ASSOCIATES, a Virginia General Partnership, herein referred to as Contract Purchaser, and the CITY OF VIRGINIA BEACH, a municipal corpora- tion of the Commonwealth of Virginia, hereinafter referred to as Grantee; W I T N E S S E T H WHEREAS, the Grantor has previously initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property (hereinafter referred to as the Property) from A-12 to B-2 Limited Community Business District on certain property containing 3.124 acres, more or less, located at the Southeast Corner of Lynnhaven Parkway and Indian River Road, in the City of Virginia Beach, generally known as Lot 1B, as shown on that certain plat entitled, Gum Swamp, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 39, at page 19. It being the property acquired by the Grantor by deed recorded in the aforesaid Clerk's Office in Deed Book 1655, at page 72; and WHEREAS, Grantor's previous request to amend the Zoning Map of the City of Virginia Beach, Virginia to change the classi- fication of Grantor's property as set forth above was approved by the City Council of the City of Virginia Beach, Virginia subject to certain conditions accepted by Grantor, which conditions are set forth in "Proffered Covenants, Restrictions and Conditions" dated April 24, 1990, executed by Grantor, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2913 at page 526; and WHEREAS, the Contract Purchaser has requested the City Council of the City of Virginia Beach, Virginia to modify and amend Proffer Four of the "Proffered Covenants, Restrictions and Conditions" recorded in Deed Book 2913 at page 526, which amendments and modifications are set forth herein; and WHEREAS, the amendinents and modifications to Proffer Four have been approved by the City Council of the City of Virginia Beach, Virginia, as evidenced by the certified copy of the City Council ordinance attached hereto and made a part hereof; NOW THEREFORE, the Grantor, and Contract Purchaser for themselves, their heirs, personal representatives, assigns, tenants, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning use permit, rezoning, site plan, building permit or subdivision approval hereby makes the following amended and modified declaration of conditions, covenants, and restrictions as to the physical development and operation of the property and governing the use thereof and hereby declares that they shall be covenants and equitable servitudes running with the property, which shall be binding upon the property and upon all parties and persons claiming under, by or through the Grantor, the Contract Purchaser, their heirs, personal representatives, assigns, tenants, grantees and other successors in interest or title, namely: PROFFER FOUR: Proffer four is amended and modified to read as follows: The site plan entitled "Preliminary Site Plan of Breez-In at Indian River Road and Lynnhaven Parkway" dated February 26, 1991, prepared by Engineering services, Inc., Civil Engineers and Land Surveyors, which has been exhibited to the City Council of the City of Virginia Beach, virginia and is on file with the Virginia Beach Department of Planning shall be substantially adhered to so that there shall be coordinated development of the site in terms of design, parking layout, and access, traffic control and circulation within the site, and access to, and ingress and egress from Indian River Road and Lynnhaven Parkway reasonably acceptable to traffic engineering. The proposed buildings shall be constructed in substantial conformity with the color architectural rendering entitled, "Rendering of Proposed Buildings at Breez-In Site, Lynnhaven Parkway and Indian River Road, dated February 26, 1991", which rendering has been exhibited to the City Council of the City of Virginia Beach, Virginia and is on file with the Virginia Beach Department of Planning. All buildings shall be constructed with the same type of building materials and colors in substantial conformance with the rendering. All roofs, including the gas pump canopy, shall also be of similar design, color, and materials in substantial conformance with the rendering. The facade on the backs of the buildings shall match the brick on the front. The sides of the buildings facing streets shall be "non- rear" type treatments. Either windows or doors (real or I simulated) or some type of architectural treatment of the brick facade shall be incorporated in the final design of these buildings. Additionally, a freestanding monument-type sign shall be provided where indicated on the site plan. This sign shall be eight feet (81) or less in height and in accordance with all City ordinances and regulations. All of the terms, conditions, covenants, servitudes and agreements set forth in "Proffered Covenants, Restrictions and Conditions" dated April 24, 1990, and recorded in the aforesaid Clerk's Office in Deed Book 2913 at page 526, save and except Proffer Four as specifically amended and modified herein, shall remain in full force and effect, running with the property and binding upon the property and upon all parties and persons claiming under, by or through the Grantor, the Contract Purchaser, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. WITNESS the following signatures and seals. LASSITER & ASSOCIATES, INC. By,' <: Rocco Lassi+-Ar, President BREEZ-IN ASSOCIATES, a Virginia General Partnership By: David Bogese, General Partner STATE OF VIRGINIA CITY OF V ,, i , @ , I , ;, @, I to-wit: The foregoing instrument was acknowledged before me thisl @"' day ofi)@i, I 1 1991, by Rocco Lassiter, as President of Lassiter & Associates, Inc., a Virginia corporation, on behalf of said corporation. Notary P14plic My commission expires: STATE OF VIRGINIA CITY OF './ i ... I to-wit: The foregoing instrument was acknowledged before me this day of I 1 1991, by David Bogese, as General Partner of Breez-In Associates, a Virginia General Partnership on behalf of said partnership. Notary Public My commission expires: - 38 - Item IV-M.l.c- PUBLIC HEARING ITF-M # 34355 PLANNING Richard A. Sterling, Trustee - Oceana Church of Christ J. Gregory Dodd, 164 South George Washington Highway, Chesapeake, Phone: 487- 4535, represented the Agent but WAIVED right to speak. Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of OCEANA CHURCH OF CHRIST for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OCEANA CHURCH OF CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH (PARKING LOT EXPANSION) R04911364 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Oceana Church of Christ for a Conditional Use Permit for a church (parking lot expansion) on Lots C, D, E , J, K, L, M and a portion of a 20-foot lane, Oceana Gardens. The parcel is located at 1460 Virginia Beach Boulevard and contains 1.5176 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Right-of-way dedication is required along both Garcia Drive and Scott Bend Lane to provide for standard 50-foot rights-of-way. Approximately 10 feet of right-of-way dedication will be required. 2. A right-of-way dedication is required along the frontage on Virginia Beach Boulevard to provide for a four-lane divided right-of-way. Approximately 10 feet of right-of-way dedication will be required. 3. Indigenous vegetation on the site will be preserved to the greatest extent possible. Protection measures will be identified on the final site plan and reviewed during detailed site plan review. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third day of April, Nineteen Hundred and Ninety-One. - 39 - Item IV-M.l.c. PUBLIC HEARING ITEM # 34355 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 40 - Item IV-M.l.d. PUBLIC HEARING ITEM # 34356 PLANNING Letter from Harold Gallup Consulting, dated April 19, 1991, requesting WITHDRAWAL is hereby made a part of the record. Upon motion by Councilwoman McCianan, seconded by Councllman Baum, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of TIDEWATER TOWING, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER TOWING, INC. FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE OF AUTOMOBILES Ordinance upon application of Tidewater Towing, Inc. for a Conditlonal Use Permit for bulk storage of automobiles at the northeast corner of Dorset Avenue and Southern Boulevard. The parcel is located at 120 Droset Avenue and contains 2.409 acres. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 41 - Item IV-M.I.e. PUBLIC HEARING ITEM # 34357 PLANNING Senator Moody E. Stallings, Jr., 3330 Pacific Avenue, represented the applicant and requested WITHDRAWAL. Letter of Apri 1 18, 1 hereby made a part of the record. 991, requesting WITHDRAWAL is Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION, but was not OPPOSED to the WITHDRAWAL. Upon motion by Counci 1woman McClanan, seconded by Counci Iman Heischober, City Council ALLOWED WITHDRAWAL of an Ordlnance uoon applicatio, of WALTER F. SULLIVAN, Bishop of the Roman Catholic Diocese, f'or a Change of Zoning: ORDINANCE UPON APPLICATION OF WALTER F. SULLIVAN, r BISHOP OF THE ROMAN CATHOLIC DIOCESE FOR A CHANE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO 0-2 Ordinance upon application of Walter F. Su I I Ivan, Bishop of The Roman Catholic Diocese for a Change of Zoning District Classification from AG-2 Agricultural District to 0-2 Office District on the west side of General Booth Boulevard, 432 feet more or less north of London Bridge Road. The proposed zoning classification change Is for office land use. The Comprehensive Plan reccmmends use of this parcel for residential development at a density no greater than 3 dwel ling units per acre. The parcel contains 6.290 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress., Harold Heischober, Louts R. Jones, Paul J. Lanteiqne Reba S. McCianan, Nancy K. Parker and William D. S-ess'oms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 42 - Item IV-M.l.f. PUBLIC HEARING ITEM # 34358 PLANNING Lyle T. Smith, 2033 Salem Road, the applicant, represented himself Upon motion by Councilman Heischober, seconded by Councllman Baum, City Council APPROVED the 14odification of the Condition for RECONSIDERATION OF CONDITIONS in the May 15, 1989, Approved application of LYLE T. and MARY E. SMITH for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots being created in the R-6 Residential District have a lot wldth of 75 feet. Appeal from Declsions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for Lyle T. & Mary E. Smith. Property Is located at 2033 Salem Road. Plats with more detailed Information are available In the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be DELETED: Three (3) year temporary variance to the Subdivision Ordinance. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. - 43 - Item IV-M.l.g. PUBLIC HEARING ITEM # 34359 PLANNING W. Andrew Burke, Director of Economic Development, reiterated a history of the project. Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant The following registered in OPPOSITION: Dennis Clark, 4730 Princess Anne Road, Phone: 495-6000, represented the Larkspur Civic League, believed the concept was good; however, addressed concerns relative traffic congestion on Independence Boulevard, specifically at the Baxter Road intersection. George B. DeLano, 521 Buffer Drive, represented the Larkspur Civic League, and distributed a statement relative recommended amendments to the proffers. Said statement is hereby made a part of the record. Mr. DeLano was advised the proffers had been amended. George T. Byrd, Jr., 4343 Babbling Brook Drive, Phone: 497-4119. Mr. Byrd requested when Parcel E Is platted, the easesment be provided. Harold "Petell Booterbaugh, 4847 Kempsville Green Parkway, Phone: 474-8124, represented the Kempsville Greens Civic League and spoke relative traffic congestion. Upon motion by Councilman Clyburn, seconded by Councilman Sessoms, City Council ADOPTED Ordinances upon application of the CITY OF VIRGINIA BEACH for Conditional Zoning Clasificatlons: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-10 TO B-3 Z04911306 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Conditional Zoning Classification from R-10 Residential District to B-3 Central Business District on certain property located 250 feet more or less southwest of Independence Boulevard beginning at a point 950 feet more or less southeast of Baxter Road. The proposed zoning classification change is for Central Business District commercial land use. The Comprehensive Plan recommends use of this parcel for single family residential land use. Said parcel contains 3.79 acres. KEMPSVILLE BOROUGH. A N D, - 44 - Item IV-M.l.g- PUBLIC HEARING ITEM # 34359 (Continued) PLANNING ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR CONDITIONAL ZONING CLASSIFICATION FROM 1-2 TO B-3 Z04911307 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordlnance upon application of The City of Virginia Beach for a Conditional Zonlng Classification from 1-2 Heavy Industrial District to B-3 Central Business District on certain property located on the southwest side of Independence Boulevard beginning at a point 600 feet more or less southeast of Baxter Road. The proposed zoning classification change is for Central Buslness District commercial land use. The Comprehensive Plan recommends use of this parcel for industrial land use. Said parcel contains 8.16 acres. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM B-2 TO B-3 Z04911308 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The City ot Virglnia Beach for a Conditional Zoning Classification from B-2 Community Business District to B-3 Central Business District on the following parcels: Parcel 1: Located at the southeast intersection of Independence Boulevard and Baxter Road. Parcel 2: Located on the southwest side of Independence Boulevard beginnlng at a point 860 feet more or less southeast of Baxter Road. The proposed zoning classification change Is for Central Business District commercial land use. The Comprehensive Plan recommends use of this parcel for commercial and multi-family land use. Said parcels contain 13.43 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The Site Plan presented to City Council on April 23, 1991, shall be the official PLAN for development. 2. The City Manager is authorized to execute the Proffer Agreement which shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. - 45 - Item IV-M.l.g. PUBLIC HEARING ITEM # 34359 (Continued) PLANNING Th I s Ord i nance sha I I be ef f ect I ve I n accordance w I th Sect i on 107 (f ) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third day of April, Nineteen Hundred and Ninety-One. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Councll Members Absent: Mayor Meyera E. Oberndorf 7 /1@, K ?l Y, ic INTER-OFFICE CORRESPONVENCE in Reply Refer To Our File No. CA-4088 DATE: April 17, 1991 TO: Leslie L. Lilley DEPT: City Attorney FROM: Gary L. Fentress DEPT: City Attorney RE: City of virginia Beach 25.4 Ac. of Property Located at Independence Boulevard and Baxter Road Conditional Rezoning Proffer Agreement Council Action Date: April 23, 1991 The enclosed prof f er agreement has been prepared and submitted in connection with the City's rezoning application for the referenced ProPerty. Should the Council approve this application it should also authorize and direct the City Manacjer to execute the agreement on behalf of the City. The agreement is acceptable as to legal form. GLF/dhh Enclosure COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED PURSUANT TO SECTION 107(h) OF THE ZO.NING ORDINANCE OF THE CODE OF THE CITY OF VA BEACH, VIRGINIA. The City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Grantor," hereby declares pursuant to Section 107 (h) of the Zoning ordinance of the Code of the City of Virginia Beach, Virginia that the following conditions shall be applicable to "the property" described below. WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of virginia Beach, Virginia, by petition of the Grantor addressed to the, Council of the City of Virginia Beach so as to change the classification of the Grantor's property from B-2, I-2, and R-10 to B-3, on certain property containing a total of 25.4 acres, more or less, in Kempsville Borough, in the City of Virginia Beach, Virginia, said property being referred to hereinafter as "the property," and being generally described as follows: PARCEL ONE: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as : "PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH, AREA = 6639 SQ. FT. = 0.152 ACRES," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM JOHN E. & Jean H. MORDICA KEMPSVILLE BOROUGH -- VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA SCALE: 111 = 301 DATE: FEBRUARY 28, 1990.11 Said plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in map book 209, at page 46, to which reference is made for a more particular description. It being the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from John E. Mordica, et ux, dated December 6, 1990, and recorded in the Clerk's Office of the City aforesaid in Deed Book 2957, at page 204. PARCEL TWO: Allthat certain lot, tract, or parcel of land together with improvements thereon belonging, lying, situated, and being in the City of Virginia Beach, Virginia, and designated and described as: "PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH TOTAL AREA = 10.463 ACRES" as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: SEPTEMBER 20, 1985 SCALE: 111-601 . " Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2484, at page 860. It being the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, from Christopher Development company, a virginia corporation, by deed dated April 8, 1986, and recorded in the Clerk's office of the City aforesaid in Deed Book 2492, at page 2026. PARCEL THREE: All that certain lot, tract, or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH, AREA = 1.723 ACRES" as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM STANWOOD & HARRIET DICKMAN, JEROME R & MARILYN T. JACOBS, MORTON L. & HARRIET J. BRESENOFF KEMPSVILLE BOROUGH--VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA." Said plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2484, at page 889. It being the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia from Jerome R. Jacobs, et ux, et als, dated April 14, 1986, and recorded in the Clerk's office of the City aforesaid in Deed Book 2494, at page 891. PARCEL FOUR: All that certain piece or parcel of land, approximately 5 acres, situate in Kempsville Borough, in the City of Virginia Beach, Virginia, formerly Kempsville Magisterial District of Princess Anne County, with building and improvements, fronting on Holland Road and bounded and described as follows: To establish a point of beginning, begin at the intersection of the former southern line of Holland Road (as said line existed prior to the widening of Holland Road on two previous occasions) and the eastern line of Baxter Road as shown on the plat entitled: "PLAT OF PROPERTY FOR COUNCILL D. GARRETT AND WILLIAM P. OBERNDORFER KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA," dated December, 1965, made by Frank Tarrall, Jr. and Associates, duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1009, at Page 217, thence run along said former southern line of Holland Road south 48' 2 061 4511 east, 714.83 feet to a point, which is the point of beginning; thence from said point of beginning running along said former southern side of Holland Road south 46* 53, east 250 feet to an iron pipe; thence south 57* 151 west 1615 feet to an iron pipe in the northern line of the right-of-way of the Norfolk Southern Railroad; thence north 37' 031 west 77 feet to a stake; thence north 5' 01 east 216.5 feet to an iron pipe; thence north 57* 151 east 1450 feet to an iron pipe in the said former southern side of Holland Road, the point of beginning. LESS, SAVE, AND EXCEPT: (i) A parcel of land which vested in the state highway upon the recording of a highway Certificate No. N-VHB-151, for parcel 119 of the Virginia Beach Toll Road, dated January 4, 1965, and duly recorded in the aforesaid Clerk's office in Deed Book 882, at Page 496, and (ii) A parcel of land conveyed to the City of Virginia Beach by Deed of Dedication, dated March 31, 1969, by and between William P. oberndorfer and Alice Oberndorfer, his wife, and Councill D. Garrett and Mary Garrett, his wife, the first parties, City of Virginia Beach, the second party, Doyle E. Hall and W. L. Wallace, Trustees, the third parties, virginia National Bank, the fourth party, and duly recorded in the aforesaid Clerk's Office in Deed Book 1114, at Page 241. It being the same property which was conveyed by Ying Mah, et als, trustees, to the City of Virginia Beach, a municipal corporation of the Conmonwealth of Virginia, by deed dated May 1, 1986, and recorded in the Clerk's office of the City aforesaid in Deed Book 2500, at page 1036. PARCEL FIVE: All that certain lot, piece or parcel of land containing 10,131 square feet, (0.233 acre), lying and being situated in the City of Virginia Beach, virginia, and known and designated as "NOW OR FORMERLY NORMAN P. WEISS, ET AL, D.B. 1718, PG. 15, M.B. 111, PG. 12, M.B. 42, PG. 22, GPIN NO. 1476-49-9880,11 as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM NORMAN P. WEISS ET AL, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 05, 1990 SCALE 1"=30"ll said plat being duly recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach, Virginia in map Book 203, at Page 100 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, et ux, et als, by deed dated July 16, 1990, and recorded in the Clerk's Office of the City aforesaid in Deed Book 2952, at page 582. PARCEL SIX: All that certain lot, piece or parcel of land containing 82,165 square feet (1.886 acres), lying and being and situated in the City of Virginia Beach, and known and designated as "NOW OR FORMERLY STANDWOOD DICKMAN ET AL, D.B. 1948, PG. 587, M.B. 132, PG. 17, GPIN NO. 1476-49- 5539,11 as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH 3 FROM STANWOOD DICKMAN ET ALS, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 1, 1990 SCALE 1"=50-111. ,id plat being duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, virginia in Map Book 203, at page 102 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, et ux, et als, by deed dated July 16, 1990, and recorded in the Clerk's Office of the City aforesaid in Deed Book 2952, at page 582. PA CEL SEVEN: All that certain lot, piece or parcel of land containing 61,852 square feet (1.420 acres), lying and being situated in the City of Virginia Beach, and known and designated as, "NOW OR FORMERLY NORMAN P. WEISS ET AL, D.B. 1289, PG. 676, M.B. 17, PG. 52, GPIN NO. 1476-49- 8729,11 as shown on that entitled, "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM NORMAN P. WEISS ET AL, KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 08, 1990 SCALE 111=301,11 said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 203, at page 101 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, et ux, et als, by deed dated July 16, 1990, and recorded in the Clerk's Office of the City aforesaid in Deed Book 2952, at page 582. PARCEL EIGHT: All that certain lot, piece or parcel of land containing 76,272 square feet (1.751 acres), lying and being situated in the City of Virginia Beach, and known and designated as, "NOW OR FORMERLY STANWOOD DICKMAN ET AL D.B. 2189 928 M.B. 153 PG. 24 G PIN NO. 1476 49 8504,11 as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM STANWOOD DICKMAN ET AL KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: FEB. 03, 1990 SCALE 1"=30' , " said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 203, at page 103 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, fr. Stanwood Dickman, et ux, et als, by deed dated July 16, 1990, and recorded in the Clerk's Office of the City aforesaid in Deed Book 2952, at page 582. 4 PARCEL NINE All that certain lot, piece or parcel of land containing 9,976 square feet (0.229 acre), lying and being situated in the city of virginia Beach, Virginia known and designated as "NOW OR FORMERLY NORMAN P. WEISS & S. SANDLER, ET ALS, D.B. 1570, PG. 0779, M.B. 42 PG. 22, M.B. 118, PG. 6, GPIN NO. 1476-59-0793,11 as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM NORMAN P. WEISS & S. SANDLER ET ALS, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA, BUREAU OF SURVEYS AND MAPPING, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, DATE: JAN. 28, 1990 SCALE 111=30'," said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia, in Map Book 203, at Page 99 to which reference is made for a more particular description of said property. It being part of the same property which was conveyed to the City of Virginia Beach, a municipal corporation of the commonwealth of virginia, fr. Stanwood Dickman, et ux, et als, by deed dated July 16, 1990, and recorded in the Clerk's Office of the city aforesaid in Deed Book 2952, at page 582. WHEREAS, it is the policy of the City of Virginia Beach to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of change, and the need for various types of uses, including industrial and office, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land similarly zoned B-3 are needed to cope with the situation which the Grantor's rezoning application gives rise to; WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Council of the City of Virginia Beach, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-3 zoning district or zone by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the 5 property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Council of the City of Virginia Beach as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented by the City of virginia Beach in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the City, after a public hearing before the Council thereof and advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for himself, his successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City of Virginia Beach or its governing body and without any element of compulsion or auid pro Quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, their 6 personal representatives, assigns, grantees and other successors in interest or title. 1. The following uses shall be the only uses permitted. Those uses permitted hereunder that require a conditional use permit from City Council shall continue to require a conditional use permit, and City Council, by accepting this proffer, does not automatically grant the right to place any conditional uses within the property. a. Auditoriums, assembly halls and union halls; b. Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises; C. Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities; d. Business studios, offices, and clinics; e. child care and child care education centers; f. Commercial parking lots, parking garages and storage garages; 9. Drugstores, beauty shops and barbershops; h. Eating and drinking establishments without drive-through windows; i. Financial institutions; j. Florists, gift shops and stationery stores; k. Hotels and motels; 1. Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; M. Laundry and dry cleaning agencies; n. Medical and dental offices; 0. Medical laboratories; P. Museums and art galleries; q. Personal service establishments, other than those listed separately; r. Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; 7 S. Public buildings and grounds; t. Public utilities installations and substations provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by Category VI screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access opening; U. Public utilities offices; V. Public utility storage or maintenance installations; W. Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2,500) square feet of floor area; X. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed; Y. Wholesaling and distribution operations, provided that such operations do not involve the use of (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at more than one and one-half (1/2) ton capacity, or (iii) a total of more than five (5) delivery vehicles. Z. Accessory uses and structures which may be reviewed and approved by city of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach City Zoning ordinance. 2. Parcel E (and Parcel D within one hundred (100] feet of a Residential or Apartment District) shall be limited exclusively to office use with a maximum building height of thirty-five (35) feet as shown on the "Conceptual Master Plan, Independence 8 Boulevard/Baxter Road,to (hereinafter referred to as the "Concept Plan") dated june 28, 1990, revised AUgust 27, 1990, and prepared by Talbot & Associates, Ltd., which has been exhibited to the City Council of the City of Virginia Beach and is on file with the Planning Department of said city and incorporated by reference. The following uses shall not be permitted within one hundred (100) feet of a Residential or Apartment District: a. Auditoriums, assembly halls and union halls; b. Commercial parking lots, parking garages and storage garages; C. Eating and drinking establishments without drive-through windows; d. Hotels and motels; e. Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; f. Public utility storage or maintenance installations. 9. Retail uses, unless internally oriented; 3. A variable width landscape buffer of twenty-five (25) to thirty-five (35) feet, as designated on the concept Plan, with Category IV landscape screening shall be provided adjacent to any Residential District unless there is an intervening street or alley over twenty-five (25) feet in width or body of water over fifty (50) feet in width. Existing trees within the twenty-five (25) foot buffer will be preserved and used towards meeting the Category iv screening requirement. 4. No ingress or egress shall be permitted from the property to any adjacent Residential or Apartment District with the exception of the access road to Brookside Condominiums and sufficient ingress/egress to benefit residential property owners who have legal access to Keener Lane. 5. The road, lake, landscape buffer and parcel configurations and all points of ingress and egress shall be in substantial conformity with the configurations designated on the Concept Plan. 9 A comprehensive Stormwater Management Plan shall be prepared at the time of development of the Property. 6. The following issues will be addressed upon the sale of the property and deed restrictions will be recorded addressing these issues: a. Landscaping b. Street treatments C. Architecture d. Open space e. Pedestrianways f. Sign control and design 9. Amenities, including common sites for social events, coordinated lighting fixtures, site furniture, fountains, sculptures, etc. h. Site design i. Aesthetic treatments for loading and dumpster facilities. All references hereinabove to the B-3 district and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of January 1, 1991, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by the decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body 10 for the review thereof prior to instituting proceedings in court; and (4) the Zoning map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor. WITNESS the following signatures and seals. CITY OF VIRGINIA BEACH, VIRGINIA a municipal corporation (SEAL) City Manager ATTEST: (SEAL) City Clerk STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Pubic in and for the State of Virginia at Large, do hereby certify that Aubrey V. Watts, Jr., City Manager for the CITY OF VIRGINIA BEACH, a municipal corporation, whose name as such is signed as Grantor to the foregoing instrument bearing date on the _ day of 1 1991, has acknowledged the same before me in the City and State aforesaid. Given under my hand this _ day of 1991. Notary Public My Commission Expires: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-Wit: I, , a Notary Pubic in and for the State of Virginia at Large, do hereby certify that Ruth Hodges Smith, C.M.C., City Clerk of the CITY OF VIRGINIA BEACH, whose name is signed as such is signed to the foregoing instrument bearing date on the - day of , 1991, has acknowledged the same before me in the City and State aforesaid. Given under my hand this _ day of 1991. Notary Publ c My commission Expires: RMB/sam BAXTER.PRF 04/10/91 12 - 46 - Item IV-M.l.h.(a) PUBLIC HEARING ITEM # 34360 PLANNING Upon motion by Counci Iman Sessoms, seconded by Counci lman Baum, City Counci I ADOPTED: Ordinance to Amend and Reordain Section 4.1(m) (i) of the Subdivislon Ordinance pertaining to street right-of-way widths. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf AN 017DINANCE 'M AMEND AND RED SEMON 4. 1 (M) (i) OF Um @IVISION OPDIWCE PERrAINIM TO RIGtfr-OF-WAY WIDNIS BF@ IT ORDAINED BY @ MNCIL OF '"TF, CM OF VIRG@ BEhal, @INIA: 7bat Section 4.1(Tn)(i) of the Subdivision ordimnce be amended and reordained as folfms: (m) (i) street right-of-way widths shall be as @ified in officially adopted al@ts of the ehensive Plan relating to streets. Where not shown therein, pav@t widths and right-of@y widths for public streets shall be in relation to the proposed density and/or th,-- land use of the property adjacent to the roads and within the parcel s@bt to be @ivided, but in no case, be less than as follows: Minimm Paved width Min@ R/W (face to face Width of curb (feet) (feet) Arterial 80 52 Collector 60 36 Minor a. serving cial or industrial 60 36 b. Serving residential lots Of 50 30 7,500 square feet or more, or fewer than 10 lots of less than 7,500 square feet on a cul-de-sac, or 10 lots or mre of less than 7,500 square feet where adequate legal assurance has been provided that all reclui-red driveways on lots served by such street shall be at least 18 feet wide c. serving lo or more residential 60 36 lots of less than 7,500 @re feet d. Serving oure lots in the 50 30 A-2.5 zoning category Marginal Acmss 40 30 Alley 24 20 Residential cul-de-sac 40 30 Where minimum payed width, as s ted above shall be measured from edge of Adopted by the Council of the City of Virginia Beach" Virginia, on the 23)td day o APRIL 1991. 59a Lel [Indemification of city] Dp-vel.oper will indemify, keep and hold the city, and its agents and emloyees, free ar)d h@ess from and against all oontractual liability of developp-r and from and against all claim on account of injury to devel@ or any othp-r person, firm or corporation, or damge to the property of the devel@r, purchaser or any other per-ron, firm or corporation, and will def@ the city, and its acjents and emloyees, against all actions and settle all claim, damages, l@ and arising from or growing out of the city's approval of the design, construction and/or installation of the said drainage syst@. Adopted by the @il of the City of Virginia Beach, virginia, on the- 9 3,i d day of AP)tit 1991. 59 59b - 47 - Item -Mlh. b) PUBLIC HEARING ITEM # 34361 PLANNING Upon motion by Councilman Baum, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinance to Amend and Reordain Section 5.5 of the Subdivision Ordinance pertaining to requirement improvements for street and other drainage. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf AN ORDINANCE TO AMEN) AND RBDRDAIN SUCrION 5.5 OF THE SUBDIVISION ORDINANCE PERrAINING M @RED FOR AND CQIIER DRAINAGE BE IT ORDAINED BY 'RIE @CTL OF 'ITIE CITY OF VIRGINIA BEAal, VUUINIA: 7bat @ion .5.5 of the Stibclivision Ordinance be amended ancl reordained as follows: Sec. 5.5. and Every subdivision shall have a drainage system adequate for the type of developmp-nt pr and so related to existing or potential surrounding devel t as to form a logical part of the coordimted system minimizing potential drainage problems for the general area. No plan or development shall take such form as to create potential or actual i t of water on, or discharge of water onto, adjacent prmarty in such a as to (a) affect adversely existing development, or (b) increase problem-, of future devel t on such adjacent property, except with the written and reoorded oonsent of the adjoining property @s affected and the appr@l of the Department of Public works. To these @, the Department of Public Works is ered to require such changes in plans or to establish such minimum and mximm elevations and gradients in particular mwivisions or to require enploymmt of such @sures as on-site retention of storm water as n@ry to provide for orderly and efficient devel t of coordinated drainage system, even though the drainage proposed for a par-ticular subdivision might be adnmte for the subdivision itself. In addition, where adjoining lands are in distri@ with varying inprovement requir@ts or in other cases where similar adjus@ts are necessary, the Department of Public Works is ered to establish such transitional requir@ts as to types of curbs aM gutters, storm drains and the like as are appropriate and reasonably necessary i-n the circums s of the case. (a) (Curbs and cjutters] Curbs and gutters built to specifications of the De t of Public Works, as aPProved by the council of the City of Virginia Beach shall be requi-recl, Ion C, on all streets, except when it director of Public Works that existing - would mke this requir@t inpractical or where the use of best -nagemnt practices is better prowted otherwise, in which case a waiver or @ification my be authorized, provided, however, that any such waiver or @ification sha.11 be rut into writing @ include the reasons therefor and be mde a part ot the nent application record. (b) Storm @s @ drainage. where rewired by the director of Public Works, underground storm sewers @tincj specifications of the De t of Public Works, as approved by the @il of the City of Virginia Beach, shall be installed, rovided in 57 sub-sectiotiCa_rid @ceptwheresuchreiTtir@tiswaivedormAified under the provisions set forth in @ion 5.5@LdA. Elsewhere @ drainage ways @tincj -@ificatio@ of the Depat@t of Riblic Works, as approved by the council of tlie City of Virginia Beach, shall be @. (c) dside Swales. to a mximlun de@ of in arear, zoned AC District. @d lbe director of the de t of Public Works shall consider noy approve a waiver or @ification to the requir@ts ret forth in @ions 5.5(a) and 5.5(b), for a slibdivision, provided tha the following are met: (i) each lot in the subdi.vision shall be no less than fifteen thousand (15,000) scjuare feet in area; (ii) each lot shall provide area for no fewer than four (4) on- site parking spaces. (iii) all @ drainage system shall be provided and designed in aamrdanr-e with the performance standards and design criteria of the Stormwater Manag@t Ordiriance; (iv) the propo@ system of open or natural drai.nage ways shall be an appropriate nent of a natural area protection plan to be approved for the subdivision as part of the process for granting a waiver or maification under this section. such rLatural area protection plan shall include: a tree inventory/protection plan; a wetlands inventory/protection plan; provision for the protection the protection or creation of a natural area bfffer of sufficient width to prevent er@ion, trap sediment in overland runoff, provide n@sary imi-ntemnoe access and provision for the protection of any other signifir-ant natural features, includir.%g topographic relief; (v) the continued functioning and integrity of all Wm drainage sys@ and other cmmnents of a natural area protection plan not within the public right-of@y shall be ensured thranh deed restrictions, covenants or other @. 7here also shall be reoorded through deecl restrictions, cavenants or other means acreptable to the director of the Department of Public Works, a stat@t which advises all potential purchasers that tlie City of Virginia @ch will not be r@nsi-ble for providing ark]/or bearing the cost of curbs and gutters if @ when @s of lots. in the subdivision desire such @rav@@. I (vi) application for waiver or @ifir-ation to @b and gutters and/or storm sewers and drainage my be considered in conjunction with request for reduced pavement widths as set forth uncler Section 4.1(m)(ii) of this ord 58 - 48 - Item IV-N.l. APPOINTMENT ITEM # 34362 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT: EROSION COMMISSION - 49 - Item IV-0.1. UNFINISHED BUSINESS ITEM # 34363 ADD-ON Upon motton by Councilman Baum, seconded by Councilman Sessoms, City Council: AUTHORIZED the City Manager to WAIVE fees as requested by the Princess Anne County Tricentennial Comittee and Star Spangled salute. Notification of the waivers and definition of "in-kindif services shall be In writing; and Include author*ization for these two agencles to be under the City's insurance umbrella. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 50 - I tem I V-Q. I ADJOURNMENT ITEM # 34364 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 10:15 p.M. Be e 0. Chief Deputy City Clerk th Hdge Smith, CMC ty Clrk City of Virginia Beach Virginia