SEPTEMBER 18, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUN(:Il.
-- .0- @ @IR".." " 1',
A,
-A -:@N@N, A.-
-.@l I A, l@,
-I.AM . j@,
.1 1.11 BUI-NG
All.@Y I - n @, jl,, 1,1, CITY COUNCIL AGENDA UNIIIIILCE'l@@
li@@;IIIA 1, VI..INIA 111.1
l@,1111 L IIIIEV. 1.1, All.,@,
SEPTEMBER 18, 1990
STATE OF THE DIVISION REPORT: School Administration Building - 11:00 AM
VIRGINIA BEACH PUBLIC SCHOOLS Instructional Services Classroom
E. Carlton Bowyer, Superintendent
L U N C H - 11:45 AM
ITEM 1. CITY MANAGER'S BRIEFING Conference Room - 12:30 AM
A. PRINCESS ANNE ROAD CONTROLLED ACCESS
Ralph A. Smith, Assistant Director, Public Works
ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Roorn - 1:00 PM
A. CITY COUNCIL CONCERNS
ITEM ill. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Michael Hurt
Virginia Beach Community Chapel
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 - September 4, 1990
G. ACCEPTANCE OF BIDS:
Service as Lessee under a Lease Amendment to effect financing of
certain parcels of property adjacent to the Municipal Center.
H. AWARD OF BID FOR FINANCING OF THE JUDICIAL CENTER:
1. Ordinance authorizing a lease of property to
to effect the financing for a project involving the
a Judicial Center in the Virginia Beach Municipal Center Complex.
1. RESOLUTION/ORDINANCE
1. Resolution providing for the distribution of information re City of
Virginia Beach, Virginia, in a preliminary offering statement in
connection with the financing of a Judicial Center In the Municipal
Center Cornpl ex.
2. Ordinance to AMEND and REORDAIN Sections 6-151, 6-153 and 6-154 of
the Code of the City of Virginia Beach re permits for certain
landfill operations.
3. Request of NEWLIGHT AND ASSOCIATES for landfill permit renewal
(Permit No. VB89-260-L issued October 1989) to fill a borrow pit at
the end of Fenton Street (KEMPSVILLE BOROUGH).
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion In the form listed. If an item is removed frorn the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance authorizing the City Manager to execute a license
agreement between the City of Virginia Beach, Virginia, and the
United States Government for the existing Satellite Highway
Maintenance Yard.
2. Ordinance inviting bid proposals for the lease of City-owned
property which is a portion of relocated Great Neck Road right-of-
way under Long Creek Bridge.
3. Ordinances, upon FIRST READING:
a. To ACCEPT and APPROPRIATE a $63,613 grant from the Department
of Criminal Justice Services in the Sheriff's FY 1990-1991
Operating Budget re Electronic Offender Monitoring Program.
b. To APPROPRIATE a $25,000 grant from the Chesapeake Bay Local
Assistance Department; and, to TRANSFER $11,301 from various
sources within the FY 1990-1991 Operating Budget to the Office
of Environmental Management re Chesapeake Bay Preservation
Program.
4. LOW BIDS:
DIXIE CONSTRUCTORS, INC. Laka Gaston Water Supply $3,754,953.00
OF VIRGINIA Contract B-1
CIP 5-964
CONRAD BROTHERS, INC. Resort Streetscape $2,947,139.10
Improvement, Sec. 11,
Phase 11 - CIP 2-049,
5-966, 6-925
PRECON CONSTRUCTION CO. Resort Streetscape $693,330.00
Demonstration Construction
of Virginia Power Conduit,
Section 111, Phase 1,
CIP 2-049
5. Ordinance authorizing tax refunds in the amount of $4,303.90.
6. Ordinances authorizing license refunds in the arnount of $14,979.65.
K. PUBLIC HEARING:
1. PLANNING
a. CHESAPEAKE BAY PRESERVATION AREA REGULATIONS
1. Ordinances to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia:
(a) Appendix A, Sections 101, 102, 111 and 200 of the City
Zoning Ordinance re legislative intent, establishments
of districts and official zoning maps, definitions and
zoning lots.
(b) Appendix B, Sections 5.10, 6.1 and 6.3 of the
Subdivision Ordinance re underground utilities,
prel lminary plats and data general ly and f inal plats
and data.
(c) Appendix C, Sections 2, 3, 4, 5 and 7 of the Site Plan
Ordinance re uses requiring 5ite plan review,
procedures, information required on site development
plan, minimum standards and specifications and
variances and appeals.
(d) ADDING Section 16 re Stormwater Management Ordinance
to Appendix D.
(e) ADDING Appendix F to be known as the Chesapeake Bay
Preservatlon Area Ordinance.
(f) Section 30-78 re erosion and sediment control and tree
protection.
Recommendation: APPROVAL
(g) ADDING Maps designating geographic extent.
No Rec(xnmendation
2. Ordinance to AMEND and REORDAIN Article XXII, Chapter 2, of
the Code ot the City of Virginia Beach by ADDING Section
2-452.1 re creation of the Chesapeake Bay Preservation Area
Board.
b. Appl ication of MAX L. and PAMELA B. CROSSON for a Variance to
Section 4.4(b) of the subdivision ordinance which requires fhat
at I lots created by subdivision meet al I requirements of the
City Zoning Ordinance at 2345 S. Stowe Road (PUNGO BOROUGH).
Recommendation: APPROVAL
c. Appi ication of GALE M. and DAVID 1. LEVINE for a Chanqe of
Zonina District Classif !cation from A-36 Apartment District to
B-2 Community Bu ness District on the East side of Great Neck
Road, 580 feet more or less South of Lynnhaven Drive (2100
Marina Shore Drive), containing 21,740.79 square feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
d. Application of DOUGLAS G. DICKERSON for a Conditional Use
Permit for boarding st corner of Princess
at the Northwe
Anne Road and Jar (1437 Princess Anne Road), containing
61.7 acres (PUNGO BOROUGH).
Recommendation: APPROVAL
e. Application of HAROLD SAUNDERS 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 on the West side of Morris Neck Road, 460 feet South
of Ray Way (PUNGO BOROUGH).
Recommendation: APPROVAL
f. Application of ANDREW R. BROYLES for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires that ali
lots created by subdivision meet al I requirements of the City
Zoning Ordinance at 320 Chesopelan Trail (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
g. Ordinance to AMEND and REORDAIN the City Zoning Ordinance
re private sewage treatment facilities:
(a) Sections 111, 240, 401 and 501.
(b) ADDING Section 239.1 to Article 2.
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. CAPITAL IMPROVEMENT PLAN
E. Dean Block, Assistant City Manager
for Analysis and Evaluation
N. ADJOURNMENT
9/13/90 cmd
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 18, 1990
Following the STATE OF THE DIVISION REPORT: VIRGINIA BEACH - PLTBLIC SCHOOLS in
the School Administration Building, Mayor Meyera E. Oberndorf called to order
the CITY MANAGER'S BRIEFING SESSION of the VIRGINIA BEACH CITY COUNCIL in the
Conference Room, City Hall Building, on Tuesday, September 18, 1990, at 12:30
P.M.
Council Members Present:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert
E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Councilman James W. Brazier, Jr. (OUT OF THE CITY)
- 2 -
C I T Y M A N A G E RI S B R I E F I N G
PRINCESS ANNE ROAD CONTROLLED ACCESS
12:30 P.M.
ITEM # 33423
On September 4, 1990, City Council ADOPTED a Resolution designating Princess
Anne Road as a controlled access highway. The Resolution further directed the
City Manager to aggressively enforce the City's controlled access policy
bringing any exceptions to the City Council for consideration and to work with
the Virginia Department of Transportation to ensure a design that provides the
most restrictive access standards attainable under this policy. In response to
the City's Inquiries, VDOT has presented to City staff the results of their
evaluation of access requirements for the western section of Princess Anne Road
Phase Ill, which Is currently under construction. VDOT has proposed the
existing eighteen (18) access points on this section of Princess Anne Road be
reduced to ten. The City staff has reviewed the VDOT proposal and recommends
the deletion of two additional entrances for a total of eight access points to
remain out of the original eighteen. The City Manager distributed a proposed
Resolution and map depicting the access points to Members of City Council.
Ralph Smith, Assistant Director of Public Works, with the utilization of the
map, depicted Princess Anne Road, Phase Ill. The Bred" lines on the graphic
indicated the right-of-way limits. The ugreen" lines were the property lines
dividing the various parcels. There are a total of eighteen (18) parcels In the
Phase Ill section of the project. indicated on the graphic were green dots
which depicted the location of exisiting access points on the roadway. There
were a total of 18 existing access points. The "bluell dots were access points
proposed to remain under the controlled access policy by the State Highway
Departrnent. On July Ninth, upon the recommendation of VDOT, the City Council
concurred In the deletion of the State's limited access designation for
Princess Anne Road Phase Ill In vlew of the projected high cost of right-of-way
acquisition. The designation of Princess Anne Road as a controlled access
highway was retained. The City wants to limit access wherever possible to one
access point per parcel. The State proposes providing ten (10) access points.
The City believes eight (8) access points are adequate. The Woodhouse Property
Is a single-family residence and is landlocked. The State proposes, and the
City concurs, the need for an access point. There Is a large condominium group
served by Ivy Wood Street. There is an access point there and, of course, there
Is a street that would remain. Parkway Elernentary School has access from the
Carper Apartments and Green Run and therefore there Is not a need for an access
along Princess Anne Road. The Green Run Homes Association owns a number of
homes backing up to Princess Anne; however, there Is a green area present and
while there is one access point, there Is really not any need for an additional
access on Princess Anne Road; therefore, this access point would not be
provided.
The Parkway Shopping Center has an outparcel occupied by Exxon Corporation. The
State recommended two entrance points, one In the back that serves the rear of
the stores for trucks entering and exiting and one In the front that serves the
parking lot for customers with a through road In back of the Exxon Station.
Truck Traffic can drive around the building. They can enter through Lynnhaven.
Therefore, It Is the City's recommendation that the second entrance point be
closed to Parkway Shopping Center. Information shall be provided to
Councilwoman McClanan relative the distance from the corner to the second
entrance way.
Mr. Smith referenced the land owned by the City which was reserved for a grade
separated Interchange. The Hop-In Food Stores Plan was approved with a
temporary access; however, same has not been built by the developer and there
Is a fiv@foot no lngress-egress easement along the front. This will restrict
Hop-in having access along Princess Anne Road.
The Sentara Hospital Site has access at Titfany Lane and their development
Master Plans indicate they Intend access through Tiffany and a signalized
Intersection at Princess Anne.
- 3 -
C I T Y M A N A G E Rt S B R I E F I N G
PRiNCESS ANNE ROAD CONTROLLED ACCESS
ITEM # 33423 (Continued)
Relative the Lake Sterling Development, the City owns the right-of-way for
Ferrell Parkway/Princess Anne Relocated Interface. There would be no access,
but some grade separation.
The City proposes keeping only the main access of Sterling Montgcmery's
property which Is a land locked parcel.
The Buckner Property has a sixteen-foot farm road and the City would provide
this access when the property Is developed. Some other type of a roadway will
be needed and at that time, through planned review process, the City would be
In a position to place controls on same. The property does have access down to
Lynnhaven. There Is a second farm road on the other side of Lynnhaven and again
this 16-foot access would be allowed.
The Word of Life Christian Center has access on Lynnhaven and on Salem Road.
However, they currently have two access points along Princess Anne Road. The
State recornmended two, however, the City requests only one. The City feels one
access Is adequate to get In and out of the Church Site. One access point would
be closed. The Spence Farm has an access and another access point would be
provided.
Relative Independence and Lynnhaven under the planned acquisition, the State
has condemned property to two cul-de-sacs on Lynnhaven Parkway Phase V recently
completed between Princess Anne Road and Salem Road. The estimated combined
cost with the four property owners involved is $124,000. This land has already
been condemned. The cost to construct these two cul-de-sacs is another
$125,000. 1 f the proposed eight access points are provided, there Is no need
for the City Council to allocate the funds to build these two cul-de-sacs;
therefore, there would be a $125,000 savings.
Princess Anne Road will be basically an eight-lane divided roadway which has a
Value of Service Level C. Currently there are 17,000 vehicles traveling on
Princess Anne Road and It is anticipated by the year 2010, there will be
approximately 60 to 63,000 vehicles a day.
Mayor Oberndorf complimented Ralph Smith and the City Engineer's Office for the
excellent color coded map.
The Resolution authorizing the City Manager to notify the Virginia Department
of Transportation of acceptable access points located on Princess Anne Road
Phase til West shall be SCHEDULED for the City Council Session of September 25,
1990.
- 4 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 33424
Mayor Oberndorf advised on Wednesday, September 12, 1990, she was requested by
Andrew Burke, Director of Economic Development, to attend a meeting and the
opportunity for economic development concerning a Recreational Stadium
facility. Mr. Dave Rosenfield and Former Lieutenant Governor Richard Davis were
In attendance and Indicated they had requested the meeting to discuss their
interest In other sites In addition to the one proposed by the City of Norfolk.
The representatives of the local Sports Authority assured the Mayor they did
not have an exclusive agreement with Norfolk and were hand delivering that
advice to the Mayor of Norfolk that morning. There were no agreements at this
meeting. Mayor Oberndorf explained this topic had not been discussed by City
Council. The Mayor requested the City Staff work with the Sports
representatives and prepare an evaluation to be appropriately brought to the
City Council.
Councilwoman Parker requested an economic analysis be prepared.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 33425
Councilwoman Parker advised the City of Virginia Beach was mentioned In
NATIONAL GEOGRAPHIC and distributed the articie to Members of City Council.
ITEM # 33426
Councilwoman Parker referenced the article In the Newspaper relative the LIGHT
RAIL and Inquired whether a copy of the study would be provided. Vice Mayor
Fentress and Councilman Sessoms advised this was merely a preliminary update.
ITEM # 33427
Councilwoman Parker referenced the sale ot LYNNHAVEN MALL and the difference In
the assessment process between residential and commercial. According to Gerald
Banagan, City Real Estate Assessor, the sale appears to be for 25% Interest In
the property excluding parcels containing Leggetts and Montgomery Wards. The
tax stamps Indicated a vaiue of $13,789,799 which Is approximately 25% of the
assessed value of that portion of the property. In some cases the Clerk of the
Court will use the City assessment if sufficient data on the transaction Is not
made available. Subsequently the deeds transferred ownership of 75% of the
property to another partnership with an Indicated value of $129,375,000.
Councilwoman Parker advised the total assessed value was indicated as
$92,363,77 In Mr. Banagan Is correspondence. Councilwoman Parker Inquired
relative the discrepancy in the mall assessment and the Indications of value
associated with the transfer. This is a brand new sale and in I lght of what Is
happening in the Market place, The difference Is approximately $50-MILLION
which equates to a tax rate of approximately $500,000. Copies of correspondence
from the City Real Estate Assessor are hereby made a part of the record.
Councilman Jones referenced the majority of the business and rental property in
the City Is being valued based upon its Income.
Mayor Oberndorf advised the difference in assessment between business and
residential Is hopefully the business Is generating jobs and lncorne.
A BRIEFING w! I I be provided to City Counci I by the City Real Estate Assessor
concerning the assessment evaluation of residential and commercial sales and
Its relation to economic development.
ITEM # 33428
Counci lman Clyburn referenced the corner of Round Hill Drive and Lynnhaven
Parkway is an Intersection which al I of the school chi ldren In Salem Woods
subdivision cross. At the present time there Is no stop light or crossing guard
at this location. The residents are extremely concerned of the possibi I ity of
an accident. Next March or early Spring, the stop light Is scheduled.
Councilman Clyburn Inquired as to the possibility of expediting the
Installation of this traffic signal.
Councilman Jones also advised of the receipt of numerous citizen concerns
relative the traffic signal and requested the City Manager Investigate.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 33429
Councilman Clyburn advised the area of Alexandria has been developed In five
different phases with the fourth and fifth phase being presently under
construction. The residents are having difficulty receiving mall. Some of the
residents have been living there over six months and have not had any mall
delivered. The residents must go the Acredale Post Office to pick up their
mall. In sorne instances both husband and wife work and the Post Office is
c I osed by the t ime they are I eav I ng work. The ma i I I s kept on I y f or three days
and then returned. The residents have met with Postal Officials and nothing
has been resolved at this time.
Mayor Oberndorf referenced receipt of numerous correspondence relative this
situation and had forwarded all concerns to Post Master Joseph Raia with the
only response being the Installation of "cluster mailboxes".
ITEM # 33430
Councilman Baun referenced concerns of farmers relative parking of the City's
heavy equipment In Blackwater. Each day after work, this equipment is parked
along the side of the roads. There are preferable locations to park, i.e. City
property.
ITEM # 33431
Councilman Baum referenced an Ordinance to AMEND and REORDAIN Sections 6-151,
6-153 and 6-154 of the Code of the City of Virginia Beach re permits for
certain landfill operations (See Item 1.2 under RESOLUTION/ORDINANCES.)
Councilman BaLn distributed an AMENDED version eliminating the words "wetlands
or floodplains" and the sentence: "The terms "wetlands" and "floodplains" shall
be defined as set forth In Sections 1401 and 1201 of the City Zoning Ordinance,
respectively." The words "marshlands" or "lowlands" shall remain.
ITEM # 33432
Councilman Lanteigne referenced the copy of correspondence to the Regional
Census Center from the City Manager relative the on-base military dwelling
units which contribute to the City's concern about the preliminary count.
The City Manager advised when the count was determined the location of the
barracks at Little Crook was Investigated as to whether they were in Norfolk or
Virginia Beach
ITEM # 33433
Councilman Lanteigne advised of concerns from City Employees who are also in
the Military Reserve. A memorandum distributed reflected the process of
employees called to active duty. Portions of the memorandum requested the
payment of the lndividualls accrued vacation or compensatory time. Some of the
employees, to Councilman Lanteigne's understanding, have been asked to submit a
letter of resignation. The Sailors and Soldiers Act is covered under Chapter
43, Title 38 of the United States Code. Councilman Lanteigne advised because of
the psychological stress of being called to active duty, employes would prefer
to have their accrued vacation and compensatory time on the books which would
provide "peace of mind" and give the employee a sense of security.
The City Manager advised he would be most pleased to confer with any City
Employee relative their preferences. This would save the City funds and he will
examine this possibility. Under the Sailors and Soldiers Act, the Reservist
must be guaranteed the return of his job. The City Manager advised he had gone
further than the requirements of the Act by providing an orderly transition for
Health Insurance for their familles. There Is no problem with the City
supporting the Military Reserve. The City Manager will investigate the problem
which seems to have occurred In a particular Department.
- 7 -
ITEM # 33434
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf In the Conference Room, City Hal I Building, on
Tuesday, September 18, 1990, 1:20 P.M.
Council Members Present:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessorns, Jr.
Council Members Absent:
James W. Brazier, Jr.
- 8 -
ITEM # 33435
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use ot reai property for public purpose, or of the
disposition of publicly-held property pursuant to Section 2.1-344(A) (3).
To-Wit: Potential location of a sports and recreational facility in the
City of Virginia Beach.
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed Into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. BaLrn, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 18, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CI TY COUNCIL In the Counc i I Chambers, City HAII Bu IIdi ng, on Tuesday,
September 18, 1990, at 2:00 P.M.
Council Members Present:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert
E. Fentress, Haroid Heischober, Louis R. Jones, Paul
J. Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms
Council Members Absent:
James W. Brazier, Jr.,
INVOCATION: Reverend Michael Hurt
Virginia Beach Community Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
Item IV-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33436
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council CERTIFIED THE EXECUTIYE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
only public business matters lawfully exempted frorn
open Meeting requirernents 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. BaLin, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 33435
Page No. 8, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHERF-AS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that suc-h 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.
Ruph Hodges Sfnith,-CMC/AAE
Ci-ty Clerk September 18, 1990
item IV-F.l.
MINUTES ITEM 33437
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes ot INFORMAL AND FORMAL SESSIONS of September 4,
1990.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
- 12 -
Item IV-G.
ACCEPTANCE OF BIDS: ITEM # 33438
Mayor Oberndorf CALLED FOR THE BIDS in the Council Chambers, City Hall
Building, on Tuesday, September 18, 1990, at 2:00 P.M., for service as Lessee
and Nominal Lessor to effect financing of certain parcels of property adjacent
to the Municipal Center (Judicial Center).
Only one Bid was received.
FIRST UNION NATIONAL BANK
$2,500 (Plus any out-of-pocket expenses)
The BIDS WERE CLOSED.
David H. Klinges, Jr., Sr. Vice President, Shearson Lehman Brothers, Inc.,
advised his firm had been selected to work as the City's Senior Management
Underwriter for a Lease Financing intended to be offered in the marketplace
next week. A formal procurement was necessary to select the Lessor for that
Lease Financing. It is necessary for City Council to authorize the distribution
of the Preliminary Offering Statement, so prospective investors can begin their
review.
- 13 -
Itein IV-H.I.
AWARD OF BID FOR FINANCING
OF THE JUDICIAL CENTER ITEM # 33439
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing a lease of property to FIRST
UNION NATIONAL BANK to effect the financing for a
project involving the construction of a Judicial
Center in the Virginia Beach Municipal Center
Complex.
Voting: 9-0
Council Members Voting Aye:
John A. Baun, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
James W. Brazier, Jr.
*Councilwoman McClanan ABSTAINED and declared pursuant to Section 2.1-639.14(E)
of the Code of Virginia, her son was employed as a sLEnmer intern by Shearson-
Lehman Trust, wholly owned subsidiary of Shearson Lehman Hutton and earned in
excess of $10,000.00 annually. Therefore, this Interest meets the criteria of a
personal Interest in the transaction under the Conflict of Interest Act.
Shearson Lehman Hutton Is the underwriter for the lease purchase financing of
the Judicial Center. Councilwoman McClanan's letter of September 17, 1990, is
hereby made a part of the record.
cit@ C),f @t-g4i@iet IE3@@@171
MUNIC IAL CE.TER
VIRGIN A BE@CH. V@ 23@56 90@
LESLIEL LILLEY (BN) @27 @531
CITY ATTORNEY FAX (801) 126 5681
September 17, 1990
Councilmember Reba McClanan
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict Of Interests Act opinion: Relating
Distribution of Preliminary Offering Statement
to Issuance of Certificates of Participation for
Financing of Judicial Center and Award of Bid for
Services as Lessee for the Financing of the Judicial
Center
Dear Mrs. McClanan;
i am writing in response to your request for an opinion as to
whether you mliy participate in the consideration of two items on
the September 18, 1990 City Council agenda:
1. The authorization of the distribution of the preliminary
offering statement relating to the issuance of
certificates of participation for the financing of the
judicial center; and
2. The award of the bid for a lessee for the financing of
the judicial center.
Summar Conclusio--
From my review of the Conflict of Interests Act and the
information provided by you as referenced below, I am of the
opinion that you have a personal interest in the above-referenced
transactions of the Virginia Beach City Council by virtue of your
son's annual salary in excess of $10,000 received from Shearson-
Lehman Trust. Since Shearson Lehman Hutton is ultimately to
purchase the certificates of participation as an underwriter for
the lease purchase financing, it is my opinion that you are
disqualified from participating in the transaction to authorize the
distribution of the preliminary offering statement as well as the
Councilmember Reba McClanan -2- September 17, 1990
award of the bid to toe lessee. I have set out the disclosure
requirements of S 2.1-639.14(E) at the end of this letter.
I base the aforesaid conclusions on the following facts and
discussions.
Facts Presented:
Your request for an advisory opinion is generated by your
son's summer employment with Shearson-Lehman Trust. You advise
that your son earned more than $10,000 during the course of the
year through his employment with Shearson-Lehman Trust. For the
purposes of ttiis opinion, I have assumed your son resides in your
household and is a dependent. Additionally, I am informed that
Shearson-Lehman Trust is a wholly owned subsidiary of Shearson
Lehman Hutton. Shearson Lehman Hutton is an underwriter for the
financing of the judicial center.
On September 18, 1990, the City Council will consider a
resolution to authorize the distribution of the preliminary
offering statement dated September 12, 1990 so prospective
investors can begin their review.
The Council will also consider an ordinance to award the bid
for services as a lessee. The grant of a leasehold interest is one
of the requirements for the issuance of the Certificate of
Participation. The leasing company will lease the property back
to the City pursuant to a lease agreement for use as a judicial
center.
Issue:
Are you precluded from participating in the following
transactions on the Council agenda for September 18, 1990 because
of your son's employment with Shearson-Lehman Trust:
1. The authorization of the distribution of the preliminary
offering statement; and
2. The award of the bid to the lessee for the financing of
the judicial center?
Discussion:
I. Applicable Definitions:
A. City Council is a governmental agency, as it is a
legislative branch of local government as defined in SS 2.1-639.2
councilmember Reba mccianan -3- September 17, 1990
of the Virginia State and Local Government Conflict of Interests
Act.
B. You ire an officer within the meaning of SS 2.1-639.2 of
the above-referenced Act.
C. "Personal interest" is defined in SS 2.1-639.2 as being a
financial benefit or liability Which accrues to an officer or to
an immediate family member. The interest exists by reason of one
of five categories-specified therein, cne of which is a salary paid
or provided by a business that exceeds $10,000 annually.
E. A "personal interest in the transaction" means a personal
interest, as defined above, in any matter considered by an
officer-s agency. it is further defined in SS 2.1-639.2 as existing
,.when an officer ... or a member of tis immediate family has a
personal interest in property or a business ... and such property
tor] business ... (i) is the subject of the transaction or (ii)
may realize a reasonably foreseeable direct or indirect benefit or
detriment as a result of the action of the agency considering the
transaction."
F. "Immediate family means (i) a spouse and (ii) any other
person residing in the same household as the officer ... who is a
dependent of the officer ... or of whorn the officer ... is a
dependent."
G. "Dependent means a son ... if such person receives from
the officer ... or provides to the officer ... more than one-half
of his financial support."
ii.
A. Personal Int rest
In the facts presented, your son has a personal interest in
Shearson-Lehman Trust because he has received in excess of $10,000
annual salary from the business. Your son's interest is imputed
to Shearson Lehman Hutton as the parent corporation to Shearson-
Lehman Trust.' Since your son has a personal interest, as defined
above, and he is a member of your immediate family, you have a
personal interest.
B. Person the Transaction
You have a personal interest in the transaction because
Shearson Lehman Hutton is an underwriter for the financing of the
'See 1983-84 Report of the Attorney General 51.
Councilmember Reba McClanan -4- September 17, 1990
judicial center which is the subject of the transaction before City
Council.
III. Disclosure Requirements of Section 2.1-639.14(E)
Based on the fact that you have a "personal interest in the
transaction", SS 2.1-639.11(1) applies and you must disqualify
yourself from participating in both the authorization of the
distribution of the preliminary offering statement and the award
of bid to the lessee since Shearson Lehman Hutton is an underwriter
for the judicial center project. You must disclose your personal
interest in accordance with SS 2.1-639.14(E). Enclosed please find
a declaration form. You must make disclosure of the existence of
your interest to the Clerk of City Council, and such disclosure
shall be reflected in the public records of the council for five
years. Such disclosure may be made verbally in public session or
by filing the enclosed form.
As a final note to any conflict of interest opinion, Section
2.1-639.18(c) provides that a written opinion of the City Attorney
made after a full disclosure of the facts, is advisory and
admissible as evidence that the local officer did not knowingly
violate the Act, while a favorable opinion of the Commonwealth's
Attorney as the enforcing officer of the COIA, provides immunity
from any alleged violation. If you choose to seek an opinion of
the Commonwealth's Attorney, I will be pleased to assist you in
that regard.
Please contact me should you desire any additional
information.
Very truly yours,
e
C.ty Attr
LLL/EEF/awj
Enclosure
cit@"f -Vijrwi@i@ IE3@eL@"
MUNICIPAL CENTER
LESLIEL LILLEY V RGINI@ BEACH, VA 23156 9004
CITY ATTO@NEI (n4) 427 4531
FAX (804) 426 5687
September 17, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
city Clerk
Municipal Center
Virginia Beach, VA 23456
Re: DisclOsure pursuant to SS 2.1-639-14(E), Code of Virginia
Dear Mrs. Smith:
Pursuant tO the virginia Conflict C)f Interests Act, Section
2.1-639.14(E), COde of virginia, I make the following declaration:
1. The transactions for which I am executing this written
disclosure are: 1) The ordinance awarding the bid for
services of a lessee for the financing of the judicial
center; and 2) The resolution authorizing the
distribution of the preliminary offering statement
relating to the issuance of certificates of participation
for the financing of the judicial center.
2. The nature of my personal interest is my son had summer
employment with Shearson-Lehman Trust, a wholly owned
subsidiary of Shearson Lehman Hutton and earns in excess
of $10,000 annually.
3. Shearson Lehman Hutton is the underwriter for the lease
purchase financing of the judicial center.
4. The City Attorney has advised me that i am required to
disclose this interest as it meets the criteria of a
personal interest in the transaction under the Conflict
of Interests Act. I wish to disclose this interest and
declare that I am disqualified from voting on both the
authorization of the distribution of the preliminary
offering statement relating to the issuance of
Mrs. Ruth Hodges Smith -2- September 17, 1990
certificates of participation and the award of the bid
for a lessee for the financing of the judicial center.
Accordingly, I respectfully request that you record this
declaration iri the official records of the City Council. I have
enclosed an ol)inion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
@,k
Reba McClanan
Councilmember
Rm/awj
Enclosure
1983-1984 iti@POIZT OF Tfif". ATTOITNEY G
AL
COMPREIIENSIVE CONFLICT OF INTERESTS ACT.
,,c 0, other COMMISSION MAY NOT BE AWARDI-'.D TO COMMISSION
p SONAL
t, ca,,, th@ @ife's ENTITY IN WI]ICII COMMISSION MEMI]Elt IIAS PEIZ
f the @@mber in h.r
, which com@ bef.re August 24, 1983
qualify hiMSCif fr.m The Honorable H. Bryan Mitchell, Ex@cuti,e Director
per,onal inte,est- Virginia Histori@ Landmark@ C.,nmi@ion
.nner t- th- p,e@ent to yo., @c nt I tte, r g rding the application of the
zw orfi@i@@il inter@lt, This is in reply c a
-,.rt -f th@ Ati.r@@y Comp,@h@n@@. C.nrli@t of 1@t.,cst,, Act, 2.1-599 th,o.gh 2.1-634 Of the Cod. of
the
,ad r egm n' 01 Vi,ginia (the "Act"). Yo. h.@c ask.d @h@the, a ember of the Vi@ginia Historic
l,andmarks Commis@ion (the "C.m.issi.n") is pr.hibited f,om having an interest in a
@9.3 ort ,the
on., @as sed in th. gr.nt w.rd@d by the State Hist.ric Prese,vation Officer. You have d@s.d that the
d grant a@a,ds a,c outin@ly made in th@ n.me or the Commission.
.rmer Act") lep@ale
that the @hange -f
-ication, fr.m "nOt Of Section 2.1-605(A) prohibits an officer or employ@e of any governmental agency of
,ccifi @hich would includ. a m.mbe, of the Commission, from having a
, @pplication" in Stat. gover.m.nt,
larify the idcntifying personal int@rest in a co4itract with his o@n governmental agency, other than his own
MS. contract of empi.yment.1 A Commission m@mber ould have a "p@rsonal interest" in a
@ontract @ith his ,g@ncy if (1) h. i., . P.,ty to the @.ntract r (2) h. has a per@onal
that where decision@ interest in a fir., corp.r.tion, part@@,ship or ther b.sine@@ ntity @hich is a party to
ry or other empl-Ye- the cont,a@t. Section 2.1-600. 'Phe,efore, if the Commission member is an applicant fcr
,tion becomes -nc Of a grant a@a,ded by the Commi@ion, h@ wo.ld h.@e a p.,sonal intere@t in a contract with
fication requirements his own agency. Lik@@ise, if a Commission mc,,pb@r has a "p@,sonal int.rest" in a firm,
... poration, partnership or other b,isine,@ @ntity' @hi@h is a recipi@nt of a g,ant made by
the Co.mi@sion, th. Commission me,nb@r @o.id ha@c . person@l int@re@t in a e.ntract
ay come b.f.re the ith his .@n agen@y. Any @u@h "p@rsonat interest" in a c.ntract @hich accrues to a
C..mission m.mbe, is prohibit@d u@icss specifically exe.pt@d by th@ Act. I am unaware
of any exception @hich @o.ld apply in th@ circ,@mstances you have d@s@ribed.
scho.1 system, Accordingly, I m of the pini.n th.t i Commis@ion memb@r may ot ha@c a
p,,sonal inter@t in . g,.nt q@ard@d by the C.,nmi@.,i.n.
@rance, etc.,
contract, salary, etc., ithis prohibition does not apply to member. of advisory agencies such as the State
;alary, etc., c.nce,n a Re@ie@ Board @hi@h was the subj@ct f , pre@io.s Opini.n to you dated J.ly 27, 1983.
fe, th@n th. matt-I -@ S.@h p@r@.n.1 int@r.@t ..@ld @.i.,t by r@.s.n f (1) n o@n@,ship int.r.@t f m.,e than
.r@ nd disqu-tifi@ftti-n thlee p@r,@nt of th@ tot.1 @uity r @u@h entity; (2) ine.m@ rr.m th@ entity i. ..cess f
cmber', @ife i,@ n.t a SIG,000 p@r y@.,; ind (3) pcr.oni li:,t,ility on b@h.If f the @ntity i. of th,@c
, t@.cher @.,tiCililti-n p@r-nt f th@ I.t.1 a,@@t@ of ,u@b @@tity. S-ti.n 2.1-600.
1-610 t, cf,ain from
COMPREHENSIVE CONFLICT OF INTERESTS ACT. PERSONAL INTEREST IN PARENT
COMPANY CONSTITUTES PI.'RSONAL INTERIIST IN ITS WIIOLLY-OWNED
th.t s.ch ficts did n.t SUBSIDIARY.
r @@poti@. b.t@-n
J@ly 6, 1983
overnmental agency for
The flonorable Robert E. K.@.Isky, Jr.
79, @r-. C-mmonwealthl s Atto,n@y for the City of Chesap.ake
This is in reply to y.ur lette, of June 24, 1983, equesting an Opinion regarding the
application of the newly enacted C.mprehensive Conflict of Interests Act, SSSS 2.1-599
thlough 2.1-634 of the Code of Vi,gini. (the "Act"). You ha@e advised that one of the
1983-1984 REPORT OF TI[] 1983-1994 REP(
be,s of the Chesapeake Rede,elopm,nt .@d A,,th.,ity (th@ "A.th.,it,")
employed by MMM Desig. G,G.p Iiis S,,],,,y .,,"d., $10,000 pe, y@-1.
and Gregg, Ltd. ("Baldwin and Gregg"), a re"ntly ,cqt,i,@d, h.ily .@n,,d
MMM, has p,ovided engince,ing services for the A,,thority for o,,@ y@.,s. The @e,,@,@ TT,, Vi@ian E. Watts
owns n. stock in nor d.es he receive ny s,,Iary r,.m T3,,Idin ,.d G,,gg. Y.. h.,, ,,,: f Delegat.s
whether the continued @mploy.ent f Baid@n ind C.,@gg by th@ Auth.,ity @..Id 5, i- hnve 2isk@d ir the prov
violation of the Act. ,rt,,in ii,@loqu,cs by members
Section 2.1-607(A) p,ohibits an ofricer or an employ@@ of any g.v@,n,@ental I .. lving ..@i@g change@, are
of local go@cr@.c@t, @hi@h @.,,Id in@l.d. . m@mb@r r the A.th.rity, fr.. havi@g C.@,pr@h@nsive Conriiet of Inter,
pe,.,.nal i@ter@st in . c.ntr.ct @th th@ ,g@ncy r hich h. i, n ffi-, r @mpt.,,, "q,,,,t by n@ @ho mak.@ a camg
other th.n hi@ .@n c.nt,a@t or @mpl.y.@nt. 13.@ ... @ f hi@ r-@@i@g m.,@ th.@ $10,00,) 15.1-73.4 req.ire@ .
per year from M@M.M, the memb.r ould h.@@ a p@,@.nql int@,.@t i@ MMM.1 Th.
then becomes whether a personal i.t@r@@t in MMM (and it, @ontr.,ct@) @.n.,tit@tes @,h pop,,I,,ti.n i. f 240,000
interest in Baldwin .@d C,@gg (.@d it, @.ntr.@ts).2 This Ofri,c h.@ h@ld, in a @imil.7 t. mak@ full disclos@
h@,@ i. -,tain ..ning tr@
,it,,.ti.n, thit b-.@,c thc p,,r,@t c..p;,@y w.@d ,II th@ @.tinf,' t.lk F tl,@ @b,,idi@, .,Ii.n ,., .,igin.Ily @na@.t@,d
and co.troll@d th@. s,,b@idi.ry, . St:,t. rri,c, wh. h.,d fin,,n,i:,] i@ !@., -,,@n,t,d r
,, Ch. 54, A@t@ or
parent company ,I-,o h.d . ..teri:@l int@r@st in th@ h.Ily .@n@d @hich fir@t nact@d tb
theref.re, c.nt,.@ts b@tw.en the sub@idiiry i@d the office,'s ag@n@y p,ohibit,d.' A,,c ... t,15- f 1970. Section 2.1-3
Likewise, I am of the opi@ion that b@ea.se Baldwin a.d Gregg is a @h.Ily by Ch. 410, Acts of Ass
subsidiary of MMM, a personal interest in MMM @onstitutes . p@,,onal inter@,,t i@ 13.1d,:-
and Gregg, and therefore, contracts bet"on the Authority a@d B.Id-in and (@@regg "@l@h@ C,@n.ral Asse t
be prohibit.d by the Act.' pplic.bi. to all Statltd
For the same reasons @hich prohibit the p@r ... al i@tc,e.,,t in th@ @o.tri@t, I lm ,f f interests sc
the opinion that the member would have a personal i@te,@st in any tr..s.@ti.n b@f.r, may be tiniform
Authority relating to Bald,in and G,@gg. If such a trans.ction be one or "specirl, ,h@,11 r@peal and supersede a
.,,Iinances which purport I
application," the member would, therefore, be requir@d t. @omply @ith th. di@@lo@ur, @rd in@.@,istent @ith this chapt,
disqualification requirements of 9 2.1-610.5
A, int,.dt,@.d, the 1983 Cc
@ pr.,ision rcarfi,mine
iSee 9 2.1-600 which provides that a "per@.nal int@r,st" sh.11 e.,i@t, int@, ,Iia. b, n,l I,, ,,p,@r@de .11 other acts, c
ilic follo@ing language
,eason of income in excess of $10,000 per year from . c.rp.ration, firm, er@h,p @:
oth r business entity. "N.tt,ing in this @a@, sha
ection 2.1-600 d.fines "personal interest in a contract" as "a per@o@al inte,@st @hi,t or regulations,
an officer or ..ployee ha, in a contract @ith . g.@.rnmental age.cy, @h@ther d.@ t. I;,
being a party t. the c.ntract or du. to a personal int.r.st in the firm, c.rp.r.ti@n, :,gency, including I
i,,
'2.1-C,04 thro.gh 2.1
partne,ship or other business entity @hich is a party to th. co.t,.Ct." or such agen@
3See 1979-1980 Repo,t of th. Att.rn.y C.neral at 375 (con.,tr.ing 5 2.1-349(a)(1) @ith the provisi
the Viginia C.nflict of Interests Act, SSSS 2.1-347 through 2.1-358, r.p@.led by Ch. 410,
Ac of Ass..bly of 1983). s @ould have contin
r.ecause of th@ @e@b@,'s ha@ing autho,ity to p.rti@ip.t@ i@ the p,.C.r@.ent Z!,, ltill p,,,.,@d the Senat., howe
letting of th@ cont,act n b.half r hi@ gency, th@ @.@.ption e,eated in S 2.1-608(A)(;) C.mmittee R.port o
wogld not apply. :k@.g.mbly of the specif
Section 2.1-610 pro,6dcs, in p.rt: "Each ffi@er ... or local go@ernme@ta!
agencies ... sh.11 di@q I f the langu.g. p@ovidi
-alify hims.If from pqrti@ip.ting in iny tran,.,,ti.n n beh.If of his I,. I.,,,Iing ith @.nriict or in!
agen@y h@@ (i) h. ha. a p@,@on.1 i.t@r@st i@ th@ t,-,,@,la@tion ,nd (ii) th@ transa@tion @.. .... I,,,,nt by ..y th@r go-rn@
specific ppli@ation to hi., per@.nal int@ ... t. li@ shlil n.t @.t@ ., in any @anner act o'. ..fli,t ,,.ttcr,.
behalf of his ag.@cy in such tl.ns.cti.n of @p@ifi@ ppli@.tion ,@d hi@ di@qu.lificati@.,.
shall be noted in the ec.,d. of the ag.n@y." A".rdi.gly, ven though e
ii 1, ppr.priite h@r@ @here the
ti,@r@forc, of the -I)i@ion th-
COMPREHENSIVE CONFLICT OF INTI@RESTS ACT. SUPFRSFDF-,S ALL OTHER 1,AWS S 15.1-73.4 nd th
RELATING TO CONFLICT MATTERS. Your second in,
matter bec.use the
1 AN ORDINANCE AUTHORIZING A LEASE OF PROPERTY TO
2 FIRST UNION NATIONAL BANK IT SUCCESSORS OR
3 ASSIGNS, TO EFFECT THE FINANCING FOR A PROJECT
4 INVOLVING THE CONSTRUCTION OF A JUDICIAL CENTER
5 IN THE CITY OF VIRGINIA BEACH, VIRGINIA
6 MUNICIPAL CENTER
7 WHEREAS, the Council of the City of Virginia Beach,
8 Virginia (the "City"), having received bids pursuant to
9 advertisement in the manner prescribed by law, from bidders in
10 amounts set forth on Exhibit A hereto, to act as lessee under a
11 lien to effect the lease/purchase financing of the construction of
12 a judicial center in the City's Municipal Center Complex, which
13 bids have been read aloud, and terms of which are shown in the
14 bidding documents on file in the office of the City Attorney; and
15 WHEREAS, the Council has, after having followed
16 procedures required by general law, conducted a full analysis and
17 consideration of the technical ability, financial condition, legal
18 qualification, and general character of said bidders; and
19 WHEREAS, the Council, after such consideration, analysis
20 and deliberation, has approved and found sufficient the ability,
21 financial condition, legal qualification, and character of the
22 hereinafter named bidder as the bidder who provides the lowest
23 overall cost to the City to effect the lease/purchase financing;
24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City
25 of Virginia Beach, Virginia, that it is the intention of the City
26 to grant a lease for a period not to exceed forty (40) years to
27 First Union National Bank its successors or assigns, upon the terms
28 and conditions of a Prime Lease dated as of October 1, 1987,
29 attached hereto as Exhibit B, as supplemented and amended by a
30 First Prime Lease Amendment dated as of September 1, 1990,
31 substantially in the form attached hereto as Exhibit C,
3 2 (collectively, the "Prime Lease"). The Prime Lease being one of
33 the documents providing for the financing of construction of a
34 judicial center in the Virginia Beach municipal center complex.
35 Adopted by the Council of the city of Virginia Beach,
36 Virginia, this 18 day of September 1990.
APPROVED AS TO CONTENTS
37 CA-3927 SIGNATURE
38 R-1
39 \ordin\noncode\Center.ord DEPARTMINT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
@, 1-
CITY ATTORNEY
2
Exhibit A
Name of Bidder Bid
First Union National Bank $2,500.00 plus
Out of Pocket
Expenses
2 11 1 4.4 3 1 4 Exhibit B.
u
PRIME LEASE
THIS PRIME LEASE, dated as of October 1, 1987, between the
CITY OF VIRGINIA BEACH, VIRGINIA, a Virginia municipal corporation
(the City), as lessor, and First Union Commercial Corporation, a
North Carolina corporation (the Leasing Company), as lessee;
W I T N E S S E T H:
WHEREAS, the Leasing Company desires to acquire a leasehold
interest in certain real property and'provide funds through the
proceeds of Series of 1987 Certificates, as defined in the herein-
after mentioned Trust Agreement, for the acquisition of such real
property to be used by the City to expand its municipal center com-
plex, and lease such real property to the City pursuant to a Real
groperty Lease Agreement dated as of the date hereof (the Lease
Agreement), and the City proposes to enter into this lease with the
Leasing Company in order to enable the Leas.ing Company to implement
such proposal; and
WHEREAS, the City, the Leasing Company and Signet Trust Compa-
ny, Richmond, Virginia, have entered into a Trust Agreement dated
as of the date hereof (the Trust Agreement) to provide the terms
for the issuance from time to time of Certificates, as defined
therein, to provide funds for the acquisition of such real property
and for any improvements which may be constructed or placed thereon
from time to time;
NOW, THEREFORE, for and in consideration of the mutual Cove-
nants hereinafter contained and other valuable considera-tion, the
parties hereto covenant and agree as follows:
Section 1. Lease of Property. The City hereby demises and
leases to the Leasing Company, and the Leasing company hereby
leases from the City, the real property described on Exhibit A
hereto. Exhibit A may be amended from time to time pursuant to a
Modification Agreement, as hereinafter defined, to add any of the
additional real property described on Exhibit B hereto or, in the
event that the Series of 1987 Certificates are no longer outstand-
ing pursuant to the Trust Agreement, to remove from this Lease any
or all of such real property described on Exhibits A or B hereto,
on which no improvements have been placed which were financed by
the issuance of Additional Certificates, as defined in the Trust
Agreement, upon the terms and conditions hereinafter set forth.
"Property" shall mean the real property described on Exhibit A as
it may be amended from time to time, and any improvements which may
be constructed or placed thereon from time to time. The Leasing
Company acknowledges and agrees that the City shall at all times
retain fee simple title to the Property and at no time shall fee
simple reside in the Leasing Company.
@K2 8 I 0 3 1 5
Section 2. Term. The term of this Lease shall commence on
the date of its delivery and shall expire 40 years from the date
hereof, unless such term is sooner terminated as hereinafter pro-
vided.
Section 3. Ren-lal. The Leasing Company has paid to the City
as and for rental hereunder the sum of $10.00 and other valuable
consideration upon the execution of this Lease, receipt of which is
hereby acknowledged, representing rental of the Property in advance
for the term of this Lease.
Section 4. Purpose. The Leasing Company shall use the Prop-
erty solely for t-Ee purpose of leasing it to the City pursuant to
the Lease Agreement, as well as for such purposes as may be inci-
dental thereto.
Section 5. Title to Pror)erty. The City represents and war-
rants that it is the owner in fee simple of the Property as it ex-
ists on the date of execution hereof and that it will be the owner
in fee simple of such real property that may become part of the
Property from time to time.
Section 6. Assignment and Sublease. The Leasing Company may
assign its rights under this Lease or sublet the Property without
the consent of the City only (a) in connection with any assignment
of its rights under the Lease Agreement, (b) if the Lease Agreemen,
is terminated for any reason, or (c) if an "event of default,' as
defined in the Lease Agreement, has occurred and is continuing.
Section 7. Amendments to Lease. The Leasing Company hereby
agrees to join in any modification Agreement (and appoints the Cit
its attorney in fact to take any action necessary to effect such
Modification Agreement, including executing such Modification
Agreement on its behalf) to provide:
(a) For the adding of any of the additional real prope-
ty described on Exhibit B to Exhibit A hereto. The term Propert@
shall include any such additional real property.
(b) In the event the Series of 1987 Certificates are no
longer outstanding pursuant to the Trust Agreement, for the releas..
from the terms of this Lease any or all of the Property on which 7
improvements have been placed which were financed by the issuance
of Additional Certificates.
(c) In the event Additional Certificates are issued, the
Leasing Company shall assign an undivided pro rata interest in this
Lease to any additional lessee who is to be the Leasing Company fcr
purposes of the issuance of such Additional Certificates. Upon th,
execution of any such Modification Agreement, the term Leasing
Company shall include any such additional lessee.
-2-
EY, 2 rc, 0 3 1 b
(d) At any time when all Certificates of any series are
no longer outstanding pursuant to the Trust Agreement, for the re-
lease of t@e Leasing Company for any such series of Certificates
from all obligations hereunder and the terms of this Lease as a
Leasing Company. The City and the Leasing Company agree to execute
any instruments necessary to perfect such release.
Section S. Deed of Trust. The City consents to the granting
of the Deed of Trust dated as of the date hereof (the Deed of
Trust), from the Leasing Company to Walter F. Witt, Jr., and
Patrick J. milmoe, as trustees, on the leasehold estate created by
this Lease in order to secure payment of the rental payments pro-
vided in the Lease Agreement. The Deed of Trust may be modified
from time to time pursuant to a Modification Agreement to conform
to any modifications in this Lease pursuant to Section 7.
Section 9. Fees and Expenses. The City shall pay all reason-
able expenses of tlie Leasing Company arising out of the transac-
tions contemplated by the Basic Agreements,, as defined in the Lease
Agreement.
Section 10. Termination. (a) In the event the City makes
ail of the rental payments provided for in the Lease Agreement the
leasehold estate of the Leasing Company hereunder shall be trans-
ferred, conveyed and assigned by the Leasing Compahy to the City
and shall be terminated through merger of the leasehold interest
with the fee simple interest in the Property, and the Deed of Trust
shall be released. The Leasing Company agrees, upon such transfer,
conveyance, assignment and termination or upon expiration of the
term hereunder, to surrender the Property to the City and, upon the
request of the City, to execute an appropriate instrument
evidencing such transfer, conveyance, assignment and termination.
(b) The City shall not have the right to exclude the Leasinc
Company from the Property or take possession of the Property (othe,
than pursuant to the Lease Agreement) or to terminate this Lease
prior to the expiration of its term upon any default by the Leasir:
Company hereunder, except that if, upon payment by the City of all
amounts specified in Section 4.13 of the Lease Agreement and other
sums payable under the Lease Agreement, the Leasing Company fails
to convey its leasehold estate hereunder to the City, then the Cit--,
shall have the right to terminate this Lease, such termination to
be effective 30 days after giving notice of such termination to the
Leasing Company. However, in the event of a default by the Leasing
Company hereunder, the City may maintain an action for damages or
for specific performance.
Section 11. Ouiet Enloyment. Subject to Section 10(a), the
Leasing Company at all times during the term of this Lease shall
peaceab'ly and quietly have, hold and enjoy the entire leasehold
estate-r-reated hereunder.
-3-
0 3 1
Section 12. Lease Back to City. Contemporaneously herewith
the Leasing Company will execute the Deed of Trust and the Leasing
Company and the City will execute the Lease Agreement whereby the
Leasing Company will lease back its leasehold estate in the Proper-
ty to the City subject to the Deed of Trust, and the City will
lease the same from the Leasing Company, all in accordance with the
Lease Agreement. The Lease Agreement requires the Leasing Company
to transfer, convey and assign to the City its leasehold estate
hereunder upon payment of the purchase price or upon completion of
all required rental payments.
Section 13. Notices. All notices to be given under this
Lease shall be in riting and shall be deemed to have been given
when delivered in person or when mailed by first class registered
or certified mail, postage prepaid, addressed (a) if to the City,
at Municipal Center, virginia Beach, virginia 23456 (Attention:
Finance Department), or (b) if to the Leasing Company, at First
Union Plaza - CORP-9, Charlotte, North Carolina, 28288 (Attention:
P. Scott Nagelson).
Section 14. If any provision of this Lease
shall be held invalid by any court of competent jurisdiction, such
holding shall not invalidate any other provision hereof.
Section 15. Successors and Assigns. This Lease shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective successors and assigns.
Section 16. ApT)licable Law. This Lease shall be governed by
the laws of the Commonwealth of Virginia.
Section 17. . This Lease may be executed in any
number of counterparts, each of which shall be deemed to be an
original and all of which together shall constitute but one and t@.,
same Lease.
-4-
IN WITNESS WHEREOF, the parties have caused this Lease to be
duly executed as of the date first above written.
CITY OF VIRGINIA BEACH
FIRST UNION COMMERCIAL
CORP;F71V
By
Assi@tan vice President
STATE OF VIRGINIA
LAY.
The foreqoing instrument was aqknowledged before me in
Y@40.1-IAj @ Virginia, this /@ day of October, 1987, by
Thofflas H. Muehlenbeck, City Manager of'the City of Virginia
Beach, virginia.
my commission expires:
Notary Publi
STATE INIA
u
h oregoing instrum7snt 14 acknowledged before me in
_L@ _, Virginia, th -L-day of October, 1987, by
p 'gcojqt Nagelson, Assistant Vice President of First Union Com-
merci@i cor oration.
My commission expires: fh
N ry Public
2 'U' l' un 2 0 Exhibit A
PARCEL I
All that ceitain lot, tract or.parcel of land
together wiloh improvements thereon belonging,
lying, situated and being in the City of
virginia Beach, Virginia and desiqnated and
described as "PROPERTY TO BF ACQUIIED AREA =
3.107 ACRES" as shown on that certain plat
entitled: "PLAT SHOWING PROPERTY TO BE
ACQUIRED BY THE CITY OF VIRGINIA BEACH
VIRGINIA H
PRINCESS ANNE BOROUGH--VIRGINIA BEAC ,
SCALF: 1"=50' DECEMBER 8, 1986
ROUSE-SIRINE ASSOCIATES, LTD. SRJRVEYOR.S-
ENGINEERS-PLANNERS VIRGINIA BEACH, VIRGINIA."
For a inore particular description of said
property, reference is hereby made to said
plat which is recorded in the Clerk's office
of the Circuit
Court of the CitY of Virgin'ia
Beach, Virginia, in Deed Book 258i, at page
1280.
It being the same property conveyed to the
City of Virginia Beach, a municipal
corporation, by Order of the Circuit Court of
the City of Virginia Beach, Virginia, dated
December 3 1, 1 9 8 6 ,and recorded in the
aforesaid Clerk's Office in Deed Book 2581 at
page 1277; said order states that the
grantors were W.B. Meredith, II, and Marie B.
Meredith, said Order further confirmed that
the aforesaid property is vested in the City
of Virginia Beach, Virginia in fee simple.
I of 8
PARCEL 2
Legal DescriPtion:
All that cettain tract
land, with I Piece Or Parcel of
the buildings and
thereunto ifelonging, improvements
leading frO' fronting on the road
m Princess Anne 'Clurthouse to
Kempsville in Seaboard Magisterial District,
PrinceSs Anne CountY (now the city of
Virginia Beach) , Virginia, at or near
Princess Anne Courthouse, known as a part of
certain on a
the Sawyer farm designated and described
.plat and survey thereof marked -Plat
of Property for W.W- Eckard," made by C.A.
Bamforth, Surveyor, Mav 9 1951, recorded in
the Clerk's Office of said County in Map Book
27, at page 31, the prooerty hereby conveyed
containing 15.6 acres, more or less, and is
more particularly bounded and described as
follows:
Beginning at a pin on the southern line of
the State Highway to Princess Anne in the
centerline Qf a ditch separating the property
hereby conveyed from the property of
Persinger, and running thence along the
centerline of said ditch separating the
property hereby conveyed from the pror)erty of
Persinger South 30 461 West 672.4 fiet to a
pipe in the northern line of the right of way
of a proposed 30 foot road; thence North So
15' West 44.9 feet to a Dipe in the southern
right of wav Of said proposed 30 foot road in
the centerline of a ditch separating the
property hereby conveyed from the property of
Persinger; thence along the centerline of a
ditch separating the property of Persinger
and the property of W.W. Woodhouse, South 47
21, West 921.1 feet to the centerline of an
intersection ditch separating the property
hereby conveyed from the property of Seneca;
thence along the centerline of the ditch
separating this property from the property of
Seneca North 55 39. west 39-1.3 feet- to the
centerline of an intersecting ditch
separating this property from the property of
Cooper North 46 39' 40" East 1061'5 feet to a
pipe in the northern line of the right of way
of said 30 foot road; thence along the
2 of 8
Parcel 2COntinued
r
'C, 0 3
northern line of the right of way of ,
a - 30" East 36.2 fe,t t,
fOot road SOuth 39 32 aid 30
pipe in the centerljne Of a ditlh
Separating the property hereby conveyed from
the property Of Co per; thence a ong the
centerline @f 0 1
said last-named ditch North 30
16- East 62@.43 feet to a Pin in the southern
line Of th! right of way f the highway to
Princess A@e Ccurthouse; the@ce SOuth 45 35,
East 386 .'67 f e e t tO t n e property of
Persinger, the P,int of beginning. -
Excepting however, the,strip of land marked
on said plat as a thirt -
h . Ec)ot road which upon
recordation of t e pla to the said property
was dedicated to th, public.
The said property is more currently described as follows:
PARCEL NO.
All that ce@tain 10t, tract, or parcel: of
land together with improvements thereo,,
b!longing, lying, situa@e and being in the
City of Vir6inia Beach @nd designated and
certain a
described as: "5.567 AC... aS shown on th t
Plat entitled: "PHYSICAL SLIRVEY OF
PROPERTY OF joSEpH H.
STAFFORD & HOWLETT, JR., ROBERT E.
BOROUGH B613 INVESTMENTS PRINCESS ANNE
VIRGINIA BEACH, VIRGINIA SCALE :
@100' DATE: DECEt4BER 9, 1986 TAMES C.
ROAD 1)
HICKMAN, P.C- LAND SURVEYOR 5625 PROVI ENCE
VIRGINIA BEACH, VIRGINIA 23464... For a
more particular description of said property,
reference is hereby made to said plat which
is recorded in the Clerk. s Office of the
circuit Court of.the Citv of Virginia Beach,
Virginia, in Deed book 2@03 at page 1497.
PARCEL No. 11
All that certain 10t,. tract, or parcel of
land together with improvements thereon,
belonging, lying, situate and being in the
CitY of Virginia Beach and designated and
described as: "S.68S AC." a
certain plat entitled: ..p YSs,CsAhLOwn ovn that
N SUR EY OF
PROPERTY OF joSEpH H. HOWLETT, JR., ROBERT E.
of 8
Parcel continued
ri n 3
STAFFORD & B.B. INVESTMENTS PRINCESS ANNE
BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE:
1"=100' DATE: DECEMBER 9, 1986 JAMES C.
HICKKAN, P.C. LAND SURVEYOR 5625 PROVIDENCE
ROAD VIRGINIA BEACH, VIRGINIA 23456." For a
more particular description of said property,
reference is hereby made to said plat which
is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Deed book 2603 at page 1497.
It being the same property conveyed to the
C i t yof V i r g i n i aB e a c h ,a municipal
corporation, by Order confirming Courts
Report, dated December 18, 1986, recorded in
the Clerk's Office of the Circuit Court in
the City of virginia Beach, Virginia, and
Deed Book 2603, at page 1491. Said Order
indicated that the grantors were Joseph H.
Howlett, Jr., Robert E. Stafford, Sr., "Aka,
Robert E. Stafford", Jeanette H. Stafford,
and B&B Investments, a Virginia General
Partnership. Said Order further confirms
that the aforesaid property is vested in the
City of Virginia Beach.
4 Of 8
0 3 2 4
PARCEL 3
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 TO BE ACQUIRED AREA =
4.325 ACRES" as Shown on that certain plat
entitied: "PLAT SHOWING PROPERTY TO BE
ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM
RICHARD B. KELLAM, JR. PRINCESS ANNE
BOROUGH-VIRGINIA BEACH, VIRGINIA SCALE:
ll'=IOO JANUARY 1 6 , 1 9 8 7 ROUSE-SIRINE
ASSOCIATES, LTD. SURVEYORS-ENGINEEFIS-
PLANNERS VIRGINIA BEACH, VIRGINIA... For a
more particular description of said property,
reference is hereby made to said plat which
is recorded in the Clerk's office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Deed book 2658 at Page 843.
it being the same property acquired by the
City of Virginia Beach, virginia, a municipal
corporation, by Certificate No. 772 dated
July 22, 1987 and recorded in the aforesaid
Clerk's office in Deed book 2658 at Page 838;
the aforesaid Certificate was recorded on
July 30, 1987.
5 of 8
9-3,2 5
PARCEL 4
All that certain Ilt, tract or parcel of land
to ether with improvements thereon belonging,
9 in the city of
lying situated and being
Virgillia Beach, Virginia and designated and
described as: "PROPERTY TO BE ACQUIRED AREA @
4.872 ACRES'. and "PROPERTY To BE ACQUIRED
6.201 ACRES" as shown on that certain
AREA = TY To BE
plat entitled: -'PLAT SHOWING PROPER
ACQUIRED BY TliE CITY OF VIRGINIA BEACH FROM
ALICE KELLAM, TRUSTEE AND RICHARD B.
ANNE BOROUGH-VIRGINIA
KELLA.M, JR. PRINCESS NUARY 14,
BEACH, VIRGINIA SCALE: JA RVEYORS-
1987 ROUSE-SIRINE ASSOCIATES, LTD. SU
-PLANNERS VIRGINIA BFACH, VIRGINIA".
ENGINEERS of said
a more particular description
For is hereby made to said
property, reference .5 office
plat which is recorded in the Clerk Virginia
of the Circuit Court of the CitY O@ Page
Beach, Virginia, in Deed book 2658 at
850.
it being the same property acquired by the
- Virginia, a municipal
city of Virginia Beach, 71, dated
corporation by Certificate NO. 7 esaid
july 22, 1987 and recorded in afor
fice in Deed book 2658 at page 846;
Clerk's Of orded on
the aforesaid Certificate was rec
july 30, 1987.
EK 2 I nri 0 3 2 b
PARCEL
All those certain lots, tracts Or parcels o@
land together with improvements thereon
belonging, @ying, situate and being in the
city of virginia Beach, V i r g i n i a and
designated and described as , OW QR FORMERLY
METPRO, INC. (D.B. 953, PG. 454) (m.B. 116,
pG. 14) 29.665 ACRES" a,d -'NOW OR FORMERLY
i.W. AND EMILY N. BUFFINGTON (D.B. 322, PG-
116, PG. 14) 8.633 ACRES" as shown
569) (M.B- entitled
on that certain plat or survey TPRO INC.
"BOUNDARY SURVEY OF PROPERTY OF ME
AND J.W- & TMILY N. BUFFINGTON-- dated January
24, 1986 and recorded in the Clerk'S office
of the Circuit Court of the City Of Virginia
Beach, virginia in Deed Book 2SBl at page
1665.
It being the same property conveyed to the
City of Virginia Beach, a municipal
corporation of the Commonwealth of Virginia,
by deed of Courthouse Associates, a Virginia
general partnerghip, dated December 20, 1986
recorded in the Clerk's office of the Circuit
Court Of the City of Virginia Beach,
Virainia in Deed Book 2581 at oaae 1663.
2 nu 3 2
PARCEL 6
All that certain lot, pi@ce or parcel of land
with the buildings and improvements thereon,
situated in the City of Virginia Beach,
Virginia, and designated as "PROPERTY TO BE
ACQUIRED A.REA = 1.120 ACRES" as shown on the
certain plat entitled: "PLAT SHOWING
PROPERTY OF BEING ACQUIRED BY THE CITY OF
VIRGINIA BEACH, VIRGINIA PRINC ESS ANNE
BOROUGH-VIRGINIA BEACH, VIRGINIA SCALE:
1"=50' DECEMBER I 5 , 1 9 8 6 ROUSE-SIRI.'NE
ASSOCIATES, LTD. SURVEYORS-ENGINEERS-PLANNERS
VIRGINIA BEACH, VIRGINIA." Property may be
further described as "PARCEL "B., 1 1.119
ACRES." as shown on that certain plat
entitled "SUBDIVISION OF PROPERTY BELONGING
TO NUSBAUM REAL ESTATE TRUST" which is
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach,
Virginia, in map Book 77 at page 1.
It being a portion of the same property
conveyed to the Nusbaum Real Estate Trust, by
Deed of Every W. Jones, widow, dated may 5,
1966, and recorded in the aforesaid Clerk'S
Office in Deed Book 961 at page 295.
L B
2
PARCEL 1
I of land
All that certain lot, piece or parce thereon
the build i@s and improvements
designated isg,-PA-RCEL A" "A-l'- 1.092 ACRES
as shown on that certain plat entitled
SUBDIVISION C)F PROPERTY FOR FIRST COLONY
TELEPHONE COMPANY PRINCESS ANNE BOROUGH-
VIRGINIA BEACH, VIRGINIA SCALE 1"=100'
JANUA.Ry 16, 1968 FRANK D. TARRELL, JR. AND
ASSOCIATES SURVEYORS AND ENGINEERS VIRGINIA
BEACH, VIRGINIA." For a more particular
description of Said property, reference is
hereby made to said plat which is recorded in
the Clerk's office of the Circuit Court Of
the City of Virginia Beach, Virgirria, in map
book 76 at page 18.
it b:ing a portion of the same property which
was conveyed to Princess Anne Telephone Co.,
Incorporated a Virginia corporation, by deed
of Frederick G. Howard and Katherine H.
Howard, husband and wife, dated July 18, 1966
and recorded in the Clerk's Office aforesaid
in Deed Book 969 at page 481. Appomatox
Telephone Company and Fredericksburg and
Wilderness Telephone Company, Incorporated
were merged into Princess Anne Telephone Co.,
Incorporated on December 31, 1966. At that
time the name of Princess Anne Telephone
Co., Incorporated was changed in such merger
to First colony Telephone Company. By
Certificate of Merger dated May 30, 1975
First Colony Telephone Company, Commonwealth
Telephone Co. of Virginia a n dTidewater
Telephone Company merged into Continental
Telephone Company of Virginia, a Virginia
corporation; said Certificate of Merger is
found in the Clerk's Office of the Circuit
Court of the city of Virginia Beach, Virginia
in Deed book 1489 at page 288.
1 of 2
r
PARCEL 2
3 2 9
,,,rain lOtS, tracts or parcels Of
All that improvements Lhereon
,ther wi th. llg thu
land tOg s,tuate and 6e
belonging lyilig, ir inia and
virginia Beach, v 9
city of "PROPERTY To BE
designated and descr,bed as . own on that
itEA = 2.199 ACRES" as sh
ACQUIRED A itled "PLAT
survey e n t
certain olat or ty OF
SHOWING pioPERTY TO ACQUIRED BY THF Cl
BEACH FROM ANNIE B. KELLAM AND FLOYD
VIRGINIA N
E. KELLA-M, JR. EXECUTORS AND TRUSTEES U DER
E. KELLAM PRINCESS ANt4E
THE WILL OF FLOYD VIRGINIA SCALE:
BOROUGH-VIRGINIA BEACH,
JANUARY 51 1 9 8 7 ROUSE-SIRINE
ATES, LTD SURVEYORS-ENGINEERS-
ASSOCI A" said Plat
PLANNERS VIRGINIA BEACH, VIRGINI
at the Current time is unrecorded.
l@ ibc clt,k's office o/ the Cilcuit Co.rt Of Virginia Beach
VIRGI,IqIA: at -' - 6 1 ibis i@stru.ent was lece@ved nd
of ............ o@.. 'I ...... 1 19 ....... 19.1 ..... Z...: ............I....
ce,fificate of acknowledgme,( tbereto anex,d, @d@itted to eco,d. "Tbe tax imposed by SS58.1-862.1
bas been paid, in the a-ounf oi S ................................... ... .
BY:@ .......... ..................... ...
7ESTE: 1. CURTIS FRUIT, C:erk ....... t
2- of 2
T:\Vab\Leasepur\PRime.830 Exhibit C
9/1/90 11:00 a.m.
THIS FIRST PRIME LEASE AMENDMENT, dated as of September 1,
1990, between the CITY OF VIRGINIA BEACH, VIRGINIA, a Virginia
municipal corporation (the ,City"), as lessor, and First Union
Commercial Corporation, a North Carolina corporation (the "Leas-
ing Company"), as lessee;
W I T s
wHEREAS, the Leasing company and the City entered into a
as of October 1, 1987 (the "Initial Prime
Prime Lease dated
Lease") whereby the Leasing Company acquired a leasehold
interes@ in certain real property owned by the City (the
"Original Property"); and
WHEREAS, the Leasing Company desires to acquire a leasehold
interest in certain additional real property owned by the City
(the "Adjacent Property") and lease such additional real property
to the city pursuant to a Real Property Lease Agreement dated as
of october 1, 1987, as supplemented and amended by a First Real
Property Lease Modification Aareement dated as of September 1,
iggo (collectively, the "Lease Agreement"); and
WHEREAS, the Leasing Company and the City desire to make
certain amendments to the Initial Prime Lease;
NOW, THEREFORE, for and in consideration of the mutual
covenants hereinafter contained and other valuable consideration,
the parties hereto covenant and agree as follows:
ARTICLE I
Definitions
Section 101. De n t on . Except as otherwise defined
herein, terms defined in the Initial Prime Lease are used in this
First Prime Lease Amendment with the meanings assigned to them in
the Initial Prime Lease.
ARTICLE 11
Amendments
Section 201
Leans. section @ 0 to
read as follows:
Section 2. Term. The term of this Lease shall com-
mence on the date of its delivery and shall expire on
unless such term is sooner terminated as
ided.
here naftr prov
section 202. E hib Exhibit A of the Initial Prime
Lease is hereby ataended to include the real property descriptions
listed on Exhibit A hereto.
section 203. by
Lease. Section 7 o
adding the following provisions:
(e) For adding to Exhibit A hereto any additional real
property on which the City plans to construct improvements
to be financed with Additional Certificates. The term
Property shall include such additional real property.
(f) In the event that a portion or portions of Pro-
perty described on Exhibit A hereto shall become unavail-
able or unsuitable for its intended use, to remove such real
property from Exhibit A and, if so desired by the City, to
add additional real propert@ to Exhibit A to be used for
comparable purposes. The term Property shall include such
additional real property.
ARTICLE Ill
Miscellaneous
section 301. sever it . if any provision of this First
Prime Lease Amendment shall be held invalid by any court of
competent jurisdiction, such holding shall not invalidate any
other provision hereof.
Section 302. This First Prime
Lease Amendment sha upon, inure to the benefit of
and be enforceable by the pariies and their respective successors
and assigns.
Section 303. A iiab e LaW. This First Prime Lease
Amendment shall be governed by the laws of the Commonwealth of
Virginia.
Section 304. counterparts. This First Prime Lease Amend-
ment may be executed in any number of counterparts, each of which
shall be deemed to be an original and all of which together shall
constitute but one and the same Lease.
-2-
IN WITNESS WHEREOF, the parties have caused this First Prime
Lease Amendment to be duly executed as of the date first above
written.
CITY OF VIRGINIA BEACH
By city Manager
FIRST UNION COMMERCIAL
CORPORATION
By
Its-
-3-
STATE OF VIRGINIA
The foregoing instrument was acknowledged before me in
virginia, this day of 1990, by
, dit-y manager f the C @y of Vir-
ginia Beacn, v,Ly.Li,la.
MY commission expires:
STATE OF VIRGINIA
The foregoing instrument was acknowledged before me in
dav of 1990, by
virginia, this _
o First Union commercial
Corporation.
my commission expires:
ic
-4-
I
EXHIBIT A
(Property Descriptions]
I
-5-
8 The Virginia Beach Sui; Augusi 14 IM
@riie city is conslructing a new furdier infotmadon. After review
Public Nolice judicial center cofiiplex an(i in- of all bids received at the
NOTICE OF INVITATION tcnds to financc the cojislructi-on ineeting as set forth above, the
TO BID ilirougti tllc issuance of Addi- City Council shall liave tbhiesright
Notice is hereby given pur- tiotial Certificates. I'he coiiil)l x to reject any and al or
suant to Secdon 15.1-308 of the will I)c located oii the ProPcre
tY approve tlie bid whicil it
Code of Virginia of 1950, as aiid otlier real prol)erty ownc(i by determines to be in the best
amended (the "Code"), that the the City adjaceiit to tlie Propcrty interest of the City. If any bid
Mayor of the City of Virginia (tlie "Adjacent I)rol)crly"). Tile is accepted, Lhe City shall adopt
Beach (Lhe "City"), will accept lessee for tlie A(ijacetit Property an ordinance in subslantially tl)e
written bids at 2:00 p.m. on (tlic "Company") will agrce to f,r,, as is on file at tlie City
Sept. 18, 1990, at the City lease itie Adjaceiii Prol)erty froi@ Clerk's Office. In accordance
Council Chambers, Municipal t[ic City purstiatit to ilie terins of with Section 15.1-309 of the
Center, Vifginia Beach, Virginia ati ainendment to Llic Prime Virginia Code, ifie successful
for service as lessee under a lease Lease. The Company will agree bidder will be expected to
amendment to effect the financ- to lease ilie Adjaccnt Property reimburse the City for the cost of
ing described below. The City ajid all improvcmeii[s illereon to this advertisement. Pursuant to
Council shall appoint such tlic City pursuant to an ainciid- Section 15.1-312 of the Virginia
lessee pursuant to an ordinance inent to the Real Property Lease. Code, the person or corporation
scheduled to be adopted at the All riglits of dic Cojiipany under t, wh,, the award is made shall
2:00 p.m. meeting of the City tlie Real Prol)erty Lease, as be required to execute a bond,
Council on Sept. 18, 1990, in afnended, will be assigiied by tlie with good and suff-icient security,
the City Council Chambers. Coinl)ajiy to tlie Trustee uiider in favor of the City, in tlie
The City.has leased certain tlie Assigiiineiit Agreemciit, as amount of $100,000 conditioned
parcels of property adjacent.to atticiided, aiid Llie TrusL Agrce- upon the satisfactory completion
the Municipal Center (the iiient, as ainended, for tlie bcncfit 6f construction of the judicial
"Property") to First Union Leas- of tlie holders of Oic Certificates center complex.
ing Corporation ("First Union") aii(i Lbe Additioijal Certificates. Ruth Hodges Smith, CMC
for a period of forty (40) years Tlic lease payments of tlie City
from Octobef 13, 1987, pursuant iiiider tlie Real Prol)erty Lease, as City Clerk 3 3 - 3
to a Pfime Lease. First Uni'on ainende(l, will be sut)ject to an- 4t9.5VllS
leased the Property back to the tiual ippropriations by tlie City
City pursuant to a Real Properly Council. Tlie Icase term of tlie
Lease. The acquisition of tlie Real Property Lease, as amended,
Property was financed by the will be equal to tlie last maturity
public issuance of certificates of of the Additiotial Certificates,
participation (the "Certificates") presently expected to t>c twenty
representing direct and propor- (20) years. I'he Certificates wiii
tionate interests in lease pay@ be underwritten by Letiman
MenLS under tlie Real Property Brolliers, Craigic Incorporated,
Lease pursuant to a Trust Agree- Legg Masoit W(X)(I Walker, Inc.
ment. The Trust Agreement pro- aiid Wlicat, First Securities, Inc.
vides that additional certificates Copies of thc Prinic Lease, tlie
("Additional Certificates") may Rcal Properiy l,case, tile Trust
be issued on a parity witti the Agrccment, the Assigiiinent
Certificates to finance the con- Agrecinciit aitd dr@ifts of tl)e pro-
struction of impr6vements on tile posed @imendiiiciits thereto ajid
Property. Otlier leasing compa- otlicr related finiijicitig (locu-
nies or other entities may be meiiis are on file at tile City
added as additiojial parties to the ('Ierk's Ofi*ice, Municil)@il Center,
Prime Lease and Real Prol)erty Virgiiiia Beacii, Virgiiiia.
Lease for the purpose of tlie is- liitcrested bi(](Icrs iiiay coiiuict
suance of Additional Certificates. Cilcs G. Dodd, Assistaiii City
Manager, M u'iicipal Ceiiter,
Virgiriia Beach, Virgiiiia, for
- 14 -
Item IV-1.1.
RESOLUTION/ORDINANCES ITEM # 33440
Upon motion by Counc II man He l schober, seconded by Counc II man Jones, Cl ty
Council ADOFITED:
Resolution providing for the distribution of
Information re City of Virginia Beach, Virginia, In
a preliminary offerlng statement In connection with
the financing of a Judicial Center In the Municipal
Center Complex.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McCianan
Council Members Absent:
James W. Brazier, Jr.
*Councilwoman McClanan ABSTAINED and declared pursuant to Section 2.1-639.14(E)
of the Code of Virginia, her son was employed as a summer Intern by Shearson-
Lehman Trust, wholly owned subsidiary of Shearson Lehman Hutton and earned in
excess of $10,000.00 annually. Therefore, this interest meets the criteria of a
personal Interest in the transaction under the Conflict of Interest Act.
Shearson Lehman Hutton Is the underwriter for the lease purchase financing of
the Judicial Center. Councilwoman McClanan's letter of September 17, 1990, Is
hereby made a part of the record.
1 RESOLUTION PROVIDING FOR THE DISTRIBUTION OF
2 INFORMATION CONCERNING THE CITY OF VIRGINIA BEACH,
3 VIRGINIA, IN A PRELIMINARY OFFERING STATEMENT IN
4 CONNECTION WITH THE FINANCING OF A JUDICIAL CENTER
5 IN THE MUNICIPAL CENTER COMPLEX
6 WHEREAS, the City of Virginia Beach, Virginia (the
7 "City") , has determined to undertake the construction of a judicial
8 center and related facilities on certain real property in the
9 municipal center complex (the "Project") and to finance such
10 Project through a plan of lease-purchase financing with a leasing
11 company and to provide for the issuance, pursuant to an Agreement
12 of Trust dated october 1, 1987, as amended by a First Supplemental
13 Trust Agreement dated as of September 1, 1990, of Certificates of
14 Participation, Series of 1990 (the "Series of 1990 Certificates"),
15 which will be sold to Shearson Lehman Brothers, Inc. , Craigie
16 Incorporated, Legg Mason Wood Walker, Inc. and Wheat, First
17 Securities, Inc. for public offering pursuant to an Offering
18 Statement; and
19 WHEREAS, the Series of 1990 Certificates will represent
20 direct and proportionate interests of the holders of the Series of
21 1990 Certificates in lease payments to be made by the City pursuant
22 to a Real Property Lease Agreement dated October 1, 1987, as
23 modified by a First Real Property Lease Modification Agreement
24 dated as of September 1, 1990, between the Leasing Company and the
25 City (collectively, the "Lease Agreement") , the amount of which
26 payments will be subject to annual appropriations by the City
27 Council; and
28 WHEREAS, there has been presented to this meeting a
29 printer's proof dated September 12, 1990, of a Preliminary offering
30 Statement (the "Preliminary Offering Statement"), relating to the
31 issuance of the Series of 1990 Certificates;
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34 1. The distributian of the information concerning the City
35 contained in the Preliminary Offering Statement to prospective
36 purchasers of the Series of 1990 Certificates is hereby approved.
37 Such information shall be in substantially the form submitted to
38 this meeting, with such completions, omissions, insertions and
39 changes as the City Manager, in collaboration with the City's
40 financial advisors, considers appropriate.
41 2. This resolution shall take effect immediately.
42 Adopted by the Council of the City of Virginia Beach,
43 Virginia, this 18 day of September 1990.
44 CA-3926 A ONTCWTS
45 R-1
46 \ordin\noncode\Center
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAE
SUFFICIENCY AND FORM
CITY ATTORNEY
2
1 5
Item IV-1.2.
RESOLUTION/ORDINANCES ITEM # 33441
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOPTED, AS AMENDED:
Ordlnance to AMEND and REORDAIN Sections 6-151, 6-
153 and 6-154 of the Code of the City of Virginia
Beach re permits for certain landfill operations.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert
E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera
E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Mernbers Absent:
James W. Brazier, Jr.,
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 6-153 AND 6-154 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 PERTAINING TO PERMITS FOR CERTAIN
5 LANDFILL OPERATIONS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Sections 6-153 and 6-154 of the Code of the City of
9 Virginia Beach, pertaining to permits for certain landfill
10 operations, be, and hereby are, amended and reordained, and shall
11 read as follows:
12 Sec. 6-151. Required.
13 It shall be unlawful for any person to dredge or carry on any
14 landfill operation or to extend any existing real estate into
15 waters, marshlands or lowlands in the city, without first
16 obtaining a permit therefor. Any person failing or refusing to
17 obtain such a permit shall be guilty of a class I misdemeanor.
18 Sec. 6-152. Application.
19 Any person desiring a permit required by this article shall
20 file an application therefor with the department of public works.
21 Sec. 6-153. Applicant's bond.
22 No permit required by this article shall be issued until the
23 applicant has posted a bond or given other surety, approved by the
24 director as ta feEfR and sueety, ensuring strict compliance with
25 the terms of the permit, in the amount of five hundred dollars
26 ($500-00) per acre or any part thereof.
27 Sec. 6-154. Issuance; conditions of Permit. revocation.
28 (a) Upon the approval, by the director of public works, of
29 an application for a permit under this article, and the posting of
30 the bond required by section 6-153, the permit shall be issued by
31 the department of public works.
32 (b) In issuing or renewing a permit pursuant to this
33 article, the director of public works or his designee may require,
34 as a condition of the permit, any or all of the following in the
35 interest of the public health, safety and welfare:
36 1. That hours of operation be restricted;
37 2. That existing trees and other vegetation located
38 along public street frontage or between the site of
39 the operation and adjacent residential areas be
40 preserved and protected; and
41 3. That specific measures be taken to prevent
42 excessive noise, illumination, dust or odor from
43 affecting other properties or the occupants
44 thereof.
45 The applicant shall have the right to appeal the imposition of any
46 permit condition to the city council.
47 (c) In the event the director of public works or his
48 designee finds that a proposed dredging or landfill operation may
49 adversely affect the health, safety or welfare of the general
50 public or of occupants of adjacent properties, he may refer the
51 application to the city council, which shall have the authority to
52 impose any or all of the conditions of the permit as are set forth
53 in this section.
54 (d) The violation of any of the provisions of this article,
55 or the failure to maintain strict compliance with any of the
56 conditions of a permit issued pursuant to the provisions of this
57 article, shall be grounds for revocation of such permit by the
58 director of public works. Any person continuing any activities
59 requiring a permit under this article after the revocation of such
60 permit shall be guilty of a Class I misdemeanor.
61 Adopted by the City Council of the City of Virginia
62 Beach, Virginia, on the 18 day of September 1990.
63 CA-3914
64 \ordin\proposed\6-151alt.pro
65 R-1
2
- 16 -
Item IV-1.3.
RESOLUTION/ORDINANCES ITEM # 33442
The following spoke in OPPOSITION:
Mary Brooks, 5557 Westward Drive, Phone: 424-2125, represented the Homestead
Civic League
Chris Kennedy, 5532 Landings Crescent, Phone: 420-0502, represented the
Homestead Civic League
Jay Sherrill, 5552 Westward Drive, Phone: 424-4139. Mr. Sherrill distributed
photographs of the area, which are hereby made a part of the record.
Attorney Steven Lieberman, (former City Attorney of Portsfnouth), 500 Crawford
Street, Phone: 393-4093, represented the Homestead Clvic League, and
presented petitions In OPPOSITION
Edna C. Fortune, 5549 Westward Drive, Phone: 420-6590, represented the
Homestead Civic League
A] Ice Green, 1221 General Street, represented the New[ ight Civic League
Assistant City Attorney William Macall advised the Circuit Court ruled In
September of 1982 that the borrow pit could be filled without the granting of a
Conditional Use Permit. Lakeside c(xnmenced filllng the property. In the
meantime, the City began using the Lakeside property for drainage purposes
without having purchased or condemned an easement. The only relevance of that
matter to the one at hand Is that it was resolved by means of an agreement
dated April 5, 1988, and executed by the City Manager and Lakeside's President.
By virtue of this Court Order and the 1988 agreement, It does not appear
DENIAL of the renewal of this Land Fill Pit Is a legal option of the City
Council.
Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council
APPROVED:
Request of NEWLIGHT AND ASSOCIATES for landfill
permit renewal (Permit No. VB89-260-L Issued
October 1989) to f I I I a borrow pit at the end of
Fenton Street (KEMPSVILLE BOROUGH).
The following conditions shall be required:
1. Hours of operation at the site will be limited
to 8:00 AM to 6:00 PM, or until sunset, whlchever
occurs first, Monday through Friday, exclusive of
nationally recognized holidays. Work on nationally
recognized holidays and Saturdays will be of an
exceptional nature and must be approved In advance
by the City Engineer. No work will be permitted on
Sundays.
2. The applicant will maintain an on-site
representative at all times during which the
landfill Is In operation.
3. The applicant will provide adequate protection of
the outfall structure Into Cedar Hill Canal, In
accordance with a plan approved by the City
Engineer, to ensure the Increase In turbidity Into
Cedar Hill Canal Is minimized and satisfies State
Water Control Board standards.
- 17 -
Item IV-1.3.
RESOLUTION/ORDINANCES ITEM # 33442 (Continued)
4. The appl tcant will perform measures to limit
excessive noise at the site, including the
prohibition of tailgate banglng to remove material
frorn truck bodies.
5. The appl lcant wi I I maintain restroom faci I lties at
the site at all times during operation.
6. The applicant will limit artificial lighting at the
site in such a manner that excessive I lghting on
adjacent properties will be avoided. All
artif lcial I ighting at the site wil I be directed
away from adjacent properties.
7. The appl lcant wi I I provide a water truck or other
such means as may be approved by the City Engineer
to minimize excessive dust leaving the site.
8. The appl lcant wi I I provide an effective means of
ensuring that excessive odor from the site is
prevented.
9. Asphalt shall be eliminated from the allowable fill
material.
10. The Conditional Use Permit shall be for a period of
one year, subject o City Council approval (not
administrative approval).
Voting: 8-2
Council Members Voting Aye:
John A. Baum, 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 and Mayor Meyera E. Oberndorf
Council Members Absent:
James W. Brazier, Jr.
- 18 -
Item IV-J.
CONSENT AGENDA ITEM # 33443
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 3 a.b., 5, and 6 of the CONSENT AGENDA.
Item 2 and 4 were pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
- 19 -
Item IV-J.L
CONSENT AGENDA ITEM # 33444
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOFITED:
Ordinance authorizing the City Manager to execute a
license agreement between the City of Virginia
Beach, Virginia, and the United States Government
for the existing Satellite Highway Malntenance
Yard.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
1 A ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LICENSE
3 AGREEMENT BETWEEN THE CITY OF
4 VIRGINIA BEACH, VIRGINIA AND THE
5 UNITED STATES GOVERNMENT FOR A
6 SATELLITE HIGHWAY MAINTENANCE YARD
7 WHEREAS, the City of Virginia Beach desires to locate a
8 satellite highway maintenance yard at the intersection of oceana
9 Boulevard and Southern Boulevard; and
10 WHEREAS, the property at said location is owned by the
11 United State GoverrLment; and
12 WHEREAS, the U.S. Government agrees to grant a license
13 to the City of Virginia Beach for the use of said property for a
14 period of five (5) years commencing August 1, 1990 and ending July
15 31, 1995; and
16 WHEREAS, the City Council agrees that the City should
17 license the property;
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20 1. That the attached license agreement is hereby
21 approved (Exhibit A).
22 2. That the City Manager is authorized and directed to
23 execute the license agreement between the City of virginia Beach
24 and the United States Government for the location of a satellite
25 highway maintenance yard at the intersection of Oceana Boulevard
26 and Southern Boulevard.
27 Adopted by the Council of the City of Virginia Beach on
28 the 18 day of September 1990.
29 CA-3915
30 NONCODE\CA-3915.ORD
31 R-1
ED AS TO CONTENT
DEPARTMENT/
ACH
14
AHOE
2
I vo
POITEBS
"'Ls c@l,
FRAZEE
LA
Is Crook
GREGORY
Yti
A
190 SLA
BD
OCEANA NAV@AL IA STATION USN
CITY OF VIRGINIA BEAC
,,,,SATELLITE HIGHWAY MAINTENANCE YARDI) Seatack
OCEANA BLVD. AT SOUTHERN BLVD.
PREPARED BY PW/ENGINEERING DRAFTING
SCALE:I"=1600' AUGUST 8, 1990
LICENSE FOR MONFEOERAL USE OF REAL PROPERTY
N"FACIIOII/nfl-M (@-@D-k822601 LICENU NUMBER LIC-0-647
TH4 LICENU TO USE tHE US. GOVERNMENT PROPEORTY HEREIN OESCRIBED IS =UED BY THE All corresl>ondence I>ertaining
DEPAMEIIT OF THE PIAVY TO THE LICENSEE "NED IELOW FOR THE PUAPOSE HEREIN SPECIFIED to this license shall
UPON THE TERMS AND CONOTTIONS SET FOM SELOW AND THE GENERAL PROVISIONS Oft rHE reference N62470-90-RP-
REVENU 31DE HEREOF. NY THf EXECWTION HTNEOF THE LICENSEE AGAEES TO COMPLY WTTH ALL
$tKM TERN. rONDITIOX9 AND GENEKAL POOVISOUL
1. SA gnvr 2. BATUCOVIEnED(l@)
aVaIA' t7@,@
N Air s on
Virginia Beach, Virginia FROM I August 1990 TO 31 July 1995
L DESCRI"lou Of PROPEM ti-@ - w @ -,b- -w@ml
Two acres of land an the SOutheastern @rner it 'he ;ntersection of Oceana and Southern Boulevards as
shown on the attached arawing, Exhibit 'A'.
4. PURPME Of LICENSE
Use as a satellite highway mairttenance yard.
S. LICENSOR @TATIVE.DEFr.OF MAVYOFFICIAL (77ti..W.Jd-I
Icer
UNITED STATES OF AMERICA ion, Oceana
DEPARTMENT OF THE NAVY VA 23460-5i2O: Attn: Code 18B2
S. LICENSEE (M.-,-d-ddl-J B.. LOCAL REPRESENTATIVE ..d dd-)
Cit of Virginia Beach
,,YAm.br Watts, Jr.
Munlycipal Center nae6erV-
Virginia Beach. VA 23456-9002 (same as block 6)
1. CASH PAYME11T BY LICENSEE!@ i.
fif P.V.@t is ,I,, ..d,,
AIAOUNTIE.CH b- FRE(IUENCY FIRST OUE OATE d. TO jrfk .0 dd- f 1-@ @P-.@, @f
PAYMENTS DUE rxvander, Atlantic Division
Annually I Naval Facilities Engineering Cmnand
$2,400.00 In Advance I August 1990 Norfolk, VA 23511-6287; Attn: Code 014
1. DEPOSIT OR ILITIES AND SERVICES 4h," i.
(if o .h py@,,.t i, q.ild. ",V.- " ..do it- 8. "A-.1
AMOUNTIE.@H b. FREAUENCY FIRST OUE DATE d. TO (Af@ dd-1)
d.p.,,t) PAYMENTSOUE
NONE
1. INSURANCE REAUIRED AT EXPENSE OF LICENSEE
(if @y @q ........ t, @.V@., -,@ ..b,,. - d @pp-p-,,)
MINIMUM AMOUNT TYPE MINIMUM AMOUNT
FIRE AND EXTENDED THIFID PARTY PERSONAL
INJURY PER PERSON s
COVERAGE NONE NONE
b. THIRD PAFITY dTHIRD PARTY PERSONAL
PROPERTY DAMAGE S NONE INJURY PER ACCICENT s NONE
10. GENERAL PROVISIONS (s,, R,@- SidJ
The second sentence of General Plrovision IO.h was deleted and Addendum Number 1 and (@eneral Provision IO.o
were added prior to execution of this license. This license succeeds License N62470-87-RP-00063.
Ii. EXECUTION OF LICENSE
FOR NAMEAND TITLE(Typdl BIy SIGNATURE DATE
DEPARTk4ENT
OF THE
NAVY
LICENSEE
If Lic@@- is a C.1p.la(io@, C@,tific.f,.@ f sig@.rue is tt-hed IX-]
I
Addendum Number One:
The following provisions are incorporated into and made a part of this license:
1. The Licensee is hereby restricted from erecting, contructing, growing, or
installing, whether public or private, any structure, building, antenna,
tower, wire, tree, or other obstruction, excepting two 30-foot street lights,
stockpiles of sand, stone, gravel , and other stored materials not exceeding
30-feet above grade elevation, an 8 X 8 X 8-foot personnel shelter, a 6-foot
chain 14nk fence, and a gas pump.
2. At the Licensee's cost and expense and free from any consequential
damages, the Government has the right to alter or remove all structures,
buildings, or other obstructions, whatever their nature, extending more than
the height previously described which shall be erected, constructed, or
installed on the property from and after the date of this instrument.
3. The Licensee at its own cost and expense shall cut down, top or trim all
trees, plants, vines, and like obstructions. In particular, the red-tipped
photinia adjacent to the perimeter chain-link fence shall be shaped and shall
not exceed a height of 1-foot above the fence-top level.
4. No discharge of visible emissions into the outdoor atmosphere from any
source situated on the above-described property shall exceed 20% opacity.
5. No lights shall be constructed or installed which will impair pilot vision
or produce confusing patterns (color and/or pattern of layout) which could be
mistaken for any lighting system associated with aircraft/airfield
operations. All projective lighting equipment (as defined in the Illumination
Engineering Society Handbook), such as floodlights and searchlights, and all
protective lighting, such as street lights, shall have positive optical
control, so that no direct light is ernitted above the horizontal plane.
6. On the above-described property no bird-feeding stations shall be
constructed or maintained, nor shall grain crops be planted that will not be
harvested when mature.
7. Title to Licensee-installed improvements shall remain in the Licensee
during the term and all renewal period thereafter. Upon the expiration,
surrender, prior termination of this license, or any renewals thereof,
Licensee shall, to the extent directed by the Licensor, remove all of its
improvements from and shall restore the licensed premises in a manner
satisfactory to the Licensor and at the sole cost and expense of the Licensee
to the condition in which it was received. All property not so removed shall
be deemed abandoned by Licensee and may be used or disposed of by the Licensor
in any manner whatsoever without any liability to the Licensee. However, such
abandonment shall in no way reduce any obligation of the Licensee for
restoration of the licensed premises. The Licensee may with the approval of
the Licensor abandon all or any part of the improvements placed on the
licensed property. In which event the Licensee's liability for restoration
shall be limited to such area or areas of the licensed property wherein the
Licensor has not accepted the improvements in lieu of such restoration.
I
8. It is expressly understood by the Licensee that in the event future
military requirements necessitate Licensor's use of the licensed premises,
this license may be terminated by Licensor at any time without any requirement
for prior notice.
9. All expenses of any nature incurred by the Licensee through its use of the
licensed premises shall be defrayed by the Licensee at no cost to the Licensor.
10. The Licensee by giving at least 30-days notice may terminate this
agreement, if the funds to pay for the license a@e not appropriated by the
Council of the City of Virginia Beach, Virginia. In no event are any funds
that have already been paid to the Licensor to be refunded.
2
CERTIFICATE OF SIGNATURE
certify that I am the
L)
L)
of the
(CORPORATE NAME)
named as Ucensee of the attached License;
that (NAME OF OFFICIAL THAT SIGNED LICENSE) , who signed said license
on behalf of the Licensee, was then (TLTLE OF OFFIC@ THAT SIGNED LICENSE) thereof;
that said License was duly signed on behalf of (CORPORATE NAML)
by authority of its governing body, and is within the scope of fts powers.
Date: Signature: CERTIFYING OFFICIAL)
(SEAQ
PROVED AS TO CONT'@-,
kl@p SIGNAT
DEPARTMENT
wise 0 s a
3 T A I P 0
-7-7 LI,
LIC-0-647
L'.P.ENSE FOR NONFEDERAL USE OF REAL PROPERTY LicEmSE NUMBER
NiVFACIIDIlrn(6-15@ tS@,d.N-f)-A.2260) All correspondence pertaining
THIS LICENSE TO USE THE U.S. GOVERKMENT PROPERTY HERE[K DESCRIBED IS ISSUED BY THE to this license should
DIEPARTMEkT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PtiAP'OSE HEREIN SPECIFIED include a reference to
UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE
REVERSE SIDE HEREOF. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WIT14 ALL N62470-q6-RP-
SUCH TERMS. CONDITIONS AND GENERAL PROVISIONS
l@ @aA
v L.'F'X'l'ry ' s- an'l'o--- b c ea na t 1985 T, 31 July 1990
Virginia Beach, VA 23460 ---
3DESCFTIPTION OF PROPERTY ti-Idl -1@ -d b,,ildiltg .,h,- -pp@P-lt,)
Those two (2) acres of tinimproved land located as delineated on the drawing
attached hereto and made a part hereof as Exhi@it "A".
4. PURPOSE OF LICENSE
To provide a site for the City of Virginia Beach for a satellite highway maintenance
yard.
ENTATIVE, OEPT, OF NAVY C FFICIAL (Tiil@ .,,d @ddl@.)
S. LICENSOR Commanding Officer, Naval Air Station, Oceana
UNITED STATES OF Al Virginia Beach, VA 23460
DEPARTMENT OF THE 6, LOCALREPRESENTATI Ys M-uehlenbeck
6. LICENSEE (N.,.@@@ddd,-)
City of Virginia Beach City Manager, City of Virginia Beach,
Virginia Beach, VA Municipal Center, Virginia Beach, VA '-13456
AMOUNT(E.,h FftE(IUENCY7
PAYMENTS OL
annually
$1,500.00 advanCE
AMOUNT(@,.,h b. FREQUENCY FIRST
d,p,@it) PAYMENTS DUE
NONE
IFISUR, OF Li
IINIMUM AMOUN YPE MINIMUM AMOUNT
Y PERSONAL
FIRE AND EXTENDED PERSON s NONE
COVERAGE $ NONE
b, THIRD PARTY Y PERSONAL SNONE
PROPERTY DAMAGE s NONE ACCIDENT
10. GENERALPROVISIONS (S,, RI@'@'
tached Addendum No. I for additional provisions. The second sentence of
See at
General Provision IO.h. was deleted prior to execution.
Ii. EXECUTION OF LICENSE
BY DATE
FOR SIGNATURE
OEPARTMEN
OFTHE
NAVY
LICENSEE
If Licep@@ j, C.,po,.tion, Ce,tific@ti.@ of @ig@.t.,e i@ -ttached
10. GENERAL PROVISIONS
Th@ l@@,,by g,..,@ 1. Ih@ L.@l.- Ih@ ight 1. .@ till th@ .@h
d@@,ib@d i. it,@ 3, t.g,th@, ith th@ ..@-,y if @q.i,@d @ 1. d. by th@ ..d .@h f b,
f i.g,@. @.d g,,.. ,i.b.,.d t. th@ by th@ l@ th@ @@.t th@ Li,@..,
h.@, @ff@old ..y ,p.i,. ,b.ildi.9 -1 @hi@h Ih@
b. Ti@i@ f,,, I,@ p,,i.d @@t@d i. i,@. 2 @,,d i@ @q.i,,d t. @hi@ p.,@g,.ph, I,@
i, ,@.@.bil ..(il@ @( li@, ,pli@.@ ..d di,@l p.y.,@.1 f . -,d@ f ti,, p,.@@@d@ f @.y
., it, d.ly @.1h,,,@ld @.,,,,d by h@ Li..,.@ ..d ... @i, @,@ii@bil 1. 11,@ G,,@@,.
Ti,@ .@, @h.11 b, li@i,@d to @h@ p.,PI.@ @P,61-1@d 1.@, f ., d..,@g@ t- -@Y it@- -1 P-@, -F th,
d Ti@i@ Li@@.@ @h.11 b, .,ith@, ..ig-@bl@ --l by it,@ .,.y b@ ..bl@ th@
@ff@@l @.@h ,p.i,. @b.ddi@g @.t th, Li--@ @h.11
if ..d f.,.,,h@d th, f., il@ -- -f
@.d th, p,.,@,d, .!I,,,@bi, 1. th, I.. d.@.91 hi@h h.@
p,,.,i.@ th, h@ll till f-, ill@ @-M ,,@i@d th, .1@d f., .,h @p@i,. b@@.
d@,,@i.,d by l,, i- @ith @ppli@.bi@ p.id (. th@ th@ PI.IL,PIIY '@f..,d . (h@
@.,d Lil@.., th@ f
f. Ti@, @.d @@pl.@l. pl-l@-. 111-i@-
@.@d k,lp i. g@-d ,,d,,. th, p,,..., @, f@lililill li,,.@d l@ ... by, i. Th@ .d@,,.ify @,,d
, thi@ i@,I.dl. b.1 @.1 it@ @ll li@bitily .,,d,, tt,@
A, I,@ di.,Iti.. ,f II,, ).,S,C, S@, '(,7 1. '690)
li.,il@d I., ,,-,d Ih@ .p@,@@ ,t F@d@,.l T,,,, Cl@i.... A,, (@,2 Sl@l. 8(,q. 992; 28 L
f th@ p"@,i@@ ., h, I,,, ,, f,), d,@ti, ", ij@'y t', @ll p@"..@, ", 1,1@ ", 1. th@
d.,i.g 11,@ p@'i.d fTh, f ,p,@. I,, b, b,,@.@ P,.P@,ty f @ll p@,@.., f,.. ti,, .. f ii,@ by (h@
i,y I@, 1,.1] b@ b@ p,.,..,,,g h@ @@p@@. f .@d @i,@il p,@if,@d ill 9 F@ll, PlliicY
f,@ I@, b.,i, f f ... ti@@.1 by li@, f @q.i,,d i@ it,. 1) b,,dily @.d thi,d p@,ly
Ti,i, F,@lti ... I p@,t ,f ti@, @V@.. b@ p,.,.,@d
if till @l I....g...... .. d,d .@", il@ .,i,@ly
i,l@ .... i..,i .... by l,, 11,@l "Ti@, ,t Li@it@d
f f.@d, I... ... P,,,,@ St@t@, ,l .),icl@ .... gi,@ @,i@ by @,@y p@y ... @.,t @,.dl
,p.i,, ti,@ @1.11 p@y Lill.l., it@ @@d,, thi, p,,Ii@y@"
t........ .h.,@, All ,q.i,@d by tt,i, I.,Illl@ h f.,.. t@,
N@, ddiii ... @, t,), p@,i,,d@ ,f ti ... 1. ,@d @ill@ ... l@ . .... ....y
tl@, p,i., )l th@ [,p,,., q.i,, @, @pp,@,@. A,f @,,tili@d ,)Py
,f Ihi@ t@ h, li,,cl,d h, li@, p,,Ii@y f ,k,,@ @i,@li h, dlp,,Iilld -ill, h,
.@d @,, @f ii,@ .,@d t@lilitill,
Illill) f ',O) d@, ...... 1,@
I,,d @,,p, ,f @.@h ..... .i,k@
k@ N. @,@,b@, .,t C,,@g ..... .. R,,id@,,, ( .) ....
,p@i,. ..y b, di,@,,@d by @.11 b, d ... itt@d t. @@y 111.1@ @, P-11 -f thi@ Li... .1 1- -@Y
-@ I1 "@,- @, f., b@@@f-.t th.1 ..y th@,@f,..: b., Ihi@ p,.@i@i.. @h.11 @.1 b,
,i,k
Th, Ih@ll ..t b@ b ... fit.
I... l." f, d@@@g, @, (h@ b@y,).d I Th, Ih@t t 1,@, @.t @.pi.,Id @.y p@",@-
,f th, ..d b, iik @,11
b, ......... . )f hi,
li@c ll,i,
I11 T. . . . . . .pI I T I I 11 @ I I ICI I I I Il@ I I I . ... . ........ . .......
...... @dt.cl. I,,k @,l @, @., ...... dt@, pl,ly c ... ...... h) ti@,
I Nil I@, L .......
P.,l ..... ..
li@, p@,i ........
d... ........ @,,, r..... ..
,l @lig ...... .@,l ... ... .........
@l@;tli .... 1,@d@, h,., I,, 1,@il,d t,,. Ih,
T I ...... ... ......I
@d
I@,p Th, ITI !lp tp i
Ll dll tl@ll p@,@g,@ph ii (1,@, I
Ih,@,,,, t@, Ih@ ..d ,, ti@ @f ill ...
It, (@ ... .... i.,h l@,, ,, d@.@g, All l@ ...... J,, h@ll b@ t@bj,Ll
;71 i: i, @i, ,t 11@,- f.citilil@ " 1,@ll ......
icc,II. . . . . .f1, pi ib .Id i ,g i@ , , b, p, @h tib pt
NAVFAC 1101li29 (6 7@) ll:-4
Addendum No. 1 to License N62470-
The following provisions are incorporated into and made a part of this
license:
1. The Licensee is hereby restricted from erecting, constructing, growing
or installing, whether public or private, any structure, building, antenna,
tower, wire, tree or other obstruction exeepting two 30-foot street lights,
stockpiles of sand, stone, gravel and other stored matet,ials not exceeding
30-feet above grade elevation, an 8-by-8-by-8-foot personnel shelter, a
6-foot chain link fence and a gas pump, together with the right of the
Government to enter upon the property and at its own cost and expense to
cut down, top or trim all trees, plants, vines and like obstructions,
and at the Licensee's cost and expense and free from any consequential
damages to alter or remove all structures, buildings, or other obstructions,
whatever their nature, extending more than the height previously described
which shall be erected, constructed or installed on the property from and
after the date of thi,, instrument.
2. No discharge of visible emissions into the outdoor atmosphere froul any
source situated on the above-described property shall exceed 20", opacity.
3. No lights shall be constructed or installed which will impair pilot
vision or produce confusing patterns (color and/or pattern of layout)
which could be mistaken for any lighting system associated with aircraft/
airfield operations. All projective lighting equipment (as defined in
the Illumination Engineering Society Handbook) such as floodliqhts and
searchlights and all prntective lighting such as street lights shall have
positive optical control such that no direct light is emitted above the
horizontal plane.
4. On the above-described property no bird feeding stations shall be
constructed or maintained, nor shall grain crops be planted that will not
be harvested when mature.
5. Title to Licensee-installed improvements shall remain in the Licensee
during the term and all renewal periods thereafter. Upon the expiration,
surrender, or prior termination of this license, or any renewals thereof,
Licensee shall, to the extent directed by the Licensor, remove all of its
improvements from and shall restore the licensed premises, in a manner
satisfactory to the Licensor and at the sole cost and expense of the
Licensee, to the condition in which it was received. All property not so
removed shall be deemed abandoned by Licensee and may be Used or disposed
of by the Licensor in any manner whatsoever without any liability to
account to the Licensee therefor; provided, however, that such abandoment
shall in no way reduce any obligation of the Licensee for restoration of
the licensed premises. The Licensee may, however, with the approval of
the Licensor abandon all or any part of the improvements placed on the
licensed property, in which event, Licensee's liability for restoration
shall be limited to such area or areas of the licensed property wherein
the Licensor has not accepted the improvements in lieu of such restoration.
6. it is expressly understood by the Licensee that in the event future
military requirements necessitate Licensor's use of the licensed premises,
this license may be terminated by Licensor at any time without any
requirement for prior notice thereof.
7. All expenses. of whatsoever nature, incurred by the Licensee through
its use of the licensed premises shall bedefrayed by the Licensee at no
cost to the Licensor.
8. The licensee by giving at least 30 days notice may terminate this agreement
if the funds to pay for the license for the years 1987-1988, 1988-1989 and/or
1989-1990 are not appropriated by the Council of the City of Virginia Beach,
Virginia. In no event are any funds that have already been paid to the
licensor to be refunded.
2
W4
0 Pro f
ST^T$Oft L----
7.
EXHIBIT
14tit4l o
CERTIFICATE OF SIGNATURE
the of
(NAME
I certify that
(ORGAN-INTION)
who signed attached license on behalf of the licensee,
, was at the time
(UR(iAN17ATIUN)
thereof: said license was duly signed by
with the authority of said organization's governing body and is
within the scope of its power.
[)AIt 51GNAIURL OF LI:Rll@ILK
CERTIFIED AS TO AVAILAPILITY OF FL:t,DS
C!tY 0-f Vi,u;nin s@c,
DEPARTMENT
Dti!e
10
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby Certify that
THOMAS H. MUEHLENBECK, City Manager, for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the 7 @ day of 19 has
acknowledged the same before me in my City and state aforesaid.
GIVEN under my hand this day of L-, 19
Notax
my Commission Expires: 31@,
3
- 20 -
item IV-J.2
CONSENT AGENDA ITEM # 33445
Gale Levine, 2245 West Great Neck Road, Phone: 496-7000, represented herself
and spoke In support of the Ordinance
Upon motion by Councliman Heischober, seconded by Councliman Clyburn, City
Council ADOFITED:
ordinance inviting bid proposals for the lease of
City-owned property which is a portion of relocated
Great Neck Road right-of-way under Long Creek
Bridge.
Voting- 10-0
Council Members Voting Aye:
John A. BaLp, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
1 AN ORDINANCE INVITING BID PROPOSALS
2 FOR THE LEASE OF CITY-OWNED PROPERTY
3 WHICH IS A PORTION OF RELOCATED
4 GREAT NECK ROAD RIGHT-OF-WAY UNDER
5 LONG CREEK BRIDGE
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA;
8 That the City Manager is hereby authorized and directed
9 to invite public competitive bids pursuant to Section 15.1-307, et
10 seg., of the Code of Virginia for the lease of City-owned property
11 described as a portion of relocated Great Neck Road Right-of-Way
12 under Long Creek Bridge for a term of forty (40) years under such
13 conditions as determined by the City Manager to be in the public
14 interest.
15 This ordinance shall be effective from the date of its
16 adoption.
17 Adopted by the Council of the City of Virginia Beach,
18 Virginia on the 18 day of eptember 1990.
19 CA-3916
20 NONCODE\CA-3916.ORD
21 R-1
pi
if
z
@cr.. cts20A@ Quoiew BENMON, DIBELL, ELKIN & TirUS, ITD.
... . .......... ... ...
M412INA .314oc2es nr
@wmg
vi
ti
110
<
e OIVG
,co .,,lI
- - - - - - - - - - - - - 2CATAMARAN El
Li
COIN Pi
-i iiNTi WAY
SANNOLIAR ti
PREAKERS GI
A @El
01,
ck P
;,-RD
//,PROPOSED LEASE OF CITY RIGHT OF'
LOCATED NORTH GREAT NECK R
14
If
c
PREPARED BY PW/ENGINEEI A .l@G
SCALE: 1" = 1600')) AL 1 4, 1 990
49
40 1/4f]
cc
LEVINE
z
!a LEVINE
w
cc
7)4 8
IOPOSED LEASE
PROPOS- ED LEASE OF CITY RIGHT OF WAY
,),,RELOCATED NORTH GREAT NECK R
-14 4;
PREPARED BY PW/ENGINEERING DRAFTING
SCALE: 1" = 200' --@AUGUST 20, 199(
- 21 -
Item IV-J.3.a.
CONSENT AGENDA ITEM # 33446
Upon motion by Vice Mayor Fentress, seconded by Councliman Heischober, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEFIT and APPROPRIATE a $63,613 grant
from the Department of Criminal Justlce Services in
the Sheriff's FY 1990-1991 Operating Budget re
Electronic Offender ?4onitoring Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. dones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and Wi I I i am D. Sessorns, Jr.
Council Members Votlng Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A @63,613 GRANT
2 FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES
3 IN THE SHERIFF'S FY 90-91 OPERATING BUDGET
4 FOR THE ELECTRONIC OFFENDER MONITORING PROGRAM
5 WHEREAS, the Sheriff's office is responsible for the incarceration of all
6 prisoners in the City of Virginia Beach;
7 WHEREAS, The Department of Criminal Justice Services is aware of the
8 overcrowded conditions at Virginia Beach correctional facilities and has awarded
9 the Sheriff's Office $63,613 to initiate an electronic offender monitoring
10 program;
11 WHEREAS, the grant provides funding for a full-time grant position and
12 associated equipment, supplies, and travel through June 30, 1991 with no city
13 funding match required;
14 WHEREAS, the program will increase bed space at Virginia Beach correctional
15 facilities by allowing selected inmates to serve their sentences at home while
16 being electronically monitored.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA that a grant in the amount of $63,613 be accepted and one full-
19 time grant position be established in the Sheriff's Office FY 90-91 Operating
20 Budget only for the term of the grant.
21 BE IT FURTHER ORDAINED that appropriations be offset by a $63,613 increase
22 in estimated revenue.
23 Adopted by the City Council of the City of Virginia Beach, Virginia, this
24 day of , 1990.
25 This shall be effective from the day of its adoption.
26 First Reading: September 18, 1990
27 Second Reading:
- 22 -
Item IV-J.3.b.
CONSENT AGENDA ITEM # 33447
Upon motion by Vice Mayor Fentress, seconded by Councliman Heischober, City
Council APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE a $25,000 grant from the
Chesapeake Bay Local Assistance Department; and, to
TRANSFER $11,301 from various sources within the FY
1990-1991 Operating Budget to the Office of
Environmental Management re Chesapeake Bay
Preservation Program.
Voting: 10-0
Council Members Voting Aye:
John A. BaLFn, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William 0. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
1 AN ORDINANCE TO APPROPRIATE A $25,000 GRANT FROM THE CHESAPEAKE BAY
2 LOCAL ASSISTANCE DEPARTMENT AND TO TRANSFER $11,301 FROM VARIOUS
3 SOURCES WITHIN THE FY 1990-1991 OPERATING BUDGET TO THE OFFICE OF
4 ENVIRONMENTAL MANAGEMENT FOR THE CHESAPEAKE BAY PRESERVATION PROGRAM
5 WHEREAS, the State Chesapeake Local Assistance Department has
6 provided a grant in the amount of $25,000 to support the hiring of an
7 Environmental Information Coordinator, with the grant requiring a city match of
8 $11,301;
9 WHEREAS, an existing vacant position from within the FY 1990-1991
10 Operating Budget will be transferred and converted to a full-time grant positiout
11 which shall exist only as long as the state grant funds are available;
12 WHEREAS, other staffing requirements to support the Chesapeake Bay
13 Preservation Program may be made, on an as needed basis, through the reassigrunent
14 of existing city staff;
15 WHEREAS, the funding to provide the $11,301 grant match will be
16 identified from within the FY 1990-1991 Operating Budget and transferred to the
17 Office of Envirorimental Management.
18 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA that a $25,000 grant from the Chesapeake Bay Local
20 Assistance Department be accepted and appropriated to the office of EnvirDrunental
21 Management for the purpose of hiring a grant position, which shall exist only
22 as long as grant funding is available for its support; that an existing position
23 be transferred and converted into tbis grant position; and that $11,301 be
24 transferred from various sources within the FY 1990-1991 Operating Budget to
25 provide for the local match.
26 BE IT FURTHER ORDAINED, that estimated revenues be increased by
27 $25,0000 to reflect the grant from the Chesapeake Bay Local Assistance
28 Department.
29 This ordinance shall be effective from the day of its adoption.
30 First Reading September 18, 1990
31 Second Reading
32 Adopted on this day 1990.
- 23 -
Item IV-J.4.a.
CONSENT AGENDA ITEM # 33448
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentre5s, CitY
Council APPROVED:
LOW BIDS:
DIXIE CONSTRUCTORS, INC. Lake Gaston Water Supply $3,754,953.00
OF VIRGINIA Contract B-1
CIP 5-964
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
James W. Brazier, Jr.,
- 24 -
Item IV-J.4.b.
CONSENT AGENDA ITEM # 33449
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council APPROVED-.
LOW BIDS:
CONRAD BROTHERS, INC. Resort Streetscape $2,947,139.10
lmprovernent, Sec. 11,
Phase 11 - CIP 2-049,
5-966, 6-925
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McC]anan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
- 25 -
Item IV-J.4.c.
CONSENT AGENDA ITEM # 33450
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council APPROVED:
LOW BIDS:
PRECON CONSTRUCTION CO. Resort Streetscape $693,330.00
Demonstration Construction
of Virginia Power Conduit,
Section Ill, Phase 1,
CIP 2-049
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
- 26 -
Item IV-J.5
CONSENT AGENDA ITEM # 33451
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing tax refunds In the amount of
$4,303.90 and upon application of certain persons
and upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Haroid Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
FORM NO. C.A. 7 8/22/90 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- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Falcon H. Guthrie 88 RE(1/2) 42978-5 11/13/87 87.70
Falcon H. Guthrie 88 RE(2/2) 42978-5 5/11/88 87.70
GMAC of Iowa 88 RE(1/2) 68302-7 11/18/87 4.38
GPIAC of Iowa 88 RE(2/2) 68302-7 6/5/88 4.38
GMAC of Iowa 89 RE(1/2) 70658-2 11/14/88 4.58
GMAC of Iowa 89 RE(2/2) 70658-2 5/16/89 4.58
Capitol Structure Corp 89 RE(1/2) 17360-2 12/5/88 8.24
Capitol Structure Corp 89 RE(1/2) 17359-5 11/27/89 455.04
Capitol Structure Corp 89 RE(2/2) 17359-5 11/27/89 435.11
Citifed Mortgage Co 90 RE(2/2) 123647-0 12/1/89 190.24
Cenit Bank 90 RE(1/2) 86146-5 12/5/89 24.93
Cenit Bank 90 RE(2/2) 86146-5 6/5/90 24.93
Margaret W. Smithson 90 RE(2/2) 63291-7 8/7/90 187.80
Secretary of Veterans Affairs 90 RE(1/2) 101876-8 6/8/90 56.64
Maurice & I. Steingold 90 RE(2/2) 3076-4 6/5/90 4.89
Maurice & I. Steingold 90 RE(2/2) 3077-3 6/5/90 2.45
MaUrice & I. Steingold 90 RE(2/2) 3078-2 6/5/90 319.97
Life Savings Bank 90 RE(2/2) 128183-9 6/5/90 10.02
Atlantic Permanent FSB 90 RE(1/2) 71865-6 12/5/89 48.85
Atlantic Permanent FSB 90 RE(2/2) 71865-F, 6/5/90 48.85
National City Mortgage Co 90 RE(1/2) 87086-5 11/24/89 21.06
T. H. VanFossen 90 RE(2/2) 121704-4 6/5/90 67.38
Mary Ruth Price 90 RE(1/2) 91090-1 11/3n/89 42.75
Mary Ruth Price 90 RE(2/2) 91090-1 6/4/90 42.75
Banc Plus Savings Assoc 90 RE(1/2) 111130-9 12/1/89 258.82
Banc Plus Savings Assoc 90 RE(2/2) 111130-9 5/31/90 258.82
Bailey Mortgage Co 90 RE(1/2) 12620-6 12/5/89 39.08
Va. Housing Dev. Authority 90 RE(1/2) 115942-8 12/5/89 294.19
Va. Housing r)ev. Authority 90 RE(1/2) 115943-7 12/5/89 463.10
Norman P. lleiss et als 90 PE(1/2) 120235-4 12/5/89 300.06
Norman P. Weiss et als 90 RE(1/2) 120236-3 12/5/89 145.55
Norman P. Weiss et als 90 RE(1/2) 120237-2 12/5/89 300.06
Fred B. Gentry N/A Pkng 295749 6/27/90 10.00
Kathryn McWhirter N/A Pkng 255058 8/F/90 15.00
Gary Todd, Jr. N/A Pkng 308420 6/20/90 6.00
Frances G. Taylor N/A Pkng 296160 6/28/90 10.00
George A. Dodelin N/A Pkng 295848 8/2/90 12.00
Martha L. Kendall N/A Pkng 339426 8/2/90 6.00
Total 4,303.90
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling d s to pay
$4,303.90 were approved by
the Council of the City of Virginia
Beach on the-18- day of September@ 199-
i-o@ f.- A@tk@ns@,-f@e@@urer
Ap p 0ved as to form:
Ruth Hodges Smith
City Clerk
si,e L L@ll@y,@ity
- 27 -
Item IV-J.6
CONSENT AGENDA ITEM # 33452
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPITED:
Ordinance authorizing license refunds in the amount
of $14,979.65 upon application of certain persons
and upon certification of the Commissioner of the
Royenue.
Voting: 10-0
Council Members Voting Aye:
John A. BaLyn, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndort, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay-.
None
Council Members Absent:
James W. Brazier, Jr.,
FORM NO. C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
A Cut Above Inc. 1989 Audit 31.12 31.12
2636 wimbledon Point Drive
virginia Beach, VA 23454
Ap
.pliance Repair Inc. 1989-90 Audit 386.66 386.66
973 Highams court
Woodbridge, VA 22191
Back Bay Production Inc. 1965-1987 Audit 46.89 46.89
842 Sedley Road
Virginia Beach, VA 23462
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to torm:
@eslie-L. Lilley
City Attorney
This ordinance shall be effective from date of
adoptic)n.
The above abatement(s) totaling $ 464. 67 were approved by the Council
of the City of Virginia Beach on the 18 day of September ,g 90
Ruth Hodges Smith
City Clerk
FORM NO. C,A, 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE RR:FUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OFTHE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification oi the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Baldwin, Jr., Arlow & Humes, J. J.
T/A Quality Coatings 1988-89 Audit 116.00 116.00
4999 Cleveland Street #7
Virginia Beach, VA 23462
Basgier & Assoc. Inc. 1990 6/15/90 270.00 270.00
3143 Magic Hollow Blvd.
Virginia Beach, VA 23456
Bush Construction Corp. 1987-89 Audit 112.03 112.03
5532 Raby Road
Norfolk, VA 23502
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
es,e L LIley
City Attorney
This ordinance shall be effective trom date of
adoption.
The above abatement(s) totaling .03 were approved by the Council
of the City of Virginia Beach on the 18 day of September
19 @0.
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 14EV,
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Checkered Flag Suzuki Inc. 1986-89 Audit 3,184.23 3,184.23
2865 Virginia Beach Blvd.
Virginia Beach, VA 23452
Culbert, Fred W. 1990 Audit 1,451.91 1,451.91
T/A McDonalds
628 Wickwood Drive
Chesapeake, VA 23320
Deanne Co., The 1988-90 Audit 537.88 537.88
T/A Willow Creek Pointe Assoc. LP
5656 Parliament Drive
Virginia Beach, VA 23462
Certified as to Payment:
Robert P. Vaughan@
Commissioner of the Revenue
Approved as to form
@eslie L. Lilley
City Attorney y
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $ 5,174.02 were approved by the Council
of the City of Virginia Beach on the 18 day of September 19 90
Ruth Hodges Smith
City Clerk
FORM NO. C.A, 0 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Dundon, Suzanne E. MD 1990 4/30/90 205.08 205.08
1209 Laskin Road
Virginia Beach, VA 23451
Eagle Industries Inc. 1987-88 Audit 40.09 40.09
1409 Midhurst Circle
Virginia Beach, VA 23464
Garmon, Terry W. 1988-89 Audit 64.38 64.38
T/A Broad Bay Outfitters
2421 Blue Castle Lane
Virginia Beach, VA 23454
Certified as to Payment:
P V.
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 309-55 were approved by the Council
of the City of Virginia Beach on the 18 day of September '19 90
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OFTHE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Gates, Russell, President 1988-89 Audit 153.43 153.43
Countach Enterprises Inc.
T/A Pierside News & Tobacco Co.
1008 Michaelwood Drive
Virginia Beach, VA 23452
GFI, Inc. 1988-89 Audit 1,644.06 1,644.06
T/A Peppermint Beach Rest. & Cabaret
1501 Atlantic Avenue
Virginia Beach, VA 23451
Goodman Segar Hogan Res. Sales
4560 South Blvd. 1989-90 Audit 2,889.31 2,889.31
Virginia Beach, VA 23452
Certified as to Payment:
F[6bert P. Vaughan
Commissioner of the Revenue
Approved as to form:
te-slie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 4,686. 80 were approved by the Council
of the City of Virginia Beach on the 18 day of September '19 90
Ruth Hodges Smith
City Clerk
FORM NO, C,A, 8 REV@ au
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Heath, will E. 1988-89 Audit 122.62 122.62
T/A Heath Harbour Trucking
249 Upperville Road
Virginia Beach, VA 23462
Hospitality At The Beach Ltd.
4501 Oceanfront Avenue 1987-89 Audit 19.20 19.20
Virginia Beach, VA 23451
Jarvis, Roy A. 1988 Audit 48.00 48.00
T/A Southside Construction
3010 Dekolta Court
Virginia Beach, VA 23456
Certified as to Payment:
Robert P. Vaughan e-I
Commissioner of the Revenue
Apprc)ved as to form:
@eslie L. Lilrey
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 189.82 were approved by the Council
of the City of Virginia Beach on the 18 day of September 19- 90
Ruth Hodges Smith
City Clerk
FORM NO. C,A. 8 REI.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OFTHE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Johnson, Susan E. 1987-89 Audit 25.00 25.00
T/A SLM Cleaninq service
6709 South Brandemere Road
Jacksonville, Florida 32211
Junior Colony Inc. 1989 Audit 147.74 147.74
T/A Amy Stoudt-Otiet mall
1871 S. Fifth Street
Allentown, PA 18103
Labidi, Abdelkader & Emily & Stauch, P.
T/A New Europe 1988-89 Audit 44.71 44.71
448 Marsh Duck way
Virginia Beach, VA 23451
Certified as to Payment:
Nobert P. Vaughan c- /
Commissioner of the Revenue
Approved as to form:
@esli@e L. Lilley
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $ 217. 45 were approved by the Council
September 90
of the City of Virginia Beach on the 18 day of 19 -
Ruth Hodges Smith
City Clerk
FOflM NO. C.@ 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
ortiz corporation 1989 Audit 50.00 5r,).OO
T/A The Leather spot
1121 Lord Dunmore Drive
Virginia Beach, VA 23464
Peterson, Jr., John H. 1987-88 Audit 842.39 842.39
T/A Terry/Peterson Associates I, II & IV
1520 Stone Moss court Ste. 201
Virginia Beach, VA 23462
Poole, Herbert L. 1989 Audit 150.51 150.51
T/A Poole construction co.
5733 Ranger Street
virginia Beach, VA 23464
Certified as to Payment:
@-R6bert P. Vaughan c-/
Commissioner of the Revenue
Approved as to form:
@eslie L. Lillry
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,042. 90 were approved by the Council
of the City of Virginia Beach on the 18 d,y f September '19 90
Ruth Hodges Smith
City Clerk
FORM NO. C,A@ 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Tank Lines Inc. 1989-90 Audit 2,162.92 2,162.92
T/A Papco Oil CO.
4920 Southern Blvd.
virginia Beach, VA 23462
Touchstone Development Corp.
909 High Gate mews 1988-89 Audit 233.49 233.49
virginia Beach, VA 23452
Certified as to Payment:
bert P. Vaughan
Commissioner of the Revenue
Approved as to form:
le L LIley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2, 396. 41 were approved by the Council
of the City of Virginia Beach on the 18 day of September 19 90
Ruth Hodges Smith
City Clerk
- 28 -
Item IV-K.I.a.
PUBLIC HEARING ITEM # 33453
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) CHESAPEAKE BAY PRESERVATION AREA
CITY CODE AMENDMENTS Appendix A, Sec. 101,
102, Ill and 200 of CZO
Appendlx B, Sec. 3.2,
3.3, 4.1, 4.2, 4.5,
5.10, 6.1 and 6.3 of the
Subdivision Ordinance.
Appendix C, Sec. 2, 3,
4, 5 and 7 of the Site
Plan Ordinances
ADDING Section 16 re
Stormwater Management
Ordinance to Appendix D.
ADDING Appendix F to be
known as Chesapeake Bay
Preservation Area Ordl-
nance.
Section 30-78 re erosion
and sedlment control
and tree protection.
ADDING Maps designating
geographic extent.
ORDINANCE TO AMEND and REORDAIN Chesapeake Bay Preser-
Article XXII, Chapter 2 vation Area Board.
(b) MAX L. AND PAMELA B. CROSSON VARIANCE
(c) GALE M. AND DAVID 1. LEVINE CHANGE OF ZONING
DISTRICT CLASSIFICATION
(d) DOUGLAS G. DICKERSON CONDITIONAL USE PERMIT
(e) HAROLD SAUNDERS VARIANCE
(f) ANDREW R. BROYLES VARIANCE
(g) CZO AMENDMENT Private Sewage Treatment
facilities
- 29 -
Item V-J.l.a.
PUBLIC HEARING ITEM # 33454
PLANNING
The following reglstered to speak relative the CHESAPEAKE BAY PRESERVATION AREA
REGULATIONS:
Ronald D. Morrison, 1105 Brattleboro Arch, Phone: 490-3141/467-4738. Mr.
Morrison did not believe the "think tank" or the "Environmental Fabian
Society" that has developed the Chesapeake Bay Preservation Rules and
Regulations understands what contaminates the Bay.
Ralph Poole, 1953 King William Road, Phone: 464-5918, Chairman of the
Environmental Standing Committee of the Council of Civic Organizations. The
CCO requests Back Bay, the North Landing River, Owl Creek and all of the
tributaries, be included within the Ordinance.
Delegate Glenn Croshaw, Jr., One Columbus Center, represented the National
Swimming Pool Institute and requested an exemption for swimming pools In the
final Ordinance Version. Letter and documents are hereby made a part of the
record.
C. G. Harris, 1825 Greenhill Road, Phone: 481-0793, represented self. Mernber of
1986-1987 Land Study Panel appointed by the State Legislator. Eighteen months
were spent interviewing, analyzing and discussing recommendations to the state
legislature which formulated the foundation for the ultimate act which was
entitled the Chesapeake Bay Local Assistant Act. The City of Virginia Beach is
not in the geograph[c area which could have an Impact on the Chesapeake Bay.
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens
Action Coalition supported the staff recommendations at the minimum, but
would be interested In having the recommendations extended to the Back Bay
Waters.
Carol Brighten, 4528 Lauderdale Avenue, Phone: 464-4648, urged the adoption of
plans that fulfill the requirements of the States' Chesapeake Bay Requiations
and, in addition, include those areas of Virginia Beach not In the Chesapeake
Bay Watershed.
Steve Barnes, 1100 McClanan Lane, Phone: 426-2241, represented the Virginia
Beach Farm Bureau as a Member of the Board of Directors. Mr. Barnes is a
Farmer on Back Bay. The Virginia Beach Farm Bureau is opposed to Including the
southern part of the City in the Chesapeake Bay Preservation Act. The water
from the Southern part flows Into the Currituck Sound and North Carolina.
Chuck Traub, 784 Glasgow Court, Phone: 340-9056, requested Back Bay and the
North Landing River be Included in the City Staff recommendations. Mr. Traub
requested the Planning Co(nmission Proposal be rejected.
Sue Carlyle, North Woodhouse Road, Phone: 481-2538, represented the Virginia
Beach Chapter of the Audobon Society as Vice President. Dr. Spencer Wise as
President in a letter to City Council endorsed the Inclusion of all Watersheds
within the boundary of the Chesapeake Bay Preservation Area. Mrs. Carlyle
spoke In support of the City Staff recommendations with the Inclusions of all
the watersheds within the boundary of the Chesapeake Bay Preservation Area.
Mike P. Rashkind, 3140 Kline Drive, Phone: 463-1800, represented the Tidewater
Builders Association as First Vice President. TBA supports recommendations of
the Planning Commission.
Anne Greenberg, 4124 Ewell Road, Phone: 464-4949. Mrs. Greenberg prefers the
City Staff recommendation but this Is minimal and needs to be stronger. She is
in favor of WORKSHOPS. The Bay needs to be protected and the variance
procedure needs to be specific.
Tim Solanic, 4727 Elbow Court, Phone: 456-0214, read the statement of Robert
Dean, Chairman of the Southeastern Association for Virginials Environment.
There were 2184 volunteers for the 1989 CLEAN THE BAY DAY. In 1990's effort,
there were 6700 volunteers. The Association would support the City Staff's
recommendation.
- 30 -
Item V-K.l.a.
PUBLIC HEARING ITEM # 33454 (Continued)
PLANNING
Jan El iassen, 1472 Mill Landing Road, Phone: 462-7102, President of the Back
Bay Civic League. Mr. El lassen supported the original recommendation of the
City Staff and the original decision of the League supported the Inclusion of
Back Bay and the North Landing River in the recommendations as stated In a
letter to City Council. Mr. El lassen was In favor of having workshops as this
decision of the League could be reconsidered.
William M. Davenport, Post Office Box 5000, Phone: 422-0232, Landscape
Architect. Mr. Davenport referenced various portions of the Ordinances and
requested the Insertion of certified landscape architect. Mr. Davenport could
not state at the present time his support of either the Staff's or Planning
Commission's recornmendation.
El lzabeth Thornton, 719 Wood Duck Lane, Phone: 487-8209, Program Vice President
of the League of Women Voters of Norfolk and Virginia Beach. Mrs. Thornton
distributed a letter frorn the League of Women Voters In support of a
stringent Chesapeake Bay Preservation Area Ordinance to preserve the water
quality of the Chesapeake Bay and Its tributaries Mrs. Thornton requested
rejection of the Planning Commission's recommendation. Said letter is hereby
made a part of the record.
Michael J. Barrett, Phone: 490-1221, Chairman Legislative Committee/Hampton
Roads Chamber of Cornmerce-Virglnia Beach. The Chamber supports the objectives
of the Chesapeake Bay Preservation Act, but bel ieves there should be a
continuing process to gauge the cost of the regulations against the potential
benefits. The Chamber supports specific recommendations made by the Planning
Commission. Letter dated September 18, 1990, frorn the Chamber is hereby made a
part of the record.
Estalena Thomas, National Resources Planner with the Chesapeake Bay Foundation,
Phone 1-780-1392. The Foundation is a private non-profit conservation
organization and has been In existance since 1962. The Foundation OPPOSES the
Planning Commission's recommended ordinances and offered their assistance.
Richard Whittemore, 313 Pike Circle, Phone: 462-7245, President of the Back Bay
Restoration Foundation, dedicated to the enhancement and preservation of the
Back Bay environs and watershed. The Foundation supports the City Staff's
recommendation but requests the boundaries be expanded to Include Back Bay and
North Landing River Watersheds.
Edward L. Vaughan, 1628 Mill Landing Road, Phone: 426-6452, represented the
farmers as a farmer for forty-seven years. The rural lowlands of Virginia
Beach do not drain Into Chesapeake Bay. Water does not run uphill.
Attorney R. Edward Bourdon, 964 Kela Crescent, Phone: 491-1767, concurred with
the recommendations of the Hampton Roads Chamber of Commerce.
Georgette Constant-Davis, 110 82nd Street, Phone: 422-2948, supported Plannlng
Commissioner Judith Dockery's motion to tighten up the definition of IDA'S so
it does not apply to R-4 zoning, to Include the southern part of the City and
to take out the word "perennial". Mrs. Constant-Davis is pleased with the
possibility of WORKSHOPS. Mrs. Constant-Davis referenced the "Realtor" and
the article: "Challenge for Realtors", related to the Chesapeake Bay
Preservation Regulations.
Joe Wharton, 3437 Middle Plantation, Phone: 498-1800. Mr. Wharton Is Presidnet
of Land Use, Inc. Mr. Wharton endorsed the Planning Cornmission's
recommendation and urged WORKSHOPS with citizen participation. Responsible,
minimal legislation should be enacted.
- 31 -
Item V-K.l.a.
PUBLIC HEARING ITEM # 33454 (Continued)
PLANNING
Jack Haworth, represented the Tidewater Association of Realtors, Phone: 490-
7005. Builders and realtors are concerned about the environmental Impact.
There should be a balance between economic and environmentai Impact and
private property rights. The TAR preferred the Planning Commission's
recommendation with the emphasis on the Chesapeake Bay Watershed.
Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000, represented herself
and advised two of the provisions In the Civic League Bylaws have been
violated.
Attorney Stuart Gordon, 1150 Horn Point Road, Phone: 721-2002, Vice President
of SAVE, a local environmental organization comprised of over 250 members
after having been in existance only one month. Non-tidal wetlands Is extremely
expansive under the Federal Act. Al I the Chesapeake Bay Preservation Act Is
seeking to do Is try to prevent run-off from the non-tidal Into the tidal.
The Maryland Department of Economic and Employment Development In 1989 placed
a value of $678-BILLION on the Chesapeake Bay (Maryland and Virginia). If
water quality should decline, the premium paid for Bay sites will decline, as
well. SAVE Is in support of the City Staff's recommendation.
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council DEFERRED for the City Council Session of October 23, 1990:
CHESAPEAKE BAY PRESERVATION AREA REGULATIONS:
Ordinances to AMEND and REORDAIN the Code of the
City of Virglnia Beach, Virginia:
(a) Appendix A, Sections 101, 102, Ill and 200 of
the City Zoning Ordinance re legislative
Intent, establishments of districts and
official zoning maps, definitions and zoning
lots.
( b) Appendix B, Sections 5.10, 6.1 and 6.3 of the
Subdivision Ordinance re underground utilities,
preliminary plats and data generally and final
piats and data.
(c) Appendix C, Sections 2, 3, 4, 5 and 7 of the
Site Plan Ordinance re uses requiring site plan
review, procedures, Information required on
site development plan, minimum standards and
specifications and variances and appeals.
(d) ADDING Section 16 re Stormwater Management
Ordinance to Appendix D.
(e) ADDING Appendix F to be known as the Chesapeake
Bay Preservation Area Ordinance.
(f) Section 30-78 re erosion and sediment control
and tree protection.
(g) ADDING Maps designating geographic extent.
Ordinance to AMEND and REORDAIN Article XXII,
Chapter 2, of the Code of the City of Virginia
Beach by ADDING Section 2-452.1 re creation of the
Chesapeake Bay Preservation Area Board.
- 32 -
Item V-K.I.a.
PUBLIC HEARING ITEM # 33454 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.,
- 33 -
Item IV-K.I.b.
PUBLIC HEARING ITEM # 33455
PLANNING
Pamela B. Crosson, the applicant, represented herself
Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council
APPROVED the application of MAX L. AND PAMELA B. CROSSON for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Max L. and Pamela B.
Crosson for a Variance. The property is located at
2345 South Stowe Road. PUNGO BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 34 -
Item V-K.l.c.
PUBLIC HEARING ITEM # 33456
PlANNING BY CONSENT
Gale M. Levine, 2245 West Great Neck Road, Phone: 497-7000, represented herself
and requested DEFERRAL.
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council DEFERRED until the City Council Session of October 9, 1990, an
Ordinance upon application of GAIE M. AND DAVID I. LEVINE for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF GALE M. AND DAVID I.
LEVINE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-36 TO B-12
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Gale M. and David I.
Levine for a Change of Zoning District
Classification from A-36 Apartment District to B-2
Community Business District on the east side of
Great Neck Road, 580 feet more or less south of
Lynnhaven Drive. The parcel is located at 2100
Marina Shore Drive and contains 21,740.79 square
feet. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
This item was BROUGHT FORWARD on the Agenda prior to Item I.2.
- 35 -
Item IV-K.I.d.
PUBLIC HEARING ITEM # 33457
PLANNING
Attorney Frederick T. Stant, ill, 900 One Columbus Center, Phone: 473-5342,
represented the applicant
Alvin L. Lamb, 1973 Pleasant Ridge Road, spoke in OPPOSITION.
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Fentress, City
Council ADOPRTED an Ordinance upon application of DOUGLAS G. DICKERSON for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DOUGLAS G. DICKERSON
FOR A CONDITIONAL USE PERMIT FOR BOARDING HORSES
R09901331
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Douglas G. Dickerson
for a Conditional Use Permit for boarding horses at
the northwest corner of Princess Anne Road and
Jarvis Road. The parcel is located at 1437 Princess
Anne Road and contains 61.7 acres. PLJNGO BC)ROUGH.
The following conditions shall be required:
1. A right-of-way dedication is required along Jarvis
Road to provide for a standard 50-foot right-of-
way. Approximately ten feet of right-of-way will be
required.
2. A maximum of 40 boarding horses will be allowed. No
rental of horses to the general public will be
permitted.
3. An approved land management plan Is required prior
to construction of the boarding facility.
4. Health Department approval of the septic system Is
required before construction of any facilities or
boarding of horses.
5. A parking area with a minimum area of 5,500 square
feet Is required In addition to an appropriate turn
around.
6. A four foot wide by six Inch deep grave shoulder
extending 50 feet on both sides of the proposed
driveway Is required.
7. One public restroom shall be provided.
8. The southwest corner of this site Is to be cleared
In order to provide visual clearance at the curve.
This Ordinance shall be effective In accordance with Section 107 (f) of the
Zoning Ordlnance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth of Septernber, Nineteen Hundred and Ninety.
- 36 -
Item IV-K.I.d.
PUBLIC HEARING ITEM # 33457 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 37 -
Item IV-K.l.e.
PUBLIC HEARING ITEM # 33458
PLANNING
Attorney Edward Bourdon, c/o Pembroke One Building, Fifth Floor, represented
the applicant
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council APPROVED the application of HAROLJ) SAUNDERS for a Variance to Section
4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Harold Saunders for a
Variance. The property is located on the west side
of Morris Neck Road, 460 feet south of Ray Way.
PUNGO BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 38 -
Item IV-K.l.f.
PUBLIC BEARING ITEM # 33459
PLANNING
Andrew R. Broyles, 320 Chesopiean Trail, Phone: 486-5678, represented himself
The following registered in OPPOSITION but did not speak
Kathleen Davis, 304 Chesopeian Trail, Phone: 463-2093
Berwyn B. Gehgan, 2605 South Kings Road, Phone: 463-9739, represented the
Chesopeian Colony Civic League
Upon motion by Councilman Sessoms, seconded by Councilman Lanteigne, City
Council DENIED the application of ANDREW R. BROYLES for a Variance to Section
4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Andrew Richard Broyles
for a Variance. The property is located at 320
Chesopeian Trial. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 39 -
Item IV-K.I.g.
PUBLIC HEARING ITEM # 33460
PLANNING
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN the City Zoning
Ordinance re private sewage treatment facilities:
(a) Sections 111, 240, 401 and 501.
(b) ADDING Section 239.1 to Article 2.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 11 1, 240, 401 AND 501 OFTHE CITY ZONING ORDINANCE,
3 AND TO ADD A NEW SECTION 239.1, PERTAINING TO
4 PRIVATE SEWAGE TREATMENT FACILITIES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 That Sections 111, 240, 401 and 501 of the City Zoning Ordinance be, and
8 hereby are, amended and reordained, and a new Section 239.1 of the City Zoning
9 Ordinance is hereby added, to read as follows:
10 Sec. 111. Definitions.
11
12 Private Sewage Treatment Facility. Any works, owned or operated by a r)erson or
13 entity other than the City of Virginia Beach or the Hampton Roads Sanitation Distric-t
14 for the treatment of sewage. The term shall include treatment works, intercer)tor sewers-
1 5 outfall sewers, sewage convevance svstems, and their equipment and appurtenances,
1 6 but shall not include on-site septic tank systems or similar systems servina individual
1 7 residential lots or facilities connected to the public sewer system.
1 8 Sec. 239.1. Private sewage treatment facilities.
1 9 (a) An application for a conditional use permit for a private sewage treatment
20 facility shall be accompanied by an engineerinci study, which shall include a biosassay
21 of the receiving waters and a wasteload allocation. Such study shall be reviewed by
22 appror)riate departments of the city to determine whether the effluent discharged from
23 the i)ror)osed facility will degrade the ambient water ouality of the receivina stream or
24 other waterbody or have an adverse effect upon groundwater. Only those applications
25 in which the engineering study demonstrates that the ambient water quality of the
26 receiving stream or other waterbody will not be degraded, and that the groundwater
27 will not be adversely affected, by the effluent discharoed bv the r)ror)osed facility shall
28 be transmitted to the planning commission by the Dlannina director. All other
29 applications shall be returned to the aor)licant bv the planning director.
30 (b) Private sewage treatment facilities shall be Permitted only as conditional
31 uses in the AG-1 and AG-2 Agricultural Districts and in Residential Districts. No such
32 f aci mitted in. any district as an accessory use or in a Resource
33 rotection Area.
34 (c) No such faciii!Y shall be r)ermitted on any site
35 for which public sewer svstems are reasonably available.
36 (d) The following reauirements and restrictions shall be conditions of all
37 conditional use permits granted by the city council r)ursuant to this section, whether or
38 not exoresslv stated:
39 (1) In the event a r)ublic sewer svstem ot)erated bv the City of Virginia
40 Beach or the Hami)ton Roads Sanitation District becomes
41 reasonably available to a site served by a private sewa-ge treatment
42 facility, the facility shall, within such time as may be prescribed in
43 the conditional use permit, be decommissioned and its sewaae
44 conveyance system connected to the public system. The cost of
45 decommissioning and connection to the public sewer system shall
46 be borne by the owner or operator of the facility and shall be
47 bonded or otherwise secured by appropriate surety prior to the
48 issuance of a building permite
49 (2) Such facilities shall be configured so as to facilitate connection to
50 the public sewer system*
51 (3) Such facilities shall be subwect to inspection by the city at all
52 reasonable times and upon reasonable notice:
53 (4) The operator of the facility shall take samples of influent and effluent
54 from the facility on a daily basis and shall analyze, or contract with
55 a laboratory to analyze, such parameters as may be deemed
2
56 r e director of the office of environmental
57 management. P
58 At a minimum, such garameters shall, unless waived by the
59 director, include the following:
60 (i) biochemical oxvqen demand (@D
61 iQi total susr)ended solids (TSS)O
62 fecal coliform;
63 (iv) total residual chlorine, if chlorine is usedSS
64 Lvl ammonia (as elemental nitroaen);
65 (\(i) oil and areases
66
67 dissolved hydrogen ([)H)o
68 (ix) temperaturem
69 (x) total orcianic carbon (TOC)O
70 (5) In the event any discharcie parameter set forth in the facility's
71 Virginia Pollutant Discharge Elimination System (VPDES) Permit is
72 exceeded, the operator shall immediately notify the director of the
73 office of environmental management. The director may, in such
74 cases, reciuire submissions of effluent analyses more frequently than
75 once per months
76 (6) There shall be an annual fee paid by the owner or or)erator of the
77 plant in such amount as will defray the cost of inspection and
78 monitoring by the citys
79 (7) Operators shall be certified in accordance with the Rules and
80 Regulations of the State Board for Certification of Operators of
81 Wastewater Works.
82 (e) The r)rovisions of this section shall be deemed to be severable.
83 Sec. 240. Recreational Gampgrounds.
84 Recreational campgrounds shall be subject to the following conditions:
3
85 (a) Physical character of site. Condition of soil, groundwater level, drainage
86 and topography shall not create hazards to the property or the health or safety of the
87 occupants. The site shall not be exposed to objectionable smoke, noise, odors, or
88 other adverse influences, and no portion subject to unpredietable and/or sudden
89 flooding, sub-sidence or erosion shall be used for any purpose which would expose
90 persons or property to hazards.
91 (b) Location and access. No recreational campground shall be created in
92 any location unless it is served by roads so located and improved as to assure safe
93 access during periods of operation.
94 (c) Permitted principal uses and structures are as follows:
95 (1) Uses of transportable recreational housing, other than for permanent
96 occupancy as dwelling units, except as specified in subsection (d),
97 provided that storage of unoccupied units not in a condition for safe
98 occupancy and sale of units shall be prohibited. It shall be the
99 responsibility of the recreational campground operator to enforce the
100 provisions of this subdivision.
101 (2) Structures and uses required for the operation, maintenance and
102 management of the recreational campground.
103 (d) Permitted accessory uses and structures. Includes uses and structures
104 customarily accessory and clearly incidental and subordinate to permitted uses and
.105 structures, including permanent mobile homes with a maximum of one mobile home
106 per one hundred fifty (150) recreational campground spaces, not to exceed five (5)
107 mobile homes, for the specific purpose of occupancy of employees operating and
108 maintaining the recreational campground. Private sewage treatment facilities shall not
109 be Dermitted exceidt bv conditional use permit.
110 (e) Permissible uses and structures. In addition to principal and accessory
ill uses and structures permitted by right, facilities planned for development as part of the
112 district and promoting the comfort, convenience or enjoyment of campers within the
113 district may be permitted by the governing body subject to limitations and requirements
114 stated below in particular, and to such additional conditions and safeguards as may be
4
115 established by the governing body as appropriate to the circumstances of the particular
116 district and its relation to surrounding property. Such facilities include the following:
117 (1) Recreational campground convenience establishments. Establishments for
118 the sale or rental of supplies or for provision of services, for satisfaction
119 of daily or frequent needs of campers, within the district may be
120 permifted. Such establishments include those providing groceries, ice,
121 sundries, bait, fishing equipment, self-service laundry equipment and the
122 like but not sale of gasoline to automobiles. Such establishments shall be
123 designed to serve only the needs of campers within the campground, but
124 shall not, including their parking areas, occupy more than two (2) percent
125 of the area of the campground and shall not be so located as to aftract
126 patronage from outside the grounds, nor to have adverse effects on
127 surrounding land uses.
128 (2) Marinas, launching ramps. Marinas, launching ramps and the like may be
129 permifted when appropriate to the character and location of the
130 campground, provided that such installations shall not provide facilities for
131 long term storage of boats other than those rented in connection with the
132 campground operation, or for major repair or overhaul of boats.
133 Requirements and restrictions applied in particular cases may include
134 limitations on hours and manner of operation, requirements for appropriate
135 parking space for boat trailers, and the like.
136 Minimum dimensional requirements:
137 (1) Minimum area for creation of a recreational campground shall be twenty-
138 five (25) acres. At the opening of any recreational campground for
139 occupancy by units, all required facilities and improvements shall have
140 been completed, and the minimum number of spaces available and ready
141 for occupancy shall be fifty (50). Maximum density in recreational
142 campgrounds shall not exceed twelve (12) spaces per acre. Signs shall
143 be as allowed in the district where the use is first permifted as a
144 conditional use.
5
145 (2) Recreation area. Not less than eight (8) percent of the area of the
146 recreational campground shall be devoted to recreation area. Such
147 recreation area may include space for common walkways and related
148 landscaping in block interiors provided that such common open space is
149 at least twenty (20) feet in width, as passive recreation space, but shall
150 include at least half of the total required recreational area in facilities for
151 active recreation, such as swimming pools or beaches, ballfields,
152 shuffleboard courts, play lots for small children and the like, of a nature
153 so designed to serve the type of campers anticipated and so located as
154 to be readily available from all spaces and free from traffic hazards.
155 Sec. 401. Use regulations
156 (a) Principal and conditional uses.
157 The following chart lists those uses permitted within the AG-1 and AG-2
158 Agricultural Districts. Those uses and structures in the respective agricultural districts
159 shall be permitted as either principal uses indicted by a P or as conditional uses
160 indicated by a C. Uses and structures indicated by an X shall be prohibited in the
161 respective districts. No uses or structures other than as specified shall be permifted.
162 USE AG-1 AG-2
163 Agricultural and horticultural uses, including
164 orchards, vineyards, nurseries and the raising
165 and grazing of livestock and swine and the
166 keeping of bees p p
167 Airports, heliports and helistops c c
168 Animal hospitals, pounds, shelters, commercial
169 and residential kennels c c
170 Borrow pit c c
171 Cemetery, columbarium, crematory and mausoleum c c
172 Child care education centers in connection
173 with public or private elementary schools
174 or churches p p
175 Child care education centers, day nurseries,
176 other than those permitted as principal uses
177 and structures, when not operated by a public
178 agency c c
179 Churches c c
180 Community centers c c
181 Country inns c c
182 Drive-in theaters c c
183 Dwelling, single family addition p p
184 Dwellings, duplex x x
185 Dwellings, single family c p
186 Family care homes, foster homes or group homes c c
187 Fish hatcheries and fish ponds p p
188 Forests and forestry p p
6
189 USE AG-1 AG-2
190 Fraternity and sorority houses, student dorm-
191 itories and student centers; provided that
192 they be located within a one mile radius of
193 a college or university c c
194 Game preserves p p
195 Golf courses, including par 3 with a minimum
196 area of 10 acres, and miniature golf courses c c
197 Home occupations, including those conducted
198 outside the principal structures c c
199 Homes for the aged, disabled or handicapped,
200 including convalescent or nursing homes c c
201 Hospitals and sanitariums c c
202 Lodges for fraternal organizations c c
203 Marinas, non-commercial and community boat
204 docks c c
205 Maternity homes c c
206 Monasteries and convents c c
207 Museums and art galleries when not operated
208 by a public agency c c
209 Private schools having curriculums similar to
210 public schools c c
211 Private sewage treatment facilitie c c
212 Public elementary, intermediate and high
213 schools, colleges and universities; day
214 nurseries in connection with public or
215 private elementary schools or churches p p
216 Public parks, recreational areas, botanical and
217 zoological gardens, golf courses, marinas and
218 other public buildings and uses p p
219 Public utility installations and substations;
220 provided offices, storage or maintenance
221 facilities shall not be permitted; and provided,
222 further, that utilities substations other than
223 individual transformers, shall be surrounded by
224 Category V screening, solid except for entrances
225 and exits; and provided also, transformer vaults
226 for underground utilities and the like shall
227 require Category I screening, solid except for
228 access openings p p
229 Public utility transformer stations and major
230 transmission lines and towers (50,000 volts or
231 more) c c
232 Recreation and amusement facilities of an outdoor
233 nature other than those specified as principal
234 uses, which may be partially or temporarily
235 enclosed on a seasonal basis, with the approval
236 of City Council c c
237 Repair of agricultural equipment c c
238 Recreational campgrounds c c
239 Retail sales of garden supplies, equipment, and
240 material, as a subsidiary use to a plant nursery,
241 provided that the sales is enclosed and limited to
242 a maximum floor area of five hundred (500) square
243 feet. c c
244 Riding academies, horses for hire or boarding c c
245 Shelter for farm employees c c
246 Storage and maintenance installations for public
247 utilities c c
7
248 USE AG-1 AG-2
249 Television or other broadcasting stations and
250 line of sight relay devices c c
251 Wells, water reservoirs, and water control
252 structures p p
253 (b) Accessory uses and structures: Uses and structures which are
254 customarily accessory and clearly incidental and subordinate to principal uses and
255 structures, including but not limited to:
256 (1) In connection with agricultural use, no more than one roadside stand for
257 sale of agricultural products produced by the operator of the roadside
258 stand, provided that:
259 (i) No such stand shall exceed five hundred (500) square feet in floor
260 area;
261 (ii) No stand shall be erected within twenty (20) feet of the property
262 line fronting on any street;
263 (iii) The operator of the stand must be the owner or operator of the
264 agricultural property on which the stand is located;
265 (iv) At least fifty (50) percent by value of the produce sold from the
266 stand shall have been produced on the lot or parcel on which the
267 stand is located.
268 (2) An accessory activity operated for profit in a residential dwelling unit
269 where there is no change in the outside appearance of the building or
270 premises or any visible or audible evidence detectable from outside the
271 building lot, either permanently or intermiftently, of the conduct of such
272 business except for one nonilluminated identification sign not more than
273 one square foot in area mounted flat against the residence; where no
274 traffic is generated, including traffic by commercial delivery vehicles, by
275 such activity in greater volumes than would normally be expected in the
276 neighborhood, and any need for parking generated by the conduct of
277 such activity is met off the street and other than in a required front yard;
278 where the activity is conducted on the premises which is the bona fide
279 residence of the principal practitioner, and no person other than
280 members of the immediate family occupying such dwelling units is
281 employed in the activity; where such activity is conducted only in the
282 principal structure on the lot; where there are no sales to the general
283 public of products or merchandise from the home; and where the activity
284 is specifically designed or conducted to permit no more than one patron,
285 customer, or pupil to be present on the premises at any one time. The
286 following are specifically prohibited as accessory activities: Convalescent
287 or nursing homes, tourist homes, massage parlors, radio or television
288 repair shops, auto repair shops, or similar establishments.
289 Sec. 501. Use regulations
290 (a) Principal and conditional uses.
291 The following chart lists those uses permitted within the R-40 through R-2.5
292 Residential Districts. Those uses and structures in the respective residential districts
293 shall be permitted as either principal uses indicted by a P or as conditional uses
294 indicated by a C. Uses and structures indicated by an X shall be prohibited in the
295 respective districts. No uses or structures other than as specified shall be permitted.
RESIDENTIAL DISTRICTS
296 USES R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5
297 Agricultural and horticulturalp p p p p p p p p p
298 uses except for the keeping of
299 poultry and livestock
300 Borrow pit c c c c c c c c c c
8
301 RESIDENTIAL DISTRICTS -5 -5S
302 USES R-40 R-30 R2D R15 R10 R 7 5 R-5D R R R R 5
303 Cemetery, columbarium, x x x c c c c c c x
304 crematory and mausoleum
305 Child care centers and child p p p p p p p p p p
306 care education centers in
307 conjunction with publ!C or
308 private elementary schools or
309 churches
310 Churches c c c c c c c c c c
311 Colleges and universfties, public p p p p p p p p p p
312 Community centers, public p p p p p p p p p p
313 Convalescent homes, private x x x c c c c c c x
314 Dormftories, student provided c c c c c c c c c x
315 that they are located within a
316 one-mile radius of an
317 established college or universfty
318 Dwellings, attached x x x x x x x x x p
319 Dwellings, duplex x x x x x x p p x x
320 Dwellings, semidetached x x x x x x p p x x
321 Dwellings, single4amily p p p p p p p p p x
322 Family care homes c c c c c c c c c c
323 Foster homes c c c c c c c c c c
324 Fraternity and sorority houses c c c c c c c c c x
325 provided they are located within
326 a one-mile radius of an
327 established college or university
328 Goff courses, nonilluminated, c c c c c c c c c c
329 including par 3 but not
330 miniature, with a minimum area
331 of 10 acres, together with such
332 uses which are incidental to goff
333 courses, provided that such
334 uses shall be designed and
335 scaled to meet only the
336 requirements of the members,
337 guests, or users of the golf
338 course, and no signs or other
339 indications of such uses shall
340 be visible from any public way
341 Group homes c c c c c c c c c c
342 Home occupation c c c c c c c c c c
343 Homes for the aged, disabled x x x c c c c c c x
344 when not operated by a public
345 agency
346 Horse stables, including barns c x x x x x x x x x
347 or other structures buift for the
348 purpose of boarding horses,
349 provided that no stable or barn
350 shall be located within 300 feet
351 of a property line
352 Hospitals and sanitariums x x x c c c c c 0 x
353 Kennels, residential c c c c c c c c c x
354 Marinas, noncommercial and c c c c c c c c c c
355 community boat docks
356 Museums and art galleries, c c c c c c c c c c
357 private
9
358 RESIDENTIAL DISTRICTS
359 USES R-40 R-30 R o R 15 R lo R 7 5 R-5D R-SR R-5S R-2.5
360 Nursing homes, when not x x x c c c c c c x
361 operated by a public agency
362 c c c c c C C C C 0
363 facillfies
364 Public parks, recreational areas, p p p p p p p p p p
365 botanical and zoological
366 gardens and other public
367 buildings and uses
368 Public util@ty installations and p p p p p p p p p p
369 substations; provided offices,
370 storage or maintenance facilities
371 shall not be permitted; and
372 provided, further, that utilities
373 substations other than individual
374 transformers, shall b e
375 surrounded by Category V
376 screening, solid except for
377 entrances and exfts; and
378 provided also, transformer vaufts
379 for underground utilities and the
380 like shall require Category 1
381 screening, solid except for
382 access openings
383 Recreation and amusement c c c c c c c c c c
384 facilities of an outdoor nature
385 other than those specified as
386 principal uses, which may be
387 partially or temporarily enclosed
388 on a seasonal basis, with the
389 approval of city council, except
390 that riding academies and
391 recreational campgrounds shall
392 not be allowed
393 Schools, private when having c c c c c c c c c c
394 academic curriculums similar to
395 public schools
396 Schools, public p p p p p p p p p p
397 Storage or maintenance c c c c c c c c c c
398 installation for public utilities
399 Television or other broadcasting c c c c c c c c 0 c
400 stations and line-of-sight relay
401 devices
402 Theaters for live production 0 c c c c c c c c c
403 (b) Accessory uses and structures: Uses and structures which are
404 customarily accessory and clearly incidental and subordinate to principal uses and
405 structures and where such accessory structures do not exceed the height of the
406 principal structure and do not exceed five hundred (500) square feet of floor area or
407 twenty (20) percent of the floor area of the principal structure, whichever is greater.
408 Such accessory uses and structures include but are not limited to:
409 (1) Detached quest house and servants quarters within the R-40 District only;
410 (2) Bees;
411 (3) Swimming pools, boat houses, piers, etc.;
412 (4) In connection with agricultural use, no more than one roadside stand for
413 sale of agricultural products produced on the premises; provided that no
414 such stand shall exceed five hundred (500) square feet in floor area nor
415 be erected within twenty (20) feet of the property line fronting any street;
416 (5) An accessory activity operated for profit in a residential dwelling unit where
417 there is no change in the outside appearance of the building or premises
418 or any visible or audible evidence detectable from outside the building lot,
419 either permanently or intermittently, of the conduct of such business except
1 0
420 for one nonilluminated identification sign not more than one square foot
421 in area mounted flat against the residence; where no traffic is generated,
422 including traffic by commercial delivery vehicles, by such activity in greater
423 volumes than would normally be expected in the neighborhood, and any
424 need for parking generated by the conduct of such activity is met off the
425 street and other than in a required front yard; where the activity is
426 conducted on the premises which is the bona fide residence of the
427 principal practitioner, and no person other than members Of the
428 immediate family occupying such dwelling units is employed in the activity;
429 where such activity is conducted only in the principal structure on the lot;
430 where there are no sales to the general public of products or merchandise
431 from the home; and where the activity is specifically designed or
432 conducted to permit no more than one patron, customer, or pupil to be
433 present on the premises at any one time. The following are specifically
434 prohibited as accessory activities: Convalescent or nursing homes, tourist
435 homes, massage parlors, radio or television repair shops, auto repair
436 shops, or similar establishments.
437 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 18
438 day of September 1 990.
439 CA-3904
440 \ordin\proposed\sewage4.ord
441 R-3
- 40 -
Item IV-L.l.
UNFINISHED BUSINESS ITEM # 33461
ADD@
Mayor Oberndorf referenced receipt of the letter dated September 12, 1990, from
the Department of Historic Resources, the Commonwealth's agency responsible
for administering historic preservation programs. The Department will recommend
the Pleasant Ridge School for Blacks In Virginia Beach be deslgnated for the
National Register and the Virginia Landmark Register. Said letter Is hereby
made a part of the record.
- 41 -
Item IV-L.l.
UNFINISHED BUSINESS ITEM # 33462
ADD-M
Mayor Oberndorf Inquired whether there was a representative In attendance
during the Commonwealth Transportation Board Meeting tonight, September 18,
1990, relative the Federal Legislation.
The City Manager advised there was a Staff representative In attendance.
- 42 -
Itern IV-M.I.
NEW BUSINESS ITEM # 33463
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
A Resolution directing the Planning Commission to
consider and give Is recornmendation to the City
Council within 60 days as to whether Section 102(b)
(5) of the City Zoning Ordinance should be
repealed.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McC]anan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
1 A RESOLUTION DIRECTING THE PLANNING
2 COMMISSION TO CONSIDER AND GIVE ITS
3 RECOMMENDATION TO THE CITY COUNCIL
4 AS TO WHETHER SECTION 102(B)(5) OF
5 THE CITY ZONING ORDINANCE SHOULD BE
6 REPEALED
7 WHEREAS, Section 102(b)(5) of the City Zoning Ordinance
8 currently provides that where a zoning district boundary divides
9 a lot which was in single ownership at the time of passage of the
10 ordinance, the Board of Zoning Appeals may permit the extension of
11 the regulations for either portion of the lot not to exceed fifty
12 (50) feet beyond the district boundary into the remaining portion
13 of the lot; and
14 WHEREAS, the City Council is concerned that Section
15 102(b)(5) may, in effect, permit the Board of Zoning Appeals the
16 authority to change the uses which are permitted on property; and
17 WHEREAS, the City Council is of the opinion that the
18 effect of Section 102(b)(5) is to bestow upon the Board of Zoning
19 Appeals the authority to rezone property, which authority should
20 only be exercised by the City Council;
21 THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH THAT:
23 1. The Planning Commission is hereby directed to
24 consider and make its recommendation to the City Council as to
25 whether Section 102(b)(5) of the City Zoning ordinance should be
26 repealed.
27 2. The Planning Commission is directed to forward
28 its recommendation to the City Council within sixty (60) days
29 following the adoption of this Resolution.
30 Adopted by the City Council of the City of Virginia
31 Beach, Virginia, on the 18th day of September, 1990.
32 CA-90-3934
33 \ordin\noncode\CZ0102.res
34 R-1
- 43 -
Item IV-M.2.
NEW BUSINESS ITEM # 33464
E. Dean Block, Assistant City Manager for Analysis and Evaluation, presented
Information relative the CAPITAL IMPROVEMENT PLAN and distributed copies of the
proposed CIP:
OVERVIEW
Category 5-Year Total %
Schools $ 256,912,200 31.3
Engineering & Hwys 432,622,154 52.6
Buildings 84,238,560 10.3
Parks & Rec 47,947,896 5.8
Total Gen. Imprv. 821,720,810 100.
Public Utilities 357,625,179
TOTAL $1,179,345.989
Capltal Budget (FY 90/91) $ 93,487,695
Ten Year Total $1,503,051,548
SELECTED HIGHLIGHTS
Continuation, Acceleration and Adjustments
14 New Schoois - 2 Major Renovations
62 Road and Bridge Projects In First 5-Year Totaling: $325,815,598
Reprogramming of Constitution Drive State funds
Includes Ferreil Parkway Phases VI and VII
Programming Use ot Special Road Bond Authority
Salem Road and Other Projects Accelerated
Econornlc Development - Atlantic Avenue lmpovements Expedited
UST Program - Mandates - EPA
Beach Borough Service Center
Sandbridge Sewer
SCHEDULE
SEPTEMBER 18 - 30 PLANNING COMMISSION REVIEW AND COMMENT
OCTOBER 2 WORKSHOP
OCTOBER 16 WORKSHOP
NOVEMBER I PUBLIC HEARING/PRINCESS ANNE HIGH SCHOOL
NOVEMBER 13 RECONCILIATION WORKSHOP
NOVEMBER 20 FIRST READING AND PUBLIC HEARING
DECEMBER 6 SECOND READING AND ADOPTION
- 44 -
Item IV-N.I.
ADJOURNMENT ITEM # 33465
Upon motion by Vice Mayor Fentress, and BY CONSENSUS, City Council ADJOURNED
the Meeting at 8:15 P.M.
e,, . y 0. @@
Chief Deputy City Clerk
@-h M y Ob.@.d.@f
M,
7 'Y",
ity Clerk
City of Virginia Beach
Virginia